ccrg 06-21-2005
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COUNCIL - REGULAR SESSION
Tuesday, June 21, 2005
The Schertz City Council convened in regular session on Tuesday, June 21, 2005 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, Steve Simonson, Reginna Agee, and
Michael Carpenter. Council Member Tony Wilenchik was absent. Schertz City
Manager Don Taylor 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.
#1 INTRODUCTION OF NEW CITY EMPLOYEES
Sam Willoughby, Public Works Director, introduced the following new Public Works
employees:
. Richard Stead
. Chris Hemandez
. Chet Doughty
. Jonathan Burr
Judge Padgett introduced the following new Municipal Court Employees:
. Patricia Vasquez, Deputy Court Clerk
. William Sutton, Warrant Officer
Ms. Amy Madison, Economic Development Director, introduced Nancy McBeth New
Planning Director, and read a short biography.
#2 HEARING OF RESIDENTS
David Richmond 2921Bent Tree Drive, stated would speak on agenda items #6 and #13.
#3
APPROVAL OF MINUTES:
Regular Session, May 17, 2005
Corrections were modified to items #12, #17, and #20 (typographical error's).
Council Member Agee moved to approve the minutes of Regular Session, May 17, 2005
as corrected. Council Member Douglas seconded the motion, which carried with the
following votes:
AYES: Council Members Douglas, Simonson, Agee, and Carpenter
NAYS: None
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#4 PUBLIC HEARING: Considering the extension of a moratorium on
property development in a platted residential subdivision.
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Robert Brockman, concerned citizen, asked where do we stand, relating to the
moratorium.
Mayor Baldwin stated, the city is working on it with Legislation, however it may take
another extension if an extension is allowed.
#5 ORDINANCE: Consider and take action on first reading of Ordinance
extending a moratorium on property development in a platted subdivision.
Council Member Simonson moved to approve first reading of Ordinance extending a
moratorium on property development in a platted subdivision. Council Member Agee
seconded the motion, which carried with the following votes.
AYES: Council Members Douglas, Simonson, Agee, and Carpenter
NAYS: None
#6 ORDINANCE: Consider and take action on ("mal reading of Ordinance
rezoning of 26.385:t acres from Apartrnent/Multi-Family DweDing District-4 (R-4)
to General Business (GB).
ORDINANCE NO. 05-S-27
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BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AMENDING THE UNIFIED DEVELOPMENT CODE (UDC)
ORDINANCE NUMBER. 96-S-28 BY REZONING OF 26.385:t ACRES
OUT OF GUADALUPE COUNTY, TEXAS FROM APARTMENT/MUTI-
FAMILY DWELLING RESIDENTIAL DISTRICT-4 (R-4) TO GENERAL
BUSINESS (GB).
Council Member Douglas moved to approve final reading of Ordinance rezoning 26.385:t
acres from Apartment/Multi-Family Dwelling District-4 (R-4) to General Business (GB).
Council Member Simonson seconded the motion, which carried with the following votes.
AYES: Council Members Douglas, Simonson, and Carpenter
NAYS: Council Member Agee
#7 ORDINANCE: Consider and take action on ("mal reading of Ordinance
revising Chapter 18, Traffic, Article II, Operation of Vehicles Generally, Section 18-
30-(b), Restrictions on turning.
Mayor Baldwin introduced an Ordinance and read the caption as follows:
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ORDINANCE NO. 05-D-28
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
PROVIDING THAT THE CODE OF ORDINANCE OF THE CITY OF
SCHERTZ, TEXAS BE AMENDED BY REVISING CHAPTER 18,
TRAFFIC, ARTICLE II, SECTION 18-30-(b), RESTRICTIONS ON
TURNING; PROVIDING AN EFFECTIVE DATE; AND PROVIDING A
REAPEALING CLAUSE.
Council Member Douglas moved to approve final reading of Ordinance revising Chapter
18, Traffic, Article II, Operation of Vehicles Generally, Section 18-30-(b), Restrictions
on turning. Council Member Agee seconded the motion, which carried with the following
votes.
AYES: Council Members Douglas, Simonson, Agee, and Carpenter
NAYS: None
#8 ORDINANCE: Consider and take action on fmal reading of Ordinance
revising Chapter 18, Traffic, Article V, Stopping, Standing and Parking, Section 18-
90-Parking for certain purposes prohibited and Section 18-91-Parking Prohibited.
Mayor Baldwin introduced an Ordinance and read the caption as follows:
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ORDINANCE NO. 05-D-29
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
PROVIDING THAT THE CODE OF ORDINANCES OF THE CITY OF
SCHERTZ, TEXAS BE AMENDED BY REVISING CHAPTER 18,
TRAFFIC, ARTICLE V, STOPPING, STANDING AND PARKING-
SECTION 18-90-PARKING FOR CERTAIN PURPOSES PROHIBITED
AND SECTION 18-91-PARKING PROHIBITED; AND PROVIDING A
REPEALING CLAUSE.
Council Member Simonson moved to approve final reading of Ordinance revising
Chapter 18, Traffic, Article V, Stopping, Standing and Parking, Section 18-90, Parking
for certain purposes prohibited and Section 18-91-Parking Prohibited. Council Member
Agee seconded the motion, which carried with the following votes.
AYES: Council members Douglas, Simonson, Agee, and Carpenter
NAYS: None
#9 ORDINANCE: Consider and take action on fmal reading of Ordinance
revising Chapter 18, Traffic, Article IV, Speed Regulations, Section 18-76,
MaxinlUm Limits on Specific Streets.
. Mayor Baldwin introduced an Ordinance and read the caption as follows:
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ORDINANCE NO. 05-D-30
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BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
PROVIDING THAT THE CODE OF ORDINANCES OF THE CITY OF
SCHERTZ, TEXAS BY AMENDED BY REVISING SECTION 18-76,
MAXIMUM LIMITS ON SPECIFIC STREETS; AND PROVIDING A
REPEALING CLAUSE.
Council Member Agee moved to approve final reading of Ordinance revising Chapter 18,
Traffic, Article N, Speed Regulations, Section 18-76, Maximum Limits on Specific
Streets. Council Member Carpenter seconded the motion, which carried with the
following votes:
AYES: Council members Douglas, Simonson, Agee, and Carpenter
NAYS: None
#10 ORDINANCE: Consider and take action on first reading of Ordinance
regarding Tax Abatement and tax abatement agreement with TC II Land, L.P.
No changes were reported.
Council Member Simonson moved to approve first reading of Ordinance regarding Tax
Abatement and tax abatement agreement with TC II Land, L.P. Council Member
Douglas seconded the motion, which carried with the following votes: .
AYES: Council members Douglas, Simonson, Agee, and Carpenter
NAYS: None
#11 ORDINANCE: Consider and take action on fIrst reading of Ordinance
regarding Tax Abatement and tax abatement agreement with ProLogis
Development Services.
Council Member Carpenter stated that generally he doesn't support ten-year tax
abatements, however, will support ProLogis because of the companies good record with
the City of Schertz. The company so far has 3 projects within the City of Schertz, and
two are ahnost 100% leased. He went on to say that in the future, he would have to be
thoroughly convinced on a case-to-case basis for ten-year abatements.
Council Member Douglas moved to approve first reading of Ordinance regarding Tax
Abatement and tax abatement agreement with ProLogis Development Services. Council
Member Carpenter seconded the motion, which carried with the following votes:
AYES: Council members Douglas, Simonson, Agee, and Carpenter
NAYS: None
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#12 DEVELOPMENT FEES: Consider and take action amending fee schedule
for development related to application fees and activities as generally described
within the Unified Development Code (UDC).
City Manager Taylor reported no changes to the Ordinance and noted that after research
the City falls riglit in line with surrounding Cites relative to fees.
Council Member Douglas moved to approve amending fee schedule for development
related to application fees and activities as generally described within the Unified
Development Code (UDC). Council Member Carpenter seconded the motion, which
carried with the following votes:
AYES: Council members Douglas, Simonson, Agee, and Carpenter
NAYS: None
#13 Consider and take action on appeal of decision made by the Planning and
Zoning Commission on 14 June 2005 regarding a variance to Article VI (Density
and Dimension Requirements) of the Unified Development Code.
Nancy McBeth, Director of Planning, stated that applicant Larry Aiken OWD
Management), request to reduce the minimum side yard from 7.5 feet to 5 feet was
denied by the Planning and Zoning Commission on 14 of June 2005. Ms. McBeth stated
the Planning Commission discussed the following concerns:
· Construction of utilities
. Drainage
. Fire access/Safety issues
. Architectural projections
Ms. McBeth then stated the closer the structures are to each other the higlier the
requirement for structure standards.
Mr. Aiken made the following comments on behalf of builders and explained their
concerns
1. Market Changes
2. Selling price on issues
3. Infill product etc.
City Manager Taylor stated in his opinion variances of this nature are a mistake.
After a brief discussion, covering such issues as timeline lot size etc., Council Member
Douglas move to approve the decision made by the Planning and Zoning Commission on
14 June 2005 regarding a variance to Article VI (Density and Dimension Requirements)
of the Unified Development Code. Council Member Carpenter seconded the motion,
which carried with the following votes:
307
AYES: Council Member Douglas, Carpenter
NAYS: Mayor Baldwin, Council Member Simonson, and Agee
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The vote failed, and after discussion it was determined to place the appeal regarding the
variance to Article VI (Density and Dimension Requirements) of the Unified
Development Code at the next workshop meeting.
#14 RESOLUTION: Consider and take action concerning designation of a tax
increment investment zone by the City of Schertz; authorizing preliminary actions;
and other matters in connection therewith.
Mayor Baldwin introduced a Resolution and read the caption as follows:
RESOLUTION NO. 05-R-13
RESOLUTION CONCERNING DESIGNATION OF A TAX
INCREMENT INVESTMENT ZONE BY THE CITY OF SCHERTZ;
AUTHORIZING PRELIMINARY ACTIONS; AND OTHER MATTERS
IN CONNECTION THEREWITH
Council Member Agee moved to approve resolution concerning designation of a tax
increment investment zone by the City of Schertz; authorizing preliminary actions.
Council Member Simonson seconded the motion, which carried with the following votes:
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AYES: Council Members Douglas, Simonson, Agee, and Carpenter
NAYS: None
#15 Items by City Manager Taylor
General Announcement
· Recognized Rita-Duprat Waldo for her hard work regarding refund on TML
Liability fund relative to loss. The City of Schertz will be refunded 50%.
#16 Items by Council
General Announcements
Council Member Douglas
Liaison EDC
Liaison-Schertz Library Board
· Agreed with discussion on Item #13.
Council Member Simonson
Liaison BVY A
. No comments
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Mayor Pro- Tem Agee
Liaison Schertz Housing Authority
Liaison Guadalupe County
Children's Advocacy Center
. No comments
Council Member Wilenchik
Liaison Schertz Humane Society
Liaison HOA Coalition
Liaison-P&Z Commission
Investment Advisor
. Not present
Council Member Carpenter
Liaison- TSAC
. No Comments
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#17 Items by Mayor Baldwin
General Announcements
Liaison-SSLGC
. Referenced a letter received from Miss Junior America Corporation regarding a
young lady from the City of Schertz, who has been given the title of City Queen.
This young lady, Ms. Tamika Cunningham City Queen, would represent the City
at different functions throughout the State as well as local functions. He asked that
the City Manager coordinate a future date to introduce her at a future Council
meeting.
#18 ADJOURMENT
There being no further business Mayor Baldwin closed the meeting
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