ccwks 04-14-04
COUNCIL – WORKSHOP SESSION
WEDNESDAY, APRIL 14, 2004
The Schertz City Council convened in workshop session on Wednesday, April 14, 2004
at 7:00pm in the Municipal Complex Conference Room, 1400 Schertz Parkway, Schertz,
Texas. The following members were present: Mayor Hal Baldwin presiding,
Councilmembers Carl Douglas, Steve Simonson, Tony Wilenchik and Ken Greenwald.
Absent was Councilmember Agee. Staff members present were City Manager Mark
Marquez and Deputy City Secretary Mary Ybarra.
#1 HEARING OF RESIDENTS
Timothy Sheble,
3917 Brook Hollow Drive passed out documentation regarding
moratorium on property development, and noted document amendments. His presence
this evening is due to Mayor Baldwin’s challenge regarding code references. As a result,
he researched further into what the moratorium was all about, which helped in
understanding what it all meant. His question now is, what is the objective and what is
expected? Rumor has it that there is a plan to condemn all of the lots as referenced in
Code 12, Chapter 374, is this a true fact? If this is the case, he is suggesting other ways to
solve problems, allowing owners to keep their property, and facilitating development.
He went on to say that one way would be to allow “replatting without vacating”, and
referenced Title 7, Chapter 212, and Section 212.014. However, this suggestion may
possibly require an election, but not necessarily if the City acquires property owner
acknowledgement and approval. He believes that if the City would suggest the “replatting
without vacating” issue to property owners, possibly the issue would be taken a bit more
seriously, then coming from an individual. Over the years there have been several
attempts to form homeowners associations, however with no luck.
He also made reference to the exercise of eminent domain powers for the establishment
of improvements to portions of the subdivisions, and spoke of right of way requirements,
and referenced the 5’ utility easement, as nothing more than a standard 5’ setback
established by City ordinance. He mentioned that one stipulation of “replatting without
vacating“ is that no restrictions would change. This means changes would have to occur
after, such as change to square footage and others. He reiterated modifications were
minimal, and acknowledged support for “replatting without vacating” and asked that if
eminent domain powers were implemented, to condemn only those lots that are
necessary.
Lastly, changes were made to the Order of Magnitude Estimation of Tax Revenues. The
City’s total forecasted tax revenue for the next ten years is in the neighborhood of 11
million plus dollars. A detailed spreadsheet with the yearly-appraised value break down
was included for review by Council. At this time, he thanked Council for their time.
Robert Brockman,
4505 Grand Forest had the following comments:
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Commented grass needs cutting across the Library/Schertz Parkway (vacate lot).
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Reported finally locating the Children Advocacy Center on River Street, happens
that the Center is located in Seguin. Grass was cut at location.
#2 APPROVAL OF MINUTES:
Strategic Planning Session March 23, 2004
Councilmember Greenwald moved to approve the minutes of the Strategic Planning
Session of March 23, 2004. Councilmember Douglas seconded the motion, which carried
with the following votes:
AYES: Councilmembers Douglas, Simonson, Wilenchik and Greenwald
NAY: None.
#3 DISCUSSION WITH FINANCIAL ADVISOR
City Manager Marquez explained that after in-depth research of debt model, he believes
the city can complete projects identified as priority at the Strategic Planning Session,
which included such projects as specific street/drainage projects, and construction of ball
fields, etc. In discussion, with Mark McLiney, Financial Advisor he too believes it’s
possible.
Mr. McLiney went on to explain that in charts prepared by the City (City Manager) and
charts prepared by him, the same conclusions were reached. The estimated $7.6 million is
possible (if Council so chooses), because the City debt is falling off every few years. This
will only be possible if the INS does not exceed .10 cents. Charts were done using .10
and .09 cents ($.09 by the City), and after finding out some of the assumptions known by
the City, his dropped to the .09-cent level also. In both instances conservative estimates
were considered on future City development. He believes it can easily be done, if Council
so chooses.
City Manager Marquez explained that projects can be accomplished by use of excess
funds (reserve) as well as continued cash flow from new sources. He gave details and
examples of how Hotel/Motel fund would offset “Civic Center” improvements; 4B to
offset sport facilities; Drainage fund to offset Drainage projects; money from excess INS
fund. Bottom line is that the tax rate does not go above $.09 cents. For the first three
years the rate will stay a along $.09 and then it will start dropping off. As the chart
indicates available funds won’t fully recover to a comfortable level until the fourth year,
stabilizing at or below the .08-cent level. He pointed out that in terms of ability of
carrying the debt without increasing the INS rate substantially, is doable. However, this
isn’t the only thing the City is facing. He wants Council to understand that he can’t
guarantee that he can keep the M&O down.
He went on to say he believes all these projects are essential, and as far as the Church
property goes, is almost a foregone conclusion, with an estimated cost for property and
renovation to approach approximately 4.7 million.
At this time, City Manager Marquez asked Mr. McLiney to explain the difference
between a bid package and negotiated package relative to going out for bonds. Mr.
McLiney explained that within the last year or so the Attorney General has approved a
new way to do “new money sales”.
He explained that in a bid package there is the chance of getting a number of bids (last
bond, City received 11 bids). This way you know the individual firm ended up buying at
market rates. In a negotiated package, the principal can be adjusted and structure the rate
the actual day of sale. The draw back however on competitive sale, is that it has to be
structured a month in advance, and no interest rate change is possible. The draw back on
negotiated sale is that you are relying on two or three firms to sell bonds that day. Both
issues have advantages/disadvantages and at this time, is not ready to make
recommendation, however it gives Council options to consider.
Council reviewed list of projects along with cost estimate of priorities that bond money
would cover. Council agreed that projects covered by the bond should be identified
generically and not so specific. City Manager Marquez asked that Council review list and
possibly recommend others to the list that Council feels are priority.
Councilmember Simonson stated that the items cover approximately 97% of what Focus
Groups (Community Forum) had in mine. The City is only doing what the citizens
wanted, with the exception of the Library.
It was Council consensus to go forth and prepare the Notice of Intention (Resolution) and
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have it ready for consideration and action at the workshop of April 28. Also, Council
will have to make a decision on which option to move on: Bid package or negotiated
package.
#4 DISCUSS FINAL READING OF RECORDS MANAGEMENT
ORDINANCE.
Without further discussion on the matter and no changes to ordinance Council agreed
ordinance would be ready to consider it at next Tuesday nights meeting.
#5 RESOLUTION: Adoption of Resolution regarding a temporary
moratorium on property development in a platted subdivision and other matters in
connection therewith.
Michael Spain, City Attorney explained that in order to move quickly the attached
Resolution would enable a temporary moratorium to go into effective five business days
after the notice of approval, which was last Friday. This enables the temporary
moratorium to be effective while the process continues with the required reading of
Ordinance. Once the final reading takes place then the permanent moratorium is in place.
If for some reason Council chooses not to approve the Ordinance the temporary
moratorium no longer is in effective.
Mayor Baldwin introduced a Resolution and read caption as follows:
RESOLUTION NO. 04-R-04
A RESOLUTION REGARDING A TEMPORARY MORATORIUM ON
PROPERTY DEVELOPMENT IN A PLATTED SUBDIVISION, AND OTHER
MATTERS IN CONNECTION THEREWITH.
Without further comment, Councilmember Simonson moved to approve resolution
regarding a temporary moratorium on property development in a platted subdivision.
Councilmember Wilenchik seconded the motion, which carried with the following votes:
AYES: Councilmembers Douglas, Simonson, Wilenchik and Greenwald
NAY: None.
#6 ORDINANCE: Consider and take action on first reading of Ordinance
adopting a moratorium on property development in a platted subdivision and other
matters in connection therewith.
City Manager Marquez advised that part of the requirement is that Planning and Zoning
hold a Public Hearing on the issue and one was held last evening. There were several
concerned citizens present at the meeting and voiced concern asking what “is the City
going to do”? The City is working on placing a moratorium.
It was pointed out there are no text changes to Ordinance, however changes to Exhibit A
were made, which are significant under State Statute.
Without further comment, Councilmember Greenwald moved to approve the first reading
of Ordinance adopting a moratorium on property development in a platted subdivision.
Councilmember Simonson seconded the motion, which carried with the following votes:
AYES: Councilmembers Douglas, Simonson, Wilenchik and Greenwald.
NAY: None.
#7 RESOLUTION: Adoption of Resolution authorizing the City to enter
into a Interlocal Agreement to coordinate uniform regional flood control, drainage,
and storm water management in Bexar County.
Michael Spain, City Attorney explained that San Antonio, Bexar County and the San
Antonio River Authority started process on County wide planning on drainage and flood
control and established an interlocal agreement. Within the last nine to twelve months
they have started to add other cities within Bexar County to a group that would
participate, coordinate and communicate on flood control and drainage issues. It is his
understanding that every suburban City in Bexar County has signed on, with the
exception of a few cities such as Schertz and other small cities that are signing on in the
month of April.
He went on to say it is intended to be a planning, coordination, and discussion process
involving every City in the County. The committee was so called the Committee of Six
(6), it however has been expanded to The Committee of Seven (7), which the seventh
would a representative of suburban cities. The Mayor of Leon Valley holds a position
currently, however she is stepping down and that position will be open. The position will
soon be filled at next Wednesday meeting by Susan Rash, City Administrator, Alamo
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Heights. The group will be seeking a representative (7) for the suburban cities, and
would like Council to consider sending someone as representative. Again, he reiterated
that the group is only concerned on discussion, coordination, etc., and no City would be
giving up any authority.
Mayor Baldwin believes participation is essential if only to observe and have knowledge
of what is going on.
Mayor Baldwin introduced a Resolution and read caption as follows:
RESOLUTION NO. 04-R-05
A RESOLUTION BY THE CITY OF SCHERTZ, TEXAS, AUTHORIZING
THE CITY TO ENTER INTO AN INTERLOCAL AGREEMENT TO
COORDINATE UNIFORM REGIONAL FLOOD CONTROL, DRAINAGE,
AND STORM WATER MANAGEMENT IN BEXAR COUNTY, AND OTHER
MATTERS IN CONNECTION THEREWITH.
Councilmember Greenwald moved to approve the Resolution authorizing the City to
enter into an interlocal agreement to coordinate uniform regional flood control, drainage,
and storm water management in Bexar County, and other matters in connection
therewith. Councilmember Douglas seconded the motion, which carried with the
following votes:
AYES: Councilmembers Douglas, Simonson, Wilenchik and Greenwald.
NAY: None.
#8 Discussion and possible action on request to sponsor the Samuel Clemens
cheerleaders.
After a brief discussion on the issue it was Council consensus to go ahead and do it.
Being no further discussion, Councilmember Douglas moved to approve the request to
sponsor the Samuel Clemens cheerleaders. Councilmember Greenwald seconded the
motion, which carried with the following votes:
AYES: Councilmembers Douglas, Simonson, Wilenchik and Greenwald.
NAY: None.
#9 Items by City Manager
General Announcement
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Fire Station designs are due by April 30.
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Inquired on renderings covering the design of Church property and asked for
Council direction, was Council comfortable with design or are there any changes
that Council would like to see.
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Commented on Guadalupe County meeting, where a review of EMS bids is being
done. Dudley Wait and Johnny Bierschwale are at the meeting and Mr. Wait will
be presenting a power point presentation.
#10 Items by Council
General Announcements
Councilmember Douglas
Liaison EDC
Liaison-Schertz Library Board
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Inquired on Elbel Road opening. He was advised the road is scheduled to open the
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3 or 4 week in July; the overall project is scheduled for completion by first
September. The road would be drivable.
Councilmember Simonson
4-B Board
Liaison BVYA
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Inquired on green pipes along Schertz Parkway. He was advised the pipes were
for sewer system along Maske Road project.
Councilmember Agee
4-B Board
Liaison Schertz Housing Authority
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Not present.
Councilmember Wilenchik
4-B Board
Liaison Schertz Humane Society
Liaison HOA Coalition
Ex-officio-TSAC
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Commented receiving call from Savannah Square inviting him and some other
representative from the City to June 7 meeting of HOA. City Manager Marquez
advised he would be happy to attend.
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Advised of meeting on Tuesday, relative to Doggy Dash and asked that he would
like to meet Lewis Kruetler to go over the final route. He also, asked Mayor
Baldwin if he would do the opening ceremony.
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Questioned when would the PID project start. He was advised the bids have been
let. Mr. Spain advised having received dedication deeds from HEB, State Bank &
Trust, and Randolph Brook. City Manager Marquez advised he would start
planning a groundbreaking ceremony.
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Inquired if there was any feedback on sidewalk issue from sister city (Cibolo). He
was advised the City of Cibolo didn’t seem to care at all to discuss it.
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Inquired on when would Wal-Mart be breaking ground? He was advised there
isn’t an exact date, however the target opening time is March 2005.
Councilmember Greenwald
4-B Board
Ex-officio P & Z Commission
Ex-officio SSLG Corp.
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Referenced letter written (City of New Braunfels, City Manager) complimenting
Sergeant Mark Bane for outstanding service and professionalism.
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Reported that Planning and Zoning Commission meeting held last evening and
held discussion on 21 unit subdivision in the Northcliffe area, citizens signed up
from the Garden Ridge area and presented tentative plans for construction of
duplex, triplex and fourplex on FM1518. Apparently, these plans have not been
through the process and have not been staffed.
#11 Items byMayor
General Announcements
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Referenced meeting with Jim Wolverton and City staff regarding EMS contract
and asked Mr. Wolverton why he choose not to support Schertz EMS contract. In
response Mr. Wolverton was a bit on the defense, however later acknowledged it
would not happen again.
#12 EXECUTIVE SESSION:
Called under Chapter 551 Texas Government Code,
Sub-Section 551.073 Personnel Matters
City Manager Marquez stated there was no need for executive session the matter has been
resolved. The matter had to do with Ms. Lewinski, and her request to go part time. She
has been moved to Records Management from the Police Department.
#13 Action, if any, on above Executive Session
No action necessary.
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#14
ADJOURNMENT
With no further business, Mayor Hal Baldwin moved to adjourn the meeting at 9: 1 0 p.m.
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of Schertz, Texas
ATTEST:
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