ccrg 05-17-2005
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COUNCIL - REGULAR SESSION
Tuesday, May 17, 200S
The Schertz City Council convened in regular session on Tuesday, May 17, 200S at
7:00 pm in the Municipal Complex Council Chambers, 1400 Schertz Parkway,
Schertz, Texas. The following members were present: Mayor Hal Baldwin
presiding, Council Members Carl Douglas, Reginna Agee, Tony Wilenchik,
Simonson and Ken Greenwald. Interim City Manager John Bierschwale and
Deputy City Secretary Mary Ybarra.
Mayor Baldwin welcomed everyone and called the meeting to order at 7:00 pm, and
asked everyone to rise and join him in the Pledge of Allegiance to the Flag.
Mayor Baldwin introduced Mr. Don Taylor, new city manager, and announced that this
evening the City would be saying farewell to a long time friend and Council Member and
welcoming a new Council Member.
#1 PROCLAMATION AND RECOGNITION OF EMS EMPLOYEES
Mayor Baldwin read proclamation proclaiming the week of May 15-21, 2005 as
Emergency Medical Service Week in the City of Schertz. Dudley Wait, EMS Director
accepted proclamation on behalf of the Department.
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At this time, Mayor Baldwin read proclamation proclaiming the week of May 15-21,
2005 as National Law Enforcement Week and proclaimed May 17, 2005 as Law
Enforcement Appreciation Day in the City of Schertz.
Chief Starr accepted on behalf of the department and read a list of fallen officers for the
State of Texas.
#2 PRESENTATION-SCHERTZ POLICE DEPARTMENT
Chief Starr stated that in recognition of National Law Enforcement Week he would like
to recognize past and present officers who have dedicated themselves to the City of
Schertz and honor them on this day. He provided a brief account (year of incident) on
each officer. The following were recognized:
Officer Jones-received an Outstanding Commendation Award and pin - June 28, 2002
Officer Nixon received a purple heart - June 28, 2002
Kim Lewinski received a purple heart- September 9, 2001
Mac Sorley received a purple heart -September 10, 1985
Officer Kunz received a silver star- March 4, 200S
#3 PRESENTATION: TEEN COURT SCHOLARSHIP
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Judge Padgett recognized four outstanding students from Samuel Clemens High School
as scholarship recipients. These four students have demonstrated a high-level of
commitment to the community, as well as maintaining academic standards. The
following students received a $500.00 scholarship:
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. Christopher Lyon
. Lindsey Mantor
. Jessica Frego
· Bradley Claus
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#4 HEARING OF RESIDENTS
Robert Brockman 1000 Elbel made the following comments:
. Reported that meeting held at I :00 p.m. with Cuellar's office did not have a very
good turn out.
. Grant money for Library's has been released, and believes if the City works on it,
can get some grant money.
· Inquired if the matter with Shipley Douglmuts has been resolved.
#5 APPROVAL OF MINUTES: Special Workshop Session-April 27, 2005
Council Member Greenwald moved to approve the minutes of Workshop Session, April
27, 2005. Council Member Douglas seconded the motion, which carried with the
following votes:
AYES: Council Members Douglas, Simonson, Agee, Wilenchik and Greenwald.
NAYS: None
#6 ORDINANCE: Consider and take action on fmal reading Ordinance .
rezoning 61.295 acres from Pre-Development District (pD, General Business (GB)
and ApartmentlMulti/Family Residential (R-4) to single-Family Residential (R-7).
Mayor Baldwin introduced an ordinance and read caption as follows:
ORDINANCE NO. 05-S-20
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AMENDING THE UNIFIED DEVELOPMENT CODE
(UDq ORDINANCE No. 96-S-28 BY REZONING 61.295:1: ACRES OUT
OF GUADALUPE COUNTY AND PARTIALLY IN COMAL COUNTY,
TEXAS FROM PRE-DEVELOPMENT DISTRICT (PD), GENERAL
BUSINESS DISTRICT (GB), AND APARTMENT/MULTI-FAMILY
RESIDENTIAL DISTRICT-4 (R-4) TO SINGLE-FAMILY RESIDENTIAL-
7 (R-7).
Council Member Douglas moved to approve final reading of Ordinance rezoning 61.295
acres from Pre-Development District (PD, General Business (OB) and
ApartmentlMultilFamily Residential-4 (R-4) to Single-Family Residential-7 (R-7).
Council Member Simonson seconded the motion, which carried with the following votes:
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AYES: Council Members Douglas, Simonson, Agee, Wilenchik and Greenwald
NAYS: None
#7 ORDINANCE: Consider and take action on f'mal reading of Ordinance
regarding Tax Abatement and Tax Abatement Agreement for and with Valero
Diamond, L.P.
Mayor Baldwin introduced an ordinance and read caption as follows:
ORDINANCE NO. OS-T-21
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 VALERO
DIAMOND, L.P., A PROPERTY OWNER IN THE CITY OF SCHERTZ.
Council Member Douglas moved to approve final reading of Ordinance regarding Tax
Abatement and Tax Abatement Agreement for and with Valero Diamond, L.P. Council
member Agee seconded the motion, which carried with the following votes:
AYES: Council Members Douglas, Simonson, Agee, and Greenwald
NAYS: Council Member Wilenchik
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#8 ORDINANCE: Consider and take action on f'mal reading of Ordinance
regarding Tax Abatement and Tax Abatement Agreement for and with Atlee
Schertz, Ltd.
Mayor Baldwin introduced an ordinance and read caption as follows:
ORDINANCE NO. OS-T-22
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS, APPROVING A TAX ABATEMENT AND TAX
ABATEMENT AGREEMENT BY THE CITY COUNCIL FOR AND WITH
ATLEE SCHERTZ, LTD., A PROPERTY OWNER IN THE CITY OF
SCHERTZ.
Council Member Greenwald moved to approve final reading of Ordinance regarding Tax
Abatement and Tax Abatement Agreement for and with Atlee Schertz, Ltd. Council
Member Wilenchik seconded the motion, which carried with the following votes:
AYES: Council Members Douglas, Simonson, Agee, Wilenchik and Greenwald
NAYS: None
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#9 ORDINANCE: Consider and take action on fmal reading of Ordinance
repealing Tax Abatement 04-T-36 and Tax Abatement Agreement for and with
Safeguard Security Services, Ltd. and established a new Tax Abatement Ordinance
and Tax Abatement Agreement for and with Realtex Holding, 3009 L.P.
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Mayor Baldwin introduced an ordinance and read caption as follows:
ORDINANCE NO. OS-T-23
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS, REPEALING TAX ABATEMENT 04-T-36 AND TAX
ABATEMENT AGREEMENT FOR AND WITH SAFEGUARD
SECURITY SERVICES, LTD., AND ESTABLISHING A NEW TAX
ABATEMENT ORDINANCE AND TAX ABATEMENT AGREEMENT BY
THE CITY COUNCIL FOR AND WITH REALTEX HOLDINGS 3009,
L.P., A PROPERTY OWNER IN THE CITY OF SCHERTZ.
Council Member Agee moved to approve final reading of Ordinance repealing Tax
Abatement 04-T-36 and Tax Abatement Agreement for and with Safeguard Security
Services, Ltd. and established a new Tax Abatement Ordinance and Tax Abatement
Agreement for and with Realtex Holding, 3009 L.P. Council Member Greenwald
seconded the motion, which carried the following votes:
AYES: Council Members Douglas, Simonson, Agee, Wilenchik and Greenwald
NAYS: None
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#10 Consider and take action setting public Hearing date of June 7, 200S
regarding Rezone of 26.38S:t acres from Apartment/Multi-Family Dwelling District-
4 (R-4) to General Business (GB).
Council Member Greenwald moved to approve setting public hearing date of June 7,
2005 to rezone 26.385:1: acres from Apartment/Multi-Family Dwelling District-4 (R-4) to
General Business (GB). Council Member Wilenchik seconded the motion, which carried
the following votes:
AYES: Council Members Douglas, Simonson, Agee, Wilenchik and Greenwald
NAYS: None
#11 BID AWARD: Consider and take possible action on awarding bid for Maske
Road Drainage Improvements.
After review, it was determined that R.L Jones was the lowest and best-qualified bid for
the Maske Road Dietz Creek Drainage Improvement project. Public Works and Ford
Engineering recommend awarding bid to R. L. Jones in the amount of$660,785.
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Council Member Wilenchik moved to approve awarding R. L. Jones the bid in the
amount of $660,785 for Maske Road Drainage hnprovement. Council Member
Greenwald seconded the motion, which carried the following votes:
AYES: Council Members Douglas, Simonson, Agee, Wilenchik and Greenwald
NAYS: None
#12 Consider and take action regarding City participation regarding Library
study.
Interim City Manager Bierschwale reminded Council of recommendation decision made
at last workshop session regarding funding half (2,500) of$5,000 to do Library study.
After a brief discussion, it was determined and recommended the City fund the full
amount of$5,000.
Council Member Wilenchik moved to approve to fund the full amount of $5,000 for
Library study. Council Member Douglas seconded the motion, which carried the
following votes:
AYES: Council Members Douglas, Simonson, Agee, Wilenchik and Greenwald
NAYS: None
#13 CANV ASSSING OF ELECTION RETURNS: Consider and take action
. regarding canvassing of election returns for General City Election of May 7, 2005.
Mayor Baldwin introduced an ordinance and read caption as follows:
ORDINANCE NO. 05-E-24
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS CANVASSING THE RETURNS AND
DECLARING THE RESULTS OF THE CITY GENERAL
ELECTION HELD IN SAID CITY ON THE SEVENTH DAY OF
MAY, 2005, AND DECLARING AN EMERGENCY.
Mayor Baldwin reported that official results of City General Election held on May 7,
2005 were received and the results are as follows:
POSITION CANDIDATE VOTES
Council Member, Place 3 James MacSorley 529
Regiuna Agee 709
Council Member, Place 4 Tony Wilenchik 527
Jerry D. Graham 269
. David L. Scagliola 458
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Council Member, Place 5
Michael Carpenter
Ken Greenwald
731
520
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Reginna Agee was declared the winner for Place 3, Tony Wilenchik was declared the
winner for Place 4 and Michael Carpenter was declared the winner for Place 5.
Council Member Douglas moved to approve the election returns for the City General
Election held May 7, 2005 and declaring Reginna Agee the winner for Place 3, Tony
Wilenchik the winner for Place 4 and Michael Carpenter the winner for Place 5. Council
Member Simonson seconded the motion, which carried the following votes:
AYES: Council Members Douglas, Simonson, Agee, Wilenchik and Greenwald
NAYS: None
#14 SWEARING-IN OF ELECTED OFFICALS
Mayor Baldwin gave the Oath of Office to Council Member Reginna Agee, Council
member Wilenchik and Council Member Carpenter and congratulated them on their
victory.
At this time, Mayor Baldwin said farewell to Ken Greenwald and thanked him for the
many years (21 Y2) of service, dedication and contributions to the City.
#15 Items by City Manager
General Announcement
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. Thanked Council and citizens for a super welcome, mentioned he was very
impressed with staffs professionalism.
. Excited to be in the City of Schertz and grateful to council for giving him the
opportunity to serve citizens of Schertz.
#16 Items by Council
General Announcements
Councilmember Douglas
Liaison EDC
Liaison-Schertz Library Board
. Thanked Council for support in funding the Library study.
. Welcomed Mr. Taylor and Mr. Carpenter, looks forward to working with them
both.
Councilmember Simonson
4- B Board
Liaison BVY A
. Welcomed Mr. Taylor and Mr. Carpenter.
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Mayor Pro- Tem Agee
Liaison Schertz Housing Authority
Liaison Guadalupe County Children's Advocacy Center
. Welcomed both Mr. Taylor and Mr. Carpenter, glad to have both on board.
. Reported the Children's Center serviced 25 new cases in April and the center is
looking for new volunteers.
Councilmember Wilenchik
4-B Board
Liaison Schertz Humane Society
Liaison HOA Coalition
Ex-officio- TSAC
Investment Advisor
. Welcomed Mr. Taylor and Mr. Carpenter.
. Met with Debbie Bell, Northcliffe Subdivision regarding grant money for park.
. Reported having two Homeowners Association meetings, June 2nd and 6t1i. Would
like Mr. Taylor to join him at the June 2nd meeting, and noted that Dudley would
join him on the 6th of June meeting.
. Is interested in becoming liaison to the Planning and Zoning Commission.
. Reminder of Doggy Dash 5K run next Saturday, 8:00 am. So far 100 runners and
walkers registered and approximately $5,000 in sponsorship money.
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Councilmember Greenwald
4-B Board
Ex-officio P & Z Commission
Ex-officio SSLG Corp.
. Thanked everyone.
Councilmember Elect Carpenter
. Thanked his family and voters for their support.
. Thanked Mr. Greenwald for his many contributions to the City as well as Mr.
Douglas for bringing forward the matter of funding for the Library Study.
. Welcomed Mr. Taylor.
. Thanked city staff for all their help.
. On Saturday, June 21 sl EMS demos will be held at the Forum.
#17
Items by Mayor
General Announcements
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. Welcomed Mr. Finley to the school board.
· Introduced Gerald Lee, Scoutmaster with troop #51, son working on merit badge.
. Thanked Interim City Manager Bierschwale for all his support and for being a
dedicated role model for the City the last 7 months.
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At this time Council took a short break before going into Executive Session.
#18. EXECUTIVE SESSION: Called under Chapter 551, Texas Government .
Code,
a. Section 551.071, Consultation with City Attorney, pending or
contemplated litigation and
b. Section 551.72 Deliberation regarding real property, and
c. Section 551.074: Personnel Matters: Appointment, employment,
evaluation, reassignment, duties, discipline, or dismissal of the City
Secretary.
An Executive Session was held from 8:10 p.m. - 9:15 p.m.
#19 Action, if any on the subject of the above Executive Session.
No Action was necessary.
#20 RESOLUTION: Consider and take action on Resolution regarding setting a
Public Hearing on the proposed extension of a moratorium on property
development in a platted residential subdivision; approving and authorizing the
publication of a noticed relating to these matters; and matters in connection
therewith.
Mayor Baldwin introduced an Resolution and read caption as follows:
RESOLUTION NO. 05-R-12
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A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ
SETTING A PUBLIC HEARING ON THE PROPOSED EXTENSION OF
A MORATORIUM ON PROPERTY DEVELOPMENT IN A PLATTED
RESIDENTIAL SUBDIVISION; APPROVING AND AUTHORIZING THE
PUBLICATION OF A NOTICED RELATING TO THESE MATTERS;
AND MATTERS IN CONNECTION THEREWITH.
Council Member Agee moved to approve Resolution regarding setting a Public Hearing
on the proposed extension of a moratorium on property development in a platted
residential subdivision; approving and authorizing the publication of a noticed relating to
these matters; and matters in connection therewith. Council Member Simonson seconded
the motion, which carried with the following votes:
AYES: Council Members Douglas, Simonson, Agee, Wilenchik and Carpenter
NAYS: None
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#21 ADJOURMENT
T"'rehcing""furtb<<Im"=M_B"'~hP.m.
Mayor, City of Schertz, Texas
ATTEST:
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