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12-18-2007 MINUTES REGULAR SESSION DECEMBER 18, 2007 The Schertz City Council convened in Regular Session on Tuesday, December 18, 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 Pro-Tern John Trayhan presiding, and Councilmembers David Scagliola, Jim Fowler, Tony Wilenchik and Michael Carpenter. Also present were: City Manager Don Taylor, Assistant City Manager David Harris, City Attorney Michael Spain, and Interim City Secretary Mary Ybarra. #1 CALL TO ORDER. Mayor Pro-Tern Trayhan called the meeting to order at 6:30 p.m. #2 PLEDGES OF ALLEGIANCE TO THE FLAGS OF THE UNITED STATES AND ST ATE OF TEXAS. Both pledges were recited. #3 HEARING OF RESIDENTS. No residents signed up to speak. #4 Items by Council General Announcements Mayor Pro-Tern Trayhan . None Council member Fowler . Looked at the Lacks site; will be operational by June 08. . Also looked at Lookout Road-there is lots going on in the City. Councilmember Scagliola . Thanked all staff members who were involved in making the City Christmas party a huge success. Councilmember Wilenchik . Just left the Chamber of Commerce meeting where the budget was discussed; also, Dixie Bane resigned from the board because she is moving part of her business to Cibolo. . The Chamber would like to be invoiced for their rent by the end of December so they can pay their rent before the end of the year. City Council Regular Meeting December 18, 2007 59 . Attended the Board of Adjustments meeting last night. Debbie Perrone represented the staff because Leonard Truitt was absent. They are working on the by-laws and will have them ready for City Council's review in February. BOA discussed and acted upon a variance for carport in the Green Valley subdivision. The vote was 3-2, which rendered the item disapproved. P&Z Commissioner Summers believes that this type of change should be addressed in the UDC instead of a variance. Another variance for an easement encroachment was approved 4-1. Councilmember Carpenter . Attended the P&Z meeting where they are addressing sign ordinance issues that they would like to address with Council. #5 Items by Mayor The Mayor was not present for the meeting. #6 INTRODUCTIONS: New city employees in the Police and Animal Control Department. Chief Starr introduced and read short biographies on new Police Officers Armand M. Bonvicino, Johnny Cumpian, III and Gary W. Horejsi, Jr. Animal Control employees did not show up for the meeting. #7 PUBLIC HEARING: Hold first public hearing on proposed annexation of 5.062 acre tract of land located in Guadalupe and Comal County and being out of the Torribio Herrera Survey No. 68, Abstract No. 153 in Guadalupe County and Abstract No. 205 in Comal County, Texas and the Vicente Micheli Survey No. 114, Abstract No. 383 in Comal County, Texas being the location of Lookout Road. (T. Rhodes) Mayor Pro Tern Trayhan opened the public hearing at 6:42 p.m. Mr. Thomas Rhodes introduced the proposed annexation prior to the public hearing. Mr. Robert Brockman asked ifthere was a slide on the proposed annexation. Mr. Rhodes put the slide up on the screen for the audience. The public hearing was closed at 6:43 p.m. #8 PUBLIC HEARING: Hold a public hearing on a request for a Specific Use Permit for 7.79 i: acres of land out of the Calvin B. Abbott Survey Number 262, Abstract 18, generally located 1,300 feet east of the intersection of FM- 482 and IH-35 South. The purpose of Specific Use Permit is to authorize a new and unlisted use in accordance with the Unified Development Code Article IV, Permitted Uses, Section 4. The proposed use is for a heavy City Council Regular Meeting December18,2007 60 equipment rental and sales establishment in the General Business District (GB). (M. Nichols) Mayor Pro Tern Trayhan opened the public hearing at 6:44 p.m. Misty Nichols introduced the item for the Specific Use Permit. There were no public comments. The public hearing was closed at 6:45 p.m. #9 PUBLIC HEARING: Hold a public hearing on an amendment to the text of Article XI, Platting, Section 32, Parks and Recreation areas, of the Unified Development Code of the City providing for land dedication requirements and fee-in-lieu of land dedication requirements. (T. Rhodes) Mayor Pro-Tern Trayhan opened the public hearing at 6:46 p.m. Thomas Rhodes introduced the item. There were no public comments. The public hearing was closed at 6:47 p.m. ACTION ITEMS: #10 ORDINANCE: Discussion and action first reading of an ordinance amending the Unified Development Code (UDC) Ordinance 96-S-28, as amended by granting a Specific Use Permit for 7.79 i: acres of land out of the Calvin B. Abbott Survey Number 262, Abstract 18, Comal County, Texas authorizing a heavy equipment sales and rental establishment as a new and unlisted use; providing an effective date; and providing a repealing clause. (M. Nichols) After some questions from City Council members regarding the tenant and use of this establishment, Amy Madison, consultant, and Misty Nichols, staff member, offered answers specific to this ordinance and property. A motion was made by Councilmember Carpenter, seconded by Councilmember Wilenchik, to approve an ordinance granting a Specific Use Permit for 7.79 i: acres of land out of the Calvin B. Abbott Survey Number 262, Abstract l8, Comal County, Texas authorizing a heavy equipment sales and rental establishment as a new and unlisted use. The motion carried 5-0 and the vote was as follows: AYES: Councilmembers Fowler, Scagliola, Trayhan, Wilenchik and Carpenter. NA YES: None. #11 ORDINANCE: Discussion and action on first reading of an ordinance amending the Unified Development Code (UDC) Ordinance 96-8-28 by amending Article XI (Platting), sections 32.3, 32.4, 32.9.2 and 32.9.3, Park City Council Regular Meeting December 18,2007 61 and Recreation areas; providing an effective date; and providing a repealing clause. (T . Rhodes) Councilmember Fowler opened with some comments and concerns about this ordinance. Mr. Thomas Rhodes offered an explanation of the changes reflected in the concerns that Councilmember Fowler had. Mr. Michael Spain additionally offered an explanation for the tracking of revenues placed into the park fund by developers. Councilmember Wilenchik added that he too had the same concerns and asked for clarification on the point of either paying into the fund or dedicating land. Mr. Rhodes agreed to change the language in the Ordinance to reflect Council's concerns; he also added that the fee schedule will be attached at the last reading. Councilmember Wilenchik suggested that Council forego the second meeting look at this ordinance because of the missed meetings for the holidays. All Councilmembers agreed. A motion was made by Councilmember Carpenter, seconded by Councilmember Scagliola, to approve an ordinance amending the Unified Development Code (UDC) Ordinance 96-S-28 by amending Article XI (Platting), sections 32.3, 32.4, 32.9.2 and 32.9.3, Park and Recreation areas. The motion carried 5-0 and the vote was as follows: AYES: Councilmembers Fowler, Scagliola, Trayhan, Wilenchik and Carpenter. NA YES: None. #12 Discussion and action on the possible removal of a Parks Board member. (T. Wilenchik) A motion was made by Councilmember Wilenchik, seconded by Councilmember Fowler, to approve the resignation of Glenn Berquist, Parks Board member. The motion carried 5-0 and the vote was as follows: AYES: Councilmembers Fowler, Scagliola, Trayhan, Wilenchik and Carpenter. NA YES: None. #13 Discussion and action on a proposed agreement with the Miss Schertz Sweetheart Court Corporation and the use of City-owned property. (D. Taylor) Mr. Taylor explained that the Mayor asked him to get with the Miss Sweethearts Court and work out an agreement on the use of City property. Of particular interest is the float which the City owns and stores. Mr. Taylor agrees that since they spread goodwill on behalf ofthe City, they should be able to use the float. In addition, they require the use of the Civic Center. A motion was made by Councilmember Scagliola, seconded by Councilmember Fowler, to authorize the City Manager to negotiate and enter into a memorandum of agreement or memorandum of understanding to provide formal recognition by and for the City with the Miss Sweethearts Court Corporation on related matters. City Council Regular Meeting December 18, 2007 62 In discussion, Mr. Carpenter added that two years ago City Council passed an ordinance including a non-profit corporation fee schedule for use of the City facilities. He added that we should not set aside our ordinance to entertain anyone non-profit organization. Mr. Taylor offered to help the Miss Sweethearts Corporation raise the money to rent the Civic Center. The motion carried 4-1 and the vote was as follows: AYES: Councilmembers Fowler, Scagliola, Trayhan, and Carpenter. NA YES: Councilmember Wilenchik. #14 RESOLUTION: Discussion and action on a resolution by the City Council of the City of Schertz, Texas authorizing an interlocal agreement with Guadalupe County; and other matters in connection therewith. (J. Bierschwale) Assistant City Manager David Harris introduced the item and asked for City Council's approval. RESOLUTION NO. 07-R-56 A Resolution by the City Council of the City of Schertz, Texas authorizing an interlocal agreement with Guadalupe County; and other matters in connection therewith A motion was made by Councilmember Fowler, seconded by Councilmember Scagliola, to approve a resolution by the City Council of the City of Schertz, Texas authorizing an interlocal agreement with Guadalupe County The motion carried 5-0 and the vote was as follows: AYES: Councilmembers Fowler, Scagliola, Trayhan, Wilenchik and Carpenter. NA YES: None. #15 MINUTES: Approval of minutes, Regular Session meeting of December 11, 2007. A motion was made by Councilmember Carpenter, seconded by Councilmember Scagliola, to approve the minutes of Regular Session of December 11, 2007. The motion carried 5-0 and the vote was as follows: AYES: Councilmembers Fowler, Scagliola, Trayhan, Wilenchik and Carpenter. NAYES: None. #16 EXECUTIVE SESSION: Called under Chapter 551 Texas Government Code, Sub-Section 551.072 - Deliberation Regarding Real Property. City Council Regular Meeting December 18,2007 63 Item was not necessary and was removed from the agenda. #17 Action, if any on the subject of the above Executive Session. Not required. At this point Councilmember Carpenter requested are-consideration of Item #13. A motion was made by Councilmember Carpenter, seconded by Councilmember Wilenchik, to reconsider Item #13 for clarification. City Council requested that this item come back to them for ratification of the agreement with the Sweetheart Court Corporation after the City Manager negotiates the terms. The motion carried 5-0 and the vote was as follows: AYES: Councilmembers Fowler, Scagliola, Trayhan, Wilenchik and Carpenter. NAYES: None. #18 Items by City Manager Taylor and Staff General Announcements . Staff and employees of the City want to thank City Council for all the support they have given them this past year and wish them a Merry Christmas and Happy New Year. #19 ADJOURNMENT Mayor Pro-Tern Trayhan adjourned the meeting at 7:45 p.m. ATTEST: M~~~';;t; SecreUiry City Council Regular Meeting December 18, 2007 64