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ccwks 03-31-04 . CITY COUNCIL MINUTES SPECIAL WORKSHOP SESSION 3-31-04 The Schertz City Council convened in Special Workshop Session on Wednesday, March 31, 2004 at 7:00 p.m. in the Municipal Complex Conference Room, 1400 Schertz Parkway, Schertz, Texas. Those present were Mayor Hal. Baldwin, presiding; Councilmembers Carl Douglas, Steve Simonson, Reginna Agee, Tony Wilenchik and Ken Greenwald. Those staff members present were City Manager Mark Marquez and City Secretary Norma Althouse. Mayor Baldwin called the meeting to order and welcomed everyone. #1 HEARING OF RESIDENTS Timothy Sheble of 3917 Brook Hollow Drive said he was not a major player or developer, he just owns a few lots, but would like to speak regarding Item #7. Mayor Baldwin asked him if he would like to wait until that item comes up or go ahead now. Mr. Sheble opted to wait. Robert Brockman of 4505 Grand Forrest mentioned the following: . · There are a lot of cigarette butts on the ground outside the library. · One of the drinking fountains was removed from the playscape area. · The library restrooms are impressive. Mr. Marquez commented the Parks Department did a good job. #2 Discuss fmal reading of Ordinance rezoning 5.9+ acres from Pre-Development (PD) to Residential District (R-6) in Northcliffe area. Mr. Marquez indicated there have been no changes to the Ordinance since the first reading. Council was ready for this item to be included on next Tuesday night's agenda. #3 Discuss fmal reading of CPS Franchise Ordinance. Mr. Marquez advised this was approved on first reading and there has to be 30 days between the first and final reading. Also, all the publication requirements have been met and they are ready to move forward with the final reading at next Tuesday night's meeting. #4 Discuss fIrst reading of Records Management Ordinance. . 257 Mr. Marquez explained that when this was brought before Council previously, it had no caption. A caption has now been added. Council was prepared for this item to be included on next Tuesday night's agenda. . #5 Discussion and possible action on TSAC appointments. Mr. Marquez advised that David Allen has resigned as Chairman and it is recommended Bill Gignac be appointed to replace Mr. Allen as Chairman and that Nina Gerber fill the vacancy left on the Committee by Mr. Gignac Ms. Gerber is the owner of Merlin Automotive. Mr. Wilenchik moved to appoint Bill Gignac as the Chairman of TSAC and Nina Gerber as a member of TSAC. Mr. Simonson seconded the motion, which carried with the following votes: AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald. NAYS: None. #6 Discussion and possible action on mid-year budget. Mr. Marquez related the projected fund balance has increased. Adjustments have been made in several departments. They have added a third person to the Police Department and one person to the Parks Department. There has been a reduction in the Fire Department. They won't hire six additional firemen this fiscal year, but wait until the new building is completed. . Mr. Marquez reminded Council that as far as Worker's Compensation, the City is a reimbursable employer. Mr. Douglas noted that in reviewing the General Fund, he noticed reinspection fees have gone up. Mr. Marquez said that's correct. If they fail the first inspection, the fee goes up. It was also noted that under the City Secretary's budget, $12,000 has to be reappropriated. Mr. Marquez said they had neglected to do that previously. It is an installment payment for the updating of the Code of Ordinances. There was a brief discussion about the Health Inspector's contract and Mr. Marquez pointed out the cost of his contract it is not a true personnel cost. Mr. Douglas mentioned an additional cost in the Street Department and Mr. Marquez explained they had to rent equipment to tear down the Scout Hut. Mr. Marquez then referred to some unexpected annexation costs shown on page 32 and . said he prefers to show them as annexation costs. 258 . There was a brief discussion about $1500 shown in the Water/Sewer Fund for Printing and Binding. It was explained this is for the water bills. Mr. Bierschwale, Asst.City Manager, explained since they got rid of their big machine and are using a different source to print them, they will save approximately $25,000 overall this year. The EMS budget was discussed briefly. Mr. Marquez pointed out they underestimated the amount for maintenance and transport. He also pointed out they don't have enough service to cover the cost for credit cards. Mr. Wilenchik inquired when the audit would be completed. Mr. Marquez replied by April 28th and went on to say the audit has been substantially delayed because of GASB 34. The audit of fund assets is quite a process. Mr. Wilenchik then asked what's driving permits. Mr. Marquez informed him that information was put together by the Inspection Department. Also, regarding Inspection, they have been informed that next year the State is taking over the issuance of plumbing licenses. Mr. Marquez mentioned there are still some disparities in the pay system, which they need to fix. Also, on the last page there is a correction to the debt service. They had some problems with Excel. . Mr. Marquez advised that if Council approves the mid-year budget, they will move forward with the production of a bound document. Mr. Simonson moved to approve the mid-year budget. Mr. Wilenchik seconded the motion, which carried with the following votes: AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald. . NAYS: None. #7 Discussion and possible action on a Resolution by the City Council of the City of Schertz, Texas setting public hearings on the proposed imposition of a moratorium on property development in a platted residential subdivision; approving and authorizing the publication of notices to these matters; and other matters in connection therewith. Mayor Baldwin introduced a Resolution and read the caption as follows: . 259 . RESOLUTION NO. 04-R-02 BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS SETTING PUBLIC HEARINGS ON THE PROPOSED IMPOSITION OF A MORATORIUM ON PROPERTY DEVELOPMENT IN A PLATTED RESIDENTIAL SUBDMSION AND AUTHORIZING THE PUBLICATION OF NOTICES RELATING TO THESE MATTERS; AND OTHER MATTERS IN CONNECTION THEREWITH. Mr. Marquez emphasized they need to solve the Live Oak Hills issue. There is a problem with the way it is platted. He would like to hold off on development in the subdivision until they take a better look at it. Michael Spain, City Attorney, mentioned there is a process by which the City can call a moratorium on development for a maximum of 120 days. The process is not open-ended. You have to have two public hearings and give plenty of time for citizen comments. Mr. Marquez noted there would be further discussion and Mr. Spain pointed out the plat crosses two counties. Mayor Baldwin then asked if we are under a State Law restricting us to only replatting lots in our City. Mr. Spain answered that if they replat the entire Live Oak Hills Subdivision, they would need the consent of everyone involved. They couldn't make any changes in restrictions unless Selma also approved. Mr. Greenwald observed that when the Live Oak Hills Subdivision was platted, Schertz Parkway didn't exist. Mayor Baldwin inquired how many lots there are and was told by Mr. Sheble there are 459 lots in Schertz and 900 lots in the entire subdivision. Mr. Sheble went on to say it's a difficult situation. Mike Smith, address unknown, mentioned that he owned property on Pinto Lane in Schertz and property in Selma. Mr. Simonson pointed out there are approximately 150 lots in the flood plain. Mr. Marquez commented that Selma has water and sewer lines close by and can develop as . they please. 260 . Mayor Baldwin suggested that the visitors this evening who have an interest in this particular item attend both public hearings. Mr. Greenwald moved to approve a Resolution by the City Council of the City of Schertz, Texas setting public hearings on the proposed imposition of a moratorium on property development in a platted residential subdivision; approving and authorizing the publication of notices relating to these matters and other matters in connection therewith. Mr. Wilenchik seconded the motion, which carried with the following votes: AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald. NAYS: None. #8 Discussion regarding the granting of a towing franchise to Roadrunner. Mr. Marquez reminded Council they have a copy of a dmft ordinance in their packets. Mr. Spain has suggested some changes to that copy. . Mrs. Agee asked Mr. Spain if he could redline the changes for them. Mr. Spain replied he could redline the changes and make them a clean copy. Most of the changes just clean things up and are non-substantive. Mr. Marquez told Council to call him if they have any questions. Council indicated they were ready for this item to be included on next Tuesday night's agenda. Council took a short break at this time and then moved to #12, Executive Session. #12 EXECUTIVE SESSION: Called under Chapter 551 Texas Government Code: Sub-Section 551.072 Deliberation regarding real property Sub-Section 551.087 Deliberation regarding Economic Development An Executive Session was held from 8:12 p.m. unti19:20 p.m. #13 Action, if any, on above Executive Session. There was no action required. #9 Items by City Manager General Announcements . · Remarked that in the packet next week, Council would have information on the property and right-of-way of the Boggess tract for a drainage project. They received a $91,212.31 check from FEMA and he credited Steve Simonson for those funds. 261 . Commented they will go out for bids on the fire station this week. . . Advised the Pill contract starts in about a week. . Noted that regarding FEMA, they have finished the CCMA sewer line. . Announced the final sale of the Universal City water tanks is at 2:00 p.m. this Friday and the Mayor's presence is requested. . Reported they are ready to close on the Schertz/Seguin Local Government Corporation project and expect a $2,000,000 check. #10 Items by Council General Announcements Councilmember Douglas Liaison - EDC Liaison - Schertz Library Board . Advised he had reported to the Police Department on Sunday that someone was loading up dirt from that big pile on Live Oak Road. Mr. Marquez emphasized the dirt is not free for anybody. It is supposed to be sold by the contractor. They . need a sign up there. Mr. Douglas said if he sees someone do it again, he would report the person's license number. Councilmember Simonson 4-B Board Liaison - BVY A Mr. Simonson had nothing to report. Councilmember Agee 4-B Board Liaison ~ Schertz Housing Authority Mrs. Agee had nothing to report. Counciimember Wilenchik 4-B Board Liaison - Schertz Humane Society Liaison - HOA Coalition Ex-officio - TSAC . Said he wanted to let James Schindler, Public Information Officer, know there is a . meeting about the race at 7:30 p.m. tomorrow at Denny's. 262 . Councilmember Greenwald 4-B Board Ex-officio - P&Z Commission Ex-officio - S/SLG Corpomtion · Reported that Mayor Baldwin, Carl Douglas and he were at the opening ceremonies for BVY A. They had a good time. Amy Madison, Community Development Director, asked if he had any numbers showing Schertz residents versus others and he promised to get that for her. Johnie McDow made a big spiel about the bond issue. Mrs. Agee asked if we're requiring them. to provide us a certificate of insurance. Mr. Marquez said he would find out. · Stated the audit for the Schertz/Seguin Local Government Corporation has been completed and he hopes to get copies to Council. Wells #7 and #8 are up and running and lines are going to the plant. They need to look at expanding the treatment plant. #11 Items by Mayor General Announcements . · Reminded everyone that tomorrow at 11:30 a.m. is the EMS 3{)th anniversary party. Hopefully they will have a good turnout. Mrs. Agee asked if the City still has a vehicle with SAFES on it and Mr. Marquez replied yes - it is a budgetary problem. Mr. Marquez went on to say rumor has it there might be some picketing at the celebration. If they are not disruptive, let it be. If they are, arrest them on the spot. · Advised they lost Bill Neller recently who was a charter member of the original SAFES organization. Mr. Marquez said he forgot to mention they had representation at the Commissioner's Court meeting yesterday, but nothing happened regarding the EMS contract. He got a call from Commissioner Wolverton who said that was a mistake on the part of the Judge. #14 ADJOURNMENT There being no further business to discuss, Mayor Baldwin adjourned the meeting at 9:30 p.m. . 263 . ATTEST: ~t21:d~.a40J City Secretary, City of Schertz, Texas . . Mayor, City of Schert , as 265