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ccwks 08-11-04 . CITY COUNCIL MINUTES SPECIAL WORKSHOP SESSION AUGUST 11,2004 The Schertz City Council convened in Special Workshop Session on Wednesday, August 11, 2004 at 7:00 p.m. in the Municipal Complex Conference Room, 1400 Schertz Parkway, Schertz, Texas. Those present were as follows: Mayor Hal Baldwin, presiding; Councilmembers Carl Douglas, Steve Simonson, Reginna Agee, Tony Wilenchik and Ken Greenwald. Staff members present were City Manager Mark Marquez and City Secretary Norma Althouse. #1 HEARING OF RESIDENTS George Mower of 501 Brooks signed up to speak, but when asked to speak, informed the Mayor he was just there to observe. Robert Brockman of 4505 Grand Forrest mentioned the following: . A)The City needs to do something about Main Street. Several other cities have a Community Council representing the needs and desires of their main street areas. B) There is a piece of sidewalk missing over by Dobie school and Council should be concerned. C) Inquired if the street sweeper goes up to Wiederstein Road. Mr. Marquez promised to check on it. D) Inquired ifthere's going to be a ribbon cutting ceremony for Elber! Road. John Bierschwale, Asst. City Manager, mentioned that the road will be totally completed tomorrow and will open on Friday afternoon. E) The City of Seguin has a complete copy of elected officials and their phone numbers. . #2 Discussion and possible action calling for an election on the Tax Freeze. 420 City Attorney, Michael Spain, explained that Mr. Marquez had contacted . him about putting a tax freeze proposition on the November 2, 2004 ballot. There is a problem in that the Federal Voting Act requires preclearance of 60 days, which means the City would have to have it by October 15th. It has to be held on a uniform election day and the next available date after November would be the first Saturday in February. After a brief discussion on a possible extension to the 60 day preclearance requirement, Mr. Spain informed Council if they are not precleared, they could face a possible law suit. Mayor Baldwin suggested that if they can't hold the election, perhaps they should consider increasing the exemption in lieu of a freeze. Would City Council be amenable to that? Some felt that should be a last ditch effort. Others felt it might be worth looking into. Mayor Baldwin inquired if they have an Ordinance ready and Mr. Spain advised that if Council decides to move forward with the November 2nd election, he would prepare an Ordinance for approval on August 17th. Mayor Baldwin suggested a special meeting be called for Sunday August 15th. Council agreed and asked that they be notified for sure about the . Sunday meeting. #3 Consider and take action setting public hearing date of August 17, 2004 for establishment of a Reinvestment Zone for Tri-County Business Campus (Schertz) LLC. Mr. Greenwald moved to approve August 27, 2004 as the public date 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, Agee, Wilenchik and Greenwald. NAYS: None. #4 Discuss final reading of Ordinance establishing Tri-Couty Business Campus (Schertz) LLC Reinvestment Zone. . 421 . Mr. Marquez stated that nothing has changed since the first reading of the Ordinance. Council has the information in their packets. They need to create a reinvestment zone before they can issue a tax abatement. After a brief discussion about the pros and cons of tax abatement, Council agreed they were ready for this item to be included on next Tuesday night's agenda. #5 Discuss first reading of Ordinance approving Tax Abatement and Tax Abatement Agreement with Tri-County Business Campus (Schertz) LLC. Mayor Baldwin commented tax abatements do make a difference. Mr. Marquez agreed and said you do not give up the farm when you give a tax abatement. Council indicated their readiness for this item to be included on next Tuesdays night's agenda. . #6 Discussion of moratorium on property development in a platted subdivision. (Resolution No. 04-R-04) Mr. Marquez advised the moratorium will expire shortly (8-20-04) and he will put it on a future agenda for further discussion. Mr. Simonson inquired about how long could they reinstitute it for and Mr. Spain replied for an additional 120 days and then again as long as they're working on a solution. Mr/ Marquez emphasized that a legislative session is the only way to solve the problem. #7 Discuss public hearing scheduled for August 17,2004 on a request from RFW, Inc. for a Specific Use Permit for Nell Deane Subdivision Block 3, Lot 7, to allow an office warehouse facility in the Air Installation Compatible Use Zone (AICUZ). . Mr. Marquez advised that Planning and Zoning held their public hearing last night and the request passed. Council was prepared for this item to be included on next Tuesday night's agenda. 422 #8 Discuss public hearing scheduled for August 17, 2004 on a request . from Hardy & Company, Inc. for rezoning of 11.867 acres from General Business (GB) to Residential 5 (R-5). Property is located in the northwest quadrant of Schertz Parkway and Live Oak Road. Mr. Greenwald mentioned that Mr. Marquez and Amy Madison, Community Development Director, have a meeting set about redoing Maske Road and getting everyone to work together. Mayor Baldwin asked what Mr. Hardy's reaction was to this and was told he was okay with it. Council was ready for this item to be included on next Tuesday night's agenda. #9 Discussion regarding fire contract with City of Cibolo. Mr. Marquez related he had received a call from Chuck Balcar, City Manager of Cibolo, who told him they couldn't come close to our numbers. Mr. Marquez went on to say he's not sure we want to do this. It's time for Cibolo to step up to the plate. After further discussion about key rates, pipes and storage to support a big fire, the consensus of Council was not to go with this contract. . Mr. Wilenchik asked what happens the firs time they have a fire and ask for our help. Mr. Marquez replied we would respond. #10 Discussion regarding number of City of Schertz inhabitants. Mr. Marquez indicated it is time to declare ourselves over 25,000 in population. The number he came up with is 26,453. Mr. Spain added that would double the City's ETJ. Mr. Marquez told City Council to check their next packets for further information. A Resolution will be on next Tuesday's agenda. #11 Discussion regarding church property time frame. Mr. Marquez remarked that they were hoping to have the work schedule from the architect, but they don't have it yet. Mayor Baldwin asked if they could have a set of drawings for the Council Chambers- he would like to see the final plans before they are put out to bid. . . 423 . #12 Discussion regarding park at Woodland Oaks. Mr. Marquez noted that Council had asked for some cost information and it is included in their packets. The figures are as follows: To take down the goals and cover the existing slab (similar to the one at the pool) would be approximately $86,000. To remove the basketball court altogether, approximately $4500; and, To put up a noise abatement wall would be approximately $25,000. Mr. Douglas noted it would cost $250,000 to build a swimming pool. Mayor Baldwin emphasized they are trying to do their best to please everyone up there. Mr. Marquez added they are obliged to talk with the Homeowners Associations. . Mrs. Agee said she is concerned about the wall and vandalism to houses in the area. Mr. Douglas asked if a fence would prevent what's happening there now. Gail Douglas, Community Services Director, reminded Council they have a signed agreement with them and she doesn't want to get into a breach of cotract. Mr. Marquez reminded Council they have two Homeowners Association groups to satisfy. Mayor Baldwin mentioned he doesn't know where it could have been located any better. Mrs. Agee asked what happens if we put up a wall and they're still not satisfied. Mr. Wilenchik commented it's unfortunate we didn't contact these families nearest the park. It's being used and that's the problem. Recreational facilities are for people in Schertz. Council is trying to be unconvinced by four people, but we provide services to a lot more people than that. We need to decide if we should compensate four families for action that was unfortunate but not illegal. . Mr. Douglas asked what we do if this doesn't solve the noise problem. Mr. Wilenchik pointed out there's no reasonable alternative. Mayor Baldwin said he sees two options- leave it alone or build a wall. 424 . A gentleman in the audience said he doesn't think a wall will do it. What would it cost to defend the position legally? A lady in the audience said shehas young children and the hours people spend in the park are late and noisy (the cops have already been called) and there's vulgarity. Mayor Baldwin explained they can't make a decision tonight. It will be on next week's agenda. Mrs. Agee wondered what happens if we take out the basketball hoops and put in soccer goals. Mr. Wilenchik observed that if noise is the problem, then the wall will solve it. However, if noise is not the problem, then the problem may be that people are coming to the park from outside the area. Mr. Simonson said we need to find out exactly what the residents want and Mrs. Agee added we need an alternative. Mayor Baldwin advised anyone present who wants to come back next week . and speak on the subject, to sign up under Hearing of Residents. #13 Discussion regarding annexation. Mr. Marquez mentioned they had talked about this earlier and now is the time to get started so they aren't pressed for time. The process should finish up by December 21 st. He then pointed out the areas on the map that they plan to annex. The consensus of Council was to move forward with the annexation process. #14 Items by City Manager General Announcements Council meeting of October 27,2004 Stated he will bring it up for action later, but that is the starting day of the TML Conference and we will have to cancel the meeting. Noted August 25th is the additional date for discussion about the budget, if necessary. . 425 . Advised that $250,000 of the reserves will be used for the new fire station. Mr. Greenwald stressed we need to make sure we have enough land for the future. Mr. Simonson indicated we are land poor and Mr. Marquez disagreed with that statement. Mrs. Agee said that reminds her she is till waiting for that list that was promised to her of the land the City owns. #15 Items by Council General Announcements Mayor Pro-Tern Douglas Liaison - EDC Liaison- Schertz Library Board Remarked the changing of the Mayor Pro-Tern should be on schedule for next week. Announced today is his birthday and everyone congratulated him. . Councilmember Simonson 4-B Board Liaison- BVY A Mr. Simonson had nothing to report. Councilmember Agee 4-B Board Liaison -Schertz Housing Authority Reported that two of the schools were broken into in the past two weeks. Councilmember Wilenchik 4-B Board Liaison- Schertz Humane Society Liaison- HOA Coalition Ex-officio- TSAC Mr. Wilenchik had nothing to report. . 426 Councilmember Greenwald 4-B Board Ex-officio- P&Z Commission Ex-officio- S/SLGC . Mentioned receiving an invitation to the Regional meeting. Stated Planning & Zoning received the Baptist Medical plat. They will be located in front of Forest Ridge by the State bank. They can expand, if necessary. Advised there's a meeting next Tuesday for the possible re-routing of Maske Road. Malford and Rose Ackerman want to make sure they are invited. #16' Items by Mayor General Announcements Reminded everyone they had talked about changing the Personnel Manuel regarding employees talking to City Council. . #17 BUDGET WORKSHOP Mr. Marquez advised Council they should have gotten the changes. Among those changes are the following: Police Department- new Captain's position Assistant Fire Marshal- Grade 30 Lieutenant position in Fire Department Assistant Facilities Manager- Frank Leos - Grade 18 Human Resources Director - Grade 40 Administrative Specialist - Grade 15 Mrs. Agee asked where the pay table is and was told by Mr. Marquez in last . year's budget book. 427 A ~\\ . Mayor Baldwin verified the City has four full-time drainage and right-of- way maintenance employees and we have lots of drainage areas to maintain. Mr. Greenwald thanked Sam Willoughby for correcting the drainage problem on Gettysburg. Mr. Marquez added we have drainage people that can be interchanged. Mrs. Agee asked who's responsible for cleaning Cibolo Creek. Mr. Bierschwale, Asst. City Manager, replied the individual property owners are responsible. Mrs. Agee asked how much it would cost for COLA. Mr. Marquez replied they're not doing that this year, just evaluations. Mr. Simonson inquired if the park plans are just for existing parks and was told by Mr. Marquez that's correct. #18 ADJOURNMENT . There being no further business to discuss, Mayor Baldwin adjourned the meeting at 10:13 p.m. ATTEST: ~~ City Secretary, City of Schertz, Texas . 428