ccreg 12-06-05
.
MINUTES
REGULAR SESSION
December 6, 2005
The Schertz City Council convened in Regular Session on Tuesday, December 6, 2005 in
the Municipal Complex Council Chambers at 7:00 pm, 1400 Scheliz Parkway Building
#4, Schertz, Texas. The following members were present: Mayor Hal Baldwin presiding,
Council Members Carl Douglas, John Trayhan, Tony Wilcnchik and Michael Carpenter.
Absent was Council Member Agee. Also present were City Manager, Don Taylor,
Assistant City Manager John Bicrschwalc, and City SCl:retary Judy Tokar.
#1 CALL TO ORDER:
Mayor Baldwin called the meeting to order at 7;00 p.m., and asked everyone to risc and
join him in the Pledge of Allegiance to the Flag.
At this time, Mayor Baldwin sadly infiHlllcd those present of the passing ofa dear fricnd,
fonner City employee and f01111cr Council Member Stcve Simonson and asked that
everyone join him in a moment of silent prayer.
#2 PRESENTATION OF THE CITY OF SCHERTZ FLAG
.
City Manager Don Taylor gave an account on the planning (long time dream of Assistant
City Manager Bierschwale) of the City of Schertz Flag, He noted that for the unveiling,
designer Brad Gildea is present.
At this time, Captain Beverly Todd, Schertz Police Department posted the colors (Hag)
assisted by Brad Gildea, It was mentioncd that the first Hag flown at the ncw Council
Chambers was presented to Mrs. Steve (Carol) Simonson and family.
#3 PUBLIC HEARING
Publie hearing t{)J" the purpose of soliciting public eommcnt on applying [or a matching
grant from Lower Colorado River Authority to develop tbe public park located in the
NOIthclitfe Subdivision on Cherry tree Street.
Mayor Baldwin opcncd thc public hearing at 7:05 p.m" and explained the procedures to
be followed at the public hearing.
City Manager Don Taylor explained the grant program process and the City's share of
20% match.
.
Ramon Cook, 913 Dimrock reported having completing a $25,000 grant (1{)r a Park) in
Bastrop County from LCRA. What worked in this situation was working with co-or as a
pattner and strongly believes this is the way to go and highly recommends it.
Regular Session 12-06-05
36
Robcrt Brockman, 1001 Ethcl Road inquired on the amount of the grant and what
would be the City's share. He was advised the match fund totals $100,000 and the City's
share ($40,00) 20%. The balance of $60,000 would be raised in cash or in-kind services.
.
Mayor Baldwin closed the public hearing at 7;15 p.m.
#4 HEARING OF RESIDENTS:
Tammy Flores. 5501 Le23cy Oaks would wait to make comments on agenda item #8.
County .Jud2C. Donald Schraub stated he had taken the opportunity to stop by after
finishing up a TXDOT meeting next door and congratulate Council, employees, and
citizens of Schertz for such a wonderful new City Council Chambers.
Ramon Cook, 913 Dimrock addressed his remarks to Council Member Trayhan relative
to work done at the City of Cuero Park, which is a benefit to the community drainage
park system. In his opinion Council Member Trayhan has IJ lot of experiencc with the
City of Cuern and believes his input would be beneficial to this areas drainage issues.
Robert Brockman inquired when would front parking lot be pavcd and was advised it
would be spring with the completion of the new Civic Center.
#S CONSENT AGENDA:
.
A) Approve minutes of regular meeting of November 1,2005.
B) ORDINANCE: Final reading on a requcst to rezone 98.9+ acres from
Residential/Agricultural District (R-A) to Residential District-7 (R-7). The tract is
situated out of the Rafael Garza Survey No. 98, Abstract No. 138 and Abstract No.
175 in Guadalupe and Carnal Counties, Schertz, Texas.
C) ORIDINANCE: Final reading on an amendment of the Unified Development Code
(Ordinmlce No. 96-S-28), Article VII (Special Districts), Section 7 (Planned Unit
Development-Ordinance No. 05-SAO).
D) RESOLUTION: By the City Council of the City of Schertz, Texas designating the
Daily Commercial Recorder as Official Newspaper for Fiscal year 2005-2006.
Council Member Wilcnchik made a motion, seconded by Council Member Douglas to
approve Consent Agenda A, B, C and D. The vote was;
AYES; Council Members Douglas, Wilenchik and Carpenter.
ABSTAINED: Council Member Trayhan (Consent Agenda, Item -B)
NAY: None.
.
Regular Session 12-06-05
37
.
#10 Discussion and action on the Charter Amendments presented by the Charter
Review Committee.
Mayor Baldwin introduced those present that scrved on the Chmiel' Review Committee:
Earl Sawyer, Chairman Keehn, Roy Richards and resource advisor Ken Greenwald.
Chairman Kechn took the opportunity to thank City Manager Taylor, City Attorney
Spain, and Executivc Service Coordinator Rita Duprat-Waldo who acted as the
committee's secretary for assistance in the process. TIc went on to say that Council has
before them 26 propositions for review and noted slleh changes consisted of misspelling,
punctuation and clarification.
Mayor Baldwin took this opportunity to thank the committee for their time and effort and
thanked City Attorney Michael Spain for volunteering his time.
City Attorney, Spain informed Council that many of the changes are clarifications that
make certain items much clearer making the chmiel' a useful instrument f()r City of
Scheltz citizens. He reminded Council thcse changes would be placed on the May
election for consideration.
.
#6 Discussion and action on applying for a matching grant from Lower
Colorado River Authority to develop the public park located in the Northcliffe
Subdivision on Cherrytrec Street.
City Manager Taylor stated the City is ready to proceed.
Council Member Douglas made a motion, seconded by Council Member Trayhan to
approve the application to the matching grant from Lower Colorado River Authority
(LCRA) to develop the public park loeatcd in the N0l1hcliffe Subdivision.
Council Member Trayhan brought up the issue of restroom facilities, money availability
and possible usage of bathhouse facility. Council Member Wilcnchik notes that if the
group were unable to raise the appropriate amount ($60,000) thc City would be
responsible for only the 20% ($40,000) match.
A vote was called:
AYES: Council Members Douglas, Trayhan, Wilcnchik and Carpenter.
NAYS: None
.
#7 ORDINANCE: Consider and take action on first reading of an Ordinance
granting a franchise to New Braunfels Utilities for Electricity and Electric Energy
Services within a portion of the city limits of the City of Schertz; Authorizing a
Franchise Agreement, a Street Lighting Agreement and a Limited Access Highway
Lighting Agreement; Providing an effective date; and repealing all ordinances or
parts of ordinances in conflict with this ordinance.
Regular Session 12-06-05
38
City Manager Taylor stated the City is ready to proceed and noted that after negotiations
with all parties this is the outcome.
.
City Attomey Michael Spain pointed out that clarification on mathematic f01l11Ulas arc
forthcoming from Assistant City Manager Bicrschwale and would be finalized before the
final reading. The franchise agreement would be effective March 1, 2006.
Council Member Douglas made a motion, seconded by Council Member Trayhan to
approve first reading of an Ordinance granting a franchise to New Braunfcls Utilities for
Electricity and Electric Energy Services within a portion ofthc city limits of the City of
Schertz; Authorizing a Franchise Agreement, a Street Lighting Agreement and a Limited
Access Highway Lighting Agreement; Providing an effective date; and repealing all
ordinances or parts of ordinances in conflict with this ordinance. A vote was:
AYES: Council Members Douglas, Trayhan, Wilenchik and Carpenter.
NAYS: None
#8 Discussion and action on recommendation from TSAC on Legacy
Oaks/Schertz Parkway regarding the turning direction and speed limit.
City Manager Taylor gave a bricfing on TSAC recommendations.
Council Member Trayhan made a motion, seconded by Council Member Douglas to
approve TSAC rccommendations to lower speed limit to 35 mph in both directions on
Sehel1z Parkway from IH~35 to Wiederstein Road ,md redesign the curb cut at Legacy
Oaks Drive unto Schertz Parkway to accommodate the left tum. Thc votc v./as:
.
A YES: Council Members Douglas, Trayhan, and Wilenchik.
NA YS: Council Member Carpenter
#9 RESOLUTION: Discussion and action on a Resolution expressing the intent
of the City of Schertz, Texas to create a Tax Increment Reinvestment ZOllC to finance
Public Improvements in support of Scdona Dcvelopment; and authorizing all required
notices, hearings, presentation and meetings thereto.
City Manager Taylor stated that the Resolution before Council is a win win situation for
the City.
Council Mcmbcr Trayhan madc a motion, seconded by Council Member Douglas to
approve the Resolution to create a Tax Increment Reinvestment Zone to Finance Public
Improvements in support of Sedona Development; and authorizing all required notices,
hearings, presentation and meetings thereto. The vote was:
AYES: Council Members Douglas, Trayhan, \Vilenchik and Carpenter.
NAYS: None
.
Regular Session 12-06-05
39
.
#11 Discussion and action on the appointment of a board member to the
Schertz/Seguin Local Government Corporation.
City Manager Taylor stated that Mr. Ramon Cook has accepted consideration for
reappointment to the corporation.
Council Member Douglas made a motion, seconded by Council Member Carpenter to
appoint Ramon Cook to the board of directors of the Sehert7JSeguin Local Government
Corporation tor a term of five years. The vote was:
AVES,
NAVS,
#12
term.
Council Members Douglas, Trayhan, Wilenchik and Carpenter.
None
Discussion and action on appointmcnt of I\layor Pro~Tem for a six month
Council Member Carpenter made a motion, seconded by Council Member Trayhan to
appoint Council Member Wilcnchik as Mayor Pro-Tem for a six-month term, effective
January 1,2006. The vote was:
A YES: Council Members Douglas, Trayhan, and Carpenter.
NAYS: None
.
#13
#14
.
Itcms by City Manager Taylor and Staff
General Announcements
.
NE Pm1nership meeting scheduled on Thursday this week.
Inquired if Council had any nominations to Hometown Hero. It was mentioned if
it werc possible to locate Mr. Martinez nomination from last year. Mr. Martinez
was a nominee last year, however not selected.
.
Items by Council
.
Coullcil Member Douglas
Participated in teleconference with Congrcssman Cuellar and 18 or 20
municipalities relative to emergency preparedness such as housing on Ilunieanc
victim thru rEMA.
.
Council Member Trayhan
Asked what is status of fiscal year audit.
Commended Mr. Ramon Cook on accepting reappointment to serve as Director to the
SSLGC Board for another lenn.
.
Mayor Pro Tem Agee-Absent
Regular Session 12-06-05
40
COllncilMember \Vilenchik
. Reported on the Investment Advisory meeting. He said Juan Santoya, Finance
Director is doing a good job, well funded for the next few years.
.
Council Member Carpenter
. Apologized for arriving late, coming in from out of town.
#15 Items by Mayor
. Thanked staff for everything that was done for Steve Simonson's funeral.
. Reminded everyone of Converse Justice Center ceremony on Saturday, December
10th, lOam.
#16 AD./OURNMENT
Mayor Baldwin adjoullled the meeting at 8:00 p.m.
~
~f/i,6v~
Hal 'Baldwin, Mayor
ATTEST:
.
r
'I
. L l.C '-- e Ie' ,k
Judy Toku., City Secretary
\. .
.
Regular Session 12~06~05
41