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ccwks 12-10-03 Council – Workshop Session Wednesday, December 10, 2003 The Schertz City Council convened in workshop session on Wednesday, December 10, 2003 at 7:00pm in the Municipal Complex Conference Room, 1400 Schertz Parkway, Schertz, Texas. The following members were present: Mayor Pro-tem Greenwald presiding, Councilmembers Carl Douglas, Steve Simonson, Reginna Agee, and Tony Wilenchik. Mayor Baldwin absent. Staff members present were City Manager Mark Marquez and Deputy City Secretary Mary Ybarra. Mayor Pro-Tem Greenwald called the meeting to order 7:00 p.m. and explained meeting would adjourn and reconvene in the Council Chambers due to large attendance. Mayor Pro-Tem Greenwald reconvened in Council Chambers and thanked everyone for their cooperation. He reminded everyone that this evening is not a public hearing; any comments must be made under agenda item “Hearing of Residents”. He asked that anyone interested in speaking must sign in and everyone would be given the opportunity to speak, however after this, discussion will follow with Council only. #1 Hearing of Residents. Ms. Amy Madison, Community Development Director reminded Council that there are still a few days left in the year to consider sponsorship for the January, 11 Disney World Marathon. The marathon run and funds raised will help th research for the AT Children Project (ATCP). Her three children (Ron, Jamie and Andy) have AT. She also mentioned she is vice-president of foundation. This is her first time running in a marathon and is very happy to be sponsoring all three of her children. She would like to give thanks to Councilmember Wilenchik (professional marathoner) for getting her up to semi-marathon speed. Out of 18,000 participates, 200 will be representing AT Children Project (26-mile run), and would appreciate any sponsorship. 100% of money raised goes toward scientific research. Councilmember Wilenchik asked what form of sponsorship was Ms. Madison asking for? He was advised, “Money”. She is accepting cash and checks or anyone can go to the web site (ATCP.org) to make contribution. She thanked Council in advance and noted they would be receiving correspondence from her. The following are residents signed up to speak: Bob & Mary Hermanson at 4313 Golden Oak deferred comment to anyone else wanting to speak. Lincoln Coderre at 19094 Old Wiederstein Road thanked Council for the opportunity to speak. His concern is widening of Wiederstein Road. He went on to say that his home built in 1953 and remodeled in 1999 is located at the intersection of Dean Road and Wiederstein Road. The problem he is facing is the house is so close to the road already and if widening occurs, road would be in the front living room, road is that close. There is also a cluster of Oak and Pecan trees at front of property, which he wouldn’t like bulldozed. He’s not against progress (Continental Homes project), however would like to suggest possibly using IH-35 frontage as construction entrance, not using Wiederstein Road. As for the traffic impact analysis done and outcome, the chart couldn’t be so incorrect; traffic is unbelievable. The charm of the area is gone and it’s become a safety issue. He has taken upon himself to rally the troops (residents) and keep them informed. The residents in the area are not giving up without a fight. There are several residents’ homes like his that are close to the road and he is not welling to give up any easement rights. No one wants a four-lane highway running in front of homes. There is a need to compromise, bulldozing people and taking land is not compromising. Lets work together to come up with solution that would work for everyone. Robert Brockman at 4505 Grand Forest noted that City Manager is doing a good job; two red lights have been replaced on tower. He appreciates having it done. Robert Horne at 1422 Circle Oak voiced concern against opening of street (Silver Oak). Traffic is unbelievable and believes Circle Oak cannot handle traffic coming off new subdivision. He went on to say that contractors are ignoring the closed signs “no thru traffic”, and reiterated, he is against any traffic coming out of the new subdivision. Wendell Ray Cornish at 1406 Circle Oak also stated concern against additional traffic onto Circle Oak. Don Schaezler at 19349 Old Wiederstein Road echoed Mr. Coderre comments. He also brought up issues of possibly coming up with alternative route (running parallel) to Wiederstein Road. He also inquired on sewage plan for the area? He mentioned attending meeting in Cibolo, where there was discussion on joint planning between Schertz/Cibolo on sewer issues. In discussion with Commissioner Wolverton he was informed Dean Road could possibly be utilized (sewer line) and not use wooded area (bird sanctuary). He would like this possibly to be taken into account in discussions relative to sewer. Susan Schaezler noted that residents like Mr. Coderre have Cibolo addresses, however are residents of Schertz and would like Council to keep that in mind. Carolyn Wolfer at 1637 Canyon Oak (Oak Trail Subdivision) asked for a compromise if it at all possible. She believes neither section (subdivisions) is going to win; each section will eventually have increased traffic. However, if compromise were reached would it be possible that the barrier that is put in place allow for foot or bike traffic, etc? This would allow resident access (through Arroyo Verde Subdivision) to park area without having to go around onto streets. Erica Jucknies representing Continental Homes informed Council she would be available to answer any questions when Council gets to item #3. David Corona at 1620 Circle Oak voiced concerns as many others have this evening. He doesn’t want to see any more traffic either and safety is also an issue when is comes to school buses. He doesn’t see solving the issue when it comes to safety, but on the other hand doesn’t want to see kids getting hurt on FM3009 as a result. Dick Wehman at 1320 Circle Oak stated he represents the community as Community Relations Council President. He would like to thank Council for responding to the concerns and issues at hand. It was good to see traffic studies being done and reminded Council that all issues discussed this evening are valid concerns. He hopes that a good resolution is reached in Council discussion this evening. Jill Mayo at 4324 Golden Oak stated she has oppositions and risks getting lynched this evening. She spoke on such issues as traffic, safety, quality of life, interconnect activity, and possibly having two exits to get out if there was need. She believes there is a need to work together to come up with a solution that would work for everyone. Novella Lewis of Cibolo, Texas stated that traffic is a major issue and asked, “When will the building stop.” There being no other citizen comments, Mayor Pro-Tem Greenwald stated #4 would be moved and be the next agenda item. #4 Discuss tax freeze for persons over 65. City Manager Marquez explained the reason the item is before Council is due to recent legislation passed granting the opportunity of local government to present a tax freeze to person over 65 or disabled. Asking such questions as, is this viable, what options are there, and what are potential costs to the City. He asked, Mr. Ed Barnes, County Appraiser Assessor to be present, however he did not make it this evening. He however, provided information that is part of Council packet, providing exempt information for the City of Schertz. He went on to explain the City’s exemption categories (4-major ones) that are in place for the City. He added that at this time the City has 1,303 accounts for over 65 residents, with granted exemption amount of 10,000.00 with a saving of $38. 25 based annually on $100,000.00 home. The market value of these exemptions for the total over 65 levy is approximately $431,000.00, which computes to loss of taxes in the amount of approximately $49,000.00. This figure computes to 1.17% of total levy, which he believes the City can deal with. He further explained how the exemption would actually freeze tax to those individuals with no improvements to property, however if improvements were made an increase would be made accordingly. Also, exemption would follow onto a spouse if one became deceased, and exemption would cease if home were sold. He isn’t sure it’s the smartest thing to do, but obviously it’s a great benefit for the person over 65. In his opinion, as much as he tries to keep tax rate down it will eventually rise and when that happens those exempt individuals will have to pay the difference. Another important issue to consider is that as the City grows the over 65 population will grow as will those individuals not 65, but who can apply for exemption when the age is reached. The exemption is also an import that carries over from another City. As the years go by, cost will be passed on to those individuals under 65. If this is acceptable, the City will manage and taxes will be raised at some point to make it work for everyone. Councilmember Douglas stated it’s his understanding that once tax freeze is in place it cannot be undone. He was advised that was true. Councilmember Wilenchik noted that if tax freeze were not implemented, it’s his understanding that on receipt of petition signed by 5% of registered voters (City or County) the City would have to put the matter up for referendum. He was advised that is correct. In his opinion, if the City does nothing or implements the tax freeze it really doesn’t matter. If it goes to referendum and referendum passes, it is passed. Councilmember Wilenchik voiced concern on passing of tax freeze by the City. In his opinion the City would become a magnate to individuals over 65, who in turn would be passing the burden (higher taxes) to younger individuals and possibly hurting the City’s economic growth. The City should consider the impact it might have on the City. In his opinion, unless the City’s hands are tied and the City has to do something by referendum his not sure any action is necessary at this time. Councilmember Douglas concurs with statement, however regardless on what is decided, and if petition is submitted, and referendum comes about, the City has no choice, but to put it to the voters. Let them decide. However, a clarification on numbers is needed. His request was noted. Councilmember Agee noted portability clause and referenced that individuals moving from a lower tax rate City and over 65 would import with tax freeze in place to City with a higher tax rate. Councilmember Simonson stated that he believes if issue becomes reality it would affect the citizens across the board and should go before the citizens for an election. It isn’t a decision he believes should be made by Council. He went on to say that it’s an issue that would affect everyone including Council, and believes there is a need to do something with the current exemption; make it clear and understandable to citizens. As citizens get older they should know how it could affect each and everyone. If the City goes forward, he would like to see the matter placed on agenda giving citizens the chance to sign petition (referendum) giving every citizen the opportunity to voice their opinion. Citizens should have a clear understanding and provided with information on how each and everyone is going to be affected. He truly believes it’s a referendum issue and not a City Council decision. He’s personal feeling is that it’s too big of an issue for Council to saddle the rest of the City with. Whether there is a referendum request are not he would like to take a look at what the City is currently offering for benefits (exemptions) and possibly do some tweaking in those areas. Council believes there feelings have been voiced and believe City Manager Marquez has been given a clear understanding on where Council stands on the issue. #2 Discussion on re-opening Silver Oak and other related issues. City Manager Marquez stated that initially a resident of Oak Forest raised the issue being discussed this evening. He briefly covered concerns about traffic on Silver Oak and Circle Oak; traffic generated is primarily by contractors having blatant disregard for citizens in the area. The alleyway use by contactors is another issue that may be resolved by placing a fence separating the alleyway and property being developed. The fence won’t totally stop it, however might put a dent in traffic. At this time there will be some inconvenience until the development is built out. A traffic study has been done and at this time isn’t sure what the numbers are on traffic coming out of Wynn Brook onto Silver Oak. He is also waiting on a traffic study being done by developer on traffic being added to Circle Oak. The issue, in the end, is that Circle Oak will have to open up at some point. The interconnectivity is needed between subdivisions allowing inner circulation to subdivisions and school access. No time limit has been set for re-opening of Silver Oak, however it will be opened. He further stated that there is the issue of speeding, he is recommending placing speed bumps at alleyway. He believes there is a sufficient safety problem for residents along the alleyway. He noted the City would be installing (2) speed bumps unless more than half the residents object to having them placed. The City will be canvassing the street for the outcome. As for speeding on Circle Oak, he pointed out that the problem is not a “traffic calming”, but more of neighbors (driving to fast) not obeying the law. The recommendations and options have been stated and the decision or further instruction is up to Council, remarked City Manager Marquez. Councilmember Wilenchik inquired on TXDOT’s long-range plan on FM3009. He was advised, Phase 1, deals with PID, Phase 2, (5-year study), and Phase 3 are still in the planning stages. The improvements along FM3009 would continue all the way to FM78 with placement of turn lanes-deceleration/acceleration lanes. The phase 1 (PID) is placement of median to the entrance of Forest Ridge Subdivision and placement of light at HEB second entrance. In brief discussion the issue of possibly using cameras to catch traffic violators was suggested, along with Councilmember Simonson suggesting other means such as calming speed humps (stripping), using different curbing causing visibility issue that could possibly slow people down. These two options aren’t expensive and are means of slowing traffic. He was advised it won’t cost an arm or a leg to look into the issue, however it would cost approximately $8,000 to install them. If residents are willing to pay the cost the City will install them, however the Circle Oak area isn’t the only area in need of slowing traffic down. Everyone is driving to fast, how many does the City need to install and where does it stop? It was Council censuses to have City Manager come up with prices for no less than 12 speed hump devices to be installed in different areas of the City. #3 Discus first reading of Ordinance regarding rezoning 192.48+ acres from General Business (GB) and Residential A (R-A) to 38.2+ acres as General Business (GB) and 154.3+ acres as Residential 5 (R-5). (Continental Homes of Texas LP) (Tabled 10-21-03). Mayor Pro-tem Greenwald asked for motion to remove item off the table for discussion. City Manager Marquez advised it was unnecessary to remove item off the table. The issue this evening is discussion on whether the item should be placed on next agenda and un-tabled then for discussion. The following was discussion on the issue. City Manager Marquez remarked there are three major issues associated with the matter. He has major concern with Wiederstein Road, however after follow up research there is some level of comfort that the right of way will be obtained (to build road) without infringing on property owners along Wiederstein Road. The project is still on going and at this time doesn’t know what the details are. The other issue is sewer (Town Creek) lines. Plans are in the works with staff and discussion with Cibolo last evening at Council meeting. At this time, there is no time line in place and funding is another issue; how will it get funded. He went on to say that preliminary discussions have taken place with Heitkamp representatives in which they have indicated a willingness to participate. The main concern with the sewer line are the number of lift station needed, however Mr. Bierschwale has come up with suggestions on reducing the number, eventually finding a way to tie into the Town Creek sewer line, reducing the number of lift stations. Mr. Bierschwale suggestions are acceptable and workable. The final concern was brought up by Mayor Baldwin, how would the issue conflict with the City’s Comprehensive Land Plan? He noted many things have changed since the development of Comprehensive Land Plan and named a few, the annexation of Northcliffe and development of additional residential. Does the area still warrant industrial development, with 700+ additional residential lots going in? Would industrial developers want to develop next to golf course, roof tops, etc.? With time changing, should the City rethink that portion of IH-35 corridor? He believes the City should retain the commercial (250’) buffer along IH-35, however beyond that he isn’t sure on keeping the industrial portion. In conclusion, he recommends Council continues discussion at next meeting and try reaching a judgment on whether to un-table issue, and placing it on future agenda for consideration. At this point he recommends doing so. Councilmember Simonson agrees with Mr. Marquez comments and would like to see the matter placed as an agenda item for discussion covering issues relative to Comprehensive Land Plan being four years old and possibly make decision accordingly regarding industrial development and residential development in the area. He believes Wiederstein Road should be look into relative to short term and long term. He agrees the issue merits discussion and fully understands residents concerns, however no mater what happens growth will continue and Wiederstein Road will become busier and busier, with no alternative but to improve. He also recommends further discussion is necessary. City Manager Marquez stated that staff along with Mr. Bierschwale and Ms. Amy Madison has been working through Wiederstein Road issues. He hasn’t had a chance for review, but plans would be brought to Council at next meeting to show how it will work. The plan includes looking for the right path without impacting the residents, which he believes is doable. In brief discussion, Council concurs that with changes occurring within the City relative to annexation, zoning, growth and development in sister cities warrants revisiting the City’s Comprehensive Land Plan. What was good planning years ago isn’t necessarily the best approach today. Without further discussion, it was Council consensus to place matter on March 16 meeting for removal off the table. th At this time, Council took a short break and moved across the hall, Conference Room for an Executive Session. #10 EXECUTIVE SESSION: Called under Chapter 551 Texas Government Code, Subsection: 551.071-Consultation with Attorney. An Executive Session was held from 8:35 p.m. to 10:01 p.m. #11 Action, if any, on above Executive Session. No action taken. #5 Discuss final reading of Ordinance regarding proposed assessment roll for Schertz I-35/FM3009 Public Improvement District. City Manager Marquez advised there were changes and recommends placing item on agenda at next Tuesday night’s meeting. Council agreed. #6 Discussion and possible action on resolution relating to establishing the city’s intention to reimburse itself for the prior lawful expenditure of funds from the proceeds of obligations to be issued by the city for authorized purposes; authorizing matters incident and related thereto; and providing an effective date. City Manager Marquez advised the Resolution enables the City to reimburse itself for the West Dietz/Maske Road Improvement project. Mayor Pro-tem introduced resolution and read caption as follows: RESOLUTION NO. 03-R-25 A RESOLUTION RELATING TO ESTABLISHING THE CITY’S INTENTION TO REIMBURSE INTSELF FOR THE PRIOR LAWFUL EXPENDITURE OF FUNDS FROM THE PROCEEDS OF OBLIGATIONS TO BE ISSUED BY THE ICYT FOR AUTHORIZED PURPOSES; AUTHORIZING MATTERS INCIDENT AND RELATED THERETO; AND PROVIDING AN EFFECTIVE DATE. With no further discussion, Councilmember Agee moved to approve above resolution as read. Councilmember Simonson seconded the motion, which carried with the following votes: AYES: Councilmembers Douglas, Simonson, Agee, and Wilenchik. NAY: None. #7 Items by City Manager General Announcement ?? No comments. #8 Items by Council General Announcements Councilmember Douglas Liaison EDC ?? Had no comments. Councilmember Simonson 4-B Board Liaison BVYA ?? Advised he had comments on BVYA, however would bring them up next time. Councilmember Agee 4-B Board Liaison Schertz Housing Authority Liaison Schertz Library Board ?? Advised she can on longer service as liaison on Schertz Library Board because she has been selected to service on the Guadalupe County Children’s Advocacy Board, and it conflicts because it falls on the same night. She needs some one to take her place. She advised the Library Board meets the 1 Monday of the Month at 7 p.m. Councilmember st Douglas volunteered to service as liaison to Library Board. Item would be placed on next agenda for consideration. Councilmember Wilenchik 4-B Board Liaison Schertz Humane Society Liaison HOA Coalition Ex-officio-TSAC ?? Asked if Schertz Animal Control changed its name to Schertz Animal Services. Apparently, there was some sort of correspondences that was mailed out or published, isn’t quite sure on the details but will research further and get back. Councilmember Greenwald 4-B Board Ex-officio P & Z Commission Ex-officio SSLG Corp. ?? Referenced copy of letter about an article in newspaper and stated he plans to be in Commissioners Court at 10:00 a.m. tomorrow morning. He has asked City Manager Marquez that on their way back from the meeting they stop and visit with Mr. Tommy Crow, Seguin Gazette editor and voice their displeasure with Mr. Kirk. ?? Informed he had plats from Planning & Zoning meeting last night if any one is interested. Plats for housing units, plat for strip center, plat of property adjacent to Police Department, request for re-zoning of 35 acres and considerable discussion on Verizon tower going in behind Schertz Funeral Home. #9 Items by Mayor General Announcements ?? Mayor Baldwin was not present. #12 ADJOURNMENT With no further business, Mayor Pro-tem Greenwald moved to adjourn the meeting at 10:13 p.m. . ~ Mayor, City of Schertz, Texas ATIFST:~ ~ Deputy City . :::t~, City of Schertz, Texas . . 119