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03-26-03 Schertz City Council – Workshop Session Wednesday, March 26, 2003 The Schertz City Council convened in workshop session on Wednesday, March 26, 2003 at 7:00pm in the Municipal Complex Conference Room, 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. Before calling the meeting to order Mayor Baldwin read proclamation declaring March 29, 2003 as "Marty Martinez Day" in the City of Schertz. He would be making presentation (proclamation) at the opening ceremony, 10 a.m. of B.V.Y.A. on Saturday, th 29 March at City park. The proclamation recounts the many accomplishments, contributions and involvement of thirty plus years by Marty Martinez in leadership in youth sport programs. At this time, Mayor Baldwin called the meeting to order at 7:00 p.m. #1 Hearing of Residents: Robert Brockman , 4505 Grand Forrest had the following comments: ?? Advised the 4B Board met at 6 p.m. however, was not on the City marquee. ?? Commented on the need of Portapotty's at softball fields behind city hall buildings. Some are needed until such time that restrooms are constructed. ?? Asked if original construction sign at playscape site could be repaired to read correctly or remove it. ?? Commented yellow stripping on Elbel Road is needed. ?? Asked when would lights start flashing on Schertz Parkway? Was advised at the time of completion. ?? Commented the Comprehensive Land Plan of city calls for certain square footage (22,000-sq. ft.) for City Hall. At the present time the square footage is approximately 11,000 sq. ft. City employees aren't being treated right in his opinion. He believes the issue should be part of bond program. City Manager Marquez stated he didn't have a good answer. Plan for expansion will probably fall in the City's five-year capital plan. The plan covers issue of expanding building, however, at the present the issue is in discussion internally (staff). It's a critical issue and staff is aware of many departments in crowding situations. Mr. Brockman stated he is in favor of new city building. ?? Asked when names of City officials/pictures would be placed out in lobby area. He was informed the project is ongoing, Public Information Officer (Tony Wilson) as well as the City Secretary's Department is working on project. ?? Commented he was happy to see continuing work on corner of Curtiss Ave. and Schertz Parkway. ?? Reiterated concern for need to place one-way signage at Post Office drop off and parking area. #2 Discuss public hearing regarding the consideration of a drainage utility system. Mr. Marquez advised of requirement having been met relative to Drainage Utility System process. At least thirty-day notification published in city newspaper advising of public hearing has been done. As of April 1, 2003 the requirement will be met and public hearing scheduled for that date. Mr. Marquez informed the process takes two ordinances as well as resolutions. Copies of ordinances are part of council packet. The first ordinance declares adopting the system, which would be reviewed, and process (first reading consideration) would begin at the April 1, meeting. Second ordinance deals with fees. The process would be similar to the first: resolution and publication of at least thirty days before second public hearing would take place relative to the second ordinance. Council would be ready to proceed at next Tuesday nights meeting. #3 Discuss the following regarding a drainage utility system. First reading of an Ordinance declaring adoption of the Municipal Drainage (a) Utility System Act; making and adopting findings; declaring the drainage of the City of Schertz to be a public utility and incorporating existing drainage facilities, materials and supplies into the drainage utility system and identifying a service area. Mr. Marquez explained the first ordinance having to do with the creation of the Utility System is to be considered for action at the April 1, meeting. The ordinance is pretty straightforward. Ordinance is right out of the statutes and reviewed by City Attorney, Michael Spain. Ordinance is ready to go and contains all rules and requirements to cover the system. Mr. Marquez explained the first public hearing (April 1, 2003) would be consideration of creation of the utility system and the second would be the establishment of charges, of which the public hearing has not been set. Discuss setting a public hearing date for an Ordinance levying drainage utility (b) charges; providing that charges shall include funding of future construction; modifying Chapter 19 of the City of Schertz Code of Ordinances by adding thereto a section providing for the establishment of a drainage utility system; adopting drainage charges; providing for segregation of income; providing for discontinuance of utility services; establishing exemptions; providing for due date of charges and delinquency charges; and establishing billing and deposit procedures. Mr. Marquez advised that May 6, 2003 is the proposed date for the second public hearing regarding the second ordinance: Establishing Charges, if Council wishes to proceed. Council consensus was to wait in setting public hearing for consideration of second ordinance establishing charges, until Council feels comfortable with structure of funding, charges, billing, etc. #4 Discussion and action on setting a public hearing date for creating a Reinvestment Zone for TADCO 2 and authorizing a tax abatement for TADCO 2. Mr. Marquez advised that requirement on setting public hearing relative to tax abatement is seven days unlike the usual requirement of 15 days. He has taken it upon himself to publish the public hearing, due to a time issue. TADCO has made tremendous contributions and building is almost full (tenants) and plans are to build a second building, with no tenants in mine. This is big plus for the community. Mr. Marquez noted that part of Council packet is the Economic Development Commissions recommendation for approval on tax abatement, which the Commission will consider at their next meeting. Mr. Marquez explained the tax abatement process and noted that before authorizing tax abatement, a reinvestment zone must be created which requires a public hearing. The public hearing is scheduled for April 1, 2003. Councilmember Douglas stated that he was present at the Economic Development Commission meeting and added it was a well-defined process, with unanimous decision by the Commission to approve the abatement. Councilmember Simonson moved to set public hearing, April 1, 2003 for creating a Reinvestment Zone for TADCO 2 and authorizing tax abatement for TADCO 2. Councilmember Greenwald seconded the motion, which carried with the following vote: AYES:Councilmember Douglas, Simonson, Agee, Wilenchik and Greenwald. NAY: None. #5 Discussion on first reading of Ordinance creating a Reinvestment Zone for TADCO 2. Mr. Marquez advised ordinance is pretty straightforward and carbon copy of other ordinances relative to reinvestment zones. It's also in accordance with Section 312 of the Texas Property Tax Code. Council agreed they would be ready to take action at next Tuesday nights meeting. #6 Discussion on first reading of Ordinance authorizing a tax abatement for TADCO 2. Mr. Marquez explained that part of council packet is overview of tax abatement package. He briefly reported on proposed plan of two buildings (264,300 sq. ft) at a cost of approximately $6,388,733.00. He explained criteria guidelines (actual size of abatement) and requirement of 1.5 to 1 ratios for abatements to cover costs. Mr. Marquez called attention to table "Abatement Percentages Adjusted to Meet Ratio and Client Desires." He noted companyqualified for eight-year abatement at 90% for the first 7 years and 40% for the eighth year, however after adjustments, which are allowed in guideline criteria, the percentage is 69% for seven years and 50% for the eighth year. The company however, requested a 10-year term, and as shown on the table the dollar figures for eight year adjusted and 10-year adjusted are the same. So conversion of shorter term versus longer term does not cost more money. Mr. Marquez noted the Commission reviewed to some depth and was comfortable with process. It’s a good program, it's worth doing and meets the city's criteria. Council agreed they would be ready to take action at Tuesday night's meeting. #7 Discuss emergency water connection for Green Valley Special Utility District (GVSUD). Mr. Marquez deferred to Assistant City Manager Johnny Bierschwale. Johnny Bierschwale advised of request from Dorothy Mils, General Manager of Green Valley Special Utility District (GVSUD) for emergency water connection. He noted some customers are in Schertz city limits. He pointed out that with Ms. Mils as General Manager he foresees a better relationship with Schertz. He noted charges of interconnection would be the responsibility of GVSUD and charged accordingly. Council had no problem with providing emergency water connection to GVSUD. #8 Discuss Water Rate Increase . Mr. Marquez reminded Council of water rate structure proposed over a three-year period. Customers will experience the third rate increase in May of 2003. He briefly explained the ready to service increase of $2, and what added charges would be depending on current gallon charges up to 17,999 gallons and added charge on exceeding 18,000 gallons.He pointed out that over the three-year period the base rate increased $10. However, noted that as water connections occur to distribution system or wholesale connections, water rates will reduce. #9 Discuss appointment of Clovis Haddock to Planning and Zoning Commission. Council had no objection on appointing Clovis Haddock to the Planning and Zoning Commission. They made a good chose. Council would be ready to take action at Tuesday night's meeting. #10 Consider and take action on following Resolutions: (a) Resolution of the City Council of the City of Schertz, Approving a statement and Petition in Condemnation Relating toAustofield Partners No. 1 Ltd., Austofield Partners No. 2, Ltd., and Austofield Partners No. 3, Ltd. (b) Resolution of the City Council of the City of Schertz, Texas approving a statement and petition of condemnation relating to Felix Leon. Mayor Baldwin read caption of resolutions and pointed out that both are relative to ongoing water project (Schertz/Seguin Local Government Corporation). Without further discussion, Councilmember Simonson moved to approve both resolutions relative to Austofield Partners No. 1 Ltd., Austofield Partners No. 2, Ltd., and Austofield Partners No. 3, Ltd. and Felix Leon. Councilmember Wilenchik seconded the motion, which carried with the following votes: AYES: Councilmember Douglas, Simonson, Agee, Wilenchik and Greenwald. NAY: None. #11 Items by City Manager General Announcements ?? Referred to policy dealing with Council packets. Policy states that material contained in workshop session which are carried over to a following meeting of City Council will not be recopied. Council is asked to hold on to workshop material. This helps in productivity and paper. This policy will stay in effect unless council wishes to change the policy. Mentioned that City Secretary's Department maintains a copy of all workshop sessions and regular meetings if Council ever has the need to refer to any packet. ??thst Reminded council he would be out of town March 27 through the 31 of March. ?? Reported on process with NBU Franchise agreement. Initial discussions have been nice and friendly. If things continue along this line he doesn't anticipate any problems. ?? Thanked Councilmember Agee for her participation (on short notice-10 minutes) at Employee Remembrance Day. ?? Informed Council Heather Barker, Animal Control Supervisor will be introduced at Council st meeting of April 1. #12Items by Council General Announcements Councilmember Douglas Liaison EDC ?? Referring to Curtiss Ave and Schertz Parkway, he is assuming there are plans to re- mark (strip) the street. It definitely needs to be. ?? Regarding new construction relative to in-loading garages (at intersection) where house faces onto one street and garage faces the other street. He believes there is lack of standardization. Should this issue be brought up with Planning and Zoning and if not with whom? For example, Inspection Department will approve some, then disapprove others, referring to Plantation Homes at Schertz Parkway and Woodland Oaks. He was advised that certain streets such as high collectors and others having 1' non-access easements, stop in-loading garages, these streets are considered high traffic areas. Are there definitive guidelines or do certain circumstances dictate approval/disapproval? He was advised inquiry will take place. ?? Commented for benefit of Chief Cantrell. Wants to commend Officer Jones (Officer delivering packet). He had the privilege of speaking with the officer for about twenty minutes, and stated the young officer is a fine representation of the Schertz Police Department. Councilmember Simonson 4-B Board Liaison BVYA th ?? Advised of B.V.Y.A opening day Saturday, 29 March at 10:00 a.m. Councilmember Agee 4-B Board Liaison Schertz Housing Authority Liaison Schertz Library Board ?? Referred to driveway issue (alleyway) off of Webster Street onto FM3009. It's a dangerous situation when traffic zooms out of there. She would like to see it become one-way in either direction. Councilmember Wilenchik 4-B Board Liaison Schertz Humane Society Liaison HOA Coalition ?? Reported on Humane Society meeting and appointment of Heather Barker, Animal Control Supervisor. rd ?? Mentioned the race (Doggie Dash) is scheduled to be held 3 of May, and reported $1,400 dollars collected in sponsorships. Mentioned that the printing company H.P Printing has declined in helping out in printing applications. In going with another company, it will use up approximately 25% of sponsorship money, for printing 5,000 applications. ?? Commented there is not one directional sign off of FM3009 to the Animal Shelter. The Humane Society has requested a sign be erected. He believes request has been made (sometime ago), however nothing has been done. He was advised that because FM3009 is a State Highway such a request must be filed through the State and approved. An inquiry will be done. Councilmember Greenwald 4-B Board Ex-officio P & Z Commission Ex-officio SSLG Corp. ?? Reported on Planning and Zoning meeting of Tuesday night. Items discussed were: 1. Unit off of Eckerd Road, rezoning on frontage (GB) of 9 acre tract. 2. Nell Deanne Subdivision, no action taken due to William Sommers abstaining, which resulted in not having a quorum. Developer was not happy, this is the second time around. The subdivision has other issues, such as access and drainage. #13 Items byMayor General Announcements ?? Mentioned spending four hours in Judge Berry's court relative to SAFES lawsuit. The judge informed everyone involved that he is backlogged 2000 cases and strongly urged some type of settlement between parties. Mediation is next week and those attending will be himself, Steve, Mark, Dudley and attorney. ?? Thanked Tony Wilson and Dudley Wait on helping him out with good presentation of slides at High School, Joyce Briscoe class. Informed Council of Joyce Briscoe last year at High School. He would like to invite her to a Council meeting before retiring to give her some pats on the back. ADJOURNMENT #14 There being no further business to discuss, Mayor Baldwin adjourned the meeting at 8:50 p.m. ________________________ Mayor, City of Schertz, Texas ATTEST: _____________________________________ Deputy City Secretary, City of Schertz, Texas