ccreg 01-03-06
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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.
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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.
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#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
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Road. Project Name: Ackellnann Ridge East. Applicant: Malford Ackermann f()f KB
Homes.
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#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.
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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.
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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.
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#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.
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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:
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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.
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#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.
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#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.
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#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:
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AVES:
NAV:
Council Member Douglas, Trayhan, Agee, Wilcnchik and Carpenter.
None.
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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.
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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
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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.
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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
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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.
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#211
ADJOURNMENT
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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
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