06-09-2009 AgendaMultiple files are bound together in this PDF Package.Adobe recommends using Adobe Reader or Adobe Acrobat version 8 or later to work with documents contained within a PDF Package. By
updating to the latest version, you’ll enjoy the following benefits: • Efficient, integrated PDF viewing • Easy printing • Quick searches Don’t have the latest version of Adobe Reader?
Click here to download the latest version of Adobe ReaderIf you already have Adobe Reader 8, click a file in this PDF Package to view it.ftware\Classes\.pdf
SCHERTZ CITY COUNCIL REGULAR SESSION MUNICIPAL COMPLEX COUNCIL CHAMBERS 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 AMENDED REGULAR AGENDA TUESDAY, JUNE 9, 2009 Regular Session
6:30 p.m. Call to Order Invocation and Pledges of Allegiance to the Flags of the United States and State of Texas. PRESENTATION • Presentation to Emily Furillo, recipient of the Hal
Baldwin Scholarship. Hearing of Residents This time is set-aside for any person who wishes to address the City Council. Each person should fill out the speaker’s register prior to the
meeting. Presentations should be limited to no more than 5 minutes. Discussion by the Council of any item not on the agenda shall be limited to statements of specific factual information
given in response to any inquiry, a recitation of existing policy in response to an inquiry, and/or a proposal to place the item on a future agenda. The presiding officer, during the
Hearing of Residents portion of the agenda, will call on those persons who have signed up to speak in the order they have registered. Discussion and/or Action Items 1. Presentation on
City Projects – Presentation and consideration and/or action regarding the City Project Update and Status Report. (L. Dublin) 2. Minutes – Discussion and/or action regarding the approval
of the minutes of the June 2, 2009 regular meeting. 3. Ordinance No. 09-S-20 – Consideration and/or action on a request to amend the Future Land Use Map contained in the City’s Comprehensive
Land Plan. First and Final Reading (City Manager) 4. Ordinance No. 09-S-21 -ZC2009-004 -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 6-9-09 Council
Agenda
Residential Agricultural (R-A). (Item tabled at the 6/2/09 Council Meeting) First Reading (M. Sanchez) 5. Appointment of Boards and Commissions/Committee Members – Consideration and/or
action regarding the process and procedure for appointments/reappointments of Boards and Commissions Members for the City of Schertz. (Requested by Mayor Baldwin) 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 6. Take any additional action deemed necessary as a result of the Executive Session. Requests and Announcements 7. Requests by Mayor and Councilmembers that items
be placed on a future City Council agenda. 8. Requests by Mayor and Councilmembers to City Manager and Staff for information. 9. 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 10. Announcements by City Manager • Recognition of City employee actions
• New Departmental initiatives Adjournment CERTIFICATION I, BRENDA DENNIS, CITY SECRETARY OF THE CITY OF SCHERTZ, TEXAS, DO HEREBY CERTIFY THAT THE ABOVE AGENDA WAS POSTED ON THE OFFICIAL
BULLETIN BOARDS ON THIS THE 5th DAY OF JUNE 2009 AT 4:00 P.M., WHICH IS A PLACE READILY ACCESSIBLE TO THE PUBLIC AT ALL TIMES AND THAT SAID NOTICE WAS POSTED IN ACCORDANCE WITH CHAPTER
551, TEXAS GOVERNMENT CODE. 6-9-09 City Council Agenda Page -2 -
Brenda Dennis BRENDA DENNIS, TRMC, CMC CITY SECRETARY I CERTIFY THAT THE ATTACHED NOTICE AND AGENDA OF ITEMS TO BE CONSIDERED BY THE CITY COUNCIL WAS REMOVED BY ME FROM THE OFFICIAL
BULLETIN BOARD ON _____DAY OF _______________, 2009. ____________________________Title:__________________________ This facility is accessible in accordance with the Americans with Disabilities
Act. Handicapped parking spaces are available. If you require special assistance or have a request for sign interpretative services or other services please all 619-1030 at least 24
hours in advance of meeting COUNCIL COMMITTEE AND LIAISON ASSIGNMENTS Mayor Baldwin Liaison -Schertz Seguin Local Government Corporation Liaison -Schertz Historical/Preservation Committee
Interview Board for Boards and Commissions Investment Advisory Committee ASA Commuter Rail District Board Councilmember Wilenchik Investment Advisory Committee Liaison – Animal Advisory
Board Liaison -Schertz Chamber of Commerce Liaison -Board of Adjustment Audit Committee Interview Board for Boards and Commissions Liaison – TIRZ II Board AACOG Advisory Committee AACOG
Economic Development TML Board of Directors TML Municipal Revenue & Taxation Committee Councilmember Fowler Liaison -Schertz Economic Development Corporation Liaison -Parks & Recreation
Advisory Board Interview Board for Boards and Commissions Mayor Pro-Tem Carpenter Liaison -Library Advisory Board Liaison -Planning and Zoning Commission Liaison -Schertz Youth Commission
Liaison – TIRZ II Board Hal Baldwin Scholarship Committee Councilmember Scagliola Liaison – Animal Advisory Board Liaison -Transportation Safety Advisory Commission Liaison -Schertz
Humane Society Alternate Interview Board for Boards and Commissions Liaison – Schertz Sweetheart Court Councilmember Trayhan Liaison -Schertz Housing Authority Audit Committee Hal Baldwin
Scholarship Committee 6-9-09 City Council Agenda Page -3 -
CAPITAL PROJECTS STATUS SUMMARYDATE:11-Aug-08REVISED3-Jun-09ORIGINALREVISEDTOTAL COST COMMITTEDITEMDESCRIPTIONSTATUSBUDGETBUDGETTO DATECOSTSSTREET PROJECT SUMMARY$20,000,000.001DOERR
LANE RECONSTRUCTIONCONSTRUCTION 50%$2,583,943.23$2,242,372.32$923,355.44$2,242,372.322SCHERTZ PARKWAY RECONSTRUCTION -DIETZ CREEK TO FM 78CONSTRUCTION 98%$3,079,561.94$3,361,145.87$3,031,826.39$3,361
145.873WIEDERSTEIN -CHELSEA INTERSECTIONCONSTRUCTION 0%$591,416.82$738,236.29$178,418.86$738,236.294DIMROCK STREETCOMPLETE$309,007.59$239,418.64$239,418.64$239,418.645WOODLAND OAKS DRIVECOMPLETE$325,
88.11$597,137.82$675,000.62$597,137.826RURAL ROADS PHASE IDESIGN 90%$5,015,736.00$4,740,585.00$437,101.75$2,489,500.007RURAL ROADS PHASE IIREVIEW8DEER HAVEN SUBDIVISIONCONSTRUCTION 70%$1,308,276.38$9
4,499.45$622,353.86$994,499.459LONE OAK SUBDIVISION/SAVANNAHCOMPLETE$385,495.55$1,155,866.88$1,219,068.27$1,155,866.8810MAIN STREET RECONSTRUCTIONREVIEW$454,665.73$737,264.41$16,782.4811LONE
OAK EMERGENCY EXITREVIEW$191,748.36$191,748.36$0.0012GREEN VALLEY ROADDESIGN 60%$961,689.82$712,485.93$40,235.22$712,485.9313NORTHCLIFFE STREETS (PHASE 1 ACTUALS)DESIGN 90%$4,793,169.75$4,824,489.75$
91,191.96$2,465,800.00TOTALS$20,000,499.28$20,535,250.72$7,674,753.49$14,996,463.20REMAINING FUNDS ROADS$12,325,745.79$5,004,036.08DRAINAGE PROJECTS SUMMARY$4,155,000.00 Includes $255,000
from Universal City1DRAINAGE IMPROVEMENTS IN THE VILLAGES UNITS I & IICOMPLETE$670,477.44$753,714.07$753,714.07$753,714.072WEST DIETZ CREEK UPSTREAMCONSTRUCTION 0%$1,331,313.32$1,697,451.20$328,205.2
$1,697,451.203CLYDE FORD AND GETTYSBERGCOMPLETE$284,841.70$86,356.53$86,356.53$86,356.534AVIATION LOW WATER CROSSINGCOMPLETE$781,363.62$591,149.24$591,149.24$591,149.245DRAINAGE IMPROVEMENTS
ON ELBELREVIEW$337,217.00$337,217.00$0.006NORTHCLIFFE DRAINAGE IMPROVEMENTSREVIEW$868,874.00$868,874.00$0.007DRAINAGE PROJECTS LAND/ROWACTIVE$0.00$467,850.00$576,221.12$467,850.00TOTALS$4,274,087.08$
,802,612.04$2,335,646.19$3,596,521.04REMAINING FUNDS DRAINAGE$1,819,353.81$558,478.96VERTICAL BOND PROJECTS$14,500,000.00 Includes $1,000,000 DONATION1NEW LIBRARYCONSTRUCTION 99%$7,000,000.00$8,349,7
0.00$7,914,885.23$8,349,770.002RECREATION CENTERCONSTRUCTION 14%$7,500,000.00$7,070,978.00$2,223,921.86$7,070,978.00$0.00TOTALS$14,500,000.00$15,420,748.00$10,138,807.09$15,420,748.00REMAINING
FUNDS $4,361,192.91-$920,748.00
CAPITAL PROJECTS STATUS SUMMARYDATE:11-Aug-08REVISED3-Jun-09ORIGINALREVISEDTOTAL COST COMMITTEDITEMDESCRIPTIONSTATUSBUDGETBUDGETTO DATECOSTSVERTICAL BOND PROJECTS3CITY HALL RENOVATIONSCOMPLETE$391,28
.00$485,000.00$443,815.63$485,000.004VISITORS WELCOME CENTERCONSTRUCTION 99%$408,897.00$475,500.00$443,812.65$475,500.005NORTHCLIFFE RECREATION CENTERCOMPLETE$90,492.00$105,000.00$101,849.81$105,000.
06PICKRELL PARK PAVILLIONCOMPLETE$68,720.96$68,720.96$0.00$68,720.96$0.00TOTALS$959,397.96$1,134,220.96$989,478.09$1,134,220.96CAPITAL WATER AND SEWER PROJECTS1SW QUADRANT ELEVATED TANK
1.5 MMG LIVE OAKCOMPLETE$3,200,000.00$2,693,774.07$2,693,774.072NE QUADRANT ELEVATED TANK 1.0 MMG NORTHCLIFFECOMPLETE$1,890,500.00$1,810,609.70$1,810,609.703NE QUADRANT WATER PLANT NORTHCLIFFECOMPLET
$2,100,000.00$1,684,830.77$1,684,830.774TOWN CREEK SEWER PHASE I COMPLETE)DESIGN 95% (PH II/III)$6,961,830.00$6,880,245.00$3,047,088.165LOOP FEED WATER LINECOMPLETE$591,416.82$635,936.53$635,936.536E
ST LIVE OAK WATER PLANT IMPROVEMENTSCONSTRUCTION 25%$3,100,000.00$3,569,135.00$1,202,987.75TOTALS$17,843,746.82$17,274,531.07$11,075,226.98MISC PROJECTS1WESTCHESTERCOMPLETE$565,875.00$446,798.00$409,
85.212SCHWAUB ROADCOMPLETE3MID-CITIES DRAINAGECOMPLETEGRAND TOTALS$42,118,333.18$42,612,393.83$21,085,626.66
Agenda No. 2 CITY COUNCIL MEMORANDUM City Council Meeting: June 9, 2009 Department: Administration Subject: Minutes BACKGROUND On June 2, 2009 a Regular City Council Meeting was held
at the Municipal Complex Council Chambers at 6:30 p.m., 1400 Schertz Parkway Building #4. FISCAL IMPACT None RECOMMENDATION Staff recommends Council approval of the June 2, 2009 minutes.
ATTACHMENT Minutes 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-S-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-1 Light Manufacture District to Residential Agricultural.
The Schertz City Council approved zoning for north Schertz on September 18, 2007 (Ordinance # 2007-S-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 a single-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 carried 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 -
6-2-09 Minutes Page -6 -• 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. ___________________________________ Hal Baldwin, Mayor
ATTEST: _______________________________________ Brenda Dennis, TRMC, CMC City Secretary
Agenda No. 3 CITY COUNCIL MEMORANDUM City Council Meeting: June 9, 2009 Department: City Manager Subject: Future Land Use Map BACKGROUND Pursuant to Section 21.4.6.A of the Unified Development
Code, the City Manager has requested and recommended that the Future Land Use Map attached to the City’s Comprehensive Land Plan be amended. FISCAL IMPACT None RECOMMENDATION Adopt Ordinance
No. 09-S-20 ATTACHMENT Ordinance No. 09-S-20 (Exhibit A to the Ordinance will be provided to the City Council by City Staff prior to the Council’s June 9, 2009 meeting.) CCM Ordn 09-S-20.doc
ORDINANCE NO. 09-S-20 ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE FUTURE LAND USE MAP OF THE CITY; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; DECLARING AN EMERGENCY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Manager of the City has requested and recommended that the City Council amend the boundaries shown
on the Future Land Use Map attached to the City of Schertz Comprehensive Land Plan; and WHEREAS, pursuant to Section 21.4.6.A of the City’s Unified Development Code, this request and
recommendation by the City Manager for such amendment to the Future Land Use Map may be accomplished by the City Council on its own motion, without the application, departmental reviews,
public hearings, or Planning and Zoning Commission consideration or actions that are required when an amendment to the Comprehensive Land Plan or the Future Land Use Map is proposed
by a property owner; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: THAT: SECTION I The Future Land Use Map attached to the City’s Comprehensive Land
Plan is hereby amended as set forth on Exhibit A to this Ordinance, which shall immediately replace the Future Land Use Map currently attached to the City’s Comprehensive Land Plan.
SECTION II This Ordinance shall be cumulative of all other ordinances of the City of Schertz, and this Ordinance shall not operate to repeal or affect any other ordinances of the City
of Schertz except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this Ordinance, in which event such conflicting provisions, if any, are
hereby repealed. SECTION III The sections, paragraphs, sentences, clauses, and phrases of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this
Ordinance shall be declared unconstitutional, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this
Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional or invalid phrase, clause, sentence, paragraph
or section. Ordn 09-S-20.doc
Ordn 09-S-20.doc SECTION IV Pursuant to Section 4.09(e) of the City Charter, by vote of not less than two-thirds of the members of the City Council present at the meeting at which this
Ordinance was first considered, the City Council has determined that an emergency exists which requires immediate action, and this Ordinance is hereby adopted on a single reading and
shall be effective upon the date hereof and any publication required by law. PASSED, APPROVED, AND ADOPTED on first and final reading this 9th day of June, 2009. ____________________________________
Mayor, City of Schertz, Texas (SEAL OF THE CITY) ATTEST: ________________________________ City Secretary, City of Schertz, Texas
EXHIBIT A FUTURE LAND USE MAP See Attached Ordn 09-S-20.doc
Agenda No. 4 CITY COUNCIL MEMORANDUM City Council Meeting: June 9, 2009 Department: Development Services Division: Planning & Zoning Subject: Ordinance No. 09-S-20 –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-2 and Manufacturing Light (M-1)
to General Business (GB) and Residential Agricultural (R-A) First Reading On June 2, 2009 the City Council held a public hearing where staff addressed the Council with a brief presentation
which included a recommendation for approval. There were several individuals who stated their opposition to the proposed zoning request. There were thirty-two notices mailed to property
owners on May 1, 2009. Five opposing responses were received; two neutral responses; and no favorable responses. After closing the public hearing the City Council voted to table this
item until all five members of the Council are available to discuss and act on this request. Planning and Zoning Recommendation: The Planning and Zoning Commission met on May 13, 2009
and recommended disapproval by a 4/1 vote. Mr. Wallace stated that his concerns are that the property owner was opposed to the city zone change two years ago; and that access will be
less than desired for the proposed zone change uses. Staff Recommendation: Staff supports and recommends approval of this request. City Council schedule is as follows: DATE ITEM ACTION
Tuesday, June 9, 2009 Zoning City Council Public Hearing and First Reading of Ordinance. Tuesday, June 16, 2009 Zoning City Council Final Reading of Ordinance. Item 4 ZC2009-004 City-Rezone
CC Memo on GB-2 and M-1 to GB and R-A6-9-09 First Reading.doc
City Council Memorandum Page 2 Item 4 ZC2009-004 City-Rezone CC Memo on GB-2 and M-1 to GB and R-A6-9-09 First Reading.doc
ORDINANCE NO. 09-S-21 ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE OFFICIAL ZONING MAP ORDINANCE 07-S-40 BY REZONING 260.2± ACRES LOCATED BETWEEN THE TWO
UNION PACIFIC RAILROADS FROM FM-3009 EAST TO FM-2252, COMAL COUNTY, SCHERTZ, TEXAS FROM GENERAL BUSINESS-2 (GB-2) AND MANUFACTURING DISTRICT LIGHT (M-1) TO GENERAL BUSINESS DISTRICT
(GB) AND RESIDENTIAL AGRICULTURAL (R-A); PROVIDING AN EFFECTIVE DATE; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING A PENALTY CLAUSE. WHEREAS, The City
is requesting to rezone approximately 260.2 acres of land described in Exhibit “1, 2, and 3”, attached hereto and incorporated herein by reference (hereinafter, the “Property”). WHEREAS,
on May 13, 2009 the Planning and Zoning Commission conducted a public hearing and determined that this request was in the interest of the public safety health, and welfare and recommended
approval of the requested General Business District (GB) and Residential Agricultural District (R-A); NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS:
THAT: The Official Zoning Map Ordinance, No. 07-S-40, as same may have heretofore been amended by the City of Schertz, Texas, is hereby amended in the following manner. SECTION I Establishing
zoning for a 260.2± acre tract being located between the two Union Pacific Railroads from FM-3009 East to FM-2252, Comal County, Schertz Texas, more particularly described in the Maps
attached hereto as Exhibits 1, 2, and 3 to GB and R-A. SECTION II The Official Zoning Map of the City of Schertz described and referred to in Article 2 of the Unified Development Code
shall be changed to reflect the above amendments. SECTION III Ordn 09-S-21.doc ZC2009-004 North Schertz between RR
Ordn 09-S-21.doc ZC2009-004 North Schertz between RR This Ordinance shall be effective immediately from and after its final passage and any publication in accordance with the requirements
of the City of Schertz and the laws of the State of Texas. SECTION IV This Ordinance shall be cumulative of all other ordinances of the City of Schertz, and this ordinance shall not
operate to repeal or affect any other ordinances of the City of Schertz except insofar as the provisions thereof might be inconsistent
or in conflict with the provisions of this Ordinance, in which event such conflicting provisions, if any, are hereby repealed. SECTION V The sections, paragraphs, sentences, clauses,
and phrases of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared unconstitutional, such unconstitutionality
or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance, since the same would have been enacted by the City Council
without the incorporation in this Ordinance of any such unconstitutional or invalid phrase, clause, sentence, paragraph or section. SECTION VI Any person, firm, association of persons,
corporation or other organization violating the provisions of this Ordinance shall be deemed to be guilty of a misdemeanor and, upon conviction, shall be fined an amount not to exceed
$2,000.00. Each day that a violation continues shall be deemed as a separate offense. Approved on first reading the 9th day of June, 2009. PASSED, APPROVED AND ADOPTED the ____ day of
June, 2009. ____________________________________ Mayor, City of Schertz, Texas (SEAL OF THE CITY) ATTEST: ________________________________ City Secretary, City of Schertz, Texas
Ordn 09-S-21.doc ZC2009-004 North Schertz between RR
27.1 AC 2,389.3 ft 2,332.8 ft 505.3 ft 500.1 ft BELL NORTH DR FM 3009 UNION PACIFIC RAILROAD UNION PACIFIC RAILROAD GB M-1 R-A GB-2 EXHIBIT 1 ?? ?????? ?????? ?????? ?????? ?????? ??????????
???????? ???????????????????????????????????????????????????????? ?????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????
???????????????????????????????????????????????????????????????????????????????????????? ??????????????????????????????????????????????????????????????????????????????????????????????????????????????
??????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????? ???????????????????????????????????????????????????
???????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????
?????????????????????????????????????????????????????????????? ????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????
?????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????
???????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????
?????????????????????????????????????????????????????????????????????????????????????????????????????? ???????????????????????????????????????????????????????????? ???????????????????????????????????
???????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????? ?????????????????????????????? ???????????????????????????????
??????????????
FM 3009 UNION PACIFIC RAILROAD UNION PACIFIC RAILROAD GB R-A M-1 GB-2 2,332.8 ft 2,106.6 ft 1,158.3 ft 787.4 ft 382.6 ft 58.7 AC EXHIBIT 2 ?? ?????? ?????? ?????? ?????? ?????? ??????????
???????? ???????????????????????????????????????????????????????? ?????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????
???????????????????????????????????????????????????????????????????????????????????????? ??????????????????????????????????????????????????????????????????????????????????????????????????????????????
??????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????? ???????????????????????????????????????????????????
???????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????
???????????????????????????????????????????????????????????? ??????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????
???????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????
???????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????
?????????????????????????????????????????????????????????????????????????????????????????????????????? ???????????????????????????????????????????????????????????? ???????????????????????????????????
???????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????? ?????????????????????????????? ???????????????????????????????
??????????????
M-1 R-A GB 174.4 AC MHP 5,530.8 ft 3,733.5 ft 2,106.6 ft 911.0 ft 726.5 ft 598.5 ft FM 2252 UNION PACIFIC RAILROAD UNION PACIFIC RAILROAD EXHIBIT 3 ?? ???????????? ?????? ?????? ??????
?????????? ???????? ???????????????????????????????????????????????????????? ??????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????
??????????????????????????????????????????????????????????????????????????????????????????????????? ???????????????????????????????????????????????????????????????????????????????????????????????????
?????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????? ????????????????????????????????????????
???????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????
??????????????????????????????????????????????????????????????????????? ???????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????
??????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????
???????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????
?????????????????????????????????????????????????????????????????????????????????????????????????????? ???????????????????????????????????????????????????????????? ???????????????????????????????????
???????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????? ?????????????????????????????? ???????????????????????????????
??????????????
Agenda No. 5 CITY COUNCIL MEMORANDUM City Council Meeting: June 9, 2009 Department: Council Subject: Appointments/Reappointments of Boards and Commission Members – Responsibilities,
training and possible term limits. (Mayor Baldwin requested) BACKGROUND At the request of Mayor Baldwin, Council will discuss better vetting of candidates for the Board and Commission
Members, training duties, responsibilities of the members and possible term limits. FISCAL IMPACT None RECOMMENDATION N/A