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ccrg 03-02-04 . 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 . 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. . 221 #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 . 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. . 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: . 222 . 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: . 223 AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald. . 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. . 224 . #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. . #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 . . 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. 225 Councilmember Wilenchik 4-B Board Liaison - Schertz Humane Society Liaison - HOA Coalition Ex-officio - TSAC . . 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. . . 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. . 226 . ATTEST: ~~ City Secretary, City of Schertz, Texas . . , Mayor, City of Schertz, Texas 227 .