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06-17-03 .--.... " 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. 276 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. 277 -----... ) #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. r 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. 278 (~) 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. 279 -~ #8 PUBLIC HEARING DATE: Consider at,ld take action setting public hearing date ) 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 ~'\ ~- ) 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. \ 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 281 ...."-.".~.....,,'} Inquired who is responsible for the walking bridge at Cibolo Creek. Mr. Marquez I 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. 282 [This page intentionally left blank.] 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. , ATTEST: ~-/ ~~o-' i City Secretary, City of Schertz, Texas \ 283 .