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01-18-03 Schertz City Council – Regular Session Tuesday, September 2, 2003 The Schertz City Council convened in regular session on Tuesday, September 2, 2003 at 7:00 p.m. in the Municipal Complex Council Chambers, 1400 Schertz Parkway, Schertz, Texas. The following members were present: Mayor Pro-tem Greenwald presiding, Councilmembers Carl Douglas, Steve Simonson, Reginna Agee, and Tony Wilenchik. Mayor Hal Baldwin absent. Staff members present were City Manager Mark Marquez and Deputy City Secretary Mary Ybarra. Mayor Pro-Tem Greenwald asked that everyone rise and join him in the pledge of allegance. #1 PUBLIC HEARING: To receive citizen comments on the proposed tax rate. City Manager Marquez informed that the tax rate would be staying the same as last year, .03825, however citizens will see a slight increase in taxes, which were driven by appraisals on homes. Some citizens will experience slight increases due to assessed evaluation. As an example some may possibly see an increase over the course of year of $22.56. He explained that the tax rate is made up of two components; Maintenance & Operation (M&0) and Interest and Sinking I&S. The M&O rate this year did not rise, it fell. The I&S rate however rose partly due to funding projects such as; pool refurbish, FEMA drainage, purchase of ambulance, funded correction on FM3009 PID project, etc. As mentioned the tax rate will remain the same even though I&S rose, with the M&O rate falling, it off set the rate, which caused no increase. He emphasized the tax rate does support the Budget. There being no comments from citizens, etc. Mayor Pro-tem Greenwald closed the Public Hearing. #2 ADJOURNMENT Mayor Pro-tem Greenwald adjourned the meeting at 7:05 p.m. The Schertz City Council convened in Regular Session, following a public hearing on the tax rate. #1 Introduction of New Employee in Inspection Department. Ms. Amy Madison, Economic Development Director introduced new employee Theodore” Ted” Kryger. He will be serving as Assistant Inspector. The Department is glad to have him on abroad. She mentioned he had been employed with the City Garden Ridge before coming to the City. He is experienced in water treatment certifications and is a lifetime licensed general contractor in home improvements. He recently moved from Maryland with wife, Diane, two children, daughter Tabitha living in San Antonio, and son Ted living in California. Council welcomed Ted and wished him well. Ted thanked Council and stated it was a pleasure meeting Council. He also thanked the interviewing committee for giving him the opportunity, and he will do his best to serve the citizens of Schertz. #2 HEARING OF RESIDENTS: Robert Brockman, 4505 Grand Forest commented on following: ?? Wiederstein improvement is fine and dandy. He couldn’t be any happier on its completion. ?? Referred to BOA posting requirement. ?? Mentioned Schertz Parkway/Savannah Drive lights weren’t working. Reported it, lights are working now. ?? Commented there is a need for stop sign at back entrance of Forest Ridge Subdivision-Rockwood Drive/Wiederstein Road. #3 APPROVAL OF MINUTES: Workshop Session Councilmember Simonson moved to approve the minutes of workshop session July 30, 2003 as written. Councilmember Agee seconded the motion, which carried with the following votes: AYES: Councilmembers Douglas, Simonson, Agee, and Wilenchik. NAY: None. #4 ORDINANCE: Consider and take action on final reading of Ordinance rezoning 14.57 acres from R-5 to R-6. Mayor Pro-tem Greenwald introduced an Ordinance and read the caption as follows: ORDINANCE NO. 03-S-24 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE UNIFIED DEVELOPMENT CODE (UDC), ORDINANCE NO. 96-2-28, BY REZONING 14.57 ACRES OUT OF GUADALUPE COUNTY FROM GARDEN HOME/SINGLE RESIDENTIAL DISTRICT ZERO LOT LINE (R-5 TO SINGLE FAMILY RESIDENTIAL DISTRICT (R-6). City Manager Marquez advised there were no changes to Ordinance. Councilmember Agee moved to approve final reading rezoning 14.57 acres from Garden Home/Single Residential District Zero Lot Line (R-5) to Single Family Residential District (R-6). Councilmember Simonson seconded the motion, which carried with the following votes: AYES: Councilmembers Douglas, Simonson, Agee, and Wilenchik. NAY: None. #5 ORDINANCE: Consider and take action on final reading of Ordinance rezoning 5.448 acres from OP to NS. Mayor Pro-Tem Greenwald introduced an Ordinance and read the caption as follows: ORDINANCE NO. 03-S-25 AN ORDINANCE BY CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE UNIFIED DEVELOPMENT CODE (UDC), ORDINANCE 96-S-28, BY REZONING 5.448 ACRES OUT OF GUADALUPE COUNTY FROM OFFICE AND PROFESSIONAL (OP) TO NIEGHBORHOOD SERVICES (NS). City Manager Marquez advised there were no changes to Ordinance. Councilmember Agee moved to approve final reading of Ordinance rezoning 5.448 acres from Office and Professional (OP) to Neighborhood Services (NS). Councilmember Simonson seconded the motion, which carried with the following votes: AYES: Councilmembers Douglas, Simonson, Agee and Wilenchik. NAY: None. #6 ORDINANCE: Consider and take action on final reading of Ordinance regarding placement of traffic lights. Mayor Pro-Tem Greenwald introduced an Ordinance and read the caption as follows: ORDINANCE NO. 03-D-26 AN ORDINANCE 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 SECTION 18-58; TRAFFIC LIGHT LOCATIONS; AND PROVIDING A REPEALING CLAUSE. City Manager Marquez advised there were no changes to Ordinance. Councilmember Douglas moved to approve the final reading of Ordinance revising section 18-58; Traffic Light Locations. Councilmember Agee seconded the motion, which carried with the following votes: AYES: Councilmembers Douglas, Simonson, Agee, and Wilenchik. NAY: None. #7 BID AWARD: Consider and take action awarding bid for Municipal Complex Additional Parking. City Manager Marquez reminded Council of mid-year expenditure (approx. $141,000) authorized by Schertz Economic Development for items for Emergency Service Buildings. One being expansion of parking lot across from Fire Service and EMS Building. The project went out for bid and this is the result. A complete list of companies bidding is part of Council packet. The low bidder was Mort Roszell Company, Inc. in the amount of $83,635.85. Engineer and staff recommend approval. It was also mentioned that bid was well below budget amount. Councilmember Douglas moved to award bid for Municipal Complex additional parking to Mort Roszell Company, Inc. in the amount of $83,635.85. Councilmember Agee seconded the motion, which carried with the following votes: AYES: Councilmembers Douglas, Simonson, Agee and Wilenchik. NAY: None. #8 EMS WRITE-OFFS: Consider and take action regarding EMS Write-Offs. City Manager reminded Council of last year budget review and preparation for upcoming budget (this year) the discussion of EMS write-offs of un-collectible debts. The figure $604,052.76 should be the final write-off for the year. Out of the total $332,000 is over two year olds, $269,000 is contractual debts such as Medicare and Medicaid. City Manager Marquez added that the write-off also clears the books for audit purposes. Clarification regarding any money collected after the write-off was asked. Would money go into General Fund? No money would go into General Fund it would remain in EMS Fund. Councilmember Wilenchik moved to approve EMS write-off in the amount of $604,052.76. Councilmember Agee seconded the motion, which carried with the following votes: AYES: Councilmembers Douglas, Simonson, Agee, and Wilenchik. NAY: None. #9 APPOINTMENTS: Consider and take action regarding appointment of Board of Adjustment. Mayor Pro-tem Greenwald advised that both Mr. Hartzog and Mr. Duigon have agreed to continue on the Board. Both are doing a good job. Councilmember Wilenchik moved to approve the appointment of Mr. Hartzog and Mr. Duigon to the Board of Adjustment. Councilmember Agee seconded the motion, which carried with the following votes: AYES: Councilmembers Douglas, Simonson, Agee, and Wilenchik. NAY: None. #10 SALE OF WATER: Consider and take action by Resolution regarding sale of water by the Schertz/Seguin Local Government Corporation to: A. The City of Universal City B. The City of Selma C. Springs Hill City Manager Marquez commented Resolution process is necessary as part of corporate requirement (Seguin/Schertz), efforts to sell fifteen one million dollars of bonds. Bond requirement for selling water requires approval from both City Councils. Have received word that Seguin City Council unanimously approved Resolution, and so recommend a similar approval from Schertz City Council. Seguin/Schertz Local Government Corporation Attorney Pat Linder, drafted contracts with the help of others. The end result is included as part of Council packet. Mr. Marquez emphasized that by no means is the City giving up anything other than excess water. He also reminded Council the contract is for (40) forty years, with (10) ten-year renewal. He added that water for the first year would be sold at the rate of $.97 per 1000. The City of Universal City contract for receiving 800 acre-feet of water per year for (40) forty years will pay the corporation $2,270,171.50. The City of Selma will pay an equal amount. The Spring Hill Water contract is slightly different in that it’s a take or pay contract, not buying any capital, it’s a short-term contract, of (10) ten years. The provisions in the Spring Hill Water contract are different and thus rate will be slightly different at $1.50 per 1000. City Manager Marquez informed the terms of contract are acceptable by Seguin/Schertz Local Government Corporation Board and terms were approved last Friday in Special Session held. Seguin City Council approved terms this evening at their meeting and Universal City is expected to approve this evening at their meeting. The only stipulation being that if Universal City did not accept; the City of Schertz would not accept either, even though approval was given this evening. Approval would be on condition, that all other contracts were approved. Mayor Pro-tem Greenwald commented water supply to Universal City would not commence until 2005, The City of Selma on the same time frame. The money received from the sale of water will allow the corporation to buy more land and drill more wells. Councilmember Wilenchik asked would money (approx. four million) help offset costs incurred in setting up corporation? He was advised no, money is additional capital for corporate expansion, purchase of property, etc. He was advised that money on loan to corporation from the City of Schertz and City of Seguin would be paid from this money. Councilmember Agee moved to approve three Resolutions; City of Universal City, City of Selma and Spring Hill Water Supply for the sale of water by the Schertz/Seguin Local Government Corporation provided that all (Cities) pass resolutions. Councilmember Simonson seconded the motion, which carried with the following votes: Before the vote was taken, Mayor Pro-tem Greenwald introduced Resolutions and read captions as follows: RESOLUTION NO. 03-R-14 RESOLUTION BY THE CITY OF COUNCIL OF THE CITY OF SCHERTZ, TEXAS, APPROVING AND SONSENTING TO WATER SUPPLY CONTRACT BETWEEN THE SCHERTZ/SEGUIN LOCAL GOVERNMENT CORPORATION AND THE CITY OF UNIVERSAL CITY AND AUTHORIZING THE EXECUTION OF THE CONTRACT ON BEHALF OF THE CITY OF SCHERTZ. RESOLUTION NO. 03-R-15 RESOLUTION BY THE CITY OF COUNCIL OF THE CITY OF SCHERTZ, TEXAS, APPROVING AND SONSENTING TO WATER SUPPLY CONTRACT BETWEEN THE SCHERTZ/SEGUIN LOCAL GOVERNMENT CORPORATION AND THE CITY OF SELMA AUTHORIZING THE EXECUTION OF THE CONTRACT ON BEHALF OF THE CITY OF SCHERTZ. RESOLUTION NO. 03-R-16 RESOLUTION BY THE CITY OF COUNCIL OF THE CITY OF SCHERTZ, TEXAS, APPROVING AND SONSENTING TO WATER SUPPLY CONTRACT BETWEEN THE SCHERTZ/SEGUIN LOCAL GOVERNMENT CORPORATION AND THE SPRINGS HILL WATER SUPPLY CORPORATION AND AUTHORIZING THE EXECUTION OF THE CONTRACT ON BEHALF OF THE CITY OF SCHERTZ. At this time vote was taken on motion, which carried with the following votes: AYES: Councilmembers Douglas, Simonson, Agee, and Wilenchik. NAY: None. #11 SALE AND LEASE PURCHASE: Consider and take action by Resolution on sale of water tanks and pumping stations to the City of Universal City: A. Sale of tanks B. Lease purchase on water wells and pumping equipment. City Manager Marquez explained that with water supply being acquired by Carrizo Wilcox, the City found that two tanks located in Universal City were in excess to City requirements. However, with recent development and contract of sale of water to Universal City the two tanks are prefect for them. In essence the City of Schertz has tanks not needed, but tanks that would benefit Universal City. Cities have been in negotiations for several months and have agreed on price. As part of the negotiations with attorneys for both cities, it was determined it would be appropriate to sell the wells also. The City of Schertz is not selling any of their property rights (Edwards water rights). The sale is for grounds, equipment and of course all appropriate items attached to tanks. Assistant City Manager Johnny Bierschwale explained further that tanks hydraulically would not work with the current system and do not benefit the City any longer. It was pointed out the package is a two part package; Sale of tanks and lease purchase of water wells and equipment. On lease purchase agreement, City Attorney drafted an agreement on water wells and equipment. The agreement is for a five (5) year period with payment set up of approximately $60,000 per year. At the end of the five-year term and payment of any unpaid balance, Universal City would own the wells. Mayor Pro-tem Greenwald introduced a Resolution and read caption as follows: RESOLUTION NO. 03-R-17 RESOLUTION APPROVING THE EXECUTION AND DELIVERY OF A SALE AND PURCHASE AGREEMENT, A SPECIAL WARRANTY DEED, AND A LEASE/PURCHASE AGREEMENT WITH UNIVERSAL CITY TEXAS; RESOLVING OTHER MATTERS INCIDENT AND RELATED THERETO; AND SETTING AN EFFECTIVE DATE. Councilmember Douglas moved to approve Resolution on sale of tanks and lease/purchase of water wells and pumping equipment to the City of Universal City. Councilmember Agee seconded the motion, which carried with the following votes: AYES: Councilmembers Douglas, Simonson, Agee, and Wilenchik NAY: None. #12 Items by City Manager General Announcements ?? Advised he would be out of town Sept. 10-12 at Employment Law Seminar in Corpus Christi, Texas. Assistant City Manager Bierschwale will be acting City Manager in his absences. ?? Asked that Council consider deferring discussion on Planning and Zoning matter to the following workshop session. Council didn’t have a problem with it. ?? Advised of press release on recent animal situation (dogs reported and taken to shelter-very bad conditions). It was most distressing; the animals were put to sleep on Friday. The shelter was closed during the procedure, however will reopen on Saturday. Councilmember Wilenchik inquired if there was any word on break in of facility and two dogs stolen. Was advised the Police Department is working on leads. The chain link fence was cut in the break in and two of the dogs were stolen. The suspects were selective on the removal of these two dogs. #13 Items by Council General Announcements Councilmember Douglas Liaison EDC Had no comments. Councilmember Simonson 4-B Bord Liaison BVYA Had no comments. 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 ?? Advised the developer of the Heitkamp property, IH-35 Frontage Road (Continental Homes of Texas) is having a walk of property on Friday morning. If any one has an interest vehicles will leave City Hall around 8:30 a.m. #14 Items by Mayor Mayor Baldwin absent. At this time Council took a short break and held Executive Session in Conference Room across the hall. #15 EXECUTIVE SESSION; Called under Chapter 551 of the Texas Government Code, Sub-Section 551.074, Personnel Matters. An Executive Session was held from 7:40 p. m. to 8:25 p.m. #16 Action, if any, on above Executive Session. No action was taken. #17 ADJOURNMENT Being no further business Mayor Pro-tem Greenwald moved to adjourn the meeting at 8: 27 p.m. _________________________ Mayor, City of Schertz, Texas ATTEST: ________________________________________ Deputy City Secretary, City of Schertz, Texas