ccwks 10-13-04
.
CITY COUNCIL MINUTES
SPECIAL WORKSHOP SESSION
WEDNESDAY OCTOBER 13, 2004
The Schertz City Council convened in Special Workshop Session on
Wednesday, October 13, 2004 at 7:00 p.m. in the Municipal Complex
Conference Room, 1400 Schertz Parkway, Schertz, Texas. Those present
were as follows: Mayor Hal Baldwin, presiding; Councilmembers Carl
Douglas, Steve Simonson, Reginna Agee, Tony Wilenchik and Ken
Greenwald. Staff members present were Interim City Manager John
Bierschwale and City Secretary Norma Althouse.
#1 HEARING OF RESIDENTS
George Gutierrez of 2109 FM 3009 stated he has owned that property since
1949 and is attempting to sell it. Planning and Zoning held a meeting last
night to consider the rezoning. The vote was 3 to 2 not to rezone. Mayor
Baldwin stated it doesn't have to be rezoned before he can sell.
. Mr. Greenwald said there is a public hearing scheduled for November 2nd on
this matter. He doesn't feel the vote was just. Also, David Richmond,
Planning and Zoning Chairman, will be here at that meeting.
Mr. Wilenchik stressed to Mr. Gutierrez Planning and Zoning is not
stopping him from selling. Mayor Baldwin said he's looking forward to the
November 2nd meeting so all sides can be heard. Mr. Gutierrez said he
appreciates that.
Robert Brockman of 4505 Grand Forrest wondered if Proposition 13 would
be on the November 2nd ballot.
.
#2 Discuss final reading of an Ordinance Authorizing and Allowing,
Under the Act Governing The Texas Municipal Retirement System,
"Updated Service Credits" In Said System On An Annual Basis For
Service Performed By Qualifying Members Of Such System Who At
The Effective Date Of The Allowance Are In The Employment Of The
City Of Schertz; Providing For Increased Prior And Current Service
Annuities For Retirees And Beneficiaries Of Decreased Retirees Of The
City; Providing For Increased Municipal Contributions To The Current
6
. Service Annuity Reserve At Retirement Of The Employees Of The City;
And Establishing An Effective Date For The Ordinance.
Mayor Baldwin asked Council if they were ready for this item to be on next .
week's agenda. They replied yes, but Mr. Simonson commented he would
abstain from that vote.
#3 Discuss Public Hearing (scheduled October 19, 2004) on request for
Specific Use Permit for Block 1, Lot 14, Schertz Business Park (132
Commercial Place) to allow for an Office/Warehouse facility for a food
distribution center, located in the Air Installation Compatible Use Zone
(AICUZ).
Mr. Bierschwale indicated they are trying to work out a few problems with
this request. Mrs. Agee asked if part of the problem had to do with the
fencing and Mr. Bierschwale replied yes.
.
Council agreed they were ready for this item to be on next Tuesday's
agenda.
#4 Discuss Public Hearing (scheduled October 19, 2004) on request to
rezone 11.867+ acres from General Business (GB) to Residential-5 (R-
5). The property is located at the northwest quadrant of Schertz
Parkway and Live Oak Road.
Amy Madison, Community Development Director, pointed out the location
on the map.
Mr. Bierschwale advised that the Bindscil sale is contingent on the rezoning.
Following a brief discussion about traffic circulation, Mr. Bierschwale noted
they will have to follow the Master Plan.
Council indicated they were ready for this item to be on next Tuesday's
agenda.
.
#5 Discuss Public Hearing (scheduled October 19, 2004) on request
rezoning 5.820 (publication error on acreage 6.054) of acres of land
from Neighborhood Services (NS) and Residential-l (R-l) to General
Business (GB). The property is located on the west side of FM 3009,
approximately 380 degrees south of Dimrock.
7
. Mr. Wilenchik asked what the potential buyer of the property wants there
and was told a mini-storage facility. Mr. Wilenchik then questioned if we
look at the class of business to rezone or do we simply deny the rezoning.
Mr. Greenwald pointed out part of the problem is that the property is one
hundred and ninety feet long and only thirteen feet wide.
Mayor Baldwin commented it seems unfair to deny the rezoning just
because Planning and Zoning can't get the other guy to cooperate.
Council felt this item was ready to be included on next Tuesday's agenda..
#6 Discuss and take action setting public hearing date (November 2,
2004) on request rezoning 5.820 of acres of land from Neighborhood
Services (NS) and Residential-1 (R-l) to General Business (GB). The
property is located on the west side of FM 3009, approximately 380
degrees south of Dimrock.
.
Mrs. Agee moved to approve setting a public hearing date for November 2,
2004 to rezone 5.820 acres from Neighborhood Services Residential-l (Rl)
to General Business (GB). Mr. Greenwald seconded the motion which
carried with the following votes.
AYES: Councilmembers. Douglas, Simonson, Agee, Wilenchik and
Greenwald.
NAYS: None
#7 RESOLUTION: Consider and take action on Resolution
authorizing the City Manager to enter into a contract with the Texas
Department of Transportation for a Selective Traffic Enforcement
Program for the period of October 1, 2004 through September 30, 2005.
RESOLUTION NO: 04-R-15
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING THE CITY MANAGER TO ENTER INTO A
CONTRACT WITH THE TEXAS DEPARTMENT OF
TRANSPORTATION FOR A SELECTIVE TRAFFIC
. ENFORCEMENT PROGRAM FOR THE PERIOD OF OCTOBER 1,
2004 THROUGH SEPTEMBER 30, 2005.
8
. Mrs. Agee moved to approve the Resolution authorizing the City Manager to
enter into a contract with the Texas Department of Transportation for a
Selective Traffic Enforcement Program for the period of October 1, 2004
through September 30, 2005. Mr. Greenwald seconded the motion, which
carried with the following votes.
AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and
Greenwald.
NAYS: None
#8 Discuss final reading of Ordinance repealing Chapter 7, Fire
Prevention and Protection, specifically Ordinances 78-E-20, 81-C-26,
81-C-33, 85-C-8 and 89-C-15; adding new Chapter 7, Fire Prevention
and Protection; establishing provision for fees for non-residential fire
protection services and fire operations, adding provision for fines for
violations of certain provisions of the Ordinance, providing a
severability clause; and providing an effective date.
. Mr. Bierschwale informed Council this is a total replacement of all existing
Fire Ordinances. Fire Chief, Elroy Friesenhahn, explained there was some
confusion in the documents. He also mentioned they still need clerical
corrections as far as acronyms. .
ChiefFriesenhan recommended the following changes:
a) Section 7.2 paragraphs Band C, change City Manager to Fire Chief.
In paragraph C they need some corrected wording.
b) Need to include the Life Safety Code
c) Need to modify the process for the collection of fees
At this time Chief Friesenhahn asked if there were any further questions
from Council.
.
Mr. Simonson inquired if they have been charging all these fees in the past.
Mr. Bierschwale replied there was a change for the Hazmat fees. Mr.
Douglas wondered if Hazmat fees are strictly for commercial properties or
are they also for residential. Chief Friesenhahn replied they are normally not
for residential but they will come up with some wording to claritY that.
9
. Mr. Greenwald inquired if throughout the document they can change to most
current instead of saying a particular year.
Mayor Baldwin asked if we are going to start charging for driving into low
water crossing areas when the water is too high. Chief Friesenhahn
responded they can add that to the Ordinance.
After a brief discussion about some of the wording in the old ordinances,
Chief Friesenhahn agreed to come back with better wording. He agreed to
make the suggested changes and come back with a new draft of the
ordinance at a later date.
#9 Discussion regarding proper reporting as mandated by TCLEOSE
(Texas Commission On Law Enforcement Officer Standards and
Education) and Department staff mg.
.
Police Chief, Steve Starr, said they are required to assist in proper reporting
as mandated by TCLEOSE (Texas Commission On Law Enforcement
Officer Standards and Education) and to assure we have the proper
information in our City budget, it is necessary to make a few changes as
listed below.
1. Change the listed Corporal strength from 4 to 5 to coincide with the
Sergeant strength of 5. This will allow each Sergeant to have one
Corporal under his/her command. This will also allow for a supervisor
to be on duty when the Sergeant is on days off.
2. Change the listed officers strength from 25 to 23. This will allow for
the new Corporal position to be filled and to show the proper Police
Department.
3. Add 4 Officers assigned to the Fire Department due to Police
Department holding their commission.
4. Add 1 Officer assigned to the Courts due to Police Department
holding his commission.
5. This will give a total strength with TCLEOSE of 41 Officers.
6. Change Chris Gabbard from Secretary to Administrative Assistant
with a pay grade of20.
.
Mr. Bierschwale advised Council they will put this item on next week's
agenda for formal action.
10
. #10 Discuss first reading of Ordinance repealing Chapter 10, Article
VII, Garage Sales, Specifically Ordinances 02-L-6, 92-L-11, 01-L-4 and
90-L-24, and adding a new Chapter 10, Article VII, Garage Sales;
establishing a penalty; repealing conllicting Ordinances; providing for
severability; and establishing an effective date.
Mayor Baldwin inquired if any recent changes have been made to the Sign
Ordinance and Mr. Bierschwale replied no.
Mr. Wilenchik stated we have a Sign Ordinance, all we need to do is enforce
it.
Mayor Baldwin stressed that without a Garage Sale Ordinance things would
be out of control in six months. There was a lot of discussion about the cost
of a garage sale permit for an HOA. Mayor Baldwin felt that $50.00 is a
reasonable price for an HOA permit because they can split the cost between
the various homeowners.
.
There was a lengthy discussion about the cost of garage sale permits,
(specifically for Homeowners Associations) about the number of signs
issued for a garage sale, about whether the signs should be displayed and
about rain dates for garage sales. Several Councilmembers felt they were
making it too complicated. They agreed with Mr. Wilenchik's previous
remark that if we're going to have a Sign Ordinance, it needs to be enforced.
Mr. Bierschwale informed Council the first reading of this revised ordinance
will be on next Tuesday night's agenda and they had no problem with that.
#11 Discuss Public Hearing (scheduled November 2,2004) with respect
to proposed annexation ofthe following properties, (the "Land"):
.
1. Approximately 37.4 acres located adjacent to the existing City limits
adjacent and between Northcliffe and Scenic Hills Subdivision,
Project 1 (Northcliffe area).
2. 14.30 acres located adjacent to the existing City limits known as Old
Wiederstein Road, Project 2 (Old Wiederstein Road)
3. 119.44 acres located adjacent to the existing City limits line parallel to
Maske Road at FM 1518, Project 3 (Maske Road).
11
.
4. Approximately 216.77 areas located adjacent to the existing City
limits between FM 2252, FM 482, and the Union Pacaific Railroad,
Project 4 (FM 2252 area).
5. Approximately 224.40 acres located adjacent to the existing City
limits line between FM 482 and Interstate 35 near Hubertus Road,
Project 5 (Hubertus Road area).
6. Approximately 163.38 acres located adjacent to the existing City
limits line between Iterstate 35 and the Union Pacific Railroad near
Friesenhahn Road, Project 6 (Friesenhahn Road are).
Mayor Baldwin stated the public hearing for items 1-6 will be November 2,
2004. Council had no further comments at this time regarding the public
hearings.
#12 Discuss first reading of Ordinance repealing a Tax Abatement
Ordinance 98-T-12 (Alamo Packaging) and Reassignment of Tax
Abatement to Safeguard Security Services, Ltd.
.
Mr. Bierschwale pointed out this is a transfer of ownership and will be
extended to December 31, 2006.
Council agreed they were ready tpr this to be on next Tuesday;s agenda.
#13 Item by Interim City Manager
General Announcements
Budget - Enterprise Funds
Over 65 Tax Freeze
.
. Commented he had Evelyn Boggess put together a package on the
numbers for the tax freeze. They are asking for approval from Council
so they can get it published in the paper. Mrs. Agee added that if its
approved, it needs to be published as soon as possible. Mr.
Bierschwale said if the Proposition 13 election fails to approve the
tax freeze, then perhaps we can offer a bigger exemption for those
people age 65. and older and the disabled. All we would need is a
number from City Council. Mrs. Boggess stressed the $10,000
exemption is mandated by law. Council decided they should go
forward with the publication in the paper.
12
.
.
.
~-
. Mentioned that due to all the rainfall this year, some departments in
the City, specifically Public Works, encountered some extra expenses
that weren't expected.
. Confirmed those Councilmembers who are attending. the TML
conference in Corpus Christi later this month.
#14 Items by Council
General Announcements
Councilmember Douglas
Liaison - EDC
Liaison - Schertz Library Board
. Commented the Herald newspaper is holding a luncheon on October
28th to get input on what changes could be made to the newspaper to
make it better.
. Questioned status of changes to the Personnel Policy Manual. Mayor
Baldwin noted City Attorney, Michael Spain, has some changes. Mr.
Bierschwale said he is currently asking for comments from the staff.
. Inquired, regarding the Arroyo sign, if the City has any documentation
that it is a legal sign. Mr. Bierschwale replied he would find out.
. Referred to the Ordinance for the Court of Record and asked if Mr.
Spain has any information about the qualifications for the Judge. He
understood the Judge needs to have practiced law for two years and
sitting as a Judge does not count. Mr. Bierschwale asked for time to
see if Judge Padgett and Mr. Spain had talked. Mrs. Agee added
regardless of the answer, they need to move forward.
Councilmember Simonson
4-B Board
Liaison BVY A
. Mentioned that on the next agenda they need to discuss Mr~
Bierschwale's salary increase as Interim City Manager.
13
.
. Inquired If they have done anything in the search for a new City
Manager.
Councilmember Agee
4-B Board
Liaison - Schertz Housing Authority
Mrs. Agee had nothing to report.
Councilmember Wilenchik
4-B Board
Liaison - Schertz Humane Society
Liaison - HOA Coalition
Ex-officio - TSAC
. Said TSAC told him the Scooter Ordinance is in the City Managers
office.
.
. Noted that regarding a Jaywalking Ordinance they were only looking
at in anyway in school zones.
. Inquired if they could get business cards for TSAC and for school
crossing guards. Mr. Bierschwale promised to check into it.
. Spoke briefly about the spaying and neutering program at the Animal
Control Shelter.
(Today was Mr. Wilenchik's birthday. Council sang Happy Birthday to him
and his wife, Valerie, brought a cake for him, which he shared with
Council).
Councilmember Greenwald
4- B Board
Ex-Officio - P&Z Commission
Ex-Officio - S/SLGC
.
. Mentioned Planning and Zoning IS getting a copy of Code
Enforcement Regulations.
14
.
. Advised we're getting a new medical complex in the City.
. Reported briefly on the status on the Schertz/Seguin Local
Government Corporation.
#15 Items by Mayor
General Announcements
Mayor Baldwin had nothing to report.
#16 ADJOURNMENT
There being no further business to discuss, Mayor Baldwin adjourned the
meeting at 9:40 p.m.
.
Mayor, City of Schertz, Texas
ATTEST:
22~~
City Secretary, City of Schertz, Texas
.
15