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ccreg 11-15-2005 . MINUTES REGULAR SESSION November 15, 2005 The Schertz City Council convened in Regular Session on Tuesday, November 15, 2005 in the Municipal Complex Council Chambers at 7:00 pm, 1400 Schertz Parkway, Schertz, Texas. The following members were present: Mayor Hal Baldwin presiding, Council Members Carl Douglas, John Trayhan, Reginna Agee, and Tony Wilenchik. Absent was Council Member Michael Carpenter. Also present were City Manager, Don Taylor, Assistant City Manager John Bierschwale, City Secretary Judy Tokar and City Attorney Michael Spain. #1 CALL TO ORDER: Mayor Baldwin called the meeting to order at 7:00 p.m., and asked everyone to rise and join him in the Pledge of Allegiance to the Flag. At this time, Mayor Baldwin introduced members of the Housing Authority Board and former Mayor Earl Sawyer. Also present were representatives from Congressman Cuellar office. #2 HEARING OF RESIDENTS: . There were none. #3 PRESENTATION AND APPRECIATION TO CLOVIS HADDOCK FOR HIS SERVICE TO THE CITY OF SCHERTZ AS A MEMBER OF THE PLANNING AND ZONING COMMISSION. Mayor Baldwin read a short biography and presented Clovis Haddock with a plaque for his service to the community as member of the Planning and Zoning Commission from February 2003 to November 2005. #4 PRESENTATION TO SHARON FRUGE FOR HER SERVICE TO THE CITY OF SCHERTZ HOUSING AUTHORITY. Mayor Baldwin presented Sharon Fruge with a plaque for her service to the City of Schertz Housing Authority Board of Directors from July 1988 to August 2005. #5 INTRODUCTION OF NEW EMPLOYEE Chief Starr introduced and welcomed Officer Shawn Ceeko to the City of Schertz Police Department. . Mayor Baldwin opened the public hearing at 7:15 p.m. Regular Session 11-15-05 24 #6 PUBLIC HEARING: . A) Consider a request to grant a specific use permit at Lot 5 of Block 6, Greenfield Village, Unit 2 (116 Will Rogers) to allow for the operation of a business in a Residential-1 District (R-1). CANCELLED. B) Consider a request to grant a specific use permit to allow for an office/warehouse facility to be located in the Air Installation Compatible Use Zone (AICUZ) on Lot 29, Block 1 of Schertz Business Park. The property is zoned General Business (GB). Don Taylor, City Manager gave a brief explanation on proposed development. Applicant was not present and no comments were received. C) Consider a request to rezone 98.9+ acres from Residential/Agricultural District (R-A) to Residential District -7 (R-7). The tract is situated out of the Rafael Garza Survey No. 98, Abstract No. 138 and Abstract No. 175 in Guadalupe and Comal Counties, Schertz, Texas. The property is generally located between IH-35 and Old Wiederstein. City staff pointed out location of the tract on the map and gave brief explanation of proposed development. Mr. Doyle Wilson applicant commended staff on providing and telling him actually what he needed. There were no other comments. . D) Consider upon an amendment of the Unified Development Code (Ordinance 96- S-28), Article VII (Special Districts), Section 7 (planned Unit Development-Ordinance No. 05-S-40). Nancy McBeth, Planning and Zoning Director said the three work sessions produced minor adjustments, basically no big changes. There was some rearranging, clarification and additional definitions. Don Taylor, City Manager thanked the Planning and Zoning Commission for their time and work on behalf of City staff. Mayor Baldwin closed the public hearing at 7:21 p.m. #7 Discussion and action upon a request to grant a Specific Use Permit to allow for an office/warehouse facility to be located in the Air Installation Compatible Use Zone (AICUZ) on Lot 29, Block 1 of Schertz Business Park. The property is zoned General Business (GB). Councilmember Douglas made a motion, seconded by Councilmember Agee to approve a Specific Use Permit to allow for an office/warehouse facility to be located in the Air . Regular Session 11-15-05 25 . Installation Compatible Use Zone (AICUZ) on Lot 29, Block I of Schertz Business Park. The property is zoned General Business (GB). The vote was: AYES: Council Members Douglas, Trayhan, Agee, and Wilenchik. NAYS: None #8 ORDINANCE: Discussion and action on first reading for a request to rezone 98.9+ acres from Residential/Agricultural District (R-A) to Residential District- 7 (R-7). The tract is situated out of the Rafael Garza Survey No. 98, Abstract No. 138 and Abstract No. 175 in Guadalupe and Comal Counties, Schertz, Texas. The property is generally located between IH-35 and Old Wiederstein. Council Member Agee made a motion, seconded by Council Member Douglas to approve the request to rezone 98.9+ acres from Residential/Agricultural District (R-A) to Residential District -7 (R-7). The tract is situated out of the Rafael Garza Survey No. 98, Abstract No. 138 and Abstract No. 175 in Guadalupe and Comal Counties, Schertz, Texas. The property is generally located between IH-35 and Old Wiederstein. The vote was: AYES: Council Members Douglas, Agee, and Wilenchik. ABSTAINED: Council Member Trayhan NAYS: None . #9 ORDINANCE: Discussion and action on first reading on an amendment of the Unified Development Code (Ordinance No. 96-S-28), Article VII (Special Uses), Section 7 (Planned Unit Development-Ordinance No. 05-S-40). Council Member Trayhan made a motion, seconded by Council Member Wilenchik to approve on first reading on an amendment of the Unified Development Code (Ordinance No. 96-S-28), Article VII (Special Uses) Section 7, (Planned Unit Development- Ordinance No. 05-S-40). The vote was: AYES: Council Members Douglas, Trayhan, Agee, and Wilenchik. NAYS: None #10 CONSENT AGENDA: A. Approve minutes of regular meeting of October 18, 2005. Council Member Wilenchik made a motion to approve the minutes of October 18, 2005 as corrected and seconded by Council Member Trayhan. The vote was: AYES: Council Members Douglas, Trayhan, Agee, and Wilenchik. NAYS: None . Regular Session 11-15-05 26 B. ORDINANCE: Final reading on the request to rezone 853.68;t acres from . Residential/Agricultural District (R-A) and General Business (GB) to Planned Unit Development (PUD). The subject property is situated in the Julian Diaz Survey No. 66, Abstract No. 187, the E.R. Evans Survey No. 80, Abstract No. 216, and the Geronimo Leal Survey No. 79, Abstract No. 424, Bexar County, Schertz, Texas. The property is generally located on the west side of FM 1518 between Lower Seguin Road and Ware Seguin Road. Mayor Baldwin introduced an Ordinance and read the caption as follows: ORDINANCE NO. 05-S-49 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE UNIFIED DEVELOPMENT CODE (UDC) ORDINANCE 96-S-28 BY REZONING 853.68;t ACRES OUT OF THE JULIAN DIAZ SURVEY NO. 66, ABST. NO. 187, THE E.R. EVANS SURVEY NO. 80, ABST. NO. 216 AND THE GERONIMO LEAL SURVEY NO.79, ABST. NO. 424, BEXAR COUNTY, SCHERTZ, TEXAS FROM RESIDENTIAL/AGRICULTURAL (R-A) AND GENERAL BUSINESS (GB) TO PLANNED UNIT DEVELOPMENT DISTRICT (PUD). Council Member Wilenchik made a motion, seconded by Council Member Trayhan to approve final reading to rezone 853.68:t acres from Residential/Agricultural District (R- . A) and General Business (GB) to Planned Unit Development (PUD). The subject property is situated in the Julian Diaz Survey No. 66, Abstract No. 187, the E.R. Evans Survey No. 80, Abstract No. 216, and the Geronimo Leal Survey No. 79, Abstract No. 424, Bexar County, Schertz, Texas. The property is generally located on the west side of FM 1518 between Lower Seguin Road and Ware Seguin Road. The vote was: AYES: Council Members Douglas, Trayhan, Agee, and Wilenchik. NAYS: None C. Approve the request from Guadalupe County Commissioners Court to construct a parking lot on the west side ofthe annex building located at 1103 Elbel Road. Councilmember Wilenchik made a motion, seconded by Councilmember Trayhan to approve consent agenda Item C. The vote was as follows: AYES: Council Members Douglas, Trayhan, Agee, and Wilenchik. NAYS: None #11 Discussion and action on the New Braunfels Utility Franchise Agreement. Michael Spain, City Attorney gave a briefmg detailing franchise agreement service area, street lighting agreement and limited access highway lighting agreement. He said NBU is willing to work with calculations having to do with kilowatt-hour, etc. As far as the street . Regular Session 11-15-05 27 . lighting agreement there is a monthly rate of $16.50 per light standard. He recommends placing the item on next workshop agenda, starting the process. He reminds Council that there is a waiting period of 30 days after first reading of the Ordinance. #12 Discussion and action on request from Guadalupe County Commissioners Court to waive all fees associated with remodeling of annex at 1103 Elbel Road. City Manager Taylor stated that as per Council request research was made and it was found that fees are charged to schools, however because the County has helped the City on several occasions he recommends waiving fees. Council Member Wilenchik expressed concern on waiving fees for some and not others. He believes the City will come out ahead (financially), because the County would be more forgiving (in fee charges) then schools. Lets possibly draft an Ordinance, which would waive fees for the County. City Manager Taylor recommends doing a case-by-case (waive fees) study. It was mentioned that the estimated cost (waived fees) for the County is approximately $300. Council Member Douglas made a motion, seconded by Council Member Wilenchik to approve the request from Guadalupe County Commissioners Court to waive all fees associated with remodeling of annex at 1103 Elbel Road. The vote was: . AYES: Council Members Douglas, Trayhan, Agee, and Wilenchik. NAYS: None #13 RESOLUTION: A Resolution by the City Council of the City of Schertz, Texas casting votes to elect Directors for the Guadalupe County Appraisal District for the years 2006-2007. Council Member Agee made a motion, seconded by Council Member Trayhan to approve casting 246 votes to Sylvia Schlather. The vote was: AYES: Council Members Douglas, Trayhan, Agee, and Wilenchik. NAYS: None #14 Items by City Manager Taylor and Staff General Announcements . City Manager Taylor proposed holding Strategic Planning session on any of the following Saturdays, January 7, 21, or 28, 2006, starting 8 am to 3 p.m. #15 Items by Council . Council Member Douglas . Attended a dedication unveiling of Vietnam and Korea War memorial, Sunday in Marion. Regular Session 11-15-05 28 . Inquired on status of personnel manual, and was informed staff input is ongoing. . Council Member Trayhan . Mentioned attending BVY A meeting and said that in the future, Council Member Carpenter would attend BVY A and he attend TSAC. Mayor Pro Tem Agee- No Comment Council Member Wilenchik - . Inquired if a date has been set for an Investment Advisory meeting. . Reported that the Board at Dove Meadows has asked ifMayorBaldwin would be free to judge the subdivision lighting contest. . Inquired if documentation had been received from the Schertz Humane Society. The Society would like to get together will all interested parties. . Referred to procedures on moving of a county seat, and mentioned he would like to schedule the item as an agenda for discussion of pros lind cons. Council Member Carpenter- Absent #16 Items by Mayor . Asked for update on opening of new Council Chambers, and was advised the opening is scheduled for November 22, 2005, 6:00 p.m. . Reminded everyone of SSLGC meeting scheduled for Wednesday at the Police . Department Training room. . Reported receiving signed Resolution supporting the Alamo Community College District bond election. . Referred to invitation received for Parkway Village grand opening on Friday, (Karen and Larry Hunt) 1420 Schertz Parkway, 11 :00 to 11 :30 am. Council is invited. #17 ADJOURNMENT Mayor Baldwin adjourned the meeting at 7:55 p.m. ,/ Hal Baldwin, Mayor ATTEST: ~ , City Secretary . Regular Session 11-15-05 29