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ccrg 08-02-2005 . . . COUNCIL - REGULAR SESSION Tuesday, August 2, 2005 The Schertz City Council convened in regular session on Tuesday, August 2, 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 Allegiance to the Flag. #1 PRESENTATION OF RELAY OF LIFE TROPHY Ms. Rita Duprat-Waldo, Executive Services Coordinator passed out 2005 Relay of Life results and presented the City the Relay of Life trophy won by Team Schertz for the second year in a row. Team Schertz was number one by a mile this year; raised approximately $5,744 for an overall total of $40,000 without corporate donations. She went on to say the Trophy would be displayed at City Hall. #2 HEARING OF RESIDENTS Robert Brockman: 1000 Elbel Road, commented on the following: . Mentioned Compensation . Inquired on status of Post Office. . Commented that he had talked to Greg Malatek regarding island FM 3009 and Wal-mart and was informed construction would start in about 3 weeks. . Mentioned Congressman Cuellar is scheduled Thursday the 4th from 5:30p.m to 6:00p.m. in the City Conference Room Johnnie Miller: 3574 Foxbriar Lane, voiced concerns regarding children's safety in Northcliffe due to traffic issues in the area and believes the area needs representation from Council. Paul E. Towrv: 3825 Greenridge, stated he would like for Council to take a look at the issue of one-way streets in the Northcliffe area. Council Member Wilenchik informed those residents from Northcliffe that TSAC meetings are scheduled the 1st Thursday of every month at 6:30 p.m. These meeting primarily target traffic issues, etc. He added that Council is scheduling a date and time for a future meeting for Northcliffe residents to discuss these issues. David Richmond: 2921 Bent Tree Drive, will comment on item #8. #3 PUBLIC HEARING: On request to rezone 2.440:f: acres from Residential/Agriculture District (R-A) to Manufacturing District-Light (M-l). . Mayor Baldwin stated the procedures to be followed at public hearings. Nancy McBeth, Planning and Zoning Director, announced this project is located at Wiederstein Road and FMll 03 (5450 FM 1103). The applicant Mr. Dean Chinni, Sigma Industrial Automation, Inc., requests to improve his business by expanding the facility with a new 9,000:f: square foot building. Due to current use of property (legal non- confIrming use) and upon staff review of current operations the zoning would allow only light manufacturing (M-l). Mr. Dean Chiuni has consented (volunteered) to the unlimited uses attached by the zoning change. Staff has determined the permitted uses allowed under the M-l Zoning and a list will be recorded as part of a restrictive covenant to the land. At this time, Mr. Chinni thanked the Planning Department for all their hard work. Mr. Brockman, 1000 Elbel Road, acknowledged that the request sounds good. David Richmond, Chairman of Planning and Zoning Commission, stated that limiting the type of uses allowed in the M-l, Districts, protect the surrounding property owners. Without further discussion, Mayor Baldwin closed the public hearing. . #4 PUBLIC HEARING: On amending the Unified Development Code (Ordinance 96-S-28) as follows: a. Article XVI (Administrative), Section 3.4 and 5.4. b. Article VII (Special Districts), Section 4.1, Paragraph 1. c. Article VII (Special Districts) adding Section 7, Alternative Development District. Mayor Baldwin stated the procedures to be followed at public hearings. Nancy McBeth, Planning and Zoning Director explained the three changes of the Unified Development Codes as follows: a) Article XVI, Section 3.4 states the Unified Development Code required that all requests for amendments and/or changed to the Unified Development Code be filed with the Planning Department seven (7) days prior to the next Planning and Zoning meeting. Article XVI, Section 5.4 states the Unified Development Code requires all petitions for zoning be reviewed by the Planning and Zoning Commission to set a date for a public hearing. Nancy McBeth proposes to delete the section 3.4 and section 5.4. She adds that the . Planning Commission unanimously voted to recommend approval. . b) Article VII, Section 4.1, Paragraph 1, states that any development ofland within the Air Installation Compatible Use Zone (AICUZ) would be referred to the Planning and Zoning Commission for consideration of a Specific Use Permit in accordance with Article V, Specific Uses. Nancy McBeth is proposing deleting the paragraph in its entirety, however introduced an alternative method to add, "except for single family residential uses" to the paragraph. She believes the City has enough requirements in place and by removing this process would not create any problems and reminds Council that the City has adopted the Randolph AICUZ study and staff closely follows the guidelines when reviewing development. c) Article VII (Special Districts) adding Section 7, Alternative Development District Code, which replaces the Planned Unit Development District previously utilized by the City. The Alternative Development Code creates an independent zoning district within the Special District (Section VII) of the Unified Development Code. This new Alternative Development District (ADD) will replace all properties designated as Planned Unit Development (PUD) on the Zoning Map. . Nancy McBeth is proposing adding Section 7, Alternative Development District Code to replace the Planned Unit Development District (PUD). She reminds Council that the PUD was removed from the Unified Development Code, however the PUD designation was not removed from the adopted zoning map. This has created issues the department is currently facing. The City currently has an applicant proposing development for a PUD, and in discussions with City Attorney the applicant's request is legally valid. The applicant, after discussion and thoroughly reviewing alternatives has agreed to allow the City to establish an Alternative Development District Code, however the applicant's timeline and the City are constrained. The City is trying to solve two issues, zone change for PUD and correct the UDC by adding new code, which would change the zoning map PUD designation to ADD designation as quickly as possible. This would be a temporary fix until P&Z can adopt new rules. After a brief discussion, regarding PUD designation, David Richmond, Chairman Planning and Zoning Commission, stated that after a five hour meeting the Commission voiced concerns relative to changing PUD to ADD. . Easy solution-take designation off the map · PUD has no guidelines . Possibly have P &Z approve the project. Mr. Greenwald (former Council Member) stated that originally PRUD (plan Residential Unified Development) was established over 30 years ago, however, never materialized. Then PRUD was changed to PUD, however was never used. Somehow the PUD has never been taken off the City zoning map. . Without further discussion, Mayor Baldwin closed the public hearing. #5 ORDINANCE: Consider and take action on first reading of Ordinance rezoning 2.440:1: acres from Residential/Agriculture District (R-A) to Manufacturing District-Light (M-l). . Mayor Baldwin introduced an Ordinance and read the caption as follows: AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE UNIFIED DEVELOPMENT CODE (UDC) ORDINANCE 96-S-28 BY REZONING 2.440:1: ACRES OUT OF THE RAFAEL GARZA SURVEY, ABSTRACT NO. 93, GUADALUPE COUNTY, TEXAS FROM RESIDENTIALlAGRICULTRAL DISTRICT (R-A) TO MANUFACTURING DISTRICT-LIGHT (M-l). Council Member Carpenter stated he attended the Planning and Zoning Meeting, where there was debate on the issue and believes the solution clearly lines up with the cities intensions for rezoning. Without further discussion, Council Member Carpenter moved to approve first reading of Ordinance rezoning 2.440:1: acres from Residential/Agriculture District (R-A) to Manufacturing District-Light (M-l). Council Member Douglas seconded the motion, which carried with the following votes: AYES: Council Members Douglas, Agee, Wilenchik, and Carpenter NAYS: None . #6 ORDINANCE: Consider and take action on -Irrst reading of Ordinance amending Article XVI, (Administrative) Section 3.4 and 5.4. Mayor Baldwin introduced an Ordinance and read the caption as follows: AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE UNIFIED DEVELOPMENT CODE (UDC) 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. Council Member Carpenter moved to approve first reading of Ordinance amending Article XVI, (Administrative) Section 3.4 and 5.4. Council Member Wilenchik seconded the motion, which carried with the following votes: AYES: Council Members Douglas, Agee, Wilenchik, and Carpenter NAYS: None . #7 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 follows: AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE UNIFIED DEVELOPMENT CODE (UDC) ORDINANCE 96-2-28 BY REVISING ARTICLE VII (SPECIAL DISTRICTS), SECTION 4.1, PARAGRAPH 1. PROVIDING AN EFFECTIVE DATE; AND PROVIDING A REPEALING CLAUSE. Nancy McBeth, Director of Planning and Zoning reiterated the options as previously discussed: to delete the whole paragraph or to add "except for single-family residential uses." Council Member Carpenter informed that the Planning and Zoning Commission did not feel comfortable with the options and did not recommend approval. Council Member Carpenter moved to approve that the matter be sent back to the Planning and Zoning Commission for further discussion. Council Member Wilenchik seconded the motion, which carried with the following votes: . AYES: Council Members Douglas, Agee, Wilenchik, and Carpenter NAYS: None #8 ORDINANCE: Consider and take action on first reading of Ordinance amending Article VII (Special Districts) adding Section 7, Alternative Development District. Mayor Baldwin introduced an Ordinance and read the caption as follows: AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE UNIFIED DEVELOPMENT CODE (UDC) ORDINANCE 96-2-28 BY AMENDING ARTICLE VII (SPECIAL DISTRICTS), ADDING SECTION 7 <ALTERANTIVE DEVELOPMENT DISTRICT). PROVIDING AN EFFECTIVE DATE; AND PROVIDING A REPEALING CLAUSE. Council Member Douglas states he would like to hear from the City Attorney on the matter. . After a brief discussion, Mayor Baldwin asked that Council take action on first reading of Ordinance, and at next Wednesday night's meeting have City Attorney, Michael Spain, state his opinion. Council Member Wilenchik moved to approve first reading of Ordinance amending Article VII (Special Districts) adding Section 7, Alternative Development District. Council Member Agee seconded the motion, which carried with the following votes: . Council Member Douglas stated he would very much like to wait until City Attorney would give his opinion. Council Member Carpenter doesn't feel comfortable going against the P&Z advice. At this time a vote was called: AYES: Council Members Douglas, Agee, Wilenchik, and Carpenter NAYS: None Council Member Agee moved to recess at 8:45p.m. Council Member Carpenter second the motion which carried with the following votes: AYES: Council Members Douglas, Agee, Wilenchik, and Carpenter NAYS: None Council reconvened at 8:50p.m. #9 ORDINANCE: Consider and take action on Ordinance amending Chapter 19, Water, Wastewater Disposal, Exhibit 4 Water rates established. Mayor Baldwin introduced an Ordinance and read the caption as follows: . ORDINANCE 05-F-36 BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS PROVIDING THAT THE CODE OF ORDINANCES, OF THE CITY OF SCHERTZ, TEXAS BE AMENDED BY REVISING CHAPTER 19, WATER, WASTEWATER DISPOSAL, EXHIBIT 4, WATER RATES ESTABLISHED; PROVIDING A REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY. Council Member Wilenchik moved to approve Ordinance amending Chapter 19, Water, Wastewater Disposal, Exhibit 4 Water rates established. Council Member Carpenter seconded the motion, which carried with the following votes: AYES: Council Members Douglas, Agee, Wilenchik, and Carpenter NAYS: None #10 ORDINANCE: Consider and take action on Ordinance amending Chapter 19, Water, Wastewater Disposal, Exhibit 5, Sewer rates established. . Mayor Baldwin introduced an Ordinance and read the caption as follows: . ORDINANCE NO. 05-F-37 BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS PROVIDING THAT THE CODE OF ORDINANCES, OF THE CITY OF SCHERTZ, TEXAS BE AMENDED BY REVISING CHAPTER 19, WATER, WASTEWATER DISPOSAL, EXHIBIT 5, SEWER RATES ESTABLISHED; PROVIDING A REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY. Council Member Wilenchik moved to approve Ordinance amending Chapter 19, Water, Wastewater Disposal, Exhibit 5, Sewer rates established. Council Member Carpenter seconded the motion, which carried with the following votes: AYES: Council Members Douglas, Agee, Wilenchik, and Carpenter NAYS: None #11 APPOINTMENT: Consider and take action appointing Charter Review Commissioners. . During a brief discussion the following names were submitted for consideration for Charter Review Commission: . Billy Keen . Roy Richard . Bob Cantu . Leonard Winand Without further discussion, Council Member Douglas moved to appoint the above names to the Charter Review Commission. Council Member Wilenchik seconded the motion, which carried with the following votes: AYES: Council Members Douglas, Agee, Wilenchik, and Carpenter NAYS: None #12 APPOINTMENT: Consider and take action reappointing ED Commissioners. . During a brief discussion it was Council consensus to reappoint ED Commissioners as presented: Robert Statzer, Chair Renry Gutierrez Bob Vallance II Abbie Brown Charles McDonald Klaus Weiswurm Council Member Wilenchik moved to approve the reappointment ED Commissioners as submitted. Council Member Douglas seconded the motion, which carried with the following votes: . AYES: Council Members Douglas, Agee, Wilenchik, and Carpenter NAYS: None #13 Consider and take action to set the City Secretary compensation by establishing a service grade based on the City pay classification schedule. After a brief discussion Council agreed to set City Secretary compensation at Service Grade 28 on the City pay scale classification schedule. Without further discussion Council Member Douglas moved to approve to set the City Secretary compensation at Service Grade 28 based on the City pay classification schedule. Council Member Agee seconded the motion, which carried with the following votes: AYES: Council Members Douglas, Agee, Wilenchik, and Carpenter NAYS: None #14 Items by City Manager Taylor General Announcement . . Visit by Congressman Cuellar is scheduled for Thursday 5:30 p.m. Re will be introducing his new Services Representative Mark Gonzales. #15 Items by Council General Announcements Council Member Douglas Liaison EDC Liaison-Schertz Library Board . Reminded Council of Gary Job Corp. luncheon scheduled for Thursday and everyone interested in attending will need to be at City Rall at 10:30 a.m. . Marilyn Street drainage issue is scheduled for Monday 7 p.m., everyone is welcomed (post agenda for meeting). . Attended Ribbon cutting at 8:30a.m for Nursing home on FM 3009. . Reported on Library Board Meeting- Presentation on finalized project possibly at a future agenda. Council Seat Place 2 Vacant . . . . Mayor Pro-Tem Agee Liaison Schertz Rousing Authority Liaison Guadalupe County Children's Advocacy Center . Reminder of Kuempel Roast-Fundraiser for the Children's Advocacy Center on September 1, 2005. Council Member Wilenchik Liaison Schertz Rumane Society Liaison ROA Coalition Liaison-P&Z Commission Investment Advisor . Will be out of town and will not attend meeting on Wednesday. . Reminder of City Secretary interview's scheduled for Thursday 17th at 6:30p.m. Council Member Carpenter Liaison-TSAC . Inquired on bridge at Maske Road. . Would be attending the next P & Z meeting for Council Member Wilenchik. #16 Items by Mayor Baldwin General Announcements Liaison-SSLGC . Possible interview of Council Member applicants August 23111, with possible executive session. . Mentioned meeting at Live Oak Civic Center 10a.m- Hotel Tip Tourism-Mayor and City Manager will attend. #17 ADJOURMENT There being no further business Mayor Baldwin closed the meet' gat 9:30 p.m. 4~~ ATTEST: