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ccreg 11-01-05 . MINUTES REGULAR SESSION November 1, 2005 The Schertz City Council convened in Regular Session on Tuesday, November 1, 2005 in the Municipal Complex Council Chambers at 7:00 pm, 1400 Schertz Parkway, Schertz, Texas. The following members were present: Mayor Hal Baldwin presiding, Council Members Carl Douglas, John Trayhan, Regiuna Agee, Tony Wilenchik and Michael Carpenter. Also present were City Manager, Don Taylor, Assistant City Manager John Bierschwale, City Secretary Judy Tokar and City Attorney Michael Spain. #1 CALL TO ORDER: Mayor Baldwin called the meeting to order at 7:00 p.m. #2 HEARING OF RESIDENTS: Mike Wiggins 1319 Mockingbird, Seguin, stated he was a Republican candidate for Guadalupe County Judge and wanted to introduce himself to the Council. Mr. Wiggins goals is to establish a cooperative relationship with the City of Schertz and the surrounding entities in the county. . Sally Macias resident of Scenic Hills said her community was concerned about lack of parks in her area; she was in favor of a regional library and not spend money on a new library in Schertz. Robert Brockman, 1000 Elbel, asked about the closed sign at the disposal waste center at FM 3009 even though it was open to the public. Glenda Moves, 3724 Hull St., she was not in favor of tax abatements to businesses. She asked if the order of the agenda could be changed to allow citizens to be heard at the end of the meeting. Mayor Baldwin opened the public hearing at 7:15 p.m. #3 PUBLIC HEARING: . Rezone 853.681 acres from Residential/Agriculture District (R-A) and General Business (GB) to Planned Unit Development (PUD). The subject property is situated in the Julian Diaz SirrveyNo. 66, Abstract No. 187, the E.R. Evans Survey No. 80, Abstract No. 216, and the Geronimo Leal Survey No. 79, Abstract No. 424, Bexar County, Schertz, Texas. The property is generally located on the west side ofFM 1518 between Lower Seguin Road and Ware Seguin Road. Workshop 11-1-05 14 Nancy McBeth, Planning Director said 61 property owners were notified within 200 feet of the project including City of San Antonio since a portion of the property lies within their ETJ. Staff received two reply letters in favor and one reply letter in opposition. There was a public hearing held with Planning and Zoning on October 11, 2005 but tabled the item in order for the staff and the applicant to address concerns by citizen regarding flooding on Woman Hollering Creek. On October 25, 2005 the Planning and Zoning voted unanimously approving the property to be rezoned from residential/agriculture (RA) district and general business (GB) to planned unit development (PUD). . Ms. McBeth said they were proposing 1,700 housing units, v'-acre lots, outdoor recreation, open space, parks, and a historic cemetery. The project will have town homes to mixed-use commercial buildings. Central to the project is the Woman Hollering Creek that bisects the project and that will remain natural. The open space is twice the required 20% of land area. The PUD requires higher standards for drainage than the city standard and the project will not have any downstream impact outside what is going on right now. The project entails a TIF, which is created to provide a sewer treatment facility for the development and later to be taken over by the City for future growth for the area. There will also be a development agreement. Vincent Gerard, Gerard and Associates spoke briefly on the major features of the development. The focus point of the development is the school, the park areas and neighborhood services. They want to re-introduce the concept of living quarters above the commercial business. . Public Comment: Michael Dahle, 9120 FM 1518 said he lives across the road from the proposed project expressing serious concerns about the storm water run off and added flooding problems that already exist. His neighbors have organized the Woman Hollering Creek Property Owners Association. Mark Penshorn, 8320 Trainer Hale Road, said his major concern is the storm water run off that this project will create. The other concern is the quality of the development and what it will look like in 25 to 30 years. He doesn't feel this is the right development for the area and the Council has the final authority to make everlasting change to the area. There were other citizens that spoke expressing the same concern about the flooding that already existed and the additional run off that the proposed subdivision would create. Mayor Baldwin said the City is concerned about storm water run off and assured the audience that Mr. Aikin had built first class subdivisions in the past. . Workshop 11-1-05 15 . Mr. Aikin said he appreciated any input from the local residents for information they are not aware of and want to accommodate as best they can and also exceed the standards if possible. They work very hard to cooperate with the City's engineer, planning and zoning and staff to build a project that has the same quality oflife as others in the community. #4 ORDINANCE: Discussion and action on first reading on the request to rezone 853.68:1: acres from Residential/Agriculture District (R-A) and General Business (GB) to Planned Unit Development (PUD). The subject property is situated in the Julian Diaz Survey No. 66, Abstract No. 187, the E.R. Evans Survey No. 80, Abstract No. 216, and the Geronimo Leal Survey No. 79, Abstract No. 424, Bexar County, Schertz, Texas. The property is generally located on the west side ofFM 1518 between Lower Seguin Road and Ware Seguin Road. . Councilmember Douglas moved, seconded by Councilmember Wilenchik to approve the first reading on the request to rezone 853.681 acres from Residential/Agriculture District (R-A) and General Business (GB) to Planned Unit Development (PUD). The subject property is situated in the Julian Diaz Survey No. 66, Abstract No. 187, the E.R. Evans Survey No. 80, Abstract No. 216, and the Geronimo Leal Survey No. 79, Abstract No. 424, Bexar County, Schertz, Texas. The property is generally located on the west side of FM 1518 between Lower Seguin Road and Ware Seguin Road. The vote was: AYES: Council Members Douglas, Trayhan, Agee, Wilenchik and Carpenter NAYS: None #5 INTRODUCTION OF NEW EMPLOYEE Assistant City Manager John Bierschwale introduced the General Manager of the Schertz Seguin Local Government Corporation, Allan Cockrell. Mr. Cockrell was hired on October 10, 2005 and will office in Seguin. #6 PRESENTATION OF THE 2004 LIFE SAFETY ACHIEVEMENT AWARD TO THE SCHERTZ FIRE DEPARTMENT Mayor Baldwin presented the 2004 Life Safety Achievement A ward to Chief Friesenhahn. Mr. Outlaw said the award is given each year to fire departments that have not had fire fatalities. He contributed the success of the program to the citizens being safe and conscientious. #7 Discussion and consideration on fmancing options for the proposed Schertz Public Library presented by Mark McLiney with Southwest Securities. . Mark McLiney, Southwest Securities explained the possible financing options to fund the construction of a new library. Mr. McLiney said the most important Workshop 11-1-05 16 issue is to retain and improve the City's credit rating, which is AA-, the only city in the area with that high rate. One option for financing $7 million is solely supported by ad valorem taxes and the second option is payment from other sources. Mr. McLiney projected a 5% growth rate that would require an interest and sinking rate of $0.1206 increase of $0.0234 from the current rate of $.09720 for fiscal year 2006. The second financing option would be supported by sales tax. The EDC fund balance could be used in combination with the sales tax revenue to pay the debt. The current fund balance is $850,000.00. If sales tax were the funding resource, there would be a shortfall of $136,473.00 in 2007. The EDC fund balance may be used to pay down the 1998 GO Bond that will be paid off in 2018. Mr. McLiney emphasized that neither of these options would affect the bond rating. . In 1997 when the sales tax was implemented one of the purposes listed was library improvement and after checking with the bond counsel and the City Attorney using the sales tax revenue is allowed, as long as publication dates are met. Councilmember Douglas asked if this was an approved approach for the use of the EDC funds. Mr. Spain explained that it was an approved approach. There would be an interlocal agreement between the Corporation and the City to use the funds. Mr. Spain said there are only two uniform election dates for the bond election, May and November. The election of May 2006 would be the earliest that it could be held. . #8 CONSENT AGENDA: A. Approve minutes of regular meeting of October 4, 2005, and workshop session of October 12,2005. B. ORDINANCE: final reading of Ordinance by the City Council of the City of Schertz, Texas amending the Unified Development Code (UDC) Ordinance 96-S-28 by rezoning 4.0+ acres out of the Rafael Garza Survey, Abstract No. 98. Comal County, Texas from Pre-Development (PD) to Manufacturing District -Light (M-l) Councilmember Trayhan moved, seconded by Councilmember Carpenter, to approve the minutes of October 4th with corrections and minutes of workshop October 12, 2005 and final reading on Ordinance amending the Unified Development Code. The vote was as follows: AYES: Council Members Douglas, Trayhan, Agee, Wilenchik, and Carpenter NAYS: None . Workshop 11-1-05 17 . #9 #10 . #11 #12 . Discussion and action on adoption of policies and procedures for the use of the new City Council Chambers. Dudley Wait said the Council was instrumental in the decision of the design and finally made the facility a reality. Since it is the Council's chamber, the staff prepared the guidelines for Council to formulate the policies and procedures for final approval on the use and availability of the building. Mr. Wait recommended that because of the high technology equipment and training required he would not make the facility available to the general public for now. It will require a trained staff member to be on site for all city meetings. He said that all closed meetings in the conference room are recorded separately and no sound will come from that room. Mr. Wait said he was waiting for the architect to design a LED sign for placement in front of the building. It will announce all meetings and city events. The Council gave the approval to proceed in drafting the proposed policies and procedures for the use of the facility. Discussion on the date for the Grand Opening Ceremony for the new Council Chambers. Council decided the ribbon cutting would be Tuesday, November 22, 2005 at 6:00 p.m. Mr. Bierschwale said there would be a training session for Council and staff on the equipment prior to the workshop on November 15th. Items by City Manager Taylor and Staff General Announcements . Mr. Taylor reported the TML Conference that was attended by members of Council and staff had excellent speakers and good information. He said it was the most well attended conference he had been to in years. Items by Council . Council Member Douglas - Inquired about the issue of interconnectivity at McDonald's, Diamond Shamrock and HEB and status. Attended the grand opening of Java Junction along with the Mayor Baldwin and Mr. Taylor . Council Member Trayhan - No Comment Mayor Pro Tem Agee - No Comment Council Member Wilenchik - No Comment Workshop 11-1-05 18 Council Member Carpenter - . . Unable to attend TSAC meeting on Thursday . Will be out of town for the workshop meeting on Nov. 9th and training session on Nov. 15th, asked to have telephone conferencing available for the 9th and 15th. #13 Items by Mayor Mayor Baldwin asked to have the Housing Authority presentation to Sharon Fruge at the meeting on November 15th. He commented that the TML Conference was the best he had ever attended in a long time. #14 ADJOURNMENT Mayor Baldwin adjourned the meeting at 9:05 p.m. . ATTEST: . Workshop 11-1-05 19