ccreg 11-15-1994
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REGULAR MEETING OF THE CITY COUNCIL
NOVEMBER 15, 1994
The Schertz City Council convened in Regular Session Tuesday
November 15, 1994 at 7:00 p.m. in the council Chambers of
the Municipal Complex, 1400 Schertz Parkway, Schertz, Texas.
The following members were present: Mayor Hal Baldwin,
presiding; Charles McDonald; Joe Potempa; Barbara
Stanhope; Mary Marsh and Ken Greenwald. Staff present were
City Manager Kerry Sweatt and City Secretary June Krause.
Mayor Bqldwin opened the meeting by asking everyone to stand
and join him in the Pledge of Allegiance.
Mayor Baldwin then read and
Mazoch, Commander of VFW
Auxiliary proclaiming the
"Voice of Democracy Week".
presented a proclamation to Dave
Post 8415 and their Ladies
week of November 1-15, 1994 as
Mrs. Mqrsh,
presented a
County Judge
Junior Vice Commander of the 5th District, also
proclamation to Commander Mazoch on behalf of
Sagebiel.
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Commander Mazoch thanked the Council and also the young
people from Samuel Clemens, who each year do real fine in
this program.
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Mayor Baldwin then presented a proclamation to Stacy Pape
and Bobbie Amescua, who represented the Samuel Clemens DECA
Club, proclaiming the week of December 5-9, 1994 as "Free
Enterprise Week".
#1, APPROVAL OF MINUTES: Special meeting of 9-28-94.
", Mrs. Stanhope moved to approve the minutes of the Special
Meeting of September 28, 1994. Mrs. Marsh seconded the
"motion, which carried with the fOllowing vote:
AYES: Councilmembers
Greenwald.
NAYS: None
ABSTAINI~G: Mr. Potempa
McDonald, Stanhope, Marsh and
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#2, HEARING OF RESIDENTS: A. Mr. Ray Wofford, of
1200 Sp~cewood, spoke regarding item #7 an ordinance
calling an election on the issue of imposing a Sales and Use
Tax for economic development purposes and for reduction of
property tax purposes. Mr. Wofford said he had talked with
six people and the thing that bothered him was that he
receive~ six nos. He suggested something has to be done if
this is going to be passed.
Mayor Baldwin answered by saying Council was aware of the
problem and are making every effort to see that the word is
being pa~sed along.
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B. Mr. Philip Ross. an attorney representing George Mower. I
said he was advised by the City Attorney that Council would
be discussing his civil rights claim against the City with
regard to a citation he received under the sign ordinance.
He said he had advised his client that the enforcement of
this was unconstitutional. He went on to say that it was
his experience in civil rights cases that they cost over
$100.000 and that money can be saved by paying Mr. Mower
the amount he is claiming - $50.000. plus attorney fees. He
said that in his opinion. the ordinance is unconstitutional
and they want to be sure that justice is done in this case.
He said the claim also names enforcement personnel. who
violated Mr. Mower's civil rights under the law. He said
the Council should simply amend the ordinance. He was
making them aware of his clients offer.
#3 PUBLIC HEARING: The Council to receive citizen
input on a request by D. Figol for the rezoning of
approximatelY 2.41 acres of land from R-2 to R-4. The
property. Palms Apartments. is bounded by Church Street. FM
78 and the Cibolo Creek.
Dennis Figol was present but had no comments other than the
concern over the FM 78 widening project.
Mayor
p.m.
Baldwin declared the public hearing closed
as there were no persons wishing to comment.
at 7:19
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Mayor Baldwin then asked Council's permission to
item #10 at this time.
#10 EXECUTIVE SESSION: The Mayor called an executive
session under Chapter 551 Texas Government Code. sub-section
551-071 (Al to consult with attorney on pending or
contemplated litigation.
move to
The Regular Meeting was reconvened at 7:44 p.m.
#11 Consider and take action. if any. on the above
executive session.
Attorney Spain explained that he had briefed Council on the
claim by Mr. Mower. described by Attorney Ross. He added
that at this time. he recommended the City Manager forward
the claim to Texas Municipal League Risk Pool. Pending
their response and guidelines. recommended Council not take
any further action this time.
Mayor Baldwin called for a short recess at 7:45 p.m.
The Regular Meeting was reconvened at 7:51 p.m. by Mayor I
BaldWin. who then had to leave and turned the meeting over
to Mayor Pro Tem Joe PotemPa.
#4 ORDINANCE: Mayor Pro Tern Potempa introduced an
ordinance and read the caption as follows:
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AN ORDINANCE
BY ,THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TItXAS, AMENDING THE ZONING ORDINANCE NO.
8~-S-1 BY REZONING 2.41 ACRES OF LAND OUT OF
GtADALUPE COUNTY AND REFLECTING SUCH CHANGES
or CERTAIN ZONING MAPS IN ACCORDANCE WITH
!fIE SCHERTZ ZONING ORDINANCE.
Mrs. }llarsh moved to approve the first reading of an
ordinance amending the zoning ordinance by rezoning 2.41
acres cf land. Mrs. Stanhope seconded the motion, which
carried with the fOllowing vote:
AYES: Councilmembers McDonald, Stanhope, Marsh and
Greenwald
NAYS: ~one
#~ ORDINANCE: Mayor Pro Tern Potempa introduced an
ordinance and read the caption as follows:
AN ORDINANCE
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B' THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS, ADOPTING GUIDELINES AND CRITERIA FOR
T}X ABATEMENT AND RE-INVESTMENT ZONES.
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Mr. S~eatt explained some of the changes in the proposal
and ad~ised the Economic Development commission recommends
the guidelines and criteria be adopted for an additional
two-year period.
Mr. Mctonald asked if it would be appropriate to include an
inflation clause. Mr. Sweatt said we could or could always
go back later and make changes at any time.
Mrs. Stanhope moved to approve the first consideration of
an ordinance adOPting gUidelines and criteria for tax
abatement and re-investment zones. Mr. Greenwald seconded
the motion, which carried as follows:
AYES: Councilmembers McDonald, Stanhope, Marsh and
Greenwald
NAYS: None
#6 ORDINANCE: ,MAYOR PRO TEM POTEMPA INTRODUCED AN
ORDINANCIE AND READ THE CAPTION AS FOLLOWS:
ORDINANCE NO. 94-F-31
AN ORDINANCE AMENDING THE CODE OF
ORDINANCES, CITY OF SCHERTZ, CHAPTER 7 1/2,
EX~IBIT 3, BY ADDING SECTION 8.01,
RE:YCLING, AND SECTION 17c, BILLING AND
COLLECTIONS, AND ADDING ATTACHMENT 1.
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Mrs. Marsh moved to approve the final consideration of an
ordinance amending the Franchise Ordinance with Alamo Waste I
by extending the contract period. Mrs. Stanhope seconded
the motion, which carried with the fOllowing vote:
AYES: Councilmemhers Stanhope, Marsh and Greenwald
NAYS: councllmember McDonald
#7 ORDINANCE: Mayor Pro Tem Potempa introduced and
ordinance and read the caption as follows:
AN ORDINANCE ORDERING AN ELECTION TO BE HELD
IN THE CITY OF SCHERTZ, TEXAS, TO SUBMIT A
PROPOSITION ON THE QUESTION OF THE ADOPTION
OF AN ADDITIONAL SALES AND USE TAX UNDER THE
PROVISIONS OF SECTION 4A, AS AMENDED, OF THE
DEVELOPMENT CORPORATION ACT OF 1979 AND ON
THE QUESTION OF THE ADOPTION OF AN
ADDITIONAL SALES AND USE TAX FOR AD VALOREM
TAX RELIEF; MAKING PROVISION FOR THE
CONDUCT OF THE ELECTION AND RESOLVING OTHER
MATTERS INCIDENT AND RELATED TO SUCH
ELECTION; AND PROVIDING AN EFFECTIVE DATE.
Mr. Sweatt recalled that this has been discussed on several
occasions and is a two fold proposition - a 1/4 cent sales I
tax for economic development and 1/4 cent sales tax for
property tax relief purposes. This is scheduled for one of
the standard election dates prescribed by law. We have
scheduled a number of meetings with qlvic organizations and
asked for assistance in getting this information to the
publiC. Early voting begins on January 2nd and runs through
the 17th, with the election ~ing held at the Community
Center on January 21, 1994. We ~ill be putting articles in
the newsletter and will be addressing various groups,
including the Mayor's Forum on the 22nd.
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Mr. McDonald moved to approve the first
ordinance calling an election for January
Stanhr.>e seconded the motion, which carried
reading of an
21, 1994. Mrs.
as follows:
AYES: Councilmembers
Greenwald
NAYS: None
McDonald,
Stanhope, Marsh
and
118 INTEROOVERIOIBNTAL AGREEMDIT Ir~ Consider and take
action to authorize City Manager to 81gn Intergovernmental
Agreement with Bexar County for CDBG Grant.
Mr. Sweatt said we are pleased to announce the award of a
Bexar County Grant in the ~unt of $148,860 for our ADA I
projects. Upon Council authorization, he would sign the
agreement and they will begin the design work for the curb
cuts and rest room changes.
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Mr. M(:Donald moved to authorize the City Manaqer to sign
the In1;ergovernmental Agreement with Bexar County for CDBG
Grant. Mrs. Stanhope seconded the motion, which carried
with tho following vote:
AYES: Councilmembers McDonald, Stanhope, Marsh and
Greenwa:,d
NAYS: lIone
Mayor Pro Tern Potempa said he was very happy to see
come ahout, as we have a large number of people in
communi1;y using wheelchairs or otherwise handicapped.
this
our
#Y APPOINTMENT: Consider and take action
apPoint;.ng a member to the Planning & Zoning Commission.
Mr. SHeatt reminded that Council has a recommendation from
the Planning & Zoning Commission to appoint Ernest Evans.
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Mr. Gl'eenwald advised they had interviewed three people,
all of \/hich would have filled the bill,
Mr. Gn,enwald moved to appoint Ernest Evans
Commiss:,on. Mrs. Stanhope seconded the
carried with the following vote:
Jr. to the P&Z
motion, which
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AYES: Councilmembers McDonald. Stanhope, Marsh and
Greenwa:d.
NAYS: lIone
#,2 CITY MANAGER'S REPORT: A. Announced that Pfeil
Road i$ under construction and will be closed for four days
for c~ncrete drainage repairs. Notices are being
distribllted to residents in the area.
B. Rec~ived notice from Buffalo Valley Youth Association of
their Opening Day Ceremonies for the 1994-95 Basketball
Season taking place on November 19 at 9:30 a.m. in the
Corbett Junior High School gym. Everyone is invited.
#:,3 ITEMS BY COUNCIL: Mrs. Stanhooe: A. Saturday
will be a busy day for there will also be the Senior Citizen
Craft lLnd Art Show at the Community Center, with Judging at
9:00 a.II.
B. The Buffalo Valley Lions Club will have a bake sale that
day stal'ting at 8:00 a.m. in front of Wuests store.
Mr. G~eenwald:
signed up 250
later.
A. Concerning BVYA Basketball, they have
already and there will be more Signing up
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B. ReIlinded everyone to be here at 7:00 p.m. on November
2Znd fOl' the Mayor I s Forum.
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C. John Bierschwale and Mr. Greenwald attended the Canyon
Regional Water Authority meeting the previous night and he
will be getting the minutes to Council next week. The plant
is obviously running well, they even had to cut down on some
of the chemicals.
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#14 ITEMS BY MAYOR: Mayor Pro Tern Potempa request
that an item on River Road be placed on the next agenda.
Mr. . Sweatt reminded Council of the Employees Award Program
and Dinner on December 2nd.
#15 ADJOlJRJll.6.~...: On a motion by Mrs. Marsh, seconded
by Mrs. Stanhope and carried with azu animous vote, the
meeting was declared adjourned at 8:13 p. .
Q!dL~~~
Mayor ~ I J, City of Schertz
ATTEST:
City Secretary, City of Schertz
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