9-17-2013 TSAC Special Joint MinutesTransportation Safety Advisory Commission
Special Jaint Meeting Minutes
Tuesday, September 17, 2013
A Special Jaint Meeting was held by the Schertz City Cauncil, and the Transportation Safety
Advisory Commission of the City of Schertz, Texas on Tuesday, September 17, 2013, at 5:00 p.m.,
in the Hal Baldwin Municipal Complex Council Chambers, 1400 Schertz Parkway, Building #4,
Schertz, Texas. The following members present to-wit:
City Council Members present:
Mayor Michael R. Carpenter
Councilmember David Scagliola
Councilmember Cedric Edwards
Mayor Pro-Tem Jim Fowler
Councilmember George Anh~na
Councilmember Sydney Verinder
Transportation Safety Advisory Commission Members Present:
Stephen Bish, Chair Mack Davis, Vice Chair
Bill Bowers, Baard Member Max Hernandez, Board Member
Gary Preston, Board Member Lamy Franklin, Board Member
Phillip Rowland, Board Member John Cook, Board Member
Staff Present: City Manager John C. Kessel
Executive Director of Operations John Bierschwale Executive Director of Support David Harris
Executive Director of Planning Brian James Chief of Staff Bob Cantu
City Attorney Katherine Tapley City Secretary Brenda Dennis
Deputy City Secretary Donna Schmoekel
Call to Order - Special Session
A. Call to order by each Governing Body.
Chairman Stephen Bish of the Transportation Safety Advisory Commission (TSAC) called
their meeting to order at 7:23 p.m.
B. Presentation/discussion and direction regarding the City of Schertz Code of Ordinances,
Chapter 54 -Nuisances, Section 54-22(b){3) -Any sign, notice, pole, post, basketball goal,
and any other obstructions placed or painted upon any sidewalk, street, or in any public right-
of-way within the corporate limits of the City. {J. Bierschwale/B. Todd}
Mayor Carpenter recognized Transportation Safety Advisory Commission (TSAC} Chaii7nan
Stephen Bish who stated that they were asked to discuss this issue and provide their findings.
He stated a major job of theirs is to ensure street safety.
Mayor Carpenter recognized Transportation Safety Advisory Commission (TSAC) Chairman
Stephen Bish who stated that they were asked to discuss this issue and provide their findings.
He stated a major jab of theirs is to ensure sri•eet safety.
09-17-2013 Minutes Pnge - I -
Mayor Carpenter then recognized Mark Davis, Vice-Chair of TSAC, who stated the City
Ordinance addresses items which include basketball hoops placed on the sidewalks and in the
roadways. A primary concern is the safety of the children. If a portable basketball hoop is
down on the sidewalk edge, it obstructs pedestrian movement and the kids are literally
playing ball in the street. It is more than just an obstruction issue because you run the risk of
impeding traffic flow ar damaging your neighbor's car. Mr. Davis stated the TSAC
membership voted unanimously that it was just not a good idea to promote the use of a
basketball hoop down on the sidewalk or at the edge of a street. He further addressed Mayor
Pro-Tem Fowlers concern about parents wanting to keep the kids close, rather than going
down to a park out of sight. Mr. Davis stated there is no easy workaround because if you
take the basketball goals out of the ordinance you open up the potential for anyone to put up
a hoop in the City on any' street. Councilmember Antuna agreed it was a challenge but
suggested that streets that stub out would not necessarily be an area of danger.
Mayor Carpenter recognized staff members, Executive Director of Development Brian James
and Marshal Beverly Todd. Mr. James stated they were looking for a way to balance the
issue that would not be too heavy handed and allow city staff the discretion to address any
obvious unsafe practices. City Manager John Kessel suggested an amendment to the current
ordinance removing it from the nuisance chapter and placing it in the traffic safety section so
that the police department could enforce any unsafe occurrences. Code Enforcement could
still deal with any nuisance issues. He requested staff to come up with draft ordinances in
both code enforcement and traffic safety for Council to look at.
Mayor Carpenter recognized Councilmember Edwards who agreed this was a good idea to
tuiri the traffic safety issue over to the Police Depai~ment. Mayor Carpenter recognized
Police Chief Michael Hansen, who stated if this happens they will simply address the safety
problem but will not be involved in neighbor to neighbor issues. He pointed out the current
ordinance does not allow for discretion, whereas the suggested option being discussed will.
He stated the authority to enforce is already there, the discretion is not.
Mayor Carpenter recognized City Marshal Beverly Todd who stated this issue situation came
up because of a complaint. She stated they checked with five (5) other cities and none of
those cities allowed basketball goals on the sheets. Councilmember Scagliola stated that so
far this ordinance has worked and one case should not set precedence.
Mayor Carpenter recognized TSAC Board Member Max Hernandez, who stated he thinks the
Police Department has enough to do. He stated we should prohibit 6y law fiom having the
basketball goal where they could experience a fatality. Responsibility starts at home. Keep
this in the law and in our ordinance. Let those that break the ordinance pay for it. Mayor
Carpenter recognized TSAC Board Member Larry Franklin, who stated we should look at the
ward portable mare closely. He doesn't see why a goal should be left out in the road.
Mayor Carpenter recognized City Manager John Kessel, who stated one of the problems that
exists in our current ordinance is it specifically states basketball goals; you could also have
other unsafe play items such as hockey goals, go-carts, skateboard ramps, etc., all equally
unsafe. The real issue is `playing in the street', thus a traffic safety issue. By adding it to our
traffic safety ordinance, we will have a better directive. Mayor Carpenter stated again that
staff would go back and work on both sections of the ordinances and come back to present
Council with drafts for consideration.
09-17-2013 Minutes Page - 2 -
Ad'ournment of S ecial Joint Meetin
Chairman Stephen Bish recognized TSAC Board Member Max Hernandez, who moved, seconded
by Vice Chair Mark Dads to adjourn the Special Joint meeting with Council. Tlie vote was
zzzz-r-zimous. Motion Crrr-•ied. Meeting adjourned at 7:59 p.m.
Chairman, Stephen Bish
ST:
City Secretary, Brenda Dennis
09-17-2013 Minutes Page - 3 -