ccspecwksp 03-29-2000
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SPECIAL WORKSHOP SESSION OF THE SCHERTZ CUTY COUNCIL
MARCH 29, 2000
The Schertz City Council convened in Special Workshop Session on Wednesday, March
29, 2000 at 7:00 p.m. in the Municipal Complex Conference Room, 1400 Schertz
Parkway, Schertz, Texas. Those present were as follows: Mayor Hal Baldwin,
presiding; Councilmembers Pia Jarman; Joe Potempa; Reginna Agee and Ken
Greenwald. Absent: Councilmember Glyn D. Williams. Staff present were City
Manger Kerry Sweatt and City Secretary Norma Althouse.
#1 HEARING OF RESIDENTS
No one had signed up to speak.
#2 Discuss SCUC ISD presentation regarding upcoming bond election.
Jim Davidson and Patti Gonzales gave a slide presentation of the bond package for the
SCVC ISD Bond Election scheduled for May 6, 2000. It consists of five propositions
totaling $76.9 million.
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Proposition Number 1 totals $57,320,000 for the construction and equipment of school
buildings in the district (the purchase of sites for a new high school and two new
elementary schools).
Proposition Number 2 totals $11,110,000 for the construction and equipment of school
buildings in the district (renovate and improve existing district and school facilities and
develop a new Agricultural Farm).
Proposition Number 3 totals $4,060,000 for construction and equipment of school
buildings in the district (renovate and improve Samuel Clemens High School athletic
facilities and other district athletic facilities).
Proposition Number 4 totals $3,475,000 for the equipping of school buildings in the
district (acquisition and installation of computers and other related technology and
networking equipment).
Proposition Number 5 totals $1,000,000 for the purchase of land for future school
building sites in the district.
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After the slide presentation, Mr. Davidson offered to answer questions. Mr. Potempa,
referring to sprinkler systems, said he thought there was a proposal with CCMA to use
gray water. Mr. Davidson indicated he didn't know and would investigate it. Mayor
Baldwin added that with Retama, the nursery and the new golf course, they have
probably allocated all they have at this time.
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Mr. Greenwald asked if a fleet service card system wouldn't be more economical than the
current system, but Mayor Baldwin explained they could buy in 1 O,OOO-gallon drops.
Mr. Potempa asked if there will be an elementary school off Schertz Parkway and Mr.
Davidson answered that depends on the price and availability of land.
Mr. Sweatt, referring to storage buildings, asked why finance $17,000 over a period of20
years. Mr. Davidson explained this was so they could all be purchased at the same time.
There were no further questions and Mayor Baldwin thanked Mr. Davidson and Ms.
Gonzales for their time.
#3 Discuss final reading of Ordinance regarding annexation of 16.616 acres of
land out of Comal County.
Mayor Baldwin pointed out they have held two public hearings and approved the first
reading of this ordinance and Council agreed they were ready for this item to be placed
on next Tuesday night's agenda.
#4 Discuss FM 3009 Sewer Project.
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Mr. Sweatt reminded Council they have a copy of a memo in their packets, on this
subject, from Mark Marquez and John Bierschwale. They are recommending an increase
in participation in this project for the initial cost, but anticipate the cost could be
recovered from future connection charges.
Some of the information contained in the memo was that the lift station is an initiative by
the landowners to assure sewer service in the future. Cal- Tex is currently constructing a
65,000 square foot building and is in need of sewer now, or a decision now, so they could
install a septic or aerobic system.
Currently one potential participant has decided to drop out and one potential participant is
unsure of his project and is likely to drop out. They are Monotech and Galo,
respectively. They have collected funds from Cal- Tex, Hardin Properties, Zemex, Vestal
Steel, Southeastern Freight and Theis Distributing for a total of $152,794.72. Several
other participants have tentatively committed to the project, but are waiting for funding
decisions from their corporate offices. They are Coronado Paint, Benavest and the
Gardner property for an additional $21,548.11.
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Should none of these properties participate, the City could need to place a maximum of
$93,598.12 in the fund for construction of this project. The process would be in the form
of a participation agreement the City has done in the past. The term they are requesting is
10 years. The Capital Recovery fund would expect to recover the majority of its funds
when those who have not joined find they must have sewer. If Council concurs with a
change to the ordinance that will require sewer connection if within 1200 feet, then and
even earlier return would be expected.
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Mr. Potempa asked what the requirement is in the current ordinance and Mr. Bierschwale
replied 300 feet. They would like it revised to 1200 feet bringing everyone to sanitary
sewer versus septic. Mayor Baldwin observed that could get expensive. Mr. Sweatt
explained in the end it would be more economical. For example, for one septic tank in
Comal County, you need 5.5 acres. Mr. Sweatt then mentioned that the existing policy
has always been not to require connection until the current septic system fails. Mr.
Marquez added septic systems would stifle growth because of needing more land.
Mayor Baldwin expressed some concern about the 1200 feet. Mr. Greenwald suggested
going 500 feet for residential and 1500 feet for commercial. Mrs. Agee noted that
probably anyone whose septic system has failed would want to connect. Mr. Potempa
wondered about passing an ordinance forbidding septic systems and Mr. Greenwald
commented that's okay if you provide them a sewer system.
Mr. Bierschwale pointed out, on the map, the area of the project site for the lift station.
He said one person is building their own lift station and some will get reimbursements.
Mr. Potempa inquired if the 1200 feet would include everyone and Mr. Bierschwale
answered yes - it would cover all 520 acres involved in the project.
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Mr. Sweatt remarked they believe that for $93,598.12 they can get the force main in place
and then revise the ordinance, which would recover the cost. Mrs. Agee asked if it would
be more expensive to buy in at a later date and was told that's correct.
Mayor Baldwin asked if everyone had been informed and Mr. Bierschwale replied yes.
Mr. Marquez added they have been working on this project for five years and the bid
price was very good.
Mr. Sweatt stated no action is necessary. They will move forward on the ordinance
revision. Council had agreed on Mr. Greenwald's suggestion of 500 feet for residential
and 1500 feet for commercial. They also agreed they were ready for this item to be
included on next Tuesday night's agenda.
#5 Discuss policy regarding naming of public facilities.
Mr. Sweatt advised that several meetings ago Council had asked that a policy be
established for the naming of public facilities and that a committee be formed to
undertake the task of coming up with a policy. They surveyed several communities and
found less than they thought had policies on this. Council had previously been furnished
copies from San Marcos, Friendswood and Baytown. The subject of naming facilites for
a living person, for the most part has not been dealt with.
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Mr. Sweatt then mentioned that the new public safety buildings would have wall plaques
dedicated. Mrs. Agee asked when they expect to be in the new buildings and Mr. Sweatt
answered in 30 days.
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Mr. Sweatt emphasized this policy for naming public facilities is not a pressing issue, but
they were asked to discuss it. Mrs. Jarman commented it is a good idea to have a policy
because it is a recurring subject. She, however, feels facilities, rooms, parks, etc. should
be named after someone posthumously. It is thought to be bad luck to name them after
someone who is alive. One of the policies from a different city mentioned the person
must have been dead for at least two years in case something comes out about
misconduct on their part.
Mayor Baldwin asked if everyone agrees they need a policy and everyone answered yes.
Mrs. Agee indicated she had gone through this type of controversy in the past. Mayor
Baldwin felt they need both Council and citizen input when a name is considered. Mrs.
Jarman agreed a citizen could submit a name, but they must follow the procedures set out
in the policy. They should go through the City Manager and the City Council.
Mayor Baldwin commented they probably need to go through the same process as they're
going through for the Rules of Conduct for Council. Mrs. Jarman volunteered to head the
committee. Mayor Baldwin suggested contacting Mr. Williams to see if he wants to
participate.
#6 Discuss park development in Lakewood Acres.
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Mr. Sweatt stated, as Council is aware, Bexar County has been working on a "buy-out"
program with property owners in the Lakewood Acres Addition that were damaged in the
1998 flood. While a number of owners have agreed to sell, there continue to be a number
of owners of both vacant lots and lots upon which buildings or structures still exist that
have not agreed to the offers. The City has been contacted by representatives of Bexar
County to determine if we have an interest in the use or acquisition of some or all of the
properties involved. They were told we are not allowed to spend money outside the City
limits, but would be happy to discuss it with Council.
The City has discussed possible joint use arrangements for items such as parks and
playgrounds, but there are no immediate plans to annex in that area. The value of the
land to the City would be somewhat diminished.
Mayor Baldwin commented it would make a beautiful park area, but then wondered how
you would ever get the residents there out of the total flood plain. Mr. Sweatt indicated
he thought the Commissioner's Court could use the power of eminent domain. Mr.
Sweatt went on to say that a number of years ago, the City contemplated annexation of
the area, but the residents were not interested in being annexed.
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Mr. Potempa asked, if in dealing with Bexar County, would the City of Schertz be
responsible for everything. Mr. Sweatt replied they have some reservations about that.
While they believe it is to the City's regional benefit that Bexar County continue to
pursue buy-outs and clearing of the area, they don't feel the City would directly benefit
from some type of joint undertaking with the County at this time.
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Mr. Greenwald noted he has eight employees who live in the area and they have not yet
been contacted by Bexar County. Mrs. Agee remarked she doesn't think it's feasible and
the City can't expend money in the area.
After some discussion about possible annexation, the consensus of Council was not to
take any action in the area at this time.
#7 Discuss changes to Pro-Logis Tax Abatement Agreement.
Mr. Sweatt advised that Council previously approved a tax abatement for Pro-Logis for a
160,000- square foot building in Tri-County Business Park. A new ordinance would be
required since there is a substantive change to the agreement.
The one noteworthy change is in the area of assignment. Pro Logis' s business is to build
commercial/industrial buildings for lease, and they have always been concerned about the
assignment provision. In developing the agreement for the first building, the City
allowed that assignment of the abatement would be permitted provided the new owner
met some very stringent arrangements. Pro-Logis now wants to modify that language in
the agreement. The new language provides for assignment, without City consent,
provided the same stringent requirements are met.
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Mr. Sweatt, asking Council to refer to the memo from him, went on to say the new
language goes as follows: "This agreement may be assignable to a new owner without
the City's consent provided: i) the net worth of the assignee is over $25,000,000 or a
lesser amount with the City's consent; ii) the assignee's primary business is
ownership, operating and managing real property; Hi) the Company certifies to the good
reputation of the assignee; and iv) the assignee assumes the Company's obligation under
this agreement. Failing any of the above provisions, this agreement may be assignable to
a new owner only with prior approval of the Schertz City Council at a regularly
scheduled meeting. The Company shall notify the City of any assignment within
thirty (30) days. The bolded areas are the substantive changes.
The City doesn't find a problem with the changes - they do not believe they harm the
City's position. The City Attorney concurs.
Mr. Potempa asked why they don't want the City to know. Are they being secretive?
Mr. Sweatt replied no, they just want guarantee of assignment. Mr. Potempa then asked
why they are keeping the City out of the information and Mr. Sweatt answered they don't
want an obstacle. The City could currently hold consent. It's a legal obstacle.
Mrs. Agee inquired if they could be thinking about the essence of time and it costing
them a sale. Mr. Sweatt replied that is the case.
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Mayor Baldwin asked what the downside is to the City and Mr. Sweatt replied he
couldn't think of any. He theorized the assignee could possibly be someone they don't
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care for, but didn't think that was very likely. Mr. Potempa inquired if the City has any
recourse in case of trouble and Mr. Sweatt answered they have litigation.
After being asked by the Mayor, Council agreed they were ready for this item to be
included on next Tuesday night's agenda.
#8 CITY MANAGER'S REPORT
. Informed Council he would like to place on their agenda for next week, if they have
no objection, the appointment of Dinah Heilmann and Robert Bennett to the
Economic Development Task Force. Council did not object.
. Explained two resolutions that will have to be acted on at a future meeting regarding
canceling the election and declaring those who have filed elected.
. Noted Bordertown is supposed to be open by April 2nd.
#9 ITEMS BY COUNCIL
Mr. Greenwald:
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. Distributed a letter for Council to read regarding Bob Bomer's request for a variance
to the tree mitigation requirements. Planning and Zoning disapproved it, but Mr.
Bomer, after speaking with Steve Simonson, withdrew the request beforehand
anyway. Mr. Bomer, however, has eliminated one of the entrance roads. You will
now have to go to FM 1518 to enter.
. Questioned what caused the large jump in the City of Garden Ridge sales tax. Mr.
Sweatt replied he did not know, but would look into it.
· Announced opening day for BVY A is this Saturday at 9:00 a.m. Mr. Potempa asked
if a family has to live in the City limits for their child to be eligible to participate in
BVY A activities. Mrs. Agee noted an out-of-City person has to pay a higher fee. Mr.
Greenwald answered that according to their agreement, 90% of those participating
have to be in the City. Following this, there was a brief discussion about the need
for more practice fields.
. Stated there was a meeting last week of the Schertz/Seguin Local Government
Corporation and they are going out for bids on the frrst water well.
#10 ITEMS BY MAYOR
. Commented they continue to get feedback about what a coup the joint venture
between Schertz and Seguin is in regard to an alternate water source.
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#11 ADJOURNMENT
There being no further business to discuss, Mayor Baldwin adjourned the meeting at
8:55 p.rn. ~ /.
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Mayor, City 0 Schertz, Texas
ATTEST:
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City Secretary, City of Schertz
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