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05-20-03 /) CITY COUNCIL MINUTES REGULAR SESSION 5-20-03 The Schertz City Council convened in Regular Session on Tuesday, May 20, 2003 at 7:00 p.m. in the Municipal Complex Council Chambers, 1400 Schertz Parkway, Schertz, Texas. Those present were Mayor Hal Baldwin, presiding; Councilmembers Carl Douglas; Steve Simonson, Reginna Agee and Ken Greenwald. Absent: Councilmember Tony Wilenchik. Staff present were City Manager Mark Marquez and City Secretary Norma Althouse. Mayor Baldwin asked everyone to rise and join him in the Pledge of Allegiance to the Flag~ #1 PROCLAMATIONS: EMS Week Public Works Week Mayor Baldwin read a Proclamation declaring the week of May 18th through May 24th as Emergency Medical Services Week in the City of Schertz. Dudley Wait, EMS ) Director, and 10 members of the EMS Department were present and Mayor Baldwin congratulated them and shook their hands. Mr. Wait related that the week began with a picnic last Sunday for fIrst responders. Representatives of almost all local Fire Departments were there. This week they will be visiting day care centers, holding child seat inspections, doing blood pressure checks and conducting CPR classes. On Saturday there will be an EMS Extravaganza at the Forum from 10:00 a.m. until 3:00 p.m. and they will fInish the week with a banquet on Sunday night where they will present some awards. Mayor Baldwin noted that SAFES (Schertz Area Facility for Emergency Services) began on April 1, 1974 and he is very proud of the emergency services organization. Ramon Cook of913 Dimrock mentioned how the response from emergency services helped save his wife's life. Mayor-Baldwin then read a Proclamation declaring the week of May 18th through May 24th as Public Works Week in the City of Schertz. Sam Willoughby, Public Works Director, was present. Mayor Baldwin congratulated him and his department on all their good work. #2 Presentation of Teen Court Scholarship Award. Judge Stacy Padgett presented Chris Wilkins with the Teen Court Scholarship Award of $250.00. His mother was also present. Judge Padgett explained that in order to qualify, a student must have participated in Teen Court, must have a high B average, and must 232 --~\ : J have no more than 10 unexcused absences. She felt Chris Wilkins had an excellent record and came out at the top of the four candidates. She also noted this was especially impressive since he had attended four different high schools in four years Chris Wilkins thanked Judge Padgett for the Scholarship and thanked Council for the Teen Court Program. #3 HEARING OF RESIDENTS Robert Brockman of 4505 Grand Forrest had the following comments: . Congratulated the City for its work at the intersection of Schertz Parkway and Curtiss Ave. . Once again mentioned he sees the need for a new City Hall and would like to see discussion of it on a future agenda. . Asked about the new parking lots and how they would fit in with a new City Hall. Mr. Marquez assured him there is a plan. #4 APPROVAL OF MINUTES: Special Workshop Session 4-09-03 Regular Session 4-15-03 ) Mr. Greenw~d moved to approve the minutes, as written, for the Special Workshop Session of 4-09-03 and the Regular Session of 4-15-03. Mrs. Agee seconded the motion, which carried with the following votes: AYES: Councilmembers Douglas, Simonson, Agee and Greenwald. NAYS: None. #5 PUBLIC HEARING: To receive citizen comments regarding expenditure of Economic Development Corporation (4-B Board) funds for a project to expand the Emergency Services Parking Lots. Mayor Baldwin explained the procedure that would be followed for the public hearing. They will first have comments from the staff, then from the public, and then from Council. Mr. Marquez indicated that over the past several years, the parking area at the public safety buildings has been congested, especially when they have meetings and classes. This expansion would provide an additional 81 parking spaces along the side of the EMS and Fire Department and an additional 9 spaces in front of the Police Department. The spaces would be lighted and curbed. They are also relocating a helipad near the EMS building. The 4-B Board met prior to this meeting this evening and recommended approval of the expenditure of 4-B funds for this project. 233 ) Robert Brockman of 4504 Grand Forrest mentioned he read comments in the 4-B minutes which indicated they have ample money for this project. He doesn't think the City will get value out of the helipad and then asked where it would be located. Mr. Marquez answered at the end of the proposed parking lot. Mr. Brockman then commented he would like to see City employees park behind the Community Center (those specified parking spaces directly behind City Hall are okay) and he would like to see City vehicles parked behind City Hall. Mrs. Agee pointed out that 4-B funds could only be spent for items that were listed on the ballot. They feel this expenditure is necessary. Mr. Greenwald noted this parking lot is not for employees, it is for visitors. They can't spend 4-B money on anything except the emergency services buildings. Mayor Baldwin mentioned that the total for the project is $114,557.00. There being no further conunents, he then closed the public hearing. #6 ECONOMIC DEVELOPMENT CORPORATION FUNDS: Consider and take action regarding expenditure of Economic Development CorporatiQn (4-B Board) funds for project to expand Emergency Services parking lot. \ Mr. Simonson moved to approve the expenditure of 4-B Board funds in the amount of l I $114,557.00 to expand the Emergency Services parking lot. Mrs. Agee seconded the motion, which carried with the following votes: AYES: Councilmembers Douglas, Simonson, Agee and Greenwald. NAYS: None. #7 PUBLIC HEARING: To receive citizen comments regarding the levying of drainage utility charges. Mayor Baldwin explained the procedures to be followed for the public hearing. Mr. Marquez related they were faced with a series of non-funded mandates and had no choice except to establish the drainage utility district as a funding mechanism. They have dedicated certain manpower and equipment and need to form the utility district to pay for those expenses. The charge will be approximately $2.10 per month per residence. There were no comments from the public. Mr. Simonson remarked that because of non-funded mandates, they are trying to get ahead of things instead of being behind the eight ball. This seems to be a fair and equitable way. 234 /-'" ) There being no further comments, Mayor Baldwin closed the public hearing at this time. #8 ORDINANCE: Consider and take action on first reading of Ordinance levying drainage utility charges. Mayor Baldwin introduced an Ordinance and read the caption as follows: AN ORDINANCE LEVYING DRAINAGE UTILITY CHARGES; PROVIDING THAT CHARGES SHALL INCLUDE FUNDING OF FUTURE CONSTRUCTION; MODIFYING CHAPTER 19 OF THE CITY OF SCHERTZ CODE OF ORDINANCES BY ADDING THERETO A SECTION 166 PROVIDING FOR THE ESTABLISHMENT OF A DRAINAGE UTILITY SYSTEM; ADOPTING DRAINAGE CHARGES; PROVIDING FOR SEGREGATION OF INCOME; PROVIDING FOR DISCONTINUANCE OF UTILITY SERVICES; ESTABLISHING EXEMPTIONS; PROVIDING FOR DUE DATE OF CHARGES AND DELINQUENCY CHARGES; AND ESTABLISHING BILLING AND DEPOSIT PROCEDURES. Mrs. Agee moved to approve the first reading of an Ordinance levying drainage utility \ charges. Mr. Simonson seconded the motion, which carried with the following votes: J ATES: Council members Douglas, Simonson, Agee and Greenwald. NAYS: None. #9 PUBLIC HEARING: To receive citizen comments on the rezoning of79,77 acres from Predevelopment (PD) to Residential (R-5) and 5.17 acres from General Business (GB) to Residential (R-5) (Tanglewood Subdivision). Mayor Baldwin explained the procedures to be followed for the public hearing. Mr. Marquez commented the 79.77 acre area was unzoned and they requested voluntary annexation into the City, at which time it became zoned PD. The General Business zoning was already in place. Tanglewood Subdivision is located along Eckhardt Road. The Planning and Zoning Commission held a public hearing and declined the request. Since that time Mr. Griffin has made some adjustments and this is his appeal, otherwise he would have to wait six months. There is a 300' buffer between the access road and residential development. Approval of the request is recommended. Mr. Griffin brought a map for Council to see. He explained the rezoning and said there had been some realignment so a buffer could be provided. Ramon Cook of 913 Dimrock asked if the 300' is the buffer and Mr. Griffin replied that's correct. Mr. Griffin then mentioned the power lines would not go through the lots. 235 /-\ J Barbara Wright, owner of the Canvas Shoppe, stated she would prefer to see more business versus residential. They need more retention ponds than what they have. Mayor Baldwin emphasized they would watch the drainage very carefully. Ms. Wright then asked if there would be fences between them and the neighbors and Mr. Griffin answered there would be rear privacy fences. It has to be a solid masonry buffer according to City ordinance. Ms. Wright also expressed concern about stock ponds and children getting in them. Ms. Wright then inquired about naming the road and Mr. Griffin replied it hasn't been named yet. Mr. Marquez noted that the Master Plan calls for Wiederstein to go all the way through. If that developer develops, he will have to build a road. There are no current plans for that. Ms. Wright questioned if the road along Eckhardt would be enlarged and Mr. Griffin replied it would be an 86' right-of-way. She then asked if they would have to use eminent domain to enlarge the road. Mayor Baldwin answered the City always has that power, if necessary. Mr. Griffin mentioned water and sewer would be extended up to the site. Ms. Wright asked what the projected time is for development and Mr. Griffin replied late this year. ) Mr. Greenwald mentioned the City has to be provided with a complete drainage plan. Ms. Wright then asked if they need to go to Planning and Zoning regarding the fence. Mr. Griffin volunteered to meet with Ms. Wright after the meeting to discuss some of the issues in question. Mayor Baldwin inquired if the drainage drains north and was told no, it drains south. There being no further comments, Mayor Baldwin closed the public hearing at this time. #10 ORDINANCE: Consider and take action on first reading of Ordinance regarding the rezoning of 79.77 acres from Predevelopment (PD) to Residential (R-5) and 5.17 acres from General Business (GB) to R-5 (Tanglewood Subdivision). Mayor Baldwin introduced an Ordinance and read the caption as follows: AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE UNIFIED DEVELOPMENT CODE (UDC), ORDINANCE NO. 96-S-28, BY REZONING 79.77 ACRES OUT OF COMAL COUNTY FROM PREDEVELOPMENT (PD) TO GARDEN HOME/SINGLE RESIDENTIAL DISTRICT ZERO LOT LINE (R-5) AND REZONING 5.17 ACRES OUT OF COMAL COUNTY FROM GENERAL BUSINESS (GB) TO GARDEN HOME/SINGLE RESIDENTIAL DISTRICT ZERO LOT LINE (R-5). 236 --.......\ } Mr. Greenwald moved to approve the fIrst reading of an Ordinance amending the UnifIed Development Code (UDC), Ordinance No. 96-S-28, by rezoning 79.77 acres out of Comal County from Predevelopment (PD) to Garden Home/Single Residential District Zero Lot Line (R-5) and Rezoning 5.17 acres out of Comal County from General Business (GB) to Garden Home/Single Residential District Zero Lot Line (R-5). Mr. Douglas seconded the motion, which carried with the following votes: AYES: Councilmembers Douglas, Simonson, Agee and Greenwald. NAYS: None. #11 BID AWARD: Consider and take action awarding bid for FEMA Project. Mr. Marquez advised they received seven bids and Ford Engineering is recommending the bid be awarded to Yantis Company in the amount of $2,717, 114.50 with an alternate bid of $75,568.00 for a total of $2,796,682.50. This is a reimbursement project and FEMA will reimburse up to $3,000,000.00. Larry Dublin and Sam Willoughby just have to answer some questions. Mr. Simonson inquired if this would cover Maske Road to FM 3009 and Mr. Dublin replied it would not. Mr. Simonson then asked if it would include the rerouting of East Dietz Creek and the new bridge at Elbel Road and Mr. Dublin replied yes it would. ) Mrs. Agee asked if they're still on target for the closing of Elbel Road. Mr. Dublin replied yes they are. He thinks they will have the traffic signal done at Live Oak Road and FM 3009 before that and it will sure take the strain off traffic. Mayor Baldwin asked if they would completely close Elbel Road and Mr. Dublin replied yes they would. He added that the structure would be about the same size as the one on Schertz Parkway. They have good contracts. Mrs. Agee asked if there would be access to the new athletic facilities. Mr. Simonson thought they should have plenty of room and Mr. Dublin added that about 250 feet is what would be closed. Mrs. Agee then commented she hopes Chief Cantrell looks at an alternate route for the football games. Mr. Marquez admitted it's hard to do some of this construction without inconveniences. Mayor Baldwin inquired if it's the same type bridge as Schertz Parkway, but a different company. Mr. Dublin replied that's true. Mr. Marquez commented that Austin Road and Bridge didn't bid. Their attorney thought the contract was too restrictive. Mr. Simonson remarked there will be some inconvenience for a short period of time, but the results will save lives; Mayor Baldwin observed that the Allison Steele building should no longer get flooded. 237 '-......'\. } Mr. Greenwald moved to award the bid for the FEMA Drainage Improvement Project to Yantis Company in the amount of$2,717,114.50with an alternate bid of $75,568.00 for a total of $2,796,682.50. Mrs. Agee seconded the motion. Before the vote, Mr. Dublin said they would be relocating some of CCMA's lines and would reimburse. Mr. Greenwald thanked Mr. Simonson for all his work on the FEMA project. At this time the vote was taken and the motion carried as follows: AYES: Councilmembers Douglas, Simonson, Agee and Greenwald. NAYS: None. #12 ORDINANCE: Consider and take action on final reading of Ordinance authorizing a tax abatement for T ADCO/Tri-County II Ltd. Mayor Baldwin introduced an Ordinance and read the caption as follows: ORDINANCE NO. 03- T -14 THE CITY OF SCHERTZ, TEXAS, APPROVING A TAX ABATEMENT AND A \ TAX ABATEMENT AGREEMENT, BY THE CITY COUNCIL, FOR AND WITH ) TADCOtrRI-COUNTY II LTD., A PROPERTY OWNER IN THE CITY OF SCHERTZ; AND PROVIDING A REPEALING CLAUSE. Mayor Baldwin advised the owner changed the name and that's why Council is having to approve this again. Mr. Greenwald moved to approve the final reading of an Ordinance authorizing a tax abatement for T ADCO/Tri-County II Ltd. Mr. Simonson seconded the motion, which carried with the following votes: AYES: Councilmembers Douglas, Simonson, Agee and Greenwald. NAYS: None. #13 INVESTMENT POLICY: Consider and take action approving City of Schertz Investment Policy. Mr. Marquez mentioned they had made some adjustments. Comptroller was chan~ed to City Manager in accordance with the Charter. They also removed the statement about bonds from the State of Israel. Additional changes will be made at a later date. They are required to review the Investment Policy on an annual basis. 238 Mr. Simonson moved to approve the City of Schertz Investment Policy. Mr. Douglas seconded the motion, which carried with the following votes: AYES: Council members Douglas, Simonson, Agee and Greenwald. NAYS: None. #14 ORDINANCE: Consider and take action on first reading of revised Solicitor's Ordinance. Mayor Baldwin introduced an Ordinance and read the caption as follows: AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS; REPEALING CHAPTER 13 OF THE CODE OF ORDINANCES OF THE CITY OF SCHERTZ, RELATING TO PEDDLERS, SOLICITORS AND INTINERANT MERCHANTS, WITHIN THE CITY OF SCHERTZ; AND ADDING A NEW CHAPTER 13 PEDDLERS AND SOLICITORS; ESTABLISHING A PENALTY; REPEALING CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. \ Mr. Marquez explained a Solicitor's Ordinance was passed several months ago, but some changes have been made to it. Those changes involve Sec. 13.4 - Exclusions from Applicability of this Chapter involving the distribution of handbills or flyers by persons who do not engage in face-to-face contact with prospective customers or clients, and Sec. 13 .11 - Underage Solicitors stating no person under the age of sixteen may solicit in the City unless accompanied by a person eighteen years of age or older. Approval of the ordinance is recommended. Mr. Douglas moved to approve the first reading of the revised Solicitor's Ordinance. Mr. Greenwald seconded the motion, which carried with the following votes: AYES: Council members Douglas, Simonson, Agee and Greenwald. NAYS: None. #15 Consider and take action setting public hearing date on Reinvestment Zone for Legacy Oaks. Mr. Marquez stated this has to do with a proposed apartment complex on the Bomer property. The Economic Development Commission was concerned this would set a precedent because we are requiring the developer to put in a roadway so there is access to Schertz Parkway and to IH-35. We need two entrances and exits for that level of development. We will abate up to one-half the cost of the road. The abatement will be for 10 years at $19,000.00 per year. Weare asking that a reinvestment zone be 239 , --'\ considered as well. If City Council is not comfortable with the situation, we need to stop ) now and go in a different direction. The question is whether it's appropriate to do this for an apartment complex as opposed to an industrial project. Mr. - Douglas reported he sat in on the Economic Development Commission's discussion and it was very lively. The following points were discussed: . The roadway will be of benefit to the City. . There will be other funds from landowners. . It is a high value type apartment complex. . We need a decent hoteVmotel. . It would be of tremendous benefit to the City. Mr. Marquez stated it is a $13,000,000.00 plus project. Mayor Baldwin asked if the roadway would go through the Bomer property and was told by Mr. Marquez it would. The Mayor then asked if the entire tract would be apartments and Mr. Marquez replied no, only about half of it. Mayor Baldwin commented he could see a huge precedent here and he is worried about setting one. The next developer will ask for something. He would like to see a plat. ) Mr. Marquez said he would not disagree for a moment if it were only a residential developer. However, because they are leasing the apartments, it is no different than American Standard leasing part of their buildings. Mr. Simonson noted this is public and went on to say the City has helped small projects. Every developer who comes into the City knows what we want. We need more discussion and we need a clear map. Mr. Greenwald verified this request is only for a public hearing date on the reinvestment zone and Mr. Marquez replied yes. If, in the end, Council is not comfortable with the idea, we can cancel the public hearing. Mayor Baldwin asked if we have a date in mind and the City Secretary recommended June 17, 2003 as the public hearing date. Mr. Douglas moved to set June 17, 2003 as the public hearing date for consideration of a Reinvestment Zone for Legacy Oaks. Mr. Greenwald seconded the motion, which carried with the following votes: AYES: Councilmembers Douglas, Simonson, Agee and Greenwald. NAYS: None. 240 /-, #16 MID-YEAR BUDGET ADJUSTMENTS: Consider and take action approving mid-year budget adjustments for Water and Sewer Fund. Mr. Marquez had included a memo in Council's packets regarding the mid-year budget adjustments for the Water and Sewer Fund. The amendments recognize the bond recently issued, a re-appropriation, current construction projects, and anticipated manpower and organizational changes for the new Drainage Utility. Mr. Marquez revealed that as far as revenue from the sale of water, it has been weak. They think it will rise through the summer months. There have been some minor adjustments to the Business Office. Public Works Administration is anticipating passage of the Drainage Utility Ordinance and is looking at a supervisor for that project. There has also been a slight reorganization in the Public Works Department. Mr. Marquez went on to say there has been a cut in legal services - he thinks they finally have a handle on that. The water purchase has been reduced by $180,000.00. They will purchase water from the Edwards until February. Mr. Marquez also mentioned that $57,000.00 for communications equipment was re-appropriated last week for fiber optics. The Wiederstein Road project is estimated at $93,000.00. No other adjustments are programmed. They will publish the mid-year budget document as per the suggestion of Mr. Wilenchik. ) Mr. Greenwald moved to approve the mid-year budget adjustments, as presented. Mr. ./ Simonson seconded the motion, which carried with the following votes: AYES: Councilmembers Douglas, Simonson, Agee and Greenwald. NAYS: None. #17 Items by City Manager General Announcemertts Mentioned the salary survey is in Council's packet. They need to discuss it in depth sometime in the future. Referred to the plaque for the Schertz/Seguin Local Government Corporation and asked if there are any additions. The consensus of Council was there are no additions. Mr. Simonson said it looks comprehensive to him. Mr. Marquez stated they need to do it soon because of the upcoming event on July 17, 2003. Reported the Schertz/Seguin Local Government Corporation has made a submission to TML for an award. Noted he is taking a vacation day this Thursday. He feels he has enough support staff to attend the Greenshire Homeowners Association meeting. 241 /-) #18 Items by City Council General Announcements Council member Douglas Liaison EDC '- - Indicated he would wait until the next workshop to make his comments. Councilmember Simonson 4-B Board - Liaison BVY A Mr. Simonson had nothing to report. Councilmember Agee 4-B Board Liaison Schertz Housing Authority Liaison Schertz Library Board Mrs. Agee had nothing to report. Councilmember Wilenchik -, 4-B Board J Liaison Schertz Humane Society Liaison HOA Coalition Mr. Wilenchik was absent. Councilmember Greenwald 4-B Board Ex-officio P& Z Commission Ex-officio S/SLGC Mr. Greenwald had nothing to report. #19 Items by Mayor General Announcements Reported attending the dedication of the Norma Paschal Elementary School today and it was a very nice ceremony. Said the dedication ceremony for the new elementary school off Green Valley Road is next week. 242 [This page intentionally left blank.] #20 ADJOURNMENT There being no further business to discuss, Mayor Baldwin adjourned the meeting at 8:30 p.m. I ATTEST: 243