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ccreg 01-06-04 Schertz City Council – Regular Session Tuesday, January 6, 2004 The Schertz City Council convened in regular session on Tuesday, January 6, 2004 at 7:00pm in the Municipal Complex Council Chambers, 1400 Schertz Parkway, Schertz, Texas. The following members were present: Mayor Hal Baldwin, presiding, council members Carl Douglas, Steve Simonson, Reginna Agee, Tony Wilenchik and Ken Greenwald. Staff members present were City Manager Mark Marquez and Deputy City Secretary Mary Ybarra. Mayor Baldwin welcomed everyone and called the meeting to order. He asked for everyone to rise and join him in the Pledge of Allegiance to the Flag. At this time, Mayor Baldwin recognized Ex-Mayor, Fritz Schlather, City of Cibolo, County Commissioner, Jim Wolverton and Edmund Ortiz, Herald Newspaper. #1 Hearing of Residents: Erika Jucknies representing Continental Homes of Texas comments on item #1. She went on to say there are two issues she would like Council to consider this evening. Light Industrial/Manufacturing versus General Business. She pointed out that in the early 1980’s, the vision for this area was Light Industrial, however that’s not the case at this time. She believes if area is established as Light Industrial, developers won’t have an interest in developing due to development (rooftops) along FM1103/Cibolo Valley Drive, and the increase in traffic, along with pollution also being a factor. At this time, she explained that in researching depth capability for commercial development, it was found that the depth dedication to the City is sufficient for such commercial development such as restaurants, banks, retail, clinics, salons and bookstores, etc. This type of development is beneficial to the City in way of enhancement not only for citizens, but also generating taxes for the City. She asked Council to consider the future of Schertz and consider rezoning the area to General Business, which she believes would be quality development for the City. Lincoln Coderre, 19094 Old Wiederstein Road commented he resides at Dean Road and Wiederstein Road, and would like Council to consider the charm of the area. He would like to go on the record as saying that he will not give up any easements rights (Wiederstein Road). He also had the following comments: ?? Tree survey. Has one been done? What is going to happen when homes are built? Will all the trees be wiped out? ?? Suggest scheduling meeting with all twelve (12) residents to try to come up with a solution. ?? Water and sewer major issue. Can the City provide? ?? Would concrete barrier be constructed as he’s been told? Barrier between the commercial and residential areas. What type, etc. ?? Widening of the road would encroach into resident’s property. ?? Bird sanctuary in the area. Many endangered species, which are protected, by State and Federal agencies. He went on to say he is for Light Industrial instead of rezoning proposed. He has done the research and will circle the wagons against the development. Don Schaezler, 19349 Old Wiederstein Road passed out maps showing aerial photos of area indicating residential homes that would be affected. He indicated the 125 acres of wooded habitat for birds, reptiles, plants, etc., and 85 acres of their property is in the area. He would like to see the area in parkland use. Susan Schaezler, 19349 Old Wiederstein Road passed out handout showing the number of (wild life) species seen in the area, and photos of rare species seen in the area. She would like Council to consider the following before their vote: ?? County road (Wiederstein Road). County against more access because of traffic counts; county against improving only half of roadway. How does the city intend to bypass the county? ?? Resolve having to deal with county before improvements and then, come up with solution on how to spend 1.5 million to take seven (7) residents homes from them. Does the City benefit condemning these residents. Residents on both sides of Wiederstein Road are against the project. Does the City care? ?? Park consideration possibly jointly between County/Schertz for 38 acres of wooden area, which house endangered species, why not a park. ?? Wiederstein Road is known nationally for the many rare birds that are found in the area, visitors from many states and countries have come. In conclusion, she asked that Council consider all of the above closely before voting this evening. Robert Brockman, 4505 Grand Forrest stated he was the “watch dog” for the City of Schertz and had the following comments: ?? Reported clock in Council Chambers is not working. ?? Advised of Board of Adjustment (BOA) meeting held last evening almost not having a quorum. Apparently, there was some mix up with regular and alternate members. His question to City Council and City Manager, were they made aware of the situation. He asked if City had Ordinance in place for board members that miss a certain number of meetings. Would there be ground for resignation. He was advised that yes, the City Manager was informed, and that situations similar to the one last evening are reported. ?? Commented it was good to have Dudley Wait, EMS Director present at Commissioners Court meeting. The Commission held discussion on EMS service issues. Fritz Schlather, City of Cibolo stated he had been asked by Erika Jucknies to speak this evening on rezoning issue. He went on to say, he is in real estate and has knowledge of market value on areas of maximum depth. The depth in discussion this evening is sufficient for commercial businesses. The depth of 400 to 450 feet, and its square footage is priced by the acre. On another matter, Mr. Schlather referred to ACCOG study and his believe that the City of Cibolo and City of Schertz should join; it financially makes sense. He commented he would be happy to help now, he no longer holds office in the City of Cibolo. He recalls the citizens of Cibolo weren’t happy with him when the issue of joining the two Cities was brought up. The issue needs to be revisited. Jim Wolverton, County Commissioner refrained from comments due to the issue before Council deals with rezoning of Continental Homes of Texas project and not Wiederstein Road (County Road). #2 ORDINANCE: Consider and take action on final reading of Ordinance regarding 192.48+ acres from General Business (GB) and Residential A (R-5) to 38.2+ acres as General Business (GB) and 154.3+ acres as Residential 5 (R-5). (Continental Homes of Texas, LP.) City Manager Marquez advised that both Planning and Zoning Commission and City Council have held Public Hearings. The process and procedures been followed, also have exhausted all studies regarding the matter, and staff continues to recommend approval. Mayor Baldwin introduced an Ordinance and read the caption as follows: ORDINANCE NO. 04-S-01 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 192.48+ ACRES FROM GENERAL BUSINESS (GB) AND RESIDENTIAL A (R-A) TO 38.2+ ACRES AS GENERAL BUSINESS (GB) AND 154.3+ ACRES AS RESIDENTIAL 5 (R-5). Before vote was taken Mayor Baldwin asked for Council comments. Councilmember Simonson commented to question asked regarding the tree issue and what would happen to heavily wooded area. He went on to say that since the 1980’s the City adopted an Ordinance with provisions that address the tree issue. Developers have been stopped from further development until trees are mitigated or moved. Councilmember Greenwald commented in response to the water issue and stated “water is here”. The cities of Schertz and Seguin have spent approximately 51 million dollars to insure water for both cities for the next 50 years. Councilmember Wilenchik stated concern regarding rezoning: ?? Schools; residential brings more children. He is not suggesting stopping growth, however isn’t sure on allowing the rezoning. Education is a major issue without a plan in place. Councilmember Douglas commented that possibly the education issue could be handled by the neighboring City. He went on to say the owner has complied, etc., can the City stop the development. Would this possibly develop into a litigation issue? Councilmember Agee commented that in her opinion the City should be ready to provide all services such as Police, Fire and EMS. At the moment all services are shorthanded and pretty well stretched. Tax base is needed to support these services and rooftops don’t support the infrastructure. Mayor Baldwin commented that land is a precious commodity. He believes there should be adequate balance of development. He went on to say the area possibly could support a Wal-Mart, medical facilities, etc. He believes enough Industrial space is beneficial for future growth. The area will be gone forever if given up to residential. Let’s consider other possibilities. Without further discussion Councilmember Greenwald moved to approve the rezoning of 192.48+ acres from General Business (GB) and Residential a (R-A) to 38.2+ acres as General Business (GB) and 154.3+ acres as Residential 5 (R-5). Councilmember Simonson seconded the motion, which carried with the following votes: AYES: Councilmembers Douglas, Simonson, and Greenwald. NAY: Councilmembers Agee and Wilenchik. #3 Discuss first reading of Ordinance regarding establishing the City Council as the final body of appeal for actions by City Boards, Commissions, and Committees. City Manager Marquez stated the Ordinance before Council would be established to buy the City some time until such time that a review and revision of Ordinances are done. As mentioned, in some instances Commissions as well as the City Manager are the final authority. Is this Councils wish? This Ordinance would establish Council as authority body, until such time that Council had time to review. Council consensus was to proceed to establish Ordinance. #4 Items by City Manager General Announcements ?? Informed Council of 37.5 cents per mile rate for reimbursement on travel (personal vehicle usage). The City has established using the IRS rate for reimbursement purposes. The rate goes into effect from this day forward. ?? Reported the City of Schertz is hosting the TML Region 7 on February 5, 2004. The meeting will be held at Kowloon Restaurant. Does Council have any thoughts for a Speaker? Social hour will be held at 5:00 p.m. and cost for dinner is $15. ?? Commented PID District is finalizing land purchases for the project. The next step is to have engineers get on with the bid process. ?? Reported representatives of the Church property are ready to sign. #5 Items by Council General Announcements Councilmember Carl Douglas Liaison- EDC Liaison – Schertz Library Board Had no comments. Councilmember Simonson 4-B Board Liaison – BVYA ?? Reported speaking to Johnny Sutton of Cibolo regarding Dietz Road improvement of sidewalk (full length on Cibolo side) and cost of $47,000. Was asked if Schertz would consider helping with cost. Councilmember Agee 4-B Board Liaison- Schertz Housing Authority Liaison-Guadalupe Children Advocacy ?? Reported the Guadalupe County Children Advocacy Center will meet on January 22, 2004. The center is in need of volunteers if any one is interested. Councilmember Wilenchik 4-B Board Liaison Schertz Humane Society Liaison HOA Coalition ?? Reported Dr. Rodriguez would act as mediator for the Humane Society. ?? Advised of letters going out to HOA’s that Councilmembers are available to attend association meetings. He would be attending a HOA meeting on January 22, 2004. Councilmember Greenwald 4-B Board Ex-officio P & Z Commission Ex-officio S/SLG Corp. Had no comment. #6 Items by Mayor General Announcements Had no comment. #7 EXECUTIVE SESSION: Called under Chapter 551, Texas Government Code, Sub-Sections: 551.071- Consultation with Attorney 551.073 – Personnel Matters. . An Executive Session was held from 8:00 p.m. to until 8:30 p.m. #8 Action, if any, on above Executive Session. No action was taken. #9 ADJOURNMENT There being no further business to discuss, Mayor Baldwin adjourned the meeting at 8:37 p.m. ( . ATTEST: Depu~~C~fSchertz, Texas . 149 ;a Mayor, City 0 Schertz, Texas