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ccreg 01-03-06 . MINUTES REGULAR SESSION .January 3, 2006 The Schertz City Council convened in Regular Session on Tuesday, January 3, 2006 in the Municipal Complex Council Chamhcrs at 7:00 pm, 1400 Schertz Parkway Building #4, Schert?:, Texas. The tijllowing members were present: Mayor I-Ial Baldwin presiding, COlU1Cil Members Carl Douglas, John Trayhan, RcgiullU Agee, Tony Wilenchik and Michael Carpenter. Also present were City Manager, Don Taylor, Assistant City Manager John Bierschwalc, City Attorney Michael Spain, Community Services Director, Gail Douglas, and City Secretary Judy Tokar. #1 CALL TO ORDER: Mayor Baldwin called the meeting to order at 7:00 p.m. #2 PUBLIC HEARING: Consider a request for a specific use pcnnit to allow a residential use in the General Business District (GB). The 0.504+ acre tract is located at 5604 Pfeil Road, approximately 341-fect northeast of 11-1 I O. Applicant: Juan Zuniga. . City Manager Taylor briefed those prescnt on the request and explained that thc lot is small and would not benefit as general business, for that reason residcntial use is not a problcm. Mr. Juan ZUllh:m. applicant askcd Council to allow the specific use permit f()1" residcntial use, so he could build his homc, at the present timc the hunily is housed in a mobile home. Because he wasn't fluent in English his daughter translated on behalf or hcr father. Robert Rrocl{luan. 1000 Elbcl Road inquircd if property OWllers on Pfeil Road wcre required to reeeivc notification. If it's a requirement how many letters were sent out and what is the outcome; how many in favor and opposed. lIc was advised that 13 letters werc scnt, none were returncd and two werc rcturned undeliverable. With no further comments, Mayor Galdwin closed thc public hearing 7:07 p.m. City Manager Taylor eXplaincd that agenda items #3 & #4 would need to be cancelled due to an error (by applicant) in notification requirements, not all property owners wcre notified. The applicant was notiticd of the error and was adviscd the process would have to begin again. . #3 PUBLIC HEARING: Consider on a request to rezone 11.796+ acrcs from General Business (GB) to Rcsidential District (R-7). The tract is situated out of the Torriho Hcrrcra No. 6R Survcy, Abstract No. 153, Guadalupe County, Schertz, Tcxas. The property is generally located at the southeast corner of Schertz Parkway and Maske Regular Session 1-03-06 52 Road. Project Name: Ackellnann Ridge East. Applicant: Malford Ackermann f()f KB Homes. . #4 PUBLIC HEARING: Consider a request to rezone 15.927+ acres from Oeneral Business (OB) to Residential District (R-7). The tract is situated out of the TOITiho Herrera No. 68 Survey, Abstract No. 153, Guadalupe County, Sehettz, Texas. The property is generally located at the southeast corner of Schertz Parbvay and Maske Road. Project Name: Ackermann Ridge East. Applicant Malford Ackermann for KB Homes. #5 HEARING OF RESIDENTS: Pun. Corder, 8 I 0 Main Street inic)rmed Council that he is a business owner ancl property owner on Main Slreet, and was in the process of selling aile of his lots, however after visiting with the Schertz Planning and Zoning Depattment, he was informcd that zoning in the arca does not allow specialty shops. He f(Hlnd this very interesting because on either side of the lot is a body shop and transmission shop. He would like to know when the zoning was changed, and ifnotifieations \vcre sent to property owncrs. Mayor Baldwin in((mned Mr. Corder that the City is in the process of setting up meetings to discuss the City Comprehensive I,and Plan and this is one of the areas of discussion. Duvid Richmond. 2921 Bent Tree referenced an article in the Express News ofa project by SAWS to procure wells, and pipelines to the Carrizo Springs Aquifer. I-Ie would hope that SS LGC is on top of this project and would not comprise the promise that the Cities of Seguin and Schertz would have water for the next 50 years. Mayor Baldwin stated that SSLGC is well aware and would stay on tbc top of SA WS as well as the Gonzales Water District. . Robert Brockman, 1000 Elbel Road made the following comments: . Schertz Tales weren't available . Announcement orCoLlneilmceting not on marquee . The City made the news on channel 12, hrush fire at Schertz Parkway and FM78. . Inquired on status ofTXDoT signage along IH-35. Glenda Mover. 3724 Hull Street thanked the City for painting the restrooms at Ashley Park. #6 CONSENT AGENDA: A) Approve minutes of regular meeting of November 9,2005 and December 6, 2005. B) ORDINANCE: Action on the final reading on ordinance establishing a Juvenile Case Manager Fund; Providing the Assessment and Collection of a Juvenile Case Manager Pec; Providing for Employment of a Juvenile Case Manager; Providing t(n Severability; Providing for Publication and An Eth:ctive Date. . Regular Session 1-03-06 53 . Council Member Wilenehik asked to have item C taken off the Consent Agenda for further discussion At this time, Council Member Douglas made a correction on page eight, item #8 to the minutes of December 6,2005. COlTcetion was to the motion to read on Schertz Parkway from lH-35 to Wiederstein Road............. Council Member made a motion, seconded by Council Member Wilenehik to approve Consent agenda A & B. The vote was: AYES: NAY: Council Member Douglas, Trayhan, Agee, Wilenchik and Carpenter. None. C) Approve the Certified Tax Roll for the Year 2005. Council Member Wilcnchik askcd for an explanation to the tax roll relative to the tax freeze and what it cost the City. After a brief discussion it was determined to have the certified tax roll on a workshop session and have Evelyn Boggess give an explanation on the actual breakdown. . #7 Discussion and action to award the hid for the Schertz Recreational Facility Phase IE-Landscape Improvements. City Manager Taylor explained that the last time the City went out for bids the bids came in over the estimated amount and all bids were rejected. At this time, City Manager Taylor deferred to Community Service Director Gail Douglas. Ms. Douglas stated that last time bids came in at $368,333 and were rejected. This time the City received three bids and the lowest bid came in at $lS9,195.00 by Maldonado Nursery & Landscaping. Ms. Douglas went on to say that grass cover was deleted from the speciticutiol1s; however there is nothing staff would have to makeup. Council Member Wilenchik made a motion, seconded by Michael Carpenter to award bid for the Schertz Rccreational Facility Phase IE- Landscape Improvements in the amollnt of $189, 195.00 to Maldonado Nursery & Landscaping. The vote was; AYES: NAY: Council Member Douglas, Trayhml, Agee, Wilenehik and Carpenter. None. #8 Discussion and action on a request for a specific use permit to allO\\' a residcntial use in the Gencral Business District (GB). The 0.504+ acre tract is located at 5604 Pfcil Road, approximately 34 I-feet northeast of IlI-IO. Applicant Juan Zuniga. . Regular Session 1-03-06 54 Council Member Carpenter made a motion, scconded by Council Member Wilcnchik to approve a spccific use permit to allow a residential use in the General Business (GR), located at 5604 Pfcil Road. The vote was: . AYES: NAY: Council Member Douglas, Trayhan, Agee, Wilenchik and Call'entcr. None. #9 ORDINANCE: Discussion and action on first reading on request to rczonc 11.796+ acres from Gcneral Business (GB) to Residential District (R-7). The tract is situated oul of the Torribo I-1clTcra No. 68 Survey, Abstract No. 153, Guadalupe County, Schcrtz, Texas. The property is gcncrally located at the southeast corncr of Schertz Parkway and Maske Road. Project Name: Ackermann Ridge East. Applicant: Malford Ackennann f;Jr KB Homes. Cancelled. #10 ORDINANCE: Discussion and action on first reading on rcquest to rezone 15.927+ acres from General Business (GR) and Residential District~2 (R~2) to Residential District~7 (R-7). The tract is situated out of the Torribo Herrera No. 60S Survey, Abstract No. ] 53, Guadalupe County, Sehe11z, Texas. The property is generally located at the southeast corner of Schertz Parkway and Maske Road. Project Name: Ackermann Ridge Wcst. Applicant: MaJt(.H'd Ackermann for KB Homes. Cancelled. . #11 Discussion on selection of dates of Strategic Planning Sessions. Aller brief discussion, and calendar review of suggested dates it was Council consensus to schedule strategic sessions on January 10, 18,24 & 3]. # 12 Discussion and action on information on publishing Conncil action in Schertz Talcs or other communication medias. City Manager Taylor explained that publishing Council action in the Schct1z Tales would run approximately two-months late and suggests possibly placing it on the web page. Council Member Carpenter inquired if there is additional cost for publication. Ms. Dcbbie Gildea, Public Infi:mnation Offiecr explained there is no additional cost and publication of two-month delay is not an issue. Council Member Carpenter believes that if publication is late or is after the fact, it provides infonnation to those (citizens, residents) that don't have access to the Internet. After a brief discussion it was Council consensus to list agenda items and vote or action by Council [or starters and to have the approved minutes on the City website. . Regular Session 1-03-06 55 . #13 Discussion and action on the new library and recent donation. Council Member Douglas stated that in light of the S I M dollar donation and forthcoming strategic sessions, he believes discussion is walTanted. Where is the donation going to be kept until the use of the money? He believes this is the time to make effi)li on making decision, discuss financing investment, bond issue, etc. I-Ie \vould like discussion prior to strategic sessions. This issue goes back to the Cities 200 I Comprehensive Land Plan, and would like the matter to move J()!ward. Council Member Wilenchik stated he would like the issue discussed at strategic sessions and is totally in favor of the Library, however has concerns relative to timing and financing options, and is a very good topic to discuss in the strategic planning sessions. Council Member Carpenter stated he has some understanding of col1cagues concerns tt)r due diligence, however was interested to find out what Schertz citizens thoughts were, and because of this he sent out many emails and went door to door. The feedback he received was almost a demand to: why not build the new Library now, why wait, etc. Because of this, he believes there is no need for delay. Mayor Galdwin stated he would like to caution Council relative to CerliJicates of Obligation. The Library would curry a lot of weight on any bond issue. . #14 Discussion and action to reappoint members to the Schertz Library Advisory Board. Council Member Trayhan moved, seconded by Council Member Agee to reappoint Ruth Tienor, Mary McAllister, Patty Lovelady and Margaret Riley to the Schertz Library Advisory Board, The vote was: AYES: NAY: Council Member Douglas, Trayhan, Agee, Wilenchik and Carpenter. None. At this time, Council convened into Executive Session. #15 EX(<;CUTIVE SESSION: Called under Chap!e.' 551 Government Code, Sub-section 551-072, Deliberation Regarding Lease of Real PJ'uperty. of the Purchase Texas and/or An Executive Session was held from 7:45 p.m. to 9:47 p.m. #16 Action, if llny on above subject of the Executive Sessioll. Council Member Carpenter moved, seconded by Council Member Agee to authorize the City Manager to enter into negotiations to purchase land in the amount of$217, 500.00 and lease agreement for the Woodruffpropetiy, 1049 Live Oak Road, The vote was: . Regular Session 1-03-06 56 AVES: NAV: Council Member Douglas, Trayhan, Agee, Wilcnchik and Carpenter. None. . Council Member Carpenter moved, seconded by Council Member Trayhan to authorize the City Manager to accept deed and bill of sale on NOIihCliffc Volunteer Fire Department property at no cost to the City. The vote was: AVES: NAV: Council Member Douglas, Trayhan, Agee, Wilcnchik and Carpenter. None. #17 Items by City Manager Taylor and Staff General Announcements . Announced Maske Road is open to thru traf1ie. . Reported FEMA's findings, which shows a 101 of City in flood plain that wasn't in before. fEMA is giving the City credit on the recent drainage done; however they find that FM78 at Cibolo Creek (railroad) is backing up. The railroad has been notified, and if the City doesn't hear from them, he suggests taking legal action. At this time, Larry Dublin, ford Engineering explained the procedure for disputing the FEMA map. #18 Items by COllllcil Council Member Douglas . Had no comments. . Council Member Trayhall . Had no comments. Councill\lember Agee . Inquired on appointment of Ramon Cook to Schertz EDC. Would like to revisit the matter and make sure Mr. Cook was reappointment. Asked that minutes be reviewed. . Reported the Guadalupe Children Advocacy Center received a $50,000 from Burch Foundation over Christmas holiday. Mayor Pro-Tern Wilenchik . Inquired on status of meeting with Austin Representatives Kuempel and Casteel on traffic issues. Was advised the meeting has been set for sometime around the 181 of February. Referenced public hearing procedures relative to Planning and Zoning Department and recent cancellation of public hearings. It was decided to place the mattcr on a future workshop for [miher discussion. . . Regular Session 1-03-06 57 . Councill\-'Icmbcr Carpenter . Inquired on datc of BVY A meeting, and was advised meetings are held the 2nd Monday of the month. #19 Hems by Mayor . Reported the Texas Council of Engineers recognized Ford Engineering ti)!' the 3rd year. Ford received the Certificatc of Exccllcncc Award 2006 for the Drainage at Dietz Creek project. Guadalupc County Appraisal District appointed Tex Farnsworth, Paul Soto, Sylvia Slaughter, Cecil Schultz, and Tavie Murphy to the Board. Referenced the Town & City magazine relative to seminar being held in Corpus Christi and other seminm.s or interest. . . #211 ADJOURNMENT . M"~, ",Mmw OO,"WWOO "wm"';;kkaP~ Hal Baldwin, Mayor, City Schertz ATTEST: ( /1 I l. -I ,(. "'-. t' Vi. t'i-~_- Jlidy Toka'r, City Secretary , . Regular Session 1 ~03-06 58 . . .