ccwks 02-09-2005
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CITY COUNCIL MINUTES
SPECIAL WORKSHOP SESSION
FEBRUARY 9, 2005
The Schertz City Council convened in Special Workshop Session on Wednesday,
February 9,2005 at 7:00 p.m. in the Municipal Complex Conference Room, 1400 Schertz
Parkway, Schertz, Texas. Those members 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 Salas of 1 041 Gettvsbur~ brought up the following:
Advised there are potholes at Schertz Parkway where you come across the tracks and also
at Beck Concrete.
Inquired how you apply for a City job and was told by Mayor Baldwin with the Human
Resources Director.
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Asked if the public could use the phone in the reception area of City Hall and was told
yes by Mr. Bierschwale, if it's not long distance.
Tonv Arrington of 19287 Old Wiederstein Road had provided a letter to Council with
some of his thoughts about Old Wiederstein Road as follows:
He became the property owner of 1.757 acres with 240-foot frontage in 2004. Due to the
development of Belmont Park, he expressed concern about exiting his property blindly
because of vegetation blocking his view.
In June 2004 an annexation plan advanced to change the jurisdiction of Old Wiederstein
Road from Guadalupe County to the City of Schertz. The Mayor and Council approved
the development of Belmont Park with no evidence of addressing this safety and flooding
problem.
The road was too narrow at 26', so the developer provided an extra 30', making it a total
of 56'. However, it is designed as if it is 86" wide. Cibolo is not interested in widening
it. There should be an equal shoulder on each side. His suggestion is that the developer
redesign the road.
Mayor Baldwin thanked Mr. Arrington and told him they would see what could be done
about the situation.
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Robert Brockman of 1000 Elbel had signed up to speak, but decided to pass on making
any comments.
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Anthonv Zu~ay of 21655 Vallev Park stated he is not a resident, but was told by the
Inspection Department he could speak. He lives in Garden Ridge and is very concerned
about the entrances/exits constructed for Wal-Mart. That particular section ofFM 3009
does not have a centerline. He understands it is under the jurisdiction of TXDoT, but he
would like the City of Schertz to get back with TXDot and see if something can be done
to widen the area.
Mayor Baldwin informed him this problem has not gone unnoticed. Lots of people have
called him. There's just no space for three lanes The curb comes out past the
deceleration lane.
Amy Madison, Community Development Director, mentioned they are trying to cut
down on some of the driveways off PM 3009 by having an interconnecting road that goes
from business to business along there without them having to go back out on PM 3009.
#2 RESOLUTION: Consider and take action on Resolution setting public hearings on
the proposed imposition of a moratorium on property development in a platted
subdivision.
Mayor Baldwin introduced a Resolution and read the caption as follows:
RESOLUTION NO. 05-R-02
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS SETTING PUBLIC HEARINGS ON THE PROPOSED IMPOSITION OF
A MORATORIUM ON PROPETY DEVELOPMENT IN A PLATTED
RESIDENTIAL SUBDIVISION; APPROVING AND AUTHORIZING THE
PUBLICATION OF NOTICES RELATING TO THESE MATTERS; AND
OTHER MATTERS IN CONNECTION THEREWITH.
Mr. Greenwald moved to approve the Resolution calling public hearings on the proposed
imposition of a moratorium on property development in a platted subdivision. Mr.
Douglas seconded the motion, which carried with the following votes:
AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald.
NAYS: None.
#3 Discussion of Resolution consenting to creation of Municipal Utility District.
Mr. Bierschwale introduced Larry Aiken who was present to represent this item on the
agenda. All the issues have been worked out and Council will take action next week.
Mayor Baldwin remarked that those who were not present last week would need a
thorough briefing.
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Mr. Douglas stated some concern was expressed about whether or not the MUD would
remain in the City limits.
Larry Aiken advised they are running up against a deadline as far as putting the notice in
the paper. It has to be in 30 days ahead of time and that's a little tricky because of the
Herald Newspaper being published only once a week. Mayor Baldwin informed Mr.
Aiken the Seguin-Gazette Enterprise is the legal newspaper for the City and they publish
five days a week.
Council was ready for this item to be included on next Tuesday night's agenda.
Mr. Wilenchik asked if there was any further discussion about a cemetery in the City.
Mr. Bierschwale indicated they want to make a formal presentation on that subject.
#4 Discussion on fmal reading of Ordinance amending Chapter 7, of the Code of
Ordinances, regarding the Fire Department.
Mr. Bierschwale advised there had been no changes since the last time it was discussed.
Council indicated their readiness for this item to be included on next Tuesday night's
agenda.
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#5 ORDINANCE: Consider and take action on final reading of Ordinance
authorizing amended and restated Articles of Incorporation of the City of Schertz
Economic Development Corporation; approving amended and restated By-Laws of such
Corporation; appointing Directors to the Board of Directors of such Corporation; and
other matters in connection therewith.
Mayor Baldwin introduced an Ordinance and read the caption as follows:
ORDINANCE NO. 05-M-03
AN ORDINANCE AUTHORIZING AMENDED AND RESTATED ARTICLES OF
INCORPORATION OF THE CITY OF SCHERTZ ECONOMIC
DEVELOPMENT CORPORATION; APPROVING AMENDED AND RESTATED
BY-LAWS OF SUCH CORPORATION; APPOINTING DIRECTORS TO THE
BOARD OF DIRECTORS OF SUCH CORPORATION; AND OTHER MATTERS
IN CONNECTION THEREWITH.
Mr. Bierschwale emphasized they have to appoint two people now or start over. There is
a 4-B Board meeting tomorrow and they will appoint Gail Douglas and Dudley Wait.
Ms. Douglas and Mr. Wait will then step down after Council approves two new members
who are citizens and not members of Council.
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Mr. Douglas then inquired if that would be the final action on this entire package and was
told yes.
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Mr. Greenwald moved to approve the final reading of the Ordinance as listed in the
caption above. Mr. Wilenchik seconded the motion, which carried with the following
votes:
AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald.
NAYS: None.
#6 4-B Budget Amendment: Consider and take action on 4-B Budget Amendment.
Mr. Greenwald explained there is a new letter correcting the figures in the old letter. The
budget is correct.
Mr. Wilenchik moved to approve the 4-B Budget increasing revenues from $856,000 to
$959,153 and expenditures from $830,718 to $959,153. Mr. Simonson seconded the
motion, which carried with the following votes:
AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald.
NAYS: None.
#7 Discussion regarding Inspection Department fee changes.
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Leonard Truitt, Building Official, explained that as of December 1, 2003 the Texas
Department of Licensing started an electrical licensing program. As of December 31,
2004 the City of Schertz no longer issues electrical licenses. This will result in a loss of
revenue of approximately $17,000 per year. The City does, however, require plumbing
and mechanical companies to show proof of insurance and register with the City. The
City plans to require the same for electrical companies and will start charging a $40.00
registration fee for all registrations to recover the costs for processing and maintenance
of records. They anticipate a revenue of approximately $8,200 per year.
Mr. Truitt went on to say that based on the last building valuation data obtained from the
International Code Council, they recommend increasing the minimum value per square
foot for construction from $52.00 per square foot to $62.00 per square foot. These values
are based on costs that include electrical, mechanical and plumbing systems. This change
would increase revenues by approximately $45,000 per year.
Mr. Wilenchik said he wanted to make sure the City is not charging more just because
they can. Mr. Truitt related it now takes longer to do inspections and they have to track
more. There is an increase in population and increased requirements. They hope to add
additional personnel in the future.
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Mayor Baldwin mentioned that a gentleman drove through the Village and counted more
than 50 cars in non-compliance. This prompted a brief discussion about what exactly is a
junked vehicle.
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. Council was prepared for this item to be included on next Tuesday night's agenda.
#8 Discussion on fIrst reading of Ordinance regarding Stop signs in Northcliffe.
Mr. Wilenchik mentioned this subject was brought up at a Homeowners Association
meeting by Debbie Bell. He wants assurance that she buys into this.
Mrs. Agee said she hoped they were looking at where the signs need to go for best
results. Police Chief Steve Starr mentioned they did a study.
Mayor Baldwin thought this would slow up the traffic a little because there is increased
traffic due to IH-35 being one-way.
Mrs. Agee wondered if they could look at Stop signs at Wiederstein and IH-35.
Council indicated they were ready for this item to be included on next Tuesday night's
agenda.
#9 Discussion regarding speed limits on Wiederstein Road.
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Mr. Bierschwale remarked there has been some confusion regarding speed limits on
Wiederstein Road because there are several different ones and he is recommending they
all be 30 mph.
Chief Starr said it is the recommendation of TSAC and the Police Department that the
speed limit on Wiederstein be posted at 30 mph in both directions. It will run from the
intersection of IH-35 frontage road and Wiederstein Road to the intersecton of
Wiederstein Road and PM 1103. It is also suggested No Porking signs be posted for the
entire road to allow traffic and emergency vehicles clear access.
Chief Starr indicated he would have an Ordinance ready for discussion at the next
workshop.
#10 Discussion on fIrst reading of speed hump Ordinance.
Mr. Douglas felt there is some confusion and asked how deep a speed hump is as defined
by the Traffic Code. Is it a gradual rise of three inches for five feet?
Mrs. Agee asked if there's a percentile. Mr. Bierschwale replied if a vehicle is traveling
at what they consider an unreasonable speed, that's when they issue a traffic citation.
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Mr. Wilenchik stated he supports a speed hump Ordinance, but has a serious problem
with citizens paying for speed humps. We're supposed to provide a safe environment for
everyone.
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Mr. Greenwald also expressed a serious problem with the way the Ordinance goes. If
people are exceeding the speed limit and it is hazardous, the City should pay for the
speed humps.
Mayor Baldwin stated he is getting a strong feeling from several members of Council that
they don't think the citizens should pay for speed humps.
Mr. Wilenchik suggested the Ordinance be revised and presented again.
Mrs. Agee felt the criteria for need should be consistent.
Mr. Bierschwale noted he would send the Ordinance back to TSAC and staff for revision.
#11 Discussion on fmal reading of Ordinance calling City Election for May 7,
2005.
Council indicated their readiness for this item to be finalized at the next meeting.
#12 Discussion regarding 2005 General Election Services Contract with Guadalupe
County Elections Officer and Contract Costs.
Mrs. Agee commented that contracting with Guadalupe County is a good deal.
. Council agreed they were ready to take action on this item at the next meeting.
#13 Discussion of tax abatement schedule.
Mr. Bierschwale advised this schedule is just for Council's information. Amy Madison,
Community Development Director, added this schedule is to streamline the process so
staff has plenty of time to plan ahead.
#14 Discussion on first reading of the following:
(a) Repealing Tax Abatement Ordinance 01-T-I0 and Tax Abatement Agreement
for and with Tadco/Tri-County Ltd. and establishing a new Tax Abatement
Ordinance and Tax Abatement Agreement with Verde Realty Master Limited
Partnership; and
(b) Repealing Tax Abatement Ordinance 03-T-13 and Tax Abatement Agreement
for and with Tadco Tri-County Ltd. and establishing a new Tax Abatement
Ordinance and Tax Abatement Agreement with Verde Realty Master Limited
Partnership II.
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Mrs. Madison pointed out Mr. Hunt is here to explain the transfer, which is perfectly
legal. Mr. Hunt stated they are transferring ownership to allow new capital structure.
They expect to break ground in 7 to 10 days.
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Mrs. Madison, saying she had been absent due to surgery, referred to an error in the
paperwork submitted and said it will be corrected.
Item (a) listed above is not a new ten-year agreement, it is only for seven years. Item
(b) listed above is a ten-year agreement.
Satisfied with Ms. Madison's explanation about the error, Council agreed this item
should be on next Tuesday night's agenda.
#15 Discussion pertaining to Texas Department of Housing and Community
Affairs in regard to tax credit application for affordable housing.
Mr. Greenwald, referring to the letter in Council's packets, said this is actually a request
for Council to make comments.
Mrs. Madison informed Council all of the Austenfield properties are currently under
contract with Paul Blackburn, a commercial site developer. Mr. Blackburn does not build
apartments, but would sell the property to a second party for that purpose. The
commercial property has also been discussed regarding a post office and possibly a new
library. The safety issue with the railroad has also been discussed.
Alan Bass, the Austenfield broker, mentioned property on the two corners at Elbel and
FM 3009, property from the drainage toward the railroad tracks, and property at Schertz
Parkway and Elbel.
Mr. Bass asked how they could accommodate the railroad tracks. There's a 100' buffer
between the tracks and development. He admitted he had no drawings for Council to see.
Mayor Baldwin pointed out the property that abuts the County offices presents a real
problem. The nearby subdivision is an R-l development and they are very vocal in
opposition to commercial development. They have tended to agree with the building of a
post office, but that takes a valuable piece of property off the tax rolls.
Mr. Wilenchik inquired how many apartment units they were considering and Mr. Bass
replied that the guy considering apartments pulled out.
Mr. Wilenchik then asked if they're considering affordable housing and if so, does that
include any tax credit housing. Mr. Bass stated that type of housing would be between
the drainage and the tracks at FM 78. Mr. Greenwald pointed out the safety issue with
Southern Pacific is atrocious. Mr. Wilenchik added that TSAC has written Southern
Pacific concerning speed.
Mr. Simonson stressed what we have here is a discussion about speculation. There are no
pictures and there is no presentation. Building apartments next to the railroad track is a
bad idea. That area would be good for more low-density construction such as more
storage facilities.
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Mrs. Madison mentioned if Council wants her to write a letter of response, she would
respond no to both ideas.
#16 Discussion regarding Investment Report and Financial Report and reporting
procedures.
Mr. Bierschwale reported he and Mr. Wilenchik had attended a seminar on investment
and it was very interesting. He wasn't sure whether or not Council was receiving
quarterly investment reports.
Mr. Bierschwale went on to say he thinks Council should have two members on the
Investment Advisory Committee. He would like to have Mr. Wilenchik as one of those
members. Mr. Douglas then asked how often they would meet and was told probably
every 30 days. Mayor Baldwin volunteered to be on the Committee. Mr. Bierschwale
said he would have Michael Spain tune-up the Investment Policy.
Mr. Douglas observed we have $298,000 in police forfeiture funds. Are there any
specific guidelines we have to follow to spend it? Mr. Bierschwale replied it's for capital
needs.
At this time Council took a short break and then moved to the Executive Session before
discussing items by the Interim City Manager, City Council and Mayor.
. #20 EXECUTIVE SESSION: Called under Chapter 551, Texas Govemment Code,
Section 551.074 Personnel Matters: Appointment, employment, evaluation, assignment,
duties, discipline, or dismissal of the City Manager - Discussion of employment of new
City Manager, including qualifications and search process.
An Executive Session was held from 8:51 p.m. until 9:20 p.m.
#21 Discussion and possible action on the subject ofthe above Executive Session.
There was no action required.
#17 Items by Interim City Manager
General Announcements
. Received a letter from the school district asking to participate in the May 7, 2005
General Election by sharing the Community Center facilities.
. Mentioned for those going to Austin on Monday, they will meet at City Hall.
. Advised the City receives money for school crossing guards from Bexar County,
but not from Comal and Guadalupe Counties.
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. Reported the new Police Department employee, Ruger, made a good haul in drugs
and cash.
. Mr. Wilenchik asked if the Humane Society is taking over the Animal Shelter and
Mr. Bierschwale answered he still needs more details.
#18 Items by Council
General Announcements
Councilmember Douglas
Liaison - UDC
Liaison - Schertz Library Board
Mr. Douglas had nothing to report.
Mayor Pro-Tem Simonson
4- B Board
Liaison - BVY A
. Stated we don't need any more Class C apartments. The Sebastian Apartments
are Class C apartments. We have our own Housing Authority and we have plenty
oflow-end housing.
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Councilmember Agee
4-B Board
Liaison - Schertz Housing Authority
Mrs. Agee had nothing to report.
Councilmember Wilenchik
4-B Board
Liaison - Schertz Humane Society
Liaison - HOA Coalition
Ex-officio - TSAC
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Asked what we found out about the selection of the Hometown Hero. Mayor
Baldwin replied all winners are selected by Time Warner. The one chosen this
year lives in Schertz, but most of her activities are in San Antonio. Mr.
Greenwald added the gentleman chosen from Seguin was not involved in any
children's programs. Mayor Baldwin said he would bring it up with the
gentleman from Time Warner, but we have to remember they follow their own
guidelines.
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Commented TSAC had been promised there would be no construction vehicles on
Wiederstein Road and that's where all the construction vehicles are going.
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. Asked if there was any update on the interconnectivity between
McDonald's and HER Mr. Bierschwale answered he found the minutes
where they committed to it. Mayor Baldwin said you have to run over the
curb to get into the bank. The lane is narrow and you can only get one car
in there at a time.
Councilmember Greenwald
4-B Board
Ex-officio - P&Z
Ex-officio- S/SLGC
. Noted the Planning and Zoning Commission met for only one hour last
night - they had a one and one-half page agenda. Among those items
discussed were the new medical center off Center Loop Road, Belmont
Park, and Royal Manufacturing off Doerr Lane. The new facility off Nell
Deane got its problems squared away. We're also getting a new IBC Bank
at FM 3009 and Arroyo Verde Road.
#19 Items by Mayor
General Announcements
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. Announced James Theisen from the Housing Authority is retiring and he
has asked that a plaque be presented to him at the March 1st Council
meeting.
. Mentioned he would like to see the next newsletter have an article about
abandoned and junked vehicles. Other departments should also be
observant of violations when riding around town.
. Stated Vi Galloway is retiring and the City is having a surprise party for
her on Friday, February 11, 2005 from 3:00 p.m. until 6:00 p.m. at the
Community Center.
. Announced the Northeast Partnership meeting will be held at 11:30 a.m.
tomorrow at Northeast Methodist Hospital. He gave the City Secretary a
copy of a Proclamation to prepare for the celebration of the first phase of
their expansion on February 25, 2005.
. Relayed that some of Congressman Cuellar's staff are going to meet with
representatives from the City once a month in the Conference Room at
City Hall.
#22 ADJOURNMENT
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There being no further business to discuss, Mayor Baldwin adjourned the meeting
at 10:09 p.m.
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ATTEST:
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City Secretary, City of Schertz, Texas
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Mayor, City of Schertz, Texas
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