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ccrg 08-03-04 COUNCIL - REGULAR SESSION TUESDAY, AUGUST 3, 2004 The Schertz City Council convened in regular session on Tuesday, August 3, 2004 at 7:00 pm in the Municipal Complex Council Chambers, 1400 Schertz Parkway, Schertz, Texas. The following members were present: Mayor Hal Baldwin presiding, Councilmembers Carl Douglas, Steve Simonson, Reginna Agee, Tony Wilenchik and Ken Greenwald. Staff members present City Manager Mark Marquez and Deputy City Secretary Mary Ybarra. Mayor Baldwin welcomed everyone and called the meeting to order at 7:00 pm, and asked everyone to rise and join him in the Pledge of Allegiance to the Flag. #1 HEARING OF RESIDENTS Ramon Cook. 913 Dimrock commented the following: . Expressed a counterpoint opinion on tax freeze petition. Speaking as an elderly person, (he and spouse), well over the age of tax freeze issue, both highly handicapped with severe medical matters, would like to express that both are totally against the nonsense of a tax freeze. We don't want to see another privileged class established. There are already needs in place for people to take advantage both in State and local level. I believe it's a fad that ought to go away. Speaking as a taxpayer and property holder I believe it's the wrong way for the City to go. Robert Brockman. 4505 Grand Forest had the following comments: . Mentioned that James Schlinder, Public Information Officer did a good job this time around with the Schertz Tales newsletter. He even received it on time. . Inquired on Elbel Road bridge and asked if anyone had received any calls on the matter. Mayor Baldwin commented he had received 4-5 calls from residents. . Advised that grass needs cutting at corner of 18t and Lee streets. . Commented he has been cutting limbs in Woodland Oaks area; have picked up some, however there are more to pickup. He was advised; if limbs are in public right-of-way he needs to call Public Works. Also, was advised to be careful, on the possibility of infringing on private property. #2 PUBLIC HEARING: To receive citizen comments on a request from Collen Crain for a specific use permit to allow operation of a business in a Residential (R-2) District at 505 Winburn. Mayor Baldwin explained the public hearing procedures to be followed and asked for staff input at this time. City Manager Marquez advised that the property owner is requesting specific use permit to place a temporary building at the rear of the property, utilized as a Beauty Salon. Eleven letters were sent out, two (2) letters were received in favor and none opposed. Planning and Zoning held their public hearing on the matter and recommend approval. Ms. Crain would be the only person working in the salon. Business would only be part time. Ms. Crain stated that business would consist of only two to three people a week, giving her the opportunity to care for her children and still run her business. There was no citizen input and at this time Mayor Baldwin closed the public hearing. #3 Consider and take action on above request for Specific Use Permit. With no discussion on the matter, Councilmember Agee moved to approve the request from Collen Crain for a specific use permit to allow operation of a business in a Residential (R-2) District at 505 Winburn. Councilmember Wilenchik seconded the motion, which carried with the following votes: Before a vote was taken Councilmember Greenwald brought to Council attention, and for the record that at Planning and Zoning meeting, one letter was received opposed to the request. It was pointed out that it was at Planning and Zoning Public Hearing, however from letters sent out for City Council Public Hearing, no letters were received opposed. With no further comments, Mayor Baldwin asked for a vote on motion. AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald. NAY: None. City Manager Marquez advised that item #4 would have to be cancelled and closed as well as items #5 and #6. Proper notification was not done in time. #4 PUBLIC HEARING: To receive citizen comments on establishment of a Reinvestment Zone for Tri-County Business Campus LLC. #5 ORDINANCE: Consider and take action on first reading of an Ordinance establishing a Reinvestment Zone for Tri-County Business Campus LLC. #6 ORDINANCE: Consider and take action on first reading of an Ordinance approving a Tax Abatement and Tax Abatement Agreement for and with Tri-County Business Campus LLC. #7 ORDINANCE: Consider and take action on final reading of an Ordinance rezoning 655.5+ acres from Pre-Development to Residential/Agricultural (R-A) in Guadalupe and Comal Counties. Mayor Baldwin introduced an Ordinance and read the caption as follows. ORDINANCE NO. 04-S-22 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE UNIFIED DEVELOPMENT CODE (UDC) ORDINANCE NO. 98-S-28 BY REZONING 655.5+ ACRES OUT OF GUADALUPE AND COMAL COUNTIES AND REFLECTING SUCH CHANGES ON CERTAIN ZONING MAPS IN ACCORDANCE WITH THE SCHERTZ UDC ORDINANCE. There being no discussion, Councilmember Greenwald moved to approve Ordinance amending the Unified Development Code, Ordinance 98-S-28 by rezoning 655.5+ acres out of Guadalupe and Comal Counties. Councilmember Wilenchik seconded the motion, which carried with the following votes: AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald. NAY: None #8 ORDINANCE: Consider and take action on final reading of Ordinance approving Corridor Hotel, Ltd. Reinvestment Zone. City Manager Marquez reported no changes to Ordinance. Mayor Baldwin introduced an Ordinance and read caption as follows: ORDINANCE NO. 04-T-23 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS ESTABLISHING THE CORRIDOR HOTEL, LTD., REINVESTMENT ZONE. There being no discussion, Councilmember Douglas moved to approve the Ordinance establishing the Corridor Hotel, Ltd. Reinvestment Zone. Councilmember Greenwald seconded the motion, which carried with the following votes: AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald. NAY: None #9 ORDINANCE: Consider and take action on final reading of Ordinance approving Tax Abatement and Tax Abatement Agreement for and with Corridor Hotel Ltd. City Manager Marquez reported no changes to Tax Abatement and Tax Abatement Agreement Ordinance. Mayor Baldwin introduced an Ordinance and read the caption as follows: ORDINANCE NO. 04-T-24 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS APPROVING A TAX ABATEMENT AND A TAX ABATEMENT AGREEMENT FOR AND WITH CORRIDOR HOTEL, LTD., A PROPERTY OWNER IN THE CITY OF SCHERTZ. There being no discussion, Councilmember Agee moved to approve the Ordinance approving Tax Abatement and Tax Abatement Agreement for and with Corridor Hotel, Ltd. Councilmember Douglas seconded the motion, which carried with the following vote: AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald NAY: None. #10 Items by City Manager General Announcement . Mentioned that July 20, was due date to select the next Councilmember in line for Mayor Pro-tem. The next in line is Councilmember Simonson. This is usually done at a regular meeting and if Council so desires will set it up for the next regular meeting. Council concurred. . Commented TML Conference is scheduled for October 27-29. Would like to get some feedback on those Councilmembers wanting to attend. Reservations, etc., must be made. Councilmember Wilenchik said he would be attending. . Advised that staff is inquiring on condominiums as opposed to staying at conference hotel. Need to get a sense of Council wishes, stay at condominiums or conference hotel. Also, Council preference on type of dinner, (Wednesday or Friday), staff is looking at possibly a crab boil, etc. . Advised the Attorney General on 30th of July allowed not having a petition to place the tax freeze issue on ballot. Document from City Attorney on the issue is part of Council packet FYI, explaining to some depth and waits Council instruction. . Shared the remodeling plans of Council Chambers design. The plan is intended to give Council a flavor of what is planned, and would like some feedback as well as on the plans of design. Pointed out that after meeting with architect (today), some minor changes have been made. Unless Council has concerns, would continue with schematic plan. . Advised the Moratorium on 13th row property is going to expire August 20, 2004. If there is no objection, plans are to bring it back at Council workshop meeting of August 17,2004 for action. . Commented on receiving phone call from neighboring city (Cibolo) asking if the City would be interested in entering into a fire contract. The numbers have changed substantially from $15,000 to an excess of $100,000 plus. Would be placing the item for discussion at next Council meeting. Mr. Balcar (Cibolo) would be placing the matter up for discussion for their Council also. . Advised of making an official announcement that the City is now in excess of 25,000 in population. TCEQ (Texas Commission of Environmental Quality) numbers were 27,619, (high), 25,287 (low), the number the City would submit would be 26,000. Rules change when numbers reach 25,000 plus, however it isn't official until the next census and some changes won't take affect until then. Nevertheless, it is time to start gearing up. #11 Items by Council General Announcements Mayor Pro- Tem Douglas Liaison EDC Liaison-Schertz Library Board . Commented he agrees with Mr. Cook's comments and advised of public forum scheduled, Thursday night at VFW regarding Tax freeze issue. City Manager Marquez plans to attend and answer questions. On another note, questioned the legality if three (3) members of Council were in attendance. Is it considered a meeting? It was determined there wouldn't be anymore than three members present. Councilmember Simonson 4-B Board Liaison BVY A . No comment. Councilmember Agee 4-B Board Liaison Schertz Housing Authority . Commented on the tax freeze issue; believes sending it out to voters without a petition would save time, trouble and aggravation. . Inquired if it goes to vote, are there enough personnel to cover voting locations; also pre-clearance from the Justice Department is another issue. She was advised issues would be checked out. Councilmember Wilenchik 4-B Board Liaison Schertz Humane Society Liaison HOA Coalition Ex-officio- TSAC . No comment. Councilmember Greenwald 4-B Board Ex-officio P & Z Commission Ex-officio SSLG Corp. . Commented he agrees with Councilmember Agee; send it to the voters, however believes there wouldn't be a problem getting signatures on a petition. #12 Items by Mayor General Announcements . Commented receiving thank you note from Mr. Arnold (first City Manager for Schertz) thanking the City for flowers sent to his wife's servIce. . Mentioned that tree limbs need cutting at both Randolph Blvd and Lindgbergh Ave. Limbs are over hanging. At this time, Council took a short break and would reconvene across the hall, Conference Room for Budget Workshop session. #13 BUDGET WORKSHOP Council reconvened in the Bob Andrews Conference Room at 7:47pm. City Manager Marquez explained the growth (increase) to assessed valuations is attributed to new growth. Because of this, is recommending a decrease in tax rate from the current .3825 to .3760 per hundred. The M&O rate has been cut to .02-cent. Also, several new funds were added. Two are designed to help track bonds, helping track many capital projects that are ongoing. Noted, that at next workshop session, there are plans to provide a time frame for Church property. Also, a Special Event line item to help track City sponsored events, which would help to monitor these events. There has been a personnel change to employee benefit package relative to offering 2 to 1 to retirement program, also merit pay would continue. He added that health insurance only increased 16%, he was predicting more. The budget also includes 6 firemen for new station, and merging of Records Management staff with City Secretary department. In continuing, he added that wet weather over the past few years, has placed some strain on Water fund. Currently, the department is working on an additional elevated water tank to increase storage capacity. Referenced that EMS has stabilized budget. Overall, the City is in good shape. He thanked Juan, Finance Director and Joyce for number crunching, Great job! Mayor Baldwin inquired on employee benefits (Health Insurance) and noted he was surprised at the cost to insure family members. How can many of City employees afford to insure their families? He was advised that insurance costs decreased this year, however insurance is costly and much more if insured independently. Employees have an option whether to insure family members or not. . CounciImember Wilenchik excused himself; and said he had to leave (8:15 p.m.) and would not finish the budget discussion. Thus, stated that the budget is clearly laid out, is a good budget and has no problem with it. At this time, City Manager Marquez explained the rise in sales tax revenues. There were increases in Pool operations, Platting and Site Plan fees (Planning & Zoning Department), and increases in building fees from Inspection Department. He also, gave a quick review of! & S fund and debt service numbers. In brief discussion, Council agreed there was no need to cover budget department by department. Council feels comfortable with budge presentation. However, they would like an organizational chart of staffing of each department. They asked that new positions be highlighted. Council stated the budget presented is a clean budget and believes that not many more meeting are needed (possibly one more workshop). Council was advised information (organizational chart and authorization table) would be provided at next meeting. Mayor Baldwin asked that Council take a good look at budget and provide information that possibly needs to be implemented into the budget and be prepared to discuss at next budget session. He also would like to look at the City's five-year plan, such as drainage, recreational, etc. The City established priorities on funding; where does the City stand. He was advised the information would be provided at next meeting. . #14 ADJOURNMENT There being no further business, Mayor Baldwin adjo /' / Mayor, City of Schertz, Texas ATTEST: D~~ty~~ City of Schertz, Texas . 418