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01-23-2007-Special Workshop Session MINllTES CITY COUNCIL SPECIAL CALLED SESSION JANUARY 23, 2007 The Schertz City Council convened in a Special Called Session on Tuesday, January 23, 2007 at 7:00 p.m. in the Municipal Complex Council Chambers, 1400 Schertz Parkway Building #4, Schertz, Texas. The following members were present: Mayor Hal Baldwin presiding, Council Members David L. Scagliola, Reginna Agee, Tony Wilenchik, and Mayor Pro Tern Jim Fowler. Absent was Michael Carpenter and Michael Spain. Also present were City Manager Don Taylor, Assistant City Manager John Bierschwale and David Harris, and Judy Tokar City Secretary. #1 CALL TO ORDER Mayor Baldwin called the meeting to order at 7:00 p.m. #2 PLEDGE OF ALLEGIANCE TOTHE UNITED STATES AND STATE OF TEXAS Both pledges were recited. #3 HEARING OF RESIDENTS: . Frances Rushing, Schertz Chamber of Commerce commented on evening mixer. chamber lunch. and ribbon cuttings. She had questions from Sharon Pennington regarding the Youth Ambassador Program. and update on the Library and Recreation Center. . Michael Dahle, 9120 E. FM 1518 commented on rezoning of 88.833+ acres at FM 1518 and Schaefer Road. He asked Council to postpone action on the rezoning request until flooding problem can be resolved. . Lloyd Fairley. 12290 Lower Seguin Road claritied the statement made at last Council meeting and that the Planning and Zoning Commission spelled out that they declined the request on the zoning based on the usage of the property. . Gary Fairley. 12310 Lower Seguin talked about flooding and traffic problems that will be caused by the proposed rezoning of the 88 aeres on FM 1518. He recommended a long-term study. #4 INTRODUCTION OF EMPLOYEES: EMS and Fire Department Chief Friesenhahn introduced Firefighters - William Wehmeyer and Jason Tymrak. Dudley Wait EMS Director introduced EMS management team- Allison Gorzell. Jason Mabbitt. and Amy Barrett. #5 CONSENT AGENDA: Special Called Session 1-23-07 83 A) Minutes - Workshop session of August 23, 2006, October 24, 2006, and January 9,2007, and Regular session of Octo her 17,2006. November 7, 2006 and December 5, 2006. Council Member Wilenchik made a motion, seconded by Council Member Agee, to approve #5(A) item. The vote was as tollows: A YES: Council Members Fowler, Scagliolia. Agee, Wilenchik. NAY: None #6 Discussion and action to authorize the City to enter into contract negotiation with the recommended architectural firm for the Schertz Library project. (M. Uhlhorn) Melissa Uhlhorn, Library Manager said the City accepted eleven submittals from interested architectural firms in the response to a Request of Qualifications for the Schertz Public Library building project. A committee consisting of David Harris, Gail Douglas. Leonard Truitt and Melissa Uhlhorn reviewed and scored the submittals. Four firms were chosen for an interview and the committee recommends Kell Munoz with 2 principals at the meeting, Ronnie Biediger and Jeff Edwards. They presented a PowerPoint presentation of projects, and master plans. Council commented on the rating system used by the committee. Councilmember Wilenchik, made a motion, seconded by Councilmember Agee, to authorize the City the appropriate personnel to enter into contract negotiation with the recommended architectural firm for the Schertz Library project. The vote was as follows: A YES: Councilmember Fowler, Scagliolia, Agee, Wilenchik. NAY: None #7 ORDINANCE: Discussion and action on final reading of an ordinance amending the Unitied Development Code (UDC) Ordinance 96-S-28 by rezoning 88.833+ acres out of the J. Leal Survey No. 79, Abstract No. 424, in Bexar County. Schertz, Texas from Residential/Agricultural District (R-A) to Single- Family Dwelling District (R-6); providing an effective date and providing a repealing clause. The property is generally located at the intersection ofFM 1518 and Schaefer Road. (L. Truitt) Ordinance No. 07-S-03 An ordinance amending the Unified Development Code (UDC) Ordinance 96-S- 28 by rezoning 88.833+ acres out of the 1. Leal Survey No. 79, Abstract No. 424, in Bexar County, Schertz, Texas from Residential/Agricultural District (R-A) to Single-Family Dwelling District (R-6); providing an effective date and providing a repealing clause. Special Called Session] -23-07 84 Councilmember Wilenchik stated at last meeting on January 9, 2007 that Planning and Zoning unanimously recommended disapprovaL and there was nothing from Planning & Zoning that dealt with sizc of the lots and platting issues. Vote was 4 to 1 to overturn the disapproval by Planning & Zoning at that time. The hearing of residents today added information on rezoning to R-6, and he has second thoughts based on this information presented. Mr. Truitt stated that this is a zoning matter. not a development matter, and staff has been working with TxDot and devclopers in the area to improve these drainage issues. Couneil statcd that this is just a zoning issue, not a platting issue. Councilmember Agee made a motion. seconded by Mayor Pro Tem Fowler. to approvc an ordinance amending the Unified Development Code (UDC) Ordinance 96-S-28 by rezoning 88.833+ acres out of the J. Leal Survey No. 79, Abstract No. 424, in Bexar County, Schertz, Texas from Residential/Agricultural District (R-A) to Single-Family Dwelling District (R-6). The vote was as follows: A YES: Council Members Fowler, Agee, Wilcnchik NAY: Council Member Scagolia. #8 ORDINANCE: Discussion and action on final reading of an ordinance amending the Unified Development Code (UDC) Ordinancc 96-S-28 by rezoning 2.270+ acrcs out of the Torribio Herrera Survey No. 68, Abstract No. 205, in Guadalupe County. Schertz, Texas from Planned Unit Development District (PUD) to General Business District (GB); providing an effective date; and providing a repealing clause. The property is generally located on the north side of Schertz Parkway at Woodland Oaks Drive. (L. Truitt) Ordinance No.07-S-04 An ordinance amending the Unified Development Code (UDC) Ordinance 96-S- 28 by rezoning 2.270+ acres out of the Torribio Herrera Survey No. 68, Abstract No. 205. in Guadalupe County, Schertz, Texas from Planned Unit Development District (PUD) to General Business District (GB); providing an effective date; and providing a repealing clause Councilmember Wilenchik made a motion. seconded by Council member Agee to approve final reading of an ordinance amending the Unified Development Code (UDC) Ordinance 96-S-28 by rezoning 2.270+ acres out of the Torribio Herrera Survey No. 68, Abstract No. 205, in Guadalupe County. Schertz, Texas from Planned Unit Development District (PlfD) to General Business District (GB); providing an effective date; and providing a repealing clause. The vote was as follows: AYES: Council Members Fowler. Scagliola, Agee, Wilenchik NAY: None Special Called Session 1-23-07 85 #9 ORDINANCE: Discussion and action on final reading of an ordinance amending the Unified Development Code (UDC) Ordinance 96-S-28 by rezoning 4.618+ acres out of the Genobera Malpaz Survey, Abstract No. 221, in Guadalupe County, Schertz. Texas from Single-Family Residential District-I (R-l) to Neighborhood Services District (NS); providing an effective date; and providing a repealing clause. The property is generally located at the northwest intersection of FM 3009 and Elbel Road. Ordinance No. 07-S-05 Councilmember Wilenchik made a motion, seconded by Mayor Pro Tem Fowler. to approve final reading of an ordinance amending the Unified Development Code (UDC) Ordinance 96-S-28 by rezoning 4.618+ acres out of the Genobera Malpaz Survey, Abstract No. 221, in Guadalupe County, Schertz, Texas from Single-Family Residential District-I (R-I) to Neighborhood Services District (NS); providing an effective date; and providing a repealing clause. The vote was as follows: AYES: Council Members Fowler, Scagliola, Agee, Wilenchik NAY: None #10 ORDINANCE: Discussion and action on final reading of an ordinance amending the Unified Development Code (UDe) Ordinance 96-S-28 by rezoning 19.579+ acres out of the out of the Genobera Malpaz Survey, Abstract No. 221, in Guadalupe County, Schertz. Texas from General Business District (GB) and Neighborhood Service (NS) Districts to Multi-Family Residential District-4 (R-4) and General Business (GB) Districts; providing an effective date; and providing a repealing clause. The property is generally located at the southwest intersection of FM 3009 and Elbel Road. Ordinance No. 07-8-06 An ordinance amending the Unified Development Code (UDC) Ordinance 96-S- 28 by rezoning 19.579+ acres out of the out of the Genohera Malpaz Survey, Abstract No. 221, in Guadalupe County, Schertz, Texas from General Business District (GB) and Neighborhood Service (NS) Districts to Multi-Family Residential District-4 (R-4) and General Business (GB) Districts; providing an effective date; and providing a repealing clause. Mayor Pro Tem Fowler made a motion. seconded by Councilmember Agee to approve final reading of an ordinance amending the Unified Development Code (UDC) Ordinance 96-S-28 by rezoning 19.579+ acres out of the out of the Genobera Malpaz Survey, Abstract No. 221. in Guadalupe County, Schertz, Texas from General Business District (GB) and Neighborhood Service (NS) Districts to Multi-Family Residential District-4 (R-4) and General Business (GB) Districts; providing an effective date; and providing a repealing clause. The vote was as follows: Special Called Session 1-23-07 86 AYES: Councilmember Fowler, Agee, Wilenchik NA YES: Councilmcmber Scagliola #11 Discussion and action on appointments to the Transportation Safety Advisory Commission. Councilmember Wilenchik made a motion. seconded by Councilmember Scagliola to reappoint Stephen B. Bish, Patricia Ramirez, John Trayhan, Max Hernandez and appoint Tracy Bean. The vote was as follows: AYES: Council Members Fowler, Scagliola, Agee, Wilenchik NAY: None #12 Discussion and action on eontract with Guadalupe County tor election services tor May 2007 election. (1. Tokar) Ms. Tokar, City Sccretary said this was a standard agreement with the County to conduct the election. Council member Agee made a motion. seconded by Mayor Pro Tem to approve the contract with Guadalupe County tor elcction services for May 2007 election. The vote was as follows: A YES: Council Members Fowler. Scagliola, Agee. Wilenchik NAY: None. #13 Discussion and possible action on differential pay for City of Schertz employees on military leave. (Councilmember T. Wilenchik) Councilmember Wilenchik made a motion, seconded by Councilmember Scagliola to change the personnel handbook for military leave during the period of deployment that the City pay differential pay if military pay is less than City pay for an indefinite period and for future budgets set aside funds. The vote was as follows: A YES: Council Members Fowler, Scagliola. Agee, Wilenchik NAY: None. #14 ORDINANCE: Discussion and action on final reading of an ordinance granting Cibolo Waste Inc. dba Bexar Waste. Inc. an extension and renewal of its franchise for municipal solid waste collection and disposal. a recycling, and a household hazardous waste program; imposing provisions and conditions relating to the exercise of same; and providing for penalties not to exceed $200.00 for violation thereof; repealing all ordinances or parts of ordinances in conflict with this ordinance. Special Called Session 1-23-07 87 Ordinance No. 07-F-07 An ordinance granting Cibolo Waste Inc. dba Bexar Waste, Inc. an extension and renewal of its franchise for municipal solid waste collection and disposal. a recycling, and a household hazardous waste program; imposing provisions and conditions relating to the exercise of same; and providing for penalties not to exceed $200.00 for violation thereof; repealing all ordinances or parts of ordinances in conflict with this ordinance. Council member Wilenchik made a motion. seconded by Council member Scagliola to approve the final reading of an ordinance granting Cibolo Waste Inc. dba Bexar Waste, Inc. an extension and renewal of its franchise for municipal solid waste collection and disposal, a recycling, and a household hazardous waste program; imposing provisions and conditions relating to the exercise of same; and providing for penalties not to exceed $200.00 for violation thereof; repealing all ordinances or parts of ordinances in conflict with this ordinance. The vote was as follows: AYES: Councilmember Fowler, Scagliola, Agee, Wilenchik. NAY: None #15 Discussion on assessment fee on garbage haulers traveling through the City. Mr. Taylor gave a brief history on the fee that the City of San Antonio is charging garbage haulers traveling through on their streets. The City would like to assess the same fee to private haulers traveling on our streets. After brief discussion. it was agreed to move forward with an ordinance. #16 Discussion and possible action on Interlocal agreements with City of Selma and City ofCibolo for sewer tie in. (D. Harris) Councilmember Wilenchik made a motion. seconded by Councilmember Scagliola to approve interlocal agreements with City of Selma and City of Cibolo for sewer tie in. The vote was as follows: AYES: Councilmember Fowler, Scagliola. Agee, Wilenchik. NAY: None Mayor Baldwin called a break before the Executive Session at 9:00 p.m. Mayor Baldwin called the meeting back to order at 10:50 p.m. #17 EXECUTIVE SESSION: Called under Chapter 551 of the Texas Government Code, Sub-Section 551.072, Deliberations regarding the purchase, exchange, or Special Called Session 1-23-07 88 value of real property and Sub-Section 551.074 Performance Evaluation of the City Secretary. Personnel Matters - #18 Action if any on the above executive session. Councilmemoer Wilenchik made a motion, seconded by Councilmember Agee to authorize the Assistant City Managers and the City Attorney to purchase at a tax sale 40 lots in Freeway Manor subdivision not to exceed $100,000.00. The vote was as follows: AYES: Councilmember Fowler. Scagliola. Agee. Wilenchik. NAY: None #19 Items by City Manager Taylor and Staff . Had no commcnts. #20 Items by Council General Announcements Mayor Pro Tern Fowler . Thanked Patti White in assisting him with updating the Homeowners Association listing or President and property managers. Encouraged them to attend the council meetings. Councilmembcr Scagliola . Received letter notifying low-income housing north of Friesenhahn Lane. . Made process on thc library property asked for article in Schertz Tales . Noticed City of Cibolo is increasing council positions because of population increase . Willing to attend the Planning and Zoning meeting as liaison Councilmember Agee . Had no comments Councilmember Wilenchik . Can change the ordinance to reflect all meetings as action instead 0 f workshops . Future agcnda item to start design plans for the recreation ecnter #21 Items by Mayor General Announcements Special Called Session 1-23-07 89 . Consensus to meet with Planning & Zoning on January 31. . Schertz Bank and Trust and Schertz Chamber of Commerce serving beef stew to the trail riders on Thursday, February I in the park at 11 :00 a.m. #22 ADJOURNMENT: Mayor Baldwin closed the meeting at 11 :05 p.m. /C~O~~ Hal Baldwin, Mayor ATTEST: :n4AL,I l~hAAAu/H fv Jud{ -foliar, erty Secretary Special Called Session 1-23-07 90