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ccswks 03-15-1995 ISI SPECIAL MEETING OF THE CITY COUNCIL MARCH 15, 1995 The Schertz City Council convened in Special Workshop Session on Wednesday, March 15, 1995 at 7:00 p.m. in the Conference Room of the Municipal Complex, 1400 Schertz Parkway, Schertz, Texas. The following members were present: Mayor Hal Baldwin, presiding; Councilmembers Charles McDonald; Joe Potempa; Barbara Stanhope; Mary Marsh and Ken Greenwald. Staff present were City Manager Kerry Sweatt and City Secretary Norma Althouse. Brooks Thomas boxes. up at p.m. Between up and who are #1 HEARING OF RESIDENTS: Jim Thomas of 604 spoke to the Council about the noise ordinance. Mr. stressed he would like to do something about boom He goes to bed at 9:00 p.m. because he has to get 4:00 a.m. and the boom boxes start up about 9:15 and have gone as late as 3:00 a.m. in the morning. 9:15 p.m. and 10:00 p.m. those with boom boxes go down Brooks Ave. If he has to, he has five people willing to Sign a petition. Mr. Thomas presented Council with a copy of the Universal City Ordinance which was originally passed in 1972 and amended in 1992 and which covers all noises. Mr. Sweatt commented the City of Schertz has an ordinance and Mayor Baldwin said Mr. Thomas told him he had reviewed the City's ordinance and may want to speak about that and all the problems he's had. Mr. Thomas stated he had called the police three times now and they said there was nothing they could do about it because the ordinance doesn't take effect until 10:00 p.m. and goes from 10:00 p.m. until 7:00 a.m. Mr. Sweatt, saYing that's not true, read from the ordinance where it says "... ..the playing of any radio, phonograph or any other musical instrument in such a manner or with such a volume, particularly during the hours between 10:00 p.m. and 7:00 a.m., as to annoy or disturb the quiet comfort or repose of persons of ordinary sensibilities in any dwelling, hotel or other type of residence....." Mr. Potempa indicated that doesn't cover the guy driving boom box on high volume. Mr. the disturbing of the persons other type of residences. covers residents, but it down the street plaYing his Sweatt commented it covers that are in the buildings or Mr. Sweatt continued on reading the general definition of a noise nuisance as follows: "Any unreasonable, loud, disturbing, unnecessary noise which causes material distress, discomfort or injury to persons of ordinary sensibilities in the immediate vicinity thereof is hereby declared to be a nuisance and is hereafter prohibited." --t:r"':" !5;'?-- Mrs. Marsh observed it's covered in the word "particularly" and Mr. Greenwald suggested that perhaps the Police Department needs a training session. Mr. Sweatt pOinted out the difficulty is in the enforcement of it. You call the police officer and by the time he gets there, the vehicle with the loud boom box is gone. Mr. Thomas recommended the Police Department be reminded of the ordinance and Mayor Baldwin agreed they should be apprised the ordinance is enforceable 24 hours a day. Mr. Sweatt mentioned there are two ways to handle it. The police officers, when called, have to observe the violation first hand, or the citizen may come to the police station and file a complaint. Mr. Thomas related he had gone to the police station to file a complaint and they told him to go to City Hall. He went to City Hall and they told him to come to a Council meeting to see if he couldn't get the ordinance enforced. Mr. Mr. call Sweatt Thomas and get apologized for any misunderstanding and for his phone number so he could give this matter straightened out. asked him a Mr. Potempa wondered if a police officer has the authority to issue a citation to someone stopped at a stop sign and playing their boom box loudly. Mr. Sweatt replied that if the police officer, himself, is being disturbed he can swear a complaint against that individual. Mr. McDonald mentioned determining what decibel ordinary sensibilities. sensible thing to do was which measures the decibel there may be a problem level disturbs a person Mr. Greenwald felt the have the officers carry a level. in with only meter Mayor Baldwin thanked Mr. Thomas for coming. #2 AMENDMENT: Discuss first reading amendment to the City Code of Ordinances regarding Pool Schedule of Fees and Programs. of an Swimming Mr. Sweatt reminded the Council they have a memorandum in their packets outlining three proposed changes to the current ordinance. The first change is under season passes where we propose to add a category of pre-school or day care center allowing one teacher or child care attendant and five students per pass. We have an exceeding number of requests during the summer to allow such an arrangement. The second change, because of the calendar this year, proposes to reduce the number of days the pool is open from 90 down to 89. The third change proposes to offer a lifeguard training certification course. We believe there is a demand and a need for this type program. There will be a fee of $80 for students who are residents of the City and an $85 fee for students who are non-residents. 153 Mr. Sweatt pointed out the fees, the operating hours and the various rules and regulations will remain the same. The same arrangements remain for making reservations and we will try again for a Monday night adult night from 5:00 p.m. to 9:00 p.m. Council indicated, when asked by the Mayor, that they were ready to include this on the agenda for next Tuesday night. Before moving to the next item, Mr. Sweatt advised that in regard to the painting of the pavilion, they had talked before about not scheduling anything to do with that until after the 4th of July Jubilee. They have also now realized there is another conflict and that is parking for the pool. Consequently, the bids will be received sometime in August with the stipulation they not start painting until September 5th after the pool closes. #3 APPOINTMENTS: Discuss appointments to CRWA Board of Trustees and Board of Managers. Mr. Sweatt explained these are appointments that are made by the Council and they are two year terms. CRWA represents one of our alternatives in water supply. All three, Ken Greenwald, John Bierschwale and Sam WillouQhby, have served previously and are willing to continue. Mr. Greenwald noted that whenever the terms are up, CRWA sends a letter to that entity requesting they appoint members to serve on the Boards. #4 CITY MANAGER'S REPORT: A. Commented on the large white notebook at everyone's place and reminded Council that several weeks ago they talked about changing the format of the agenda packet. The white notebooks are for Council to keep at home. Starting this Friday the packet each time will be in a three-ring binder with dividers and plastic pockets for mail, calendars, etc. The packet will be put in an envelope to be picked up from the dispatcher as has been the procedure all along. The envelopes will have a seal so all you have to do is break it. Please bring the three-ring binders to the meeting, take out what you want and return the binder, dividers and plastic pockets to the City Secretary. Whatever you take out to keep can be put in the large white notebook. We'll try it and if you're not satisfied, will make other arrangements. B. Commented that after the agenda packet was prepared, we received a letter from TXDoT asking that we consider amending our current ordinance relating to speed limits along IH-35. Currently the City ordinance provides a speed limit of 55 mph on IH-35 main lines from the northern City limits to the southern City limits. It also establishes, on the IH-35 frontage roads, from the northern City limits to the southern City limits, a speed limit of 50 mph. TXDoT is requesting we establish a 55 mph maximum speed . , ~ 15~ limit and a 45 mph minimum speed limit on the main lanes and a 45 mph speed limit on the frontage roads. The specific section initially sent to us is from our City limits near Lookout Road to the point riqht above FM 3009 at the place where the six lanes end. We have suggested to avoid confusion, and they have concurred, that we chanqe it all at one time. We recommend a minimum of 45 mph and a maximum of 55 mph on the main lanes and a speed limit of 45 mph on the frontaqe roads. If Council agrees, we would like to have this item placed on the next agenda. Council agreed. #5 ITEMS BY COUNCIL: Mr. PotemDa A. Reported he finally got to attend a Housing Authority Board meeting this month and the new Chairman is Regis Lynch and Vice-Chairman is Jackie Jones. They allocated money for construction of emergency entrances which will also update the handicapped facilities. Dick Zimmerman Construction Co. is doing the work which will begin March 20th and should finish by August 26th. They renewed the contract for termite control for one year and agreed to install mini-blinds at the RACAP office. Also, they still have 58 applications for Section 8 housing. B. Related that last Friday he put his recycling bin out with bottles, plastics, cans, etc. They took everything except the plastic. He called Alamo Waste about it and a younq lady told him there's no market for plastic. He informed her that was not the intent of the recycling program. He then asked to speak with Henry Gutierrez and advised him he has a contract with the City which states all recyclables will be picked up. Mr. Gutierrez promised to look into it. Mr. Potempa then spoke with Mr. Sweatt who indicated he has spoken to Mr. Gutierrez about it, but it seems to be an onqoing problem. Mrs. Stanhope commented she thinks it's a matter of training. They have not left anything in her bin. Mr. Sweatt referred to one of the points of confusion about newspapers. Because paper is of such high value now and we are qetting such a good response, Mr. Gutierrez is running both a front-end loader, which looks just like his garbage truck, as well as the recycling truck. The front-end loader is taking all the newspapers and the recycling truck is taking all other materials. Mr. Sweatt indicated that part of it is training and part of it is circumstance, so he will speak with Mr. Gutierrez again. Mr. Sweatt reported we are still having problems, is doing well. Through the month of February, pounds of material has been diverted from the waste but it 104,000 stream. There was a brief discussion on how many people are participating in the recycling proqram. _/ ~-- /,pS- Mrs. Stanhooe: A. Remarked that coming back from New Braunfels the other day, by the rest stop in our City limits, she observed that someone in a snow white vehicle, with no markings whatsoever, had another car stopped and he also did not have on a uniform. He did have on a vibrant yellow jacket with "police" in big letters across the back. Is that legitimate or not? Mrs. Stanhope was advised it is legal and that it was the Task Force at work. B. Commented she attended the Chamber luncheon and was there for the presentation on the bond issue. The school did an excellent job. She hopes when the City goes out for their bond issue, they do the same thing. People need to hear not only the statistics and figures, but also see the pictures. C. Announced she will not be present for the next meeting. Mr. Greenwald: inspecting the doesn't know for A. Asked if the tattoo parlor. Mr. sure, but will check Health Inspector Sweatt replied into it. is he B. Reported that at the Planning and Zoning meeting night they received a request to rezone property at corner of Mitchell Ave. and Schertz Parkway Single-familY housing. last the for C. Mentioned that Asst. City Manager Steve Simonson had brought up several weeks ago about the Department of Licensing and Regulations being part of the platting process. It is a State law that went into effect April 1, 1994. Anything over $50,000 has to go before them to be approved/reviewed for ADA requirements. Mr. Sweatt implied some of those departments are allowed to write their own administrative rules. Mr. Greenwald stressed we need a resolution asking them to get off our backs, this is getting ludicrous. Mrs. Marsh pointed out it is detrimental to economic development. Mr. McDonald noted it makes the project more costly. Mr. Greenwald indicated he would get the Council copies of the law so they can see how this happened. D. Mentioned some recent rules from TNRCC saying any water connection has to have a vapor trap now. Mr. Sweatt recalled that when the State moved into the regulation of sprinkler systems, they required a back-flow prevention device where there used to be a check valve required. There are some other things involved too. It makes this, clearly, an unfunded mandate because the City is responsible for enforcing it. E. Reminded the Council he had given them each a copy of the Order on the Sierra Club's Second Motion for Additional Relief. It contains some summary judgments from Judge Bunton. Mr. Greenwald pointed out that on page 6 it says "The Court strongly urges anyone that has anything to do ---::: 1,....."'.) ISh with any ongoinq "study" of whether the Aquifer, or any part of the Aquifer, can be drawn down below the minimum levels needed to provide adequate natural sprinqflows to stop wasting time and money. Instead, spend your time and money wisely on the two real solutions to this crisis: (1) regulating pumping to avoid violations of federal law and an environmental and water quality catastrophe; and (2) brinqing in substantial alternative water supplies to avoid an economic catastrophe." Mr. McDonald noted that if you read it, Judge Bunton is very cleverly getting himself out of it and is putting the responsibility back to the State and letting them declare the Edwards a river again. Mr. Greenwald admitted that's one of Judge Bunton's options. Advised that yesterday afternoon he and Mr. Sweatt met with representatives from various Metrocom area cities and representatives from SARA, San Antonio Water Supply, CRWA and GBRA to discuss looking into possible grant money for a regional study of the Metrocom area. The water is there if someone has a place to store it. Several options were discussed. Part of the Trans Texas Water Program was a population projections and water projections surrounding area from 1990 throuqh 2050. Mr. said he would get copies for the Council. study on for the Greenwald Mr. Sweatt commented things are happeninq, Judge Bunton will be making decisions and the legislature will be making decisions. Mr. Greenwald stressed aqain the need for the City to obtain some water rites. There's only 5,000 acre feet left at the Dunlap area. Mayor Baldwin suggested bringing in some proposals. Mr. Potempa remarked on the water we reserve every year and don't use. It's a waste of money. Why don't we store it? Mr. Potempa was reminded you have to reserve it, or there won't be any available. He than asked where the money qoes and Mr. Greenwald replied to GBRA to build more dams and try to qet more usable water. #6 ITEMS BY MAYOR: A. Announced meeting will be held in Seguin April 21st Colleqe with the social hour beginninq at the TML Region 7 at Texas Lutheran 6:00 p.m. B. Mentioned that on March 28th from Noon until 7:00 p.m., the ROAD Foundation is havinq a 5th year anniversary celebration. C. Advised he has a copy, for anyone wishing to read it, of a document called the Community Justice Plan for Guadalupe County FY 96/97. The acceptance of the plan has been scheduled for March 30th at 6:30 p.m. at Krueger Elementary in Marion. /' #7 ADJOURNMENT: On a seconded by Mrs. Marsh and meeting adjourned at 8:14 p.m. ATTEST: ~ ~,~~/ City Secretary, City of Schertz -- /57 motion by Mr. unanimously Potempa and carried, the d~~~. ~ Mayor, City of Schertz, Texas