06-02-09 MINUTES
REGULAR MEETING
June 2, 2009
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on
June 2, 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-Tem Jim Fowler
Councilmember David Scagliola Councilmember John Trayhan
Councilmember Tony Wilenchik
Staff Present: City Manager Don Taylor Assistant City Manager David Harris
City Secretary Brenda Dennis
Councilmember Carpenter absent.
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.
Councilmember Fowler gave the invocation followed by the Pledges of Allegiance to the
Flags of the United States and State of Texas.
1. Oath of Office
A. Mayor Pro-Tem -Consideration and/or action regarding the appointment of
the Mayor Pro-Tem, term to expire December 1, 2009. Mayor Baldwin to
administer oath to Councilmember Jim Fowler (Council)
Mayor Baldwin recognized Councilmember Fowler who introduced his wife Pat who
was in the audience this evening. Mayor Baldwin administered oath to newly
appointed Mayor Pro-Tem Jim Fowler.
PRESENTATION
• Youth Services Librarian letter in recognition of the 2009 Texas Summer
Reading Club from Gov. Rick Perry and a PowerPoint presentation on
Summer Reading Club Programs at the Schertz Library. (N. Stohr)
Mayor Baldwin recognized Youth Services Librarian, Nicki Stohr who gave
a brief PowerPoint presentation regarding the upcoming Summer Reading
Club Programs at the Schertz Library. Ms. Stohr stated that this year's
theme is "Libraries: Deep in the Heart of Texas!" Mayor Baldwin read a
6-2-09 Minutes
letter from Governor Rick Perry in honor of this year's program, which has
a message to the public about this worthwhile program. Mayor Baldwin
presented the letter to Ms. Stohr. Mayor and Council thanked Ms. Stohr the
great work with the program.
• Northeast Lakeview College certificates of recognition to Schertz EMS
Paramedics (Dr. Eric Reno/Chief Don Adams).
Mayor Baldwin recognized Dr. Eric Reno, President Northeast Lakeview
College who presented certificates of recognition to Schertz EMS
Paramedics Jason Hedrick and Barbara Meyers, Barbara was not available.
HEARING OF RESIDENTS
Mayor Baldwin recognized Mr. Robert Brockman, 1001 Elbel Road who spoke on the
following:
• Thanked the City for the street light installation along the low water
crossing.
• The need for realignment of the pedestrian sign at Aero and Schertz
Parkway.
• Stated that Mr. Brad Bailey was on Channel 4 this evening being
interviewed regarding a resident request for assistance with a water line
issue. Mr. Brockman stated this resident lives on Hillbrook Lane and
understands there are water issues out there. Mr. Brockman asked if the
area has started any annexation proceedings. Mr. Taylor stated that he
believed they did not want to be annexed by the City.
Discussion and/or Action Items
2. Minutes -Discussion and/or action regarding the approval of the minutes of the
May 26, 2009 regular meeting.
Mayor Baldwin recognized Councilmember Trayhan who moved, seconded by
Mayor Pro-Tem Fowler to approve the minutes of the regular meeting of May 26,
2009. Vote was unanimous. Motion Carried.
3. Ordinance No. 09-5-20 - ZC2009-004 - Conduct a public hearing and
consideration and/or action on a request to rezone 260.2 acres of land between the
Union Pacific Railroads in Comal County from FM-3009 east to FM-2252 from
General Business District-2 (GB-2) and Manufacturing District Light (M-1) to
General Business District (GB) and Residential Agricultural (R-A). First Reading
(M. Sanchez)
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Mayor Baldwin recognized Development Services Director Michelle Sanchez who
introduced this item stating this request is an application by the City of Schertz to
rezone 85.8 acres of land fronting FM 3009 from General Business 2 and M-1
Light Manufacture District to General Business; and to rezone 174.4 acres from M-
1Light Manufacture District to Residential Agricultural.
The Schertz City Council approved zoning for north Schertz on September 18, 2007
(Ordinance # 2007-5-40). Ms. Sanchez stated after finalizing the map, staff
discovered that more than 20% of the City is zoned for manufacturing. As a result,
we are considering several areas for rezoning within the City.
The 85.8+ acres proposed for General Business is also described as cropland
according the appraisal district but would be better developed commercially and as
mixed use development.
The property intended for Residential Agricultural is predominantly cropland and
pasture with a few residents. This zone change will enable residents that currently
occupy asingle-family residence to improve and further expand their residential
use. There were 32 notices mailed to property owners on May 1, 2009. There were
no favorable responses received; five opposed responses and two neutral responses
were received.
Ms. Sanchez stated the Planning and Zoning Commission met on May 13, 2009 and
recommended disapproval by a 4/1 vote. The City Council vote must be a 3/4
majority vote in order to pass this zone change as presented by staff.
City Attorney Michael Spain stated that section 21.5.4.D of the Unified
Development Code requires the City Council consider eight criteria in considering
requested zoning changes; although confirmation of all eight items is not required
to consider a change. The criteria are as follows:
• Whether the proposed zoning change or zoning map amendment
implements the policies of the adopted Comprehensive Land Plan, including
the land use classification of the property on the Future Land Use Map;
• Whether the proposed zoning change or zoning map amendment promotes
the health, safety, or general welfare of the City and the safe, orderly,
efficient and healthful development of the City.
• Whether the uses permitted by the proposed change in zoning district
classification and the standards applicable to such uses will be appropriate
in the immediate area of the land to be reclassified.
• Whether the proposed change is in accord with any existing or proposed
plans for proving public schools, streets, water supply, sanitary sewers or
other public services and utilities to the area.
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• Whether there have been environmental and/or economical changes which
warrant the requested change.
• Whether there is an error in the original zoning of the property for which a
change is requested.
• Whether all of the applicant's back taxes owed to the City have been paid in
full.
• Whether other criteria are met which, at the discretion of the Planning and
Zoning Commission and the City Council, are deemed relevant and
important in the consideration of the amendment.
Mayor Baldwin opened the public hearing and recognized the following who
spoke against this item:
• Mr. John Jacks 300 Convent who provided a brief PowerPoint presentation
examining why he is against this item.
• Mr. Mike Flume, 1020 NE Loop 410
• Mr. Walter Vestal, 24235 FM 3009
• Ms. Rosemary Grayson, 5213 Cabana Drive.
Mayor Baldwin recognized Mr. Earl Mayfield, 20180 FM 2252 who spoke
regarding his property and concern of rezoning. Mayor Baldwin recognized
Michele Sanchez who came forward stating that his property would not be affected.
Mayor Baldwin recognized Mr. David Richmond, 2921 Bent Tree who spoke in
favor of this item and further requested consideration to zone the area for mixed
use.
Mayor Baldwin asked that the Council consider tabling this item until the next
meeting to allow a full five-voting member Council be present. Mayor Baldwin
stated that Councilmember Carpenter could not make it this evening due to a family
emergency.
Mayor Baldwin also requested that Councilmember Carpenter be provided a copy
of the CD from this evening's meeting so that he can familiarize himself with the
statements of staff members and the speakers, which will allow him to be prepared
for next week's meeting. Mayor Baldwin stated that anyone who wished to speak
on this item at the next council meeting would need to sign up under the Hearing of
Residents section of the agenda.
Mayor Baldwin recognized Mayor Pro-Tem Fowler who moved seconded by
Councilmember Trayhan to table action on this item until the next meeting to allow
a full five-voting member Council be present. Vote was unanimous. Motion
carNied
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Mayor Baldwin recognized Councilmember Wilenchik who moved seconded by
Mayor Pro-Tem Fowler to close the public hearing. Vote was unanimous.
Motion carried
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.
Council did not meet in Executive Session.
Requests and Announcements
5. Requests by Mayor and Councilmembers that items be placed on a future City
Council agenda.
Mayor Baldwin recognized Councilmember Wilenchik who asked if he could get a
concurrence from other Councilmembers to place an item on the June 16, 2009
agenda for a presentation and discussion item regarding a new Animal Control
facility. Councilmember Trayhan concurred and the Mayor agreed to add it to the
agenda.
6. Requests by Mayor and Councilmembers to City Manager and Staff for
information.
Mayor Baldwin recognized Mayor Pro-Tem Fowler who asked if information could
be brought back regarding the UDC concern Ms. Grayson had raised earlier. City
Attorney Michael Spain commented on the statement and satisfied Mayor Pro-Tem
Fowler's concern.
7. 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
Mayor and Councilmembers commented on the great success of the 8th Annual
Doggie Dash event that was held last weekend stating it was the largest event to
date with 557 participants. Each thanked everyone involved for their work and
dedication to making it a great success.
8. Announcements by City Manager
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• Recognition of City employee actions
• New Department Initiatives
Mayor Baldwin recognized City Manager Taylor who reminded the Council of the
upcoming Employee Picnic on Sunday from 2 to 6 p.m.
ADJOURNMENT
As there was no further action, Mayor Baldwin adjourned the meeting at 7:47 p.m.
r
al Baldwin, Mayor
ATTEST:
nda Dennis, TRMC, C City Secretary
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