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ccreg 04-07-1998 . . . REGULAR SESSION OF THE CITY COUNCIL APRIL 7, 1998 The Schertz City Council convened in Regular Session on Tuesday, April 7, 1998 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 Agee, Sr.; Timothy Swinney and Ken Greenwald. Staff present were City Manager Kerry Sweatt and City Secretary Norma Althouse. Mayor Baldwin asked everyone to rise and join him in the Pledge of Allegiance to the Flag. Following the Pledge, the Mayor presented two Proclamations. The first was to Cecil Tilghman, Bill Williams and Don Martin of the Kiwanis Club of the Greater Randolph Area declaring April 15th through May 2nd as "Skip a Meal for World's Children Weeks" in the City of Schertz. Mr. Tilghman explained they Kiwanis are trying to raise 75 million dollars to help fight Iodine Deficiency Disease which causes birth defects. . The second Proclamation was presented to Jack Holzmann, Transplant Coordinator, declaring the month of April as "Organ and Tissue Donor Awareness Month" in the City of Schertz. Also present to receive the Proclamation were several people who had received or donated organs - Jim Baefozar, Jim Andell and Johnny Andel!. Mr. Holzmann gave the City bumper stickers, pens and donor cards and presented the Mayor with a T-shirt. #1 APPROVAL OF MINUTES: Workshop Session 12-10-97 Regular Session 12-16-97 Regular Session 01-06-98 Regular Session 01-20-98 Mr. Greenwald moved to approve the minutes for the Workshop Session of 12- 10-97, the Regular Session of 12-16-97, the Regular Session of 1-6-98 and the Regular Session of 1-20-98. Mr. Swinney seconded the motion, which carried with the following votes: AYES: Councilmembers McDonald, Potempa, Agee, Swinney and Greenwald. NAYS: None. ABSTENTIONS: Mr. McDonald for the Workshop Session of 12-10-97 and Mr. Agee for the Regular Session of 1-20-98. . #2 HEARING OF RESIDENTS: Those citizens wishing to speak on agenda items (other than public hearing items) or items not on the agenda, will be heard at this time. -154 - . . . Several people had signed up to speak, but Mayor Baldwin questioned them and determined they wanted to make their remarks during the public hearing portion of the agenda. #3 PUBLIC HEARING: To receive citizen comments on a request to rezone 77 acres of the Besch property from R-4, R-5 and OP to R-1. Mayor Baldwin explained the procedures to be followed at the public hearing. Mr. Sweatt pointed out the location of the proposed rezoning on the map. He explained the property was annexed in 1979 and zoned as it is currently in 1986 at the request of the property owner and developer. There has been no development on the property. The Planning and Zoning Commission took a further look at the property and determined it should be rezoned to be more compatible with the surrounding area. The Planning and Zoning Commission initiated a public hearing to consider the rezoning. They sent out 32 letters to property owners within the required distance and 4 were returned in favor and 3 were returned opposed. They have already held their public hearing and are recommending approval ofthe rezoning. . Ted Duigon of 1112 Antler Drive, representing Jan Besch Day, distributed a folder to Council for their review. He observed it is interesting to see what they wish to rezone the property to since it was not stated in the Planning and Zoning's public hearing. Among some of the attachments in the folder were a copy of the Planning and Zoning agenda for 2-10-97, paperwork showing that a proposal by Randy Dim (Oak Trail Investments) to develop part of the property was discussed by Planning and Zoning on 10-27-97, and a letter from the Oak Manor Estates Homeowners Association. Mr. Duigon commented he had not been able to obtain a copy yet of the Planning and Zoning minutes for 2-10-97, but he does plan to listen to the tape. Mr. Duigon went on to say there is a lot of confusion on the public's part about this proposed rezoning. It is his opinion the Planning and Zoning Commission knew who wanted to buy the property and how the buyer wanted to develop it. The public has not been advised as to the proponents and their intentions. Also, Ms. Besch Day has had an offer on part of the property and the deal is scheduled to close on April 14h. Mr. Duigon then mentioned the problem of increased traffic on Green Valley Road and on FM 3009. Mr. McDonald mentioned he hopes the developer is aware he will have to improve Green Valley Road to use the 77 acres. . Mr. Sweatt clarified several points. The Planning and Zoning agenda of 2-10-98 specifically states that Planning and Zoning is recommending the rezoning, no one has stepped forward with any development plans for the 77 acres, and a homeowners association has nothing to do with rezoning - they have no authority in the matter. Mr. Duigon once again pointed out that the 2-10-98 agenda does not specify to what exact classifications the property is proposed to be rezoned. In other words, it does not say from R-4, R-5 and OP to R-1. -155- . . . Mayor Baldwin asked when the property was zoned R-4,R-5 and OP and Mr. Sweatt replied in 1986. Mayor Baldwin then asked if there were any restraints placed on it at that time and Mr. Sweatt replied there were not. Mr. Duigon added that Larry Thomas was the developer at the time it was zoned and he went belly up. Ms. Besch Day got the property back for taxes. Her property backs up to the garden homes in Oak Forest. Mr. Sweatt noted there have been changes since 1986 and it was the general feeling on the part of the Planning and Zoning Commission that the current zoning of the property was not compatible with the surrounding area. Mayor Baldwin expressed concern about the rights of the property owners in this case and that they hadn't asked for the rezoning. Is there any other property in the City the same way? Mr. Sweatt replied that in times past, the City has looked at the highest and best use of land in certain areas. It was never their intention, however, to penalize the property owners. Mr. McDonald thought maybe there should be a delay on this request. Because there were no further questions or comments, Mayor Baldwin closed the public hearing at this time. #4 ORDINANCE: Consider and take action on first reading of Ordinance rezoning 77 acres of the Besch property from R-4, R-5 and OP to R-1. . Mayor Baldwin introduced an ordinance and read the caption as follows: AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE UNIFIED DEVELOPMETN CODE (UDC) ORDINANCE NO. 96-S-28 BY REZONING APPROXIMATELY 77 ACRES OF LAND OUT OF GUADALUPE COUNTY AND REFLECTING SUCH CHANGES ON CERTAIN ZONING MAPS IN ACCORDANCE WITH THE SCHERTZ UDC ORDINANCE. Mr. McDonald moved to table action on the first reading of an Ordinance rezoning 77 acres of Besch property from R-4, R-5 and OP to R-1 until the next regular meeting after April 14th. Mr. Swinney seconded the motion. Before the vote there was discussion about this rezoning not being a critical issue, about problems with traffic on Green Valley Road, and about the fact Council needs to discuss what they wish to do in the area of this property. The vote was then taken and the motion carried as follows: AYES: Councilmembers McDonald, Potempa, Agee, Swinney and Greenwald. . NAYS: None. -156- . . . #5 ORDINANCE: Consider and take action on first reading of Ordinance regarding parking regulations in the 500 block of Main Street. Mayor Baldwin introduced an ordinance and read the caption as follows: AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS PROVIDING THAT CHAPTER 18 OF THE CODE OF ORDINANCES, CITY OF SCHERTZ, TEXAS BE AMENDED BY REVISING ARTICLE V, STOPPING, STANDING AND PARKING, SECTION 18-90, PARKING FOR CERTAIN PURPOSES PROHIBITED; AND PROVIDING AN EFFECTIVE DATE AND A REPEALING CLAUSE. Mr. Sweatt advised this is on the agenda after hearing from the business owners along Main Street. The manager of Ace Plumbing and Hardware would like the City to place 15-minute parking signs in the 500 block of Main Street. Responding to a question asked by Council at the workshop last week, Mr. Sweatt reported that Nathalie's was required to provide 30 parking spaces and they did comply. They have 32 off-street spaces and 2 on-street spaces. . Jim Graham of 513 Main Street, and one of the owners of Nathalie's, spoke at this time. He gave Council a letter to read. Mr. Graham said he was sure a customer could conduct business in a hardware store in fifteen minutes, but the same doesn't hold true for business in a restaurant. If these signs were placed in front of Nathalie's, it could cause a problem. The restaurant owners went to considerable expense to get off-street parking. He is aware that those customers with frailties would prefer to park in front. One of the things Mr. Graham mentioned in his letter is that he would agree to placing the signs beginning at the common wall between the restaurant and Ace Plumbing and Hardware continuing to the end of the block by Sipple's Hardware. Mr. Graham also requested that Council carefully consider the wording to ensure a more positive approach. For example, maybe specifying the hours of fifteen- minute parking to be between 8:00 a.m. and 5:00 p.m. Monday through Saturday. He feels this would eliminate the need to send police cars at taxpayer expense to monitor all hours of the day and night. Mr. Graham observed that perhaps there will be a stop light at First and Main in the future and perhaps, for safety purposes, there will be no parking on Main Street in the future. . After discussion about other possible options, about not wanting to penalize Nathalie's, and about wanting to try and help the situation at Ace Plumbing and Hardware, Mr. Agee moved to return the Ordinance to staff to be redrafted to -157- . . . include the hours of fifteen-minute parking and the designated area (suggested by Mr. Graham) for limited parking. Mr. Potempa seconded the motion. Before the vote, Mr. Swinney added he thinks this ordinance is somewhat reactionary and somewhat silly. He feels it's a shoot from the hip ordinance that will change with time. His suggestion was that all the businesses involved get together with law enforcement and come up with a handshake solution before this ordinance is considered. Mayor Baldwin explained the need for the ordinance in the short haul. At this time the vote was taken and the motion carried as follows: AYES: Councilmembers McDonald, Potempa, Agee, Swinney and Greenwald. NAYS: None. #6 ORDINANCE: Consider and take action on final reading of Ordinance regarding request from Lancaster Development to rezone 23.6 acres of land from R-1 to R-2. Mayor Baldwin introduced an ordinance and read the caption as follows: . ORDINANCE NO. 98-S-8 BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE UNIFIED DEVELOPMETN CODE (UDC) ORDINANCE NO. 96-5-28 BY REZONING APPROXIMA TLEY 23.6 ACRES OF LAND OUT OF GUADALUPE COUNTY AND REFLECTING SUCH CHANGES ON CERTAIN ZONING MAPS IN ACCORDANCE WITH THE SCHERTZ UDC ORDINANCE. Mr. Greenwald moved to approve the final reading of an Ordinance regarding the request from Lancaster Development to rezone 23.6 acres of land from R-1 to R-2. Mr. McDonald seconded the motion, which carried with the following votes: AYES: Councilmembers McDonald, Potempa, Agee, Swinney and Greenwald. NAYS: None. #7 ORDINANCE: Consider and take action on final reading of Ordinance regarding rate changes for 1998 swimming pool season. . -158- . . . Mayor Baldwin introduced an ordinance and read the caption as follows: ORDINANCE NO. 98-M-9 BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS PROVIDING THAT THE CODE OF ORDINANCES, CITY OF SCHERTZ, TEXAS BE AMENDED BY REVISING CHAPTER 12 % , ATTACHMENT "B" OF SAID CODE, PROVIDING FOR THE USE AND REGULATIONS OF THE SWIMMING POOL FACILITY; AND REPEALING ALL PARTS OF ORDINANCES IN CONFLICT. Mr. McDonald moved to approve the final reading of an Ordinance regarding rate changes for the 1998 swimming pool season. Mr. Swinney seconded the motion, which carried with the following votes: AYES: Councilmembers McDonald, Potempa, Agee, Swinney and Greenwald. NAYS: None. #8 ORDINANCE: Consider and take action on first reading of Ordinance regarding traffic control measures at the intersection of Ashley Park and Baldwin Park. . Mayor Baldwin introduced an ordinance and read the caption as follows: AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS PROVIDING THAT THE CODE OF ORDINANCES BE AMENDED BY REVISING SECTION 18-49, THREE-WAY STOPS; AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT. Mr. Greenwald moved to approve the first reading of an ordinance regarding traffic control measures at the intersection of Ashley Park and Baldwin Park. Mr. McDonald seconded the motion. Before the vote, Mr. Sweatt related that at the workshop last week Council heard from a citizen who suggested moving the stop sign down to Davenport. Both Public Works and the Police Department recommend approval of the ordinance as presented. Traffic would not be best served with a stop sign at the Davenport location. . -159- . . . At this time the vote was taken and the motion carried as follows: AYES: Councilmembers McDonald, Potempa, Agee, Swinney and Greenwald. NAYS: None. #9 INTERLOCAL AGREEMENT: Consider and take action authorizing Interlocal Agreement with Department of Public Safety regarding failure to appear program. Mr. Sweatt reported that Judge Cinnamon, who made a brief presentation about this at the workshop last week, is home from the hospital and in good shape. He will be back to work on a limited basis tomorrow. This Interlocal Agreement is an effective way to deal with the failure to appear problem. Basically, a letter is sent to the person who did not appear and his/her driver's license will not be renewed until all fees are satisfied. Approval of the Agreement is recommended. Mr. Swinney moved to authorize the Interlocal Agreement with the Department of Public Safety regarding failure to appear program. Mr. Agee seconded the motion, which carried with the following votes: . AYES: Councilmembers McDonald, Potempa, Agee, Swinney and Greenwald. NAYS: None. #10 PAY PLAN STUDY: Consider and take action regarding proposals for pay plan study. Mr. Sweatt, noting this was discussed at the workshop last week, admitted the study will be impossible to complete by mid-year, but it should be finished by the end of the fiscal year. It is recommended the pay plan study proposal from Public Sector Personnel Consultants in the amount of $10,000 be authorized. Mr. Greenwald moved to authorize the proposal for a pay plan study from Public Sector Personnel Consultants in the amount of $10,000. Mr. Agee seconded the motion. . There was some further discussion before the vote was taken. Mr. McDonald mentioned an article he read about a company in College Station. They give an across the board performance raise. If the employee performs well and meets all achievable goals, then they can participate in a gain sharing program and are eligible to share in the money. Mr. Agee pointed out that private and public are two different funds, -160- . . e Mr. Sweatt commented he thinks the City employees recognize that the system is fair. He doesn't want to lose the good relationship with the employees and also doesn't want them thinking everyone is getting a big raise. Mr. Swinney remarked that USAA has implemented bonuses for the last several years and it has provided more contention than he ever remembers. Mr. Swinney and Mr. McDonald discussed some of the differences between the business world and the government. It was concluded the people are the same, the environment is different. Mr. Swinney then wondered if there's any merit in looking at the total package, including benefits. Mr. Sweatt indicated the consultants would need to look with a broader brush at the benefits, etc. The City won't limit them, but he doesn't think that will be their main thrust. Mr. Potempa asked if paying a larger percentage to TMRS is part of the pay plan study. Mr. Sweatt answered that may be something they look at. Mr. Potempa then inquired what areas the City is being compared to and Mr. Sweatt answered other areas of our size. . Mr. McDonald questioned what the City now pays to TMRS and Mr. Sweatt replied they match 50%. The employees get a yearly projection of what their retirement is worth at the earliest possible retirement date. TMRS is a well- managed fund. At this time the vote was taken and the motion carried with the following votes: AYES: Councilmembers McDonald, Potempa, Agee, Swinney and Greenwald. NAYS: None. #11 CITY MANAGER'S REPORT . Reminded Council that Saturday, May 16th is the day scheduled for the City picnic and employee recognition day. This is the event that will take the place of the annual Christmas program. There will be games and activities from 2:00 p.m. to 6:00 p.m. and then they will have dinner and present the awards. It is a family affair. There are babysitting arrangements and the pool will be open for City employees and their families. . Mentioned that proposals for the information program the City will be doing for the Paragon Cable channel will be on next week's agenda for discussion. . . Commented a draft of a letter to the businesses in the City of Schertz regarding the Northeast Partnership business appreciation program was included in the activity report. -161- . . e #12 ITEMS BY COUNCIL Mr. Potempa: · Questioned why the City logo is not on the ambulances. Mr. Swinney: · Asked if the City has any jurisdiction on the Lil' Super. Mr. Sweatt replied they have paid their taxes, they are not violating any codes, and we have heard they have a possible buyer. · Inquired if the State is participating in keeping the weeds cut down along FM 3009 this year. Mr. Sweatt replied they are, but progress is slow. Of course this time of year they are hesitant to do much mowing and he has cautioned the staff to be very cautious about what they mow down. Mr. Greenwald: · Reported he, Mr. Sweatt and John Bierschwale were appointed to the Seguin Water Policy Committee last week and they are anxious to get started. . #13 ITEMS BY MAYOR · Asked the status of the property at Curtiss and Pfeil. Mr. Sweatt said apparently the sale has fallen through, so the process of condemnation will have to start over. · Announced the National Commander will be at the VFW tomorrow night at 6:00 p.m. and all the State officers will be there. Mary Marsh is hosting the event. He then asked if the key they plan to give the Commander is finished and Mr. Sweatt replied it is ready. #14 EXECUTIVE SESSION: Called under Chapter 551, Texas Government Code, Sub-Section 551.072, Deliberation Regarding Real Property. After a short break, an Executive Session was held from 9:00 p.m. until 9:32 p.m. . -162-