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06-11-03 i /") CITY COUNCIL MINUTES \ SPECIAL WORKSHOP SESSION 6-11-03 The Schertz City Council convened in Special Workshop Session on Wednesday, June 11, 2003 at 7:00 p.m. in the Municipal Complex Conference Room, 1400 Schertz Parkway, Schertz, Texas. Those present were Mayor Pro-Tern Tony Wilenchik, presiding; Councilmembers Carl Douglas, Steve Simonson, Reginna Agee and Ken Greenwald. Absent: Mayor Hal Baldwin. 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: . Noted there was a truck parked by a ftre hydrant and he had nice cooperation from Officer Honeycutt in getting the truck moved. . Mentioned the need to look at a uniform speed limit on Live Oak Road. He thinks there should be a 30 mph sign at Menlo. Part of the road going toward ) Schertz Parkway is 40 mph. Mr. Marquez promised to check into it. Mr. Douglas indicated this is somewhat like the different speed limits on FM 78 within the City limits. Mr. Marquez said that had been resolved. The ordinance needs to be revised and TSAC, the Police Dept. and the Fire Dept. need ~o check it out. Robert Copeland, representing Legacy Oaks, had signed up to speak. He chose to wait until Item #4 on the agenda came up for discussion. #2 Update on Post Office Amy Madison, Community Development Director, introduced Dudley Lee, Operations Manager, for the Schertz Post Office. Mr. Lee reported there is no change in the status and no change is good. As of yesterday, Schertz is still at the top of the priority list for a new Post Office. They have passed all the requirements as far as being overcrowded. Mayor Pro-Tern Wilenchik inquired how long it would take for us to get a new Post Office. Mr. Lee answered it usually takes around two years once you have been approved for one. Mayor Pro-Tern Wilenchik then mentioned he had been told by several people they had to wait for Post Office box keys for several months. Mr. Lee advised Mayor Pro-Tern Wilenchik to tell anyone else who has this problem to contact either him or the Postmaster of the Schertz Post Office and they will solve the situation. 269 /\ ) Mayor Pro-Tern Wilenchik asked if there's any way they could upgrade the current facility and Mr. Lee replied they have done all they can do. Mayor Pro- Tern Wilenchik then mentioned he thought they were looking at a site beside Dollar General. Mrs. Madison commented that site would have prevented them from getting a new Post Office. Mr. Lee added the Post Office won't lease anything over 10,000 square feet and they want more than that. They have to look ahead 10-20 years. Mr. Greenwald asked if there had been any progress on Northcliffe changing their zip code to 78154. Mr. Lee replied the zip code boundary would not change because of complications (they have no place to put Northcliffe deliveries). Mr. Greenwald then said they were told th~re was one route left. Mr. Lee stressed that growth dictates those changes. Mr. Brockman asked if there's anything citizens can do as far as writing to their Congressman. Mr. Lee answered that never hurts, but they are currently waiting on the results of President Bush's committee, which was formed to study the Post Office situation. Council thanked Mr. Lee for his time. #3 ORDINANCE: Consider and take action on ftrst reading of Ordinance levying ) drainage utility charges. Mr. Marquez informed Council the final reading of this ordinance was inadvertently left off the agenda of June 3, 2003. There are no changes and the public hearing was ftne, but according to the Charter, they need to approve the first reading again and then the final reading will be on the agenda for approval at the next regular meeting. Mayor Pro-Tern Wilenchik introduced an Ordinance and read the caption as follows: AN ORDINANCE LEVYING DRAINAGE UTILITY CHARGES; PROVIDING THAT CHARGES SHALL INCLUDE FtJNDING 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. 270 ~) Mr. Greenwald moved to approve the ftrst reading of an Ordinance levying drainage utility charges. Mr. Simonson seconded the motion, which carried with the following votes: AYES: Councilmembers Douglas, Simonson, Agee and Greenwald. NAYS: None. #4 Discussion of Reinvestment Zone for Legacy Oaks. Mr. Marquez stated the public hearing on this subject is scheduled for next week (June 17th) and he would like to know if Council wants to move forward on it. They are setting up a reinvestment zone for the purpose of giving a tax abatement. It's still a variance from the ordinance, but they believe it is practical. Mayor Pro- Tem Wilenchik asked if it's zoned for commercial and Mr. Marquez replied yes. Mrs. Madison pointed out there is an official request for 12 acres to be rezoned to R-4. Mr. Marquez went on to say the purchaser already has a curb cut set up on Schertz Parkway. He was told he needed another means of ingress/egress, so we are requiring him to build a road that connects from his property to the IH-35 access road. It makes some sense that the City may want to give him some assistance. It's not the first time the City has helped on a road. Instel Steel got a tax abatement and a grant to upgrade Doerr ) Lane. Mrs. Madison pointed out that the apartments would be an economic boon to the City. The road that runs through the Bomer property would allow for development. Mr. John White, the developer, is here tonight. Mayor Pro-Tern Wilenchik asked if doing this would help pay for the cost of the road we want and how much is the cost? Mr. Marquez answered the cost is $380,000.00. It would be curbed and guttered and have a median. Mr. Douglas admitted they had a very long discussion about this at the Economic Development Commission (EDC) meeting. This proposed road is not typically what the City would build. It is more like Schertz Parkway. He agrees with Mrs. Madison in that it would be added value to the City. Mr. Marquez indicated the EDC is sensitive about an apartment complex versus other recommendations we deal with as a variance. Mr. Simonson wondered if the City did something for the Sycamore Creek Apartments as far as drainage. The drainage ditch that was built was good for the City as well as others. This road would be good for the City regardless of the apartments. He doesn't think we're jumping out on a limb with this and it beneftts the City, it doesn't just give someone a break. Mr. Marquez said if you ask yourself if this is in the best interest of the City overall, the answer is yes. Mayor Pro-Tern Wilenchik observed the only reason the City is talking about the cost of the roadway is because the City is considering giving this developer a tax abatement. Mr. 271 /"~) Simonson emphasized the road is for traffic safety and is being required by the City. Mr. Greenwald added the City has already said there would be no more single entrances/exits. Mr. GreenwaJd went on to say if you grant a tax abatement to an apartment complex, you better put up steel doors to hold back all the future developers coming in. Mr. Douglas felt considerirtg it on a case-by-case basis for the beneftt of the City is the best approach to take. Mr. Simonson asked if we do this on a variance, are we sticking our neck in a vice. Mayor Pro-Tern Wilenchik questioned if we go ahead and build a City road, can we avoid the issue. Mr. Simonson answered we've never built a City road. Schertz Parkway is an exception. Mr. Douglas inquired how many future developers are going to be adjacent to a major road. Mr. Sinionson, as an example, mentioned the extension of Westchester and said if we want a street, the developer will want an abatement. Mr. Marquez stated if we set a precedent, we would follow through. Things are going to get sticky as we develop little plots here and there. Robert Copeland had a map for Council to see. He explained they want to take advantage of the trees, etc, for an attractive entrance. They have spoken with TXDoT about the right turns out and the left turns out. Mr. Copeland then added doing an ) abatement through commercial property benefits the City, not the apartments. / Mr. White pointed out they are donating the land for the road, the cost would be the road itself When the road goes in it will alleviate backup on the FM 3009 comer. They have incorporated the cost of the road into the loan for the apartments. Mrs. Madison advised Council they are getting $3.00 in revenue for every dollar of abatement they are giving up. Mrs. Agee added a roadway there would lead to the development of other properties in the same area. Mr. Simonson stated the question for Council is whether they think getting a road is a City project. Mayor Pro-Tern Wilenchik noted that once you grant a variance, you have changed the procedure. Mrs. Madison stressed that Council has the option not to approve a variance. Mr. Marquez emphasized if they are willing to put the public hearing on the agenda, the tax abatement follows. The consensus of Council was to go ahead and put the public hearing on the agenda. #5 Discussion regarding the dissolution of the Schertz Parkway Zone Board of Directors. Mr. Marquez related he had asked Jerry Bethke to attend this meeting. The Parkway Zone Board must have been dissolved by the time Schertz Parkway is completed. Mr. 272 .~-.... '\ -- J Bethke suggested the day of the ribbon cutting for Schertz Parkway would be a good time to dissolve the Parkway Zone Board. The Board agreed it would be a good day to dissolve. Mr. Marquez added it has been in existence for almost 10 years. Mrs. Agee inquired if there are some requirements about resolving the money issues if the Board is dissolved. Mr, Marquez stated there would be a final audit. The money would pay off bonds. Mr. Bethke mentioned if it's in the best interest of the City, the Board could dissolve earlier. Mr. Marquez said no - the day of the ribbon cutting is the right time to do it. #6 Items by City Manager General Announcements Reported he had spoken with Frank Holtzman of TXDoT who told him their funding had been cut. The status of different projects involving them is as follows: . Lower Seguin Road has moved to an unfunded category. . The FM 3009 upgrade is also now in the unfunded category. . The upper part of FM 3009 is not even on the horizon. The City will start , ) working with MPO to get it on the horizon. . Instead of upgrades on FM 1518 (turn lane at Commercial Place), there will be maintenance only. . The speed study ofFM 78 is complete and he thinks they will recommend 45 mph for the entire section within the City limits. . The drainage issue on FM 78 requires an inlet pipe and has been programmed for this year. . The Animal Control directional sign on FM 3009 is not allowed unless you want to take it up with the legislature. Mr. Simonson stated those kinds of signs are on TXDoT's right-of-way. . The cost for the traffic signal at Live Oak Raod and FM 3009 is $86,000.00 and some change. He has the agreement on his desk. The City is front-funding the project, but has a quasi-commitment of $32,500.00 from Cibolo and $25,000.00 from Guadalupe County. Mrs. Agee noted they were told this morning that the property values in the Schertz-Cibolo-Universal School District would outrank those of Seguin. Mentioned the CPS seminar is a good one to attend. The City will drive you if you wish to go. 273 /-~') Announced the -Schertz/Seguin Local Government Corporation celebration is scheduled / for July 17, 2003 at the water plant in Gonzales. There is a Board meeting that afternoon. He will get all the logistics for Council. Stated the LCRA step-down station is going through condemnation on the Ripps property. Mr. Simonson said the UDC states they have to subdivide. - Mrs. Madison indicated they would cooperate. Reported they got the bids in on the Public Works and EMS Projects. They are excessive. They will be on the next agenda. They are thinking about rejecting them because the numbers are unacceptable. He didn't stay on top of certain details for the projects and so every decision will be his the rest of the way through. Mayor Pro-Tern Wilenchik mentioned the last date he heard for the start of construction was in July. When will it be now? Mr. Marquez replied he doesn't know. #7 Items by City Council General Announcements Councilmember Douglas Liaison EDC Commission Mr. Douglas had nothing to report. } - -' Council member Agee 4-B Board Liaison Schertz Housing Authority Liaison Schertz Library Board Mrs. Agee had nothing to report. Councilmember Greenwald 4-B Board Ex-officioP&Z Commission Ex-officio S/SLGC Mr. Greenwald had nothing to report. Councilmember Simonson 4-B Board Liaison BVY A Emphasized strongly the Highway Department better ftnd out where the money for Lower Seguin Road went. They made a lot of promises to the Air Force and to a lot of farmers. He wants to know what happened to that money. 274 #8 Items by Mayor General Announcements Mayor Pro-Tern Wilenchik had nothing to report. At this time Council took a short break. #9 EXECUTIVE SESSION: called under Chapter 551 of the Texas Government Code, Sub-Sections: 551.071 Consultation with attorney on pending litigation 551. 072 Deliberation regarding real property 551.074 Personnel matters An Executive Session was held from 8:25 p.m. until 9:00 p.m. #10 Action, if any, on above Executive Session No action was necessary. #11 ADJOURNMENT There being no further business to discuss, Mayor Pro-Tern Wilenchik adjourned the meeting at 9:01 p.m. Mayor, City of Schertz, Texas Ff-ol UYl ATTEST: ~~ City Secretary, City of Schertz, Texas 275