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ccreg 10-21-03 . MINUTES CITY COUNCIL REGULAR SESSION OCTOBER 21, 2003 The Schertz City Council convened in Regular Session on Tuesday, October 21,2003 at 7:00 p.m. in the Municipal Complex Council Chambers, 1400 Schertz Parkway, Schertz, Texas. Those present were Mayor Hal Baldwin, presiding; Councilmembers Carl Douglas, Steve Simonson, Tony Wilenchik and Ken Greenwald; absent: Councilmember Reginna Agee. Also present were City Manager Mark Marquez and City Secretary Norma Althouse. Mayor Baldwin asked everyone to rise and join him in the Pledge of Allegiance to the Flag. #1 INTRODUCTION of new employee in Public Works Department. (The new employee was not present, so this item will be placed on a future agenda.) #2 HEARING OF RESIDENTS: . Robert Brockman of 4505 Grand Forrest brought up the following: (a) The locks have been taken off the recycle dumpster outside City Hall. Mr. Marquez promised to check into the situation. (b) An incident occurred this past Sunday on FM 78 and the police officers arrived without their orange vests. Chief Cantrell said it is not his policy for them to wear orange vests. As a citizen and taxpayer, Mr. Brockman said he finds that policy unacceptable. He was reprimanded for not wearing an orange vest when he was volunteering his help to the City. (c) Number #26 on the agenda calls for setting a public hearing date for a Specific Use Permit, but it doesn't say what kind of Specific Use Permit is being requested. (d) There are branches over the wires at Buffalo Drive. Ron Glazener, Sr. of 1512 Circle Oak Drive spoke about traffic on Circle Oak Drive. He didn't see this item on the agenda tonight, but he knew there was some discussion about it at a previous workshop. Mayor Baldwin admitted a discussion of this kind is usually done at a workshop. The staff is looking into the situation and trying to come up with recommendations for a solution to the problem. Mr. Marquez added they would probably wait until construction is finished before making any decisions. Mr. Glazener commented he would like to see discussion of the traffic problem on a forthcoming agenda and would . like for the Homeowners Association to be apprised of it. 33 . Mr. Glazener went on to say there was ample discussion about this three years ago and the people in his subdivision were under the impression the problem would be solved. There was an overflow crowd at the Planning and Zoning meeting complaining about this situation. David Richmond of 2921 Bent Tree asked if there had been a recent change in the Solicitor's Ordinance. He has had door hangers on his door on five consecutive days. He spoke with the Inspection Department and was told people going door to door with door hangers don't have to get a permit. It bothers him that they don't know who's going through their neighborhood. They used to have control and now they don't. They prided themselves on that control. The subject has been put on his Homeowner's Association's meeting for discussion. Mr. Marquez indicated they could revisit the Solicitor's Ordinance. #3 APPROVAL OF MINUTES: Regular Session Special Workshop Session Regular Session Special Workshop Session 8-19-03 8-27-03 9-02-03 9-10-03 . Mr. Douglas moved to approve the minutes, as written, for the Regular Session of 8-19- 03, the Special Workshop Session of 9-27-03, the Regular Session of 9-02-03 and the Special Workshop Session of 9-10-03. Mr. Simonson seconded the motion, which carried with the following votes: AYES: Councilmembers Douglas, Simonson, Wilenchik and Greenwald. NAYS: None. #4 RESOLUTION: CONSIDERATION AND APPROVAL OF A RESOLUTION RELATING TO ESTABLISHING THE CITY'S INTENTION TO REIMBURSE ITSELF FOR THE PRIOR LAWFUL EXPENDITURE OF FUNDS FROM THE PROCEEDS OF OBLIGATIONS TO BE ISSUED BY THE CITY FOR AUTHORIZED PURPOSES; AUTHORIZING MATTERS INCIDENT AND RELATED THERETO; AND PROVIDING AN EFFECTIVE DATE. Mayor Baldwin introduced a Resolution and read the caption as follows: RESOLUTION NO. 03-R-25 RESOLUTION: CONSIDERATION AND APPROVAL OF A RESOLUTION RELATING TO ESTABLISHING THE CITY'S INTENTION TO REIMBURSE ITSELF FOR THE PRIOR LAWFUL EXPENDITURE OF FUNDS FROM THE PROCEEDS OF OBLIGATIONS TO BE ISSUED BY THE CITY FOR AUTHORIZED PURPOSES; AUTHORIZING MATTERS INCIDENT AND . RELATED THERETO; AND PROVIDING AN EFFECTIVE DATE. 34 . Mr. Marquez advised the earnest money would be delivered tomorrow for the purchase of the church property next door. They plan to remodel the sanctuary and the church community center as well as the City's current community center and do a few other minor projects. The remodeling is estimated to cost approximately 1.5 million dollars. They have already engaged an architect. Mr. Greenwald explained they are taking money out of the reserves and when the bond is approved, they would put the money back in the reserves. Mr. Greenwald moved to approve the Resolution relating to establishing the City's intention to reimburse itself for the prior lawful expenditure of funds from the proceeds of obligation to be issued by the City for authorized purposes; authorizing matters incident and related thereto; and providing an effective date. Mr. Wilenchik seconded the motion, which carried with the following votes: AYES: Councilmembers Douglas, Simonson, Wilenchik and Greenwald. NAYS: None. . #5 PUBLIC HEARING: To receive citizen comments on a request from Continental Homes of Texas LP to rezone 192.48+ acres from General Business (GB):and Residential A (R_A) to 38.2+ acres as General Business (GB) and 1543+ acres as. Residential 5 (R-5). Mayor Baldwin explained the procedure to be followed for the public hearing. Mr. Marquez stated the property is located on IH-35 and Wiederstein Road adjacent to Freeway Manor. Planning and Zoning has already held their public hearing on this request. Forty-two (42) letters were sent to property owners within the legally required distance and four (4) were returned in favor. Erika Juckmes, representing Continental Homes, related that the past couple of months she and the engineers, along with City staff and the Planning and Zoning Commission, have been working on developing this land. They have worked on saving trees and trying to maintain the bird habitat. General Business is remaining the same minus possibly one acre. There were no metes and bounds, so they created some. The remaining land will be zoned R-5 and those lots exceed the R-5 request (50% will be 5500 to 7000 square feet and 50% will be 7000 square feet and above). Ms. Juckmes went on to say they are offering a collector road from Old Wiederstein to IH-35 as well as a maintained roadway behind the commercial zoning to allow movement. Continental would like for Council to consider approving this rezoning request so they can produce a quality subdivision for the City of Schertz. . Don Schaezler of 19349 Old Wiederstein Road said he lives directly across the street and has been following this development. He was impressed by the Planning and Zoning 35 . Commission. He is an environmental engineer. The area is sparsely populated and this development would change that. His major concern is the environmental impact. Lots of amenities would need to be provided such as educational and recreational facilities. Mr. Schaezler went on to say there are approximately 150 acres of woodland that serve as available nesting and protection for migratory birds. He would like to see the woodland areas preserved. Mayor Baldwin asked Ms. Juckmes what area they are not going to develop. Ms. Juckmes replied there are approximately 10-15 acres where there would be some park area, a detention pond and as many trees as possible. Lincoln Coderre of 19094 Old Wiederstein Road stated he agrees with Mr. Schaezler in that they are not against growth and development. However, this would ruin the charm of this area that attracted them to it in the first place. He is concerned about the issues of wildlife and air pollution. He is concerned that part of the development will end up in his living room. He is concerned about a lift station within 300 feet of his house. He is against the lift station and the widening of the road. As far as the demographics by Continental, they are ridiculous. There are huge volumes of traffic out there. . . David Richmond of 2921 Bent Tree Drive stressed that during the planning process for this proposal they tried to address all concerns. He appreciates concerns by the residents on Old Wiederstein Road, but the City cannot dissuade any owner from selling property to a developer. They can only work with developers. This is the first piece of property along IH-35 made available for development. It could have been Wal-Mart and not Continental Homes. Mr. Richmond went on to say until the annexation of Northcliffe, they didn't have residential along there. It is being surrounded more by residential development. The intervening land belongs to Cibolo. The Comprehensive Land Plan says IH-35 should have light industrial or research type development and he thinks that's visionary. The issues of the residents don't go away. They have valid concerns and would like to maintain the status quo. Can this developer afford to get all the right-of-way needed to widen the road? If they can, it is better residential than industrial. There are both pros and cons and City Council has a difficult decision to make. Amy Madison, Economic Development Director, thanked the developer for their cooperation with Planning and Zoning. She said the first time they looked at the property they did a walkabout. and they will do that for all developments in the future. There being no further comments or questions, Mayor Baldwin closed the public hearing at this time. . #6 ORDINANCE: Consider and take action on first reading of Ordinance rezoning 192.48+ acres from GB and R-A to 38.2+ acres as GB and 154.3+ acres as R-5 (Continental Homes of Texas LP). 36 . Before reading the caption and introducing the Ordinance, Mayor Baldwin made a few remarks. In the 1970's he was employed by the City of Schertz. The City Council and staff at that time made bold attempts to annex along IH-35 for future industrial development. The Master Plan designated the area as light industrial. Forbes bought the property as industrial and they have some of the most valuable property along IH-35. Once there's an area given up for residential development, people will object in large volumes. He appreciates the work done by Continental Homes and by the staff. This rezoning request is absolutely fraught with problems. Busses will be a problem for the school district. Old Wiederstein Road is horribly undersized for any kind of development. The only way we can improve the road is to do it ourselves. Cibolo has a subdivision as close as twelve feet from the road. Mayor Baldwin went on to say once you put in residential, you would never have light industrial. You will lose one of the most valuable properties in Schertz. He is not saying the zoning change should be disapproved, he is just saying Council should talk about it. Ms. Juckmes mentioned that one of the things Continental looked at was making sure the proposed zoning is compatible. . Mayor Baldwin mentioned one of the things they wanted to maintain was commercial value to the City. There should be a buffer between commercial and residential. That was something they took into consideration when doing the Master Plan. The Mayor went on to say if an area is already developed as residential and people have bought homes there and someone is looking at putting commercial next to them, this room would be filled with angry people objecting to the commercial development. Mayor Baldwin then indicated he would like to speak with Chuck Forbes to see what he wants to do. Mr. Marquez probably has some comments on this. Mr. Marquez stated he had raised some concerns several weeks ago. This action may be a catalyst to go back and change the Master Plan. Continental Homes, Planning and Zoning and staff worked in good faith and the further back we stood, we asked is this what we really want to do. Tabling the issue would be unfair to Continental Homes. He would rather it be rejected to give Continental Homes an opportunity to come back and present their case. Mr. Marquez further stated the road and the sewer are a big concern. The Comprehensive Land Plan is not a perfect document. Things are changing. Ms. Juckmes pointed out Continental is not able to move forward without Planning and Zoning and City Council permission and worse if they don't have staff approval. They are only here for the rezoning issue. Mr. Marquez assured her they don't want to lead her on and don't want Continental to waste any more money. . Mr. Simonson noted the Comprehensive Land Plan is the fourth plan they've had. In all the planning in the past twenty years, they kept industrial on the same side of the road. 37 . From the viewpoint of a planner, if you get no cooperation from sister cities on the road, it causes an abomination. He thinks Planning and Zoning did yeoman work on this. The zoning issue has nothing to do with roads. Mr. Greenwald observed that until we resolve the road and sewer problems, he doesn't foresee any kind of development. Mr. Douglas said he appreciates all the input and hard work, but his primary purpose is consideration of all the citizens of Schertz. He doesn't feel comfortable supporting this project at this time. David Richmond pointed out that a developer with deeper pockets would be able to pay for the widening of the road. Mr. Marquez suggested taking some care on how they approach this. Mr. Wilenchik said he was inclined to agree with the Mayor and the City Manager. Mayor Baldwin commented if they disapprove it, the developer couldn't come back for six months. Ms. Juckmes said she would rather it be tabled than voted on at this time. That would be in the best interest of the City and Continental Homes. . Mr. Douglas moved to table the first reading of the Ordinance rezoning 192.48+ acres from GB and R-A to 38.2+ acres as GB and 154.3+ acres as R-5 (Continental Homes of. Texas LP). Mr. Wilenchik seconded the motion, which carried with the following votes: AYES: Councilmembers Douglas, Simonson, Wilenchik and Greenwald. NAYS: None. Mr. Marquez told Ms. Juckmes they would let her know when they are going to discuss this again. A short recess was taken at this time. Mayor Baldwin had to leave and Mayor Pro-Tern Greenwald presided over the remainder of the meeting. After the break, Mayor Pro-Tern Greenwald informed everyone the Mayor had to leave because there's a medical problem with his great-granddaughter. Everyone was asked to keep her in their prayers. #7 PUBLIC HEARING: To receive citizen comments on a request from Larry Fritz of Audio Concepts for a Specific Use Permit. Mayor Pro-Tern Greenwald explained the procedures to be followed for the public hearing. . 38 . Mr. Marquez explained the requested Specific Use Permit would be for the location at 205 First Street, which is the old bicycle shop. Mr. Fritz is planning to put a mobile audio store in there. There were ten (10) letters sent out to property owners within the required distance and none were returned. Staff recommends approval. Robert. Brockman of 4505 Grand Forrest asked, if the Specific Use Permit is approved, could Mr. Fritz put as many people as possible in there. Mr. Marquez replied he didn't think so. There being no further comments or questions, Mayor Pro-Tern Greenwald closed the public hearing at this time. #8 Consider and take action on above request for a Specific Use Permit. Mr. Douglas moved to approve the request from Larry Fritz for a Specific Use Permit. Allowing him to put a mobile audio store at 205 First Street. Mr. Wilenchik seconded the motion, which carried with the following votes. AYES: Councilmembers Douglas, Simonson, Wilenchik, and Mayor' Pro-Tern Greenwald. NAYS: None. . #9 PUBLIC HEARING: To receive citizen comments on a request from George Smith for a Specific Use Permit. Mayor Pro-Tern Greenwald explained the procedures to be followed for the public hearing. Mr. Marquez related that Mr. Smith is requesting permission to place three mobile homes offIH-35 in an area zoned M-l. There were four (4) letters sent out to property owners within the required distance and one (1) was returned in favor. Staff recommends approval. Robert Brockman of 4505 Grand Forrest asked if it's mobile homes or manufactured homes. He was told it is manufactured homes. There being no further questions or comments, Mayor Pro-Tern Greenwald closed the public hearing at this time. # I 0 Consider and take action on above request for a Specific Use Permit. Mr. Simonson moved to approve the request from George Smith for a Specific Use Permit allowing him to place three mobile homes along IH-35 in an area zoned M-l. Mr. . Douglas seconded the motion, which carried with the following votes: 39 . AYES: Councilmembers Douglas, Simonson and Wilenchik and Mayor Pro-Tern Greenwald. NAYS: None. #11 PUBLIC HEARING: To receive cItizen comments on a request from Trico/Shadeports, Inc. to rezone 4.0+ acres from Predevelopment District (PD) to General Business (GB)> Mayor Pro-Tern Greenwald explained the procedures to be followed for the public hearing. Mr. Marquez advised this property is partly offFM 482 and all of it is in the City limits. There were eight (8) letters sent to property owners within the required distance and one (1) was returned in favor and one (1) was returned opposed. Staff recommends approval. There being no questions or comments, Mayor Pro-Tern Greenwald closed the public hearing at this time. #12 ORDINANCE: Consider and take action on first reading of Ordinance rezoning 4.0+ acres from PD to GB (Trico/Shadeports, Inc.). . Mayor Pro-Tem Greenwald 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-S-28 BY REZONING 4.0+ ACRES OUT OF COMAL COUNTY FROM PREDEVELOPMENT (PD) TO GENERAL BUSINESS (GB). Mr. Simonson moved to approve the first reading of an Ordinance rezoning 4.0+ acres from PD to GB. Mr. Douglas seconded the motion, which carried with the following votes: AYES: Councilmembers Douglas, Simonson and Wilenchik and Mayor Pro-Tern Greenwald. NAYS: None. #13 ORDINANCE: Consider and take action on final reading of Ordinance adopting guidelines and criteria for Tax Abatement and Reinvestlnent Zones. . Mayor Pro-Tern Greenwald introduced an Ordinance and read the caption as follows: 40 . ORDINANCE NO. 03-T-30 BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, ADOPTING GUIDELINES AND CRITERIA FOR TAX ABATEMENT AND REINVESTMENT ZONES; AND PROVIDING A REPEALING CLAUSE. Mr. Marquez commented there have been no changes since it was discussed at the workshop. It will not become effective until January 1, 2004. Mr. Douglas moved to approve the final reading of an Ordinance adopting guidelines and criteria for Tax Abatement and Reinvestment Zones. Mr. Simonson seconded the motion, which carried with the following votes: A YES: Councilmembers Douglas, Simonson and Wilenchik and Mayor Pro-Tern Greenwald. NAYS: None. #14 PUBLIC HEARING: To hear citizen comments regarding establishment of .. Walko Reinvestlnent Zone. . Mayor Pro-Tern Greenwald explained the procedures to be followed for the public hearing. Mr. Marquez noted this is the establishment of a Reinvestment Zone as required by State law. Robert Brockman of 4505 Grand Forrest requested an outline of the area. Amy Madison pointed it out on a map as at the Industrial Park on Bell North Drive. There being no further questions or comments, Mayor Pro-Tern Greenwald closed the public hearing at this time. #15 ORDINANCE: Consider and take action on first reading of Ordinance establishing the Walko Reinvestment Zone. Mayor Pro-Tern Greenwald introduced an Ordinance and read the caption as follows: AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS ESTABLISHING THE WALKO REINVESTMENT ZONE. . 41 . Mr. Wilenchik moved to approve the first reading of an Ordinance establishing the Walko Reinvestlnent Zone. Mr. Douglas seconded the motion, which carried with the following votes: A YES: Councilmembers Douglas, Simonson and Wilenchik, and Mayor Pro-Tern Greenwald. NAYS: None. #16 ORDINANCE: Consider and take action on first reading of Ordinance approving a Tax Abatement and Tax Abatement Agreement for Walko Investments, Inc. Mayor Pro- Tem Greenwald introduced an Ordinance and read the caption as follows: AN ORDINANCE THE CITY OF SCHERTZ, TEXAS, APPROVING A TAX ABATEMENT AND A TAX ABATEMENT AGREEMENT BY THE CITY COUNCIL FOR AND WITH WALKO INVESTMENTS, INC., A PROPERTY OWNER IN THE CITY OF SCHERTZ. . . . Mr. Douglas moved to approve the first reading of an Ordinance approving a Tax Abatement and Tax Abatement Agreement for Walco Investments, Inc. Mr. Wilenchik seconded the motion, which carried with the following votes: A YES: Councilmembers Douglas, Simonson and Wilenchik, and Mayor Pro-Tern Greenwald. NAYS: None. #17 PUBLIC HEARING: To hear citizen comments regarding establishment of G.D. Bar Reinvestment Zone. Mayor Pro-Tem Greenwald explained the procedures to be followed for the public hearing. Robert Brockman of 4505 Grand Forrest inquired that if there's no building there, would there still be the possibility of an abatement and Mr. Marquez replied yes. There being no further questions or comments, Mayor Pro-Tern Greenwald closed the public hearing at this time. #18 ORDINANCE: Consider and take action on first reading of Ordinance establishing the G.D. Bar Reinvestlnent Zone. . 42 . Mayor Pro- Tem Greenwald introduced an Ordinance and read the caption as follows: AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, ESTABLISHING THE G.D. BAR REINVESTMENT ZONE. Mr. Douglas moved to approve the first reading of an Ordinance establishing the G.D. Bar Reinvestment Zone. Mr. Simonson seconded the motion, which carried with the following votes: AYES: Councilmembers Douglas, Simonson and Wilenchik, and Mayor Pro-Tern Greenwald. NAYS: None. #19 ORDINANCE: Consider and take action on first reading of Ordinance approving a Tax Abatement and Tax Abatement Agreement for GD Bar Family Limited. Mayor Pro-Tern Greenwald introduced an Ordinance and read the caption as follows: AN ORDINANCE . THE CITY OF SCHERTZ, TEXAS, APPROVING A TAX ABATEMENT AND A TAX ABATEMENT AGREEMENT BY THE CITY COUNCIL FOR AND WITH GD BAR FAMILY LIMITED PARTNERSHIP, A PROPERTY OWNER IN THE CITY OF SCHERTZ. Mr. Wilenchik moved to approve the first reading of an Ordinance approving a Tax Abatement and a Tax Abatement Agreement for and with GD Bar Family Limited Partnership. Mr. Simonson seconded the motion, which carried with the following votes: AYES: Councilmembers Douglas, Simonson and Wilenchik, and Mayor Pro- Tem Greenwald. NAYS: None. #20 ORDINANCE: Consider and take action on final reading of TSAC (Transportation Safety Advisory Commission) Ordinance. Mayor Pro-Tem Greenwald introduced an Ordinance and read the caption as follows: . 43 . ORDINANCE NO. 03-M-29 BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF SCHERTZ, TEXAS, BE AMENDED BY REVISING CHAPTER 2, ADMINISTRATION; AND PROVIDING A REPEALING CLAUSE. Mr. Marquez pointed out the Council will notice the TSAC is now a Commission versus a Committee. There have been no changes since this was discussed at the workshop. Mr. Douglas moved to approve the final reading of the TSAC Ordinance. Mr. Wilenchik seconded the motion, which carried with the following votes: AYES: Councilmembers Douglas, Simonson and Wilenchik, and Mayor Pro- Tem Greenwald. NAYS: None. #21 ORDINANCE: Consider and take action on first reading of Wrecker Franchise Ordinance. . Mayor Pro- Tem Baldwin introduced an Ordinance and read the caption as follows: AN ORDINANCE PROVIDING THAT THE CODE OF ORDINANCES, CITY OF SCHERTZ, TEXAS BE AMENDED BY CREATING CHAPTER 11, WRECKERS AND TOW TRUCK FRANCHISE FOR NON-CONSENT TOWING OF DISABLED OR WRECKED VEHICLES; IMPOSING PROVISIONS AND CONDITIONS RELATING TO THE EXERCISE OF SAME; AND PROVIDING FOR PENALTIES FOR VIOLATION THEREOF; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND ESTABLISHING AN EFFECTIVE DATE. Mr. Marquez explained this Ordinance establishes the criteria, but it does not establish the franchise. They have been wanting an impound yard located in the City limits, so there may be some changes to Section 8 before the final reading of the Ordinance. The fees are not included in the Ordinance, they will be only an Exhibit. Mayor Pro-Tem Greenwald asked if they are going to require a towing company to be equipped so they can tow an 18-wheeler. Mr. Marquez replied they could sub-contract out that type of towing. Robert Brockman asked if this is a new Ordinance and was told it is. . 44 . Mr. Simonson moved to approve the first reading of a Wrecker Franchise Ordinance. Mr. Douglas seconded the motion, which carried with the following votes: A YES: Concilmembers Douglas, Simonson, and Wilenchik, and Mayor Pro-Tern Greenwald. NAYS: None. #22 ORDINANCE: Consider and take action on first reading of Ordinance regarding dissolution of Schertz Parkway Zone Board of Directors and disposition offunds. Mayor Pro-Tern Greenwald introduced and Ordinance and read the caption as follows: AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, DISSOLVING REINVESTMENT ZONE NUMBER ONE, DISBANDING THE SCHERTZ PARKWAY ZONE BOARD OF DIRECTORS AND PROVIDING FOR THE DISPOSITION OF FUNDS OF THE TAX INCREMENT FINANCING FUND. . Mayor Pro-Tem Greenwald commented he's sorry to see the Parkway Zone Board go, but it's the right thing to do. Mr. Marquez commented the first Ordinance didn't establish a termination date, that's the reason for this Ordinance. There is approximately $78,000 left in the fund. He recommends leaving $1,000 in to cover the audit of the books and that the balance go to the I&S Fund. The Parkway Zone Board is to be commended for their work. Mr. Douglas moved to approve the first reading of an Ordinance regarding dissolution of Schertz Parkway Zone Board of Directors and disposition of funds. Mr. Simonson seconded the motion, which carried with the following votes: AYES: Councilmembers Douglas, Simonson and Wilenchik, and Mayor Pro- Tem Greenwald. NAYS: None. #23 RESOLUTION: Consider and take action approving Resolution regarding STEP Program (Selective Traffic Enforcement Program). Mayor Pro-Tern Greenwald introduced a Resolution and read the caption as follows: . 45 . RESOLUTION NO, 03-R-19 BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH THE TEXAS DEPARTMENT OF TRANSPORTTION FOR A SELECTIVE TRAFFIC ENFORCEMENT PROGRAM FOR THE PERIOD OF OCTOBER 1,2003 THROUGH SEPTEMBER 30, 2004. Police Chief Cantrell related that the main target dates are Thanksgiving, Spring Break, Memorial Day and Labor Day. Schertz is one of the few cities to receive $15,000 for this program. Mr. Simonson moved to approve the Resolution authorizing the City Manager to enter into a contract with the Texas Department of Transportation for a STEP Program. Mr. Wilenchik seconded the motion, which carried with the following votes: AYES: Councilmembers Douglas, Simonson and Wilenchik, and Mayor Pro-Tern Greenwald. NAYS: None. . #24 BUDGET: Consider and take action approving Schertz/Seguin Local Government Corporation budget for FY 2003/2004. Mr. Marquez advised Council this is just in the packet for review. The Seguin City Council has already approved it. Mr. Douglas moved to approve the Schertz/Seguin Local Government Corporation budget for FY 2003/2004. Mr. Wilenchik seconded the motion, which carried with the following votes: AYES: Councilmembers Douglas, Simonson and Wilenchik, and Mayor Pro- Tem Greenwald. NAYS: None. #25 2003 TAX ROLL: Consider and take action approving 2003 Tax Roll. Mr. Marquez mentioned that we have to formally approve the tax roll every year. The total this year is $1,231,083,652. Mayor Pro-Tern Greenwald added it's normally provided in July, but you have to take into consideration all those who contested their taxes. Mr. Wilenchik moved to approve the 2003 Tax Roll in the amount of $1,231,083,652. . Mr. Simonson seconded the motion, which carried with the following votes: 46 . A YES: Councilmembers Douglas, Simonson and Wilenchik, and Mayor Pro-Tem Greenwald. NAYS: None. #26 PUBLIC HEARING DATE: Consider and take action setting public hearing date for Specific Use Permit request. Mr. Marquez noted this is a request from Harold and Linda Reno for a second residential dwelling at 411 Curtiss Ave. The City Secretary was asked when a good date would be for the public hearing and she replied November 18,2003. Mr. Simonson moved to approve the scheduling of November 18, 2003 for a public hearing on a Specific Use Permit request from Harold and Linda Reno for a second residential dwelling at 411 Curtiss Ave. Mr. Wilenchik seconded the motion, which carried with the following votes: AYES: Councilmembers Douglas, Simonson and Wilenchik, and Mayor Pro- Tem Greenwald. . NAYS: None. #27 Items by City Manager General Announcements Said he was told by Judge Schwab that the Commissioner's Court would most likely vote to cancel the EMS contract. When asked if we were going to resubmit, Mr. Marquez told him he didn't know. Commented they have a document offering a fire contract at $750 per month. He will reject that if Council has no objections. Mentioned the City has a policy whereby you have to take all your leave over the maximum amount of accruable leave allowed by October 1st of each year. There have been several employees who have not been able to do that and they would like to extend the date until January 1, 2004. He and John Bierschwale are the biggest offenders. Mr. Simonson said they have extended it in the past because they want employees to take their leave. The consensus of Council was to extend the time for those employees to take their leave until January 1, 2004. Robert Brockman asked if the City doesn't have a policy whereby someone can give his or her leave to a sick person. Mr. Marquez answered that raises the issue about subordinates giving their time to a higher person. It was suggested maybe the City should come up with a better policy. . 47 . Reassured Council that 30 items is not the regular agenda routine, things just fall that way sometimes. He will try to limit future agendas. #28 Items by Council General Announcements Councilmember Douglas Liaison - EDC Commented on the super efficient service of the EMS Department over the weekend. He mother had a stroke and he is deeply grateful for their response. Mayor Pro-Tern Greenwald asked him to put it in writing and he agreed to do so. Councilmember Simonson 4-B Board Liaison BVY A Thanked the Staff for their time and money donated for the ALS walk last weekend. . Councilmember Agee 4-B Board Liaison - Schertz Housing Authority Liaison - Schertz Library Board. Mrs. Agee was absent Councilmember Wilenchik 4-B Board Liaison - Schertz Humane Society Liaison - HOA Coalition Remarked he would be out of pocket next week. Also requested that at the first workshop in November they discuss the wording of the Tax Abatement Ordinance. Councilmember Greenwald 4-B Board Ex-officio - P&Z Commission Ex-officio - S/SLGC Noted the Schertz/Seguin Local Government Corporation had their meeting last Thursday. Well #7 is complete. They are drafting plans for the roadway, gates, etc. They are doing a pump test on Well #8. Some bad pipe connections were reported. . #29 Items by Mayor General Announcements 48 . (Mayor Pro- Tem Greenwald had made his comments under Comments by Council.) Before adjournment, Amy Madison told anyone who needs tickets for the Business Appreciation dinner to let her know how many. #30 ADJOURNMENT Ther? being no further business to diSCU.~' ..M. ",,;.yor Pi-Tern Greenwald adjourned the _'g'1935p,m, (7~ ~ Mayor, City of Schertz, Texas ATTEST: ~~ City Secretary, City of Schertz, Texas . . 49