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ccreg 02-03-04 . 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. . 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 . - rezomng. . . 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. 183 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. . 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. 184 . 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. . 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: . 185 ORDINANCE NO. 04-S-02 . 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 . 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. . 186 . 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. . 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. . NAYS: None. 187 #8 ORDINANCE: Consider and take aGtion on first reading of Ordinance regarding Stop Signs on Circle Oak. . 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. . 188 . 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. . 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. . 189 · 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 . · 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. . 190 . · 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. . · 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: . ~~(!-dr.<) City Secretary, City of Schertz, Texas 191