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ccreg 03-21-06 MINUTES REGULAR SESSION March 21, 2006 The Schertz City Council convened in Regular Session on Tuesday, March 21, 2006 in the Municipal Complex Council Chambers at 7:00 pm, 1400 Schertz Parkway Building #4, Schertz, Texas. The following members were present: Mayor Hal Baldwin presiding, Council Members Carl Douglas, John Trayhan, Reginna Agee, Tony Wilenchik and Michael Carpenter. Also present were City Manager, Don Taylor, Assistant City Manager John Bierschwale, City Attorney Michael Spain, and Deputy City Secretary Mary Ybarra. #1 CALL TO ORDER. Mayor Baldwin called the meeting to order at 7:00 p.m. #2 HEARING OF RESIDENTS Robert Brockman, 1000 Elbel Road made the following comments: Texas Human Resources Building will soon be vacant. Rumor has it the building will be up for sale. D Asked for an update on the Post Office issue. D Inquired on FM 3009 Sidewalk program; issue of drainage and other concerns. #3 PUBLIC HEARING: A) Consider a request for Specific Use Permit to allow a manufactured home on 1.12+ acres ofland situated out of the Jeromino Leal Survey No. 79, Abstract No. 424, Parcel 5C, County Block 5058, Bexar County, Schertz, Texas. The property is generally located near Old Lower Seguin Road and Aranda Lane. The property is zoned Residential/Agriculture (R-A). Applicant: Michael and San Juana Starr. Mayor Baldwin inquired if applicants were present and was advised applicant were not. At this time, City Manager Taylor brought Council up to date on the property under discussion and stated that Planning and Zoning Commission recommends approval, because the majority of the area includes manufactured homes. A letter was read from the owner at this time, thanking Council for their consideration for approval. Betty Tate, Aranda Lane resident inquired why did the applicant require a specific use pennit. She was advised that the property is zoned R-A; Residential/Agricultural and the zoning does not include manufactured homes. With no further comments, Mayor Baldwin closed the public hearing. Regular Session 03-21-06 141 B) Request to rezone 19.992+acres from General Business (GB) and Residential District-l (R-l) to Residential District - 6 (R-6). The tract is situated out of the T. Herrera No. 68 Survey, Abstract No. 153, Guadalupe County, Schertz, Texas. The property is generally located at the intersection of Live Oak and Maske Road. The property is referred to as Mesa Oaks II. Applicant: Burkett Live Oak, Ltd. City Manager Taylor stated that the Planning and Zoning Commission recommends approval as well as City Staff. Mr. Larry Aiken, development partner spoke on the issue and reviewed the options and coarse of action taken in the development of the property. The development would leave the frontage along Schertz Parkway as General Business (GB) zoning to comply with the City's future Land Plan. Inquires were made from concerned citizens on property owner notification, number of reply's received, zoning classification, and connectivity between subdivisions. There was no further discussion and Mayor Baldwin closed the public hearing. C) Request to rezone 19.098+ acres from General Business (GB) to Residential-Agriculture District (R-A). The tract is situated out of the E. Gotari Survey No.2, Abstract No.5, Bexar County, Schertz, Texas. The property is generally located at the southwest comer of Ware Seguin Road and FM 1518. The property is being referred to as Schertz Forest, Unit 2. Applicant: Schertz Forest Joint Venture. City Manager Taylor reported that the Planning and Zoning Commission recommends approval and staff concurs with the recommendation. Henry Christopher, owner was present to answer any questions. There was no further discussion and Mayor Baldwin closed the public hearing. #4 CONSENT AGENDA: A) Minutes of Strategic Planning Session January 18, and Febrnary 1, 2006, workshop minutes of January 11 and January 25,2006. B) ORDINANCE: Final reading on an ordinance establishing a curfew for juveniles under seventeen years of age to prohibit being in any public place during the curfew period set forth herein, providing an enforcement procedure; establishing criminal penalties for juveniles, parent of juveniles and owners/operators or persons in control of establishments; and adopting certain exceptions. Regular Session 03-21-06 142 C) ORDINANCE: Final reading on an ordinance providing that Chapter 18 of the Code of Ordinances of the City of Schertz be amended to authorize the installation of speed humps on streets in the City of Schertz. D) ORDINANCE: First reading on an ordinance adopting and enacting a new code for the City of Schertz providing for the repeal of certain ordinances not included therein; providing penalty for the violation thereof; providing for the manner of amending such code; and providing when such code and this ordinance shall become effective. Council Member Douglas made a motion, seconded by Council Member Agee to approve consent agenda A (minutes of January 18, and February I, 2006 only, other minutes were not available for review) B, C and D. The vote was: AYES: Council Member Douglas, Trayhan, Agee, Wilenchik and Carpenter. NAY: None. #5 ORDINANCE: Discussion and first reading on an ordinance for Specific Use Permit to allow a manufactured home on 1.12+ acres ofland situated out of the Jeromino Leal Survey No. 79, Abstract No. 424, Parcel 5C, County Block 5058, Bexar County, Schertz, Texas. The property is generally located near Old Lower Seguin Road and Aranda Lane. The property is zoned Residential/Agriculture (R- A). Applicant: Michael and San Juana Starr. Council Member Trayhan made a motion, seconded by Council Member Carpenter to approve Specific Use Permit to allow a manufactured home on 1.12+ acres of land situated out of the Jeromino Leal Survey No. 79, Abstract No. 424, Parcel 5C, County Block 5058, Bexar County, Schertz, Texas. The vote was: A YES: Council Member Douglas, Trayhan, Agee, Wilenchik and Carpenter. NAY: None. #6 ORDINANCE: Discussion and first reading on an ordinance to rezone 19.992+acres from General Business (GB) and Residential District-I (R-I) to Residential District-6 (R-6). The tract is situated out of the T. Herrera No. 68 Survey, Abstract No. 153, Guadalupe County, Schertz, Texas. The property is generally located at the intersection of Live Oak and Maske Road. The property is referred to as Mesa Oaks II. Applicant: Burkett Live Oak, Ltd. Council Member Trayhan made a motion, seconded by Council Member Douglas to approve first reading of an ordinance to rezone 19.992+acres from General Business (GB) and Residential District-I (R-I) to Residential District-6 (R-6). The vote was: A YES: Council Member Douglas, Trayhan, Agee, and Carpenter. ABSTAINED: Council Member Wilenchik NAY: None. Regular Session 03-21-06 143 #7 ORDINANCE: Discussion and first reading on an ordinance to rezone 19.098+ acres from General Business (GB) to Residential-Agriculture District (R-A). The tract is situated out of the E. Gotari Survey No.2, Abstract No.5, Bexar County, Schertz, Texas. The property is generally located at the southwest comer of Ware Seguin Road and FM 1518. The property is being referred to as Schertz Forest, Unit 2. Applicant: Schertz Forest Joint Venture. Council Member Douglas made a motion, seconded by Council Member Wilenchik to approve first reading of an ordinance to rezone 19.098+ acres from General Business (GB) to Residential-Agriculture District (R-A). The vote was: A YES: Council Member Douglas, Trayhan, Agee, Wilenchik and Carpenter. NAY: None. #8 ORDINANCE: Discussion and action on first reading on an ordinance providing that the Code of Ordinances, City of Schertz, Texas be amended by revising Section 18-76, maximum limits on specific street, Schertz Parkway. City Manager Taylor reported no changes. Council Member Trayhan made a motion, seconded by Council Member Agee to approve first reading on an ordinance providing that the Code of Ordinances, City of Schertz, Texas be amended by revising Section 18-76, maximum limits on specific street, Schertz Parkway. The vote was: A YES: Council Member Douglas, Trayhan, Agee, Wilenchik and Carpenter. NAY: None. #9 ORDINANCE: Discussion and action on first reading on an ordinance providing that the Code of Ordinances, City of Schertz, Texas be amended by revising Section 18-76, maximum limits on specific street, Lower Seguin Road. Council Member Wilenchik made a motion, seconded by Council Member Carpenter to approve first reading on an ordinance providing that the Code of Ordinances, City of Schertz, Texas be amended by revising Section 18-76, maximum limits on specific street, Lower Seguin Road. The vote was: AYES: Council Member Douglas, Trayhan, Agee, Wilenchik and Carpenter. NAY: None. #10 Discussion and action on the Intergovernmental Agreement with Comal County regarding the On Site-Facilities. City Attorney Michael Spain gave an update on agreement with Comal, however believes there is an agreement in place since 2004. He would like to research the matter and Regular Session 03-21-06 144 recommends postponing the issue until further research is made. He believes Comal County has approved, however the City of Schertz didn't receive a copy. It was Council's consensus to have the matter researched and bring it back at a later time if needed. #11 RESOLUTION: Discussion and action to certify funding and support for the Statewide Transportation Enhancement Program nomination Form 2006 with the Texas Department of Transportation for the application to receive funds for the Roy Richards Memorial Project. Council Membcr Wilenchik made a motion, seconded by Council Member Agee to approve resolution to certify funding and support for the Statewide Transportation Enhancement Program nomination Form 2006 with the Texas Department of Transportation for the application to receive funds for the Roy Richards Memorial Project. The vote was: A YES: Council Member Trayhan, Agee, Wilenchik and Carpenter. ABSTAINED: Council Member Douglas NAY: None. #12 ORDINANCE: Discussion and action on first and final reading on an ordinance authorizing certain officials of the City to issue citations and declaring an emergency. City Manager Taylor gave a brief explanation on the matter and deferred comments to City Attorney. City Attorney Michael Spain, explained that the recommendation came from Judge Padgett and after review agrees and recommends approval. The Ordinance authorizes officials to issue citations, those officials include: Health inspector City Inspector Building inspector or Official Code Enforcement or Code Compliance officer Public Works Inspector Animal Control officers or Any other individual authorized to enforce the City's Code of Ordinances. Council Member Agee made a motion, seconded by Council Member Douglas to approve first and final reading on an ordinance authorizing certain officials of the City to issue citations and declaring an emergency. The vote was: AYES: Council Member Douglas, Trayhan, Agee, Wilenchik and Carpenter. NAY: None. Regular Session 03-21-06 145 At this time, Council adjourned and will convene into the Conference Room for an Executive Session. #13 EXECUTIVE SESSION: Called under Chapter 551 of the Texas Government Code, Sub-Section Section 551.Q71 (a) Deliberation Regarding Legal Matters. An Executive Session was held from 7:35 p.m. to 8:35 p.m. #14 Action, if any on above subject of the Executive Session. No action was necessary. #15 Items by City Manager Taylor and Staff General Aunouncements 0 City Manager Taylor had no comments 0 Assistant City Manager reported that TXDot did a good job on adding a 3rd lane to the southbound frontage road at IH-35. #16 Items by Council Council Member Douglas 0 Had no comments Council Member Trayhan 0 Had no comments Council Member Agee 0 Had no comments Mayor Pro-Tern Wilenehik 0 Reminder of Doggy Dash on April 29th, preparations are underway and sponsorships are coming in as well as runner, walkers are being signed up. 0 Reported he would be out of town next week and would not attend the P&Z meeting or Council Workshop. Council Member Carpenter 0 Inquired about Tax abatement matter and was advised to follow up with City Attorney. 0 Reporting meeting with Ed Kenny reference soccer fields and possible donation to the City. Regular Session 03-21-06 146 0 Mentioned meeting with resident at Oak Street relative to ongoing fence issue. He walked the entire fence line and believes it will not take much to make repairs. He added that residents are willing to pitch in monetarily to help make repairs. #17 Items by Mayor 0 Welcomed three home school students from New Braunfcls and thanked them for attending. #18 ADJOURNMENT Mayor Baldwin adjourned the meeting at 8:41 p.m. C2~ ATTEST: Regular Session 03-21-06 147