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ccreg 06-15-04 SCHERTZ CITY COUNCIL - REGULAR SESSION TUESDAY, JUNE 15,2004 The Schertz City Council convened in regular session on Tuesday, June 15,2004 at 7:00 pm in the Municipal Complex Council Chambers, 1400 Schertz Parkway, Schertz, Texas. The following members were present: Mayor Pro-tern Douglas, presiding, Council members Steve Simonson, Reginna Agee, Tony Wilenchik and Ken Greenwald. Mayor Baldwin absent. Staff members present were City Manager Mark Marquez and Deputy City Secretary Mary Ybarra. Mayor Pro-tern Douglas 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. Before continuing Mayor Pro-tern Douglas announced a special presentation would be made. City Manager Marquez informed that former Police Chief Cantrell has left the City to pursue other opportunities. With this said, he asked Steve Starr to come forward. He said that after consultation with a wide number of folks and his own observation and evaluation of Steve Starr, it is his pleasure to announce Steve Starr as the new Chief of Police for the City of Schertz. At this time, Steve Starr thanked Council, Mark Marquez, and Johnny Bierschwale for their support over the years. He is looking forward to the opportunity and challenge to 78his new appointment brings. #1 INTRODUCTION of new employee in the Fire Department. Chief Friesenhahn introduced Preston Coldeway, new firefighter for the City of Schertz and gave a little background information on him. He mentioned that he has been with the Schertz reserve program for about one year. Council welcomed him. #2 HEARING OF RESIDENTS Robert Brockman, 4505 Grand Forrest had the following comments: . Inquired on new Public Works facility. What's the status? He was advised the plans are in design stage, however cost of steel again is an issue and the project has been moved to 3rd on the City's priority list. . Inquired on the status of street sign at Savannah and Schertz Parkway, indicating you are on Schertz Parkway. Also, status on smaller sign indicating direction to IH-35. . Mentioned that a light at Schertz Parkway and Wiederstein Road is burned out. #3 APPROVAL OF MINUTES: Workshop Session Regular Session Workshop Session Regular Session 03-10-04 03-16-04 03-31-04 04-06-04 Councilmember Greenwald moved to approve the minutes of Workshop Session 03-10- 04; Regular Session 03-16-04; Workshop Session 03-31-04 and Regular Session 4-06-04. Councilmember Agee seconded the motion, which carried with the following votes: AYES: Councilmembers Simonson, Agee, Wilenchik and Greenwald NAY: None. #4 PUBLIC HEARING: To receive citizens comment on a request from Ernest Gonzales for a specific use permit for block 1, lot 2, Pecan Street Center Addition to allow the location of a office warehouse facility in the Air Instillation Compatible Use Zone (AICUZ). Mayor Pro-tern Douglas explained the procedures to be followed for the Public Hearing. City Manager Marquez explained that the property is zoned appropriately and permit is intended solely to allow this business to operate in the area (AICUZ). The Planning and Zoning Commission held Public Hearing on the matter and recommended unanimously to approve. Letters were sent out for this Public Hearing: six letters were sent; one letter received in favor. Staff recommends approval. At this time public comment would be taken, with none voiced the Public Hearing was closed. #5 Consider and take action on above request for a Specific Use Permit. Without further discussion, Ken Greenwald moved to approve the Specific Use Permit request from Ernest Gonzales for Block 1, lot 2, Pecan Street Center Addition to allow the location of an office warehouse facility in the Air Instillation Compatible Use Zone (AICUZ). Councilmember Wilenchik seconded the motion, which carried with the following votes: AYES: Councilmembers Simonson, Agee, Wilenchik and Greenwald NAY: None. #6 ORDINANCE: Consider and take action on final reading of Ordinance rezoning 693.53 acres from Residential/Agriculture to 76.38 acres General Business (GB) and to 617.15 acres Manufacturing District-Light (M-l). Mayor Pro-tern Douglas introduced an Ordinance and read caption as follows: ORDINANCE NO. 04-S-20 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 693.53 ACRES OUT OF BEXAR COUNTY FROM RESIDENTIAL/AGRICULTURAL (RIA) TO 76.38 ACRES GENERAL BUSINESS (GB) AND 617.15 ACRES MANUFACTURING DISTRICT-LIGHT (M-l). City Manager Marquez stated there were no changes. Councilmember Simonson moved to approve the rezoning of 693.53 acres from Residential! Agricultural to 76.38 acres General Business and 617.15 acres Manufacturing District-Light (M-l). Councilmember Agee seconded the motion, which carried with the following votes: AYES: Councilmembers Simonson, Agee, Wilenchik and Greenwald NAY: None. #7 ORDINANCE: Consider and take action regarding a Tax Abatement Agreement for and with L.O. Apartments, L TD (formerly Legacy Oaks Apartments). City Manager Marquez explained that the change is a name change to the Tax Abatement Agreement (L.O. Apartments, LTD) that was approved last year, and because the effective date has not be reached a change to the effective date was also changed to reflex January 1, 2005. There were no other changes to the abatement relative to numbers, etc. Mayor Pro-tern Douglas introduced an Ordinance and read caption as follows: ORDINANCE NO. 04-T-21 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, APPROVING A TAX ABATEMENT AND A TAX ABA TEMENT AGREEMENT BY THE CITY COUNCIL FOR AND WITH L.O. APARTMENTS, LTD., A PROPERTY OWNER IN THE CITY OF SCHERTZ; AND REPEALING ORDINANCE NO. 03-T-19. Councilmember Agee moved to approve the Tax Abatement Agreement with L.O. Apartments, L TD. Councilmember Greenwald seconded the motion, which carried with the following votes: AYES: Councilmembers Simonson, Agee, Wilenchik and Greenwald NAY None. #8 Consider and take action setting a public hearing date of July 20, 2004 on a request from Colleen Crain for a Specific Use Permit for Block 36, Lots 47-49, Aviation Heights (505 Winburn Ave.) to allow for the operation of a business in a Residential District (R-2). Councilmember Greenwald moved to set public hearing date of July 20, 2004 for request from Colleen Crain, for Specific Use Permit for Block 36, Lots 47-49 Aviation Heights (505 Winburn Ave.) Councilmember Agee seconded the motion, which carried with the following votes: AYES: Councilmembers Simonson, Agee, Wilenchik and Greenwald NAY: None. #9 Items by City Manager General Announcements . Mentioned he would be out of town starting Friday and not returning until next Friday. In his absence Dudley Wait, EMS Director would be acting City Manager during this time. Also, June 29_30th will be in Monroe, LA, he is taking his grandson there; he will be attending the University. . Commented Steve Starr will make a good Police Chief and is happy to have him on board. #10 Items by Council General Announcements Councilmember Carl Douglas (Mayor Pro-tern) Liaison- EDC Liaison - Schertz Library Board . Had no comment. Councilmember Simonson 4-B Board Liaison - BVY A . Passed out flyer from the ALS newsletter and commented that the newsletter is circulated mostly through Texas larger City's. The flyer contains the Schertz City seal, which is giving the City a lot of exposure, and noted that ALS is doing their part. He again, is very appreciative for all the City has done not only for him but all other patients. . Commented he too agrees with City Manager's comments relative to the City's new Police Chief (Steve Starr). He and Steve go back a few years during very difficult times in the City. He worked through it all and stayed above it and continued to do police work in a very professional manner. He too congratulates him. Councilmember Agee 4-B Board Liaison- Schertz Housing Authority Liaison-Guadalupe Children Advocacy . She added her congratulations also to Steve Starr and mentioned that Chief Agee had a lot of confidence in Steve and would be very proud of him as she is. Councilmember Wilenchik 4-B Board Liaison Schertz Humane Society Liaison HOA Coalition . He too congratulated Steve Starr on his new appointment. . Mentioned having attended the TSAC meeting, June 3rd., where several items were discussed that would possibly be coming up to the attention of the City Manager at future date. 1. Safety awareness items (published in Schertz Tales). 2. Sidewalk issue on FM 3009. Understanding that the City is trying to discourage foot traffic, however with all the retail business along FM3009, people are still walking on FM 3009 and it's unsafe. TSAC is asking that the City try to lobby with the "State" for the possibility of sidewalks along FM 3009. 3. Green Valley Road/FM 3009 turn traffic is going to get much worse and that possibly there is a need to run traffic warrants for a traffic signal at that intersection. It was pointed out that lowering the speed limit on FM 3009 would be helpful. However, it's a TXDOT issue. City Manager Marquez advised that in talks with Representative Kuempel as mentioned previously, several topics were discussed one being speed limits and giving City's the authority to set speed limits within their City limits. Another topic of discussion was the issue of giving City's a cut of road tax and registration fees. Representative Kuempel has promised to carry issues forward. Councilmember Wilenchik stated that TSAC would like to know if these issues warrant discussion. He was advised that several of issues are valid concerns and are worthy of further discussion at workshop sessions. Councilmember Greenwald 4-B Board Ex-officio P & Z Commission Ex-officio S/SLG Corp. . . He too congratulates Steve Starr on his new appointment. He has been with the City through the good times and bad times and believes that promoting from within the City is the right thing to do. #11 Items by Mayor General Announcements . Was not present. #12 ADJOURNMENT There being no further business to discuss, Mayor Pro-tern Douglas adjourned the meeting at 7:30 p.m. . ATTEST: . 365