ccreg 06-01-04
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CITY COUNCIL MINUTES
REGULAR SESSION
JUNE 1, 2004
The Schertz City Council convened in Regular Session on Tuesday, June 1, 2004 at 7:00
p.m. in the Municipal Complex Council Chambers, 1400 Schertz Parkway, Schertz,
Texas. Those present were Mayor Hal Baldwin, presiding; Councilmembers Carl
Douglas, Steve Simonson. Reginna Agee, Tony Wilenchik and Ken Greenwald. Those
mel11bers of staff 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 PRESENTATIONS:
a. American Cancer Society
b. New Employee - Fire Department
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Carrie Waterman from the American Cancer Society presented a trophy to the City of
Schertz for being the top money raiser in the Relay for Life held at Pickrell Park in May.
The trophy was presented to Asst. City Manager, John Bierschwale. This was the third
year for the event and the City raised over $40,000 (the goal was $30,000). Last year the
City raised $15,000.
The new employee in the Fire Department could not be present, however, Mr. Marquez
recognized Steve Starr as the acting/interim Police Chief.
#2 BEARING OF RESIDENTS
Dudley R. Pitt 3521 Columbia Drive said he is a new resident andhas had some sewer
line problems. The main is in the road and he had tree roots in the line and took care of
that, but he still has breakage. He has been working with Eber Busch and had requested
something in writing to know exactly what he is responsible for repairing. He needs
. feedback and if appropriate, will fix the problem. He has not received a letter or a FAX.
Mr. Marquez gave the gentleman his phone number and extension and asked him to call
tomorrow morning. Mayor Baldwin expressed the hope they can get the problem solved.
Robert Brockman of 4505 Grand Forrest mentioned the following:
Where the old Blake's Restaurant used to be, the weeds are high.
Several City vehicles need to be washed.
#3
APPROVAL OF MINUTES:
Regular Session
Special Workshop Session
Regular Session
02-17-04
02-25-04
03-02-04
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Mr. Douglas moved to approve the minutes for the dates listed above. Mr. Simonson .
seconded the motion. which carried with the following votes:
AYES: Councihnembers Douglas, Simonson. Agee, Wilenchik and Greenwald.
NAYS: None.
#4 ORDINANCE: Consider and take action on Ordinance authorizing the issuance of
"City of Schertz, Texas combination tax and limited pledge revtlllue certificates of
obligation series 2004"; providing for the payment of said eertifioates by the levy of an
ad valorem tax upon all taxable property within the City and further securing said
certificates by a lien on and pledge of the pledged revenues of the system; providing the
terms and conditions of said certificates and resGlving further matters incident and
relating to the issuance, payment, security, sale and delivery of said certificates, including
the approval and distribution of an official statement; authorizing the exception of a
paying agent/registrar agretmlent and a purchase contract; complying with the
requirements of the letter of representations with the depository trust company; and
providing an effective date.
Mayor Baldwin introduced an Ordinance and read the caption as follows:
ORDINANCE NO. 04~B-19
AN ORDINANCE AUTHORIZING THE ISSUANCE OF "CITY OF SCHERTZ,
TEXAS COMBINATION TAX AND LIMITED PLEDGE REVENUE
CERTIFICATES OF OBLIGATION SERIES 2004"; PROVIDING FOR THE
PAYMENT OF SAID CERTIFICATE BY THE LEVY OF AN AD VALOREM
TAX UPON ALL TAXABLE PROPERTY WITHIN THE CITY AND FURTHER
SECURING SAID CERTIFICATES BY A LIEN ON AND PLEDGE OF THE
PLEDGED REVENUES OF THE SYSTEM; PROVIDING THE TERMS AND
CONDITIONS OF SAID CERTIFICATES AND RESOLVING OTHER
MATTERS INCIDENT AND RELATING TO THE ISSUANCE, PAYMENT,
SECURITY, SALE AND DELIVERY OF SAID CERTIFICATES, INCLUDING
THE APPROVAL AND DISTRIBUTION OF AN OFFICIAL STATEMENT;
AUTHORIZING THE EXECUTION OF A PAYING AGENTIREGISTRAR
AGREEMENT AND A PURCHASE CONTRACT; COMPLYING WITH THE
REQUIREMENTS OF THE LETTER OF REPRESENTATIONS. WITH THE
DEPOSITORY TRUST COMPANY AND PROVIDING AN EFFECTIVE DATE.
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Mark McLiney of Southwest Securities was present and reminded Council he reviewed a
competitive sale versus a negotiated sale with them about a month ago. Schertz did get
an A+ rating and that has been continued. An AA rating in the next couple of years is
likely.
Mr. McLiney went on to say they've eliminated risk. The Bond Debt Service and the .
Bot:ld Pricing were briefly reviewed. Mr. McLiney then said the bonds were sold until
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11 :30 a.m~ today. The mar~et opened up off 3/4 of a point. All in all things went very
well and he was pleased with the end results.
Mr. McLiney reminded Council the State Law supersedes the City Charter and this
Ordinance can be passed on one reading. Mayor Baldwin thanked Mr. McLiney for all
his hard work and told him his mentor, Tom Anderlitch, would be proud of him. Mr.
McLiney acknowledged his appreciation of the Mayor's rel11ll1'ks.
Mr. Greenwald reviewed some of the things the money would be used for Sll&h as the
purchase of the Church property, the renovation of the Church property, renovation of
City Hall, renovation of the Community Center, drainage projects and a sports complex.
Mr. Marquez added there is an exciting series of projects for whieh the money will be
used. Mr. Greenwald indicated it is the kids that will benefit.
Mr. Greenwald moved to approve the Ordinance. authorizing the issuance of City of
Schertz, Texas Combination Sales Tax and Limited Pledge Revenue Certificates of
Obligation. Series 2004 as read by the Mayor in the caption at the beginning of
discussion on this item. Mr. Wilenchik seconded the motion, which carried with the
following votes:
AYES: Councilmembers Douglas, Simonson. Agee, Wilen&hik and Greenwald.
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NAYS: None.
#5 Consider and take action on the following items regarding 4th of July Jubilee:
a. Park curfew variance
b. Alcohol Consumption Resolution
c. Contract
Mr. Greenwald moved to approve (a) the request from the Schertz Business Assodation
for a variance that would extend the closing time of Pickrell Park fr1}m 11:00 p.m. until
midnight from July 1st through July 4th, 2004, (b) to approve the Alcohol Consumption
Resolution be put in place for the 3rd and 4th of July, 2004; and (c) to approve the
contract between the City of Schertz and the Schertz Business Association. Mrs. Agee
seconded the motion, which carried with the following votes:
AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald.
NAYS: None.
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#6 PUBLIC HEARING: To receive citizen comments on the rezoning of 672.62
acres from Residential/Agricultural (RIA) to Manufacturing District - Light (M-I) and
20.91 acres from Residential/Agricultural (RIA) to General Business (GB) along 1-10.
Applicant: City of Schertz
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Mayor Baldwin explained theproced\lres to be followed for the public hearing. First the
Staffwill comment, then the public and then Council.
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Mr. Marquez commented the genesis of the idea began when they were looking to
expand the indnstrial/business base in the City similar to Tri-County Industrial Park.
Zoning does not change exempti01l$ and Uses do not change exemptions.
Mr. Marquez related that 22 letters were sent to property owners within the legally
required distance and none responded.
Robert Brockman of 4505 Grand,Forrest mentioned that an M-l zoning would be open to
Sexually-Oriented SiJsinesses. Mr. Marquez explained the M-l zoning would be 1,000'
from residential. They cannot prevent a request from someone wanting to open a
Sexually-Oriented Business, but there will be a buffer. The buffer would be for
residences, churches and schools. .
Ed Willeke (property owner 011 Qravtownl rel11arked that most of thecollcerns at the
Planning and Zoning meeting were about Sexually-Oriented Businesses and about sigu
heights. Can we force businesses to back off Graytown?
Mr. Greenwald pointed out there would be an additional change of 500' of General
Business elong Graytown. Mr. Wilellchik said that's the west side. What about the east
side? Mayor Baldwin explained the east side is Residential! Agricultural.
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Janct Bamett(address unknown) questioned the change to GB and then asked what APZ
means. Mr. Greenwald answered the General Business (GB) zoning would provide a
, buffer and the APZ is a Randolph Air Force Base Flight Zone. Mayor Baldwin didn't
think anyone would want to locate a Sexually-Oriented BUsiness there.
Robert Brockman (address given above) asked how many Sexually"Oriented Businesses
are located in Schertz. Mr. Marquez replied there is one located off IH-35. Interim
Police Chief Steve Starr informed Mr. Marquez that business had been closed.
Mr. Brockman then asked if the acreage in the Ordinance would change before the final
reading and Mr. Greenwald replied yes, if Council accepts Planning and Zoning's
recommendation.
Mayor Baldwin closed the public hearing at this time.
#7 ORDINANCE; Consider and take action on first reading of Ordinance rezoning
693.53 acres from Residential!Agricultural (RIA) to 20.91 acres General Business (GB)
and 672.62 acres Manufacturing District- Light (M-I).
Mayor Baldwin introduced an Ordinance and read the caption as follows:
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AN ORDINANCE
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING
THE UNIFIED DEVELOPMENT CODE (UDC) ORDINANCE NO. 96-8-28 BY
REZONING 693.53 ACRES OUT OF BEXAR COUNTY FROM
RESIDENTIAL/AGRICULTURAL (RIA) TO 20.91 ACRES GENERAL
BUSINESS (GB) AND 672.62 ACRES MANUFACTURING DISTRICT - LIGHT
(M-l).
Mayor Baldwin commented the changes would be made to the second reading of the
Ordinance (55.27 acres would be subtracted from the proposed M-l zoning and added to
the proposed GB zoning).
Mr. Douglas mqved to approve the first reading of an Ordinance rezoning 693.53 acres
from Residential/Agricultural (RIA) to 20.91 acres General Business (GB) and 672.62
acres Manufacturing District - Light (M-l). Steve Simonson seconded the motion. which
carried with the following votes:
AYES: Councihnembers Douglas, Simonson, Agee, Wilenchik and Greenwald.
NAYS: None.
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Mayor Baldwin recommended they now move to the Conference Room for an Executive
Session. At this time Council took a short break before doing so. .
#14 EXECUTIVE SESSION: Called under Chapter 551 Texas Govermnent Code,
Sub-Section 551.071 Consultation with Attorney: Pending or contemplated litigation.
An Executive Session was held from 8:01 p.m. until 8:35 p.m.
Following the Executive Session. Council moved back to the Council Chambers.
#15 Action, if any, on above Executive Session.
No action was required.
. #8 ORDINANCE: Consider and take action on final reading of Ordinance rezoning
39.737 acres from Predevelopment (PD) to Residential/Agricultural (RIA). . (Tim Tabbert
and Buford Purser property)
Mayor Baldwin introduced an Ordinance and read the caption as follows:
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ORDINANCE NO. 04-S-13
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING
THE UNIFIED DEVELOPMENT CODE (UDC) ORDINANCE NO. 96-S.28 BY
REZONING 39.737 ACRES OUT OF GUADALUPE COUNTY FROM
PREDEVELOPMENT (PD)TO RESIDENTIAL/AGRICULTURAL (RIA).
Mr. Marquez advised there have been no changes since the first reading of this
Ordinance.
Mrs. Agee moved to approve the final reading of an Ordinance rezoning 39.737 acres
from Predevelopment (PD) to Residential/Agricultural {RIA). Mr. Simonson seconded
the motion, which carried with the following votes:
AYES: Councilmembers Douglas, Simonson, Agee, Wilenehik and Greenwald.
NAYS: None.
#9 ORDINANCE: Consider and take action on first reading of an Ordinance
regarding a Tax Abatement Agreement for and with L.O. Apartments, LTD (formerly
Legacy Oaks Apartments).
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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 FOR AND
WITH L.O. APARTMENTS, LTD., A PROPERTY OWNER IN THE CITY OF
SCHERTZ; AND REPEALING ORDINANCE NO. 02-T-19.
Mr. Marquez pointed out they are repealing the old Ordinance and changing the effective
date.
Mr. Greenwald moved to approve the first reading of an Ordinance approving a Tax
Abatement and a Tax Abatement Agreement for and with L.O. Apartments Ltd., a
property owner in the City of Schertz and repealing Ordinance no. 02-T-19. Mrs. Agee
seconded the motion. which carried with the following votes:
AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald.
NAYS: None.
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##10 Consider and take action on Memorandum ofUnderstllnding on Automatic Aid.
Mr. Marquez reported the City Attorney has looked at it and feels there could be more
cost added in the future, but is willing to move ahead. It could be more effective, but
approval is recommended.
Mr. Simonson moved to approve the Memorandum of Understanding on Automatic Aid.
Mr. Douglas seconded the motion. which carried, with the following votes:
AYES: Councilmel11bers Douglas, Simonson. Age, Wilenchik and Gretlllwald.
NAYS: None.
#11 Items by City Manager
General Announcements
· Advised we have received our bond rating.
· Coinmented on great work by Heather Barker of Animal Control.
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· Mentioned he received a call from Representative Kuempel about a meeting with
him on some issues we have wanted to speak with him about. They will meet
with him on either the 9th or 10th of June and then get back with Council on the
results.
· Reported there is nothing in the State Statute that allows for the recall of the
County Judge.
· Noted he will be on vacation from June 18th through the 23rd.
· Mr. Bierschwale reminded everyone of EMS Day at the park on June 5th.
#12 Items by Council
General Announcements
Councilmember Douglas
Liaison - EDC
Liaison - Schertz Library Board
. Mentioned he will be out of town from tomorrow until Saturday afternoon.
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· Commented he would like to see the subject of the 10' wall in the Park at
Woodland Oaks baskctball area on the next workshop agenda, He's not sure we
need to spend the money. Mr. Greenwald thought we were going to do the wall
in-house. Mr. Bierschwale said the cost is approximately $8,000. Mayor
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Baldwin SUggested everyone go see the area. Mr. Marquez agreed to put the item
on the agenda again.
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Counciluiember Simonson
4-B Board
Liaison-BVYA
· Commented that Windcrest voted on a tax freeze for people over 65. He has
received calls about a similar action in Schertz. We need a good briefing about
the ramifications of such action. He would like to see 'this item on a future
workshop.
Councilmember Agee
4-B Board
Liaison- Schertz Housing Authority
Mrs. Agee had nothing to report.
Councilmember Wilenchik
4-B Board
Liaison - Schertz Humane Society
Liaison ~ HOA Coalition
Ex-officio - TSAC
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· Announced he will be out of town for both workshops in June.
Councihnember Greenwald
4-B Board
Ex-officio P&Z Commission
Ex-officio - S/SLGC
· Reported a person was strock by lightning on the Comal River. Schliterbalm had
an AED and was able to help. The person is in critical condition, but still alive.
#13 Items by Mayor
General Announcements
· Asked Council ifthey recall that former Councilmember Joe Potempa was always
complaining about the traffic exiting lH-35 when he was coming out of his
residence at Mobile Villa. He had a similar experience when traveling along
there. A guy passed him at 75 mph. Can we ask the Highway Department to do
something to keep traffic in the left lane? Mr. Wilenchik said they had talked
about those little yellow buttons.
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· Mentioned that Tim Derk (the Spurs Coyote) was a speaker at the Samuel
Clemens High School graduation. He had great things to say about the school and
the students. There's an article in today's paper about it.
#16 ADJOURNMENT
There being no further business to discuss, Mayor Baldwin adjourned the meeting at
9:00 p.m.
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ATTEST:
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City Secretary, City of Schertz, Texas
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