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10-03-2006-Regular Session City Council Minutes of Regular Session October 3, 2006 The Schertz City Council convened in Regular Session on Tuesday, October 3, 2006 at 7:00 p.m. in the Municipal Complex Chambers, 1400 Schertz Parkway, Building #4, Schertz, Texas. The following members were present: Mayor Hal Baldwin presiding, Council Members Jim Fowler, David L. Scagliola, Reginna Agee, Tony Wilenchik and Mayor Pro Tern Michael Carpenter. Also present were City Manager, Don Taylor, Assistant City Manager, John Bierschwale and City Secretary, Judy Tokar. #1 CALL TO ORDER Mayor Baldwin called the meeting to order at 7:00 p.rn. #2 PLEDGE OF ALLEGIANCE TO THE UNITED STATES AND STATE OF TEXAS: Mayor Baldwin led the pledges of allegiance. #3 INTRODUCTION OF EMPLOYEES: Fire Department, Public Works Department and Police Department. The following employees were introduced from the Public Works Department - Michael King, Guadalupe Castillo, Jerry Lopez, Eddie Diggs, Pete Ward, Steven Figueroa, Raul SaiJ.toya and Mark Morales. Fire Department introduced Sally Howorth, Administrative Fire Clerk, recently promoted to Administrative Assistant. The Police Department introduced Police Officer Jeffrey Krivacka. #4 RECOGNITION OF SCHERTZ DEVELOPMENT FOUNDATION MEMBERS: Ms. Madison, Executive Director of Economic Development, gave a brief background on the purpose of the foundation and named the following members of the board that were being recognized. On July 31, 2006 the foundation voted unanimously to dissolve the Foundation. Those individuals recognized for their service on the board was Jackie Jones, Roy Richard, John Sheridan and Don Jeffreys. Ms. Jackie Jones was present to accept a plaque from the Mayor in recognition of her service since 1996. The public hearing was opened at 7:15 p.rn. Regular Session 10-3-06 1 #5 PUBLIC HEARINGS: A) Hold a public hearing on a request for a Specific Use Permit of Lot 1, Block 1 in the S.W. Quadrant Water Plant Subdivision. The 5.22+ acre tract provides for a 1.5 million gallon water storage tank. The property is zoned Public Use District (PUB). Applicant: City of Schertz. Presenter: Sam Willoughby Mr. Truitt said the Specific Use Permit request is to erect a 1.5 million gallon water tank to provide additional storage for the City of Schertz water system. The tank will be +148-feet in height with the "SCHERTZ" painted on the top portion of the tank. The property is located on 5.21+acre tract zoned Public Use District (PUB). Twenty-two notifications were mailed to surrounding property owners, 4 letters replied in opposition and 1 letter in favor ofthe request. Mr. Larry Dublin, Ford Engineering, showed on the overhead screen the location of the proposed storage tank adjacent to existing booster station. The tower is located behind Schertz Funeral Home and adjacent subdivision. The tower will provide for cellular antennas. Charles Leverich, 1043 E. Live Oak Road, opposed the water tank because of the bright lights and increase noise. Standard locations for water tanks are usually in undeveloped areas not next to an existing residence. Roger Astin, 1037 E. Live Oak Road, would not had purchase property if known there would be a water tower next to him. The request will create a unique impact on 3 fumilies and Council should consider the impact properly. Is the City going to be responsible if homes are hit by lightning? Robert Brockman, 1000 Elbel Road, asked if the ordinance would comply with the fall zone of antennas on the water tower. Public hearing was closed at 7:50 p.m. B) Hold a public hearing on a request for a Special Use Permit of Lot 13, Block 3 in the Nell Deane Subdivision. The .9983+ acre tract contains 4,800 square foot of office/warehouse facilities located in the Air Installation Compatible Use Zone (AICUZ), Air Protection Zone-2 (APZ-2). The property is zoned General Business (GB). Applicant: Larry W. Hunt. Presenter: Leonard Truitt Mr. Truitt said the request was for a Special Use Permit on .9983+ acres for a 4,800 square foot office/warehouse facility located in the APZ-2. Mr. Hunt, owner of the property is fully aware of the sound measure of the flight zone. No public comment. The public hearing was closed at 7:52 p.rn. Regular Session 10-3-06 2 #6 HEARING OF RESIDENTS .sharon Penninl!ton. Chamber Director. thanked Mayor, Baldwin, Councilmember Scagliola and Councilmember Wilenchik at Super Supper attending, Oct. lOth Sue Cafe, frrst showcase was a success with 850 and 1,000 attendees, 275 people participated in the hugs and aerial photo. Thanked individual staff members and Council members for their support. She introduced present committee members as Dixie Bane, Kelly Smith, Co- chairman and Joe Ward. As of this morning the chamber has 85 members since October 2006. Miss Sweetheart Court will be in the Night in Ole Converse parade on Saturday morning and placed best over all award in the Lonesome Dove Festival. Robert Brockman. 1000 Elbel Road, wanted to know if the City mad it clear to the contractor where the structures were being moved to. Does the City have a policy on donation jars at City Hall? He asked that the public use the portable mic for presentations; it is difficult to hear them. Larrv Dublin. 541 Ginsberg. Secretary for the Jonas Woods Homeowners Association, apologized to the Mayor, City Council, Police Department and City staff for accusations from an incident that happened and made by a resident at the last meeting. Only representatives from the homeowners associations can speak on its' behalf. Mayor Baldwin said he accepted his apology and also from the homeowners association. Mr. Taylor introduced David Harris, the new Assistant City Manager starting Oct. 30, 2006. David was at Hill Country Village for 6 years and budget analysis for Bexar County. Mr. Harris brings a lot of experience to the City. #7 CONSENT AGENDA: A) Approval of Minutes: 1) Workshop Session July 11, and July 25, 2006 2) Regular Session August 1,2006 C) ORDINANCE: Action on final reading of an ordinance providing that the Code of Ordinances of the City of Schertz be amended by revising Section 86-42, All-Way Stops. (Brook Hollow Drive & Rolling Brook Lane) D) ORDINANCE: Action on final reading of an ordinance authorizing the abandonment of a road and the conveyance thereof to the abutting landowners. (Old Hubertus Road) Mayor Pro Tern Carpenter made a motion, seconded by Councilmember Wilenchik to approve Consent Agenda Items 7C and D. The vote was as follows: AYES: Fowler, Scagliola, Agee, Wilenchik and Carpenter NAY: None Regular Session 10-3-06 3 Mayor Pro Tem Carpenter made a motion, seconded by Councilmember Agee to postpone approving the minutes of July 11, 2006. The minutes were received late and not included in the packet. The vote was as follows: A YES: Fowler, Scagliola, Agee, Wilenchik and Carpenter NAY: None Mayor Pro Tem Carpenter made a motion, seconded by Councilmember Wilenchik to approve minutes of July 25, and August 1, 2006. The vote was as follows: AYES: Fowler, Scagliola, Agee, Wilenchik and Carpenter NAY: None 7B) RESOLUTION: Resolution approving the renovation and expansion of existing facilities of the Guadalupe Appraisal District. Ms. Jaime Osborne, Chief Appraiser for the Guadalupe Appraisal District explained the need for the expansion project because of the rapid growth in the far west end of the county and more parcels being added to district requiring additional personnel to handle the growth. Councilmember Wilenchik made a motion, seconded by Councilmember Fowler, to approve the resolution approving the renovation and expansion of existing facilities of the Guadalupe Appraisal District. The vote was as follows: AYES: Fowler, Scagliola, Agee, Wilenchik and Carpenter NAY: None #8 ORDINANCE: Discussion and action on first reading of an ordinance for a Specific Use Permit of Lot I, Block 1 in the S.W. Quadrant Water Plant Subdivision. The 5.22+ acre tract provides for a 1.5 million gallon water storage tank. The property is zoned Public Use District (PUB). Applicant: City of Schertz. Mayor Pro Tem Carpenter made a motion, seconded by Councilmember Wilenchik to disapprove the specific use permit for the water plant and return to Planning and Zoning Commission for reconsideration. The vote was as follows: AYES: Fowler, Scagliola, Agee, Wilenchik and Carpenter NAY: None #9 ORDINANCE: Discussion and action on first reading of an ordinance for a Special Use Permit of Lot 13, Block 3 in the Nell Deane Subdivision. The .9983+ acre tract contains 4,800 square foot of officeJwarehouse facilities located in the Air Installation Compatible Use Zone (AICUZ), Air Protection Regular Session 10-3-06 4 Zone-2 (APZ-2). The property is zoned General Business (GB). Applicant: Larry W. Hunt. Councilmember Wilenchik made a motion, seconded by Councilmember Fowler, to approve the frrst reading ofan ordinance for a Special Use Permit of Lot 13, Block 3 in the Nell Deane Subdivision. The .9983+ acre tract contains 4,800 square foot of office/warehouse facilities located in the Air Installation Compatible Use Zone (AICUZ), Air Protection Zone-2 (APZ-2). The property is zoned General Business (GB). The vote was as follows: A YES: Fowler, Scagliola, Agee, Wilenchik and Carpenter NAY: None #10 ORDINANCE: Discussion and action on first reading of an ordinance amending the Code of Ordinances by revising Section 86-149, No Parking on Inglewood Drive. Mayor Pro Tern Carpenter made a motion, seconded by Councilmember Wilenchik, to approve on frrst reading of an ordinance amending the Code of Ordinances by revising Section 86-149, No Parking on Inglewood Drive. The vote was as follows: A YES: Fowler, Scagliola, Agee, Wilenchik and Carpenter NAY: None #11 Discussion and action on awarding the bid for relocation of the Kramer structures. Councilmember Agee made a motion, seconded by Councilmember Scagliola to award the bid to Dodson House Moving to relocate the Kramer structures in the amount $37,350.00.00. The vote was as follows: A YES: Fowler, Scagliola, Agee, Wilenchik and Carpenter NAY: None #12 Discussion and action on Utility Write OtIs. Councilmember Wilenchik made a motion, seconded by Mayor Pro Tern Carpenter, to approve the Utility Write Offs in the amount of$61,000.00. The vote was as follows: A YES: Fowler, Scagliola, Agee, Wilenchik and Carpenter NAY: None #13 EXECUTIVE SESSION called under Chapter 551 of the Texas Government Code, and Section 551.072, Deliberations regarding the purchase, exchange, or value of real property. Regular Session 10-3-06 5 #14 Mr. Taylor said the executive session was not necessary. #15 Items by City Manager Taylor and StatI: No report. #16 Items by Council: CounciJmember Fowler - On vacation for the next 2 weeks CounciJmember Scagliola - November 10th Schertz Humane Society golf tournament CounciJmember Agee - Reported on the Children Advocacy Center for August and September and cases increasing CounciJmember Wilenchik - Reminder the Mayor of the Investment Advisory Committee meeting on October 4th at 10:00 arn. Mayor Pro Tem Carpenter - Requested on future agenda to discuss the 50th Anniversary Committee, and create a Historical Preservation committee. Asked for update on all City bonds projects. #17 Items by Mayor Mayor Baldwin remarked on the outstanding and successful event of the Chamber Showcase and thanked Ms. Pennington for all of her hard work. #18 ADJOURNMENT The meeting was adjourned at 8:36 p.rn. ATTEST: ~/~ ~okw/, City Secretary Regular Session 10-3-06 6