ccreg 11-04-03
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CITY COUNCIL MINUTES
REGULAR SESSION
NOVEMBER 4, 2003
The Schertz City Council convened in Regular Session on Tuesday, November 4, 2003 at 7:00
p.m. in the Municipal Complex Council Chambers, 1400 Schertz Parkway, Schertz, Texas.
Those present were Councilmembers Carl Douglas, Steve Simonson, Reginna Agee, Tony
Wilenchik and Ken Greenwald. Absent: Mayor Hal Baldwin. Others present were City
Manager Mark Marquez and City Secretary Norma Althouse.
Mayor Pro-Tem Greenwald, presiding in the absence of Mayor Baldwin, asked everyone to
rise and join him in the Pledge of Allegiance to the Flag.
#1 PROCLAMATION: Municipal Courts Week
Mayor Pro-Tem Greenwald read a Proclamation declaring the week of November 3 through 7
as Municipal Courts Week and presented it to Municipal Court Judge Stacy Padgett. Mayor
Pro-Tem Greenwald commented they are proud of the court system.
Judge Padgett then introduced Esther Mendoza, Patti Kim, Steve Pulaski, Virginia Bender and
Angela Green, all who work for her and without whom she said she couldn't get everything
. accomplished.
#2 INTRODUCTION OF NEW CITY EMPLOYEES:
Municipal Court Department
Public Works Department
Fire Department
First, Judge Stacy Padgett announced the addition of two new employees to her staff. They are
Virginia Bender and Angela Green who were previously introduced. Second, Public Works
Environmental and Water Quality Control Supervisor, Jim Hooks, introduced Palus "Mo"
Clack, a new employee in the Drainage Department. Third, Fire Chief Elroy Friesenhalm
introduced new firefighter Carl Schultz. Council welcomed all the new employees to the City
staff.
#3 HEARING OF RESIDENTS
Robert Brockman of 4505 Grand Forrest made the following comments:
· Said even thought he complains, Schertz is a good place to live.
· Thought the gator should have slow-moving vehicle signs.
. · Mentioned the grass at 1017 Schertz Parkway needs to be mowed.
. · Pointed out the "No Outlet" sign at Eli Whitney is missing.
· Questioned ifthe members of TSAC are going to take an Oath of Office. Mr. Marquez
answered he hadn't planned on it.
· Commented that since the Parkway Zone has been dissolved, they could start listing
the TSAC meetings on the sign board in front of City Hall.
· Commended the library on their new paper and magazine racks.
· Praised Tony Wilson on a job well done on the Schertz Tales.
#4 ORDINANCE: Consider and take action on final reading of Ordinance rezoning 4.0+
acres from PD to GB (Trico/Shadeports, Inc.)
Mayor Pro-Tem Greenwald introduced an Ordinance and read the caption as follows:
ORDINANCE NO. 03-S-32
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BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE
UNIFIED DEVELOPMENT CODE (UDC), ORDINANCE NO. 96-S-28, BY
REZONING 4.0+ ACRES OUT OF COMAL COUNTY FROM PREDEVELOPMENT
(PD) TO GENERAL BUSINESS (GB).
Mr. Marquez indicated there have been no changes since this was discussed at the workshop.
Mr. Simonson moved to approve the rezoning of 4.0+ acres from PD to GB (Trico/Shadeports,
Inc.). Mrs. Agee seconded the motion, which carried with the following votes:
AYES: Councilmembers Douglas, Simonson, Agee, and Wilenchik, and Mayor Pro-Tem
Greenwald.
NAYS: None.
#5 ORDINANCE: Consider and take action on final reading of Ordinance establishing the
Walko Reinvestment Zone.
Mayor Pro- Tem Greenwald introduced an Ordinance and read the caption as follows:
ORDINANCE NO. 03-T-33
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, ESTABLISHING
THE WALKO REINVESTMENT ZONE.
. Mr. Marquez verified there have been no changes since this was discussed at the workshop.
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Mrs. Agee moved to approve the final reading of an Ordinance establishing the Walko
Reinvestment Zone. Mr. Wilenchik seconded the motion, which carried with the following
votes:
AYES: Councilmembers Douglas, Simonson, Agee, and Wilenchik, and Mayor Pro-Tern
Greenwald.
NAYS: None.
#6 ORDINANCE: Consider and take action on final reading of Ordinance approving a Tax
Abatement and Tax Abatement Agreement for Walko Investments, Inc.
Mayor Pro- Tem Greenwald introduced an Ordinance and read the caption as follows:
ORDINANCE NO. 03-T-34
THE CITY OF SCHERTZ, TEXAS, APPROVING A TAX ABATEMENT AND A TAX
ABATEMENT AGREEMENT BY THE CITY COUNCIL FOR AND WITH WALKO
INVESTMENTS, INC., A PROPERTY OWNER IN THE CITY OF SCHERTZ.
Mr. Marquez stated there had been no changes since this was discussed at the workshop.
Mr. Douglas moved to approve the final reading of an Ordinance approving a Tax Abatement
and Tax Abatement Agreement for Walko Investments, Inc. Mrs. Agee seconded the motion,
which carried with the following votes:
AYES: Councilmembers Douglas, Simonson, Agee, and Wilenchik, and Mayor Pro-Tem
Greenwald.
NAYS: None.
#7 ORDINANCE: Consider and take action on final reading of Ordinance establishing
G.D. Bar Reinvestment Zone.
Mayor Pro-Tern Greenwald introduced an Ordinance and read the caption as follows:
ORDINANCE NO. 03-T-35
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, ESTABLISHING
THE G.D. BAR REINVESTMENT ZONE.
Mr. Marquez commented there have been no changes since this was discussed at the workshop.
Mr. Wilenchik moved to approve the final reading of an Ordinance establishing the G.D. Bar
Reinvestment Zone. Mr. Simonson seconded the motion, which carried with the following
votes:
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AYES: Councilmembers Douglas, Simonson, Agee and Wilenchik, and Mayor Pro-Tem
Greenwald.
NAYS: None.
#8 ORDINANCE: Consider and take action on final reading of Ordinance approving a Tax
Abatement and Tax Abatement Agreement for G.D. Bar Family Limited Partnership.
Mayor Pro-Tern Greenwald introduced an Ordinance and read the caption as follows:
ORDINANCE 03-T-36
THE CITY OF SCHERTZ, TEXAS, APPROVING A TAX ABATEMENT AND TAX
ABATEMENT AGREEMENT BY THE CITY COUNCIL, FOR AND WITH G.D. BAR
FAMILY LIMITED PARTNERSHIP, A PROPERTY OWNER IN THE CITY OF
SCHERTZ.
Mr. Marquez advised there have been no changes since this was discussed at the workshop.
Mr. Simonson moved to approve the final reading of an Ordinance approving a Tax Abatement
and Tax Abatement Agreement for G.D. Bar Family Limited Partnership. Mrs. Agee seconded
. the motion, which carried with the following votes:
AYES: Councilmembers Douglas, Simonson, Agee and Wilenchik, and Mayor Pro-Tem
Greenwald.
NAYS: None.
#9 ORDINANCE: Consider and take action on final reading of Wrecker Franchise
Ordinance.
Mayor Pro-Tern Greenwald introduced an Ordinance and read the caption as follows:
ORDINANCE NO. 03-F-37
PROVIDING THAT THE CODE OF ORDINANCES, CITY OF SCHERTZ, TEXAS,
BE AMENDED BY CREATING CHAPTER 11, WRECKERS AND TOW TRUCK
FRANCHISE FOR NON-CONSENT TOWING OF DISABLED OR WRECKED
VEHICLES; IMPOSING PROVISIONS AND CONDITIONS RELATING TO THE
EXERCISE OF SAME; AND PROVIDING FOR PENALTIES FOR VIOLATIONS
THEREOF; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT WITH THIS ORDINANCE; AND ESTABLISHING AN EFFECTIVE
DATE.
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Mr. Marquez noted they made changes at the workshop to the first paragraph saying "to have a
contract wrecker service provider in the City of Schertz, Texas". Also, the Schedule of Fees
should be removed from the Ordinance and instead be considered as an Exhibit.
Robert Brockman of 4505 Grand Forrest asked if there is a limit to the number of franchises.
Mr. Marquez replied Council would deal with that as they go along. They may be exclusive or
non-exclusive. The City will go out and advertise.
Mrs. Agee moved to approve the final reading of the Wrecker Franchise Ordinance. Mr.
Douglas seconded the motion, which carried with the following votes:
AYES: Councilmembers Douglas, Simonson, Agee and Wilenchik, and Mayor Pro-Tern
Greenwald.
NAYS: None.
#10 ORDINANCE: Consider and take action on final reading of Ordinance regarding
dissolution of Schertz Parkway Zone Board of Directors and disposition of funds.
Mayor Pro-- Tem Greenwald introduced an Ordinance and read the caption as follows:
ORDINANCE NO. 03-T-38
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, DISSOLVING THE
SCHERTZ PARKWAY ZONE BOARD OF DIRECTORS, AND PROVIDING FOR
THE DISPOSITION OF FUNDS OF THE TAX INCREMENT FINANCING FUND.
Mayor Pro- Tem Greenwald commented he hated to see the Board go, they have done their job
well. Mr. Simonson echoed those same sentiments.
Mr. Douglas moved to approve the final reading of an Ordinance regarding dissolution of the
Schertz Parkway Zone Board of Directors and disposition of funds. Mrs. Agee seconded the
motion, which carried with the following votes:
AYES: Councilmembers Douglas, Simonson, Agee and Wilenchik, and Mayor Pro-Tem
Greenwald.
NAYS: None.
#11 APPOINTMENT: Consider and take action regarding appointment to Transportation
Advisory Commission (TSAC) of the following:
Dave Allen (already serving)
Patricia A. Ramirez
Terry Wells
Lawrence J. Schuh
William J. Gignac (already serving)
Frank R. Johnson
James S. Rose
Max Hernandez
Shawn Vandenburg
Kenneth Wise
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. Mr. Marquez announced that Lawrence J. Schuh has withdrawn his name for appointment.
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Dave Allen introduced those members on the list who were present.
Mr. Douglas asked if Mr. Wise doesn't live in Cibolo and was informed by Mr. Allen he lives
in Northcliffe, which has a Cibolo mailing address.
Mr. Marquez then suggested that Mr. Wilenchik be added to the list as an ex-officio.
Mr. Wilenchik moved to appoint Dave Allen, William J. Gignac, Patricia Ramirez, Frank R.
Johnson, Terry D. Wells, James S. Rose, Max Hernandez, Shawn Vandenberg and Kenneth
Wise to the Transportation Safety Advisory Commission. Mrs. Agee seconded the motion,
which carried with the following votes:
AYES: Councilmembers Douglas, Simonson, Agee and Wilenchik, and Mayor Pro-Tem
Greenwald.
NAYS: None.
#12
Items by City Manager
General Announcements
Council Meeting Schedule
. Reported the Pill is in hiatus for a while. The next meeting is scheduled for November
14th. When they are ready, he will bring the assessments to City Council for approval.
. Noted they plan on moving the oak tree from the front of City Hall to the back of the
property and it will be replaced with a newer, larger tree for lighting at Christmas time.
Mayor Pro- Tem Greenwald jokingly told Mr. Marquez if the tree they're moving dies,
to keep his checkbook handy.
. Mentioned that as a result of the Resolution last week for annexation, City Council will
be asked to change their meeting schedule for December. The only question will be if
they wish to add a workshop session at the end of the month.
. Noted that Council received some information about a candidate for Commissioner's
Court which he thought they might find interesting.
. Mr. Wilenchik inquired when Elbel Road would be finished. John Bierschwale, Asst.
City Manger, answered it will be closed for three or four more months. Southwestern
Bell has caused a nightmare and the City will be seeking legal resources from Council
to resolve that situation. Mr. Marquez said his main concern was whether or not they
could get an extension on the FEMA contract.
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. #13 Items by Council
Councihnember Douglas
Liaison - EDC
. Thought the Business Appreciation Dinner was fantastic. The decorating committee
outdid themselves.
. Indicated he knew about the moving of the tree.
. Mentioned the Committee for the Festival of Angels has some fantastic sweatshirts
available. He thinks Amy Madison has samples for everyone to see. Mrs. Madison
showed everyone the sweatshirts and T-shirts.
Councilmember Simonson
4-B Board
Liaison - BVY A
. Stated the oak tree has been a touchy subject for years.
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. Inquired if BVY A has submitted a new contract. Mr. Marquez replied they have and
some adjustments have been suggested.
. Reported Lutrell Watts, former teacher for the SCUC lSD, is in downtown Methodist
Hospital on a dialysis machine. Prayers for him would be appreciated.
Councilmember Agee
4-B Board
Liaison - Schertz Housing Authority
Liaison - Schertz Library
. Reported attending the Library Board meeting and said there have been over 18,000
transactions, which is up 7Y2% from October of 2002.
Councilmember Wilenchik
4- B Board
Liaison - Schertz Humane Society
Liaison - HOA Coalition
. Mr. Wilenchik had nothing to report.
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Councilmember Greenwald
4-B Board
Ex-officio P&Z Commission
Ex-officio SSLG Corp.
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. . Stated he had given copies to everyone of the agenda for the Schertz/Seguin Local
Government Corporation upcoming Strategic Planning Session and everyone is
welcome to attend.
. Announced the awards ceremony for the Hometown Heroes is tomorrow night from
6:00 p.m. until 9:00 p.m.
#14 Items by Mayor
General Announcements
. There were none.
#15 ADJOURNMENT
There being no further business to discuss, Mayor Pro-Tem Greenwald adjourned the meeting
at 7:37 p.m.
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ATTEST:
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City Secretary, City of Schertz, Texas
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