ccswks 06-30-1993
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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.
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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.
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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
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