ccrg 10-21-03
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MINUTES
CITY COUNCIL REGULAR SESSION
OCTOBER 21, 2003
The Schertz City Council convened in Regular Session on Tuesday, October 21,2003 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, Tony Wilenchik and Ken Greenwald; absent: Councilmember
Reginna Agee. Also present were City Manager Mark Marquez and City Secretary
Norma Althouse.
Mayor Baldwin asked everyone to rise and join him in the Pledge of Allegiance to the
Flag.
#1 INTRODUCTION of new employee in Public Works Department.
(The new employee was not present, so this item will be placed on a future agenda.)
#2 HEARING OF RESIDENTS:
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Robert Brockman of 4505 Grand Forrest brought up the following:
(a) The locks have been taken off the recycle dumpster outside City Hall. Mr. Marquez
promised to check into the situation.
(b) An incident occurred this past Sunday on FM 78 and the police officers arrived
without their orange vests. Chief Cantrell said it is not his policy for them to wear orange
vests. As a citizen and taxpayer, Mr. Brockman said he finds that policy unacceptable.
He was reprimanded for not wearing an orange vest when he was volunteering his help to
the City.
(c) Number #26 on the agenda calls for setting a public hearing date for a Specific Use
Permit, but it doesn't say what kind of Specific Use Permit is being requested.
(d) There are branches over the wires at Buffalo Drive.
Ron Glazener, Sr. of 1512 Circle Oak Drive spoke about traffic on Circle Oak Drive. He
didn't see this item on the agenda tonight, but he knew there was some discussion about
it at a previous workshop. Mayor Baldwin admitted a discussion of this kind is usually
done at a workshop. The staff is looking into the situation and trying to come up with
recommendations for a solution to the problem. Mr. Marquez added they would probably
wait until construction is finished before making any decisions. Mr. Glazener commented
he would like to see discussion of the traffic problem on a forthcoming agenda and would
. like for the Homeowners Association to be apprised of it.
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Mr. Glazener went on to say there was ample discussion about this three years ago and
the people in his subdivision were under the impression the problem would be solved.
There was an overflow crowd at the Planning and Zoning meeting complaining about this
situation.
David Richmond of 2921 Bent Tree asked if there had been a recent change in the
Solicitor's Ordinance. He has had door hangers on his door on five consecutive days. He
spoke with the Inspection Department and was told people going door to door with door
hangers don't have to get a permit. It bothers him that they don't know who's going
through their neighborhood. They used to have control and now they don't. They prided
themselves on that control. The subject has been put on his Homeowner's Association's
meeting for discussion. Mr. Marquez indicated they could revisit the Solicitor's
Ordinance.
#3
APPROVAL OF MINUTES:
Regular Session
Special Workshop Session
Regular Session
Special Workshop Session
8-19-03
8-27-03
9-02-03
9-10-03
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Mr. Douglas moved to approve the minutes, as written, for the Regular Session of 8-19-
03, the Special Workshop Session of 9-27-03, the Regular Session of 9-02-03 and the
Special Workshop Session of 9-10-03. Mr. Simonson seconded the motion, which
carried with the following votes:
AYES: Councilmembers Douglas, Simonson, Wilenchik and Greenwald.
NAYS: None.
#4 RESOLUTION: CONSIDERATION AND APPROVAL OF A RESOLUTION
RELATING TO ESTABLISHING THE CITY'S INTENTION TO REIMBURSE
ITSELF FOR THE PRIOR LAWFUL EXPENDITURE OF FUNDS FROM THE
PROCEEDS OF OBLIGATIONS TO BE ISSUED BY THE CITY FOR
AUTHORIZED PURPOSES; AUTHORIZING MATTERS INCIDENT AND
RELATED THERETO; AND PROVIDING AN EFFECTIVE DATE.
Mayor Baldwin introduced a Resolution and read the caption as follows:
RESOLUTION NO. 03-R-25
RESOLUTION: CONSIDERATION AND APPROVAL OF A RESOLUTION
RELATING TO ESTABLISHING THE CITY'S INTENTION TO REIMBURSE
ITSELF FOR THE PRIOR LAWFUL EXPENDITURE OF FUNDS FROM THE
PROCEEDS OF OBLIGATIONS TO BE ISSUED BY THE CITY FOR
AUTHORIZED PURPOSES; AUTHORIZING MATTERS INCIDENT AND
. RELATED THERETO; AND PROVIDING AN EFFECTIVE DATE.
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Mr. Marquez advised the earnest money would be delivered tomorrow for the purchase of
the church property next door. They plan to remodel the sanctuary and the church
community center as well as the City's current community center and do a few other
minor projects. The remodeling is estimated to cost approximately 1.5 million dollars.
They have already engaged an architect.
Mr. Greenwald explained they are taking money out of the reserves and when the bond is
approved, they would put the money back in the reserves.
Mr. Greenwald moved to approve the Resolution relating to establishing the City's
intention to reimburse itself for the prior lawful expenditure of funds from the proceeds
of obligation to be issued by the City for authorized purposes; authorizing matters
incident and related thereto; and providing an effective date. Mr. Wilenchik seconded the
motion, which carried with the following votes:
AYES: Councilmembers Douglas, Simonson, Wilenchik and Greenwald.
NAYS: None.
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#5 PUBLIC HEARING: To receive citizen comments on a request from Continental
Homes of Texas LP to rezone 192.48+ acres from General Business (GB):and Residential
A (R_A) to 38.2+ acres as General Business (GB) and 1543+ acres as. Residential 5
(R-5).
Mayor Baldwin explained the procedure to be followed for the public hearing.
Mr. Marquez stated the property is located on IH-35 and Wiederstein Road adjacent to
Freeway Manor. Planning and Zoning has already held their public hearing on this
request. Forty-two (42) letters were sent to property owners within the legally required
distance and four (4) were returned in favor.
Erika Juckmes, representing Continental Homes, related that the past couple of months
she and the engineers, along with City staff and the Planning and Zoning Commission,
have been working on developing this land. They have worked on saving trees and trying
to maintain the bird habitat. General Business is remaining the same minus possibly one
acre. There were no metes and bounds, so they created some. The remaining land will
be zoned R-5 and those lots exceed the R-5 request (50% will be 5500 to 7000 square
feet and 50% will be 7000 square feet and above).
Ms. Juckmes went on to say they are offering a collector road from Old Wiederstein to
IH-35 as well as a maintained roadway behind the commercial zoning to allow
movement. Continental would like for Council to consider approving this rezoning
request so they can produce a quality subdivision for the City of Schertz.
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Don Schaezler of 19349 Old Wiederstein Road said he lives directly across the street and
has been following this development. He was impressed by the Planning and Zoning
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Commission. He is an environmental engineer. The area is sparsely populated and this
development would change that. His major concern is the environmental impact. Lots of
amenities would need to be provided such as educational and recreational facilities.
Mr. Schaezler went on to say there are approximately 150 acres of woodland that serve as
available nesting and protection for migratory birds. He would like to see the woodland
areas preserved.
Mayor Baldwin asked Ms. Juckmes what area they are not going to develop. Ms.
Juckmes replied there are approximately 10-15 acres where there would be some park
area, a detention pond and as many trees as possible.
Lincoln Coderre of 19094 Old Wiederstein Road stated he agrees with Mr. Schaezler in
that they are not against growth and development. However, this would ruin the charm
of this area that attracted them to it in the first place. He is concerned about the issues of
wildlife and air pollution. He is concerned that part of the development will end up in his
living room. He is concerned about a lift station within 300 feet of his house. He is
against the lift station and the widening of the road. As far as the demographics by
Continental, they are ridiculous. There are huge volumes of traffic out there. .
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David Richmond of 2921 Bent Tree Drive stressed that during the planning process for
this proposal they tried to address all concerns. He appreciates concerns by the residents
on Old Wiederstein Road, but the City cannot dissuade any owner from selling property
to a developer. They can only work with developers. This is the first piece of property
along IH-35 made available for development. It could have been Wal-Mart and not
Continental Homes.
Mr. Richmond went on to say until the annexation of Northcliffe, they didn't have
residential along there. It is being surrounded more by residential development. The
intervening land belongs to Cibolo. The Comprehensive Land Plan says IH-35 should
have light industrial or research type development and he thinks that's visionary. The
issues of the residents don't go away. They have valid concerns and would like to
maintain the status quo. Can this developer afford to get all the right-of-way needed to
widen the road? If they can, it is better residential than industrial. There are both pros
and cons and City Council has a difficult decision to make.
Amy Madison, Economic Development Director, thanked the developer for their
cooperation with Planning and Zoning. She said the first time they looked at the property
they did a walkabout. and they will do that for all developments in the future.
There being no further comments or questions, Mayor Baldwin closed the public hearing
at this time.
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#6 ORDINANCE: Consider and take action on first reading of Ordinance rezoning
192.48+ acres from GB and R-A to 38.2+ acres as GB and 154.3+ acres as R-5
(Continental Homes of Texas LP).
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Before reading the caption and introducing the Ordinance, Mayor Baldwin made a few
remarks. In the 1970's he was employed by the City of Schertz. The City Council and
staff at that time made bold attempts to annex along IH-35 for future industrial
development. The Master Plan designated the area as light industrial. Forbes bought the
property as industrial and they have some of the most valuable property along IH-35.
Once there's an area given up for residential development, people will object in large
volumes. He appreciates the work done by Continental Homes and by the staff. This
rezoning request is absolutely fraught with problems. Busses will be a problem for the
school district. Old Wiederstein Road is horribly undersized for any kind of
development. The only way we can improve the road is to do it ourselves. Cibolo has a
subdivision as close as twelve feet from the road.
Mayor Baldwin went on to say once you put in residential, you would never have light
industrial. You will lose one of the most valuable properties in Schertz. He is not saying
the zoning change should be disapproved, he is just saying Council should talk about it.
Ms. Juckmes mentioned that one of the things Continental looked at was making sure the
proposed zoning is compatible.
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Mayor Baldwin mentioned one of the things they wanted to maintain was commercial
value to the City. There should be a buffer between commercial and residential. That
was something they took into consideration when doing the Master Plan. The Mayor
went on to say if an area is already developed as residential and people have bought
homes there and someone is looking at putting commercial next to them, this room would
be filled with angry people objecting to the commercial development.
Mayor Baldwin then indicated he would like to speak with Chuck Forbes to see what he
wants to do. Mr. Marquez probably has some comments on this.
Mr. Marquez stated he had raised some concerns several weeks ago. This action may be
a catalyst to go back and change the Master Plan. Continental Homes, Planning and
Zoning and staff worked in good faith and the further back we stood, we asked is this
what we really want to do. Tabling the issue would be unfair to Continental Homes. He
would rather it be rejected to give Continental Homes an opportunity to come back and
present their case.
Mr. Marquez further stated the road and the sewer are a big concern. The
Comprehensive Land Plan is not a perfect document. Things are changing. Ms. Juckmes
pointed out Continental is not able to move forward without Planning and Zoning and
City Council permission and worse if they don't have staff approval. They are only here
for the rezoning issue. Mr. Marquez assured her they don't want to lead her on and don't
want Continental to waste any more money.
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Mr. Simonson noted the Comprehensive Land Plan is the fourth plan they've had. In all
the planning in the past twenty years, they kept industrial on the same side of the road.
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From the viewpoint of a planner, if you get no cooperation from sister cities on the road,
it causes an abomination. He thinks Planning and Zoning did yeoman work on this. The
zoning issue has nothing to do with roads.
Mr. Greenwald observed that until we resolve the road and sewer problems, he doesn't
foresee any kind of development.
Mr. Douglas said he appreciates all the input and hard work, but his primary purpose is
consideration of all the citizens of Schertz. He doesn't feel comfortable supporting this
project at this time.
David Richmond pointed out that a developer with deeper pockets would be able to pay
for the widening of the road.
Mr. Marquez suggested taking some care on how they approach this. Mr. Wilenchik said
he was inclined to agree with the Mayor and the City Manager.
Mayor Baldwin commented if they disapprove it, the developer couldn't come back for
six months. Ms. Juckmes said she would rather it be tabled than voted on at this time.
That would be in the best interest of the City and Continental Homes.
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Mr. Douglas moved to table the first reading of the Ordinance rezoning 192.48+ acres
from GB and R-A to 38.2+ acres as GB and 154.3+ acres as R-5 (Continental Homes of.
Texas LP). Mr. Wilenchik seconded the motion, which carried with the following votes:
AYES: Councilmembers Douglas, Simonson, Wilenchik and Greenwald.
NAYS: None.
Mr. Marquez told Ms. Juckmes they would let her know when they are going to discuss
this again.
A short recess was taken at this time. Mayor Baldwin had to leave and Mayor Pro-Tern
Greenwald presided over the remainder of the meeting.
After the break, Mayor Pro-Tern Greenwald informed everyone the Mayor had to leave
because there's a medical problem with his great-granddaughter. Everyone was asked to
keep her in their prayers.
#7 PUBLIC HEARING: To receive citizen comments on a request from Larry Fritz
of Audio Concepts for a Specific Use Permit.
Mayor Pro-Tern Greenwald explained the procedures to be followed for the public
hearing.
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Mr. Marquez explained the requested Specific Use Permit would be for the location at
205 First Street, which is the old bicycle shop. Mr. Fritz is planning to put a mobile
audio store in there. There were ten (10) letters sent out to property owners within the
required distance and none were returned. Staff recommends approval.
Robert. Brockman of 4505 Grand Forrest asked, if the Specific Use Permit is approved,
could Mr. Fritz put as many people as possible in there. Mr. Marquez replied he didn't
think so.
There being no further comments or questions, Mayor Pro-Tern Greenwald closed the
public hearing at this time.
#8 Consider and take action on above request for a Specific Use Permit.
Mr. Douglas moved to approve the request from Larry Fritz for a Specific Use Permit.
Allowing him to put a mobile audio store at 205 First Street. Mr. Wilenchik seconded the
motion, which carried with the following votes.
AYES: Councilmembers Douglas, Simonson, Wilenchik, and Mayor' Pro-Tern
Greenwald.
NAYS: None.
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#9 PUBLIC HEARING: To receive citizen comments on a request from George
Smith for a Specific Use Permit.
Mayor Pro-Tern Greenwald explained the procedures to be followed for the public
hearing.
Mr. Marquez related that Mr. Smith is requesting permission to place three mobile homes
offIH-35 in an area zoned M-l. There were four (4) letters sent out to property owners
within the required distance and one (1) was returned in favor. Staff recommends
approval.
Robert Brockman of 4505 Grand Forrest asked if it's mobile homes or manufactured
homes. He was told it is manufactured homes.
There being no further questions or comments, Mayor Pro-Tern Greenwald closed the
public hearing at this time.
# I 0 Consider and take action on above request for a Specific Use Permit.
Mr. Simonson moved to approve the request from George Smith for a Specific Use
Permit allowing him to place three mobile homes along IH-35 in an area zoned M-l. Mr.
. Douglas seconded the motion, which carried with the following votes:
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AYES: Councilmembers Douglas, Simonson and Wilenchik and Mayor Pro-Tern
Greenwald.
NAYS: None.
#11 PUBLIC HEARING: To receive cItizen comments on a request from
Trico/Shadeports, Inc. to rezone 4.0+ acres from Predevelopment District (PD) to
General Business (GB)>
Mayor Pro-Tern Greenwald explained the procedures to be followed for the public
hearing.
Mr. Marquez advised this property is partly offFM 482 and all of it is in the City limits.
There were eight (8) letters sent to property owners within the required distance and one
(1) was returned in favor and one (1) was returned opposed. Staff recommends approval.
There being no questions or comments, Mayor Pro-Tern Greenwald closed the public
hearing at this time.
#12 ORDINANCE: Consider and take action on first reading of Ordinance rezoning
4.0+ acres from PD to GB (Trico/Shadeports, Inc.).
. Mayor Pro-Tem Greenwald introduced an Ordinance and read the caption as follows:
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 4.0+ ACRES OUT OF COMAL COUNTY FROM
PREDEVELOPMENT (PD) TO GENERAL BUSINESS (GB).
Mr. Simonson moved to approve the first reading of an Ordinance rezoning 4.0+ acres
from PD to GB. Mr. Douglas seconded the motion, which carried with the following
votes:
AYES: Councilmembers Douglas, Simonson and Wilenchik and Mayor Pro-Tern
Greenwald.
NAYS: None.
#13 ORDINANCE: Consider and take action on final reading of Ordinance adopting
guidelines and criteria for Tax Abatement and Reinvestlnent Zones.
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Mayor Pro-Tern Greenwald introduced an Ordinance and read the caption as follows:
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ORDINANCE NO. 03-T-30
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, ADOPTING
GUIDELINES AND CRITERIA FOR TAX ABATEMENT AND
REINVESTMENT ZONES; AND PROVIDING A REPEALING CLAUSE.
Mr. Marquez commented there have been no changes since it was discussed at the
workshop. It will not become effective until January 1, 2004.
Mr. Douglas moved to approve the final reading of an Ordinance adopting guidelines and
criteria for Tax Abatement and Reinvestment Zones. Mr. Simonson seconded the
motion, which carried with the following votes:
A YES: Councilmembers Douglas, Simonson and Wilenchik and Mayor Pro-Tern
Greenwald.
NAYS: None.
#14 PUBLIC HEARING: To hear citizen comments regarding establishment of ..
Walko Reinvestlnent Zone.
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Mayor Pro-Tern Greenwald explained the procedures to be followed for the public
hearing.
Mr. Marquez noted this is the establishment of a Reinvestment Zone as required by State
law.
Robert Brockman of 4505 Grand Forrest requested an outline of the area. Amy Madison
pointed it out on a map as at the Industrial Park on Bell North Drive.
There being no further questions or comments, Mayor Pro-Tern Greenwald closed the
public hearing at this time.
#15 ORDINANCE: Consider and take action on first reading of Ordinance
establishing the Walko Reinvestment Zone.
Mayor Pro-Tern Greenwald introduced an Ordinance and read the caption as follows:
AN ORDINANCE
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
ESTABLISHING THE WALKO REINVESTMENT ZONE.
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Mr. Wilenchik moved to approve the first reading of an Ordinance establishing the
Walko Reinvestlnent Zone. Mr. Douglas seconded the motion, which carried with the
following votes:
A YES: Councilmembers Douglas, Simonson and Wilenchik, and Mayor Pro-Tern
Greenwald.
NAYS: None.
#16 ORDINANCE: Consider and take action on first reading of Ordinance approving a
Tax Abatement and Tax Abatement Agreement for Walko Investments, Inc.
Mayor Pro- Tem Greenwald introduced an Ordinance and read the caption as follows:
AN ORDINANCE
THE CITY OF SCHERTZ, TEXAS, APPROVING A TAX ABATEMENT AND A
TAX ABATEMENT AGREEMENT BY THE CITY COUNCIL FOR AND WITH
WALKO INVESTMENTS, INC., A PROPERTY OWNER IN THE CITY OF
SCHERTZ. . .
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Mr. Douglas moved to approve the first reading of an Ordinance approving a Tax
Abatement and Tax Abatement Agreement for Walco Investments, Inc. Mr. Wilenchik
seconded the motion, which carried with the following votes:
A YES: Councilmembers Douglas, Simonson and Wilenchik, and Mayor Pro-Tern
Greenwald.
NAYS: None.
#17 PUBLIC HEARING: To hear citizen comments regarding establishment of G.D.
Bar Reinvestment Zone.
Mayor Pro-Tem Greenwald explained the procedures to be followed for the public
hearing.
Robert Brockman of 4505 Grand Forrest inquired that if there's no building there, would
there still be the possibility of an abatement and Mr. Marquez replied yes.
There being no further questions or comments, Mayor Pro-Tern Greenwald closed the
public hearing at this time.
#18 ORDINANCE: Consider and take action on first reading of Ordinance
establishing the G.D. Bar Reinvestlnent Zone.
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. Mayor Pro- Tem Greenwald introduced an Ordinance and read the caption as follows:
AN ORDINANCE
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS,
ESTABLISHING THE G.D. BAR REINVESTMENT ZONE.
Mr. Douglas moved to approve the first reading of an Ordinance establishing the G.D.
Bar Reinvestment Zone. Mr. Simonson seconded the motion, which carried with the
following votes:
AYES: Councilmembers Douglas, Simonson and Wilenchik, and Mayor Pro-Tern
Greenwald.
NAYS: None.
#19 ORDINANCE: Consider and take action on first reading of Ordinance approving
a Tax Abatement and Tax Abatement Agreement for GD Bar Family Limited.
Mayor Pro-Tern Greenwald introduced an Ordinance and read the caption as follows:
AN ORDINANCE
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THE CITY OF SCHERTZ, TEXAS, APPROVING A TAX ABATEMENT AND A
TAX ABATEMENT AGREEMENT BY THE CITY COUNCIL FOR AND WITH
GD BAR FAMILY LIMITED PARTNERSHIP, A PROPERTY OWNER IN THE
CITY OF SCHERTZ.
Mr. Wilenchik moved to approve the first reading of an Ordinance approving a Tax
Abatement and a Tax Abatement Agreement for and with GD Bar Family Limited
Partnership. Mr. Simonson seconded the motion, which carried with the following votes:
AYES: Councilmembers Douglas, Simonson and Wilenchik, and Mayor Pro- Tem
Greenwald.
NAYS: None.
#20 ORDINANCE: Consider and take action on final reading of TSAC
(Transportation Safety Advisory Commission) Ordinance.
Mayor Pro-Tem Greenwald introduced an Ordinance and read the caption as follows:
.
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ORDINANCE NO. 03-M-29
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, PROVIDING
THAT THE CODE OF ORDINANCES, CITY OF SCHERTZ, TEXAS, BE
AMENDED BY REVISING CHAPTER 2, ADMINISTRATION; AND
PROVIDING A REPEALING CLAUSE.
Mr. Marquez pointed out the Council will notice the TSAC is now a Commission versus
a Committee. There have been no changes since this was discussed at the workshop.
Mr. Douglas moved to approve the final reading of the TSAC Ordinance. Mr. Wilenchik
seconded the motion, which carried with the following votes:
AYES: Councilmembers Douglas, Simonson and Wilenchik, and Mayor Pro- Tem
Greenwald.
NAYS: None.
#21 ORDINANCE: Consider and take action on first reading of Wrecker Franchise
Ordinance.
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Mayor Pro- Tem Baldwin introduced an Ordinance and read the caption as follows:
AN ORDINANCE
PROVIDING THAT THE CODE OF ORDINANCES, CITY OF SCHERTZ,
TEXAS BE AMENDED BY CREATING CHAPTER 11, WRECKERS AND TOW
TRUCK FRANCHISE FOR NON-CONSENT TOWING OF DISABLED OR
WRECKED VEHICLES; IMPOSING PROVISIONS AND CONDITIONS
RELATING TO THE EXERCISE OF SAME; AND PROVIDING FOR
PENALTIES FOR VIOLATION THEREOF; REPEALING ALL ORDINANCES
OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND
ESTABLISHING AN EFFECTIVE DATE.
Mr. Marquez explained this Ordinance establishes the criteria, but it does not establish
the franchise. They have been wanting an impound yard located in the City limits, so
there may be some changes to Section 8 before the final reading of the Ordinance. The
fees are not included in the Ordinance, they will be only an Exhibit.
Mayor Pro-Tem Greenwald asked if they are going to require a towing company to be
equipped so they can tow an 18-wheeler. Mr. Marquez replied they could sub-contract
out that type of towing.
Robert Brockman asked if this is a new Ordinance and was told it is.
.
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Mr. Simonson moved to approve the first reading of a Wrecker Franchise Ordinance.
Mr. Douglas seconded the motion, which carried with the following votes:
A YES: Concilmembers Douglas, Simonson, and Wilenchik, and Mayor Pro-Tern
Greenwald.
NAYS: None.
#22 ORDINANCE: Consider and take action on first reading of Ordinance regarding
dissolution of Schertz Parkway Zone Board of Directors and disposition offunds.
Mayor Pro-Tern Greenwald introduced and Ordinance and read the caption as follows:
AN ORDINANCE
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, DISSOLVING
REINVESTMENT ZONE NUMBER ONE, DISBANDING THE SCHERTZ
PARKWAY ZONE BOARD OF DIRECTORS AND PROVIDING FOR THE
DISPOSITION OF FUNDS OF THE TAX INCREMENT FINANCING FUND.
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Mayor Pro-Tem Greenwald commented he's sorry to see the Parkway Zone Board go,
but it's the right thing to do.
Mr. Marquez commented the first Ordinance didn't establish a termination date, that's the
reason for this Ordinance. There is approximately $78,000 left in the fund. He
recommends leaving $1,000 in to cover the audit of the books and that the balance go to
the I&S Fund. The Parkway Zone Board is to be commended for their work.
Mr. Douglas moved to approve the first reading of an Ordinance regarding dissolution of
Schertz Parkway Zone Board of Directors and disposition of funds. Mr. Simonson
seconded the motion, which carried with the following votes:
AYES: Councilmembers Douglas, Simonson and Wilenchik, and Mayor Pro- Tem
Greenwald.
NAYS: None.
#23 RESOLUTION: Consider and take action approving Resolution regarding STEP
Program (Selective Traffic Enforcement Program).
Mayor Pro-Tern Greenwald introduced a Resolution and read the caption as follows:
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RESOLUTION NO, 03-R-19
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT
WITH THE TEXAS DEPARTMENT OF TRANSPORTTION FOR A
SELECTIVE TRAFFIC ENFORCEMENT PROGRAM FOR THE PERIOD OF
OCTOBER 1,2003 THROUGH SEPTEMBER 30, 2004.
Police Chief Cantrell related that the main target dates are Thanksgiving, Spring Break,
Memorial Day and Labor Day. Schertz is one of the few cities to receive $15,000 for this
program.
Mr. Simonson moved to approve the Resolution authorizing the City Manager to enter
into a contract with the Texas Department of Transportation for a STEP Program. Mr.
Wilenchik seconded the motion, which carried with the following votes:
AYES: Councilmembers Douglas, Simonson and Wilenchik, and Mayor Pro-Tern
Greenwald.
NAYS: None.
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#24 BUDGET: Consider and take action approving Schertz/Seguin Local Government
Corporation budget for FY 2003/2004.
Mr. Marquez advised Council this is just in the packet for review. The Seguin City
Council has already approved it.
Mr. Douglas moved to approve the Schertz/Seguin Local Government Corporation
budget for FY 2003/2004. Mr. Wilenchik seconded the motion, which carried with the
following votes:
AYES: Councilmembers Douglas, Simonson and Wilenchik, and Mayor Pro- Tem
Greenwald.
NAYS: None.
#25 2003 TAX ROLL: Consider and take action approving 2003 Tax Roll.
Mr. Marquez mentioned that we have to formally approve the tax roll every year. The
total this year is $1,231,083,652. Mayor Pro-Tern Greenwald added it's normally
provided in July, but you have to take into consideration all those who contested their
taxes.
Mr. Wilenchik moved to approve the 2003 Tax Roll in the amount of $1,231,083,652.
. Mr. Simonson seconded the motion, which carried with the following votes:
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A YES: Councilmembers Douglas, Simonson and Wilenchik, and Mayor Pro-Tem
Greenwald.
NAYS: None.
#26 PUBLIC HEARING DATE: Consider and take action setting public hearing date
for Specific Use Permit request.
Mr. Marquez noted this is a request from Harold and Linda Reno for a second residential
dwelling at 411 Curtiss Ave.
The City Secretary was asked when a good date would be for the public hearing and she
replied November 18,2003.
Mr. Simonson moved to approve the scheduling of November 18, 2003 for a public
hearing on a Specific Use Permit request from Harold and Linda Reno for a second
residential dwelling at 411 Curtiss Ave. Mr. Wilenchik seconded the motion, which
carried with the following votes:
AYES: Councilmembers Douglas, Simonson and Wilenchik, and Mayor Pro- Tem
Greenwald.
. NAYS: None.
#27 Items by City Manager
General Announcements
Said he was told by Judge Schwab that the Commissioner's Court would most likely vote
to cancel the EMS contract. When asked if we were going to resubmit, Mr. Marquez told
him he didn't know.
Commented they have a document offering a fire contract at $750 per month. He will
reject that if Council has no objections.
Mentioned the City has a policy whereby you have to take all your leave over the
maximum amount of accruable leave allowed by October 1st of each year. There have
been several employees who have not been able to do that and they would like to extend
the date until January 1, 2004. He and John Bierschwale are the biggest offenders. Mr.
Simonson said they have extended it in the past because they want employees to take
their leave. The consensus of Council was to extend the time for those employees to take
their leave until January 1, 2004. Robert Brockman asked if the City doesn't have a
policy whereby someone can give his or her leave to a sick person. Mr. Marquez
answered that raises the issue about subordinates giving their time to a higher person. It
was suggested maybe the City should come up with a better policy.
.
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.
Reassured Council that 30 items is not the regular agenda routine, things just fall that way
sometimes. He will try to limit future agendas.
#28 Items by Council
General Announcements
Councilmember Douglas
Liaison - EDC
Commented on the super efficient service of the EMS Department over the weekend. He
mother had a stroke and he is deeply grateful for their response. Mayor Pro-Tern
Greenwald asked him to put it in writing and he agreed to do so.
Councilmember Simonson
4-B Board
Liaison BVY A
Thanked the Staff for their time and money donated for the ALS walk last weekend.
.
Councilmember Agee
4-B Board
Liaison - Schertz Housing Authority
Liaison - Schertz Library Board.
Mrs. Agee was absent
Councilmember Wilenchik
4-B Board
Liaison - Schertz Humane Society
Liaison - HOA Coalition
Remarked he would be out of pocket next week. Also requested that at the first
workshop in November they discuss the wording of the Tax Abatement Ordinance.
Councilmember Greenwald
4-B Board
Ex-officio - P&Z Commission
Ex-officio - S/SLGC
Noted the Schertz/Seguin Local Government Corporation had their meeting last
Thursday. Well #7 is complete. They are drafting plans for the roadway, gates, etc.
They are doing a pump test on Well #8. Some bad pipe connections were reported.
.
#29 Items by Mayor
General Announcements
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. (Mayor Pro- Tem Greenwald had made his comments under Comments by Council.)
Before adjournment, Amy Madison told anyone who needs tickets for the Business
Appreciation dinner to let her know how many.
#30 ADJOURNMENT
Ther? being no further business to diSCU.~' ..M. ",,;.yor Pi-Tern Greenwald adjourned the
_'g'1935p,m, (7~ ~
Mayor, City of Schertz, Texas
ATTEST:
~~
City Secretary, City of Schertz, Texas
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