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ccswks 05-28-1997SPECIAL WORKSHOP SESSION OF THE CITY COUNCIL MAY 28, 1997 The Schertz City Council convened in Special Workshop Session on Wednesday, May 28, 1997 at 7:00 p.m. in the Conference Room of the Municipal Complex, 1400 Schertz Parkway, Schertz, Texas. The following members were present: Mayor Hal Baldwin, presiding; Councilmembers Charles McDonald; Joe Potempa; Norman Agee, Sr. and Ken Greenwald. Absent: Councilmember Timothy Swinney. Staff present were City Manager Kerry Sweatt and City Secretary Norma Althouse. #1 HEARING OF RESIDENTS: Bill Neller of 305 Koch Street commented he has driven around Schertz and there are trash cans sitting on the curb at the same houses day after day after day. What can be done about this? He was informed by Council there is an ordinance prohibiting trash from being put at the curb no sooner than 24 hours previous to the day of trash pick up. Mr. Neller then wondered if the citizens can't be reminded to take their trash cans away from the curb, once the trash is picked up, so as to improve the appearance of the neighborhoods and the City. Mr. McDonald thought maybe a reminder in the Newsletter would be a good idea. Mr. Sweatt brought up the fact some cities require that you use plastic or paper bags and not trash cans so that once the trash is picked up it is gone. Mayor Baldwin indicated they would check further into the ordinance. Mr. Neller then mentioned the 14th day of June is Flag Day. In the past they have had a regular program for the burning of old flags and he thought it would be a good idea to have the Girl Scouts and Boy Scouts participate in that program this year. He has tried to contact local representatives of the Scouts and hasn't had any success so far. After discussion about this, Mayor Baldwin suggested letting the Fire Department do the burning. #2 Discuss final Abatement and Tax Distributing. Mr. Sweatt advised h previously discussed moving his business to business in the City. reading of Ordinance approving Tax Abatement Agreement with Theis a has nothing to add to what they've about this. It is a local person Schertz and they're glad to have his Council agreed they were ready for this item to be placed on next Tuesday night's agenda. #3 Schertz Business Association: A. Discuss contract approval regarding 4th of July Jubilee. -284- B. Consider and take action on emergency reading of ordinance prohibiting articles from being thrown, handed or passed from any float and /or vehicle during parades on public streets. A. Mr. Sweatt reminded Council the contract, as was originally prepared, is back in their packets. The Business Association asked for a change in the contract at the last meeting, specifically that they receive a written report of any incidents which occur at the Jubilee, and it was tabled until tonight's meeting for further discussion. Mayor Baldwin suggested having a follow -up meeting after the Jubilee, (the City would also be interested) to discuss these matters. Both Council and the representatives of the Business Association agreed. Council indicated their readiness to move on with approval of the contract at next Tuesday night's meeting. B. Mr. Sweatt had distributed a document, prepared by the City Attorney, to each Councilmember. It would amend the Code, Section 18 -7, and outline all the requirements for a parade permit. The sponsor of the parade would be required to get a permit. In the amended version, any violation would be a violation, not of a person in the parade, but rather of the sponsor of the parade. As was pointed out by several Councilmembers, then the City and the Schertz Business Association would be subject to a fine. Mr. Sweatt disagreed, saying it is the Business Association that would apply for the permit, not the City. Anita Clark of the Business Association remarked she thought the City and the Business Association were co- sponsors and furthermore, they had never had to get a permit before. Mayor Baldwin wondered why the ordinance can't fine the person throwing the candy and not the Business Association. He didn't think it was the intention of the Council to fine the Business Association. Mr. Sweatt indicated the ordinance can be changed to comply with Council's wishes. Mr. McDonald asked if the Business Association is still in favor of having candy and Mrs. Clark answered they have a presentation to make tonight at the request of the Business Association. Mrs. Clark informed Council they are considering pooling the candy at a drop site. Annie Almond suggested that the "Potty patrol" from the Public Works Department take their carts and distribute the candy 10 to 15 minutes prior to the parade. Ms. Almond said Mr. Sweatt didn't know if that was feasible and would talk to John Bierschwale about it. -285- Mr. McDonald thought putting the dandy in a depository and then having it distributed ahead of time was a good idea. It is a solution that will prevent Council from having to legislate the throwing of candy. There was a brief the throwing of would have any a if it were the Association that enforced. discussion about an ordinance prohibiting candy and how the Business Association ithority to enforce it. Mr. Sweatt noted policy of the City and the Business candy not be thrown, then it could be After a lengthy discussion about whether or not there will be enough candy or if anyone will even bring candy, Mrs. Almond asked for help from Mr. Sweatt in the writing of a statement to put in the letters to the parade entrants regarding this new policy. Mr. Sweatt agreed to help. Mr. Sweatt then asked that Council leave this proposed ordinance on the table and bring it back at a later time to clarify and formalize the process of obtaining and meeting the requirements of a parade permit. Council agreed. #4 Discuss FY 1996/97 Audit Report. Mr. Sweatt reminded Council they all have a copy of the audit report and Fred Timmons is here to go through it briefly and answer any questions they may have about it. The Audit Committee has met with the auditors and have agreed that with the addition of the Comptroller to the City staff, the audit should be finished in a timely manner next year. After Mr. Timmons reviewed some of the highlights of the audit report, Mayor Baldwin verified there's nothing wrong with the books, there were just internal problems in getting the audit completed. Mr. Timmons stated that's correct. Council was prepared for this item to be included on next Tuesday night's agenda. #5 Discuss final reading of ordinance rezoning approximately 200 acres of land from R/A and GB to M -1 (San Antonio I Limited Partnership, San Antonio III Limited Partnership and Charles Forbes property.) There were no further comments by anyone on this rezoning and Council indicated their readiness for the item to be included on next Tuesday night's agenda. #6 Discuss final reading of ordinance rezoning approximately one (1) acre of land from R/A to GB (Albert White property). :. There also were no further comments by anyone on this rezoning and Council indicated their readiness for the item to be included on next Tuesday night's agenda. #7 Discuss second public hearing regarding annexation of approximately 35.31 acres of land (Forbes property). Having discussed this several times in the past, Council agreed they were ready to move on with it and have it scheduled on next Tuesday night's agenda. #8 Discuss ordinance requirements relating to sidewalks. Mr. Sweatt advised there is a section in the United Development Code (UDC) dealing with requirements for sidewalks. He read the following excerpt: "Sidewalks shall be required along both sides of all streets throughout the City. The Planning and Zoning Commission may waive sidewalk requirements for topographic conditions or drainage conditions which preclude their construction." Mr. Sweatt went on to say the ordinance also talks about curb ramps and about locations and widths. He then read another excerpt as follows: "They will generally be installed with the construction of the primary structure on a tract or lot when a subdivision or a unit of subdivisions is developed in phases and is 958 complete. Sidewalks will be completed along the front or vacant residential lots and common areas. If a street is constructed which will have no residential lot access points, then sidewalks shall be installed concurrent with street construction." Mr. Sweatt then read yet another excerpt as follows: "When the developer wishes an exception from the requirements, the developer may appeal to the City Council through the Planning and Zoning Commission. The Commission will make a recommendation which may waive the requirement for sidewalks or may defer the installation to whatever time the Council feels appropriate. The developer shall place an amount in the Sidewalk Escrow Account with the City sufficient to cover the actual cost of the construction of the sidewalk." Mr. Sweatt mentioned he had done a review and over the years the City has done a lot of different things about sidewalks. They have never required a sidewalk to be installed on FM 3009 or on Schertz Parkway. On some streets it has been required that sidewalks be brought out to the right -of -way of the major thoroughfare and on others it has not been required. They did an informal engineering estimate, taking into consideration the length and price of sidewalks and adding a pretty substantial factor for terrain, and came up with a rough estimate of $411,000 to put sidewalks along the -287- entire length, on both sides, of FM 3009. Mr. Sweatt said, in his opinion, he doesn't feel sidewalks are needed along either FM 3009 or along Schertz Parkway. He feels that at some time in the future, Schertz Parkway will face the need for a hiking /biking trail which could extend all the way up to the Forest Ridge subdivision and come across FM 3009 and continue down all the way to Borgfeld Road. That's an ambitious plan, but better than sidewalks. Mr. McDonald expressed concern about young people walking back and forth to work along FM 3009. Mr. Agee referred to all the sidewalk work done several years ago in Aviation Heights regarding ramps for the handicapped, etc. and then said you won't find joggers on the sidewalks anyway. They use the street. That is in violation of the law, but how do you ticket an entire culture. Mr. Greenwald mentioned if you come to his subdivision, the sidewalk is on the west side of Westchester, but everyone walks down the east side where there is no sidewalk. Mayor Baldwin noted there are sidewalks on both sides of Brooks Avenue and people use them. Mr. McDonald stated that several people at the bond meeting got up and spoke about the need for sidewalks going from Dove Meadows to Dobie School. Mayor Baldwin stressed there absolutely needs to be a sidewalk along Elbel in front of the high school all the way from Schertz Parkway to FM 3009. The school has agreed to do that. Mr. McDonald indicated he had spoken with Commissioner Wolverton and they said they would pay for their share in that area along the front of their property. Mr. Sweatt didn't think that portion was included in his figures because they knew a development was coming. Mr. McDonald had asked the Commissioner if the City paid for it would they reimburse them and was told the County would pay for it up front. Council agreed it should be done because it's important. Mayor Baldwin thought, if the school's ready to do their portion, maybe they could do the whole project at once and get a better price. Mr. Agee was in favor of the sidewalk along Elbel, but agreed with Mr. Sweatt about no sidewalks along FM 3009. If you put sidewalks there, you're encouraging more foot traffic and that's a high speed roadway designed to move cars and not individuals. Mr. McDonald agreed with Mr. Agee's thoughts, but was still concerned about people walking along the side in the gutter. FM 3009 being a high speed road, there's no place to go, there's no shoulder, and he can just see someone getting hit along there because it's so poorly lit. Mr. Greenwald implied that better lighting may be the answer to that problem. Mr. Potempa asked if there's any liability the City can incur for not providing adequate safe walkways. Mr. Sweatt promised to ask the City Attorney about that. Mayor Baldwin asked how many agree FM 3009 is designed for high speed cars and does not need sidewalks. This prompted a discussion in which several Councilmembers felt something needs to be done even if it's a dirt path for walking. Mr. Agee stated if you put a sidewalk next to the road, you're going to get someone hurt. If you can put a sidewalk further back from the roadway, then he could go along with that. It was asked if that was possible and Mr. Sweatt replied he would have to speak with TXDoT about it since it's their right -of -way. Mayor Baldwin asked if we need to give some kind of guidance to the Planning and Zoning Commission. It looks like they have the authority to make the decision. Mr. Sweatt reminded the Mayor the Commission can waive sidewalks for topographic reasons, but if the developers want a waiver for some other reason, they have to appeal to City Council through the Commission.. There was further discussion about such things as having the ordinance in place and we just need to enforce it, about how we justify requiring one developer to put in sidewalks and not another, about signalization along FM 3009, and about insisting the ordinance be followed and if anyone wants a variance, they have to go through the correct process. Mayor Baldwin then asked Council's feelings about sidewalks along Schertz Parkway. Mr. McDonald felt they should look at some kind of pedestrian traffic at least on one side. Mr. Agee noted there's plenty of room on Schertz Parkway for some kind of walking trail and the speed is lower than on FM 3009. The other Councilmembers agreed. Mr. Sweatt mentioned the eventual need for two extra lanes and a continuing left turn lane along Schertz Parkway. He also suggested that perhaps some of the bond money should be used as a means to get walking /jogging paths and consider that as part of the overall improvements. Mr. McDonald stated he knows the City can't go back now and require the developers of Ashley Place to put in anything, but maybe they could solicit contributions. It doesn't hurt to ask. The City should also require that all future development has to either put in sidewalks or put money in escrow for some type of pedestrian thoroughfare. The other Councilmembers were generally agreeable to this. -289- In summary, Mr. Sweatt said he would check with TXDOT about what was discussed for FM 3009. As far as Schertz Parkway, Mayor Baldwin noted the City will enforce the sidewalk requirements. #9 Consider and take action on first reading of Ordinance calling a bond election to be held in the City of Schertz, Texas; making provisions for the conduct of the election; and providing an effective date. Mayor Baldwin introduced an ordinance and read the caption as follows: AN ORDINANCE CALLING A BOND ELECTION TO BE HELD IN THE CITY OF SCHERTZ, TEXAS; MAKING PROVISION FOR THE CONDUCT OF THE ELECTION; RESOLVING OTHER MATTERS INCIDENT AND RELATED TO SUCH ELECTION; AND PROVIDING AN EFFECTIVE DATE. Mr. Sweatt advised the ordinance outlines the propositions and has been submitted to the Justice Department. Council is being asked to consider and take action on the first reading tonight. Mr. Potempa moved to approve the first reading of an Ordinance calling a bond election to be held in the City of Schertz, Texas; making provisions for the conduct of the election; resolving other matters incident and related to such election; and providing an effective date. Mr. Agee seconded the motion, which carried with the following votes: AYES: Councilmembers McDonald, Potempa, Agee and Greenwald. NAYS: None. #10 Consider and take action on first reading of Ordinance ordering an election to be held in the City of Schertz, Texas, to submit a proposition on the question of the adoption of an additional sales and use tax under the provisions of Section 4B, as amended, of the Industrial Development Corporation Act; making provision for the conduct of the election and resolving other matters incident and related to such election; and providing an effective date. Mayor Baldwin introduced an ordinance and read the caption as follows: -290- AN ORDINANCE ORDERING AN ELECTION TO BE HELD IN THE CITY OF SCHERTZ, TEXAS, TO SUBMIT A PROPOSITION ON THE QUESTION OF THE ADOPTION OF AN ADDITIONAL SALES AND USE TAX UNDER THE PROVISIONS OF SECTION 4B, AS AMENDED, OF THE INDUSTRIAL DEVELOPMENT CORPORATION ACT; MAKING PROVISION FOR THE CONDUCT OF THE ELECTION AND RESOLVING OTHER MATTERS INCIDENT AND RELATED TO SUCH ELECTION; AND PROVIDING AN EFFECTIVE DATE. Mr. Sweatt related they believe this represents the recommendations of the Citizens' Bond Committee and of the City Council. It describes the proposition. Council is being asked tonight, on this Ordinance also, to consider and take action on the first reading. Mr. Greenwald moved to approve the first reading of an Ordinance ordering an election to be held in the City of Schertz, Texas, to submit a proposition on the question of the adoption of an additional sales and use tax under the provisions of Section 4B, as amended, of the Industrial Development Corporation Act; making provision for the conduct of the election and resolving other matters incident and related to such election; and providing an effective date. Mr. McDonald seconded the motion, which carried with the following votes: AYES: Councilmembers McDonald, Potempa, Agee and Greenwald. NAYS: None. #11 Discuss contract with Guadalupe County Elections Administrator for conducting a special bond election and a special sales tax election on August 9, 1997. Council felt going with this contract was a good idea since the May election, which was conducted by the Guadalupe County Elections Administrator, ran so smoothly. They agreed it should be included on next Tuesday night's agenda. #11 CITY MANAGER'S REPORT: A. Reported he had talked with Judge Sagebiel and Guadalupe County does have a representative to the 911 Board. It is Colonel James Garcia. B. Reminded everyone the grand opening of the HEB is this Friday morning at 9:00 a.m. As many as possible should plan to attend. Following that, there is also a grand opening of the Allstate Insurance Agency in the State Bank building. -291- Mayor Baldwin added that Tony Morales is cutting out a big key for them from mesquite and there will be room on it for the engraving of everyone's names. It will be presented to HEB and he needs everyone's signatures tonight. It was decided to have Welcome to the Friendly City and the date of May 30, 1997 put on the key. #12 ITEMS BY COUNCIL: Mr. Greenwald: A.Commented that Planning and Zoning turned down a plat for Berry Creek Unit 2 last night because the 55' and 60' lot mixture wasn't even close to the requirements. Mr. McDonald remarked that Berry Creek still hasn't done anything about their fences. B. Mentioned he had given everyone copies of Senate Bill 1 with notes about water rights and Mr. Sweatt received more information today about riders to the Bill. Mr. Sweatt said they have hooked on several onerous things and there are still some bugs that need to be worked out. C. Asked about the status of the groundwater study. Mr. Sweatt replied Crockett Camp told him the groundwater person had pretty much finished, but Mr. Camp doesn't have a report yet. Mr. Greenwald indicated one other water alternative would be to go with our own plant up by Solms Road. Mr. Greenwald also pointed out that if this Bill goes through, CRWA will still be able to sell water, but they can't guarantee it, and he sees a whole bunch of CRWA's customers going away. The City needs to keep a close eye on the situation. Mr. McDonald: Wanted to know what ever happened about the lady behind Mr. Greenwald who had the debris from a tree in the easement. Mr. Sweatt replied they sent the owner a letter and he has 10 days to take care of it. There was wind last night, so more limbs blew down and he's sure the Inspector will have to keep on top of the situation. Mayor Baldwin asked whatever happened regarding the other address he gave Mr. Sweatt that backs up to the lady on Curtiss Avenue. Mr. Sweatt replied that has turned out to be a real problem. The ordinance says you have to mow and this woman has made a lifetime career of growing ivy. You look at it and think it is a jungle. She insists she should be allowed to grow natural material. The City is trying to figure out how to enforce the ordinance without telling her she has to take everything down. Mr. Potemoa: Inquired about the status of the Ralley's hamburger stand parked out off FM 1518. Mr. Sweatt answered he had asked the inspectors to talk with the owner and give them some time to get it moved, but he forgot to -292- check on it today. B. Referred to the condition of the property at 504 Mitchell. They started putting on a roof two years ago and the shingles are still sitting there. Mr. Sweatt said he would check into it again. As far as the shingles still being there, there's no ordinance against that. Mr. Potempa then asked if they aren't required to get a permit and Mr. Sweatt stated the permit is void, but that doesn't mean the shingles can't still sit there. Mr. Sweatt further stated the people who live there receive letters about trash accumulation every once in a while and then they clean up enough to meet the minimum conditions. #14 ITEMS BY MAYOR: A. Reported he received a letter from Regis Lynch of the Housing Authority saying that he is resigning. He has taken a promotion which requires a lot of travel and Council had agreed that Earl Sawyer would make a good candidate for the position. He asked that Mr. Sweatt place the appointment of Earl Sawyer on the next agenda. Mr. Sweatt observed it is usually the Mayor's appointment, but since he had told Council what he intends to do, they can put it on the next agenda. B. Read a letter from The Collin Enterprise Project of the Rockefeller Foundation, in conjunction with AACOG, inviting Council to attend a seminar for City elected officials at the UTSA main campus library building on June 27th and June 28th. The purpose is to increase the effectiveness of City elected officials. C. Announced he will meet with Jesse Flores on June 2nd. Mr. Flores wants the City to reconsider their decision on participation in the HUD Community Development Block Grant Program. D. Commented he needs RSVP's for attending the AMCC conference in Waco July 24th through the 27th. # 15 EXECUTIVE SESSION: Called under Chapter 551 Texas Government Code, sub - section 551.074, Personnel Matters, to deliberate the appointment, employment, evaluation, etc. of employee. An Executive Session was held from 9:33 p.m. to 10:18 p.m. #16 Consider and take action, if any, on above Executive Session. No action was required. Before adjournment, Mr. Sweatt reminded Council to wear coats and ties to the meeting next Tuesday night because they are having their pictures taken. -293- #17 ADJOURNMENT by Mr. Agee and adjourned at 10:23 ATTEST: On a motion by Mr. Potempa, seconded unanimously carried, the meeting was p.m. Mayor, City of Schertz, Texas City Secretary, City of Schertz IE