ccswks 07-29-1992
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SPECIAL MEETING OF THE CITY COUNCIL
JUL Y 2 9, 1992
The Schertz City Council convened in Special Workshop
Session, Wednesday, July 29, 1992 at 7:00 p.m. in the
Conference Room of the Municipal Complex, 1400 Schertz
Parkway, Schertz, Texas. The following members were
present: Earl W. Sawyer, presiding; Joe Potempa; Hal
Baldwin; Barbara Stanhope; Mary Marsh and Ken Greenwald.
Staff present were City Manager Kerry Sweatt and City
Secretary June Krause.
#1 HEARING OF RESIDENTS: Mr. Bill Neller mentioned
that he would have the flags up on Main Street August 14th
for VJ Day to honor all the men and women who served in the
Pacific Area during World War II.
Mrs. Moody, representing the Texas Bluebonnet Square
Dancers, advised they have been reserving the Community
Center since it was built - they were originally called the
Dancing Bears. They are a small group with members from
Live Oak, Universal City, Cibolo, Schertz and often have
visitors from New Braunfels and Austin. They have 24
dues-paying members, who pay $7.50 a month per member. She
said at the present time, they are barely able to pay the
$20 a week; but have paid through the end of the year. She
said that now that the price would be going up to $70, they
could not continue. They would just have to disband. She
said they begged Council to come up with some way so that
they would not have to pay the higher fee.
Mr. Jordan, who is also a member of the group, said he
lives in Schertz and primarily bought here because of the
use of the Community Center for their weekly meetings. He
did not feel the price should be based on paying expenses;
but set up where people would maybe just pay the utilities.
Mr. Sweatt advised that we did attempt to set rates to pay
for the cost of operating the facility. We felt the cost
should be borne by those using it, not by those who don't.
Mayor Sawyer suggested grandfathering these folks who have
been there since the beginning. He asked for and received a
consensus from Council to allow them to continue paying the
same fee as they had been paying.
C. Mr. Willman asked the status of the Tax Increment
Financing for Schertz Parkway.
Mr. Sweatt advised this is in a holding pattern until we
get all the items in the plan. We had approved this
conceptionally but it needs a little more work.
#2 Discussion, with property owners from Northcliffe
Subdivision, regarding disannexation request.
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Mr. Sweatt referred to the request and advised that the
applicants. Mr. & Mrs. Meadows and Mr. & Mrs. Minenna.
were present to discuss their request for disannexaton. He
added that since the letters were received and answered by
him, he has had personal discussion with these citizens.
Mr. Sweatt then pointed out on the map the location of the
two lots that are inside the city and the one that is
partially outside the city limits. He said that this area
was annexed along with the frontage along I-35. Mr. Sweatt
referred to the disannexation in this area that took place
in 1988, saying that was done to realign boundaries, at the
request of property owners because a portion of each lot was
outside the city limits.
Mr. Baldwin said Council was going back over ground that
was discussed at great length in the past. He stated that
there is no reason for these lots to be in the city limits.
He felt the whole area should be disannexed until such time
as all of Northcliffe is annexed into the city.
Mr. Meadows related his experience a year ago in trying to
determine if his lot was inside the city limits. First he
was told it was not and then several months later he
received a delinquent tax statement from the City. He said
he paid that statement but still, in his opinion, did not
have any city services. He added that starting June 1st of
this year, they started getting excellent police service
from the City but that is the only service he gets.
Mr. Potempa said if we are not providing services, then
they should be disannexed.
Mrs. Marsh advised that we are providing fire, police,
garbage and ambulance services; but she did agree with Mr.
Baldwin they should be disannexed until the entire area is
annexed into the City.
Mrs. Stanhope and Mr. Greenwald agreed that they should be
disannexed.
Mayor Sawyer advised that the City Manager
instructed to disannex the entire area, with the
of the I-35 frontage.
would be
exception
#3 Discussion of final consideration of an
establishing the Pecan Drive Reinvestment Zone.
ordinance
Mayor Sawyer said the public hearing has been held and
first reading of the ordinance was approved. Since
was no further discussion by Council, Mayor Sawyer
that this item be on the next action agenda.
the
there
asked
#4 Discussion of final consideration of an
approving the Tax Abatement and a Tax Abatement
for and with Rex Bornmann.
ordinance
Agreement
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There being no further discussion on this item, Mayor Sawyer
asked that it be on the next action agenda.
#5 Discussion of final consideration
amending the zoning ordinance by rezoning a
land from Neighborhood Services to R-l
Dwelling District.
of an ordinance
certain tract of
Single Family
There was also no discussion desired for this item and it
was to be on the next action agenda.
#6 Discussion of final consideration of an ordinance
amending the Code to require installation in Convenience
Stores of security devices.
Mr. Sweatt reminded Council this item was on the agenda to
consider the second reading and vote at the next action
meeting. This was placed before Council after substantial
discussion with the police service and code enforcement. He
added that the meat of the ordinance is Section 10 95.2,
which stipulates that each convenience store within the City
of Schertz shall be equipped with the following security
devices:
1. an operating security camera system.
2. an operating silent alarm system.
3. a drop safe or cash management device providing a safe
with limited access.
4. a conspicuously posted sign in the convenience store
entrance stating that the cash register contains $50 or
less.
5. an illuminated parking lot.
6. readily visible height markers at the entrance of the
convenience store displaying height measurements from the
floor.
7. a cash management policy,
8. windows clear of tint or signage to provide an
unobstructed view of the cash register and transaction area
of the convenience store.
Mr. Sweatt said he has since the first reading of the
ordinance had discussions with some representatives. A
productive meeting the previous day with representatives of
Pay Less, in which they advised us they were very pleased to
support the ordinance and felt this a very substantial step
forward in our efforts to bring more security to convenience
stores. He defined the meaning of "convenience store" as
any place of business that is primarily engaged in the
retail sale of groceries, gasoline and services that is
regularly open for business at any time between the hours of
11:00 p.m. and 6:00 a.m. - this does not affect those
others that operate outside those business hours.
Mr. Charles Lander, representing Lone Star Ice and Food
Stores, said they were concerned about the safety of their
employees and the increase in the crime rate; but they did
not feel the ordinance was going to help. He said they had
a store that had most of the security measures in this
ordinance and three men went into the store and shot and
killed one man and seriously injured another. He said those
measures did not stop these men. He added that the
Sheriff's Department caught the one that pulled the pistol
in less than a week; but he did not care and this kind of
ordinance would not stop that. He said what is really
needed is more enforcement on the criminal justice side.
This ordinance will just be more costly for the stores. He
also said the cameras they have, which are reasonably good
cameras, cost between $1700 and $2000, not the $800 as
stated in the paper. The placement of safes in all
convenience stores is not realistic, according to Mr.
Lander, as they cost about $3,000. He ended by saying he
felt this ordinance would be arbitrary and unreasonable
burden on convenience stores and it places the burden of
policing the community on small businesses rather than where
it belongs in the police department.
Mr. Sweatt agreed that there are some people that would not
be deterred for any reason.
Mr. Shepherd, a property owner in Schertz, said he had
owned the site of one convenience store in Schertz for
twenty years and he is interested in crime. He said his
store had never been robbed - he asked when the last robbery
occurred in Schertz and how many in the last eighteen
months.
Mr. Sweatt said
previouslY and we
years.
the last one occurred about
have had about three in the
one month
last two
Mr. Shepherd said it concerned him that the ordinance only
selected the stores that are open between 11:00 p.m and 6:00
a.m. He said he realizes a lot a crimes are committed
between these hours but this says that just because he is
open a few more hours that the next one he has to spend
about $6,000 to do all these things. He said a lot of these
stores do not make even half that much money in a year. He
felt that the majority of the stores in the city would close
because they could not afford the expense.
Mr. John McPherson of Diamond Shamrock said they are safety
conscious. He said they have all of these eight measures
that are proposed but he could understand where the small
businessman could have a hardship with some of these. He
said they have two cameras in their stores and the thing
they might have a little problem with is the Robbery
Prevention Program and giving the employees only seven days
to complete that training. He said they would not put a new
employee, working for them less that thirty days, by
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themselves in a store. He Said the Texas Alcoholic Beverage
Commission gives them thirty days in which to send their
employees to a TABC seller's school. He felt they would
need about thirty days to comply with that stipulation in
the ordinance.
Mr. Jeff Pollard, with Johnson Oil Company who has the
chain of Tiger Tote stores, said they have been in business
since 1988 and have never experienced any act of violence
against any customer or any employee in any store. He
wanted to commend the Council on their efforts to increase
the security in convenience stores. He felt Council might
have been misgUided on some of the measures - such as silent
alarms, they would not be a deterrent and could increase the
violence. He said they were also concerned about the
requirement of the safety cameras as they had never had an
act of violence. The cost of this would be more than their
profits for the entire year for those time frames and if
passed, they would have to close down. They also have
seminars of training for their employees on how to handle
instances of avoiding conflict, they do have a drop safe and
have lighting in the parking lot. He did not feel this
ordinance would do a lot to cut down on crime.
John Orbanick, District Manager for Stop 'N Go, felt that it
was wrong to pin point convenience stores because there are
acts of violence in others such as fast food stores. He
said they do have a lot of the things - they have drop
safes, the height marker, they have safety training of two
days which stresses passive resistance. He added that they
have started putting cameras in their stores and they cost
about $3,000. The cost of camera systems and silent alarm
systems could cause a lot of stores to have to close.
Answering questions of Council, Mr. Orbanick said they have
about 144 stores in the area and have now installed about 25
to 30 cameras.
Mrs. Marsh said she felt Council should further discuss
this with regard to the comments heard this evening. She
reminded Council that she was one of the two dissenters
against this ordinance when it was first discussed. She
said her prime reason was based on passed experience - that
being only three robberies in the past two years. She
called attention to two instances on TV where cameras picked
up on robberies; but she is still concerned about the
expense to small business operators. She said she
definitely is for security measures, but she still favors
the recommendation of the Chief of Police, which was for the
AdVisory Council.
Mrs. Stanhope said she had supported Mrs. Marsh on the
Advisory Council as a better way to start. She said her
concern if she was an owner is that she would put more than
$5,000 or $6,000 on a life. Yet she had heard from all the
gentlemen that the things that they had been briefed on to
protect these lives are not necessarily protection. She
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felt Council should look at population growth, how many more
stores would come into the area and the factions that will
come in with population growth.
Mr. Potempa said he agreed that law enforcement needs to be
revised on the criminal justice side but it is not in the
hands of the Council to do that. As for as the silent
alarm, a person might panic and cause extra violence; but
as for cameras, they could save a life and one life would be
worth the cost.
Mr. Baldwin said he thought we had accomplished one purpose
that being to get all the representatives to corne forward
and discuss it. He said he now had a little confidence that
at least three or four of the stores have employee interest
at heart and are already implementing these procedures. He
said he was glad to hear that because the whole purpose, as
far as he was concerned, was that the ordinance did not have
anything to do with the owners or their profits but the
employees and the safety of the people that go into their
stores. To him it seems a store that does not make more
than $5,000 a year between these hours, maybe should not
stay open during those hours. He said he felt the cameras
were not so much as a deterrent but they catch killers and
that is more important than $5,000. Mr. Baldwin said there
are some other stores that have come to his attention that
may stay open just over the 11:00 p.m time that should be
considered.
Mr. Greenwald said that speaking of Lone Star's concern of
the ills of our society, unfortunately we cannot legislate
all of them. He said the cameras were not a sole deterrent.
We have a small police department and the cameras are
primarily to apprehend. As for the worth of the camera. he
felt it is well worth the cost to catch criminals.
After discussion, Mayor Sawyer asked if Council wanted to
look at this ordinance again.
Mrs. Marsh
action. She
taking into
commented on.
said we had just seen an advisory council in
wanted to take another look at this ordinance,
consideration everything these gentlemen had
Mr. Sweatt suggested he would like to see in writing any
recommendation or thoughts each of these gentlemen might
have.
Mayor Sawyer advised that this ordinance will be
back at the next workshop for further study.
thanked each of the gentlemen for coming.
brought
He then
#7 CITY MANAGER'S REPORT: A. He reminded everyone of
the upcoming TML Annual Conference in Houston on October 7th
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B. There will be a Regional TML meeting in San Marcos on
August 7th and we need to make reservations soon.
C. We have received some bad news from the Appraisal
District. Our Certified Tax Roll has been certified to us
in the amount of $253,000,000, which represents
approximatelY a $14,000,000 drop from the previous year.
For budget purposes, there is a portion under protest but we
are still looking at a 4.4% decrease from last year. That
is equivalent of 1.8 to 2 cents in the tax rate itself. On
that basis and under the Charter, the budget recommendations
will be filed with the City Secretary on August 1st. Our
suggested public hearing dates are September 8th and 15th.
He then asked if council would agree to the budget meetings
dates of August 4th, 12th, 18th and 26th our regular
meeting dates in August. We would still have available to
continue to work on the budget September 1st and the 9th if
they were needed. On that kind of schedule, the public
hearing on the tax rate would be held on the 8th of
September and the budget hearing on September 15th. This
would provide for September 15th for adoption of budget.
D. You will be seeing a cooperative venture between our
city and Universal City on the low water crossing. We have
not been able to satisfactorily resolve the question of
adequate storage lanes to make a left-turn lane onto FM 1518
off of that area. We are going to talk to the Highway
Department about changing some radiuses there to accomplish
the same thing.
E. The newsletter has come out and it almost scooped us but
we wanted to tell you tonight that Mrs. Ann Vick has been
selected as this month's Star of the Month.
#8 ITEMS BY COUNCIL: Mrs. Marsh A. The Economic
Development Task Force met on July 16th and talked about the
Tax Abatement, the Business Appreciation Dinner which will
be on September 17 and we will ask Helen Dutmer if she will
be the guest speaker. They discussed some changes to that
dinner. They had a long briefing and discussion regarding
some very, very good prospects, which hopefully some of them
will bear fruit.
B. The Business Association met the previous day. Mr.
Baldwin gave the city update, mentioning the budget sessions
were going to start and asking everyone to attend those.
They discussed the 4th of July and will meet the next week
to have the after-action report and start planning for next
year. Also the By-laws will be discussed. Had a very low
attendance and will have a new-member drive, asking everyone
to bring a new member to the next meeting. Their financial
report revealed they did make money on the 4th of July but
don't have exact figures as yet. They had a guest speaker,
Larry Anders from Universal City police Department. He
talked on D.A.R.E. (Drug Abuse Resistance Education). His
talk was very good and she felt he would be very good to
speak to the Council some time.
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l'1L,._~Q.:t~~IllQ~ - A. At last workshop Mrs. Stanhope brought
up about a teen curfew, he asked if the city Attorney had
received copies of San Antonio's ordinance. Mr. Sweatt
said the attorney has been out of town. Mr. Potempa
referred to an incident in the park the previous evening
where shots were fired but no one was hit, saying something
had to be done.
B. He referred to the letters sent out by the City on
cutting trees. He said he goes along with that; but also
the City has a problem with a tree right in front of the
building that has limbs hanging too low.
l1r~.__ StaI1hope - A. Said she met an interesting gentleman
at the Conference who is on the Council in Seguin. They
talked about curfews and he had worked with their attorney
for about six months on an ordinance - we could get copy of
that.
B. Mrs. Stanhope then went over some of the seminars she
attended at the conference; the Legislative Overview being
the first. She had material on the Teen Court, giving some
statistics on its success. Some of the other topics of
interest were the Americans with Disabilities policies, the
new Open Records Act, crime prevention and refuse derived
fuel. It was a very interesting conference.
Mr. Baldwin agreed that the seminars at the conference were
excellent.
Mr. Greenwalg urged everyone that could to attend each of
the MPO meetings because if we don't attend, we can forget
any money for road repair or replacement. He added that one
of the things Council needs to keep in mind is the breaking
the MPO up into a county.
#9 ITEMS BY MAYOR: A. Reported on the BVYA banquet
and tournament, saying there were 150 at the banquet.
B. He had received a letter from Annie Almond saying she
had talked with a gentleman who invited us to send our float
to Lake Dallas in November. She had talked with one of our
employees who would be willing to take the float up there at
no expense.
Mr. Sweatt mentioned that we have no insurance on the float
but did feel our TML insurance would cover the truck up to
100 miles. He would check on that.
Mrs. Marsh felt it was a good way to advertise our city.
Council felt the need to check on the insurance first but if
that was okay, they were in favor of taking the float up
there.
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C. He referred to the previous meeting where the people
carne to talk about the cemeteries and damage. He wonder if
we could talk to Mr. DeKunder to look into getting a
Historical marker for the cemeteries. Mr. Baldwin agreed
to talk with Mr. DeKunder.
#10 ADJOURNMENTj
meeting was declared
Sawyer.
There being no further business, the
adjourned at 9:09 p.m. by Mayor
ATTEST: