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02-12-03 CITY COUNCIL MINUTES SPECIAL WORKSHOP SESSION FEBRUARY 12, 2003 The Schertz City Council convened in Special Workshop Session on Wednesday, February 12, 2003 at 7:00 p.m. in the Municipal Complex Conference Room, 1400 Schertz Parkway, Schertz, Texas. Those present were Mayor Pro-Tem Tony Wilenchik, presiding; Councilmembers Carl Douglas, Steve Simonson, and Ken Greenwald. Those absent were Mayor Hal Baldwin and Councilmember Reginna Agee. Staff present were City Manager Mark Marquez and City Secretmy Norma Althouse. #1 Introduction offirefighters completing paramedic course. Fire Chief, Elroy Friesenhahn, introduced Wes Daily and gave his background and credentials. Chief Friesenhahn noted he was one of eight to complete the paramedic course. Mayor Pro-Tern Wilenchik presented Mr. Daily with his badge. #2 HEARING OF RESIDENTS William Neller of 305 Koch St. commented on the following: · Many years ago, he was one of the first EMT's to take part in training and at that time it was done in Seguin and you paid your own way. · Mentioned he was extremely disappointed in the voter turnout for the February 1, 2003 election. Wondered i£ it would be in violation of any ordinance to ride around the City with a bullhorn encouraging citizens to get out and vote. Council indicated there is a noise ordinance, so it would have to be researched. Mr. Douglas said he wished Mr. Neller would have suggested this before the last election - he would have ridden with him. Mayor Pro-Tern Wilenchik mentioned there is a voter apathy trend all over the country, not just in Schertz. Council shares Mr. Neller's concern and wishes there were more citizens like him. · Remarked that seven people in space were lost not long ago and not a lot of people flew their flags at half-staff. Of course it's hard to fly a 5' flag at hal£- stafl~ He thought perhaps there should be a way to put black material in the grommet. Robert Brockman 0£4505 Grand Forrest had the following remarks: · Congratulated the Police Department for writing speeding tickets. · Said he likes the exterior lights on the emergency services buildings. · Noted Taco Cabana is sponsoring an event tomorrow night for Project Graduation. 120 Wondered if there's any way to use a police car for riding around with a bullhorn to encourage citizens to vote. Mr. Marquez said they would have to check into it. #3 Discussion of final reading of Ordinance calling General Election for May 3, 2003. Mr. Marquez stated this is standard procedure. Council indicated they were ready for this item to be included on next Tuesday night's agenda. ~ Discussion of bids for Wiederstein Road Project. Mr. Marquez advised Council bids were opened on January 30th and the Public Works Department concurs with Ford Engineering in recommending the bid be awarded to Capital Excavation Company for the Wiederstein Road/FM 3009 Project in the amount of $295,495.75, with a combined bid of $403,960.05, including alternate items for the reconstruction of the road from Schertz Parkway to Forest Ridge. They will have to find another $50,000 and it will be reviewed before the bid is awarded, Mayor Pro-Tern Wilenchik asked why not go back, as done previously, and come in with a bid within the budget. Mr. Marquez answered these are good numbers - the City underestimated. Mayor Pro-Tern Wilenchik then questioned if we have to ascertain we have the funds before awarding the bid. Mr. Marquez explained the alternative is a low-water crossing and the chances of flooding are high. The road has to be reworked anyway. Council agreed they were ready for this item to be included on next Tuesday night's agenda. #5 Discussion of first reading of Health Ordinance. Mr. Marquez pointed out this is a rehash of an ordinance discussed earlier. Waivers may be reviewed on a case-by-case exception basis for Food and Beverage Establishment Permit Fees. They are expecting tack from the 4th of July Jubilee vendors. Mr. Simonson commented the ability to waive is a good idea because we don't intend to discourage vendors. Mayor Pro-Tem Wilenchik then questioned if a permit was needed for the food at the Humane Society fundraiser. He thought they had decided a permit wasn't needed. Mr. Greenwald mentioned the references on page 2 to the Texas Administrative Code and asked if they are still correct. Leonard Truitt, City Inspector, replied they are. Council was ready for this to be included on next Tuesday night's agenda. 121 #6 Discussion of Drainage Utility Ordinances a) Creation of District b) Setting rules Mr. Marquez noted that one of the first things you see are the legal steps. They want City Council to have sufficient time to review the process. Eventually they will set up an enterprise fund. John Bierschwale, Asst. City Manger, mentioned they had set up a process for LUEs (Living Unit Equivalents) and some money figures per LUEs versus residences. Larry Dublin of Ford Engineering explained he had researched in excess of thirty utility district procedures across the State. Si~y percent looked at fees based on impervious covers as you increase rooftops, etc. You're contributing more, so you should pay more for increased run-off. He tried to come up with a fair system that would stand up to the challenge, lie took all factors into consideration from the smallest residences to the multi-family complexes to businesses and industries. It's not 100% fair, but as fair as possible. It will give someone authority to mediate on a case-by-case basis. Mayor Pro-Tern Wilenchik asked if it's based on lot sizes/square footage. Mr. Dublin replied yes, somewhat. Mr. Simonson felt impervious cover makes more sense than LUEs. Mayor Pro-Tem Wilenchik then said, according to the information distributed, the homeowner would pay $1.85 per month whether or not they have a 7,000, 8,000 or 9,000 square foot lot. Mr. Simonson asked if they are going to stress at the public hearings that this is a non- funded federal mandate. Mr. Marquez replied yes they are. Mr. Simonson then added cities are going to have to start dealing with storm water runoff We need to keep people informed. Mr. Dublin commented some cities are already sending out flyers with their water bills. Mayor Pro-Tern Wilenchik asked how we handle undeveloped property. Mr. Dublin replied it is excluded. Mr. Biershcwale added farm and agricultural property would have to be dealt with. There will be protestors. Mr. Marquez noted we have some customers who don't use water and we need to identify them. Mr. Douglas mentioned that a pole barn doesn't fall under Residential and Steve Simonson related it falls under Residential/Agricultural (R/A). 122 Mr. Dublin remarked there is a fourth alternative - one rate for each category. This prompted a discussion about the different alternatives. Mr. Dublin advised the ordinance provides for exceptions. Mr. Greenwald said it looks good, we just need a little tweaking on Residential/Agricultural. Mayor Pro-Tem Wilenchik commented he sees it requires three (3) public hearings. Mr. Marquez agreed it is quite an extensive process. Mayor Pro-Tern Wilenchik then asked what the time frame is for the first public hearing. Mr. Marquez replied Council needs to adopt the Resolution first. It will be on the agenda the next time if Council decides to proceed. Mr. Dublin thought the first public hearing would probably be in April. Mr. Marquez told Council, for their information, this was looked at almost five years ago, but now they are up against a deadline and have to do it Mayor Pro-Tern Wilenchik noted they are coming out with this about the same time as a proposed bond issue. Do they foresee any problems? Mr. Marquez replied the drainage is a totally separate issue. Hopefully, taxes won't rise appreciably from the bond issue. Mr. Simonson inquired what timetable they're looking at for the bond issue and was told, by Mr. Marquez, they're looking at a September timeframe. Mr. Simonson then went on to say we need to get as much publicity out as soon and as often as we can. That is absolutely necessary. Mr. Marquez agreed and then reminded Council drainage was their first priority when discussed at the strategic planning sessions. Mr. Douglas inquired about the drainage situation at Northcliffe and was told by Mr. Bierschwale it is very poor. This fee will be shared equally across the board. Mr. Marquez stated his intent is to have the Resolution on the agenda next week for approval. Council will then set a public hearing date and tweak the Ordinance. The Ordinance will be in the packet every time. If the Resolution passes, they will give the drainage fee ample publicity. Council indicated their readiness for the Resolution to be on next Tuesday night's agenda. #7 Discussion of Quality of Life Bond Issue. Gail Douglas, Community Services Director, reminded Council they have in their packets a memo outlining their plan. She then distributed a copy of a letter that will be mailed to various citizens asking them to participate by being on a Bond Blast Committee. She also distributed a copy of the names of those being sent the letter and said if anyone has further suggestions, please let her know. Ms. Douglas went on to say that at the first forum (tentatively set for March 6th) they would break up into four groups and try and get everyone's thoughts. They want to make sure all age groups are represented. Citizens are going to be asked to determine not only 123 the types of facilities they want, but also the programming they anticipate for all age groups. At the second forum (tentatively scheduled for March 13th) they will put all those thoughts together and vote on priorities. Mr. Marquez will explain the financing details. She encouraged all City employees and Councilmembers to attend the forums. Ms. Douglas then explained that the four (4) main projects are an Activity Center, a Convention Center, a new Library and a Spo~ts Complex. She further stated they had decided that not being all things to all people in one area is a good idea. They will try to do the best they can. Mr. Simonson pointed out that Council needs to back this bond issue 100% or they can just forget it~ Amy Madison, Community Development Director, stressed this bond issue is for our wants, not our needs. The priorities will be determined by the citizens. Mr. Marquez added this process would not be done behind closed doors. They will keep the citizens informed. Ms. Douglas reminded everyone that City employees can only put out information, they cannot promote. Mr. Marquez then mentioned bonding has a life, a time. #8 Discussion of Quality of Life Bond Resolution. Mr. Marquez told City Council they need to promote this bond issue unequivocally. Mr. Greenwald asked him to check with City Attorney, Michael Spain, to make sure Council can promote it. Mr. Marquez agreed to check on it. Ms. Douglas urged everyone to remember this benefits the citizens, not the Staff Council was prepared for this item to be included on next Tuesday night's agenda. #9 Consider and take action setting public hearing date for change to UDC, Article XI, Platting. Mr. Marquez informed Council there have been some significant changes. Details will be provided in an upcoming packet. This is only action on setting a public heating date. Mayor Pro-Tern Wilenchik asked the City Secretary when a good date for the public hearing would be and she answered March 4, 2003. Mr. Simonson moved to set a public hearing date of March 4, 2003 for changes to the UDC, Article XI, Platting. Mr. Greenwald seconded the motion, which carried with the following votes: 124 AYES: Councilmembers Douglas, Simonson and Greenwald. NAYS: None. #10 Discuss "Big Splash" program scheduled February 20, 2003. Mr. Marquez told everyone to contact either John Bierschwale, Amy Madison or Tony Wilson if they want anything added to the "Big Splash" program. Mr. Simonson will do the invocation and Mrs. Madison will be the Master of Ceremonies. We have asked Mayor Stautzenberger of Seguin to attend and also Robin Dwyer, President of the Schertz/Seguin Local Government Corporation. Mayor Baldwin will introduce the Schertz City Council and others. Mr. Greenwald indicated Clay Roming needs to be added to the invitation list. Mr. Bierschwale advised they are flushing right now and will start getting water from the Carrizo in the next few days. When they do the ceremonial opening of the valve, they will shoot water in the air. There will also be fireworks. Mr. Marquez said they've made mugs to hand out to selected dignitaries. Mr. Greenwald suggested mentioning former Councilmember Ray Stanhope (now deceased) because he was influential in getting the ball rolling. #11 Items by City Manager General Announcements Reported GMC Quest LLC has filed bankruptcy. Noted the Trailriders appreciated the turnout from the City. Stated he has the investment report. Commented the timetable for Certificates of Obligation will be in the next packet. Advised a couple of sections of Schertz Parkway are not good and they will go back and redo them They may not finish until June instead of April. #12 Items by City Council General Announcements Councilmember Douglas Remarked he had been appointed, as a citizen, to the Economic Development Commission and would like to serve as the Council liaison to that Commission. Mrs. Madison said she would prepare a letter for such action. Advised he needs a copy of the current Sign Ordinance. 125 Councilmember Greenwald 4-B Board Ex-officio P & Commission Ex-officio S/SLGC Commented he gave everyone a copy of an article on insurance rates. Regarding the Schertz/Seguin Local Government Corporation, stated that Mark Marquez and Robin Dwyer signed a letter. The original SBI only showed 20,000 acre feet when other people were getting this water. There was an article in the newspaper. Mr. Marquez, Mr. Camp and Mr. Klempt are working on the particulars to get 20,000 acre feet without building 17 wells. Also, regarding the Schertz/Seguin Local Government Corporation, Mr. Marquez stated that delays have caused a lack of cash flow and they may have to come to Council for more money. Mr. Marquez went on to say if you look at the ten-year water leases, they could probably sell bonds and buy them flat out for less money. Mayor Pro-Tem Wilenchik commented that's provided they're for sale. Mr. Greenwald said that's true. Some are undecided. Mr. Marquez added you might be able to offer them more money. Councilmember Simonson 4-B Board Liaison BVYA Reported BVYA was so busy with registration they didn't have a meeting this month. #13 Items by Mayor General Announcements Mayor Pro-Tern Wilenchik asked if there's any progress on the traffic signal on FM 3009 at the intersection of Dietz Road and Live Oak Road. Mr. Marquez replied it is being discussed. The school district has no money for it. At this time Council took a short break. #14 EXECUTIVE SESSION: Called under Chapter 551 of the Texas Government Code, Sub-Section 551.72, deliberation regarding real property. An Executive Session was held from 9:00 p.m. until 9:27 p.m. #15 Action, if any, on above Executive Session. No action was required. 126 ~16 ADJOURNMENT There being no further business to discuss, Mayor Pro-Tern Wilenchik adjourned the meeting at 9:28 p.m. Mayor, City of Schertz, Texas ATTEST: City Secretary, City of Schertz, Texas 127