05-06-03
Schertz City Council – Regular Session
Tuesday, May 6, 2003
The Schertz City Council convened in regular session on Tuesday, May 6, 2003 at
7:00 p.m. in the Municipal Complex Council Chambers, 1400 Schertz Parkway,
Schertz, Texas. The following members were present: Mayor Hal Baldwin,
presiding, council members Carl Douglas, Steve Simonson, Reginna Agee, Tony
Wilenchik and Ken Greenwald. Staff members present were City Manager Mark
Marquez and Deputy City Secretary Mary Ybarra.
Mayor Baldwin called the meeting to order, welcomed everyone and asked that
everyone rise and join him in the Pledge of Allegiance to the Flag.
#1 PROCLAMATION: National Law Enforcement Week
Mayor Baldwin read proclamation designating Wednesday May 14, 2003 as
Schertz Law Appreciation Day in the City of Schertz. Police Chief Cantrell was
present to accept the Proclamation.
Chief Cantrell thanked Council on behalf of the Police Department and invited
Council to a wreath laying ceremony May 14 at 11:00 a.m. in front of the Police
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Department.
Before continuing with the next agenda item, Mr. Marquez informed Council
that Juan Santoya, Senior Accountant with the City has accepted the position of
Finance Director. Council congratulated Mr. Santoya on his new position and
wished him luck.
Mr. Santoya thanked Council. Went on to say, that thanks also go out to Mr.
Marquez and other staff members for their support. At this time, Mr. Santoya
introduced the newest member to the Finance Department, Erin Matlock. Ms.
Matlock and family are residents of Schertz, living in the Dove Meadows
Subdivision. Erin has excellent financial skills and will be a tremendous asset to
the Department. Council welcomed Erin.
#2 CANVASSING OF ELECTION RETURNS: Consider and take action
regarding canvassing of election returns for General City Election of May 3, 2003.
Mayor Baldwin introduced an Ordinance and read the caption as follows:
ORDINANCE 03-E-14
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS CANVASSING THE RETURNS AND
DECLARING THE RESULTS OF THE CITY ELECTION HELD
IN SAID CITY ON THE THIRD DAY OF MAY 2003, AND
DECLARING AN EMERGENCY.
Mayor Baldwin read the official election returns provided by Guadalupe
Elections Administrator.
POSITION CANDIDATE VOTES
Councilmember, Place 3 Reginna Agee 308
Councilmember, Place 3 George Mower 109
Councilmember, Place 4 Tony Wilenchik 348
Councilmember, Place 5 Ken Greenwald 346
In review of the election returns, the results show the following as elected
officials, Reginna Agee, Place 3, Tony Wilenchik, Place 4, and Ken Greenwald,
Place 5.
Councilmember Douglas moved to approve the Ordinance canvassing the
returns of said General Election, May 3, 2003, and declaring Reginna Agee
elected to Place 3, Tony Wilenchik elected to Place 4, and Ken Greenwald elected
to Place 5. Councilmember Simonson seconded the motion, which carried with
the following votes:
AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and
Greenwald.
NAY: None.
#3 SWEARING-IN OF ELECTED OFFICALS
Mayor Baldwin swore in Reginna Agee, Place 3, Tony Wilenchik, Place 4, and
Ken Greenwald, Place 5.
#4 HEARING OF RESIDENTS:
Robert Brockman, 4505 Grand Forrest had the following comments:
Inquired who was responsible for trash barrels at ball fields behind
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Community Center. Was advised Park personnel were.
Asked the status of donation of property (Gutierrez) for Boy Scout Hut.
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Was advised waiting on Mr. Gutierrez to respond on questionnaire that
was sent to him.
Informed of car at 608 Main Street still being there, since report at last
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meeting. Vehicle has valid stickers, however hasn’t been moved. Was
advised the matter would be investigated.
Inquired on Gates for the Police Department (4B-Board issue). He also
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asked about talk of fencing around the area. Was advised its under
advisement and discussion.
Indicated there are no street signs at Savannah and Schertz Parkway.
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There is a need for decent signage. He would like to know the amount of
money cut from the project. He was advised the City is looking at possible
placement of signs on the signal themselves.
Informed of homemade directional sign to FM1518 off of FM 78 and Main
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St. It really is helpful.
Congratulated the winners of the Council election.
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David Richmond, Planning & Zoning Chairman signed by to speak, however
deferred until agenda item #9.
#5 APPROVAL OF MINUTES: STRATEGIC PLANNING
SESSION, APRIL 23, 2003.
Mr. Marquez commented that the Strategic Planning Session was a very good
session. The session gave some direction, support and rationales that are
necessary and worthwhile.
Councilmember Agee moved to approve the minutes of Strategic Planning
Session of April 23, 2003 as presented. Councilmember Greenwald seconded the
motion, which carried with the following votes:
AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and
Greenwald.
NAY: None.
#6 BID AWARD: Consider and take action on awarding bids for
proposed water line Project-IH10 and FM 1518.
Mr. Marquez informed that 8 bids were received. The low bid came in from
Diamond S Construction Company in the amount of $144,613.74 and staff
recommends approval.
Councilmember Greenwald moved to award bid on proposed water line project-
IH10 and FM1518 to Diamond S Construction Company in the amount of
$144,613.74. Councilmember Agee seconded the motion, which carried with the
following votes:
AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and
Greenwald.
NAY: None.
#7 REAPPROPRIATION OF FUNDS: Consider and take action
on re-appropriation of funds for Records Management and Police Vehicles.
Mr. Marquez advised of discussion at a previous workshop relative to approving
General Fund mid-year adjustment. In the process there were two areas
requiring re-appropriation of funds from the prior year. Records Management
and Police Vehicles. The first is Records Management - $15,000, and second is
Police Vehicles approximately $57,000, however not sure of the exact amount.
Council suggested that issue be tabled until such time that exact amount is
researched and brought forward for Council consideration at next meeting.
Mr. Marquez apologized for not being prepared. He explained that the re-
appropriation on funds regarding the vehicles was due to vehicles being
delivered after the fiscal year. He will have the exact amount at next meeting.
#8 RESOLUTION: Consider and take action on Resolution calling a
public hearing for consideration of creating a Public Improvement District.
(PID).
Mayor Baldwin introduced a Resolution and read the caption as follows:
RESOLUTION 03-R-09
A RESOLUTION SETTING A PUBLIC HEARING TO BE HELD
ON THE ESTABLISHMENT OF A PUBLIC IMPROVEMENT
DISTRICT AND THE ADVISABILITY OF CERTAIN PUBLIC
IMPROVEMENTS; APPROVING AND AUTHORIZING THE
GIVING OF NOTICE OF SUCH PUBLIC HEARING; AND
RESOLVING OTHER MATTERS INCIDENT AND RELATED
THERETO.
Mr. Marquez advised of having a good meeting with seven of the twelve
property owners. They all stepped forward to assistance. The project is funded
(bond money) and the City will proceed as soon as the district is established. As
part of Council packet is timeline of process giving indication of completion
around August.
Councilmember Agee moved to adopt the Resolution calling for a public hearing
for consideration of creating a Public Improvement District. (PID) for June 3,
2003. Councilmember Wilenchik seconded the motion, which carried with the
following votes:
AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and
Greenwald.
NAY: None.
#9 Consider and take action setting a Public Hearing date for a rezoning
change.
Mr. Marquez indicated a correction was necessary relative to public hearing. The
issue before Council is the development off of IH35/Schertz Parkway, Bomer
property, 12 acres out of 37.191 acres, not the development he referred to as off of
Eckerd Road. Mr. Marquez was informed that Mr. White, developer/owner was
not present.
Mayor Baldwin asked if request has been through Planning and Zoning? Mr.
Richmond, Planning and Zoning Chairman advised yes. The Commission
approved the request, have forward their recommendation to Council for their
consideration. Mr. Richmond advised of concern addressed by the Commission
relative to building a road allowing access from Schertz Parkway to IH35 access
road. The developer has agreed to build road, which would run through the
remaining Bomer property (fronting IH35 access road). The road will be wide
with median to afford two accesses to apartment complex, even though the area
off the access road will be undeveloped.
Councilmember Simonson reminded everyone that this evening Council is only
setting the Public Hearing and all other matters concerning the development
such as metes and bounds, map indicating layout of road intersecting with
Schertz Parkway and IH35 access road are requirements that are met as part of
the Public Hearing process.
Councilmember Simonson moved to approve setting a Public Hearing for the re-
zoning request for May 20, 2003. Councilmember Greenwald seconded the
motion, which carried with the following votes:
AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and
Greenwald.
NAY: None.
#10 ORDINANCE: Consider and take action on first reading of
Ordinance authorizing tax abatement for TADCO/Tri-County II, Ltd.
Mr. Marquez explained that the Ordinance before Council has been approved,
however due to a legal name change of property owner it’s appropriate to go
through the process of repealing the previously approved Ordinance and
introduce new Ordinance with the correct legal name. Another change brought
to Council attention was to item number 6, Terms of the Tax Abatement, Section
c; the commencing date changed from January 1, 2004 to January 1, 2005. There
were no other changes.
Mayor Baldwin introduced a Ordinance and read the caption as follows:
AN ORDINANCE
AN ORDINANCE BY THE CITY OF SCHERTZ, TEXAS
APPROVING A TAX ABATEMENT AND A TAX ABATEMENT
AGREEMENT BY THE CITY COUNCIL FOR AND WITH
TADCO/TRI-COUNTY II LTD., A PROPERTY OWNER IN THE
CITY OF SCHERTZ AND PROVIDING A REPEALING
CLAUSE.
Mr. Marquez advised of no changes to above Ordinance.
Councilmember Simonson moved to approve first reading of Ordinance
authorizing tax abatement for TADCO/Tri-County II, Ltd. Councilmember
Greenwald seconded the motion, which carried with the following votes:
AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and
Greenwald.
NAY: None.
At this time Council agreed to move item #14 Executive Session next on the
agenda. Council took a five-minute break before moving across the hall to the
conference room.
#14 EXECUTIVE SESSION: Called under Chapter 551 of the Texas
Government Code:
(a) Sub-Section 551.071, Consultation with attorney on pending or
contemplated litigation; and
(b) Sub-section 551.072, Deliberation regarding real property
An Executive Session was held from 7:30 p.m. to 9:02 p.m.
#15 Action, if any, on above Executive Session.
No action was necessary.
Before continuing it was brought to Council attention that an error was made on
item #9 relative to date of Public Hearing. The Public Hearing date for the matter
is June 3, 2003, not May 20, 2003 as approved. Council agreed the motion needed
to be rescinded.
At this time, Mayor Baldwin asked for motion to approve the Public Hearing
date of June 3, 2003 for the re-zoning request.
Councilmember Greenwald moved to approve the Public Hearing date of June 3,
2003, instead of May 20, 2003 for the re-zoning request. Councilmember
Simonson seconded the motion, which carried with the following votes:
AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and
Greenwald.
NAY: None.
#11 Items by City Manager
General Announcements
Referenced the need for Teen Court committee to meet to conduct
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interview of applicants. Was informed the process is in motion.
Informed Council of Scout Hut building being demolished. It is going to
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the ground. Council agreed to take the building down.
Advised of receiving bids for new EMS ambulance today. Bids happen to
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be lower than the previous and also a different low bidder. The item will
be on agenda next week for discussion.
#12 Items by Council
General Announcements
Councilmember Douglas
Liaison EDC
No comments.
Councilmember Simonson
4-B Board
Liaison BVYA
Stated Washington is a big place with lots of steps. Also, got to meet
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Ronald Ball, Congressman for the area. He is a very interesting person.
Councilmember Agee
4-B Board
Liaison Schertz Housing Authority
Liaison Schertz Library Board
Thanked those who voted for her for the Council election.
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Advised she will be Austin on Wednesday
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Councilmember Wilenchik
4-B Board
Liaison Schertz Humane Society
Liaison HOA Coalition
Informed that the running track on Schertz Parkway has significant
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cracks, more so before getting to Woodland Oaks.
Advised he would be out of town on May 20.
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Expressed thanks to Mayor Baldwin, City Staff, Gail Douglas, Johnny
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Bierschwale, and Chief Cantrell to name of few for their support of the
Doggy Dash Run. There were 166 participants. The run generated
approximately $2,000 for the Humane Society. With lessons learned this
the first year; we anticipate a larger participation, etc.
Councilmember Greenwald
4-B Board
Ex-officio P & Z Commission
Ex-officio SSLG Corp.
Informed of Thursday meeting on Bond issues held at the VFW. Slide
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presentation, etc. There are certain issues that residents find confusing.
There were a lot of interesting questions, some not relative to the Bond
issue, however those question must be answered also. Meeting went quite
well. Advised residents that any Council member is available to attend
any meeting such as HOA, etc. to help answer questions relative to the
Bond issue. The only days of course that Council cannot attend are
Tuesday and Wednesday of Council meetings.
#13 Items by Mayor
General Announcements
Informed Council that he, Mark Marquez and Johnny Bierschwale met
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with Wing Commander out at RAFB. Items of discussion were:
The possibility of selling of water if there is a need. There was some
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interest shown;
Providing EMS service. Discussion would come up in another year when
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their contract is up for renewal. They were advised that the base
purchased 21-24 AED and would be placed out in different locations
around base;
The use of the training facility on base for additional Fire Department
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training;
The moving of utility poles out on Lower Seguin Road in order to finish
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the project. The City is in jeopardy of losing MPO money (between 1.2 –1.6
million) set aside for project. The City has also spent a considerable
amount in purchase of ROW and so has RAFB. It was presumed that FFA
required placement of poles underground. By means of a letter from FFA,
that decision is a RAFB decision. The only requirement is that the pole
heights aren’t changed, and
The ACUIZ. Informed that they are in receipt of metes and bounds.
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#16 ADJOURNMENT
Without further business Mayor Baldwin adjourned the meeting at 9:15 p.m.
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Mayor, City of Schertz, Texas
ATTEST:
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Deputy City Secretary, City of Schertz, Texas