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ccwks 07-28-04 . CITY COUNCIL MINUTES SPECIAL WORKSHOP SESSION JULY 281 2004 The Schertz City Council convened in Special Workshop Session on Wednesday, July 28, 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, Tony Wilenchik and Ken Greenwald. Absent: Councilmember Reginna Agee. Staff members present were City Manager Mark Marquez and Records Management Officer Evelyn Boggess, sitting in for City Secretary Norma Althouse. #1 HEARING OF RESIDENTS Robert Brockman of 4505 Grand Forrest mentioned the following: . · During World War II they took down the street signs in England and you didn't know where you were. The reason he said that is because at Schertz Parkway and Savannah Drive, he can't tell it's Schertz Parkway. It's getting near school time and he'd like to see a sign up there. Also, if the City put up a little sign that says to IH-35 it would be very helpful. Of course he'd also like to see a traffic signal at Schertz Parkway and Wiederstein. · Questioned if they're looking down the line at City property 20 years from now. He's looking for a new library. Mayor Baldwin asked him if he had seen the Master Plan for the new park because that has an area designated for a new library. Mr. Brockman mentioned there's three acres for sale down in the area where it is now and he'd sure like to see it in the same area. #2 Discuss final reading of Ordinance rezoning 655.5+ acres from Predevelopment (PD) to Residential/Agricultural (RIA) in Guadalupe and Comal Counties. . Mr. Marquez stated there have been no changes since the first reading. Council agreed they were prepared for the final reading to be included on next week's agenda. 400 #3 Discuss fmal reading of Ordinance approving Corridor Hotel Ltd. Reinvestment Zone. . Mr. Westerman was present and spoke briefly about the Hampton Hotel. It will have 98 rooms, 32 of which are suites. It will also have a meeting room, which will seat 40 people. There are also plans for a nice restaurant next to the hotel. Exactly which restaurant has not been confirmed yet. Amy Madison, Community Development. Director, added that the hotel would offer a hot Continental Breakfast menu. Council indicated they were ready for this item to be on: next week's agenda. #4 Discuss final reading of Ordinance regarding Tax Abatement Agreement for and with Corridor Hotel Ltd. Mr. Marquez advised there have been no significant changes to the Ordinance since the first reading. They added the provisions whereby the company agrees to comply with the regulations of our Hotel/Motel Tax Ordinance. . Council indicated their readiness for this item to be included on next week's agenda. #5 Discuss public hearing (scheduled for for August 3, 2004) on a request from Colleen Crain for a Specific Use Permit to allow operation of a business in a Residential (R-2) District at 505 Winburn Ave. Mr. Marquez advised this is the public hearing they had to reschedule because there was an error in the notification process. This lady wants to put a hair salon behind the residence. Planning. and Zoning recommends approval. Council was ready to move forward with the public hearing on this item. #6 Discussion regarding the Park at Woodland Oaks. Mr. Marquez advised Council they have before them the plat of the area and the schematic of the basketball court, drainage and setbacks. Mayor . 401 I !. Baldwin commented it backs right up to two properties. Three residents from the area were present - Mr. Mendoza, Mr. Pourzadi and Mr. Gordon. Mayor Baldwin commented there's not a lot of room for the court any place else unless some of the trees are removed. The only alternative might be a sound attenuation wall, which is very expensive. Mayor Baldwin said he had commented at the previous meeting that Schertz is woefully short of entertainment for kids in this community. This location may not be the best choice for a basketball court, but it certairuy is an attempt to give them some place to go. The residents from the area felt they should have been notified by the City that the basketball court was going in there. The other Homeowners's Association did not talk to them either about donating $5000 toward this project. Mayor Baldwin wasn't sure the City is bound by law to notifiy property owners if they are going to locate a basketball court in a park that the City owns. . . Mr. Mendoza commented they are complaining because of the noise, not because it's a basketball court. The noise is a nuisance. Mr. Greenwald asked if they are saying every park the City puts up is a nuisance. Mr. Mendoza replied no, but they haven't seen any other park, that has a basketball court, located right behind residences. Mr. Greenwald pointed out that Pickrell Park is a very large park located right across the street from housing on Oak Street. Mr. Mendoza stressed they are closer than across the street. Mayor Baldwin admitted it might have been a nice courtesy on the part of the City to notify the property owners, but probably everyone involved with the idea of a basketball court thought it was a good idea to put it in for the kids. Mr. Wilenchik commented he could empathize with the residents, but he doesn't know what they can do about it. Mayor Baldwin said they could agree it's a bad location and it's a nuisance, and the City ought to plan to just dig it up, but he doesn't know if Council . would also agree. 402 Mr. Mendoza suggested they just dig up the two basketball goals. Mr. . Douglas said then it becomes a skating area. Mr. Mendoza felt they could deal with that. Mr. Douglas went on to say Woodland Oaks has its own park that has a swimming pool and tennis courts and buts up against residential. . Let's make the assumption that's not a City park, but a homeowners's park and the Board of Directors decides to put up a basketball court. Mr. Mendoza claimed they don't do it that way. They ask all the neighbors if it's all right with them. Mr. Marquez disagreed, saying they are not obliged to do that. Mr. Douglas emphasized the Board of Directors puts in what the majority of residents agree is a good idea. Mr. Mendoza still maintained they wouldn't put it in ifthere were objections. Mr. Douglas went on to say that even though the City has thirteen parks, what most new residents to the City are requesting for their children are basketball courts and skateboarding areas. He doesn't see anywhere else that the basketball court could have been located. The idea was tossed around about removing the slab and relocating it. Mr. Douglas asked if they should notify the homeowners that they are contemplating removing the slab and reinstalling it somewhere else and out . of the budget it will cost $20,000 to do that. The question was asked what it would cost the City if this issue were taken through the legal process. The Mayor answered probably more than taking up the slab and relocating it somewhere else. Mr. Pourzadi offered to write a check for $5,000. Mr. Simonson suggested gathering all the factual information they need and bringing it back to the next workshop for further discussion. Council agreed. Mayor Baldwin informed everyone present the next workshop would be August 11 th #7 Discussion regarding Arroyo sign on FM 3009. Mr. Douglas had distributed Ordinance 02-S-02 to Council. It was approved in February of 2002. He stated that the Arroyo sign is an off- premise sign, which in keeping with the current Ordinance makes it prohibitive. Let's make an assumption it was an approved sign. The current Ordinance says the permit number and date of approval shall be permanently . affixed to the sign. That's not on the sign. This sign was put up under the 403 . provisions of the UDC, Ordinance No. 96-S-28. Since it does not have the permit number and the date of approval affixed, it makes it a prohibited sign. It's a non-conforming sign according to paragraph 8.13 because it is not in compliance and it should be removed. He realizes this sign has a lot of history. In paragraph 8.14 it says all signs not covered by this Code shall become non-conforming signs six months after the adoption of this Code. In paragraph 8.16 it says the Building Official shall maintain a list of signs authorized with permits and a list of those in non-conformance. . Mr. Douglas went on to say the Sign Board does not have to rule on this sign because it was in non-conformance from the time it was put up. Mr. Simonson disagreed, saying it was approved by Planning and Zoning originally as a special provision for Thistle Creek Subdivision in the late 1980's. They came to Planning and Zoning and requested they be allowed to put an-off-premise sign up for a business outside the City limits of Schertz. After discussion, Planning and Zoning approved the request. Mr. Simonson told Mr. Douglas where he is correct is that Planning and Zoning always put in a provision that they had to give their approval before any change to that. sign could be made. After Thistle Creek came Dove Meadows, which was approved. The City should be able to pull up the records on that sign. Mr. Douglas asked if that sign were to say Persimmon Apartments, would it be considered an on-premise sign. He was told that's correct. He then said it was switched over to Arroyo and it became an off-premise sign and there is no approval for that. Mr. Simonson agreed and said, to the best of his recollection, when the Arroyo sign went up, they sent a letter to the property owner asking them to remove it and they replied they were making money. by having it there, it had been there for a while, so tough, sue them. The City did not move forward with enforcing the law at that time. Mr. Marquez wondered that if by doing so, they have produced a constructive waiver. City Attorney, Michael Spain, did not think that was necessarily so. Just because you choose not to enforce a right at a particular time, does not necessarily mean you waiver a chance to enforce it. If you choose to take it to court, the owner does not have to prove it's legal, the City has to prove it's illegal. The City needs to make sure there's nothing in the records that gave them permission to change the sign. . Mr. Douglas mentioned that about a year ago, there was an additional sign . on there that said the menu had changed. After someone from the Inspection 404 Department talked with them, the additional sign came down. David . Richmond, Planning and Zoning Commission Chairman, pointed out that was because it was a sign on a sign and they challenged that. Mr. Douglas stressed, once again, it is an illegal sign and something should be done about it. Mr. Simonson suggested sending them a letter saying the current sign is illegal, change it back to Persimmon Apartments, or take it down. Depending on their reaction, we can go from there. Mr. Marquez added we should go ahead and research the records on the sign so we have back-up support for the history of it. Mr. Richmond said Planning and Zoning has preached for years for consistent enforcement. Mr. Wilenchik asked if there's a perception out there that once a sign is approved it becomes. part of the physical landscape, and you can put anything on there you want. It was felt that perception is probably out there. Mrs. Madison said she feels we really need a Sign Board. Mr. Marquez was not sure a Sign Board is the solution. Part of the solution is a revised Sign Ordinance. It is fundamentally flawed in a couple of places. Mr. Greenwald emphasized we also need to enforce it. This prompted discussion about . taking signs down such as Riedel's. #8 Tax Abatement Review Mayor Baldwin stated this report is exactly what he wanted. He wanted to know how many abatements we have approved, for how long did we approve them, and when do the abatements expire. Mr. Marquez added that something he's proud of is on the report is that of all the businesses they've given abatements, only one has gone away. That was Victory Packaging. Mr. Marquez mentioned this program has worked well and they plan to continue with it. He hopes Council is comfortable with the process. Mrs. Madison said one thing she would like to alter is having to start the whole process over when there's oruy a name change. Mr. Marquez stressed they have to provide copies to several agencies and they need some vehicle by which to do that. Mr. Douglas thought there should be some way to build . flexibility into the ordinance. 405 . #9 Discuss status of Schertz/Seguin Local Government Corporation. Mr. Marquez pointed out Council has a letter from Jack Hamlett, City Manager of Seguin and Treasurer of the Corporation that deals with the need to alter how we describe our water rate because of a glitch that may appear in our leases. Ifwe charge someone else different than we charge ourselves, they are supposed to get a percentage of the difference. The Board has already approved the rate numbers. We're trying to satisfy ourselves that if we have to do this, we do it differently. They don't want their rate-payers to think anyone is getting water at a lower rate than what they're paying. The Board felt like they had to take the action they did given the briefing they had that the Board would be liable for additional monies to the lessees. if we didn't do that. Now we're going to go back and double check and make sure we really needed to do that. . Council has the Corporation's projected budget revenues and expenditures for FY 2004/2005. Council also has an indication of Capital equipment expenditures that may be needed by the Board. Council also has the actual total budget request for FY 2004/2005. Also included is the grand total of the M&O Operations. They are adding an additional operator this year for the wells. Mr. Marquez went on to say the plant is running fine. They had an ongoing issue with the well casings. They replaced four of them already. There was discussion about going back to the engineering firm that designed the casing and recouping some of the cost. Mayor Baldwin asked how the problem is with a micro-organism that was developing in the pipes and was told the problem has been solved. Mr. Greenwald said one of the things possible is a washwater conveyance channel and the possibility of putting in a dam to create a lake. . Mr. Marquez felt he and Mr. Greenwald should keep Council better informed about the Corporation. Due to all the competition out there, we feel the Corporation should gather as much property as they can, and get as many well permits as they can as quickly as they can whether we drill for operations or not. 406 . Other points of interest were mentioned in the report given to Council. #10 Consider and take action setting a public hearing date of August 3, 2004 for establishment of a Reinvestment Zone for Tri~County Business Campus (Schertz) LLC. Mr. Greenwald moved to set a public hearing date of August 3, 2004 for establishment of a Reinvestment Zone for Tri-County Business Campus (Schertz) LLC. Mr. Simonson seconded the motion, which carried with the following votes: AYES: Councilmembers Douglas, Simonson, Wilenchik and Greenwald. NAYS: None. . #11 Discuss the following regarding Tri-County Campus (Schertz) LLC: (a) First reading of Ordinance establishing Tri-County Campus . (Schertz) LLC, and (b) First reading of Ordinance approving a Tax Abtement and Tax Abstement Agreement for and with Tri-County Campus (Schertz) LLC. Council had copies in their packets of both ordinances and agreed they were ready to take action on these following the public hearing on August 3, 2004. Mayor Baldwin now moved to #15 on the Agenda as follows: #15 Executive Session: Called under Chapter 551, Texas Government Code, Sub-Section 551.071 - Consultation with Attorney regarding Pending Litigation. An Executive Session was held from 9:30 p.m. until 10:00 p.m. #16 Action, if any, on above Executive Session. No action was required. . 407 . Mayor Baldwin then returned to Item #12 on the agenda. #12 Items by City Manager General Announcements . Made some brief remarks on the proposed tax rate. . Noted the Guadalupe County Commissioners approved the EMS contract. . Stated things are moving forward on Wiederstein Road. . Remarked tree mitigation does not apply to a public right-of-way. Letters will be going out to contractors. #13 Items by Council General Announcements . Mayor Pro- Tem Douglas Liaison - EDC Liaison - Schertz Library Board . Reported that on Woodland Oaks Blvd. there is a tree branch hanging too low. . Inquired about the status of the Church Property. Mr. Marquez advised the contracts were signed last week. . Questioned if a subdivision is going in on Live Oak Road. He was told one is proposed. . Asked if Elbel Road would be open by the time school starts. He was advised two lanes would be open by the start of school. . 408 Councilmember Simonson 4-B Board Liaison - BVY A . · Commented about the landscaping at Merlin's Automotive and said the City has a program whereby they will match funds for landscaping up to $500. He wondered if Merlin's Automotive was aware ofthat. · Mentioned there is still controversy over the parking lot next to Burch Roofing. Councilmember Agee 4-B Board Liaison - Schertz Housing Authority Mrs. Agee was absent Councilmember Wilenchik 4- B Board Liaison - Schertz Humane Society Liaison - HOA Coalition Ex-officio -TSAC . · Reported on the Hunane Society meeting held last night and said Animal Shelter donations were discussed, and the budget was discussed as far as the Spay and Neuter Fund, the donations for the food budget and projected donations for food. Councilmemher Greenwald 4-B Board Ex-officio -1>& Z Commission Ex-officio- S/SLGC · Commented Planning and Zoning met last night and discussed the following: The remodeling at the Diamond Shamrock on FM 3009 and IH-35 Lights in the City parking lot Resignation of Joyce Briscoe - they are advertising for her position . 409 . #14 Items by Mayor General Comments Mayor Baldwin had nothing to report. #17 A:,DJOURNMENT There being no further business to discuss, Mayor aldwin adjourned the meeting at 10:11 p.m. / ATTEST: . ~~ City Secretary, City of Schertz, Texas . 410