ccreg 06-17-1997REGULAR MEETING OF THE CITY COUNCIL
JUNE 17, 1997
The Schertz City Council convened in Regular Session on
Tuesday, June 17, 1997 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, presiding; Councilmembers Charles McDonald;
Joe Potempa; Norman Agee, Sr.; 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.
#1 HEARING OF RESIDENTS: Those citizens wishing to
speak on agenda items (other than public hearing items) or
items not on the agenda, will be heard at this time.
A. George Mower of 501 Brooks Avenue stated he came to
give Council some advice. He was talking to a very learned
friend of his the other day and was told by him if you give
someone advice and they are an intelligent person, they
love you for it, but if they are stupid, they hate you for
it. Mr. Mower's advice on Freeway Manor is that before
Council gets the City in a real hard position to get out
of, that they come to some kind of terms with giving the
people in Freeway Manor something for their tax money or
let them go.
Mr. Swinney asked if Mr. Mower was saying if Council
doesn't follow his advice, they are stupid. Mr. Mower
replied he can't be bothered with their sniping because he
can't answer it as a rule. He did say, however, that Mr.
Swinney heard him correctly. Mr. Agee thought it would
depend upon the advice.
B. Terry Bourland of 512 Wright wanted to complain about
his neighbor. He said, up until now, he had been pretty
quiet about it except in 1993 when they took a problem to
court and saw the judge about it. The problems are
continuing on. The problem he had in 1993 was that his
neighbor was spraying his water hose over his fence while
he was at work and coaxing his dog to jump over the fence.
Then he would call Animal Control and they would come to
his neighbor's house and pick up the dog and he would have
to go pay to get his dog out. This happened twice and then
the third time it happened, his neighbor across the street
told him what was going on.
Mr. Bourland commented he was going to let the problems in
1993 pass and voice his other complaints. First, his
neighbor has three little dogs with high - pitched barks and
in the mornings he puts them out and lets them bark for
about half an hour. Second, he stands out in front of his
house and waters his grass so he can watch and listen to
-315-
everything Mr. Bourland says and does. He does this even
on a day when it rains or the day after it rains because he
wants to know what's going on. Mr. Bourland said the
thing that really gets his goat is that while he's at work,
this neighbor will wash all the leaves out of his yard and
put them at the edge of Mr. Bourland's property in a real
high pile because he knows it aggravates him.
Mr. Bourland noted they are no longer on speaking terms
and the neighbor who testified on his (Mr. Bourland's)
behalf in 1993 is deceased.
Mayor Baldwin asked the address of the neighbor and Mr.
Bourland replied he believes its 510 Wright. Mr.
Bourland's suggestion was for him to go either with one of
the police officers or with a Councilmember and have a talk
with the neighbor.
Mr. Swinney asked if the other neighbors have problems
with this person and Mayor Baldwin indicated there are two
other people on that street signed up to complain. Mr.
Swinney then asked if any of the other neighbors talk with
him and Mr. Bourland replied most of what he sees when
others are speaking with him is a very angry situation.
Carole Davis of 507 Wright commented she could stand up
there and talk for an hour, but she will keep it brief.
There are case numbers at the Police Department on things
this man has done to her. She received two citations on
her dogs due to hearsay, so she spoke with the Animal
Control people about them and the citations were dropped.
About two weeks ago, when she got home, there was a
citation on her door and she called the person who wrote
the citation and explained to her that the dog was inside
the home. The person from Animal Control admitted they
never saw the dog outside the home. She then asked how
they could give her a citation. She was given until June
3rd to come up with the tags and she complied. When she
explained this to the person from Animal Control, they
remembered the incident. That same afternoon Ms. Davis
could not find her five -week old kitten. She started
looking for it at 3:45 p.m. About 6:00 p.m., while her
children were playing in the yard, the neighbor's daughter
threw the kitten over the fence onto her daughter and it
clawed her. The next morning she found the kitten dead.
She doesn't know what they did, but she's sure they did
something to the kitten.
Ms. Davis went on to say one time her tires had been
slashed and one time they had been flattened and when the
police came to check it out and questioned him about it, he
came out of his house and screamed profanities toward them.
He shoots the bird at her children. His daughter sits on
the curb and taunts her daughter. He watches her children
play through a scope. He touches his personal body parts
and remarks on theirs.
-316-
- Mr. Potempa asked his name and was told it is Jack Judson.
Mr. Swinney asked how long this situation has existed and
Ms. Davis replied she has lived there two years and four
months and the escalation with her has been going on only
for about a year. Mr. Swinney asked if Mr. Judson is
employed and Ms. Wright answered he is not.
Judy Stier of 506 Wright reported he's not bothering them
right now. A few years ago, her daughter, who is 21 now
and lives in Illinois, wouldn't sleep in the back bedroom
of their house because he was peeking in the window. The
neighbor at 508 had the same problem. The lady who used to
live where Carole Davis lives now caught him peeking in her
window. They kept their children away from him. One day
he was out in his yard with his pants down and his rear was
showing. Her husband had a lot of trouble with him over
little things. He doesn't peek in their windows anymore
because they put up a privacy fence and have a black
labrador dog.
Mrs. Stier further stated that Mr. Judson's father told
her his behavior was so bad in the neighborhood where he
lived previously, that he was afraid he would be killed.
He is not quite all there mentally. Some of the other
neighbors would not come tonight because they don't want
any trouble from him.
Mayor Baldwin asked if there are children in his house and
Mrs. Stier replied he has a fifteen year old daughter
living with him. The Mayor then asked if anyone has called
Family Services and Mr. Stier answered not that she knows
of. The lady living in the house before Ms. Davis went
out with a gun and told him she didn't ever want to catch
him on her property. She told him she would drag him in
after she shot him.
Ms. Davis related she has padlocks on every gate in her
yard. Mayor Baldwin asked if anyone has ever called the
police on him and was told yes they have. Mayor Baldwin
then admitted he's not sure what the City can do, but they
will have Mr. Sweatt look into it.
Mr. Agee acknowledged the Police Department is very
familiar with Mr. Judson. They've had lots of problems
with him and it sounds like the situation is deteriorating.
This is the most serious stuff he's heard about him.
Normally he was a police car and ambulance chaser.
Ms. Davis asked if there's a stalking law and Mr. Agee
answered there is, but unfortunately, it hasn't got a lot
of teeth in it.
Mr. Mower remarked he has observed the guy up close and he
is a time bomb. He's a mental case and one of these days
he's going to trip off the line and hurt someone.
-317-
Mayor Baldwin, saying he isn't familiar with the procedures
to take, noted he will leave that to The City Manager and
the Police Department. It seems since there's a young girl
in the house, that Child Protective Services would be
interested. Other members of the Council agreed.
Mr. Sweatt asked for the telephone numbers of the three
people who spoke and told them he would check into the
situation and get back with them about it.
#2 RESOLUTION: Consider and take action on Resolution
approving and authorizing participation in a public funds
investment cooperative.
Mayor Baldwin introduced a resolution and read the caption
as follows:
RESOLUTION NO. 97 -R -8
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS, APPROVING AND AUTHORIZING EXECUTION OF AN
INTERLOCAL INVESTMENT AGREEMENT FOR PARTICIPATION
IN THE LONE STAR INVESTMENT POOL, DESIGNATING THE
POOL AS AN AGENCY AND INSTRUMENTALITY, APPROVING
INVESTMENT POLICIES OF THE POOL, APPOINTING
AUTHORIZED REPRESENTATIVES, AND DESIGNATING
INVESTMENT OFFICERS.
Mr. Sweatt advised there are several pools available for
investment of public funds that are approved under the
State law. This pool and the next item on the agenda are
both ones that the City feels have a good track record.
Approval is recommended.
Mr. Greenwald moved to approve the Resolution authorizing
participation in the Lone Star Investment Pool. Mr.
Swinney seconded the motion.
Mr. Swinney inquired if the City has any contract
obligations with the bank which would cause a conflict with
this and Mr. Sweatt replied there is no conflict between
this and the depository contract with the Schertz Bank.
The depository contract allows the City to make outside
investments as they determine are necessary.
The vote was then taken and the motion carried as follows:
AYES: Councilmembers McDonald, Potempa, Agee, Swinney and
Greenwald.
NAYS: None.
#3 RESOLUTION: Consider and take action on Resolution
approving and authorizing participation in a public funds
investment cooperative.
-318-
Mayor Baldwin introduced a resolution and read the caption
as follows:
RESOLUTION NO. 97 -R -9
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS, APPROVING AND AUTHORIZING EXECUTION OF AN
INTERLOCAL AGREEMENT FOR PARTICIPATION IN A
PUBLIC FUNDS INVESTMENT COOPERATIVE (THE
"COOPERATIVE "), DESIGNATING THE BOARD OF
DIRECTORS OF THE COOPERATIVE AS AN AGENCY AND
INSTRUMENTALITY TO SUPERVISE THE COOPERATIVE,
APPROVING INVESTMENT POLICIES OF THE COOPERATIVE,
APPOINTING AUTHORIZED REPRESENTATIVES AND
DESIGNATING INVESTMENT OFFICERS.
Mr. Sweatt advised this is a co -op. It's basically the
same as the item just discussed. As Council will note on
both, the City Manager, the Assistant City Manager and the
Comptroller are the authorized signatures.
Mr. Swinney moved to approve the Resolution authorizing
participation in a public funds investment cooperative.
Mr. Agee seconded the motion, which carried with the
following votes:
AYES: Councilmembers McDonald, Potempa, Agee, Swinney and
Greenwald.
NAYS: None.
#4 INTERLOCAL AGREEMENT: Consider and take action
authorizing an Interlocal Agreement between the City of
Schertz, the City of Seguin, and Guadalupe County for
economic development matters.
Mr. Sweatt related the City of Schertz and the City of
Seguin will each participate with Guadalupe County to
receive equal shares of $22, 567.14 which Guadalupe County
has received as returned capital credits. These funds are
authorized under State law to be used for economic
development activities. These funds are, in the City's
mind, a one -shot item. The County believes there may
perhaps be some in the future. The City is suggesting the
funds be used for non - reoccurring items.
Mr. Swinney liked the
spend it all each yea
it's used for economic
Mr. Greenwald moved
between the City of
Guadalupe County for
Swinney seconded the
following votes:
fact it doesn't obligate the City to
C. It can be accumulated as long as
development purposes.
to approve an Interlocal Agreement
Schertz, the City of Seguin, and
economic development matters. Mr.
motion, which carried with the
-319-
AYES: Councilmembers McDonald, Potempa. Agee, Swinney and
Greenwald.
NAYS: None.
#5 REVISION: Consider and take action approving
revision to personnel policy regarding abandoned property.
Mr. Sweatt commented they recommend Council authorize a
change to the personnel policy by adding Section 5.08
dealing with abandoned property. This was discussed at the
workshop last week.
Mr. McDonald moved to approve the revision to the
personnel policy regarding abandoned property. Mr.
Greenwald seconded the motion.
Mr. Swinney commented where it says . "shall by the end
of the next business day, notify his /her supervisor..."
that maybe it should be changed to say the end of the next
business day they are scheduled or their next duty day
because they may be on vacation or on shift work. None of
the other Councilmembers agreed to this change.
Mr. Agee was concerned that if they find contraband they
might want to get rid of it as soon as possible rather than
the next business day.
Mr. McDonald thought the policy was okay as written.
Mr. Swinney argued that Mr. Agee's comments give support
to his suggestion of something like their next duty day.
Mr. Potempa thought that could be misconstrued. Perhaps
it's Saturday and City Hall isn't open. He suggested
voting on the motion as presented.
At this time the vote was taken and the motion carried as
follows:
AYES: Councilmembers McDonald, Potempa, Agee, Swinney and
Greenwald.
NAYS: None.
#6 REVISION: Consider and take action approving
revision to personnel policy regarding nepotism.
Mr. Sweatt asked that Council authorize a revision to the
personnel policy, Section 2.03, regarding nepotism. This
was also discussed at the last workshop and the change
Council requested has been made - spouse has been added as
a member of the immediate family.
Mr. McDonald moved to approve a revision to the personnel
policy regarding nepotism. Mr. Potempa seconded the
motion, which carried with the following votes:
-320-
AYES: Councilmembers McDonald, Potempa, Agee, Swinney and
Greenwald.
NAYS: None.
#7 POLICY: Consider and take action establishing "no
smoking" policy at the municipal swimming pool.
Mr. Sweatt stated they recommend Council adopt, by minute
order, a policy that would prescribe no smoking at the
municipal swimming pool at any time. As was discussed at
the workshop, they have had problems with juvenile smokers
and then found that adult smokers are being inconsiderate
of others by throwing live butts on the ground.
There will be an area, outside the fenced area, designated
for smoking which will have a view of the pool.
Mr. Swinney brought up the problem of trash from the
concession stand and Mr. Sweatt told him they found they
do not have a problem with trash.
Mr. Swinney moved to establish a "no smoking" policy at
the municipal swimming pool. Mr. McDonald seconded the
motion, which carried with the following votes:
AYES: Councilmembers McDonald, Potempa, Agee, Swinney and
Greenwald.
NAYS: None.
#8 ORDINANCE: Consider and take action on first
reading of ordinance revising the Code of Ordinances,
Chapter 12 1/4, Nuisances, Article II, Noise.
Mayor Baldwin introduced an ordinance and read the caption
as follows:
M
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS, PROVIDING THAT THE CODE OF ORDINANCES,
CITY OF SCHERTZ, TEXAS, BE AMENDED BY REVISING
CHAPTER 12 1/4, NUISANCES, ARTICLE II, NOISE;
AND PROVIDING A REPEALING CLAUSE.
Mr. Sweatt stated this ordinance will allow contractors to
work from 9:00 a.m. until 5:00 p.m. on Saturdays.
Mr. Swinney inquired if this will necessitate any change
in Leonard Truitt's hours and Mr. Sweatt replied it will
not. Mr. Potempa then asked if anyone will be enforcing
the ordinance on Sundays and Mr. Sweatt replied complaints
about contractors working on Sundays will be handled
through the Police Department. Mr. Potempa wondered how
many citations have been issued on Sunday.
-321-
Mr. Greenwald moved to approve the first reading of an
ordinance revising the Code of Ordinances, Chapter 12 1/4,
Nuisances, Article II, Noise. Mr. Swinney seconded the
motion, which carried with the following votes:
AYES: Councilmembers McDonald, Potempa, Agee, Swinney and
Greenwald.
NAYS: None.
#9 ORDINANCE: Consider and take action on first
reading of Ordinance annexing 35.31 acres of land out of
Comal County (Forbes property).
Mayor Baldwin introduced an ordinance and read the caption
as follows:
AN ORDINANCE
PROVIDING FOR THE EXTENSION OF THE BOUNDARY LINES
OF THE CITY OF SCHERTZ, TEXAS BY THE ANNEXATION
OF A TRACT OF LAND CONTAINING 35.31 ACRES OUT OF
CONAL COUNTY.
Mr. Sweatt, after pointing out the location on the map,
reminded Council two public hearings, as prescribed by law,
have been held on this. Approval of the first reading of
the ordinance is recommended.
Mr. McDonald moved to approve the first reading of an
Ordinance annexing 35.31 acres of land out of Comal County.
Mr. Swinney seconded the motion, which carried with the
following votes:
AYES: Councilmembers McDonald, Potempa, Agee, Swinney and
Greenwald.
NAYS: None.
#10 CITY MANAGER'S REPORT: A. Informed Mr. Potempa, in
answer to his question at a previous meeting, that the
street sweeping day in Mobile Villa is Thursday.
B. Reported pot holes have been patched on River Road and
Cloverleaf, but they are debating with TXDoT and the
property owner of the Dairy Queen about whose
responsibility those particular entrances are.
C. Commented Council had asked that they look into the
alleyway next to the strip center running off of
Cloverleaf. There is a one lot deep alleyway there. The
cost of improving that, with some hard surface, is about
$1900. They've looked into a shaker arrangement, kind of
like a cattle guard, and that's somewhere between $2500 and
$3000 dollars. The best proposed solution would be to
install gates at both ends of the alley. Perhaps some
-322-
utility company will need to use the alley. In that case
they could put padlocks on the gates so other utilities
would not be allowed to put their locks on. They think the
biggest problem will come from the nearby apartments. It
is strongly recommended they don't surface it because there
are also others throughout the City and that would take
time and money.
D. Asked everyone to go by and look at 307 Randolph. He
has received a letter from the owner asking that a tree be
removed. There is a beautiful Pecan tree in the
right -of -way of the City that has grown over the curb and
is beginning to crack the asphalt slightly. It might be a
minor traffic hazard, but the property owner is adamant
that it's a danger and causing mental stress and anguish.
Mr. Sweatt said he has a real problem with trying to take
down such a beautiful pecan tree.
Mr. Swinney observed this property owner is obviously not
the one and Mr. Sweatt admitted he's an absentee owner -
he doesn't live there. Mr. Swinney verified that this
owner wants a tree on his own property cut down and it was
explained to Mr. Swinney the tree is real close to the
curb line. Mr. Swinney then inquired if they will have to
do some cement work on the sidewalk and Mr. Sweatt pointed
out it's not the sidewalk, but the street.
E. Announced that either on the 22nd or the 29th of this
month, the railroad crossing at FM 3009 and FM 78 will be
closed for drainage work. The traffic will be diverted to
Elbel. Oversize loads will be diverted to FM 1103. The
work should be completed in one day.
#11 ITEMS BY COUNCIL: Mr. McDonald: A. Stated he had
received a phone call from a citizen saying the guy who
lives next to the VCR repair business on Main Street has a
garage sale quite often on the weekends.
B. Asked the status of the fence around the detention
pond. Mr. Sweatt indicated they will have to bid it out
if Council so wishes. Mr. McDonald thought they should
consider it. The consensus of Council was they wanted to
look at the figures for putting up the fence.
Mr. Potemoa: A. Commented since the bond issue is not
covering Deer Haven, he received a call from a resident
there asking if the City can put some asphalt at the edge
of the roads. They are breaking and chipping. Mr. Sweatt
answered they normally repair them.
B. Also pointed out the asphalt is starting to crack on
Schertz Parking just after the curve on Masks Road. Mr.
Sweatt said he would have it checked out.
C. Asked if a letter had been sent to the property owner
in front of Mobile Villa and was told it has been.
-323-
Mr. Agee: Wanted to know if the City could possibly talk
to TXDoT about the continuous left turn lane on FM 3009.
When he's traveling north and wants to get into the left
lane to turn onto Will Rogers, there are people getting
into the left turn lane as far up as halfway between
Patrick Henry and Live Oak to turn at Silvertree. He
suggested some yellow stripes to indicate you're not
supposed to turn would be appropriate. Mr. Sweatt
indicated he would speak with TXDoT about that.
Mr. Swinnev: A. Mentioned that Reverend Don Jeffreys has
just been diagnosed with cancer and could use everyone's
prayers.
B. Noted the bond committee had a good meeting last night
and Dickie Day is looking for support, such as speakers .
C. Remarked the pot holes are looking good.
D. Reported D.C. Morgan has the graffiti problem under
control and asked if the community service people can clean
up litter along FM 78. Mayor Baldwin asked if any
organization has been designated to clean FM 78 up. Mr.
Sweatt replied no and went on to say their biggest concern
has been the danger. If there were adequate supervision (a
ratio of 1 to 5), it would probably be okay. Mr. Swinney
also suggested early in the morning when traffic is light.
Mayor Baldwin, saying normally these organizations have
orange vests, asked if they could check some out from the
City. Mr. Sweatt replied they could.
Mr. Greenwald: Questioned if anything had been said to
TXDoT about the potholes on FM 78. Mr. Sweatt commented
it is TXDoT's responsibility and not the City's, but he
will check with them about it.
$12 ITEMS BY MAYOR: A. Read a letter to Council from
the parents of a sixteen year old girl involved in a hit
and run accident at the intersection of Schertz Parkway and
Savannah Drive. The suspect was apprehended approximately
40 minutes after the accident occurred due to the diligence
of the Police Department. During the ordeal, it came to
their attention that the room in which the suspects are
questioned is not monitored by closed circuit television
and they specifically asked that the interview with the
suspect be recorded since it was obvious the driver was
probably under the influence of alcohol or drugs. Since he
could not be charged with DWI because of the time that
elapsed between the accident and his apprehension, the
parents hope to be able to affect his sentencing. A video
of his behavior at the time of the arrest would have been
helpful. They have access to used video equipment through
the husband's employer and would be glad to donate it to
the City. It will be installed free of charge. The letter
was from Cotton and Linda Boyd of 1116 Drayton.
-324-
B. Stated he had a copy of a letter detailing a long drawn
out process Tom Harm had to go through in getting someone
to maintain their yard. He will give it to Mr. Sweatt so
he can make copies for Council. Maybe the procedures for
enforcing this type of problem need to be streamlined.
There was a brief discussion on this subject.
C. Asked if anyone watched the news tonight and saw the
police officer being arrested and noticed who was with him.
It was Larry Souza, our attorney who was with him.
#13 EXECUTIVE SESSION: Called under Chapter 551 Texas
Government Code, sub- section 551.074, Personnel Matters, to
evaluate City Manager.
No Executive Session was held.
#14 Consider and take action, if any, on above
Executive Session.
Since there was no Executive Session, no action was taken.
#15 ADJOURNMENT: On a motion by Mr. Potempa and
seconded by Mr. Greenwald and unanimously carried, the
meeting was adjourned at 8:22 p.m.
ATTEST:
City Secretary, City of Schertz
-325-