06-17-03
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J CITY COUNCIL MINUTES
REGULAR SESSION
6-17-03
The Schertz City Council convened in Regular Session on Tuesday, June 17, 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
Normal Althouse.
Mayor Baldwin asked everyone to rise and join him in the Pledge of Allegiance to the
Flag.
#1 Introduction of Miss Schertz Sweetheart winners.
Mayor Baldwin introduced Ann Almond of the Schertz Business Association who
presented the Miss Schertz Sweet~eart Court. They were as follows: Miss Liberty,
Brandi Twiss; Miss Freedom, Sara Harrod; Miss Jubilee; Eva McHorse; and Miss
Friendly City, Amber Clark. Nancy Hubbart Cerna, Miss Schertz Sweetheart, was not
present as she was at Bible Camp. Mrs. Almond indicated she would be presented to
Council later. Parents and grandparents of the girls were asked to stand and take a bow.
) Mrs. Almond then introduced Sharon Pennington saying she is in training for taking over
some responsibilities of the Court next year. Both Mayor Baldwin and Mr. Marquez
thanked Mrs. Almo~d for the terrific job she has done over the years. Mayor Baldwin
said he is looking forward to seeing everyone at the 4th of July Jubilee.
#2 HEARING OF RESIDENTS
Robert Brockman of 4505 Grand Forrest had the following comments:
. Asked if anyone had talked with the Ryder Truck people about moving some of
their vehicles to allow for bleachers for the 4th of July parade. He thinks the
gentleman from Ryder would be very cooperative. Mr. Bierschwale, Asst. City
Manager, stated they plan to talk with representatives of Schertz Bank & Trust as
far as a place for setting up bleachers.
. Said a gentleman asked him why you have to apply for water service in person
when other utilities do it over the phone. Mr. Marquez answered they require
proof of identification. He also added they don't waive the deposit either, even if
the individual has a sterling payment history.
. Mentioned the flagpoles at the Public Works location and said he thinks they need
a new rope. Also, he thinks the American Flag is flying on the wrong pole. Mr.
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Simonson commented if it can be seen from all directions, then it doesn't matter.
Mr. Marquez promised to check into it.
#3 APPROVAL OF MINUTES: Regular Session 5-06-03
Special Workshop Session 5-14-03
Mr. Douglas moved to approve the minutes, as written, for the Regular Session of
5-06-03 and the Special Workshop Session of 5-14-03. Mr. Greenwald seconded the
motion, which carried with the following votes:
AYES: Councilmembers Douglas, Simonson, Agee and Greenwald.
NAYS: None.
#4 PUBLIC HEARING: To receive citizen comments on the establishment of the
Legacy Reinvestment Zone.
Mayor Baldwin explained the procedures to be followed for the public heari1\g.
Mr. Marquez advised the creation of a Reinvestment Zone is being offered as an
incentive for a tax abatement. It comes down to whether or not Council is interested in
establishing a Reinvestment Zone. The Economic Development Commission has
I recommended approval of the Reinvestment Zone. The location is at the back end of the
, Bomer property. The City is asking the developer to build a connector road from IH-35
into Schertz Parkway. He believes Mr. White, the developer, has so~e charts and graphs
with him to show Council.
Robert Brockman of 4505 Grand Forrest inquired if the City helps with the road through
tax abatement, is that setting a precedent. Mayor Baldwin pointed out the best time to
talk about that is at the next workshop.
Mr. Brockman then mentioned some type of Zone that had been established before and
Mr. Marquez indicated that was an Enterprise Zone, which is much larger. Mr.
Brockman then wondered why the City didn't take in the whole area and Mr. Marquez
replied it is our practice to create zones as needed. We never know what kind of
development is coming in. Directly in front of this prop~rty are two very developable
lots. In the past the City approved Reinvestment Zones for Mr. Vestal and Mr. Theis and
several others.
Mr. Brockman then conftrmed this is not the ftrst Reinvestment Zone and Mr. Marquez
said that's correct.
There being no further questions or comments, Mayor Baldwin closed the public hearing
at this time.
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#5 ORDINANCE: Consider and take action on frrst reading of Ordinance establishing
the Legacy Reinvestment Zone.
Mayor Baldwin introduced an Ordinance and read the caption as follows:
AN ORDINANCE
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS,
ESTABLISHING THE LEGACY REINVESTMENT ZONE.
Mr. Simonson moved to approve the ftrst reading of an Ordinance establishing the
Legacy Reinvestment Zone. Mrs. Agee seconded the motion, which carried with the
following votes:
AYES: Council members Douglas, Simonson, Agee and Greenwald.
NAYS: None. .
#6 ORDINANCE: Consider and take action on ftrst reading of Ordinance approving a
Tax Abatement and a Tax Abatement Agreement for and with Legacy General
) Contractors, Inc.
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Mr. Marquez noted this was dealt with gingerly by the Economic Development
Commission (EDC) and the discussion was lively. The main issue of concern is why we
are considering a tax abatement for residential development. The EDC worked its way
through the process carefully and felt this could be considered an enterprise, but they
were not comfortable with the numbers. The staff required they put in the road. It was
then asked why the City doesn't offer a tax abatement over a ten-year period of $19,000
per year. The project is in excess of $13,000,000. It is a ftrst class project. The real
issue is whether or not this is something the City wants to do. We need Class A
apartments and we need a road on that property. Is this good for the City or not? Mr.
Marquez felt it is.
Robert Copeland of MBC Engineers mentioned they are putting in a median to help save
some of the trees and there will be other amenities. He feels they are doing the City a
favor by putting in the road. It is. however, a requirement of lending that they get the
abatement.
John White, the developer, mentioned that Mr. Bomer is donating the right-of-way. He
had some pictures with him of a similar development on Hausman Road and Loop 1604.
He said when they initially came to the City, the City wanted a road and they talked about
it. After taking everything into consideration, they feel it is a win win situation. They
would never ask for an abatement for an apartment project, but this abatement is for the
road and the utilities.
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Mr. Marquez congratulated the EDC because they struggled with it and came up with a
creative solution. Mayor Baldwin agreed it is a great project.
Mayor Baldwin introduced an Ordinance and read the caption as follows:
AN ORDINANCE
THE CITY OF SCHERTZ, TEXAS, APPROVING A TAX ABATEMENT AND A
TAX ABATEMENT AGREEMENT BY THE CITY COUNCIL FOR AND WITH
LEGACY GENERAL CONTRACTORS, INC., A PROPERTY OWNER IN THE
CITY OF SCHERTZ,
Mr. Douglas moved to approve the first reading of an Ordinance approving a Tax
Abatement and a Tax Abatement Agreement for and with Legacy General Contractors,
Inc. Mr. Simonson seconded the motion, which carried with the following votes:
AYES: Councilmembers Douglas, Simonson, Agee and Greenwald.
NAYS: None.
) #7 ORDINANCE: Consider and take action on final reading of Ordinance levying
drainage utility charges.
Mayor Baldwin introduced an Ordinance and read the caption as follows:
ORDINANCE NO. 03-F-17
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; ESTABLLISHING EXEMPTIONS; PROVIDING FOR
DUE DATE OF CHARGES AND DELINQUENCY CHARGES; AND
ESTABLISHING BILLING AND DEPOSIT PROCEDURES.
Mr. Marquez explained there have been no changes to the Ordinance.
Mr. Greenwald moved to approve the ftnal reading of an Ordinance levying drainage
utility charges. Mrs. Agee seconded the motion, which carried with the following votes:
AYES: Councilmembers Douglas, Simonson, Agee and Greenwald.
NAYS: None.
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-~ #8 PUBLIC HEARING DATE: Consider at,ld take action setting public hearing date
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on request from Franklin Moore for a Specific Use Permit allowing develdpment and use
in the Air Installation Compatible Use Zone (AICUZ), located at the northwest comer of
Oak St. and Pecan St.
The Council had received information in their packets about Mr. Moore's request. After
a brief discussion, Mr. Greenwald moved to set a public hearing date on the request from
Franklin Moore for a Specific Use Permit for July 15, 2003. Mrs. Agee seconded the
motion, which carried with the following votes:
AYES: Councilmembers Douglas, Simonson, Agee and Greenwald.
NAYS: None.
#9 APPOINTMENTS: Consider and take action appointing members to IH-35/FM
3009 PID Advisory Board.
Mr. Marquez indicated they are ready to proceed. They may make some changes and
allow for adjustments since some of the recommended members are out of the area. They
may want local representation. He had provided a memo to Council in their packets of
the list of members he is recommending be appointed.
) Mayor Baldwin asked why Mr. Ripp's name is not on the list. Didn't we promise him he
would be included? Mr. Marquez answered he is reneging on his promise, but would
defer to City Council. The plan of action is that all businesses involved in the PID be
invited. Mayor Baldwin asked if they had all signed the petition and was told they had.
Mr. Greenwald pointed out Mr. Ripps had speciftcally asked to be on the Advisory Board
and if he were in his position, he would have done the same thing. Mayor Baldwin
inquired if there's a limit to the number of people who can be on the Board and Mr.
Marquez replied no. The Mayor then suggested putting him on - he just has one vote.
Mr. Douglas observed he would make the 9th member, so there couldn't be a tie vote.
Mr. Simonson moved to appoint the following members to the Public Improvement
District Advisory Board:
Mark Marquez, Schertz City Manager
Lewis Westerman, Barshop & Oles
Eric Moede, HEB
Carol Lagutchik, Bill Miller BBQ
Jerome Conway, Sonic Industries
Donald Brandeberry, Security Service Credit Union
Jimmy Junkin, Randolph Brooks Federal Credit Union
John Torres, State Bank & Trust
Edmund Ripps, property owner
Mr. Greenwald seconded the motion, which carried with the following votes:
')on
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~- ) AYES: Councilmembers Douglas, Simonson, Agee and Greenwald.
NAYS: None.
#10 BID: Discussion and possible action on bid for Emergency Services project.
Mr. Marquez stated he is personally not satisfied with the bid results. They went far
beyond the City's budgetary planning. He would prefer to start over again. He knows
they made time commitments for the building of the facilities, but he would rather have it
right. The bids were from $889,000 to 1.3 million dollars. Mayor Baldwin asked if they
are going to have to cut back their plans and Mr. Marquez answered he wasn't sure. Part
of the problem may have been with the bid speciftcations.
Mr. Greenwald moved to reject all bids for the EMS project. Mrs. Agee seconded the
motion, which carried with the following votes:
AYES: Councilmembers Douglas, Simonson, Agee and Greenwald.
NAYS: None.
#11 BID: Discussion and possible action on bid for Public Works project.
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J Mr. Greenwald moved to reject all bids for the Public Works Facility. Mrs. Agee
seconded the motion, which carried with the following yotes:
AYES: Councilmembers Douglas, Simonson, Agee and Greenwald.
NAYS: None.
#12 Items by City Manager
General Announcements
Reminder about AMCC
Reminded Council about the AMCC and mentioned Mr. Douglas is interested in
attending.
Advised he will be taking some vacation starting tomorrow, but will be back by
Saturday evening. Mr. Bierschwale will be Acting City Manager in his absence.
#13 Items by City Council
General Announcements
Council member Douglas
Liaison EDC
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...."-.".~.....,,'} Inquired who is responsible for the walking bridge at Cibolo Creek. Mr. Marquez
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answered it is his understanding the responsibility is shared with Universal City.
Mr. Douglas said we either need to repair it or tear it down. Mr. Bierschwale said
it is our turn to buy the material and they will install it. It's complicated because
FEMA is involved. Mr.. Marquezasstited MfDduglas there are plans afoot to
repair it.
Reported the Farmer's Market is doing very well. Parking spaces would indicate
in-flow should be one-way. Mr. Bierschwale said it has always been two-way
and suggested the Farmer's Market pay for temporary one-ways because parking
is very critical at that comer. Mr. Marquez said he hoped they would be uccessful,
but his frrst choice would have been Pecan Grove. Maybe we can twist their arm
next season. There were several other suggestions and Mr. Bierschwale promised
to see what he could do.
Councilmember Simonson
4-B Board
Liaison BVY A
Suggested when they have the public hearing on the Speciftc Use Permit request,
they be provided maps to show what's allowed in various areas of the' AICUZ.
\ Inquired about an update on the Scout Hut. Mr. Marquez answered the last date of
, use by the Fire Department is July 6th.
Councilmember Agee
4-B Board
Liaison Schertz Housing Authority
Liaison Schertz Library Board
Mentioned the library is celebrating its 25th anniversary this year and is planning an
event called Potter in the Park. They will show a Harry Potter movie.
Councilmember Wilenchik
4-B Board
Liaison Schertz Humane Society
Liaison HOA Coalition
Mr. Wilenchik was absent.
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Councilmember Greenwald
4-B Board
Ex-officio P&Z Commission
Ex-officio S/SLGC
Reminded everyone the Schertz/Seguin Local Government Corporation meeting is
this Thursday at 1 :30 p.m. in Seguin. .
#14 Items by Mayor
General Announcements
Called attention to a young man in the audience named Chris and asked him if he is
working on a badge for Scouts. The young man replied he is working on his
Eagle Scout badge for communication. The Mayor wished him good luck.
At this time Council took a short break and moved to the Conference Room for an
Executive Session.
#15 EXECUTIVE SESSION: Called under Chapter 551 of the Texas Government
Code, Subsections
551.071 - Consultation with attorney on pending litigation.
551.072 - Deliberating regarding real property.
An Executive Session was held from 8: 17 p.m. until 8:58 p.m.
#16 Action, if any, on above Executive Session.
No action was necessary.
#17 ADJOURNMENT
There being no further business to discuss, May Baldwin adjourned the meeting at
9:00 p.m.
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ATTEST:
~-/ ~~o-'
i City Secretary, City of Schertz, Texas
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