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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 . . 32