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ccreg 12-21-1999 . REGULAR SESSION OF THE SCHERTZ CITY COUNCIL DECEMBER 21, 1999 The Schertz City Council convened in Regular Session on Tuesday, December 21,1999 at 7:00 p.m. in the Municipal Complex Council Chambers, 1400 Schertz Parkway, Schertz, Texas. Those present were as follows: Mayor Hal Baldwin, presiding; Councilmembers Pia Jarman; Joe Potempa; Reginna Agee; Glyn Williams and Ken Greenwald. Staff present were: Kerry Sweatt, City Manager, Chief Woodward, Chief Smith, Juan Guerrero, EMS, and Deputy City Secretary Dolores Butler. Mayor Baldwin asked everyone to rise and join him in the Pledge of Allegiance to the Flag. #1 HEARING OF RESIDENTS No one had signed up to speak. #2 SWEARING IN OF MA VOR PRO-TEM . Mayor Baldwin gave the oath of office to Ms. Reginna Agee. #3 PUBLIC HEARING: To receive citizen comments on a request from Halff Associates to rezone 5.71 acres from General Business (GB) to Manufacturing District - Light (M-1). Mr. Sweatt advised the 5.71 acres is part of a tract of land generally between Slim's Automotive and Tri-County Parkway off IH-35, roughly across the street from Keebler Distributing. Part of the property is located in the M-1 zoning district and part of it falls in the GB zoned district. There is a proposed development that plans to construct a new building in that location which is represented by Halff Associates (ProLogis Real Estate Investment Trust). Mr. Brown is representing the owner. The applicant plans to construct a building similar to others that ProLogis has built having all their properties zoned M-1. The Planning and Zoning Commission held a public hearing and made recommendations that the application be approved. Five (5) letters were sent to property owners in the area; two were returned in favor and there was no response from the other three (3). Receiving no comments or questions, Mayor Baldwin closed the public hearing. . #4 ORDINANCE: Consider and take action on first reading of Ordinance rezoning 5.71 acres from GB to M-1. Mayor Baldwin introduced an ordinance and read the caption as follows: -62- . AN ORDINANCE BV THE CITV COUNCIL OF THE CITV OF SCHERTZ, TEXAS AMENDING THE UNIFIED DEVELOPMENT CODE (UDC) ORDINANCE NO. 96-S-28 BV REZONING 6.71 ACRES OUT OF GUADALUPE COUNTV AND REFLECTING SUCH CHANGES ON CERTAIN ZONING MAPS IN ACCORDANCE WITH THE SCHERTZ UDC ORDINANCE. Mayor Baldwin asked for a motion. Mr. Greenwald moved to approve first reading of an ordinance amending the Unified Development Code by rezoning 5.71 acres out of Guadalupe County. Mr. Potempa seconded the motion, which carried with the following votes: AYES: Councilmembers Jarman, Potempa, Agee, Williams and Greenwald NAYS: None #6 PUBLIC HEARING: To receive citizen input on a request from Planning and Zoning Commission to revise the Unified Development Code (UDC), Article VII, Special Districts, Section 2, Roy Richard Drive/FM3009 Overlay District, and Section 3, Schertz Parkway District. . Mr. Sweatt advised this amendment to the UDC was developed in response to concern by staff, Planning and Zoning Commission (P&Z), City Council and others as to the politicization of what has been identified as bandit signs/real estate advertising signs that have been allowed to be placed in rights of way of major thoroughfares for off-site housing development sales. P&Z spent a considerable amount of time reviewing past circumstances and problems and have come up with a circumstance that would allow builders and developers an opportunity to advertise, yet not clutter the rights of way completely. The ordinance amendment stipulates numbers, distances and prescribes a manner for enforcement. Among other things, failure to comply can result in a loss of permit. We have received no written comment in response to the published public hearing. Receiving no comments or questions, Mayor Baldwin closed the public hearing. #6 ORDINANCE: Consider and take action on first reading of Ordinance revising UDC. Mayor Baldwin introduced an ordinance and read the caption as follows: . -63- . AN ORDINANCE BV THE CITV COUNCIL OF THE CITV OF SCHERTZ, TEXAS PROVIDING THAT THE UNIFIED DEVELOPMENT CODE, ORDINANCE NO. 96-S-28, CITV OF SCHERTZ, TEXAS BE AMENDED BV REVISING ARTICLE VII, SPECIAL DISTRICTS, SECTION 2, ROV RICHARD DRIVE/FM 3009 OVERLA V DISTRICT AND SECTION 3, SCHERTZ PARKWAV DISTRICT; AND PROVIDING A REPEALING CLAUSE. Mayor Baldwin asked for a motion. Mrs. Jarman moved to approve the first reading of an ordinance revising Article VII, Special Districts, Section 2, Roy Richard Drive/FM 3009 and Schertz Parkway overlay districts dealing with bandit signs. Ms. Agee seconded the motion. Mr. Williams inquired who would enforce this and Mr. Sweatt stated it would primarily be the Inspection Department. Mr. Williams asked if they would be working on weekends, to which Mr. Sweatt replied we will try to stagger their hours so that they will periodically work on weekends but not necessarily every weekend. We will ask the police service to help observe and report violations. . Mayor Baldwin called for a vote, which carried as follows: AYES: Councilmembers Jarman, Potempa, Agee, Williams and Greenwald. NAYS: None #7 ORDINANCE: Consider and take action on emergency reading of Ordinance regarding annexation plan. Mr. Sweatt stated we have reviewed provisions of Senate Bill 89 with the Texas Municipal League, city attorney's office and other advisors and we are of the opinion the City Council would be best advised to consider adopting the ordinance that essentially states our intentions are to annex only property or areas that are otherwise exempted from the annexation plan requirements of SB 89. We believe the majority of our annexation within the immediate future will be those of areas which are otherwise exempt from the requirement to be included in the three-year plan. However, as we continue planning on this issue, if it is not the case, we could always amend the ordinance or adopt a future ordinance and place certain items within the three-year plan. 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Mayor Baldwin introduced a Resolution and read the caption as follows: RESOLUTION NO. 99-R-20 BV THE CITV COUNCIL OF THE CITV OF SCHERTZ, TEXAS SUPPORTING RAILWATCH AND ITS EFFORTS REGARDING RAILROAD SAFETY. Mr. Greenwald moved Council approve the Resolution in support of RailWatch. Mrs. Jarman seconded the motion. Which carried with the following vote: . AYES: Councilmembers Jarman, Potempa, Agee, Williams and Greenwald. NAYS: None #11 CITV MANAGER'S REPORT . Reminded Council of the Firemen's Christmas party tonight. . Suggested Council favorably consider canceling the workshop of December 29th as there are no pressing items to discuss. #12 ITEMS BV COUNCIL Mrs. Jarman . Reminded Council of the January 4th reception for Ruth Teinor at 6:30. . Asked that special thanks to go to animal control officer Sharon Rivette for her help on Sunday. We took three dogs to the adoption at PetsMart and she was extremely helpful. Mr. Potempa . . Just wanted to wish everyone a Merry Christmas from his family. -66- . Ms. Aaee Merry Christmas! Mr. Williams . Wished to publicly thank the three emergency services personnel in the audience and their personnel for their outstanding service this year. From personal experience last week on a 9-1-1 call for a neighbor, people were there immediately and took care of her. Mr. Greenwald . Noted the gentlemen is out there trying to work the streets (repairs) but is not having much success with the weather and other conditions. #13 ITEMS BV MAVOR . Wished Will Holford (reporter) all the best in Odessa and in his upcoming marriage. . · Wished everyone a Merry Christmas and Happy New Year from him and Barbara. The regular session was adjourned at 7:32 p.m. #14 EXECUTIVE SESSION: Called under Chapter 551 Texas Government Code, Sub-Section 551.074, Personnel Matters -to deliberate the appointment, employment, evaluation, etc. of employee. Mayor Baldwin called the regular meeting back to order at 7:50 p.m. #16 Action, if any required, on above Executive Session Mrs. Jarman moved Council appoint Stacy Padgett as associate judge with assignment of administrative and supervisory duties. Mr. Potempa seconded the motion, which carried with the following votes: AYES: Councilmembers Jarman, Potempa, Agee, Williams and Greenwald. NAYS: None #16 ADJOURNMENT: Having no further business to discuss, Mayor Baldwin adjourned the meeting at 7:52 p.m. . -67= . ATTEST: ,t)d~.w~ Deputy City Secretary, City of Schertz . . -68- Mayor, City of Schertz, Texas