cc spec session 04-28-1999
.
.
.
SPECIAL SESSION OF THE SCHERTZ CITY COUNCIL
APRIL 28, 1999
The Schertz City Council convened in Special Workshop Session on
Wednesday, April 28, 1999 at 7:00 p.m. in the Municipal Complex Conference
Room, 1400 Schertz Parkway, Schertz, Texas. Those present were as follows:
Mayor Hal Baldwin, presiding; Councilmembers Pia Jarman; Joe Potempa;
Timothy Swinney and Ken Greenwald. Absent: Council member Norman W.
Agee, 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 Consider and take action on first reading of Ordinance regarding
smoking in buildings open to the public.
Mr. Sweatt advised Council they have, in their packets, the copy of the proposed
ordinance. Portions of various ordinances from other cities were used and
modified to compile what Council has before them. Council will note that certain
exemptions have been written into the ordinance such as tobacco specialty retail
shops; private residences; hotel and motel rooms rented to guests; enclosed
meeting or assembly rooms in restaurants, hotels, motels and other public places
if the entire room is used for a private function; non-profit commercial facilities,
provided the food sales do not constitute more than twenty-five percent (25%) of
such organization's gross receipts; any facility other than a restaurant which has
installed a separate HVAC System and air-filtering equipment for a designated
smoking area encompassing not more than twenty-five percent (25%) of the total
seating area; bingo facilities; bowling alleys if in a designated bar, concourse or
lounge area or the smoking area has a separate HVAC System and air-filtering
equipment; a special dining area of any restaurant with an area serving as a
dining area in compliance with this subchapter, if the separate dining area is
enclosed on all sides and has a separate HV AC System or if it is enclosed on
three sides, has a separate HVAC System, and is removed by 15 feet from any
area in which smoking is not allowed and has air-filtering equipment installed by
August 15, 1999 - the smoking section shall be situated so the ventilation
minimizes the effect of smoke in non-smoking areas and so that air from the
smoking area is not drawn across a non-smoking area; outdoor seating areas of
restaurants if an area encompassing at least twenty-five percent (25%) of the
seating is reserved for non-smoking.
Mr. Sweatt went on to say that within the ordinance are a number of provisions
which fall under the health section of the Code. Briefly reviewed were the
-164-
definitions, the signs required in public places, the offenses, places of .
employment and disposition of filters.
Mr. Swinney asked if you can smoke in a bowling alley and Mr. Sweatt pointed
out the provisions which allow smoking in that facility. Mr. Potempa asked what
a tobacco specialty retail shop is and was told it is a shop that sells tobacco
products such as cigarettes, cigars, etc.
There was discussion about places of employment and allowing employees to
smoke, but not customers. Mr. Potempa said he has no problem with that if they
are required to smoke outside. Mr. Potempa asked if City employees are
allowed to smoke in the lounge and Mr. Sweatt said no, they have to go outside.
Mr. Swinney insisted he doesn't want to tell people their personal policies. He
started this ordinance for public health reasons.
Mr. Swinney then asked Mr. Greenwald if his no vote last week was on general
principles or a particular issue and Mr. Greenwald replied on general principles -
he doesn't think the City ought to meddle in private business. Mayor Baldwin
agreed with Mr. Greenwald and felt an employer ought to make common sense
decisions on whether or not to allow smoking in his/her place of business.
Mrs. Jarman indicated that's the way she felt too, but has changed her mind
because people do take children into these places of business where they inhale
second hand smoke and she feels it has been proven that is bad for their health.
.
Mr. Swinney mentioned the VFW people brought up the fact that if you don't like
going to a restaurant where there's smoking allowed, then that's a personal
choice. Denney's, for example, makes non-smoking citizens feel second class.
Mr. Potempa asked him to explain that statement. Does Denney's make him feel
like a second-class citizen? Mr. Swinney explained non-smokers are not doing
anything bad to smokers by not wanting to breathe smoke in the air, but the
reverse is not true.
Mayor Baldwin stated he thinks the public is sick and tired of the government
making decisions for them. He then remarked Abel wants the City to pass a non-
smoking ordinance so he, personally, doesn't have to tell his customers they
can't smoke, but can say it's City regulations. Mr. Greenwald observed Abel
wants the City to do his dirty work for him and take the heat.
Mrs. Jarman wondered why the City couldn't take the heat. Mayor Baldwin
replied they could. Council needs to vote the way they feel about this issue.
Mr. Swinney then questioned the impact on the economy. Has anyone who
banned smoking gone out of business because of that? Mr. Potempa asked
about those who haven't banned smoking. Have they gone. out of business
because of that issue?
.
-165-
.
Mr. Potempa then questioned how the ordinance would be enforced. Mr.
Swinney observed that's the question always asked about any ordinance that's
passed. Mrs. Jarman added it's sort of like speed limits. Everyone who speeds
doesn't get a traffic citation.
Going back to the statement about people being sick and tired of the government
telling them what to do, Mr. Swinney asked why children get immunizations and
Mayor Baldwin replied because the government requires it. Mr. Swinney said
that's correct - the government is controlling a policy that affects society.
Mr. Potempa related talking with Mrs. Nancy Hagen and asking her about the
proposed ordinance and she said she was in favor of it, but doesn't allow you to
smoke in her house. Mr. Potempa referred to the fact he mentioned doing away
with selling cigarettes last week and the Council booed him. If any business puts
up a "No Smoking" sign, he will honor that, but he is not in favor of this
ordinance. It is restrictive on one side and loose as a goose on the other.
Mayor Baldwin asked Mr. Potempa if he would support an ordinance that bans
smoking in all buildings used by the public. Mr. Potempa replied that if Council
passes an ordinance that bans smoking, he would support it. Mayor Baldwin
commented when the school banned smoking, people rushed to their cars at
break time and after work to smoke a cigarette.
.
Mr. Swinney indicated he is a pragmatist about this. He would rather have
something that Council will support and referred specifically to Mr. Potempa and
Mr. Greenwald. He thinks this ordinance is as stringent as we can make it with
enough safeguards for give and take.
Mr. Greenwald asked him why not put in on the ballot for a public vote. Usually
when something such as this is on the ballot, people will come out to vote. The
people of this community are not dumb. Mr. Swinney felt you wouldn't get a
good cross section of the people to vote if it were put on a ballot. He
commented Council is here to represent the citizens and the will of the people.
Mayor Baldwin remarked that statement alone would make him vote no.
Mr. Potempa asked Mr. Swinney if he is opposed to having it on the ballot. Mrs.
Jarman noted it is too late to have it on the ballot this time. Mr. Greenwald stated
there are other authorized election dates and he wouldn't want it on the ballot
with a Council election anyway - then it would become a campaign issue. Mr.
Swinney remarked he could envision something similar to the TIF situation if this
were put on the ballot. There would be lots of consternation on the part of the
public. Mayor Baldwin pointed out that people already have their minds made up
on how they feel about this issue. He then asked if anyone wants to make a
motion.
.
-166-
Mr. Swinney asked Mr. Potempa what it would take for him to vote in favor of this
ordinance. Mr. Potempa answered for one thing he would like the sections
removed about bingo facilities and bowling alleys. He then added his preference
is no ordinance.
.
Mrs. Jarman asked Mr. Potempa if he is saying he is not concerned about health
and Mr. Potempa instructed Mrs. Jarman not to put words in his mouth - that is
not what he's saying. Business owners have the right to allow patrons to smoke
or not smoke.
There was a brief discussion about whether or not bingo halls sell food and
whether it would cause a problem if they were exempted. Mr. Greenwald also
mentioned that the Knights of Columbus lost 2/3 of their rental business when
they chose to go to a smoke-free policy at their hall.
Mr. Swinney asked Mr. Potempa if there was anything else they could do to
persuade him. Mr. Potempa mentioned those employees who do smoke, and
wanted to make sure we're not infringing on their rights. Mr. Swinney then asked
if the City Attorney could work with these things and Mr. Sweatt answered he
doesn't see a problem with the bingo halls and bowling alleys, but he's not sure
about the employee issue.
Mayor Baldwin commented the federal government makes employees smoke
outside, but was reminded by Mr. Greenwald the government owns the facilities
where smoking is banned.
.
Mr. Potempa asked what San Antonio has in their ordinance regarding
employees and Mr. Sweatt looked it up and read it for Council.
Mrs. Jarman said she assumed all the restaurants had been notified and Mr.
Sweatt told her they had not. Mr. Swinney felt they had been notified, in a sense,
because of Mayor Baldwin's article in the Mayor's Corner of the Herald
newspaper.
There was a brief discussion about businesses such as banks and parish halls
and how they fit into this ordinance. Mr. Sweatt referred Council to the ventilation
requirements and designated areas outlined in the ordinance.
Mr. Potempa still held the opinion individual businesses should make their own
decision. He said as far he was concerned, this ordinance could be thrown in the
garbage.
Mr. Swinney mentioned that Mr. Potempa has made a 180 degree turn in his
opinion in the last hour of discussion. They have agreed to give him the changes
he wanted. What else can they do? Mr. Potempa told Mr. Swinney to go ahead
and make his motion and they will see what happens.
.
-167-
. Mr. Swinney moved to approve the first reading of an Ordinance regarding
smoking in buildings open to the public with changes on page 6, Section 9
eliminating the wording and the franchise Qranted herein shall be effective as
provided in the City Charter and is so ordained; and, with the elimination under
Section 71/2-84, Certain Places Exempt, paragraph (A) sub-paragraph 7 and
sub-paragraph 8 (a and b). Mrs. Jarman seconded the motion.
Mayor Baldwin asked if that motion is okay with Council. Mr. Potempa wondered
if this means you can smoke while playing bingo at the VFW, but the K of C Hall
can still have a voluntary smoke-free policy during bingo. Mr. Greenwald
reiterated that any business could put up a "No Smoking" sign.
At this time the vote was taken and the motion carried as follows:
AYES: Councilmembers Jarman, Potempa and Swinney.
NAYS: Councilmember Greenwald.
#3 Discuss Resolution regarding air quality issues.
.
Mayor Baldwin stated they had a request from AACOG to support this issue. Mr.
Sweatt noted that if the City were designated as a non-attainment area, they
would lose certain things. Council agreed they were ready for this item to be
included on next Tuesday night's agenda.
#4 Discuss request for sidewalk variance on FM 3009 for Eckerd
Drugstore site.
Mr. Sweatt reminded Council they have a copy of a letter in their packets from
Brown Engineering Company requesting this variance. The City had asked Ford
Engineering to review the matter and Mr. Ford sent us a letter and a drawing
indicating that a sidewalk could be built under existing conditions.
Mr. Sweatt went on to say that, as Council is aware, other sidewalks have been
required on FM 3009 and that requirement has been waived. However, due to
the commercial nature and traffic at this location, the City is recommending the
sidewalk be constructed on Woodland Oaks Drive, continuing around the radius
on FM 3009 through a wheelchair ramp for a crosswalk corresponding with a
crosswalk on the opposite side of FM 3009. It is required the sidewalk be set
back from the curb edge by the two- foot median for safety purposes. Mayor
Baldwin asked if the City has allowed anyone to build a sidewalk in the two-foot
and Mr. Sweatt replied yes, but not on a major thoroughfare. Mr. Potempa asked
if the City will mandate ADA ramps and Mr. Sweatt replied yes they would.
\
.
-168-
Council indicated they were ready for this item to be included on next Tuesday .
night's agenda.
#5 Discuss bid award for library renovation work.
Mr. Sweatt advised the Council members they have copies of the bid tabulations
in their packets. Six bids were received on this project. There were base bids
and bids on two alternates - roofing and carpeting. The apparent low bidder
would have been Sheamar Construction, but after review, it was discovered they
had made an honest mistake and forgotten to include the price of the installation
of the roof in their bid. That means Del Greco Construction is the apparent low
bidder.
Mr. Sweatt commented that earlier on he had the impression the City would get
some additional funding from Guadalupe County, but it appears that is not
definite yet. Del Greco agreed to hold the price on the roofing bid until June 1 st
and it is recommended we accept that offer until we see if we can come up with
additional funding. The City has set up $100,000 from the bond issue for
masonry work and the reworking of the entrance. The Library Board has
approximately $20,000 they could contribute to the project. Commissioner
Wolverton is still pressing for assistance on this project, so if we could secure
those two areas of assistance (County and Library Board), we would recommend
awarding the bid to Del Greco not only for the base bid, but for alternates one
and two. That would make the total amount of the bid award $183,875 for
renovation, entrance re-work, carpeting and roofing. If we cannot get assistance,
the Friends of the Library have enough for the carpet and we will decline
alternate 1.
.
Mr. Sweatt then suggested moving the bookstore, on a temporary basis, to the
old Fire Department building. That will allow them to move the Children's Library
into the bookstore. Mr. Sweatt stressed again, this is only temporary. Mr.
Swinney thought that was great if it could be used temporarily for a year or two.
Mr. Sweatt then pointed out the books will have to be covered when it rains and
only part of the building can be air-conditioned.
Mayor Baldwin asked if anyone is in favor of negotiating for the purchase of the
old City Hall that's for sale. Mr. Sweatt replied that is pretty much cost
prohibitive, but suggested, perhaps, they may be able to lease part of the old
GVEC building. Mayor Baldwin asked if anyone has talked to the realtor about
the old City Hall and Mr. Sweatt replied Gail Douglas had spoken with them.
Several other possibilities were discussed, one of them being a joint agreement
between the City and Best Cleaners. Another possibility was the SAFES barn,
but Mr. Sweatt thought that was impractical.
Mayor Baldwin inquired about using the manufactured home behind SAFES, but
Mr. Sweatt said that was owned by the volunteers and they expect to get their
.
-169-
.
money back from it. It should be gone at the end of three years. Mr. Potempa
asked if the volunteers would consider letting the City buy it and Mr. Sweatt
thought that would be a mistake. Mr. Swinney assumed the Police Department
wants every square inch of their new building and Mr. Sweatt indicated that's
correct.
At this time Council affirmed they were ready for this item to be included on next
Tuesday night's agenda.
#6 Discuss CRWA Board appointments.
Mr. Sweatt advised the have been asked to furnish names and appointments to
CRWA before their May 1 meeting as the current terms will expire. He thinks it's
time for Council to consider whether or not they want continued membership in
the organization. The City paid an initial membership fee of $10,000 and then
they pay an annual portion of operational expenses, which in 1997/98 was
$15,423.
Mayor Baldwin asked what the City owns and Mr. Sweatt replied they own
nothing. Mr. Potempa remarked that $15,000 could be used for a better purpose
such as the project Crockett Camp is heading up for the alternative water supply.
.
Mayor Baldwin questioned how this would effect our 1 ,OOO-acre feet of water and
Mr. Greenwald answered that has nothing to do with it. Mayor Baldwin wondered
whom we would tick off politically if we pull out and Mr. Greenwald mentioned
Green Valley, Crystal Clear and Springs Hill.
Mr. Greenwald explained the process with CRWA has been very slow. The
original project has been put on the back burner as they have become involved
with other things. At one time CRWA wanted a take-or-pay contract, which
meant we would pay for a 1,000 acre feet of water even if we didn't use it. The
City has been able to stall that off. The Local Government Corporation is looking
at several chunks of land.
Mr. Potempa verified it wouldn't hurt the City to drop this membership and was
told that's correct. Mayor Baldwin still expressed some worry about alienating
political clout on down the road. Mr. Greenwald told the Mayor we're already
included in Senate Bill 1. Mr. Swinney asked if there's anything restricting the
City from joining again sometime in the future and Mr. Greenwald answered just
CRWA. Mr. Sweatt explained that if we choose to drop out, we don't expect to
get back in. That point was made very clear to us.
.
Mayor Baldwin asked who's going to notify them that we are dropping the
membership and Mr. Sweatt replied if we don't submit Board appointments, they
will know that and no action will be required. The consensus of the Council was
to drop the City's membership in CRWA.
-170-
.
#7 Discuss possible contract with Guadalupe County for tax collection
services.
Mr. Sweatt related, as Council is aware, that they have resisted contracting with
Guadalupe County in the past for tax collection services. They were concerned
about highest and best service to the customers, delinquent tax attorney
requirements and ability to secure and utilize remote data for internal use. Until
recently, the Appraisal District didn't have a representative in Schertz, but now
they do and we are satisfied a contract with them will be satisfactory to the City.
They will have personnel in the County offices in Schertz. Mr. Sweatt
acknowledged he still has problems about the dictatorial delinquent tax attorney,
but is willing to accept that.
Mr. Sweatt reminded Council it wouldn't be free. It will cost approximately $1000
for equipment, there is a $79 monthly charge for the phone line and there will be
a monthly charge for a modem to the tax collector's office. There is also a 15-
cent charge for parcels inside Guadalupe County and a 75-cent charge for all
parcels outside Guadalupe County. They are still looking at the contract, but feel
everything will work out. They would like to make this effective May 15, 1999.
Mr. Swinney asked if the County's system is Y2K compliant and Mr. Sweatt .
answered they have told us it is. Mr. Swinney felt a letter of certification is
needed, Mr. Sweatt commented they seem to have a handle on it and we feel
good about it. It will cost about $1900 per year for collection service.
Mr. Swinney asked what the savings are and Mr. Sweatt replied postage for one
thing, and the City will recover the services of Evelyn Boggess and one other
person. Mayor Baldwin observed if the City is not cutting personnel, then they
will probably break even.
Mr. Sweatt mentioned all the previous problems with tax roll and budget
deadlines. The budget has to be submitted to the City Secretary by August 1 st
and sometimes they wouldn't get the tax roll until the second week of July.
Mr. Swinney brought up the Y2K compliance letter again and asked if Mr.
Le Blanc didn't say we should get one from everybody. Mr. Sweatt verified that
statement.
Mr. Sweatt asked Mrs. Boggess if she had any comments. Mrs. Boggess stated
that in the past there had been a lot of reservations, but she thinks those have
been worked out. The City has accessibility available to it for obtaining current
information. Informal hearings and Appraisal Board Revues will be held in the
County offices in Schertz.
.
-171-
.
.
.
Mr. Sweatt told Council he would like a decision from them next Tuesday and
they agreed they were ready for this to be on Tuesday night's agenda.
#8 Discuss Interlocal Agreement with Guadalupe County regarding Maske
Road improvements.
Mr. Sweatt reminded Council they have a memo from him in their packets
regarding this agreement. Guadalupe County has proposed a two~course, chip
seal treatment to Maske Road from the City limits to FM 1518. The work is
planned for this spring and will be of such an impact that participation with
Guadalupe County for that portion of Maske Road within the City is
recommended. The estimated cost is $9442 for the City portion of improvement
together with our force account work and approximately $2500 for base and
drainage.
Mr. Swinney asked if there are any impact fees and Mr. Sweatt replied no _ it's
not permanent. Mr. Potempa inquired if cracks occur, can we seal coat it and Mr.
Sweatt answered this is seal coat. They will probably continue to use asphalt
and rock and there will be some dust. Mr. Sweatt also mentioned some people
would probably oppose it because it may generate more traffic. Mr. Swinney
didn't think that would be a problem.
Mr. Greenwald asked where the City is getting the money and Mr. Sweatt
answered, if Council recalls, they budgeted quite a bit of money this year for
street repair and it will be coming from budgeted overall funds. Mr. Potempa
questioned when they plan to begin and Mr. Sweatt replied soon - most likely in
May.
Council was ready to move forward with this and have it included on next
Tuesday night's agenda.
#9 CITY MANAGER'S REPORT
· Announced Alamo Packaging in Tri-County is scheduled for their Grand
Opening on Wednesday, May 12th at 2:00 p.m.
· Mentioned Stone Creek RV Park is having a Grand Opening on Saturday,
May 1 st at 11 :00 a. m. and the San Antonio Chamber of Commerce will be
there.
#10 ITEMS BY COUNCIL
Mr. Greenwald:
-172-
· Asked Mr. Sweatt if he had heard from Steve Simonson about a change in .
the start date for the widening of FM 78. Supposedly they will let the bids in
June and award them in either November or December and start construction
next May. That's what Mr. Simonson told Planning and Zoning last night. Mr.
Sweatt said he had no idea about the change, but will find out.
· Commented he enjoyed the Employee Picnic last Saturday and even won a
door prize of an oil change at Bradzoil.
Mrs. Jarman:
· Noted she also enjoyed the Employee Picnic.
· Mentioned she had distributed flyers to everyone about the upcoming Pet
Fair/Photo Contest on May 15th. Someone told her she didn't say on the
flyer that people couldn't bring their pets. She believes that because of the
heat and the space available, people should leave their pets at home. If
some people bring them, then it will be suggested to them they only stay for a
short while.
Mr. Potempa:
· Asked if anyone had seen last week's Herald and the item in the Mayor's .
Corner. They started off with a headline about Schertz and the non-smoking
ordinance and the article was actually about something in Selma.
· Reported he received his TIF package. He was amused because the election
is this Saturday and then the meeting is next Monday.
· Advised he won't be here for the Executive Session tonight because he has
to leave to go to work.
Mr. Swinney:
· Mentioned he thought the picnic Saturday was wonderful. Commended Mr.
Sweatt for all the hard work on the part of the City employees.
· Remarked that last Wednesday night at his farewell dinner he forgot to
mention his wife, Lorraine. She has been a good supportive spouse and
sometimes people forget to acknowledge those things.
· Related the smoking issue has been gut wrenching. He wishes Council good
luck with it. He thought Oscar Anderson gave the Mayor a "cheap shot" in the
Herald last week and he will let Mr. Anderson know it's not the Mayor, but him
that he needs to chew on.
.
-173-
.
· Stated his time on Council has been fun and he will miss everyone. He
hopes to be back sometime down the road. Mayor Baldwin said the Council
would miss him because it's nice to have a fresh point of view.
Mrs. Jarman reminded Mr. Swinney he needs to mention the award he got at the
picnic. Mr. Swinney told everyone he got an "old geezer" award.
#11 ITEMS BY MAYOR
· Referred to Deer Haven and asked about the ribbons around the trees. Mr.
Sweatt explained there was some damage to the streets in Deer Haven
during the flood. If the streets are to be rebuilt correctly, the City will have to
cut down some trees. Mayor Baldwin asked if all the trees are in the right-of-
way and Mr. Sweatt answered a huge amount of them are, and then went on
to say the trees were marked to give people an idea of which ones would
need to be cut down, and to give that idea time to sink in. Mr. Swinney asked
if the residents have the option of moving the trees if they pay for it and Mr.
Sweatt replied yes they do, but it's very expensive. Mr. Sweatt encouraged
all the Council members to drive through Deer Haven and see for themselves.
Before going to Executive Session, Mr. Swinney reminded everyone the City
Manager evaluations are due by the next meeting.
.
#12 EXECUTIVE SESSION: Called under Chapter ,5.51 Texas Government
Code, Sub-Section .551.072, Deliberation Regarding Real Property.
An Executive Session was held from 9:20 p.m. until 9:28 p.m.
#13" Consider and take action, if any required, on above Executive Session.
Mr, Green~ld moved to authorize the City Manger to proceed with an
agreement to. secure prop~rty for future park use. Mr. Swinney seconded the
motion, which carried with the following votes:
AYES: Councilmembers ~arman, Swinney and Greenwald.
NAYS: None.
#14 ADJOURNMENT
There be.iflg 00 fLJrt/1er bY~!Q~ssi,t,9 djscuss, ..JVlaypr Baldwin adjourn~d the
meetingat9:3bp.m.' .
.
-174-
ATTEST:
~~~
City Secretary, City of Scnertz
'"
~
Mayor, City 0 Schertz, Texas
.
.
.
-175-