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
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)
Mayor, City of Schertz, Texas
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