ccrg 10-19-2004
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CITY COUNCIL MINUTES
REGULAR SESSION
OCTOBER 19, 2004
The Schertz City Council convened in Regular Session on Tuesday, October
19, 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 Interim City Manager John Bierschwale 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 PROCLAMATION
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Alan Johnson and Dean Shelley were presented a Proclamation declaring the
week of October 8_13th as Employer Support of the Guard and Reserve
Week.
Mr. Johnson said the Ombudsam Program helps support families.
#2 INTRODUCTION OF NEW MUNICIPAL COURT EMPLOYEE
Judge Padgett introduced Fernando Leos as the new Deputy Court Clerk. He
was welcomed by Council.
#3 HEARING OF RESIDENTS
Robert Brockman of 4505 Grand Forrest had the following comments:
· Thank you for the sign at Schertz Parkway (Church).
. John Bierschwale needs a name plate.
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#4 ORDINANCE: Consider and take action on final reading of an
Ordinance Authorizing and Allowing, Under The Act Governing The Texas
Municipal Retirement System, "Updates Service Credits" In Said System On
An Annual Basis For Service Performed By Qualifying Members Of Such
System Who At The Effective Date Of The Allowance Are In The
Employment Of The City Of Schertz; Providing For Increased Prior And
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. Current Service Annuity Reserve At Retirement Of The Employees Of The
City; And Establishing An Effective Date For The Ordinance.
Mayor Baldwin introduced Ordinance No. 04-M-33 and read the caption as
listed above.
Mr. Brischwale reported nothing new regarding the Ordinance.
Councilmember Douglas moved to approve the first reading of Ordinance
No. 04-M-33. Mr. Greenwald seconded the motion, which carried with the
following votes:
AYES: Councilmembers Douglas, Agee, Wilenchik and Greenwald.
NAYS: None
ABSTENTIONS: Councilmember Simonson
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#5 PUBLIC HEARING: To receive citizen comments on request for
Specific use Permit for Block 1, lot 14, Schertz Business Park (132
Commercial Place) to allow for an OfficelWarehouse facility for a food
distribution center, located in the Air Installation Compatible Use Zone
(AICUZ).
Mayor Baldwin explained the procedures to be followed for the public
hearing.
Mr. Bierschwale had no comments.
Amy Madison, Community Development Director, commented the location
will be used for a food distribution center off FM 1518. It is already zoned
appropriately.
Mayor Baldwin closed the public hearing at this time.
#6 Consider and take action on above request for Specific Use Permit
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Mr. Greenwald moved to approve the Specific Use Permit as listed above.
Mr. Wilenchik seconded the motion which carried with the following votes.
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. AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and
Greenwald.
NAYS: None
#7 PUBLIC HEARING: To receive citizen comments on request to
rezone 11.867+ acres from General Business (GB) to Residential-S (R-S).
The property is located at the northwest quadrant of Schertz Parkway and
Live Oak Road.
Mayor Baldwin again explained the procedures to be followed for the public
hearing.
Mr. Bierschwale had nothing to report.
Mrs. Madison pointed out the location on the map. She explained that
Planning and Zoning voted in favor of it S-l. It was postponed temporarily
so they could look at the plans for Live Oak Road and Maske Road.
. There being no further questions or comments, Mayor Baldwin closed the
public hearing.
#8 ORDINANCE: Consider and take action on first reading of Ordinance
rezoning 11.867+ acres from General Business (GB) to Residential-S (R-S).
The property is located at the northwest quadrant of Schertz Parkway and
Live Oak Road.
Mayor Baldwin 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 11.867 ACRES OUT OF
GUADALUPE COUNTY FROM GENERAL BUSINESS (GB) TO
RESIDENTlAL-5 (R-5).
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. Mr. Douglas moved to approve the rezoning of 11.867 acres from General
Business (GB) to Residential-5 (R-5). Mr. Wilenchik seconded the motion,
which carried with the following votes;
AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and
Greenwald.
NAYS: None
#9 PUBLIC HEARING: To receive citizen comments on request rezoning
5.820 (publication error on acreage 6.054) acres ofland from Neighborhood
Services (NS) and Residential-l (R-l) to General Business (GB). The
property is located on the west side ofFM 3009, approximately 380 degrees
south ofDimrock. (This Public Hearing Cancelled)
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Mr. Douglas moved to cancel the public hearing on a request to rezone the
5.820 acres from Neighborhood Services (NS) and Residential-l (R-l) to
General Business (GB). (Cancellation due to publication error). Mr.
Greenwald seconded the motion which, carried with the following votes:
AYES: Councilmembers Douglas, Simsonson, Agee, Wilenchik and
Greenwald.
NAYS: None
#10 Consider and take action setting Public Hearing date of November 2,
2004 on request to rezone 5.820 acres of land from Neighborhood Services
(NS) and Residential-l (R-l) to General Business (GB). The property is
located on the west side of FM 3009, approximately 380 degrees south of
Dimrock.
Mrs. Agee moved to set a public hearing date of November 2, 2004 on the
request to rezone 5.820 acres from Neighborhood Services (NS) and
Residential 1 (R-l) to General Business (GB). Mr. Simonson seconded the
motion, which carried with the following votes:
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AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and
Greenwald.
NAYS: None
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# 11 Consider and take action regarding proper reporting as mandated by
TCLEOSE (Texas Commission On Law Enforcement Officer Standards and
Education) and Department staffing.
Mayor Baldwin commented the need to correctly report for the record was
discussed with Chief Starr last week.
Mrs. Agee moved to approve the proper reporting as mandated by
TCLEOSE and Department staffing. 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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#12 ORDINANCE: Consider and take action on first reading of Ordinance
repealing Chapter 10, Article VII, Garage Sales, Specifically Ordinances 02-
L-6, 92-L-ll, 01-L-4 and 90-L-24, and adding a new Chapter 10, Article
VII, Garage Sales; Establishing a penalty; repealing conflicting Ordinances;
providing for severability; and establishing an effective date.
Mayor Baldwin introduced the Ordinance and read the caption as listed
above.
Mr. Bierschwale had nothing new to report.
Mayor Baldwin noted the $50.00 fee is still there for HOA signs and the
signs have to be posted at the location of the garage sale. Mrs. Madison
remarked they had made the corrections to the Ordinance as requested.
Mr. Douglas did not agree with the $50.00 fee for HOA garage sale permits.
He thinks it's outrageous.
Mr. Wilenchik didn't think we needed an Ordinance at all and said we
should do away with the permits.
. Mr. Greenwald thought the $50.00 fee for HOA's was reasonable since there
are a group of people that can share the cost.
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Mr. Simonson mentioned there was no lawyer involved when the Sign
Ordinance was first written and it was a complicated document to write.
Mr. Wilenchik still thought garage sales are over regulated and Mayor
Baldwin told him to remember when it was unregulated.
Mrs. Agee said maybe people will think of this as a penalty for having too
many.
Mr. Greenwald moved to approve the first reading of Ordinance repealing
Chapter 10, Article VII, Garage Sales, Specifically Ordinances 02-L-6, 92-
L-ll, 01-L-4 and 90-L-24, and adding a new Chapter 10, Article VII,
Garage Sales; Establishing a penalty; repealing conflicting Ordinances;
providing for severability; and establishing an effective date. Mrs. Agee
seconded the motion, which carried with the following votes:
AYES: Councilmembers Simonson, Agee and Greenwald.
. NAYS: Councilmembers Douglas and Wilenchik
#13 ORDINANCE: Consider and take action on first reading of Ordinance
repealing a Tax Abatement Ordinance 98-T-12 (Alamo Packaging) and
Reassignment of Tax Abatement to Safeguard Security Services, Ltd.
Mayor Baldwin introduced an Ordinance and read the caption as listed
above.
Mrs. Madison stated they are glad to welcome this company into the area.
Steve Simonson moved to approve the first reading of an Ordinance
repealing a Tax Abatement Ordinance 98-T-12 (Alamo Packaging) and
Reassignment of Tax Abatement to Safeguard Security Services, Ltd. Mrs.
Agee seconded the motion, which carried with the following votes:
AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and
Greenwald.
. NAYS: None
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#14 Consider and take action setting public hearing date of November 16,
2004 on request to rezone 19.009+ acres from Residential/Agricultural (RA)
to General Business (GB). (Applicant Henry Christopher)
Mrs. Madison advised the area is located on the southwest corner of FM
1518 and Ware-Seguin Road. It is part of the Schertz Forest development.
The frontage is zoned General Business (GB).
Mr. Greenwald moved to set a public hearing date of November 16, 2004 on
request to rezone 19.009+ acres from Residential/Agricultural (RA) to
General Business (GB). Mr. Wilechik seconded the motion, which carried
with the following votes:
AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and
Greenwald.
NAYS: None
. #15 Consider and take action setting public hearing date of November 16,
2004 on request for Specific Use Permit allowing a residential use in
General Business (GB) District. (Applicants Alan & Barbara Muzny)
Mrs. Madison explained the applicants are homeowners who purchased the
property and didn't realize it was zoned General Business (GB). They are
requesting a Specific Use Permit.
Mr. Greenwald moved to approve the public hearing date of November 16,
2004 on request for Specific Use Permit allowing a residential use in general
Business (GB) District. (Applicants Alan and Barbara Muzny). Mr.
Simonson seconded the motion, which carried with the following votes:
AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and
Greenwald.
NAYS: None
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. #16 Consider and take action regarding mail out on Tax Freeze Issue.
Mr. Bierschwale reported that City Attorney, Michael Spain, made some
corrections to the publication.
Mr. Wilenchik mentioned this only affects 9% ofthe people.
Mayor Baldwin questioned if you own a home in Schertz do you have to live
there to be entitled to the tax freeze exemption. He was told that's correct.
Council stressed we need to get the document published and mailed out.
Mr. Douglas moved to publish and mail out the document as soon as
possible. Mr. Wilenchik seconded the motion, which carried with the
following votes:
AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and
Greenwald.
. NAYS: None
#17 Items by Interim City Manager
General Announcements
. Reminded Council October 31, 2004 is the night of Trunk or Treat.
. Stated he will provide a schedule to Council for the TML convention.
Dudley Wait will be the acting City Manager through Friday
afternoon and after that Judge Padgett will be acting City Manager.
. Mentioned the floor plan for the new Council Chambers has been
revised.
. Advised James Schindler has accepted the PIO position at the school
district. He has done a wonderful job here and will be missed. Mr.
Schindler was present and said he had enjoyed his time with the City.
# 18 Items by Council
General Announcements
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Councilmember Douglas
Liaison - EDC
Liaison - Schertz Library Board
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. Asked the status of the Arroyo sign. Mr. Bierschwale replied
discussion of it will be on the next Council workshop.
Mayor Pro-Tern Simonson
4-B Board
Liaison BVY A
. Said he would appreciate it if people would be as accurate as possible
when it comes to their comments.
Councilmember Agee
4- B Board
Liaison - Schertz Housing Authority
Mrs. Agee had nothing to report.
.
Councilmember Wilenchik
4- B Board
Liaison - Schertz Humane Society
Liaison - HOA Coalition
Ex- officio - TSAC
. Reported that a retired Air Force Lt. Colonel, involved in soccer and
volleyball, is looking at a parcel of property across from Borgfeld Rd.
The volleyball courts will cost about two million dollars and he can't
afford it himself. He wants to build a Youth Center (non-profit
agency) and would like to brief Council on this project. Maybe it
could be in concert with BVY A. Mayor Baldwin commented they
could put him on a future agenda.
Councilmember Greenwald
4- B Board
Ex-officio- P&Z Commission
Ex-officio- S/SLGC
Mr. Greenwald had nothing to report.
. # 19 Items by Mayor
General Announcements
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. Reminded Council they have an invitation to the ROAD open house.
#20 EXECUTIVE SESSION: Called under Chapter 551, Texas
Government Code, Section 551.074 Personnel Matters: Appointments,
employment, evaluation, reassignment, duties, discipline, or dismissal of the
City Manager. Discussion of employment of new City Manager, including
qualifications and search process.
a. Discussion and possible action on the subject of the above Executive
Session.
b. Discussion and possible action on compensation adjustment for
Interim City Manager.
At this time Council took a short break and moved to the conference room
for the Executive Session.
An executive session was held from 8:05 p.m. until 8:40 p.m.
. #21 Discussion and possible action on the subject of the above Executive
Session.
Mr. Greenwald moved to compensate Interim City Manager, John
Bierschwale, the same salary as the previous City Manager and backdate it
to the time when he took over as Interim City Manager. Mr. Wilenchik
seconded the motion, which carried with the following votes:
AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and
Greenwald.
NAYS: None
#22 ADJOURNMENT
There being no further business to discuss, Mayor Baldwin adjourned the
meeting at 8:42 p.m.
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ATTEST:
~ attk<4fV
City Secretary, City of Schertz, Texas
Mayor, City of Schertz, Texas
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