ccreg 02-03-04
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CITY COUNCIL MINUTES
REGULAR SESSION
FEBRUARY 3, 2004
The Schertz City Council convened in Regular Session on Tuesday, February 3, 2004 at
7:00 p.m. in the Municipal Complex Council Chambers, 1400 Schertz Parkway, Schertz,
Texas. Those present were Mayor Hal Baldwin,. presiding; Councilmembers Carl
Douglas, Steve Simonson, Tony Wilenchik and Ken Greenwald. Absent:
Councilmember Reginna Agee. Staff members present were City Manager Mark
Marquez and City Secretary Norma Althouse.
Mayor Baldwin asked everyone to rise and join him in the Pledge of Allegiance to the
Flag.
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After the Pledge, Mayor Baldwin was asked to step down ftOlll the podium for a
presentation by Zenobia Coverson. The Mayor's family members and some of his
friends were present. Mrs. Coverson thanked the Mayor for all his support for the
Forgotten Child Program and for nominating her as the City of Schertz Hometown
Hero. She introduced some of her supporters who were in the audience and then
presented the Mayor with a Certificate of Appreciation. Mayor Baldwin thanked Mrs.
Covers on for the honor and praised all her hard work on behalf of the Forgotten Child
Program. He then informed her a reception would be held in the Conference Room for
her and her friends.
#1 HEARING OF RESIDENTS
David Richmond of 2921 Bent Tree Drive mentioned that several meetings ago he had
raised the question about permits for solicitation. He understands that now if you are
soliciting and only leave a flyer you don't need a pennit, but if you engage in business
with the resident, then you do need a pennit. His prime concern is safety and he feels
everyone should be required to have a pennit. The City is growing and they are getting
more and more solicitors.
Mike Searcv of 101 Webster Drive related his wife owns 617 Marilyn Drive and she
wonders if the City has pursued selling the land across from City Hall and is it going up
for bid. Some of the residents on Marilyn Drive are satisfied with the development of the
land and some are not. Many of them don't want more jeopardy to their property. They
are concerned about the backflow of water. They wonder if FEMA and the Corp of
Engineers will take thern out of the floodplain. Basically, many of them are against the
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rezomng. .
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Michele Tereletsky of 705 Marilvn Drive pointed out if they build 300 homes, that's a
minimum of 600 vehicles, and that doesn't include emergency vehicles. Where are they
going to evacuate .the residents to in case of a flood? She is against the rezoning.
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Robert Brockman of 4505 Grand Forrest inquired if the City got a new Public .
Information Officer., Mr. Marquez replied that James Sehindler Would come on board as
of February 9th.
Karen Garcia of ~44 Marilyn Drjv\,\l stated she is looking forward to the building of the
houses. A parks causes trouble, but people are responsible for houses.
#2 Presentation of franchise check by Darren Schauer, General Manager and CEO of
Guadalupe Valley Electric Co-op, Inc.
Mr. Schauer introdul:ed several other members of the GVEC Board, among them Lou
Borgfeld and Tom DeKunder of the Schertz area. He remarked that Marcus PridgeQll
had started the tradition of coming in person to present the franchise check to the City
and he is continuing that pmctice. He thanked the City for the relationship.
Mr. Sl:hauer went on to say that when he read the newspaper article about Elbel Road, it
was the first time he was aware that GVEC was causing a delay. To the best of his .
knowledge, GVEC's part was completed last October.
Mr. Schauer then presented a check for over $51,000 to Mr. Marquez. He also offered
continued support to the City of Schertz. Mayor Baldwin thanked him and said they are
always glad to see representatives from GVEC.
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Mr. Simonson commented the City has always had great cooperation from GVEC and
thanked them for being a good corpomte partner.
#3 ORDINANCE: Consider and take action on final reading of Ordinance rezoning .
62.09 acres from R-2 (Residential) to R-5 (Residential). (Silber property)
Mayor Baldwin introduced an Ordinance and read the caption as follows:
ORDINANCE NO. 04-S-04
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TExAS AMENDING
THE UNIFIED DEVELOPMENT CODE (ODC) ORDINANCE NO. 96-S-28 BY
REZONING 62.09+ ACRES FROM RESIDENTIAL (R-2) TO RESIDENTIAL
(R-5).
Mr. Marquez commented they had held the public hearing and heard from the citizens.
There are two engineers present this evening if anyone has questions. Mr. Simonson
added the drainage has to meet all City, State and Federal regulations. Mr. Marquez
noted there is a drainage fee in the water bill specifically to address that problem.
Mr. Marquez went on to say that the rain in 1998 was unusual. Schertz Parkway was
built to help solve the flooding problem. If a large amount of water comes from Cibolo .
Creek, there will still be a disaster.
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Mr. Simonson added that the ditch has been designed to take care of water on the Kramer
property.
Mayor Baldwin asked Don McCrary of Don McCrary and Associates tG address the
problem. Mr. McCrary explained that all they're dealing with is local water. There is a
channel behind the lots and some water will drain toward the ditch. Other water will be
intercepted.
Developer, Larry Aiken, pointed out there is no undergro\lnd drainage. This is surface
drainage. A flow line is already established and the engineer told him what to do to
capture that water. The City, the Engineers and FEMA designed this ditdl according to
standards. They are not interested in causing a problem in the community. They will
follow all regulations and will be responsible corpomte citizens. If anyone has qUe$tions,
they can call him.
Mayor Baldwin explained it is not feasible to develop this property as R.2. Even if they
did, there are still some criteria to follow. If the property remained a park, he doesn't
know that the City would do any drainage. They are trying to look at the best scenario
for the property. These are professional engineers and we have to rely on that We have
ways to get them to correct errors if they oecur. As long as they conform to policies and
laws, we can't stop them.
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Mr. Greenwald commented he thinks these people would be here complaining if we had
put in a park. They would be complaining about lights, kids, tournaments, noise, etc.
Mr. Simonson stressed they needed 10 acres for drainage (that's why they bought the
property), otherwise they would have lost out on the FEMA grant.
Mr. Greenwald moved to approve the final reading of an Ordinance rezoning 62.09 acres
from R-2 (Residential) to R-5 (Residential). Mr. Simonson seconded the motion, which
carried with the following votes:
AYES: Councilmembers Douglas, Simonson, Wilenchik and Greenwald.
NAYS: None.
#4 ORDINANCE: Consider and take action on final reading of Ordinance rezoning 35
acres from R-l (Residential) to GB (General Business). (Ripps property)
Mayor Baldwin introduced an Ordinance and read the caption as follows:
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ORDINANCE NO. 04-S-02
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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).
Mr. Douglas moved to approve the final reading ofan Ordinanre rezoning 35 acres from
Single-Family Residential (R-l) to General Business (GB). Mr. Simonson seconded the
motion, which carried with the following votes:
AYES: Councilmembers Douglas, Simonson; Wilenchik and Greenwald.
NAYS: None.
#5 ORDINANCE: Consider and take action on final reading of Ordinance rezoning
0.410+ acres from GB (General Business) to MHP/SD (Manufactures Home
Parks/Subdivision District). (Harden property)
Mayor Baldwin introduced an Ordinance and read the eaption as follows:
ORDINANCE NO. 04-S-03
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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/SUBDMSION DISTRICT (MHP/SD).
Mr. Greenwald moved to approve the final reading of an Ordinance rezoning 0.410+
acres from General Business (GB) to Manufactured Home Parks/Subdivision Distriet
(MHP/SD). Mr. Wilenchik seconded the motion, which carried with the following votes:
AYES: Councilmembers Douglas, Simonson, Wilenchik and Greenwald.
NAYS: None.
#6 Overview ofWal-Mart Project
Mr. Marquez commented this is a terrific project.
Amy Madison, Economic Development Director, stated it has been a long time coming
and they are very proud. The papers were signed today. Eric White has dedicated
property in order for us to have inner circulation. There will be a three-way traffic light.
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Mrs. Madison went on to say the Site Plan has been approved. There will be 157 trees
versus the 105 required. There will be a landscaping berm. She showed a diagram of .
what the project will look like. Planning and Zoning has looked at the signage. The
development will he 203,000 square feet. It comes with no tax abatement. Mr. Marquez
added it will open the first quarter of2005.
Mrs. Madison then asked if Council has any questions. Mayor Baldwin asked if this
means we've arrived. Mrs. Madison replied yes.
Mrs. Madison went on to say to get a sit down restaurant, you have to have many things
such as parcels and rooftops. The availability for a restaurant is attractive. She asked for
a list of the top three restaurants Council would like to see come to the City.
Mr. Simonson asked if they compared the landscaping plan to other WaI-Marts. Mrs.
Madison answered they worked very hard on the landscaping plan.
Mayor Baldwin jokingly remarked they need to be assured Abel's remains open.
Mr. Greenwald mentioned that Planning and Zoning made some good suggestions for
signs.
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Mr. Marquez stressed they need to think this through very carefully because more
development is coming.
Mr. Douglas inquired how this compares to HEB and Mr. Simonson answered HEB is
approximately 90,000 square feet.
#7 . ORDINANCE: Consider and take action on first reading of Ordinance calling for
election on May 15, 2004.
Mayor Baldwin introduced an Ordinance and read the caption as follows:
AN ORDINANCE
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, CALLING AN
ELECTION TO BE HELD ON MAY 15, 2004 FOR THE PURPOSE OF
ELECTING A MAYOR AND TWO COUNCIL MEMBERS FOR SAID CITY.
Mr. Greenwald moved to approve the first reading of an Ordinance calling an election to
be held on May 15, 2004 for the purpose of electing aMayor and two Council Members
for said City. Mr. Wilenchik seconded the motion, which carried with the following
votes:
AYES: Councilmembers Douglas, Simonson, Wilenchik and Greenwald.
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NAYS: None.
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#8 ORDINANCE: Consider and take aGtion on first reading of Ordinance regarding
Stop Signs on Circle Oak.
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Mayor Baldwin introduced an Ordinance and read the caption as follows:
AN ORDINANCE
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS PROVIDING
THAT THE CODE OF ORDINANCES OF THE CITY OF SCHERTZ, TEXAS BE
AMENDED BY REVISING SECTION 1849 STOP INTERSECTIONS -
DESIGNATED THREE-WAY STOPS; AND PROVIDING A REPEALING
CLAUSE.
Mr. Wilenchik Illoved to approve the first reading of an Ordinance regarding Stop Signs
on Circle Oak. Mr. Greenwald seconded the motion, which carried with the following
votes:
AYES: Councilmembers Douglas, Simonson, Wilenchik and Greenwald.
NAYS: None.
#9 ORDINANCE: Consider and take action on final reading of Ordinance establishing .
City Council as final body of appeal for actions by City Boards, Commissions and
Committees.
Mayor Baldwin introduced an Ordinance and read the caption as follows:
ORDINANCE NO. 04-M-05
AN ORDINANCE ESTABLISHING THE CITY COUNCIL AS THE FINAL.
BODY OF APPEAL FOR ACTIONS BY CITY BOARDS, COMMISSIONS, AND .
COMMITTEES.
Mr. Simonson moved to approve the final reading of an Ordinance establishing City
Council as 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, Wilenchik and Greenwald.
NAYS: None.
#10 CONTRACT: Consider and take action regarding approval ofBVY A contract.
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Mr. Douglas moved to approve the contract. with BVY A. Mr. Greenwald seconded the
motion, which carried with the following votes:
AYES: Councilmemberil Douglas, Simonson, Wilenchik and Greenwald.
NAYS: None.
#11 Consider and take action regarding rate increase request from Bexar Waste.
Mr. Marquez explained this is a rate increase for Bexar Waste and they are entitled to
request this annually, This is not an Ordinance change, only a change to the Exhibit.
Mr. Simonson mov~ to approve the mte increase request from Bexar Waste. Mr.
Greenwald seconded the motion, which carried with the following votes:
AYES: Councilmembers Douglas, Simonson, Wilenchik and Greenwald.
NAYS: None.
#12 EXECUTIVE SESSION: called under Chapter 551 Texas Government Code,
Sub-Section 551.072, Consultation with Attorney regarding deliberation of real property.
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Before moving to the Conference Room for an Executive Session, Council took a short
break.
After the break, an Executive Sessionwas held from 8:40 until 9:26 p.m.
After the Executive Session, Council moved back to the Council Chambers.
#13 Action, ifany, on above Executive Session.
No action was necessary.
#14 Items by City Manager
General Announcements
Trail Riders
TML Region 7 Dinner
Sale ofFireTruck
· Advised they have gone through the process of the sale of the fire truck and the
Fire Department will get the funds from the sale.
. Noted the Schertz Tales has been delayed, but they are working on it.
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· Mentioned the Trail Riders will collie through Sl:hertz for their annual stop at the .
park pavilion for stew this Thursday at 11 :00 a.m. Mayor Baldwin told everyone
they are invited to come and help cook.
· Announced there will be an Economic Development item on February 9th with
Amy Madison - KSAT 12 will interview her.
. Stated the next TML Region 7 meeting is tentatively scheduled for Mareh 4th.
#15 Items by Council
General Announcements
Councilmember Douglas
Liaison - EDC
Liaison - Schertz Library Board
· Inquired who was going to the Chamber of Commerce luncheon and was told Mr.
Marquez, Amy Madison and James Schindler:
Councilmember Simonson
4-B Board
Liaison - BVY A
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· Questioned where we are with the fire station on IH-35. Mr. Bierschwale, Asst.
City Manger, informed him the plans are in the final phase.
Councilmember Agee
4-B Board
Liaison - Schertz Housing Authority
Mrs. Agee was absent.
Councilmember Wilenchik
4-B Board
Liaison - Schertz Humane Society
Liaison - HOA Coalition
Ex-officio - TSAC
· Asked the status of the Animal Control Ordinance. Mr. Marquez advised him it is
complicated, but they are working on it.
· Inquired about the status of the land use plan review. Mr. Marquez said they are
working on a timeline plan. Hopefully he will have further information for the
next workshop.
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· Questioned if there's a need for a Charter review. Mr. Spain replied he keeps
notes. Mr. Greenwald asked if there's any significant changes that need to be
made to it and Mr. Spain replied no. If it is amended, it can't be done again for
two years. It would be best to do it in conjunction with another election.
· Wondered about the status of the ordinance review. Mr. Marquez thought there
might be a need to hire an additional person to accomplish this.
Councilmember Greenwald
4-B Board
Ex-officio P&Z Commission
Ex-officio - S/SLGC
· Reported the City will get the money back they loaned the Schertz/Seguin Local
Government Corporation on the bridge. There has been a settlement of $650,000.
#16 Items by Mayor
General Announcements
· Wondered if the Lutheran Church had been contacted about their sigu on Schertz
Parkway. Mr. Marqyez said he would find out.
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· Asked if the issue about the City's sign on Schertz Parkway had been resolved.
Mr. Marquez assured him they are working on it.
· Mentioned political candidate signs on poles. Mr. Spain advised the City can't
regulate those.
· Noted there is a Grand Opening this Friday for one of the businesses in the strip
center.
#17 ADJOURNMENT
There being no further business to discuss, Ma
p.m.
ed the meeting at 9:55
ATTEST:
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~~(!-dr.<)
City Secretary, City of Schertz, Texas
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