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ccrg 12-16-03 Schertz City Council – Regular Session Tuesday, December 16, 2003 The Schertz City Council convened in regular session on Tuesday, December 16, 2003 at 7:00 p.m. in the Municipal Complex Council Chambers, 1400 Schertz Parkway, Schertz, Texas. The following members were present: Mayor Hal Baldwin presiding, Councilmembers Carl Douglas, Steve Simonson, Reginna Agee, and Tony Wilenchik and Ken Greenwald. Staff members present were City Manager Mark Marquez and Deputy City Secretary Mary Ybarra. Mayor Baldwin welcomed everyone and asked that everyone rise and join him in the pledge of allegance. Mayor Baldwin stated this evening recognition of some special people would take place along with reflection of happenings throughout the City for the past two to four weeks. The City has gone from a nice City to a very well lit City. It’s great to see the participation throughout the City of Christmas decorations. The City each year tries to add decorations to existing ones and this year the City has a new Christmas tree and has placed large angels at City facilities carrying the theme of “Festival of Angels. Before presentation, Ms. Madison recognized committee members: Chairman, Kim Moss, and assistances Donna Olson, and Jackie Corbier. Recognition also went out to staff members, Jonette Ellis, Gail Douglas, Carl Douglas, Tony Wilson and residents Dan & Amy Christensen. She gave special recognition to Dan & Amy Christensen. Both Dan and Amy Christensen have been chosen as Grand Marshals for the Christmas parade this year. She went on and gave a short history on Dan Christensen involvement with the City; playing the role of Santa, resident for 34 years and serving on Christmas committee for several years. This year he and Amy will be riding in the Christmas parade and honored as Grand Marshals for the many years of service to the City. At this time, winners of the “2003 Festival of Angels-Lightning Contest” were recognized. #1 PRESENTATION OF CHRISTMAS LIGHTING AWARDS. Mayor Baldwin stated 22 entries were received and out of these entries the committee selected the top 10. Before acknowledging the top 10 winners, the 12 remaining entries were read. The winners were presented with angel statuettes and Festival of Angel logo T-shirts. Ms. Madison informed everyone that T-shirts (Festival of Angel logo) were available for sale for $15 if anyone was interested. Mayor Baldwin thanked all participates for taking part in the contest and added the City of Schertz could definitely compete with the City of Windcrest anytime. (Attached is complete list of contest entries.) Before the next agenda item, Mayor Baldwin read instructions given by City Attorney on procedures regarding citizens speaking. “Hearing of Residents” is an agenda item established that allows residents wishing to speak to do so, with only one exception, which is during a Public Hearing. Under the “Hearing of Residents,” residents may speak on any issue of concern whether or not it’s on the agenda. If the matter is not on the agenda the Texas “Open Meeting Act” places restrictions on how, if at all, Council may respond. If the matter is on the agenda you are asked to please identify the item by agenda number when starting to speak. Residents will be heard on posted agenda items and generally Council will not call on residents later on in the meeting. With this said, Mayor Baldwin continued with the next agenda item. #2 HEARING OF RESIDENTS Barbara Wright at 24550 IH-35N #1, New Braunfels, Texas commented that her business has a New Braunfels address, however is in the City of Schertz and has been for the past twenty years. Her questions and comments are relative to the proposed annexation. In regard to County Commissioners Court meeting she didn’t attend she has questions regarding remarks made by Councilmember Greenwald’s at that meeting. She believes his remarks saying there wasn’t any farm and ranch property, were demeaning to the presence of residents in the area that consider their property farm or ranch property. Her parent’s property (1/2 of what City is annexing is cultivated) and the Schwab property (3/4 of property cultivated) is farm property. She takes offense at his remarks. These property owners are serious when it comes to ranching and farming the area. It’s been a rural area and everyone out there would like to keep it that way. She referenced the Municipal Service Plan passed out at last meeting where it indicates the City would provide Fire and Police protection. She believes City is spread so thin now that she believes the County and City of New Braunfels could respond quicker when needed. The City of Schertz wants to annex more than what it can take care of, why annex more? She covered other issues such as street improvements, storm water management, lighting, public water and solid waste. She is receiving most of these services and others for the past twenty years, what is the City going to do different. Why is the City in such a hurry? There have been extra meetings scheduled to get this annexation process completed. Why is this annexation being pushed down resident’s throats? In conclusion, she believes residents along with her parents will have change (not wanted) in their life when annexation takes place. Vicki Patillo at 112 N. Austin Street, Seguin commented she just stopped by to introduce herself. She is running for District Attorney for Guadalupe, Gonzales and Lavaca Counties. She noted background information, informing Council she has been a resident of Gonzales County for over 23 years, opening her own practice in Seguin in 1987, where she is still practicing law. She will run in the Republican Primary, March 9, 2004, the position District Attorney Bud Kirkendall will not seek. She thanked Council for their time. Mayor Baldwin wished her luck. Dave Allen, TSAC Chairman referenced the passage of new ordinance last month, where it specifies that Samuel Clemens High School can nominate ex- officio member to the Commission. After discussion with school administration and personnel a nominee was selected. He introduced, Adam Wytex who is a Jr. at Samuel Clemens, is a baseball player and participates in other school activities. Appointing Adam to the Commission will take Council action, and is believed the City Manager, will take care of it at a future date. Mayor Baldwin welcomed Adam and stated Council looks forward to working with him. Bill J. Gignac at 173 Valley Oak addressed item #7. He is representing Pastor Monsignor Robbins who is attending another engagement and was unable to attend. Concerns voiced were relative to zoning, notification timeline and parking issues. Mr. Gignac was advised the setting of public hearing date is the issue before Council this evening and that January 20, 2004 would be the th scheduled date. There would be plenty of time for notification purposes and most of Mr. Gignac concerns would be addressed at this time. Susan Schaezler at 19349 Old Wiederstein Road addressed items #4 & #5. An outline covering concerns and other informative material were passed out. Mrs. Schaezler stated her questions regard the Heitkamp/Continental Homes project and widening Wiederstein Road. The residents (seven-7) along Wiederstein Road don’t want it. She wants to know, what is the City going to do with the seven residents, buy them out, very expensive venture? Trees are another issue, will the City destroy the tree line. Continental Homes has escaped tree mitigation with the dedication of 30’ of right-of-way, leaving it up to the City. Mrs. Schaezler presented option indicated on aerial map for use of alternate road, north of LCRA easement. The route not only would help the residents on Wiederstein Road, but also area of endangered species. She would like Council to consider using alternate route, leaving Wiederstein Road alone. Don Schaezler at 19349 Old Wiederstein Road emphasized that the wooded area (forest) is unique and valuable to the habitat. He asked Council to consider making decision to protect the area and possibly consider an alternate route as suggested. He believes the best use of area is possibly usage as park or parkland area. Erika Jucknies representing Continental Homes addressed several issues and passed out information packet for Council. She covered Master Plan, zoning of development (Belmont Park), which consisted of 192.48 acres of General Business (GB) and Residential development. One issue is the zoning of 154.3 acres from RA to R-5. In the course of discussion, there were three concerns addressed, Old Wiederstein Road, Sanitary Sewer and Zoning. On the issue of Wiederstein Road Ms. Jucknies covered the dedication of 30’ of ROW and building of ROW at the front of the development; 1’ overlay on Wiederstein Road beginning at development to Cibolo Valley Drive; development setting precedent for future development. On issue of Sanitary Sewer she covered the Town Creek Sanitary Sewer line and the City’s benefit from the project; developments reasonable financial participation-reduce of lift station. On issue of Zoning she covered the fact that Planning and Zoning staff along with developer had worked very hard and had received a unanimous vote in favor of zoning and master development. She touched on the fact that M-1 (Light Industrial/Manufacturing doesn’t lend itself for this type of zoning and believes the master development plan would provide for taxing income. She noted the City requirement of R-5 require lots to be no less than 5,000 sq. ft., the development plan calls for 50% lots of at 5,500 –7,000 sq. ft. and 50% lots at 7,000 sq. ft. and greater. She continued with the mention of other features connected with the development such as sound barrier; collector road connecting to Old Wiederstein Road unto IH-35 frontage; Hike/Bike trial possibly connecting throughout the City; more park area than the required and quality homes built by the development. At this time, she thanked Council for their time. #3 APPROVAL OF MINUTES: Workshop Session- Oct. 1, 2003 Workshop Session-Oct. 15, 2003 Councilmember Simonson moved to approve minutes of Workshop Sessions, October 1, and October 15, 2003. Councilmember Douglas seconded the motion, which carried with the following votes: AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald NAY: None. #4 Consider and take action removing from the table the request by Continental Homes of Texas L.P. to rezone 192.48+ acres. (Tabled 10-21-03) Mayor Baldwin asked for a motion to remove the tabled issue off the table. Councilmember Wilenchik moved to remove agenda item #4 off the table. Councilmember Greenwald seconded the motion, which carried with the following votes: AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald NAY: None. #5 ORDINANCE: Consider and take action on first reading of Ordinance regarding rezoning 192.48+ acres from General Business (GB) and Residential A (R-A) to 38.2+ acres as General Business (GB) and 154.3+ acres as Residential 5 (R-5). (Continental Homes of Texas L.P.) Mayor Baldwin introduced an Ordinance and read the caption as follows: AN ORDINANCE 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 192.48+ ACRES FROM GENERAL BUSINESS (GB) AND RESIDENTIAL A (R- A) TO 38.2+ 5 (R-5). City Manager Marquez explained the initial concerns regarding sewer and roadway issues were main topics of concern, however is satisfied that with the Town Creek sewer line project coming on line would solve concerns, and as for the (Wiederstein Road) roadway expansion, and after research with staff on different options on widening the road in future, he feels comfortable with options and for those anxious residents he only can say that the expansion won’t happen today or tomorrow, but in the future. It’s something that won’t happen, it’s going to happen. The expansion is part of the City’s master road plan and believes the issue can be resolved to satisfy everyone concerned. He went on to say the zoning establishment was initially setup through the City’s Comprehensive Land Plan as “Light Manufacturing-Technology base, however times do change and today the market clearly indicates residential is the highest and best use of the area. Councilmember Simonson stated his appreciation to Continental Homes for the effort put forth on 1’ overlay, which he believes would help the situation for years to come. In a brief discussion, the feasibility of parallel road as suggested was brought up. Is it an option? It is believed the City would have time to look at other alternatives along the way. One point to consider, let’s look at surrounding areas, and let’s rethink the area, as it continues as residential. Councilmember Wilenchik stated it would make him a bit more comfortable if alternative options were considered if the matter before Council were approved. He believes the issues regarding Wiederstein Road are valid and deserve researching. City Manager Marquez believes the issue would be approached with great thought when the time comes. When an alignment decision is reached, it would have to come before this body for consideration. He believes there is no question; the road has to be done sometime. Councilmember Greenwald pointed out that one thing to remember; it’s not going to happen overnight. He believes residential is more appropriate for the area today, which was not the thought many years ago. Mayor Baldwin stated he believes the development (housing on IH-35) would greatly impact the school district, which is struggling or almost broke with the current enrollment. He believes it would put a heavy burden on the (bused) system with the development of 300+ homes. He went on to say; he doesn’t recall a change in zoning for this particular tract. As of two years ago, “light industrial” was the vision of Planning and Zoning, when did the change come about? If a city of 50 to 75 thousand thinks 2,100 acres is sufficient for industrial development then lets dump this whole tract and go with residential development. However, rooftops don’t help maintain the cost of EMS, Fire, and Police protection that go into building a City. There needs to be plenty of commercial development in order to balance valuations within a City. Not having this balance would increase taxes tremendously. He believes the area (along IH-35) is prime real estate for future development, and once it is given it up to residential development it would continue, at best probably multi-family development, adding to the dilemma facing school district. In his opinion, this is not the place to build houses and he asked Council to consider all the options, after listening to all residents’ comments. Councilmember Agee stated it’s hard to make a decision without knowing what type of zoning is in the surrounding area. She would like to see map showing the actual zoning of these areas. She was advised at next meeting there would be a map indicating the entire area relative to zoning definition. Without further discussion, Councilmember Greenwald moved to approve the first reading of Ordinance rezoning 192.48+ acres from General Business (GB) and Residential A (R-A) to 38.2+ acres as General Business (GB) and 154.3+ acres as Residential 5 (R-5). Councilmember Simonson seconded the motion, which carried with the following votes: AYES: Councilmembers Douglas, Simonson, and Greenwald. ABSTAINED: Councilmember Agee. OPPOSED: Councilmember Wilenchik. Motion carries, three votes to one, with one abstention. #6 ORDINANCE: Consider and take action on final reading of Ordinance regarding proposed assessment roll for Schertz I-35/FM3009 Public Improvement District. Mayor Baldwin introduced an Ordinance and read the caption as follows: ORDINANCE NO. 03-M-39 AN ORDINANCE LEVYING SPECIAL ASSESSMENTS AGAINST PROPERTY IN THE SCHERTZ I-35/3009 PUBLIC IMPROVEMENT DISTRICT IN ACCORDANCE WITH THE PUBLIC IMPROVEMENT DISTRICT ASSESSMENT ACT, SPECIFYING THE METHOD OF PAYMENT AND THE AMOUNT OF THE ANNUAL INSTALLMENTS TO BE PAID. City Manager Marquez advised of no changes (to substance) to above Ordinance. Councilmember Wilenchik moved to approve Ordinance on levying special assessment against property in the Schertz I-35/FM3009 Public Improvement District. Councilmember Greenwald seconded the motion, which carried with the following votes: AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald NAY: None. #7 PUBLIC HEARING DATES: Consider and take action on setting public hearing dates for the following: (a) Request from City to rezone a 35-acre tract of land out of a 160-acre 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-1) to General Business (GB); (b) Request from James Harden to rezone a 0.410+ tract of land located at the intersection of IH-35 and Plaza Drive from General Business (GB) to Manufactured Home Parks/Subdivision District (MHP/SD); (c) Request from JWD Management Corp. to rezone 63.92+ acre tract of land located on Schertz Parkway approximately 200 feet south of Live Oak Road from Residential 2 (R-2) to Residential 5 (R-5) and General Business (GB); and (d) Request from Verizon Wireless for a Specific Use Permit to locate a 130- foot communications tower on the northwest corner of FM 3009 and Live Oak Road (a.k.a. Schertz Funeral Home). Mayor Baldwin advised that January 20, 2004 is the selected date for Public Hearings on the above requests. Without further discussion, Councilmember Greenwald moved to approve January 20, 2004 as Public Hearing date for the above item #7 a, b, c & d. Councilmember Wilenchik seconded the motion, which carried with the following votes: AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald NAY: None. Mr. Gignac was advised that the church diocese would have an opportunity to voice concerns at both the Planning and Zoning Public Hearing of January 13, 2004 and City Council hearing of January 20, 2004 on item #7d. #8 Discuss first reading of Ordinance regarding proposed annexation of approximately 655.5 acres adjacent to the existing City limits line parallel to IH-35 for the North boundary, the City of Cibolo ETJ for the South boundary, and between the existing City limits lines along the Northcliffe Scenic Hills development on the West and the City limits line that parallels Eckhardt Road to the east. City Manager Marquez advised that the City has gone through all requirements, followed timeline, established new services document and recommends proceeding with annexation. The new services document will be mailed out to all those residents in the proposed annexed area. It was pointed out that the new services document is not the final document and the services wouldn’t take place until the adoption of Ordinance. In regard to resident (Wright) not receiving solid waste pickup and lives within the City limits, Mayor Baldwin advised that the individual research on what are the best rates available to her, however because the business is in the City limits, the business is entitled to receive service from the City. Bexar Waste owner Henry Gutierrez would be contacted to look into the matter. City Manager Marquez advised Mrs. Wright to come by the office and he would be happy to explain the State statute on annexation, timeline of services, etc. Councilmember Douglas inquired on status of new Fire/EMS annex. City Manager Marquez advised plans have been approved, funding is in place, and contract is ready to go out to bid. The project would move as quickly as possible and anticipates new substation in place by this time next year. In regard to Mrs. Wright comment on Eckhardt Road condition. Councilmember Simonson stated that he would be driving out to Eckhardt Road to see for himself. The same company that upgraded Green Valley Road also did Eckhardt Road. It was pointed out that new subdivision Tanglewood would be doing some upgrading to Eckhardt Road as part of development. There being no further discussion, Council would be ready to consider first reading of Ordinance at upcoming meeting. #9 APPOINTMENTS: Consider and take action on appointment of Library Board Member. Mayor Baldwin advised that Lisa Connolly and Cindy Wait are new members and the proposed Officers are: Simone Bailey-Chair; Cindy Wait–Vice-Chair; Barbara Ricks-Secretary and Julie Parr-Treasurer. Councilmember Agee moved to approve appointment of Library Board Members as submitted. Councilmember Greenwald seconded the motion, which carried with the following votes: AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald NAY: None. #10 APPOINTMENT: Consider and take action appointing Councilmember Carl Douglas as Schertz Library Board Liaison. Councilmember Simonson moved to approve the appointment of Councilmember Douglas as Schertz Library Board Liaison. Councilmember Greenwald seconded the motion, which carried with the following votes: AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald NAY: None. #11 Items by City Manager General Announcements ?? Mentioned that on the 18 of this month the City of Schertz has an th upcoming anniversary. December 18, 1958 the City was incorporated. #12 Items by Council General Announcements Councilmember Douglas Liaison EDC ?? Had no comments Councilmember Simonson 4-B Board Liaison BVYA ?? Reported of ongoing BVYA meetings where plans for registration of baseball and softball are being discussed for the start of next month. A football program is also being discussed. Councilmember Agee 4-B Board Liaison Schertz Housing Authority Liaison Schertz Library Board ?? Had no comments. Councilmember Wilenchik 4-B Board Liaison Schertz Humane Society Liaison HOA Coalition Ex-officio-TSAC ?? Reported the Humane Society has acquired 501.3C status, which will open doors for the society. He also mentioned that local veterinarian Dr. Rodriquez is working with HEB on acquiring grant money from foundation. Possibly looking at 5 to 20 thousand-dollar grant for the Humane Society. If the grant were approved, it would enable the animal shelter to spade/neuter cats and dogs, with cost paid by the Humane Society out of grant money, saving to the City the cost. Councilmember Greenwald 4-B Board Ex-officio P & Z Commission Ex-officio S/SLG ?? Reported SSLGC is tentatively scheduled for the 18 for any pressing th business if any. Everything is going well and wells are ready to pump. ?? Thanked staff for invitation to the Employee Christmas Party. It was very a nice evening. #13 Items by Mayor General Announcements ?? Apologized for not attending Christmas Party, due to being out of town on medical emergency (Sister-in-Law). The mission we were to accomplish was not due to surgery being cancelled. Surgery has been rescheduled for January. ?? Advised that the City of Schertz has volunteered to host the next TML Region 8. ?? Mentioned that tomorrow he would be scheduling presentation of an ornament by a student not able to attend the Christmas program due to illness. He would notify City Hall with a time. ?? Thanked Chief Cantrell, Police Chief for cap and pen presented to Council. . #14 ADJOURNMENT (, Being no further business Mayor Pro-tern Gree meeting at 8:50 p.m. ATTEST: aId moved to adjourn the ~< ) Mayor, City of Schertz, Texas . . 132