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04-09-03 .-- ) CITY COUNCIL MINUTES SPECIAL WORKSHOP SESSION APRIL 9, 2003 The Schertz City Council convened in Special Workshop Session on Wednesday, April 9, 2003 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, Tony Wilenchik and Ken Greenwald. Absent: Councilmember Reginna Agee. Staff present were City Manager Mark Marquez and City Secretary Norma Althouse. #1 HEARING OF RESIDENTS Robert Brockman of 4505 Grand Forrest had the following comments: . Thanked the City for the Big Splash ceremony. It went very well. . Thanked the staff for the porta-potties at the ballfields out back of City Hall. . Mentioned again he has been pushing for a new City Hall and expects to see it on the agenda. \ ) . Stated Clovis Haddock was sworn in as a member of the Planning and Zoning Commission last night. They have quite an extensive Oath of Office. Ramon Cook of 913 Dimrock had signed up to speak on Item #7, discussion of Woodland Oaks Project, and when asked by the Mayor if he would like to wait until that item comes up, answered he would wait. At this time Mayor Baldwin moved up Item #8, Walk through of Church property. The Mayor, those Councilmembers present, the City Manager, all other Staff members and any guests present participated in a walk through of the Good Shepherd Catholic Church property next door to City Hall. The property is for sale since a new Church has been built in a different location in the City. The walk through lasted from 7:05 p.m. until 7:29 p.m. The Mayor called the meeting back to order at 7:30 p.m. #3 Discuss tinal reading of Ordinance creating a Reinvestment Zone for TADCO 2. Mr. Marquez reported nothing has changed since the first reading of the ordinance. Council agreed they were ready for this item to be included on next Tuesday night's agenda. 179 (-) #4 Discuss tinal reading of Ordinance authorizing a tax abatement for TADCO 2. Once again, Mr. Marquez reported nothing has changed since the first reading of the ordinance. Council indicated they were prepared for this item to be included on next Tuesday night's agenda. #5 Discuss awarding ambulance bids. Mr. Marquez advised Council these bids are for two ambulances. The low bidder was Wheeled Coach. They were originally a little higher, but had a lot of bells and whistles, which were removed. There's also a possibility of a trade-in. Mayor Baldwin expressed some concern over going to aluminum wheels. Mr. Wilenchik inquired if they pared down the other bidders and was told by Dudley Wait, EMS Director, they did not. Mr. Wait said that was on the advice of City Attorney, Michael Spain. Mayor Baldwin asked about the chassis and Mr. Wait explained it is an International medium-duty chassis. Mr. Simonson asked if they don't need a cooling cabinet. Mr. Wait answered they can add it back in later. For right now they can buy a unit that will plug into the truck. ) Mr. Wilenchik questioned if they are accepting the bid for $153,000 or $133,000 and then wondered if we don't have to give the other bidders a chance. John Bierschwale, Asst. City Manager, stated that Mr. Spain said the only one who can negotiate is the low bidder. He recommends the revised bid be approved. Mr. Marquez indicated it is being done by the book. Mr. Marquez asked Mr. Wait if we trade one ambulance in, will we still have five and was told we will. Mr. Simonson added it is good to get a heavier duty ambulance. Mayor Baldwin pointed out that Mike Mueller of Wheeled Coach is present and for those who remember Heinz Mueller from Live Oak, Mike is his son. Council was prepared for this item to be included on next Tuesday night's agenda. #6 Discuss proposed rate structure and setting of public hearing date for drainage utility. Larry Dublin ofFord Engineering was present for this discussion. Mr. Marquez commented that to say the fee won't rise would be disingenuous - it may rise. As they buy equipment to maintain drainage, there will be costs. The crew will be integrated with the Streets and Parks Department. The crew will consist of a Foreman -.-~ and workers, and the Supervisor will be a FEMA representative for the City of Schertz 180 .-",\ ) Mayor Baldwin confrrmed there is no drainage fee if a property is not developed. Mr. Bierschwale then stated the drainage fee has nothing to do with water consumption. Mr. Dublin advised that the LUE (living unit equivalent) is acceptable criteria to establish drainage fees. Mr. Marquez felt it is the simplest way. Mayor Baldwin asked if it's defendable and Mr. Marquez replied he thinks so. Mr. Dublin noted there would be wording in the ordinance to allow appeal. Mr. Simonson said the question is do we want the appeal to come to Staff or to City Council. Mr. Marquez observed that American Freightways has done everything to take care of drainage problems. Mr. Wilenchik asked what the cost would be for a regular residential lot and Mr. Marquez replied it would be $2.10. Mr. Dublin pointed out the same residential lot in San Antonio would be $2.29. Mayor Baldwin inquired if the completed ordinance would include rates and Mr. Marquez answered yes it would. Mr. Marquez informed Council that if they were happy with the rates, a Resolution calling a public hearing would be on next week's agenda. The recommended date for the public hearing is May 20, 2003. l / #7 Discuss Woodland Oaks Project. Mr. Marquez reminded Council they have a letter in their packets from Mr. Bierschwale on this subject. The City has received a request from the Woodland Oaks Homeowners Association for the Public Works Department to construct a measured walking path at the Woodland Oaks Homeowners Association Park. The area to be constructed would have open access to the general public. Mr. Douglas indicated he had some questions and some concerns. According to the Woodland Oaks covenants it takes 75% of the homeowners to approve use by the public. Why should the City go in and improve an area for the exclusive use of the homeowners? Mr. Marquez related the City had joined with a different Homeowners Association and helped buy park equipment. It was a Homeowners Association project with assistance from the City. Mr. Bierschwale stated they always do a match/match with the Ashley Place Park. Mr. Wilenchik commented they can cede land to the City with less than 75% of the vote, and he has no heartburn if they open it up to the public, but they would . need the cooperation of the Homeowners Association. The covenants would prohibit a project like this. 181 :') Mr. Douglas asked if the City is going to be willing to do this for other Homeowners Associations. Mr. Simonson noted the City does things in cooperation with the school district, but doing it with a Homeowners Association may be opening up a Pandora's box and the City should do some serious research before jumping in. Mayor Baldwin inquired about the costs for this proposal and said an advantage would be they could establish a walking trail they wouldn't have to maintain. Mr. Bierschwale estimated the labor to be approximately $5,000 and the materials to be approximately $6,000. Mr. Douglas thought the expenditure of public funds on private property is asking for bad publicity. Mr. Cook pointed out the intent of the Woodland Oaks community is to maintain the project to City standards. 'Mayor Baldwin asked if the homeowners would allow the public to park in their parking lot and Mr. Cook answered they would have to allow it. Mr. Douglas pointed out the facilities are open only to members and their guests. Mr. Bierschwale admitted there is no precedence for this and the decision is up to City Council. ) Robert Brockman asked if there aren't areas in Woodland Oaks where some people can use the facilities and others can't. Mr. Douglas replied that's true. After further discussion, Mayor Baldwin asked Council if they wanted to put this item on a future agenda for a vote and they answered no. Mr. Bierschwale commented it's the first time a situation like this has come up. The City can establish a policy. #9 Items by City Manager General Announcements Remarked that with the departure of Ron Youngblood, he would like to recommend Amy Madison as the MPO representative. Council had no objections. Reported they got the final signature today on the PID Project. It will begin as soon as the public hearings are held. All twelve property owners will be assessed. Mr. Simonson asked if they have all the property and was told they would probably have to take the Ripps to condemnation. Mentioned unless Council objects, there will be a twelve-hour event at the park this weekend. It will be the American Cancer Association Relay for Life. There may be noise and potential nuisances. Council approval is needed to make exceptions to ordinances. Mayor Baldwin felt they could get cooperation. Mr. Greenwald agreed as 182 \ long as the noise and nuisances are not excessive. He was told Police Chief Cantrell y would be there most of the night. Advised the Health Inspector wants to alter the fees charged for Food Handling Courses. He will lose $4.00 on the courses, but will pick up other duties. Mayor Baldwin suggested amending his contract. Noted that pursuant to 4-B activities, a joint meeting will be set up to approve Resolutions calling for a public hearing. Council had no objection. #10 Items by Council General Announcements Councilmember Douglas Liaison EDC . Reported meeting with the City Manager regarding the Solicitor's Ordinance and feels Council should take another look at it. It has a tendency to be discriminating to existing businesses and he thinks it needs to be reviewed. Mr. Marquez noted the intent is to regulate soliciting. Mr. Wilenchik asked if that isn't the Ordinance just recently passed and was told it is. Mayor Baldwin recommended putting it on the next workshop agenda. ~ I Mentioned the off-premises sign for Arroyo at the Dietz Apartments and the Felix . Leon sign on Elbel Road and wondered if they are legal. Councilmember Simonson 4-B Board Liaison BVY A . Stated BVY A is having a special meeting the same date and time as our next meeting on April 15th. Asked if it would be possible for someone to attend in his place, for example Gail Douglas. . Expressed appreciation for the updates from the Herald provided by Tony Wilson. Councilmember Wilenchik 4-B Board Liaison Schertz Humane Society Liaison HOA Coalition . Advised he had applications with him for the Doggie Dash on May 3rd and encouraged anyone interested to take some with them. Mayor Baldwin said there's an organization doing spay and neutering at Handy Andy. Is it sanitary? He was advised this organization does it for the betterment of animals and it is very sanitary. 183 ,__u", -- J . Commented that Mr. Marquez had said they would have a workshop on establishing a re-investment zone. When will that be? Mr. Marquez replied the re-investment zone has to be tied to something. He will have to look into the law. Several Councilmembers asked to be briefed at a workshop after Mr. Marquez looks at the law. . Listed several items talked about in the past on which Council needs an update. Namely, Borgfeld Road, the light at Live Oak Road and FM 3009, GASB 34 and the Codification of Ordinances. He then listed several new items, specifically the expanding role of the Animal Control facility (the facility is kind of small) and compensation for the Mayor and Councilmembers. As far as compensation, Mayor Baldwin suggested polling other communities ( Mr. Wilenchik suggested communities of the same size as Schertz) and reviewing the ordinance. He volunteered to serve on the committee. Mr. Simonson also volunteered. Councilmember Greenwald 4-B Board Ex-officio P&Z Commission Ex-officio S/SLGC -- Related that Clovis Haddock attended his first Planning and Zoning meeting last , night and found it very enjoyable. j . Said Planning and Zoning reviewed plats for apartments in Northcliffe, for Pecan Center Subdivision, and for the Eckhardt Road Subdivision. Apparently the gentleman in charge of the Eckhardt Road Subdivision made some changes on the plat with which Planning and Zoning did not agree. They turned down the plat. If he makes the necessary changes, they will probably approve it. #11 Items by Mayor General Announcements . Reporting attending the Northcliffe Homeowners Association meeting last night. Nothing major came up, but there were some concerns about loose animals and they also feel like burglaries have gone up since they were annexed. . Mentioned the Northeast Partnership meeting is tomorrow. . Complimented the Staff on the Big Splash ceremony. At this time Council took a short break before going into Executive Session. #12 EXECUTIVE SESSION: Called under Chapter 551 of the Texas Government Code, Sub-Section 551.072, Deliberation regarding real property. 184 An Executive Session was held from 9:20 p.m. until 10:00 p.m. #13 Action, if any, on above Executive Session. No action was needed. #14 ADJOURNMENT There being no further business to discuss, Mayor Baldwin adjourned the meeting at 10:01 p.m. ( ATTEST: ~~ !lW~~ City Secretary, City of Schertz, Texas 185