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Reference City Council Minutes 4-5-2005 As Requested t" e e e COUNCU, - REGULAR SESSION TUESDAY, APRIL 5~ 2005 The Schertz City Council convened in regular session on Tuesday, April 5, 2005 at 7:00 pm in the Municipal Complex Council Chambers, 1400 Schertz Parkway, Bchertz, Texas. The following members were present: Mayor Hal Baldwin pJ'esiding, Council members Carl Douglas, Steve Simonson, Reginna Agee, Tony Wilencltik and Ken Greenwald. Staff members present Acting Interim City Manager Dudley Wait and Deputy City Secretary Mary Ybarra. Mayor Baldwin welcomed everyone and called the meeting to order at 7:00 pm, and asked everyone to rise and join him in the Pledge of Allegiance to the Flag. #1 HEARING OF RESIDENTS Robert Brockman, 1000 Elbel Road made the foUowing comments: . Mentioned the Medina Children Donation box located between VFW and Service Station has an over flow of articles, such as boxes, etc. Fire Chief Friesenhahn ,apologized to those present with an interest in the Fire Department Ordinance; because he and Glen Outlaw were out of the office attending a seminar the changes to the Ordinance did not make this evening agenda. Thus, Ordinance changes would be available at the next Council meeting. The changes to come would be the elimination of permit fees as well as an addition of penalty clause; relative to negligence in fire bum process; no longer will residents come to the office; an appointment will be made of a scheduled burnt and department wilt send someone out to the burn site and issue pennit on site if all checks out. Another change is to open burning; not allowed in residential area, dropped from 5 to 3 acre lot size. The exhibit change will come forward for approval at the next meeting, however Ordinance changes have to follow the process of two Ordinance readings before passage. #2 APPROVAL OF MINUTES: Special Session-March 22, 2005 Council member Agee moved to approve the minutes of Special Session. March 22, 2005. Council member Douglas seconded the motion. which carried with the following votes: AYES: Councilmembers Douglas, Simonson, Agee, WilencWk and Greenwald. NAYS: None. #3 CONSIDER AND TAKE ACTION REGARDING SIGN VARIANCE APPEAL REQUEST FOR HAMPTON INN AND SUITES. No changes were reported and staff recommends approval. Zll Council member Greenwald moved to approve the sign variance appeal request for Hampton Inn and Suites. Council member Simonson seconded the motion, which carried with the following votes: . AYES: Council members Douglas, Simonson, Agee. Wilenchik and Greenwald, NAYS: None. #4 ORDINANCE: CONSIDER AND TAKE ACTON ON FINAL READING OF ORDINANCE REGARDING DELETION OF STOP SIGN AT COUNTRY CLUB BLVD. AT SUBDMSION GATE AND ADDITION OF YIELD SIGN AT COUNTRY CLUB BLVD. AT SUBDMSION GATE. Mayor Baldwin introduced an Ordinance and read caption as follows: ORDINANCE NO. 05-D-12 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, YIELD INTERSECTIONS; AND; PROVIDING A REPEALING CLAUSE. Council member Simonson moved to approve fmal feading 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. Council member Agee seconded the motion, ., which carried with the following votes: AYES: Council members Douglas. Simonson, Agee, Wilenchik and Greenwald. NAYS: None. #5 ORDINANCE: CONSIDER AND TAKE ACTION ON FINAL READING OF ORDINANCE REGARDING ALL WAY STOPS AT WIEDERSTEIN ROAD AND DEAN ROAD, AND MAXIMUM SPEED LIMITS ON SPECIFIC STREETS FROM INTERSECTION OF m-35 FRONTAGE ROAD TO WIEDER STEIN ROAD AND FROM THE INTERSECTION OF WlEDERSTEIN ROAD TO FM 1103. Mayor Baldwin introduced an Ordinance and read caption as follows ORDINANCE NO. 05-D-13 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 18-33, SAME-SAME-ALL WAY STOPS AND SECTION 18-76, MAXIMUM LIMITS ON SPECIFIC STREETS; AND PROVIDING A REPEALING CLAUSE. e There were no changes reported. ~p- e e e Council member Douglas moved to approve final reading of Ordinance regarding all way stops at Wiederstein Road and Dean Road, and Maximum Speed 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. Council member Agee seconded the motion, which carried with the following votes: AYES: Council members Douglas, Simonson, Agee, Wilencltik and Greenwald. NAYS: None. #6 ORDINANCE: CONSIDER AND TAKE ACTION ON FINAL READING OF ORDINANCE REGARDING NO PARKING SIGNS AT INTERSECTION OF CASTLE HILLS DRIVE AND SHERWIN DRIVE. Mayor Baldwin introduced an Ordinance and read caption as follows ORDINANCE NO. 05-D-14 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-PARKlNG PROHIBITED; AND PROVIDING A REPEALING CLAUSE. There were no changes reported. Council member Greenwald moved to approve final reading of Ordinance regarding no parking signs at intersection of Castle Hills Drive and Sherwin Drive. Council member WHenchik seconded the motion, which carried with the following votes: AYES: Council members Douglas, Simonson. Agee. Wilenchik and Greenwald. NAYS: None. #7 ORDINANCE: CONSIDER AND TAKE ACTION ON FIRST READING OF ORDINANCE REGARDING VEmCULAR WEIGHT LIMITS ON ROADWAYS MAINTAINED BY THE CITY OF SCHERTZ. Mayor Baldwin introduced an Ordinance and read the caption. The only change reported was the addition of 15,000 lbs (weight limit). Council member Agee moved to approve first reading of Ordinance regarding vehicular weight limits on roadways maintained by the City of Schertz. Council member Greenwald seconded the motion. which carried with the following votes: AYES: Council members Douglas, Simonson, Agee, Wllenchik and Greenwald. NAYS: None. :u:; #8 ORDINANCE: CONSIDER AND TAKE ACTION ON FIRST READING OF ORDINANCE REGARDING THE AUTHORIZATION TO INSTALL SPEED HUMPS ON CITY STREETS. Mayor Baldwin introduced an Ordinance and read the caption. There were on changes reported. Council member Douglas moved to approve the first reading of Ordinance regarding the authorization to install speed humps on City streets. Council member Wilenchik seconded the motion, which carried with the following votes: AYES: Council members Douglas, Simonson, Agee, Wilenchik and Greenwald. NAYS: None. #9 RESOLUTION: CONSIDER AND TAKE ACTION ON RESOLUTION ADOPTING A NEW CITY SEAL. Dudley Wait. Acting Interim City Manager explained there is a setback in transaction with proposed vendor regarding City seaL Proposed vendor initially produced the seal, however in preliminary use found that seal would cut through documents. Seal was taken back to vendor for adjustment and on its return; seal had been modified (changes are unacceptable). Vendor has indicated seal modification eliminates cutting through documents and reconunends the modifications. Because of this development, there is a search for new vendor. If Council desires it may approve the new City seal sight unseen or table the issue until such time that seal can be produced for review, Council member Agee moved to table action on Resolution adopting new City Seal, until such time that seal can be produced. Council member Simonson seconded the motio~ which carried with the following votes: AYES: Councilmembers Douglas. Simonson, Agee. Wilenchik and Greenwald. NAYS: None. #10 CONSIDER AND TAKE ACTION ADOPTING A NEW CITY LOGO. A brief discussion followed on several logo designs introduced to Council for review. On review of these logos Council selected one of the designs. which displays two (2) jets, indicating the alignment ofllI-35 and IH-lO. and each jet displays the number 35 and 10. The logo design with the spelling of "Schertz" indicates a tail effect on the letter uZ". Council member Simonson moved to approve adopting a new city logo-the design indicating the tail on the letter "z" and two jets with the number 35 and 10. Council member WiIenchik seconded the motion) which carried with the following votes: AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald. NAYS: None. 2.llf e e e e e e #11 CONSIDER AND TAKE ACTION CALLING A PUBLIC HEARING FOR MAY 3, 2005 ON A REQUEST FROM JMLG HOLDINGS, LTD. TO REZONE 61.295+ ACRES FROM PREDEVELOPMENT (PD)~ GENERAL BUSINESS (GB), AND MULTI-FAMILY RESIDENTAIL (R-4) TO SINGLE-FAMILY RESIDENTIAL (R-7). There was a brief explanation on the rezoning request and location of the proposed residential development It was pointed out that Planning and Zoning would be conducting their public hearing on April 26. 2005, and that statl:' is r~commending that Council set their public hearing on Tuesday, May 3, 2005. Council member Wilenchik stated he would like to see a map of the proposed development and any other infonnation prior to the public hearing. He was advised that documentation would be introduced at the workshop session prior the public hearing. Without further discussion, Council member Agee moved to set public hearing for May 3, 2005 on a request from JMLG Holdings, Ltd. to rezone 61.295+ acres from Predevelopment (PD), General Business (GB) and Multi-Family Residential (R-4) to Single-Family Residential (R-7). Council member Greenwald seconded the motion, which carried with the following votes: AYES: Councilmembers Douglas, Simonson. Agee, Wilenchik and Greenwald. NAYS: None. #12 DISCUSSION AND POSSIDLE ACTION ON MID~ YEAR BUGET. Juan Santoya, Finance Director infonued Council of changes. which are as follows: . $45,000 moved to Misc. Income -Police Department + $2,000 added for overtime--Planning & Zoning Department. . For clarification purpose added "EMS Contract" to Medical Services. . Rename Misc. Assistance, to Children's Advocacy Assistance. . $40.000 expenses to Emergency Services Day Event and $40,000 as revenue to balance out (20,000 from Foundation and $20,000 for sale of tickets for motorcycle, etc. Without further discussion, Council member Agee moved to approve the mid-year budget, but added she "believes clarification is necessary regarding the full-time employee change with full-time benefits (parHime Records Management Clerk), clarifYing the change is to the position (Records Management Position) not the person- clarifYing it's a records management clerk position and not tied to a specific personl'. Mayor Baldwin stated that the position was approved at a previous meeting. Council member Agee stated that the approval was given to allow moving the position (part time to a full time position. Mayor Baldwin agreed. Council member Greenwald seconded the motion, which carried with following votes: AYES: Councilmembers Douglas. Simonson, Agee, Wilenchik and Greenwald. NAYS: None.N , .\. 1 2./~- #13 Items by Acting Intel'im City Manager General Announcement e + Reported the Bierschwale Family is very appreciative for the City's support on the recent death of family member (Jotm's father-in-law), Mr. Hracha. The funeral was today, granddaughter left late this .aftemoon, so 101m is home resting. Not sure whether he will be in this week or not. + Reminded everyone that Friday at 1 :00 pm, Representative Cuellar would be at City Hall. Mayor Baldwin reported receiving call from Representative Cuellar office-of time change to 4;30 pm. + Temporal)' quarters have been (60-foot construction trailer called a bunkhouse) acquired for Friday at the New Emergency Service Building on IH-35. The current conditions (30 foot trailer) were a bit cramp. He further stated that the new area has received some calls and everything appears to be going well. In a couple of months the Fire Department will also be stationed out there, however for the time being only EMS is stationed. + City Health Inspector started church inspections this month and would be reporting on the outcome next month. + Reported that the City was notified that the efforts to resolve the lawsuit with SAFES Organization has been effective- have agreed to settlement terms. It won't be official until it goes before the Judge and everyone involved has signed off. A report will come forward to Council once everything is finalized. #14 Items by Council General Announcements e Council member Douglas Liaison EDC Liaison-Schertz Library Board . Advised Saturday was opening day for BVY A. It was a fantastic opening day; BVYA received a $25,000 gift from HEB along with $5,000 gift from Block Distributing. + Mentioned he forgot to attend the Library Board meeting last evening. + Reported receiving the Town & City Magazine and again The City of Schertz has been left out of the magazine. All surrounding cities have been featured. He believes there should be an eff'olt to have the City of Schertz included. Apparently. a survey has to be completed and submitted, which hasn~t happened. The responsible party is the City Manager, and apparently it hasn't been done. Let's make an effort to include the City in 2006 edition. Council member Simonson 4-B Board Liaison BVY A e . Made no comments. 'J../ I, e Mayor Pro-tern Agee 4-B Board Liaison Schel1z Housing Authority Liaison Guadalupe Children's Advocacy Center . Mentioned having attended the Guadalupe Children's Advocacy Center meeting last evening and reported the numbers are growing~ in the month of March; 21 children were serviced, in respect to moderate and severe sexual abuse. She also, mentioned that April is sexual prevention month. For the month of April, five chHdren have been interviewed and seven more were scheduled. The center is working and seeking funding on a handout pamphlet that would be introduced to Guadalupe school counselor's explaining procedures on handling and reporting child abuse. The Center's advocacy (Millie Watson) is in Schertz one day a week servicing children of the area, and mentioned that the Center is losing the adult advocacy person. e Council member Wilenchik 4-B Board Liaison Schertz Htmlane Society Liaison HOA Coalition Ex~officio- TSAC Investment Advisor + Thanked Chief Friesenhahn for working through issues regarding the Fire Ordinance. He also acknowledged and thanked Brad Gildea for all the work put into the City SeaVCity Logo. + Reported attending the Savannah Square HOA meeting lasting evening, those in attendance were Mr. Parish, and Dudley Wait. Items of interest with many of the HOA's will be busing policy. sidewalk issues, and two- mile limitation, etc. Council member Greenwald 4-B Board Ex~officio P & Z Commission Ex-officio SSLG Corp. + Repor[ed approximately ~ dozen lights are still out alone'. SGhertz Parkway. . BVY A turn out was great. #t5 Items by Mayo}' General Announcements e + Reported that he spoke to DOlUla Dykes, Human Resources Director and was informed the City is in receipt of four applicants for the City Manager position. He asked that applicants be placed on next workshop session for reView. : 1. . "11 #16 EXECUTIVE SESSION: Called under Chapter 551 Texas Govenunent Code, Sub~section 551.074, PersOlU1el Matters: Appointment, employment, evaluation, reassignment, duties or dismissal of the City Manager. e Mayor Baldwin stated no Executive Session would be necessaty. #17 Action, if any, on the above Executive Session. Given that no session was held, no action was necessary. #18 ADJOURNMENT There being no further business, Mayor Baldwin adjourned he meeting a 7: 50 p.m. ({l~~ Mayor, City of Schertz, Texas ATTEST: e [SEAL] e '2.18