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REGULAR SESSION OF THE SCHERTZ CITY COUNCIL
SEPTEMBER 9,1998
The Schertz City Council convened in Regular Session on Tuesday, September
9, 1998 at 7:00 p.m. in the Municipal Complex Council Chambers, 1400 Schertz
Parkway, Schertz, Texas. The following members were present: Mayor Hal
Baldwin; presiding; Councilmembers Pia Jarman; Joe Potempa; Norman W.
Agee, Sr.; Timothy Swinney and Ken Greenwald. Staff present were City
Manager Kerry Sweatt and City Secretary Norma Althouse.
Mayor Baldwin asked everyone to rise and join him in the Pledge of Allegiance to
the Flag. He then announced the City Manager has now completed 10 years of
service with the City and congratulated him and wished him further success.
#1 PUBLIC HEARING: To receive citizen comments on a proposal to increase
total tax revenues from properties on the tax roll by 10.60 percent.
Mayor Baldwin explained the procedures to be followed for the public hearing.
Mr. Sweatt advised the notice on the tax hearing was published according to
State law, which changed during the last legislative session. You are now
required to hold a public hearing if there is an increase in revenue over last year.
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L.J. Cott, Comptroller, along with Mr. Sweatt, gave a presentation and showed
slides explaining the tax rate and the proposed increase in total tax revenues.
Mr. Sweatt explained that the final vote on the tax rate will take place at the
Council meeting on September 15th. The proposed tax rate is .3544 cents per
$100 evaluation.
David Allen of 1300 Colony Drive asked where the $2,000,000 in the budget is
coming from if they are lowering the tax rate. Mr. Sweatt reviewed the assessed
property values and the process of arriving at the proposed tax rate to Mr. Allen.
Leroy Cinnamon of 1208 Spicewood congratulated the Council and City
management team for their efforts on behalf of the City. He feels they are doing
a fine job. Mayor Baldwin agreed and also commended the Staff on its
management of growth in the City. They haven't allowed the inside growth to
outdo the outside growth.
#2 ADJOURNMENT: There being no further questions or comments regarding
the proposed increase in tax revenues, Mayor Baldwin adjourned the public
hearing at 7:18 p.m.
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Following the public hearing, City Council convened in Special Workshop
Session on Wednesday, September 9, 1998 in the Council Chambers of the
Municipal Complex, 1400 Schertz Parkway, Schertz, Texas. (The meeting was
posted to take place in the Conference Room, but at the Mayor's request,
Council remained in the Council Chambers.)
#1 HEARING OF RESIDENTS
No one had signed up to speak.
#2 Discuss final reading of Ordinance amending the Code pertaining to
purchasing requirements.
Mr. Sweatt explained this ordinance would allow our purchasing procedures to
conform to the State law. It will streamline the process and hopefully get the City
more good bids. Council agreed they were ready for this item to be included on
next Tuesday night's agenda.
#3 Discuss possible amendment to Code regarding hunting inside the City
limits.
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Mr. Sweatt advised that several years ago Council adopted an ordinance
prohibiting hunting within one mile of a platted subdivision. Objections were
heard from property owners who felt there should be exceptions. Council,
however, stood by the ordinance. Last month, at a workshop, we heard from
citizens who want to lower the distance requirements depending on the gun used
for hunting. Council has a memo in their packets from Chief Smith who is here
tonight to answer questions.
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City Attorney, Michael Spain, reviewed the current ordinance and then Chief
Smith gave his recommendations. His first recommendation was as follows:
"Owners or their authorized guest are permitted to hunt by shotgun using 7 %
shot or 8 shotshells only and the pellets do not leave the boundaries from within
agricultural or uninhabited land not closer than % mile from a platted subdivision,
provided 2/3 majority of the persons living within the effected area respond in
writing not opposing said hunting and the landownerllessee shall clearly mark all
boundaries in a bright colored sign denoting the % mile marker limit at as many
points on hislher property as may be necessary to prevent unlawful hunting.
Landownersllessees shall apply for a yearly permit through the police department
providing letters of consent from effected neighbors at the time of application.
The police department shall investigate each permit request and verify
authenticity of consent. The police department may deny any permit request
without cause and revoke any issued permit if public safety concerns or quality of
life issues such as noise violations are determined. Police officers will be
permitted to enter onto any lands to determine if violations are occurring."
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In his memo to Council, Chief Smith stated the simplest plan at this time, from a
law enforcement stance, would be to ban all shooting. There are, however, a few
"safe" areas remaining and those should be regulated. His recommendation is a
fee of $250.00 for administering the permit.
Chief Smith noted his proposal would allow bird hunting if that's where Council
wants to go. He, personally, would like to eliminate the use of rifles. Mayor
Baldwin asked about property owners being able to shoot varmints and Chief
Smith admitted he hadn't considered that, but it should be considered.
Ben Davis of Beck Concrete observed it may get thorny with having to get 2/3 of
the people to agree, but he supports any change moving the distance down
somewhat.
Mr. Swinney questioned the practicality of getting 2/3 of the people to consent.
He also wondered if there's a % mile safety when children are playing in the
woods.
Mrs. Jarman commented that back several years ago, she was one of the first to
come in and complain because of dead doves in her yard, bullets flying past her
house and children playing in the woods. Those hunters who are drinking beer
are not in a position to know how far they are shooting.
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Mr. Greenwald pointed out Chief Smith is saying, in his recommendation, that
none of the shot can leave the area that is marked. Mrs. Jarman noted that after
an accident it is hard to find the bullets, and it seems this will put an extra burden
on the Police Department.
Mr. Agee asked who gets the permit. Mr. Spain replied if there is a renter, then
they should have the permission of the property owner.
Mayor Baldwin felt there should be no problem if everyone complies with the law.
Mr. Potempa stressed everyone complying with the law is the problem. Mr.
Swinney added he thinks it's always best to err on the conservative side. He
sees lots of concern and fear when people get a letter asking for their consent.
Mr. Potempa stated it was his impression no hunting was allowed. The person
who brought up this change to the ordinance was a San Antonio policeman who
is also a Councilman in LaVernia. He doesn't think we should accommodate
people from other cities and not take care of our own citizens. Making
exceptions causes problems.
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After further discussion, the Council (counting the Mayor) was divided on whether
to change the ordinance or stay with it the way it is now. The consensus was to
stay with the current ordinance and clarify the amendment which made an
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exception to it. Mr. Sweatt noted this would take some time and will not be an
item on next week's agenda.
Before Item #4 on the agenda, Council took a twenty-five minute break from 8:25
p.m. to 8:50 p.m. to have refreshments and a short ceremony to celebrate Mr.
Sweatt's completion of 10 years with the City.
#4 Consider and take action scheduling a public hearing on a rezoning
request by ABG Investments (Woodbridge Subdivision).
Mr. Sweatt reminded Council they have information in their packets about this
request and advised the earliest possible date for a public hearing would be
October 6th.
Mr. Agee moved to schedule October 6, 1998 as the public hearing date on a
rezoning request from ABG Investments. Mrs. Jarman seconded the motion,
which carried with the following votes:
AYES: Councilmembers Jarman, Potempa, Agee, Swinney and Greenwald.
NAYS: None.
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#5 Consider and take action scheduling a public hearing on a rezoning
request by ARC (Pecan Grove Mobile Home Park).
Once again Mr. Sweatt reminded Council they have information in their packets
about this request and advised the earliest possible date for a public hearing
would be October 6th.
Mr. Greenwald moved to schedule October 6, 1998 as the public hearing date on
a rezoning request from ARC. Mr. Potempa seconded the motion, which carried
with the following votes:
AYES: Councilmembers Jarman, Potempa, Agee, Swinney and Greenwald.
NAYS: None.
#6 Discuss policy regarding Internet and E-Mail Systems.
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Mr. Sweatt referred to the memo in Council's packets and said that as a result of
the workshop discussion, USAA's company policy and general principles on the
subject had been reviewed. One question that came up during the workshop
discussion was that of religious material and the City has been unable to perfect
a statement they feel would be adequate pertaining to that and therefore are
recommending silence on the matter.
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Mr. Sweatt went on to say it is unrealistic to think there will be no personal use by
employees, but the City does have the right to monitor. As technology changes,
they may need more restrictions. Mr. Swinney remarked he was impressed with
the overall policy.
Council agreed they were ready for this item to be included on next Tuesday
night's agenda.
#7 Discuss professional services agreement for architectural work on
Library and Municipal Complex remodeling.
Mr. Sweatt mentioned the memo in Council's packets from Norris Fletcher of
BSA regarding cost for professional services connected with the remodeling of a
portion of the Municipal Building after the Police Department moves out and the
bricking and re-facing of the Library. It is requested that Council authorize an
increase in the current professional services agreement with BSA by $30,000 to
add these projects. Mr. Sweatt referred to the budget for the 1997 Bond issue
projects which indicates a reservation of $30,000 for other professional services.
He feels the overall budget and available funds will be able to absorb the cost.
Council indicated they were prepared for this item to be included on next
Tuesday night's agenda.
. #8 CITY MANAGER'S REPORT
· Thanked everyone for the gift and refreshments this evening and said it has
been a real pleasure working for the City of Schertz.
· Reminded everyone the TML Conference is only six weeks away. Mr.
Swinney suggested that perhaps a van for transportation could save some
mileage cost.
#9 ITEMS BY COUNCIL
Mr. Aaee:
. Mentioned he had taped an interview by David Frost of George Bush and it
was funny. If anyone is interested, they can borrow his tape.
Mr. Swinney:
. Congratulated Mr. Sweatt on his 10-year anniversary and commented he had
been an inspiration to him.
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. Inquired if the City has any ideas about a building for used books. Mr. Sweatt
reminded him that was part of the bond issue that failed. Gail Douglas,
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Librarian, reported that at the Library Board meeting they discussed putting
the used books in the meeting room and closing the meeting room, and
putting the children's area in back. Nothing definite was decided. Mr.
Swinney indicated he hated to lose the meeting room, but if we are ever going
to have a juvenile area, now is the time. Ms. Douglas said they thought about
discontinuing the bookstore, but hate to lose the income. Mr. Greenwald
wondered about tearing down the old Fire Department building and replacing
it with a metal building. Mayor Baldwin asked how close we are to needing a
new library. Ms. Douglas answered they were happy with the space they
have for the next 4-5 years until they got the Internet, but they're okay right
now according to State guidelines. If there are more rigid guidelines, then
they may need to change. Mayor Baldwin mentioned the possibility of the old
fire station and City Hall by the old Buffalo Lounge. It would make a great
place for a bookstore. Mr. Sweatt agreed to take all these recommendations
under consideration.
Mr. Greenwald:
· Related giving a copy to everyone of an article in the Metro section of the
newspaper about CRWA. It's very interesting. Mr. Sweatt noted they
continue to meet with the City of Seguin and other cities in the area to keep
them up-to-date on what we're doing about finding an alternate water source.
. #10 ITEMS BY MAYOR
· Commented Chief Melton was buried yesterday and the City outdid itself in
the way of helping his family through the situation.
· Acknowledged the presence at the meeting of some students from Ms.
Briscoe's government class.
· Indicated the proclamation for last year's Buffalo football team will be ready
by next Tuesday.
#11 EXECUTIVE SESSION: Called under Chapter 551 Texas Government
Code, Sub-Section 551.072, deliberation regarding real property.
An Executive Session was held, in the Conference Room, from 9:25 p. m. until
10:05 p.m.
#12 Action, if any, on above Executive Session.
No action was required.
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