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ccwks 07-14-04 COUNCIL - WORKSHOP SESSION WEDNESDAY, JULY 14,2004 The Schertz City Council convened in workshop session on Wednesday, July 14, 2004 at 7:00 pm 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, 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. #1 HEARING OF RESIDENTS Patricia A Mevers, 309 Wright Ave. brought to Council's attention a recent incident regarding the use of poppers over the 4th July holiday. The use of these poppers resulted in receiving a citation issued by Schertz Fire Inspector. She was informed that fireworks were prohibited in city limits and were unlawful. In her research and talks with city personnel in regard to poppers she was advised that the city ordinance (dated 1981) was vague in its interpretation relative to gunpowder amount and it's legality. She was advised the Fire Marshal would be taking a look at the ordinance, updating it, etc. She stated poppers were purchased at a local store, and was unaware they were illegal. She advised the Fire Inspector of this. However it still resulted in a citation; going before the judge, paying court cost, ($47) and being placed on probation for thirty days. She is before Council not to fight the citation, only to ask the need to update ordinances is essential, suggesting ordinances be made easy to understand and interpret; are made available through the website and possibly publish such matters (issues that are little known) in the Herald and Schertz Tales. The incident caused her much frustration and money and asks that the City take a good look at ordinances for the good of the community and relations with governing officials. At this time, she thanked Council for the opportunity to speak. Ms. Meyers was advised the matter would be checked out and researched. Rov Mendoza. 2705 Cotton King referenced a letter written to the City Manager and response letter dated June 17, 2004 to Will Brown, President the Park at Woodland Oaks HOA, regarding Basketball Court at the Park at Woodland Oaks. The reason he is present, as well as other residents, Mr. Dourzad, Mr. Gordon and Mr. Chavez. They have concern with the response letter received from the City relative to not having physical responsibility. He believes people's lives have been effective by the situation; location is a problem and believes property value is also a factor. He went on to say that in conversations with Ms. Douglas and Inspection Department on the matter he voiced concerns of some of the residents. He believes that property owners that were going to be directly effective with the construction of basketball court were not notified. No one asked them for input. Mayor Baldwin advised the matter would be researched, if further discussion were warranted the item would be placed on a future agenda and notification would go out to those residents that have signed in this evening. Robert Brockman. 4505 Grand Forest brought to Council attention the need for a new clock in Council Chambers; inquired how long someone needed to be a residents of the City in order to service on City Boards, was advised six months, asked if trailer (mobile home) of the recently purchased Church property is to be moved and utilized at EMS/Fire sub-station. Is it the right move? He was advised yes, and would be used as living quarters; one of the warning lights (one) advising train is coming (FM 3009) is not working properly. Wendv Kinkade, 1633 Canyon Oak, reported on BVY A Shelton Division All-Star Team. The team is headed to Houston (Humble 21th) representing Schertz/San Antonio and added that the team is the only team in their age bracket going to the Texas State Champion. They will be holding several raffles throughout the City, raising money for the trip; they hope to raise enough money to pay for everyone's way. Mayor Baldwin asked that the team leaders report back to Council if the team goes on to the National Level. #2 PRESENTATION BY REPRESENTATIVE OF FIT CITY PROGRAM. Donna Dykes, Human Resources Director deferred comment to Vince Gonzales from Community First. He went on to explain that Community First is promoting the Fit City Program and will cover the cost of $10 (annual member fee) per City employee for the first year. Ms. Salmon, Walk San Antonio Coordinator briefly explained that the program helps people become physical active (walking, exercise, etc.). A body fat analysis is done, which determines guidelines for each participate. She handed out pamphlet information on the program explaining everything in detail. She also added that part of the program is giving everyone who participates incentives that helps in reaching goals, etc. City Manager Marquez explained that the decision to go with the program was employee surveys taken during the City Health fair. The numbers of approximately 152 employees were surprising. The program is strictly voluntary, however if numbers show improvement, it benefits the City in terms of fitness among city employees. Again, it was reiterated that for the first year Community First would cover the cost per City employee who participates and hopefully bring these numbers down. It was mentioned that possibly the cost of Council participate could be rolled in as part of employee cost if Council was interested in participating. Council asked that Ms. Dykes report back to Council on employee participation and thanked everyone for the presentation. #3 APPOINTMENTS: CONSIDER AND TAKE ACTION REGARDING APPROINTMENTS TO BOARD OF ADJUSTMENT. Councilmember Simonson moved to approve the reappointment of the Board of Adjustment members for two-year terms. Kathy Hill James C. Harden Joe Potempa Peggy Brown, Alternate Norma Slocum, Alternate Councilmember Douglas seconded the motion, which carried with the following votes: AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald. NAY: None. #4 CONSIDER AND TAKE ACTION RESCHEDULING PUBLIC HEARING DATED FOR AUGUST 3, 2004 ON SPECIFIC USE PERMIT REQUEST FROM COLLEEN CRAIN. City Manager Marquez explained the public hearing had to be rescheduled because of a notification flaw. The permit is for placement of a Beauty Salon behind her residence. Without further discussion, Councilmember Greenwald moved to set public hearing date of August 3, 2004 on specific use permit from Colleen Crain. Councilmember Wilenchik seconded the motion, which carried with the following votes: AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald NAY: None. #5 DISCUSS PUBLIC HEARING (SCHEDULED FOR JULY 20, 2004) REGARDING THE REZONING OF 655.5+ ACRES FROM PREDEVELOPMENT (PD) TO RESIDENTIAL/AGRICULTURAL (RA) IN GUADALUPE AND COMAL COUNTIES: APPLICANT: CITY OF SCHERTZ. City Manager Marquez explained the property is an annexed area located at IH- 35IEckhardt Road. Currently, the area is zoned Pre-Development and the request is to rezone to Residential! Agricultural (RA). Council would be ready to hold public hearing on issue on scheduled date of July 20, 2004. #6 DISCUSSION OF TAX EXEMPTIONS (OVER 65). It was mentioned that petitions are being circulated throughout the City and County. City Manager Marquez stated that as requested he has gathered information relative to over 65 tax freeze. Schertz has 12,726 registered voters and for a successful petition 5% or 636 certified signatures would be needed. As mentioned, City Council has several options: Tax freeze could be passed by ordinance, which is not recommended; wait and do nothing and see if 5% of voters are gathered; the third option, raise the existing 65 exemption from 10,0000 to $20,000. The estimated cost of this option would be $51,981.57 for the first year and change every year after that. He would favor options two or three, although a tax increase would be likely with option three. A brief discussion followed on different options on the over 65 tax freeze, to name a few; the City becoming a haven for over 65 residents; burdening younger residents with taxes; people over 65 are more expensive to maintain, etc. Councilmember Wilenchik stated he doesn't see the rational behind the over 65-tax freeze. It isn't fair, why 65? Why burden younger residents. What do you do with the over 65 that make or have more money. Councilmember Douglas stated he agrees with Councilmember Wilenchik and would support an increase to the homestead exemption. Mayor Baldwin stated he believes the proper action is to wait and see if there is enough interest in the community to get a referendum on the ballot. Lets see where the chips fall. Let it sit. As to the fact that there are actual petitions out there, he doesn't really know. He has been waiting for someone to knock at the door with petition. Mr. George Mower resident of Schertz stated that it has been out of courtesy to the Mayor, that no one has knocked on his door. Petition has circulated throughout his neighborhood. Council consensus was to let the matter sit and wait to see if a petition is received. #7 DISCUSSION REGARDING TAX ABATEMENT AND TAX ABA TEMENT AGREEMENT FOR AND WITH CORRIDOR HOTEL, LTD. City Manager Marquez explained the tax abatement is for Corridor Hotel, Ltd. (Hampton Inn). The City is looking at a 4.26 million dollar capital investment, with the hotel consisting of 98 rooms and 50,000 square foot hotel, located on Corridor Loop. The development has gone through the Economic Development Commission and evaluation done by staff shows the development qualifies for 79% abatement for a period of 10 years. He brought attention to an error in the amount of hotel!motel tax due by developer to reflect 7% instead of 6%. The adjustment would be made. He recommends approval on tax abatement and the other piece of the project creating reinvestment zone. The process requires public hearing and recommends proceeding. Council consensus was to proceed with the matter at next Tuesday night's meeting. #8 CONSIDER AND TAKE ACTION SETTING PUBLIC HEARING DATE OF JULY 20, 2004 FOR CONSIDERATION OF CORRIDOR HOTEL, LTD., REINVESTMENT ZONE. Councilmember Greenwald moved to set public hearing of July 20, 2004 for consideration of Corridor Hotel, Ltd. Reinvestment Zone. Councilmember Wilenchik seconded the motion, which carried with the following votes: AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald NAY: None. #9 DISCUSSION REGARDING TENATATIVE BUDGET SCHEDULE- 2004/2005. City Manager Marquez explained the schedule before Council is the step process associated with preparation; workshop sessions; notice publication, public hearing dates, vote on budge/tax rate ordnance, etc. dealing with budget and tax rate process. It's a good schedule complied by Finance Director, Juan Santoya, Evelyn Boggess. Council voiced no problem with the tentative schedule and recommends proceeding with it. Council asked for a detail report on previous tax abatement given by the City and where they stand. Possibly report would be ready by next workshop session. #10 Items by City Manager General Announcement City of Schertz Development Chart Made reference to items in Council FYI's: . Chart showing the breakdown of acreage type by zoning, provided by Community Development Department. Breakdown shows commerciallindustrial at 31 % of the total acreage of the City, residential 22%; residential!agricultural 34% and other (PD/PUB) 13%. . Advised that Commissioners Court agenda shows item #6 is discussion and possible motion to set date to end contract negotiations with the City of Schertz for Emergency Medical Services. . Advised fees for dispatch services for Cibolo increased from $56,000 to $81,000, and they have been billed. Also, invoice has gone out to school district for $2,500. He added there has been preliminary discussion with Selma City Manager on dispatch service for the City. #11 Items by Council General Announcements Councilmember Douglas Liaison EDC Liaison-Schertz Library Board . Inquired on survey being done by Ford Engineering in area of Hidden GroveIDimrock. Was advised it was part of bond package. . Inquired on status of Elbel Road, is it tentatively scheduled for end of July? Was advised yes. . Inquired on status of lights at entrance sign on Schertz Parkway. Was advised there is a wait for Maldonado to make final connection and would be done before the weeks out. . Inquired on status of SARA board. Was advised there is no word, however a call will be made to see where it stands. . Inquired on property along FM78 between businesses and railroad tracks. The area looks like a jungle. Who is responsible? He was advised it's railroad property. The railroad has been notified, however have heard no response and property is being mowed as of today and railroad will be sent an invoice from the City. . Reported on Chili contest he sat in for Mayor Baldwin on Saturday. Stated it was an interested experience. Councilmember Simonson 4-B Board Liaison BVY A . No comment. Councilmember Agee 4-B Board Liaison Schertz Housing Authority . No Comment. Councilmember Wilenchik 4-B Board Liaison Schertz Humane Society Liaison HOA Coalition Ex-officio- TSAC . Thanked Johnny and Larry (Ford Engineering) relative to drainage issues (out in Dove Meadows) they were out there and have confirmed there are problems along Dietz Road. . Also, a confirmation was given on drainage ditch running behind Dove Meadows is in need of mowing. . Inquired on Comprehensive Land Plan, what is the status. . . Inquired on status of Ordinance(s) update. It has been in the works for 2 Yz years, since the issue was brought up. There is a need to expedite the issue. Councilmember Greenwald 4-B Board Ex-officio P & Z Commission Ex-officio SSLG Corp. Reported on Planning and Zoning Meeting and items discussed: . LED sign and need of guidance from Council. . Hampton Inn Plat . Dollar Store Plat . Bindseil Farms MasterPlan . Property at IH-35/ FM 1103 . IH-35 Frontage One-way Mentioned SSLG meeting scheduled tomorrow 1 :30 in Police Training Room. #12 Items by Mayor General Armouncements . . Asked that further discussion is needed on Basketball court issue and asked that further information is gathered and schedule for next workshop. Notif'y residents attending this evening.. . Garden Ridge Pottery is making a come back. . Made mention of gun law and the use of gun locks. #13 EXECUTIVE SESSION: Called under Chapter 551 Texas Government Code, Sub-Section 551.074 Personnel Matters: Evaluation of Municipal Court Judge and Evaluation of City Secretary. . Executive Session was cancelled. #14 ACTION, if any, on above Executive Session. . None. #15 ADJOURNMENT With no further business, Mayor Baldwin adjourned the meeting at 9:20 p.m. . 396 ( ATTEST: .... , City of Schertz, Texas . . 398