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06-17-2008MINUTES REGULAR MEETING June 17, 2008 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on June 17, at 6:30 p.m., in the Municipal Complex Council Chambers, 1400 Schertz Parkway, Building #4, Schertz, Texas. The following members present, to -wit: Mayor Pro -Tem John Trayhan Council Member David Scagliola Council Member Michael Carpenter Council Member Jim Fowler Council Member Tony Wilenchik Staff Present: Assistant City Manager John Bierschwale Assistant City Manager David Harris City Secretary Brenda Dennis Mayor Hal Baldwin was absent. CALL TO ORDER REGULAR MEETING Mayor Pro -Tem Trayhan called the meeting to order at 6:30 p.m. INVOCATION AND PLEDGES OF ALLEGIANCE TO THE FLAGS OF THE UNITED STATES AND STATE OF TEXAS. Council Member Fowler gave the Invocation followed by the Pledges of Allegiance to the Flags of the United States and State of Texas. HEARING OF RESIDENTS Mayor Pro -Tem Trayhan recognized the following: Frances Rushing, Schertz Chamber of Commerce President who reminded everyone of the upcoming monthly meeting set for June 27, 2008 at the Civic Center. Jan Wilson, 5218 Cabana Drive, who spoke on concerns of the Schertz Jubilee Therese Soares, 2716 Two Courts Way, who also spoke on concerns of the Schertz Jubilee ANNOUNCEMENTS Council General Announcements: Mayor Pro -Tem Trayhan • None. Council Member Fowler • None. Council Member Scagliola • Stated that he spent a wonderful Fathers Day in Connecticut. City Council Regular Meeting 196 June 17, 2008 Council Member Wilenchik • Stated he would be leaving Thursday, June 19, 2008 to attend the TML Board of Directors meeting in Rockport. Council Member Carpenter • None. Council Member Carpenter arrived at 6:45 p.m. Mayor Pro -Tem Trayhan presided over the meeting in the absence of the Mayor and did not vote on any items. REGULAR AGENDA 1. Minutes - Consideration and /or action regarding the approval of the minutes of the Regular Meeting of June 10, 2008. Mayor Pro -Tem Trayhan recognized Council Member Scagliola who moved, seconded by Council Member Fowler to approve the minutes of June 10, 2008. Vote was unanimous Motion Carried 2. Contract — Consideration and /or action approving a contract with the City of Schertz and the Schertz Chamber of Commerce to operate the July 4ffi Jubilee Celebration. (D. Taylor/F. Rushing) Mayor Pro -Tem Trayhan recognized Chamber President Francis Rushing who introduced this item answering questions from Council. Council discussed the issue of allowing food and coolers into the park area. Assistant City Manager Bierschwale stated that this was nothing new to this celebration that the only difference in this year and the past years is that a fence is being put up for better control; food and drink were not allowed before. Council and staff also discussed that there will be several gates for citizens to go out of, that they can come and go and use adjacent park areas for their family picnics. Council discussed the parking issues for citizens, staff stated there would be better control for parking, safety issues etc. Parking will be controlled by the Police department. Mayor Pro -Tem Trayhan recognized Council Member Scagliola who moved, seconded by Council Member Carpenter to approve the contract with the City of Schertz and the Schertz Chamber of Commerce with the change to XII "that the City will provide tables and chairs ". Vote was unanimous. Motion Carried 3. Resolution No. 08 -R -32 — Consideration and /or action approving a resolution designating particular areas, dates and times for which alcoholic beverages may be brought into or removed from Pickrell Park and authorizing the extension of park hours, extension of noise hours and other motorized vehicles in particular park areas. (F. Rushing) City Council Regular Meeting 197 June 17, 2008 Mayor Pro -Tem Trayhan recognized Chamber President Francis Rushing who introduced this item answering questions from Council. Again, there was discussion on the issues of allowing citizens to bring in food and drink. Mayor Pro-Tern Trayhan recognized Council Member Carpenter who moved, seconded by Council Member Scagliola to approve Resolution No. 08 -R -31 with change to paragraph three to read Section 58.2, and in paragraph four take the word "not" out and change "Exhibit A" the map to include the fence line from the corner of Aero to FM1518 to the corner of FM1518 to Oak Street, to the corner of Oak Street and Aero and back to the corner of Aero and FM1518. Vote was 3 -1 -0 with Council Member Fowler voting no because of the issues of not allowing food or drinks into the park area. Motion Carried 4. Resolution No. 08 -R -27 — Consideration and /or action approving an Intergovernmental Agreement for On -Site Sewage Facilities Regulations with Comal County. (D. Harris /J. Bierschwale) This item was postponed at the 6 -10 -08 Council meeting. Mayor Pro-Tern Trayhan recognized City Assistant City Manager John Bierschwale who introduced this item answering questions from Council. Mayor Pro-Tern Trayhan recognized Council Member Fowler who moved, seconded by Council Member Carpenter to approve Resolution No. 08 -R -27. Vote was unanimous. Motion Carried PUBLIC HEARINGS AND ORDI_NANCE APPROVAL 5. Ordinance No. 08 -S -30 - ZC 2008 -005 Valvoline Subdivision — Conduct a public hearing and consideration and /or action upon a request to rezone 1.38 + /- acres of land out of the T. Herrera Survey No. 68, Abstract No. 153, City of Schertz, Guadalupe County, Texas being Lot 1, Block 1 of the Valvoline Subdivision and Lot 1, Block 1 of the FM3009 Laserwash Subdivision from Office Professional District (OP) to General Business District (GB). The property is on the west side of FM3009 (Roy Richard Drive) located approximately 229 feet south of Savannah Drive. First Reading (T. Rhodes/M. Nichols) Public Hearing was left opened from the 6 -10 -08 Council Meeting. Mayor Pro -Tem Trayhan recognized Planning Manager Thomas Rhodes who introduced this item answering questions from Council. Mr. Rhodes stated that the Planning and Zoning Commission closed their public hearing and postponed recommendation of this item to the June 25, 2008 meeting. The Commissioners asked staff to bring forward a proposal for a Planned Unit Development (PUD) zoning district that includes all Office Professional Permitted Uses including the addition of uses for Automotive Repair, Minor and Car Wash, self serve. This property was originally developed in 2000 and 2002. It appears that the development of this property was permitted in violation of the Unified Development Code (UDC) and the Zoning Map. Upon completion of this development, the use of these properties became a legal non - conforming use. The purpose of this zoning change request is to bring the property into conformance with the UDC and Zoning Map. This request is consistent with the Future Land Use Plan which indicates this area is intended for commercial use. City Council Regular Meeting 198 June 17, 2008 The City Council may approve the request or amend either as requested, or in the form of a more restrictive district, and subject to such appropriate conditions as are allowed by law. Such approval of any request for text amendment to the UDC or zoning change and map amendment shall be granted only if the Council determines that the request or amendment is consistent with the Comprehensive Plan and the purposes of the UDC. In the event the request or amendment concerns a text amendment to the UDC or a zoning change and map amendment, the Council shall amend the UDC or the official Zoning Map, whichever is applicable. At the June 11, 2008 Planning and Zoning Commission, after discussion regarding the concerns of zoning this property to General Business (GB) and the intent to protect the FM3009 right -of -way from General Business type uses, the Commissioners directed staff to draft an ordinance for a Planned Unit Development that would allow all the current permitted uses within the Office Professional zoning district and add the permitted uses of automobile repair, minor and car wash, self service. He stated that the Planning and Zoning Commission also recommended that the City Council postpone action to the July 1, 2008 City Council meeting. Mayor Pro -Tem Trayhan opened the continued public hearing and recognized the following: Robert Brockman, 1000 Elbel Road and David Richmond, Chair of the Planning and Zoning Commission. As no one else spoke, Mayor Pro -Tem Trayhan closed the public hearing, stating that it was recommended to Council that they postpone any action until the Planning and Zoning Commission brought back a recommendation to the Council at the July 1, 2008 meeting. Council Members discussed with the City Attorney and Mr. Rhodes the possible need of re- advertising the public hearing. After considerable discussion, it was the consensus of the Council to republish for a public hearing in which the Council would hold final reading on July 8, 2008. City Attorney provided his opinion regarding areas in which the Planning and Zoning Commission and Council could avoid the problem in the future. After considerable discussion regarding this issue of GB and PUD, Mayor Pro -Tem Trayhan recognized Council Member Carpenter who moved, seconded by Council Member Wilenchik to postpone action to the July 1, 2008 City Council meeting and republish for a public hearing for PUD and final reading on July 8, 2008. mote was unanimous. Motion Carried ANNOUNCEMENTS — CITY MANAGER AND STAFF • General Announcements on meetings /events attended and upcoming events Assistant City Manager Bierschwale stated that EMS will be holding an exercise with the Randolph Air Force Base in Universal City on June 18, 2008. He also reminded everyone of the employee picnic on Sunday. Council discussed and concurred that two items be placed on next week's agenda: 1) the proposed charter amendments and 2) appointment of the Mayor Pro -Tem. EXECUTIVE SESSION City Council Regular Meeting 199. June 17, 2008 Called under Section 551.071 Litigation, pending litigation; Section 551.072 Texas Government Code - Deliberation regarding the purchase, exchange, sale, lease, or value of real property. City Council did not meet in Executive Session. 6. Take any additional action deemed necessary as a result of the Executive Session. No action taken. ADJOURNMENT As there was no further action, Mayor Pro -Tern Trayhan adjourned the meeting at 7 :46 p.m. hn Trayhan, M yor Pro -Tem ATTEST: Brenda Dennis, TRMC, CMC City Secretary City Council Regular Meeting 200 June 17, 2008