ccswks 06-11-1997
SPECIAL WORKSHOP SESSION OF THE CITY COUNCIL
JUNE 11, 1997
The Schertz City Council convened in special Workshop
Session on Wednesday, June 11, 1997 at 7:00 p.m. in the
Conference Room of the Municipal Complex, 1400 Schertz
Parkway, Schertz, Texas. The following members were
present: Mayor Hal Baldwin, presiding; Councilmembers
Charles McDonald; Joe Potempa; Timothy Swinney and Ken
Greenwald. Absent: Councilmember Norman Agee, Sr. Staff
present were City Manager Kerry Sweatt and City Secretary
Norma Althouse.
#1 HEARING OF RESIDENTS: Joy Garland of 3712 Oglethorpe
stated she was here because she heard they were trying to
pass an ordinance that would prohibit smoking at the pool
and she's against that. Mr. Sweatt explained they are not
trying to pass an ordinance, merely a policy, prohibiting
smoking at the pool except by adults on adult night only.
Juvenile smoking is an unsafe practice.
Mrs. Garland commented she feels like she is being
punished because she smokes. Can you smoke on one side of
the fence and not on the other? Why not issue a permit
from the City designating whether or not smoking is
allowed? What about the trash from the concession stand?
She has seen more of that than cigarette butts from
juvenile smoking. Mr. Swinney pointed out it is a safety
concern and not an air quality issue and then asked Mrs.
Garland if a no-smoking policy would influence her
attendance at the pool. She replied it would. Mr.
Swinney, saying everyone has rights, acknowledged any time
you make a rule, someone is affected.
Asking Mrs. Garland to stay around for the discussion of
Item #8 (action to establish no smoking times at the
municipal pool), Mayor Baldwin then moved to Item #13 on
the agenda.
#13 EXECUTIVE SESSION: Called under Chapter 551 Texas
Government Code, sub-section 551.074, Personnel Matters, to
deliberate the appointment, employment, evaluation etc. of
employee.
An Executive Session was held from 7:05 p.m. to 8:39 p.m.
#14 Consider and
Executive Session.
take
action, if any, on above
No action was required.
#2 Discuss Resolution approving and authorizing
execution of an Interlocal Agreement for participation in
the Lone Star Investment Pool.
-306-
Mr. Sweatt recommended the City enter into this Interlocal
Agreement for participation in the Lone Star Investment
Pool. Both pools (this one and the next item agenda also)
allow separate accounts but all funds are commingled for
purposes of common investment and operational efficiency.
Monthly reports would be provided showing balances, yield
information and all account activity.
Mr. Sweatt went on to say the process will take 30-40 days
to have in place after approval of the Resolution. Once
that is completed, they could transfer funds into the
accounts and not have to maintain large C.D.'s. You can
move funds either way on a day's notice. Once everything
is working to the City's satisfaction, cash collection
could be moved to the pool on a daily basis. He recommends
working toward having zero balance checking accounts. That
would permit all City funds to be invested and only move
funds into the checking accounts to cover accounts payable
on a weekly basis and payroll biweekly.
Mr. Sweatt mentioned the overall yield being somewhere
around 5.7% and 5.8% and Mr. McDonald asked what the City
is getting on its money now. Mr. Sweatt replied an
average of 4.7%.
Mr. Swinney asked if the pool is covered by the Public
Investment Act and was told it is. He then wondered if
it's prudent to lock up the reserve funds. Mr. L.J. Cott
noted the pool is very solid - more people are getting into
it all the time. To that Mr. McDonald commented all but
SAFES, and was informed by Mr. Sweatt even SAFES would be
getting into it.
Mr. McDonald asked if
to the City and Mr.
accommodate the City
have competition when
depository agreement.
Council indicated their readiness for this item to be
placed on next Tuesday night's agenda.
the Schertz Bank will raise its fees
Sweatt replied they have tried to
regarding fees. However, they will
the time comes to seek a new
#3 Discuss Resolution approving and authorizing
participation in a public funds investment cooperative.
Mr. Sweatt pointed out this has basically the same
features and advantages as the previous agenda item just
discussed. He recommends approval of both Resolutions.
Council agreed this items should be placed on next Tuesday
night's agenda.
-307-
#4 Discuss Interlocal Agreement between the City of
Schertz, The City of Seguin and Guadalupe County for
economic deve10pment matters.
Mr. Sweatt related this agreement has to do with the
distribution of money found by the County on unclaimed
capital credits. It could be used only for matters
relating to economic development. The money would be split
between the City of Schertz and the City of Seguin. Each
would receive $11,283.07. In as much as these funds mayor
may not be recurring, the expenditure of them would not be
committed to recurring expenses in case the funds were
not available in future years.
Council indicated they were ready to go with this item for
placement on next Tuesday night's agenda.
#5 Discuss
property.
personnel
policy
regarding abandoned
Mr. Sweatt had provided Council with a copy of the
following proposed addition to the personnel policy:
"If during the course and scope of employment, a City
employee locates, obtains, or otherwise comes into
possession of any property of any kind of more than nominal
value ($5.00 or more) including but not limited to animals
or goods, where such property is abandoned, unclaimed, or
the owner is undeterminable, such property shall be taken
into custody by such employee on behalf of the City, for
the purpose of disposition in accordance with City Code,
Policy andlor Ordinance. An employee locating, finding or
possessing such property shall promptly notify hislher
supervisor for proper disposition of the property. The
supervisor shall take custody of the property and then
promptly transfer custody to the proper City department or
authority for disposition.
It shall be a violation of this policy for an employee to
claim or convert any such property for their personal use
or the personal use of others or acquiesce in or
participate in any such activity by another employee.
Violation of this policy will subject such employee to
disciplinary action, up to and including termination of
employment."
Mr. Sweatt observed it seems like common sense to add this
policy to the Personnel Manual.
Mr. Swinney asked how this will be transmitted to the
employees and Mr. Sweatt answered each department head
will provide a copy to their employees and the change will
be posted on bulletin boards throughout City facilities.
-308-
Mr. McDonald inquired if there will be an evidence trail
and an inventory and Mr. Sweatt replied yes there will be.
Mr. Potempa questioned why not just turn the property into
the Police Department. Mr. Sweatt explained not
everything goes to the Police Department - it depends on
what it is. Mr. Potempa then asked who specified the
value and Mr. Sweatt replied they just picked a figure and
went with it.
Mr. Swinney inquired about a time limit for turning in the
property and Mr. Sweatt answered the proposed policy says
promptly. Mr. Swinney then suggested specifying within
three business days.
Council indicated they were prepared for this item to be
placed on next Tuesday night's agenda.
#6 Discuss revision to personnel policy regarding
nepotism.
Mr. Sweatt had provided Council with a copy of the
following proposed addition to the personnel policy:
"Members of an employee's immediate family will be
considered for employment on the basis of their
qualifications. Immediate family may not be hired,
however, if employment would:
* Create a supervisorlsubordinate relationship with a
family member;
* Have two (2) immediate family members employed in the
same department;
* Have the potential for creating an adverse impact on
work performance; or
* Create either an actual conflict of interest or the
appearance of a conflict of interest.
This policy must also be considered when assigning,
transferring, or promoting an employee. For the purposes
of this policy, immediate family includes relationships of
the following nature: mother, father, son, daughter,
sister, brother, mother-in-law, father-in-law,
sister-in-law, brother-in-law, son-in-law, daughter-in-law,
and step-child.
If one of the conditions outlines should occur, attempts
will be made to find a suitable position within the City to
which one of the employees will transfer. If
accommodations of this nature are not feasible, the
affected employees will be permitted to determine which of
them will resign.
-309-
Situations covered by this policy which existed prior
September 15, 1997 are exempt from this policy."
to
Mr. Sweatt informed Council a situation regarding
marriage of two employees has occurred twice in the
and they would like to prevent it from happening in
future.
the
past
the
Mr. Swinney asked if this is retroactive and Mr.
answered it is not - it is date certain.
Sweatt
Mr. Potempa expressed dissatisfaction with the policy. He
than asked how about making them sign a statement that they
won't marry.
Mayor Baldwin suggested adding spouse to the list of
immediate family.
Mr.
Mr.
feel
Potempa inquired if this policy can be challenged and
Sweatt answered the lawyers feel it can be won. They
it will stand up to a challenge in court.
The consensus of Council was that the policy is necessary.
They were ready to go with it for inclusion on next Tuesday
night's agenda.
#7 Discuss revision to the Code, Chapter 12 1/4,
Nuisances, Article II, Noise.
Mr. Sweatt reminded Council they have a copy of the letter
from Mr. Leonard Truitt, Building Official, talking about
increased construction and complaints of violation of the
nuisance ordinance due to construction, especially on
weekends. Currently contractors are not allowed to work on
weekends and Mr. Truitt is recommending a revision to the
Code to allow them to work on Saturdays from 9:00 a.m. to
4:00 p.m. Mr. Sweatt said, in his opinion, neighborhoods
are noisy anyway on Saturdays with people mowing, children
playing, etc.
Mr. Truitt's recommended revision is as follows:
"The erection, including excavation, demolition, alteration
or repair work on any building, other than between the
hours of 7:00 a.m. to 6:00 p.m. on weekdays and 9:00 a.m.
to 4:00 p.m. on Saturdays, except in case of urgent
necessity in the interest of the public safety and
convenience, and then only by permit from the City Council,
which permit may be renewed by the Council during the time
the emergency exists."
Mr. Truitt feels this revision creates a more fair and
enforceable ordinance allowing contractors the ability to
extend their hours of operation without threat of being
shut down or cited.
-310-
Mr. Potempa asked about letting them work on Sunday and
Mr. Sweatt explained they can be cited for that.
Mr. Swinney asked if the City is expecting a
backlash and Mr. Sweatt replied yes, especially
particular citizen in Savannah Square.
Mr. Greenwald wondered why limit them to 9:00 a.m. till
4:00 p.m. Why not make it 8:00 a.m. till 5:00 p.m.?
After discussion by Council, the consensus was to make the
Saturday hours 9:00 a.m. till 5:00 p.m.
citizen
from a
Council agreed they were ready for this to be placed on
next Tuesday night's agenda.
#8 Consider and take action to establish no smoking
times at the municipal pool.
Mr. Sweatt advised, that as was discussed at the workshop
last week, they are experiencing problems at the municipal
pool with juvenile smoking and complaints regarding smoking
during operating hours.
They would like for Council to approve a policy that would
establish no-smoking at the municlpal pool except for those
persons over 18 years of age, and then only on Monday
nights.
Rather than establish a fine or citation, they recommend
violators be asked to leave the premises for a minimum of
one day.
After discussion by Council, It was decided they would like
to have the policy say no smoking at any time, not even by
adults only on Monday nights, within the fenced area of the
municipal pool. They would like for the City to designate
a place outside the fenced area, and within view of the
pool, for people to smoke. This would give smokers a place
to go and give smoking parents a place where they could
smoke while still being able to see their children.
#9 Discuss proposed business retention letter for the
Economic Development Commission.
Mr. Sweatt related the Economic Development Commission,
for the last several months, has been reViewing the merits
of a Business Retention Program. The initial stage of the
Program would be for those businessmen on the Commission to
be the first to go through the process. After evaluation
of the results, additional businesses will be included. To
support the effort, a survey of commercial firms will be
conducted under the sponsorship of City Council and the
Economic Development Commission.
-311-
One of the vital aspects of this kind of program is to have
the visible support of elected officials. The Commission
has drafted a letter to be signed by the Mayor. Council
received a copy of the letter in their packets.
Council thought
for this item
agenda.
it was a good idea and gave their blessing
to be included on next Tuesday night's
#10 CITY MANAGER'S REPORT: A. Announced the bond
support committee will meet at 7:00 p.m. Monday in the
library conference room. Dickie Day has been very active
on this committee and wants staff there to answer
questions. Mayor Baldwin commented Council also needs to
get involved.
Mr. Sweatt remarked the bond committee would like to have
a booth at the 4th of July Jubilee, but SBA is in sort of a
quandary because a couple of years ago they denied a
request from George Mower to set up a booth for his
political action committee.
Mr. Swinney thought maybe they could avoid trouble if the
bond committee set up their booth strictly as an
educational project versus a political promotion.
B. Referred to the flooding situation on June 9th and said
at 11:45 a.m. water was over the bridge in Pecan Grove,
but by 3:00 p.m. the emergency was over. Mayor Baldwin
thanked the staff for their efficiency.
C. Mentioned the article in the Herald newspaper about a
change in area codes for Schertz. Some of the region may
go to an 830 area code, but he's still looking into it and
is confident most of the City will remain in the 210 area
code.
D. Reported the EAA has set their fees at $11.00 an
foot and it looks like the first year will cost the
(including a 3% discount) about $14,000.
acre
City
#11 ITEMS BY COUNCIL: ~r. Greenwald: A. Distributed to
everyone an article about Senate Bill 1. Commented Bill
West of CRWA contends they are not selling water rights,
just selling water. CRWA is proceeding with plans to
quadruple their plant.
B. Asked Mr. Sweatt if he had heard from Crockett Camp
regarding the groundwater study and Mr. Sweatt replied he
had not been able to get in touch with him.
Mr. McDonald: Noted the detention pond at the end of
Dimrock was full the day of the flooding incident and
almost went over the spillway. Also, the drain plug needs
to be cleaned out.
-312-
Mr. Sweatt asked Mr. McDonald about the ditch behind his
house and how it did and he replied it was full and
flowing.
Mr. potemoa: A. Mentioned the lot at IH-35 and Plaza
Drive needs to be cut.
B. Also stated the streets in Mobile Villa are muddy and
need to be cleaned.
C. Reported that since the first of the year we have had
30.26" of rain.
Mr. Swinney: A. Inquired about the status of doing
something with the alleyway in Lone Oak beside Mrs.
Stegink's house. Mr. Sweatt replied they are working on
an estimate of what it would cost to put something in there
to solve the mud problem.
B. Wondered if there's an issue with the Mexican cemetery
behind Lone Oak. Mr. Sweatt related Lupe Del Toro owns
the property and has been filling it in for years. Mr.
Del Toro called him and told him what he wanted to do (put
in more fill) and knew it would upset the homeowners in the
area. Mr. Sweatt suggested he talk it over with the
homeowners.
C. Reported a serious problem with potholes by the Dairy
Queen and by the pizza Hut. Mr. Sweatt acknowledged if it
were the city's street, they would patch them, but FM 78
has to be done by the State.
D. Asked Mr. Greenwald if he knew anything about a
storage facility going in next to the Knights of Columbus.
Mr. Greenwald answered it was not compatible with what's
there and it didn't meet the requirements for a public
hearing. He would have to look at the minutes to get the
exact details.
E. Noted Dickie Day has been doing a good job as far as
getting information out about the bond issue - even Jerry
Graham liked it.
Speaking of Jerry Graham, Mr. Potempa said he is the new
commander of the American Legion Post.
#12 ITEMS BY MAYOR: A. Told Council that Friday at
ll:30 a.m. is the grand opening for T.J.'s Connection at
the caboose in Riedel's parking lot. Mr. McDonald asked
the status of T.J.'s and Mr. Sweatt answered she was
granted a temporary Certificate of Occupancy while the City
researches the ADA standards.
B. Announced also that there is a reopening at 9:30 a.m.
Saturday for Kountry Krafts at Riedel's.
-313-
C. Related General Trexler is going to Italy and there
will be a ceremony for him on June 20th at 2:00 p.m. at
Randolph.
#15 ADJOURNMENT: On a ~otioQ by Mr. Potempa, seconded
by Mr.McDonald and unanimously carried, the meeting was
adjourned at 9:45 p.m.
f
-.
Mayor, City of Schertz, Texas
ATTEST:
~}'UL- ~~
City Secretary, City of Schertz
-314-
. -------