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ccrg 08-16-2005 . . . COUNCIL - REGULAR SESSION Tuesday, August 16, 2005 The Schertz City Council convened in regular session on Tuesday, August 16, 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, Reginna Agee, Tony Wilenchik and Michael Carpenter. 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 AlIegiance to the Flag. Mayor Baldwin introduced Michael Mathy; Cub Scout working on Citizenship Merit Badge, also present is his dad and brother Kevin. Mayor Baldwin also introduced candidates that wilI be interviewed tonight for vacant Council Seat Place #2. #1 HEARING OF RESIDENTS James Balthazar: 3568 Peachtree Lane, informed Council and invited all to: . A Donor Awareness Event (Lone Star Transplant Games) scheduled October 7th thru the 91h, Clemens High School. Recipients of life-saving organ transplants compete in team sports. A Kid's Day is planned on the 81h-free to children less than 13 years of age. The public is invited to attend and participate. Robert Brockman: 1000 Elbel Road, commented on the folIowing: . Mentioned compensation. . Inquired on light control in the Library. . Sign of Masonic Lodge has been removed, is it stilI planned. . Informed about erosion on NW corner of bridge on Elbel Road. It should be taken care of. Henry Gutierrez: 2221 FM 3009, reiterated concems on the folIowing: . An attempt from the City of San Antonio to impose a fee of $2,200 per truck (colIection waste). He believes citizens of Schertz have nothing to do with this issue. He wants Council to take an interest-in this mandate. The fee's are too high and should not apply to the City. Mayor Baldwin informed, he would approach the issue by writing to the Mayor of San Antonio, and informing him Schertz does not support the user fee. Mr. Gutierrez believes it a push to get rid of smalI haulers. #2 APPROVAL OF MINUTES: Workshop Session- July 13, 2005 Regular Session- July 19, 2005 . Council Member Douglas stated Workshop Session of July 13, 2005 and Regular Session of July 19, 2005 had two (administrative) minor corrections that have been brought the attention of recording secretary. July 19, 2005 minutes had corrections to item #1 (delete 'e') and item #11 (period after duty) and delete the rest of the sentence. Corrections have been made. Council Member Douglas moved to approve minutes of Workshop Session-July 13, 2005 and Regular Session-July 19, 2005 with corrections noted. Council Member Agee seconded the motion, which carried with the folIowing votes: AYES: Council Members Douglas, Agee, and Carpenter NAYS: None #3 ORDINANCE: Consider and take action on final reading of Ordinance rezoning 2.440:t acres from Residential/Agricultural District (R-A) to Manufacturing District-Light (M-1). Mayor Baldwin introduced an Ordinance and read the caption as follows: ORDINANCE NO. 05-S-38 BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE UNIFIED DEVELOPMENT CODE (UDq ORDINANCE 96-S-28 BY REZONING 2.440:t ACRES OUT OF THE RAFAEL GARZA SURVEY, ABSTRACT NO. 93, GUADALUPE COUNTY, TEXAS FROM RESIDENTIAL/AGRICULTURAL DISTRICT (R-A) TO MANUFACTURING DISTRICT-LIGHT (M-1). . Council Member Carpenter moved to approve final reading of Ordinance rezoning 2.440:1: acres from Residential/Agriculture District (R-A) to Manufacturing District-Light (M-I). Council Member Agee seconded the motion, which carried with the following votes: AYES: Council Members Douglas, Agee, and Carpenter NAYS: None #4 ORDINANCE: Consider and take action on f'mal reading of Ordinance amending Article, XVI, (Administrative), Section 3.4 and 5.4. Mayor Baldwin introduced an Ordinance and read the caption as follows: ORDINANCE NO. 05-S-39 BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE UNIFIED DEVELOPMENT CODE (UDq . . ORDINANCE 96-S-28 BY REVISING ARTICLE XVI (ADMINISTRATIVE), SECTIONS 3.4 AND SECTIONS 5.4. PROVIDING AN EFFECTIVE DATE; AND PROVIDING A REPEALING CLAUSE. No changes were noted, Nancy McBeth stated the revision is to eliminate the requirement to call a public hearing as weII as to eliminate the requirement of seven day notice for an applicant to come before the Planning and Zoning. Council Member Carpenter moved to approve final reading of Ordinance amending Article XVI, (Administrative) Section 3.4 and 5.4, as described by City staff. Council Member Douglas seconded the motion, which carried with the foIIowing votes: AYES: Council Members Douglas, Agee, Wilenchik and Carpenter NAYS: None. #5 ORDINANCE: Consider and take action on first reading of Ordinance amending Article VII (Special Districts), Section 4.1, Paragraph 1. Mayor Baldwin introduced an Ordinance and read the caption as foIIows: AN ORDINANCE . BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING. THE UNIFIED DEVELOPMENT CODE (UDq ORDINANCE 96-2-28 BY REVISING ARTICLE VII (SPECIAL DISTRICTS), SECTION 4.1, PARAGRAPH 1. PROVIDING AN EFFECTIVE DATE; AND PROVIDING A REPEALING CLAUSE. Council Member Douglas asked for clarification on which option staff is recommending; Option 1 or 2. Nancy McBeth, Planning Director stated that staff recommendation is (Option 2) to leave the paragraph, but to add at the end of the paragraph the verbiage, "except for single family residential." She went to say that the Planning Commission favorably approved adding the verbiage to the end of the paragraph. Council Member Douglas moved to approve first reading of Ordinance amending Article VII (Special Districts), Section 4.1, Paragraph 1, to include language of option 2. Council Member Carpenter seconded the motion, which carried with the foIIowing votes: AYES: Council Members Douglas, Agee, Wilenchik, and Carpenter. NAYS: None #6 ORDINANCE: Consider and take action on f'mal reading of Ordinance amending Article VII (Special Districts) adding Section 7, Planned Unit Development (PUD), formerly, Alternative Development District (ADD). . Mayor Baldwin introduced an Ordinance and read the caption as foIIows: ORDINANCE NO. 05-S-40 BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE UNIFIED DEVELOPMENT CODE (UDC) ORDINANCE 96-S-28 BY AMENDING ARTICLE VII (SPECIAL DISTRICTS), ADDING SECTION 7 (pLANNED UNIT DEVELOPMENT). PROVIDING AN EFFECTIVE DATE; AND PROVIDING A REAPEALING CLAUSE. . It was explained that staff has included changes as suggested by Council; to keep the PUD designation, which would match the map designation, side yard proportionality, and to include language referring to the Randolph ACUIZ study, that anyone in the area of the ACUIZ would have to comply. Council Member Carpenter moved to approve final reading of Ordinance amending Article VII (Special Districts), Section 7, Planned Unit Development (PUD), formerly, Alternative Development District (ADD). Council Member Wilenchik seconded the motion, which carried with the following votes: AYES: Council Members Douglas, Agee, Wilenchik, and Carpenter NAYS: None. At this time, Mayor Baldwin asked to move item #9 next on the agenda, and introduced Chris Boenig, Chief of Appraiser, who would brief Council on proposed expansion. . #9 RESOLUTION: Consider and take action on Resolution approving the renovation and expansion to the existing facilities of Guadalupe Appraisal District. Mr. Chris Boenig, Chief of Appraiser gave a brief overview of the proposed renovation! expansion project of the existing facilities of the Guadalupe Appraisal District. He explained that the project has been in the works since 2001, the Board of Directors determined the renovation is needed and took the first step; purchase of I-acre of land directly behind the current facility. This was done with approval of entities involved. Recently, (first of the year) the Board hired architect to design the renovation of the existing facility. The project is to expand the office 3,500 sq. ft., and renovate the office building approximately 5,400 sq. ft. He comes before Schertz Council asking for City support, because of State mandate that governs the appraisal district to require that prior to actual construction, that at least 75% of the entities that the appraisal district appraises property for, approves the project. So far, the district has gone before four entities and three have given approval; City of Marion, York Creek Water District and Seguin Independent School District. County Commissioners Court denied. The project is expected to cost approximately $650,000. The Board plans to finance the project for fifteen (15) years, so allocations from the entities aren't dramatic. The City of Schertz wiII be paying approximately 5% of the . proj ect. Mayor Baldwin introduced a Resolution and read the caption as follows: . RESOLUTION NO. 05-R-16 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, APPROVING THE RENOVATION AND EXPANSION THE EXISTING FACILITIES OF GUADALUPE APPRAISAL DISTRICT. Council Member Douglas moved to approve Resolution approving the renovation and expansion to the existing facilities of Guadalupe Appraisal District. Council Member Agee seconded the motion, which carried with the following votes: AYES: Council Members Douglas, Agee, Wilenchik, and Carpenter NAYS: None #7 PUBLIC HEARING: To consider rezone of 76.588:t from Residential-2 District (R-2) to Planned Unit Development (PUD) formerly Alternative Development District (ADD) for residential development. Mayor Baldwin explained the procedures to be followed at Public Hearings. . Nancy McBeth, Planning Director, informed that the PUD meets all requirements and Randolph has signed off on the project. Ms. McBeth discussed goals incorporated with the overall project, to make a more diverse community. The City of Selma has agreed to the regulation and has adopted the ACUIZ study. , At this time, citizen comments were taken. Robert Brockman inquired how would a mission change be addressed, what would happen if the Airforce utilized another type of aircraft. Mayor Baldwin informed Mr. Brockman, that City's surrounding Randolph Air Force Base are doing everything to protect the ACUIZ area. David Richmond, Chairman from Planning and Zoning, stated that this is an outstanding proposal, and suggests reviewing PUD designation; he believes language needs changing and proposes a future workshop session, agenda item for Planning and Zoning. There being no further discussion, Mayor Baldwin closed the public hearing. #8 ORDINANCE: Consider and take action on first reading of Ordinance rezoning 76.588:t from Residential-2 District (R-2) to Planned Unit Development (PUD) formerly Alternative Development District (ADD) for residential development. . Mayor Baldwin introduced an Ordinance and read the caption as foIIows: AN ORDINANCE . BY THE CITY COUNICL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE UNIFIED DEVELOPMENT CODE (UDC) ORDINANCE 96-S-28 BY REZONING 76.589:1: ACRES OUT OF THE TORIBIO HERRERA SURVEY No. 68, ABSTRACT NO. 153, GUADALUPE COUNTY, TEXAS FROM SINGLE FAMILY RESIDENTIAL DISTRICT-2 (R-2) TO PLANNED UNIT DEVELOPMENT DISTRICT (PUD); PROVIDING AN EFFECTIVE DATE; AND PROVIDING A REPEALING CLAUSE. Council Member Agee moved to approve first reading of Ordinance rezoning 76.588:1: from Residential-2 District (R-2) to Planned Unit Development (PUD) formerly Alternative Development District (ADD) for residential development. Council Member Douglas seconded the motion, which carried with the foIIowing votes: Council Member Wilenchik voiced concern regarding the need for new schools with residential development proposed, where wiII all these children go school. He was advised, that would a question for the developer. At this time a vote was caIIed, which was as foIIows: AYES: Council Members Douglas, Agee, Wilenchik, and Carpenter NAYS: None . #10 RESOLUTION: Consider and take action on Resolution relating to Steve Simonson Foundation (SSF) and the City of Schertz for ALS Party in the Park. Mayor Baldwin introduced a Resolution and read the caption as foIIows: RESOLUTION NO. 05-R-15 BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, DESIGNATING A PARTICULAR AREA; PARTICULAR DATES AND PARTICULAR TIME FOR WHICH ALCOHOLIC BEVERAGES MAY NOT BE BROUGHT INTO OR REMOVED FROM PICKELL PARK; AUTHORIZING EXTENSION OF PARK HOURS; AUTHORIZING EXTENSION OF NOISE HOURS; AND AUTHORIZING OTHER MOTORIZED VEHICLES IN PARTICULAR PARK AREAS. Ms. Karen Garcia, Secretary Treasure of ALS foundation stated that this is the City's 2nd year to hold the event. She went on to say that insurance coverage for event wiII go through Texas Municipal League (TML), and would be reimbursed by the Steve . Simonson Foundation back to the City. . Council Member Agee moved to approve Resolution relating to Steve Simonson Foundation (SSF), ALS Party in the Park. Council Member Douglas seconded the motion, which carried with the foIIowing votes: AYES: Council Members Douglas, Agee, Wilenchik, and Carpenter. NAYS: None #11 Consider and take action on appointing TSAC Commissioner. Mayor Baldwin explained that William Gignac, TSAC Chairman Commissioner is requesting the termination ofNena Gerber, due to poor attendance. He stated the TSAC , Commission approved Stephan A. Bish to replace Ms. Gerber and is asking for Council approval on the recommendation. Council Member Douglas moved to approve appointing Stephan A. Bish to TSAC Commission. Council Member Carpenter seconded the motion, which carried with the foIIowing votes: AYES: Council Members Douglas, Agee, Wilenchik, and Carpenter NAYS: None #12 Consider and take action on awarding bid for Schertz Recreational Facility Construction. . City Manager Taylor informed that the City has received contractor bids in association with the City of Schertz recreational facility improvements. The project was divided into six different phases, and each bid individually. He is recommending approval for all, with the exemption of one, in the amount of$368,333.00 (planting). During a brief discussion by Gail Douglas relative to history ongoing project, she went on to say that after review of bids, and contractor references, the recommendations are to award contracts for Phases lA, IB, lC, 1D, and IF. In review of Phase IE, we recommend the City reject bid for landscaping, it is twice the amount of the landscape estimate and believes the City wiII be able to provide the planting and irrigation improvements at a cost more in line with the estimate by probable costs thru in-house services or by possibly bidding out segments of the phase individually. Council Member Douglas moved to approve awarding bid for Phases lA, 1B, IC, 1D, and IF, and rejecting IE for Schertz Recreational Facility Construction. Council Member Agee seconded the motion, which carried with the foIIowing votes: AYES: Council Members Douglas, Agee, Wilenchik, and Carpenter NAYS: None . #13 Consider and take action to place a proposal to increase total tax revenues from properties on the tax roll. During a brief discussion, City Manager Taylor informed that this is standard publication in keeping with State law. The appraisal district is assuring the City that figures (fourth time) are solid. Mayor Baldwin added that the publication is announcing to the public that the City's tax rate would be no higher than .3977. He would disagree with publicly publishing tax rate at this time, (City has not gone through budget process), however the City must comply with State law. . Council Member Douglas moved to approve to place a proposal to increase total tax revenues from properties on the tax roIl. Council Member Wilenchik seconded the motion, which carried with the foIlowing votes: AYES: Council Members Douglas, Agee, Wilenchik, and Carpenter NAYS: None #14 Consider and take action setting public hearing dates of August 31, 2005 and September 6, 2005 for the proposed tax rate and September 6, 2005 for the budget. City Manager Taylor stated that the new law requires that two public hearing are held for the proposed tax rate and notes the two dates of publication are August 31, and September 6, 2005 Council Member Agee moved to approve setting public hearing dates of August 31, 2005 and September 6, 2005 for the proposed tax rate and September 6, 2005 for the budget. Council Member Carpenter seconded the motion, which carried with the foIlowing votes: AYES: Council Members Douglas, Agee, Wilenchik, and Carpenter NAYS: None . #15 Items by City Manager Taylor General Announcement . No comments #16 Items by Council General Announcements Council Member Douglas Liaison EDC Liaison-Schertz Library Board . No Comments Council Seat Place 2 Vacant . . . . Mayor Pro-Tem Agee Liaison Schertz Housing Authority Liaison Guadalupe County Children's Advocacy Center · Reminded everyone about the Edmund Kuempel Roast-fundraiser for the Children's Advocacy Center on September 1, 2005. Council Member Wilenchik Liaison Schertz Humane Society Liaison HOA Coalition Liaison-P&Z Commission Investment Advisor · Requested that discussion be placed on a future agenda regarding the naming the new Council Chamber. Council Member Carpenter Liaison- TSAC . No Comments #17 Items by Mayor Baldwin General Announcements Liaison-SSLGC . No Comments Council Member Carpenter moved to recess at 8:06 p.m. Council Member Douglas seconded the motion, which carried with the following votes: AYES: Council Members Douglas, Agee, Wilenchik, and Carpenter NAYS: None Council reconvened at 8:11 p.m. #18 EXECUTIVE SESSION: Called under Chapter 551 of the Texas Government Code, Sub-Section 551.074, Personnel Matters, deliberation and interview of candidates for appointment to un the un-expire term for Place #2 on the City Council. An Executive Session was held from 8: II p.m to 10:07 p.m. #19 Action, if any on the subject of above Executive Session. Council Member Wilenchik moved to appoint Dr. John Trayhan to fill the un-expire term of Place #2 on the Schertz City Council. Council Member Agee seconded the motion, which carried with the folIowing votes: AYES: Council Members Douglas, Agee, Wilenchik, and Carpenter NAYS: None #20 SWEARING-IN OF APPOINTED OFFICIAL At this time, Mayor Baldwin swear-in Mr. John Trayhan as Council Member to fill un- expired term of Place #2. At this time, Mayor Baldwin thanked all the applicants for their interest and participation. Council Member Trayhan expressed his appreciation in the confidence that Council currently has of him. #21 ADJOURMENT There being no further business Mayor Baldwin closed the meeti r ATTEST: etary, City of Schertz . . .