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ccrg 05-17-2005 . COUNCIL - REGULAR SESSION Tuesday, May 17, 200S The Schertz City Council convened in regular session on Tuesday, May 17, 200S at 7:00 pm in the Municipal 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, Simonson and Ken Greenwald. 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 introduced Mr. Don Taylor, new city manager, and announced that this evening the City would be saying farewell to a long time friend and Council Member and welcoming a new Council Member. #1 PROCLAMATION AND RECOGNITION OF EMS EMPLOYEES Mayor Baldwin read proclamation proclaiming the week of May 15-21, 2005 as Emergency Medical Service Week in the City of Schertz. Dudley Wait, EMS Director accepted proclamation on behalf of the Department. . At this time, Mayor Baldwin read proclamation proclaiming the week of May 15-21, 2005 as National Law Enforcement Week and proclaimed May 17, 2005 as Law Enforcement Appreciation Day in the City of Schertz. Chief Starr accepted on behalf of the department and read a list of fallen officers for the State of Texas. #2 PRESENTATION-SCHERTZ POLICE DEPARTMENT Chief Starr stated that in recognition of National Law Enforcement Week he would like to recognize past and present officers who have dedicated themselves to the City of Schertz and honor them on this day. He provided a brief account (year of incident) on each officer. The following were recognized: Officer Jones-received an Outstanding Commendation Award and pin - June 28, 2002 Officer Nixon received a purple heart - June 28, 2002 Kim Lewinski received a purple heart- September 9, 2001 Mac Sorley received a purple heart -September 10, 1985 Officer Kunz received a silver star- March 4, 200S #3 PRESENTATION: TEEN COURT SCHOLARSHIP . Judge Padgett recognized four outstanding students from Samuel Clemens High School as scholarship recipients. These four students have demonstrated a high-level of commitment to the community, as well as maintaining academic standards. The following students received a $500.00 scholarship: :<(,,7 . Christopher Lyon . Lindsey Mantor . Jessica Frego · Bradley Claus . #4 HEARING OF RESIDENTS Robert Brockman 1000 Elbel made the following comments: . Reported that meeting held at I :00 p.m. with Cuellar's office did not have a very good turn out. . Grant money for Library's has been released, and believes if the City works on it, can get some grant money. · Inquired if the matter with Shipley Douglmuts has been resolved. #5 APPROVAL OF MINUTES: Special Workshop Session-April 27, 2005 Council Member Greenwald moved to approve the minutes of Workshop Session, April 27, 2005. Council Member Douglas seconded the motion, which carried with the following votes: AYES: Council Members Douglas, Simonson, Agee, Wilenchik and Greenwald. NAYS: None #6 ORDINANCE: Consider and take action on fmal reading Ordinance . rezoning 61.295 acres from Pre-Development District (pD, General Business (GB) and ApartmentlMulti/Family Residential (R-4) to single-Family Residential (R-7). Mayor Baldwin introduced an ordinance and read caption as follows: ORDINANCE NO. 05-S-20 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE UNIFIED DEVELOPMENT CODE (UDq ORDINANCE No. 96-S-28 BY REZONING 61.295:1: ACRES OUT OF GUADALUPE COUNTY AND PARTIALLY IN COMAL COUNTY, TEXAS FROM PRE-DEVELOPMENT DISTRICT (PD), GENERAL BUSINESS DISTRICT (GB), AND APARTMENT/MULTI-FAMILY RESIDENTIAL DISTRICT-4 (R-4) TO SINGLE-FAMILY RESIDENTIAL- 7 (R-7). Council Member Douglas moved to approve final reading of Ordinance rezoning 61.295 acres from Pre-Development District (PD, General Business (OB) and ApartmentlMultilFamily Residential-4 (R-4) to Single-Family Residential-7 (R-7). Council Member Simonson seconded the motion, which carried with the following votes: . ~f.,8 . AYES: Council Members Douglas, Simonson, Agee, Wilenchik and Greenwald NAYS: None #7 ORDINANCE: Consider and take action on f'mal reading of Ordinance regarding Tax Abatement and Tax Abatement Agreement for and with Valero Diamond, L.P. Mayor Baldwin introduced an ordinance and read caption as follows: ORDINANCE NO. OS-T-21 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS APPROVING A TAX ABATEMENT AND A TAX ABATEMENT AGREEMENT BY THE CITY COUNCIL FOR AND WITH VALERO DIAMOND, L.P., A PROPERTY OWNER IN THE CITY OF SCHERTZ. Council Member Douglas moved to approve final reading of Ordinance regarding Tax Abatement and Tax Abatement Agreement for and with Valero Diamond, L.P. Council member Agee seconded the motion, which carried with the following votes: AYES: Council Members Douglas, Simonson, Agee, and Greenwald NAYS: Council Member Wilenchik . #8 ORDINANCE: Consider and take action on f'mal reading of Ordinance regarding Tax Abatement and Tax Abatement Agreement for and with Atlee Schertz, Ltd. Mayor Baldwin introduced an ordinance and read caption as follows: ORDINANCE NO. OS-T-22 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, APPROVING A TAX ABATEMENT AND TAX ABATEMENT AGREEMENT BY THE CITY COUNCIL FOR AND WITH ATLEE SCHERTZ, LTD., A PROPERTY OWNER IN THE CITY OF SCHERTZ. Council Member Greenwald moved to approve final reading of Ordinance regarding Tax Abatement and Tax Abatement Agreement for and with Atlee Schertz, Ltd. Council Member Wilenchik seconded the motion, which carried with the following votes: AYES: Council Members Douglas, Simonson, Agee, Wilenchik and Greenwald NAYS: None . .':<~q #9 ORDINANCE: Consider and take action on fmal reading of Ordinance repealing Tax Abatement 04-T-36 and Tax Abatement Agreement for and with Safeguard Security Services, Ltd. and established a new Tax Abatement Ordinance and Tax Abatement Agreement for and with Realtex Holding, 3009 L.P. . Mayor Baldwin introduced an ordinance and read caption as follows: ORDINANCE NO. OS-T-23 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, 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 BY THE CITY COUNCIL FOR AND WITH REALTEX HOLDINGS 3009, L.P., A PROPERTY OWNER IN THE CITY OF SCHERTZ. Council Member Agee moved to approve final reading of Ordinance repealing Tax Abatement 04-T-36 and Tax Abatement Agreement for and with Safeguard Security Services, Ltd. and established a new Tax Abatement Ordinance and Tax Abatement Agreement for and with Realtex Holding, 3009 L.P. Council Member Greenwald seconded the motion, which carried the following votes: AYES: Council Members Douglas, Simonson, Agee, Wilenchik and Greenwald NAYS: None . #10 Consider and take action setting public Hearing date of June 7, 200S regarding Rezone of 26.38S:t acres from Apartment/Multi-Family Dwelling District- 4 (R-4) to General Business (GB). Council Member Greenwald moved to approve setting public hearing date of June 7, 2005 to rezone 26.385:1: acres from Apartment/Multi-Family Dwelling District-4 (R-4) to General Business (GB). Council Member Wilenchik seconded the motion, which carried the following votes: AYES: Council Members Douglas, Simonson, Agee, Wilenchik and Greenwald NAYS: None #11 BID AWARD: Consider and take possible action on awarding bid for Maske Road Drainage Improvements. After review, it was determined that R.L Jones was the lowest and best-qualified bid for the Maske Road Dietz Creek Drainage Improvement project. Public Works and Ford Engineering recommend awarding bid to R. L. Jones in the amount of$660,785. . :t7o . Council Member Wilenchik moved to approve awarding R. L. Jones the bid in the amount of $660,785 for Maske Road Drainage hnprovement. Council Member Greenwald seconded the motion, which carried the following votes: AYES: Council Members Douglas, Simonson, Agee, Wilenchik and Greenwald NAYS: None #12 Consider and take action regarding City participation regarding Library study. Interim City Manager Bierschwale reminded Council of recommendation decision made at last workshop session regarding funding half (2,500) of$5,000 to do Library study. After a brief discussion, it was determined and recommended the City fund the full amount of$5,000. Council Member Wilenchik moved to approve to fund the full amount of $5,000 for Library study. Council Member Douglas seconded the motion, which carried the following votes: AYES: Council Members Douglas, Simonson, Agee, Wilenchik and Greenwald NAYS: None #13 CANV ASSSING OF ELECTION RETURNS: Consider and take action . regarding canvassing of election returns for General City Election of May 7, 2005. Mayor Baldwin introduced an ordinance and read caption as follows: ORDINANCE NO. 05-E-24 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS CANVASSING THE RETURNS AND DECLARING THE RESULTS OF THE CITY GENERAL ELECTION HELD IN SAID CITY ON THE SEVENTH DAY OF MAY, 2005, AND DECLARING AN EMERGENCY. Mayor Baldwin reported that official results of City General Election held on May 7, 2005 were received and the results are as follows: POSITION CANDIDATE VOTES Council Member, Place 3 James MacSorley 529 Regiuna Agee 709 Council Member, Place 4 Tony Wilenchik 527 Jerry D. Graham 269 . David L. Scagliola 458 ~7/ Council Member, Place 5 Michael Carpenter Ken Greenwald 731 520 . Reginna Agee was declared the winner for Place 3, Tony Wilenchik was declared the winner for Place 4 and Michael Carpenter was declared the winner for Place 5. Council Member Douglas moved to approve the election returns for the City General Election held May 7, 2005 and declaring Reginna Agee the winner for Place 3, Tony Wilenchik the winner for Place 4 and Michael Carpenter the winner for Place 5. Council Member Simonson seconded the motion, which carried the following votes: AYES: Council Members Douglas, Simonson, Agee, Wilenchik and Greenwald NAYS: None #14 SWEARING-IN OF ELECTED OFFICALS Mayor Baldwin gave the Oath of Office to Council Member Reginna Agee, Council member Wilenchik and Council Member Carpenter and congratulated them on their victory. At this time, Mayor Baldwin said farewell to Ken Greenwald and thanked him for the many years (21 Y2) of service, dedication and contributions to the City. #15 Items by City Manager General Announcement . . Thanked Council and citizens for a super welcome, mentioned he was very impressed with staffs professionalism. . Excited to be in the City of Schertz and grateful to council for giving him the opportunity to serve citizens of Schertz. #16 Items by Council General Announcements Councilmember Douglas Liaison EDC Liaison-Schertz Library Board . Thanked Council for support in funding the Library study. . Welcomed Mr. Taylor and Mr. Carpenter, looks forward to working with them both. Councilmember Simonson 4- B Board Liaison BVY A . Welcomed Mr. Taylor and Mr. Carpenter. . ~1"2.- . Mayor Pro- Tem Agee Liaison Schertz Housing Authority Liaison Guadalupe County Children's Advocacy Center . Welcomed both Mr. Taylor and Mr. Carpenter, glad to have both on board. . Reported the Children's Center serviced 25 new cases in April and the center is looking for new volunteers. Councilmember Wilenchik 4-B Board Liaison Schertz Humane Society Liaison HOA Coalition Ex-officio- TSAC Investment Advisor . Welcomed Mr. Taylor and Mr. Carpenter. . Met with Debbie Bell, Northcliffe Subdivision regarding grant money for park. . Reported having two Homeowners Association meetings, June 2nd and 6t1i. Would like Mr. Taylor to join him at the June 2nd meeting, and noted that Dudley would join him on the 6th of June meeting. . Is interested in becoming liaison to the Planning and Zoning Commission. . Reminder of Doggy Dash 5K run next Saturday, 8:00 am. So far 100 runners and walkers registered and approximately $5,000 in sponsorship money. . Councilmember Greenwald 4-B Board Ex-officio P & Z Commission Ex-officio SSLG Corp. . Thanked everyone. Councilmember Elect Carpenter . Thanked his family and voters for their support. . Thanked Mr. Greenwald for his many contributions to the City as well as Mr. Douglas for bringing forward the matter of funding for the Library Study. . Welcomed Mr. Taylor. . Thanked city staff for all their help. . On Saturday, June 21 sl EMS demos will be held at the Forum. #17 Items by Mayor General Announcements . . Welcomed Mr. Finley to the school board. · Introduced Gerald Lee, Scoutmaster with troop #51, son working on merit badge. . Thanked Interim City Manager Bierschwale for all his support and for being a dedicated role model for the City the last 7 months. ~73 At this time Council took a short break before going into Executive Session. #18. EXECUTIVE SESSION: Called under Chapter 551, Texas Government . Code, a. Section 551.071, Consultation with City Attorney, pending or contemplated litigation and b. Section 551.72 Deliberation regarding real property, and c. Section 551.074: Personnel Matters: Appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the City Secretary. An Executive Session was held from 8:10 p.m. - 9:15 p.m. #19 Action, if any on the subject of the above Executive Session. No Action was necessary. #20 RESOLUTION: Consider and take action on Resolution regarding setting a Public Hearing on the proposed extension of a moratorium on property development in a platted residential subdivision; approving and authorizing the publication of a noticed relating to these matters; and matters in connection therewith. Mayor Baldwin introduced an Resolution and read caption as follows: RESOLUTION NO. 05-R-12 . A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ SETTING A PUBLIC HEARING ON THE PROPOSED EXTENSION OF A MORATORIUM ON PROPERTY DEVELOPMENT IN A PLATTED RESIDENTIAL SUBDIVISION; APPROVING AND AUTHORIZING THE PUBLICATION OF A NOTICED RELATING TO THESE MATTERS; AND MATTERS IN CONNECTION THEREWITH. Council Member Agee moved to approve Resolution regarding setting a Public Hearing on the proposed extension of a moratorium on property development in a platted residential subdivision; approving and authorizing the publication of a noticed relating to these matters; and matters in connection therewith. Council Member Simonson seconded the motion, which carried with the following votes: AYES: Council Members Douglas, Simonson, Agee, Wilenchik and Carpenter NAYS: None . ?71 . . . #21 ADJOURMENT T"'rehcing""furtb<<Im"=M_B"'~hP.m. Mayor, City of Schertz, Texas ATTEST: ~7S-