ccwks 12-01-2004
.
COUNCIL - WORKSHOP SESSION
WEDNESDAY, DECEMBER 1, 2004
The Schertz City Council convened in workshop session on Wednesday, December
1, 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
that everyone rise and join him in the Pledge Allegance to the Flag.
Before continuing Mayor Baldwin introduced Mayor of Cibolo, Charles Ruppert and also
present was Mayor Pro-tern, Susan Gray.
#1 HEARING OF RESIDENTS
.
Ramon Cook. stated he brings thanks from senior citizens, (Good Shepherd Parish) for
free use of the Community Center to hold the annual bazaar. At this time, he presented
the Mayor with a Bar B Q apron. He went on to say that the Mayor purchased raffle
tickets and is reporting he won. The prize was a hand bible and cover, which was
presented to the Mayor.
Charles Ruppert, Cibolo Mayor introduced Susan Gray, Mayor Pro-tern for Cibolo City
Council. He went on to say that in regard to item #4, annexation of 14.30 acres adjacent
to existing city limits known as Old Wiederstein Road, he would like to introduce a
Resolution approved on November 23, 2004 by Cibolo requesting a ETJ swap with the
City of Schertz for the 14.30 acres adjacent to both city limits known as Old Wiederstein
Road. Part of the Resolution states that the City of Cibolo desires to assume full
responsibility for maintenance of Old Wiederstein Road from Interstate 35 to Cibolo
Valley Drive.
Susan Gray stated she would like Council to consider the matter during annexation
discussion and reiterated comments by made Mayor Ruppert.
Robert Brockman, 4505 Grand Forest made the following comments:
. Wants a new Library.
. Placement of flags along Schertz Parkway-good idea.
Mayor Baldwin announced that agenda item #2 would move and become item 8 of the
agenda.
.
Mayor Baldwin informed everyone that Amy Madison; Community Development
Director would be making presentation covering the annexation projects.
59
.
Mayor Baldwin explained the procedures to be followed at Public Hearings.
#3 PUBLIC HEARING: To receive citizen comments on proposed annexation
of approximately 37.4 acres adjacent to existing City limits line, adjacent and
between Northcliffe and Scenic Hills Subdivisions, Project 1 (North cliffe Area).
Mrs. Madison presented a slide presentation, which explained the procedure involved in
the annexation process. Process begins with Public Hearings, Annexation and Zoning. A
zoning request must go through the City's Planning and Zoning Department, with final
approval at City Council level. She went on to explain, "Why annex" and covered all
reasons, benefits and explained such services that would be provided by the City.
At this time, Mayor Baldwin asked Mrs. Madison to complete her presentation on all
projects, instead of covering them one at a time. She went on and explained each project
proposed for annexation, detailing advantages, current conditions, and services that
currently exist such as Police (Guadalupe County), EMS, and Fire (Schertz) and streets
(Guadalupe County).
At this time, Mayor Baldwin opened the Public Hearing.
.
Members from the Hayden and Moczygemba family were present and together the family
is property owner of the 37.4 acres and all members stated they did not want to be
annexed by the City, and voiced concerns such as:
. Property would be split in half, because part of the property is in Schertz ETJ and
other part is in Cibolo ETJ.
. Family doesn't want to be annexed. Property will not be sold and the family
doesn't want to be in the City of Schertz. If control of development is any issue
and the reason for annexation, the family is set on not selling for a long time.
. If annexed, what assurance does the family have that a major road will not be
built right through the property?
. Land has been the family for many generations and it's a safe haven for the
family and it will all change with annexation.
. Property value increase.
. More taxes.
Lastly, the family asked Council not to annex their property for all the above reasons and
asked them to re-consider.
.
#4 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).
60
.
Mrs. Madison explained the annexation project is in the City ETJ and went on to explain
the advantages, current conditions, and services that currently exist such as Police
(Guadalupe County), EMS, and Fire (Schertz) and streets (Guadalupe County).
There were no citizen comments and Public Hearing was closed.
#5 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).
Mrs. Madison referred to the acreage as the "boot" and added that property was acquired
through a land swap with Universal City. She went on to point out the advantages,
current conditions, and existing services in the area.
There were no citizen comments and Public Hearing was closed.
#6 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.)
.
Mrs. Madison referred to the area as one of Schertz three holes. It's a very important area
because new Fire sub-station is being constructed in the area. The area is in SchertzETJ,
Comal County. She went on to point out the advantages, current conditions and existing
services in the area.
There were no citizen comments and Public Hearing was closed.
#7 PUBLIC HEARING: To receive citizen comments on proposed annexation
of approximately 224.40 acres located adjacent to existing city limits line between
FM 482 and Instate 35 near Hubertns Road, Project 5 (Hubertus Road Area);
Mrs. Madison again referred to the area as one of Schertz holes (second) and went on to
point out the advantages, current conditions and existing services in the area.
There were no citizen comments and Public Hearing was closed.
#8 PUBLIC HEARING: To receive citizen comments on proposed annexation
of 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).
Mrs. Madison again referred to the area as one of Schertz holes (third) and went on to
explain the advantages, current conditions and existing services in the area. With the
annexation of the last three tracts, it will close up the area that has been an issue for some
. time.
61
.
There were no citizen comments and Public Hearing was closed.
Council did not break and did not reconvene in the Conference Room for the remainder
of the meeting. Meeting continued in Council Chambers.
Before continuing with the next agenda item, Mary Garcia, Realtor has asked to speak on
the upcoming rezoning issue.
Mrs. Garcia, friend to the Gutierrez family for the last 36 years addressed Council and
gave brief history of the property. She believes that the highest and best use of the
property is the proposed development. The Gutierrez family is just trying to sell their
property. So she states, "Future is in your hands tonight".
Perry Donop, developer gave a brief explanation of what is planned as previously
discussed at last meeting with Council and reiterated that the proposed development is
quiet, is a good use and it would be a service to the community.
#2
ORDINANCE:
a. Remove from the table (tabled 11-02-04) action on first reading of
Ordinance rezoning 5.820 acres of land from Neighborhood Services (NS)
and Residential-l (R-l) to General Business (GB)
b. Consider and take action on first reading of Ordinance rezoning 5.82
acres ofland from Neighborhood Services (NS) and Residential-l (R-l) to
General Business (GB).
.
Mayor Baldwin explained the item had been tabled on November 2, 2004 and would
need a motion to remove from the table to consider the matter.
a. Remove from the table (tabled 11-02-04) action on first reading of Ordinance
rezoning 5.820 acres of land from Neighborhood Services (NS) and Residential-l (R-
I) to General Business (GB)
Councilmember Simonson moved to approve to take off the table first reading of
Ordinance rezoning 5.820 acres from Neighborhood Services (NS) and Residential-l (R-
1) to General Business (GB). Councilmember Wilenchik seconded the motion, which
carried with the following votes:
AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald
NAY: None.
b. Consider and take action on first reading of Ordinance rezoning 5.820 acres of
land from Neighborhood Services (NS) and Residential-l (R-l) to General Business
(GB).
.
62
.
.
.
Mrs. Madison gave briefmg on options and points out the rezoning goes against
Comprehensive Land Plan Use and it impacts the adjoining property owners. She also
gave a short review of previous discussion on the matter.
Councilmember Wilenchik stated that the issue should be based on rezoning, not what is
planned for development.
Mayor Baldwin reminds everyone of previous discussion regarding "spot zoning" and is
it the highest and best use for the property.
Without further discussion, Councihnember Wilenchik moved to approve first reading of
Ordinance rezoning 5.820 acres from Neighborhood Services (NS) and Residential-l (R-
I) to General Business (GB). There was no second to the motion. Because of no second,
the property will stay as currently zoned.
It was Council consensus to place the matter on Council workshop session for discussion
at a future date.
#9 ORDINANCE: Consider and ; take action on final reading of Ordinance
rezoning 19.098 acres from Residential! Agricultural (RA) to General Business (GB).
Mayor Baldwin introduced an Ordinance and read caption as follows:
ORDINANCE NO. 04-S-38
AN ORDINANCE BY THE CITY OF COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AMENDING THE UNIFIED DEVELOPMENT CODE
(UDC) ORDINANCE NO. 98-S-28 BY REZONING 19.098 ACRES OUT OF
BEXAR COUNTY, TEXAS AND REFLECTING SUCH CHANGES ON
CERTAIN ZONING MAPS IN ACCORDANCE WITH THE SCHERTZ
UDC ORDINANCE.
Councilmember Greenwald moved to approve final reading of Ordinance rezoning
19.098 acres from Residential/Agricultural (RA) to General Business (GB).
Councilmember Simonson seconded the motion, which carried with the following votes:
AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald
NAY: None.
#10 ORDINANCE: Consider and take action on final reading of Ordinance
establishing a new Tax Abatement and Tax Abatement Agreement with 6413 Tri-
County Parkway, Ltd.
Mayor Baldwin introduced an Ordinance and read caption as follows:
63
.
ORDINANCE NO. 04-T-39
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS REPLEAING TAX ABATEMENT 99-T-3 AND TAX
ABATEMENT AGREEMENT FOR AND WITH SCHERTZ VP
PARTNERS, LTD., AND ESTABLISHING A NEW TAX ABATEMENT
ORDINANCE AND TAX ABATEMENT BY THE CITY COUNCIL FOR
AND WITH 6413 TRI-COUNTY PARKWAY, LTD., A PROPERTY
OWNER IN THE CITY OF SCHERTZ.
Councilmember Greenwald moved to approve final reading of Ordinance establishing a
new Tax Abatement and Tax Abatement Agreement with 6413 Tri-County Parkway, Ltd.
Councilmember Agee seconded the motion, which carried with the following votes:
AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald
NAY: None.
#11 ORDINANCE: Consider and take action on final reading of Ordinance
establishing a new Municipal Court Technology Fund.
Mayor Baldwin introduced an Ordinance and read caption as follows:
.
ORDINANCE NO. 04-M-40
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS REPEALING ORDINANCE NO. 99-M-20,
NUMICIPAL COURT TECHNOLOGY FUND, AND ESTABLISHING
NEW ORDINANCE FOR A MUNICIPAL COURT TECHOLOGY FUND;
PROVIDING FOR THE ASSESSMENT AND COLLECTION OF A
MUNICIPAL COURT TECHNOLOGY FEE; PROVIDING FOR
SEVERABILITY; PROVIDING FOR PUBLICATION, AND PROVIDING
A REPLEAING CLAUSE.
Councilmember Agee moved to approve final reading of Ordinance establishing a new
Municipal Court Technology Fund. 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 on proposed Schertz Police Department K-9
Unit.
.
Interim City Manager Bierschwale explained that the proposed would be funded by found
money ($45,000). As explained in memo to Council, the money will be the department
after all legal requirements have been satisfied. The K-9 unit will cost #3,700 per year.
64
. Chief of Police Starr provided a breakdown of K-9 care and handler fee for Council
revlCW.
Councilmember Douglas moved to approve the Schertz Police Department K-9 Unit.
Councilmember Greenwald seconded the motion, which carried with the following votes:
AYES: Councihnembers Douglas, Simonson, Agee, Wilenchik and Greenwald
NAY: None.
#13 Discussion regarding ETJ Agreement with Bexar County.
Interim City Manager explained the agreement is the same as agreement with Guadalupe
County and recommends approval. It was Council consensus to place the ETJ Agreement
with Bexar County on next Tuesday nights meeting for action.
#14 Discussion and possible action regarding appointment of Planning and
Zoning Commission.
David Richmond, Chairman Planning and Zoning Commission stated that the
Commission voted unanimously to recommend Mrs. Robin Tutschke to fill the vacancy
created by the resigoation of Ms. Joyce Briscoe of October 1, 2004.
.
Councilmember Greenwald moved to approve appointment of Mrs. Robin Tutschke to
the Planning and Zoning Commission. Councilmember Simonson seconded the motion,
which carried with the following votes:
AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald
NAY: None.
#15 Discussion regarding Economic Development Corporation (4-B) By-Laws,
State Statutes and Articles of Incorporation.
Interim City Manager Bierschwale points out plans for are-write of By-laws and Articles
of Incorporation, and possibly looking at citizen participation as members of the Board
instead of Councilmembers.
Councilmember Douglas expressed that he would like to see citizens as Board members
with Council representation. Possibly the Board could be made up with the following as
members:
2-staff
2-Councilmembers
4-residents
.
It was pointed out that as a rule Board members should be comprised as:
2-Councilmembers
2-Citizens
65
.
I-Economic Director
I-Staff support, Finance Director
Mrs. Madison, Community Development Director stated that she would like to see the
City Manager given the flexibility to sit on Board as Executive Director or appoint
someone else.
It was Council consensus to have City Attorney clean up and update the By-laws and
Articles of Incorporation and bring back for Council review at future agenda.
#16 Discussion regarding first reading of Ordinance placing restrictions on the
use and operation of motor assisted scooters.
Interim City Manager Bierschwale briefly explained the reasons behind drafting scooter
Ordinance and deferred comments to Police Chief Starr. Chief Starr stated the Ordinance
is a good Ordinance, some corrections needed however after research from various cities,
the present Ordinance was drafted. The question asked, "where will these children ride",
as it is, there is not enough for them to do within the City.
.
After general discussion on the matter on issues regarding public way or public property
(definition) and Restrictions and prohibitions on locations of use, it was determined
Ordinance needs to be returned and reviewed by City Attorney, Michael Spain.
#17 Discussion regarding Sign Ordinance Review Committee.
Interim City Manager points out the need to establish a committee. Because
Councilmember Douglas has such an interest, he recommends Councihnember Douglas
to sit on committee as chairperson. Councilmember Douglas accepted the appointment.
He went to say that there is a need for volunteers and he would possibly be looking at
citizen involvement. He will report back as soon as possible and will get the ball rolling.
#18 Discnssion regarding development Moratorium.
Interim City Manager points out the need to place moratorium is due to serious flooding
in the area and other issues of concern. The city would like to continue the program to go
into moratorium stage for the area. Consensus of Council was to continue with placing a
development Moratorium.
#19 Items by Interim City Manager
General Announcement
Christmas Party, December 10th.
. Reminded Council of Employee Christmas Party, December 10th to be held at old
Church Parish Hall. He invites Council to attend.
.
66
.
. Christmas Parade starts at 6:00 pm, Friday, Dec. 3rd and Council is to meet at
City Hall and will be transported to Parade lineup. Council would be riding on
Fire Truck.
. Saturday, Dec. 4th, lOam snow at Pickrell Park and at noon, Pony Express is
expected.
. Reported of Ambulance accident. Ambulance was hit by 18-wheeler in Sehna and
estiroated damages are approximately $24,000. Two EMS personnel and one
patient were transported to hospital.
#20
Items by Council
General Annonncements
Councilmember Douglas
Liaison EDC
Liaison-Schertz Library Board
. Commented on CPS annual City workshop.
Mayor Pro-tem Simonson
4-B Board
Liaison BVY A
.
. No comment.
Councilmember Agee
4-B Board
Liaison Schertz Housing Authority
. No Comment.
Councilmember Wilenchik
4-B Board
Liaison Schertz Humane Society
Liaison HOA Coalition
Ex-officio- TSAC
. Advised he would be out of town 4th of January and needs to have someone take
his place at the Northcliffe HOA meeting, January 5th. Councilmember
Greenwald stated he would attend the meeting.
. Inquired on pond (water) in front of Denny's, is it run off from the carwash?
.
Councilmember Greenwald
4-B Board
Ex-officio P & Z Commission
Ex-officio SSLG Corp.
67
.
. Commented on Cibolo Resolution request and he has no problem with it, he
would like to see it on a workshop session.
#21
Items by Mayor
General Announcements
. Reported on City Manager selection committee. All attended, except one member.
Have received 29 applicants. City Manager Jack Hamlet from Seguin offered his
assistance.
#22 ADJOURNMENT
With no further business, Mayor Baldwin adjourned the meeting at 9:53 p.m.
Mayor, City of Schertz, Texas
'.
ATTEST:
.
68