ccwks 04-27-2005
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COUNCIL - WORKSHOP SESSION
WEDNESDAY, APRIL 27, 200S
The Schertz City Council convened in Workshop Session on Wednesday, April 27,
200S at 7:00 pm in the Municipal Complex Council Chambers, 1400 Schertz
Parkway, Schertz, Texas. The following members were present: presiding, Mayor
Hal Baldwin, Conncil Members Carl Douglas, Steve Simonson, Tony Wilenchik and
Ken Greenwald. Absent was Council member Agee. Staff members present Interim
City Manager Johnny Bierschwale and Deputy City Secretary Mary Ybarra.
Mayor Baldwin opened the meeting at 7:00 pm.
#1 HEARING OF RESIDENTS
Roberto Salas. 1041 Gettysburg Dr. brought up the following:
. Has there ever been a Hispanic on Council? He believes Gutierrez would be a
good one.
· Mentioned the need of homeless facility as well as low-income facilities. Pointed
out he knows someone in need of prescription assistance. Is it available? He was
informed there is assistance and advised him to let the City know, in order to get
this individual to the proper facility.
. Reported trailer trnck (carrying lawnmowers), with no lights and no rear yield
signage, and inquired if usage of rear yield signage was still required. Mr. Salas
was instructed to contact Chief Starr.
Robert Brockman. 1000 Elbel Road commented on the following:
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Thanked the City Police Department for hiring crossing guard on a timing
manner.
Asked that the timer for Library lights be checked out, it might need to be reset.
Advised receiving a call from Representative Kuempel reference signage on
FM78. Signage has been placed. He asked if he could be of any further assistance
and he informed Representative Kuempel the need of directional sign to Animal
Shelter on FM 3009. He was advised the matter would be researched Interim City
Manager Bierschwale wished him luck and promised to buy lunch if sign was
approved. The City has requested such a sign, however at no avail.
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#2
APPROVAL OF MINUTES: Special Workshop Session-March 30, 200S
Regular Session-April S, 200S
Council member Douglas moved to approve the minutes of Workshop Session of March
30, 2005 and Regular Session of April 5, 2005. Council member Greenwald seconded the
motion, which carried with the following votes:
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AYES: Council Members Douglas, Simonson, Wilenchik and Greenwald.
NAYS: None.
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#3 CCMA briefing by representative.
David Dennis, CCMA representative reported CCMA Board has approved a rate increase
of$.30 per 1000 (wastewater treatment), which would go into effect October I, 2005. He
briefly touched on the reasons, and indicated that CCMA has spent money on capital
projects in the past five years and currently spending and would be spending
approximately 16 million dollars. Projects consist of the following:
. Deer Haven project, pump station Dietz Creek and purchase of land for Bio solid
application, buffer zones around plant and pump station in Santa Clara water
shed.
· OJR wastewater modifications to Plant, due to pennit change, which is mandated
by the State.
. Plant is 30 years old and electrical is being replaced.
. Odor control System
He went on to give information on fiscal requirement and indicated budget covers,
salary, maintenance, operation and debt service. He reported on the flow revenue and
what current rate is bringing in. He pointed out that this is the second rate increase in the
last (20) twenty years and explained money collection from various accounts (Cities). He .
went on to explain the break down on the current rate versus the rate increase and points
out that a residential household would see a CCMA rate increase from $9.60 to $11.40
per 1000 based on 6,000 gallon monthly consumption. At this time, he made rate
comparison related to wastewater treatment in surrounding cities and indicated that
currently Schertz residents are paying $14.60, (of which $9.60 goes to CCMA) with the
new rate, residents would pay $15.87, (of which 11.40 goes to CCMA). In comparison
the average rate is approximately $25.00 for wastewater treatment and believes CCMA
with its rate increase is not placing the City in a noncompetitive situation.
#4 Discussion on request from JSL Development Corporation regarding
property on Ware Seguin Road and Lower Seguin Road.
Interim City Manager Bierschwale reported on discussion the City had with developer
Mr. Shannon Livingston, and Mr. Sam Hughes, City Manager of Converse relative to
property along Lower Seguin Road and Ware Seguin Road that he is requesting de-
aunexation from the City of Schertz. Mr. Bierschwale indicated the two parcels on the
map for Council. Both parcels are in APZ flight wne and developer made several key
point concerns relative to utility services (two different cities) and his inability to recoup
on extension of utilities through the City of Schertz because of restrictive development
within the APZ flight zone. The proximity of parcels is close to the City of Converse (has
water and sewer system) and can provide these services. For the City of Schertz to
provide these services, the City would have to contract with the City of Converse, which
would add an additional cost to developer. Another concern is provisions of emergency
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services, however this is no longer an issue due to interlocal agreements between
surrounding cities and Schertz to provide emergency service.
Mayor Baldwin inquired if there is a possibility of a land trade? He was advised that the
City of Schertz could at a later date convey to the developer, the cities wishes for certain
considerations (land). Mr. Bierschwale recommends as well as staff, if Council so desires
to go forward, is to require, (because intersection of 1604 and Ware Seguin Road is very
congested and lots of near misses) the City of Converse to go through San Antonio and
tie into red light intersection, giving Schertz residents a better entrance onto 1604.
Mayor Baldwin stated he doesn't see a problem giving up the two small corners and it
seems a very reasonable request.
Council member Simonson stated he liked the idea of trading, it holds a lot of merit,
especially for the protection of Randolph, of which the City has always strived for. He
went on to say that he has no problem with the de-annexation of the parcels, if works
with San Antonio could work out to acquire corner property in question.
Interim City Manager Bierschwale stated he would convey Council suggestions and
thoughts to all interested parties.
#5 Discussion on contract regarding legal services for City Prosecutor.
. Interim City Manager Bierschwale is recommending the City continue its agreement with
Mr. Darrell S. Du11nig, City Prosecutor. He has done a great job for the City. He
recommends an increase from $400 to $600 a month and an additional $150 per jury trial
appearance for a combined estimated cost of $8,450 per year, depending on jury trails.
The estimated cost was figured on 15 jury trials to the end of the fiscal year, however this
month eight jury trials are scheduled.
It was Council consensus to include this item on next Tuesday night's agenda.
#6 Consider and take possible action regarded EMS collection fees.
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Dudley Wait, EMS Director explained that work has started on getting new collection
agency on board, however would like to add another feature to the process. Because the
collection agency charge is 30% of any thing collected, the only amount EMS will see if
an account is fully collected would be 70"/0 of charges. Would like to initiate a "collection
fee" to be added to referable accounts sent for collection. He went on to explain
procedures currently in place and added that notification would be added to invoices and
correspondence, that if account were referred to collection there would be a 30% charge
added to total amount to pay for collection fees. He further explained, that City Attorney
has been contacted regarding the process and has advised that there are no legal means
that would prevent the City from collecting the fee. Notification to patients would keep
the City in compliance with the Fair Credit and Collection process. Also, if Council so
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desires to approve, EMS could successfully implement by May 1, 2005, which would .
lead to additional revenue and of course limit lost revenue.
After a brief discussion, Council member Greenwald moved to approve EMS collection
fees. Council member Wilenchik seconded the motion, which carried with the following
votes:
AYES: Council members Douglas, Simonson, Wilenchik and Greenwald.
NAYS: None.
#7 Discussion on final reading repealing Ordinance 05-C-04 relating to Fire
Department and establishing new Ordinance.
Interim City Manager Bierschwale reported there are no changes and Ordinance is ready
for consideration.
It was Council consensus to include this item on next Tuesday night's agenda.
#8 Discnssion on Public Hearing scheduled May 3, 2005 on request from JMLG
requesting to rezone 61.295 acres from Pre-development District (PD),
General Business District (GB) and ApartmentlMulti-family Residential
District-4 (R-4).
Amy Madison, Economic Development Director explained the rezoning issue and
indicated on the map the area of the proposed rezoning to Council. The applicant is
present this evening and reminded everyone that this evening the issue before Council is
the upcoming Public Hearing on the matter.
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Mayor Baldwin stated that it has been brought to his attention that Mr. Sandoval
(applicant) is the responsible party for the extension of sidewalk out in Woodland Oaks.
Council thanked Mr. Sandoval for his participation and cooperation it was very generous.
There was no further discussion on matter and Public Hearing would be held at next
Tuesday night's meeting.
#9 Discussion on Ordinance to authorize the issuance of Certification of
Obligation.
Interim City Manager Bierschwale explained that at next Tuesday night's meeting, Mr.
Mark McLiney and Mr. Spain would be providing a resolution and ordinance for the
bond obligation for water improvement program series 2005 in the amount of 3.2 million.
These items are standard procedures in the process of the bond issuance. There will also
be a bond resolution for the Schertz/Seguin Local Government Corporation. These issues
are for consideration and action by Council. He added, that the Corporation would be
meeting Monday, (in Seguin) at which time would be taking action on the matter.
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There was no further discussion by Council on the matter and item would be placed on
Tuesday night's agenda.
#10 Discussion on annual 4th of Jnly Jubilee celebration ofthe following:
a. Variance reqncst to extend closing hours of Pickrell Park.
b. Resolution regarding alcohol consumption for the 3rd and 4th of July.
c. Contract between the City of Schertz and SBA relative the 4th of July
Jubilee.
Interim City Manager Bierschwale explained that the only change requested by SBA is to
the contract. SBA is requesting an increase to musical entertainment from $500 to $1000
and fireworks display from $1750 to $3750. The other two requests are variance to
extend the closing time, and resolution authorizing alcoholic consumption for the dates of
July 3rd and 4th of July.
It was Council consensus to include this item on next Tuesday night's agenda.
#11 Briefing on Relay of Life event scheduled April 29-30, 200S at Pickrell Park.
Interim City Manager Bierschwale reminded everyone of the Relay of Life event
scheduled Friday through Saturday morning and advised that he has waived the noise
Ordinance as past City Manager has done for the American Cancer Society, as well as the
extended hours of the event. He welcomes everyone and hopes to see everyone there. It
will be a fun event for all families. Kimberly Parks has done a fimtastic job on the City's
behalf; she has really worked hard this year.
#12 Discussion on Tax Abatement and Tax Abatement Agreement for Valero
Diamond, L.P.
Mrs. Amy Madison, Economic Development Director passed out a revised tax abatement
agreement for Valero Diamond, L.P. and briefly explained the reason for the revision.
She went on to explain Economic Development Commission approved the abatement on
an annual abatement of 90 percent for period of 10 years. The abatement is based on
capital investment of $2,606,747 (real property improvements), $5,555,106
machine/equipment (personal property). The site is a distribution center for Diamond
Shamrock stores throughout the State and their annual payroll would be over 5 million
dollars. She went on to explain the break down of the abatement percentages and
indicated that 369.59"10 is the total percentage authorized. With the use of extension table,
Valero Diamond, L.P. qualifies for an abatement percentage of 90% for a period of ten
years, and valorem cash revenues cover the annual cost of the abatement by a minimum
ratio of 1.5 to I, and total revenues cover the cost of the abatement by a ratio of 4.67 to 1.
Mrs. Madison stated the facility is "state of art" and if Council desires could arrange a
tour for those members that were unable to attend the grand opening.
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There was a brief discussion on the matter of abatement on building given to the previous .
tenant, and it is believed it's for another five years; the current abatement request is for
improvements (machinery/equipment) of existing facility. It was pointed out the area is
an established reinvestment zone and that construction followed guidelines and criteria
established under City Ordinance.
The item would be brought forward at next Tuesday night's meeting.
#13 Discussion on Tax Abatement and Tax Abatement Agreemeut for Altee
Schertz, Ltd.
Mrs. Madison, Economic Development Director informed Council that the area has an
existing reinvestment zone. She noted the EDC approved the abatement from Atlee
Schertz, Ltd. for an annual abatement of 48. 5% for a period of five years. The abatement
is based on capital investment of $2,000,000 in real property improvement. The facility is
planning to construct a 21,000 square foot medical office building. The project would be
bnilt on 2.097-acres, located at FMJ009 and Corridor Loop Road. Currently, negotiations
are ongoing with potential tenants (tenant list provided). She went on to explain the
abatement percentages and indicated the total percentage authorized would be 48.50%
(capital improvements) for a period of five years and total revenues cover the cost of the
abatement by a ratio of 1.99 to 1. The total abatement for the five years is $18,851.60 and
bringing in revenues of$38,869.30.
The item would be brought forward at next Tuesday night's meeting.
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#14 Discussion of repealing Tax Abatement Ordinance 04-T-36 (Safeguard
Secnrity Services, Ltd.) and reassignment of Tax Abatement and Tax Abatement
Agreement to Realtex Holdings, 3009, L.P.
Mrs. Madison, Economic Development Director explained the request before Council is
to repeal Ordinance 04-T-36, which Council approved earlier and gave a brief overview
of the original abatement; remaining years of abatement and the 1998 rate of 82.22% that
was given to the original development (Alamo Packaging). The current development is
requesting a name change to Realtex Holdings, 3009, L.P. due to internal changes within
the company. Staff requested detail information on the changes and found that although
the owners are in family; number of owners and percentages changed initiating a transfer
from the current name of Safeguard Security Services, Ltd. to Realtex Holdings, 3009,
L.P. The request has received approval from the Commission and for Council review are
attachments of documents. She also, noted that the applicant would be required to pay for
attorney fees prior to final approval by Council. She emphasized that nothing changed
with the abatement, but rather an administrative change.
She went on to say that discussions are ongoing with City Attorney relative to
establishing safeguards to the transfer business, particularly name changes.
The item would be brought forward at next Tuesday night's meeting.
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#15 Consider and take possible action regarding Salary Study.
Interim City Manager Bierschwale stated that he has gone back (Council request) and
contacted local cities to acquire comparisons locally. The city's not responding to the
survey were Garden Ridge, Selma and Cibolo. The plan that he is requesting for Council
consideration is Plan A. It would cost General Fund $303,981.00; Water Fund $48,937;
EMS $54,906 and 4B $2,494 and Drainage/Utility $6,554 for a total of $4 16,872. Plan B
would cost $362,988 and would only cover half of staring salary entry-level positions.
The way the package is designed it covers all exempt employees. The comparisons are
attached for review as well as a list of positions (job class) and recommended increases.
He went on to say that with the increase the City stays competitive and the money is
available.
Council member Douglas stated he believes this is something that needs to be done for
City employees.
After a brief discussion, Council member Douglas moved to approve regarding the salary
study, "Plan p,:' as presented and retroactive back to April 16th Council member
Greenwald seconded the motion, which carried with the following votes:
Before a vote was taken a brief discussion followed regarding the need for an annual
update to make sure the City stays in the market relative to employee base and salary
base. Council was advised that at budget time certain positions would come before
Council for consideration that need fixing. It was also mentioned that the responsible
party would be with the City Manager.
At this time a vote was taken and the vote is as follows:
AYES: Councihnembers Douglas, Simonson, Wilenchik and Greenwald.
NAY: None.
#16
Items by Interim City Manager
General Announcements
. Mentioned that staff and City Attorney met regarding the Moratorium and will be
corning forward with recommendations.
. Mobile home has been placed at the EMS sub-station and is under going
remodeling.
. McDonald and Diamond Shamrock is still at war; still haven't worked out their
issues.
. Contractor (ASC) is correcting island and expanding the entry way 10' wider at
FM3009.
. Council has been provided with ill badges and some have already tried them out
and they work. Council may start parking in the back if they so desire and enter at
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rear doors. It was Council consensus that they would park at the rear of the .
building.
#17 Items by Council
General Announcements
Council Member Douglas
Liaison - EDC
Liaison - Schertz Library Board
. Mentioned parking issue having to do with parking along Elbel Road and the need
of enforcement.
. Asked if weight limit of 15,000 Ibs include all streets in the City and was advised
with the exception oflocal deliveries of anything.
. Inquired if the City was in the process of installing bullet resistant glass at the
Police Department. He was advised the department is looking at cost, etc. What
funds can be utilized, and if those funds cannot be used he believes the City needs
to come up with the money for certain areas of the City.
Council Member Simonson
Liaison - BVY A
. Mentioned that his wife Carol is very happy that the road to Wal-Mart is finished, .
she can get to the store.
Mayor Pro-Tern Agee
Liaison - Schertz Housing Authority
Liaison-Guadalupe County Children's Advocacy Center
. Absent.
Council Member Wilenchik
4-B Board
Liaison - Schertz Humane Society
Liaison - HOA Coalition
Ex-officio - TSAC
Investment Advisor
. Reported on the Humane Society held last evening and noted there was not a lot
to report.
. Doggy Dash is coming up on the 21 st of May.
· Referred to not having a speed limit sign along a stretch of FM78. The issue is
being worked up Public Works.
. Thanked Debbie Gildea for the article in the Schertz Tales on the Doggy Dash.
· Mentioned he would be out of town on meeting night of the 11th and possibly the .
17th
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Council Member Greenwald
4-B Board
Ex-officio - P&Z Commission
Ex-officio - S/SLGC
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Referred to TML seminar relative to Ethics seminar for Texas local government
officials. The seminar is being held in Bastrop.
#18
Items by Mayor
General Announcements
. Asked if Council was interested in having a public reception for the new City
Manager? Council was in agreement to hold a reception. The Mayor advised Mr.
Taylor would report to work on the 16th of May. Let's plan the reception as
quickly as it can be scheduled.
. Mentioned his cousin lost his daughter and would be leaving Saturday morning to
attend the funeral. He has an obligation Saturday night that he asked Council
member Agee to attend in his place, however he would like someone to drive up
with her. He was advised that would not be a problem, staff is going up there
anyway.
Interim City Manager mentioned that Norma's retirement is planned for June 28th
#19 ADJOU~NT
There being no further business, Mayor Baldwin
ATTEST:
retary, City of Schertz, Texas
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