07-15-03
."
i ,
\ ) eITY eOUNeIL MINUTES
"'--
REGULAR SESSION
7-15-03
The Schertz City Council convened in Regular Session on Tuesday, July 15,2003
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, Reginna Agee, Tony Wilenchik
and Ken Greenwald. Staff present were City Manager Mark Marquez and City
Secretary Norma Althouse.
#1 SWEARING-IN OF MAYOR PRO-TEM
Mayor Baldwin swore in Ken Greenwald as the new Mayor Pro- Tem for CounciL
#2 Introduction of new Administrative Asst. in eommunity Development
Department
Amy Madison, Community Development Director, introduced her new
Administrative Asst., Jonette Ellis. She comes to Schertz from Frisco, Texas
-, where she had 9 and 1/2 years experience working for that City. Her husband's
il name is Kelly and he is a Sales Representative for Nike. She also has a son, John,
/ and a daughter, Merrille. Mrs. Madison said they were happy to have her as an
employee and as a resident.
Mrs. Ellis commented she appreciates the opportUnity to work for the City of
Schertz and hopes to enjoy it for a long, long time.
#3 Special Recognition
Mayor Baldwin asked Fire Marshal, Glen Outlaw, and Fire Chief, Elroy
Friesenhahn, to step forward. He then stated Mr. Outlaw had received letters of
commendation from the Texas Engineering Extension Service, from Chief
Friensenhahn and from Mr. Marquez. Mr. Outlaw took the initiative to complete
the lengthy process and apply for the State Homeland Security Program sub-grant.
The City of Schertz was awarded a grant in the amount of $211,995.00. The
amount is larger than most other entities under consideration. The receipt of the
grant will insure that the City of Schertz is able to meet many of its Homeland
Security needs for the future.
Mr. Outlaw received a_ round of applause from those in the audience and then
thanked everyone for the recognition and indicated he had a lot of help from Staff.
Chief Friesenhahn commented Mr. Outlaw put in a lot of hours on the grant and
he's being very modest about his recognition.
310
/ Mr. Marquez noted he was very impressed with the documents and they will
~ J
become part of the Emergency Management Plan at the end of the year. Mr.
Outlaw put in some reality as far as how things work.
#4 HEARING OF RESIDENTS
Robert Brockman of 4505 Grand Forrest said he had nothing to complain about-
he needs input on what he should be doing.
#5 APPROVAL OF MINUTES: Regular Session June 17,2003
Special Workshop Session June 25, 2003
Mr. Simonson moved to approve the minutes, as written, for the Regular Session
of June 17,2003 and the Special Workshop Session of June 25, 2003. Mrs. Agee
seconded the motion, which carried with the following votes:
AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald.
NAYS: None.
#6 PUBLIe HEARING: To receIve citizen comments on request from
. . Franklin Moore for a Specific Use Permit allowing development in the AICUZ.
) Mayor Baldwin explained the procedures to be followed for the public hearing.
Mr. Marquez explained that Mr. Moore has a power-washing company with
clients allover the state of Texas. Planning and Zoning held their public hearing
on June 10, 2003 and recommended approval of the request from Mr. Moore.
There were 17 letters mailed out and one was returned in favor and one was
returned as undeliverable. Staffhas no objections to the request.
Mrs. Madison showed a drawing of the property where Mr. Moore would locate
his business. It will be situated on the northeast comer of Oak Street and Pecan
Street. Prospective businesses locating on three other pads would have to come in
later for requests to develop in the AICUZ.
Mr. Moore distributed brochures containing information about his business. He
began II years ago. His wife runs the office and his brother works with him. It is
a family affair. They have many talented employees all over the state. They deal
mostly with corporate accounts such as Texaco and Shell.
Mayor Baldwin mentioned the City had made Mr. Moore aware of the restrictions
in the AICUZ. Mr. Moore acknowledged that information and then thanked
Council for their time.
,
)
At this time Mayor Baldwin closed the public hearing.
311
) #7 eonsider and take action on request for Specific Use Permit from
Franklin Moore.
Mr. Greenwald moved to approve the request from Franklin Moore for a Specific
Use Permit allowing development in the AICUZ. Mr. Wilenchik seconded the
motion, which carried with the following votes:
A YES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald.
NAYS: None.
After the vote, Mayor Baldwin told Mr. Moore he looks forward to seeing his
truck in Del Rio with Schertz on it.
#8 ORDINANCE: Consider and take action on fmal reading of Ordinance
rezoning 12 acres from General Business (GB) to Apartment Multi-Family
Residential District (R-4) (Legacy Oaks).
Mayor Baldwin introduced an Ordinance and read the caption as follows:
ORDINANCE NO. 03-S-19A
,
) BY THE CITY COUNeIL OF THE eITY OF SeHERTZ, TEXAS
AMENDING THE UNIFIED DEVELOPMENT eODE (UDC),
ORDINANCE NO. 96-S-28, BY REZONING 12 ACRES OUT OF
GUADALUPE COUNTY FROM GENERAL BUSINESS (GB) TO
APARTMENT/MULTI-FAMILY RESIDENTIAL DISTRICT (R-4).
Mr. Marquez reported nothing has changed since the first reading of the
Ordinance. This rezoning is for an apartment complex off of Schertz Parkway.
Mrs. Agee moved to approve the final reading of an Ordinance rezoning 12 acres
from General Business (GB) to Apartment Multi-Family Residential District
(R-4). Mr. Simonson seconded the motion, which carried with the following
votes:
AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald.
NA YS: None.
After the vote, Mr. Marquez asked when they expect to break ground. Mr. John
White, the developer, replied probably sometime in August of this year. Mayor
Baldwin thanked Mr. White for his help with the road.
.~ #9 ORDINANCE: Consider and take action on final reading of Ordinance
regarding speed limits on FM 78.
312
\ ) Mayor Baldwin introduced an Ordinance and read the caption as follows:
ORDINANeE NO. 03-D-20
BY THE eITY COUNCIL OF THE eITY OF seHERTZ, TEXAS
PROVIDING THAT THE eODE OF ORDINANeES OF THE eITY OF
SCHERTZ, TEXAS BE AMENDED BY REVISING SEeTION 18-76,
MAXIMUM LIMITS ON SPEeIFIe STREETS; AND PROVIDING A
REPEALING eLAUSE.
Mr. Greenwald moved to approve the final reading of an Ordinance regarding
speed limits on FM 78. Mrs. Agee seconded the motion, which carried with the
following votes:
AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald.
NAYS: None.
#10 REAPPOINTMENTS: Consider and take action on reappointment and
nomination of Schertz Economic Development Commission members.
Mr. Greenwald moved to reappoint Abbie Brown and Henry Gutierrez to the
Schertz Economic Development Commission. Mrs. Agee seconded the motion,
which carried with the following votes:
AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald.
NA YS: None.
Mr. Marquez brought to Council's attention that four other people had indicated
their willingness to serve and they need to be appointed by Council.
Mr. Greenwald amended his motion to also appoint Klaus D. Weiswurm, Robert
Statzer, Charles McDonald and R.L. "Bob" Vallance, II to the Schertz Economic
Development Commission. Councilmembers Douglas, Simonson, Agee,
Wilenchik and Greenwald all voted unanimously to approve the amended motion.
#11 BY-LAWS: Consider and take action on proposed changes to Exhibit 1 -
By-Laws for Economic Development Commission.
Mrs. Madison explained the changes to Exhibit 1 of the By-Laws are minor.
They involve correction of a misspelled word, correction of semantics to be
consistent throughout the document, and removal of Schertz Parkway Tax
Increment Financing Board of Directors as one of the bodies they coordinate and
communicate with on matters relating to economic development.
313
Mr. Douglas moved to approve the changes to Exhibit 1 of the By-Laws for the
Economic Development Commission. Mr. Wilenchik seconded the motion,
which carried with the following votes:
AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald.
NAYS: None.
#12 Discussion of Tentative Budget Schedule
Mr. Marquez reminded Council they have a copy of the tentative budget schedule
in their packets and asked them to review it. He will present the budget to the
City Secretary by July 31 according to Charter regulations. There will be copies
of the budget in the Council packets.
Mr. Wilenchik asked how we could schedule an emergency reading of the
ordinances on the tax rate and the budget two months before the deadline. Mr.
Marquez indicated passing them on a second reading on September 30th could be
an option. There are, however, certain time constraints as far as required
publications and as far as having the effective budget date as October 1st.
Mr. Greenwald reminded Mr. Wilenchikthis is a tentative schedule.
~;
Mayor Baldwin verified that everyone would be present for the budget workshops
in August.
#13 Items by eity Manager
General Announcements
. Advised he would be out of town on July 23rd and 24th representing the
Schertz/Seguin Local Government Corporation in mediation and might
potentially take a day of vacation on July 25th. Dudley Wait will be
acting City Manager in his absence.
#14 Items by eity Council
General Announcements
Councilmember Douglas
Liaison Schertz EDC
. Thanked Norma Althouse for the copy of the previous sign standards.
After reading it, he could see the reason for its revision.
314
)
Councilmember Simonson
4-B Board
Liaison BVY A
. Noted it's great to get comments in the packets like the ones form Becky
Peterson about the professionalism of the Fire Department. Mayor
Baldwin added how much the Council appreciates the firemen.
Councilmember Agee
4-B Board
Liaison Schertz Housing Authority
Liaison Schertz Library Board
. Reported the Schertz Housing Authority has no vacancies.
. Related the Schertz Library Board met Monday evening. During the
month of-June 55,000 items were checked out. Last June the total was
20,000 items.
Councilmember Wilenchik
4-B Board
jl Liaison Schertz Humane Society
Liaison HOA Coalition
. Mentioned he and Mr. Mrquez and Mr. Greenwald attended a
Homeowners Association meeting in Northcliffe and it was a very good
meeting. They took a tour of the area and found some pretty interesting
things afterwards. There may be a potential problem with two mandatory
Homeowners Associations and one volunteer organization. The volunteer
organization is not going to be able to come forth with funds like the two
mandatory ones. It was, however, a congenial meeting and Mr. Marquez
made some good comments.
Councilmember Greenwald
4-B Board
Ex-officio P&Z Commission
Ex-officio S/SLCG
. Referring to the Homeowners Association in Northcliffe, stated they found
some problems and he's sure Mr. Marquez is in the process of addressing
them. Mr. Marquez said they would start on the situation with the
roadway. Mr. Wilenchik then asked about the drainage and Mr. Marquez
'\ answered there will be a list in the next workshop packet of City
improvement projects. Mr. Wilenchik then asked if there's any kind of
Code that requires that those sidewalks in Northcliffe be completed. They
315
found that some of them stopped and then were continued ten feet later.
Mr. Marquez advised him they accepted the subdivision as is. Perhaps in
the future the sidewalk issue could be addressed. Right now he is more
concerned with health and safety issues.
. Announced the Schertz/Seguin Local Government Corporation meeting is
this Thursday at 1 :30 p.m. in Seguin. Everyone is welcome.
#15 Items by Mayor
General Announcements.
. Mentioned the Big Splash II celebration coming up in Gonzales on
Thursday, July 17th. Transportation arrangements were discussed.
Council took a short break before going into Executive Session.
#16 EXEeUTIVE SESSON: Called under Chapter 551 of the Texas
Government Code, Sub-Sections
551.072 - Deliberation regarding real property; and
551.074 - Personnel Matters - to deliberate evaluation of the City Manager.
An Executive Session was held from 7:45 p.m. until 8:50 p.m.
#17 Action, if any, on above Executive Session.
Mayor Baldwin remarked that although no action is necessary, they had evaluated
the City Manager and he is still the City Manager.
#18 ADJOURNMENT
There being no further business to discuss, Mayor Baldwin adjourned the meeting
at 8:51 p.m.
Mayor, City of Schertz, Texas
ATTEST:
~~
City Secretary, City of Schertz, Texas
316