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02-03-09MINUTES REGULAR MEETING February 3, 2009 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on February 3, 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 Councilmember David Scagliola Councilmember Tony Wilenchik Councilmember Jim Fowler Councilmember John Trayhan Staff Present: City Manager Don Taylor Assistant City Manager David Harris Mayor Pro-Tem Carpenter was absent. CALL TO ORDER REGULAR MEETING Assistant City Manager John Bierschwale City Secretary Brenda Dennis 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. HEARING OF RESIDENTS Mayor Baldwin recognized and welcomed Mark Gonzales, Constituent Service Representative with Congressman Henry Cuellar office who was in the audience. Mayor Baldwin recognized Schertz Chamber of Commerce President Frances Rushing who announced the following: Thanked Mayor Baldwin and Councilmember Scagliola for attending the monthly luncheon, Friday, January 30, 2009. Mayor Baldwin recognized Carl Douglas, 2550 Woodland Village, who address the Council on the following concerns: 33 mph non regulatory speed limit signs on Schertz Parkway, is it a necessity City Charter requirement specifies that Members of the Planning and Zoning Commission must be owners of property within the City, no other elected official or other member of the city government is required to be a property owner, only a resident and from what he can tell it is not a requirement in the state statue and was wondering why the City had it as a requirement. • Regarding the savings from the Lower Water Crossing project that was part of the 2006 Bond Election for drainage, would it be possible to spend the remaining on the Library water reclamation project? Mayor Baldwin recognized David Richmond, 2921 Bent Tree Drive, who spoke on the following issues: • Notice in paper regarding Transportation Commission and issue regarding the commuter rail program; stated he wanted the city to stay a vital member of this. • Understaffed issues at the new post office. • Council consider item on a future agenda to clarify the interpretation of the roll of the Liaisons. Mayor Baldwin recognized the following who spoke "against" Agenda Item 5 - Emergency Gate to Exit only Gate in Berry Creek Subdivision: o Ed Trayhan, 2800 Hillview Lane • James Drnek, 2805 Hillview Lane • William Brown, 2601 Kingsland Circle Mayor Baldwin recognized Lisa Grimm, 2837 Berry Trace, who spoke "in favor" of Agenda Item 5. Mayor Baldwin recognized Robert Brockman, 1000 Elbel Road who spoke regarding the Trail Riders arriving on Thursday, February 12, 2009 and will set up at the Pavilion. Mr. Brockman also asked about the trailer that used to be at Fire Station No. 2. Staff stated that it had been sold at auction. Discussion and/or Action Items Mayor Baldwin moved Agenda Item 5 to the beginning, Council concurred. 5. Emergency Gate -Berry Creek Subdivision- Discussion and/or action approving the recommendation to convert Emergency Gate to Exit Only Gate in Berry Creek Subdivision. (L. Dublin) Mayor Baldwin recognized City Engineer Larry Dublin who introduced this item stating this item has been discussed several times at TSAC meetings. The item was first brought up at the December 4, 2003 meeting. The TSAC Chairman at the time, Mr. Allen, along with a Berry Creek HOA representative, brought to the attention of the TSAC board members the increasing difficulty and dangerousness the Berry Creek residents are experiencing when trying to turn out of the subdivision onto FM 3009. The Police Chief at the time, Chief Cantrell, suggested a traffic study be performed. A traffic study was not performed, and the next time this item came back to TSAC was at the September 4, 2008 meeting. Berry Creek HOA President Lisa Sidbury brought this issue to the board members attention again and City Engineer, Larry 2-3-09 Minutes Page - 2 - Dublin, recommended that a traffic study be performed on Hillview Lane for seven days, with the gate being open from Sam - 9pm. Ms. Sidbury said she would have to meet with her HOA to get the approval to do the traffic study. Ms. Sidbury returned at the November 6, 2008 meeting and reported that the majority of the homeowners were interested in converting the gate and to go ahead with the traffic study. A traffic study was conducted from November 16-22, 2008 and the results were to be discussed at the December 2008 TSAC meeting. A letter was sent to the Woodland Oaks HOA President, Mr. Will Brown, letting him know of the traffic study and Woodland Oaks sent back a petition expressing their concerns and their statement that the emergency gate not be converted. At the December 2008 meeting, Mr. Dublin briefed the Commission on the results of the traffic study that showed that 34 cars exited the open gate a day with an average of four cars per hour. Sam Willoughby suggested that the item be tabled until the January 2009 meeting so a representative from Woodland Oaks HOA could be present to hear the discussion. At the January meeting, the Commission heard from Mr. Dublin again, as well as a representative from Berry Creek HOA and Mr. Brown, Woodland Oaks HOA President. After discussion, Mr. Dublin's recommendation was to convert the emergency gate to an exit gate and to take the item to Council. With a 4-3 vote, the Commission agreed with Mr. Dublin's recommendation and a motion was made to take the item to Council. A five-day traffic study was recently performed from January 16-21, 2009 on Woodland Oaks Drive to monitor the traffic on that road. Mayor Baldwin recognized Councilmember Trayhan who asked if there was consideration of placing a stop sign at Mossy Lane if the exit opened. Mr. Dublin answered "yes" and he would recommend aspeed -limit sign be placed there as well. Councilmember's Trayhan, Scagliola, Fowler and Wilenchik stated concerns regarding Woodland Oaks and Berry Creek HOA'S not talking to each other, Berry Creek HOA not getting 100% vote of their homeowners for the Gate exit issue. Councilmembers also expressed concerns that Berry Creek HOA needs to look at their by-laws and covenants. Councilmembers discussed that when citizens bought in the subdivision it was on the premise that there was only one-way in and one- way out and the exit was an emergency exit only. Item Failed -lack of motion. 1. Ordinance No. 09-S-06 -Public Hearing (continued from January 27, 2009) regarding the revised Unified Development Code (UDC) comprised of zoning, subdivision and other related land use regulations by superseding Ordinance No. 96-5-28. (K. Mitchell) Mayor Baldwin stated that the Public Hearing was be left opened at the January 27, 2009 meeting and recognized Karen Mitchell, Mitchell Planning Group who stated that she has been incorporating changes and issues given by citizens, staff, and Council and will 2-3-09 Minutes Page - 3 - continue to do so until the document is ready to come to Council for first reading. Mayor Baldwin continued the public hearing and recognized the following citizens who spoke regarding the revised UDC: • Carl Douglas, 2550 Woodland Village addressed concerns regarding Section 21.14.6 regarding sidewalks and hike and bike trails subparagraph H states "Hike and bike trails shall be installed on both sides of all State highways adjacent to the ROW." He stated from Woodland Oaks Blvd. down to Dimrock the Woodland Village HOA's concrete fence borders the ROW of 3009. He stated if a decision were made to put sidewalks on both sides of 3009 would the City be entertaining an Immanent Domain condemnation to take private property. Ms. Mitchell stated under the current UDC sidewalks are required which includes state highways. As she understood it when 3009 came in, sidewalks were not included because of the safety issues. She stated this it is in the UDC for future developments and would be included in the platting process and the developer would provide sidewalks and or hike and bike trails in development on private property and was intended for non residential not intended to go into anyone's backyard. • Jan Wilson, 5218 Cabana Drive, addressed the set back issues as well as concerns on the approval process and the steps. As no one else spoke, Mayor Baldwin closed the public hearing. 2. Minutes -Discussion and/or action regarding the approval of the minutes of the Joint Worksession and Regular Meeting of January 27, 2009. Mayor Baldwin recognized Councilmember Trayhan who moved, seconded by Councilmember Scagliola to approve the minutes of January 27, 2009. Vote was unanimous. Motion Carried. 3. Ordinance No. 09-D-04 -Discussion and/or action approving Ordinance No. 09-D- 04 -Temporary speed limit reduction on FM 3009, North and Southbound directions between mile point 4.679 and mile point 4.527 between mile point 23.663 and mile point 23.012. Final Reading (L. Dublin) Mayor Baldwin recognized City Engineer Larry Dublin who introduced this item stating there was no change since the first reading. Mayor Baldwin recognized Councilmember Wilenchik who moved, seconded by Councilmember Trayhan to approve Ordinance No. 09-D-04 final reading with correction to change from 2008 to 2009. Vote was unanimous. Motion Carried. 4. Ordinance No. 09-D-OS -Discussion and/or action approving Ordinance No. 09- D-OS amending Section 86-89 Traffic Light Locations on Schertz Parkway. Final Reading (L. Dublin) 2-3-09 Minutes Page - 4 - Mayor Baldwin recognized City Engineer Larry Dublin who introduced this item stating there was no change since the first reading. Mayor Baldwin recognized Councilmember Wilenchik who moved, seconded by Councilmember Fowler to approve Ordinance No. 09-D-OS final reading. Vote was unanimous. Motioiz Carried. 6. Resolution No. 09-R-OS - Discussion and/or action regarding approval of Resolution No. 09-R--OS authorizing a purchase and sale contract with Cibolo Farm, LLC, and other matters in connection. (J. French) Mayor Baldwin recognized City Engineer Larry Dublin who introduced this item stating the City has previously negotiated and approved the purchase of the Cibolo Farm, LLC property that is involved in the Upper West Dietz Creek Drainage Project. The Public Works Department has agreed to certain modifications to such purchase. The agreement is to include $67,000 as the purchase price for the Property, $5,000 (maximum) to plant trees along the new property line of seller adjacent to he property and $50 for the unrestricted right for Schertz to terminate the Contract any time prior to closing, Mr. Dublin stated the total fiscal impact cost is $72,050. Mayor Baldwin recognized Councilmember Scagliola who moved, seconded by Councilmember Fowler to approve Resolution No. 09-R-O5. Vote was unanimous Motion Carried. Requests and Announcements 7. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. Mayor Baldwin recognized Councilmember Fowler who asked if staff could bring an item to Council regarding the possibility of building firebreaks within the City due to the extreme dryness specifically in the North Cliff area, Councilmembers concurred. 8. Requests by Mayor and Councilmembers to City Manager and Staff for information. No information requested. 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 2-3-09 Minutes Page - 5 - Mayor Baldwin stated he and members of staff attended a meeting today with Gonzales County Water District and the Schertz Sequin Local Government Corporation Board of Directors; the discussion was to get some action started on the four permits they asked the Water District to approve. Mayor stated that these were in limbo until a lawsuit from SAWS was settled. 10. Announcements by City Manager • Recognition of City employee actions • New Departmental initiatives • Upcoming City Council agenda items Mayor Baldwin recognized City Manager Don Taylor who announced that the Planning and Zoning Commission, Board of Adjustments Members and staff would be attending an APA Training Conference in El Paso this Wednesday through Saturday. ADJOURNMENT As there was no further action, Mayor Baldwin adjourned t e meeting at 7:47 p.m. <~,~ Hal Baldwin, Mayor ATTEST: Brenda Dennis, TRMC, CMC City Secretary 2-3-09 Minutes Page - 6 -