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ccreg 12-03-1996 Department and the volunteers have agreed utility body. It is therefore recommended awarded to Grande Truck Center. to buy the the bid be Mr. Sawyer chassis for the amount motion. ~oved to award the bid the Fire Department to of $31,731.95. Mr. for the crew cab pickup Grande Truck Center in Swinney seconded the Before the vote Mr. Greenwald asked if the $1731.95 is coming out of the reserve fund and Mr. Sweatt replied no, they have probably saved that much in the painting of the apparatus, so he feels they can fund that amount within the Fire Department budget. Mr. Potempa questioned if they got any money for the old van. Mr. Sweatt replied it has not been traded in yet. At this time the vote was taken and the motion carried with the following votes: AYES: Councilmembers McDonald, Potempa, Sawyer, Swinney and Greenwald. NAYS: None. #3 ORDINANCE: Consider and take action reading of ordinance rezoning approximately property along IH-35 from General Business Manufacturing District Light (M-l). on final 370' of (GB) to Mayor Baldwin introduced an ordinance and read the caption as follows: ORDINANCE NO. 96-S-36 BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, AMENDING THE UDC ORDINANCE NO. 96-5-28 BY REZONING APPROXIMATELY 370' OF LAND OUT OF GUADALUPE COUNTY AND REFLECTING SUCH CHANGES ON CERTAIN ZONING MAPS IN ACCORDANCE WITH THE SCHERTZ UDC ORDINANCE. Mr. Sweatt advised this is the second and final reading of this ordinance. He pointed out the location of the property on the map and stated it was previously occupied by Woody's. The new business will be retail and a prospective tire servicing and recapping operation in the rear. The majority of the business will be new tire sales, primarily truck and agricultural tires, and they have agreed to screen any storage. They are moving their business from San Antonio. Mr. Greenwald moved to approve the final reading of the ordinance rezoning approximately 370' of property along IH-35 from GB to M-l. Mr. Swinney seconded the motion, which carried with the following votes: -67- regulatory requirements, relative to private airstrips, for placing schools near them. They met with the Planning and Zoning Commission on four occasions. The Commission was very concerned about the increased traffic on FM 3009. Initially the school board was not supportive of the concept of putting a road, such as Deer Meadow Road, on the property at school cost. However, they were convinced by the Commission that something needed to be done and eventually changed their position. They have agreed with the developer of the land to buy that property with a 24' road installed with sidewalk and curb and a 60' easement that would be deeded to the City. Mr. Paschal concluded his remarks at this time and asked for a favorable consideration of this request by the Council. Mayor Pro Tern Potempa asked if any of the students who live on the Woodland Oaks/Savannah Square side of FM 3009 will be required to walk across FM 3009. Mr. Paschal replied they will not. FM 3009 has been deemed a hazardous roadway, therefore the school district will bus students across it. Bob Pope of 104 Mesquite Circle, Cibolo mentioned his home is 125 yards from the proposed site. He noted Mr. Paschal pretty well covered the concerns expressed by the citizens, but until tonight there was not one answer to any of their objections. One of Mr. Pope's concerns is increased traffic. He lives at the corner of Woodland Oaks and Persimmon Drive. Persimmon Drive is a country road with no curbs or sidewalks. Where is the safety for walking? Another of his concerns is pollution, both air and noise. What will busses do to the neighborhood? His third concern is access. He understands they're going to build a road. Green Valley Road is very narrow and torn up to start with. What if two school busses have to pass? His last concern is that of a taxpayer. The magical formula didn't include road and additional water and sewer lines. This is not coming out of bond money, but out of the school's sinking fund. David Richmond of 2921 Bent Tree Drive in Schertz commented he is not speaking against the Specific Use Permit request, but rather suggesting that the request lacks all the essential elements needed for approval. He distributed a package to the Council for their perusal. Mr. Richmond remarked this request should not have taken -69- James Sagebiel of 307 W. Court in Seguin indicated he is not here to argue location. He is concerned about the county road. He will work with all entities involved in the roads and just asks that the County be included as early as possible in any changes that need to be made. The county roads will probably never be curbed and guttered, but he will do what he can to help. Ivona Jeiskoniak of 110 Plum Circle in Cibolo mentioned her bedroom is 55' from the fence line which means she will be right near the proposed road. She is very upset because she just found out she is not getting the 30' buffer all the way across her property. Her dream has been shattered because she thought she would have only houses around her and now she finds out there will be a school and a road. She won't have any privacy or any break from the noise. She has a child in the school district and knows they need a new school, but she doesn't think this site is the best place for it. She also related there are not many school children in the area. She is one of the few with a child in school. Bill Paschal, trying to alleviate some of Ms. Jeiskoniak's concern, pointed out the School Board has not changed its, mind about support of the 30' buffer zone. He feels the map she is looking at is conceptual. Mr. Swinney asked Mr. Paschal to comment on the demographics as far of the number of children who will attend the school. Mr. Paschal, saying Mr. Rehmann has the figures, said they are estimating 35 from Greenshire, 50 from Deer Creek, III from Dove Meadows and 127 from Thistle Creek. Mr. Swinney than asked what the estimated final school enrollment will be and Mr. Paschal answered approximately 600. Leroy Cinnamon of 1208 Spicewood in Schertz implied he had been interested in this school site for a long time. When the first school bond issue failed it was because of a lack of information furnished to the public. After that failure, a number of people were invited to participate in community activity committees. The committee system worked. The one thing he resented, and he mentioned it to the school, was they packed these committees with school employees. That's not the way to get the public's opinion. However, it was set up so the people were given the opportunity to ask questions. He and a number of students went to malls on the weekends and handed out voter registration cards to residents who were not registered. The election had a comfortable turnout and the bond issue passed. The people were told what to expect. Mr. Cinnamon noted his daughter and her husband built a home in Royal Oaks long before they knew a school would be -71- Drive because Green Valley Road is very bad. Emmett Hagedorn of 334 Green Valley Loop in Cibolo asked Brad Galo if he would agree to tie into Green Valley Loop. Mr. Galo agreed to look into it, but couldn't make a decision tonight. At this time Mayor Pro Tern Potempa called for a five minute recess. After the recess, Yvonne Holbrook of 116 Agarita Circle in Cibolo asked how it is in the best interest of the children to have two intermediate schools only one mile apart. Also, how as a taxpayer and citizen, is it going to benefit her to pay $100,000 over the original cost of the Greenshire site. Mr. Paschal related this has not been a process done overnight. There has been no hidden agenda. The school site in Savannah Square was picked because of the number of houses going up in the area. The school site in Greenshire was selected for the same reason. It is not easy to get a consensus from seven individuals. Mr. Paschal further stated the extra $100,000 is because of the road requirement. They didn't come to the table wanting to build a road, but it is a requirement in order to have an acceptable site. Mr. Swinney added that as a member of the committee for the bond issue, they did hire a consultant to do demographics and show where the growth would be. The cost of maintaining busses and furnishing bus drivers was a big consideration. The density of population in the Greenshire area would help keep that cost down. Mr. McDonald was worried about the statement "It's a done deal." He also wondered when the School Board agreed to buy the property. Mr. Rehmann thought it was about six weeks or two months ago that the Board gave their approval. Brad Galo stressed there is no formal agreement yet, no contract. Mr. McDonald also expressed concern about the lack of commitment regarding Dietz Road and the lack of commitment from Mr. Branton for a road from Dietz Road to Green Valley Road. We need a commitment from Mr. Branton and from the City of Cibolo. Mr. Sawyer felt there is a lack of safety because of the proposed school being near Kardy's Airport and .he's worried about that. He's also worried about overloading the streets and increasing traffic. He understands the school cannot expend school money in building of a road on land they are subdividing. (Michael Spain clarified the School District can build a road on property they own if it's for -73- #5 Consider and take action on above request from the SCUC ISD. Mr. McDonald moved that the request from the SCUC ISD for a Specific Use Permit allowing them to construct an Intermediate School in Greenshire be granted provided Mr. Blanton commits, or someone commits, to complete the road in conjunction with construction of the school. The motion died for lack of a second. Mr. Greenwald moved to approve the ISD for a Specific Use Permit. Mr. motion and the vote was as follows: request from the Swinney seconded SCUC the AYES: Councilmembers Swinney and Greenwald. NAYS: Councilmembers McDonald and sawyer. Mayor motion denied. Pro Tern Potempa broke the tie with a no vote and the failed to carry. The request from the SCUC ISD was At this time Mayor Pro Tern turned the meeting back over to Mayor Baldwin. #6 PUBLIC HEARING: To receive citizen comments on a request from Veytia Partners, Ltd. for a Specific Use Permit allowing them to construct a gated retirement community at the corner of Schertz Parkway and Elbel Road. Mayor Baldwin explained the procedures that would be followed for the public hearing. Mr. Sweatt advised this request is for an eight plus acre tract of land located at the corner of Elbel Road and Schertz Parkway beside the Sycamore Creek Apartments. The property had previously been zoned for Multi-Family but is currently zoned for Neighborhood Services. Nine (9) letters were sent to property owners within the required distance and two (2) were returned in favor. Letters have been submitted speaking to the issue of the street right-of-way of Westchester. Planning and Zoning has recommended approval of the request. Joe Veytia of San Antonio gave some history of the property. It was previously rezoned for MUlti-Family because he wanted to build apartments on it. However, after two years of not being able to find financing for apartments, the Planning and Zoning Commission rescinded the rezoning and it is ,now zoned for Neighborhood Services. Mr. Veytia stated that thanks to the assistance of Lee Boswell he has come with an idea for a gated subdivision for retirees. San Antonio offers retirement villages for -75- Mr. Sweatt informed Council that recommended approval of the Specific the issue of the platting because Westchester. Planning and Zoning Use Permit, but tabled of the extension of Mr. Veytia pointed out several issues that arose. One is the fence material. It is not covered by the current ordinance. Another is the fact they are selling individual lots. They were originally planning it as a condominium development. Upon doing some research, they discovered financial institutions think the word condominium is still a bad word. The homeowners association will be run like a condominium association. It will govern the maintenance of all the exterior and common areas. The third issue is the fact they are going to gate this community. The size does not comply with the ordinance and that is how it came to be a request for a Specific Use Permit. Dean DelValle of 1045 Williamsburg likes the idea of the retirement subdivision. The roadway extension has a lot of points on both sides. Living in the Village, he enjoys the fact, for security reasons, there's only one way in and one way out. On the other hand when there are community events which tie up Schertz Parkway, there is no other way to get out of the subdivision. He proposes a limited access road which would be gated except when special events dictate that people need to exit by way of Elbel Road. Mayor Baldwin asked Mr. Veytia if there's any way of working out the possibility of a limited access road. Mr. Veytia pointed out the fire emergency entrance and stated their idea is to set it up as an emergency entrance and emergency exit. They plan to landscape and would design it so there is enough distance between the fence and the landscaping for a vehicle to travel from Westchester over to Elbel. Mr. DelValle commented the students walk back and forth to school through that area. When it rains that grassy area gets real muddy and that distance would allow them to travel safely to school. If it's closed that would keep traffic from parking up on the grassy area of the Sycamore Creek Apartments. Mr. Veytia admitted they are willing to pull the fence back a few feet for pedestrian traffic, but not for vehicular traffic except in those special emergencies. Karen Picard of 1413 Westchester stated She likes the idea of one way in and one totally against extending Westchester thoroughfare except for emergencies. she is way out. as a retired. She is public Mrs. Dunn of 1009 Williamsburg wanted to make sure there will still be an easement where the students can walk. Mr. Veytia confirmed he will provide a pedestrian easement. -77- Mr. Sweatt noted that when the ultimate drainage design is built, there will have to be some additional design to that ditch because it carries the water from a significant area of the City. They have in the past used some kinds of larva mosquito control. Pam Jennings of 1064 Valley Forge commented she doesn't understand why they want to build a retirement community across from Samuel Clemens High School. Mr. Veytia remarked there is no perfect location, but he thinks it's a suitable site. He listed things that should make a retirement community successful in Schertz. The property taxes are lower, the automobile insurance is lower, people without a car can walk from this location to get most of their essentials, it's fairly close to Randolph AFB, the City will receive tax money without a school burden, and he does not see the high school as a negative factor. Mary Jo Blahowski of 305 Westchester asked if there will be any kind of walkway so people won't have to go clear around the subdivision. Mr. Veytia pointed out they don't go all the way to Wuest's and Perry Brothers, so people can walk across the Fire Department property if that is allowed. Dean DeValle of 1045 Williamsburg spoke in favor of the location for a retirement community. He noted that Clyde Ford Village is near the railroad tracks and those resident have to listen to trains. They probably would prefer listening to the bands and sports activities. The intersection would be filled in very nicely by this retirement community and the area would be enhanced by it. He once again suggested a limited access road versus the extension of Westchester. Anita Clark of 1017 Curtiss stated she has lived in the Village for 23 years and prefers to have one way in and one way out. They kind of have a gated community without the gate and they like it that way. There has to be a crossing guard at Curtiss and Schertz Parkway for the children coming from the elementary school. If Westchester were opened up, you would have to have the same thing there. Mr. DeValle spoke again, pointing out that at the back part of the Village Subdivision, the roadways which would be extended to FM 3009 would require a bridge across the drainage and that would cost quite a bit more than a limited access road. Mr. McDonald commented he would like to have some kind of commitment for an improved walkway versus just a mud path. Mr. Veytia mentioned they could use the same material to be used on the interior walkways, but he's not sure yet' what that material will be. -79- Mr. Potempa asked if emergency vehicles would be able to use the emergency access. Mr. Veytia explained the gates are breakaway gates, so if for some reason the mechanism to use them fails, a vehicle could break through them. Mr. Veytia then mentioned he had spoken to the Fire Department about the material they intend to use for the paved area. It is a strong plastic material which allows grass to grow over it and will support a 60 to 80 ton truck. Mr. Veytia, referring to the pedestrian pathway, said they would be glad to build it, but wondered if the City would allow them to deed it over to them. Mr. Sweatt indicated it would have to be built to City standards. Mayor Baldwin told Mr. Veytia that's a negotiable item to be worked out with Planning and Zoning and the City Manager. Mr. Veytia acknowledged he understands the request for a masonry fence. They have to go all around the subdivision and it's approximately 2500 feet. He has noticed other gated communities don't have masonry all around - after the entrance they go to some other type of material such as wood. It was pointed out to Mr. Veytia that the others were grand fathered before the UDC ordinance went into effect. The UDC requires a masonry fence all around. There was a brief discussion about gated communities after which Mayor Baldwin closed the public hearing. #7 Consider and take action on above request from Veytia Partners, Ltd. Mayor Baldwin asked if the specific Use Permit request has anything to do with a variance to the UDC. Mr. Sweatt explained this does not meet the R-5 and R-6 description under the UDC for a gated community. It's a multi-family request and is allowed to be considered as a Specific Use Permit as opposed to a gated community. Some aspects of the UDC apply, as many as Council chooses to apply, but it is a Specific Use Permit. Mayor Baldwin then asked who's decision it is to determine how much of the UDC applies. Mr. Sweatt replied it is up to City Council. If Council makes no conditions, then Planning and Zoning will consider the plat and variances as requested. Mr. Sawyer moved to approve the request from Veytia Partners, Ltd. for a Specific Use Permit allowing them to construct a gated retirement community at the corner of Schertz Parkway and Elbel Road. Mr. Sawyer stated in his motion the length of the approval should last for two years and if nothing has been started at that time, then it reverts back to Neighborhood Services. The motion died for lack of a second. -81- Archie J, Woodward Fritz Rusch Eugene Schoonover Alice Austin Betty Tyler John E. Peterson Mary Lou Malone Joyce E. Andrews 1955 to 03-15-82 1956 to 03-31-85 12-01-66 to 12-28-82 02-01-73 to 02-04-96 03-14-77 to 10-04-86 03-16-82 to 12-17-93 12-16-86 to 04-25-95 08-14-86 to 06-15-96 WHEREAS, each well-being and and of the employees have contributed to the safety of the citizens of this community; WHEREAS, the monument is designed to display, in chronological order, those employees to be recognized and honored by employees and citizens; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: THAT, the City Council of the City of Schertz supports the establishment of December 17th each year as "Employee Remembrance Day"; and THAT, flags will poles in memory of the citizens of professionalism. be flown at half-staff on all City flag all dedicated City employees who served Schertz, Texas with pride and Mayor Baldwin thought it was an excellent idea. Sawyer thought the Resolution was missing the name of Pickrell although he's not sure he was with the City ten years. The City Secretary was asked to check into Mr. G.W. for it. Mr. McDonald pointed out there are three people on the list who do not have quite ten years of service. Mr. Sawyer had no problem with g~v~ng these three people credit for ten years because they are mighty close to it. Mr. Swinney thought it was a wonderful gesture and he's in favor of it, but he doesn't like listing the date of death. Also, we're recognizing the date of death of one particular employee. Mr. Potempa suggested doing away with the dates and just keeping the names. Mr. Sawyer moved to approve the Resolution acknowledging "Employee Remembrance Day" and that those employees with close to ten years be recognized in the Resolution. Mr. Greenwald seconded the motion. Mr. Swinney asked if December 17th doesn't take away from the other employees. He's knows that the date of the death of John Peterson. He suggested the first day of spring as -83- #10 CITY MANAGER'S REPORT: A. Reported if there is no objection from City Council, the Public Works Department has proposed a service and Christmas item for Council's consideration. The Police Chief, working with the Clemens ROTC, has gotten the old 1956 fire truck shined up and will be using it to bring Santa down for the Christmas Tree Lighting this Thursday evening. Public Works would like to use the fire truck and furnish a City employee, allowing him/her to take compensatory time off, to drive around the City's neighborhoods with carolers. Council gave a consensus of approval for this idea. B. Reminded Council of the Christmas Tree Lighting this Thursday evening, December 5th. Those who donated toward the purchase of the new Christmas Tree will be recognized with plaques. C. Mentioned the Annual Employee Awards Dinner and Christmas Party is scheduled for Friday, December 6th. Social hour starts at 6:00 p.m. D. Announced there will be a TXDoT publiC hearing on January 13th at Samuel Clemens High School cafeteria regarding FM 78 right-Of-way. E. Stated the next workshop is scheduled for Wednesday, December Ilth and he is scheduled for a day's vacation. He would like Council's permission to have either Steve Simonson or Mark Marquez attend in his place, or they could change the meeting to Tuesday the 10th. The consensus of Council was to stay with the Wednesday night meeting. #11 ITEMS BY COUNCIL: Mr. McDonald: A. Noted it looks like the gate in Mr. Lancaster's gated community is too close to Dimrock. B. Referred to the Planning and Zoning minutes and said he has some reservations now about approving the 121 acre gated community up by HEB. It seems Mr. Sandi ten is vacillating. In our meeting he specifically said he would complete Wiederstein Road to FM 3009. According to the minutes, Barshop is going to work with him. We need a commitment from him and need to hold his feet to the fire. Mr. McDonald felt he was misled when he was told all these gated communities would comply with the UDC. Now he reads in the minutes they didn't agree to comply with the fence' requirements. Mr. Greenwald emphasized when they agreed to comply with the UDC requirements, total masonry or wrought iron was not a requirement. That was added later. When they agreed, all the UDC said was fence. Mr. Greenwald also pointed out Mr. Sanditen is working with Barshop because that section is not his property. Mr. Potemoa: Expressed his pleasure with Chief Smith for the selection of Beverly Todd as the new Lieutenant. -85-