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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 )