ccwks 10-15-03
Council- Workshop Session
Wednesday, October 15, 2003
The Schertz City Council convened in workshop session on Wednesday, October
15, 2003 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, Reginna
Agee, Tony Wilenchik and Ken Greenwald. Staff members present were City
Manager Mark Marquez and Deputy City Secretary Mary Ybarra.
At this time, Mayor Baldwin called the meeting to order at 7:00 p.m.
Mayor Baldwin explained that due to a very important executive session and
two attorneys' standing by he would like to address those agenda items that
have representatives present first. Council certainly will hear anyone that is
present for an agenda item.
#1
Recognition regarding SCUC ISD
Hall of Honor.
Mayor Baldwin reported that both Officer Lewis Kreutler and Judge Stacey
Padgett have been recognized and would be added to the Schertz Cibolo-
Universal City Independent School District Hall of Honor. This is a very prestige
honor; Officer Kreutler and Judge Padgett will be recognized as graduates of
Samuel Clemens High School.
City Manager Marquez stated it's a very prestige honor not given to everyone.
For the City of have two employees as inductee's is an honor in it's self. He is
very proud to have both as employees'; it recognizes their achievements over the
years. Mayor Baldwin also stated he was very proud of both Officer Kruetler and
Judge Padgett. He went on to say, recognition would be taking place on Friday,
October 17, 2003 at Buffalo Stadium. He would be present to cheer on their
behalf.
Both Officer Kruetler and Judge Stacey Padgett were present and thank Council
for their kind words and support.
At this time, City Manager Marquez stated he would like to take time to
congratulate Ms. Amy Madison. Ms. Madison has completed her third year at
the Oklahoma University jEconomic Development Institute (EDI). It's an
important accomplishment and the next step will be final certification.
He went on to say, that Ms. Madison was also selected out of 300 members to sit
on EDI Board for the next year. This in it's self is a big accomplishment. The
selection process entailed a review of application and a very intense interview
with the Board. This achievement gives the City of Schertz national recognition,
which is very important and he is very proud her.
Ms. Madison took the opportunity to thank City Council and the Administration
for their support, and funding which allows not only herself but others to further
education.
#2 Hearing of Residents:
Robert Brockman, 4505 Grand Forrest had the following comments:
. Reported burned out light bulbs on Schertz Parkway, and asked who is
responsible for replacing them. He was advised the contractor would be
replacing them.
. Commented on the new magazine racks at the Library, they are very nice.
. Congratulated, City Manager and others responsible for the leveling
(demolition) of the Scout Hut.
. Commented that City Attorney is doing a good job.
#3 Post office update
Mr. Raul Gutierrez, Post Master stated he unfortunately didn't have good news;
he hasn't been advised one way or another, on new Post Office. Actually, the
issue is still in limbo. The Commission has sent it's report to the President and
decision is in his hands. He did point out that if a decision is made it should
happen fairly soon, their in the third week of the new fiscal year. He had hoped
to have better news for Council.
Mayor Baldwin inquired about postal staff and customer base regarding times
when customers are lined up, and only two people at windows. Mr. Gutierrez
stated he is fighting the battle as he speaks, and added he has put a lot of time
and effort in showing the amount of growth and revenue increase (40%) over last
year. He pointed out that over the last three years numbers have grown to over
1800 more delivers. In truth disclosed Mr. Gutierrez, the postal service is down
sizing, as an example the district office in San Antonio, which housed human
resources, operation support, etc., is a ghost facility. Everything is being funneled
through Minneapolis. He indicated everything is being done to cover customer
service, going as far as over running budget. He is having problems allocating
money, and added that when it comes to customer service he doesn't believe the
budget should play such a role, however it does.
Mayor Baldwin suggested putting out information informing the public of
alternative locations for purchasing stamps, mailing packages, etc., would be
helpful. He mentioned such locations, are State Bank & Trust and HEB. Mr.
Gutierrez stated flyers are posted with the information, however may not be
enough and will look into the matter. Mayor Baldwin also mentioned that
vendor machines are never working. Mr. Gutierrez advised that a new machine
has been installed and is in working order.
Councilmember Greenwald asked if Council could do to help in anyway. Mr.
Gutierrez stated that possibly writing to your Congressmen would help.
Council thanked Mr. Gutierrez for the update, and asked to be updated on any
new development.
#4 Discuss Public Hearing (October 21, 2003) on request for specific use
permit from Larry Fritz of Audio Concepts.
City Manager Marquez advised Council that issue is simply a reminder of
upcoming public hearing regarding a new business locating at the old bicycle
shop. The business owner is requesting to allow residential dwelling use in a
general business district.
Mr. Fritz, property owner informed Council the new business is a mobile audio
visual, sales installation, which is run by his son. The property has an apartment
in the rear, and his son would like to live on the premises (security purpose) due
to high dollar inventory. The building has been cleaned up; he has pictures if
anyone is interested. Mayor Baldwin asked if parking was sufficient? He was
advised yes. Councilmember Greenwald advised that parking is limited and that
possibly some city ordinances would have to be waived. Mr. Fritz advised that
most of the business is by appointment and that business is looking at working
out parking arrangement with Church's Chicken and surrounding businesses.
Mayor Baldwin advised item would be placed on agenda at next Tuesday night's
meeting for Council action.
#5 Discuss Public Hearing (October 21, 2003) on request for a specific use
permit from George Smith.
Ms. Madison Community Development Director explained the issue is a request
for placement of multiple manufactured homes on single-family housing district.
The matter has gone through the Planning & Zoning Commission and the
Commission has forward recommendation for approval. The next step is Council
action on the matter.
Mr. Smith (owner) advised that home placement would be within the circle of
homes already there. This would not interfere with the City's long-range plan of
future industrial development in the area.
Mayor Baldwin advised item would be placed on the agenda for next Tuesday
night's meeting for Council action.
#8 Discuss public hearing (October 21, 2003) on a request from Continental
Homes of Texas, LP to rezone 192. 48+ acres from General Business (GB) and
Residential A (R-A) to 38.2+ acres as General Business (GB) and 154.3+ acres as
Residential 5 (R-5).
City Manager Marquez advised issue has been through the Planning & Zoning
Commission where it struggled through on some issues. These issues have been
worked out and the Commission has recommended approval.
He went on to say, he has reservations regarding the overall project, not so much
from a zoning standpoint, but from a pure developmental standpoint in regard
to sewer function. Secondly, there is concern with the roadway (Wiederstein
Road). The City's master plan calls for 86' ROW (key road paralleling IH35).
Unfortunately, the edge of road is in the City of Cibolo, part in the County, and
continues to Schertz. He envisions a Dietz Road five or ten years down the road,
if something isn't done. Are we as a City preparing (infrastructure) for future
development? His concerns don't lie with developer (Continental) or rezoning
issue, however there are concerns, and not sure if there is a solution to fix them.
Mayor Baldwin inquired if Subdivision would have any roads platted onto
Wiederstein Road? He was advised yes, it was a requirement.
Erica Jucknies representing Continental Homes spoke on the issue and advised
the subdivision would have one collector road that development agreed to help
the City with; the road being in City's future road improvements. She pointed
out that originally, Old Wiederstein Road was to run through another tract unto
IH 35, however now with the agreement the collector road will run through the
Continental Subdivision. With the collector road in place, she pointed out there
would be only one curb cut. She added that the development also dedicated as
part of their master plan, 30' of right of way to existing 26 foot of right of way.
City Manager Marquez expressed his appreciation for the dedication, however
86 feet is needed. Ms. Jucknies explained that if development were to go further
then the 30 feet, it would be encroaching into a dense wooded natural zone of
heritage trees. This causes a bit of dilemma, stated City Manager Marquez, what
does the City do? Does the City disallow the development, which it doesn't want
to do? That's not the kind of message the City wants to send forward. However,
does stress to Council that there are concerns that are valid.
It was pointed out that at Planning & Zoning public hearing residents voiced
concerns, some from the Schertz area as well as from the Cibolo area. Concerns
such as traffic, the bird statuary, etc., were discussed. For these reasons, the
development was asked to place more buffers, landscape and retention pond in
order to provide more protection. These issues will be brought up, even though
the issue at Council Public Hearing is regarding rezoning. Citizens will be asking
these questions. Council's main concern is the zoning issue, is it appropriate for
the tract of land?
Council will hold public hearing at Tuesday night's meeting.
#9 Discuss first reading of Ordinance rezoning 192.48+ acres from GB and
R-A to 38.2+ acres as General Business (GB) and 154.3+ acres as Residential 5
(R-5).
Council will consider action on first reading of the above after public hearing of
October 21,2003.
#10 Discuss public hearing (October 21, 2003) regarding establishment of
Walko Reinvestment Zone.
#11 Discuss first reading of Ordinance regarding establishment of Walko
Reinvestment Zone.
#12 Discuss first reading of Ordinance approving a Tax Abatement and Tax
Abatement Agreement for Walko Investments, Inc.
Mayor Baldwin explained that items #10, 11 and 12 cover the process and
procedures regarding establishment of reinvestment zone and consideration of
tax abatement.
City Manager Marquez explained item #10 deals with public hearing regarding
the establishment of reinvestment zone. The public hearing has been published
as required. The second item #11 is in fact the establishment of the reinvestment
zone. Having created the reinvestment zone, item #12 covers the offer of tax
abatement by the City to the business.
Walko representative Fred Hutchinson was present to answer any questions.
Before proceeding location of development was indicated on map, Bell North
Drive is in the Schertz Industrial Parkway off of FM3009.
Ms. Madison Community Development Director commented that the City is
fortune to have such a development in the City. She believes the development
has great potential of becoming an actual vendor or supplier to Toyota. Not only
does the development bring their talent as a business, it also will help the City
attract other vendors and suppliers to the area. She is very excited to have such a
development in the City.
Councilmember Greenwald asked if the business only manufactures automobile
parts. Mr. Hutchinson replied no. The company is venturing out in other
directions, possibly aircraft parts and appliance parts.
With no further discussion, Council agreed the items would be considered at
Tuesday nights meeting.
#6 Discuss Public Hearing (October 21, 2003) on request from
TricojShadeports, Inc. to rezone 4.0+ acres from Predevelopment District to
General Business (GB).
#7 Discuss first reading of Ordinance rezoning 4.0+ acres from PD to GB
(TricojShadeports, Inc.).
City Manager Marquez pointed out these items are also part of routine process
and procedure of rezoning property. A public hearing is scheduled on October
21, 2003, and also a discussion of first reading on ordinance regarding rezoning
of property. He pointed out one unusual factor; part of the development is in the
City limits and part is not, which causes havoc for public safety personnel.
Again, these items are similar to others discussed this evening and are routine.
With no further discussion, Council agreed the items would be considered at
Tuesday nights meeting.
#13 Discuss public hearing (October 21, 2003) regarding establishment of
G.D. Bar Reinvestment Zone.
#14 Discuss first reading of Ordinance regarding G.D. Reinvestment Zone.
#15 Discuss first reading of Ordinance approving a Tax Abatement and Tax
Abatement Agreement for G.D. Bar Family Limited Partnership.
City Manager Marquez explained that again the three items above follow the
same process and procedure as similar requests of earlier. He went on to explain
that building is almost complete, but did point out that the tax abatement request
was submitted before development broke ground. He assured Council the
development had met all requirements, however, because of budget review and
process, he asked that the request be placed on hold. This hold did not harm
anything in terms of providing tax abatement, etc.
Mr. Jason Dickson representing the request was present to answer any questions.
Before further discussion took place, location of development was indicated on
map; the business is adjacent KFC, Taco Bell on IH-35. It's a very nice retail
center, something that is need in Schertz.
City Manager Marquez reiterated that development has met the guidelines and
criteria; the only thing that was done was to put it on hold until Council finished
the budget process.
He went on to say that these tax abatements as well as others being considered
do not go into effective until January 1, 2004, and added that the hold has not
delayed anything relative to Planning & Zoning, building permits, etc.
Councilmember Wilenchik commented that it was his understanding that the
purpose of tax abatement was to attract new business. However if it is promised
(tax abatement) before it comes to Council, the building is already there, half
leased, his question what is the purpose of the tax abatement?
City Manager Marquez explained that before developer broke ground, the
developer was aware of tax abatement possibility.
Ms. Madison Community Development Director explained the process and how
the request from developer for tax abatement is handled. The abatement fell in
alignment with the developer's ability in regard to performance. Developer was
aware from the beginning there were no guarantees. The process starts with the
Economic Development Commission. In this case the Commission recommended
approval, and the next step was consideration from Council, which was put on
hold. She went on to say that the tax abatement ordinance reads: if application is
made, presented and approved and a proposed site plan is submitted, the
requirements have been met. She stressed that the tax abatement incentive was
used early on in the project, however there were other issues that delayed the
project, enabling it to get through at the end of last year (2002). The project
continued with the possibility of receiving tax abatement
Several Councilmembers were in agreement that development qualified under
all conditions set out for giving abatement, so there shouldn't be a reason not to
allow the abatement.
Mayor Baldwin expressed concern regarding placing hold on tax abatement
saying, "That's risking business." Council could have had a change in
leadership, etc. and believes there shouldn't have been a delay. Mayor Baldwin
believes the issue requires further discussion. City Manager Marquez stated he
accepts responsibility, however, if it is Council wish to forward all tax
abatements as they come forward he will do so. He reiterated that the only
reason the project was placed on hold was due to the budget review.
Council will be ready to hold public hearing and consider items at next Tuesday
night's meeting.
#16 Public Works Update.
Assistant City Manager Johnny Bierschwale suggested holding off on Public
Works update due to the length of agenda and the detail that each item has.
However discussion on Town Creek Sewer expansion is necessary in order to
receive Council direction in this matter.
Council agreed to hold off on all other items on the update and allow discussion
on the Town Creek issue.
Larry Dublin commented he has been asked by Assistant City Manager Johnny
Bierschwale to discuss the sewer situation in the northern part of the City. At
some point in time the area will need to be serviced by sewer. The ideal approach
would be CCMA. The area will require three million gallons per day (average
daily flow), which translates to seven million gallons per day (peak flow). The
ideal situation is to work with CCMA. In discussion relative to requirement, it
was determined that a gravity trunk line would be necessary as well as a
regional lift (pump) station to service area. Required from CCMA would be
upgrading (up sizing) line to meet City of Schertz requirements. It was
determined it would be worked in two phases: gravity line (1.5 million dollars
for construction); second phase would be the pump station (approx.$950,OOO
dollars). This of course, exclusive of any right of way that possibly would be
required. He went on to say the line would have to build in two phases, due to
requirement of possibly needing a 30" diameter line, starting with paralleling 18"
line and at a later date a 16" line.
City Manager Marquez commented that initially discussion was with GBRA to
build a plant, however with the realization that the plant will be costing three
million dollars anyway and the legal battles that would be anticipated in
acquiring permits to do so could be substantial.
Assistant City Manager Johnny Bierschwale added that the GBRA plant is only
permitted for 1,400 hundred connections, this plant would be good for over
12,000 thousand connections.
City Manager Marquez commented on another item of discussion with Assistant
City Manager and himself relative to funding the project, and possibly looking at
the project paying for itself, however believe this will not be the case. Other
options will be researched in order to see if project may be funded without
breaking the bank. He went on to say that the issue is not whether the project
should be done, but that it has to been done.
Assistant City Manager Bierschwale asked for Council direction. The City needs
to officially let GBRA know to cancel permit (not building plant); give authority
to City Manager j Assistant City Manager to speak with CCMA, relative to Cibolo
growth and paying their fair share. If Cibolo will not, the City of Schertz will be
assessed only their portion and CCMA (David Dennis) will place additional
impact fees on the City of Cibolo water district. Funds will have to be acquired to
start building water lines needed.
In further discussion, it was determined that if the City is committed to the
project, the City could initially not depend on NBU, which would be a good way
to become self-contained. Of course, the only concern would be the numbers. The
numbers will be checked and double checked, and brought to Council will full
details. The main issue is how to properly fund the project.
It was Council consensus to authorize City Manager and Assistant City Manager
to proceed with the project.
At this time, Council agreed to go skip to item #26, Executive Session, not
keeping City Attorney waiting. Council took a short break and held Executive
Session in the Conference Room across the hall.
#26 EXECUTIVE SESSION: Called under Chapter 551 Texas Government
Code,
Sub-Section 551.071 Consultation with Attorney regarding pending litigation;
Sub-Section 551.072 Deliberation regarding real property; and
Sub-Section 551.073 Personnel Matters.
An Executive Session was held from 8:13 p. m. to 9:43 p.m.
#27 Action, if any, on above Executive Session
No action was taken.
#17 Discuss final reading of TSAC (Transportation Safety Advisory
Commission) Ordinance.
City Manager Marquez advised that suggests by Council have been made and
ordinance looks good. The items were as such; budget for seminar expenses;
emphasize commission would not control staff, and plat recommendation
process.
Council will be ready to take action at next Tuesday night's meeting.
#18 Discuss first reading of Wrecker Franchise Ordinance.
City Manager Marquez commented that in review with City Attorney and Chief
Cantrell several items were discussed, and now feel comfortable with ordinance.
He went on to say one provision added to the Ordinance would be the
requirement of Franchisee (Towing Yard) to be within Schertz City limits.
Another item which is part of the Ordinance; schedule of fees will be removed.
Discussion followed on the following:
. Consent tow: meaning having permIssIOn of owner, unless owner is
unable.
. No consent tow: meaning not having permission of owner and law
enforcement controls the situation, giving option of tow company.
. Towing of vehicle to location other than the franchisee (tow yard), such as
owners home or repair shop. Is it allowed or is there no option other than
having vehicle taken to tow yard.
. Towing to repair shop or home, charge for towing and mileage if it was
warranted.
. Exclusive franchise ordinance, which was recommended.
. The use of only one billing entity at the same rate in the case towing
substitution.
City Manager Marquez advised adjustments would be made as discussed.
#19 Discuss Refunding Resolution.
City Manager Marquez advised the document before Council is a facsimile of the
actual document forthcoming. The number of two million dollars is likely to be
more. Assistant City Manager and myself will work on this issue. The City is
looking at reimbursing on only items that have been paid. The Ordinance will
spell out detail on items. The City reserve will be reimbursed immediately from
the bonds as soon as the numbers are finalized. He is looking at having a
complete resolution by next regular meeting. The document this evening is not
an action item; it's more a piece of information for Councils review of resolution
forthcoming, a heads up for Council.
#20 Discussion regarding dissolution of Schertz Parkway Zone Board of
Directors and disposition of funds.
City Manager Marquez advised of Board meeting, where decision was made to
dissolve the Commission. The Board also recommended disposition of funds by
resolution. The Board recommended a $1000 dollars to go into general fund to
cover any potential costs; and balance into I&S fund.
Without further discussion, Council agreed with the Board decision and their
recommendations.
#21 Discussion regarding annexation.
City Manager advised Council that he would like to begin the annexation
process on property adjacent the Tanglewood Subdivision and all property in
between. The annexation process will take approximately 44 days. The area
population is approximately 100 and the rest is undeveloped land. If the City acts
before the year is out and annexation becomes effective before the year-end and
would benefit the City by being added to the City's tax roll. Because of
population the tax revenue is minimal, however acquiring the land is beneficial.
Mayor Baldwin voiced reservations, what was the rush. If tax revenue is minimal
couldn't the City wait until after the first of year? City Manager Marquez would
like to get the ball rolling as soon as possible, however if it is Council wish to
wait he will do so.
A brief discussion followed and it was Council consensus to mover forward.
#22 Discussion regarding Schertz/Seguin Local Government Corporation
budget for FY 2003j2004.
City Manager Marquez advised the SSLGC Board and Seguin Council have
approved the SSLGC budget. He commented it was an oversight not getting it to
Council for review and approval. He recommends approval and would like
Council to review and consider approving the budget at next Tuesday night's
meeting.
Without further discussion, Council will take action at next Tuesday night's
meeting.
#23 Items by City Manager
General Announcement
. Reported that the City is working on the ability to access ordinances, etc.
via the website. The installation of software has taken place that would
link to Laser Fiche making the access possible. Laser Fiche is operational
and on going throughout the City.
.
#24 Items by Council
General Announcements
Councilmember Douglas
Liaison EDC
Had no comments.
Councilmember Simonson
4- B Board
Liaison BVY A
. Reported that the BVY A contract would be coming up as agenda item.
Councilmember Agee
4- B Board
Liaison Schertz Housing Authority
Liaison Schertz Library Board
. Thanked the Water Department for their quick respond in her time of
need.
Councilmember Wilenchik
4- B Board
Liaison Schertz Humane Society
Liaison HOA Coalition
Had no comments.
Councilmember Greenwald
4- B Board
Ex-officio P & Z Commission
Ex-officio SSLG Corp.
. Reported that the P&Z Commission had met last evening.
. Advised SSLGC will meet at 1:30 pm in the Schertz Police Training room.
. Commented he would like to locate the (sixth grader) young man who
inquired on the possibility of planting trees in the drainage area along
Elbel Road. Apparently, the classroom was having a discussion on
erosion. This is the reason for his concern. It was decided that the young
man would be tracked down. Councilmember Greenwald stated he would
be happy to speak to him.
. Passed on a thank you from Planning & Zoning Commission relative to
Council allowing the Commission to attend the AP A Conference (San
Antonio) this year. He went on to say that the Commission had received
many accolades. This was due primarily due the City's water system. The
City of Schertz is so far ahead of other cities and added that the City of
Schertz is gaining notoriety.
. Inquired on dress code for the Business Appreciation Dinner. Council
agreed on wearing their white pole shirt.
. Asked whether the City had made any headway with concerned citizen
(sent em ail) regarding lights on Schertz Parkway. Was advised a response
is in the works.
#25 Items by Mayor
General Announcements
. Mayor Baldwin read email he received relative to citizen (Jose R. Vera, Colonel
U.S.A.F. Retired) thanking the Mayor, and City Council on job well done on
Schertz Parkway and the way the City is being guided. Since moving to Schertz
four years ago he has witnessed fantastic growth to the City. It is impressive how
the City has managed and continues to manage its growth, insuring the proper
blend of commercial, industrial and subdivision development. This fact speaks
highly of the Mayor, Council, and staff. The only recommendation is to keep up
the good work and reiterated his thanks and appreciation for a job well done.
. Commented on bill ($650) from Randolph Metro-Com Chamber of Commerce
relative to City membership. Asked if there was a problem? City Manager
Marquez reported that their newest member quit and isn't quite sure how viable
the organization is going to be, and frankly isn't very happy with them. His
question to Council; does the City want to continue with membership.
Mayor Baldwin stated viable or not, he believes the City needs to continue with
membership, this being his personal opinion.
. It was Council consensus to continue membership for any year to see in what
direction organization is going.
#28 ADJOURNMENT
There being no further business, Mayor Baldw'n mo
at 10:24 p.m.
ATTEST:
City Seal
.
.
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