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2004E37 - ELECTION NOV 2 2004 CANVASSORDINANCE N I. AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS CANVASSING THE RETURNS AND DECLARING THE RESULTS OF THE CITY SPECIAL ELECTION HELD IN SAID CITY ON THE SECOND DAY OF NOVEMBER, 2004; AND DECLARING AN EMERGENCY. WHEREAS, there came to be considered the returns of the City Council Special Election duly and legally held in the City of Schertz, Texas on November 2, 2004; and WHEREAS, the City Council has reviewed official election returns which were duly and lawfully provided to said City Council by the Guadalupe- County Elections Administrator; and WHEREAS, from said returns , this Council hereby finds that there were cast, in said election, by those voters who were resident qualified electors of the City, the following votes on a proposition concerning establishing an ad valorem tax ceiling on resident homesteads of the disabled and of persons sixty -five (65) years old or older and their spouses: VOTES IN FAVOR OF PROPOSITION VOTES OPPOSED TO PROPOSITION WHEREAS, from the above tabulation and findings, this City Council further finds that there were cast in said election a total of `, votes and a majority were cast in favor of the proposition. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE OF SCHERTZ, TEXAS: THAT said proposition was duly passed. PA THAT, the public importance of this measure constitutes and creates an urgent necessity to comply with the State Election Law that requires this Ordinance to be passed and take effect as an emergency measure. PASSED, APPROVED AND ADOPTED this /�� day of November, 2004. Mayor, City of Schertz, Texas ATTEST: City Secretary, City of Schertz, Texas (SEAL OF CITY) PUBLISHER'S AFFIDAVIT THE STATE OF TEXAS, County of Guadalupe iO Le v Before me, the undersigned authority, on this date personally appeared known to me, who, being by me duly sworn, on his oath deposes and says that he is the Publisher of The Seguin Gazette - Enterprise, a newspaper published in said county; that a copy of the within and foregoing notice was published in said newspaper time(s) before the return day named therein. ,-•1- publications being on the following dates: ORUiIVANC. NO. 04 -F and a newspaper copy of which is hereto attached Sworn to and subscribed before me this day of A.D., 2004. t,,� .�s ` ti!r;7�:' •�` a 4�ii.il➢�W. L (iLMf3iR Ndery R01C `�7i1 d *U AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS CANVASSING THE RESULTS OF THE CITY SPECIAL ELEC- TION HELD IN SAID CITY OF THE SEC- OND DAY OF NOVEM- BER, 2004; AND DE- CLARING AN EMER- GENCY. PASSED, APPROVED AND ADOPTED the 10th day of November 2004 4 J Notary Public, Guadalupe County, Texas CITY COUNCIL MINUTES SPECIAL WORKSHOP SESSION NOVEMBER 10, 2004 The Schertz City Council convened in Special Workshop Session on Wednesday, November 10, 2004 at 7:00 p.m. in the Municipal Complex Conference Room, 1400 Schertz Parkway, Schertz, Texas. Those present were Mayor Hal Baldwin, presiding: Councilmembers Carl Douglas, Reginna Agee, Tony Wilenchik and Ken Greenwald. Absent: Councilmember Steve Simonson. Those staff members present were Interim City Manager John Bierschwale and City Secretary Norma Althouse. #1 HEARING OF RESIDENTS David Marquel of 113 Plum Circle and Project Manager for Benchmark Homes spoke regarding the revised Fire Ordinance which proposes that all new residences over 4,000 square feet be required to have sprinkler systems. Mr. Marquel stressed how much more expensive such a requirement would make the construction of a new residence. Mayor Baldwin suggested waiting to see what Council has to say about it because this is just a proposal. Roberto Salas of 1041 Gettysburg mentioned the slow drainage on FM 1518 by Hecox Garage and Mr. Bierschwale promised to send the police out to check into it.:. Betty Tate of 7905 Tates Drive and Tom Tate of 7997 Tates Drive both said they would wait until Item #3 on the agenda to speak. Robert Brockman of 4505 Grand Forrest reported that the light on the flagpole in front of City hall is not working. Perry Donop of 1000 E. Basse Road indicated he was here to speak about the George Gutierrez property, but it's not on the agenda tonight. Aston Bryan of 3905 Arroyo Dorado and President of the Arroyo Verde Homeowners Association said he was present to speak about #9 on the agenda — discussion regarding Arroyo Verde sign. Mayor Baldwin pointed out the item is actually about the Arroyo restaurant sign. Barbara Muzny of 11403 I -10 East stated she would wait to speak during the discussion of #8 on the agenda. George Gutierrez had signed up to speak, but had already left since the item pertaining to him was not on the agenda. #2 CANVASSING OF ELECTION RETURNS: Consider and take action regarding canvassing of election returns for Special City Election of November 2, 2004. 39 Mayor Baldwin introduced an Ordinance and read the caption as follows: ORDINANCE NO. 04 -E -27 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS CANVASSING THE RETURNS AND DECLARING THE RESULTS OF THE CITY SPECIAL ELECTION HELD IN SAID CITY ON THE SECOND DAY OF NOVEMBER, 2004; AND DECLARING AN EMERGENCY. Mayor Baldwin reported that a total of 6083 votes were cast in the election — 4969 in favor of the proposition and 1114 against it. Mr. Greenwald moved to approve the emergency reading of the Ordinance canvassing the election returns of the Special City Election of November 2, 2004, Mr. Wilenchik seconded the motion, which carried with the following votes: AYES: Councilmembers Douglas, Agee, Wilenchik and Greenwald NAYS: None. #3 Discussion of living units within the AICUZ area. Mr. Bierschwale related that Betty Tate purchased property fronting on Lower Seguin Road behind Randolph Air Force Base in September of 1997. She was unaware she was in the APZ Zone, The Tates own 7.45 acres located in the Residential /Agricultural Zone and 14.53 acres in the APZ 1 Overlay District which does not allow residential. The Tate's manufactured homes are grandfathered, but they are requesting the following considerations: Build additional sheds or other out - buildings without obtaining a Specific Use Permit; Replace manufactured homes with constructed homes without obtaining a Specific Use Permit; If they sell the property, pass the existing grandfathered conditions to the future owners as long as the use remains the same. Amy Madison, Community Development Director, pointed out the location of the Tate's property on the map. Mr. Bierschwale mentioned they are the only residents on the property. The Tate's are asking these things only for their family. City Attorney, Michael Spain verified that at the time they pulled the permits for their manufactured homes, there were no maps. 40 Mrs. Madison pointed out the zoning classification would be attached to the titles. Mr. Bierschwale added the grandfathered clause would also be included. Council had no problem with the requests from the Tates. #4 Discussion regarding Public Works Update on Borgfeld Road. Larry Dublin and Mark Heil of Ford Engineering were at the meeting for this presentation, Mayor Baldwin asked if they're going to close the road and Mr. Bierschwale replied no. Mr. Dublin said he would prefer to improve the present surface and drainage on the upper end, There would be new driveways for all the businesses. They will close half of the road at one time while maintaining traffic on the other half. They will overlay the entire structure using new technology. This will produce a 30 to 40 percent gain in longevity, The entrances into Dove Meadows will be closed. Mr. Wilenchik inquired if Dove Meadows is aware of this and was told, they will be notified. Mr. Dublin stressed he feels strongly about the safety aspect. Mark Roberts of Auto Collision Works expressed concern about the. lane closure, especially for parents dropping off children at Watts Elementary. Mrs, Madison advised the Guadalupe Nursing Home project would be under construction at the same time, Mr. Bierschwale mentioned they could contract with the Schertz Police Department for traffic control, Mr, Dublin stated he would take a look at the traffic situation again, Mrs, Agee asked if there's a time flame and was told by Mr, Dublin approximately 120 days. #5 Discussion regarding architect's report on construction of Council Chambers. Architect Jerry Mendenhall reported they have gone out for bids. The pre -bid conference is scheduled for next Monday. Mr. Mendenhall then showed drawings of the outside /inside renovations, carpet samples and various elevations, roof colors, etc, Mr. Bierschwale added they would have a two - sided LED sign for messages, #6 Discuss Public Hearings (scheduled November 16, 2004) on proposed annexation of the following land: PROJECT 1: Northcliffe Area, approximately 37.4 acres located adjacent to the City limits adjacent and between Northcliffe and Scenic Hills Subdivisions. PROJECT 2: Old Wiederstein Road, 14,30 acres located adjacent to existing City limits known as Old Wiederstein Road. 41 PROJECT 3: Maske Road, 110.44 acres located adjacent to existing City limits line parallel to Maske Road at FM 1518. PROJECT 4: FM 2252 Area, 216.77 acres located adjacent to existing City limits between FM 2252, FM 482 and Union Pacific Railroad. PROJECT 5: Hubertus Road Area, 224.40 acres located adjacent to existing City limits between FM 482 and Interstate 35 near Hubertus Road. Project 6: Friesenhahn Road Area 163.38 acres located adjacent to existing City limits between Interstate 35 and Union Pacific Railroad near Friesenhahn Road. Mr. Bierschwale noted November 16th is the rescheduled date for these public hearings. Mayor Baldwin asked if there were any questions, but Council had none. They stated they were prepared for this item to be included on next Tuesday night's agenda, #7 Discuss Public Hearing (scheduled November 16, 2004) on rezoning of 19,098 acres from Residential/Agricultural (R/A) to General Business (GB). Mr. Bierschwale advised this had been discussed before. It is part of the Schertz Forest Subdivision. They will have an accurate map. at the public hearing. Council indicated their readiness for this item to be included on next Tuesday night's agenda, . #8 Discuss Public Hearing (scheduled November 16, 2004) on a request from Alan and Barbara Muzny for a Specific Use Permit to allow residential use in a General Business District. Mrs. Madison pointed out the location on the map and mentioned the Specific Use Permit is just for the five acres. She will update the packets for the Council meeting next week. #9 Discussion regarding Arroyo sign. Mayor Baldwin related they have a nice long history on this sign. Mr. Spain pointed out there is a chronology of events regarding the sign in the Council packets. Nothing is really relevant until the adoption of the UDC (United Development Code), The City Manager in 2002 issued a permit for the sign and it appears to be a variance permit. Mr. Douglas stressed that nobody can find the permit that was issued in 2002. Mrs. Madison said they have not found a copy of the permit. Mrs. Dietz, owner of the property on which the sign is placed, feels she was given a variance and she did receive a letter from Steve Simonson, Planning Director at the time, saying the issue was tabled, Mr. Spain stressed that Mrs, Dietz believes she was granted a variance, Dewey Cashwell, City Manager in 2002, supposedly issued a variance because Mrs. Dietz was making money on the sign. Mr. Douglas stressed it was erroneous to do that and went on to say the Ordinance says a sign permit should be attached to the sign. W After further discussion, Mayor Baldwin asked Council what they wanted to do about the situation. He then asked if our other signs have the permits attached to them and was told they do not. Mayor Baldwin admitted it looks like they made a mistake and will have to live with it. Mr. Spain noted that when a new Sign Ordinance is written, they need to eliminate the part about attaching the permit to the sign. Mayor Baldwin suggested either Mrs. Dietz provide proof of the variance or change the sign back to say Persimmon Apartments. Mr. Bierschwale expressed the desire to have a committee review the Sign Ordinance, Mayor Baldwin added we need a new Sign Ordinance. Mr. Spain pointed out the Sign Board could be formed in conjunction with other cities. Mrs. Madison stressed the Sign Board would meet only as needed. #10 Discussion regarding request for funds, Corridor Hotel, Ltd. Mr. Bierschwale explained this is on the agenda as a result of a 4 -B Board decision. Mrs Madison commented that Louis Westerman and several people from Barshop are present. Mayor Baldwin asked if they have the funds and was told they do. Mr. Bierschwale l recommended Council act on it at next Tuesday night's meeting., #11 Discussion regarding Tax Abatement transfer request (Victory Packaging to 6413 Tri- County Parkway). Mrs. Madison explained this tax abatement is being transferred only for the remaining term of the abatement. They're down to the final legalese. All points have been negotiated. Council was prepared for this item to be included on next Tuesday night's agenda. #12 Discussion and possible action on reappointment of Planning and Zoning Commissioners. Mr. Bierschwale advised that those being reappointed are Ernie Evans, Keith Van Dine and William Sommers. Mr. Greenwald said to keep in mind that all the Commissioners are volunteers. There have been several times when they've come close to not having a quorum. Mrs. Agee asked if there's a recommendation from the Chairman and was told David Richmond recommends approval of those listed. 43 Mr. Wilenchik stated that if the Chairman's in favor of those recommended, that's what Council should do. .Mr. Wilenchik moved to approve the re- appointments of Ernie Evans, Keith Van Dine and William Sommers to the Planning and Zoning Commission. Mr. Douglas seconded the motion, which carried with the following votes: AYES: Councilmembers Douglas, Agee, Wilenchik and Greenwald. NAYS: None. #13 Discussion regarding Electronic Traffic Citation Equipment. Mr. Bierschwale advised he is requesting that $2500 be established to issue electronic citations. They need $2500 for the tickets and then will go out to State contract for the ticket writer. Council indicated their readiness to appropriate the funds at next Tuesday night's meeting. #14 Discussion of Ordinance repealing Ordinance 99 -M -20, and establishing a new Municipal Court Technology Ordinance. Mr. Spain commented they are eliminating several provisions in the old Ordinance. Council agreed they were ready for this to be included on next Tuesday night's agenda. #15 Discussion regarding proposed bid award (Controlled Access Loclring System). Mr. Bierschwale explained this system will be paid for out of part of the homeland security fund from the Federal Government. There will be electronic locks on every City door and the cards will be used for ID purposes. Council was prepared for this item to be included on next Tuesday night's agenda. #16 Discussion regarding Interlocal Assistance Agreement (Guadalupe County SWAT) Lieutenant Harris was present to speak about the program. He emphasized the language in the agreement needs to be proper. Mr. Douglas pointed out once they have this established, they can get cooperation from other affiliates. Lieutenant Harris agreed. Council was ready to have this item placed on next Tuesday night's agenda. 44 #17 Discussion regarding Ordinance amending Chapter 7, Code of Ordinances relating to Fire Department. Mr. Bierschwale related that during the process of rewriting the Ordinance, the subject came up about residential sprinkler systems. They will not be used for a second water meter, but will need a check valve. Mr. Wilenchik questioned why require them for residences 4,000 square feet and above. He fails to see why we're protecting one class of people. Mr. Douglas inquired if San Antonio has a similar requirement and was told they do not. He feels we're getting into dictating what each residence should have. Fire Chief Elroy Friesenhahn stressed it's a life- saving tool. It is harder to search and rescue in a larger structure. Eighty percent of fatalities in the U.S. come from residential fires. Mr. Wilenchik admitted that was a good point. Mr. Bierschwale thought maybe they could raise the square footage to maybe 5500 or 6000 for the safety and protection of the firefighters. After a lengthy discussion, Mr. Bierschwale suggested they go back and redo that section of the Ordinance. Fire Marshal Glen Outlaw said he would be happy to see builders offer a sprinkler system as an option to new home buyers. Chief Friesenhahn was directed to take as much time as he needs to rewrite the Ordinance and then come back at a workshop for further discussion. #18 Discussion of moratorium on property development in platted subdivision. Mr. Bierschwale pointed out the current moratorium has expired and they are ready to go to condemnation on the lots fronting Schertz Parkway, if necessary. Mr. Douglas declared they need to be doing something about this. Can they keep on extending the moratorium? Mr. Spain replied they can as long as they are working on a solution. A moratorium would give them a chance to solve the problem. Mr. Greenwald asked why they can't rezone and Mr. Spain answered that the covenants say only residential. Mr. Spain then stated he would work on something further for Council. #19 Discussion and possible action regarding banners for Schertz Parkway. Mr. Bierschwale noted they received a request for banners for the Festival of Angels. j Funding is available, but the fiends would have to be re- appropriated. 45 ( Mrs. Madison explained they would not be on every pole but on every other pole. Mayor Baldwin asked if they could use the brackets for other festivities and was told they could. Mr. Greenwald moved to approve funding for banners along Schertz Parkway for the Festival of Angels. Mr. Douglas seconded the motion, which carried unanimously with the following votes: AYES: Councilmembers Douglas, Agee, Wilenchik and Greenwald. NAYS: None. #20 Items by Interim City Manager General Announcements Reported all department heads are very busy at the moment. #21 Items by City Council General Announcements Councilmember Douglas Liaison— UDC Liaison Schertz Library Board ( o Mentioned a possible workshop in regard to the 4 -B Board. Mayor Pro -Tem Simonson 4 -B Board Liaison - BVYA • Mr. Simonson was absent. Councilmember Agee 4 -B Board Liaison — Schertz Housing Authority • Mrs. Agee had nothing to report. Councilmember Wilenchik 4 -B Board Liaison — Schertz Humane Society Liaison— HOA Coalition Ex- officio — TSAC • Stated there is now a Dove Meadows HOA newspaper. • Received some information on the new nursing home. 46 • Noted there is an 8 foot wall between the drainage ditch and all the homes. Where did it come from? It is a new ditch and not an existing ditch. Councilmember Greenwald 4 -B Board Ex- officio — P &Z Ex- officio — S /SLGC • Mentioned we need to get some good information out to people who may want to change to the low -flow toilets. • Noted Planning and Zoning needs to fill a vacancy on their Commission and is a little concerned because there are too many people from the same area of the City. Mr. Bierschwale stated the appointment to fill the vacancy would be discussed at the December 1 st workshop, • Said in regard to the rezoning request from George Gutierrez, we need to consider rezoning to be consistent with the rest of the zoning along FM 3009. #22 Items by Mayor General Announcements • Asked for volunteers to judge the Senior Citizens Craft Show tables, Carl Douglas and Norma Althouse both volunteered. • Made sure the application had been submitted for the Schertz Hometown Hero. • Motioned twelve of the thirteen people who were sent letters asking them to serve on the committee for selecting a City Manager were in favor of serving. #23 ADJOURNMENT There being no further business to discuss, Mayor Baldwin adjourned the meeting at 9;40 p.m. 47 ATTEST; iy City Secretary, City of Schertz, Texas L Ma r, City of Schertz, Texas