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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-