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.
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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.
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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
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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.
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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:
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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.
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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
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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.
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#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