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ccreg 11-18-03 Schertz City Council – Regular Session Tuesday, November 18, 2003 The Schertz City Council convened in regular session on Tuesday, November 18, 2003 at 7:00 p.m. in the Municipal Complex Council Chambers, 1400 Schertz Parkway, Schertz, Texas. The following members were present: Mayor Hal Baldwin presiding, Councilmembers Steve Simonson, Reginna Agee, and Tony Wilenchik and Ken Greenwald. Councilmember Douglas absent. Staff members present were City Manager Mark Marquez and Deputy City Secretary Mary Ybarra. Mayor Pro-Tem Greenwald asked that everyone rise and join him in the pledge of allegance. Mayor Baldwin stated that before continuing with agenda there is a bit housekeeping to be done by City staff. At this time, Mayor Baldwin introduced Amy Madison, Community Development Director who would make presentation. Ms. Madison informed Council that for the past three years the Inspection Department has had a young lady on staff enlisted with the National Guard. She now is active duty with Battalion Retention and her name is Becky Siwecki. She went on to say that Ms. Siwecki submitted the City to receive an award, she being the nominator. At this time, Ms. Madison read narrative that qualified the City for the award. It basically stated how the inspection department supported her, covered workload and many times on very short notice. She went on to say the entire department continues to support and she couldn’t ask for better civilian employer support then what the City of Schertz Inspection Department extended. At this time, Ms. Siwecki presented and read certificate from “The National Committee for Employer Support of the Guard and Reserve” to Mayor Baldwin. Mayor Baldwin thanked Ms. Siwecki and wished her the best of luck. Mayor Baldwin took the opportunity to also introduced Guadalupe County Tax Assessor, Tavie Murphy who was present. The City is always happy to have such distinguished guests. #1 INTRODUCTION of new employee in Public Works Department. Sam Willoughby, Public Works Director introduced new employee, Water Department foreman, Thomas Roebuck. A short background bio was part of Council packet indicating his work experience, education and family. Council welcomed him and wished him luck. #2 HEARING OF RESIDENTS: Robert Brockman of 4505 Grand Forest inquired if item #7 was a voluntary request for rezoning. He was advised it was. David Richmond, of 2921 Bent Tree Drive stated he would hold comments until agenda item #7. #3 APPROVAL OF MINUTES: Regular Session of September 16, 2003. Councilmember Agee moved to approve the minutes of regular session September 16, 2003 as written. Councilmember Simonson seconded the motion, which carried with the following votes: AYES: Councilmembers Simonson, Agee, Wilenchik and Greenwald. NAY: None. #4 PUBLIC HEARING: To receive citizen comments on a request form Harold and Linda Reno for a Specific Use Permit allowing a second residential dwelling at 411 Curtiss Ave. Mayor Baldwin explained the procedure to be followed in a Public Hearing. City Manager Marquez explained the property owner (Mrs. Reno) is asking for a specific use permit to allow construction of second dwelling. The addition would be for Mrs. Reno’s mother who is unable to care for herself. Planning and Zoning has held their public hearing on the request, and has recommended approval. Nineteen (19) letters were sent to property owners within the legal required distance and three (3) were returned in favor. There were no letters returned opposed. The City has no objection and recommend approval. Mrs. Reno stated that approval would make it much easier for family to care for her mother and asked Council for their approval. There were no other citizens present to speak on the matter. Mayor Baldwin closed the Public Hearing at this time. #5 Consider and take action on above request for a Specific Use Permit. Councilmember Greenwald moved to approve the request for a specific use permit at 411 Curtiss Ave. Councilmember Agee seconded the motion, which carried with the following votes: AYES: Councilmembers Simonson, Agee, Wilenchik and Greenwald NAY: None. #6 RESOLUTION: Consider and take action on Resolution approving and adopting a Service and Assessment Plan for the Schertz I-35/3009 Public Improvement District; accepting a proposed Assessment Roll for the Schertz I- 35/3009 Public Improvement District and requiring such Assessment Roll to be filed with the City Secretary for public inspection; setting a public hearing to be held on such Assessment Roll; approving and authorizing the giving of notice of such public hearing and resolving other matters incident and related thereto. Mayor Baldwin introduced a Resolution and read caption as follows: RESOLUTION NO. 03-R-23 RESOLUTION APPROVING AND ADOPTING A SERVICE AND ASSESSMENT PLAN FOR THE SCHERTZ I-35/3009 PUBLIC IMPROVEMENT DISTRICT; ACCEPTING A PROPOSED ASSESSMENT ROLL FOR THE SCHERTZ I-35/3009 PUBLIC IMPROVEMENT DISTRICT AND REQUIRING SUCH ASSESSMENT ROLL TO BE FILED WITH THE CITY SECRETARY FOR PUBLIC INSPECTION; SETTING A PUBLIC HEARING TO BE HELD ON SUCH ASSESSMENT ROLL; APPROVING AND AUTHORIZING THE GIVING OF NOTICE OF SUCH PUBLIC HEARING AND RESOLVING OTHER MATTERS INCIDENT AND RELATED THERETO. City Manager Marquez explained that back in April the process of the Public Improvement District (PID) began. It’s objective, to solve major traffic problem along FM 3009. At this time a map was presented showing the problem areas. He commented the major problem is at intersection of FM3009 and IH-35, when traffic tries to cross back and forth from businesses on FM3009. From comments taken from City Forum held some time ago many of the concerns voiced, was to fix FM3009. Funding of project would be by Certificate of Obligation. He went on to say the map indicates Public Improvement District (PID) boundaries, which are shown in pink. The City has acquired (7) seven of the fourteen (14) entities to form an advisory committee. The committee has worked out costs, assessment numbers and has approved the plan as shown on map. The key part (of project) is placement of signal light enabling traffic to cross protected. Another major addition is placement of median (down middle of road), which would start at IH- 35 intersection and end at second entrance to HEB parking lot. This plan might not be the perfect plan, but it’s the best plan the advisory board could come up with. He went on to say the advisory committee approved the assessment numbers and believes numbers are fair, and added these numbers would not increase. They possibly may go down if costs are lower. It was pointed out, Board member Edwin Ripps is present and happens to also be one of the major investor in the district. Councilmember Simonson asked if project was going ahead with internal interconnects between Diamond Shamrock and McDonalds. He was advised yes, traffic would not have to go out onto FM3009 to visit these areas. Another traffic control helping the traffic flow will be the closing of the first entrance into HEB. The credit union would also have internal access between businesses helping in the internal circulation. There being no further discussion, Councilmember Greenwald moved to approve the resolution approving and adopting a Service and Assessment Plan for the Schertz I-35/3009 Public Improvement District. Councilmember Wilenchik seconded the motion, which carried with the following votes: AYES: Councilmembers Simonson, Agee, Wilenchik and Greenwald. NAY: None. Robert Brockman indicated the resolution calls for setting public hearing date for assessment roll, doesn’t it have to be done. He was advised date of public hearing is part of resolution and date is December 2, 2003. All necessary notification has been sent to all parties involved. #7 RESOLUTION: Consider and take action on Resolution supporting re-zoning of certain land owned by Evelyn Kramme Ripps and included in the IH-35/3009 Public Improvement District. Mayor Baldwin introduced a Resolution and read caption as follows: RESOLUTION NO. 03-R-24 RESOLUTION SUPPORTING RE-ZONING OF CERTAIN LAND OWNED BY EVELYN KRAMME RIPPS AND INCLUDED IN THE IH- 35/FM3009 PUBLIC IMPROVEMENT DISTRICT. City Manager Marquez explained that as the City went through process of obtaining property for PID project, Mr. Ripps, (property owner) desire was to have some land rezoned. He explained to Mr. Ripps there could be no guarantee the property would be rezoned in a certain way, however would certainly support it. He went on to say that Mr. Ripps is asking that 35 acres (within PID) to be rezoned from R-1 to GB. Mayor Baldwin explained that the Resolution is basically authorizing the City Manager to start process in the proposed rezoning request. David Richmond asked if area in question could be identified on map. City Manager Marquez indicated the area on map and advised the land is adjacent to new roadway, which is part of the PID project. The 35 acres is taken in at the drainage area, back to business area and faces businesses on the other side of the road. David Richmond addressed Council and voiced concern with frontage along FM3009. He went on to say that Planning and Zoning Commission (P&Z) has been working diligently on both FM3009 and Schertz Parkway to insure Commercial zoning would be Neighborhood Services (NS). Neighborhood Services are residentially friendlier and more restrictive than General Business. Believing that NS fits better within the proximity of residential neighborhoods. The P&Z has worked with developers along FM3009, particularly in the area (Forest Ridge area) to insure and rezone the area NS. Also understanding that any developer would be working with an internal traffic flow, due to no curb cuts on FM3009. His concern is allowing commercial development (35 acres- frontage property) across the street would be sufficiently different then what has been provided up to now. He is suggesting if it isn’t to difficult and too restrictive on property owner to possibly consider adopting a line similar to what is in place along IH-35; (a line of 500 feet divide zoning of GB and M-1), could this 500 foot rule be used along FM3009 median to insure frontage has the type of businesses that fit commercially into the NS category, and then possibly fit GB zoning behind the (NS) area. In brief discussion, it was pointed out that 500 feet is going to be difficult for any (NS) type of business to have internal circulation. If Mr. Ripps decides to sell any of the property and development calls for curb cuts along FM3009, there would be none allowed. This discussion will continue as the process continues through Planning and Zoning and eventually it would be up to Mr. Ripps to change any of the zoning. If any change comes at request of owner the City would be open for discussion. It was pointed out the request before Council is approval of authorizing City Manager to start the procedure on zoning property. All other issues would be discussed as the process goes through the required procedures starting with Planning and Zoning Commission. There being no further discussion, Councilmember Simonson moved to approve Resolution supporting re-zoning of certain land owned by Evelyn Kramme Ripps and included in the IH-35/FM3009 public improvement district. Councilmember Agee seconded the motion, which carried with the following votes: AYES: Councilmembers Simonson, Agee, Wilenchik and Greenwald. NAY: None. #8 Items by City Manager General Announcements ?? Informed Council that Ms. Tavie Murphy, Guadalupe Tax Assessor was kind enough to bring the entire Bill on Tax freeze. (over 65). He hasn’t had the opportunity to review, and asked if it’s Council desire to place the matter on a future agenda for further discussion. The Bill won’t be effective until January 1, 2004, so Council has substantial time to review. ?? Reminded Council that Hospitality evening is Thursday at TML conference. #9 Items by Council General Announcements Councilmember Douglas Liaison EDC ?? Not present. Councilmember Simonson 4-B Bord Liaison BVYA ?? Had no comments. Councilmember Agee 4-B Board Liaison Schertz Housing Authority Liaison Schertz Library Board ?? Had no comments. Councilmember Wilenchik 4-B Board Liaison Schertz Humane Society Liaison HOA Coalition Ex-officio-TSAC ?? Reported that the Animal Shelter Bazaar held Saturday did pretty well. He doesn’t have a report on the final figures but believes the shelter would be making a sufficient contribution of over $1000. ?? Commented the HOA coalition has been very quiet for the last six months, however has been informed of meeting scheduled for Thursday night. They have asked for council participation, and he will plan to attend. Councilmember Greenwald 4-B Board Ex-officio P & Z Commission Ex-officio S/SLG ?? Advised of having invitation to Texas Leadership Conference-Economic Development (December 4), and asked if any one is interested in th attending, because he cannot. . . Reported having plat on Legacy Oaks Aparhnents that was approved by P&Z at their last meeting, if anyone is interested. . Reported SSLGC met last Thursday, two wells are running; plan is drafted for collector lines, and wells 7 & 8 are almost on line. #10 Items by Mayor General Announcements . Advised Council he has been asked by Parade coordinator if any Councilmember is interested in riding in the Chrishnas Parade. Council would be riding on Fire Truck. If anyone is interested please let them know. . Reported CPS Board is hosting the annual Suburban City meeting, Wednesday, 3rd of December. The Board has asked they would like to see many cities attending. At this time Council took a short break and retired to Conference Room across the hall for an Executive Session. . #11 EXECUTIVE SESSION; Called under Chapter 551 of the Texas Government Code, Sub-Section 551.073, Personnel Matters. An Executive Session was held from 7:40 p. m. to 8:15 p.m. #12 Action, if any, on above Executive Session. No action was taken. #13 ADJOURNMENT Being no further business Mayor Pro-tern Greenwal moved to adjourn the meeting at 8: 16 p.m. / of Schertz, Texas ATTEST: '. 86