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04-01-03 Schertz City Council – Regular Session Tuesday, April 1, 2003 The Schertz City Council convened in regular session on Tuesday, April 1, 2003 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 called the meeting to order, welcomed everyone and asked that everyone rise and join him in the Pledge of Allegiance to the Flag. Before anything else Mayor Baldwin advised that introduction of new employees would follow. Introduction of New Employees: a. Firefighter Josh Golden. Chief Friesenhahn introduced the newest member of the Schertz Fire Department, Josh Golden. He read a short Bio on his education and employment. Josh attended San Antonio Regional Fire Academy, and achieved the rank of lieutenant, volunteering with the Bulverde Area Volunteer Fire Department and then working part-time with same after completing EMT/Fire Training. We are happy to have him on aboard. Council welcomed him to the City of Schertz. b. Animal Shelter Supervisor Heather Barker Chief Cantrell introduced Heather Barker, Animal Shelter Supervisor. Ms. Barker began her employment on March 20, 2003. He read a short Bio on Ms. Barker's education and employment. He noted Ms. Barker has a Bachelor's degree in Animal Science from Southwest Texas State, is a member of Southwest Texas State Animal Care & Control Association. She was previously employed with New Braunfels Humane Society, is active in County Fair Associations in Guadalupe/Comal Counties. We are happy to have her. She is a great addition. Council welcomed her to the City of Schertz. #1 Hearing of Residents: Robert Brockman , 4505 Grand Forrest had the following comments: ?? Commented he wants a new City Hall built. He is referring to Comprehensive Land Plan where it refers to square footage. Currently City Hall doesn't meet the square footage. He believes it might not happen in his lifetime, however, would like discussion of the issue placed as an agenda item. Noted he would very much like to see construction of new City Hall on City owned property (64 acres). He was advised Council doesn't disagree. However, no thoughts as of yet on the issue. Support and selling the idea are big issues, commented Mayor Baldwin. He suggested Mr. Brockman attend bond meetings and voice concerns. ?? Referring to Comprehensive Land Plan. He noted no mention of Municipal Judge, or court clerks. It was surprising to him that not full credit was given to the department. ?? Mentioned placement of yields sign at drive-up window area as vehicles exit behind Community Center. We wouldn't want anyone crashing into one another. ?? Wondered who would be responsible for changing bulbs on new streetlights along Schertz Parkway. Was advised GVEC would maintain streetlights. The City has franchise agreement with them. ?? Advised council of Public Works chipping policy, services have increased from $10 per 1/2 hour to $25 per 1/2 hour. Was council aware? It was questioned, when did it become effective? He was advised the change in policy has been in effect for sometime, and notification was sent. The cost of running the chipper warrants the increase. Chipping demand has increased from 1 to 2 days. ?? Reiterated the need for portapotty's at ball fields. Who is responsible? The City or B.V.Y.A. He was advised the City with B.V.Y.A. helping to maintain. If potty's haven't been placed, it will be checked out. The construction of restroom is behind schedule due to manpower. ?? Reported Judge Schraub was back (Commissioners Court), had been out sick. Reported Commissioner's Court dealt with Hospital issue (real estate). He added Commission rescinded their vote on the issue. He also picked up a copy of Guadalupe County Budget calendar if Council was interested in having a copy. #2 PUBLIC HEARING: To receive citizen comments on consideration of a drainage utility system. Mayor Baldwin explained the procedures to be followed for the Public Hearing. Mr. Marquez explained purpose of Public Hearing. He noted it's for citizen input on proposed municipal drainage utility system. The system usually is designed to deal with drainage issues within the City. However, this system goes beyond the norm, the setup will include a series of federal mandates such as storm water, drainage, etc., that the city must fund. This is just the first step of a larger process of which this step simply allows for the creation. Johnny Bierschwale Assistant City Manager pointed out the system is needed, enabling the city control of certain issues such as flood plain management, etc, With the control comes maintenance, and the only way is to establish a system, assess fees for maintenance purposes. Robert Brockman spoke on the public hearing issue and noted that he recalls the fee in San Antonio (when he lived there) was not much, a couple of dollars. He believes it's a good idea, to get the issue underway. Councilmember Simonson pointed out the City has been looking at the issue for a long time and he's all for it, the sooner the better. It's the responsible thing to do not only to help maintain the system today, but the future. Without further comments, Mayor Baldwin closed the public hearing. #3 ORDINANCE: Consider and take action on first reading of an Ordinance declaring adoption of the Municipal Drainage Utility Systems Act; making and adopting findings; declaring the drainage of the City' to be a public utility and incorporating existing drainage facilities, materials and supplies into the drainage utility system and identifying a service area. Mayor Baldwin introduced an Ordinance and read the caption as follows: AN ORDINANCE AN ORDINANCE DECLARING ADOPTION OF THE MUNICIPAL DRAINAGE UTILITY SYSTEMS ACT; MAKING AND ADOPTING FINDINGS; DECLARING THE DRAINAGE OF THE CITY' TO BE A PUBLIC UTILITY AND INCORPORATING EXISTING DRAINAGE FACILITIES, MATERIALS AND SUPPLIES INTO THE DRAINAGE UTILITY SYSTEM AND IDENTIFYING A SERVICE AREA. Without further discussion, Councilmember Simonson moved to approve the first reading of ordinance declaring adoption of Municipal Drainage Utility Systems Act. Councilmember Greenwald seconded the motion, which carried with the following votes: AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald. NAY: None. #4 PUBLIC HEARING: To receive citizen comments on creating a Reinvestment Zone for TADCO 2. Mayor Baldwin explained the procedures to be followed for the Public Hearing. Mr. Marquez noted ordinance is to establish reinvestment zone for the process of authorizing tax abatement. A city must create the reinvestment zone first. The process requires public hearing; publication (legal notice) published at least seven days, a requirement of the tax code. All requirements have been met. At this time, Amy Madison, Community Development Director apologized for Mr. Robert Hunt representative of company. Mr. Hunt was involved in traffic accident on his way to the meeting and will not be attending. She then went on to explain that State requires reinvestment zones be designated. This designated zone then allows (city) tax abatement to take place. The zone allows for limits to be placed, only the taxable income from area may be abated. If zone weren't established there would be no boundary to which the abatement could be applied. Councilmember Wilenchik brought up the issue: shouldn't the zones be created and then businesses sought. Or is the process to create the zone where a business wants to locate or relocate. Ms. Madison commented that formally the City had a State Enterprise Zone, which was just that. A zone that is blessed by the State that allows project to come into a City without having to create a reinvestment zone. With such a zone in place certain requirements such as public hearing, etc., is notnecessary. The City's Enterprise Zone expired in August and was notable to reapply. There is a critical criterion to be followed; two of which is having enough unemployment rate and poverty level in an area, of which Schertz did not meet. Schertz was not in a position to reapply. In brief discussion Council would like to look into the possibility of creating a reinvestment zone for a larger area in the Tri-County Business area. Council asked that it be placed in workshop session for further consideration. With such a zone in place would eliminate certain requirements such as holding public hearing for individual projects, etc. At this time Mayor Baldwin opened Public Hearing for citizen input. Robert Brockman asked if there shouldn't be a map alienating the extent of the area. He agrees with looking into possibly creating a larger zone instead of piece mill projects Without additional comments from public Mayor Baldwin closed the Public Hearing. #5 ORDINANCE: Consider and take action on first reading of Ordinance creating a Reinvestment Zone. Mayor Baldwin introduced an Ordinance and read the caption as follows: AN ORDINANCE AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, ESTABLISHING THE TADCO PARK II ZONE. Without further discussion, Councilmember Greenwald moved to approve first reading of ordinance creating reinvestment zone for TADCO II. Councilmember Douglas seconded the motion, which carried with the following votes: AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik, and Greenwald. NAY: None. #6 ORDINANCE: Consider and take action on first reading of Ordinance authorizing tax abatement. Mayor Baldwin introduced an Ordinance and read the caption as follows: AN ORDINANCE AN ORDINANCE BY THE CITY OF SCHERTZ, TEXAS, APPROVING A TAX ABATEMENT AND A TAX ABATEMENT AGREEMENT BY THE CITY COUNCIL FOR AND WITH TADCO/TRI-COUNTY LTD., A PROPERTY OWNER IN THE CITY OF SCHERTZ. Mr. Marquez explained that as part of the overall development (in Tri-County area) the City has encouraged tax abatement for past several years and has been successful. The new criterion (pretty comprehensive) is in Council packet and includes application, of which gives snapshot of information relative to abatement. He then called attention to the information provided on table: "Abatement Percentages Adjusted to Meet Ratio and Client Desires." He explained the criterion was based on 1.5 to 1 ratios, which means that the taxes received must exceed the abatement by 1.5 to 1. In case the criteria couldn't be met, the ordinance allows adjustments in order to meet the criteria. This was the case for TADCO. The TADCO property was given such an adjustment, 69% for seven years and 50% for the eighth. However, TADCO requested a ten-year term, of which the Commission approved provided the abatement (value) would not exceed the adjusted dollar value. Again, an adjustment to allow the ten-year term at 53.3% per year that meets the criteria. In conclusion, Mr. Marquez believes this type of program is a position move by the City. Without further discussion, Councilmember Greenwald moved to approve the first reading of an ordinance approving tax abatement for TADCO II. Councilmember Simonson seconded the motion, which carried with the following votes: AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik, and Greenwald. NAY: None. #7 EMERGENCY WATER CONNECTION: Consider and take action regarding emergency water connection for Green Valley Utility District (GVSUD). Mr. Marquez explained the request comes from Ms. Mils, General Manager of Green Valley Utility District. Staff has looked at issue and decided it's not a bad idea. The district will be responsible for all cost associated with connection therefore from an emergency standpoint; it seemed appropriate to help our neighbor. It was also pointed out that the district serves Schertz residents. Without further discussion, Councilmember Greenwald moved to approve emergency water connection for Green Valley Utility District. CouncilmemberWilenchik seconded the motion, which carried with the following votes: AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik, and Greenwald. NAY: None. #8 APPOINTMENT: Consider and take action appointing Clovis Haddock to Planning and Zoning Commission. Councilmember Agee moved to approve the appointment of Clovis Haddock to the Planning and Zoning Commission. Councilmember Greenwald seconded the motion, which carried with the following votes: AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald. NAY: None. At this time, Mayor Baldwin advised moving item 12, Executive Session next on the agenda. Council took a short break before moving into Conference Room. #12 EXECUTIVE SESSION: Called under Chapter 551 of the Texas Government Code, Sub-section 551.072, Deliberation regarding real property (Schertz/Seguin Local Government Corporation). An Executive Session was held from 7:40 p. m. to 9:35 p. m #13 Action, if any, on above Executive Session. No action was taken. At this time, Council resumed with the agenda as follows: #9Items by City Manager General Announcements ?? Advised that Budget booklet was part of Council packet. ?? Reminded Mayor Baldwin of 10:00 a. m., Friday Bond meeting ?? Commented that April 14, 2003, the Health Insurance Portability and Accountability Act (HIPAA). Law will go into effective. It will restrict many things in relation to City employees. Council will be briefed at a later date. ?? Asked about pager need for Council; two have been returned so far. Will be looking to renew contact, and would like Council input if pagers were necessary. #10 Items by Council General Announcements Councilmember Douglas Liaison EDC Had no comments. Councilmember Simonson 4-B Board Liaison BVYA ?? Reported on opening day of B.V.Y.A., Saturday 29, April. He commented over 700 hundred kids registered for baseball. He added Mr. Johnie McDow spoke up for the upcoming bond issue and the need for recreational facilities. He strongly expressed the need for citizen help if these type facilities were wanted. Councilmember Agee 4-B Board Liaison Schertz Housing Authority Liaison Schertz Library Board Had no comments. Councilmember Wilenchik 4-B Board Liaison Schertz Humane Society Liaison HOA Coalition Had no comments. Councilmember Greenwald 4-B Board Ex-officio P & Z Commission Ex-officio SSLG Corp. ?? Provided copy of letter from Pam Herrera, SSLGC Administrative Assistant regarding an article published in the Nixon newspaper relative to drilling of Nixon's new wells. #11Items byMayor General Announcements ?? Reminded everyone of the scheduled "Big Splash, Saturday, 10 am. #14ADJOURNMENT There being no further business to discuss, Mayor Baldwin adjourned the meeting at 9:37 p.m. ________________________ Mayor, City of Schertz, Texas ATTEST: _____________________________________ Deputy City Secretary, City of Schertz, Texas