ccrg 11-16-2004
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CITY COUNCIL MINUTES
REGULAR SESSION
NOVEMBER 16, 2004
The Schertz City Council convened in Regular Session on Tuesday, November 16,2004
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, Reginna Agee, Tony Wilenchik and Ken Greenwald. Those
staff members present were Interim City Manager John Bierschwale and City Secretary
Norma Althouse.
Mayor Baldwin welcomed everyone, particularly the government students and
Commissioner Jim Wolverton, and asked them to rise and join him in the Pledge of
Allegiance to the Flag.
#1 RECOGNITION OF ANIMAL CONTROL DEPARTMENT
Police Chief Starr brought Zack Douglas forward and announced he won the award for
Animal Control Officer of the Year.
Chief Starr then announced that the Schertz Animal Control Shelter had been awarded
the best shelter in the State and brought Heather Barker, Animal Control .supervisor,
. forward for recognition.
Chief Starr also mentioned that Captain Beverly Todd had completed Law Enforcement
Management Training.
Everyone received congratulations from Council and a round of applause from the
audience.
#2 HEARING OF RESIDENTS
David Markel of Cibolo stated he was here to speak about item #20 on the agenda and
would wait until that item comes up.
Robert Brockman of 4505 Grand Forrest brought up the fact again there is no sign at
Schertz Parkway and Live Oak Road.
#3 APPROV ALOF MINUTES: City Council Regular Session-August 3, 2004
City Council Workshop Session-August 11,2004
City Council Special Session-August 15, 2004
Mr. Greenwald moved to approve the minutes of the Regular Session of 8-03-04, the
Special Workshop Session of8-ll-04 and the Special Session of8-15-04. Mr. Wilenchik
. seconded the motion, which carried with the following votes:
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. AYES: Councilmembers Douglas, Simonson, Wilenchik and Greenwald.
NAYS: None
ABSTENTIONS: Councilmember Agee
#4 PUBLIC HEARING: To receive citizen comments on proposed annexation of
approximately 37.4 acres adjacent to existing City limits, adjacent and between
Northcliffe and Scenic Hills Subdivision, Project 1 (North cliffe Area).
Mayor Baldwin explained the procedures to be followed for the public hearing.
Mrs. Amy Madison, Community Development Director, pointed out the location of the
proposed annexation on the map.
Phil Hague of l0524 Olympic Field Loop in Austin stated all the land around his
property is already annexed. His porperty has been in his family for l50 years.
There being no further questions or comments, Mayor Baldwin closed the public hearing
at 7:l0 p.m.
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#5 PUBLIC HEARING: To receive citizen comments on proposed annexation of
14.30 acres located adjacent to existing City limits, known as Old Wiederstein Road,
Project 2 (Old Wiederstein Road).
Mayor Baldwin explained the procedures to be followed for the public hearing.
Mrs. Madison pointed out the location of the proposed annexation on the map.
Lincoln Codierre of 19094 Old Wiederstein Road mentioned there are issues with the
road and with drainage. What has changed? He was told they wouldn't use the road for
construction traffic, but they are using it. With all the construction, there are a lot of
safety issues.
Ruben Hernandez of l8067 Wiederstein Road asked what the future plans are. He feels
they are being ignored. Mayor Baldwin explained they feel it is necessary to get control
of the right-of-way to the south of Cibolo's ETJ.
There being no further questions or comments, Mayor Baldwin closed the public hearing
at 7:20 p.m.
#6 PUBLIC HEARING: To receive citizen comments on proposed annexation of
119.44 acres located adjacent to existing City limits line parallel to Maske Road at
FM 1518, Project 3 (Maske Road).
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Mayor Baldwin explained the procedures to be followed for the public hearing.
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Mrs. Madison pointed out the location on the map ofthe proposed annexation.
Bob Maze, P.O. Box 327, spoke at this time, saying he lives on the creek side and asked
when his property came into the ETJ of Schertz. Mayor Baldwin answered that came
about last year in a land swap between Schertz, Selma and Universal City.
Mr. Maze went on to say most of the land is in the fly zone and you can't build out there
except for businesses. What are the benefits of them being annexed into the City limits?
Mayor Baldwin answered fire protection for one thing. Mr. Maze then wondered if
there's any proposal for them to have City of Schertz water. Mr. Bierschwale indicated
water service now stops at Windy Meadows.
Mr. Maze asked when the annexation would take place and was told by City Attorney,
Michael Spain, at the end of the year. December l, 2004 is the date for the second public
hearing.
Mr. Maze then inquired what they're getting for their money and Mayor Baldwin replied
Fire, Police and EMS services.
Mrs. Ruby Biegert, referring to property at 3112 N FM 15l8, mentioned they have a l32-
acre farm in the Universal City ETJ. Why can't Schertz take them in? Mayor Baldwin
replied they would have to talk with Universal City about that.
Malford Ackermann of 320 Maske Rd briefly mentioned concern about the future of the
soccer fields.
There being no further questions or comments, Mayor Baldwin closed the public hearing
at 7:20 p.m.
#7 PUBLIC HEARING: To receive citizen comments on proposed annexation of
approximately 216,77 acres located adjacent to existing City limits between FM
2252, FM 482 and Union Pacific Railroad, Project 4 (FM 2252 area).
Mayor Baldwin explained the procedures to be followed for the public hearing.
Mrs. Madison pointed out the location on the map of the proposed area for annexation.
Fritz Schlather of l095 FM 1103 in Cibolo mentioned this annexation has been talked
about by the three previous City Managers and IH-35 is begging for sewer. He would
like to see the City help them out by doing some engineering. He would be glad to speak
with the property owners.
Mayor Baldwin commented they have some sewer plans for that area. Mr. Bierschwale
advised they are preparing a lift station. Mr. Bierschwale invited Mr. Schlather to come
by and look at their maps of the area.
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Fred Deazy of7530 FM 482 remarked he has 4 acres. He wondered if there would be a
lot of restrictions and asked when the Proposition 13 tax freeze would go into effect.
Mayor Baldwin told him the surrounding area is already zoned Residential/Agricultural
and the tax freeze goes into effect on January l, 2005.
There being no further questions or comments, Mayor Baldwin closed the public hearing
at 7:39 p.m.
#8 PUBLIC HEARING: To receive citizen comments on proposed annexation of
approximately 224.40 acres located adjacent to existing City limits line between FM
482 and Interstate 35 near Hubertus Road, Project 5 (Hubertus Road Area),
Mayor Baldwin explained the procedures to be followed for the public hearing.
Joanne Harris, address not given, questioned if there would be sewer and Mr.
Bierschwale told her yes, on down the road.
Joe Blackeral, address not given, related he has a house and a farm in the area. He called
the City of Schertz asking where the sewer line stops. Mr. Bierschwale said the City, in
conjunction in with Forbes and the Comal lSD, put the line in.
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Mayor Baldwin pointed out that with annexation the residents would receive Police, Fire
and EMS services.
Mr. George Castillo, address unknown, asked if they would also have garbage services
and was told they would.
There being no further questions or comments, Mayor Baldwin closed the public hearing
at 7:48 P.M.
#9 PUBLIC HEARING:'To receive citizen comments on proposed annexation of
approximately 163.38 acres located adjacent to existing City limits line between
Interstate 35 and Union Pacific Railroad near Friesenhahn Road, Project 6
(Friesenhahn Road area).
There being no questions or comments Mayor Baldwin closed the public hearing at 7:57
p.m.
#10 PUBLIC HEARING: To receive citizen comments on rezoning of 19.009+
acres from Residential/Agricultural (RA) to General Business (GB), Tract located
at the Southwest corner of Ware-Seguin Road and FM 1518.
Mayor Baldwin explained the procedures to be followed for the public hearing.
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Amy Madison, Community Development Director, pointed out the location on the map.
The area is close to l-lO frontage and is part of Schertz Forest Development. A small
portion is not being rezoned, it belongs to the person across the street.
There being no further questions or comments, Mayor Baldwin closed the public hearing
at 7:59 p.m.
#11 ORDINANCE: Consider and take action on first reading of Ordinance
rezoning 19.098 acres from Residential/Agricultural (RA) to General Business (GB).
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 19.098 ACRES OUT OF BEXAR COUNTY FROM
RESIDENTIAL/AGRICULTURAL (RIA) TO GENERAL BUSINESS (GB) AND
REFLECTING SUCH CHANGES ON CERTAIN ZONING MAPS IN
ACCORDANCE WITH THE SHERTZ UDC ORDINANCE.
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Mr. Greenwald moved to approve the first reading of the Ordinance as stated in the
caption above. Mr. Douglas seconded the motion, which carried with the following
votes:
AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald.
NAYS: None
#12 PUBLIC HEARING: To receive citizen comments on Specific Use Permit
request to allow residential use in General Business District, The property (49.341+
acres) is located on IH-I0, east of Gray town Road.
Mrs. Madison advised the property is located between Gray town Rd and Pfeil Rd. on two
acres. They have already been issued a Certificate of Occupancy.
There being no further questions or comments, Mayor Baldwin closed the public hearing
at 8:0l p.m.
#13 SPECIFIC USE PERMIT: Consider and take action on above request for a
Specific use Permit.
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Mr. Greenwald moved to approve the request for a Specific Use Permit to allow
residential use in a General Business District. The property (49.341 + acres) is located on
IH-IO, east of Gray town Road. Mrs. Agee second the motion which carried with the
following votes:
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AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald.
NAYS: None
At this time Council took a short recess from 8:03 p.m. to 8:l1 p.m.
#14 Consider and take action regarding request for funds, Corridor Hotel, Ltd.
Mr. Bierchwale reported there have been no changes since this was discussed at the
workshop.
Mr. Greenwald moved to approve the request for funds for Corridor Hotel, Ltd. Mr.
Wilenchik seconded the motion, which carried with the following votes:
AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald.
NAYS: None
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#15 ORDINANCE: Consider and take action on first reading of Ordinance
establishing a new Tax Abatement and Tax Abatement Agreement with 6413 Tri-
County Parkway, Ltd,
Mayor Baldwin introduced an Ordinance and read the caption as follows:
ORDINANCE
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, REPEALING
TAX ABATEMENT AGREEMENT FOR AND WITH SCHERTZ VP PARTNERS,
LTD" AND ESTABLISHING A NEW TAX ABATEMENT ORDINANCE AND
TAX ABATEMENT BY THE CITY COUNCIL FOR AND WITH 6413 TRI-
COUNTY PARKWAY, LTD., A PROPERTY OWNER IN THE CITY OF
SCHERTZ.
Mr. Douglas moved to approve repealing a tax abatement agreement for and with Schertz
VP Partners, Ltd., and establishing a new Tax Abatement Ordinance and Tax Abatement
by the City Council for and with 6413 Tri-County Parkway, Ltd., a property owner in the
City of Schertz. 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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# 16 Consider and take action amending FY 2004/2005 budget: Re-appropriation of
funds to purchase citations/warning tickets and authorization to purchase Electronic
Traffic Citation Equipment.
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Mayor Baldwin explained this is for traffic control citation equipment. Mr. Bierschwale
commented there had been no changes since it was discussed last week at the workshop.
Mr. Greenwald moved to re-appropriate funds to purchase citations/warning tickets and
authorize the purchase Electronic Traffic Citation Equipment. Mr. Wilenchik seconded
the motion which carried with the following votes:
A YES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald.
NAYS: None
#17 ORDINANCE: Consider and take action on first reading of Ordinance
establishing a new Municipal Court Technology Fund.
Judge Padgett related they did away with the sunset clause, which was contained in our
old Ordinance. Mayor Baldwin introduced an Ordinance and read the caption as follows:
ORDINANCE
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS REPEALING
ORDINANCE NO, 99-M-20, MUNICIPAL COURT TECHNOLOGY FUND, AND
ESTABLISHING NEW ORDINANCE FOR A MUNICIPAL', COURT
TECHNOLOGY FUND; PROVIDING FOR THE ASSESSMENT, AND
COLLECTION OF A MUNICIPAL COURT TECHNOLOGY FEE; PROVIDING
FOR SEVERABILITY; PROVIDING FOR PUBLICATION, AND PROVIDING A
REPEALING CLAUSE,
Mrs. Agee moved to approve the first reading of an Ordinance for a Municipal Court
Technology Fund; providing for the assessment and collection of a Municipal Court
Technology Fee; providing for severability; providing for publication, and providing a
repealing clause. Mr. Greenwald seconded the motion, which carried with the following
votes.
AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald.
NAYS: None
#18 BID AWARD: Consider and take action awarding bid regarding Controlled
Access Locking System.
Mr. Bierschwale explained this system would be paid for out of part of the homeland
security fund from the Federal Government. There will be electronic locks on every City
door and the cards will be used for ID purposes.
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Councilmember Agee moved to award a bid for the Controlled Access Locking System
to Texas Lock & Door in the amount of $43,875.95. Mr. Douglas second the motion,
which carried with the following votes:
Ayes: Councilmembers Douglas, Simonson, Agee, Wilenchik, and Greenwald.
Nays: None
#19 INTERLOCAL AGREEMENT: Consider and take action on Interlocal
Assistance Agreement (Guadalupe County SWAT).
Councilmember Douglas moved to approve the Interlocal Assistance Agreement
(Guadalupe County SWAT). Mrs. Agee second the motion, which carried with the
following votes:
Ayes: Councilmembers Douglas, Simonson, Agee, Wilenchik, and Greenwald.
Nays: none
#20 ORDINANCE: Consider and take action on first reading of Ordinance amending
Chapter 7 of the Code of Ordinances relating to the Fire Department.
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Mr. Bierschwale recommended they table this item until the Fire Department can come
back with some recommendations.
Mrs. Agee moved to table the first reading of the Ordinance amending Chapter 7 of the
Code of Ordinances, relating to the Fire Department. Mr. Greenwald second the motion,
which carried with the following votes.
Ayes: Councilmembers Douglas, Simonson, Agee, Wilenchik, and Greenwald.
Nays: None
#21 Items by Interim City Manager
General Announcements
· Reported that Evelyn Boggess's husband went into cardiac arrest during the
weekend but has been stablelize for now. He will keep Council apprised of the
situation.
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#22 Items by Council
General Announcements
Councihnember Douglas
Liaison- EDC
Liaison- Schertz Library Board
. Advised he will be attending a TML Human Resources Conference on Friday.
. Inquired when the Elbel Road Ditch Project is scheduled for completion. Mr.
Bierschwale answered by the end of January.
Mayor Pro-Tern Simonson
4-B Board
Liaison BVY A
. Mr. Simonson had nothing to report.
Councilmember Agee
4-B Board
Liason-Schertz Housing Authority
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. Mrs. Agee had nothing to report.
Councilmember Wilenchik
4-B Board
Liaison- Schertz Humane Society
Liaison-HOA Coalition
Ex-officio- TSAC
. Commented he will be speaking to the Dove Meadows HOA tomorrow night.
. Questioned the status of business cards for TSAC. Mr. Bierschwale promised to
check on it.
Councilmember Greenwald
4-B Board
Ex-officio - P&Z Commission
Ex-officio- S/SLGC
. Provided a copy to Council of an interesting e-mail he had received.
#23 Items by Mayor
General Announcements
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. Announced the Chamber of Commerce Holiday Dinner will be held on November
30th.
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#24 ADJOURNMENT
There being no further business to discuss, Mayor Baldwin adjourned the meeting at 8:30
P.M.
. ATTEST:
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City Secretary, City of Schertz, Texas
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