ccreg 03-04-1997REGULAR MEETING OF THE CITY COUNCIL
MARCH 4, 1997
The Schertz City Council convened in Regular Session on
Tuesday, March 4, 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; Timothy Swinney; Earl Sawyer 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.
Mayor Baldwin then presented a Proclamation to Dickie Day
congratulating the Adult Singles Ministry, sponsored by
Schertz United Methodist Church, on its first year of
success and designating March as Adult Singles Month. Ms.
Day thanked the Mayor and invited everyone on Council to
attend a potluck dinner at the Church on March 9th at 6:30
p.m. and a special service at the Church on Sunday, March
11th at 11:00 a.m.
#1 APPROVAL OF MINUTES: Special Session 12 -11 -96
Regular Session 12 -17 -96
Mr. Sawyer moved to approve the minutes, as written, for
the Special Session of 12 -11 -96 and the Regular Session of
12- 17 -96. Mr. Greenwald seconded the motion, which
carried with the following votes:
AYES: Councilmembers McDonald, Potempa, Sawyer, Swinney
and Greenwald.
NAYS: None.
#2 HEARING OF RESIDENTS: Heavenly and Robert Hamilton
of 1009 Mourning Dove had signed up to speak about the
xeriscape park in Schertz. Mrs. Hamilton commented the
concept of the park is excellent, but the parking lot
behind the backyard fence of the homes in Dove Meadows is
of concern for both security and safety. The corner of the
parking lot is less than six feet from their property.
Parking lots are breeding grounds for trouble, especially
at night. They have concerns about cars losing control and
coming through their fence, about graffiti on the fence,
and about litter in the parking lot. Their family will
have to endure increased noise and traffic and black out
their windows on the second story of their home for
privacy. There is already trouble with skateboarders in
the parking lot. The park lighting will expose their home
to increased lighting they really don't wish to have. If
they wanted lighting, they would have built downtown. It
will probably be the residents who will have to patrol the
parking lot because the police cannot be there at all times
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and they don't feel that's their responsibility. The
parking lot will also decrease their property values - they
have talked with two real estate lawyers as well as the
sales person who sold them the lot and they have all agreed
on that. They have also talked with the builder and
developer and were told they were not aware that a parking
lot would be built there. They selected the lot they did
because of the green belt area and are recommending the
parking lot not be built.
Mrs. Hamilton went on to say they chose the City of
Schertz in which to retire and the City has now taken away
their dream by causing them worry and aggravation. Why not
build the parking lot across the street at the Animal
Control facility or on land adjacent to it. If the parking
lot is built, they will try to sell their home and if they
can't sell it, they will probably be forced to let it go
back and seek compensation for the loss of their home as
well as for pain and aggravation and what they feel is a
violation of their rights as homeowners. Mayor Baldwin
commented he assumed the Hamiltons know the special purpose
of the park. There will be no playground equipment or
children playing there. It is a xeriscape park and will be
used for people to come and enjoy and relax.
Mayor Baldwin asked Mrs. Hamilton how long they had lived
in their house and she replied one year. The Mayor then
asked her if no one told her the area behind her house was
going to be a City park. Mrs. Hamilton replied they told
them it was City -owned park area that would be landscaped,
but never mentioned there would be a parking lot.
Mr. Sawyer asked Mrs. Hamilton if she objects to the park
or just to the parking lot and she replied she doesn't
object to the concept of the park, but does object to the
parking lot in her back yard.
Mr. Swinney asked if the City has any access on the Animal
Control parking lot. Mr. Sweatt replied the City owns the
property toward Dobie from the Animal Shelter and there's a
big detention basin there, but they don't own the property
beside the Animal Shelter toward FM 3009. There's not
enough area from the Animal Shelter out toward the
detention basin to build a parking lot. They would have to
purchase additional land to do that.
Mr. Sawyer asked how many spaces are in the parking lot.
Mr. Sweatt replied the drawing, approved in 1994, showed a
total of 28 spaces, but we won't be able to accommodate
quite that many because of a couple of trees. The parking
lot is designed up front as a drive through (primarily for
busses) to drop people off and at the back to provide
parking spaces for visitors to the park and people coming
in to do plantings and demonstration projects. This is not
an active park, it is more of a passive park. We don't
anticipate that even 20 parking spaces will be filled at
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any one time.
Mr. Sawyer asked if the park doesn't connect to a walking
path along the drainage ditch. Mr. Sweatt replied it does
indirectly. There is a walking path through the park
itself and then the subdivision has a trail on the side of
the drainage ditch. There is not a concrete connection.
Mayor Baldwin wondered if there's a possibility of moving
the parking lot to the other end. Mr. Sweatt replied it
would be difficult with the drainage channel and number of
plantings already there. They would have to redesign the
park.
Mr. Sawyer asked how much use the Animal Shelter parking
lot experiences and Mr. Sweatt replied 5 -6 spaces plus
employee parking. Mr. Sawyer observed it looks bigger
than that and Mr. Sweatt pointed out there's more asphalt
than that, but not striped parking spaces, because of a
dumpster access area and a side driveway.
Mr. Sawyer commented his impression was that this park was
for the enjoyment of the residents in the Dove Meadows
subdivision rather than the public. Mr. Sweatt informed
him that is incorrect. The intent from the beginning was a
xeriscape project to demonstrate the use of xeriscape and
plantings which have a low water requirement. It is
anticipated there will be a lot of participation by
students in the lower grades to do plantings in the park
and there will be plaques indicating the types of
plantings.
Mr. Swinney inquired if it is possible to cut out the
entire back row of parking on the Hamilton's side and
perhaps consider some parallel parking by extending the
shoulder.
Mayor Baldwin asked what stage the contract is in and Mr.
Sweatt replied the City has let a contract approved by
Council. They would have to negotiate with the contractor
for any changes.
Mr. Potempa referred to Mrs. Hamilton's remark about
litter and Mr. Sawyer mentioned this park, once it's
finished, will enjoy the same City services as other City
parks and will be kept clean.
Mr. Swinney mentioned Mrs. Hamilton's concern about
safety and wondered if it's possible to put some kind of
buffer, like steel pillars, between the parking lot and her
yard. Mr. Sweatt answered there are a number of things
they could probably do to make it more difficult to access
her back yard. We could heighten the fence, eliminate the
parking spaces on the end, or perhaps put in concrete
bumpers.
Elm
After further discussion about all of Mrs. Hamilton's
concerns, it was the consensus of Council to eliminate four
(4) parking spaces on both ends and move the entrance down.
Mr. Sweatt reminded them he will have to negotiate with
the contractor.
Mrs. Hamilton stated there will still be lighting and
there will still be a parking lot. Mayor Baldwin told Mrs.
Hamilton the elimination of four parking spaces on each end
and the moving down of the entrance is their way of
offering a compromise to try and help her solve her
problem, but the park will be there. The City has spent a
lot of money on it and there is no way to turn back now.
Mrs. Hamilton then asked why the developer didn't know
about the parking lot. Mr. Greenwald stated the developer
donated the land for the park. Mr. Swinney mentioned the
parking lot was platted in 1994. Mr. McDonald indicated
there are lots of things developers will tell you they
didn't know, and Mayor Baldwin added developers will only
tell you what will sell you the house.
Mr. Sweatt promised to check with the contractor to see
what the negotiations will cost the City and then if
there's a big problem, he will came back to Council and let
them know.
#3 AGREEMENT: Consider and take action regarding
Guadalupe County /Schertz /Seguin Animal Control program.
Mr. Sweatt advised that included in Council's packets were
copies of a draft of an interlocal agreement between the
City of Schertz, the City of Seguin, and Guadalupe County.
The agreement generally embodies understandings they have
discussed between the three entities. Basically, it calls
for Guadalupe County to pay to each city $100,000 before
the end of this fiscal year for enlarging their animal
shelters and the sum of $30,000 each for the buying of
additional animal control equipment (vehicle and cages),
all for the purpose of establishing an animal control
program for the County. Services have been outlined and
the cities have agreed upon the division of the areas of
the County.
Some of the details are still being worked out. Item 6 in
the document furnished to Council is still incomplete as to
outlines for funds for fiscal years 1998 and 1999. They
feel more particulars need to be resolved. If,
conceptually, Council agrees to the process and wants to
enter into the agreement, he would like their authority to
proceed.
Mayor Baldwin verified they are not proceeding with the
interlocal agreement at this time, but are just giving
authorization to continue negotiations. Mr. Sweatt
commented, if it pleases Council, he would like their
authority to go ahead and sign a similar agreement once all
the issues are resolved. Mr. Sawyer, saying they agree
with the concept, felt they want to know what they're
agreeing to before anything is signed.
Mr. McDonald asked if the County residents will have a
Metro phone number and was told they will not.
Mr. Sawyer asked if Guadalupe County passed this agreement
today and Mr. Sweatt answered that's what the newspaper
said, but they don't have a copy of this agreement.
Mr. Greenwald commented one of the concerns discussed at
the workshop was issuing citations outside the City of
Schertz. Mr. Sweatt acknowledged the insurances, as far
as liability, have been taken care of and the officers will
be deputized by Guadalupe County.
Mr. Sawyer moved to authorize the City Manager to pursue
the interlocal agreement between the City of Schertz, the
City of Seguin and Guadalupe County and bring the final
agreement back to City Council for their approval. Mr.
Potempa seconded the motion.
Mr. Swinney mentioned the possibility of liability claims
running up the costs and the City being hamstrung because
they cannot pass the costs along. Mr. Sweatt stated it is
not their intention to absolutely restrict what 1998 and
1999 fiscal year payments will be made by Guadalupe County.
We wanted to assure them their costs should go down because
of the deduction in capital. Their costs may go up in fees
because it is our intention to charge those direct fees to
them. If the fees go up and the capital goes down, it
still may or may not balance out. If our costs go up, we
want a way to recover them. We will not put in an absolute
curtailing number. The problem is we don't have good
statistics. We don't know how many animals we will be
handling.
Mayor Baldwin stated he has no problem with it, but there
are those who say the City of Schertz cannot handle it's
animal control problem now let alone taking on half the
County. Mr. Sweatt felt the City is handling it's animal
control needs.
At this time the vote was taken and the motion carried as
follows:
AYES: Councilmembers McDonald, Potempa, Sawyer, Swinney
and Greenwald.
NAYS: None.
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#4 ORDINANCE: Consider and take action on first
reading of ordinance amending the Code of Ordinances
regarding traffic control for newly platted streets and
parking of Recreational Vehicles on City streets,
rights -of -way or easements.
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,
CITY OF SCHERTZ, TEXAS, BE AMENDED BY REVISING
SECTION 18 -32, STOP INTERSECTIONS; SECTION
18 -76, MAXIMUM LIMITS ON SPECIFIC STREETS; AND
SECTION 18 -91, PARKING PROHIBITED; AND PROVIDING
A REPEALING CLAUSE.
Mr. Sawyer moved to approve the first reading of an
ordinance amending the Code of Ordinances regarding traffic
control for newly platted streets and parking of
Recreational Vehicles on City streets, rights -of -way or
easements. Mr. McDonald seconded the motion.
Mr. Sweatt pointed out a provision in the parking of
R.V.'s. The current 3 days (in a calendar month) in the
ordinance is felt to be unworkable. An 8 hour length of
time in a calendar month was suggested by Chief Smith. At
the workshop, Council asked that it be changed to a 24 hour
period in a calendar month. That has been done and Mr.
Sweatt read Chief Smith's recommendation for language to be
used in revising the Code. It goes as follows:
"Notwithstanding the foregoing, the owner of a recreational
vehicle may park such vehicle on a City street for a period
not to exceed one (1) day in a calendar month. For
purposes of this Ordinance, it shall be prima facia
evidence that a recreational vehicle has been parked for a
period of one (1) day on a public street if a Schertz
Police Officer observes the vehicle, marks the vehicle's
position and twenty -four hours later the vehicle has not
moved."
At this time the vote was taken and the motion carried as
follows:
AYES: Councilmembers McDonald, Potempa, Sawyer, Swinney
and Greenwald.
NAYS: None.
#5 ORDINANCE: Consider and take action on first
reading of ordinance amending Ordinance 92 -T -17 and
Ordinance 93 -T -24, and approving assignment of Tax
Abatement for Rex Bornmann.
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Mayor Baldwin introduced an ordinance and read the caption
as follows:
AN ORDINANCE
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS, AMENDING ORDINANCE 92 -T -17 AND ORDINANCE
93 -T -24, AND APPROVING AN ASSIGNMENT OF THE TAX
ABATEMENTS FROM MR. REX BORNMANN TO REBO
ENTERPRISES, LTD, DOING BUSINESS AS CIBOLO CREEK
FIXTURES OF TEXAS, INC., AND PROVIDING AN
EFFECTIVE DATE.
Mr. Sweatt simply stated this has been one of the real
success stories in local industry. It has enlarged on two
occasions and has done quite well. The City believes
participating in the economic development activities has
encouraged that enlargement.
Mr. Greenwald moved to approve the first reading of an
ordinance amending Ordinance 92 -T -17 and Ordinance 93 -T -24,
and approving assignment of Tax Abatement for Rex Bornmann.
Mr. Swinney seconded the motion, which carried with the
following votes:
AYES: Councilmembers McDonald, Potempa, Sawyer, Swinney
and Greenwald.
NAYS: None.
#6 APPOINTMENT: Consider and take action appointing
Margaret Riley to the Library Advisory Board.
Mr. Sawyer moved to approve the appointment of Margaret
Riley to the Library Advisory Board. Mr. McDonald
seconded the motion, which carried with the following
votes:
AYES: Councilmembers McDonald, Potempa, Sawyer, Swinney
and Greenwald.
NAYS: None.
#7 CITY MANAGER'S REPORT: Related he had included in
Council's packets information regarding the request that
TXDoT renew their study of FM 3009 for signalization. At
this time they feel only one intersection will meet the
warrants and that is Woodland Oaks Drive and FM 3009.
TXDoT will also be reviewing Schertz Parkway and FM 3009
and will notify the City as to when they will start the
counts. Mr. Greenwald asked who was doing the count on FM
78 and Mr. Sweatt replied that is TXDoT.
#8 ITEMS BY COUNCIL: Mr. McDonald: Reported Schertz
lost one of its businesses. Laser Engravers moved to
Universal City.
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Mr. Potemoa: A. Mentioned that Saturday morning he
attended a breakfast sponsored by the Grand Lodge of Masons
of Texas. The Masons sponsor Shriner's hospitals which
specialize in orthopedic care. If anyone knows of a child
who is in need of services, contact the local Lodge which
is on Main Street by Sippels and they will take the
necessary action. There is no charge to the child.
B. Noted the TIF met yesterday and discussed an upcoming
joint meeting with Planning and Zoning. He requested that
all TIF minutes be sent to the entities involved and that
includes City Council. They discussed keeping Schertz
Parkway five lanes. Drainage was discussed and also
businesses along the Parkway.
Mr. Sawyer: A. Commented he would like to ask Mr.
Sweatt to pat the Mama Patrol on the back. This is the
first time in his walking around the City, that the Mama
Patrol has stopped traffic to let him and his dog by.
B. Said he saw a guy walking the other day on Elbel Road
with his dog, but he didn't have the dog on a leash.
Mr. Swinney: A. Announced he had refiled for election.
B. Told Council he is wrapping up a service on a school
district committee - The Health Education /Sex Education
Program and they can expect to see that before the School
Board within the next 6 -7 weeks. We should be real
impressed with what the school district is doing. They are
incorporating a process where you take education about
human development all the way from kindergarten to the 12th
grade.
Mr. Greenwald: Referred to the Activity Report and asked
if Bill Miller B -B -Que has been using a San Antonio Tax
Number. Mr. Sweatt replied yes they have and it has been
corrected.
#9 ITEMS BY MAYOR: Remarked that the guest at the
ROTC's annual symposium last week was Linda Finch. It was
the first time he has seen those students give someone a
standing ovation. She was very interesting.
At this time Mr. Sawyer interjected something he had
forgotten when it was his turn. He understands from the
Lion's Club that the dance at the Community Center for
seventh and eighth graders was a huge success. They had
208 students attend. There will be another one on March
28th. Mr. Sweatt commented the only complaints they've
had, and they were not overwhelming, were about the
traffic. Mr. Sawyer said if it grows any bigger it will
move to the Knights of Columbus hall.
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#10 ADJOURNMENT: On a motion by Mr.
seconded by Mr. Potempa and unanimously
meeting was adjourned at 8:10 ^ -
ATTEST:
McDonald and
carried, the
City Secretary, City of Schertz
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