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ccrg 04-06-04 . CITY COUNCIL MINUTES REGULAR SESSION 4-6-04 The Schertz City Council convened in Regular Session on Tuesday, April 6, 2004 at 7:00 p.m. in the Municipal Complex Council Chambers, 1400 Schertz Parkway, Schertz, Texas. Those present were Mayor Hal Baldwin, presiding; Councilmembers Cad . Douglas, Steve Simonson, Reginna Agee, Tony Wilenchik and Ken Greenwald. Those staff members present were City Manager Mark Marquez and City Secretary Norma Althouse. Mayor Baldwin called the meeting to order, welcomed everyone and then asked that they rise and join him in the Pledge of Allegiance to the Flag. Before the meeting started, a Proclamation was presented to Mrs. Agee declaring the month of April to be Child Abuse Prevention Month in the City of Schertz. Mrs. Agee is on the Guadalupe County Child Abuse Advocacy Center Board. #1 PRESENTATION of Miss Sweethearts of Schertz Court. . Mayor Baldwin introduced Sharon Pennington, President of the Schertz Business Association. He then presented the Sweethearts of Schertz Court as follows: Emily Furillo - Miss Liberty Lauren Swinney - Miss Freedom Eva McHorse - Miss Jubilee Ashley Mayle - Miss Friendly City Kayla Koenning - Miss Schertz All were given a round of applause by the audience. #2 HEARING OF RESIDENTS Tim Sheble of 3917 Brook Hollow Drive stated he had signed up to speak at the public hearing, which is #4 on the agenda. Robert Brockman of 4505 Grand Forrest brought up the following: · Inquired if the Schertz Tales is out yet and was told it had been given to the printer. · Mentioned the BOA meeting was not on the marquee. . · Noted the Planning and Zoning public hearing was advertised as being in the conference room and that's not a good place. Mr. Marquez indicated they could 267 move it to the Council Chambers. Mr. Spain stated it was advertised as being at . the City Hall address. . Commented TSAC is looking at a jaywalking ordinance. Is that worthwhile? Tim Swinney of 2745 Valencia Lane brought up the following: . Stated the smoking ordinance is doing well and he is glad to see that. He was on Council when it was voted down the first time. . Said he had heard rumors about preserving the old Starlite Theater as a park. Is that feasible? Mr. Marquez answered it has been talked about, but the issue is economic. Several items are on the plate that are pricey. Mayor Baldwin added he would like to see the City negotiate for the Starlight Theater sign. It is a historic marker in the City of Schertz. . Wished the best to all the incumbents running for reelection this year. #3 APPROVAL OF MINUTES: Regular Session Special Session Special Workshop Session Regular Session 12-16-03 12-23-03 12-30-03 01-06-04 . Mrs. Agee moved to approve the minutes for all the meetings listed above. Mr. Simonson seconded the motion, which carried with the following votes: AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald. NAYS: None. #4 PUBLIC HEARING: To receive citizen comments regarding a proposed development moratorium by the City of Schertz. Mayor Baldwin explained the procedures to be followed for the public hearing. First, the staffwill comment, then the public, and then City Council. Mr. Marquez stated the proposed moratorium on development they are talking about is Live Oak Hills. It was platted 35+ years ago. It clearly has insufficient infrastructure. The platting is faulty because it does not allow sufficient rights-of-way and easements. There is concern about developing the area. He encourages additional public input in addition to this public hearing. Judv Everett and Holly Gomez. addresses unknown, stated they both own lots in Selma. They want to see growth, but they want it to be good growth. They encourage Schertz . and Selma to cooperate with each other. Mayor Baldwin told them that because of 268 . certain codicils, it might be important to work together. Both women said they are very involved and would do anythingto help. Tim Shible and his wife. Theresa. of 3917 Brook Hollow distributed diagrams for Council to see. Their lots are circled on the diagram. They hope to barter with other property owners. Mr. Shible went on to say they are here to express support or non-support depending on Council's decision. Rumor has it the properties will be condemned and he is not in support if that is the plan. A lot of people supported those who platted in 1963 and have waited to develop. He has heard the City Manager talk about restrictions. Both he and his attorney take exception to the fact, if that's the case, that you can't develop commercial lots. Some restrictions can be changed by way of property owners associations. Mr. Sheble noted that at the workshop last week he heard a couple of ladies talk about cooperation between Selma and Schertz. He would be happy to work with the ladies to establish a database with Selma. He favors a reinvestment zone and thinks Live Oak Hills meets all the criteria for one. He doesn't want his property to be seized, but would concede for the City to buy several of his lots for drainage. . Mr. Sheble said he heard the City Manager talk about replatting and he's opposed to that. He would support a moratorium if a TIF is established by which no condemnation occurs. He further stated that Lot #3 is owned by Barry Sanditen. Forest Ridge drains out to Live Oak Hills eating four lots in the process and breeding mosquitoes. Mr. Marquez asked him if had spoken with Mr. Sanditen and he replied he had, but cordial conversation has ceased. Mr. Sheble asked if the City had any questions for him. Mayor Baldwin replied not at this time, but there would be another public hearing and several meetings before action is taken on the moratorium. Robert Brockman of 4505 Grand Forrest said he is curious to know iflots for sale in Live Oak Hills could be transferred during a moratorium. Mayor Baldwin closed the public hearing at this time. #5 ORDINANCE: Consider and take action on final reading of Ordinance rezoning 5.9+ acres from Pre-Development (PD) to Residential District (R-6) in the Northcliffe area. Mayor Baldwin introduced an Ordinance and read the caption as follows: . 269 . ORDINANCE NO. 0~S-12 BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE UNIFIED DEVELOPMENT CODE (UDC) ORDINANCE NO. 96-S-28 BY REZONING 5.9 ACRES FROM PREDEVELOPMENT PD) TO RESIDENTIAL DISTRICT 6 (R-6). Mr. Marquez advised nothing had changed since the first reading of this Ordinance. Mr. Greenwald moved to approve the final reading of an Ordinance rezouing 5.9+ acres from Pre-Development (PD) to Residential District 6 (R-5) in the Northcliffe area. Mr. Wilenchik seconded the motion, which carried with the following votes: AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald. NAYS: None. #6 ORDINANCE: Consider and take action on final reading of CPS Franchise Ordinance. Mayor Baldwin introduced an Ordinance and read the caption as follows: . ORDINANCE NO. 04-F-09 AN ORDINANCE GRANTING AN ELECTRIC AND GAS FRANCHISE TO CITY PUBLIC SERVICE Mr. Marquez reported they approved the first reading 30 days ago. The Ordinance has been published twice. The caption will be published again after the final reading is approved. The franchise fee goes up from 2% to 3%. Mr. Wilenchik moved to approve the final reading of the CPS Franchise Ordinance. Mrs. Agee seconded the motion, which carried with the following votes: AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald, NAYS: None. #7 ORDINANCE: Consider and take action on first reading of Records Management Ordinance. Mayor Baldwin introduced an Ordinance and read the caption as follows: . 270 . AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS ESTABLISHING RECORDS MANAGEMENT ORDINANCE AND APPOINTING A RECORDS MANAGEMENT OFFICER; AND PROVIDING A REPEALING CLAUSE. Mayor Baldwin asked if they decided on a position and name and was told they did. Mr. Marquez indicated this is a reflection of things to come. They will have a modern retrieval system and the department will grow. Mr. Douglas moved to approve the first reading of the Records Management Ordinance. Mr. Simonson seconded the motion, which carried with the following votes: AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald. NAYS: None. #8 ORDINANCE: Consider and take action on first reading of Ordinance granting a towing franchise to Roadrunner. . Mayor Baldwin introduced an Ordinance and read the caption as follows: AN ORDINANCE GRANTING ROADRUNNER TOWING A FRANCHISE FOR NONCONSENT TOWING OF DISABLED OR WRECKED VEHICLES WITHIN THE CITY LIMITS OF THE CITY OF SCHERTZ; PROPOSING PROVISIONS AND CONDITIONS RELATING TO THE EXERCISE OF SAME AND PROVIDING FOR PENALTIES NOT TO EXCEED $500 FOR VIOLATION THEREOF; AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONGLICT WITH THIS ORDINANCE. Mr. Marquez advised this ordinance has been needed for some time. They went out for RFP's and Roadrunner was the only one who bid. Their facility is in Schertz. The City is satisfied with this Ordinance and the rates will be approved on an annual basis. . Mr. Marquez went on to say this is the first reading. It will be published twice in the next 30 days at Roadrunner's expense. !. Mr. Greenwald moved to approve the first reading of an Ordinance granting a towing franchise to Roadrunner. Mrs. Agee seconded the motion, which carried with the following votes: 271 . AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald. NAYS: None. #9 RESOLUTION: Consider and take action on Resolution approving the execution and delivery of a Sale and Purchase Agreement and a Special Warranty Deed with Eber Busch, Administrator of the estate of Betty Boggess, deceased, and the City of Schertz, Texas. Mayor Baldwin introduced a Resolution and read the caption as follows: RESOLUTION NO. O~R-03 RESOLUTION APPROVING THE EXECUTION AND DELIVERY OF A SALE AND PURCHASE AGREMENT AND A SPECIAL WARRANTY DEED WITH EBER BUSCH, ADMINISTRATOR OF THE ESTATE OF BETTY BOGGESS, DECEASED, AND THE CITY OF SCHERTZ, TEXAS; RESOLVING OTHER MATTERS INCIDENT AND RELATED THERETO; AND SETTING AN EFFECTIVE DATE. Mr. Marquez explained the City needs additional property for right-of-way of drainage . from Maske Road down to the big ditch. Eber Busch is an employee of the City. Mr. Greenwald moved to approve a Resolution regarding the execution and delivery of a Sale and Purchase Agreement and a Special Warranty Deed with Eber Busch, Administrator of the estate of Betty Boggess, deceased, and the City of Schertz, Texas. Mr. Simonson seconded the motion, which carried with the following votes: AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald. NAYS: None. #10 Items by City Manager General Announcements . Related that for Council's information a document relative to the Public Utilities Commission shows a 1.154 increase. No action is required for it to be implemented. The increase goes into CPI. Mayor Baldwin pointed out it's only the water bills and not the electric bills since GVEC has to come to us when they have a raise. Mayor Baldwin asked if there's a deadline and was told it is April 30th. Mr. Marquez added they would see an increase to the City on July I. . Reported they have discussed the contract with Maldanado and are ready to sign . unless Council objects. There were no objections. 272 . · Mentioned they are discussing the Grand Marshall for the upcoming 4th of July Jubilee parade and Zenobia Coverson would be a good candidate. They need some input. · Noted he will try to have Mark McLiney at the next meeting to show a way to fund issues that came up at the Strategic Planning Session. . Commented the Commissioner's Court met today and decided not to decide on the EMS contract. . #11 Items by Council General Announcements Councilmember Douglas Liaison - EDC Liaison - Schertz Library Board Mr. Douglas had nothing to report. . Councilmember Simonson 4-B Board Liaison - BVY A Mentioned he appreciated the food inspector's report. Councilmember Agee 4-B Board Liaison - Schertz Housing Authority Mrs. Agee had nothing to report. Councilmember Wilenchik 4-B Board Liaison - Schertz Humane society Liaison - HOA Coalition Ex-officio - TSAC Mr. Wilenchik had nothing to report. Councilmember Greenwald 4-B Board Ex-officio - P& Z Commission Ex-officio - S/SLG Corporation . Mr. Greenwald had nothing to report. 273 . . [page intentionally left blank] . 274 . #12 Items by Mayor General Announcements · Reported they signed the contract with Universal City for the well site and transferred the rights. Also the Schertz/Seguin Local Government Corporation has a contract to sell 500 acre feet of water per year. . Mentioned the EMS 30th anniversary celebration was outstanding. They attracted 15 original members. He commended Dudley Wait for his efforts. Before adjournment, Mr. Wilenchik asked if there had been any input on the Dietz Road sidewalk issue and Mr. Marquez replied there had not. #13 ADJOURNMENT There being no further business to discuss, Mayor aldwin adjourned the meeting at 8:16p.m. . ATTEST: ~~ City Secretary, City of Schertz, Texas . 275 . . [page intentionally left blank] . 276