ccwks 01-28-04
.
CITY COUNCIL MINUTES
SPECIAL WORKSHOP SESSION
JANUARY 28, 2004
TIu; Schertz City Council convened in Special Workshop Session on Wednesday, January
28, 2004 at 7:00 p.m. in the Municipal Complex Conference Room, 1400 Schertz
Parkway, Schertz, Texas. Those present were Mayor Hal Baldwin, presiding;
Councilmembers Carl Douglas, Steve Simonson, Reginna Agee, Tony Wilenchik: and
Ken Greenwald. Staff members present were City Manager Mark Marquez and City
Secretary Norma Althouse.
Due to the large number of citizens present, Mayor Baldwin moved the meeting to the
Council Chambers He then announced they will move the Hearing of Residents to the
second item and move Item #2 up to the beginning of the meeting. He told those citizens
who were present that if they have anything to say, to say it during the Hearing of
Residents. This is not a public hearing tonight.
#2 Presentation by representative of Guadalupe County Children's Advocacy
organization.
.
Bud Kuykendall from the Guadalupe County Children's Advocacy organization
commented the project had been started about two years ago with the cooperation of
parents and teachers, policemen, physicians, the Prosecutor and counselors and citizens
from the community. They were required to go from a Professional Board to a Public
Board within two years.
They have a house in Seguin with child-friendly amenities. There is an interview room
where the child is interviewed only once. It is a place of respect for the child.
There is a multiple disciplinary team, which discusses cases under investigation and their
status and refers the children for counseling. In the future, they hope to have a place to
do physical examinations. They are developing a sexual assault response team. This is a
model being used all over the country. Their folks are trained and the program has been
successful statewide.
Mr. Kuykendall went on to say they have trained forensic interviewers. They also have
to develop their own budget. They receive $32,000 per month from CAC and do receive
donations. They have to raise the rest of the funds. He thinks this is the most worthwhile
project he has ever seen.
Mr. Greenwald asked how many children he's talking about and Mr. Kuykendall replied
there have been 500-600 cases of child abuse in Guadalupe County in the last three years.
One-third to one-half of them are sexual abuse cases.
.
171
Mr. Marquez asked Paul Marsh, Executive Director of the Center, what the letters CFRE .
on his business card represent and Mr. Marsh replied they stand for Certified Fund
Raising Executive. Mr. Marsh went on to say they have already interviewed six children
in the month of January.
Mr. Wilenchik: asked if they are a 5013c organization and was told they are. Mrs. Agee
added they are looking for volunteers.
This concluded the presentation, and Mr. Kuykendall and Mr. Marsh were thanked by the
Mayor and Council for their report. They were told the Council would do all they could
to help.
#1 HEARING OF RESIDENTS
Mayor Baldwin advised those present that the engineer for the project across the street
from City Hall is here tonight. This is the only time they can make comments.
George Mower of 501 Brooks was the first who had signed up to speak and Mayor
Baldwin asked him what they could do for him. Mr. Mower replied they could do
something for these good people. They thought they were getting a park and now they
find out hones are being built instead. It looks like the City of Schertz is in the real estate
business with the proposed trade. They should live by their original intent. Mr. Mower .
then mentioned it is awfully hard to get facts out of Council.
Robert Salas of 1041 Gettysburg thanked the City for the good water.
Susan Grav of 116 Sunflower in Cibolo mentioned the Dietz Road project and expressed
the hope they could get help and support from Schertz. Children are our most valuable
assets.
In regard to the Verizon antenna, Ms. Gray went on to say there are places on their water
tower in Cibolo for antennas.
Robert Brockman of 4505 Grand Forrest said he feels the City should look into the
acquisition ofland for sale at the comer ofElbel Road and Schertz Parkway.
Michele Tereletsi<y of 705 Marilvn Drive asked who owns the property for which the
City is proposing a trade. Mayor Baldwin replied it is the Monterrey-Medina property
on the same side of Schertz Parkway as City Hall.
Ms. Tereletsky then said she is confused about the rules for talking tonight. Mayor
Baldwin explained there is no public hearing tonight, but citizens can speak under the
Hearing of Residents item on the agenda.
Steven Flanigan of 1633 Ebonv Lane eXplained he is speaking on behalf of Mickie .
Christie who lives on Marilyn Drive. She is very concerned about the rezoning and the
172
.
drainage issues. She is worried Council hasn't given adequate consideration to the
project. They were under the impression they could listen to a presentation and then ask
questions. Mayor Baldwin advised Mr. Flanigan there would be two more meetings at
which residents can speak about the proposed project, Mr. Flanigan then thanked
Council for widening Dietz Creek.
Marv A vcock of 717 Marilyn Drive asked if they were allowed to ask questions about the
project. Mayor Baldwin replied yes and hopefully the engineer can answer the questions.
Ifnot tonight, they could be answered at the next meeting. Ms. Aycock wondered if the
Army Corp of Engineers would be brought in to review the project. Mayor Baldwin
replied they would come in and look at the floodplain area to see how the project would
affect the watershed in the Schertz area. The Mayor then told Ms. Aycock that if her
questions weren't answered tonight, to write them down for a future workshop or regular
meeting.
#3 Presentation and discussion by Cibolo Councilmember Sutton regarding proposal
for Schertz participation in construction of sidewalks along Dietz Road.
.
Mr. Sutton mentioned that for 9-10 years plans have been discussed and fallen through
for sidewalks along Dietz Road. The road is in the SCUC ISD. Last May he was asked
to speak to his son's fifth grade class and one of the first questions was about sidewalks
on Dietz Road so they could walk to school safely. Sidewalks will be put in from
Borgfeld Road to Watts Elementary. The County and the School District have worked
among themselves. A bid has been awarded for $47,000 and the City of Cibolo is asking
the City of Schertz for $20,000. The City of Cibolo will take over the responsibilities of
the road and this is a good opportunity to cement their cooperation with each other. In
the last several years there has been lots of cooperation between the two cities. Mr.
Sutton said he understands there is a general rule about not spending money outside the
City limits. He will be happy to entertain questions.
Mr. Wilenchik questioned if the Dove Meadows children don't currently walk on
sidewalks within their subdivision. Mr. Sutton answered they do, but lots of them walk
in drainage easements to Dobie, Watts and Jordon. He hasn't taken the time to have the
school district crunch the numbers.
There was a brief discussion about sidewalks from the school district property to the
other side of the Valero easement. There was also a brief discussion about what the
County should have done.
Mayor Baldwin indicated he is not sure where the City Council stands on this issue.
They will need to get a legal opinion if Mr. Sutton gives them an opportunity to confer
with their attorney and get back to him.
.
Mr. Marquez asked if they could have a copy of the plans and was told they could.
173
Mr. Simonson noted that depending on what they do, it is a good idea to get the four- foot
strips straightened out and Mr. Douglas concurred. Mr. Greenwald said he would like to
see the drawings.
.
Mr. Wilenchik related he was president of the Dove Meadows Homeowners Association
for five years and they deeded some property over to GVEC. Dove Meadows property
owners will face some kind of concern if that property is turned. over. It will be
interesting to see what happens to the ETJ.
Mayor Baldwin thanked Mr. Sutton for coming.
#4 Discussion of drainage on Silber property.
Mr. Marquez advised that they have the engineers and City staff here this evening to
answer questions. Normally drainage is not considered for a rezoning request. However,
we've had a lot of rain in a short period of time and the drainage was referred to in a
newspaper article.
Larry Dublin of Ford Engineering showed maps of a drainage study from the 1980's.
One of the things shown was the West Dietz Creek. Mr. Dublin stated that in late 1998,
the City accelerated efforts to get the Creek project done. The design of the channel
covers all the area up through Garden Ridge. The results will be given to FEMA. The .
floodplain will be contained inside the channel. In 2001, water backed up because there
was nothing to contain it. The water level will be below the top of the channel when the
project is completed.
Don McCrary of Don McCrary & Associates mentioned the project would take more than
just the Silber property out of the floodplain. An onsite design will accept all water that
comes from the streets to the new channel.
Mayor Baldwin commented there is concern by the people who live on Marilyn Drive.
Mr. McCrary emphasized the project will handle all the water.
Developer Larry Aiken stated he had met with citizens and with the City staff and
addressed the problems. He had no knowledge of the 2001 rain or the 1998
flood. Both were an extraordinary upstream event. Nothing he, the City or City
Council can do would have prevented an extraordinary act of God. They consider
themselves responsible developers and have respect for the process they must go through.
They want to be partners on this project.
#5 Consider and take action to untable discussion and possible action on first reading of
Ordinance rezoning 62.09 acres. (Silber property)
Mr. Simonson moved to untable discussion on the first reading of an Ordinance rezoning .
62.09 acres (Silber property). Mr. Douglas seconded the motion, which carried with the
following votes:
174
.
AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik: and Greenwald.
NAYS: None.
#6 Discussion and possible action on first reading of Ordinance rezoning 62.09 acres
from R-2 to R-5 (Silber property).
.
Mayor Baldwin 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. 96-8-28 BY
REZONING 62.09+ ACRES FROM RESIDENTIAL (R-2) TO RESIDENTIAL
(R-5).
Mr. Wilenchik noted that upon reading the letter from Mr. Marquez, there were two areas
of concern to the Planning and Zoning Commission. One was drainage, which has been
pretty well explained. The other concern was density. Why did Planning and Zoning
consider density? They voted against this rezoning request 5 to 1. Without compelling
evidence, Council should not overturn Planning and Zoning's recommendation.
.
Mr. Greenwald stressed that the lots would never develop as R-2, that's why the change
to R-5. People today don't want large lots. The homes built will be comparable.
Planning and Zoning doesn't dictate square footage of homes only the size of the lots.
Mayor Baldwin mentioned they could rezone to R-l and no one would build. He then
stated the Council appreciates the opinion of Planning and Zoning. He went on to say the
owner also has some rights and there has to be give and take.
Mr. Marquez pointed out that even if the property should remain as R-2, there is still a
drainage problem. Mr. Wilenchik reminded him we're not talking drainage - he wants
to know the rationale behind the density issue.
Mr. Simonson stated the property was zoned R-2 in the 1980's for the potential developer
who was told he would have to build a drainage ditch. He pulled out and developed
Thistle Creek instead. Mr. Aiken has a good plan and a means of solving the drainage
problem.
Mayor Baldwin, noting they are more concerned about the drainage than they should be,
pointed out the highest and best use of the land has to be considered when you rezone.
.
Amy Madison, Community Development Director, mentioned that when the staff makes
comments, they are usually generalities. Density was not a universal concern, drainage
was the central issue. Mayor Baldwin then stressed that if density is a problem with
Planning and Zoning, they need to talk with Council about it.
175
Mr. Wilenchik: said if density is not the main concern, he is happy. Mayor Baldwin .
pointed out if the vote was based on drainage, it may have been illegal. Mrs. Madison
indicated she doesn't wish to speak for the entire Planning and Zoning Commission.
Mr. Greenwald moved to approve the first reading of an Ordinance rezoning 62.09 acres
from R-2 to R-5. Mr. Simonson seconded the motion.
Before the vote was taken, Mr. Simonson asked when the final reading of the Ordinance
is scheduled and was told next week at the regular meeting. He then stated they might
have given erroneous information to the public if there is not another workshop before
the final reading.
At this time the vote was taken and the motion carried as follows:
AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik: and Greenwald.
NAYS: None.
Mayor Baldwin asked that everyone present tonight for discussion of this issue let their
neighbors know that the final reading of the Ordinance is next week.
#7 Public Works Update
.
Larry Dublin of Ford Engineering informed Council they have completed a lot of
projects. He then reviewed the schedule with Council on several things such as the Dietz
Creek Channel and some Public Works inchouse projects.
Mr. Dublin then related that they had submitted an entry, in the mapping and surveying
category, to the Council of Engineering Companies of the state of Texas and their entry
has moved onto the national level. Mr. Marquez commented it would probably be
submitted to TML.
There were questions about the bridge at Elbel Road and Mr. Dublin advised them it
would be approximately 3 to 3 1/2 months to completion after Southwestern Bell finishes
their work.
Mayor Baldwin left at 8:55 p.m because he was not feeling well. Mayor Pro-Tem
Douglas took over the meeting at this time.
#8 Discussion regarding BVY A contract.
Johnie McDow, President ofBVY A, was present for the discussion.
Mr. McDow advised Council they have 700 to 725 kids enrolled for baseball/softball, .
about 800 enrolled for basketball and 100 girls enrolled for volleyball. Space is a big
issue
176
.
.
Mr. McDow went on to say GVEC did help with a field, Roy Richard purchased four
fixtures and the City Parks Department put in some new lamps. They do have some
tournaments scheduled. June 16th and 17th is the All Star tournament and the Pony
Regional is scheduled for July 24th.
Mr. Simonson and Mr. Greenwald both agreed the City has had a long relationship with
BVY A and they are a good organization. Mr. Greenwald went on to say that regarding
the contract, it is almost the same as the old one with some minor changes.
Mr. McDow mentioned they are financially solvent. They never tell how much money
they have unless they are asked. Mr.. Marquez pointed out that under Mr. McDow's
chairmanship, BVY A has blossomed.
Council advised they were ready to move forward with approval of the BVY A contract at
next week's meeting.
#9 Discussion on first reading of an Ordinance calling for an election on May 15, 2004.
Council was prepared for this item to be on next Tuesday night's agenda.
.
#10 Discussion regarding appointment of review committee for Comprehensive Plan.
.
Mr. Marquez explained it is time to review the Comprehensive Plan and he feels they
should have a small committee look into immediate changes. He also feels the
committee should consist of two Councilmembers, two Planning and Zoning members
(already selected), two staff members (himself and Amy Madison) and two members
from TSAC. Mr. Simonson and Mr. Wilenchik: volunteered to represent Council.
#11 Discussion on first reading of Ordinance regarding Stop Signs on Circle Oak.
Mr. Marquez admitted this is a continuation of the Silver Oak saga. The City is
recommending three-way Stop signs at Spanish Oak and Circle Oak to try and alleviate
the traffic problem.
Council agreed they were ready for this to be included on next Tuesday night's agenda.
#12 Discussion on proposed rate increases from Bexar Waste.
Mr. Marquez advised it is proposed that the residential rate increase go up 3.7% (.28 per
month) and that the commercial rate increase go up 4.9% per month. If Council feels
that's appropriate, approval ofthe rates will be placed on next week's agenda. Council
felt the rate increases were appropriate.
.
#13 Discussion on final reading of Ordinance rezoning 35 acres from R-l to GB (Ripps
property).
177
.
Mr. Marquez indicated there had been no changes since the first reading of the ordinance.
Council was prepared for it to be included on next Tuesday night's agenda.
#14 Discussion on final reading of Ordinance rezoning 0.410+ acres from GB to
MHP/SD (James Harden property).
Mr. Marquez reported there had been no changes to this since the first reading. Council
indicated their readiness for this to be included on next Tuesday night's agenda.
#15 Discussion on final reading of Ordinance establishing City Council as final body of
appeal for actions by City Boards, Commissions and Committees.
Mr. Simonson commented this is the cleaning up of some ordinances. Mr. Marquez
agreed there are some ordinances on the books that will no longer apply.
Council was ready for this item to be placed on next Tuesday night's agenda.
#16 Consider and take action setting public hearing date of February 17, 2004 for
rezoning of 41.418+ acres from NS and R-4 to R-2.
Mr. Marquez related this is the property along FM 78 and FM 3009 which was rezoned a .
while back and nothing has happened. This would take it back to its original zoning.
Mr. Simonson asked if anything had been brought to the City yet and was told they have
not received anything formally. Mr. Marquez advised the person who was going to
develop it is asking for a tax credit through the lottery. Mr. Simonson suggested they
move ahead with the rezoning.
Mr. Greenwald moved to set February 17, 2004 as the public hearing date for the
rezoning of 41.418+ acres from NS and R-4 to R-2. Mrs. Agee seconded the motion,
which carried with the following votes:
AYES: Councilmembers Simonson, Agee, Wilenchik and Greenwald and Mayor Pro-
Tem Douglas.
NAYS: None.
#17 Consider and take action setting public hearing date of February 17, 2004 for
selected changes to the UDC.
Mr. Greenwald moved to set February 17, 2004 as the public hearing date for selected
changes to the UDC. Mrs., Agee seconded the motion, which carried with the following
.
AYES: Councilmembers Simonson, Agee, Wilenchik: and Greenwald, and Mayor Pro-
Tem Douglas.
NAYS: None.
Items #18, Executive Session and #19, action as a result of the Executive Session, were
cancelled.
#20 Items by City Manager
General Announcements
Selection ofPIO
. Stated he and Mr. Bierschwale were in the mediation proceedings for the
Schertz/Seguin Local Government Corporation and the problem has been solved.
· Commented the City won the GFOA Award again - it is a big deal.
· Reminded Council there is an item in the FYI portion of theirpaekets about racial
profiling.
.
. Advised that effective February 9, 2994, James Schindler will be the new Public
Information Officer.
#21
Items by Council
General Announcements
Councilmember Douglas
Liaison - EDC
Liaison - Schertz Library Board
Mr. Douglas had nothing to report.
Councilman 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.
179
Councilmember Wilenchik
4-B Board
Liaison - Schertz Humane Society
Liaison - HOA Coalition
Ex-officio - TSAC
.
. Reported the Schertz Humane Society met last night. The Animal Control
Ordinance needs to be updated - it is nine years old. There is a requirement in
the Ordinance for a Board and that has never been done. This Ordinance needs to
get on the agenda for review. Mr. Marquez stated Chief Cantrell is working on
updating the Ordinance.
. There is talk about the Humane Society getting a grant through Dr. Rodriguez and
supposedly there's another one that Heather could get. Mr. Marquez asked Mr.
Wilenchik: ifhe wanted to participate in the meetings with Dr. Rodriguez and Mr.
Wilenchik: replied yes.
. They received a Master Plan for Schertz Forest Subdivision.
. A final plat was submitted for Parkway Village.
. Commented Diamond Jim's will occupy the other half of the building where
Dollar General is located.
. A request for a sign variance from B&G at 602 Main St. catering was tabled.
. Burch Roofing is working on their wall.
. There were questions about cleaning up trash along FM 3009. Apparently the
school group quit doing it because of the traffic. Could we re-route traffic while
they clean?
. There are signs along the railroad right-of-way - Riedel's and Player's Point.
Mr. Marquez promised to look into the situation.
#22 Items by Mayor
General Announcements
.
180
.
Mayor Baldwin was ill and had excused himself earlier in the meeting.
#23 ADJOURNMENT
There being no further business to discuss, Mayor Pro-Tem Douglas adjoumed the
meeting at 9:37 p.m.
ATTEST:
.
~~
City Secretary, City of Schertz, Texas
.
181