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ccswks 07-11-1990 0,1["3 b~{h SPECIAL MEETING OF THE CITY COUNCIL JULY 11, 1990 The Schertz City Council convened in Special Workshop Meeting Wednesday, July 11, 1990 at 7:00 p.m. in the Conference Room of the Municipal Complex, 1400 Schertz Parkway, Schertz, Texas. The following members were present: Mayor Pro Tern Ken Greenwald: Councilmembers Potempa, Baldwin, Stanhope and Marsh. Absent: Mayor Earl W. Sawyer. Staff present were City Manager Kerry R. Sweatt and City Secretary June G. Krause. # 1 Presentation of Certificates in recognition of float committee and Jubilee Chairman. Mayor Pro Tem Greenwald said it was his extreme pleasure, in the absence of the Mayor, to present certificates to the float committee. He then called forward the following listed people and presented each with a certificate: Jerry Graham, Richard Lerche, Russell Wagster, Connie Silvers, Joyce Daby, Debbi Williams, Dennis Kusak, Bill Neller, Gail Douglas, Joe Potempa, Dennis Little and James Bernal. Mr. Graham commented that the people who did the hard work in making the float were Mr. Wagster, who did all the welding and designing of the undercarriage; Mr. Little, who designed all the wood working and carpentry work; Mr. Neller, who did the Business Club logo and Mr. Lerche - the City logo. He said he felt he had an outstanding committee and they deserve all the thanks. Mr. Greenwald then presented Mrs. Anita Clark with a plaque for her hard work on putting together a super July 4th Jubilee. Mrs. Clark said the Jubilee was the combined effort of the Schertz Business Club and the City of Schertz. She reminded us that the motto of the City is the "Friendly City" and as the City grows and the Jubilee grows, we will show our community that friendliness. #2 HEARllfG OF RESIDElfTS: Mr. Bill Neller: A. Recalled that at previous meetings, there was discussion of recycling. He asked if anything had been done in this area. Mr. Greenwald advised that the City is working with Henry Gutierrez and there is a dumpster type recycle program in progress at the old landfill site starting this month. Mr. Greenwald reminded Mr. Neller that Committee, who after several meetings, recommendations. we do have a Recyc 1 i ng came back with their Mr. Sweatt went over several of the recommendations with Mr. Neller and suggested that he talk with Ms. Douglas to get all the details. \~ /'. 264 Mr. Sweatt also advised that we are in the last months of our waste disposal contract right now and that will be part of the renewal specifications. B. Mr. Neller also said that in his youth, the City in lived set up a City Government function, which activities for children to keep them off the streets. if Schertz was going to do something like that. which he prOVided He asked Mr. Greenwald said there is now being set up a of course BVYA has approximately 460 children baseball/softball program. BVYA also has a program. YMCA program and involved in the fall basketball Mrs. Marsh said that is in the City Plan for the future and it takes a lot of planning. It was tried before and did not get off the ground but it is in the plan. Mr. Greenwald also suggested there are super library programs for youth available. 2. Mr. Hallenberger, of 5213 Irola, said he has had some problems with the City Inspector. He had pictures shoWing problems as he saw them. He said the Telephone Company came in and put cables under ground last winter and cut through streets and they have never been filled. He then talked with the Inspector and was told that was up to the Highway Department and he would check into it. That was on the 28th of .June and Mr. Hallenberger checked back with the inspector on .July 2nd and still nothing. He said he could not figure out why they were not filled in when they did fill in the private drives and the Parkway was filled in. He said he called the Highway Department and was told that any time the Telephone Company cut for cable, they were to leave it in the original condition in which they found it. He then called the Telephone Company and they have promised to fix it. Now he wonders why they do not get any recognition out in Mobile Villa. He then pointed out long time unfinished buildings, old vehicles with no identification, etc. He said the inspector has never answered his call. Mr. Greenwald advised that Mr. Potempa has brought up these items and that our inspection department has been short-handed for some time. Mr. Sweatt said that the unfinished bUilding, although it may not be attractive, does not violate a city ordinance. As to the trailer, there is not a city ordinance that prohibits the parking of this trailer. He said he knew that the inspector has been there but this does not violate a city ordinance. Mr. Hallenberger said the trailer was brought in without any license. Mr. Greenwald said that unless the police officer catches him on the road without plates, he can not ticket the man. ""6""" :t:. D Mr. Sweatt said that the inspector has been there on both occasions and there is no violation of the city ordinances. Mr. Sweatt added that if Mr. Hallenberger would call him, he would be happy to check into this further. Mr. Hallenberger asked if there was not a time limit on building permits. Mr. Sweatt said a permit is good for a period of six months; however, the fact that a person doesn't continue to do the work, does not violate any ordinance - only if he begins again without a permit. Mr. Greenwald suggested letting Mr. Sweatt do some checking with the inspection department and he would get back with Mr. Hallenberger. Mrs. Marsh said she has never liked the ordinance that has no time limit on finishinq a project. She felt there should be something in the ordinance giving a time limit for finishing it. Mr. Hallenberqer showed a picture where it looks as if bricks are holding down the roof on a shed, which is an unsafe condition. He said there are sheds stuck right up to the fence allover out there and before the city annexed them, the property owners could and did take care of these problems. Mr. Sweatt reminded him that deed restrictions are not enforceable by the City but still are by the residents. He said he would check to see if they have a properly issued permit. 3. Mrs. Coralee Fenner advised that the Schirmerville residents were going for CDGB funding for their area. They had asked for $100,000 and have been tentatively granted $35,000. She said she was asking the City to write letters congratulating them on their fine work or whatever. She said their people would be sending letters also. Mr. Sweatt said they are still analizing what will have to be cut from the project. Basically, what will be cut is 16 to 18 fire hydrants and that is pretty severe. He felt any letter has to state that they are really makinq substantial reductions to our ability to fight fires in the area. Mr. Greenwald sugqested making this a part of our comments to Judge Vickers. MAYOR SAWYER ARRIVED AT 7:30 P.M. 13 Discussion of the final readinq of an ordinance revising the Code of Ordinances, Article IV Mandatory Water Conservation, Section 19-81 (a). Mayor Sawyer asked Mr. Sweatt to report on a very important meeting they had attended on the Edwards Acquifer. \ ~ 266 Mr. Sweatt said the meetinq was called by the Mayor and City Manaqer of San Antonio to call on all water purveyors and City Utility Companies in Bexar County. It was discussed by the City of San Antonio about the chanqes that are proposed in their water manaqement ordinance and they discussed what other actions needed to be taken. They also discussed the litiqation on the endanqered species, as well as the Guadalupe/Blanco River Authority lawsuit. The discussion centered around the chanqe by the City of San Antonio from their earlier requlations reqarding water conservation practices. Bottom line to their chanqes basically are to do similar requlations to those which we have proposed to Council. There are a couple of very noticeable differences and at least one of those has enough merit that we propose that we at least look at a chanqe to our own ordinance before its effective date. One of the chanqes the City of San Antonio will make, that is already in our ordinance, is to key in to the well level only, instead of the many complicated formulas in the past. The elevation level in our ordinance is 628 feet at Stage 2 and qoes from voluntary to mandatory. Most plans in the area will all be keyed to the 628 foot level in Staqe 2. Our proposed ordinance, that was passed on first readinq, prescribes that existing and new landscaping is watered only once every five days. That recommendation came from the Edwards and the Texas Water Commission. The City of San Antonio, instead, has desiqnated waterinq days. We are recommendinq that we chanqe to lanquage that would allow two days out of the seven days and would be tied to the house numbers on the odd/even arranqement. It would be keyed to the Sundays and Thursdays for the odd numbers and Tuesday and Saturdays for even numbers. Commercial Businesses on Mondays and Fridays. Mayor Sawyer said the reason is that this will be easier to control. We feel the Edwards people and the State will approve this type of plan. Our ordinance really looked qood. Mr. Greenwald said if we qo with some standardized way of requlatinq this, it will be easier for everyone to understand. Mr. Sweatt said our staff has been handing out the water wheel since we hit Stage 1. This was provided by the Edwards and qives a number of ways to conserve. We would 1 ike to develop a synopsis of our ordinance to hand out across the counter and post it at a number of business locations to make people aware of the requirements before we are in the mandatory part of the ordinance. The passage of the ordinance cannot take place before the 17th of July and with publication requirements, it will be near the end of the month. We suggest that we include in the final readinq of the ordinance the effective date of 1 Auqust 1990. We will enqaqe in handing out warninqs to apparent violators for at least two weeks before we move into any sort of ticketing arranqements. ? (~Fj' ",,,,,f) Mr. Sweatt added that one of the positive outcomes of this meeting was that the City of San Antonio, for the first time, has recoqnized that there are some 150,000 people outside their city 1 imi ts that have a lot to do with things they talk about. He said they would be meeting once a month in various cities to look at various water supply possibil i ties and regional codes that might encourage water conservation. Hopefully this is the first step in communication between the core city and suburban cities. Mayor Sawyer said he felt our ordinance is in good shape with this recommended change; and if there were no objections I he would ask that it be on the next agenda for passage. #4 Discussion of an ordinance amending the Code of Ordinances by revising Section 13-14 Peddlers I and Sol icitors I Permits (b)(7) and (e). Mr. Sweatt advised that this is more of a housekeeping matter. He said that attached to the packet was a revised application for a permit. Among the things we were asking of the applicant was the question "were you ever convicted of a felony?". People were slipping through the grid with some kinds of arrest and misdemeanor matters that are of a serious enough nature that we should not issue a license for them to go out in the neighborhoods soliciting door to door. This issue has been tested about how much authority can a local entity have on inter-state commerce. The City Attorney believes if they sign this application that is being proposed, we can solicit that information legitimately. Mr. Potempa suggested that on item #12 where it says "List cities where you worked in last 30 days" - that should be changed to 90 days to give us more control. Council agreed with this change. #5 Discussion of an ordinance amending the Code of Ordinances Chapter 10 by adding Article VI Garage Sales. Mr. Sweatt said we believe this proposed ordinance embodies those comments and directions we have had from Council. He suggested additional changes from the ordinance submitted. Those being any place where the words "Garage Sale Permit Sign" is written, it be changed to read "Garage Sale Sign". The word "permit" being redundant. Also under Section 10-102 c., where it says the owner or lessee of the residential property, strike the word residential,as there are times when the sale will be conducted on commercial property. Also in Section 10-104, we need to make it clear that it is a maximum of two officially authorized sale signs that may be placed on any private property. Then probably add a sentence that says "Additional signs advertising the garage sale are expressly prohibited" to make sure it is clear. On Section 10-106, change the wording to read "It shall be unlawful for any person, firm or corporation to hold more than two (2) garage sales per calendar year". We suggest a period of warnings and notices, once that is adopted by the Council. We will place \ \ \~ K 268 an article in the newsletter and perhaps send letters to those that have held garage sales to let them know of this change. Mayor Sawyer said if there were no further comments, he would asked that this be on the next agenda for action. #6 Discussion of Beck Readymix Concrete request for a type IV landfill. Mr. Sweatt mentioned the letter from Beck Concrete which basically is in response to question of the flood plain conditions. Notices have been sent to residents of the area and only two responses have been received at this time. The public hear ing will be held at the next Council meeting and at that time, we think Mr. Davis is goinq to ask Council to consider removing the City's request for a formal hearing before the Texas State Health Department. The only comment received is that the man had no problem with the landfill, but just wanted to be sure of enforcement. #7 Discussion of Planning & Zoning recommendation to schedule the request from Rick and Rita Saenz for public hearing. Mr. Greenwald said the present house on this lot would be removed and a new one built. They are asking for an 8 foot variance to the front-yard setback line. Mayor Sawyer asked if anyone had any objection to holding the Board of Adjustment Hearinq on August 7th as recommended. Council concurred with this date. #8 CITY MANAGER'S REPORT: A. Included in Council packets is a copy of the study done by Mark Marquez concerning recyclinq, as presented to the Recycling Study Committee. B. The City has closed the deal on the Coy Simmons property for the right-of-way and open-space area along FM 3009 as part of our property acquisition. We have been cautioned to not refer to this property as a park, it is open space. #9 ITEMS BY COOIICIL: Mrs. Marsh asked if the City was starting to think about kennels. Mr. Sweatt said our next step is to bring forth to Council some recommendation on sites; and after that discussion, we have some general recommendations on building. Mrs. Marsh said she was thinkinq along the lines of meeting with some of the Council who had knowledge of kennels to sit down to go over the plans to be sure it was right. It would be very good if it could be finished by December because of the terrible conditions at the present shelter. ..~n uu Mayor Sawyer said he did not feel it possible to have it by winter. To really be effective, we need to be careful and reall y looked at it and get something that will really protect the animals. We are in the process of finalizinq plans. We have to look at sites, because if we can use City owned land, we could spend the $100,000 on the building and have a much better facility. Mr. Greenwald suggested talking with Katherine Tulle, who is the Regional Veterinarian for the State. The last time she was here, she offered plans and ways of building a shelter. Mr. Baldwin said he thought the location was already selected. Tear down the Street building at the City yard and build it there. Mr. Potempa said when the Citizen Leadership Panel was working on the City Plan, a lady from the Regional Humane Society presented them with a set of plans for a structure. The Panel did qo alonq with this plan. Mr. Sweatt said he has a number of plans, although he is not sure where they all came from. He said one of the thinqs they have looked at is that the Scout Hut now has very little parking. He said we might build closer to that building so that we could use the parking during the day and they could use it at night. B. Mrs. Marsh said she would like to thank the Councilmembers and their spouses for the good work from EDTF for the 4th of July. She said she thought they took in about $657. It was well worth the effort. C. The Swim Team won the meet at Camelot: and this weekend they will be at Windcrest. There will be a tri-meet on July 28th. Mr. Potempa: A. He first thanked everyone for supporting the July 4th Jubilee. Then he announced that since Mrs. Bulgrin made a profit of about $1100 on the food, she has invited everyone to the Kountry Kitchen for free lunch at the Business Club meeting on the 4th Monday of this month. B. Humane Society met on Monday - very quiet meeting. He passed out flyers on the Jamboree that is coming up. Dog Dip will be on the 14th of July. The first Monday in September there will be an election of new officers. Channel 5 has agreed to tape a spot on Time to Care. The Human Society has decided to pay for water troughs at the new pound. C. American Legion Post 610 had their reorganization meeting the previous day and elected new officers. Mayor Sawyer added that they are trying to reorganize, as they do not want to lose their post in Schertz. They would like for more people to attend and get involved. They will meet the second Tuesday in August at Clyde Ford Village. \~ A 270 Mayor Sawyer said he did not feel it possible to have it by winter. To really be effective, we need to be careful and really looked at it and qet somethinq that will really protect the animals. We are in the process of finalizinq plans. We have to look at sites, because if we can use City owned land, we could spend the $100,000 on the buildinq and have a much better facility. Mr. Greenwald suqqested talkinq with Katherine Tulle, who is the Reqional Veterinarian for the State. The last time she was here, she offered plans and ways of buildinq a shelter. Mr. Baldwin said he thouqht the location was already selected. Tear down the Street buildinq at the City yard and build it there. Mr. Potempa said when the Citizen Leadership Panel was workinq on the City Plan, a lady from the Reqional Humane Society presented them with a set of plans for a structure. The Panel did qo alonq with this plan. Mr. Sweatt said he has a number of plans, althouqh he is not sure where they all came from. He said one of the thinqs they have looked at is that the Scout Hut now has very little parkinq. He said we miqht build closer to that buildinq so that we could use the parkinq durinq the day and they could use it at niqht. B. Mrs. Marsh said she would like to thank the Councilmembers and their spouses for the qood work from EDTF for the 4th of July. She said she thouqht they took in about $657. It was well worth the effort. C. The Swim Team won the meet at Camelot; and this weekend they will be at Windcrest. There will be a tri-meet on July 28th. Mr. Potempa: A. He first thanked everyone for supportinq the July 4th Jubilee. Then he announced that since Mrs. Bulqrin made a profit of about $1100 on the food, she has invited everyone to the Kountry Kitchen for free lunch at the Business Club meetinq on the 4th Monday of this month. B. Humane Society met on Monday - very qUiet meetinq. He passed out flyers on the Jamboree that is cominq up. Doq Dip will be on the 14th of July. The first Monday in September there will be an election of new officers. Channel 5 has aqreed to tape a spot on Time to Care. The Human Society has decided to pay for water trouqhs at the new pound. C. American Leqion Post 610 had their reorqanization meetinq the previous day and elected new officers. Mayor Sawyer added that they are tryinq to reorqanize, as they do not want to lose their post in Schertz. They would like for more people to attend and qet involved. They will meet the second Tuesday in Auqust at Clyde Ford Villaqe. 271 Mrs. Stanhope: A. The Reicherzer I s are having problems with dogs running loose at night. She said she had talked with Mr. Sweatt but still wondered if there is not something that can be done. Mr. Sweatt advised that he had talked with her and she wanted him to have the Animal Control Officer out at 2 or 3 o'clock in the morning and he did not feel that was appropriate. He told her we do change the hours of patrol of the Animal Control Officers per iodicall y. We do not usually callout the Animal Control Officers unless it is an emergency. Mrs. Stanhope suggested that if our police officers saw animals in that area, they could call. Mr. Sweatt advised that we would have to pay overtime for that. Mayor Sawyer suggested we find out if the Reicherzers will allow us to set an animal trap on their property. This way we will at least show we are trying to do something. B. Attended a Housing Authority meeting and the legal bill sent from the City is being worked now. It has to go through HUD and will take a budget revision so it might take awhile. C. Mrs. Stanhope asked how many other people's vehicles got shot at the previous night. She commended the young police officer that took her report as being very professional. Mr. Baldwin: A. Have received several phone calls about the construction project at Schertz Elementary, there will be windows in the wall on Curtiss street. B. Also had a call saying that several ladies usually jog on the football track and the last 3 or 4 mornings it has been dark and she wondered why. They have dropped all four of the towers and are going to change the lights and put them back up. ApparentlY they cut the power off to the whole football field. Mr. Greenwald: A. Attended a CVADAC meeting Monday and they have been informed that they do have United Way funding in the amount of $6600 for this year. They have also received favorable recommendation from AACOG for a Texas Council on Alcohol and Drug Abuse grant for about $47,000. There will be another seminar on the 19th of July at 7 p.m. at the Library on "Addictive Relationships". B. Mr. Simonson, at the last Planning & Zoning Meeting, showed the revised FEEMA map - after about four years of protesting - and it still is not right but is getting very close. Mr. Potempa expressed appreciation to two of our police officer. He said that Saturday morning he was struck by a drunk coming off 1-35. He said the professionalism displayed by Sgt. Zambrano and the other officer was truly outstanding. \" ^ 272 Mr. Greenwald said he would like to put in a good word for Officer Terry Smith. He got home Tuesday and had some obscene messages on his answering machine. Terry Smith was very nice and said he thought he recognized the voice. Mayor Sawyer said he was getting nothing but good reports on our police department. #10 ITEMS BY MAYOR: A. He said he went to the Swim Meet on Saturday and they had a very good crowd. He said one woman mentioned to him that she did not think we were charging enough for gate admission to the swimming pool. B. He asked how we are doing on the sales tax. Mr. Sweatt said we are about 1% below last year. We are overall about 4 or 5% ahead of last year and about 2% behind our expectations for this year. C. He asked if we have bought that bUilding yet. Mr. Sweatt said it is in the hands of the Title Company. We intend to close on the 16th of this month. *11 ADJOURRMEBr: Mayor Sawyer declared the meeting to be adjourned at 9:08 p.m.. ATTEST: