CITY OF CASTLE HILLS REGULAR CITY COUNCIL MEETING MINUTES OF MAY 8, 2012

Transcription

1 CITY OF CASTLE HILLS REGULAR CITY COUNCIL MEETING MINUTES OF MAY 8, 2012 The City Council of the City of Castle Hills convened at 6:30 p.m. on the 8 th day of May, 2012, in the City Council Chambers at 209 Lemonwood Drive, Castle Hills, Texas. The attendance roster included Bill Martin, Sandie Martin, Luis Jimenez, Betty Howard, LaVerne Japhet, Jim Gaines, Bill Schluter, Susan Guerra, Mike Poole, Robin Reed, Pamala Farris, John Strieb, Dorothy Sims, Thomas King, Perry Goodfriend, Jacques Villere, Suzanne, Riley, Robert Riley, Marianne Huizar, David Givler, Bill Cannon, Debbie Ashton, Ashley Robinson, Linda Robinson, Robert Peffers, Terry Daniel, Alberto Molinar, Brother William Dooling, Christine Catalani, Michael Catalani, John Huff, Vera Howard, J.C. Escareno, Luci Escareno, Maricela Escareno, Maricruz Escareno, William Beuhler, Charles Matthys, Terry Carter, and Jason Brayden Staff present was City Manager Michael Steele, Assistant City Manager Rita Hoyl, Court Administrator Wendy Reyes, City Attorney Michael Brenan, Police Captain Wayne Davis, Fire Chief Jerry Riedel, Public Works Director Rick Harada, Police Sgt. Steve Hart, Dispatch Supervisor Christina Randolph and Dispatcher Celeste Maldonado. I. OPENING A. QUORUM Present and composing a quorum of the council were Mayor Bruce Smiley-Kaliff, Marcella Huff, Douglas Gregory, Tom Davis, Steve McGuire, and Tim Howell. B. INVOCATION The invocation was given by Bill Martin. C. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Reagan Scharp. II. ANNOUNCEMENTS & PRESENTATIONS A. A symbolic interpretation of God Bless America was performed by Zeke Ledezma III and Jonathan Falcon from Karate Kids of America. Mayor Smiley-Kaliff then presented proclamations to the winners of the 2012 Karate Kids of America Just Say NO! letter writing contest. Also honored by proclamation was Eli Guerra, founder of the Karate Kids of America and a resident of Castle Hills. Mr. Guerra was named Honorary Staff Member to the Mayor. B. The mayor presented a proclamation to the Castle Hills Emergency Dispatch Center in recognition of the perfect score received on their most recent inspection. He declared May 8, 2012, to be Dispatcher s Appreciation Day. Receiving the proclamation were Dispatch Supervisor Christina Randolph and Dispatcher Celeste Maldonado. C. The mayor announced a special city council meeting scheduled for May 22 nd, 2012, at 1

2 6:30 p.m. for the purpose of canvassing the votes of the May 12 th General Election. D. Council discussed possible dates for a future Town Hall meeting. It was agreed that the Town Hall meeting would be held on July 19, 2012, at 6:30 p.m. regarding the City s continued participation in the VIA metropolitan transportation authority. E. Audrey Poole, Chair of the Civic Participation Committee, presented her interim report to Council. The current status of their four main goals are as follows: Master Plan for the Commons area the conceptual phase is underway, where ideas are being developed for the direction that the Committee should move. The update of the City s website F. City Engineer David Givler presented his report on the status of the city s pending, major road improvement projects. He announced preliminary plans to address problems on each of the four streets previously identified in the project: Gardenview, Northcrest, Roundup and Atwater. He explained that the streets would receive varying combinations of mill and overlay work, full depth reconstruction, curb replacements and a series of drainage improvements on Atwater. He advised that City Public Service and San Antonio Water System have both indicated their intention to coordinate their own infrastructure improvements throughout the project. G. Police Captain Wayne Davis presented his report to Council regarding the types of dispatch services and contracts currently in place throughout Bexar County. He reported that half of the cities surveyed maintained their own dispatch service, while the other half had some type of contractual agreement with another agency. He said that cities paid as much as $128,640 annually for those contractual services. The captain explained that a few cities were still under contract with Bexar County to receive free dispatch services, but the county was phasing out that type of arrangement. H. Since the City Secretary was unable to attend the meeting, the Mayor announced that there would be no report given regarding the status of each Council members current compliance with the Texas Government Code Section , Open Meetings Training. He also thanked Council members who had already taken necessary action. Council member Huff announced that she fully supported Council member Davis well stated and well written article in the Castle Hills Reporter. Council member McGuire thanked the citizens for attending, and encouraged them to keep an open mind and actively participate in the current discussions regarding city services. He also pointed out that the city s goal needs to be procuring the best value in the services provided, and that best value did not always mean outsourcing services or adopting the least expensive methods. Council member Davis reminded everyone that we are entering the preliminary budget season and that Council needs input from citizens to make the process work. He said that Council members are glad to take citizens ideas to the Budget Workshops for consideration. 2

3 Council member Howell thanked the Castle Hills Police Department and Captain Davis for the increased patrols, pointing out that patrol cars had Northwest Military Highway lit up like a Christmas tree on a recent Saturday night. Mayor Smiley-Kaliff thanked all of the participants in the recent Fiesta events. He added that there would be an added component to this year s budget process, and he encouraged people to consider their pie in the sky wishes for the city. Such items would not normally appear on the regular budget, but could be included as part of a Capital Improvements plan and be addressed if the City receives any unexpected income. III. CITIZENS TO BE HEARD Robin Reed of 401 Gladiola expressed her concern that the traffic counter devices had been removed from Gladiola and asked that they be returned so that adequate counts could be made. Al Molinar of 101 Sir Arthur Ct. said he enjoyed the new format of the Castle Hills Reporter. He went on to say that he wanted the appropriate staff to look into a graffiti problem near Squires Row, and expressed concern regarding the change in speed limit when travelling southbound on NW Military at 35 MPH and entering the Loop 410 access road at 40 MPH. Robert Peffers of 303 Squire s Row, speaking on behalf of himself, Judge Martha Tanner and Joe Dunwoody, congratulated the Castle Hills Police Department in the recent arrest made in a series of burglary cases. He presented Captain Davis with Starbuck s gift certificates to distribute to the department. Jim Gaines of 503 Antler asked the Council to keep in mind the various surface and drainage problems on Antler when next discussing street improvements. IV. OLD BUSINESS- This item was removed at the request of Council member Gregory. V. NEW BUSINESS A. CONSENT AGENDA 1. Consideration of the minutes of the city council meeting held April 10, Consideration of the Treasurer s Report for the month of April, Consideration of a Resolution adopting an Investment Policy. 4. Consideration of a Resolution recognizing Dispatch Staff. 5. Consideration of an ordinance amending Chapter 14, Health & Sanitation, addressing minimum utility requirements for residential structures. Council member Huff asked for clarification of item 4. The mayor explained that the item calling for the resolution was the same resolution presented to Dispatch earlier in the meeting. Council member Huff called for discussion of items 3 and 5 of the consent agenda. 3

4 City Attorney Mike Brenan reminded Council that any discussion of item 5 should only address the proposed ordinance and that no specific property should be used in their considerations. In response to questions, the mayor removed Item 3 from the consent agenda so that the investment policy could be updated before consideration by Council. Councilman McGuire expressed concern that the Basic Utilities ordinance in item 5 could create unwanted implications for residents, who operate septic systems that don't comply with the county s requirements; and encouraged the city to narrowly and precisely define the circumstances of enforcement. Councilman Gregory questioned whether the proposed ordinance provided for the removal of a person living in a home without the required basic utilities. Mr. Brenan advised that the proposed ordinance only provided for citing such an individual through the Municipal Court process but that it could be amended to include the possibility of injunctive relief measures. Motion: Councilman Davis moved to approve the consent agenda, with the removal of item 3 and the amendment of item 5 to include the possibility of injunctive relief. The motion was seconded by Councilman Gregory. The motion passed unanimously. B. PUBLIC HEARING ON AN APPEAL FROM LINDA ROBINSON TO PREVENT THE CITY FROM REMOVING JUNK VEHICLES FROM THE PROPERTY AT 204 TAMWORTH. The Mayor opened the Public Hearing at 7:55 pm. Linda Robinson explained that the two vehicles in question were being defined as junk vehicles under the City Ordinance Section 26: Abatement and Removal of Junked Vehicles using the definition found in Section of Texas Transportation Code. However, she directed Council s attention to the exception listed in Ordinance , which states Junked Vehicle does not include a vehicle or vehicle part described in Section of the Texas Transportation Code. She claimed that the vehicles in question are antique vehicles, owned by a collector, screened from public view, and exempt from the City s Junked Vehicles ordinances. She further argued the Public Nuisance finding does not apply, since neither of the vehicles is visible from a public place or public right-of-way. Ms. Robinson expressed her belief that continued enforcement would not be the most practical use of the City s resources, since her daughter already plans to donate the vehicles to a wildlife sanctuary once the title issues are resolved. Mr. Brenan announced that he was not prepared to rebut Ms. Robinson s arguments, since it was his understanding that she planned to request time to comply, not argue the City s findings. At the request of the city attorney, Mayor Smiley-Kaliff closed the public hearing with the intention of reopening the hearing at the next regularly scheduled council meeting. No action was taken. C. PUBLIC HEARING ON A REQUEST BY ANN MARIE EDGERTON FOR A SPECIAL USE PERMIT TO UTILIZE THE ANCILLARY BUILDING AT 1900 NW 4

5 MILITARY HWY. AFTER THE PUBLIC HEARING AND CONSIDERATION BY CITY COUNCIL OF THE RECOMMENDATIONS OF THE ZONING COMMISSION, THE CITY COUNCIL MAY DENY OR APPROVE AN SUP FOR THE ANCILLARY BUILDING. This item was removed from the agenda for consideration at a later date. The mayor announced a brief recess at 8:10 p.m. City Council reconvened at 8:17 p.m. D. CONSIDERATION OF AN ORDINANCE THAT THE CITY SEAL OF THE CITY OF CASTLE HILLS, TEXAS SHALL BE USED ONLY FOR OFFICIAL CITY BUSINESS AND/OR BUSINESS CARDS AND THE PRACTICE OF USING "LOOK ALIKE" OR MODIFIED CITY SEALS IS PROHIBITED FROM USE BY ANY PAST, PRESENT, OR FUTURE EMPLOYEE, OFFICIAL OR GROUP. Mr. Brenan indicated that he did not have an ordinance ready and that he was going to need direction from the council if it was decided to write an ordinance. He added that, since the city is General Law A, ordinances can only be written as state law authorizes; and if Council approves an ordinance, it will take some work to get it done. Responding to a question from Councilman Howell, he explained that, if passed tonight, it will not be enforceable until an ordinance is written and adopted. Motion: Council member Gregory moved to direct the city attorney to construct an ordinance that mandates that the city seal shall only be used for official city business/or business cards, and the practice of using "look alike" or modified city seals is prohibited by any past, present, or future employee, officer, or group. Councilman Howell seconded the motion. Mayor Smiley-Kaliff said he would like to make a statement. He said Castle Hills is a General Law city and derives its authority from state law. He said that he thought it would be hard to argue that the proposed ordinance has anything to do with the health, safety, and welfare of the citizens; and therefore, if not written correctly, could be beyond the city's powers. The mayor listed some of the questions that would have to be answered before an ordinance can be created and conjectured which seal is the city's official seal, since several different designs have been used. He said that the city has never adopted a city seal; and in Castle Hills, the signatures of the city secretary and the mayor are what legally bind the city in an agreement, not the city seal. He suggested that the city could adopt a logo or design, representative of the city, and trademark and copyright it. The mayor concluded that, before the council prohibits "look alike" or modified city seals, it needs to determine which seal it is looking at. Council member Huff said that there is a seal that has been commonly used by the city, which can be a place to start. Councilman Howell expressed agreement with the mayor's idea of coming up with a city logo and trademarking it. He feels it is very important that they adopt a seal or a logo, like San Antonio and many other cities have. He wondered how the city ever got down the road for the past 54 years. 5

6 Councilman Gregory said that, since the city started in 1951, common sense dictated that a copyright was not needed for the city seal because no one thought it would ever be misused. As far as the health, safety, and welfare of the citizens is concerned, Councilman Gregory pointed out that those things are endangered when a citizen receives correspondence that appears to have what looks like an official seal of the city. He said it may cause a citizen to act to his detriment, thinking it is official city business. He stated that the same city seal has been in common use for the last ten years he has been on the council, and it is recognized by everyone who sees it. He said it is misleading when it is used on a flyer to promote something, giving the appearance of being an official city document. Councilman Davis said a bigger point is being missed. He recounted how someone copyrighted the bottle that Coca Cola used for years, and Coca Cola had to buy back its easily recognizable bottle in order to use it. He impressed on Councilman Gregory that copyrighting the seal is very important. The mayor said that the seal in question is the one he uses, and it is copyrighted by him. He confirmed that it has "Mayor" on it. He said that, if the city chooses to adopt an official city seal, that seal should be used only for city business and not used for political purposes like business cards. He said candidates can pay for their own business card and put a disclaimer on it that says it is not paid for with city funds. Then they can put anything they want on it. Motion: Council member Howell amended the main motion to task the city manager and city staff to design an official city logo and bring it back to City Council for adoption as the "Official City Logo." Councilman McGuire seconded the motion. Councilman Davis said he didn't understand why the council can't just adopt what is on the city business cards tonight as the official city seal, and then let Mr. Brenan take it from there. Mr. Steele confirmed that the staff would come back the council with a logo, and after the council's approval, Mr. Brenan would be tasked with writing the ordinance. The mayor called for a vote on the amendment to the main motion. The motion carried 3 to 2. Council members Davis and Huff cast the opposing votes. The mayor initiated dialogue concerning the use of the adopted city seal being prohibited from use by an incumbent council member for any purpose. Mr. Brenan said that he didn't think an incumbent could be prohibited from using the city logo for any purpose, including political. Council member Huff indicated that, at issue, is a distinction of the letter of the law and the spirit of the law, where a person's common sense and ethics and morals will dictate how they use the logo. Mr. Brenan said he envisions the ordinance as an ethics standard to go by, not a penal code that will send someone to Municipal Court because he put the logo on something or used a "look alike" logo on something. The mayor called for a vote on the main motion. The motion passed unanimously. 6

7 VI. ADJOURNMENT There being no further business to come before the council, Mayor Smiley-Kaliff adjourned the meeting at 8:46 p.m. These minutes were approved on the 12 th day of June, ATTEST: Linda Gill, City Secretary APPROVED: Bruce A. Smiley-Kaliff, Mayor 7