ccswks 03-09-2005
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CITY COUNCIL MINUTES
SPECIAL WORKSHOP SESSION
MARCH 9, 2005
The Schertz City Council convened in Special Workshop Session on Wednesday, March
9, 2005 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, Reginna Agee, Tony Wilenchik and
Ken Greenwald. Those staff members present were Interim City Manager John
Bierschwale and City Secretary Norma Althouse.
#1 HEARING OF RESIDENTS
Robert Brockman of 1000 Elbel Road .reported there is a hole in Elbel Road just as you
turn right into the Sycamore Creek Apartments. Whose responsibility is it to fix it? Mr.
Bierschwale replied they would check into it and find out.
David Caulkins of 1044 Svcamore said he wanted to go on record to thank everyone for
enhancing customer service in the community. He said he applauds the survey on the
website and encourages the staff to continue their good work - it will improve the
atmosphere of customer service. Mayor Baldwin thanked Mr. Caulkins for his kind
remarks.
#2 APPROVAL OF MINUTES: Special Workshop Session 2-23-05
Mr. Douglas moved to approve the minutes for the Special Workshop Session of 2-23-05,
as written. Mrs. Agee seconded the motion, which carried with the following votes:
AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald.
NAYS: None.
#3 Consider and take action removing from the table discussion and possible
action regarding Reimbursement Contract with Forbes Management.
Mr. Greenwald moved to remove from the table discussion and possible action regarding
Reimbursement Contract with Forbes Management. Mr. Simonson seconded the motion,
which carried with the following votes:
AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald.
NAYS: None.
#4 Discussion and possible action regarding Reimbursement Contract with Forbes
Management.
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Mr. Charles Forbes was present for the discussion. Mr. Bierschwale advised Council
they are considering extending the contract until the year 2010. The staff recommends
approval and he would like to have Council's approval.
Mr. Forbes mentioned this project started in 1985 and they now have a prospect on 43
acres and that's where the sewer would come into play. They thought the area would
develop a lot faster, but it hasn't, and that's the reason they're requesting the extension.
Mr. Forbes brought some information with him to familiarize Council with the project.
They have a 476-acre tract and 1.7 miles of that is IH-35 frontage. Mr. Forbes pointed
out there are several 200 acres tracts and distributed maps/diagrams for Council to see.
They felt the first to develop would be the 200 acre tract at Wiederstein and IH-35. Right
now the sewer transmission line travels through the entire property and they intend to
relocate the transmission line, put the available pole on Wiederstein, and replace the pole
at IH-35. He feels they will get an offer on the property some time this year. He also
feels now is the time something will start to happen as far as development.
Mr. Forbes went on to say a financial institution needs two acres and he would like to put
them on the corner, but he doesn't know if that will materialize.
Mr. Wilenchik noted that in 2003, Forbes Management put in for a seven-year extension.
What happened to the request? Mr. Bierschwale answered it was never forwarded to City
Council.
Mr. Simonson advised that back in the days when there was no sewer, Forbes
Management worked with the City to get some installed.
Mr. Wilenchik moved to extend the Reimbursement Contract with Forbes Management
until the year 2010. Mrs. Agee seconded the motion, which carried with the following
votes:
AYES: Coulcilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald.
NAYS: None.
Mayor Baldwin thanked Mr. Forbes for his time and asked how his wife is doing
following her surgery. Mr. Forbes replied she is doing fine. He then thanked Council for
their action.
#5 RESOLUTION: Consider and take action on Resolution regarding temporary
moratorium on property in a platted subdivision.
Mayor Baldwin introduced a Resolution and read the caption as follows:
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RESOLUTION NO. 05-R-05
A RESOLUTION REGARDING A TEMPORARY MORATORIUM ON
PROPERTY DEVELOPMENT IN A PLATTED SUBDIVISION, AND OTHER
MATTERS IN CONNECTION THEREWITH.
Mr. Simonson moved to approve a Resolution regarding a temporary moratorium on
property development in a platted subdivision. Mr. Greenwald seconded the motion,
which carried with the following votes:
AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald.
NAYS: None.
#6 ORDINANCE: Consider and take action on first reading of Ordinance adopting a
moratorium on property development in a platted subdivision.
Mayor Baldwin introduced an Ordinance and read the caption as follows:
AN ORDINANCE
ADOPTING A MORATORIUM ON PROPERTY DEVELOPMENT IN A
PLATTED SUBDIVISION, AND OTHER MATTERS IN CONNECTION
THEREWITH.
City Attorney, Michael Spain, informed Council that if the second reading of this
Ordinance is approved on March 15th, there will be a 120 day moratorium on
development.
Mr. Greenwald moved to approve the first reading of an Ordinance adopting a
moratorium on property in a platted subdivision. Mrs. Agee seconded the motion, which
carried with the following votes:
AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald.
NAYS: None.
Council was prepared for this item to be included on next Tuesday night's agenda.
#7 Discuss first reading of Ordinance regarding deletion of Stop Sign at Country
Club Blvd. at subdivision gate and addition of a Yield Sign at Country Club Blvd. at
subdivision gate.
Councilmember Douglas asked why we need a Yield Sign. Mr. Bierschwale replied
because it is not divided.
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Council was ready for this item to be included on next Tuesday night's agenda.
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#8 Discuss first reading of Ordinance regarding All Way Stops at Wiederstein
Road and Dean Road and Maximum Limits on Specific Streets from the intersection
of IH-35 frontage road to Wiederstein Road and from the intersection of
Wiederstein Road to FM 1103.
Mr. Bierschwale asked Michael Spain to come up with a weight limit on Wiederstein
Road. They usually do it for one-ton trucks. Mr. Greenwald mentioned it would be nice
to have it by next Tuesday, but if not, then they would do that later.
Council indicated their readiness for this item to be included on next Tuesday night's
agenda.
#9 Discuss first reading of Ordinance regarding No Parking signs at intersection
of Castle Hills Drive and Sherwin Drive.
Mayor Baldwin inquired where these streets are located and was told in Northcliffe. He
then asked if the people living there requested the No Parking signs. It may cause a
problem.
Police Chief Steve Starr related that the issue came up at a Homeowners's Association
meeting. The Department did a survey of twenty homes and the majority felt there .
should be No Parking signs at the location.
Council agreed this item should be included on next Tuesday night's agenda.
#10 Discussion regarding change to Roadrunner Towing Franchise Agreement.
GeoffNunstadt of Roadrunner Towing was present for the discussion.
Mr. Bierschwale commented they are considering a capital investment to their towing
business and would like Council to extend the Franchise Agreement for a period of three
years with the option of renewing it for an additional two years.
Mr. Nunstadt mentioned they are looking at obtaining a sixteen-ton wrecker and the
possibility also of a forty-five ton wrecker. They have had a 41 % increase in their
volume of calls so far this year. They would like to stay with the City. They feel they
have a good relationship.
Police Chief Starr added they have not had a complaint from either a citizen or from a
police officer about Roadrunner Towing.
Mr. Wilenchik wondered if they could change the Ordinance to five years without going
out for rebidding. Mr. Greenwald stated he likes the concept, but wants to make sure it's
legal.
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Michael Spain advised he would check into it, and if it's legal, he would come up with
some wording for the Ordinance. Depending on Mr. Spain's findings, Council was ready
for this item to be included on next Tuesday night's agenda.
#11 Discussion and possible action regarding amendment to Investment Policy.
Mr. Bierschwale pointed out that on page 8, first sentence under paragraph on Investment
Advisory Committee, after (as Chair) they would like to add the Mavor. one member of
the City Council designated from time to time bv the Citv Council. Mr. Bierschwale then
noted they might make more changes as the City develops. Mayor Baldwin wondered if
this meant the Mayor and City Council would have to attend investment seminars.
Mr. Greenwald moved to approve adding the statement underlined in the above
paragraph to the Investment Policy on Page 8 under Investment Advisory Committee.
Mr. Douglas seconded the motion, which carried with the following votes:
AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald.
NAYS: None.
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#12 Discussion of Chapter 19 of the Code of Ordinances - WaterfWastewater and
Disposal Service.
Mr. Bierschwale noted a letter had been hand-delivered to Council on Monday so they
could go over the facts. The City of Schertz currently charges twelve cents per thousand
added on to CCMA's fee, which is $1.60 and that makes it $1.72 for the treatment cost.
The 12 cents covers our labor cost and equipment cost for line maintenance.
Since the annexation of North cliffe, GBRA 's (Guadalupe-Blanco River Authority) cost
comes out to $3.12 We're subsidizing that section of the system. and losing a total of
$74,000 in just that section. Another issue has arisen. Under our current Ordinance, we
base our customers on the three lowest months. We let our customers decide what are
their three lowest months. CCMA (Cibolo Creek Municipal Authority) agrees on the
concept, but they would have to increase the cost. Their order reqnires the City of
Schertz to comply, and as like other billings, they take the three winter months.
Schertz scheduled a meeting with all the wholesale users and no one showed up. Chuck
Balcar from the City of Cibolo showed up at the second meeting and agreed with our
plan. No one else showed up. Mr. Bierschwale said he asked David Dennis from CCMA
if all the wholesalers agreed to this, what was he going to do. He replied if they all
agreed, CCMA would go along with it, but the rate would go up, so they would adjust
accordingly.
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In the meantime, as this is going on, Mr. Marquez agreed with Mr. Dennis to go ahead
and pay CCMA based on the winter average. The City charged our customers based on
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our policy. The difference amounted to a loss of $155,664. That's a big hit and we're .
trying to clean up a mess.
Mr. Bierschwale went on to say he is recommending to Council that they allow the City
to establish sewer zones. In the boundaries of CCMA, we would charge CCMA's rates
plus our base rate When a residential subdivision comes in, they do a pass through
charge and we haven't had this experience yet with the Northcliffe line because they have
two commercial accounts. We take the New Braunfels actual cost, add our 12 cents plus
the base rate average and we have not lost money on that line once. When the first
residential unit comes on board, we're back to this policy.
Mr. Wilenchik asked if we're saying that depending on where you live in Schertz, you
will have a different sewer rate. Mr. Bierschwale replied it's based on the treatment
facility. Mr. Wilenchik emphasized it's not the fault of the residents.
Mayor Baldwin stated that he thought in the long term we would like to get GBRA out of
that plant and assume responsibility for it, but we're not there yet. Mr. Bierschwale
mentioned they had talked about that, but no one can give then the value of the GBRA
plant because Northcliffe paid for it. The City wants to take over that plant and turn it
over to CCMA so we can get down to one. Once Towncreek is built, it will take care of
everything. We will shut down the New Braunfels line and it will be used by one big
industrial consumer. It's better for us to build our own line and work with CCMA.
That's our mission. We're working with the studies now on CCMA so we can come
back with a proposal.
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Mr. Wilenchik asked if it's possible to word this so that all new construction will fall
under zones and those currently there will pay the same rate as they are now. Mr.
Bierschwale replied it would be almost impossible for the billing department to pinpoint
each account. There was a brief discussion about why this could not be done. Mr.
Bierschwale admitted they could look at the whole system and re-establish rates, but he
felt it would be better to look at zones. Mr. Wilenchik mentioned that when Northcliffe
was armexed, they were told they would pay the same water rates as everyone else in
Schertz. Mayor Baldwin said that's true about the water rates, but not the sewer rates.
Mr. Bierschwale related the City is making the last payment on the MUD (Municipal
Utility District) tax this year.
Mrs. Agee inquired what the difference is in the rates. Mr. Bierschwale replied CCMA
is currently $1.60 and in the next few months will be going up to $1.90. Then you have
to remember to add on 12 cents for each one. GBRA, based on current operations, will
be $3.12 plus 12 cents. NBU (New Braunfels Utilities) is $2.81. Mr. Wilenchik pointed
out that GBRA is going to be 51 % higher. Mayor Baldwin asked if this is based on LEU
(Living Equivalent Unit) and was told it is not. There was a brief discussion about the
average water bill of residents, depending on which part of the City in which they reside.
Mr. Wilenchik pointed out we don't charge by zone for trips by fire trucks. Mr. Douglas .
emphasized the long-range plan is to get control and consolidation. Until we get there,
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we're going to have to do away with the subsidizing of treatment and the customer will
have to pay for the cost of the treatment. Mr. Bierschwale alluded to the fact we may
have SARA (San Antonio River Authority) coming to southern Schertz.
After further discussion, Mr. Bierschwale went on to say we are trying to take over
GBRA and you might as wen say it will be a hostile takeover. If we control the plant, we
can control the cost to the City.
Mr. Greenwald felt that in the interim, the zones are a temporary answer to the problem.
Mr. Bierschwale indicated he would like to prepare an Ordinance for further discussion
by Council. There's no way he could get it ready for next week. He needs some
direction from Council. He will have a plan on how we're going to inform the public.
He will also consult with the attorneys on legal advice as far as taking over the GBRA
plant. Council advised him to go forward with his plan and come back later with an
Ordinance.
#13 Items by Interim City Manager
General Announcements
. Distributed pictures ofthe progress on the remodeling ofthe old Catholic Church.
. Advised the renovation ofthe Civic Center went out for bid.
. Reported TML is totaling the police car that was involved in the shooting. Lots of
e-mail has been received praising the Police Officers.
. Mentioned the City had a complaint from TXDoT about no lights at the rest stop.
. Announced the Northeast Partnership meeting is tomorrow, but he and Mr.
Grenwald have a Schertz/Seguin Local Government meeting. Mr. Douglas said
he would attend ifhe's available.
#14 Items by Council
General Announcements
Councilmember Douglas
Liaison - EDC
Liaison - Schertz Library Board
. Noted ther,e was a good write up about the trip to Austin by the Interim City
Manager, City Council and City Attorney.
. Referred to the letter from Cibolo about the installation of the ADA ramps on the
sidewalks along Dietz Road. Mr. Bierschwale remarked he has a meeting with
representatives from Cibolo next week.
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. Reported he had attended the Library Board meeting and the library is going great
guns. The trees are planted and the lighted area is in progress. It looks good.
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Councilmember Simonson
Liaison - BVY A
. Related he was down by the soccer fields over the weekend and there must have
been 2,000 cars there. . All the fields were being used. Mr. Bierschwale advised
he had asked the staff for some input regarding that situation.
Councilmember Agee
Liaison - Schertz Housing Authority
Liaison - Guadalupe County Children's
Advocacy Center
Mrs. Agee had nothing to report.
Councilmember Wilenchik
4-B Board
Liaison - Schertz Humane Society
Liaison - HOA Coalition
Investment Advisor
Ex-officio - TSAC
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. Said the Doggie Dash is coming along. They haven't heard back yet from some
of the sponsors. Michael Spain hasn't received a letter yet.
Councilmember Greenwald
4-B Board
Ex-officio - P&Z Commission
Ex-officio - S/SLGC
. Mentioned the Schertz/Seguin Local Government Corporation meeting is
tomorrow at 1 :30 p.m.
. Acknowledged the Planning and Zoning Commission received their monthly
report from the Inspection Department. They also held a public hearing on the
moratorium for Live Oak Hills. Jesse Hellums is trying to buy some lots up there,
but is having trouble finding a number of the owners. Planning and Zoning also
turned down the application for signs for the new Hampton Iun. The gentleman
was told he has ten days to appeal to City Council.
. Indicated that Closner Subdivision is projected to be built on FM 2252 and
eighty-one homes are being built in Belmont Park.
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#15 Items by Mayor
General Announcements
. Announced a public hearing will be held on March 27th at the Northcliffe Fire
Department regarding FM 1103 and IH-35.
. Extended kudos to EMS from his neighbor whose husband had a heart attack.
. Invited anyone interested to attend a meeting on March 29th at 9:00 a.m. -
TXDoT will be talking about widening FM 3009.
. Brought the potholes at FM 1518 and IH-35 to the City's attention.
#16 EXECUTIVE SESSION: Called under Chapter 551, Texas Government Code,
Section 551.074, Personnel Matters: Appointment, employment, evaluation,
reassignment, duties, discipline or dismissal of the City Manager.
Council took a short break and then went into Executive Session which was held from
8:35 p.m. until 9:20 p.m.
#17 Discussion and possible action on the subject ofthe above Executive Session.
No action was required.
#18 ADJOURNMENT
There being no further business to discuss, May Baldwin adjourned the meeting at 9:21
p.m.
ATTEST:
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\City Secretary, City of Schertz, Texas
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