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ccreg 10-01-1996 REGULAR MEETING OF THE CITY COUNCIL OCTOBER 1, 1996 The Schertz City Council convened in Regular Session on Tuesday, October I, 1996 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, presidingl Charles McDonald 1 Joe potempa; Earl Sawyer 1 Timothy Swinney and Ken Greenwald. Staff present were City Manager Kerry Sweatt and City Secretary Norma Althouse. Mayor Baldwin asked everyone to rise and join him in the Pledge of Allegiance to the flag. Following the Pledge, Mayor Baldwin presented a Proclamation to Fire Chief, Johnny Woodward, declaring the week of October 6 through 12 as Fire Prevention Week. Mayor Baldwin then presented the Anna Moon volunteer of Year Award to Diane Wilson for her volunteer work at Animal Control facility for the past three years. award included a plaque and a $50.00 U.S. Savings Mr. Sweatt noted this award is given by the State Department. the the The Bond. Health #1 APPROVAL OF MINUTES: Regular Session 8-6-96 Mr. Swinney mentioned that on page 14, next to the paragraph, the word asked is repeated twice in a row. of the asked words should be deleted. last One Mr. Sawyer moved to approve the minutes of Session of 8-6-96. Mr. Greenwald seconded which carried with the following votes: AYES: Councilmembers McDonald, Potempa, Sawyer, Swinney and Greenwald. the the Regular motion, NAYS: None. #2 HEARING OF RESI....Il..u.:.: A. Leo Reyes of 1037 Sandy Ridge Circle expressed concern about the way Dover Homes are being built. He feels there is a lack of supervision. There are approximately 50 houses being built with only 2 superintendents at the location. Also, he appreciates the fact Dover builds fences for the homeowners, but they are cheap and flimsy. He would rather have had a better quality fence and put it up himself. He took some video of his house as it was being built and there was some real shoddy construction. He thinks Dover Homes should hire more people, not go to the lowest bidder, and make sure the workers know what they are doing. He had heard Schertz is real strict on code enforcement, but he thinks he still doesn't have insulation in one of his walls. He is not totally unhappy with his home, but still thinks Dover has a -1- problem with the lack of supervision. He wondered if someone from Dover Homes could meet with the homeowners face to face. Mayor Baldwin suggested the best thing for Mr. Reyes to do is go through the Homeowners Association. B. Ronnie Wolfe of 1004 Summer Haven Lane spoke at this time. He moved into his home in July of 1996 and had three sets of photographs for Council to see. The first set is his property, the second set is 1008 Summer Haven Lane which is currently under construction, and the third set is 1009 Sandy Ridge Circle which is the property directly behind 1008 Summer Haven Lane. He has a severe drainage problem that exists on his house and on three other lots. This is an ongoing problem and he has been trying to work with Dover Homes to get it corrected. He has dealt with the Vice-President of the corporation to no avail. He then wrote a letter to the President of the corporation, but has had no response. He finds this totally appalling and unacceptable in a business environment. The letter addresses a number of issues with the drainage being the main source of his problem. He sent notification to the State Attorney General's office, the Better Business Bureau, and the San Antonio Homebuilders Association to let them know this is a serious problem. He has been working closely with Leonard Truitt who has been very cooperative. The property at 1008 Summer Haven Lane has been pumped out three times because of the odor. There are serious mosquito problems and probably some major health issues. He is here tonight to let Council know about his problems. Mr. Wolfe went on to say he watched his house being built from the ground up. Dover supposedly builds a home through the model home standard which means their model home is supposed to be what your home looks like. His did not. He had to force a lot of issues with them. There's some misrepresentation involved. He had a meeting today with Dover Homes, Leonard Truitt, Steve Simonson and several of his neighbors. They had to hire an independent engineering firm to come out and determine that, in fact, there was a problem. Their warranty book states his property should have type A drainage and it does not. It has type C drainage. Type A means it drains from rear to front. His lot drains from all different directions or not at all. The book also says no standing or ponding of water should remain longer than 24 hours after a rain. His goes for weeks until he has Dover come and pump the adjacent lot. There are other problems such as debris piled allover. The City of Schertz has ordinances regarding unsanitary conditions with which Dover should comply. Mr. Wolfe said he is just trying to keep the City informed. Dover has started some correction, but it is a long, arduous process. This situation needs to be rectified. At the meeting today Dover was ordered to come up with a plan, in writing, of proposals for correcting the problem and a time line. According to the engineer's -2- report, Dover will have to obtain an easement for his property and several of his neighbors. An easement does not presently exist on his property. That's very disheartening to him. Part of his property will no longer be usable to him. He understands the Mayor and Mr. Sweatt visited his property. Mayor Baldwin acknowledged that and said he was shocked at the lot next door. Mr. Wolfe stressed that for the money he invested in his home, something needs to be done and within a short time frame. He said he would appreciate anything the City can do to help him. Mayor Baldwin indicated he would write to Eddie Franz, President of Dover Homes, and express his dissatisfaction. Mr. McDonald suggested that if they're not in compliance, the City close them down. Mr. Swinney wondered if the City has the option to shut them down and this prompted more discussion about all of Mr. Wolfe's problems. Mr. Wolfe thanked City Council for their time and consideration. Mayor Baldwin assured Mr. Wolfe they would do all they could to help him. C. The next person who signed up to speak was Watson Burnfield, former mayor of the City of Windcrest who is running for election to the Edwards Aquifer Authority Board, District 6. Part of Schertz is in District 6. There are nine candidates on the ballot for District 6. It's an important election and he has five years experience serving on a committee that dealt with surface water 1ssues. His phone number is 656-2494 for anyone who has questions and would like to hear his point of view. D. Nicole Jazombeck of Route 1, Box 222, Converse and Chris Blakeman of 108 Webster Drive, both officers of the Samuel Clemens Student Council, asked City Council to extend the curfew on October 18th to 1:00 a.m. instead of midnight due to the homecoming dance. Mr. Potempa asked if Council didn't grant this extension last year and was told by Mayor Baldwin they did. The consensus of Council was to grant the extended curfew from midnight until 1:00 a.m. on October 18th for the homecoming dance. Mr. Sweatt added that out of concern for the drought conditions, instead of a bonfire the students are going to have a program called "Light Up the Night." Ms. Jazombeck explained that everyone will have a rally in the stadium and will have flashlights or glow sticks and they will use these when the lights are turned off. Ms. Jazombeck and Mr. Blakeman thanked Council for the curfew extension. Larry Jones, County Treasurer, County Attorney, Bob Covington, and Judge Cinnamon all asked to speak under Item #5, the Resolution supporting construction of Guadalupe County Juvenile Probation Facility. -3- #3 R<...",..AL OF TERMS: Consider regarding renewal of terms for Commissioners. and take Planning and action Zoning Mr. Sweatt reminded Council the terms of Ernie Evans, Tony Moreno, Keith Van Dine and Merwin Willman will expire this month and all have expressed a desire to continue to serve. Mr. Greenwald moved to approve renewal of the terms of Planning and Zoning Commissioners Ernie Evans, Tony Moreno, Keith Van Dine and Merwin Willman. Mr. potempa seconded the motion, which carried with the following votes: AYES: Councilmembers McDonald, Potempa, Sawyer, Swinney and Greenwald. NAYS: None. #4 APPOINTMENT: Consider and take action regarding appointment to Schertz Economic Development Commission. Mr. Sweatt advised the Economic Development Commission consists of 12 members and they currently have a vacancy. The Commission has recommended the appointment of Stacy Ware. He is a Farmers Insurance agent, lives in Savannah Square and has expressed a desire to serve. Mr. Potempa moved to approve the appointment of stacy to the Schertz Economic Development Commission. McDonald seconded the motion, which carried with following votes: Ware Mr. the AYES: Councilmembers McDonald, Potempa, sawyer, Swinney and Greenwald. NAYS: None. #5 RESOLUTION: Consider and resolution supporting construction Juvenile Probation Facility. take of action regarding Guadalupe County Mayor Baldwin introduced the following Resolution A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, SUPPORTING THE BUILDING OF A MODERN GUADALUPE COUNTY JU~",.....LE PROBATION FACILITY IN SEGUIN, TEXAS. WHEREAS, the growth of Guadalupe County is increasing in population; and WHEREAS, the detention facility of the Guadalupe County Juvenile Probation Department is considered outmoded and inadequate to meet the needs of juvenile detainees both -4- at present and in the future; and WHEREAS, the City Council believes that a resolution should be adopted supporting the completion of the facility for detaining juveniles in need of supervision to be erected in Seguin, Texas; and WHEREAS, a plan providing a m1n1mum of 32 beds and related facilities has been developed; and WHEREAS, the Schertz City Council adopted Resolution No. 96-R-l expressing support for the completion of a planned detention facility for the Guadalupe County Juvenile Probation Department; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: THAT, the City Council of the City of Schertz hereby compliments the Judge and County Commissioners of Guadalupe County on the proposed plan and recommends the approval of the construction thereof by the voters in November 1996. Mr. than Judge Sweatt advised they have a larger copy of the plan was available at the workshop. He then deferred to Cinnamon and County Attorney Covington. Judge Cinnamon related that in the particular plan discussed at the workshop, there were questions that came up for which he did not have the answers. Mr. Covington has been speaking to various groups about the need for the facility and he is going to turn the floor over to him at this time. Mr. Covington commented that juvenile crime has exploded and it is a local problem. They need the juvenile detention facility to address the juvenile crime problem and make the probation system work. He appreciates Council's resolution. Mr. Covington explained the drawing of the proposed facility. It is a pod-type design and Area 1 will have a security desk in the control center with an officer who can see into all the pods. In addition there is a roving officer and during the day they have one officer who is responsible for eight juveniles. At night they are permitted to have one officer for sixteen juveniles. On each side of the control center is a suicide watch area. In addition there are two isolation cells used for runaways, not for criminal offenders. Area 2 consists of classrooms and areas for counseling sessions. Counseling is of prime importance in an effort to turn these juveniles around. -5- Studies show that the earlier a juvenile becomes involved with the juvenile probation system, the more often he will reoffend and the more often he reoffends, the likelihood is he will become an adult offender. Area 3 is the courtroom which can be used for adult offenders as well as juveniles. There will also be holding cells for adult holding. They are required to have sight and sound separation between adults and juveniles. The intention is to have a complete facility. Mayor Baldwin asked what the length of time is that juveniles stay in a facility like this. Mr. Covington replied that depends on the offense. Right now, because of lack of facilities, they try to process them as soon as possible. Violent offenders may stay 3-4 months then be sent off to TYC. When they are sent to TYC, this system loses complete control of them. The County probation officers can no longer talk to them. There is no TYC parole officer in Guadalupe County right now. Mr. Swinney referred to a proposed bill in the next legislature to treat all felons as adults and asked how that would affect this facility. Mr. Covington, saying he was not aware of that bill, didn't expect it would affect this facility that much if it were passed. He said, personally, he is not in favor of such a bill. Mr. Potempa inquired if they're floating a bond issue for this facility and if there's any opposition. Mr. Covington replied they are floating a 4.5 million dollar bond issue. He has spoken to many groups who are in favor of it, but there is some opposition out there. He feels even the opposition agrees we have a serious juvenile crime problem and something needs to be done. Mr. Swinney asked why such a dichotomy between the 2 million dollar figure the citizens advisory group came up with and the 4.5 million dollar figure being used now. Mr. Covington replied he wasn't sure. He doesn't know exactly which facility and which features were included in the 2 million dollar figure. Mr. Greenwald asked how long a 32 bed facility will last. Mr. Covington replied this is a compromise for him because he wanted a 48 bed facility. This should last for quite a while because the system will begin to work. This has a means for expansion and later on they could even put in a boot camp. Mr. Swinney questioned if the high expenses being incurred now to transport juveniles to other counties will go down. Mr. Covington replied he doesn't think they know what it will cost. The only time they'll really know that is when the contracts are let. The 4.5 million has a lot of extras in it and a lot of contingencies. The Commissioners may ~ -6- decide they don't want to spend money on some of the things right now. However, the money they have from the bond issue has to be spent on the facility. They can't go out and spend it on roads or something else. Mr. Sawyer asked if there was anyone from this end of the County on the committee that planned the proposed facility. It seems like they don't involve Schertz until it comes time to vote for something for the county. Mr. Covington replied he did not know. Mr. Sawyer then inquired if the boot camp is the $180,000 playground referred to in the newspaper article. Mr. Covington thought that may be a matter of wording as to whether it's a playground or an exercise area. Mr. Sawyer then mentioned a figure of $250 each for chairs and thought that seemed rather expensive. Mr. Sawyer went on to say that in the newspaper article Commissioner Ed Springs expressed the opinion he didn't think we should be treating these juveniles like angels when in reality they're devils. Mr. Covington denied they are treated like angels, but said a lot of them can be salvaged. Just because they do something wrong, they don't throw them out the window with the bath water. Mr. Sawyer asked Mr. Covington if he can clarify the $180,000 playground. Mr. Covington answered it is his understanding it is an asphalt area with a basketball court/recreational area and some kind of cover. Mr. Potempa asked how much television the juveniles are allowed to watch. Mr. Covington answered he thinks it's used as a reward, no more than two hours at the most. They don't just sit around and watch TV. A lot of the TV watching is educational tapes such as behavior modification. Mr. McDonald asked if the design is set in concrete. Mr. Covington replied it is not. The Commissioners can do whatever they want. Mr. McDonald then asked what's wrong with a steel building and a flat roof. We don't need a fancy brick memorial to someone. Mr. Covington indicated there was some discussion about a flat roof versus a peaked roof and they decided to go with a peaked roof for the long term maintenance. Mr. Swinney asked how many proposals they looked and if this was a rush decision. The taxpayers here in Schertz are all for juveniles, but they want to know what the options are. Mr. Covington mentioned the terms haven't even been decided yet. They don't know if they will go with a short term payoff or a long term payoff. Mr. Potempa asked Mr. Covington to take a message back to the Commissioners that when they have citizens advisory panels, there are people in Schertz who want to serve. -7- Council agreed there is a need for a juvenile facility. Mayor Baldwin thanked Mr. Covington for his presentation. Judge Cinnamon brought up the fact the facility they have now is certified on a temporary basis. They have received word from Austin that if this bond issue fails and/or the facility is not improved, the certification will be withdrawn. That means the County Commissioners or judges would assume full liability. At this time Larry Jones, County Treasurer, made his presentation. He said he would like to answer all the fiscal questions the Council asked Mr. Covington. Everyone would vote for cutting down on juvenile crime, but the problem with government is that cost becomes a factor. How many resources do you want to spend on one problem? He would like to address that issue and address the study committee. He has been friends with Judge Sagebiel for over ten years, but they differ on how you present something. People want to know how much this bond issue is going to cost them. A court room was built, with tax dollars, in 1988 to take care of an adult problem and has never been used for the purpose for which it was designed. The proposed courtroom is estimated to cost over half a million dollars and he has facts to show it will never be used. Hearings will be held in a probation office. The exercise area is just asphalt with a couple of basket ball courts and a covering and it supposedly costs $180.000. They don't want to put the students at Schertz Elementary under cover, but they do these juvenile offenders. Mr. Jones stated he has detailed plans and will be glad to being them for the Council to see. He commended the Council for doing their job and indicated the Commissioners Court did not do theirs. They had a choice. This has been a ten year battle. The information was late getting to them. The ballots were at the printers. They found out that morning it was 4.5 million. The morning before they thought it was anywhere from 1.8 to 2.5 million. That's why Ed Springs is mad. This does not need our support. It needs to be defeated. We need to come back in January or February and get a good facility. We need a facility, but not at this expense. This is three time the cost of State average. We do not need frills. He said his information is not negative, it is just information. He has the minutes of all the meetings. Mayor Baldwin told Mr. Jones he still hadn't answered the question of how this thing got inflated from 1.8 million to 4.5 million. Mr. Jones reiterated they added an exercise -8- area that is $180,000 and a court room that is $500,000 and other frills that ran up the cost. They started with a noble idea and then things got out of hand. There was a brief discussion on the number of probation officers, on how the rooms would be furnished, about the fact the ballots have already been printed and what would have to be done if the State withdraws its certification. Mayor Baldwin thanked Larry Jones for his presentation. Mr. Swinney commented they are not here to decide the merits of the money. His problem with the whole situation is that it gets so emotional. They all support the juvenile facility, but this is a matter of economics. He will vote no on the resolution as it is written. He cannot support the statement that they compliment or support the job that the County Commissioners and Judges did. He will vote for a resolution supporting the juvenile facility, but not supporting the job done by the County Commissioners and Judges. He proposed an alternate to the resolution. He suggested it all stay the same and they simply remove the last paragraph and say instead they fully support the juvenile probation center. Mayor Baldwin reminded Mr. Council passed a resolution outlined. Mr. Greenwald original resolution. Swinney that on February saying basically what he asked what's wrong with 21st just the Mr. with their McDonald suggested eliminating the paragraph starting "Whereas, a plan providing " - he doesn't like plan. Mr. Potempa felt the people of Schertz will not this bond issue. support Mr. McDonald moved to resubmit Resolution No. Mr. Swinney seconded the motion, which carried following votes: 96-R-1. with the AYES: Councilmembers MCDonald, Potempa, Sawyer, Swinney and Greenwald. NAYS: None. Mr. McDonald asked that we Commissioners, by letter, that we left out of the process and don't in cost . convey to the County are concerned about being appreciate the escalation Mr. Swinney asked that the County Commissioners be informed we are fed up with illogical taxes. -9- (1 #6 reading annuity ORDINANCE: Consider and of ordinance granting changes to TMRS. take action on first updated service/credit Mayor Baldwin introduced an ordinance and read the caption as follows: AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, AUTHORIZING AND ALLOWING UNDER THE ACT GOVERNING THE TEXAS MUNICIPAL RETIREMENT SYSTEM (TMRS), "UPDATED SERVICE CREDITS" IN SAID SYSTEM ON AN ANNUAL BASIS FOR SERVICE I,,~.....-..JED BY QUALIFYING MEMBERS OF SUCH SYSTEM WHO AT THE r.r r r.CTIVE DATE OF THE ALLOWANCE ARE IN THE EMPLOYMENT OF THE CITY OF SCHERTZ i PROVIDING FOR INCREASED PRIOR AND CURRENT SERVICE ANNUITIES FOR RETIREES AND BENEFICIARIES OF DECEASED RETIREES OF THE CITY; AND ESTABLISHING AN EFFECTIVE DATE FOR THE ORDINANCE. Mr. Potempa moved to approve the first reading ordinance granting updated service credit/annuity to TMRS. Mr. Sawyer seconded the motion. Before the vote, Mr. Sweatt reminded Council that while it does provide for an annual repeating basis, it can be voided by Council action. of an changes Mr. McDonald asked if a retired employee has to elect a beneficiary to get part of their pension and take a reduced pension. Mr. Sweatt answered when an employee chooses to retire, they designate their beneficiaries and it depends on the option they select. At this time a vote was taken and the motion carried as follows: AYES: Councilmembers McDonald, Potempa, Sawyer, Swinney and Greenwald. NAYS: None. Before moving on to Item #7, Mr. Sawyer wanted it on the record that Judge Cinnamon made a very good presentation last week at the workshop regarding the juvenile probation facility. #7 CITY MANAGER'S REPORT: A. Thanked Council on behalf of all the employees for the TMRS update. B. Informed Council October 14th is a City holiday in celebration of Columbus Day. Only the emergency services will be open. -10- #8 ITEMS BY COUNCIL: Mr. City staff. He hasn't noticed proliferation of illegal signs. Sawver: Complimented the any loose dogs lately or a Mr. Swinnev: Mentioned he glanced Pic-N-Pac on the way to the meeting and it had painted over the graffiti. He'll Morgan. briefly at the looked like they check with D.C. Mr. Greenwald: A. Stated someone needs to get hold of Mr. Gutierrez again because 5:30 a.m. is not the time to be banging dumpsters around at Clyde Ford Village. Along that line, Mr. Potempa commented someone needs to tell Mr. Gutierrez that those red bins in which they're collecting recyclables are not big enough. If there's a garbage can along side the red bin, they should dump it and not leave it there unemptied. Mr. Sweatt mentioned that in all the handouts they asked people to put newspapers in a brown bag. Mr. McDonald remarked they won't take the brown bag. Mr. Sweatt said they will empty the newspapers out of it. It's simply for them to see it since they run by so quickly. They consider that anything in a garbage container is garbage and not recyclables. If you have too many recyclables for the red bin, put them in something other than a garbage can. Mr. Greenwald noted he has been putting garbage on one side of the driveway and recyclables on the other and it has been successful. Mr. Potempa indicated that's not what he meant. The red bin is not large enough to hold recyclables from a two-week period and if you put recyclables in a different container and put them alongside the red bin, they won't even look in to see if it's recyclables, they assume its garbage. Mr. Sweatt reiterated the need to put additional recyclables in something other than a garbage can. Mr. McDonald interjected a comment at this point. He feels Dover Homes should be shut down until the problems being encountered by Mr. Wolfe and others is corrected. Mr. Sweatt explained Dover has ten days to come in with a plan as to how they are going to solve that issue. Their engineer has proposed regrading. He's not sure they will ever satisfy Mr. Wolfe. B. Announced that at the October 30th workshop there will be a couple of people here to discuss alternative water sources. Mr. Sweatt added that in that regard, they have authorized an attorney to notify the water authority that they are considering alternatives beyond the plan so it won't be a big shock when the idea surfaces at one of the Council meetings. Mayor Baldwin related he had attended a meeting last Wednesday in Comal County concerning the meeting that will be held tomorrow night in the San Antonio City Council chambers by the Edwards Aquifer Authority Board. They have -11- rewritten their procedures and policies that set the guidelines for use of water out of the aquifer. They have rewritten them to allow San Antonio to get out of this and penalize anyone like New Braunfels who has alternative sources of water. Someone has got to attend the meeting and tell the EAA the rules are stacked in favor of San Antonio and that the EAA Board is as rotten as anything that was ever put together. Mr. swinney announced that he had switched today from Paragon Cable to Cable Max. #9 ITEMS BY MAYOR: There were none. #10 EXECUTIVE SESSION: Called under Chapter 551 Texas Government COde, Subsection 551.074, Personnel Matters, to deliberate the appointment, employment, evaluation, etc. of employee. hour, the wanted other Mr. Potempa, because of the lateness of the to cancel the Executive Session, but Councilmembers wanted to go ahead with it. An Executive Session was held from 9:30 p.m. to 9:58 p.m. #11 Consider and take action, if any required, on above Executive Session. Mayor Baldwin reported Council completed it's evaluation of the City Manager and gave him a full vote of confidence. .12 ADJOURNMENT: On a motion by seconded by Mr. Swinney and unani meeting was adjourned at 10:00 p.m. potempa carried, and the a~ MayO?, City of Schertz, Texas ATTEST: ~ (If?:r4---<'/ City secretary, City of Schertz -12- ~ --.