ccwks 11-12-03
Council – Workshop Session
Wednesday, November 12, 2003
The Schertz City Council convened in workshop session on Wednesday,
November 12, 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.
#1 Hearing of Residents
The following are residents that signed up to speak:
Roberto Salas, 1041 Gettysburg Dr. commented on following:
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Boats being parked in driveways. Is there some type of restrictions? He
was advised that as long as boat is parked in someone’s yard or property
it is believed there is no violation, unless boat, RV, etc is parked in street.
The matter will be researched.
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Dumpster (at rear) of Sippel’s Hardware. Visibility is an issue due to
fence obstructing view of traffic and walking pedestrians. The area is an
accident waiting to happen.
Robert Brockman, 4505 Grand Forest commented on following:
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Asked for clarification regarding “only items on agenda” can be
discussed. He was advised that discussion on any issue can be discussed
only when the item is an agenda item. On other issues the following three
are acceptable: statement of fact, statement of existing ordinance and
discussion regarding when issue may be placed on agenda for
consideration. After “Hearing of Residents” citizens are asked to keep
questions short if there are any. Council may respond, however at this
point discussion is only with staff and Council.
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Inquired on status of new public works building and north side fire
station. Was told new architects have been acquired for projects.
Preliminary drawings on Fire station have been seen and anticipate
drawings on Public Works building will be next. Project is moving along.
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Asked if Police Department got vent door and evidence room issues taken
care of. He was advised yes.
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Inquired on an area on Schertz Parkway, area between Ashley Park and
Jonas Woods. The area needs some attention along the creek. He was
advised it is believed it’s a HOA responsibility. Also, in the Woodbridge
area, an area needs attention by the hike/bike trial.
#2 Discussion regarding public hearing (scheduled November 18, 2003) on
Specific Use Permit request from Harold and Linda Reno for a second
residential dwelling at 411 Curtiss Ave.
City Manager Marquez advised that documentation included in packet is in
preparation for upcoming public hearing on the issue. Basically, Mrs. Reno is
requesting a second dwelling in order to care for her mother. The matter has
been through Planning & Zoning at which time they recommended approval
unanimously. Appropriate letters (19) have sent to property owners within the
required distance, and have received thus far three letters in favor of the request.
Mrs. Reno spoke briefly on the matter and stated she would appreciate Council’s
help in considering approval. Due to her mother’s health condition and needing
supervision the second dwelling would provide her with her own space, but
would allow family to be close by.
Council voiced no concerns and would be ready to consider and take
appropriate action at next Tuesday night’s meeting.
#3 Discussion of Reinvestment Zones, Tax Abatements and other
incentives.
City Manager Marquez informed Council that matter before Council comes at
Councilmember Wilenchik request. At this time, he deferred to Councilmember
Wilenchik.
Councilmember Wilenchik stated he has concerns and questions when it comes
to reinvestment zone/enterprise zones. In view of recent events regarding the
same, a request was before Council for consideration in which the development
was near completion. Why aren’t they done in advance? He questioned City
Ordinance regarding tax abatement relative to construction procedures. Possibly
it should state that construction shouldn’t start until tax abatement is approved.
In his opinion, this would get developer to commit. He questioned the purpose
of allowing tax abatement to a developer agreeing to develop and has started or
near completion of project before receiving approval. If the developer has gone
through process has met criterion with P&Z and EDC and both have
recommended approval, then why six weeks down the road come before Council
for approval. His question, what happens if Council doesn’t approve, will
developer leave or would development continue? In his opinion, it no longer is
an incentive. His concern is public money being given away for no good reason,
when a development has committed, selected location and construction has
commenced. If commitment is before tax abatement, he believes it’s not good use
of tax abatement money.
City Manager Marquez stated he disagrees only with one comment regarding
Councilmember Wilenchik comments, it’s an investment, not giving away
money.
In a brief discussion, regarding tax abatement procedures and construction
process it was pointed out that a certain developer started construction before
actually getting approval. It turned out that the developer had submitted
application on a timely manner, had gone through the necessary steps had
received approval from the appropriate entities and recommendations
(approval) had been sent to Council. However the process was delayed (to
Council) in house. It was pointed out that nothing else has been started prior to
the one in question, and only because of the delay in house. Also, tax abatement
issue must meet all criterions; go through the drill both with P&Z and EDC. If it
does not, it will never make it to Council for their stamp of approval.
After lengthy discussion, relative to tax abatement incentive or as some would
say, rewarding business to develop in the City, Council had mixed feelings and
voiced concern regarding process. Possibly it’s time to take a look at Ordinance
and ask,” What do we want to do”? Possibly change process, reduce time, and
have EDC meet more than once a month. A few options were discussed as to the
wording in City Ordinance relative to approval and when may construction
commence by developer. Council by law has to hold public hearing and Council
makes the final approval, however, remembering that the matter has been
through the process, (P&Z and EDC) meeting all criterion or it wouldn’t be
before Council. The Commissions that Council has put in place, reviews, does
grunt work, and makes sure it’s beneficial to the City before it’s even sent to
Council.
At this time Council believes the process of tax abatement and reinvestment zone
established by the City is working as expected.
#4 Discussion and possible action on scheduling of future Council
meetings.
City Manager Marquez explained the new Council schedule and extra meetings
in December due to annexation process. Indicating some meeting nights will
only have one agenda item unless something should come up. For the month of
December meetings are planned as follows, December 1, (one item) 2,
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(regular), 10, (workshop) 16, (regular) 23, (special meeting 1 reading
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annexation Ordinance), 30 (special meeting final reading annexation
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Ordinance).
Councilmember Wilenchik moved to approve schedule of Council meetings as
explained. Councilmember Douglas seconded the motion, which carried with the
following votes:
AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald
NAY: None
#5 Discussion regarding employee holiday policy.
City Manager Marquez explained the matter before Council comes at
Councilmember Greenwald’s request, and at this time deferred further
comments to Councilmember Greenwald.
Councilmember Greenwald remarked that the reason the matter is being brought
up is because of receiving phone call from an individual asking, “why was City
hall closed” (Veteran Day’s Holiday-Monday and Tuesday)? He didn’t have an
answer. He believes there is a need to review holiday policy of City employees.
In brief discussion, several remarks relative to City policy regarding employee
holidays were discussed. Such remarks were relative to what are major holidays,
and its definition. Does Veterans Day fall under the category allowing for a four-
day weekend? At this time it was pointed out that the City observes all holiday’s
that are defined as Federal Holidays, there are no State holidays observed. The
City holiday policy was established many years ago, as incentive for City
employees to help offset low wages. It was pointed out, times have changed and
wages increased and if employees want a four-day weekend, a possible option
would be use a vacation day.
City Manager Marquez remarked that the policy has been in place for
approximately twenty plus years and to alter it would cause a sufficient change
to employee city benefits. His recommendation to Council is to not change it. He
went on to say that this situation doesn’t happen every year. This year there are
two or so holidays that will fall on Tuesday, which means the preceding Monday
is also a holiday. However, it doesn’t happen every year.
Councilmember Greenwald suggested possibly having issue placed on an
executive session for further discussion. There were mixed feelings among
Council whether it was necessary to do so.
Assistant City Manager, Johnny Bierschwale stated that most holidays are
Monday holidays with some exceptions similar to this year. He reminded
Council that one major holiday (July 4), 75% of City staff gets paid double time
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for working, which is usually before and after the 4, and really these employees
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don’t get to enjoy the holiday as most others.
In further discussion, it was pointed out that the only guaranteed two days off is
Thanksgiving, with exceptions such as this year. Councilmember Agee stated
that in her personnel opinion if any of the following, New Year’s Day, July 4,
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Thanksgiving and Christmas fall on Tuesday or Thursday, you should get the
other day off.
Without further discussion it was Councils consensus to allow the continuation
of established holiday policy for City employees as it stands.
#6 Discussion of Solicitor’s Ordinance.
City Manager Marquez explained the request on the issue comes from an
individual voicing concern regarding the distribution of handbills, which do not
require a permit. He believes handbills should be permitted, because to him it’s
very uncomfortable having someone walk up to your door and as he put it, are
casing the joint.
City Manager Marquez advised that after reviewing the Ordinance its one or the
other, the City either requires it or not. He went on to say, handbills had been
part of Ordinance requiring a permit, however due to complaint from local
business owner it was taken out. Now, the City has a citizen saying it isn’t a good
idea.
In brief discussion, it was pointed out that most handbills are passed out by day
workers. Have these individuals under gone a background check. Could these
workers possibly be checking out area, checking who is home and who is not? It
was pointed out that other individuals could be doing the same. It was also
mentioned that these individuals aren’t making contact with anyone, and to
make sure of this, the City has other ordinances in place such as loitering,
littering, etc. that could be enforced if individuals weren’t following procedures.
Councilmember Agee brought up the question of charitable school organizations
soliciting door to door for donation purposes. She was asked what are
procedures. She was advised such organizations must obtain permit, however in
most cases would not be required to pay for the permit. If a person is under the
age of sixteen (16) that person must be accompanied by a person eighteen (18)
years of age or older in order to solicit. This question bring ups a very good
point, remarked City Manager Marquez. There is a fine line in some instances,
however reminds Council that Ordinance was written in such a manner that it
allows the City Manager some latitude in certain circumstances.
Without further discussion, it was determined the Ordinance would remain
unchanged; however a review would take place.
#7 Discussion and possible action on casting ballot for Board of Directors
of Guadalupe Appraisal District.
Mayor Baldwin introduced Resolution and read caption as follows:
RESOLUTION NO. 03-R-21
RESOLUTION OF VOTES CAST TO ELECT DIRECTORS FOR THE
GUADLAUPE APPRAISAL DISTRICT FOR THE YEARS 2004-2005.
Without further discussion, Councilmember Agee moved to cast all 240 votes for
Sylvia Schlather. Councilmember Douglas seconded the motion, which carried
with the following votes:
AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald.
NAY: None.
#8 Items by City Manager
General Announcement
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Advised of PID meeting scheduled for 14 and added that he will have to
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take a hard line and possibly go to condemnation if owners don’t come
across. Project must continue.
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Reported that close to $5,000 was collected in the Holiday lockup. After
expenses, which isn’t much, half of the monies will go to Blue Santa
program and other half will defray cost of City Christmas program.
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Commented the City has completed the United Way Campaign, the total
raised was $4,118.94, which is $1,500 dollars more than last year.
Employees really stepped up to the plate this year.
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Advised receiving a check for $1,376,456.76 (“found money”). The City is
checking into two possibilities of where the money came from. It’s
possible it’s for FEMA project, however do not know, but will certainly
investigate.
#9 Items by Council
General Announcements
Councilmember Douglas
Liaison EDC
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Had no comments.
Councilmember Simonson
4-B Board
Liaison BVYA
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Had no comments.
Councilmember Agee
4-B Board
Liaison Schertz Housing Authority
Liaison Schertz Library Board
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Had no comments.
Councilmember Wilenchik
4-B Board
Liaison Schertz Humane Society
Liaison HOA Coalition
Ex-officio-TSAC
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Reported Humane Society is holding its fundraiser Bazaar on Saturday,
15, 8:00 a.m. at Community Center.
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Councilmember Greenwald
4-B Board
Ex-officio P & Z Commission
Ex-officio SSLG Corp.
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Reported Seguin/Schertz Local Government Corporation meets tomorrow
at 1:30 p.m. in Seguin.
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Asked that inspector check out RV’s parked at Church of Christ parking
area. How are all those RV’s hooked up? He was advised the Church is
having a fellowship meeting on the 13 and have approximately twenty-
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four speakers, however will have it checked out.
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. Passed out San Antonio Express Article regarding Tax Freeze for elderly
65 or older. This issue will have to be addressed soon or later. Possibly
bringing it to the voters.
#10 Items by Mayor
General Announcements
. Reported on Senior Citizen Bazaar having a very good turn out. He is
happy to see the event get started again.
. Informed of Time Warner Hometown Hero award ceremony held last
week, where City recipient Zenobia Coverson was recognized. In her
honor he suggested having a reception (cake and coffee) on the first
Tuesday meeting in December at 6:30 p.m.
. Asked Council to RSVP to TML Dinner for those who haven't. The
following is Council count:
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Tony Wilenchik-2
Ken Greenwald-2
Reginna Agee-l
Steve Simonson-2
Carl Douglas-2
#11
ADJOURNMENT
With no further business, Mayor Baldwin moved to ad' urn the meeting at 8:58
p.m.
ATTEST:
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78