ccreg 11-01-05
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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.
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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:
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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.
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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).
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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.
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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.
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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.
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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.
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Mark McLiney, Southwest Securities explained the possible financing options to
fund the construction of a new library. Mr. McLiney said the most important
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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.
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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.
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#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
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#9
#10
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#11
#12
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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
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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
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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
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Council Member Trayhan - No Comment
Mayor Pro Tem Agee - No Comment
Council Member Wilenchik - No Comment
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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.
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ATTEST:
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