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ccreg 10-17-00 REGULAR SESSION OF THE SCHERTZ CITY COUNCIL OCTOBER 17, 2000 The Schertz City Council convened in Regular Session on Tuesday, October 17, 2000 at 7:00 p.m. in the Council Chambers of the Municipal Complex, 1400 Schertz Parkway, Schertz, Texas. Those present were as follows: Mayor Hal Baldwin, presiding; Councilmembers Joe Potempa; Glyn D. Williams and Ken Greenwald. Absent: Councilmembers Norma Head and Reginna Agee. Staff present were Interim City Manager Steve Simonson and City Secretary Norma Althouse. Mayor Baldwin asked everyone to rise and join him in the Pledge of Allegiance to the Flag. #1 HEARING OF RESIDENTS George Mower of SOl Brooks Ave. thought it was shameful that a gentleman had not been allowed to speak at a previous meeting, during Hearing of Residents, regarding SAFES personnel. #2 PUBLIC HEARING: To receive citizen comments on a request from Larry Aiken to rezone 71.08 acres (Besch property) from R-I (Single-Family Residential Dwelling District) and R-4 (Apartment/Multi-Family Residential District) to R-5 (Garden Home/Single-Family Residential District - Zero Lot Line). Mayor explained the procedures to be followed for the public hearing. Mr. Simonson pointed out the location on the map, saying it is 71.08 acres along Green Valley Road at the termination of the eastern City Limits with Cibolo. He also reported 31 letters had been sent to lnup"..j owners within the required distance and 6 were returned - 4 opposed and 2 in favor of the rezoning. Larry Aiken displayed a map of the area of the proposed rezoning. He also presented Council with the Traffic Impact Analysis. Mr. Aiken referred to the new elementary school and said if they decide not to build the schoo~ he would go back and put in the lots. Mr. palaza of 1528 Circle Oak was opposed to the R-5 zoning because of density. He felt the project was a whitewash at the Planning and Zoning meetings. He also feels the citizens are being sold out by a road. The total of 320 proposed garden homes times 2 equals 640 cars. Is that why all the new car washes? Ron Glazener of 1512 Circle Oak stated he has concerns about construction routes. When it is of profit to the City, the citizens voices are light. George Mower of SOl Brooks asked for an explanation of a zero lot line which was given to him by Mr. Simonson. Mr. Mower then said a nightmare like this shouldn't happen to the Oak Forest community. 11 Mr. Aiken explained that Green Valley Road would be upgraded to handle the traffic. There would be no incoming or outgoing traffic on Circle Oak. A lot of the traffic would be filtered out to Cibolo Parkway and not to Green Valley Road or FM 3009. Mr. Glazener then asked who the builder is and in what price range the homes would be. Mr. Aiken answered the builder is Pulte and the price range is expected to be anywhere from $130,000 to $150,000. It hasn't been decided yet about estate lots which would have homes in excess of $200,000. Mr. Glazener inquired if any effort would be made to preserve large oak trees and Mr. Aiken answered yes. He explained that Jonas Wood Subdivision, one in which he is also involved, was the first residential development to fall under the tree ordinance. He has given up considerable lot count to preserve trees. Mayor Baldwin related when the request came in initially, they were asking the City to share in the upgrading of Green Valley Road. The City decided it was the responsibility of the developer. Mr. Greenwald asked if the citizens think the traffic count is high for this rezoning, what do they think it would have been if the zoning stayed R-4. He also stressed there is going to be plenty of water and would be glad to explain that situation to any of the various Homeowners Associations. There being no further discussion or questions, Mayor Baldwin closed the public hearing at this time. #3 ORDINANCE: Consider and take action on fust reading of Ordinance rezoning 71.08 acres from R-I and R-4 to R-5. Mayor Baldwin 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. 98-S-28 BY REWNING APPROXIMATELY 71.08 ACRES OUT OF GUADALUPE COUNTY AND REFLECTING SUCH CHANGES ON CERTAIN WNING MAPS IN ACCORDANCE WITH THE SCHERTZ UDC ORDINANCE. Mr. Greenwald moved to approve the fust reading of an Ordinance rezoning 71.08 acres from R- I and R-4 to R-5. Mr. Williams seconded the motion. Before the vote, Mr. Potempa asked for a clarification of R-1 zoning. After Mr. Simonson explained this to him, Mr. Greenwald asked how many R-I lots are left in the City. Mr. Simonson answered he would have to look it up. At this time the vote was taken and the motion carried as follows: 12 . AYES: Councilmembers Potempa, Williams and Greenwald. NAYS: None. #4 PUBLIC HEARING: To receive citizen comments on a request from Fair1ee AdamslMcCuistion, on behalf of the SCUC lSD, for a Specific Use Permit to allow the building of an athletic facility. Mayor Baldwin once again explained the procedures to be followed for a public hearing. Mr. Simonson explained a Specific Use Permit is different from a rezoning request. The applicant is only allowed to do what is presented to Council. It is more tightly controlled than zoning. The property in this request goes from Elbel Road to FM 78. It doesn't cross over the drainage channel or FM 3009. David Fluker of the SCUC ISD indicated the athletic facility would consist of two softball fields, a soccer field, possibly an indoor swimming pool and perhaps tennis courts. It is nothing other than an athletic facility. Susan DeCoupman (address not given) asked what's going to happen to the area in case of flood. Also, regarding drug dealing, she asked if they would have more City police officers or is it strictly for the school police. Mayor Baldwin answered he hoped they would share responsibility because the City, as well as the schoo~ is always concerned about drug use. Mr. Fluker added that as far as security problems, the area would be opened up and cleared out. Leslie Beck (address not given) asked if drainage would be improved. Mr. Simonson replied drainage would have to be addressed and the City would be working with the school on how to handle that situation. George Mower of 501 Brooks commented he sold his property in that area. There being no further discussion or questions, Mayor Baldwin closed the public hearing at this time. #5 Consider and take action on above request for Specific Use Permit. Mr. Williams moved to approve the request from Fairlee Adams/McCuistion, on behalf of the SCUC lSD, for a Specific Use Permit to allow the building of an athletic facility. Mr. Greenwald seconded the motion, which carried with the following votes: AYES: Councilmembers Potempa, Williams and Greenwald. NAYS: None. 13 #6 Update on SAFES progress. Mr. Simonson reported he and Chief Woodward met with the majority of the SAFES organization and told them they would have an ongoing dialogue and also told them what is expected of them. They are not looking at the past, they are looking to the future. On October 14th and 15th, all ambulances went out. Chief Woodward has a meeting with the SAFES Board tonight. Intermed EMS classes are going on right now. On December 12th, the schedule should be coming on line. Mr. Simonson went on to say sometime back there was a life-saving situation in Savannah Square and the cooperation was of the highest sort. An award will be presented on November 7th and at that time they will share the details with Council. Mr. Simonson mentioned he would like to augment Chief Woodward's salary since he is filling in also as the EMS Director. Mayor Baldwin stated they would leave that decision up to the Interim City Manager's discretion. Mayor Baldwin then asked if the 9 position in the SAFES Department had been filled and Mr. Simonson replied yes. Mr. Greenwald inquired how many applicants they had and Mr. Simonson answered approximately 16-17. #7 ORDINANCE: Consider and take action on final reading of Ordinance regarding Tax Abatement and Tax Abatement Agreement with Block Distributing. Mayor Baldwin introduced an Ordinance and read the caption as follows: ORDINANCE NO. OO-T-31 THE CITY OF SCHERTZ, TEXAS, APPROVING A TAX ABATEMENT AND A TAX ABATEMENT AGREEMENT, BY THE CITY COUNCIL, FOR AND WITH BLOCK DISTRIBUTING PARTNERSIDP, A PROPERTY OWNER IN THE CITY OF SCHERTZ. Mr. Potempa moved to approve the final reading of an Ordinance regarding Tax Abatement and Tax Abatement Agreement with Block Distributing. Mr. Greenwald seconded the motion, which carried with the following votes: AYES: Councilmembers Potempa, Williams and Greenwald. NAYS: None. #8 ORDINANCE: Consider and take action on emergency reading of Ordinance regarding Municipal Solid Waste and Disposal. Mayor Baldwin introduced an Ordinance and read the caption as follows: 14 ORDINANCE NO. 00-F-30 PROVIDING THAT THE CODE OF ORDINANCES, CITY OF SCHERTZ, TEXAS BE AMENDED BY REVISING ARTICLE V, CHAr .t<,K 7 1/2, MUNICIPAL SOLID WASTE COLLECTION AND DISPOSAL, AND PROVIDING FOR PENALTIES NOT TO EXCEED $200.00 FOR VIOLATION THEREOF; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND DECLARING AN EMERGENCY. Mr. Potempa moved to approve the emergency reading of an Ordinance regarding Municipal Solid Waste and Disposal. Mr. Williams seconded the motion, which carried with the following votes: AYES: Councilmembers Potempa, Williams and Greenwald. NAYS: None. #9 ORDINANCE: Consider and take action on emergency reading of Ordinance regarding sewer rates. Mayor Baldwin introduced an Ordinance and read the caption as follows: ORDINANCE NO. 00-F-29 BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, PROVIDING THAT THE CODE OF ORDINANCES OF THE CITY OF SCHERTZ, TEXAS BE AMENDED BY REVISING CHAPTER 19, WATER, WASTEWATER AND WASTE DISPOSAL, EXHIBIT 5, SEWER RATES ESTABLIXHED; PROVIDING A REPEALING CLAUSE; PROVIDING AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY. Mr. Greenwald moved to approve the emergency reading of an Ordinance regarding sewer rates. Mr. Williams seconded the motion, which carried with the following votes: AYES: Councilmembers Potempa, Williams and Greenwald. NAYS: None. # 1 0 BID AWARD: Consider and take action regarding award of bid for Schertz Comprehensive Land Plan. Mr. Simonson reported that 3 fums had responded and he is recommending the bid be awarded to Wilbur Smith and Associates in the amount of $75,000. The money for this project is budgeted. 15 Mr. Greenwald moved to award the bid for the Schertz Comprehensive Land Plan to Wilbur Smith and Associates in the amount of $75,000. Mr. Williams seconded the motion, which carried with the following votes: AYES: Councilmembers Potempa, Williams and Greenwald. NAYS: None. #11 TAX ROLL: Consider and take action approving Tax Roll. Mr. Simonson related all the items on the tax roll had been reviewed. Mr. Greenwald moved to approve the Tax Roll as presented. Mr. Williams seconded the motion, which carried with the following votes: AYES: Councilmembers Potempa, Williams and Greenwald. NAYS: None. #12 Consider and take action authorizing City Manager and Public Works Director to purchase and/or lease water rights for City of Schertz. Mr. Simonson advised the City has an ongoing problem of purchasing enough water and they need to acquire more as soon as possible. After a brief discussion, during which Council was assured the price is not out of line, Mr. Greenwald moved to authorize the City Manager and Public Works Director to purchase and/or lease water rights for the City of Schertz. Mr. Potempa seconded the motion, which carried with the following votes: AYES: Councilmembers Potempa, Williams and Greenwald. NAYS: None. #13 CITY MANAGER'S REPORT . Related the City did not pick up any bandit signs over the weekend. TXDoT removed them all. He doesn't know if they will work with the City or not. . Noted he is taking this Friday as a day of vacation, but will be in the area. Chief Smith will be in charge. #14 ITEMS BY COUNCIL Mr. Pv:."...,a: . Asked Council if they watch the British comedies on PBS. They are hilarious. 16 . Related D.C. Morgan was chosen as the Paragon Hometown Hero for Schertz. He is involved in a lot of youth activities. Mr. Williams: . Commented he would like to excuse himself from serving as liaison to the Housing Authority. Mr. Greenwald: . Reported the Schertz/Seguin Local Government Corporation has received approval for a116 wells. They have a meeting this Thursday. They need to get 10 million more dollars and need to start paying off the bonds. . Stated he has volunteered to go and speak at Homeowners Association meetings about the water situation. #15 ITEMS BY MAYOR . Mentioned he received a letter from Pape-Dawson about a proposed traffic signal at HEB and FM 3009. They asked for our support. . Remarked Handy Andy has closed 4 stores in San Antonio. #16 ADJOURNMENT: There being no further business to discuss, Mayor Baldwin adjourned the meeting at 8:24 p.rn. Mayor, City of Schertz, Texas ATTEST: 17