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ccreg 07-20-1999 . REGULAR SESSION OF THE SCHERTZ CITY COUNCIL JULY 20,1999 The Schertz City Council convened in Regular Session on Tuesday, July 20, 1999 at 7:00 p.m. in the Municipal Complex Council Chambers, 1400 Schertz Parkway, Schertz, Texas. Those present were as follows: Mayor Hal Baldwin, presiding; Council members Pia Jarman; Joe Potempa, Glyn D. Williams and Ken Greenwald. Members absent, Reginna Agee. Staff present were City Manager Kerry Sweatt and Deputy City Secretary Dolores Butler. Mayor Baldwin asked everyone to rise and join him in the Pledge of Allegiance to the Flag. #1 APPROVAL OF MINUTES: Regular Session 6-15-99 Mrs. Jarman moved to approve the minutes, as presented for the Regular Session of 6-15-99. Mr. Potempa seconded the motion, which carried with the following votes: AYES: Councilmembers Jarman, Potempa, Williams and Greenwald . NAYS: None #2 HEARING OF RESIDENTS No one had signed up to speak. #3 PUBLIC HEARING: To receive citizen comments on proposed changes to the Unified Development Code (UDC). Mayor Baldwin explained the procedures to be followed for a public hearing. . Mr. Sweatt advised the Planning and Zoning Commission has recommended the UDC be amended to proscribe manufactured homes be allowed in certain designated zoned areas and not be allowed in certain single family zoned areas. The current zoning categories are mobile home parks, mobile home subdivisions, manufactured home parks and manufactured home subdivisions that currently allow. After some recent court decisions and other information put together by the Texas Municipal League and other planning agencies we find that there is support and legal authority for the city to designate specific areas. After review, the Planning and Zoning Commission recommended manufactured home parks and manufactured/modular home -238- subdivisions be those areas designated. Notices were run as required in the official publication. . There being no questions or comments, Mayor Baldwin closed the public hearing. #4 ORDINANCE: Consider and take action on first reading of Ordinance regarding changes to Article III, Sections 1.2 and 1.3 of the UDC. 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 UNIFIED DEVELOPMENT CODE; ORDINANCE NO. 96-S-28, CITY OF SCHERTZ, TEXAS BE AMENDED BY REVISING THE ARTICLE III, ZONING DISTRICTS AND MAP, SECTION 1.2 AND ADDING SECTION 1.3, ZONING DISTRICTS ESTABLISHED, AND PROVIDING A REPEALING CLAUSE. Mayor Baldwin asked for a motion. . Mr. Greenwald moved to approve the first reading of an ordinance regarding changes to Article III, Sections 1.2 and 1.3 of the Unified Development Code. Mr. Williams seconded the motion. At this time the vote was taken with the following results: AYES: Councilmembers Jarman, Williams and Greenwald NAYS: Councilmember Potempa #5. Consider and take action on emergency reading of Ordinance regarding parking designations on City property. 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 OF THE CITY OF SCHERTZ, TEXAS BE AMENDED BY REVISING ARTICLE II, . -239- . OPERATION OF VEHICLES GENERALLY, BY ADDING SECTION 18-48, DESIGNATED PARKING REGULATIONS ON CITY-OWNED PROPERTY; PROVIDING A PENALTY CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY. Mr., Sweatt related he has discussed this with the city attorney and with the addition of city-owned property at the municipal complex as well at that acquired for ultimate construction parking on FM 78 and there is a potential enforcement problem enforcing regulatory signs. At this time there is no regulatory ordinance on the books that empower ticketing, noticing, removal or other enforcement action on those kinds of conditions. We would recommend this ordinance be considered in an emergency measure so we might be able to deal with enforcement matters on FM 78 primarily right now. Mayor Baldwin asked for a motion. Mr. Greenwald moved to approve, by emergency reading, an ordinance regarding parking designation on City property. Mrs. Jarman seconded the motion. _.,. .... 0- _. . ~"' . .,~ ... _ ", ". _ ... . ......_ ... . .. . ... .. . Mr. Halverson inquired as to the reason for the emergency, to which Mr. Sweatt explained that we have now demolished the buildings and anticipate having enforcement problems on FM 78. At this time the vote was taken with the following results: AYES: Councilmembers Jarman, Potempa, Williams and Greenwald NAYS: None #6 Consider and take action on first reading of Ordinance regarding conversion from Yield to Stop intersections. 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 OF THE CITY OF SCHERTZ, TEXAS BE AMENDED BY REVISING SECTION 18-32, STOP INTERSECTIONS AND SECTION 18-35, YIELD INTERSECTIONS; AND PROVIDING A REPEALING CLAUSE. . Mr. Sweatt advised that in the course of. discussing. a specific intersection and a change, it was called to bur attention that several -240- intersections, specifically in the Aviation Heights area, have been controlled by yield signs. Public Works and Police departments have investigated those and have found the following intersections should be designated as "stop" intersections for safety reason: Brooks at Elm; Mitchell at Elm; Brooks at Beacon; Mitchell at Beacon; Marilyn at Linda Court; Marilyn at Melissa Court; and Marilyn at Sharon Court. . Mayor Baldwin asked for a motion. Mr. Potempa moved to approve on first reading, the ordinance regarding conversion from Yield to Stop intersections. Mr. Greenwald seconded the motion. At this time the vote was taken with the following results: AYES: Councilmembers Jarman, Potempa, Williams and Greenwald NAYS: None #7 LOCAL GOVERNMENT CORPORATION: Consider and take action regarding financial support of the Schertz/Seguin Local Government-Corporation....... . . u.. __... Mr. Sweatt advised the Schertz/Seguin Local Government Corporation (SSLGC) has "asked the cities of Schertz and Seguin fund through the SSLGC, up to $8,000 to provide our share of funding for study and work by a law firm to create the single member districts established in the Guadalupe Underground Water District legislation. This item was originally passed in the previous session of the legislature with no enabling authority or funding mechanism. The legislation came back this session with a number of amendments that revised the district - provided for the broadening of the number of board of directors and established that it be created along single member district lines. It is now time to create those districts before the election on the District itself. The District has no money and until it is in. place and has established an income stream of some sort, it has no way to raise the funds. The County has asked the District determine other ways to do this and develop money for the legal study and development of the District. The cities of Schertz and Seguin received the letter (in your packet). The SSLGC Board reviewed the matter last week and asked that the two (2) cities support this ($4,000 each). We think it is very important the District be empowered, be in place, to protect our long- term water supply being developed by the SSLGC. It is subject to two (2) issues: 1) as the ground water district develops its own income it will be expected to pay this back; and 2) in the meantime, the SSLGC has a resolution on its books stating that any and all expenses incurred paid by the two cities will be reimbursed as it goes into operation. . . -241- . Mayor Baldwin asked if the Schertz/Seguin Water District will be required to pay a portion? Mr. Sweatt stated that actually, we'll pay the money - it is proposed the two cities pay $4,000 each to the SSLGC, it will in turn pay $8,000 for its share. As funding becomes available, we anticipate the Underground Water District will perhaps pay back the SSLGC. Mayor Baldwin inquiring about each of the rural water systems contributing $2,000 to the Groundwater District - will our water district be required to pay the $2,000 as well as the $4,000? Mr. Sweatt clarified by stating the Corporation will pay the $8,000 and each of the rural water systems would pay the $2,000. Mayor Baldwin asked for a motion. Mr. Greenwald moved to approve the financial support for the Schertz/Seguin Local Government Corporation. Mr. Williams seconded the motion. At this time the vote was taken with the following results: AYES;.. .Couf-lcilmember-s Jarman,HPotempa, Williams and Greenwald. #8 CITY MANAGER'S REPORT . · Reminded Council that the deadline for the Paragon Hometown Heroes nomination is September 10th. · Reported that Harry Richburg is scheduled for open heart surgery on Wednesday, July 28th. #9 ITEMS BY COUNCIL Mrs. Jarman: · Reported the sessions she attended in Lubbock were very informative . · Related that she and Mr. Potempa attended the summer reading program ceremonies at the library. The program registered 495, of which 207 completed the programs. In June there were 14,773 books signed out as opposed to 13,464 last year. The attendance during June was 1,003 as opposed to 776 last year. Next year they hope to spread the program out more instead of just doing Wednesday and Saturday, hoping to alleviate the parking situation. There have been requests to expand the program to Junior High and High School students. -242- Mr. Sweatt interjected the contractor has begun moving his material in and construction will be beginning soon. . Mr. Potempa: · Lamented the City Manager and Mrs. Jarman took the thunder out of his comments; however, there was one individual (in the reading program) who read 500 books and received numerous free meals, book covers, ribbons, posters - you name it - he cleaned up! It was fun and he enjoyed participating. Mr. Williams: · Reported he had attended the July 12th meeting of the Housing Authority in his capacity as Council representative and was very warmly welcomed. They were pleased to announce they were going to get the $17,000 back from HUD spent from their own funds. There are currently 52 people on the waiting list for housing. They asked him to check into a consolidated housing plan they needed to develop' the new strategic p~an. They thought Steve Simonson' might be aware of such a plan. · Stated he had attended the conference in Lubbock and had a good time - got wet. There were some really good workshops and stimulating things. One that intrigued him was that some cities have what is known as a youth commission where the youth are involved in local government. Another item of interest was the "town center" revitalization that he would like to see the City of Schertz pursue. The tour of the Lubbock Emergency Command Center was very interesting, although way above what we need, on a smaller scale could be applied here in Schertz. . Mr. Greenwald: · Mentioned that BVY A is still running the tournament (trying to anyway). This past weekend they lost two days of play and had to pay for the teams to travel to Alamo Heights to play and they get no gate receipts. · Informed Mayor Baldwin that in his absence, the council spent $650,000 to purchase real property (about 1,258 acres) for water rights. #10 ITEMS BY MAYOR: . -243- . . Mentioned the BVYA 13 and 14 year old girls slow pitch softball team won the south region championship in Round Rock and will be competing in the Nationals in Burleson next week. . Reported he also attended the meeting in Lubbock and took a special interest in looking at the EOC control center. There are a lot of things we need to take a look at in the upcoming budget year to try to plan for to better prepare us for future disasters. . Commented the other thing he was interested in was the down town revitalization. We might look into grant monies to do something especially along the railroad tracks in the older section of the city. Mayor Baldwin adjourned the workshop session at 7:30 p.m. #11 EXECUTIVE SESSION: Called under Chapter 551 Texas Government Code, Sub-Section 551.072, Deliberation Regarding Real. Property. Mayor Baldwin called the workshop session back to order at 8:39 p.m. #12 ACTION ON ABOVE EXECUTIVE SESSION . Mr. Greenwald moved to authorize action regarding Special Commissioner's finding in regards to the Burch condemnation proceeding. Mr. Potempa seconded the motion which carried with the following votes: AYES: Council members Jarman, Potempa, Williams and Greenwald NAYS: None #13 ADJOURNMENT: There being no further business to discuss, Mayor Baldwin adjourned the meeting at 8:43 p.m. ~ ATTEST: . JfJ~~ Deputy City Secretary, City of Schertz -244-