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02-20-2007-Regular MINUTES REGULAR SESSION FEBRUARY 20, 2007 The City of Schertz Council convened in Regular Workshop Session on Tuesday February 20, 2007 in the Municipal Complex Council Chambers at 7:00 p.m., 1400 Schertz Parkway, Building # 4, Schertz, Texas. The Following Members were present: Mayor Hal Baldwin presiding, Mayor Pro Tern Jim Fowler, Councilmembers David L. Scagliolia, Reginna Agee, Tony Wilenchik and Michael Carpenter. Also present were City Manager Don Taylor, Assistant City Managers John Bierschwale and David Harris, City Secretary Judy Tokar. #1 CALL TO ORDER. Mayor Baldwin called the meeting to order at 7:00 p.m. #2 PLEDGE OF ALLEGIANCE TO THE UNITED STATES AND STATE OF TEXAS. Both pledges were recited. #3 INTRODUCTION of Sue Basham Guadalupe County Election Administrator. Newly appointed Guadalupe County Elections Administrator Sue Basham introduced herself and discussed the upcoming May election. #4 PRESENTATION by Tony Eugenio regarding Live Oak Subdivision development. Mr. Eugenio presented his conceptual plan for the Live Oak Subdivision. Development Services Director Leonard Truitt was directed to review the plan. #5 HEARING OF RESIDENTS. Robert Brockman. 1000 Elbel Road, stated that the new City Hall sign cycles too quickly to read and asked if it could be slowed down. Frances Rushin~ of the Schertz Chamber of Commerce reminded everyone of the Chamber Luncheon on Friday, February 23rd at 12:00 noon at the Schertz Community Center. Mayor Baldwin opened the public hearing at 7:40 p.m. Regular Session 2-20-07 III #6 PUBLIC HEARINGS: #6 A) Hold a public hearing and consider and act upon a request to rezone 5.403+ acres from Garden Home Dwelling District (R-5) to Neighborhood Senrice District (NS). The tract is situated out of the Toribio Herrera Sunrey No. 68, Abstract No. 153, Guadalupe County, Schertz, Texas. The property is generally located at the intersection of Schertz Parkway and Live Oak Road. Applicant: Larry Aiken, Burkett Live Oak LTD. (c. Gabbard) Planner I Chris Gabbard reported that this item was withdrawn at the request of the applicant. #6 B) Hold a public hearing upon a request to rezone 3.00+ acres tract from Single- Family Residential District-2 (R-2) to Public Use District (PUB). The tract is situated in the T. Herrera Sunrey No. 68, Abstract No. 153, Guadalupe County, Schertz, Texas. The property is generally located approximately on- third mile west from the intersection of FM 3009 and Live Oak Road. Applicant: City of Schertz. (M. Nichols) Mayor Baldwin opened the public hearing at 8:03 p.m. Albert Pefia. 735 Live Oak Road expressed his concerns about the project including the proximity of the water tank to homes, safety issues, and property values. Mr. Taylor responded stating that he asked several real estate appraisers about the issue; they responded that water tanks do not affect property values. Robert Brockman. 1000 Elbel Road, asked about the height of structure. Assistant City Engineer Larry Dublin said the tank would be 148 feet in height and the structure's base would be 90 feet from the property line. He added that it would cost an additional $1 million to move the structure to another location. Mayor Baldwin closed the public hearing at 8:05 p.m. and with the consent of the Council moved to item #7 for discussion and action. #7 ORDINANCE: Discussion and action on the first reading of an ordinance by the City Council of the City of Schertz amending the Unified Development Code (UDC) Ordinance 96-S-28 by rezoning 3.00+ acres out of the T. Herrera Sunrey No. 68, Abstract No. 153, in Guadalupe County, Schertz, Texas from Single-Family Residential District-2 (R-2) to Public Use District (PUB); providing an effective date; and providing a repealing clause. Councilmember Carpenter made a motion, seconded by Councilmember Agee to approve the fIrst reading of an ordinance by the City Council of the City of Schertz amending the UnifIed Development Code (UDC) Ordinance 96-S-28 by rezoning 3.00+ acres out ofthe T. Herrera Survey No. 68, Abstract No. 153, in Guadalupe County, Schertz, Texas from Single-Family Residential District-2 (R-2) to Public Use District (PUB); providing an Regular Session 2-20-07 112 effective date; and providing a repealing clause. The motion carried 5 to 0 and the vote was: AYES: Councilmembers Fowler, Scagliola, Agee, Wilenchik, and Carpenter NAY: None #6 C) Hold a public hearing upon a request to rezone 0.475+ acres tract from Pre- Development District (PD) to Public Use District (PUB). The tract is situated out of the James Gray Sunrey No. 255, Abstract Number 144, Guadalupe County, Schertz, Texas. The property is generally located at the southwest intersection of Scenic Link and Columbia. Applicant: City of Schertz (M. Nichols) Planner II Misty Nichols reported the Planning and Zoning recommends approval. Mayor Baldwin opened the public hearing at 8:06 p.m. Mayor Baldwin closed the public hearing at 8:06 p.m. and with the consent of the Council moved to item #8 for discussion and action. #8 ORDINANCE: Discussion and action on the first reading of an ordinance by the City Council of the City of Schertz amending the Unified Development Code (UDC) Ordinance 96-S-28 by rezoning 0.475+ acres out of the James Gray Sunrey No. 225, Abstract No. 144, in Guadalupe County, Schertz, Texas from Pre-Development District (PD) to Public Use District (PUB); providing an effective date; and providing a repealing clause. Councilmember Carpenter made a motion, seconded by Councilmember Fowler to approve the fIrst reading of an ordinance by the City Council of the City of Schertz amending the Unified Development Code (UDC) Ordinance 96-S-28 by rezoning 0.475+ acres out of the James Gray Survey No. 225, Abstract No. 144, in Guadalupe County, Schertz, Texas from Pre-Development District (PD) to Public Use District (PUB); providing an effective date; and providing a repealing clause. The motion carried 5 to 0 and the vote was: AYES: Councilmembers Fowler, Scagliola, Agee, Wilenchik, and Carpenter NAY: None #6 D) Hold a public hearing upon a request to rezone 89.298+ acres from General Business District (GB) and Pre-Development (PD) to General Business District-2 (GB2). The tract is situated out of the Rafael Garza Sunrey Number 98, Abstract 175, Comal County, Schertz, Texas. The property .is generally located at IH-35 Southbound access road at Hubertus Road. Applicant: IH-35 Hubertus Investments. (c. Gabbard) Regular Session 2-20-07 113 Planner I Chris Gabbard reported that the Planning and Zoning Commission recommends approval. Mayor Baldwin opened the public hearing at 8: 1 0 p.m. Emilie Gregory stated her concerns about the rezoning of the property. Mayor Baldwin closed the public hearing at 8: 14 p.m. and with the consent of the Council moved to item #9 for discussion and action. #9 ORDINANCE: Discussion and action on the first reading of an ordinance by the City Council of the City of Schertz amending the Unified Development Code (UDC) Ordinance 96-S-28 by rezoning 89.298+ acres out of the Rafael Garza Sunrey Number 98, Abstract 175, in Comal County, Schertz, Texas from General Business District (GB) and Pre-Development (PD) to General Business District - 2; providing an effective date; and providing a repealing clause. Councilmember Carpenter made a motion, seconded by Councilmember Fowler to approve the fIrst reading of an ordinance by the City Council of the City of Schertz amending the UnifIed Development Code (UDC) Ordinance 96-S-28 by rezoning 89.298+ acres out of the Rafael Garza Survey Number 98, Abstract 175, in Comal County, Schertz, Texas from General Business District (GB) and Pre-Development (PD) to General Business District - 2; providing an effective date; and providing a repealing clause. The motion carried 5 to 0 and the vote was: AYES: Councilmembers Fowler, Scagliola, Agee, Wilenchik, and Carpenter NAY: None #6 E) Hold a public hearing upon a request to rezone a 209.71+ acres tract from Manufacturing District-Light (M-l) and General Business District (GB) to Planned Unit Development (PUD). The tract is situated out of the T. Herrera Sunrey Number 68, Abstract No. 153, Guadalupe and Comal County, Schertz, Texas. The property is generally located on IH-35 Southbound Access Road to Schertz Parkway. Applicant: Mid-Cities 35 Partnership, Ltd. (M. Nichols) Planner II Misty Nichols reported that the Planning and Zoning Commission recommends approval. Mayor Baldwin opened the public hearing at 8:20 p.m. Development representatives Robert Hunt and Steve Drenner made a brief presentation and answered questions about the project. They added this would be the first commercial Planned Unit Development in the City, which will allow the developers more flexibility in the site planning as well as be able to provide a higher quality product. The lots Regular Session 2-20-07 114 .~ fronting IH-35 will be zoned for business while the back part of the property will be zoned for manufacturing. Assistant City Manager John Bierschwale said that part of the cost of the drainage project would be covered by the City of Selma. That City also agreed to de-annex Lookout Road which will be renamed Exchange Parkway and tie in with the intersection of Schertz Parkway and 1-35. Mayor Baldwin closed the public hearing at 8:35 p.m. and with the consent of the Council moved to item #10 for discussion and action. #10 ORDINANCE: Discussion and action on the first reading of an ordinance by the City Council of the City of Schertz, Texas amending the Unified Development Code (UDC) Ordinance 96-S-28 by rezoning 127.25, 68.21j:, and 14.25:t acres out of the Toribio Herrera Sunrey No. 68, Abstract No. 153, Guadalupe and Comal County, Texas from Manufacture District-Light (M- 1) and General Business (GB) to Planned Unit Development District (PUD); providing an effective date; and providing a repealing clause. Councilmember Carpenter made a motion, seconded by Councilmember Wilenchik to approve the fIrst reading of an ordinance by the City Council of the City of Schertz, Texas amending the UnifIed Development Code (UDC) Ordinance 96-S-28 by rezoning 127.25, 68.2l:!:, and l4.25:!: acres out ofthe Toribio Herrera Survey No. 68, Abstract No. 153, Guadalupe and Comal County, Texas from Manufacture District-Light (M-l) and General Business (GB) to Planned Unit Development District (PUD); providing an effective date; and providing a repealing clause. The motion carried 5 to 0 and the vote was: AYES: Councilmembers Fowler, Scagliola, Agee, Wilenchik, and Carpenter NAY: None #11 Discussion and action on appeal of a decision by the Planning and Zoning Commission on February 14, 2007 regarding PC2006-111 Site Plan of the Schertz C-Store. Applicant/Owner: Jim Ramsey, PP Schertz Partners Ltd. (c. Gabbard) Planner I Chris Gabbard reported that the Planning and Zoning Commission denied the request on a 3-3 vote. Some Commissioners were concerned about the aesthetics of the gas island canopy. Councilmember Carpenter made a motion, seconded by Councilmember Agee to approve the appeal of a decision by the Planning and Zoning Commission on February 14, 2007 regarding PC2006-111 Site Plan of the Schertz C-Store. The motion carried 5 to 0 and the vote was: Regular Session 2-20-07 115 AYES: Councilmembers Fowler, Scagliola, Agee, Wilenchik, and Carpenter NAY: None #12 CONSENT AGENDA: A) ORDINANCE: Discussion and action on first reading of an ordinance by the City Council of the City of Schertz that Code of Ordinances of the City of Schertz, Texas be amended by revising Chapter 86, Section 86-41, Stop Intersections-Designated; and providing a repealing clause and providing an effective date. (Circle Oak & Spanish Oak) B) ORDINANCE: Discussion and action on first reading an ordinance by the City Council of the City of Schertz providing that the Code of Ordinances of the City of Schertz, Texas be amended by revising Chapter 86, Traffic and Motor Vehicles, Section 86-118, Maximum Limits in School Zones; and Section 86-115, Maximum Limits Generally; and providing an effective date; and providing a repealing clause. (Replace Ashley Oak Drive to Ashley Park) Ordinance No. 07-S-09 C) ORDINANCE: Discussion and action on final reading of an ordinance amending the Unified Development Code (UDC) Ordinance 96-S-28 by rezoning 15.251+ acres out of the Rafael Garza Sunrey Abstract No. 138, in Guadalupe County, Schertz, Texas from Single- Family Residential-7 (R-7) to Public Use District (PUB; providing an effective date; and providing a repealing clause. Councilmember Fowler made a motion, seconded by Councilmember Scagliola to approve the items on the Consent Agenda. The motion carried 5 to 0 and the vote was: AYES: Councilmembers Fowler, Scagliola, Agee, Wilenchik, and Carpenter NAY: None Ordinance No. 07-8-10 #13 ORDINANCE: Discussion and action on final reading of an ordinance amending the Unified Development Code (UDC) Ordinance 96-S-28 by rezoning 6.926+ acres out of the Stacy B. Lewis Sunrey No. 138, in Bexar County, Schertz, Texas from Residential/Agricultural District (R-A) to Manufacture District Light - (M-l) with certain restrictions; providing an effective date; and providing a repealing clause. Councilmember Wilenchik made a motion, seconded by Councilmember Carpenter to approve fmal reading of an ordinance amending the UnifIed Development Code (UDC) Ordinance 96-S-28 by rezoning 6.926+ acres out of the Stacy B. Lewis Survey No. 138, r- Regular Session 2-20-07 116 in Bexar County, Schertz, Texas from ResidentiaVAgricultural District (R-A) to Manufacture District Light - (M-l) with certain restrictions; providing an effective date; and providing a repealing clause. The motion carried 5 to 0 and the vote was: AYES: Councilmembers Fowler, Scagliola, Agee, Wilenchik, and Carpenter NAY: None #14 Discussion and action to appoint Nicki J. Stohr on the Schertz Youth Commission. Councilmember Scagliola made a motion, seconded by Councilmember Wilenchik to appoint Niki J. Stohr to the Schertz Youth Commission as an advisor. The motion carried 5 to 0 and the vote was: A YES: Councilmembers Fowler, Scagliola, Agee, Wilenchik, and Carpenter NAY: None #15 Discussion and action on appointments to the Schertz 50th Anniversary Committee. (M. Carpenter) Councilmember Carpenter made a motion, seconded by Councilmember Wilenchik to appoint Melba Smith, Debbie Krause, Kristine McGann and Vallery Mallard to the Schertz 50th Anniversary Committee. The motion carried 5 to 0 and the vote was: AYES: Councilmembers Fowler, Scagliola, Agee, Wilenchik, and Carpenter NAY: None #16 Discussion and action on approving the EMS Write Off's. (D. Wait) Councilmember Carpenter made a motion, seconded by Councilmember Wilenchik to approve writing off $257,099.29 of past-due EMS bills. The motion carried 5 to 0 and the vote was: AYES: Councilmembers Fowler, Scagliola, Agee, Wilenchik, and Carpenter NAY: None #17 Items by City Manager Taylor and Staff General Announcements Mr. Taylor and others will be in Austin on February 21 as part of the Northeast Partnership trip to meet and talk with state Senators and Legislators. He added that the a small group from the City will be going to tour the Schertz-Seguin Local Government Corporation well sites either on February 28 or March 1. Mr. Wilenchik was asked to be the liaison for the Schertz Chamber of Commerce, a formal request is being sent from the Chamber. Regular Session 2-20-07 117 #18 Items by Council General Announcements Mayor Pro-tem Fowler · Received a call from Sandy Goodwich about speeding cars on Rolling Brook and Windy Brook. Mr. Taylor responded motorcycle officers visibility would be increased. It would be forwarded to TSAC. Councilmember Scagliola · Visited with the seniors and they appreciate the hot water. · Commented the new sign message go to fast and hard to read. Mr. Taylor responded they were working on it. Councilmember Agee · No comment. Councilmember Wilenchik · Distributed new street map printed by Schertz Chamber of Commerce · Requested sign ordinance as a discussion item. Councilmember Carpenter · Commented about public hearing and act upon #19 Items by Mayor · Asked if all the liaison assignment were correct. #20 ADJOURNMENT The meeting adjourned at 9:20 p.m. ATTEST: alk~ (!f1y To~, City Secretary Regular Session 2-20-07 118