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ccswks 06-30-1993 - ~', SPECIAL MEETING OF THE CITY COUNCIL JUNE 30, 1993 The Schertz City Council convened in Special Workshop Session Wednesday, June 30, 1993 at 7:00 p.m. in the Conference Room of the Municipal Complex, 1400 Schertz Parkway, Schertz, Texas. The following members were present: Mayor Earl W. Sawyer, presidingj Joe Potempaj Barbara Stanhope; Mary Marsh and Ken Greenwald. Absent: Hal Baldwin. Staff present were City Manager Kerry R. Sweatt, City Attorney Mike Spain and City Secretary June G. Krause. #1 HEARING OF RESIDENTS: Bill Neller A. He reported on the Flag Retirement Ceremonies on the 14th of June, mentioning that we had compliments from Randolph Air Force Base. He also advised that the similar ceremonies in Universal City did not take place for lack of turn-out. B. The Christmas decorations are progressing wellj however they will cost a little more this year. C. He complained to the Voter Registrar's office in Seguin about the low turn-out for voting on the 5th of June. Also asked them about not having flags at the polls and was told that unless the Secretary of State told them they had to, they would not put one out. Larry Jarmin said he had written the City Manager regarding firearms discharging inside the city limits. He urged the Council to do something before someone got hurt. He said that last fall he had found dead animals against his house and observed people down his easement firing into the trees. He had talked with Chief Agee, who made him aware of the ordinance exception but he felt it was wrong. He said he had called police and on one or two occasions, they had apprehended someonejbut most of the time, the culprit had gone. Pia Jarmin added that although there is a green belt, there are a lot of children that play there. This is very dangerous and some action needs to be taken. Mr. Willman introduced Mrs. Pia Jarmin as the newest member of the Planning & Zoning Commission. #2 Discuss revisions to the City ordinance regarding discharge of firearms within the city limits. Mayor Sawyer invited the Jarmins discussion. to stay for this Mrs. Stanhope said that an article in the Texas Municipal League magazine states that "a person commits a Class A misdemeanor when they recklessly discharge a firearm inside the corporate limits of a municipality having a population of 10,000 or more". 188 Mr. Spain said that unfortunately that was recorded wrong in the magazine, it is a population of 100,000 or more. However, he did point out that under general state law, the city has the power to regulate the discharge of firearms within the city limits. A city cannot regulate the transportation of firearms, owernership or things like that. Mrs. Stanhope said that for people that are interested in shooting, there are plenty of safe places where they can do that. Mr. Sweatt stated the wording of our ordinance on discharging firearms within the city limits. The second paragraph referred to an exception as follows: "Owners of agricultural land, or uninhabited land of ten acres or more, not adjacent to a densely populated area, are excluded from the provisions of Sec. 10-70, provided the bullet or other missile does not leave the boundaries of his land when discharged." He said we believe this provision was added to recognize some of the conditions in our city limits that are unique. There are portions of our city that have large tracts from 100 to 150 acres. These people would probably come to Council and argue that it would be ludicrous to not allow them to shoot snakes, birds, etc. on their unpopulated land. Mrs. Marsh felt the exception clause should be dropped from the ordinance. Mayor Sawyer said another problem is that, like in the area where Mr. Jarmin lives in Lone Oak Subdivision, the people that are shooting are outside the city limits so this becomes a county offense. There is no way a county officers will come out very quickly and we cannot enforce law outside our city limits. He said most residents that live in that are have complained about shooting. Mike Spain pointed out that the Council could also regulate the carrying of guns in certain places, like a public park. Mrs. Marsh said she was concerned about someone coming into her house because she would fire. Mr. Spain said there are two things that should be looked at. First, we would obviously want the police officer to still be able to discharge a gun if they needed to. Secondly, we would need to look at the question of a gun being fired in self-defense. Chief Agee commented that if someone discharged a weapon under those circumstances, law enforcement authorities would most likely not even prosecute for violating a city ordinance, because of higher charges that could be filed such as murder or aggravated assault. ~ ;, f) '1 , ~ -' -"'- '--" ~ Mr. Potempa said he had heard they were leasing land up on Schertz Parkway during hunting season. What concerns him is the safety of the residents. Too many times, you hear guns going off up around 13th row, in Tri County Industrial Park and behind Mobile Villa, especially during hunting season. He suggested amending the ordinance by removing Sec. 10-71 Exceptions so that we can all live in peace, without the fear of a stray bullet landing in our yards. Mrs. Marsh agreed that this should be removed. She suggested that staff review this with something to cover self-defense and anything for large tracts. However, she was in favor of just removing the exception without qualification. Mr. Greenwald advised that Comal County recently enacted a lO-acres provision stating the discharge of firearms had to be so many feet away from a platted subdivision. Mayor across limits. would be Sawyer from He the said all this would not stop the shooting River Road since that was outside the city suggested looking at annexing this area as this best way of solving the problem. #3 Discuss street light placement matters. Mr. Potempa advised that he had requested this be on the agendaj however, action has been taken to correct the problem. He complimented Mr. Sweatt on the fast action. #4 Discuss revocation of Excel Cable Franchise. Mayor Sawyer mentioned that everyone knew that Excel Cable has disappeared and Mr. Sweatt has suggested we revoke the ordinance. Council agreed. #5 Discuss recommendations for appointment to the South Central Texas Water Advisory Committee. Mr. Sweatt reminded that the new Edwards Aquifer Legislation has been adopted and creates, not only the Edwards Aquifer Board, but further creates a down-stream water user committee. This primarily is made up of counties and certain municipalities down stream from the Edwards Aquifer. They will advise and recommend to the Board on matters pertaining to the aquifer management. Guadalupe County is entitled to appoint one individual to that advisory board. We have been asked by Canyon Regional Water Authority and the City of Cibolo to consider appointing David Davenport to that board. We have discussed conflicts and now recommend you consider asking Guadalupe County to appoint Mr. Davenport to that committee. Mayor Sawyer asked if anyone on the Council objected to that recommendation, with Council agreeing to the appointment. "'! 0(\ " ,.;'., ,: Mr. Greenwald suggested that we ask Judge Sagebiel if they have anybody they are considering. #6 CITY MANAGER'S REPORT: A. Staff has prepared, and hope Council will agree to authorize the Mayor Signature on a contract with the Schertz Business Club for the 4th of July Jubilee. Council agreed. B. Reminded Council of information provided in the packet of the Retrofit program, which was brought to a halt by the Edwards Underground Water District General Manager, who stated they would not even give us time to clear those in the pipeline. C. Reminded of plans to move forward with the Texas Department of Transportation about the installation of the street name sign on 1-35. The Richard family has made arrangement through us for these signs to be placed. Mayor these State. Sawyer pointed out that Roy Richard is paying for signs so there would be no expense to the City or the #7 ITEMS BY COUNCIL: Mrs. Marsh - A. Reported on the Schertz Business Association meeting, saying money-wise they were doing pretty good right now. Mr. Sweatt had given the city hall report - they crowned Lisa Little as the new Schertz Sweetheart. As this was the last meeting before the Jubilee, they discussed that extensively. On July 1st there will be a ribbon cutting for Main Street Gallery at 6 p.m. B. The Economic Development Task Force met on June 17th and talked about the Business Appreciation Dinner, which is scheduled for September 16th. Apparently they have Senator Wentworth as the speaker. They spent a great deal of time talking about current development - if half of what looks good comes to pass, we are going to be in real good shape. She said things are really growing. Charles McDonald has a new business called "Texas Crafts". C. Mrs. project. Marsh asked the status of the Mobile Villa Mr. Sweatt said plans are essentially finished for the water, plans are about 45% to 50% through for sewer and the street plans are essentially finished. We will not be taking bids on the streets until the water sewer work is done. He said we should be able to start work in late August. Mr. Potempa said he would see everyone at the Jubilee. Mrs. Stanhope asked about the Animal Shelter. Mr. Sweatt said we have finished the asphalt in the parking lot, the fencing is essentially complete, the inside is complete, the brick has been delivered and is awaiting installation. We will have to make a minor change in the front door and front drain. Mr. Greenwald brought up about Randolph Air Force Base using Lower Seguin Road again. He said he counted approximately 25 trucks that day. There are huge pot holes in there and they are doing more damage. #8 ITEMS BY MAYOR: A. He said he had lunch with the Wing Commander and other Mayors in the area the day before. He said he talked with him about the situation on Lower Seguin Road. The contractors are using Lower Seguin Road to take construction waste off the base to the base's dump area. He told the Colonel that we would like for them to stop that. He mentioned that there is a gate at the end of the Golf Course that would permit easy assess but they do not use it. They said they thought they had solved that problem by using FM 78. Mayor Sawyer said but they turn down FM 1518 and go back down Lower Seguin Road. He suggested we pass an ordinance limiting the weight load to that of a school bus. B. The Wing Commander was also concerned about what he felt was rent gouging in this area. The young officers and enlisted men cannot afford the high rents. C. There is going to be something on the AICUZ in Seguin and Live Oak Civic Center in July. They have invited all interested citizens to attend one of these meetings. Exact dates and times will be available later. D. The Main Street Gallery, on July 1st between 7:00 and 10:00 p.m., will be having a two-man show called "Schertz Show" with the owner and Billy Keen. #9 meeting Sawyer. ADJOURNMENT: was declared There being no further business, the adjourned at 7:55 p.m. by Mayor 6"'7 1/ ~ r J ~:~:i:;;;;1:Ir~:x:s.. .. ATTEST: (~~ ~'<L-< Cit~~tary, city' of -Schertz