ccwks 10-29-03
Council – Workshop Session
Wednesday, October 29, 2003
The Schertz City Council convened in workshop session on Wednesday, October
29, 2003 at 7:00pm in the Municipal Complex Conference Room, 1400 Schertz
Parkway, Schertz, Texas. The following members were present: Mayor Hal
Baldwin, presiding, Councilmembers Carl Douglas, Steve Simonson, Reginna
Agee, and Ken Greenwald. Councilmember Wilenchik absent. Staff members
present were City Manager Mark Marquez and Deputy City Secretary Mary
Ybarra.
At this time, Mayor Baldwin called the meeting to order at 7:00 p.m.
In reference to item one of the agenda, the Mayor commented that a considerable
group has signed up to speak, most from Circle Oak. For those who have not, he
passed the sheet giving everyone the opportunity to do so.
#1 Hearing of Residents
The following are residents that signed up to speak:
Frank Johnson, 1533 Circle Oak took the opportunity to thank those members
(City Manager and Assistant City Manager) who were responsible for blocking
Silver Oak to contractors. He believes the problem Circle Oak is experiencing is
due to poor planning. Poor planning when Benchmark Subdivision built 130
homes with no additional ingress/egress to the subdivision. Adding to the
problem will be Pulte homes, adding an additional 130 homes.
He went on to say that in conversation with Ms. Amy Madison Community
Development Director, he was informed that most of the residents from these
subdivisions would exit out onto Green Valley Road and continue on to FM 78.
In his opinion, more of the (morning) traffic is going onto I-35. He also
mentioned having been informed that a direct road from Wynn Brook II (Pulte)
to Green Valley Road would be constructed, however it was not. Instead, a road
was placed to Green Valley I unto Green Valley II. In his opinion the easiest
route (residents would take) would be out to Silver Oak onto Circle Oak and
shoot out onto FM 3009. In his opinion there shouldn’t be a waiting period on
deciding what to do with the road. He believes residents will get settled in
utilizing Silver Oak as an outlet, and believes that further down the road the City
will have a major battle with Pulte and Circle Oak residents if change is made.
He pointed out several options the City could possibly consider:
a. Placing gate at the street: City told developer he could do it.
b. Making a one-way street.
c. Placing stop sign half way down between FM 3009 and Golden Oak
Drive, runway at top of hill, and placement of speed bumps.
d. Making a private street, allowing only school buses and emergency
vehicles.
He went on to say, whatever is decided must be done before Pulte residents
starting moving in and a pattern is developed. He believes path of least
resistance would be utilized, and Silver Oak is that path.
Susan Rose, 1323 Circle Oak Drive commented that traffic is not slowing down.
She is usually out in her yard, and on many occasions has had to yell “slow
down”; traffic is not going 20 mph. She pointed out, there are three children (ride
bikes daily) living on this street, and it’s a miracle no one has been hit by a car.
Ms. Rose stated the need for a stop sign is imperative from the top of the hill onto
FM3009, and not only an occasionally police officer at the bottom of the hill is
going to help.
Dan Buell, 1513 Circle Oak also commented safety is factor. He believes there is
a lot of traffic going up and down the road, and added the subdivision has one of
the least accessible streets (Circle Oak) along FM3009 when it comes to getting on
and off. Safety is an issue, and should be the prime concern as much for the
residents as others. He believes it was poor planning by the City when it allowed
building of these homes, and then funnels all traffic down a given area. The City
seriously needs to look at solving the problem. The cat has been let out of the bag
and probably to late for some areas. In his opinion, he believes there should have
been plans for another access route.
Mike McGivney, 4209 Crown Oak commented that additional traffic of 100 to
150 more cars on Circle Oak that would probably push another 100 cars unto a
neighborhood (across bridge) that is already over crowded. He suggests possibly
buying a lot, stop the building of home (new Pulte development on greenbelt
side) for approximately five years for the possibility of making entrance/exit
over to Green Valley Road giving relieves to all.
Edna Hambler, 1548 Circle Oak commented she is the only resident on Silver
Oak with a garage; she would like to get into. There have been situations
preventing me from getting in and out of my own garage. For instance, today a
pile of dirt was dumped in the middle of the street (front of garage). She went on
to say that when she purchased her home in 2000 her understanding was that the
street was to be a “dead in” street, and if built, would have outlet on the other
end, there is not.
Dick Wehman, 1320 Circle Oak commented that with the addition of stops signs
he believes a speed race trap has been created from the top of hill on down. The
City placed the speed monitor trailer on street (Circle Oak) and seldom did
traffic go the speed limit of 20 mph. The idea of placing stop sign (Golden Oak)
was to slow traffic down, however because street is flat terrain the street is being
used as speedway. It’s not contractors as someone mentioned, but it’s a lot of the
residents (teenagers) that are speeding. The first citation given after placement of
stop signs was to one of the residents. He believes placement of speed bumps is
an option, after a few jerks, its possible traffic would slow down. He believes cost
would be minimal.
He went on to say another major issue that needs to be brought to the attention
of TXDot is entrance at FM3009 (bridge). He recalls discussion (City and TXDoT)
regarding widening road and letting them know it’s not going to work. He
believes bridge was built incorrectly even though an engineering study done. He
stated that when traffic pulls up it has to make a direct 90% turn at slow speed,
when traffic is coming at you at 60 mph. This issue needs to be fixed now. In his
opinion, if all new traffic is to be dumped onto Circle Oak and expected to exit
onto FM3009 all traffic will have to make that same slow turn, which then creates
a similar situation at intersection of HEB. He believes with some engineering a
direct link could be placed out onto Green Valley. If flooding occurs, due to area
being in flood plain, then traffic could be directed out through school zone.
Ron Glazemen, 1512 Circle Oak Drive shared a bit of history regarding original
plan, which was discussed (few years ago), regarding plan to egress out onto
Green Valley, which was main reason for expansion. Other options were
discussed, which did not come about. He recommends taking another look at
everyone’s misgivings discussed this evening; obviously history has been a bit
different then what everyone anticipated. He would like to have someone revisit
the egress issue originally planned (through greenbelt). He believes there is still
an opportunity to make right some wrongs and redo some promises that were
previously made and didn’t happen. Lastly, he mentioned the misuse of
alleyway behind his home. Contractors are using the alleyway to go to and from
new construction area, and something needs to be done.
John Walsh, 1517 Circle Oak reiterated same concerns discussed this evening by
everyone.
Larry Logan, 1500, Circle Oak seconded all comments made this evening, and
reiterated that alleyway is definitely a concern.
City Manager Marquez commented he has listen to all concerns and has made
list of all. He pointed out most of the traffic problems such as speeding and
others mention (by residents) this evening are being caused by new neighbors or
others in the neighborhood. He went on to say that more stop signs are possible,
however with growth more traffic is anticipated. He commented the problem
would be look at, and possibly come up with solutions such as; one-way street
for Circle Oak, placing stop signs and possibly speed bumps.
Mayor Baldwin asked that residents give the City some time to check into the
problems and possibly come with solutions that would satisfy everyone
concerned.
City Attorney Michael Spain advised that the issue under discussion isn’t an
agenda item and further discussion could not continue. The issue could be
placed on a future agenda for further discussion if needed.
It was mentioned there had been a request for the issue to be placed on an
agenda, however it has not. Is there a reason it has not? City Manager Marquez
advised it was an oversight on his part and apologized. He certainly could place
the issue for discussion at a future agenda if residents so desire. Resident’s
reached a consensus that in their opinion the City has been informed adequately,
and no need to place issue on agenda again.
Robert Brockman, 4505 Grand Forrest had the following comments:
??
Commented there isn’t enough sitting capacity for large groups.
Something needs to be done. He was advised the City is working on a
larger facility
??
Advised that the last two weekends lights on Woodland Oaks/Savannah
Drive have been off. Also, there are some light bulbs burned out along
Schertz Parkway.
#2 Public Works Update
Larry Dublin of Ford Engineering reported on various City projects as follows:
??
I.H. 25 1.5 MG Elevated Tank- finalizing in the next two weeks. Having a
walk through on Monday.
??
Live Oak Water Plant-12 MGD Pump Station- finalizing in the next two
weeks.
??
Wiederstein and FM 3009 Intersection- finalizing in the next two weeks.
The issue of sidewalk erosion was brought up, it was pointed out the City
and car wash would maintain, ensuring no problem. There was mention
that during construction period, speed sign (50 mph) and street sign
(Crest Oak) had been removed; would these signs be replaced? It was
advised that TXDOT has ordered signs and would be putting them up.
??
Schertz Parkway Reconstruction-finalizing in the next two weeks.
Contractor is finalizing such items as lights, etc. He pointed out that the
City would have a one-year warranty after contractor releasing project.
There was mention that part of retaining wall along Schertz Parkway
(passed Carolina Crossing Subdivision) has fallen down. The matter
would be checked out.
??
Lower Seguin Road Waterline-project is ongoing and being done by City
forces and as of September 30 project is less than 1000 feet to go. Work is
th
continuing on fire hydrant adjustment, etc.
??
1518/IH 10 South Waterline- all easements finally worked out, contractor
finishing up on pipe work and fire hydrant adjustments, etc. Looking at 2
to 3 weeks for completion.
??
Dietz Creek (FEMA) Drainage Channel-contractor has been working on
retention pond berm as well as spillway pours. Have completed a portion
and will finish up this week. Working on utilities at Elbel Road structure,
however have run into problems with Southwestern Bell Company (SBC)
and GVEC. In process of relocation of poles and lines, drilling was done,
resulting in crews drilling into cable. Because of this SBC had to go
through the bid process, contracting for a re-drill and re-installment of
cable. Cable was installed approximately two weeks ago, however in
pulling the cable to surface, the sheath was pulled off the wire. In the
attempt to continue, moved drill to different location and retried, however
could not locate the cable (16’ deep). SBC has lost cable. Because of this the
project has lost time and money to have contractor on hold. If the problem
cannot be resolved in the next couple of days, the City will have to look
into recouping money from SBC and possibly seek attorney advice.
??
Upper Dietz Creek Drainage Channel-at this time funding is an issue and
as soon as funding is resolved will jump right back into it.
??
Green Valley CCN Swap- ongoing project. This project will be providing
dual service to the area.
??
NPDES II Permit- project on hold.
??
GIS System-project is moving right along. 90% of zoning/street map is
complete.
??
Master Sewer Plan-at this time the only thing that is being worked is
Town Creek sewer. Have met with CCMA and negotiations are ongoing.
??
Street and Drainage Master Plan-on going.
??
FM 3009 Live Oak Signals-completed.
??
PID Creation and Road Design- final meeting among partners is planned,
Friday, at State Bank & Trust. Have not heard from TXDOT at this time.
The last two parcels are in negotiations and it looks like no condemnation
proceedings will be needed. Possibly having parcels of land finalized in
the next two weeks.
??
Parking Lots at City Hall Complex and Library Parking Lot- ongoing,
base is in, concrete curb, and flat work is scheduled for this week. Looking
at paving library parking lot also. Will schedule paving on scheduled
closing of library. Change order was initiated with contractor (City Hall
Complex) to include library parking lot.
??
Public Works In-House Projects are as follows-
Paving at Live Oak Water Plant
o
Graytown Road and South area street blading
o
Fall clean Up-ongoing
o
Tear down Scout Hut-done
o
Water crews are flushing on schedule
o
Library parking lot-prep for overlay-need to schedule 24 hours for
o
paving.
I and I studies in Northcliffe-ongoing
o
Handicap ramps on schools side at athletic field-done
o
Pothole repairs on south side and Borgfeld-ongoing process.
o
Chipping on Fridays-ongoing operation
o
Citywide mowing on schedule
o
Updating Public Works Ordinances.
o
#3 Discuss timeline and process for annexation.
City Manger Marquez stated it’s time to begin process. He reminded Council of
strategic planning session (this year) and the importance of proceeding with
annexation. He pointed out that annexation is doable, however it will be a very
tight schedule and Michael Spain, City Attorney will further explain.
Mr. Spain explained that the general annexation law requires a City to have an
annexation plan for a typical annexation. However, there are some exemptions
that the City may take advantage of. Such an exemption is a voluntary request to
be annexed. Another is annexation of an area of low density, which this
particular one falls under. This type of annexation can be done in 60 days, which
is good because it could be done before the end of the year.
At this time, a timeline was passed out regarding annexation process. He went
on to say that it would require action this evening if Council so desires to go
forward. He explained two public hearings would be scheduled with final
approval of ordinance on December 30, 2003, thus as of January 1, 2004 the
property would be in the City limits of Schertz for ad valorum tax purposes. The
property 655.5 acres have approximately fifteen to twenty owners of property,
however only six reside.
He went on to say that if Council so desires to go forward this evening, Council
would start the annexation process by adopting Resolution, which include the
following items:
??
Notice of intent to annex delivered to property owners, private and
public entities that provide service to area, and each school district.
??
Calling of public hearing, setting date and notice of public hearing
publication.
??
Preparation of service plan by Planning & Zoning, which needs to be in
final form by the first public hearing.
??
Submittal of documents to Department of Justice.
Mr. Spain commented that the adoption of Resolution (revised acreage to 655.5
acres) this evening would start the process, and then explained schedule in detail
covering the process to the end.
City Manager Marquez advised Council the effect of schedule would give
Council three extra meetings beyond the normal schedule.
Mayor Baldwin questioned why is the City in such a hurry to finalize annexation
by the end of the year? Why can’t the City proceed in a normal course? He was
advised that with development occurring in neighboring areas it would be
beneficial to the City to gain control of area. Mayor Baldwin stated that basically
the area is farmland with no real tax base gain, what’s the rush.
City Manager Marquez further explained that the City hasn’t annexed any
property in a long time, and if this one doesn’t get off the ground before year-
end, the City plans to have two of three others plus this one in the next year. It
was also pointed out that the City has lots of holes (land) to fill in, and process
must begin.
Mr. Spain commented that if Council so desires to continue with annexation
proceedings and acreage is annexed, the City would have to provide services
(EMS, Fire, Police and Solid waste, etc.) to the newly annexed area.
It was Council consensus to proceed with annexation plan.
#4 RESOLUTION: Consider and take action on resolution relating to
the Annexation of approximately 650 acres located adjacent to the existing City
limits line parallel to IH-35 for the North boundary, the City of Schertz/Cibolo
ETJ located on the South boundary and between the existing City limits lines
along Northcliffe/Scenic Hills Development and City limits line that parallels
Eckhardt Road to the East, containing approximately 650 acres of land;
Authorizing and Directing the Giving, Filing, and Publication of all Required
Notices and the preparation of a Service Plan and other Matters Relating
Thereto.
Mayor Baldwin introduced a Resolution and read caption as follows:
RESOLUTION NO. 03-R-
RESOLUTION RELATING TO THE ANNEXATION OF
APPROXIMATELY 655.5 ACRES LOCATED ADJACENT TO THE
EXISTING CITY LIMITS LINE PARALLEL TO IH-35 FOR THE
NORTH BOUNDARY, THE CITY OF CIBOLO ITJ FOR THE SOUTH
BOUNDARY AND BETWEEN THE EXISTING CITY LIMITS LINES
ALONG NORTHCLIFFE/SCENIC HILLS DEVELOPMENT ON THE
WEST AND THE CITY LIMITS LINE THAT PARALLELS ECKHARDT
ROAD TO THE EAST; AUTHORIZING AND DIRECTING THE
GIVING, FILING, AND PUBLICATION OF ALL REQUIRED
NOTICES AND THE PREPARATION OF A SERVICE PLAN; AND
OTHE MATTERS RELATING THERETO.
Councilmember Agee moved to approve the Resolution as read. Councilmember
Ken Greenwald seconded the motion, which carried with the following votes:
AYES: Councilmembers Douglas, Simonson, Agee, and Greenwald.
NAY: None
#5 Discuss Emergency Services Day.
City Manager commented that memo speaks for itself regarding Fireman’s
Supper. Sometime ago the City stopped the function. He believes it’s a terrific
opportunity for citizens to meet those individuals who protect them. After some
thought and thinking he would also like to include PD and EMS. These two
organizations are rarely included in these types of events.
He went on to say that he plans to “front fund” the project with City funds and
reimburse from the proceeds, with Council approval.
An attached memo outlined the activities planned, which is scheduled for June 5,
2004. The event would begin mid afternoon to midnight. There are plans for
games, demonstrations by PD, Fire and EMS, BBQ dinner, soft drinks, beer,
carnival, dance and raffle (two major prizes; motorcycle, and trip to Las Vegas,
plus 23 other prizes). The memo included a summary of cost totaling $23,200.
Plans to sell raffle tickets (16,000) with an assumed 50% return ($40,000). With
the money raised the Emergency Service Dept’s would utilize money for
scholarship programs and funding special projects.
Council consensus was to proceed with Emergency Services Day.
#6 Discuss final reading of Ordinance rezoning 4.0+ acres from PD to GB
(Trico/Shadeports, Inc.).
No discussion, Council would be ready to take action at Tuesday night’s
meeting.
#7 Discuss final reading of Ordinance establishing the Walko
Reinvestment Zone.
No discussion, Council would be ready to take action at Tuesday night’s
meeting.
#8 Discuss final reading of Ordinance approving a Tax Abatement and Tax
Abatement Agreement for Walko Investments, Inc.
No discussion, Council would be ready to take action at Tuesday night’s
meeting.
#9 Discuss final reading of Ordinance establishing the G.D. Bar
Reinvestment Zone.
No discussion, Council would be ready to take action at Tuesday night’s
meeting.
#10 Discuss final reading of Ordinance approving a Tax Abatement and Tax
Abatement Agreement for G.D. Bar Family Limited Partnership.
No discussion, Council would be ready to take action at Tuesday night’s
meeting.
#11 Discuss final reading of Wrecker Franchise Ordinance.
City Manager Marquez advised of one change to Ordinance, Section 8a.
Franchisee must have location (impound yard) within the City limits, the reason
being faster response when needed.
With no further discussion, Council would be ready to take action at Tuesday
night’s meeting.
#12 Discuss final reading of Ordinance regarding dissolution of Schertz
Parkway Zone Board of Directors and disposition of funds.
City Manager Marquez advised that part of Council packet is signed resolution
by chairman and recording secretary of recommendation to dissolve the Schertz
Parkway Zone Board. Beyond including the resolution there are no changes.
With no further discussion, Council would be ready to take action at Tuesday
night’s meeting.
#13 Discuss Reimbursement Contract for Water, Waste Water and Waste
Disposal.
City Manager Marquez advised the reimbursement contract is pretty
straightforward. It’s a form of participation agreement with Forest Ridge
Subdivision. As indicated on map the subdivision wants to run line and connect
with City outfall line (Caroline Crossing). What this means is that the City would
enter into a participation agreement; reimbursement would take place to
developer and City (within seven years of completion) as individuals connect to
line. Live Oak Hills is the area in question, which will eventually develop.
Council consensus was to proceed with contract.
#14 Items by City Manager
General Announcement
??
Reported on report from IT personnel regarding website hits. Time frame
of Oct 1, thru Oct. 24 the website has received 4,000 hits.
th
??
Commented code review is on its final stage. Have met with Mr. Spain
and reviewed fine points. Project is moving along.
??
Referenced FYI response from Northcliffe residents regarding
correspondence letter.
??
Reminder of United Way Campaign is underway. A Friday morning
breakfast at Community Center at 7:30 am and 8:30 am is scheduled and
Council is invited to attend.
??
Reminded Council to hold on to workshop documentation until the
matter has gone through the entire process. Unless there is objection from
Council, documentation will not be printed again. The only time printed
matter will be reprinted would be if there were changes.
#15 Items by Council
General Announcements
Councilmember Douglas
Liaison EDC
??
Thanked and expressed appreciation for flowers sent to his mother in her
recent stay at hospital due to a stroke.
Councilmember Simonson
4-B Board
Liaison BVYA
??
Thanked Public Works for chopping down the weeds on Corridor Loop
Island. He really would like something done at island entrance.
Councilmember Agee
4-B Board
Liaison Schertz Housing Authority
Liaison Schertz Library Board
Had no comments.
Councilmember Wilenchik
4-B Board
Liaison Schertz Humane Society
Liaison HOA Coalition
Not present.
Councilmember Greenwald
4-B Board
Ex-officio P & Z Commission
Ex-officio SSLG Corp.
??
Reported receiving word that Mary Malone’s mother had passed away
last week. Also, Betty Ann Mathis, (SSLGC) mother passed away.
??
Referred to wavier given Resurrection Baptist Church on parking lot
during construction phase because at the time could not afford it. It was
granted based on the fact that eventually parking lot would be extended.
It is his understanding that the Church is planning a new building or new
addition.
He went on to say that Sunday if you happen to drive by the Church, cars
were parked (along road, grass, etc.) everywhere.
Mayor Baldwin stated that this overage was due to a special event at the
Church. Attendance was unusual. Councilmember Greenwald
commented that due to this over parking, an emergency vehicle would
have had problems getting through. He suggests looking into the issue
and possibly research Planning and Zoning minutes regarding the time
frame of variance.
??
Advised of Seguin/Schertz Local Government Corp. (SSLGC) strategic
planning session scheduled for Thursday at 2:30 p.m. in Seguin.
??
Commented on Time Warner invitation of November 5. If anyone is
th
interested in attending he has an invitation. Mayor Baldwin asked if
anyone has heard who has been selected as Home Town Hero for the City.
#16 Items by Mayor
General Announcements
??
Referred to Oak Forest issue and request to place it on agenda for
discussion. The residents had been promised twice, and he believes closer
attention is a must for this type of matter. It’s embarrassing for Council,
City Manager and the residents for such things to happen. He suggests
giving Public Works some time to come up with options, put issue on
agenda and possibly come up with some sort of positive action.
City Manager Marquez apologized for the oversight, lesson learned.
.
#17 EXECUTIVE SESSION: Called under Chapter 551 Texas Government
Code, Sub-Section:
551.072- Deliberation regarding real property; and
551.073- Personnel Matters; and
551.097- Deliberation regarding Economic Development negotiations.
An Executive Session was held from 9:10 p.m. to 10:20 p.m.
#18 Action, if any, on above Executive Session
No action was taken.
Before adjournment, Mayor Baldwin asked for assistances in locating an
individual with some medical background from the City of Schertz to service on
hospital committee in Seguin. Please let him know so assignment can take place.
Seguin is desperately seeking input from this side of Guadalupe County.
Councilmember Agee commented she possibly might be interested and would
make a phone call to find out more information.
.
#19 ADJOURNMENT
With no further business, Mayor Baldwin moved to djourn the meeting at 10:27
p.m.
Mayor, City of
Secretary, City of Schertz, Texas
.
62