ccreg 06-21-1994
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REGULAR MEETING OF THE CITY COUNCIL
JUNE 21, 1994
The Schertz City Council convened in Regular Session,
Tuesday, June 21, 1994 at 7:00 p.m. in the Council Chambers
of the Municipal Complex, 1400 Schertz Parkway, Schertz,
Texas. The following members were present: Mayor Hal
Baldwin, presiding; Barbara Stanhope; Mary Marsh and Ken
Greenwald. Absent: Charles McDonald and Joe Potempa.
Staff present were City Manager Kerry Sweatt and Deputy City
Secretary Norma Althouse.
Mayor Baldwin welcomed everyone to the meeting and led them
in the Pledge of Allegiance.
#1 APPROVAL OF MINUTES: A.
B.
C.
D.
BOA Meeting 5-17-94
Regular Meeting 5-17-94
Special meeting 6-1-94
Regular Meeting 6-7-94
Mrs. Marsh noted that in the minutes for the BOA Meeting of
5-17-94, she is listed as present and also as absent. It
was actually Mrs. Stanhope who was absent.
Mr. Greenwald moved to approve the minutes, as corrected,
of the BOA Meeting 5-17-94. Mrs. Marsh seconded the motion
and Mrs. Stanhope said she would have to abstain since she
was not present. After a brief discussion, Mayor Baldwin
asked that all the minutes submitted this time for approval
be resubmitted at the next regular meeting. Mayor Baldwin's
reasoning being that two Council members are absent this
evening, one Council member who is present this evening was
on vacation, and he cannot vote on some of them because he
had already been sworn in as Mayor. The Council agreed the
minutes should be resubmitted at the next regular meeting.
Mayor Baldwin, mentioning that the item, Hearing of
Residents, was inadvertently left off the agenda, proceeded
with the hearing of residents at this time.
(a) Ms. Liz Mueller and two students, John Mueller and
James Warren, presented an appreciation award to the Schertz
Police Department for all the time volunteered and money
raised for Project Graduation. Sergeant Reidy accepted the
award on behalf of the Police Department.
(b) Mrs. Ann Almond displayed a trophy earned by the City
for its float entry in the Berges Fest at Boerne, Texas.
Ms. Almond indicated it was the first trophy they had won
for the float and it was for a first place Visitors entry.
(c) Mr. Ray Wofford of 1200 Spicewood read a letter he had
written to the Council. Among the items mentioned in Mr.
Wofford's letter were that the recent election is not the
end of the terms limitation subject; that he feels the
ordinance establishing rules and procedures for conducting
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City Council meetings, if approved as currently written, is
for the purpose of controlling and negating resident
involvement; that the Council needs to consider writing
ordinances on such things as City-wide restrictions, parking
limits, City beautification and single member council
districts; and, the majority of people are reluctant to get
involved when the City asks for volunteers.
Cd) Mr. George Mower of 501 Brooks referred to Section
2.2.4, Citizen Participation, of the proposed ordinance
establishing rules and procedures for conducting City
Council Meetings where it says citizens shall have a
reasonable opportunity to be heard, and expressed the
opinion he doesn't feel the word "reasonable" is necessary -
it seems ambiguous. Mr. Mower did, however, thank the
Council for this ordinance and said he would like to see
more cooperation.
Mr. Mower also mentioned the paragraph under Citizen
Participation where it states no speaker shall verbally
attack or otherwise disrupt or degrade the dignity or
conduct of business of the Council and claimed that
presupposes the citizens are the only ones who do it. Mr.
Mower suggested that paragraph be moved under the section on
conduct of meetings.
Mayor Baldwin thanked the residents for their input.
#2 ORDINANCE: Mayor Baldwin introduced an ordinance
for final consideration and read the caption as follows:
ORDINANCE NO. 94-D-14
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS PROVIDING THAT THE CODE OF
ORDINANCES, CITY OF SCHERTZ, TEXAS BE AMENDED
BY REVISING SECTION 18-91 PARKING PROHIBITED,
OF SAID CODE.
Mr. Greenwald moved to approve the ordinance amending the
Code, providing for "No Parking" on a portion of Mill
Street. Mrs. Stanhope seconded the motion, which carried
with the following vote:
AYES: Councilmembers Stanhope, Marsh and Greenwald.
NAYS: None.
#3 ORDINANCE: Mayor Baldwin introduced an ordinance
for final consideration and read the caption as follows:
17j
ORDINANCE NO. 94-M-15
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS PROVIDING THAT THE CODE OF
ORDINANCES, CITY OF SCHERTZ, TEXAS BE AMENDED
BY REVISING SECTION 2.2 OF SAID CODEj
PROVIDING FOR THE ESTABLISHMENT OF RULES, TIME
AND PROCEDURES FOR CONDUCTING CITY COUNCIL
MEETINGS.
Mrs. Marsh moved to approve the ordinance amending the Code
by establishing procedures for the conduct of Council
meetings. Mr. Greenwald seconded the motion.
Before the vote, there was some discussion on the proposed
ordinance. Mr. Greenwald asked why the paragraph saying no
speaker shall verbally attack or otherwise disrupt or
degrade the dignity or conduct of business of the Council
only addresses the citizens and not the Council also. Mr.
Sweatt admitted he thought that would apply to all speakers,
not only citizens.
Mayor Baldwin commented it is only reasonable to conduct a
meeting with dignity and said he doesn't think it's City
Council's role to attack the citizens.
Mrs. Stanhope inquired if the City Attorney had reviewed
the ordinance and was told he had.
Mr. Mower observed that paragraph doesn't belong in the
citizens section of the ordinance, but rather in the section
on the conduct of meetings.
Mayor Baldwin emphasized he has no problem with moving that
paragraph and Mr. Sweatt suggested it be a separate
paragraph (paragraph d) under Section 2.2.3, Conduct of
Meetings. The Council agreed.
Mr. Mower then referred to Section 2.2.4, Citizen
Participation, where it says citizens shall have a
reasonable opportunity to be heard and again expressed the
opinion the word "reasonable" should be removed.
Mrs. Marsh felt the word "reasonable" should not be removed
because it covers both the citizens and City Council. The
other Councilmembers agreed.
Mayor Baldwin remarked this behooves the City Council to
conduct a professional business-type meeting. They have
never had an organized plan and this is one. There is no
attempt to muzzle anybody. The meetings need some structure
and this is a good ordinance. Mr. Baldwin added the City
is trying to find a way to provide a package to the
citizens.
J .,~
Mr. James Harris stressed there is no way, under this
proposed ordinance, to respond without being out of order.
You will have to record the meeting and make notes and then
bring your questions/opinions back to the next meeting when
the discussion is cold. That's what's wrong with this
ordinance.
Mrs. Stanhope reminded Mr. Harris that no ordinance is
passed in one week. Mr. Harris pointed out this ordinance
wouldn't have been read in its entirety unless he had
requested it. The Council has done fast work on the
ordinance, but hasn't decided yet on a method of providing
copies of the package at the counter for the citizens to
see.
Mr. Mower, going
it's subject to
Baldwin implied
interpret.
back to the word "reasonable", noted that
being interpreted by the Chair. Mayor
he doesn't know any Chair that doesn't
Mr. Baldwin went on to advise Mr. Mower he is rehashing
what City Council has already made a decision on. There's a
time and a place for calling it quits.
A vote was taken at this time and the motion carried as
follows:
AYES: Counci1members Stanhope, Marsh and Greenwald.
NAYS: None.
#4 CONTRACT: Consider and take action on renewal of
a contract with the Schertz Business Association for July
Jubilee activities.
Mr. Sweatt reviewed the contract pointing out that one of
the major changes from previous years is that the City will
pay up to $1500 for the fireworks and the Schertz Business
Association will match that figure and also have the
responsibility of setting it up.
Mrs. Stanhope moved to approve renewal of the contract with
the Schertz Business Association. Mrs. Marsh seconded the
motion, which carried with the following votes:
AYES: Councilmembers Stanhope, Marsh and Greenwald.
NAYS: None.
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#5 RESOLUTION: Mayor Baldwin introduced a resolution
and read the caption as follows:
RESOLUTION NO. 94-R-5
A RESOLUTION BY THE CITY COUNCIL OF SCHERTZ,
TEXAS DESIGNATING A PARTICULAR AREA AND
PARTICULAR DATES FOR WHICH ALCOHOLIC BEVERAGES
MAY NOT BE BROUGHT INTO OR REMOVED FROM
PICKRELL PARK.
Mrs. Marsh moved to approve the resolution regarding
alcoholic beverage park restrictions for Jubilee activities
and Mrs. Stanhope seconded the motion.
Before the vote,
street dance on
prohibition.
Mr.
July
Sweatt reminded everyone
2nd is not included
that
in
the
this
The vote was then taken and the motion carried as follows:
AYES: Councilmembers Stanhope, Marsh and Greenwald.
NAYS: None.
#6 ORDINANCE: Mayor Baldwin introduced an ordinance
and read the caption as follows:
AN ORDINANCE
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS PROVIDING THAT THE CODE OF
ORDINANCES, CITY OF SCHERTZ, TEXAS BE AMENDED
BY REVISING A PORTION OF SECTION 19.96 DROUGHT
AND EMERGENCY WATER MANAGEMENT AND SURCHARGES;
PROVIDING AN EFFECTIVE DATE; AND REPEALING ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT.
Mr. Sweatt related this is in response to the Edwards
Underground Water District recommendations. When the water
in the Edwards Aquifer reaches a certain level, it triggers
a stage in our water management plan. Some of those stages
will change if this ordinance passes. For example, Stage 1
which is now at the 644' level will change to 649' with a
reduction of 15% in consumption; Stage 2 which is now at
628' will change to 640' with a reduction of 20% in
consumption; and, Stage 3 which is now at 612' will change
to 632' with a reduction of 30% in consumption. Stages 4, 5
and 5A under the current ordinance will remain in effect.
Mr. Greenwald moved to approve the first reading of an
ordinance amending the Code, Section 19-96, Drought and
Emergency Water Management and Surcharges. Mrs. Marsh
seconded the motion.
Before the vote, Mr. Greenwald stated these feet cutoffs
are to maintain flow at San Marcos and at Comal Springs.
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A vote was taken at this time and the motion carried as
follows:
AYES: Councilmembers Stanhope, Marsh and Greenwald.
#7 ORDINANCE: Mayor Baldwin introduced an ordinance
and read the caption as follows:
AN ORDINANCE
AN ORDINANCE BY THE CITY COUNCIL
SCHERTZ, TEXAS PROVIDING THAT
ORDINANCES BE AMENDED BY REVISING
FOUR-WAY STOPS AND REPEALING ALL
PARTS OF ORDINANCES IN CONFLICT.
OF THE CITY OF
THE CODE OF
SECTION 18-33
ORDINANCES OR
Mr. Sweatt advised this is the result of requests by both
the residents of Woodland Oaks and the Police Department to
help slow down traffic on Dimrock.
Mr. Greenwald moved to approve the first reading
ordinance amending the Code, Section 18-33, Four-Way
for Dimrock at the intersection with Cotton King.
Stanhope seconded the motion, which carried with
following votes:
of an
Stops
Mrs.
the
AYES: Councilmembers Stanhope, Marsh and Greenwald.
NAYS: None.
#8 APPOINTMENT: Consider and take action on
appointing a member to the Library Advisory Board.
Mayor Baldwin commented it is requested they appoint Earl
Sawyer to the Library Board and Mr. Greenwald pointed out
Mr. Sawyer was one of the founding members of the original
Library Board.
Mr. Greenwald moved to appoint Earl Sawyer a member of the
Library Advisory Board. Mrs. Marsh seconded the motion,
which carried with the following votes:
AYES: Councilmembers Stanhope, Marsh and Greenwald.
NAYS: None.
#9 CITY MANAGER'S REPORT: A. Stated that in order
to keep traffic flowing from the Village and from Wuest's
during the 4th of July parade, they will open an exit area
near the Sycamore Creek apartments onto Elbel.
Mr. Greenwald asked how this will be done and Mr. Sweatt
replied by use of a ramp. Mr. Greenwald then remarked that
part of the parade may still be on E1bel and Mrs. Sweatt
assured him there will be a lane available.
B. Informed everyone that Alamo Waste is relocating, so
the voluntary recycling will be closed as of July 2nd. They
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hope to have negotiations on curbside recycling soon.
C. Explained they are in the process of finding a way to
provide packets, with Council meeting information, at the
counter for citizens.
#10 ITEMS BY COUNCIL: Mrs. Marsh reminded everyone
of the Fourth of July Jubilee and noted this event is put on
by the Schertz Business Association and about 150
volunteers. It is a three-day celebration this year and all
the entertainment is free. If the tournament is over, they
will have the street dance under the large pavilion. The
fireworks is even bigger and better than in the past.
Mr. Greenwald revealed that thanks to FCC regulations,
there will be a 75 cent increase in cable rates.
Mr. Sweatt said he has an all cities meeting on July 13th
in Castle Hills to review the changes. It is his
understanding the base rate will decrease, but there will be
an increase in the rates for the premium channels.
#8 ITEMS BY MAYOR: A. Mentioned there is a group of
Navajo Indian children, from a little town in New Mexico,
who are taking a bicycling tour of the southwestern United
States and they will arrive in Schertz tomorrow between noon
and 2:00 p.m. There was a story about them on television,
in case anyone saw it. They need bed, board and food. He
has already spoken with Taco Bell and with Pizza Hut about
meals for them. Mr. Baldwin wants to try and show them
some Schertz hospitality.
B. Read a letter he had received from Steve Nash, Principal
at Corbett Jr. High School, thanking Mr. Sweatt for his
time in participating in a ten week program at the school
and praising him for his excellent performance in the
program.
#9 ADJOURNMENT: Mrs. Marsh moved the meeting be
adjourned at 8:05 p.m. and Mrs. Stanhope seconded the
motion, which carried with a unanimous vote
4~-
Mayor, City of Scher.t:k., Texas
ATTEST:
~~~~n-'
Deputy City Secretary, City of Schertz