ccspecwksp 02-24-1999
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SPECIAL WORKSHOP SESSION OF THE SCHERTZ CITY COUNCil
FEBRUARY 24, 1999
The Schertz City Council convened in Special Workshop Session on
Wednesday, February 24, 1999 at 7:00 p.m. in the Municipal Complex
Conference Room, 1400 Schertz Parkway, Schertz, Texas. Those members
present were as follows: Mayor Hal Baldwin, presiding; Councilmembers Pia
Jarman; Joe Potempa; Timothy Swinney and Ken Greenwald. Absent:
Council member Norman W. Agree, Sr. Staff present were City Manager Kerry
Sweatt and City Secretary Norma Althouse.
#1 HEARING OF RESIDENTS
No one had signed up to speak.
#2 Hear and discuss audit report for fiscal year ending September 30,
1998.
Mr. Sweatt stated the auditor, Fred Timmons, met with the Audit Committee
approximately three weeks ago. The audit report is only in draft form and Mr.
Timmons is here tonight to review the report and answer questions.
Mr. Timmons commented the cash position is a lot higher in the General Fund
because it had a lot of money due to it from other funds. That has been
reworked. Assets increased by $500,000 and the General Fund is in a good
financial position. General Fund excess revenue is $702,000, which is up
$270,000 over last year. Mr. Swinney remarked that all excesses would come in
handy for the flood aftermath.
Mr. Timmons noted that the Water/Sewer Fund retained good earnings and then
added that interest income is up all across the board. Mr. Sweatt advised that
the Local Government Corporation may come to Council for an advance on the
alternate water supply project.
Mr. Timmons stated that SAFES looks good - they are right in line. As a matter
of fact, the General Fund, Water/Sewer Fund and SAFES are all outstanding.
Mr. Swinney asked if the SAFES bad debts are down and Mr. Timmons replied
they had set up high reserves last year to help that situation. Mr. Timmons
added, that overall, the City is in a strong financial position.
There was a brief discussion about all the turmoil in the Finance Department and
then Mayor Baldwin stated that from the standpoint of the Audit Committee, they
are pleased with the audit report.
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Mr. Timmons advised they still need to do statistical data and the letters. He will
be at the meeting next Tuesday evening to present the audit report.
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#3 Discuss proposed changes to UDC scheduled for a public hearing on
March 2, 1999.
Mr. Sweatt reminded Council they have the recommendations for the changes to
the UDC in their packets. Some of the highlights are the floodplain ordinance
and a tree ordinance. There are also some housekeeping items.
Council indicated they were ready for this item to be included on next Tuesday
night's agenda.
#4 Discuss rezoning of two tracts of land on FM 3009 (Barshop/Corridor
Properties) scheduled for a public hearing on March 2,1999.
Mayor Baldwin expressed his disappointment that no one was at the meeting to
represent the property owner.
Mr. Sweatt explained this is the last of the property owned by Barshop. The
original zoning was approved in 1983 and did not include plans for residential.
The two tracts are located off FM 3009. Tract 1 is bounded by Seguin State
Bank and the entrance to Forest Ridge Subdivision. Tract 2 is bounded by the
entrance to Forest Ridge Subdivision and the CPS electric easement off FM
3009.
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The Planning and Zoning Commission expressed concern about the General
Business zoning and is recommending it be changed to Neighborhood Services.
If Council remembers, a storage unit facility was considered for the location most
recently. Mr. Sweatt went on to say he understands the owners are not in
agreement with the Planning and Zoning recommendation. Mr. Greenwald
inquired if the originally proposed Master Plan is still on file and Mr. Sweatt
answered he thinks so.
Mayor Baldwin mentioned he had spoken with Mr. Westerman from Corridor
Properties who said they bought the property when it was zoned for General
Business and Industrial and feels it's not fair for City Council to change horses in
the middle of the stream. He wants an agreement that the City will not sell to
certain types of businesses.
Mr. Greenwald acknowledged that Planning and Zoning has spent many hours
on this proposed zoning change and they feel Barshop/Corridor Properties
opened up the door for residential when they sold the land to the developers of
Forest Ridge.
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Council expressed their readiness for this item to be included on next Tuesday
night's agenda.
#5 Discuss revisions to application forms for a Special Exception to the
Zoning Ordinance and for a Specific Use Permit.
Mr. Sweatt advised this item is an outgrowth of the public hearing which was held
for Mr. Drega who wanted to rent out a room in his house in Carolina Crossing.
The applications were designed to recognize the homeowners association's
position. If Council has no objection, consideration of the revisions to these
applications will be placed on the agenda next week for action.
Mr. Swinney wondered if we're trusting the homeowner to check off the correct
information about the homeowner association's position, or should the City
require a certificate from an appointed authority of the homeowners association.
There was some discussion about this and Mayor Baldwin pointed out it's just
one more inconvenience. If a request doesn't meet the covenants of the
homeowners association, then it won't go any further. Mr. Swinney indicated the
requirement for a certificate is a good filter for the process. Mr. Greenwald
added it takes the City out of the business of enforcing deed restrictions.
Mr. Sweatt asked Council to come up with the wording they wanted on the
applications and Mr. Swinney offered the following:
"If you are a member of a mandatory homeowners association, please provide an
affidavit from a designated representative of that association certifying that the
association has approved your request."
Council stated they were prepared for this item to be on next Tuesday night's
agenda.
#6 Discuss preparing a non-smoking ordinance for food-handling
establishments.
Mr. Sweatt mentioned he had spoken with Mr. Agee about this and he has some
good ideas. Mr. Potempa then requested they table discussion of this until they
have full attendance by the Councilmembers. Mayor Baldwin indicated he would
like to introduce the discussion, but they don't have to act on it until Mr. Agee is
back.
Mr. Sweatt then pointed out he had included a model ordinance from TML in their
packets and also a copy of San Antonio's ordinance. The City of Schertz, by
policy, has prohibited smoking in their buildings, but there is no ordinance. They
could request sample ordinances from other cities. He hasn't had the City
Attorney draft an ordinance yet. Mayor Baldwin felt they needed the approval of
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the majority of Council to move ahead on this before they get a lawyer involved.
Mr. Sweatt suggested they hold a public hearing on this subject.
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Mr. Swinney stated the impetus started with a letter from Joyce Briscoe. He has
had comments from many people. Elderly people are concerned and smoking is
a bad example for young people. Young high school people who work in diners
have no choice. Abel's and Bill Miller's are good examples of how trying to divide
the smoking and non-smoking sections are not effective. Yes it is a difficult
issue, and yes it is an emotional issue. Once the peaks of emotions settle down,
then you can reach a solution. Mr. Swinney said he does not see it as a civil
rights issue. Council needs a consensus of whether or not they are going to deal
with this issue.
Mr. Greenwald suggested putting something in an ordinance regarding future
design and exempting existing establishments.
Mr. Swinney said he noticed that some of the ordinances give employees the
right to file a grievance. Regarding economics, we tend to think businesses will
object, but that may not be true. You will find that some people won't dine where
there are smokers and other won't dine where you can't smoke.
Mr. Potempa commented he has no problem with a "No Smoking" sign, but there
are already too many ordinances telling us how to live our lives. Mr. Swinney
asked what about the teenagers who don't have a choice. This prompted a brief
discussion about how many young people there are who smoke. Mr. Swinney
stressed it is not an infringement on rights, it's a compromise,
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Mayor Baldwin remarked he has a shaky feeling about this. Let's make it all
establishments, just not restaurants. He doesn't feel we should have an attorney
draft an ordinance unless we think there's a reasonable chance it will pass.
Mr. Greenwald recommended inviting some of the restaurant owners to the next
workshop meeting and getting their input. Mayor Baldwin commented he doesn't
know why we're just singling out restaurants. How about all public buildings?
Mr. Swinney asked why not have a public hearing forum at the next workshop.
Mr. Sweatt indicated the next workshop agenda is pretty full. They might want
to postpone.
Mr. Greenwald thought the City should get a copy of the Austin ordinance. He
also felt strongly about needing input from the businesses and what it will cost
them.
Mrs. Jarman admitted smoking is bad for your health. So is cholesterol. Pretty
soon McDonald's won't be able to serve fries. Are you trying to protect us from
everything? Mr. Swinney answered he is not trying to legislate' what people do
on their own time.
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. Commented the City has received two letters from students participating in
the Student Ambassador Program and he will see that Council gets copies of
the letters.
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#8 ITEMS BY COUNCil
Mr. Greenwald:
. Mentioned the developers for Carolina Crossing came in with a preliminary
plat for the new section on the west side of Schertz Parkway. Paul Denham
didn't think the City wanted any exit on Schertz Parkway. Actually, Council
required an emergency exit from the area that doesn't constitute a traffic
hazard. The problem with an emergency exit on Schertz Parkway is the line
of sight. The Planning and Zoning Commission doesn't see any problem with
breakaway gates on Schertz Parkway.
. Related that at the last meeting of the Local Government Corporation, Mr.
Camp and Mr. Roming asked to be allowed to come before the Councils of
the City of Schertz and the City of Seguin and present some figures and a
timetable.
. Asked Mr. Sweatt if he had complaint forms for Waste Management. Mr.
Sweatt replied the front office will reduce complaints to writing if you just let
them know.
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. Noted that the property at the corner of Schertz Parkway and Elbel Road that
was supposed to be gated is up for sale. Apparently the deal fell through,
and we need to bring the zoning back to Neighborhood Services. Mayor
Baldwin felt the Council needs to review the Neighborhood Services zoning
classification. Mr. Sweatt added Council can, on their own volition, ask
Planning and Zoning to review it, or Planning and Zoning can review it on
their own volition. It can be placed on a future agenda to have Council refer
the matter to Planning and Zoning.
Mrs. Jarman:
. Reminded Council she is the liaison to the Schertz Humane Society and last
night they had the biggest meeting they've had in about 5 years. She did
show and tell with her dogs. The Humane Society hopes to eventually keep
with the adoption program and to keep the public informed.
Mr. Potempa:
. Commented the street lights in Mobile Villa are all working and they are very
bright.
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· Mentioned there's a lady in Mobile Villa who complains about everything and
she told him she didn't get a water bill. Mr. Sweatt said the computer is down
and they are suggesting to people who are concerned about receiving a
double bill, that perhaps it would be best if they sent in an estimated amount
based on previous bills.
· Referred to the flood in John Bierschwale's area and said he heard the
County is buying out the area and making it a park. What's the status? Mr.
Sweatt admitted he has heard that people are building, but as far as he
knows, there's been no buyout.
Mr. Swinney:
· Stated he appreciates the research by the City on greenbelts and traffic.
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· Remarked Russia had an Animal Control Department - a guy was shooting
dogs. Now they're having hearings on the rights of dogs.
· Wondered if there are any trends reported from the Police Department about
the number of accidents in the HEB area. Mr." Sweatt said, in his opinion, the
only solution is a median, but he doesn't think the businesses will agree. The
only other possible solution is a police officer to direct traffic.
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· Asked if the bridge on Cibolo Creek is in the City's jurisdiction and Mr. Sweatt
replied no. We have a contract with Universal City to replace it and will get
paid for that. Mr. Swinney commented it is really unsightly and should be
cleaned up if possible.
· Inquired if the prayer before meetings program died. Mr. Sweatt replied
Pastor Jeffreys has promised to do a few meetings and will work up a
schedule with some other pastors. "
#9 ITEMS BY MAYOR:
· Questioned how far behind the contractor is on the emergency services
buildings project and Mr. Sweatt replied about two months. The Mayor then
asked if there are any penalty clauses and was told by Mr. Sweatt there are
not. The Mayor asked Mr. Sweatt if he is satisfied with their work and Mr.
Sweatt answered he is, but we are no longer looking at a December
completion date.
· Inquired about the status of the Shoe Shop. Mr. Sweatt said it has been
released by TXDoT and the Historical Society. The Library Board is
interested, but there is a concern because the voters said., no in the bond
issue. The building is only about 800 square feet and would require very
. expensive renovation. Mayor Baldwin tossed out the fact the old fire station
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is for sale again and would make an outstanding book store. It has some
historical value and significance. Is there any interest? Mr. Sweatt indicated
staffing it might be a bit of a problem. The Mayor also mentioned the
possibility of using it as a museum. Mr. Swinney suggested mentioning it to
Gail Douglas and have her bring the Library Board's opinion to City Council.
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. Referred to the Scout Hut and asked if we can help locate a piece of property
for the Scouts so they can build a new hut. Mr. Swinney asked how about the
fire station. Mr. Sweatt thought that would be a bad mistake. If they build in
that area, it should be further back on the lot. Mr. Swinney then asked if they
could build on the cement pad. Mr. Sweatt once again indicated he~ thought
they should be back off the main thoroughfare. Mayor Baldwin said the
Scouts would sure like to build somewhere.
. Mentioned he had a visit the other day from former Councilman Don Seeba
and his wife.
#10 ADJOURNMENT: There being no further bu Iness to discuss, the Mayor
adjourned the meeting at 9:28 p.m.
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ATTEST:
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City Secretary, City of Schertz
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