ccswks 06-15-1994
16V
SPECIAL MEETING OF THE CITY COUNCIL
JUNE 15, 1994
The Schertz City Council convened in Special Workshop
Session Wednesday, June 15, 1994 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, presidingj Joe Potempa;
Barbara Stanhope; Mary Marsh and Ken Greenwald. Absent
Charles McDonald. Staff present were City Manager Kerry
Sweatt and City Secretary June Krause.
#1 HEARING OF RESIDENTS: A. Tanya Ware introduced
her nephew Michael Thippatong, whose brother was killed in
an automobile accident in November on FM 78. She said they
had noticed in the paper that the Council was contemplating
changing the name of FM 78 to Johnny Peterson Parkway, a
City employee who was also killed on FM 78.
Michael Thippatong said when he saw that in the papers he
was wondering if perhaps the Council could add his brothers
name to the change. He added that he would like to do
something for his brother's memory because his brother did
so much for him.
Mayor Baldwin suggested that Michael contact Mr. Sweatt to
get the outline of the steps necessary to go through in
order to change a street name. He told Mr. Thippatong that
Council and staff would be glad to answer any questions he
might have on this subject.
B. Bill Neller thanked the Mayor and Councilmember Mary
Marsh for conducting the Flag Retirement Program. He said
they had 29 other state flags, 9 Texas flags, 1 MIA flag, 3
small flags and 63 U.S. flags that were properly retired.
Mr. Neller then related an incident where he was going to
feed a treat to a neighbors dog and one of the dogs jumped
up and bit him. The next day when he went to the clinic he
was threatened that either he go to the doctor or one would
be brought to him. Of course, he went to the doctor and he
got two stitches and of course the doctor had to notify the
Public Health Office, who in turn had to notify the Animal
Control Facility in Schertz. He was contacted by the AC
Officer and was informed that the animal would have to be
impounded for ten days from the bite date with a $20
impoundment fee and $6 a day to feed the animal. He said he
had talked to the City Manager informing him this was all
his responsibility but he had to pay the $20 fee. He said
he was very unhappy to have to pay this fee. He said he
pays taxes and should not have to pay this extra fee. He
said he was part of the Christmas Decorating Committee but
when he walked out the door, he was through.
.170
Mr. Potempa asked why the animal had to be impounded if it
was in it's own yard. Mr. Sweatt informed him it could be
done in either of two ways. First it could be checked over
by a veterinarian and quarantined from other animals and
then checked again by the veterinarian at the end of the
time period. Those are state laws. The second would be
what happened, the animal be impounded for the ten day
period then checked by the veterinarian and released to the
owner. The owners chose the second method.
Mrs. Marsh asked why Mr. Neller had to pay and was told
that he did not, it was the owner's responsibility but Bill
Neller felt he caused the problem, so he would pay.
Mayor Baldwin said he regretted that Bill Neller took this
attitude. He is an old friend, but he cannot expect special
consideration. At the point he found out there would be
charges, those charges were already owed.
C . Mr .
citizens
meeting.
Jim Harris asked the status of the policy on
getting see agenda packet material prior to the
Mr. Sweatt advised that he and the City Attorney are
working on the policy now and should have it ready shortly.
fl.2 Discuss final consideration of an ordinance
amending the Code, providing for "No Parking" on a portion
of Mill Street.
Mr. Sweatt reminded that this is the second discussion of
this ordinance which restricts parking fifty feet back from
FM 78 on the west side of Mill Street. We feel this will be
the solution to a congested area there. The owners were
contacted and they do not feel it will be a problem. We are
not certain this is the solution but hope it will solve the
problem.
#3 Discuss final consideration of an ordinance
amending the Code by establishing procedures for the conduct
of Council meetings.
Mr. Sweatt said staff had made the changes to the ordinance
as suggested at the last meeting. This was the section that
dealt with the number of members of the Council needed to
place an item on the agenda - now any member can place an
item on the agenda.
Mayor Baldwin asked that if this is passed at the next
meeting, when would it take effect.
Mr. Sweatt advised the ordinance states it will go into
effect immediately after passage.
fl.4 Discuss contract with the Schertz
Association for July Jubilee activities.
Business
--~'
171
Mr. Sweatt indicated an area of the contract that was not
covered adequately. We propose an addition to Section XIII
stating the Council agrees to pay up to $1500 toward the
cost of fireworks display provided the SBA will pay at least
an equal amount and arrange for the activity.
Mrs. Anita Clark advised
27th of June and will
explained some of the
including VIP parking and
that the SBA insurance expires the
be renewed at that time. She
work being done on the Jubilee,
adequate space for SAFES.
There being no further discussion, Mayor Baldwin asked that
this be on the next agenda.
fl.5 Discuss resolution regarding alcoholic beverages
park restrictions for Jubilee activities.
Mr. Sweatt reminded that last year Council was asked to
restrict the bringing in of food and alcoholic beverages to
the Jubilee area. Therefore, we have prepared a resolution
that is date and time specific for the Jubilee. We reviewed
this with the Schertz Business Association and have
designated the specific areas being "400 feet west from the
intersection of Oak Street and Aero Avenue; then 400 feet
south into the park area; then 400 feet east to Oak Street,
and north on Oak Street to the beginning at the intersection
with Aero Avenue, surrounding the large pavilion area." This
block area will be designated by marking on pavement and
placement of signs to delineate the area as best we can. As
discussed the SBA, this will cover the carnival area.
Mr. Greenwald asked what if someone wanted to
their own bottle and mix? As most places that
allow this, we could be creating a problem.
bring in
sell beer
Attorney Spain
restrict thisj
just restrict
bringing their
explained the City has the authority to
however, the resolution could be modified to
beer and wine so that it would not restrict
own bottle.
Mayor Baldwin received a consensus from Council to just
restrict the resolution to beer and wine.
#6 Discuss possible appointments to the Tax Increment
Financing Board.
Mr. Sweatt reminded that the Council is aware that the
City, School and County have appointments to this board.
The Council designates the Chairman and Mr. Potempa is that
Chairman. The function of the board is to make plans and
review practices and policies for implementation of the Tax
Increment Financing activities. The terms of appointment
are one and two year appointments. There have been some
attendance problems in the very recent past and the board
has suggested we consider some appointments.
OJ 72
Mr. Potempa advised that the board meets once a month and
right now they are in a crucial stage of working on a
developer's policy. Recently they had to cancel a meeting
for lack of quorum. A City Council appointee who has a
full-time. job and is also involved in other activities has
not been attendinq. He has been contacted and their policy
is that if they miss three meetings, they are qone. The
Board has decided that it might be time to replace this
member.
Mrs. Marsh asked if the member was aware of this rule.
Mr. Sweatt said he was not sure if he is aware that he has
been put on notice that he is about to be replaced.
Mr. Potempa said he hated to replace this member
does need to keep this board full functioning. At
suqqestion, he said he would have a letter sent
member advisinq him of this procedure and if he
attend regularly, he will have to be replaced.
but he
Council
to the
cannot
fl.7 Discuss chanqes to water conservation ordinance
relatinq to staqinq criteria for water manaqement.
Mr. Sweatt said, as we are all aware, the Edwards has
developed a demand manaqement plan for the Edward's
Acquifer. The Edwards has gone throuqh all the problems
that are currently beinq felt about who is in charqe,
implementation of Senate Bill 1841 and challenqes to the
creation of that Board and whether the Edwards, as it is
currently constituted, will continue to be the controllinq
organization of the Edward's Acquifer. In the meantime the
Federal Judqe has appointed a Water Master, who is qoing
about the activities of developinq rules and regulations for
control of the Edwards.
We currently have a Water Management Plan that relates to
servinq water levels in the aquifer and the test wells that
are the quidinq criteria. Edwards has changed those and has
recommended and urqed all the users of Edwards water to
adopt those same criteria. Not every city has adopted those
exact rules. We all have stages and demand reduction
measures, it is just that some differ based on the level on
the particular test well.
Mrs. Marsh asked how did they come to the conclusion that
the levels had to be lowered.
Mr. Greenwald said that last ruling of the Judge shot down
Sierra Club, the implied Edwards staging is probably more
what he wanted. He specified in his rulinq that he would
comply with the Edwards. This staging should keep the
sprinqs flowinq at Comal Sprinqs.
173
Mr. Sweatt agreed that really this is what it is based on -
the flow of the Comal Springs. In our case, it represents
some fairly substantial changes in our requirements.
Currently our Stage 1 would begin at 644 level, the Edwards
recommended amount is 649'. Stage 2 is now at 628 and the
recommendation is 640'. Stage 2 calls for a reduction goal
of 20%, which is pretty substantial. This stage also, in
our ordinance, brings about some restrictions. Stage 3,
which currently begins at 612', would change to 632' and
calls for a recommended reduction goal of 30%. At that
stage there are severe restrictions. This places us in the
position of being water police, issuing citations for
violations, etc.
After lengthy Council discussion of this subject, Mr.
Sweatt said that we are going to face problems of water.
Part of our problem is that is has been cheap all these
years. We are in a much better position to deal with
alternate water supplies than others.
Mayor Baldwin asked what the urgency is at this time.
Mr. Sweatt said there is not a deadline but we wanted to
bring this to Council attention. The Edwards Aquifer would
strongly recommend that we would adopt these measure as soon
as pOSSible. Other cities are adopting these
recommendations now. The City of San Antonio has slightly
different stage levels. Their Stage 1 is 655 compared to
the proposed 649. Their Stage 2 is 640' compared to the
proposed, which is the same. Stage 3 is 620' as compared to
the 632'. They have announced that if an emergency is
declared, they will comply with the Aquifer ordinance. Most
of our neighboring cites are adopting these recommended
changes.
Mrs. Marsh said she felt we should go ahead with this.
Mr. Potempa said he was all for thisj but it still
him how the San Antonio Water Board waters their lawns
the time.
gets
all
Council agreed that they would be ready to act on this
ordinance at the next meeting.
fl.8 Discuss placement of Stop signs for Dimrock at the
intersection with Cotton King.
Mr. Sweatt advised that a petition has been received from
approximately ten residents in the area asking for some
traffic and speed control in the area. The Public Works and
Police have reviewed signing and traffic control measures in
the area. In addition to placement of additional speed
limit signs and a "dead end" sign, we are recommending
placement of stop signs stopping Dimrock traffic at Cotton
King; thus establishing a current three-way stop as a part
of an effort to control traffic matters. We have placed
).,74
this stop sign to beoin the education process and it seems
to be addressino the problem of speeding.
This also was asked to be placed on the next aoenda.
#9 EXECUTIVE SESSION: Mayor Baldwin called an
executive session at 8:03 p.m., under F.T.C.A., Government
Code, Section 551-071 to consult with the attorney on
pending or contemplated litigation.
The Special Meetino was reconvened at 9:05 p.m.
fl.10 There was no action to be taken as a result of the
above executive session.
fl.l1 CITY MANAGER'S REPORT: A. Universal City
declined to join the other cities in renamino FM 78 "John
Peterson Blvd."
B. Have been advised that the Library Board has a vacancy
and would like for Council to consider appointing Earl
Sawyer. Mayor Baldwin and Council agree that this could be
on the next agenda.
C. We are completing the draft notice of our intention to
receive bids for the sale of property authorized by the last
election. If you know of anyone who might be interested,
please let our office know. We have two people who asked to
be on the bidder list.
#12 ITEMS BY COUNCIL: Ken Greenwald reported on the
Canyon Regional Meetino he attended on Monday night.
Mrs. Marsh announced there will be a very important meeting
on June 21st regarding the July Jubilee.
fl.13 ITEMS BY MAYOR: A. Mayor Baldwin expressed his
thanks to the Council for the beautiful flower arrangement
they sent in memory of his Mother-in-law.
B. Announced that Dr. Steele's wife passed away and flowers
were sent for that also.
come
9: 14
#13 ADJOURNMENT: There being no further business to
before Council, the meeting was declared adjourned at
p.m. by Mayor Baldwin. ~~
qu~
'i(ayor, city of Sche1:?tz, Texas
ATTEST:
~-,\_~
Ct1' Secretary,
n _
Schertz