ccswks 01-11-1995
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SPECIAL MEETING OF THE CITY COUNCIL
JANUARY 11, 1995
The Schertz City Council convened in Special Workshop
Session Wednesday, January 11, 1995 at 7:00 p.m. in the
Conference Room of the the Municipal Complex, 1400 Schertz
Parkway, Schertz, Texas. The followinQ members were
present: Mayor Hal Baldwin, presidinQ; Charles McDonald;
Joe Potempa; Barbara Stanhope; Mary Marsh and Ken
Greenwald. Staff present were City ManaQer Kerry Sweatt and
City Secretary Norma Althouse.
#1 HEARING OF RESIDENTS: A. Mr. GeorQe Mower read a
short quote from Thomas Jefferson which he said pertained
to when he asks questions and Qets nothinQ back but blank
stares ~nstead of answers. The quote went as follows: "If
the people don't have enouQh information to wield power
correctly, don't take the power from them. Give them the
information." Before readinQ, Mr. Mower commented he
thouQht it would be appropriate to have a flaQ in the
conference room.
Mayor Baldwin asked Mr. Mower if he didn't think providinq
aqendas, holdinQ Mayor's Forums, and permittinQ residents
to speak at the beQinninQ of meetinQs was allowinq him
enouQh time to say what he has to say. Mr. Mower thanked
the Mayor for respondinQ and not suppressinQ him because
there are other forces at work that do that.
Mayor Baldwin told Mr. Mower he thouQht the Council
been pretty responsive to sUQqestions made by him in
past couple of months and had come a lonQ way. Mr.
aQreed, but insisted there's still a lonQ way to QO.
had
the
Mower
B. Bill Strickland spoke reQardinQ the construction work
at Mobile Villa. As the work proQressed, he noticed
several thinQs and when he questioned the one area he
wishes to discuss this eveninQ, he Qot answers with no
consistency. He spoke with the inspectors and they
explained to him their interpretation of walkways (that
which Qoes from the house to the street, not parallel to
the street), but which he calls sidewalks. There are some
residents in Mobile Villa that had sidewalks and they came
to the property line which is the Qate or the fence, and
others extended out. When Mr. Strickland questioned the
inspectors about who was QoinQ to Qet sidewalks, they
explained to him it would be the people who exceeded the
property line.
Mr. Strickland related he drove around Mobile
niQht and noticed they poured some that don't
property line. He asked himself where's the
and why, and he can't Qet an answer.
Villa last
exceed the
consistency
Mayor Baldwin questioned Mr. Strickland if when he says a
sidewalk exceeded the property line, he means it went into
the street riQht-of-way.
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Mr. Strickland explained he means it exceeded the property
line, it went beyond the fence. Mayor Baldwin clarified
then -that Mr. Strickland is further saying the aqreement
is if it exceeded that property line, they'll go ahead and
complete the sidewalk out to the street. Mr. Strickland
indicated that's his interpretation from what he has been
told by the City Manager and by the inspectors.
Mr. Sweatt reported the policy has been to replace those
walkways that extended beyond the property line out toward
the street. There were a number that did not come all the
way out to what is now the curb. Some ended a short
distance away from the property line, but he didn't know of
any they replaced that came only to the property line.
Mr. Sweatt went on to say they have looked at the plans
and specifications and reviewed the construction on the
ground, and identified roughly 50 spaces that would require
the extension of the walkway if we made the extension for
any property beyond the property line. There have been
about 20 that have been extended. The cost is
approximately $19.00 per square yard or $2.00 and SOIl8 odd
cents per square foot. Mr. Sweatt felt it is not the
City's responsibility to extend the walkways beyond the
property line.
Mr.
and
that
from
have
Strickland stressed his only concern is consistency
he believes if the City went out and examined the ones
have been poured, they will see there are some poured
the gateway property line to the street and some that
been extended from the old cement to the street.
Mayor Baldwin asked if there are any that have been poured
from inside the property line to the street. Mr.
Strickland, saying he can't use the word "inside", answered
it's to the property line. That's his interpretation of
the way it was explained to him by the City Manager and the
inspectors. If it comes to the gate, it's the property
lIne and they won't pour those. If it goes past the gate
by one inch, then they will pour. Mr. Sweatt indicated
they have a set of plans they are followIng.
Mayor Baldwin observed he wasn't sure where you draw the
line and Mr. StriCkland added that the property lIne is
considered the line.
Mr. Strickland mentioned he had asked the Inspectors to
define a drIveway and they told hIm if there's any
indication a person is parking next to the qateway, they're
going to pour him some cement. Mr. Strickland was
positive he could point out an example where money was
wasted to pour cement because the person just pulls over
there and parks.
Mr. Sweatt aCknowledged if it's considered a waste to pour
driveways. then driveways were poured in every lot that had
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evidence of the owner using an area for his off-street
parking. A driveway approach was poured there and at each
driveway gate throughout the subdivision.
Mrs. Marsh observed that's in keepinG with the State.
They do the same thing - for each ingress/egress, they pour
a driveway approach.
Mayor Baldwin asked why we just can't get rid of the word
"beyond." Then any person who has a sidewalk that goes to
the property line would be entitled to a sidewalk fro.
there on out. He has a little problem with the fact that a
sidewalk which goes beyond the property line an inch or so
entitles a person to sidewalk all the way down to the curb,
whereas the person who stopped right at the property line
is not entitled to the same thing.
Mr. Strickland emphasized again that the consistency is not
there. They are not fOllowing their own guidelines.
Mr. Potempa presented a layout of Mobile Villa saYing he
had walked the streets and made a map of the area. There
are a total of 58 lots, not counting co...rcial. !hree
lots are vacant and four are open. The layout indicated
which lots have new walkways poured by the contractor.
Some of the lots, for example at 5309 Irola, had a s..ll
stub-out from the property line/fence. The contractor caae
in with a saw and cut out that section and put in a whole
new sidewalk from the curb to the property line to the
gate. There are places in Mobile Villa where you will find
the stub is there and all the contractor did was continue
on to the curb. Mr. Potempa didn't know how many were
stubbed out prior to the construction. He did know there
are 24 lots that have walk through gates, but have no slabs
to which a walkway is poured. There are 12 pieces of
property that do not have walkway gates, just a solid fence
where their driveway is. Mr. Contreras has a stub-out,
but does not wish to have a sidewalk.
Mr. Potempa asked how much money is left for this project.
Mr. Sweatt replied the contract has been paid - they had
bond money to do the project. Any bond ~ney not spent on
this will be spent on other projects in the 1987 issue.
Mr. Potempa then asked if we have enough aoney to cover
the additional sidewalks.
There was discussion about the needs of so.e of the
disabled residents of Mobile Villa and Mr. Poteapa asked
Council to go ahead and complete this project once and for
all and put the additional sidewalks in on the prOperty
where they need it.
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Mr.
shows
if we
would
Based
Sweatt stated, according to the plans, their count
SO spaces that do not have sIdewalks today and that
change the policy and extend the sidewalk farther, it
be appropriate to do that for each of those 50 lots.
on an average of a three-foot walkway, the cost
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comes to roughly $4200. It may be less than that because
the average miqht not be three foot and the count may be
different.
Mr. McDonald asked if we do it now and those who don't
have gates on their property decide to put a gate in next
month, are they going to come back and ask us to put a
sidewalk in.
After discussion about the actual number of lots and those
who still need sidewalks, Mayor Baldwin suggested putting
in sidewalks for those who have walkways going to the
property line.
Mr. Mower interjected the idea of having those
owners who do not want sidewalks to sign off on
saying they understand and they waive their rights
additional sidewalks.
Mayor Baldwin pointed out if they don't sign off because
they may want one someday, then money has to be held in the
bank until they decide if they're goinG to put in their own
sidewalk. The Mayor felt we should do the ones that are
there now and get it over with.
property
a form
to any
Mayor Baldwin then asked if the Council has objections to
this item being placed on next Tuesday's agenda. No one
objected.
Mr. McDonald noted the important thing is to
with the total number of residents and
Councilmembers agreed.
co.. back
the other
There was some debate about whether there should be one
sidewalk per lot, per resident, or per walking gate, and
whether or not those without a walking gate should be
allowed to have a stub. Mrs. Marsh suggested the City
take a look at it and come in with a recommendation.
Mr. Strickland thanked the Council for their time and
input on this item.
C. Jim Harris, referring to the Mobile Villa situation,
said if they went over one inch, they rewarded people who
infringed on city property and denied those who did the
proper thing and stayed on their line. Mr. Sweatt
insisted that was not the case. This area was built
outside the City prior to subdivision requlations and the
property owners had a choice.
Then Mr. Harris spoke directly to Mayor Baldwin, regarding
the ordinance on procedures for conducting Council
meetings, and pointed out that on several occasions, during
the course of a meeting, the Mayor remarked it Is a qood
thing we didn't take the auditor with the low bid. Mr.
Harris said the Mayor can't prove that and he thinks it's
inappropriate that residents can't respond until the next
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meeting even though he (Mr. Harris) spoke strongly against
taking the low bid.
Mr. Harris next mentioned he had checked his long distance
telephone co~any to make sure Schertz was still getting
his tax and they are.
Mr.Harris also said he ran across a paper dated May 3, 1976
which shows population growth estt.ates. It says Cibolo
had 600 residents, Schertz had 6,500 and Universal City
11,000. It predicted by 1980 cibolo would have 1980
residents, Schertz would have 10,000 and Universal City
16,500. They were really looking forward to 1990 when
Cibolo would have 3,000 residents, Schertz 22,000 and
Universal City 33,500. Mr. Harris thought that was
interesting.
Lastly, Mr. Harris asked if the review of water rates is
still on a future agenda and was told by Mr. Sweatt and
Mayor Baldwin it is.
12 Discuss final con8ideratioa of ADt.alc COfttrol
Ordinance.
Mr.' SWeatt noted the ~ifications to the ordinance are in
all cases changes in the grammar, punctuation, spelling and
clarification, and in one instance, the wording.
Mrs. Stanhope asked how important the issue of private
kennels is, as brOUght up by Mrs. Marsh. Mr. SWeatt,
saying he didn't know, commented that in the current City
ordinance, there is no provision for private kennels. Mrs.
Marsh and Mrs. Stanhope both insisted there are private
kennels, already in existence, in the City. John
Bierschwale, Public Works Director, said he would check
into it.
Mr. Sweatt remarked the question would arise if s~ne
came in and asked to license a kennel in a residentially
zoned area. otherwise, it is controlled by the Zoning
Ordinance. Mr. Sweatt went on to say if kennels existed
prior to the properties being zoned, they would exist as a
non-conforming use.
Mrs. Marsh indicated she would not want to punish the
existing kennels with this new ordinance and Mr. Sweatt
reassured her this ordinance would have no bearing on
eXisting kennels.
After some discussion, it was decided there is no need to
address licenSing for kennels in this Ant.al Control
Ordinance. Mayor Baldwin did ask if we have any kind of
record of kennels that have already been pe~tted. Mr.
Sweatt, stating there is no provision for the licensing of
kennels in the old or the new Animal Control Ordinance,
emphasized again that those which currently exist are a
non-conforming zoning use as opposed to an aniaal control
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use. Mr. Bierschwale commented that anyone who has an
existing kennel should have been registering their animals.
Mr. Greenwald mentioned a section of the ordinance which
referred to the cross breeding of wolves. Mrs. Stanhope
thought that part was under the section on wild animals.
Mr. Sweatt indicated they had not changed any substance of
that part of the ordinance. Mr. Greenwald said it seemed
to him there was the mention of the word "hybrid" in the
definition and he would look it up and if he had any
questions about it, would give Mr. Sweatt a call.
Mayor Baldwin asked the Councilmembers if they were
prepared to put this item on the agenda for next Tuesday
night and they agreed they were~r~dY.
#3 Discuss publiC hearing for Specific u.. PerMit
request from J. Robert Asselin, Jr.
Mr. Sweatt advised this has been to the Planning and
Zoning Commission, a notice of public hearing has been sent
to the adjoining property owners, and according to the
Zoning Ordinance provisions, this is a request for a
Specific Use Permit. The owner intends to use the second
story of the business building at 18780 IH-35 North, to be
known as the Dragon's Den, as his residence and to provide
security for the building.
Mr. Sweatt reminded the Council they will find, in their
packet, a letter to the owner informing him of the date for
the publiC hearing, the application for the permit, a
drawing indicating the layout of the second story, and a
copy of the notice that went to property owners within 200
feet. The public hearing is set for Council's next regular
meeting.
Mrs.
Mr.
area
then
Marsh asked what was in this location previouslY.
Sweatt thought it was originally an automobile sales
that had turned to a flea market type of operation and
a restaurant.
Mr. McDonald asked if, in this drawing, he's putting a
bathroom and a kitchen downstairs. It looks like the
upstairs is bedrooms and a living room. Mr. Greenwald
noted that at the Planning and Zoning meeting it was
indicated the entrance will be from the outside and he is
putting a bathroom upstairs.
There was no further discussion on this and it was
considered ready for next Tuesday night's agenda.
*4 SPECIAL MEETINGI Consider and take action on
aCknowledging the need for a special meeting for canvassing
of election returns.
Mr. Sweatt advised that based on the timing recommended by
the Secretary of State for the canvassing of election
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returns, it appears the only way we can meet those
timetables is to have a special meeting on Wednesday,
January 25th. It will be a one item only agenda.
Mrs. Marsh moved to approve
wednesday, January 25th, for the
returns. Mrs. Stanhope seconded
with the fOllowing votesl
AYES: Council.embers McQOnald, Potempa, Stanhope, Marsh
and Greenwald.
a special meeting on
canvassinq of election
the motion, which oarried
NAYS: None.
15 LEASE AGIl.iJuJrr,
le~se aq~~~~nt trans(er
National corporation.
Consider and take aotion on a
fro. Pople Advertising to Revere
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Mr. Sweatt reminde4 Counqil that Sohertz own. a piece of
property on IH-35 up abOve PM 2252. We entered into a
lease aoreement with Poole outdoor Advertising for the
placement of a large outdoor sign/billboard on that
property. Poole OUtdoor Advertising has suooe.sfully
complied with the terms of their lease agr....nt sinoe that
time. They have now proposed a sale of their assets to
Revere National Corporation which is also an outdoor
advertising company. We have discussed this with the CIty
Attorney and have been furnished copies of the inforaation
describing the background of Revere National Corporation.
The City Attorney, has, consented to the foraat of the
proposed letter of transfer if it aeet. the Counoil's
wishes to authorize the transfer of the terms of the lease
agree..nt from Poole Outdoor Advertising to Revere National
Corporation under the same terms and conditions.
Mr. Sweatt further stated Revere currently has one
billboard location in our City and they have ~lied with
all our ordinances and have aaIntained the bond
appropriately. We recommend approval of the transfer.
Mr. McDonald asked how long the lease is for and how auch
they are paying us. Mr. Sweatt replied they pay $450
quarterlY and the fourth year it goes up to $600 qaarterly
through the fifth year of the lease. The term of the lease
originallY was from July 1, 1993 through June 30, 1998.
Mayor Baldwin pointed out this is a consider and take
action item, so we need a motion.
Mr. McDonald mov~d to approve the lease agreeaent transfer
from Poole outdoor Advertising .to Revere National
corporation. Mrs. S~.nhope seconded the motion, which
carried with the following votesl
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AYES: Gouncilmembers, McDonald, Potempa, Stanhope, Marsh
and Greenwald.
NAYS: None.
#6 CITY MAKAGBR'S RBPORr
A. Reminded everyone of the Special Election on January
21st.
B. Reported the non-emergency offices of the City will be
closed Monday, January 16th in observance of Martin Luther
King day.
C. Noted recycling has begun, but we haven't had a'report
. yet.
'7 ITEMS BY COUHCIL
Mr. Greenwald: A. Remarked if his trash can is any
indication of recycling, they better bring a big recycler.
Mrs. Stanhope reported she had a neighbor make an
interesting comment about recycling. The neighbor asked
whose property it is once you put it out at the curb. What
happens if someone comes by and starts taking things out of
the r~cycling bin? Mr. Sweatt replied that the ordinance
declares once you have placed it for collection, it is the
property of the City. Mrs. Stanhope then asked if
pilfering or scavenging starts happening, do they call the
police. Mr. Sweatt replied they certainly could do that.
Mr. Potempa asked if
people going through
answered they do not.
but they still don't
place.
Mrs. Marsh related that in Germany they have three
different colored plastiC huts on designated street corners
for the various types of recyclable products.
they envision a lot of calls due to
the recycling bins. Mr. Sweatt
The price of tin cans may escalate,
foresee a lot of scavenging taking
There was a br~ef dis~ussion on the types of recycling
programs in other areas of the country. Mr. Greenwald
mentioned a program just getting started in New Braunfels.
The customer is charged $1.85 and BFI keeps 50..
B. Reported he att~nded the Canyon Regional Water
Authority meeting last month and got a copy of their annual
report. A copy will be available in Mr. Sweatt's office
if anyone wants ~o review it. The plant is up and running
with verv few problems. The total pumped so far since July
is 142,000,000 gallons. Bexar Metro is moving forward with
their ground request for another 20" line out on FM 78 all
the way ,from McQueeney to approximately Fort Sam.
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Mr. McDonald: A. Asked, 'as far as ADA, when :we're Going
to start doing the curb cuts. Mr. SW.att advi8ed the
agreement has gone to Bexar County for authorization and
hasn't come back yet.
B. Asked about the progress on PM 300~. Is there any
ti.etable? No timetable was given, but ~.nts were made
about the walls going up.
C. Noted that if Mr. Mower had stayed through.cae past
Jll8etings he had SOJll8 cOlllll8nts for ,hi.. ,Revarding the
front-end loader versus a ladder and wastIng all that aoney
on taking down Christmas decorations, Mr. MCDctnald said it
used to be that the diesel equipment had to be run so ..ny
hours a week and/or month in order to cut doWn aaintenance
cost on it. We may have done it quicker than with a
ladder, so we saved some money. Rather than always finding
what they're doing wrong, let's look for ssmething they're
doing right. We own the equipment, we didn't rent it.
That engine needs hours on it. '
Also, referring to Mr. Mower's statement about tax, tax,
tax. The City isn't interested in tax, tax~ tax. We're
trying to find a way to finance the City so we' can have
SOIll8 controlled growth. We're going to have growth. It's
going to come - there's nothing you can do'to stop it. If
we have money to recruit some desirable folks into the
City, then we'll get the type of growth we want. otherwise
we will get everyone else's leftovers.
,----
Hr. PotemRAl Asked when they're going to start
construction on Bill Miller's Barbeque. Mr. SWeatt
replied the Site Plan has been approved, but he doesn't
believe they've applied for a building pe~it yet. Mr.
Greenwald advised that Bill Miller's uses their own
contractors and their own plans, and .ost of their
bUildings are prefabs, so it doesn't take long once it gets
started.
.HI:JI. Marsh I Asked how the investigation is COItinq on the
cost of painting the large pavilion. Mr. SWeatt related
the City engineer is checking into so.e of the removal
procedures and will come back with an esti..te of the cost
of what it will take to do the project.
Mr. McDonald had another comment for
regard to spending $112,000 to put in a
IH-35, that money was tor two projects
and one on PM 78.
Mr. Mower. In
water line up on
- one up on 18-35
Mr.
Did
had.
Potempa asked Mr. Mower if he is a true Texan now.
he get Texas license plates? Mr. Mower replied he
'8 ITDIS BY MAYOR. Mayor Baldwin reported having
several letters from the Texas Natural Resourc88 CORaission
regarding recycling.
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fl9 ADJOUIUIl,~,..",.' On a ~tion
Mrs. Marsh andunanilliousl y
at 8:12 p.m.
ATTEST:
~____ ~ ) /l /:7'-./ ~_u .;?.I ../
,
City Secretary, city of Schertz
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by Mr. 'Potempa, seconded by
carried, the meeting adjourned
aL
Mayor, City o~ Schertz, Texas