ccreg 09-21-04
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CITY COUNCIL MINUTES
REGULAR SESSION
SEPTEMBER 21, 2004
The Schertz City Council convened in Regular Session on Tuesday, September 21,2004
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 welcomed everyone and asked them to rise and join him in the Pledge of
Allegiance to the Flag.
#1 INTRODUCTION OF NEW EMPLOYEE: Finance Department
Juan Santoya, Finance Director, introduced new employee Traci Paprocki. She was
welcomed by Council.
#2 HEARING OF RESIDENTS
David Richmond of 2921 Bent Tree Drive said he doesn't come to these meetings as
often as he should. Planning and Zoning gets lots of support from City Council. Mr.
Richmond wanted to thank the City staff for all their support and also mentioned that
their relationship seems to keep getting better as time goes by.
One concern is that when they were working diligently on sections of the Comprehensive
Land Plan and came across the ordinance regarding tree preservation, they did not have
the ability to enforce it. Mr. Richmond commented he knows the Inspection Department
is really spread thin and in some instances issues are not enforced. Our working
relationship is outstanding but there are enforcement issues.
Robert Brockman of 4505 Grand Forrest had the following comments:
I) Mr. O'Kelly worked with him on Schertz Parkway
2) Still need a sign at Schertz Parkway
3) There are weeds at Lee Street
4) On Schertz Parkway street lights need to be repaired
5) Referred again to the wall at Burch Roofing
#3 ORDINANCE: Consider and take action on final reading of Ordinance approving the
budget for FY 2004/2005.
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Mayor Baldwin introduced an Ordinance and read the caption as follows:
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ORDINANCE NO. 04-M-29
PROVIDING FUNDS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2004
AND ENDING SEPTEMBER 30, 2005, BY APPROVING THE BUDGET FOR
SAID PERIOD AND APPROPRIATING THE NECESSARY FUNDS OUT OF THE
GENERAL AND OTHER REVENUES FOR THE CITY OF SCHERTZ, TEXAS,
FOR SAID YEAR FOR THE MAINTENANCE AND OPERATION OF THE
VARIOUS DEPARTMENTS AND FOR VARIOUS ACTIVITIES AND
IMPROVEMENTS OF THE CITY.
Mr. Marquez commented they had already held the public hearing on this and approved
the first reading of the Ordinance.
Mr. Wilenchik moved to approve the final reading of an Ordinance regarding the budget
for fiscal year 2004 - 2005. 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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#4 ORDINANCE: Consider and take action on final reading of Ordinance approving
the tax rate for FY 2004/2005.
Mayor Baldwin introduced an Ordinance and read the caption as follows:
ORDINANCE NO. 04-T-30
LEVYING AND ASSESSING ALL TAXABLE PROPERTY WITHIN THE
CORPORATE LIMITS OF THE CITY OF SCHERTZ, TEXAS, FOR THE YEAR
2004; PROVIDING THE BASIS OF ASSESSMENT OF ONE HUNDRED
PERCENT (100%) APPRAISED VALUE AND PROVIDING FOR THE
COLLECTION THEREOF AT THE RATE OF 0.3760 ON THE ONE HUNDRED
DOLLAR ($100.00) ASSESS VALUATION.
Mr. Marquez commented we already held the public hearing on this and approved the first
reading of the Ordinance.
Mr. Greenwald moved to approve the final reading on the Ordinance on the tax rate. Mr.
Wilenchik seconded the motion which carried with the following votes:
AYES: Councilemembers Douglas, Simonson, Agee, Wilenchik and Greenwald.
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NAYS: None
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#5 ORDINANCE: Consider and take action on final reading of Ordinance creating a
Municipal Court of Record for the City of Schertz, Texas.
Mayor Baldwin introduced an Ordinace and read the caption as follows.
ORDINANCE NO. 04-M-31
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, PROVIDING
THAT CHAPTER 12 OF THE CODE OF ORDINANCES, CITY OF SCHERTZ,
TEXAS, BE AMENDED CREATING A MUNICIPAL COURT OF RECORD IN
THE CITY OF SCHERTZ, TEXAS WHICH SHALL BE COMPRISED OF THE
PRESENT MUNICIPAL COURT AND ESTABLISHING THE BASIC POWERS
OF THE COURT AND ITS PERSONNEL.
Mr. Marquez advised one of the purposes of this Ordinance is to separate the
administrative function from the judicial function. Judge Padgett had no comment.
Mrs. Agee moved to approve the final reading of the Ordinace regarding the court of
record. Mr. Simonson seconded the motion which carried with the following votes.
AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald.
NAYS: None
Mayor Baldwin advised this Ordinance will not be effective until January 1, 2005.
#6 PUBLIC HEARING: To receive citizen comments on a request from the City of
Schertz to rezone 78.14 acres from Predevelopment (PD) to Residential 5 (R-5).
Mayor Baldwin explained the procedures to be followed for the public hearing.
Mr. Marquez commented this is clean up action. When the area was annexed, the City
didn't follow up with the appropriate zoning.
Robert. Brockman of 4505 Grand Forrest asked Amy Madison, Community Development
Director, to point out the area on the map. Mrs. Madison pointed out the area and said it
will be zoned from Pre-Development to Residential R5.
There being no further business, Mayor Baldwin closed the public hearing.
#7 ORDINANCE: Consider and take action on first reading of Ordinance rezoning
78.14 acres from Predevelopment (PD) to Residential 5 (R-5).
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Mayor Baldwin introduced an Ordinance and read the caption as follows.
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AN ORDINANCE
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AMENDING THE UNIFIED DEVELOPMENT CODE (UDC)
ORDINANCE NO. 96-S-28 BY REZONING 78.14 ACRES FROM PRE-
DEVELOPMENT (PD) TO RESIDENTIAL 5 (R-5).
Mr. Wilenchik moved to approve the first reading of an Ordinance rezoning the 78.14
acres from Pre-Development (PD) to Residential 5 (R-5). Mr. Greenwald seconded the
motion which carried with the following votes.
AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald.
NAYS: None
#8 PUBLIC HEARING: To receive citizen comments on a request from the City of
Schertz to amend the Comprehensive Land Plan, Chapter 5 (Transportation) Figure 5.2
(Master Thoroughfare Plan).
Mr. Marquez stated this is the first of two parts as a result of a special group appointed by .
City Council to make sure it is appropriate with other areas. He thanked everyone for their
cooperation. This is more realistic than the previous plan.
Robert Brockman of 4505 Grand Forrest spoke about the problem getting across Cibo10
Creek. We need access somewhere in the middle of the City in order to get to Universal
City.
There being no further questions or comments, Mayor Baldwin closed the public hearing.
#9 Consider and take action approving Figure 5.2 (Master Thoroughfare Plan).
Mr. Douglas moved to approve the Comprehensive Plan Chapter 5 (Transportation)
Figure 5.2 (Master Thoroughfare Plan). Mrs. Agee seconded the motion which carried
with the following votes.
AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald.
NAYS: None
#10 Consider and take action setting a public hearing date of October 19, 2004 on a
request for a Specific Use Permit for Block 1, Lot 14 of the Schertz Business Park to
allow for an office/warehouse facility for a food distribution center to be located in the Air .
Installation Compatible Use Zone (AICUZ). The property is located at 132 Commercial
Place. Applicant: Brian and Kelly Shows dba San Antonio Deli Provisions Ltd.
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Mr. Marquez reported there is nothing unusual except that the property is located in the
AICUZ. There are no zoning issues.
Mr. Greenwald moved to set a public hearing date of October 19, 2004 on a request from
Brian and Kelly Shows dba San Antonio Deli Provisions Limited for a Specific Use
Permit. Mrs. Agee seconded the motion which carried with the following votes.
AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald.
NAYS: None
#11 Consider and rake action setting a public hearing date of October 19, 2004 on a
request to rezone 11.867 acres from General Business (GB) to Residential 5 (R-5). The
property is located at the northwest quadrant of Schertz Parkway and Live Oak Road.
Applicant: Hardy & Company, Inc.
Mr. Greenwald moved to set a public hearing date of October 19, 2004 on a request to
rezone 11.867 acres from General Business (GB) to Residential 5 (R-5). Mr. Simonson
seconded the motion which carried with the following votes.
AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald.
NAYS: None
#12 Consider and take action setting a public hearing date of October 19, 2004 on a
request to rezone 6.054 acres from Neighborhood Services (NS) and Residential 1 (R-I) to
General Business (GB). The property is located on the west side of PM 3009,
approximately 380 feet south ofDimrock. Applicant: Perry Donop.
Mr. Marquez expressed some concerns about the layout of the property.
Mr. Greenwald moved to approve the setting of a public hearing date of October 19, 2004
on a request Perry Donop to rezone 6.054 acres from Neighborhood Services (NS) and
Residential 1 (R-1) to General Business (GB). Mr. Wilenchik seconded the motion, which
carried with the following votes.
AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald.
NAYS: None
#13 Discussion regarding nomination of Hometown Hero.
Mayor Baldwin read the letter from Time Warner and told Council he is looking for them
to recommend someone to nominate for the Schertz Hometown Hero. Time Warner does
an outstanding event to honor all the nominees from the various cities.
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Mr. Greenwald reminded everyone that October 29, 2004 is the deadline.
#14 Items by City Manager
General Announcements
(a) Tax freeze update
(b) Outside activity
Regarding update on tax freeze, Mr. Marquez advised he is working on a factual paper to
be published.
Reminded Council there is an e-mail in their packets inviting them to nominate a
chairman for the TCMA committee.
#15 Items by Council
General Announcements
Councilmember Douglas
Liaison - EDC
Liaison - Schertz Library Board
Mr. Douglas reported there is still a light problem at the entrance to Schertz Parkway.
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Mentioned that at the last Economical Development Commission meeting, they discussed
the upcoming Business Appreciation Diuner. It will be held on the 29t1i of October and
has a casino theme. It has some pretty hefty prizes and for his part he is not participating
in the drawing.
MayorPro-Tem Simonson
4-B Board
Liaison BVY A
Thanked everyone for the ALS Party in the Park. He was glad to see everyone come out
for such a good cause.
Stated he got hit up by a citizen at a local restaurant regarding the amount of handicapped
parking at the 4th of July Jubilee.
Mayor Baldwin asked about handicapped parking at the Party in the Park and Mr.
Marquez said they had designated parking for that.
Councilmember Agee
4-B Board
Liaison - Schertz Housing Authority
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Mrs. Agee had nothing to report.
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Councilmember Wilenchik
4-B Board
Liaison- Schertz Humane Society
Liaison - HOA Coalition
Ex- officio- TSAC
Mr. Wilenchik had nothing to report.
Councilmember Greenwald
4-B Board
Ex-officio - P&Z Commission
Ex-officio S/SLGC
Stated he gave everyone a copy of the Schertz /Seguin Local Govemment Corporation
minutes, budget and water rates.
#16 Items by Mayor
General Announcements
Mayor Baldwin remarked the Party in the Park was a great event.
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Mrs. Agee asked about the attendance at the Party in the Park. Mr. Marquez answered
about 3000.
#17 ADJOURNMENT
There being no further business to discuss, Mayor Baldwin adjourned the meeting at 7 :50
p.m.
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ATTEST:
~.w ~~dU
City Secretary, City of Schertz, Texas
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