ccreg 03-02-04
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CITY COUNCIL MINUTES
REGULAR SESSION
3-02-04
The Schertz City Council convened in Regular Session on Tuesday, March 2, 2004 at
7:00 p.m. in the Municipal Complex Council Chambers, 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 City Manager Mark Marquez and City Secretary Norma
Althouse.
Mayor Baldwin called the meeting to order and then asked everyone to rise and join him
in the Pledge of Allegiance to the Flag.
#1 INTRODUCTION OF NEW EMPLOYEE - Police Department
Police Chief, Steve Cantrell, introduced Richard Banduch as the newest member of the
Schertz Police Department. Mr. Banduch was welcomed aboard by Council.
#2 HEARING OF RESIDENTS
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Arnold Zwicke of 141 o Gin Road, Seguin, Texas, and also Sheriff of Guadalupe County,
noted the Schertz Police Department works with his department and he just stopped by
to say hello. .
Steve Luman of 205 Aviation, Schertz, Texas reminded everyone to get out and vote on
March 9th. He stated the citizens are happy with the way the City is working.
Robert Brockman of 4505 Grand Forrest brought up the following:
Today is Texas Independence Day.
Asked the price of the comer lot at Schertz Parkway and Elbel Road and suggested the
City should buy it. Mr. Simonson indicated the lot is 8.9 acres. Mr. Marquez said the
question is would the City want all of it. One of the inhibitors is that whoever buys it has
to finish Westchester Drive.
Bob Etnnger of 1420 Elm Creek Road, Seguin, Texas who is running for District
Attorney said it wouldn't be a governmental meeting without Bob Brockman. Mr.
Etunger introduced his wife, Jackie, and children Jamie and Candice.
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#3
APPROVAL OF MINUTES:
Regular Session
Special Workshop Session
Regular Session
Special Workshop Session
Regular Session
11-04-03
11-12-03
11-18-03
11-26-03
12-01-03
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Councilmember Douglas moved to approve the minutes listed above, as written. Mr.
Greenwald seconded the motion, which carried with the following votes:
AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald.
NAYS: None.
#4 PUBLIC HEARING: To receive citizen comments regarding establishment of
Triple R Electric Investment Zone.
Mayor Baldwin explained the procedures to be followed for the public hearing.
Mr. Marquez advised that Triple R Electric applied for a Tax Abatement, but according
to Statute, a Reinvestment Zone has to be established before a Tax Abatement can be
granted. Triple R Electric will be in Vestal Subdivision on Red Iron Road. The Tax
Abatement would be for a five-year Jleriod.
Robert Brockman of 4505 Grand Forrest said a question came up at Commissioner's
Court today as to whether or not there is a fee for a tax abatement. Mr. Marquez stated
there is no fee. Mayor Baldwin asked if there's a fee for the public hearing and Mr.
Marquez replied there is.not.
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Mr. Brockman then asked who determines the percentage oftax abatement granted. Mr.
Marquez answered there is a regular formula they use. Mr. Brockman then noted they
are glad to have this business in Schertz.
#5 ORDINANCE: Consider and take action on first reading of Ordinance regarding
establishment of Triple R Electric Reinvestment Zone.
Mayor Baldwin introduced an Ordinance and read the caption as follows:
AN ORDINANCE
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS,
ESTABLISHING THE. TRIPLE R ELECTRIC REINVESTMENT ZONE.
Mr. Greenwald moved to. approve the first reading of an Ordinance establishing a
Reinvestment Zone for Triple R Electric. Mr. Simonson seconded the motion, which
carried with the following votes: .
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AYES: Councilmembers Douglas, Simons, Agee, Wilenchik and Greenwald.
NAYS: None.
#6 ORDINANCE: Consider and take action on first reading of Ordinance authorizing
Tax Abatement and Tax Abatement Agreement for Triple R Electric.
Mayor Baldwin introduced an Ordinance and read the caption as follows:
AN ORDINANCE
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, APPROVING
A TAX ABATEMENT AND A TAX ABATEMENT AGREEMENT BY THE CITY
COUNCIL FOR AND WITH TRIPLE R ELECTRIC, INC., A PROPERTY
OWNER IN THE CITY OF SCHERTZ.
Mrs. Agee moved to approve the first reading of an Ordinance approving a Tax
Abatement and a Tax Abatement Agreement for and with Triple R Electric, Inc. Mr.
Greenwald seconded the motion, which carried with the following votes:
AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald.
. NAYS: None.
#7 ORDINANCE: Consider and take action on final reading of Ordinance regarding
selected changes to UDC.
Mayor Baldwin introduced an Ordinance and read the caption as follows:
ORDINANCE NO. 04-S-08
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING
THE UNIFIED DEVELOPMENT CODE (UDC) ORDINANCE NO. 96-S-28 BY
REVISING ARTICLE 1, GENERAL PROVISIONS, ARTICLE III, ZONING
DISTRICTS AND MAP, ARTICLE IV, PERMISSffiLE USES, ARTICLE VI,
DENSITY AND DIMENSIONAL REQUIREMENTS, AND ARTICLE XI,
PLATTING; AND PROVIDING A REPEALING CLAUSE.
Mr. Marquez stated there had been no changes to this Ordinance since the first reading.
Mr. Greenwald moved to approve the final reading of an Ordinance regarding selected
changes to the UDC. Mrs. Agee seconded the motion, which carried with the following
votes:
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AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald.
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NAYS: None.
#8 ORDINANCE: Consider and take action on first reading of CPS Franchise
Ordinance.
Mayor Baldwin introduced an Ordinance and read the caption as follows:
AN ORDINANCE
GRANTING AN ELECTRIC AND GAS FRANCHISE TO CITY PUBLIC
SERVICE.
Mr. Marquez mentioned this Ordinance has been negotiated for several months. The
second reading can't take place for at least 30 days. In the meantime it has to be
published.
Mr. Marquez went on to say the issue is not CPS, but the contractor they use. They have
increased the fee from 2% to 3%. A 1% fee is being provided should the City choose to
put CPS lines underground.
Mr. Douglas moved to approve the first reading of a CPS Franchise Ordinance. Mr. .
Simonson seconded the motion, which carried with the following votes:
AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald.
NAYS: None.
#9 Consider and tke action setting public hearing date of March 16, 2004 on request
from Entex Construction Company to rezone 5.9+ acres from Predevelopment (PD) to
Residential District (R-6).
Mr. Marquez noted these are tracts in the Northcliffe area and Planning and Zoning is in
favor of the request.
Mr. Simonson moved to set a public hearing date of March 16, 2004 on a request from
Entex Construction Company to rezone 5.9+ acres from Predevelopment (PD) to
Residential District (R-6). Mr. Greenwald seconded the motion, which carried with the
following votes:
AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald.
NAYS: None.
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#10 Items by City Manger
General Announcements
. Related the progress edition will be in an upcoming Herald Newspaper.
. Advised the Youth in Christ have asked for use of the Community Center once a
month for dances. He would like to put it on the agenda for discnssion next week.
. Reminded Council they have in their packets a copy of the proposal to Guadalupe
Connty for EMS services. Mr. Wait did a superb job. He doesn't know how the
Commissioners Court will approach it. We can't sacrifice services for the sake of
a few dollars.
. . Mentioned they found asbestos on the Church property and the estimate to
remove it is $50,000. The feasibility study is completed and we can convert the
Church to what we want. At the next meeting he will present plans for the cost of
remodeling the Church Community Center. This purchase of the Church is an out
of cycle purchase, but the time is right.
. Commented he has been struggling with the way to do the ordinance review. It
may be best to wait and see what the Code of Ordinances looks like.
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#11 Items by Council
General Announcements
Councilmember Douglas
Liaison - EDC
Liaison - Schertz Library Board
Mr. Douglas had nothing to report.
Councilmember Simonson
4-B Board
Liaison - BVY A
Mr. Simonson had nothing to report.
Councilmember Agee
4-B Board
Liaison - Schertz Housing Authority
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. Reported attending a meeting of the Guadalupe County Children's Advocacy
Agency and they still need volunteers. They need volunteers for the Sexual
Response Team and they need general volunteers .They have eleven right now.
They do training once a month and they are seeking donations.
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Councilmember Wilenchik
4-B Board
Liaison - Schertz Humane Society
Liaison - HOA Coalition
Ex-officio - TSAC
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. Inquired if an organization gets a donation, is it included in the General Fund or
can a particular department use it. Mr. Marquez answered monies have to go
back to the General Fund. They will bring it up at the mid-year budget
discussion. Mr Marquez went on to say in the case of the fire truck sale, he is
going to recommend the funds stay with the Fire Department. Mayor Baldwin
said there used to be a revenue line item for sale of excess equipment. Mr.
Marquez indicated he doesn't think they have one any more. It can be created at
mid-year, if necessary.
Councilmember Greenwald
4-B Board
Ex-officio - P&Z Commission
Ex-officio - S/SLG Corporation
. Mentioned it looks like Theis is expanding. M.r Marquez commented they have
seen the moving of dirt, but no plans for expansion.
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. Related the Schertz/Seguin Local Government Corporation met last Thursday.
They put a splash box in Wells 7 and 8 and got a pump permit for both wells.
They also set aside $425,000 for contemplated litigation. Mr. Marquez stressed
they have a positive fund balance in every fund. Linda Duncan has purchased
small animals in the hopes of them going to a 4-H project. It is getting good
publicity.
#12 Items by Mayor
General Announcements
Commented he saw an article in the paper about McKenna Hospital in New Braunfels
having trouble testing rape victims. Can the hospital in Seguin do that? Chief Cantrell
replied yes it can. Mr. Wilenchik inquired if the rape case is in Comal County, where
does it go. Chief Cantrell replied to Guadalupe County.
#13 ADJOURNMENT
There being no further business to discuss, Mayor Baldwin adjourned the meeting at
7:45 p.m.
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ATTEST:
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City Secretary, City of Schertz, Texas
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Mayor, City of Schertz, Texas
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