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ccreg 01-20-04 . CITY COUNCIL MINUTES REGULAR SESSION 1-20-04 The Schertz City Council convened in Regular Session on Tuesday, January 20,2004 at 7:00 p.m. in the Municipal Complex Council Chambers, 1400 Schertz Parkway, Schertz, Texas. Those present were Mayor Pro-Tem Ken Greenwald, presiding; Councilmembers Carl Douglas, Steve Simonson, Reginna Agee, and Tony Wilenchik. Absent: Mayor Hal Baldwin. Staff present were City Manager Mark Marquez and City Secretary Norma Althouse. #1 EMPLOYEE PROMOTIONS AND RECOGNITION Police Chief Cantrell announced the promotion of Stephen Starr from Lieutenant to Captain in the Police Department. Chief Cantrell also announced that Lynette Wilson was promoted from Animal Shelter Attendant to Animal Control Officer. Also, two new employees, Chris Perry and Jonathan Barr, began employment with the City on December 1, 2003 as Animal Shelter Attendants. . Amy Madison, Community Development Director, recognized two of her employees who had been promoted. They are Misty Nichols and Jonette Ellis who have both been promoted to Planning Technician. Lt. Collins Martin of the Fire Department had written a report to Fire Chief Friesenhahn describing exemplary action by two EMS employees at the scene of an accident. The accident took place on December 2, 2003 at the Quiz at IH-35 and FM 1103. One of the children in the accident was a 10-month old male showing signs of lethargy. Air Life Was called to transport the child. The aircraft they were flying that day was smaller than usual and was unable to allow either parent to accompany the child to the hospital. EMS assured them the child was in good hands and they would call a cab to transport them to the hospital, The mother informed them the family had no money on them and no means whatsoever to pay for a cab Stacey Helm and Preston Wegert gave money to the mother from their own pockets. Dudley Wait, EMS Director felt this demonstrated exemplary behavior on the part of these two EMS employees. Mayor Pro- Tem Greenwald presented a Certificate to the two employees on behalf of the Mayor and City Council Council gave a round of applause to all the above for their promotions and recognition. . 158 #2 SWEARING-IN OF MAYOR PRO-TEM . This item was moved to #13A. Mayor Pro- Tem Greenwald felt since Mr. Douglas who is being sworn in has not experienced being Mayor Pro- Tem yet, he would not subject him to all the public hearings being held this evening. #3 HEARING OF RESIDENTS Mayor Pro- Tem Greenwald explained that anyone wishing to speak at any of the public hearings scheduled for this evening could either speak now or wait until that particular public hearing comes up on the agenda. No one who had signed up chose to speak at this time. .. . #4 APPROVAL OF MINUTES: Regular Session 10-7-03 Mr. Douglas moved to approve the minutes, as written, for the Regular Session of 10-7-03. Mrs. Agee seconded the motion, which carried with the following votes: AYES: Councilmembers Douglas, Simonson, Agee and Wilenchik, and Mayor Pro- Tem Greenwald. NAYS: None. . #5 PUBLIC HEARING: To receive citizen comments on a request from the City of Schertz to rezone a 35Cacre tract of land located 241 feet south of Corridor Loop Road extending 1,613.45 feet on the east side of FM 3009 from Single-Family Residential (R-I) to General Business (GB). Mayor Pro- Tem Greenwald explained the procedures to be followed for the public hearing. Mr. Marquez mentioned this is the Ripps property. Part of the agreement with the City is that a roadway will be constructed. Mrs. Madison pointed out the location of the property on the map. Mr. Marquez related that eight (8) notices were sent to property owners within the required distance and one (1) was returned in favor. Staff recommends approval. There was no one from the public who wished to speak at this public hearing and Council had no questions. Mayor Pro- Tem Greenwald closed the public hearing at this time. . 159 . #6 ORDINANCE; Consider and take action on first reading of Ordinance rezoning 35 acres from Single-FarnilyResidential (R-I) to General Business (GB). Mayor Pro- Tem Greenwald introduced an Ordinance and read the caption as follows: AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE UNIFIED DEVELOPMENT CODE (UDC) ORDINANCE NO. 96-S-28 BY REZONING 35 ACRES FROM SINGLE-FAMILY RESIDENTIAL (R-l) TO GENERAL BUSINESS (GB). Mrs. Agee moved to approve the first reading of an Ordinance rezoning 35 acres from Single-Family Residential (R-I) to General Business (GB). Mr. Wilenchik seconded the motion, which carried with the following votes: AYES: Councilmembers Douglas, Simonson, Agee, and Wilenchik, and Mayor Pro- Tem Greenwald. NAYS: None. . #7 PUBLIC HEARING: To receive citizen comments on arequest from James C. Harden, Jr. to rezone a 0.410+ acre tmct located at the intersection of IH-35 and Plaza Drive from General Business (GB) to Manufactured Home Parks/Subdivision District (MHP/SD). Mayor Pro-Tern explained the procedures to be followed for the public hearing. James Harden of 16940 N IH-35 explained that about two years ago this property was rezoned to General Business. He is trying to get it rezoned back to Manufactured Home Parks/Subdivision District. He wishes to house his employees who are on a Federal Visa Program. Bill Strickland of 5306 Plaza Drive commented that Planning and Zoning recommended this item be forwarded to City Council. He then inquired if the City is going to do driveways and walkways for the other properties. Mayor Pro-Tern Greenwald responded no, that would be up to the individual property owners. It is only City property from the street to the property line. Mrs. Madison noted that when an applicant comes in for platting, these issues are addressed. Mr. Strickland felt the same rules should apply to everybody. . Mr. Marquez advised that eight (8) notices were sent to property owners within the required distance and two (2) were returned in favor and one (1) was returned in opposition. 160 Mayor Pro-Tern Greenwald closed the public hearing at this time. . #8 ORDINANCE: Consider and take action on first reading of Ordinance rezoning 0.410+ acres from General Business (GB) to Manufactured Home Parks/Subdivision District (MHP/SD). Mayor Pro-Tem Greenwald introduced an Ordinance and read the caption as follows: AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE UNIFIED DEVELOPMENT CODE (UDC) ORDINANCE NO. 96-S-28 BY REZONING 0.410+ ACRES FROM GENERAL BUSINESS (GB) TO MANUFACTURED HOME PARKS/SUBDIVISION DISTRICT (MHP/SD). Mr. Simonson moved to approve the first reading of an Ordinance rezoning 0.410+ acres from General Business (GB) to Manufactured Home Parks/Subdivision District (MHP/SD). Mr. Douglas seconded the motion, which carried with the following votes: AYES: Councilmembers Douglas, Simonson, Agee, and Wilenchik, and Mayor Pro- Tem Greenwald. NAYS: None. . #9 PUBLIC HEARING: To receive citizen comments on a request from JWD Management Corpomtion to rezone 62.09+ acres located on Schertz Parkway approximately 200 feet south of Live Oak Road from Residential (R-2) to Residential (R-5). Mayor Pro-Tern Greenwald explained the procedures to be followed for the public hearing. Mr. Marquez explained that Larry Aiken is the potential developer of the property and he ran into some drainage issues. He went on to say one hundred and three (103) notices were sent to property owners within the required distance and seven (7) were returned in favor and eighteen (18) were returned in opposition. Michele Tereletsky of 705 Marilyn Drive stated she is opposed to the rezoning and wishes for the property to remain zoned R-2. James Davidson of 821 Marilyn Drive told Council he had spoken with Larry Aiken, who had answered many of his questions. regarding the economic and environmental issues. Elizabeth Mueller of 701 Marilyn Drive stated her house has been flooded. She then . wondered what happened to the plans for a park. What happened to the plans for ball 161 . fields? Mayor Pro-Tem Greenwald replied there was not enough access. Ms. Mueller than asked who's going to maintain the ditches and Mayor Pro-Tem Greenwald replied the City would do that. Ms. Mueller then asked if the City has an Environmental Impact Study and Mr. Marquez replied the project was approved by EP A. Mr. Marquez added utilities would be moved when necessary, but they would try to keep them underground. Ms. Mueller then wondered why the property was traded. She went to meetings and voted on the park and then all of a sudden she heard they were going to build 300 homes. Ms. Mueller went on to say she has lived in her house for 32 years and it didn't flood until the houses were built on the hill. We need more recreational facilities, not more homes. She then asked Mr. Aiken ifhe would guarantee that her house won't flood and she wants the guarantee in writing. Mr. Simonson pointed out the big ditch they plan to build will prevent flooding. At this time, Larry Aiken asked ifhe could address the issue and was told he could. He explained that the engineers for Jonas Woods designed off-site drainage. He hires professional engineers and Jonas Woods didn't flood anybody. Ms. Mueller was very argumentative and said her house flooded on November 15, 2001 and that was a direct result of the Jonas Woods subdivision being built. There were more heated accusations and Mayor Pro-Tern Greenwald had to use the gavel to bring about some order. . Ms. Mueller then asked if the taxes would go up and Mayor Pro-Tem Greenwald answered they would stay the same. She still insisted it should be a park instead of homes. She then asked how much the City paid for the land and Mayor Pro-Tern Greenwald told her she could find out by submitting an open records request. Mrs. Agee stated the City looked at ball fields and a community center for the land, but decided it wouldn't work. They are looking at another property instead. Ms. Mueller asked if they're trading or selling and Mrs. Agee replied they're trading. Mr. Harden informed Ms. Mueller the Guadalupe County Tax Office would give her the property owners. Mrs. Agee explained they're trying to make a decision for the good of the City, not just one particular area. At this time Mayor Pro-Tern Greenwald asked Ms. Mueller to sit down and she complied. Tom DeKnnder of 801 Marilyn Drive commented he came to listen. When the developer spoke about homes, it fired them up. He's an educator and is not here just to cause trouble. The people who live on Marilyn Drive care about the City. This sends a message to him because he's been told it's a done deal. . Mr. DeKunder went on to say that Mayor Baldwin had told him the homes would not be in the floodplain. They never had a flood in thirty-one years and then in 2001 the 62 acres was a sea. The residents are frustrated and Council doesn't seem to get why they're here. They're tired of homes being buily and will hold the Council responsible if the area floods. 162 James Rhodes of 609 Marilyn Drive stated his home didn't flood, but he watched as other people's did and felt sorry for them. The people on Marilyn were under the impression the land would be a park. They don't think building 300 homes is a good idea. He, personally, is opposed to the building of homes. . William West of 813 Marilyn Drive asked why not till to the other side from the ditch already there. Now they have to get flood insurance and it's not fair. They're beginning to look just like Converse and that's why they didn't move there. Carrie Cherrine of 1216 Colony Drive stated her issues are with the traffic problem. The street is already congested. The streets are not wide enough or good enough to hold future traffic. The last paving job sucked. There are still young families back there and she is just as concerned as they are. She would like to see the old farm house restored. Regarding the property swap, Ms. Cherrine asked why the City is investing in land they can't develop and then having to swap. She then asked Mr. Aiken if their taxes would go up because of new homes being built and he did not know. Mike Searcv. formerlv of 617 Marilyn Drive but now living on Webster asked why they're moving all the dirt ifFEMA was supposed to solve the problem. Are we relying on this gentleman to bail us out? Will the property the City's swapping for accommodate parklands? Have their been any studies done on the traffic impact? There are already 600+ autos in that residential area. There are lots of issues not being discussed or thought out. Peggy Brown of 1508 Chestnut said she had dealt with flooding, but not in her home.. She has dealt with stealing and damage. There are a lot of safety issues. If they're going to put in 300 more homes, she won't feel safe in her home.. That concluded the comments by residents. Mr. Douglas reminded those present this is just a request to rezone the property from R-2 to R-5. He takes exception to some of the items that were brought up. Nothing is a "done deal" until Council votes on it. As far as Council not getting it, they are looking . out for the whole City not just individual areas. 163 . Mr. Douglas remarked he could not render a vote at this time. He suggested at the most convenient workshop, the City Engineer clarify some of the problems brought up tonight. Planning and Zoning voted 5 to 1 against the project. He would still like to have the engineer give a briefing. Mayor Pro-Tem Greenwald said Larry Aiken is the engineer, but Ed Ford checks everything out. Mr. Simonson pointed out the ditch should take this area out of the floodplain, but questioned were raised this evening and we need to have those questions answered, Mrs. Agee agreed. She's not comfortable with the possibility of their homes being flooded. Mr. Wilenchik said Mr. Douglas stole his thunder. The area is already zoned R-2 and he also takes exception to some of the comments made this evening. There may be some validity because they should have done their homework better. It would be a worse mistake to just leave the land sit there. They need to put a lot of credence in what Planning and Zoning says. He's not comfortable voting in favor of the rezoning right now. Mayor Pro- Tem Greenwald acknowledged that both Mr. Douglas and Mr. Wilenchik make a good point. Economic growth doesn't happen overnight. . #10 ORDINANCE: Consider and take action first reading of Ordinance rezoning 62.09+ acres from Residential (R-2) to Residential (R-5). Mr. Douglas moved to table the rezoning request from JWD Management Corporation to rezone 62.09+ acres from R-2 to R-5 until they can get some more facts and answers from the engineers at the next workshop. Mrs. Agee seconded the motion, which carried with the following votes: AYES: Councilmembers Douglas, Simonson, Agee and Wilenchik, and Mayor Pro-Tern Greenwald. NAYS: None. At this time Council took a short break from 8:33 p.m. until 8:43 p.m. #11 PUBLIC HEARING: To receive citizen comments on a request from Verizon Wireless for a Specific Use Permit for a 130-foot communications tower at the southwest comer ofFM 3009 and Live Oak Road. Mayor Pro-Tern Greenwald explained the procedures to be followed for the public hearing. . Richard Taylor, an engineer, was present to represent Verizon. Mr. Taylor commented where they are today is not where they started. It has evolved to a pole for their use and 164 future carriers and evolved to easing aesthetic concerns. When the water tower is . constructed, it will work for their coverage. They are willing to move to the tower. They are asking for a Specific Use Permit for a period of 5 years and will connnit in advance to move to the tower. Mr. Marquez stated twelve (12) notices were sent to property owners within the required distance. One (1) was received in opposition. Mrs. Agee asked how the notices were sent and was told by the U.S. Post Office. Gary Esminl!er of 144 Lincoln said his backyard is directly across from the proposed tower. He understands Verizon's need, but he has never had any problem with his reception. He understands the tower will be relocated onto a water tower owned by the City. Why can't Verizon build the tower on City property nQW versus on funeral home property? They say the building of the water tower will take approximately 2 and Y, years. Why can't they build on City property in the meantime? Mr. Marquez answered because the property on which the water tower is proposed to be built has yet to be acquired. Mr. Esminger brought up a second problem. City Council and Planning and Zoning should be congratulated for keeping FM 3009 aesthetically pleasing. This telecommunications tower is an ugly tower. It is a perfect perch for vulchers. William Fair of 125 Richardson said he has three issues with the tower. (1) He's . opposed. and the representative here from the Catholic Church is opposed. (2) He doesn't understand the approval by Planning and Zoning. Do they want one temporary one or three? Others are looking. (3) What if the property for the water tower can't be acquired? Mr. Marquez emphasized they will acquire it. Henry Gutierrez of 2221 FM 3009 said he is a neighbor adjacent to the Schertz Funeral Home. The funeral home is a good neighbor and Verizon representatives are good people. He feels the tower is out of place with the aesthetics of the area. He doesn't lose calls and his business doesn't lose calls. He didn't hear about this until Planning and Zoning approved it. He recommends it be tabled until he and the neighbors can look at a plan. Mr. Gutierrez felt it is unusual they asked for a low spot when there are high spots available. There are other locations off FM #009 that would be better for the residents. He thinks City Council has done a great job protecting FM 3009 and Schertz Parkway. He suggested they ask Verizon to look for a high spot. Mayor Pro-Tern Greenwald verified that Mr. Gutierrez had not been notified by mail. Mr. Guitierrez stated that's correct. Robert Brockman of 4505 Grand Forrest asked how tall the tower is in the business park. Mr. Marquez replied it is 200' and the one behind City Hall is 85'. Mr. Brockman then . asked what would happen if it fell on the funeral home property and Mr. Marquez assured 165 . . him it is designed to fall on itself. Mr. Fair (who spoke previously) said it would fall on the Church property. The engineer from Verizon pointed out it sets inside stakes and would not reach the Church property. The engineer from Verizon mentioned they try to please the masses as efficiently as possible and then showed a chart dmwing of the tower on Randolph Air Force Base. Mr. Douglas inquired if radiation stndies were accomplished. The engineer from Verizon replied yes, they look at what's on land as well as the elevation. Then they drive around and measure the signal and do comparisons. They have towers in the area on Randolph Air Force Base, in Cibolo and in Seguin. Mr. Fair of 125 Richardson pointed out the old landfill is approximately 25 feet higher and more condensed and asked if they had considered it as a location for the tower. The engineer from Verizon replied it is too far away from the homes. Mrs. Agee had several issues. First of all, she thinks it's ugly. Second, she's surprised it was approved by Planning and Zoning since they are so concerned about signage. Third, she hasn't dropped a call on her cell phone. Fourth, she's not in favor of a tOwer amongst houses. Finally, what happens if the water tower doesn't go up? . Mr. Esminger of 144 Lincoln verified the request for the Specific Use Permit is for five years and was told that is correct. Mrs. Agee stressed once again she doesn't understand why they're trying to fix a problem when the people in her subdivision don't have a problem. There was some discussion about radiation and Mr. Douglas commented mdiation patterns can vary within ten feet and as little as three feet can make a difference. One of the engineers from Verizon explained this is electromagnetic energy just like a mdio. Mrs. Agee asked if they had studies to back that up. David Richmond of 2921 Bent Tree and Chairman of the Planning and Zoning Commission said he appreciates all the comments. from the citizens. The Commission worked long and hard on issues before recommending approval of the tower in the business park. He thinks it's one of the best looking ones in the state of Texas. Mr. Richmond went on to say for those advocates of aesthetics, Verizon will paint this tower white and it will be less obtrusive than the large tower. Verison has said they would work with the City in putting their tower on the water tower when it's up. He's definitely in favor of having one tower versus two or three. Mayor Pro- Tem Greenwald closed the public hearing at this time. . #12 Consider and take action on above request for a Specific Use Pennit. 166 Mr. Simonson moved to approve the request from Verizon Wireless for a Specific Use . Permit for a 130-foot telecommunications tower at the southwest corner ofFM 3009 and Live Oak Road. Mr. Wilenchik seconded the motion, which carried with the following votes. AYES: Councilmembers Douglas, Simonson and Wilenchik, and Mayor Pro-Tem Greenwald. NAYS: Councilmember Agee. #13 ORDINANCE: Consider and take action on first reading of Ordinance establishing City Council as the final body of appeal for actoins by City Boards, Commissions and Committees. Mayor Pro- Tem Greenwald introduced an Ordinance and read the caption as follows: AN ORDINANCE ESTABLISHING THE CITY COUNCIL AS THE FINAL BODY OF APPEAL FOR ACTIONS BY CITY BOARDS, COMMISSIONS AND COMMITTEES. Mr. Marquez advised there have been no changes to the Ordinance since it was discussed at the workshop. . .__.._____ ___________ Mr. Douglas moved to approve the first reading of an Ordinance establishing the City Council as the final body of appeal for actions by City Boards, Commissions and Committees. Mr. Wilenchik seconded the motion, which carried with the following votes: AYES: Councilmembers Douglas, Simonson, Agee and Wilenchik, and Mayor Pro- Tem Greenwald. NAYS: None. #13A SWEARING-IN OF MAYOR PRO- TEM Mr. Douglas was sworn in as the new Mayor-Pro-Tem by current Mayor Pro-Tem Greenwald and congratulated by Council. #14 EXECUTIVE SESSION: Called under Chapter 551 Texas Government Code, Sub-Section 551.072, Delibemtion regarding real property. An Executive Session was held from 9:46 p.m. until 1 0:33 p.m. #15 Action, if any, on above Executive Session. . 167 . No action was required. #16 Items by City Manager General Announcements Mr. Marquez had nothing to report. #17 Items by Council General Announcements Councilmember Douglas Liaison - EDC Liaison - Schertz Library Board Mr. Douglas had nothing to report. Councilmember Simonson 4-B Board Liaison - BVY A Mr. Simonson had nothing to report . Councilmember Agee 4-B Board Liaison - Schertz Housing Authority Mrs. Agee had nothing to report. Councilmember Wilenchik 4-B Board Liaison - Schertz Humane Society Liaison - HOA Coalition Ex-officio - TSAC Mr. Wilenchik had nothing to report. Councilmember Greenwald 4-B Board Ex-officio - P&Z Commission Ex-officio - S/SLG Corporation . Mr. Greenwald reported that regarding the Schertz/Seguin Local Government Corporation, wells 7 and 8 are up and running, service lines to the plant are under contract, and there are still a couple of problems with wells seeping and it looks like legal action may be taken. Mr. Marquez added they are serving both cities off of three wells. 168 - -,c . Mrs. Agee said she had forgotten to ask something when it was her turn. Is there anything going on with the water in the school area to make it brown? Asst. City Manager, John Bierschwale, said it probably isn't flushed correctly and they will a send a crew to check it out. #18 Items by Mayor General Announcements Mayor Baldwin was absent. #19 ADJOURNMENT There being no further business to meeting at 10:38 p.m. Douglas adjourned the ATTEST: . ~ ~/4d) City Secretary, City of Schertz, Texas . 170