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."
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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
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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.
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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
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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:
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City Secretary, City of Schertz
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/57
motion by Mr.
unanimously
Potempa and
carried, the
d~~~. ~
Mayor, City of Schertz, Texas