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ccrg 05-03-2005 . COUNCIL - REGULAR SESSION TUESDAY, May 3, 200S The Schertz City Council convened in regular session on Tuesday, May 3, 2005 at 7:00 pm in the Mnnicipal Complex Council Chambers, 1400 Schertz Parkway, Schertz, Texas. The following members were present: Mayor Hal Baldwin presiding, Council members Carl Douglas, Reginna Agee, Tony Wilenchik and Ken Greenwald. Absent was Council member Simonson. Interim City Manager John Bierschwale and Deputy City Secretary Mary Ybarra. Mayor Baldwin welcomed everyone and called the meeting to order at 7:00 pm, and asked everyone to rise and join him in the Pledge of Allegiance to the Flag. Mayor Baldwin acknowledged candidates for Council Places 3,4, & 5 were present. Candidates were given the opportunity to introduce themselves, and to say a few words. Those present were James MacSorley Place 3, David Scagliola Place 4, and Michael Carpenter Place 5. Also, each incumbent member of Council was given the opportunity to speak. At this time, Mayor Baldwin anoounced there would be a reception for new City Manager, Don Taylor-May 16,2005 from 5 pm to 7 pm. everyone is welcomed to attend. . #1 PROCLAMATION Mayor Baldwin read proclamation proclaiming the week of May 15-21, 2005 as National Public Works Week. Sam Willoughby, Public Works Director accepted the proclamation for the Department. #2 HEARING OF RESIDENTS Rita DUDrat-Waldo, Relay of Life Logistics Chainnan gave an update on relay held at Pickrell Park, April 29-30. Amount raised this relay was $37,000+. Team Schertz raised $5,719+ with an overall total for the last (3) three years event has been held is Schertz is $115,000. A report on the amount of laps walked at the relay was given. She went on to say, that overall the relay was a great success, even though the weather was a factor. The City is looking forward to next year being bigger and better. Robert Brockman, 1000 Elbel Road made the following: . · Referred to empty parking spaces up front. He was advised Council is parking at the rear of the building. . Inquired on moratorium issue-advised he had spoken to Mr. Shelby, owner oflots in the Live Oak area) and asked what was the progress? He was advised the issue is very complex and it's on going. He was asked to have Mr. Shelby contact the City Attorney on the issue. . Referred to Library Board meeting last evening and discussion of grant money received by the City of Uvalde. It might be beneficial for the City to contact the City ofUvalde and inquire on requirements needed to apply for grant money. Z41T Jennifer Fournier. 5013 Castle Hill spoke on the recently adopted Ordinance 05-D-14, . no parking signage along Castle Hill Dr. . Is an eye sore; · Recommends amending the Ordinance to move signs on other side of driveway, which would place signs in between homes, which would not become a safety issue; . Suggests amending to allow only no parking on one side of the street. · Inquired why this particu1ar curve, because there are similar curves throughout the subdivision; . Stated the signage is causing speeding from opposite direction. Ms. Fournier was advised to contact the NorthcIiffe HOA and inquire on the matter; also she was advised on procedures to follow up on the matter. #3 APPROVAL OF MINUTES: Special Session-April 13, 200S Council member Douglas moved to approve the minutes of Special Session, April 13, 2005. Council member Wilenchik seconded the motion, which carried with the following votes: AYES: Councilmembers Douglas, Agee, Wilenchik and Greenwald. NAYS: None. . #4 RESOLUTION: Consideration and approval of a bond resolution adopted by the Board of Directors of the Schertz/Segnin Local Government Corporation anthorizing the issuance of obligations designated as "Schertz/Seguin Local Government Corporation contract revenue refunding bonds, series 200S", acknowledging that these obligations were sold to the first Southwest Company, as the authorized representative of a group of underwriters pursuant to the provisions of a purchase contract; ratifying, reconfirming and readopting the provisions of a regional water supply contract executed between the City of Schertz, Texas, the City of Segnin, Texas, and the Schertz/Seguin Local Government Corporation; authorizing the Mayor, City Secretary, and the Interim City Manager of the City of Schertz, Texas to execute on behalf of the City of Schertz, Texas all docnments in connection with this transaction; and other matters in connection therewith. Mayor Baldwin introduced a Resolution and read the caption as follows: RESOLUTION NO. OS-R-08 Consideration and approval of a bond resolution adopted by the Board of Directors of the Schertz/Segnin Local Government Corporation anthorizing the issnance of obligations designated as "Schertz/Seguin Local Government Corporation contract revenue refunding bonds, series 200S", acknowledging that these obligations were sold to the first Southwest Company, as the authorized representative of a group of underwriters pursnant to the provisions of a pnrchase contract; ratifying, reconfirming and readopting the . zi.ft . provisions of a regional water supply contract executed betwecn the City of Schertz, Texas, the City of Segnin, Texas, and the Schertz/Seguin Local Government Corporation; authorizing the Mayor, City Secretary, and the Interim City Manager of the City of Schertz, Texas to execute on behalf of the City of Schertz, Texas all documents in connection with this transaction; and other matters in connection therewith. Mr. McLiney of Southwest Securities explained the Resolution related to the Revenue Refunding Bond, Series 2005; explained the summary provided for Council and gave details on savings; net result being $40,000 of which each City would get half (reduction of payments). He indicated the Corporation took action to proceed; however it takes each City's approval to actually sell the Corporation bonds. He mentioned, that Seguin Council earlier this evening was still debating the issue, and added that Council is still in session and will update on the decision as soon as he receives phone call. He went on to say that he recommends proceeding and hopefully before the end of the meeting will have answer on the Seguin Council decision. There was no further discussion, Council member Greenwald moved to approve the Bond Resolution as presented. Council member Douglas seconded the motion, which followed with the following votes: . AYES: Councihnembers Douglas, Agee, Wilenchik and Greenwald NAY: None. At this time, Mayor Baldwin moved to item #8, giving Mr. McLiney the opportunity to call Seguin for an update on Council decision. #8 APPOINTMENT: Consider and take action on appointment of City Prosecutor for legal services. Mayor Baldwin asked for any comment or discussion on the appointment of the City Prosecutor. There was none. Council member Wilenchik moved to approve the appointment of Darrell S. Dulling as City Prosecutor. Council member Greenwald seconded the motion, which carried with the following votes: AYES: Councihnembers Douglas, Agee, Wilenchik and Greenwald. NAY: None. At this time, Mr. McLiney reported that the item failed the first time and Council is in conference negotiation, and hopefully the item would come back to Council shortly. Will keep Council posted. . Mayor Baldwin continued with the next agenda item. #5 ORDINANCE: Consideration and approval of an Ordinance authorizing the issuance of "City of Schertz, Texas combination tax and subordinate lien revenue '2-4:1. certificates of obligation, series 2005"; providing for the payment of said certificates by the levy of an ad valorem tax upon aU taxable property within the City and . further securing said certificates by a snbordinate and inferior lien on and pledge of the net revenues of the system; providing the terms and conditions of said certificates and resolving other matters incident and relating to the issuance, payment, seeurity, sale, and delivery ofsaid certificates, inclnding the approval and distribution of an official statement; authorizing the execution of a paying agent/registrar agreement and a purchase contract; complying with the requirements of the letter of representations with the depository trust company; and providing an effeetive date. Mayor Baldwin introduced an Ordinance a read the caption as follows: ORDINANCE NO. OS-B-18 Consideration and approval of an Ordinance authorizing the issuance of "City of Schertz, Texas combination tax and subordinate lien revenue certificates of obligation, series 2005"; providing for the payment of said certificates by the levy of an ad valorem tax upon all taxable property within the City and further seeuring said certificates by a subordinate and inferior lien on and pledge of the net revenues of the system; providing the terms and conditions of said certificates and resolving other matters incident and relating to the issuance, payment, security, sale, and dclivery of said certificates, including the approval and distribution of an official statement; authorizing the exeeution of a paying agent/registrar agreement aud a purchase contract; complying with the requirements of the letter of representations with the depository trust company; and providing an effective date. . Mr. Mark McLiney stated he was pleased to report the City of Schertz has been upgraded to AA- Standard & Poor's rating. The City deserves the credit, because this type of ratiog is not handed out very easily. At this time, he explained the handout relating to the final sale results (Utility System Debt Obligations). Interim City Manager Bierschwale explained how the money would be utilized (selling of bonds); construction of one million gallon elevated storage tank on Live Oak Road with total construction cost of $3.2 million. Without further discussion, Council member Greenwald moved to approve the Ordinance authorizing the issuance of City of Schertz, Texas combination tax and subordinate lien revenue certificates of obligation, series 2005. Council member Agee seconded the motion, which carried with the following votes: AYES: Councilmembers Douglas, Agee, Wilenchik and Greenwald NAY: None. . 1- .:)0 . #6 PUBLIC HEARING: To receive citizen comments regarding a request from JMLG Holdings, Ltd to rezone 61.295:1: acres from Pre-Development District (PD), General Business (GB) and Apartment/Multi-Family Residential (R-4) to Single-Family Residential R-7). Mayor Baldwin explained the procedures to be followed at Public Hearing. At this time, Mayor Baldwin excused himself and turned the meeting over to Mayor Pro- tern Agee. Ms. Misty Nichols Planning Tech explained the rezoning issue of 61.295:1: acres and covered the current zoning and proposed rezoning to Single-Family Residential District-7 (R-7). Council member Agee inquired on how many letters were sent to property owners. She was advised that 29 letters were sent out; two received in favor and two in opposition. It was pointed out that one of the property owners (in opposition) did not understand the rezoning issue. He stated concern of zoning becoming Multi-Family District, when in fact the current zoning is Multi-Family. If the individual were aware of the correct zoning it is believed he would be in favor of the rezoning. . Steve Bish. Castle Hill Drive inquired on drainage ditch at rear of his property. Half of it is cracked; not paved and have called in to have some one mow the area. Will the zoning affect the area as well? He was advised that the developer would be responsible for complying with FEMA requirements and City requirements as well. Robert Brockman. Elbel Road voiced concern relative to the number ofletters sent out and the number of responses (four) that were received. Does the letter have the correct wording? He was advised the letter is self-explanatory and easy to understand. It might be possible that individuals aren't taking the time to read the letter. Jennifer Fournier. 5013 Castle Hill voiced concern relative to would the development having it's own entrance. Will it have one off of FMl103 or share with Northcliffe entrance? She was advised the development would have it's own entrance. She was advised that concerns such as platting issues could be addressed at Planning & Zoning meetings and agenda's would be posted at City Hall and also on the City website. There being no further comments, Mayor Pro-tern Agee closed the Public Hearing. #7 ORDINANCE: Consider and take action on first reading of Ordinance rezoning 61.295 acres from Pre-Development District (PD, General Business (GB) and ApartmentlMultilFamily Residential (R-4) to Single- Family Residential (R-7). . Council member Greenwald moved to approve first reading of Ordinance rezoning 61.295 acres from Pre-Development District (pD, General Business (00) and Apartment/MultilFamily Residential (R-4) to Single- Family Residential (R-7). Council member Douglas seconded the motion, which carried with the following votes: zSI AYES: Councilmembers Douglas, Agee, Wilenchik and Greenwald NAY: None. #9 ORDINANCE: Consider and take action on final reading repealing Ordinance No. 05-C-04 relating to Fire Department and establishing a new Ordinance. A brief explanation was given relative to the new Fire Ordinance and Mayor Pro-tem Agee introduced the Ordinance and read the caption as follows: ORDINANCE NO. OS-C-19 AN ORDINANCE OF mE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, REPEALING ORDINANCE NUMBER 05-C-04, AND ESTABLISHING NEW ORDINANCE FOR CHAPTER 7, OF THE CODE OF ORDINANCES OF THE CITY OF SCHERTZ, TEXAS, RELATING TO THE FIRE DEPARTMENT, REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS; ADDING PROVISIONS FOR FEES FOR NON RESIDENTIAL FIRE PROTECTION SERVICES AND FIRE OPERATIONS; ADDING PROVISIONS FOR FINES FOR VIOLATIONS OF CERTAIN PROVISIONS OF THE CODE; INCLUDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE. Council member Wilenchik moved to approve repealing Ordinance OS-C-04, and establish new Fire Department Ordinance. Council member Greenwald seconded the motion, which carried with the following votes: AYES: Councilmembers Douglas, Agee, Wilenchik and Greenwald. NAY: None. #10 Consider and take action on approval of the following for tbe annual 4th of Jnly Jubilee: (a) Variance request to extend closing hours of Pickrell Park; (b) Resolution regarding alcohol consumption for the 3cd and 4th of July; and (c) Contract between the City of Schertz and the Schertz Business Association. a. Variance request to extend closing hours of Pickrell Park. Council member Douglas moved to approve the variance request to extend closing hours of Pickrell Park. Council member Greenwald seconded the motion, which carried with the following votes: AYES: Councilmembers Douglas, Agee, Wilenchik and Greenwald. NAY: None. b. Resolution regarding alcobol consnmption for the 3'" and 4th of July. A Resolution was introduced and caption was read as follows: 25"2.- . . . . . . RESOLUTION NO. 05-R-09 A Resolution by the City Couucil of the City of Schertz, Texas designating a particular area and particular dates for which alcoholic beverages may be brought into or removed from Pickrell Park. Council member Greenwald moved to approve the resolution designated a particular area and particular dates for which alcoholic beverages may be brought into or removed from Pickrell Park. Council member Douglas seconded the motion, which carried with the following votes: AYES: Councilmembers Douglas, Agee, Wilenchik and Greenwald. NAY: None. c. Contract between City of Schertz and the Schertz BusinessAssociation. Council member Wtlenchik moved to approve the contract between City of Schertz and the Schertz Business Association. #11 ORDINANCE: Consider and take action on first reading of Ordinance regarding Tax Abatement and Tax Abatement Agreement for and with Valero Diamond, L.P. After. a brief discussion, Council member Douglas moved to approve first reading of Ordinance regarding Tax Abatement and Tax Abatement Agreement for and with Valero Diamond, L.P. Council member Greenwald seconded the motion, which carried with the following votes: AYES: Councilmember Douglas, Agee, and Greenwald. OPPOSED: Council member Wtlenchik. #12 ORDINANCE: Consider and take action on first reading of Ordinance regarding Tax Abatement and Tax Abatement Agreement for and with Atlee Schertz, Ltd. Council member Douglas moved to approve first reading of Ordinance regarding Tax Abatement and Tax Abatement Agreement with Atlee Schertz, Ltd. Council member Greenwald seconded the motion, which carried with the following votes: AYES: Councilmembers Douglas, Agee, Wilenchik and Greenwald NAY: None. #13 ORDINANCE: Consider and take action on first reading of Ordinance repealing Tax Abatement 04-T-36 and Tax Abatement Agreement for and with Safeguard Security Services, Ltd. and establishing a new Tax Abatement Ordinance and Tax Abatement Agreement for and with Realtex Holdings, 3009 L.P. Council member Douglas moved to approve first reading of Ordinance repealing Tax Abatement 04- T -36 and Tax Abatement Agreement for and with Safeguard Security t.!r3 Services, Ltd. and establishing a new Tax Abatement Ordinance and Tax Abatement Agreement for and with Realtex Holdings, 3009 L.P. Council member Greenwald . seconded the motion, which carried with the following votes: AYES: Councilmembers Douglas, Agee, Wilenchik and Greenwald NAY: None. #14 Consider and take action to take from the table (tabled 4-S-0S) action on Resolntion adopting a new city seal. Council member Wilenchik moved to take from the table action on Resolution adopting new seal that was tabled AprilS, 2005. Council member Greenwald seconded the motion, which carried with the following votes: AYES: Councilmembers Douglas, Agee, Wilenchik and Greenwald NAY: None. #15 RESOLUTION: Consider and take action on Resolution adopting a new city seal. Council regarding the new City seal held a brief discussion. Without further discussion, Council member Greenwald moved to adopt the new city seal. Council member Wilenchik seconded the motion, which carried with the following votes: . AYES: Councilmembers Douglas, Agee, Wilenchik and Greenwald NAY: None. #16 RESOLUTION: Consider and take action on Resolntion approving land use agreements with Betty L. Tate and Timothy A. Tate. A brief discussion was held regarding negotiation with the Tate family and the term agreement reached by the family and the City. It was pointed out the agreement between Mrs. Tate and Mr. Tate allows the continued existence of single residence structure on each property. Both Mrs. Tate and Mr_ Tate are satisfied with the terms. Approval is recommended. A resolution was introduced and the caption was read as follows: RESOULTION NO. OS-R-ll A Resolntion by the City Conncil of the City of Schertz, Texas approving land use agreement with Betty L. Tate and Timothy A. Tate; and other maters in connection therewith. Council member Douglas moved to approve Resolution approving land use agreements . with Betty L. Tate and Timothy A. Tate. Council member Greenwald seconded the motion, which carried with the following votes: 2Sl! . AYES: Councilmembers Douglas, Agee, Wilenchik and Greenwald NAY: None. #17 Items by Interim City Manager General Announcements . Announced he would be out of town, Wednesday through Friday, and Dudly Wait, EMS Director would be acting City Manager in his absences. #18 Items by Council General Announcements Conncil member Douglas Liaison- EDC Liaison- Schertz Library Board · Inquired on status of U-turn signage at Ripps-Kreusler. He was advised the issue is still being worked with TXDot. . Reported attending Library Board last evening where a proposal from architect was introduced relative to preparing visual, rendering, and a library study for the sum of $5, 000. He would like to place this item on next week workshop agenda for discussion on possible monetary assistance (half the cost) from the City. . Council member Simonson Liaison-BVY A . Absent Mayor Pro- Tem Agee Liaison Schertz Housing Authority Liaison Guadalupe County Children's Advocacy Center . Mentioned she would be out of town the 10th _13th of May. . Inquired on stop signs at Wiederstein access Road 1FM3009. She was advised the issue is being worked on. Council Member Wilenchik 4-B Board Liaison - Schertz Humane Society Liaison - HOA Coalition Ex-officio - TSAC Investment Advisor . · Reported on Doggy Dash Event and stated that 59 walkers have pre- registered. Advertising and placing flyers are falling behind. So, far $4,000 has been collected. 2.s5: . Would be out of town, the 11th _14th and possibly the 15th of May. Councilmember Greenwald 4-B Board Ex-officio P&Z Commission Ex-officio - S/SLGC . · Provided documents from the last meeting of the SSLGC. #19 Items by Mayor General Announcements . Mayor Baldwin briefed Council on the outcome of the Seguin City Council and the passage of the issuances of the bonds. At this time, Council took a five-minute break before going into Executive Session held in Conference Room across the hall. #20 EXECUTIVE SESSION: Called under Chapter 551, Texas Government Code, Section 551.071, Consultation with Attorney: settlement offer, and Section 551.074: Personnel Matters: Appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the City Secretary. An Executive Session was held from 8:25 to 9:30 pm. . #21 Action, if any on the subject of the above Executive Session. Section 551.071, Council member WlIenchik moved to accept the terms provided in the mutual settlement and release agreement in #SA02CAI064FB, U.S.D.C. Western District of Texas -Schertz Area Facility for Emergency Services Incorporated vs. City of Schertz and authorize the Interim City Manager to execute all necessary documents that affect the agreement. Council member Agee seconded the motion, which carried with the following votes: AYES: Councilmembers Douglas, Agee, Wilenchik and Greenwald NAY: None. Section 551.074, Council member Greenwald moved to accept City Secretary, Norma Althouse's standing retirement request and request that Interim City Manager proceed with the update of the City Secretary job description in coordination with the City Attorney. Council member Agee seconded the motion, which carried with the following votes: AYES: Councilmembers Douglas, Agee, Wilenchik and Greenwald NAY: None. . Z~ #22 ADJOURNMENT . There being no further business to discuss, Mayor Balwin adjourned the meeting of9:35 pm. / ATTEST: , City of Schertz, Texas . . :< S- 'l