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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 :. 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 -187- 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. -190- #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. -191- 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. -192- 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. -193- #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 -194-