ccwks 05-23-06
Session
May 23, 2006
The Schertz City convened Workshop Session on 23,.2006
at 7:00 the City Council Chamber Workshop, 1400 Schertz
#4 Schertz, Texas. following were present:
Baldwin presiding, Council Members Fowler, David Scagliola, Reginna
Agee, Tony Wilenchik Michael Carpenter. Also present were City
Don Taylor, Asst. City Manager John Bierschwale and Mary Deputy
Secretary.
#1 TO ORDER:
Mayor Baldwin called the meeting to order at 7 :00 p.m.
#2
320 Maske Rd. voiced concern with rumor he heard regarding
closing the west Road and dedication of right-of-way. If this is to happen,
he is opposed and reminds everyone that he has been a long time resident and has always
had two-Way access out of his property. Mr. Ackermann stated there is a drainage
problem thatis being caused by surrounding property. He was advised that closing of the
west side of Maske wouldn't happen for at least three years and that the drainage issue
would be researched.
Schertz Chamber of COll1merce representative informed that SCOC
would be holding first membership drive June 1, from 3 p.m. to 7 p.m. and extended an
invitation to all.
Robert Brockman, 1000 Elbel Rd. inquired on the new Public W orksbuilding
dedication. When was it planned for? He was advised dedication had already taken place.
3820 Arroyo Seco voiced concern with the parking situation around
the island at Seco, and bus traffic. He has no problem with the "no parking"
markings, however would like it to be aesthetically pleasing.
3 845 Arroyo Seco also voiced the same concern; however he pointed out
that this street is not the only street with parking problems. All other islands in the area
share this problem. Its not so much the residents causing the problemas are the guests
visiting the area. He also has no problem with the "no parking" markings and agrees that
aesthetics are important.
3916 Arroyo .Seco, another concerned citizen, stated she believes that
narrowing the medians would widen the streets and help the situation.
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3840 Arroyo Seco stated he believes "no parking" markings are an
Issue suggests possibly adopting an ordinance prohibiting parking in these areas
would be sufficient.
3905 Arroyo Secovoiced concerns similar to those previously discussed
Jimmv Dean. 3841 Arroyo Seco stated thathe's . observed emergency vehicles having
problems in these areas. However, he pointed out that the islands. are. beautiful and
narrowing them would possibly encroach into the live oak trees. He asked that if signage
is an option, that it not be a large sign.
At this time, Mayor Baldwin stated that item #9 would be addressed next on the agenda,
due to the number of concerned citizens present.
#9 on recommendations Transportation Safety Advisory
Committee.
Patricia Ramirez, TSAC representative spoke on the issue and reported that the TSAC
recommends no parking signageor possibly painting curbs red. TSAC also suggests that
the City look into a possible redesign of island construction to address this type of
situation.
It was pointed out that residents have expressedconcems as previously mentioned, and
also. that something has to be done. However, residents would like Council to consider
the aesthetics of the area. Painting curbs red is very much a concern and suggestions were
expressed that the possible use of signage (entrance of Subdivision) would be a better
option..Discussion followed on the.issue and Councilmember Wilenchik suggested that
Council, after review of options, make a recommendation on their findings, and allow the
BOA to make the decision. It was mentioned that the no parking issue could be
implemented by adopting a City Ordinance. However, it is believed that in order to
enforce the Ordinance, it must be posted. Unless the law has changed this is possibly a
not an option.
City Manager Taylor stated he would research the options, as well as State law covering
signage usage and make recommendations to the HOAso a decision would be made.
A memo from the Arroyo Verde HOA's regarding suggestions include the following:
. Prohibit parking around all islands on Arroyo Seco by City Ordinance
. Painting roadway along curbs red indicating "no parking" zone.
. Painting curbs red indicating "no parking" zone.
. Erecting signage around the islands for "no parking" zones.
Mayor Baldwin thanked everyone for all comments and concerns and assured everyone
that the City's first concern is safety above anything else, and believes everything will be
done to satisfy everyone's concerns.
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It was Council consensus to have this item brought forward at the June 6th Council
meeting for consideration.
#3 Discussion on rmalreading by the Council City of
Schertz, Texas authorizing an of right-of-way.
City Manager Taylor reported there were no changes to the Ordinance. It was Council
consensus to place this item on June 6th Council meeting for consideration.
#4 ORDINANCE: Discussion on first reading of an ordinance by City Council
of the City of Schertz amending the Unified Development Code (UDC) Ordinance
No. 96-S-28 by repealing Ordinance No. Article Sign Standards, and
creating a new ordinance replacing Article IX, Sign Standards, establishing a
penalty, repealing conflicting ordinances, and establishing an effective date.
Leonard Truitt, Building Official, reported that for the past 10 months the sign ordinance
has been under review and completely rewritten. The committee focused primarily on the
following areas: procedure,definition and violation (penalty fees). The sign ordinance
has been reviewed by the Planning and Zoning Commission, Public Hearings held, and is
before Council with a recommendation for approval from the Commission.
Mr. Spain, City Attorney, inquired if Council, in lieu of previous comments (regarding
election signs), wanted to include a provision addressing election signage on City
property. It was mentioned that it was believed that a decision had been made previously
on the issue. That decision was not to waive staking of signage on City property on
Election Day or any other day.
In brief discussion Council made the following comments relative to signage on Election
Day:
. Who are signs benefiting, citizens or candidates?
. What is the limit on signs?
. Safety hazardous?
Councilmember Wilenchik stated that if signs educate, he is in favor of allowing signage
staked to the ground. If not, then he is against it.
Assistant City Manager Bierschwale reminded Council of one factor to consider:
electrical/fiber optic cables are run underground in the immediate area. This presents a
safety concern, as on the possible damage caused bystakingsignage and the costs
incurred.
Councilmember Scagliola inquired on yard sale signs and noted that ordinance addresses
definition only and refers to Chapter 10 of the Code of Ordinances. He added that in
review of Chapter 10, only two signs are allowed and believes two aren't sufficient. He
was advised that review of Chapter 10 would be done and number of signs would be
addressed. Councilmember Scagliola inquired if the ordinance were to be applied, how
many people would be in non-compliance (signage)? He was advised that currently there
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are signs non-conforming, and that some would fall under the grandfather clause. He
asked how citizens would be notified about the new ordinance? He was advised that
notification to citizens would be made via Schertz Tales, etc. It was pointed out that
residents would have to come in.and register signs that fall under the new ordinance. He
asked if there is a form for residents to fill out? At this time, there is not one available,
however a form would be designed and made available.
Discussion followed on electronic signs and the City possibly having one installed.
Would the City be in violation? It was mentioned that government facilities are exempt.
Councilmember Agee, in response to comments made by Councilmember Scagliola
relative to the limit of yard sale signs, noted that this type of signage was limited due to
the number. of signs that were previously staked out in neighborhoods throughout the
City.
It was Council consensus that first reading of the Ordinance be considered at the June 6th
meeting.
#5 ORD INAN CE: Discussion an ordinance by City Council
of of and adopting rules and procedures for meetings
of
Mayor Baldwin explained that the Ordinance is a combination of the three documents:
Current Ordinance, City Council Code of Conduct and Procedures and excerpts from the
ModernRules of Order.
Mr. Spain, City Attorney went on to explain that the Modern Rules of Order Was
discussed as a proposed replacement to Robert's Rule of Order. Because the publication
is copyrighted, he received permission from the author to use excerpts. These excerpts
have been modified to fitwith City government. The Ordinance before Council is a draft
document for review, modification and consideration.
Councilmember Fowler referenced item 2.3 and received clarification on executive
session recordings and the use ofa certified agenda of closed meetings. He was advised
that the requirement is by State Law. Another change was to item 4.1: in the absenc.e of
the Mayor or Mayor Pro-tem the chair shall go to the most senior Councilmember.
Changes were also noted for item 5.1, addition of preparers of agenda, 6.7 a change to
use "consideration" in the text, 6.8 requirement of3 members, 8.3 chart, 8.9 regarding the
use of "totable", 11.2, time limit to five minutes, .7 compensation, discussion to do
away with compensation and go to stipend of expenses, 6.7 voting clarification. Item 3.7
was merely a suggestion by Councilmember Carpenter to consider possibly doing away
with compensation.
Councilmember Wilenchikstated that he has served on Council. for the past five years
and in those five years rules haven't been followed; Council has acted professionally and
there are no problems that he is aware of. He voiced concern with the adoption of the
Ordinance and believes it will tie Council to the process. He believes it will be more
about the process rather than the substance. He went on to say that currently the City has
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numerous Ordinances in place that are not being followed as a City, and unless Council is
prepared to follow everything in this Ordinance, he is not in favor of adoption.
Mr. Spain stated he's a firm believer of rules and procedures and certainly doesn't want
rules to become an impediment; rules are designed to help, a helpful tool for structure.
Councilmember Agee agrees with Mr. Spain and believes it's beneficial to have rules in
place. Mayor Baldwin pointed out that he's the first to admit that he has conducted
meetings very loosely and hasn't followed rules at times. However, he has been fair to
everyone concerned. Councilmember Scagliola stated that possibly these rules are a bit
restrictive. He states that in his attendance of meetings he hasn't seen problems arise,and
questioned why, if it isn't broken it should be fixed. He tends to agree with
Councilmember Wilenchik.
A brief discussion followed on Ordinance adoption, possibly establishing guidelines and
City Charter requirements. City Charter requires that Council adopt rules and procedures
by Ordinance; however Council may choose not to follow these rules. It was pointed out
that not having rules is risky.
Mayor Baldwin stated he has no problem with following the rules and will follow them to
the best of his ability. Mayor Baldwin believes the majority of Council is in favor of
establishing rules and procedures.
It was Council consensus to consider this Ordinance at the meeting of June 6, 2006.
#6 ORDINANCE: Discussion reading of an ordinance by City
Councilofthe City of Schertz a licensing agreement.
City Manager Taylor reported on changes to ordinance (training video), however
discussion followed covering such items as:
. Charging no fee for law enforcement agencies
. Possible charge of a deposit
.. Imposing penalty for violation of copyright (possibly $500,000.00)
Chief Starr stated he believes that if a fee were imposed, law enforcement agencies would
not check out the video, and added that the Ordinance includes or imposes a fee if the
video is not returned within the due date.
Discussion followed on the issue and it was determined to impose a deposit at the time of
check out which the Chief, on a case-by-case basis, would determine the amount.
#7 RESOLUTION: Discussion on a resolution City Council the
for cooperation commitment to establish a South
Texas Training Center for Emergency Services.
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Fire Chief Friesenhahn explained that the resolution before Council is for support of a
training facility for the South Central Texas Regional area. At this time, Lt. David
Hughes gave a presentation on the training facility that included the following:
Training facility description that includes equipment/training building,
training tower~ natatorium and driver area.
.. Land requirement-7 acres.
<<I Cost breakdown that included land, training tower, training building,
equipment building, concrete~ natatorium, gun range~ office equipment,
landscaping fora grandestill1ated totalof$5,090,750.
. Conceptual site plan, layout and floor plan.
Chief Friesenhahn explained that for several years efforts from surrounding counties have
continued to support and promote such a facility. Such a facility enhances the
professional skills in responding to occurrences by emergency services (Fire, Police and
EMS). The facility would provide public safety education and preparedness in the event
of disasters and acts ofterrorism, as well as enhancing the protection ofdtizens.
A brief discussion followed regarding insurance for the facility, and the responsible or
ownership city where the facility would be built.
He went on to say that location hasn't been determined; however he believes location
mustbecentralized for the nine (9) cities that would be involved.
It was Council consensus to support the resolution and would consider it at the meeting
of June 6th.
#8 Discussion on Improvement Program and Fee Analysis.
Larry Dublin, Ford Engineering representative provide a slide presentation of the water
system and sanitary sewer system capital improvement program and impact fee analysis
2005 for the City of Schertz. The presentation provided the following:
Overview:
Authority and cause
II Current fees set by 2002 Ordinance
III Review every five years
II Massive growth presents a need to re-evaluate fees
Land Use assumptions
II No change since study of 2002
. Population assumptions
III Extraordinary growth experienced by the City during the past five-
years/projected growth nowhere close to reflect population
assumptions.
. Criteria
III Defined facility improvements/expansions to meet future needs
III Plan developed based on a 5-year plan due to growth.
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III Eligible and Ineligible items for recovery under the plan.
Capital Improvements Plan:
It Water system improvements
II Establish independent, supporting zones
III City divided in four quadrants
It Wastewater system improvements
III Service areas -2005,201 o and ultimate build out.
III Current sewer system maintained by CCMA-required payment
III Areas not presently having no regional collection system
II Capital improvements, including Dry Comal/Town Creek
collection system; establish trunk collector lines in the SW/W
areas of city, and expansion of treatment plant/trunk lines of area
in the FM78 and IH 10 area.
Impact Fee Derivation
It Equivalent dwelling unit (EDU)
. Connection of standardized measure consumption
. Recovering of fees
. Equity recovery fee calculation
. LUES
. Methods of recovering costs
Impact Fee Calculation-tablesincluded
Discussion followed regarding rate increases, control of surrounding plants, and SSLGC
possibly implementing impact fees in the near future. Currently, the impact fees fall in
line with the study of 2002. However, with growth, an increase is justified. Discussion
and explanation followed on current and .future SAWS impact fees. Assistant City
Manager explained that impact fee calculations are being worked out from the different
entities within the City and possibly will have estimate figures by next Council meeting.
However, because of process requirements such as public hearing publication,etc., the
item will before Council sometime in July for final consideration.
#10 Discussion of the Schertz Enforcement
Program.
This item was pulled from the agenda and would be consider at a future meeting.
#11 Discussion and action on the appointments to Recreation
Advisory Board.
Council Member Agee made a motion, seconded by Council Member Carpenter, to
appoint Aundra Davis to the Parks and Recreation Advisory Board. The vote was:
AYES: Council Members Fowler, Scagliola, Agee, Wilenchik and Carpenter.
NAY: None.
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Discussion action appointments t.o the Library Advisory
Council member Agee made a motion, seconded by Council member Carpenter to
appoint Neota Brady, and Carl Douglas to the Library Advisory Board and John COffeau
as ex-officio member. The vote was:
AYES: Council Members Fowler, Scagliola, Agee, Wilenchik and Carpenter.
NAY: None.
#13 Discussion Program
Cooperative Agreement
City Manager Taylor explained that the program is a re-qualifying for continued
participation in the Housing and Urban Development (HUD) Community Development
Block Grant (CDBG) and Home Programs for the fiscal years 2007, 2008, and 2009. He
went on to explain that in the past the City qualified, however the City no longer qualifies
to participate in the program, under the County side. The City will seek assistance on the
State side.
#14 EXECUTIVE SESSION: Called under Chapter of the Texas
Government C.ode, Sub-Section, 551.071-Consultant with Attorney regarding
pending and contemplating litigation Sub-Section about
Real
An Executive Session was held from 9:39 p.m. to 10:27 p.m.
#15 Action, on Executive Session.
No action was necessary.
#16 by Manager Taylor .and
II Reported that TXDOT is placing a 3-way stop sign at Wiederstein
Road/IH-35 frontage road.
III Mentioned that it would take approximately $135,000 to replace EMS
ambulance.
#17 by Council
Fowler
. Inquired on the seal coating. being done .on. Schertz Parkway (fairly new) .and is
surprised that deterioration of the road is happening so soon. He was advised the
road is undergoing crack sealing.
. Reported receiving requests for speed bumps from neighbors.
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Councilmember Scagliola
Mentioned a drainage (standing water) issue in the Northcliffe area, and that
Northcliffe resident actually got TXDOT to work on the problem that was caused
by them.
Councilmember Agee
. Had no comments.
Mayor Wilenchik
II Asked for a report on expenditures from Juan Santoya, Finance Director.
III Reported having attended seminar in Bastrop on Financing, bond issue. Very
good course.
Councilmember Carpenter
. Had no comments.
# 18 Items by Mayor
. Asked for Council volunteers to take over Liaison positions that are vacant due to
Councilmember changes resulting from the City election.
The following Councilmembers were elected to serve as liaison to the vacant boards:
Councilmember Scagliola, TSAC and Schertz Humane Society
Councilmember Fowler, EDC
Councilmember Carpenter, Library, Parks and Recreation Board
# 19 ADJOURNMENT
Mayor Baldwin adjourned the meeting at 10:49 p.m.
ATTEST:
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