Reference City Council Minutes 3-15-2005 As Requested
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CITY COUNCIL MINUTES
REGULAR SESSION
MARCH 15~ 2005
The Schertz City Council convened in Regular Session on Tuesday~ March 15.2005 at 7:00 p.m.
in the Municipal Complex Council Chambers. 1400 Schelu Parkway~ Schertz, Texas. Those
present were Mayor Hal Baldwin. presiding; CounciImembers Carl Douglas, Steve Simonson~
Reginna Agee, Tony Wilenchik and Ken Greenwald. Those staff members present were Interim
City Manager John Bierschwale and City Secretary Nanna Althouse.
Mayor Baldwin asked everyone to rise and join him in the Pledge of Allegiance to the Flag.
Following the Pledge~ Mayor Baldwin introduced Scoutmaster Dean Schneider. Mr. Schneider
presented Boy Scout Troop 512 and said they were here tonight as part ofthe criteria for earning
a Citizenship Badge. They are doing it in honor of recently deceased Dan Christenson who was
a big SupP01ter of the Boy Scouts. The Scouts were given a round of applause by Council and
the audience.
#1 HEARING OF RESIDENTS
Robert Brockman of 1000 Elbel Road, #411 had the following comments:
.to He had visited the library in Seguin and it is a pretty nice facility. If Schertz is still the
largest City in Guadalupe County, we need to be looking into getting a new library.
... Referred to #5 on the agenda regarding speed limits on Wiederstein Road and asked why
the City doesn't have weight limits on that road.
<!to Mentioned the collection box at the Smoke Pit is an eyesore.
Ramon Cook of 913 Dimrock mentioned the following:
.. It was a pleasure to see the excellent job doue by Parks and Public Works on the drainage
areas for Woodbridge and Ashley Park to Maske Road. He would like to see more of it
in other areas.
Mayor Baldwin then introduced Johnny Sutton, fomler Councilmember for Cibolo and candidate
for Mayor ofCibolo.
#2 APPROVAL OF MINUTES: Regular Session 3-01-05
Mr. Greenwald moved to approve the minutes. as written, for the Regular Session of 3-01 ~05.
Mr. Wilenchik seconded the motion, which carried with the following votes:
187
AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald,
NAYS: None.
#3 ORDINANCE: Consider and take action on ftnal reading of Ordinance adopting a
moratorium on property development in a platted subdivision.
Mayor Baldwin introduced an Ordinance and read the caption as follows:
ORDINANCE NO. 05~S-10
AN ORDINANCE ADOPTING A MORATORIUM ON PROPERTY DEVELOPMENT
IN A PLATTED SUBDIVISION, AND OTHR MATTERS IN CONNECTION
THEREWITH.
Interim City Manager John Bierschwale pointed out this is a moratorium on the Live Oak Hills
Subdivision. We're doing what we can as a City government to try and help folks.
Mr. Simonson moved to approve the final reading of an Ordinance adopting a moratorium on
property development in a platted subdivision. Mr. Douglas seconded the motion~ which carried
with the following votes:
AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald.
NAYS: None,
#4 ORDINANCE: Consider and take action on first reading of Ordinance regarding deletion
of Stop Sign at Country Club Blvd. at subdivision gate and addition of Yield Sign at Country
Club Blvd. at subdivision gate.
Mayor Baldwin introduced an Ordinance and read the caption as follows:
AN ORDINANCE
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS PROVIDING THAT
THE CODE OF ORDINANCES OF THE CITY OF SCHERTZ, TEXAS BE AMENDED
BY REVISING SECTION 18-32, STOP INTERSECTIONS AND SECTION 18~35, YlELD
INTERSECTIONS; AND PROVIDING A REPEALING CLAUSE.
Mr. Douglas moved to approve the first reading of an Ordinance regarding deletion of Stop
Signs at Country Club Blvd. at subdivision gate and addition of Yield Signs at Countty Club
Blvd. at subdivision gate. Mrs. Agee seconded the motion, which canied with the following
votes;
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AYES: Council members Douglas, Simonson, Agee, Wilenchik and Greenwald.
NAYS: None.
#5 ORDINANCE; Consider and take action on first reading of Ordinance regarding All Way
Stops at Wiederstein Road and Dean Road and Maximum Limits on Specific Streets fi:om the
intersection of IH -35 frontage road to Wiederstein Road and from the intersection of W iedersteil1
Road to FM 1103.
Mayor Baldwin introduced an Ordinance and read the caption as follows:
AN ORDINANCE
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS PROVIDING THAT
THE CODE OF ORDINANCES OF THE CITY OF SCHERTZ, TEXAS BE AME1\rnED
BY REVISING SECTION 18-33, SAME-SAME - ALL WAY STOPS AND SECTION 18-
76, MAXIMUM LIMITS ON SPECIFIC STREETS; AND PROVIDING A REPEALING
CLAUSE.
Mayor Baldwin asked that that the word speed be included before maximum limits.
Mr. Greenwald moved to approve the first reading of an Ordinance regarding All Way Stops at
Wiedersteitl Road and Dean Road and Maximum Limits on Specific Streets from the intersection
of lli-35 frontage road to Wiederstein Road and from the intersection of Wiederstein Road to
FM 1103 and designated that the word speed be included before maximum limits. Mr.
Wilenchik seconded the motion, which carried with the following votes:
AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald.
NAYS: None.
Mr. Douglas mentioned that the weight limits were not included. Mr. Bierschwale explained that
Mr. Spain, City Attomey, is working on it and should have something by the end of the month.
#6 ORDINANCE: Consider and take action on first reading of Ordinance regarding No
Parking signs at intersection of Castle Hills Drive and Sherwin Drive.
Mayor Baldwin introduc"ed an Ordinance and read the caption as follows:
AN ORDINANCE
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS PROVIDING THAT
THE CODE OF ORDINANCES OF THE CITY OF SCHERTZ, TEXAS BE AMENDED
BY REVISING SECTION 18-91, PARKING PROHIBITED; AND PROVIDING A
REPEALING CLAUSE.
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carried with the foJIowing votes:
A YES: Counciltnembers Douglas; Simonson, Agee, Wilenchik and Greenwald.
NAYS: None,
Mr. Greenwald suggested an explanation of why we're doing this Ordinance be given to the
Scouts. Mr. Bierschwale related that at the intersection of @a~tl~ mill~ Drive and Sherwin Drive,
it is difficult for emergency vehicles to get through if cars are parked there, A survey was taken
of20 property owners in the area and they agreed there should be no parking at that intersection.
#7 ORDINANCE: Consider and take action on first reading of Ordinance amending a
Franchise for Roadrunner Towing.
Mayor Baldw!n introduced an Ordinance and read the caption as follows:
AN ORDINANCE
GRANTING ROADRUNNER TOWING A FRANCmSE FOR NONCONSENT TOWING
OF DISABLED OR WRECKED VEIUCLES WITHIN TIIE CITY LIMITS OF THE
CITY OF SCHERTZ; IMPOSING RESTRICTIONS AND CONDITIONS RELATING
TO THE EXERCISE OF SAME; AND PROVIDING FOR PENALTIES NOT TO
EXCEED $500 FOR VIOLATION THEREOF; AND REPEALING ALL ORDINANCES
OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE.
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Roadrunner Towing had requested extending the Franchise Agreement for a period ofthree years
with the option of renewing it for an additional two years. Mr. Wilenchik had asked if this
could be done without going out for rebidding.
Michael Spain, City Attorney, had written a letter to Council stating that under Section 11.02 of
the Charter, the City Council may "grant, renew and extend" franchises for public utilities. The
tenn ((public utilities" as used in that section means any entity furnishing to the public any
"general public service", meaning traditional public utilities and "any other pUt]Jose whereby a
right to, in part, appropriate or use the streets) highways or other property of the City as
necessary or proper".
Mr. Bierschwale went on to explain that under Section 11.02 of the Charter, all ordinances
granting, renewing or extending franchises for public utilities must be read at two separate
regular meetings of the City Council and may not be passed until 30 days after the last reading.
No such ordinance may take effect until 30 days after its final passage, and during that 30-day
period the full text of the ordinance must be published once a week for two consecutive weeks in
the City's official newspaper, The expense of the publication must be borne by the franchisee.
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Mr. Greenwald moved to approve the first reading of an Ordinance amending a Franchise for
Roadrunner Towing, extending the Franchise for a period of three years with the option of
renewing it for an additional two years, Mr, Wilenchik seconded the motioll, which carried with
the following votes:
AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald,
NAYS: None.
#8 ORDINANCE: Consider and take action amending Ordinance 01-H-6 by revising
Chapter 10; Article Ill, Section 10-51, Definitions. Paragraph (4) Junk Vehicle; and declaring an
emergency,
Mayor Baldwin introduced an Ordinance and read the caption as follows:
ORDINANCE NO. 05-H-ll
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS PROVIDING THAT
THE CODE OF ORDINANCES OF THE CITY OF SCHERTZ, TEXAS BE AMENDED
BY REVISING CHAPTER 10, ARTICLE ill, ABANDONED JUNKED PROPERTY AND
PROPERTY FOUND IN VIOLATION OF ORDINANCE, SECTION 10-51,
DEFINITIONS - (4); PROVIDING A REPEALING CLAUSE; AND DECLARING
EMERGENCY.
Mr. Bierschwalc indicated that Building Official, Leonard Tnlitt, is present to answer questions.
He went on to explain the QI in the definition of a Junked Vehicle is being changed to and to
comply with State law, Judge Padgett requested the change.
Mrs. Agee moved to approve an Ordinance by the City Council of the City of Schertz; Texas
providing that the Code of Ordinances of the City of Schertz, Texas be amended by revising
Chapter 10, Alticle Ill, Abandoned Junked Property and property found in violation of
Ordinance, Section 10-51, Definitions - (4); providing a repealing clause; and declaring an
emergency. Mr. Simonson seconded the motion, which canied with the following votes:
AYES: Councilmembers Douglas. Simonson. Agee, WiIenchik and Greenwald.
NAYS: None.
#9 Discussion and possible action regarding payment to the City of Cibolo for installation
of sidewalks along Dietz Road.
Johnny Sutton advised that SBC dropped a pole in part of the sidewalk. The pole is supposed to
be removed, Regarding the ADA ramps, he thinks everyone is surprised that hasn't been done
yet. The weather, of course, has been a factor and he has confidence they will be installed in the
next 90 to 120 days. He wouldn't be surprised if Council can't pay now because of being in a
f ~ I
different budget year than when the funds were approved. His hope is to have better _
communication in the future. ...
Mr. Douglas asked if the funds hadn't been set aside. Ml'. Bierschwale replied yes they had, we
just need to reappropriate them.
Mr. Wilenchik inquired if the school district was a player and Mr. Sutton replied yes, they
cooperated on the sidewalk.
Mr. Wilenchik moved to reappropriate the $15,000 that was originally approved by Council for
the ADA ramps. Mr. Greenwald seconded the motion, which carried with the following votes:
AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik, and Greenwald.
NAYS: None.
Mr.. Sutton expressed thanks on behalfofthc citizens ofCibolo.
#10 Items by Interim City Manager
General Comments
Passed around the new City Seal for Council to see and they liked it. He said it would be on the
agenda for action at the next regular meeting.
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#11 Items by Council
General Comments
Councilmember Douglas
Liaison - EDC
Liaison - Schertz Library Board
Mr. Douglas had nothing to report.
Councilmember Simonson
Liaison - BVY A
Mr. Simonson had nothing to repmi.
Coullcilmember Agee
Liaison - Schertz Housing Authority
Liaison - Guadalupe County Children's
Advocacy Center
... Mentioned attending the retirement luncheon last week for Jim Theisen of the HOllsing
Authority and it was very nice. She thinks they will really miss him.
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Councilmember Wilenchik
3-B Board
Liaison - Scheliz Humane Society
Liaison - HOA Coalition
Investment Advisor
Ex-officio - TSAC
· Reported lots of interest in the Doggie Dash sponsored by the Schertz Humane Society.
The date is May 21,2005. It will be a 5K run at the Schertz Park. So far theive gotten
a $1200 - $1400 response from City businesses,
Councilmember Greenwald
4-B Board
Ex-officio - P&Z Commission
Ex-officio - S/SLGC
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· Stated there is a Schertz/Seguin Local Government Corporation meeting this TImrsday.
Mr. Greenwald then explained (for the Scouts) a little bit about the Corporation. Both
Schertz and Seguin were looking for an additional 50-year source of water even though
Schertz still has 1,000 acre feet of the Edwards Aquifer The Corporation has slowly
acquired land over the last eight years. They have acquired approximately 2500 acres.
They are close to having enough water until the year 2050. The r.O:lt was: over
$50,OOO}OOO.
#12 Items by Mayor
General Comments
· Allliounced the ribbon cutting ceremony for the opening of the; H'~'.y Wal-I\1alt is
Wednesday} March 23,2005 at 7:30 a.m.
+ Remarked he has had complaints about U"turns at the ends of the islands on FM 3009
going toward IH"35. Maybe we need some No V-Turn signs. Mr. Bierschwale thought
maybe we need to monitor the situation.
#13 EXECUTIVE SESSION: Called under Chapter 551 Texas Gove111ment Code:
(a) Sub-Section 551.071: Consultation with Attomey regarding pending or contemplated
litigation,; and
(b) Sub-Section 551}074: PersOlll1el Matters: Appointment} employment. evaluation}
reassignment, duties~ discipline or dismissal ofthe City Manager.
After a short break, Council moved to the Conference for an Executive Session, which was held
from 7:41 p.m. until 8:05 p.m.
#14 Action, if any, on the subject of the above Executive Session.
e No action was required.
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#15 ADJOURNMENT
There being no further business to discuss, Mayor Baldwin adjourned t
ATTEST:
~~41d~
City Secretary, City of Schertz, Texas
meeting at 9:06 p,m,
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