Loading...
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: ?? Commented grass needs cutting across the Library/Schertz Parkway (vacate lot). ?? 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 th 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 th 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 th ?? Fire Station designs are due by April 30. ?? 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. ?? 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 ?? Inquired on Elbel Road opening. He was advised the road is scheduled to open the rdth 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 ?? 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 ?? Not present. Councilmember Wilenchik 4-B Board Liaison Schertz Humane Society Liaison HOA Coalition Ex-officio-TSAC ?? 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. ?? 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. ?? 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. ?? 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. ?? 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. ?? Referenced letter written (City of New Braunfels, City Manager) complimenting Sergeant Mark Bane for outstanding service and professionalism. ?? 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 ?? 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. . #14 ADJOURNMENT With no further business, Mayor Hal Baldwin moved to adjourn the meeting at 9: 1 0 p.m. "" ~----' of Schertz, Texas ATTEST: . . 285