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ccpzjs 10-10-01 Schertz City Council and Planning and Zoning-Joint Session Wednesday, October 10, 2001 The Schertz City Council and Planning and Zoning convened in Joint Session on Wednesday, October 10, 2001 at 7:00pm in the Municipal Complex Conference Room, 1400 Schertz Parkway, Schertz, Texas. Those present were as follows: Mayor Hal Baldwin, presiding; Councilmembers Norma Head, Reginna Agee, Tim Swinney, Ken Greenwald, Billy Pitts, and Planning and Zoning: David Richmond; Chairman, Ernie Evans; Vice-Chair, Commissioners Tony Moreno, and Joyce Briscoe. Absent Commissioners Keith Van Dine, William Sommers, and Gary Wallace. Staff present: Dewey Cashwell City Manager, Ron Youngblood City Planner, and Mary Ybarra Planning and Zoning Secretary. Mayor Baldwin called the meeting to order at 7:00pm. #1 Hearing of Residents: Thaddeus Kelly reported he filed an appeal on the Board of Adjustment's decision to approve the request for a storage facility for a RV motor home. He felt everything he has tried to do to get some answers has resulted in a dead-end. Mayor Baldwin stated this is a Planning and Zoning issue. Mr. Youngblood noted it would be going back to Planning and Zoning tomorrow night (October 11,2001). Mayor Baldwin informed Mr. Kelly that Planning and Zoning and City Council would be discussing that item tonight. It would be a closed meeting without citizen input, but Mr. Kelly could still listen. #2 Approval of Minutes: Special Workshop Session Regular Session Special Workshop Session Regular Session Special Budget Workshop Special Workshop Session 8-1-01 8-7-01 8-15-01 8-21-01 8-22-01 8-29-01 Mayor Baldwin asked that City Council. hold off on approving the minutes tonight, as there are some corrections that need to be made. #3 Presentation by Chief Smith on forfeiture funds received by the Department: Chief Smith briefly talked about the money the Police Department acquired due to the DEA task force confiscating drugs and other illegal items. The total amount confiscated was around three million. Chief Smith noted that a portion of the money may be used to upgrade current software and for cameras in the squad cars. #4 Discuss and take action on rejecting the Request for Proposal (RFP) from Encino Automation, LLC for the SCADA Upgrade and Site Additions: 5 Mr. Cashwell explained SCADA is important for controlling the water system and other elements Mr. Bierschwale stated the SCADA system is what the City uses to control the well sites and to read what kind of levels are inside the well tanks. The lift station needs to be added to the system. The bid that came in is enough replace the whole system and that is not needed. the system that the City has now is a very good system and just needs some additions. The bid that they received was too high, so Mr. Bierschwale is asking Council to reject the bid. He is hoping to get two or three new bids for comparison. Mr. Pitts asked how many people bid on it originally. Mr. Bierschwale reported that only one bid was received. Mr. Pitts then asked what would be different about the next group of bids. Was the first group not specific enough? Mr. Bierschwale explained they were specific enough, the company just wanted to go away from the current frequency that the City is assigned by FCC and go to another frequency that is not regulated by FCC. Mr. Pitts asked what assurance the City has that there would be more people interested in the bid the next time. Mr. Bierschwale answered none. They are just going to pan the market until they can get someone to respond. Mr. Pitts asked if the City is behind the times in the technology of this item. Mr. Bierschwale stated they are waiting for an e- mail from the FCC to answer that question. Mr. Willoughby explained there is no problem with the current frequency, they just need a repeater to reach the outer distances. Without further discussion, Mr. Greenwald moved to reject the bid from Encino Automation, LLC for the SCADA Upgrade and Site Additions. Mr. Swinney seconded the motion, which carried with the following votes: AYES: Councilmembers Head, Greenwald, Agee, and Swinney NAYS: Councilmember Pitts #5 Discuss and take action on rejecting all bids for the Schertz Parkway Reconstruction Project: Mr. Cashwell reported the City received six bids for the Schertz Parkway Project. Five out of the six bids were for an amount in excess of the amount that is available for the project. It was later found that the project should take even less money to complete, so the City would like to reject all of the bids and try and find the best bid for the job. Mr. Ford explained the majority ofthe dollar is for channel excavation. There is no place on the plans that designates the disposal and the City still does not have the right-of-way for the drainage channels. The property owners are requesting that the dirt excavated out of the channels remain on their property. He further explained some of the dollar amounts. 6 Mrs. Head asked if the City was premature in asking for bids before it had all the information. Mr. Ford felt that had a lot to do with it. Mayor Baldwin asked how many feet on each side of Schertz Parkway the drainage would include. Mr. Ford answered 1000 feet on each side. Mayor Baldwin asked what the status is on the FEMA grant for the channel. Mr. Cashwell stated the City should hear something within the next couple of months. It was noted Ford Engineering is managing the bidding process and there should have been a pre-bid conference on the project. That was not done because the project engineer had not set it up. Mrs. Agee asked if the rights-of-way are going to be finalized before they go out for bids again. Mr. Ford yes they will. Mayor Baldwin asked the width of the channel. Mr. Bierschwale answered the width is going to be 180 top to top and 300 ground to ground. Without further discussion, Mrs. Head moved to reject all bids for the Schertz Parkway Reconstruction Project. Mr. Pitts seconded the motion, which carried with the following votes: AYES: Councilmembers Head, Agee, Greenwald, Swinney, and Pitts NAYS: None #6 Discuss and take action on first reading of ordinance for loan purchase of new fire engine: Mr. Cashwell explained the original plan was to acquire some low interest funds from Economic Development. It was decided, however that would not be the most economical. The City then went back to Southwest Securities where they received a favorable number. Mr. Cashwell asked Mr. McLiney to explain further. Mr. McLiney reported the interest rates that came back from the banks were between 6 v.- 6 WYO, but the bonds are not bank qualified, which means the bank would not get the full credit of the interest so the bank would need a higher interest rate to get the same equivalence. Mr. McLiney noted there is a mutual fund here in Schertz that buys municipal bonds on a regular basis (avoiding the middleman) and then sells them to their investors. This business wants to move forward and does not want to wait until December, which is why the first reading of this ordinance is before City Council tonight. Mr. McLiney felt this is a very good offer and they should move forward. The interest rate is 2.90% for the first year and goes up to 4% on the last year. The average is 3.55%. 7 Mayor Baldwin introduced an Ordinance and read the caption as follows: AN ORDINANCE AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE ISSUANCE OF "CITY OF SCHERTZ, TEXAS TAX NOTES, SERIES 2001", LEVYING AN ANNUAL AD VALOREM TAX, WITHIN THE LIMITATIONS PRESCRIBED BY LAW, FOR THE PAYMENT OF THE NOTES; PRESCRIBING THE FORM, TERMS. CONDITIONS, AND RESOLVING OTHER MATTERS AND INCIDENTS RELATED TO THE ISSUANCE, SALE, AND DELIVERY OF THE NOTES; AUTHORIZING THE EXECUTION OF A PAYING AGENT/REGISTRAR AGREEMENT AND A PURCHASE AND INVESTMENT LETTER; COMPLYING WITH THE REQUIREMENTS OF THE DEPOSITORY TRUST COMPANY'S LETTER OF REPRESENTATIONS; AND PROVIDING AN EFFECTIVE DATE. Without further discussion, Mr. Swinney moved to approve the first reading of an ordinance for loan purchase of new fire engine. Mr. Greenwald seconded the motion, which carried with the following votes: AYES: Councilmembers Head, Agee, Greenwald, Swinney, and Pitts. NAYS: None City Manal!er ReDort . After study was done, it was determined that the intersection of Deer Creek and FM 3009 warrants a traffic light. . Provided copies of evaluation documents . Passed out invitations to the Business Appreciation Dinner #7 Discuss issues related to Planning and Zoning and Community Development, including such items as: . Unified Development Code (UDC) . Growth and Development . Code Enforcement . Comprehensive and Strategic Plan . Economic Development . Sign Board Unified Development Code It was noted the final document of the UDC would be ready this week and distributed by the joint meeting (Planning and Zoning, Land Use Committee, and Board of Adjustment) on October 29th. Growth and Development 8 Chairman Richmond asked about the multi-use development on FM3009/Elbel Road/FM78. He asked how City Council decided to approve it. Mr. Pitts informed Chairman Richmond there was some clarification and added information provided by the developer that helped Councilmembers better understand the development, therefore approving it. Mr. Swinney felt Council did not have a true understanding of the situation. Mrs. Agee stated if the City would have kept disapproving the plan, the owner would have sold off pieces and then the City would be dealing with several developers instead of just one. Mr. Evans brought up the IH-35 access road and stated Planning and Zoning is not going to allow the creation of the same kinds of problems on the access road as what they have on FM3009. There was some talk about the acceleration/deceleration lanes and it was stated the City is going to try and make the developer put in those lanes. Chairman Richmond noted to City Council that Planning and Zoning is not anti-school district, but he feels they need to stop dropping things off at the last minute and then expect staff to get everything together in time for a meeting. Chairman Richmond stated the Planning and Zoning Commission is going to treat the school district like any other person who would come before them and if they don't have their "T's crossed and I's dotted" then they are going to be disapproved until they come back with the corrections. Mayor Baldwin talked a little about the plan for the new school. There was much discussion and debate about the chain link fence versus the Masonry fence and whether or not there should even be a fence. Planning and Zoning noted the reason for the fence is for the safety of the children. They do not want the kids to wander near the road. It was stated the planning for the location of the playground was very poorly done. Chairman Richmond thanked City Council for discussing the school district issue. Sign Board A gentleman had come to the meeting to talk about the Sign Ordinance and Mayor Baldwin informed him tonight's meeting is only for City Council and Planning and Zoning to discuss the issue. Mayor Baldwin then told the gentleman he could come back to the next City Council meeting and would be given an opportunity to talk about signs then. Chairman Richmond put together a proposal to change the Sign Ordinance and is having Mr. Spain look it over to see what can be done. Chairman Richmond reported that hopefully it would be ready within the next two weeks. There have been a number of people who have come into City Hall and asked about adding signs to the IH-35 billboards. He would like to create a municipal signboard. Mayor Baldwin felt signs are very important for many businesses. These sings bring in a lot of money for the business that is advertising and if the City starts eliminating the signs, there are going to be a lot of businesses that are going to start complaining. 9 Chairman Richmond felt the main focus of this new signboard and Sign Ordinance is to limit the off-premise signs. He stated the majority of the signs along IH-35 are not even businesses in the City of Schertz, they are advertisements for other things. Chairman Richmond felt developments or businesses on FM78 should not be advertised on FM3009 and this new Sign Ordinance could prevent that from happening. He informed Council the new Sign Ordinance would not be a total revision, just one section. Mr. Pitts requested Chairman Richmond make up a list of at least ten cities that have good Sign Ordinances and he will go and talk to those cities. Chairman Richmond agreed to do so. The question came up of what off-premise signs are going to be allowed. The ordinance is going to have to be very specific. Chairman Richmond felt the Sign Ordinance could be a good, workable solution to the sign problem. Mrs. Head commented that every decision the City makes should be looked at from the point of view of "how is this going to effect Schertz ten years from now". Chairman Richmond stated the new Comprehensive Land Plan deals more with the issue of long-term affects. Mayor Baldwin asked if anyone had anything to add before adjournment of the meeting. Mr. Swinney commented FM 78 and Main Street have been neglected for far too long and something needs to be done. Mr. Cashwell stated there is an Urban Design Team looking at the key elements of the community and exactly how that could be tied together to recapture some of the old history. There was brief discussion regarding the annexation of Northcliffe and Scenic Hills. Mayor Baldwin talked briefly about at meeting in Live Oak that he and some other Councilmembers had attended. Chairman Richmond asked about the status of the grant requests for Cibolo Creek and surrounding areas. Mr. Youngblood informed him that the City missed the Texas Parks and Wildlife grant, but will know something about the TXDoT grant in November. The Sam's Club grant was received for the amount of $500.00. Mr. Evans suggested City Council look ahead to the future when making decisions about requests. 10 Mr. Cashwell announced the kick off of the United Way campaign will be held on Friday, October 12th. He also mentioned a joint meeting with Cibolo on October 17'h. #8 Adjournment: There being no further business to discuss, Mayor Baldwin adjourned the meeting at 9:45pm. r Mayor, City of Schertz, Texas ATTEST: ,j MMw 7Ah-r/?J /ft.M Cif; Se'ret~City of Schertz, Texas 11