ccswks 07-15-1992
SPECIAL MEETING OF THE CITY COUNCIL
JULY 15. 1992
The Schertz City Council convened in Special Workshop
Session. Wednesday July 15, 1992 at 7:00 p.m. in the
Conference Room of the Municipal Complex, 1400 Schertz
Parkway, Schertz, Texas. The following members were
present: Mayor Earl W. Sawyer, presiding; Joe Potempai
Hal Baldwini Barbara Stanhopei Mary Marsh and Ken
Greenwald. Staff present were City Manager Kerry Sweatt,
City Secretary June Krause and City Attorney Michael Spain.
#1 HEARING OF RESIDENTS: A. Mrs. Behne of 1221
Idlewood said that back in 1946 her grandmother donated
their family cemetery to the local Methodist Church and
community. She made the stipulation that members of the
church could be buried there and in exchange they were to be
the caretakers. Over the past years, they have never
cleaned the cemetery and the family members have had to do
that. In the last few years, they have had trouble with the
trailer court. They have actually cut a large hole in the
fence so that they could drive trucks through and haul their
debris onto the parking area. Another thing is the
vandalism at the cemetery. They have had to have surveyors
come in so they could put up new fencing and have had to
contact monument works to repair the headstones, which will
cost over $1,000. Out of the 21 headstones, there is only
one or two that is not damaged. In 1990 the family had to
go down and clean up because some kids had hauled in car
seats, sofa cushions and even built a tree house. During
the City's Spring Cleanup, the City came down and shredded
and hauled off all the debris. At that time she called on
Chief Agee for some help - to go down with her and check it
out. She said Chief Agee refused and said he would have his
sergeant check it out. She did not know if anything had
been done but did know that the vandalism is still going on.
She said they had put out $3,000 for an attorney, fencing
will cost $5,000 and the headstone repair over $1,000.
After the article appeared in the papers about vandalism,
Mrs. Behne received a call from Officer Todd, saying she
would look into the matter and call her back - that has been
over ten days and she has not called back. She said their
attorney was sending a letter to Mr. Sweat asking for a
Quit Claim Deed from the City and that she had talked with
the Mayor and he said the City did not own that property.
Mayor Sawyer said that we needed to see their deed and then
he would ask the City Council to have the attorney draft a
letter saying the City has no interest in this property. He
added that if this property fronts on FM 78, we would not be
willing to give up frontage until we had a road through
there. However, first we need to see the deed to the land.
B.___M.J"~____Jtob___JiQbiT1~9_n-Z_wahr:, saying he was the one that
wrote the letter to the newspaper, said he was speaking in
behalf of the Seiler family. They have three graves in back
of the VFW Hall and they have always maintained them. He
\
224
said several years ago the headstones were broken in half
and Mr. Hilmer Sieler turned in a report and he never heard
anything back on it. Recently they were broken in half
again but he did not report it this time because he did not
get a report on his first complaint. He said it would be a
great help if the police would drive on the lot in back of
the VFW Hall and shine lights on the cemetery to deter the
kids from doing the damage.
C. Marvin C. Seiler said he was a direct descendants of
the family. He said they had discussed putting a fence
around the 1-1/2 acre cemetery property and have had it
surveyed and have a deed. He mentioned that two of his
nephews worked through NASA and he felt something should be
done about the vandalism. They are still discussing fencing
the property and repairing the tombstones. He said anything
the City could do would be appreciated and that he would
like to work with the City.
Mayor Sawyer assured these people that we would try to keep
an eye on these cemeteries. We have quite a few small
family cemeteries in the city.
Chief Agee said he did not feel he ever refused to go
himself or send someone to check on a report. He said
during this time frame two ladies did go to his office and
asked him to go with them to show him the damage. He said
he looked at it and there was damage and he did see the car
seat, sofa cushions and all that. Following that Sgt.
Starr and he went back down there to see if they could find
some footprints to lead them to one of the trailers. He
said that later on he did go down and knocked on several
doors in both trailer courts with no results. He assured
everyone that the police department would do their best in
their behalf.
#2 Discussion of a public hearing on a request by c.E.
Stone of 3521 Jack Hays Blvd. for a zoning change from
Neighborhood Services to Single Family Dwelling District.
Mayor Sawyer
recommending
hearings.
referred to a letter from Planning &
going ahead and setting dates for
Zoning
public
Mr. Sweatt located the property as being off FM
between Savannah Drive and Woodland Oaks immediately
Green Valley Road. The request is not for the
property but only for 4.4 acres.
3009
below
entire
Mr. Greenwald advised that Mr. Stone wants the Lot 1 to
enlarge his existing lot and then to sell Lot 2 to Charlene
Latz. His home is on the unplatted portion.
Mr. Sweatt said that both lots would have ingress/egress to
FM 3009. This item is just to set the public hearing for
July 21st.
j
#3 Discussion of a public hearing to receive citizen
comments on the proposed Pecan Drive Reinvestment Zone.
Mr. Sweatt reminded that Council would recall the Economic
Development Task Force met and make recommendations
regarding a request by Rex Bornmann for expansion of an
existing business. Under our tax abatement ordinance there
are a number of requirements, one of which is to establish a
reinvestment zone. The hearing notices have been set and we
expect, on July 21st, to hold a public hearing on creating a
reinvestment zone on Pecan Drive. At the public hearing you
will hear testimony for and against the reinvestment zone.
#4 Discussion of the final consideration of an
ordinance amending ordinance No. 92-T-2 providing for tax
abatement for existing businesses in the City of Schertz.
Mr. Sweatt said this ordinance was adopted on first reading
in response to a recommendation by the Economic Development
Task Force. The tax abatement program and policy provides
for abatement for certain kinds of capital investments.
However, the best economic development deals with existing
businesses. No special provisions had been made in the
initial tax abatement regulations for that. After
reviewing, it became apparent there was a need to add
additional incentive for local business growth. This
ordinance will add an additional 10% tax abatement program
to existing businesses in the City.
#5 Discussion of the first reading of an ordinance
establishing the Pecan Drive Reinvestment Zone.
Mr. Sweatt said this is placed on this agenda in
anticipation that after we hold the public hearing on the
21st of July, Council might be inclined to consider
establishing that reinvestment zonei and if you were, it
would be an action item.
#6 Discussion of the first reading of an
approving the tax abatement and a tax abatement
for and with Rex Bornmann.
ordinance
agreement
Mr. Sweatt said this item anticipates that we will
consummate by the 21st an agreement with Mr. Bornmann to
create a tax abatement agreement. A draft copy is included
in this packet. Capital investment solely would qualify the
proposed agreement for a 20% abatement based on the
increased capital investment. Then depending upon the final
action on existing business incentive, that could be another
10% or a total of 30% abatement for the increased value that
is being brought about as the proposed improvements. The
other items are rather standard.
~~
Mr.
event
there
virtue
Baldwin said that on the recapturing the taxes in
there is a default on the agreement, does this
will be no recapture of prior year taxes abated
of this agreement?
the
say
by
Mr. Sweatt said as long as he was in compliance with the
agreement, he would be entitled to the abatement. If for
any reason he defaulted in the agreement, he would lose the
abatement for the years or years that he was in default but
it would not go back and pick up the abatement in which he
was in compliance. It is our intent to encourage
development with the abatement program and as long as the
investment is there he is entitled to the abatement.
#7 Discussion of the requirement for security devices
in Convenience Stores.
Mr. Sweatt said he had furnished a revised copy of an
ordinance and have also furnished a draft of a resolution
and sets up an advisory board. This is quite a complex
issue and is an attempt to deal with certain security
requirements that would either discourage theft and provide
additional tools for law enforcement to deal with
perpetrator. Chief Agee has spent a lot of time and effort
researching some recent development in Florida in the
passage of a state-wide ordinance. We also have drafted the
resolution calling for an advisory board. An ordinance of
this type has not been done in the State of Texas. We bring
both as alternatives and ask Council to decide which
direction they wish to go.
Chief Agee advised he had attended a school on this subject
and after hearing studies done by some of the cities that
enacted ordinances, depending on the study would determine
which direction you might want to go. The Florida law gave
the cities the right to adopt an ordinance such as this.
The people who work in these stores are very high on all the
security they can get but in trying to adopt an ordinance,
Chief Agee felt sure we would get opposition from the
chains. It went all the way to the Supreme Court on the
Florida ordinance and the ordinance was upheld. He said
that interestingly, right after they put their ordinance
into effect, there seemed to be no decrease in robberies.
After they put in a new ordinance requiring two clerks into
their ordinance, the next year showed a 64% decrease in
armed robberies. Chief Agee said he did not feel this was
broad enough because we have more at risk businesses than
just convenience stores. Using the Florida definition of
convenience store, we would eliminate all be two of the
stores in our city. Chief Agee said his opinion of the law
in Florida is they are without teeth, and do not effect
enough businesses. He said his preference would be to start
out at a slower pace and set up the Advisory Board and try
to include fast-food restaurants and other businesses. We
should set up an aggressive crime prevention program that
would effect a lot more people. The loss of life is just as
important in a Mom/Pop organization as it is in a chain.
I
/
Mr. Sweatt said the roll of this board would
encouragement to go out and deal with all the
businesses to do they things they felt necessary.
be the
at-risk
Chief Agee advised that we have had three robberies in the
last three years. After Council discussion of ordinance
versus Advisory Board, Mrs. Marsh said that based on only
three robberies in the last three years and the flack
Council would receive from the Convenience Store owners, she
would favor the Advisory Board approach.
Council discussed, at length, the use of these cameras and
other security devices and the expense that would be
involved in the ordinance.
Mr. Baldwin said he would be in favor of the Board - that
this was a step in the right direction but to him it seemed
waiting until someone was killed was the wrong way to go.
Mr. Greenwald said the Board seemed to be the easiest
approach. He added that if with this route, we could not
get the people to cooperate, then we could go with the
stricter ordinance.
Mr. Spain said the city does have the right to establish
reasonable public health/public safety restrictions, even if
those restrictions mean the people would have to expend some
money. The key is that it has to be a reasonable
restriction. He said he felt the ordinance as drafted would
past muster under both State and Federal constitutions. He
said it is one thing to tell people who are building a new
business that they have to install these security measures;
but it is another to require somebody who is already in
business they are going to have to spend money to stay in
business. He added that Council does have to right to do
this.
Mayor Sawyer said he would favor the ordinance. As the City
grows, we are going to have more and more small businesses.
He said of course we could set up the Board and see what
type of cooperation we get - set it up for six months.
Council felt the Board should have at least one year to get
established.
After further discussion of the Board and ordinance, Mayor
Sawyer asked for concensus of Council.
Mrs. Marsh and Mrs. Stanhope were in favor of setting up
the Advisory Board.
Mr. Potempa, Mr. Baldwin and Mr. Greenwald favored the
ordinance.
228
#8 Discussion of a policy statement relating to
temporary funds transfers.
Mr. Sweatt said that in review with the audit committee, it
was recommended we do not have in place a policy from the
Mayor and Council dealing with temporary funds transfers
under the City budget. Quite frequently, from a cash flow
standpoint, it is necessary to move money from one fund to
another on a temporary basis. The best example is that in
the first part of the fiscal year when tax monies are not
coming in, we often look to the water fund to temporarily
cash flow some of the general fund operations. Generally
this transfer is less than ninety days and in no instant
would it go beyond the fiscal year. We propose a policy
statement from Council to authorize the City Manager to
transfer funds as needed between funds from time to time for
operating purposes on a temporary basis. The statement
would go on to say "Regardless of the fund, no restricted
monies set aside to comply with bond requirements will be
transferred. This authorization is limited to $125,000 per
fund and not to exceed $500,000 on a cumulative basis per
fiscal year per all funds. In no instance will the loan
extend beyond the current fiscal year. In those instances
where authorized dollar limits are anticipated to be
exceeded, the City Council will be notified and apprised of
the circumstances."
After discussion, Mayor Sawyer asked Council feelings on
this, which was suggested by the audit committee. Council
agreed to go with the policy.
#9 CITY
Regional meeting
asking all to
presented to TML
MANAGER'S REPORT: A. There will be a TML
August 7th at 6:30 in San Marcos. They are
attend and bring any resolutions to be
B. We have received notice of a town meeting on July 23rd
at 7:00 p.m. in New Braunfels from the S.A.F.E.
organization who are in opposition to the LaFarge operation.
C. With Mayor and Council agreement, Mr. Sweatt said he
would like to invite Stephanie Bilotta to attend the July
21st meeting to recognize her for her saving the life of a
child. We will also invite the child and her parents.
#10 ITEMS BY COUNCIL: Mrs. Marsh: A. She received
an inquiry from a citizen asking if painting the fire plugs
was on work order. Mr. Sweatt said he had been approached
for some work programs and this would be a good project for
them.
B. Advised that the first count of the 4th of July money
looks real good. One item that will need to be discussed
concerning the next year's celebration is that the 4th falls
on a Sunday - do we celebrate on Sunday or not.
-~
r- ~.~
. .
- ,~. ;.." ,. . l
C. She said she had a very good tape of the parade and
opening ceremonies, thanks to Mr. Greenwald.
Mr. Potempa: A. He had an inquiry about the capitol
recovery fees for a water meter in Mobile Villa.
Mr. Sweatt said he had just received a request for a waver
of the fee. He added that it will be his recommendation
that he cannot find any way this could be waived. He said
he understood there might be a hardship and we have offered
a long term payout.
Mrs. Stanhope: A. Suggested that if there is anything we
can do to relieve what is being done at the cemeteries, we
should do it. This is not just a problem of the small
cemeteries.
B. What are we, as a City, doing about gang education? She
said she had calls about three different areas. There are
reports that children are walking the streets at 2:00 and
3:00 in the morning.
Mr. Greenwald reminded Council that there have been at
least two gang awareness programs presented in Schertz.
Mr. Sweatt said we have had some gang graffiti and
congregating and the police are in a responsive
However, if the kids are on private property with
permission, there is little we can do about it.
Juvenile Probation people are working with us on this.
kids
mode.
owners
The
Mrs.
curfew.
enforce.
Stanhope said it was suggested we consider a youth
Attorney Spain said this could be very expensive to
Mr. Sweatt agreed, saying that if it takes one hour to
process a violator, that is one hour the officer is off the
street. When Mr. Potempa suggested using the Reserve
Officers for this, Mr. Sweatt replied that we use them
where we can but not too many want to volunteer during the
early hours of the morning.
Mr. Spain said he would check with San Antonio to see what
work they did prior to instituting the curfew ordinance.
Mr. Greenwald praised the 4th of July fireworks display and
the parade, saying they were both fantastic.
#11
write to
there is
crossings.
ITEMS BY MAYOR: A. Suggested the City Manager
the Southern Pacific Railroad letting them know
a large hole at both the FM 78 and FM 3009
B. He again publicly thanked the Boy Scouts of Troop 21 who
helped set up the tables the evening of July 3rd. He said
he treated them all to an evening in the pool.
.0 C) (.~
~ ~J: ,]
#12 ADJOURNMENT: There being no further business, the
meeting was adjourned at 9:28 p.m. by Mayor Swyer.
I
ATTEST:
I
I
I
)