02-17-09
MINUTES
REGULAR MEETING
February 17,2009
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on
February 17, 2009 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 Hal Baldwin Mayor Pro-Tern Michael Carpenter
Councilmember Jim Fowler Councilmember David Scagliola
Councilmember John Trayhan Councilmember Tony Wilenchik
Staff Present: City Manager Don Taylor City Attorney Michael Spain
Assistant City Manager John Bierschwale Assistant City Manager David Harris
City Secretary Brenda Dennis
CALL TO ORDER REGULAR MEETING
Mayor Baldwin 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.
Mayor Pro-Tern Carpenter gave the Invocation followed by the Pledges of Allegiance to
the Flags of the United States and State of Texas.
REPORTS
. Capital Improvements Project Report - Presentations of status report of all
major capital improvements projects. (L. Dublin)
Mayor Baldwin recognized City Engineer Larry Dublin, who provided Council
with a report on all the City of Schertz major capital improvement projects
answering questions from Council.
Mayor Baldwin requested Larry Dublin to get with him regarding the Kramer
House project.
HEARING OF RESIDENTS
Mayor Baldwin recognized the following citizens:
. Ms. Annie Davis, 136 Springtree Court, spoke regarding Wiederstein Road and
concerns with the speed limit, and police ticketing and targeting citizens.
. Rosemary Grayson, 5213 Cabana, spoke regarding the UDC and presented Council
with a letter with signatures regarding issues of sidewalks and hike and bike trails
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"Section 21.14.6A" and open space requirements for Manufactured Home
Subdivisions "Section 21.6. 1. C. 2" .
. Robert Brockman, 1000 Elbel Road, spoke on traffic signals and LED's. Mr.
Brockman also requested staff bring a report and update regarding the recent AP A
Conference.
Discussion and/or Action Items
1. Ordinance No. 09-S-06 - Discussion and/or action on approving first reading of
Ordinance No. 09-S-06 regarding the revised Unified Development Code (UDq
comprised of zoning, subdivision and other related land use regulations by
superseding Ordinance No. 96-S-28. First Reading (K. Mitchell)
Mayor Baldwin recognized Karen Mitchell, Mitchell Planning Group, who stated
on January 27, 2009 and February 3, 2009; the City Council conducted its public
hearing. Staff has received comments from various citizens and City Council
members and has incorporated most of these comments into the revised UDC
document.
SIGNIFICANT CHANGES TO UDC: The revised UDChas been reviewed by
City Attorney, Michael Spain, as well as Consulting Land Use Attorney, Ruben
Barrera of Bracewell & Guiliani. Below is a list of the significant changes made to
the UDC:
. Reformatted to a user-friendly document
. In compliance with state and federal laws
. Removal of contradictory language
. Added provision for Consistency with Comprehensive Plan
. Incorporated language on Traffic Safety Advisory Commission
. Eliminated Overlay Districts and incorporated all standards into text
. Changed R-5, Residential District to GH, Garden Home Residential District
. Created Table with Design Criteria for all Zoning Districts
. Added Impervious Surface maximum requirements
. Created new regulations for Planned Development Districts
. Added requirement for Tax Certificates to be submitted with applications
. Separated Manufactured Home Subdivisions and Manufactured Home Parks
. Added provisions for Carports and Porte Cocheres
. Added requirement for Traffic Impact Analysis for certain developments
. Added validation provision for certain developments that do not meet code
. Added Lighting and Glare standards
. Added provision for dumpster enclosures
. Added Telecommunications regulations
. Added Exterior Construction Standards
. Changed DBH to Cali per inches for new plantings In the Tree
Preservati on/Mi tigati on
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. Added requirement for garages for single family residential homes
. Added stacking requirement for drive- thru facilities
. Added drainage plan requirement to check list on certain plats
. Added provision requiring City Engineer approval on all public infrastructure
construction plans prior to Final Plat application
. Added Community Facilities Agreement for all public infrastructure improvements
. Added expiration period for plats approved but not filed with County
. Added administrative approval for minor/amending plats
. Added criteria for Master Plans
. Added criteria for Site Plans
. Added approval box for Site Plans
. Added drainage criteria section
. Added Storm Water Management Plan section
. Added criteria of a mandatory HOA for gated subdivisions
. Added provisions for Hike and Bike Trails/Sidewalks
. Added provision for Hike and Bike Trails on private property adjacent to State
Highways
. Added requirement for utility easements for all utilities, including natural gas
. Added definition ofHOA
. Made minor revisions to certain definitions as they pertain to sign regulations
Mayor Baldwin recognized the Councilmembers who discussed the sidewalk issue
as brought up by Rosemary Grayson. Councilmember Scagliola questioned the
difference between site built homes and manufacture homes lot sizes.
Mayor Baldwin re~ognized Councilmember Trayhan who moved, seconded by
Mayor Pro-Tern Carpenter to approve Ordinance No. 09-S-06 first reading with
corrections noted. Vote was unanimous. Motion Carried.
2. Ordinance No. 09-S-07 - Discussion and/or action approving an ordinance to
rezone 2.19:1: acres ofland out of the Genobra Malpaz Survey No. 67, Abstract No.
221 from Single-Family Residential District-2 (R-2) to General Business District
(GB). The property is located approximately 966 feet east of the intersection ofFM-
3009 and 220 feet south of FM-78 (John E. Peterson Blvd.). Final Reading (M.
Nichols)
Mayor Baldwin recognized Misty Nichols, Planner I, who introduced this item
stating this zoning request expands the general business zone on this property to allow
for greater business use and will make it compatible and surrounding properties.
Also, at the February 10th City Council meeting, staff was asked to research
solutions for the following items:
An alternate access to the Bexar County Park on Schaefer Road: We found that the
only way to create this access is to cross the Cibolo Creek where there is an extreme
elevation difference and we would have to request easements through the CCMA
treatment plant.
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A secondary egress route for Lone Oak Subdivision: There is an emergency exit
being reviewed by our City Engineer as part of the bond package. The City
Engineer stated that the alternate/emergency egress would not affect this property.
Otherwise, the only other way to create an ingress/egress through this property
would require the condemnation of two residential lots.
A perimeter road on this site: Of the 40.42 acres of property, 14.24 acres are within
the floodplain. This would create a huge impact on this site and its potential
development.
Ms. Nichols stated that the City Council voted to approve this item on first reading at
their February 10, 2009 regular meeting and based on that vote, staff recommends
approval of this ordinance on final reading. Mayor Baldwin reco gnized
Councilmember Scagliola who moved seconded by Councilmember Fowler to
approve Ordinance No. 09-S-07 final reading with corrections noted. Vote was
unanimous. Motion Carried.
3. Minutes - Discussion and/or action regarding the approval of the minutes of the
Regular Meeting of February lO, 2009.
Mayor Baldwin recognized Councilmember Trayhan who moved, seconded by
Mayor Pro-Tern Carpenter to approve the minutes of February 10, 2009. Vote was
unanimous. Motion Carried.
4. Resolution No. 09-R-06 - Discussion and/or action regarding approval of a
resolution requesting modification of zip code boundaries for property located in
the City of Schertz, Texas and its extraterritorial jurisdiction. (D. Taylor/M. Spain)
Mayor Baldwin recognized City Manager Don Taylor, who stated that the majority
of property within the boundaries of Schertz is also located within the 78154 ZIP
Code designated by the United States Postal Service (the "USPS"). However,
certain property located within the Schertz city limits and Schertz's extraterritorial
jurisdiction (the "Schertz ETJ") is located within the 78108 ZIP Code and has been
assigned "Cibolo, Texas" as the USPS "default city" for the mailing addresses for
such properties.
The mandating of Cibolo addresses for properties located within Schertz has caused
numerous problems for those affected residents. Approval of this resolution would
allow Schertz to petition the USPS for realignment of the current ZIP Code
boundary for the 78154 ZIP Code to include all property within the Schertz city
limits and all property within the Schertz ETJ. City Attorney Michael Spain also
requested that the resolution and letter be updated to include those addresses within
Schertz ETJ of New Braunfels, and add information regarding fire protection as it
relates to insurance rates for Schertz citizens.
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Mayor Baldwin recognized Councilmember Wilenchik who moved, seconded by
Mayor Pro-Tern Carpenter to approve Resolution No. 09-R-06 with corrections and
additions as stated above. Vote was unanimous. Motion Carried.
5. Resolution No. 09-R-ll - Consideration and/or action regarding approval of a
resolution for a grant application for six (6) computers one for CID, and five (5) for
police patrol cars. (B. Todd)
Mayor Baldwin recognized City Marshall Beverly Todd who stated that on
February 10, 2009 a Criminal Justice 421 Grant was completed and is ready to be
sent to the Governor's Office requesting funding for purchase of six (6) computers
to be placed in police department vehicles. The request is for $34,315.20 in grant
funds.
Mayor Baldwin recognized Councilmember Trayhan who moved, seconded by
Councilmember Scagliola to approve Resolution No. 09-R-11. Vote was unanimous.
Motion Carried.
6. Resolution No. 09-R-12 - Consideration and/or action regarding approval of a
resolution authorizing a reimbursement of general fund money for irrigation to be
performed at the City's new Library facility. (G. Logan/K. Lewinski)
Mayor Baldwin recognized Parks Director George Logan who stated that City Staff
has determined that the City requires irrigation services to be conducted
immediately relating to the new Library facility located at 798 Schertz Parkway,
Schertz, Texas,
The Library's new irrigation system and some landscaping were to be funded out of
the Tree Mitigation Fund pending changes in the UDC. As the UDC is not yet
adopted and the irrigation system needs to be installed at the Library, staff
recommends adopting this reimbursement resolution to allow the General Fund to
fund this project and be reimbursed by the Tree Mitigation Fund if changes to the
UDC are approved in a few weeks. The City Staff has determined it is in the City's
best interest to enter into an agreement with Choate Irrigation pursuant to the
Irrigation Agreement.
Mayor Baldwin recognized Councilmember Wilenchik who stated that the bond for
the Library project included this and it should have been in the budgeted amount and
believes that this should be completed next year; he also stated that the Library
project is already over budget and he believes that irrigation should be included as
part ofthe fund raising dollars raised.
Mayor Baldwin recognized Library Director Gail Douglas who addressed the Council
answering questions. Mayor Baldwin asked why it was necessary to do this now
before the UDC was finalized. City Engineer Larry Dublin came forward explaining
that the irrigation lines need to be down and completed before the asphalt is laid.
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Mayor Baldwin recognized Mayor Pro-Tern Carpenter who moved, seconded by
Councilmember Trayhan to approve Resolution No. 09-R-12. Vote was unanimous.
Motion Carried.
7. CERT (Community Emergency Response Team) Trailer Agreement -
Consideration and/or action approving an agreement between the City of Schertz
and the County of Bexar for loan of trailer purchased with Home Land Security
Funds. (G. Outlaw)
Mayor Baldwin recognized Assistant Fire Chief Glen Outlaw who introduced Andy
Bores and Chris Weimer who are volunteers of the CERT Team. Assistant Chief
Outlaw stated Bexar County has offered to provide an equipment trailer for use by
our voluntary Community Emergency Response Team (CERT) for use during
disasters. The trailer will be provided at no cost to the City of Schertz, other than
insurance and maintenance.
Mayor Baldwin recognized Councilmember Trayhan who moved, seconded by
Councilmember Fowler to approve the agreement for loan of the trailer purchased
with Homeland Security funds from Bexar County. Vote was unanimous. Motion
Carried
Mayor Baldwin recessed into executive session at 8: 17 p.m.
EXECUTIVE SESSION
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.
RECONVENE TO REGULAR SESSION
Mayor Baldwin reconvened into regular session at 9:47 p.m.
8. Resolution No. 09-R-09 - Discussion and/or action regarding approval of a
resolution for a Community Facilities Agreement between the City of Schertz and
KB Home Lone Star, LP for the dedication of parkland. (G. Logan)
No action taken.
9. Resolution No. 09-R-I0 - Discussion and/or action regarding approval of a
resolution for a Community Facilities Agreement between the City of Schertz and
Pulte Homes of Texas, LP for the dedication of parkland. (G. Logan)
No action taken.
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10. Town Creek Sewer Phase II Easement Acquisition - Consideration and/or action
approving the Easement Acquisition for Town Creek Sewer Phase II. (L. Dublin)
No action taken.
11. Take any additional action deemed necessary as a result of the Executive Session.
No action taken.
ReQuests and Announcements
12. Requests by Mayor and Councilmembers that items be placed on a future City
Council agenda.
Mayor Baldwin recognized Councilmember Fowler who stated that he spoke with
Fire Chief Covington regarding the Firebreak issue and will be bringing an item to
Council for discussion in a couple of weeks.
Mayor Baldwin recognized Councilmember Scagliola who requested staff to bring
an item for discussion at a future meeting regarding the possibility of quiet zones,
specifically along FM 3009 and FM 78. Assistant City Manager David Harris
stated that he recently attended a meeting regarding this issue and would be
bringing a report to Council.
Councilmember Fowler asked if there was something the City could do regarding
the under staff issues at the new Schertz post office. Members of staff and Council
discussed writing a letter to the Postmaster and sending a copy to Congressman
Cuellar's office.
Councilmember Carpenter requested that an item be placed on a future agenda to
recognize and close out the duties of the 50th Anniversary Committee. City
Secretary Brenda Dennis stated that at the next meeting members of the 50th
Committee would be receiving a certificate of appreciation.
13. Requests by Mayor and Councilmembers to City Manager and Staff for information
No requests were note.
14. Announcements by Mayor and Councilmembers
. City and community events attended and to be attended
. City Council Committee and Liaison Assignments (see assignments below)
. Continuing education events attended and to be attended
. Recognition of actions by City employees
. Recognition of actions by community volunteers
. Upcoming City Council agenda items
No announcements were noted.
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15. Announcements by City Manager
. Recognition of City employee actions
. New Departmental initiatives
Staff mentioned that today Assistant City Manager David Harris celebrated his 40th
Birthday; also mentioned that last week Assistant City Manager John Bierschwale
celebrated a milestone in turning 50.
Mayor Baldwin recognized EMS Director Dudley Wait who invited Council to attend an
upcoming press conference for Heart Alert hosted by Southwest Texas Regional Advisory
Council for Trauma this Thursday February 19 at 10:00 a.m.
ADJOURNMENT
As there was no further action, Mayor Baldwin adjourned th eeting at 9:59 p.m.
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ATTEST:
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Brenda Dennis City Sec etary
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