ccwks 10-01-03
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CITY COUNCIL MINUTES
SPECIAL WORKSHOP SESSION
OCTOBER 1,2003
The Schertz City Council convened in Special Workshop Session on Wednesday,
October 1,2003 at 7:00 p.m. in the Municipal Complex Conference Room. 1400 Schertz
Parkway, Schertz, Texas. Those present were Mayor Hal Baldwin, presiding;
Councilmembers Carl Douglas, Steve Simonson, Reginna Agee, Tony Wilenchik and
Ken Greenwald. Also present were City Manager Mark Marquez and City Secretary
Norma Althouse.
#1 HEARING OF RESIDENTS
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Norman Slocnm of 1516 Greenwood spoke, thanking Mayor Baldwin and
Councilmember Simonson for their help to the Schertz-Randolph Neighborhood. Mr.
Slocnm explained that in the summer of 2001, he was a member of the Schertz Board of
Adjustment and one of their monthly snmmaries was an update of the Comprehensive
Plan. They were told by Steve Simonson if they wanted to get anything done, they would
have to get involved. An Ad Hoc Committee was formed and nine out of ten of its
initiatives were completed. The Schertz Randolph Neighborhood is in the East Central
School District. There are only twelve children involved and they wanted to have them
in the Schertz-Cibolo-Universal City School District. They were not successful in getting
that accomplished. However, because of support by Mayor Baldwin and Mr. Simonson,
a lot of things were accomplished and he is here tonight to thank them. He hopes the
City appreciates these two men.
Robert Brockman of 4505 Grand Forrest had the following comments:
. The Stop signs at Ashley Drive and Schertz Parkway need to be taken down. Mr.
Marquez promised to take care ofthem.
. Wondered when the Scout Hut is coming down. Mr. Marquez replied whenever
the Fire Department completes their activities and when the Safe House is
finished, it will come down.
. He found out at the Guadalupe County Commissioners Court meeting that Schertz
is the second largest entity in the County. Seguin has a population of25,000.
. The Election Office on Elbel Road has been closed.
. Is it time for a jay-walking ordinance? Adults set a poor example for children.
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. Asked if they are going to paint white stripes across where the school zones are
located.
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. He asked Tony Wilson to write an article about the traffic lights on Schertz
Parkway. The traffic really gets tied up and he's not in charge of the cameras.
Mr. Marquez told him those cameras are smart signals and they're supposed to
adjust to the traffic pattern. He will check into the problem. Mayor Baldwin
mentioned Planning and Zoning took out the entrance/exit. Why not put in just an
exit? Mr. Simonson added there was discussion about it being a blind site
because ofthe hill. Mr. Marquez noted the School District didn't adequately plan
for traffic circulation.
#2 Discuss final reading of Ordinance regarding stop intersections and all-way
stops.
Mayor Baldwin asked if there had been any changes to the ordinance and Mr. Marquez
answered there had not been. Council agreed they were ready for this item to be included
on next Tuesday night's agenda.
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#3 PUBLIC HEARING DATES: Consider and take action setting public hearing
dates on the following:
(a) Requests to establish the G.D. Bar Reinvestment Zone and to establish the Walko
Reinvestment Zone;
(b) Requests for Specific Use Permit from George Smith and from Larry Fritz of Audio
Concepts; and
(c) Requests for rezoning from Continental Homes of Texas, LP and from Trico
Shadeports, Inc.
Mayor Baldwin explained they need a motion to set the public hearing dates and the City
Secretary says October 21, 2003 is a good date.
Mr. Simonson moved to set October 21, 2003 as the public hearing date to establish the
GoO. Bar Reinvestment Zone and the Walko Reinvestment Zone. Mrs. Agee seconded
the motion, which carried with the following votes:
A YES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald.
NAYS: None.
Mr. Wilenchik moved to set October 21,2003 as the public hearing date for the Specific
Use Permit requests from George Smith and from Larry Fritz. Mr. Greenwald seconded
the motion, which carried with the following votes:
AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald.
NAYS: None.
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Mr. Greenwald moved to set October 21, 2003 as the public hearing date for rezoning
requests from Continental Homes of Texas, LP and from Trico Shadeports, Inc. Mr.
Douglas seconded the motion, which carried with the following votes:
AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald.
NAYS: None.
#4 Discussion regarding traffic problems in Oak Trails and Oak Forest subdivisions.
Frank Johnson of 1533 Circle Oak and Rav Cornish of 1406 Circle Oak both expressed
concern about the increase in traffic in Oak Forest and Oak Trails since development of
the Wynbrook Subdivision, and particularly the building of the Wynbrook Elementary
School. New homes are being built without new streets. Mr. Johnson noted construction
hasn't even started on some homes, and once it does, something is needed to deter new
residents out to Green Valley Road. The quality of living has gone downhill. Mr.
Cornish stated there are only two ways out and they were led to believe there would be a
direct street out to Green Valley Road. Mr. Johnson remarked people used to walk and
ride bikes in the neighborhood, but they don't anymore.
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Mr. Marquez commented the main concern was to interconnect between the subdivisions
to get to the school. Mr. Simonson indicated they need to see a Master Plan of the
entire area. Things can be done to help alleviate traffic. We need to take a look at our
options.
There was a brief discussion about an adjoining subdivision in Cibolo and the fact there
is no interconnection to Cibolo Valley Road. Mayor Baldwin wondered why we didn't
make Cibolo build a 60' road. Subdivisions need to be linked together and the opposite
has happened.
David Richmond, Planning and Zoning Chairman, stressed it is a very difficult location
to work with. Planning and Zoning worked very hard with Larry Aiken, the developer of
Wynbrook, and they thought they had a plan with a good traffic flow. It looked great on
paper.
Mr. Greenwald commented Nell Deane dead-ended for almost 30 years. No developer is
going to come in and dead-end and wait to build.
Mayor Baldwin asked if they could possibly make Silver Oak a one-way street. Mr.
Greenwald pointed out the intent was to keep people off FM 3009. Mrs. Agee
recommended staff take a look at the problem and come back with some
recommendations for solving it.
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#5 Discussion regarding Planning and Zoning.
Mr. Marquez advised this item was requested by the Council. The issues we're looking
at are muddled. It all started with the retirement of Steve Simonson. His replacement
lost credibility with the Planning & Zoning Commission. Mrs. Madison is a set of new
eyes and possibly threatening to the Commission.
Mr. Richmod related they have been working together with Mrs. Madison. Some of the
personality problems have been relieved, but there are still issues to be resolved. There
are issues about the number of public hearings and the length of time they take. There is
also an issue about the speed of the whole process. Why do we need Scribner notes to
come before Council? Mr. Wilenchik asked exactly what are Scribner notes and Mr.
Greenwald answered notes made by the engineer. Mr. Simonson added it is editing. Mr.
Douglas asked if that isn't supposed to be incorporated into the final plat. Mr. Simonson
related that State laws give authority for doing those things.
Mr. Marquez explained that the Planning and Zoning Commission is a voluntary function
and it has been in existence for almost 20 years. Mr. Wilenchik asked what the issues are
and why is this item on the agenda. Mrs. Agee replied she asked for it to be on because
of some of the issues and the speed of the process.
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Mr. Simonson mentioned that a joint meeting between City Council and Planning and
Zoning was held in the past. City Council has the final authority on many issues,
Planning and Zoning, historically, has done great work for the City. Schertz is one of the
few cities around where City Council does not approve plats. Mr. Greenwald is good
about bringing information to Council. Council should be apprised of all development.
The climate of the citizenry has changed. Bear in mind, however, Council is the final
authority.
Mr. Greenwald added that since Mrs. Madison started, she has been giving Planning and
Zoning updated reports. Maybe Council should get a copy. Mr. Greenwald also
mentioned the UDC is a work in progress.
Mr. Douglas said he feels the Economic Development Commission is getting more of a
handle on what Planning and Zoning is doing. Mr. Marquez pointed out a set of fresh
eyes makes a difference.
Mr. Marquez felt it is appropriate to have a joint meeting. Mrs. Madison stated there is a
potential for a joint meeting on October 29th. The Commission is working very hard.
They are looking at a lot of projects all at once. It takes too long to do some things. We
need to speed up the process. Mr. Greenwald mentioned that originally, Planning and
Zoning and City Council had public hearings on the same night. Mr. Simonson felt that
if Planning and Zoning briefs Council, they could go ahead and set the public hearings.
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Mayor Baldwin asked if there a is a way to fast track certain things. Mr. Simonson
replied one example would be to determine if the requested zoning is the best use of the
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land. Mr. Marquez observed not only the pace of activity is increasing, but the number of
requests are also increasing.
Mrs. Agee admitted that when she asked for this item to be placed on the agenda, she was
thinking don't they have better things to do. Some issues should be solved ahead of time.
Mr. Richmond stated he has always been an advocate of joint meetings and still is -
however often they have to meet. The reason they began to hear rumors about taking too
long was because the presentation to Staff got delayed. We lost credibility with the
developer, but that has turned around now. There has been a dramatic improvement.
We're going to expect a product that merits approval. If it doesn't meet the criteria, we
won't approve it.
Mrs. Madison commented sometimes Planning and Zoning doesn't get many people at
their public hearings. By the time it gets to Council's public hearing, that's when people
show up.
Mayor Baldwin recommended they take everything that can be fast-tracked and fast track
it. We need to get the responsibilities in the right hands. Council's responsibility is to
regulate.
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Mr. Marquez asked if they would like to try and have a joint meeting on October 29th.
Mr. Wilenchik stated he would be out of town. The consensus of Council was it would
be better to do it later and have their act together.
#6 Discussion regarding Planning and Zoning Commission appointments.
The Council packets included a letter from Mrs. Madison regarding appointments to the
Planning and Zoning Commission. Mayor Baldwin asked Council if they were prepared
for this item to be included on next Tuesday night's agenda. They said they were.
#7 Discussion on first reading of Ordinance adopting guidelines and criteria for
Tax Abatement and Reinvestment Zone.
Mr. Marquez advised there have been some minor adjustments to the Ordinance. They
have tried to address the issue of automotive sub-assembly. Mrs. Madison explained they
have addressed the issue of vendors and suppliers as far as their needs and incentives.
Some businesses in Tri-County are getting no abatement at all. We don't want empty
buildings. Mrs. Madison went on to say they have included a definition for
existing/expanding business and they are adding a tenant statement.
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Mr. Douglas questioned what would happen if we had an aerospace company interested
in establishing itself here. It appears to him we have limited the ordinance to automotive.
What if we just said sub-assembly? Mr. Marquez answered all areas are targeted things
the City is looking for - others than automotive would fit this level. We are trying to be
flexible.
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Mr. Wilenchik said if you read the definition of a Reinvestment Zone, we are waiting for
businesses to come to us. It seems we're doing it backwards. Mr. Marquez told Mr.
Wilenchik welcome to State law. It is not as simple as it seems.
There was a brief discussion about tax abatement and about reinvestment zones. Mr.
Marquez commented the way the law reads, you can't give a tax abatement until you
create a reinvestment zone. Mr. Marquez then stated sometimes tax abatement becomes
a tie breaker as opposed to a deal breaker.
Mr. Simonson commented we need more options for zoning. Originally FM 3009 was
zoned for General Business. Today there are pockets for retail, but the rest is residential.
Mr. Wilenchik remarked he would like to see more property zoned for retail so we could
give tax abatements. Mr. Simonson emphasized you can't force zoning on a piece of
land. Mayor Baldwin pointed out the zoning is supposed to be the highest and the best
use of the land. Mr. Marquez mentioned that so far the tax abatement program has
worked.
Council indicated their readiness for this item to be included on next Tuesday night's
agenda.
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#8 Discussion regarding Towing Ordinance.
Mr. Marquez informed Council they did no t get the information necessary for discussion
of this item.
#9 Discussion regarding TSAC Ordinance.
Mr. Simonson noted that Page 1, Exhibit 1, Section 21, it leaves out coordination and
communication with City Council. Mr. Wilenchik mentioned that nothing in there
requires a liaison from City Council. Do we want to mandate they have one? Mr.
Simonson replied it would be helpful, but not mandated. Mayor Baldwin explained they
could handle appointment of a liaison to the TSAC the same way they do other liaison
appointments.
Mr. Marquez pointed out that in Section 7, last item, he had added that all tasks requiring
staff support should go through the City Manager. The first reading of the Ordinance will
be on next Tuesday night's agenda. Council agreed they were prepared to act on the
Ordinance.
Mrs. Madison asked if the traffic impact analysis as directed by the Planning and Zoning
Commission is part of the TSAC process or Planning and Zoning's process. Mr.
Marquez said they would amend the wording. Mr. Simonson suggested making reference
to using the UDC as needed.
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#10 Discussion regarding zoning change to speed limit signs in school districts,
specifically during lunch hours at Samuel Clemens High School.
Mr. Marquez related that Mrs. Agee had asked about changing the time on the signs for
the lunch hours. Mr. Brockman mentioned he had spoken to David Fluker of the school
district about it and Mr. Fluker was not aware of any changes.
After a very brief discussion, it was decided to leave the signs as they are now.
#11 Discuss public hearing scheduled for October 7, 2003 on a Specific Use Permit
request from Nextel of Texas.
Mr. Marquez informed Council they have in their packets all the information related to
the Specific Use Permit request from Nextel. Council was ready for this item to be
included on next Tuesday night's agenda.
It was decided to hold the Executive Session before having the items by the City
Manager, Council and the Mayor. At this time Council took a short break before going
into Executive Session.
#15 EXECUTIVE SESSION: Called under Chapter 551 of the Texas Govemment
Code, Sub-Section 551.72, Deliberation regarding real property; and
. Sub-Section 551.73, Personnel Matters.
An Executive Session was held from 9:25 p.m. until 10:29 p.m.
# 16 Action, if any, on above Executive Session.
Mr. Greenwald moved to advise the City Manager to proceed with the purchase of the
Good Shepherd Church property. Mr. Wilenchik seconded the motion, which carried
with the following votes:
A YES: Councilmembers Douglas, Simonson, Agee, Wilenchik and Greenwald.
NAYS: None.
#12 Items by City Manager
General Announcements
Reported they lost two employees today out of the Animal Control Department. One was
let go and the other found a better job. They will cut back on the Sunday hours until they
get those vacancies filled.
Mentioned they are working on a new Franchise Agreement with CPS.
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Advised the Schertz Parkway Zone Board has been dissolved and they are recommending
the disbursement of funds.
Commented they received a letter from a citizen praising all the improvements to Schertz
Parkway.
Informed everyone the Sales Tax figure exceeded the original estimate by $42,000.
#13 Items by Council
General Announcements
Councilmember Agee
4- B Board
Liaison - Schertz Housing Authority
Liaison - Schertz Library Board.
Mrs. Agee had nothing to report.
Councilmember Douglas
Liaison - EDC
Commented the e-mail for customer service does work. He got a response from Rita
. Duprat-Waldo regarding a letter about Schertz Parkway.
Councilmember Simonson
4-B Board
Liaison - BVY A
Said he had received a call from a representative of the Resurrection Baptist Church
concerning land next to the Church on Live Oak Road. He told the person to call the City
Manager. Mr. Marquez commented they wanted to know when the City was going to
deed the land as parkland and he told them never.
Noted the gentleman from Northcliffe thanked him on behalf of the City for mowing that
was done.
Referred to Corridor Loop and noted two cement islands full of weeds.
Councilmember Wilenchik
4- B Board
Liaison - Schertz Hnmane Society
Liaison - HOA Coalition
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Complimented the City Staff for a very good celebration on the grand opening of Schertz
Parkway. Mayor Baldwin commented the plaque was beautiful, but it doesn't say what
it's for.
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Councilmember Greenwald
4-B Board
Ex-officio - P&Z Commission
Ex-officio - S/SLGC
Also thanked the City Staff for the celebration on the grand opening of Schertz Parkway.
The lighting at night is excellent along the Parkway.
Remarked he hoped everyone read the City Manager's letter about the damage at
Northcliffe.
#14 Items by Mayor
General Announcements
Stated appointments to the Housing Authority would be on next week's agenda.
Announced the Metropolitan Area Chamber of Commerce is holding a ribbon cutting at
10:30 a.m. on October 4th for the Bank of America.
. Noted that Night in Old Converse is October 11 th and they want him to be a judge.
Before adjournment, Mr. Marquez pointed out there is a page missing from the budget
book and they will receive new books.
#17 ADJOURNMENT
There being no further business to discuss, Mayor Baldwin adjourned the meeting at
10:40 p.m.
ATTEST:
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City Secretary, City of Schertz, Texas
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