ccrg 11-02-2004
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COUNCIL - REGULAR SESSION
TUESDAY, NOVEMBER 2, 2004
The Schertz City Council convened in regular session on Tuesday, November 2,
2004 at 7:00 pm 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, Tony
Wilenchik and Ken Greenwald. Staff members present Interim City Manager
Johnny Bierschwale and Deputy City Secretary Mary Ybarra.
Mayor Baldwin welcomed everyone and called the meeting to order at 7:00 pm, and
asked everyone to rise and join him in the Pledge of Allegiance to the Flag.
At this time, Mayor Baldwin announced that agenda items 4-7; Public Hearings
regarding annexation have been cancelled due to error in publication.
#1 HEARING OF RESIDENTS
Robert Brockman. 4505 Grand Forest commented on the following.
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. Attended County Commissioners Court meeting and advised the Veterans Service
Officer resigned effective November 12, 2004, also discussed was the possibility
of a County Animal Shelter.
. Commented he would like Council to consider when re-appointing members to
Boards and Commissions, etc. to take into account the attendance record. He has
concerns relative to; is the City getting their monies worth. Mayor Baldwin stated
he would hope that the chairman of each group re-appointing members would
report to Council on the attendance record of those individuals being re-
appointed.
Don Reel. 5576 FM 1103 commented on the following:
. Having problem with drainage. He lives adjacent to Cibolo Valley Baptist
Church. In construction of parking lot, an area behind it was chauneled out to
prevent water from coming across the parking lot. As a result, water is now on top
of the residential area, he now has 8-10 inches of water coming across the
backyard area. He has spoken to the Church pastor and was advised the problem
would be taken care of, however was told that direction is needed from the City of
Schertz on what to do. He asked if the City could provide some assistance. Mayor
Baldwin advised the City could.
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#2 PUBLIC HEARING: To receive citizen comments on request rezoning 5.820
of acres of land from Neighborhood Services (NS) and Residential-l (R-l) to
General Business (GB). The property is located on the west side of FM3009,
approximately 380' south of Dimrock.
Mayor Baldwin explained the procedures to be followed for the public hearing.
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Interim City Manager Bierschwale deferred comments to Amy Madison, Community
Development Director.
Mrs. Madison stated that the 5.820 acres along FM3009 with approximately 191' fronting
FM 3009 is currently zoned (NS) and back of property is zoned Residential. The request
is to rezone to (GB) to allow for a storage facility, and noted that Mr. George Gutierrez
property owner is present, as well as Mr. Perry Donop, developer.
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Mr. Donop, 1000 E. Basse Road, San Antonio, Texas passed out information (photos,
survey topo's, etc.) on the storage facility and thanked Council for taking time to review
the application, which is believed to be a State of the Art (climate control, dry control,
security features, etc.) self-storage facility to be built on FM 3009. He believes once
Council reviews all the facts; Council would agree this is the best use for the subject
property given the shape and dimensions. In a study made to find out the demand of
storage facilities in the area, it was determined this type of facility would truly fit as a
neighborhood facility; in actuality there is enough demand within a one mile radius to fill
the facility. He went on to explain that the facility would be residential looking with
living quarters, and the rest of the buildings low and not obstructing visibility. It's a 2.5
million dollar facility when filled and adds quite a bit of revenue to the City. Advantages
of facility include; quiet, no loud noise, traffic flow low; on average 25 -30 cars per day;
no pollution, low profile, high security, zoning is in keeping with neighborhood, and low
impact on water and sewer. In conclusion, he would ask Council to favorably consider
the request and is available to answer questions Council may have.
At this time, Mr. Donop introduced Mr. Ken Brown, Certified Land Planner and Attorney
at Law. Mr. Brown commented on issue brought up at Planning & Zoning Meeting
having to do with use of wall structure between commercial and residential area. If
residential area would ever develop an 8' wall structure would be constructed, which
would not affect the residential area adjacent commercial development. He believes the
facility is an appropriate use for the land.
Bill Saska, 1156 Dimrock commented he doesn't want to see anything in his backyard,
noted he has a proxy vote from his neighbor stating the same. Mayor Baldwin pointed out
that another parcel of land is located between Mr. Saska property and the property in
question. Mr. Saska questioned; what is going in behind his property and was advised
that issue is not being discussed at this time. The owner of that particular property is not
present, and there is no way of knowing what is planned.
Jim Rooney 1128 Dimrock commented he is against the re-zoning proposal, due to
concerns having to do with limitations to property. If property surrounding his parcel is
zoned commercial, before you know it, there will be 24 hours a day of movement, lights,
and traffic, which is not good for any residential area. The residents in the area are happy
with what is out there, and enjoy a very pleasant environment. He encourages Council to
take that into consideration.
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Mr. Boyer, 1132 Dimrock voiced the same concerns, as did Mr. Rooney. He is against
the rezoning.
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David Richmond 2921 Bentwood Drive, Chairman of Planning & Zoning Commission
stated the Commission did not have a unanimous vote, it was split, recommending
against the re-zoning. He would like to share some of the reasons the majority of the
Commission voted against it. The Commission agreed the presentation was excellent, it's
a super product, and there is a place for this type of facility in Schertz. However, some of
the reasons for disapproval are as follows:
. Proposed location is wrong;
. Parcels are narrow and long and development is hampered.
. Negative impact to adjacent landowners.
. Potential growth of facility, surrounded by residential area.
Henry Gutierrez, 2221 FM 3009 stated that the family has had the land for sale for a
long time and hopes that whoever buys the property maximizes the value of the land to
it's fullest potential. He inquired on statement made at Planning & Zoning meeting
having to do with plan for 8' masonry fence around the entire facility and statement made
this evening of only three sides of facility would have masonry fencing. He was advised
the building (back) itself would be part of the fence; there are no plans to have openings
on outside. All activity would occur inside the facility.
There were no additional comments and at this time Mayor Baldwin closed the public
hearing.
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#3 ORDINANCE: Consider and take action on first reading of Ordinance
rezoning 5.820 of acres of land from Neighborhood Services (NS) and Residential-l
(R-l) to General Business (GB).
Mayor Baldwin pointed out there is ample time to further discuss the issues. This evening
the only issue before Council is first reading of the Ordinance to rezone property.
Councihnember Wilenchik said he was confused, it's his understanding the issue and
what Council ought to base a decision on should be; is the property suitable for General
Business (GB)? Regardless, the type of business (storage facility, etc.) that falls under
(GB).
Councilmember Douglas voiced concern with traffic into the particular area; are there
plans for deceleration lane into the property? He was advised that currently the property
has a curb cut, however can address the issue if Council desires. Mrs. Madison stated the
issue on deceleration lane would have to be brought up to TXDOT and the decision
would be there. This issue is discussed at the platting stage, and we are not there yet.
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Councihnember Simonson agrees with Councilmember Wilenchik comments in that this
evening Council is considering zoning of General Business and also, Council has
recommendation against the rezoning from Commission. These are the two issues before
Council this evening. Is this the highest and best use for the property and is it the best
zoning for the property?
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Councilmember Agee believes zoning the narrow piece of property would be considered
spot zoning. She points out the configuration (narrow) does not lend itself to General
Business.
Mayor Baldwin stated he doesn't believe its fair for Council to sit on property and not
allow development or property owner to sell it's property; it's not a fair thing to do.
General discussion followed on the issue relative to spot zoning, possible rezoning of
other property adjacent to property in question and issues on highest and best use of
property.
Councilmember Greenwald moved to table first reading of Ordinance rezoning 5.820 of
acres of land from Neighborhood Services (NS) and Residential-l (R-l) to General
Business (GB) for the purpose of re-evaluating the actual use of the property.
Councilmember Agee seconded the motion, which followed with the following votes:
AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald.
NAY: None.
Mayor Baldwin stated item would be placed on the next workshop for further discussion
and asked that a map of all properties be provided.
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Mayor Baldwin explained that an error in publication has caused cancellation of public
hearings on agenda items 4-7, thus, Council must officially cancel the public hearings
and asked for a motion from Council.
Councilmember Agee moved to cancel the public hearings on agenda items 4-7.
Councilmember Wilenchik seconded the motion, which carried with the following votes:
AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald
NAY: None.
#4 PUBLIC HEARING: To receive citizen comments on proposed annexation
of approximately 37,4 acres adjacent to existing city limits adjacent and between
Northcliffe and Scenic Hills Subdivisions Project 1 (NorthcIiffe area).
#5 PUBLIC HEARING: To receive citizen comments on proposed annexation
of 14.30 acres located adjacent to existing city limits known as Old Wiederstein
Road, Project 2 (Old Wiederstein Road).
#6 PUBLIC HEARING: To receive citizen comments on proposed annexation
of 119.44 acres located adjacent to existing city limits line parallel to Maske Road at
Fm 1518, Project 3 (Maske Road).
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#7 PUBLIC HEARING: To receive citizen comments on proposed annexation
of approximately 216.77 acres located adjacent to existing city limits between FM
2252, FM 482 and Union Pacific Railroad, Project 4 (FM 2252 area.); approximately
225.40 acres located adjacent to existing city limits line between FM 482 and Instate
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35 near Hubertus Road, Project 5 (Hubertus Road Area); approximately 163.38
acres locate adjacent to existing city limits line between Interstate 35 and Union
Pacific Railroad near Friesenhahn Road, Project 6 (Friesenhahn Road area).
#8 Consider and take action setting Public Hearing date of November 16, 2004
in respect to proposed annexation of:
PROJECT 1: Northcliffe Area, approximately 37.4 acres located adjacent to
the existing city limits adjacent and between Northcliffe and Scenic Hills
Subdivisions.
PROJECT 2: Old Wiederstein Road. 14.30 acres located adjacent to existing
city limits known as Old Wiederstein Road.
PROJECT 3: Maske Road, 119.44 acres located adjacent to existing city limits
line parallel to Maske Road at Pm 1518.
PROJECT 4: FM 2252 Area, 216.77 acres located adjacent to existing city
limits between PM 2252, PM 482 and Union Pacific Railroad.
PROJECT 5: Hubertus Road Area, 225.40 acres located adjacent to existing
city limits line between PM 482 and Instate 35 near Hubertus Road.
PROJECT 6: Friesenhahn Road Area, 163.38 acres locate adjacent to existing
city limits line between Interstate 35 and Union Pacific Railroad near Friesenhalm
Road.
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Councilmember Agee moved to set public hearing date of November 16, 2004 for
annexation projects 1-6. Councilmember Greenwald seconded the motion, which carried
with the following votes:
AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald.
NAY: None.
#9 ORDINANCE: Discussion and possible action on final reading of Ordinance
rezoning 11.867+ acres from General Business (GB) to Residential-5. (R-5)
Mayor Baldwin introduced an Ordinance and read caption as follows:
ORDINANCE NO. 04-S-34
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 11.867 ACRES OUT OF
GUADALUPE COUNTY FROM GENERAL BUSINESS (GB) TO
RESIDENTIAL-5 (R-5)
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Councilmember Greenwald moved to approve the rezoning of 11.867 acres out of
Guadalupe County from General Business (GB) to Residential-5 (R-5). Councilmember
Wilenchik seconded the motion, which carried with the following votes:
AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald.
NAY: None,
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#10 ORDINANCE: Discussion and possible action on f'mal reading of Ordinance
repealing Chapter 10, Article VII, Garage Sales, Specifically Ordinances 02-L-6, 92-
L-11, 01-L-4 and 90-L-24, and adding a new Chapter 10, Article VII, Garage Sales;
Establishing a penalty; repealing conflicting Ordinances; providing for severabilty;
and establishing an effective date.
Councilmember Douglas stated he still disagrees with the $50.00 permit for HOA's.
Without further comment, Mayor Baldwin introduced an Ordinance and read the caption
as follows:
ORDINANCE NO, 04-L-35
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS; REPEALING CHAPTER 10, ARTICLE VII,
GARAGE SALES, SPECIFICALLY ORDINANCES 02-L-6, 92-L-11, 91-L-4
AND 90-L-24, AND ADDING A NEW CHAPTER 19, ARTICLE VII,
GARAGE SALES; ESTABLISHING A PENALTY; REPEALING
CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY;
AND ESTABLISHING AN EFFECTIVE DATE,
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Councilmember Greenwald moved to approve repealing Chapter 10, Article VII, Garage
Sales, Specifically Ordinances 02-L-6, 92-L-ll, 01-L-4 and 90-L-24, and adding a new
Chapter 10, Article VII, Garage Sales; Establishing a penalty; repealing conflicting
Ordinances. Councilmember Agee seconded the motion, which carried with the following
votes:
AYES: Councilmembers Simonson, Agee, and Greenwald
NAY: Councilmembers Douglas and Wilenchik.
#11 ORDINANCE: Discussion and possible action on f'mal reading of Ordinance
repealing a Tax Abatement Ordinance 98-T-12 (Alamo Packaging) and
Reassignment of Tax Abatement to Safeguard Security Services, Ltd.
Mayor Baldwin introduced an Ordinance and read the caption as follows:
ORDINANCE NO. 04-T-36
AN ORDIANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS, REPLEAING TAX ABATEMENT 98-T-12 AND TAX
ABATEMENT AGREEMENT FOR AND WITH ALAMO PACKAGING
INC., AND ESTABLISHING A NEW TAX ABATEMENT ORDINANCE
AND TAX ABATEMENT BU THE CITY COUNCIL FOR AND WITH
SAFEGUARD SECURITY SERVICES, A PROPERTY OWNER IN THE
CITY OF SCHERTZ,
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Councihnember Douglas moved to approve repealing a Tax Abatement Ordinance 98-T-
12 (Alamo Packaging) and Reassignment of Tax Abatement to Safeguard Security
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Services, Ltd. Councilmember Greenwald seconded the motion, which carried with the
following votes:
AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald
NAY: None.
#12 Discussion and possible action appointing Commissioners to the Housing
Authority of the City of Schertz.
Mayor Baldwin explained that Earl Sawyer and Margaret O'Docharty are the two
individuals that have been selected to the serve again on Housing Authority Commission
and asked for a motion to approve.
Without further discussion, Councilmember Agee moved to appoint Earl Sawyer and
Margaret O'Docharty to the Schertz Housing Authority, terms to expire January I, 2007.
Councilmember Simonson seconded the motion, which carried with the following votes:
AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald
NAY: None.
#13 Discussion and possible action on reappointment of Advisory Board Member
(City Manager) to Public Improvement District Board (PID),
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Mayor Baldwin explained Interim City Manager Bierschwale would be taken the place of
Executive Director held by Mark Marquez and asked for motion.
Councilmember Simonson moved to appoint Interim City Manager John Bierschwale as
Executive Director to the Pill Advisory Board. Councilmember Greenwald seconded the
motion, which carried with the following votes:
AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald
NAY: None.
#14 Discussion and possible action appointing members to the 4B Board,
Mayor Baldwin pointed out the following would like to continue on the Board for a term
of two years, and needs a motion from Council:
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Ken Greenwald, President
Steve White, Vice President
Johnie McDow, Secretary
Ramon Cook, Director
Tony Wilenchik, Director
Reginna Agee, Director
Steve Simonson, Director
It was pointed out the Interim City Manager Bierschwale automatically becomes
Executive Director to the Board.
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Without further discussion, Councilmember Greenwald moved to appoint the above
members to 4B Board as presented. Councilmember Agee seconded the motion, which
carried with the following votes:
Before a vote was taken, Councihnember Douglas stated that he would like an
explanation and it would probably need to come from City Attorney relative to the "Open
Meeting Act" and having four members of Council sitting on 4B discussing City
business. In his opinion, it's a quorum.
Councilmember Greenwald pointed out that at last Council meeting there was a
recommendation from City Attorney, to have two agendas posted, one for 4B and one for
City Council. Councilmember Douglas still voiced concern due to having four
Councihnembers making decisions on 4B (expenditures of tax dollars), of which Council
is the final authority. The recommendation or decision coming from 4B would be coming
to the one Councilmember (Douglas) that is not on the 4B board. The decision already
made and voted on by 4B. Councilmember Agee pointed out the expenditures or tax
dollars that are voted on are directly related to 4B. Councilmember Douglas noted he
understands, however the dollars are still tax dollars.
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Mayor Baldwin advised Councilmember Douglas he might have to argue the point with
the Texas State Legislature, because State law allows it to happen. Councilmember
Douglas reiterated that he would like an explanation to come from City Attorney on the
issue. Mayor Baldwin advised that City Attorney would be notified about
Councihnember Douglas request and in all probability a letter would be sent.
At this time, Mrs. Madison briefed Council on different options that City's have chosen
in establishing 4B Boards. She pointed out that in most cases the Executive Director
position is held by the Economic Development Director and City Manager sits on the
Board. Other Board members may consist of Councilmembers, Department Head and or
citizens, which then would not require posting of agenda for Council. Councilmember
Agee noted that according to 4B Articles and By-laws the City Manager is the Executive
Director. Council may chose to make changes to guidelines if deemed necessary. It was
pointed out the according to the By-laws seven (7) members sit on 4B Board with
number eight (8) being the Executive Director, non voting entity. At this time,
Councilmember Agee read from the By-laws the definition of Executive Director.
In continuing, Councilmember Douglas questioned, why isn't the Economic
Development Director the Executive Director of 4B. He was advised that at the time 4B
was established the City did not have one. He stills believes that logically the Executive
Director should be the Economic Development Director.
It was Council consensus to place the matter on a workshop agenda for further
discussion.
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At this time, Mayor Baldwin called for a vote for motion on the floor made by
Councilmember Greenwald and seconded by Councilmember Agee to approve
appointment of the above Board members for two-year terms.
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AYES: Councilmembers Simonson, Agee, Wilenchik and Greenwald
ABSTAINED: Councilmember Douglas
NAY: None.
Interim City Manager Bierschwale and Executive Director of 4B Board stated that on
behalf of the Board, he would be making Amy Madison, Economic Development
Director, staffliaison to 4 B.
#15 Discussion and possible action regarding replacement/appointment of
Executive Director to 4B Board.
No action was necessary.
#16 Discussion and possible action concerning Economic Development
recommendation from 4B Corporation.
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Councilmember Greenwald and 4B Board President advised that at 4B Board meeting
this evening the Board approved recommendation to go forward to Council, to advance or
utilize $30,165.42 in support of the Corridor Hotel, Ltd Partnership. Explained the project
has run into drainage, tree mitigation problems as well as others, and cost as far exceeded
what had been anticipated. The project is asking for 4B money to help the project out.
The project has taken on a Regional drainage issue, which will undertake not only the
project, but also the surrounding businesses in the area. A retention pond built on
approximately one-acre tract cut out of the project property has placed cost not
anticipated.
Councilmember Douglas pointed out this is the first he's heard about the matter and
noted his concern as voiced earlier in discussion dealing with number of Council sitting
as 4B Board members.
Councihnember Wilenchik stated Councilmember Douglas has a valid concern and asked
if there is a problem postponing the matter a week or so giving Councilmember Douglas
and Mayor Baldwin time to review.
It was suggested that 4B Board meetings get changed to a different time and day so that
meetings don't precede Council meetings.
Councilmember Agee moved to table action on item 16. Councilmember Wilenchik
seconded the motion, which carried with the following votes:
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AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald
NAY: None.
#17 Items by Interim City Manager
General Announcement
. Keeping super busy.
. Would be coming with different items such as issues dealing with Departments,
re-alignments, etc.
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. Personnel manual coming before Council for review within the next two to three
weeks.
. Five to six Ordinances coming for review in the near future.
#18
Items by Council
General Announcements
Mayor Pro- Tem Douglas
Liaison EDC
Liaison-Schertz Library Board
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. Inquired about Church pews and what is going to be done with them. He was
advised the City would be soliciting bids for best proposal.
. Commented on ad in newspaper relative Public Information Officer (PIO) and
read requirements, etc., and was not surprised the City lost the last PIO, due to
salary associated with position. Is the salary posted, set in stone? He was advised
no, the salary is entry-level. There is a need to take a hard look at the salary for
the position.
. Inquired on status of second moratorium and asked when it expired. He was
advised the current moratorium has expired and final action was never done on
second one. He asked that the matter be placed on a future agenda for discussion.
. Questioned when would he expect status on signage issue on FM3009/Live Oak
Road. He was advised he would be getting a full report next week.
. Mentioned having attended the Library Board meeting and reported the Library is
breaking all records and needless to say the Library is running out of room. The
Library is going to need help and also will need funds for lighting for playscape
and Library.
Mayor Pro-tem Simonson
4-B Board
Liaison BVY A
. There is a need for a clock that works in Council Chambers.
Councilmember Agee
4-B Board
Liaison Schertz Housing Authority
. Reported attending the Guadalupe Children's Advocacy meeting last night and
mentioned that last evening the center had eleven referrals (children). She added
that the center has far exceeded referrals since the first of January ofthis year.
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Councilmember Wilenchik
4- B Board
Liaison Schertz Humane Society
Liaison HOA Coalition
Ex-officio- TSAC
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. No comment.
Councilmember Greenwald
4-B Board
Ex-officio P & Z Commission
Ex-officio SSLG Corp.
. Mentioned having enjoyed TML this year after more then nine years not having
attended.
. Commented having picture taken on acceptance of SSLGC award presented to
Mayor Baldwin at the conference.
. Reported that Johnie McDow was at 4B Board meeting this evening however,
was unable to stay because of other commitment, but would have liked to stay and
speak to the Board reference basketball. He would like to utilize the Community
Center Gym until such time the remodeling takes place. Currently, BVY A has
687 children registered for basketball, 87 teams.
#19
Items by Mayor
General Announcements
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. Mayor Baldwin reported on the unofficial results of the special election held to
decide whether the City would freeze taxes for senior citizens. Votes were 4,969
in favor and 1,114 votes against. Taxes will be frozen for those over 65. Total
votes received were 6,083, which is more than he has ever seen in the City of
Schertz on any issue.
. Reported on acceptance of award from Texas Municipal League (TML) to the
City of Schertz and the City of Seguin. The Seguin/Schertz Local Government
Corporation was awarded the 2004 Municipal Excellence Award for Management
Innovation (design and building of water system placed in two city's) category for
less than 25,000 inhabitants.
. Reported meeting the Mayor of Seguin (Betty Ann Mathis) and noted she does
not know anything about football. Samuel Clemens High School has played the
Seguin Matadors a total of twelve times, lost ten. He told Mrs. Mathis Schertz
was going to makeup for loses and would beat the Matadors really bad. Both will
be meeting at halfWay mark (Marion Post Office) at 3:00 pm, and will be taking
picture of the new water bowl, which will be awarded to the City that wins the
football game. The water bowl will become a rotating trophy, however he
believes it will be staying in Schertz because Samuel Clemens will be winning.
#20
ADJOURNMENT
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There being no further business, Mayor Baldwin adjourned the meeting a 8: 51 p.m.
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Mayor, City of Schertz, Texas
ATTEST:
retary, City of Schertz, Texas
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