ccspecwksp 10-15-1997
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SPECIAL WORKSHOP SESSION OF THE CITY COUNCIL
OCTOBER 15, 1997
The Schertz City Council convened in Special Workshop Session
on Wednesday, October 15, 1997 at 7:00 p.m. in the Council
Chambers of the Municipal Complex, 1400 Schertz Parkway,
Schertz, Texas. The following members were present: Mayor
Hal Baldwin, presiding; Councilmembers Charles McDonald; Joe
Potempa; Norman W. Agee, Sr.; Timothy Swinney and Ken
Greenwald. Staff present were City Manager Kerry Sweatt and
City Secretary Norma Althouse.
11 HEARING OF RESIDENTS
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A. Greg Bushnell, representing Taco Cabana, passed out some
literature for Council to read about their proposed restaurant
in Schertz. Mr. Bushnell pointed out they plan to build a
prototype restaurant here and have been moving forward with
the cooperation of City staff in the Planning and Inspection
departments. Last night Planning and Zoning rejected their
request for a sign on IH-35 and he is here to ask what
recourse they have, if any. Mr. Greenwald explained the
request for a sign height of 65' was denied - the ordinance
allows 50'. Mr. Bushnell emphasized a 50' sign is blocked by
a hill, but a 65' sign clears the hill. He is not sure Taco
Cabana can continue with their plans to build if they cannot
get this sign approval.
At this time Council reviewed the Taco Caban sign plans. They
plan to construct a 65' sign on IH-35, an 18.7' sign on FM
3009 to contain up to three (3) users, and three (3)
monument/berm signs on Corridor Loop Road. Mayor Baldwin
asked the height of the Jack-in-the-Box sign and the height of
the Schertz Bank sign and was informed Jack-in-the-Box is 75'
and the bank sign is 70'. The Mayor then asked what the
difference is in letting those businesses have a higher sign
than what the ordinance allows and not granting the same
consideration to Taco Cabana.
Mr. Sweatt stated he had suggested that because of time
restraints, the representatives of Taco Cabana speak to
Council tonight and then have their appeal placed on the
agenda next week for action. They need to file a formal
request for appeal in order for that to happen.
Mr. Swinney asked, as far as business, how Taco Cabana is
doing and Brad Smith, the other representative for Taco
Cabana, answered they're doing very well. Mr. Swinney then
observed, in reference for their need to be recognized by
passing traffic, that they do have a very distinctive
building.
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Mr. Bushnell agreed to submit a formal request for appeal so
they can be on the agenda next week for action.
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B. Amy Miffleton of 2616 Cedar Lane was present to address
the issue of skate boarding at the large pavilion. She stated
that kids from San Antonio, Judson, Clemens and Marion meet on
Friday nights to skate board at the large pavilion in the
park. She doesn't see anything wrong with that and commented
they have no other place to hang out. Ms. Miffleton went on
to say skate boarding is considered a sport. It doesn't hurt
other citizens and it is less dangerous than driving a car.
There is no alternative location to skate board. Those who
participate in BMX activity have a place for their sport.
There are no drugs or alcohol, they are not violating the
curfew and they pick up the trash. She feels preventing them
from skate boarding at the pavilion is a form of
discrimination or partial violation of their first amendment
rights.
Mr. Swinney asked for Ms. Miffleton's definition of
discrimination and she answered not being allowed to do what
others do. Mr. Swinney advised Ms. Miffleton to be careful
about using the word discrimination and remarked that when a
government makes guidelines, it's usually for the good of
people. BMX has a private facility and people pay fees to use
it.
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One of the other students (name unknown) with Ms. Miffleton
asked why a place can't be built to accommodate skate
boarding. Mr. Swinney answered that may have been a
possibility, but all the park bond issues, voted on recently
by citizens, failed.
Mayor Baldwin mentioned he doesn't think the intent is to ban
skate boarding in Schertz. Let's get to the item on the
agenda and see what problems exist.
Mr. Swinney added he thought some of the problems could be
solved if everyone cooperated. Look at the basketball court
at the pavilion as an example - it has been around for a long
time. He doesn't feel skate boarders are bad, but the City
has to consider liability.
Randall Walker of 15109 E. Lupon Road informed Council he is
19 years old and has been skate boarding for 11 years. He
"feels it has kept him from doing a lot of bad things like
drugs.
#2 Review video "The Role of Municipal Court in City
Government."
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At this time Council watched a twelve minute video on the role
of Municipal Court in City Government. At the end of the
video Judge Leroy Cinnamon spoke briefly about the meaning of
maqistrate. Council thanked the Judge for his time.
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#3 Discuss authorizing application for library grant.
Mr. Sweatt advised access to the internet has been talked
about during the budget sessions and this grant would make up
to $50,000 available for that access. Council has a copy of
the information in their packets. Either a resolution or a
minute order would be necessary for authorizing the
application.
Gail Douglas, City of Schertz Librarian, told Council the
application needs to be submitted by November 1st. This is a
great way to get $50,000 for access to the internet and also
access to the card catalogues of the San Antonio Library. She
is proposing four (4) computer stations at the library with
access to the internet. It is her understanding this will pay
for the T-l line for the first year and for maintenance for
the first three years. The library has a circulation of
100,000, which is great for a small city.
Council agreed they were ready for this item to be placed on
next Tuesday night's agenda.
Before moving on to the next item, Ms. Douglas asked Council
if they could do a resolution supporting the school district's
application for a grant. They saw no reason why that couldn't
be done.
. #4 Discuss rules regarding skate boarding damage to
public property (large pavilion).
Mr. Sweatt explained this item is on the agenda in response
to Public Works reports of damage by skate boarders to the
large pavilion. They have the following concerns: (1) damage
to the pavilion, (2) crashing into the metal concession stand,
(3) skating off roofs of the restrooms, (4) trash cans lying
about (used by skate boarders), (5) the basketball players
being crowded out, (6) fights among skate boarders, and (7)
assumption of some responsibility of liability if they make
rules.
Mr. Swinney
filed and Mr.
if there had
Sweatt replied
asked if any official
Sweatt answered no.
been any complaints
there had not.
police reports have been
Mayor Bladwin then asked
from neighbors and Mr.
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There was discussion about the intimidation of numbers (50 to
75 skate boarders and 75 to 100 bystanders), about the fact
the skate board jam has been made known in the area, about
things for young people to do in the area and the fact
churches can't seem to provide enough activity for them, and
about others who hang out at the pavilion who have nothing to
do with the skate boarders.
Mayor Baldwin indicated he doesn't see a problem here -
pavilion is a sturdy structure. Also, skate boarding
becoming a national past time.
the
is
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Mr. McDonald suggested the skate boarders need some
organization. Perhaps they could pay dues to hire off-duty
policemen and pay for liability insurance.
Mr. Swinney stated he thinks privatization is the answer. He
suggested they organize even though it will cost them some
money. He also recommended they get some sponsorship and find
a building.
Mr. Sweatt admitted they don't have the answer. They
prepared to prohibit skate boarding, but are willing to
with them to come to some kind of agreement, perhaps
leasing of an area.
were
work
the
Mayor Baldwin commented he doesn't understand the money issue.
All the students live in our City. Are we going to charge the
basketball players to use the pavilion? The Mayor also
doesn't think we should put the students on a guilt trip
because their parents didn't vote for the parks issues on the
bond election ballot.
Mr. Swinney entertained the possibility of prohibiting skate
boarding permanently until they find alternative locations and
come up with some guidelines.
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Mr. Potempa felt the students should be allowed to use
pavilion it is a public park and you can't ban them
using the park. He also felt they should come up with
guidelines.
the
from
some
Mr. McDonald strongly suggested this group of students meet
with the City Manager immediately and work out some
guidelines.
Mr. Greenwald questioned how the City could ban
using the park, but also suggested they meet with
Manager as soon as possible. If damage to the
continues, then ban skate boarding.
them from
the City
pavilion
Mayor Baldwin pointed out parks are a place for kids to play.
It keeps them off the streets and out of trouble. He doesn't
think the City can prohibit them from using the park. Yes
they need some organization and some guidelines, and perhaps
some protective equipment, but he feels the City should work
with them. He did agree that if the damage continues, then
the skate boarding will have to be stopped.
Mr. Swinney took exception to the fact that every time it
comes to a decision like this, the Mayor thinks if they don't
have the activity, then all the kids will be criminals. Mr.
Swinney doesn't feel that is the case.
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Council was
should meet
agreement.
unanimous in feeling that the skate boarders
with the City Manager and work out some kind of
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#5 Discuss sidewalk placement policy.
Mr. Sweatt noted he had put a memo about this policy in
Council's packets last week and didn't hear from anyone. He
is certain they are all aware of the ramifications.
been considerable discussion and review concerning
and requirements pertaining to placement of
throughout the City.
There has
the policy
sidewalks
Mr. Sweatt then read the following from the memo he had
drafted:
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Section 31 of the Unified Development Code (UDC) provides that
sidewalks will be required along both sides of all streets
throuqhout the Citv. While a section of the UDC states the
Planninq and Zoning Commission (P&Z) mav waive sidewalk
requirements where topoqraphic conditions or drainage areas
preclude their consideration, other provisions, specificallv
Section 31.8, states that "where sidewalks are required
pursuant to this Section and the developer wishes an exception
from the requirements for sidewalks, the developer mav appeal
to the Citv Council throuqh the Planninq and Zoninq
Commission. The Commission will make a recommendation which
mav waive the requirements for sidewalks, or mav defer the
installation of sidewalks to whatever time the Council feels
appropriate. The developer shall place an amount in the
sidewalk escrow account with the Citv, sufficient to cover the
actual cost of constructing the sidewalks as determined bv the
Public Works Department.
Section 31.5 of the UDC further provides: "sidewalks shall
qenerallv be installed with the construction of the primarv
structure on a tract or lot when a subdivision or a unit of a
subdivision is developed in phases and is 95% complete.
Sidewalks will be completed alonq the front of vacant
residential lots and common areas."
Effective immediatelv, please be aware of and take appropriate
steps to insure compliance with this ordinance and policv and
assure sidewalks are installed on both sides of streets,
including FM 3009 and Schertz Parkwav.
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In those circumstances such as Greenshire, Woodland Oaks
Villaqe, Carolina Crossinq, etc., in which the subdivision
improvements includinq border walls (other than sidewalks on
FM 3009 or Schertz Parkwav) have been completed, when the lots
abuttinq these streets have primarv buildinq construction
after this date, the sidewalk is to be installed or
waiver/deferment solicited.
All requests for exceptions and waivers for this matter shall
be considered bv the P&Z Commission and forwarded to Citv
Council for anv final action.
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Mr. Sweatt then stated if Council is satisfied with this, it
. will become policy.
After a brief discussion on existing subdivisions and the fact
the City doesn't think they can do anything about that, on
whether or not the City can force developers to put sidewalks
outside a brick fence, and on the reality it's hard to go
back, but the City can hold future subdivisions accountable
for sidewalks, Council agreed to go with the policy as written
and see what happens.
Mr. Greenwald asked Mr. Sweatt if he ever got any ADA
information regarding cinder trails and Mr. Sweatt replied it
appears as if ADA doesn't regulate things other than concrete
sidewalks.
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#6 CITY MANAGER'S REPORT: A. Mentioned that Billy Pitts,
the intern, is working on sending out the survey on the recent
bond election and would like to send an accompanying letter.
When discussing who could sign the letter and get the best
response, it was determined probably the Mayor. Mr. Pitts
would like to include a return envelope with the letter.
Should we put postage on the return envelope or just include
the envelope? Council agreed they should just include the
envelope. Mr. Sweatt noted that a survey will be sent to
everyone who voted and a sample percentage to those who didn't
vote. It was suggested that there be drop-off stations for
the return of the surveys.
B. Commented he will probably be called out of town because
his brother-in-law is dying, but the City Secretary and the
Deputy City Secretary can get the agenda out.
C. Related the GVEC franchise agreement expires May 23, 1998.
He would like to see the City have more power over the
location of poles, level the playing field between gas and
electric, and require underground installation. Mayor Baldwin
stressed it's a critical issue and we need to read any new
agreement very carefully. What we really need is to be
educated about our rights as a City.
Mr.
Mayor
buyout
he can
Greenwald remarked we need to know the cost of buyout.
Baldwin wondered if we need a consultant to study the
and can we do that. Mr. Sweatt replied they can and
find a consultant.
#7 ITEMS BY COUNCIL: Mr. Swinnev: Remarked that the
Business Appreciation dinner last night was very enjoyable.
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Mr. McDonald: Echoed Mr. Swinney's remarks about the
Business Appreciation dinner. He felt the businesses, as well
as everyone else, really appreciated it.
Mr. Greenwald: A. Suggested the City get together with the
Highway Department about putting signs along IH-35 telling
drivers which exits have gas stations, restaurants, etc. Mr.
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