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06-03-03 Schertz City Council – Regular Session Tuesday, June 3, 2003 The Schertz City Council convened in regular session on Tuesday, June 3, 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 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 called the meeting to order, welcomed everyone and asked that everyone rise and join him in the Pledge of Allegiance to the Flag. #1 INTRODUCTION OF MISS SCHERTZ SWEETHEART WINNERS. Mayor Baldwin advised that introduction of Miss Schertz Sweetheart Winners would be delayed until next Regular Session. Some of the winners have graduation and other commitments. #2 INTRODUCTION OF NEW EMS ADMINISTRATIVE SPECIALIST. Dudley Wait, EMS Director introduced Diane Worcester the new EMS Administrative Specialist. Beginning her employment approximately two weeks ago. Her background is extensive in administrative services and is doing a great job in office operations. She and her family, husband Steve and three (3) children are residents of Schertz. She was previously employed in the San Antonio area and prior to that was living in northern Utah. She is happy to be here and enjoys that no longer has a long drive her commute is 5 minutes. Council welcomed Diane. #3 INTRODUCTION OF NEW ADMINISTRATIVE ASSISSTANT. Council was informed the new administrative assistant is not available this evening. #4 PRESENTATION BY SCHERTZ HUMANE SOCIETY. Ms. Lisa Connelly, Humane Society President wants to thank everyone in the City of Schertz for all the support. A special thanks goes out to; Chief Cantrell, Mayor Baldwin, Mark Marquez, Johnny Bierschwale, Gail Douglas and Councilmember, Tony Wilenchik. With all the support this year the participation grow from 60 (last year) to 150 participants. Mentioned that approximately 40 dogs were adopted from Schertz shelter. It was a great success. At this time, Ms. Connelly made presentation of plaque to the City for recognition of outstanding support of the Doggy Dash 2003 Run. Mentioned the Humane Society cleared approximately $1,759.00. The Humane Society also presented Honorary memberships to Mayor Baldwin, Mark Marquez and Johnny Bierschwale. Mayor Baldwin thanked the Humane Society for all their support and work that is done for the shelter and looks forward to the next Doggy Dash Run. #5 HEARING OF RESIDENTS: Robert Brockman, 4505 Grand Forrest had the following comments: Informed Schertz Tales is out, however there was no mention of the first o meeting of the Schertz Parkway Zone. Found out about the meeting due to posting out on Marquee. He was advised the meeting had been cancelled. To his knowledge there was no posting of cancellation. Advised Farmer’s Market open on Tuesday will now open on Friday 3-6 o p.m. Inquired on how much property is owned out in the Commercial Place o area, next to Public Works Building. Was informed the City owns three additional lots, plus the lot that houses the Public Works Facility. He informed there was high grass out in the area, not only City owned property but also others in the area. Was advised the Public Works Director would be informed. Inquired on status of Scout Hut demolition, is it still ongoing. Has Rick o Shelton been informed about possibly salvaging materials? Was advised the project is scheduled for destruction and as far as salvageable material, it is believed there is none. Informed railroad crossing at 1 Street is very rough. Was advised the st o City would be meeting with TXDOT on Thursday and would mention the situation. Commented trees block the stop sign at Habersham and Savannah Drive. o Something needs to be done. #6 APPROVAL OF MINUTES: SPECIAL WORKSHOP SESSION, APRIL 30, 2003. Councilmember Wilenchik moved to approve the minutes of Special Workshop Session, April 30, 2003. Councilmember Greenwald seconded the motion. Before a vote was called, Councilmember Douglas advised of administrative over sight on page 10, regarding Mayor and Council terms of eligibility relative to receiving compensation. It was pointed out; City Secretary, Norma Althouse was advised of corrections. Council was assured corrections would be made. Mayor Baldwin advised of motion on the floor relative to approval of minutes. Asked if Council was ready to vote with the corrections mentioned. Councilmember Greenwald advised his second still stands. Mayor Baldwin asked for a vote on minutes of April 30, 2003 with corrections as mentioned, the vote was as follows: AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald. NAY: None. #7 PUBLIC HEARING: TO RECEIVE CITIZEN COMMENTS REGARDING PUBLIC IMPROVEMENT DISTRICT (PID). Mayor Baldwin explained the procedures to be followed for the Public Hearing. Mr. Marquez gave a brief history on the creation of the PID. He explained that for the past few years a major concern has been the intersection of IH35/FM3009, relative to accidents at the location. Approximately 20%-25% of accidents in the City occur at the location. He went on to say the matter was at the top of Council’s priority list last year and this year Council approved funding for the project. However, it was determined how important it was to involve (share funding) the rest of the community. For this reason, all business owners in the local area were contacted, such as HEB, Credit Unions, etc., asking for their help. There were certain issues that only property owners could solve as well as financial assistance. Of the twelve (12) property owners, seven (7) have signed on. The property owners would be putting up to 75% of the cost, ranging in the vicinity of $717,000. At this time a map of the project was presented and Mr. Marquez pointed out where improvements would take place. Indicated there would be placement of a median down FM 3009, starting at intersection to the second entrance of HEB parking lot. Also, placement of traffic light at second entrance would take place, as well as building of a road adjacent to Credit Union. The road would run behind the Credit Union, connecting to Corridor Loop. This improvement would make it safer for traffic to get over to businesses on the other side of FM3009. The other issue that property owners have agreed to do is to establish interconnections between businesses, thus traffic wouldn’t have to go unto FM3009. Mr. Marquez explained that creation of PID requires concurrence of landowners and property owners in the entire area. Again, it was mentioned that a petition was presented, of which 7 have signed, 2 declined and others no response yet. What will happen next is property assessment, which would determine a fair share value, based on square footage of property. The owner would be assessed up to 75% (cost of project) over a three-year period; the City would be responsible for the other 25%. The City has determined the importance and has Front Funded the project and has sold bond. The money is available, and as soon as Council approves, the project can move forward, forming the advisory committee, etc. Councilmember Wilenchik asked that assuming everything went as planned when would completion take place. He was advised sometime in January 2004. At this time Mayor Baldwin asked for citizen comments. William H. Roberson attorney representing the Ripps Family spoke on the proposed thoroughfare plan that would encroach within the 157-acre tract owned by the Ripps Family. He explained that for the past several years the family has had to deal with two sewer lines, waterline, and lately LCRA substation through the property. He went on to say the family’s concern is the inclusion of 35 acres (zoned residential) out of the 157-acre tract that is within the Public Improvement District. He believes the families’ 35 acres (vacant) assessment is several times over other businesses, which he believes these businesses are the cause of the problem, and the only ones who would have anything to gain. He pointed out enhancement was an issue and believes a stub road won’t enhance the property. One possible solution would be if the City would consider rezoning the property. This would allow for other possibilities that would benefit, such as a possible pad site of some sort, enhancing the area affected. Mr. Roberson asked what criterion was used to include 35-acres (zoned residential) into a plan to solve City traffic problem. The Ripps family doesn’t want the road and have no need for the road. Edwin Ripps, Jr., representing Evelyn Ripps owner of the property addressed Council. He commented that for the Ripps family to be assessed one third is unfair. The Ripps property (agriculture) is not creating the problem, businesses in the area are. He believes it’s unfair and it seems the City is trying to run the family out of there. Mr. Roberson asked if a map was available on the criteria used to come up with project boundaries. Was advised they would get back to him regarding the matter. Robert Brockman, 4505 Grand Forest inquired if new business would be assessed? He was advised, yes. He asked if information is available on property owners who have declined and others not responded. Mr. Marquez advised him all information, when approved would become public information. At this time, he is not at liberty to say. He did say that property owners not having responded could be to miscommunications and believes they will do so without much difficulty. Mr. Brockman was advised the City has exceeded the required criteria on creating the PID. Mr. Brockman then asked what would be the name of the road. He was told it’s a possibility it would be named Ripps Road or Ripps Lane. Mayor Baldwin stated he has talked with Mr. Ripps and Mr. Roberson on the matter and tried to explain the rational behind the project at hand. He went on to say that in his opinion any property along the area whether it takes place now or in the future that affects the traffic count on FM3009 should be included. It was mentioned that as far as the LCRA substation, the City has nothing to do with it. Mr. Ripps stated he believes it does. He was advised the matter would be looked into. Councilmember Simonson commented that if indeed the substation were within the City limits, the substation would have been required to go through the platting process. The matter would be look into. Robert Brockman asked why the PID did not include the intersection across IH- 35 (Wendy’s area, etc.). Mayor Baldwin answered that those businesses aren’t creating traffic problems, as are businesses such as HEB, etc., customers trying to get across to Bill Miller’s, etc. Mr. Brockman stated he doesn’t agree, its sort of a piece meal project. He added that if this is the case, he agrees with Mr. Ripps. The Ripps property is not creating traffic problems, the other businesses are. Mayor Baldwin commented it was Council decision to use the property on this side of IH-35, and that is basically what will be done. At this time, Mayor Baldwin closed the Public Hearing. #8 RESOLUTION: CONSIDER AND TAKE ACTION ON RESOLUTION REGARDING CREATION OF THE SCHERTZ I-35/FM3009 PUBLIC IMPROVEMENT DISTRICT (PID). Mayor Baldwin informed Council that two Resolutions would be considered this evening. These Resolutions deal with the creation of the district. Mayor Baldwin introduced a Resolution and read the caption as follows: RESOLUTION NO. 03-R-11 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS MAKING FINDINGS AS THE ADVISABILITY OF THE CREATION OF THE SCHERTZ I-35/3009 PUBLIC IMPROVEMENT DISTRICT; AND CONSIDERATION OF OTHER MATTERS IN CONNECTION WITH THE SCHERTZ I-35/3009 PUBLIC IMPROVEMENT DISTRICT. Before a motion was called, Ms. Connie Lock from Fulbright & Jaworski gave a brief explanation of both Resolutions. Councilmember Simonson moved to approve the Resolution regarding the creation of the Schertz I-35/3009, Public Improvement District (PID). Councilmember Greenwald seconded the motion, which carried with the following votes: AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald. NAY: None. It was pointed out the second Resolution was inadvertently left out of Council packet. The second Resolution can be acted on this evening due to both Resolutions work in conjunction with the creation of district. Mayor Baldwin introduced the second Resolution and read the caption as follows: RESOLUTION NO. 03-R-12 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE CREATION OF THE SCHERTZ IH-35/3009 PUBLIC IMPROVEMENT DISTRICT; INSTRUCTING RESPONSIBILITY FOR THE PREPARATION OF THE SEVICE AND ASSESSEMENT PLAN. Councilmember Douglas moved to approve the creation of the Schertz IH- 35/3009 Public Improvement District. Councilmember Greenwald seconded the motion, which carried with the following votes: Before a vote was called Mayor Baldwin read the Resolution in its entirety, because as mentioned it was left out of packet. Councilmember Wilenchik asked that in approving the Resolutions this evening is it safe to say that Council is not finalizing the method of assessment. Approval would only create the district. Ms. Lock answered he was correct. She went on to explain process. Steps would involve, forming of advisory board, assessment plan, adoption of plan, and public hearing to hear comments on assessment plan. It was pointed out the advisory board would be made of property owners (petitioners) and others are welcomed as well. Even those who petitioned against the PID would be considered. Mr. Ripps inquired who would be picking the advisory committee. Ms. Lock answered that Mr. Marquez has been given the authority under the Resolutions. It was asked how many meetings are anticipated; number of meetings would vary, it would take as many meeting as necessary. At this time Mayor Baldwin asked for a vote on the motion. AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald. NAY: None. Mr. Marquez advised that he would be taking the appropriate steps to contact the property owners and setting up the advisory committee. He added that he would be contacting Mr. Ripps if he so desires to sit on the committee. Mr. Ripps acknowledged he would be interested. #9 PUBLIC HEARING: TO RECEIVE CITIZEN COMMENTS ON REZONING OF 12 ACRES FROM GENERAL BUSINESS (GB) TO APARTMENT/MULTI-FAMILY RESIDENTIAL DISTRICT (R-4) (LEGACY OAKS). Mayor Baldwin explained the procedures to be followed for the Public Hearing. Mr. Marquez spoke briefly and explained property is the Bomer property that fronts IH-35. The total acreage is 19 acres, however the development takes in only 12 acres. The development would consist of an apartment complex. It is his understanding the Planning & Zoning Commission has approved everything from their end. Ms. Madison, Community Development Director addressed Council on behalf of Legacy Oaks and advised petitioner Mr. John White is requesting a continuous of the Public Hearing. This request is based on the fact that Council would be discussing tax abatement associated with the request at next weeks meeting. His finances are based currently on tax abatement being approved. If for any reason, it were not, this would alter the development. The rezoning issue must come after consideration of tax abatement. His request is for a continuous of (30) thirty days, allowing time for Council to consider tax abatement issue. It was pointed out that continuous possibly isn’t the correct word in this case. The Public Hearing would continue on the issue, however Council may chose not to act on Ordinance (next agenda item) that is associated with the request. Some discussion followed regarding legality issues. Ms. Lock, attorney with Fulbright & Jaworski commented she isn’t sure on the statue. She would have to do some research. Ms. Madison stated she had researched the statue and mentioned having dealt with a similar issue with Planning & Zoning Commission. She found that on a continuous (delay) you have up to (60) sixty days to revisit (ordinance) the issue. Councilmember Simonson inquired if the City’s UDC made reference to the issue at hand. Ms. Madison stated that there is an option as part of the UDC regarding a Public Hearing as well. Ms. Madison informed Council, Mr. Tony Olfers is present representing the project and would be happy to answer any questions. At this time Mayor Baldwin asked for public comments. Robert Brockman, 4505 Grand Forest stated it would be nice to have a color map of the area (12 acre tract). Map in Council chambers was uncovered and the 12- acre tract was identified. Mr. Brockman inquired on road issue. He was advised, plan for the road include; entrance through Bomer property (frontage IH-35), road would empty out onto Schertz Parkway, 4-lane road, developer responsible for building the entire road. She mentioned Mr. Bomer is giving up the right-of- way for construction of road. It was also mentioned the road would be dedicated to the City and maintained by the City. Mayor Baldwin closed the Public Hearing. #10 ORDINANCE: CONSIDER AND TAKE ACTION ON FIRST READING OF ORDINANCE REZONING 12 ACRES FROM GENERAL BUSINESS (GB) TO APARTMENT/MULIT-FAMILY RESIDENTIAL DISTRICT (R-4) (LEGACY OAKS). Councilmember Greenwald moved to table item #10, rezoning of 12 acres. 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 REGARDING THE REZONING OF 79.77 ACRES FROM PREDEVELOPMENT (PD) TO GARDEN HOME/SINGLE RESIDENTIAL DISTRICT ZERO LOT LINE (R-5) AND 6.98 ACRES FROM GENERAL HOME/SINGLE RESIDENTIAL DISTRICT ZERO LOT LINE (R-5) (TANGLEWOOD). Mayor Baldwin introduced an Ordinance and read the caption as follows: ORDINANCE NO. 03-S-15 BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE UNIFIED DEVEOPMENT CODE (UDC), ORDINANCE NO. 96-S-28, BY REZONING 79.77 ACRES OUT OF COMAL COUNTY FROM PREDEVELOPMENT (PD) TO GARDEN HOME/SINGLE RESIDENTIAL DISTRICT ZERO LOT LINE (R-5) AND REZONING 5.17 ACRES OUT OF COMAL COUNTY FROM GENERAL BUSINESS (GB) TO GARDEN HOME/SINGLE RESIDENTIAL DISTRICT ZERO LOT LINE (R-5). Mr. Marquez gave a brief history on the above request. He indicated that a portion of the property is currently zoned GB by the City. There was a voluntary annexation request for the balance of property from the owner. The request is for setting the zoning R-5. However, Mr. Griffin made some adjustments to GB zoning, allowing for commercial activity on frontage access road. The residential zoning is set back 300’ from the access road. Councilmember Greenwald moved to approve Ordinance rezoning 79.77 acres are presented. Councilmember Wilenchik seconded the motion, which followed with the following votes: AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald. NAY: None. #12 4 OF JULY: CONSIDER AND TAKE ACTION ON THE TH FOLLOWING WITH SCHERTZ BUSINESS ASSOCIATION REGARDING 4 OF JULY JUBILEE: TH (a) VARIANCE ON CLOSING TIME OF CITY PARK. (b) RESOLUTION DESIGNATING PARTICULAR AREA AND PARTICULAR DATES FOR WHICH ALCOHOLIC BEVERAGES MAY NOT BE BROUGHT INTO OR REMOVED FROM PICKRELL PARK; AND (c) CONTRACT. Mayor Baldwin stated that items are standard and are requested during this time frame. There are no major changes; contract includes date change to 2003. Closing time of the City Park extended from 11:00 p.m. to 12:00 midnight from July 2 through July 5, and alcoholic consumption Ordinance for the 3 and 4 ndthrdth of July. Designated areas for alcoholic beverage consumption are indicated on map as part of Resolution. Mayor Baldwin introduced a Resolution and read the caption as follows: RESOLUTION NO. 03-R-10 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS DESIGNATING A PARTICULAR AREA AND PARTICULAR DATES FOR WHICH ALCOHOLIC BEVERAGES MAY NOT BE BROUGHT INTO OR REMOVED FROM PICKRELL PARK. Councilmember Douglas moved to approve the above Resolution as presented. Councilmember Greenwald seconded the motion, which carried with the following votes: AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald. NAY: None. CONTRACT: Councilmember Greenwald moved to approve the contract with the Schertz Business Associate in conjunction with the 4 of July. Councilmember Wilenchik th seconded the motion, which carried with the following votes: AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald. NAY: None. #13 ORDINANCE: CONSIDER AND TAKE ACTION ON FINAL READING OF SOLICITOR’S ORDINANCE. Mr. Marquez reported there have been several meetings on the issue and reports no changes. Mayor Baldwin introduced an Ordinance and read the caption as follows: ORDINANCE NO. 03-L-16 BY THE CITY OF SCHERTZ OF THE CITY OF SCHERTZ, TEXAS; REPEALING CHAPTER 13 OF THE CODE OF ORDINANCES OF THE CITY OF SCHERTZ, RELATING TO PEDDLERS, SOLICITORS AND INTINERANT MERCHANTS, WITHIN THE CITY OF SCHERTZ; AND ADDING A NEW CHAPTER 13 “PEDDLERS AND SOLICITORS”; ESTABLISHING A PENALTY; REPEALING CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. Councilmember Wilenchik moved to approve the Ordinance as presented. Councilmember Simonson seconded the motion, which carried with the following votes: AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald. NAY: None. #14 BID AWARD: CONSIDER AND TAKE ACTION AWARDING BID FOR SIDE-TO-SIDE SLOPE MOWING MACHINE. Mr. Marquez reported the issue before Council was discussed at some depth at a previous workshop and the recommended bid is $48, 447.00 by the Kut Kwik Corporation. Staff is recommending approval. Councilmember Greenwald moved to award bid to Kut Kwik Corporation in the amount of $48, 447.00. Councilmember Wilenchik seconded the motion, which carried with the following votes: AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald. NAY: None. #15 Items by City Manager General Announcements Reported receipt of unanimous letter that is somewhat bothersome, o however if letter is unsigned there isn’t much that can be done to follow up. Referred to Annexation. Wanted to remind Council that the issue hasn’t o been forgotten. The issue is #3 on Council priority list as part of strategic planning session. The issue that we are up against is a workload problem. Would not like to load the department that would handle the Annexation with an additional item, until such time that we can see light at the end of the tunnel. Advised of scheduled Post Office update at next workshop session. o Remarked they are still working on checking into the buttons as opposed o to painting streets lines. Checking into prices, etc. Noted having checked around relative to commemorative plaque for Main o Street location, he cannot seem to locate any information. He has checked with Terry Aikman and others and no one recalls. Stated he would be meeting with TXDOT folks on Thursday and will o discuss the issue of Animal Shelter sign on FM3009. Thanked those Councilmembers who attended the Employee Picnic. It’s o important to the employees to the see the support from Council. Also, thanked them for taking time to attend openings of new businesses throughout the City. It’s important to our local businesses. #16 Items by Council General Announcements Councilmember Douglas Liaison EDC Reported attending ribbon cutting of Dance Studio, next to the Animal o Shelter. The owners are quite enthusiastic and had a very nice display. This is the type of business the City needs. Expressed thanks for his invitation to the Employee Picnic. He thoroughly o enjoyed it. Councilmember Simonson 4-B Board Liaison BVYA Seconded comment by Councilmember Douglas relative to Dance Studio o ribbon cutting. He believes this type of business will be a good addition to the City. Councilmember Agee 4-B Board Liaison Schertz Housing Authority Liaison Schertz Library Board Commented she too enjoyed the Employee picnic, however noted the o need for more fans. Mr. Marquez informed the City is looking at possibly installing a mister system. Noted she also attended the ribbon cutting of Dance Studio. o Councilmember Wilenchik 4-B Board Liaison Schertz Humane Society Liaison HOA Coalition Noted he too attended the Employee picnic and played softball on one of o the softball teams. He mentioned that Johnny’s team (employees) beat the City Manager’s team. The score was13 to 12. Advised he would be out of town June 15-20, and would miss the City o Council meeting on the 17. th Councilmember Greenwald 4-B Board Mentioned he too attended the Employee picnic and thoroughly enjoyed o the food. Terry Aikman did a great job on cooking the food along with about 7-8 other employees. A job well done. #17 Items by Mayor Apologized for not attending Employee Picnic and missing the ribbon o cutting of Dance Studio. He was out of town. Before Executive Session, Council took a five-minute break before moving across the hall to the Conference Room. #18 EXECUTIVE SESSION: Called under Chapter 551 of the Texas Government Code, Sub-Section 551.074 Personnel Matters. To deliberated the evaluation of Municipal Court Judge and City Secretary. An Executive Session was held from 8:15 p.m. to 9:48 p.m. #19 ACTION, IF ANY, ON ABOVE EXECUTIVE SESSION. No action was taken. #20 ADJOURNMENT Without further business Mayor Baldwin adjourned the meeting at 9:50 p.m. _________________________ Mayor, City of Schertz, Texas ATTEST: ________________________________________ Deputy City Secretary, City of Schertz, Texas