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04-03-2007-Regular MINUTES REGULAR SESSION April 3, 2007 The Schertz City Council convened in Regular Session on Tuesday, April 3, 2007 at 6:30 p.m. in the Municipal Complex Council Chambers, 1400 Schertz Parkway, Building #4, Schertz, Texas. The following members were present: Mayor Hal Baldwin presiding, Mayor Pro Tern Jim Fowler, Councilmembers David L. Scagliola, 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 and City Attorney Michael Spain. Other staff included George Antuna, Executive Director Economic Development, and Steven White Economic Development staffer. #1 CALL TO ORDER. Mayor Baldwin called the meeting to order at 6:30 p.m. #2 PLEDGES OF ALLEGIANCE TO THE UNITED STATES AND STATE OF TEXAS. Both pledges were recited. #3 INTRODUCTION OF NEW EMPLOYEES: Inspection Department Debbie Perrone, Administrative Assistant, introduced Lesa Woods, the new Inspection Clerk. #4 PROCLAMATION: "Child Abuse Prevention Month". Mayor Baldwin read the proclamation for "Child Abuse Prevention Month". Councilmember Agee accepted the proclamation for the Guadalupe County Children's Advocacy Center. Mayor Pro Tern Fowler read a proclamation to honor Hal and Barbara Baldwin on their 50th Anniversary and proclaimed April 6, 2007 as "Hal and Barbara Baldwin Day". Mayor Baldwin thanked everyone for the support all these years as resident of the City. He wouldn't want to be anywhere else but in Schertz. #5 HEARING OF RESIDENTS. Frances Rushing, Chamber President, announced the "Meet the Candidates" forum, monthly mixer and monthly luncheon. The program for the Chamber monthly luncheon is "Salute to the Military". Ms. Rushing invited everyone to attend this special monthly luncheon. Regular Session- 4-3-07 151 Carl Douglas. 2550 Woodland Village, congratulated the city leaders on being pro-active and resolving problems economically. Mr. Douglas said the Library Advisory Board saw the preliminary drawings for the library at their last meeting and he requested a briefmg from Council about his concerns on the placement of the facility, future expansion, and traffic and safety issues. David Richmond, 2921 Bent Tree Drive, said recent heavy rains are causing continual drainage problems in the Green Shire Subdivision green belt. He asked the City for any assistance to correcting the problems. Mayor Baldwin opened the public hearing at 6:50 p.m. #6 PUBLIC HEARINGS: A) Hold a public hearing upon a request to zone 5.13+acres from Pre- Development District (PD) to Neighborhood Services (NS), 3.68+ acres is out of the Rafael Garza Survey, Abstract No. 138, and 1.45+ acres is out of James W. Gray Survey, Abstract No. 144, Guadalupe county, Schertz, Texas. The property is generally located at the southwest corner of Portage Lane and Country Club Boulevard. Owner/Applicant: Todd Burek Mr. Taylor, City Manager said Items 6 A&B were requested to be pulled from the public hearing. B) Hold a public hearing upon a request to zone 37.029+ acres from Pre- Development District (PD) to General Business (GB). The tract is situated out of the Toribio Herrera Survey No. 68, Guadalupe County, Schertz, Texas. The property is generally located at the southeast corner of FM 1518 and Maske Road. Owners: Malford and wife Rosemarie Ackermann, Nelda L. Harborth, Hugo W. Ackermann, Jr. and Howard A. Ackermann. C) Hold a public hearing upon a request for Specific Use Permit of Block 2, Lot 26, in the Windy Meadows Subdivision. The proposed commercial lot is within the Air Installation Compatible Use Zone (AICUZ). The 1.00+ acre tract is zoned General Business (GB). The tract is located approximately 392 feet east of the intersection of FM 1418 on Windy Meadow Drive. Owner/Applicant: Warren Dale Elam, Elam Industries. Chris Gabbard, Planner I, said the Planning and Zoning Commission voted unanimously to approve. The request is for a spec builder in the AICUZ. Ms. Gabbard said there was an error in the ordinance and will be corrected before the fmal reading. Earl Hartzog, 3700 Whitefield Square, spoke in favor ofthe request. Regular Session 4-3-07 152 D) ORDINANCE: Discussion and action on a fIrst reading of an ordinance amending the Unified Development Code (UDC) Ordinance 96-S-28 by granting a Specific Use Permit for 1.00+ acres out of the Toribio Herrera Survey Abstract No. 153, Guadalupe County, Schertz, Texas for Commercial Use in the Air Installation Compatible Use Zone (AICUZ), (APZ-l); providing an effective date; and providing a repealing clause. Councilmember Carpenter made a motion, seconded by Councilmember Agee, to approve first reading of an ordinance amending the Unified Development Code (UDC) Ordinance 96-S-28 by granting a Specific Use Permit for 1.00+ acres out of the Toribio Herrera Survey Abstract No. 153, Guadalupe County, Schertz, Texas for Commercial Use in the Air Installation Compatible Use Zone (AICUZ), (APZ-l); 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. E) Hold a public hearing upon a request for Specific Use Permit of Block 1, Lot 28, in the Schertz Business Park. The proposed commercial lot is within the Air Installation Compatible Use Zone (AICUZ). The .578+ acre tract is zoned General Business (GB). The tract is situated out of the Genobera Malpaz Survey No. 67 Abstract 221, Guadalupe County, Schertz, Texas. The property is located approximately 238 feet east of the intersection of FM 1518 on Commercial Place. Owner: Mike Biry. Misty Nichols, Planner II, said the Planning and Zoning Commission recommended disapproval of the specific use permit in the AICUZ because a representative of the applicant was not present to answer questions. F) ORDINANCE: Discussion and action on first reading of an ordinance for Specific Use Permit of Block 1, Lot 28, in the Schertz Business Park. The proposed commercial lot is within the Air Installation Compatible Use Zone (AICUZ). The .578+ acre tract is zoned General Business (GB). The tract is situated out of the Genobera Malpaz Survey No. 67 Abstract 221, Guadalupe County, Schertz, Texas. Councilmember Carpenter made a motion, seconded by Councilmember Scagliola, to disapprove fIrst reading of an ordinance for Specific Use Permit of Block 1, Lot 28, in the Schertz Business Park. The proposed commercial lot is within the Air Installation Compatible Use Zone (AICUZ). The .578+ acre tract is zoned General Business (GB). The tract is situated out ofthe Genobera Malpaz Survey No. 67 Abstract 221, Guadalupe County, Schertz, Texas. The motion carried 3 to 2 and the vote was: Regular Session 4-3-07 153 AYES: Councilmembers Fowler, Scagliola, and Carpenter. NAY: Councilmembers Agee, Wilenchik #7 ORDINANCE: Discussion and action on final reading of an ordinance amending the Unified Development Code (UDC) Ordinance 96-S-28 by rezoning 22.669+ acres out of the T. Herrera Survey No. 68, Abstract No. 153 in Guadalupe County, Schertz, Texas from Single-Family Residential-5 (R-5) to Single-Family Residential-7 (R-7); providing an effective date; and providing a repealing clause. Mayor Pro Tern Fowler made a motion, seconded by Councilmember Scagliola to approve the fmal reading of an ordinance amending the Unified Development Code (UDC) Ordinance 96-S-28 by rezoning 22.669+ acres out of the T. Herrera Survey No. 68, Abstract No. 153 in Guadalupe County, Schertz, Texas from Single-Family Residential-S (R-S) to Single-Family Residential-7 (R-7); 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. #8 ORDINANCE: Discussion and action on final reading of an ordinance by the City Council of the City of Schertz, Texas declaring the unopposed candidate for Place 3, Place 4 and Place 5 on Council as elected; providing that the May 12, 2007 General Municipal Election for City Councilmember Place 3, 4 and 5 shall not be held; repealing all ordinances or part of ordinances in conflict therewith; providing a savings clause; providing a severability clause; finding and determining that the meeting at which the ordinance was passed was open to the public as required by law; and providing an effective date. Councilmember Scagliola made a motion, seconded by Mayor Pro Tern Fowler, to approve the fmal reading of an ordinance by the City Council of the City of Schertz, Texas declaring the unopposed candidate for Place 3, Place 4 and Place 5 on Council as elected; providing that the May 12, 2007 General Municipal Election for City Councilmember Place 3, 4 and S shall not be held; repealing all ordinances or part of ordinances in conflict therewith; providing a savings clause; providing a severability clause; finding and determining that the meeting at which the ordinance was passed was open to the public as required by law; and providing an effective date. The motion carried 4-0-1 and the vote was: AYES: Councilmembers Fowler, Scagliola, Agee, Wilenchik. NAY: None. ABSTAIN: Councilmember Carpenter. #9 Approve Regular Session minutes of March 6,2007 and March 13, 2007. Regular Session 4-3-07 154 -~ Councilmember Wilenchik requested the minutes of March 6 and March 13 be pulled for corrected until the next meeting. #10 Items by City Manager Taylor and Staff General Announcements None. #11 Items by Council General Announcements Mayor Pro- Tm Fowler · Congratulated Mayor and Mrs. Baldwin on their 50th wedding anniversary. Councilmember Scagliola · Said he was looking forward to the joint meeting with the City of Cibolo this evenmg. Councilmember Agee · Had no comments. Councilmember Wilenchik · He had nothing to report on the Guadalupe County Commissioners Court. . There were 300 runners registered for the Doggie Dash on May 19th. Councilmember Carpenter . Announced the first meeting of the 50th Anniversary Committee on Thursday. · He requested an update from the staff on the bond projects. · He requested an agenda item for presentation in two weeks from the architect on the library project. #12 Items by Mayor · The opening ceremony for the Buffalo Valley Youth Association was held on Saturday. Individual plaques were given to 5 of the 13 founding Board of Directors of BVY A. Mayor Baldwin said the ball fields were fantastic and the kids and coaches are very pleased with the complex. #13 ADJOURNMENT Regular Session 4-3-07 155 Mayor Baldwin adjourned the meeting at 7:20 p.m. ATTEST: ~~~ &dYTok~, City Secretary Regular Session 4-3-07 156 fial Baldwib, Mayor