ccswks 07-12-1989
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SPECIAL SESSION OF THE CITY COUNCIL
JULY 12, 1989
The Schertz City Council convened in Special Workshop Session,
Wednesday, July 12, 1989, 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;
Earl P. Hartzog; Hal Baldwin; Barbara Stanhope; Mary Marsh and
Ken Greenwald. Staff present were City Manaqer Kerry R. Sweatt
and City Secretary June G. Krause.
# 1 HEARING OF RESIDENTS: None
12 Discussion of an ordinance amending the Zonino Ordinance
to establish guidelines for regulatino adult-oriented business.
Mr. Greenwald stated that Planning & Zoninq members had extracted
portions from several active ordinances from other entities that
have been court tested and applied that portion to this
ordinance. He added that in line with recent court cases, it
would behoove the Council to seriously consider passage of a
similar ordinance.
Mrs. Marsh said that in readinq over the ordinance, she wondered
if this is enouqh and is it efficient. She also suqgested that
it miqht be followed up later in the area of 1 icensinq. Mrs.
Marsh said that althouqh we have not had any problems, we should
be more concerned about this subject than we are riqht now.
Mayor Sawyer agreed that Council should look into licensing.
Mr. Greenwald reminded Council that this particular ordinance
deal s str ictl y with zoning issues and P&Z wlll follow up with
licensing.
Mr. Sweatt said that he would also look into requlating and
licensinq outside our city limits in the ETJ.
Mr. Hartzog asked what impact this ordinance would have on stores
that sell "Playboy" and "Hustler" maqazines.
Mr. Sweatt answered that it does not have any impact on them as
magazines are not that explicit.
Mr. Hartzog said he was aware that the City has one business in
the city that this ordinance will effect and asked what impact it
would have on that business.
Mr. Sweatt said that that is not their primary business and they
do not advertise. They have an area set aside and would very
likely meet any licensinq or permit we would require. He added
that at the very most, we would have to look at a non-conforming
use. Mr. Sweatt said that in his opinion, the renting of adult
films is a very small part of that business and would not apply.
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Mr. Hartzoq said that it is his opinion that this video store
runs a very clean operation and does not advertise that area. He
said he interpreted this ordinance as saying that after three
years, we would close him down.
Mr. Sweatt said he did not think it the intent to close those
places down.
Mr. Greenwald said he felt Council should press for control as
far as zoninq is concerned and then press on with the other
aspects.
Mr. Hartzog said he just wanted to be assured that we are not
goinq to be closing this store in three years.
Mr. Sweatt said that the most stringent set of circumstances
would be in three years from now this ordinance provided that
that applied and the business be closed down. One of the
responsibilities of the Board of Adjustments is to consider
applications and determine if that would be non conforming.
Sandra from Jim's V ideo said she was present to see about the
zoning since they were near a residential area. She added that
their store is very strict about the adult films.
'3 Discussion of an ordinance ~ndinq the Zoninq Ordinance
to clarify a chanqe to a setback requir~nt.
Mr. Sweatt advised that Planning & Zoning Commission intends on
some modification or by policy, that Council become aware of
what the intent is in dealing with Board of Adjustment matters.
In all areas, not just set back requests, the Board of Adjustment
would be empowered to grant exceptions to the zoning ordinance.
Mr. Greenwald said it has been the Council's policy over the
years to ask P&Z to at least look at the problem and qive
Council recommendations. All this ordinance is doing is puttinq
it in the written word.
Mrs. Marsh said she liked the part in paragraph 2.2.2
subparagraph 5 where it says "if any" of the followinq conditions
are met. She advised that Planninq & Zoninq has had problems in
the past where it said "if all" the conditions.
Mr. Sweatt said what he felt would be appropriate is to adopt
this ordinance if Council felt it appropriate. He then further
suggested continuinq the process by which any application for a
Special Exception that goes to the Board of Adjustment is first
reviewed, perhaps on an informal basis, by the Planning & Zoninq
Commission.
Mr. Greenwald said this has been done for years but it needs to
be in the ordinance.
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'4 Discussion of an ordinance amendinq the Zoninq Ordinance
to clarify non-conforming use and chanqe in ownership or tenant.
Mr. Sweatt said this is to formally establish that a non-
conforming use does not transfer with the sale. From an
enforcement standpoint, it has never been a serious problem. The
real question is for those who do not come forward and apply for
that non-conforming status and then sell. This answers the
question at what point the test is made. This ordinance proposes
to clarify that - that a non-conforming status applies to the
owner of the property and does not qo with a sale.
Mayor Sawyer asked that this item be on the next agenda.
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11 Non
injury.
Discussion of an ordinance amending the Code, Section 2-
liability in claims for property damage or personal
Mr. Sweatt explained that the City has had on the books for some
time an ordinance for claims aqainst the City for 1 iabil i ty or
injury. Based on Court action, TML and our leqal advisors have
made some minor chanqes.
Mayor Sawyer asked that this item be on the next agenda.
'6 Discussion of appointment of Melick, Armstrong &
Vaughan, P.C. as representatives to examine accountinQ matters of
specific Franchise holders.
Mr. Sweatt advised that the accounting firm of Melick, Armstronq
and Vaughan has proposed to our city, and other cities in the
area, franchise review services. We share a number of accounts
with other cities. While we have no reason to believe that there
are errors in the accounts, the possibility exists because of
boundary changes, sharing of zip codes, post office addresses.
Under the terms of the agreement, the firm would receive 30% of
recoverable fees - these are in the past.
Mr. Greenwald asked how far back they would go. Mr. Sweatt said
he believed three to five years. If a trend is found or a
glaring error was found, they would go back to the statute of
limitations.
Mrs. Stanhope asked if this was a normal percentaqe. Mr. Sweatt
said this is somewhat of a new service and he felt it a
reasonable percentaqe.
Mr. Baldwin said he had dealt with two companies that went back
through the accounts and most of them want a SO/SO split.
Mr. Hartzog questioned the firm's thoroughness, especially since
we are about the only one in the Guadalupe Valley Electric
Cooperative service area. Mr. Hartzog added that he had listened
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to the presentation the firm qave USC and he thouqht it a qood
program.
Mary Marsh posed the problem that if they find a substantial
amount of money owed the City but have a problem collectinq it,
does the firm wait for their money. Mr. Sweatt said his
understanding is that it applies only to recoverable dollars.
Mr. Baldwin suqqested that be clarified in the aqreement.
'7
to make
Program.
Consider and take action on authorizinG the City ManaGer
application for an Econo~c Develo~nt Internship
Mr. Sweatt said the University of Texas of San Antonio is
sponsoring an Economic Development Program that has proposed
furnishinq interns for as many as eiqht eliqible entities. The
proqram objective is to provide technical assistance to students
involved in the field of public administration or City planning
to economically distressed rural areas. We propose to applY for
an intern program to provide assistance as a liaison, information
qatherer and researcher for the Economic Development Task Force.
Mayor Sawyer said the last time we had interns, he was very
impressed with the program and he would like to qo with this
program.
Mrs. Stanhope moved to authorize the City Manaqer to make
application for an Economic Development Internship Program to the
extent of $500, with the money cominq from the Economic
Development Task Force funds. Mrs. Marsh seconded the motion,
which carried with the followinq vote:
AYES: Councilmembers Hartzog, Baldwin, Stanhope, Marsh and
Greenwald.
NAYS: None
Mr. Sweatt said we would be submitting the application within the
next few days.
'8 Discussion of selection of independent audit services
for Fiscal Year endinG Septeaber 30, 1989.
Mayor Sawyer reminded Council that in their packet they had a
letter, from the Audit Committee .and Staff, recommendinq Melick,
Armstrong and Vauqhan.
Mrs. Marsh said she did not wish to cast any kind of dispersion
on this firm at all; but we have had them for more than three
years and it is always qood policy to every now and then switch
auditors. She said she had read the letter recommending them
several times, which lists their duties. She felt that Mr.
Sweatt should quite emphatically let them know that any anomalies
should be brought forward to the City Manager and the Council.
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She mentioned that she was present at the last audit presentation
and it was a sad state of affairs. We are not in such fantastic
shape as one would be led to believe; however this was not put
forth in the previous report.
Mr. Baldwin said he shared her concern and was shocked last year.
He said he serves on the audit commit~ee and one of the thinqs he
stressed when talkinq to the auditors was that there would not be
any more surprises. He said they talked about several ways of
presenting the financial reports and have devised some forms to
be used for this purpose. The forms are not final ized at this
time and it may take some fine tuning of our computer system but
they are working on that now.
Mrs. Marsh reiterated that at her first meetinq as a Councilwoman
she pointed out that she was interested in the City's status, so
that Council could really keep track of it.
Mayor Sawyer advised that at the first Audit Committee meetinq,
they were told very bl untl y that the Council did not want any
more surprises. The council wanted to know the status of the
City. He said they were swayed by Mr. Sweatt, who said he needs
to stay with the audit firm for just one more year. He said he
felt the new suqgestions that were made will allow the Council to
know what is going on.
Mr. Hartzog said the firm sends a different person every year and
they have different styles and things they look at. He added
that the Audit Committee now gives them different things to look
at also.
Mrs. Marsh asked if it was wise to have the new person with the
firm do the audit. Mr. Sweatt said he was not sure who would be
doing the audit this year.
Mrs. Stanhope asked how the City went about selecting a firm.
Mr. Sweatt said the City would send out requests for proposals,
then bring the people in and Council would interview them.
'9 Discussion of Oak Forest Drainage Report.
Mr. Sweatt said he would like to synopsize the report then Dale
Stein of the Department of Hiqhways & Publ ic Transportation or
Steve Simonson could add their comments or answer questions.
He said the subdivision was started in 1967 and the lots were
sold by metes and bounds, with the subdivision being outside the
city limits. The first ingress/eqress was developed usinq Circle
Oak at FM 3009, the existing structure and design was approved
only by the County. This existing facility met little or no
current drainage sizinq criteria and was made up of 4 twelve inch
culverts.
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He went on to say this area was annexed in 1971. When the latter
phase of this subdivision was proposed, research indicates that
agreement with Mr. Simmons was that if improvements were made by
the developer to the drainage structures at Crest Oak so that
additional ingress and egress could be achieved, the City would
assume responsibility for drainage upsizing of the facilities at
Circle Oak. In 1978 Crest Oak and the apparent less than
standard drainage structure was constructed by the developer. As
late as 1983 letters aCknowledging City intent to reconstruct
improvements at Circle Oak were made to the developer.
Mr. Sweatt said that in 1987, as a result of proposed development
of property on the West side of Jack Hays Boulevard, the State
Department of Hiqhways agreed to participate with the developer
in movinq a small drainage structure under Jack Hays Boulevard
further south from its location and to enlarge the structure to a
100 year storm design. The enlarqement agreement was, however,
contingent on the City agreeing to place a new structure at Crest
Oak to accept this expanded storm water capabilities as proposed
by the developer Barshop Properties. This revision was
necessary because Crest Oak would act as a dam if the other
improvements were made and no improvement was made to Crest Oak.
After reviewing the engineerinq recommendations we have three
alternatives for Circle Oak work: (1) a design criteria of a 10
year storm frequency, could be accomplished by a multiple box
culvert at estimated cost of $31,000; or (2) a 25 year frequency
design, which would necessitate a flat slab bridge construction
as well as substantial channel excavation estimated cost
$48,121; or (3) a 100 year design would require a major bridqe,
or massive multiple box culverts, additional right of way and
substantial channel excavation, estimated cost exclusive of right
of way is $168,000.
Mr. Sweatt recommended acceptance of the multiple
project, based on a 10 year storm design frequency,
Hiqhway Department aqrees to payment of full cost.
this will meet our obligations to the property owners.
box culvert
provided the
We believe
Mrs. Marsh said this proposal is about a mill ion times better
than the ones she heard previously. She asked Mr. Stein how high
the elevation at FM 3009 at Circle Oak would be that it is now.
Mr. Stein showed strip maps explaining the three proposals of
the 100 year frequency, 25 year frequency storm and the 10 year
frequency storm.
Mr. Marsh asked aqain how hiqh will FM 3009 be - you are taking
10 feet out of the easement for FM 3009 - how many feet do you
have to have right there at Circle Oak.
Mr. Stein said the only thing they would need is just the 10 foot
for the channel. He said they would not need any additional for
the five lane FM 3009, just for the channel. Mr. Stein said FM
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3009 would be approximately two foot higher and go to zero at
the easement line. Mr. Stein said if they build the 10 year
frequency structure, with the six boxes, it will pass the 10 year
underneath and at the 25 year frequency, you will have
approximatelY 10 inches of water over the roadway.
Mr. Richburg asked about the other side of FM 3009. Mr. Stein
said that is another problem and there is nothing they can do
about that but keep the water flowing more efficiently. He said
there is no way they can keep the water in the r iqht of way
without filling up private property, which they can not leqally
do.
Mr. Sweatt said what he was recommendinq is that Council endorse
and adopt this 10 year storm design; but that we place this
matter on the City Council on the action agenda next Tuesday. He
said we would ask the property owners to be present at this
meeting.
Mr. Hartzoq asked Mr. Stein if Council could qet some of the
similar type drawings of what is qoinq to happen on the other
side of FM 3009 to give Council an idea of what they are up
against. Mr. Stein said they are still quite a way from the
actual desiqn. He said they were lookinq at 18 to 24 months just
to acquire the right of way. He said they do have a cross
section of the whole roadway and can qet that to Ford
Engineering, Steve and Mr. Sweatt to show what they are looking
at.
'10 Discussion of soliciting bids regarding Economic
Development Task Force brochure.
Mr. Sweatt advised that he is soliciting bids on options of
3,000, 5,000 and 10,000 brochures. He said he wanted Council to
be aware of going out for bids and to see if Council had any
ideas. We suqqested the options so that we can look at prices to
see what we can afford.
Mayor Sawyer said he thouqht they should qo out for bids on these
brochures. Council had no suqqestions to add.
'11 Discussion of budget filing and workshop dates.
Mr. Sweatt advised that, under the terms of the charter, this
date was the deadline for Department Heads to file their
proposals. He said he would like to propose to Council that he
file on July 31, 1989, a recommended draft of the budqet with the
City Secretary. Addinq that that would comply with the Charter.
On Auqust 1st, he would submit copies to Council.
After discussing different dates with Council, it was decided
that the budqet workshops would be held on August 8, 16 and 22nd.
Mr. Sweatt also sugqested a retreat or qoal-setting meeting for
the month of September, after budget passaqe. However these
dates do not have to be finalized at this time.
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Mayor Sawyer just reminded Council that he would like for the
whole Council to be present at all budget meetings.
*12 CITY HARAGER'S REPORT: A. Mr. Sweatt announced that
the Lone Oak Crime Watch is planning a neighborhood block party
for August 8th and wish to close Roundtree Drive from 8: 00 to
9:30 p.m.. They have made propert arrangement with all
departments.
B. BVYA Softball Tournament has been scheduled for July 21st.
We will have a number of City personnel involved, including
SAFES, police and street department.
*13 ITEMS BY COUNCIL: Mrs. Marsh: A. She felt all would
like to thank Jim Shriver and the Business Club for the fantastic
job they did on the July 4th Celebration.
Mr. Baldwin mentioned Randolph moving the fireworks display to
this end of the runways, and it could be seen from most anywhere
in Schertz. Mr. Baldwin also said that we need to make sure that
the San Antonio newspaper advertise our festival in the future.
B. Received a call from a lady that was talking about the swim
team, who won a first place in Camelot meet. She said the
instructors are paying for everything that goes with the meet and
she felt the Swim Team needs a sponsor. Mrs. Marsh said that as
much as we need youth proqrams in our city, perhaps the Council
should consider this.
Mr. Sweatt advised that we have an unofficial team. Because of
the official requirements and cash sponsorship, we do not have a
fully funded swim team. Our personnel are involved with
instruction and have made arrangements for meets and the team
has done well.
Mr. Simonson said he had a request from Mr. Little, Pool Manager,
that we host the next meet at our pool later this month.
Mr. Sweatt said he felt this would be a worthwhile program.
Mayor Sawyer asked for some cost figures on this, including what
facilities cost would be. He felt it a good idea; but any
substantial outlay of cash must be a budgeted item.
Mrs. Marsh said
business concerns
she would take on
her on it.
she was wondering about the possibility of
sponsoring the swim team this summer. She said
this project and asked Mr. Shriver to work with
Mrs. StanhoDe: A. Reminded Council of the Jamboree at the
V.F.W. Hall Sunday from 3:00 to 7:00 p.m., saying they have a lot
of additional thinqs for the raffle this year, courtesy of the
Humane Society.
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B. She advised that the Humane Society and all the people that
worked in the heat want to thank Mr. Shriver for the tarp that
provided them with shade.
Mr. Greenwald: A. Suaaested the City aet copies of two Senate
Bills - 1511 and 1517. One on prosecuting waste dumpinq and the
other on recyclinq.
B. P&Z recommends Jim Shriver be appointed to fill the vacancy
on their commission. He said that out of 8 or 9 people that had
applied, only 2 showed up for interviews.
#14 ITEMS BY MAYOR: Mayor Sawyer asked if the tombstone
type siqn had been removed from the Animal Shelter and was told
it had been removed.
#15 ADJOURNMENT: There beinq no further business, Mayor
Sawyer declared the meetinq to be adjourned at 9:00 p.m..
ATTEST:
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