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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) 6-2-09 Minutes Page - 2 - 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. 6-2-09 Minutes Page - 3 - • 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 6-2-09 Minutes Page - 4 - 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 6-2-09 Minutes Page - 5 - • 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 6-2-09 Minutes Page - 6 -