ccreg 04-04-06
MINUTES
REGULAR SESSION
APRIL 4, 2006
The Schertz City Council convened in Regular Session on Tuesday, April 4, 2006 at
7:00 p.m. in the Municipal Complex Council Chambers, 1400 Schertz Parkway
Building #4, Schertz, Texas. The following members were present: Mayor Hal
Baldwin presiding, Council Members Carl Douglas, John Trayhan, Reginna Agee,
Tony Wilenchik and Michael Carpenter, City Manager Don Taylor, Asst. City
Manager John Bierschwale, City Attorney Michael Spain and City Secretary Judy
Tokar.
#1 CALL TO ORDER.
Mayor Baldwin called the meeting to order at 7:00 p.m.
#2 HEARING OF RESIDENTS
Robert Brockman. 1000 Elbel Road, attended the Guadalupe County meeting and the
County will be continuing the bum ban. The County is having a dedication of the
renovated offices on April ih at 3:00 p.m. The County is spending $41,231.00 to
purchase time keeping machines for installation on the pc's.
Mayor Baldwin opened the public hearings at 7:04 p.m.
#3 PUBLIC HEARINGS:
A) Request for a Specific Use Permit of Lots 9-11, Block 3 in the Nell Deane
Subdivision. The 2.8229+acres tract shows 5,600 square foot of
office/warehouse facilities located in the Air Installation Compatible Use
Zone (AICUZ). The property is zoned General Business (GB).
Mr. Truitt said the Planning and Zoning Commission approved the specific use permit.
The applicant, Mr. Winkler was present but had no comment.
Robert Brockman commented Mr. Winkler was going to make this the brightest area of
the City.
Mayor Baldwin closed public hearing "A".
B) Request to rezone 52.391+ acres from Pre Development (PD) to Residential
District -6 (R-6). The tract is situated out of the F. Rodriquez Survey No. 99,
Abstract No. 484, Comal County, Schertz, Texas. The property is general
located at the southwest corner of FM 482 and Friesenhahn Lane. Applicant:
Centex Homes.
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April 4, 2006
Mr. Truitt explained Centex Homes is the applicant requesting the rezone and after
meeting with staffhave agreed to the following; realign and construct Friesenhahn Lane;
provide r-o-w and construct roadway in accordance with master thoroughfare plan;
additional buffer to lots adjacent to the railroad with noise and landscape barriers and
upgrade the waterline along FM 482. Mr. Truitt stated that Centex Homes was informed
that after discussion by staff and council regarding zoning in all areas north of IH35, the
outcome resulted in agreeing to rezone those areas to Manufacture District-Light (M-I).
Being aware of the outcome Centex Homes decided to continue with the project.
Troy Marsh developer for Centex Homes presented a concept design and gave a thorough
presentation of the project, and informed that Jeff Foster, acquisition officer is available
to answer any questions.
Denise Bentley family spoke person stated her parent's own property adjacent to the
proposed project and spoke on the following concerns; land value, limits on marketable
land, safety, and school proximity to development. She added that in her opinion the best
zoning would be residential.
Mr. David Richmond offered comments on the proposed development and notes that the
project is the first to come forward since the joint meeting between Council and P&Z. He
provided an explanation of the M-I zoning classification and inquired on the matter of
busing children to different schools.
Mr. Brockman asked how many letters were sent out to surrounding property owners? He
was told that eleven letters were sent out; one was received in favor; two replies were in
opposition and one was undeliverable.
Without further comments, Mayor Baldwin closed public hearing "BOO.
C) Request to rezone 6.256+acres from Pre Development to General Business
(GB). The tract is situated out of the G. Malpaz Survey No. 67, Abstract No.
221, Guadalupe County, Schertz, Texas. The property is generally located at
the northeast corner of FM 3009 and FM 78. Applicant: Keith Sanders, A-
OK Mini and RV Storage.
Mr. Truitt provided an account and explained the phases of development the A-OK Mini
and RV Storage has undertaken. The location of the proposed rezoning property is
directly behind the facility and the purpose for the rezoning is for expansion of the
current business. Staff and Planning and Zoning have reviewed, held public hearing, etc.,
and find the request to be in compliance with city code and forward it with a
recommendation of approval.
There being no further comments, Mayor Baldwin closed public hearing "Coo.
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April 4, 2006
D) Consider amending the City of Schertz Comprehensive Land Plan, Chapter
5 (Transportation) Figure 5.2 (Master Thoroughfare Plan). Applicant: City
of Schertz.
Mr. Truitt explained that staff upon review of the current Master Thoroughfare Plan
(approved September 2004) and Planning and Zoning conducting public hearings (a
requirement) of the current plan, resulted in fifteen (15) proposed changes. Mr. Truitt
explained the changes in detail for Council consideration. A brief discussion followed on
the changes presented to Council.
Mayor Baldwin closed the public hearing at 7:30 p.m.
#4 CONSENT AGENDA:
The following items may be acted upon in one motion. No separate discussion or
action is necessary unless requested by the Mayor or a Councilmember, in which
event those items will be pulled for separate consideration:
A. Approve minutes of workshop January 11, January 25 and March 28, and
regular meeting of February 7, 2006.
B. ORDINANCE: Final reading on an ordinance for Specific Use Permit to
allow a manufactured home on 1.12+ acres of land situated out of the Jeromino
Leal Survey No. 79, Abstract No. 424, Parcel 5C, County Block 5058, Bexar
County, Schertz, Texas. The property is generally located near Old Lower Seguin
Road and Aranda Lane. The property is zoned Residential/Agriculture (R-A).
Applicant: Michael and San Juana Starr.
C. ORDINANCE: Final reading on an ordinance to rezone 19.992+acres from
General Business (GB) and Residential District-l (R-l) to Residential District-6
(R-6). The tract is situated out of the T. Herrera No. 68 Survey, Abstract No. 153,
Guadalupe County, Schertz, Texas. The property is generally located at the
intersection of Live Oak and Maske Road. The property is referred to as Mesa
Oaks II. Applicant: Burkett Live Oak, Ltd.
D. ORDINANCE: Final reading on an ordinance to rezone 19.098+ acres from
General Business (GB) to Residential-Agriculture District (R-A). The tract is
situated out of the E. Gotari Survey No.2, Abstract No.5, Bexar County, Schertz,
Texas. The property is generally located at the southwest corner of Ware Seguin
Road and FM 1518. The property is being referred to as Schertz Forest, Unit 2.
Applicant: Schertz Forest Joint Venture
E. ORDINANCE: Final reading on an ordinance providing that the Code of
Ordinances, City of Schertz, Texas be amended by revising Section 18-76,
maximum limits on specific street, Schertz Parkway.
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April 4, 2006
F. ORDINANCE: Final reading on an ordinance providing that the Code of
Ordinances, City of Schertz, Texas be amended by revising Section 18-76,
maximum limits on specific street, Lower Seguin Road.
G. ORDINANCE: Final reading on an ordinance adopting and enacting a new
Code of Ordinances for the City of Schertz, Texas; providing for the repeal of
certain ordinances not included therein; providing for a penalty for the violation
thereof; providing for other manner of amending such code; and providing when
such code and this ordinance shall become effective.
H. Approve the Letter of Engagement for Thompson, Williams, Biediger, Kastor
and Young, L.C. for auditing services for fiscal years 2006 - 2010.
I. RESOLUTION: A resolution supporting the San Antonio River Authority's
action to facilitate the creation of the partnership for regional water development
and authorizing and directing the City Manager of the City of Schertz to take
action in support of land and the creation of the partnership on behalf of the City
of Schertz.
Item 4A:
Councilmember Carpenter asked that item 4A be removed from the consent agenda for
separate consideration.
Councilmember Wilenchik made a motion seconded by Councilmember Trayhan to
approve minutes of workshop January 11, January 25 and March 28, and regular meeting
of February 7, 2 006. The vote was as follows:
AYES: Councilmembers Douglas, Trayhan, Agee, and Wilenchik.
ABSTAINED: Councilmember Carpenter
NAY: None
At this time Consent Agenda items #4 B -I were considered.
Councilmember Wilenchik made a motion seconded by Councilmember Carpenter to
approve consent agenda items B-1 as presented. The vote was as follows:
AYES:Councilmembers Douglas, Trayhan, Wilenehik and Carpenter.
ABSTAINED: Couneilmember Agee.
NAY: None
#5 Discussion and action on a request for a Specific Use Permit of Lots 9-11,
Block 3 in the Nell Deane Subdivision. The 2.8229+acres tract shows 5,600
square foot of office/warehouse facilities located in the Air Installation
Compatible Use Zone (AICUZ). The property is zoned General Business
(GB).
Council Regnlar Meeting 156
April 4, 2006
Councilmember Trayhan made a motion seconded by Councilmember Douglas to
approve first reading of an Ordinance approving a specific use permit of lots 9-11, Block
3 in the Nell Deane Subdivision. The 2.8229+acres tract shows 5,600 square foot of
office/warehouse facilities located in the Air Installation Compatible Use Zone (AICUZ).
The vote was as follows:
AYES: Councilmembers Trayhan, Douglas, Agee, Wilenchik and Carpenter.
NAY: None.
#6 ORDINANCE: Discussion and first reading on an ordinance amending the
Unified Development Code (UDC) Ordinance No. 96-S-28 by rezoning
52.391+acres out of the F. Rodriquez Survey No. 99, Abstract 484, in Comal
County, Schertz, Texas from the Pre Development (PD) to Residential
District-6 (R-6); providing an effective date and providing a repealing clause.
Councilmember Agee asked for clarification regarding where would children be
attending school and would children need be bused. She points out that a serious look is
needed in regard to location of railroad and proximity of residential.
Mayor Baldwin stated that in his opinion the highest and best use of property along IH35
is not residential, and Planning and Zoning believe the same due to recommendation to
Council. He asked that Council agreed with Planning and Zonings recommendation to
stay with M-l designation, and added that it is the last real property the City has to
designate for M-l zoning.
Councilmember Carpenter made a motion seconded by Councilmember Wilenchik to
disapprove the request to rezone item #6 on the agenda as presented. The vote was as
follows:
AYES: Councilmembers Douglas, Trayhan, Agee, Wilenchik and Carpenter.
NAY: None.
#7 ORDINANCE: Discussion and first reading on an ordinance amending the
Unified Development Code (UDC) Ordinance 96-S-28 by rezoning
6.256+acres out of the G. Malpaz Survey No. 67, Abstract No. 221, in
Guadalupe County, Schertz, Texas from Pre Development to General
Business (GB); providing an effective date; and providing a repealing clause.
Councilmember Agee made a motion seconded by Councilmember Douglas to approve
first reading of an ordinance amending the Unified Development Code (UDC) Ordinance
96-S-28 by rezoning 6.256+acres out of the G. Malpaz Survey No. 67, Abstract No. 221,
in Guadalupe County, Schertz, Texas from Pre Development to General Business (GB).
The vote was as follows:
AYES: Councilmembers Trayhan, Douglas, Agee, Wilenchik and Carpenter.
NAY: None.
Council Regular Meetiug 157
April 4, 2006
#8 ORDINANCE: Discussion and first reading of an ordinance amending the
City of Schertz Comprehensive Land Plan, Chapter 5 (Transportation),
Figure 5.2 (Master Thoroughfare Plan).
Councilmember Wilenchik made a motion seconded by Councilmember Trayhan to
approve first reading of an ordinance amending the City of Schertz Comprehensive Land
Plan, Chapter 5, (Transportation) Figure 5.2, (Master Thoroughfare Plan. The vote was as
follows:
AYES: Councilmembers Trayhan, Douglas, Agee, Wilenchik and Carpenter.
NAY: None.
At this time, Councilmember Wilenchik informed that an error occurred (on his part) on
consent agenda item 4C; he should have abstained. He would like the opportunity to do
so, and asked that the consent agenda be reconsidered. Having said this, Councilmember
Wilenchik made a motion seconded by Councilmember Carpenter to amend the as
previously stated and reconsider the consent agenda items #4 B-l. The vote was as
follows:
AYES: Councilmembers Wilenchik and Carpenter.
NAY: Councilmembers Douglas, Trayhan and Agee.
Motion failed.
Councilmember Wilenchik stated that he would like the record to show that an error was
made on the vote to item 4C; he should have abstained. He would have liked the
opportunity to correct the error, however Council has elected not to reconsider so the
motion will stand.
#9 Discussion and action on appointments to fill vacancies on the Library
Advisory Board.
Councilmember Agee made a motion seconded by Councilmember Trayhan to appoint
John Correau and Laura Wilson to the Library Advisory Board. The vote was as follows:
AYES: Councilmembers Trayhan, Douglas, Agee, Wilenchik and Carpenter.
NAY: None.
#10 Items by City Manager Taylor and Staff
General Announcements
City Manager Taylor had no comments.
#11 Items by Council
General Announcements
Council Regular Meeting 158
April 4, 2006
Councilmember Douglas
. No comments.
Councilmember Trayhan
. No comments.
Councilmember Agee
. Article in the GVEC review reports that April is Child Advocacy
Prevention month. The article reports the statistics for 2006.
Mayor Pro Tern Wilenchik
. Report on Doggy Dash scheduled for April 29th; expecting 200 runners,
received $2000 in donation so far, and Debbie Gildea would be singing
the National Anthem.
. Would like support from Council to revisit the consent agenda. A majority
of Council expressed support to revisit consent agenda.
Councilmember Carpenter
. Stated that when errors occur and are brought to Council attention he
would like to encourage Council to give our colleagues the opportunity to
correct the error.
#12 Items by Mayor
General Announcements
No comments.
#13 ADJOURNMENT
Mayor Baldwin adjourned the meeting at 7:51 p.m.
,
ATTEST:
Council Regular Meeting 159
April 4, 2006