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ccswks 11-29-1995 SPECIAL MEETING OF THE CITY COUNCIL NOVEMBER 29, 1995 The Schertz City Council convened in Special Workshop Session on Wednesday, November 29, 1995 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; Earl Sawyer; Timothy Swinney and Ken Greenwald. Absent: Councilmember Joe Potempa. Staff present were City Manager Kerry Sweatt and City Secretary Norma Althouse. #1 APPROVAL OF MINUTES: A. B. Special Session 10-11-95 Regular Session 10-17-95 Mr. Swinney moved to Session 10-11-95 and Sawyer seconded the following votes: approve the minutes for the special the Regular Session 10-17-95. Mr. motion, which' carried with the AYES: Councilmembers Sawyer, Swinney and Greenwald. Nays: None. ABSTENTIONS: Councilmember McDonald. #1 HEARING OF RESIDENTS: A. Bill Neller of 305 Koch St. spoke about his concern regarding the poor voter turnout in Schertz. He related he had spoken with the VFW about it and suggested a telephone call-in arrangement through the VFW so people who don't have transportation to the polling place can call in and someone will go and pick them up and take them to vote and then transport them back home. The people at the VFW gave their approval to this idea and put Mr. Neller in charge of the project. Mr. with this Neller mentioned he had obtained a map of the City, the streets listed, to aid those who will be providing service. Mayor Baldwin asked Mr. Neller if this is going to be just for national elections and Mr. Neller wasn't sure, saying he would have to check with his insurance agency about coverage and have anyone who wants to help him do the same. Mr. McDonald observed it's a good program. said he understands it is going on in other McDonald agreed, then added it has been very Mr. Neller places and Mr. effective. After some discussion about the map, Mr. sure the City could come up with a larger the streets and an alphabetical list.ing. Greenwald map showing was all Mr. Swinney thought it would be good to get the word out a couple of weeks in advance so people know the service is available. Mr. Neller said he is hoping for some -63- advertisement through articles in the local newspaper. Mr. Swinney then asked if it would be appropriate for this to be in the Newsletter and Mr. Sweatt replied yes, if Mr. Neller's group prepares the wording. Mr. Neller admitted they have to start working on it right now and if all goes well, the first trial run will be for the election in November of 1996. Mayor Baldwin thanked Mr. Neller for his spirit of public service. #3 Discuss final reading of an ordinance establishing child safety fees for specific Municipal Court charges. Mr. Sweatt advised the first reading of this ordinance was approved at Council's last regular meeting. These are fees that have been authorized as permissive, or local option, by the last session of the legislature ~s amendments to the Traffic Code and other State provisions. This ordinance establishes a $5.00 fee for a parking violation in a school zone, a $20.00 fee for speeding in a school zone, a $20.00 fee for overtaking and passing a school bus that is stopped, and a $20.00 fee for thwarting compulsory school attendance by either an adult or a minor. These are in addition to fines that are established by the court. The proceeds of the fees are exclusively for child safety purposes. Mr. Sawyer wondered if some of the proceeds could be used to put concrete at the corner of Randolph and Winburn. It gets slick there when it rains and Mr. Sawyer recalled he thought the City got a letter one time from a concerned mother about the crossing guard falling down in the mud there after it rained. Mr. Sweatt thought that should be a legitimate use of the funds. Mr. Sweatt reported he and Chief Agee had talked about creating an additional crossing guard location. They will look at it the rest of this year and may at mid-year suggest it be added for the next school term. Mayor Baldwin asked if there's any possibility of giving the crossing guards a raise in pay. Mr. Sweatt answered he's not against a raise, but it's the hours of the job that have always made it difficult to hire someone. Mr. McDonald mentioned they had a policy in the civilian world that if someone worked, they paid them for three hours even if they only worked for thirty minutes. They couldn't afford to drive to work for any less than that. Mr. Sawyer then commented that if we give them an increase in pay, then when we hire them we should insist they show up or be fired. Mr. Swinney noted we need to find some responsible people for the crossing guard jobs. -64- Chief Agee remarked the lady at the corner of Randolph and Winburn has been one of the most reliable they've had. Usually one of the reasons for leaving is the weather. Mr. McDonald reiterated he thought we should pay them for a minimum of three hours per day. Mr. Greenwald suggested providing some kind of protection from the elements. Mayor Baldwin asked Council if they were ready for item to be placed on next Tuesday night's agenda and replied affirmatively. this they #4 Discuss report and Juvenile Curfew Ordinance. public hearing date for Mr. Sweatt reported the State law has changed. The legislature enacted several changes to the juvenile justice system. One of those discussed municipal authority to enact juvenile curfew ordinances. HB 327 was passed which added a provision that talked about the authority of cities to do this. It specifically authorized cities to amend their ordinances or establish curfew ordinances, but then discussed some provisions that would be required for all cities to conduct periodic reviews of their curfew ordinances and consider whether or not they should remain in effect. The general provision of the House Bill says a city must review a juvenile curfew ordinance before the third anniversary of its adoption. Mr. Sweatt further stated that in the City of Schertz's case, the ordinance was adopted in 1992 and reviewed in April of 1993. It was felt it was appropriate to place a report by the Police Chief on the agenda and then at Council's pleasure, conduct a public hearing to hear testimony on whether or not the purposes of the ordinance are working. Mr. Sweatt reminded Council they have a report in their packets from Chief Agee which describes the action and notices that have been issued under the Curfew Ordinance. Some 107 notices for first offenses have been issued and 7 second offense warnings were issued. There were no third notices issued. The ages range from 11 to 16 with 69% of those receiving first warning notices being male and 30.8% being female. The average age is 14.6 years and 50% of them had a valid excuse for being out past the curfew time. Mr. Sweatt suggested a public hearing date in December and noted the earliest time possible they could have one and meet all the requirements is December 19th. Mr. Sawyer was of the opinion they won't get much citizen participation around Christmas time. Mayor Baldwin thought after the first of the year would be a better time for a public hearing and Council agreed. Mayor Baldwin the ordinance explained that when the City first adopted there was concern about being able to defend -65- ". " it, but now even the legislature has recognized the fact you can have a curfew. He's impressed. The Mayor went on to say he attended a rally at the stone Creek RV Park on Thanksgiving night and one of the things they announced was that Schertz has a Curfew Ordinance. Mr. Swinney asked what some of the valid reasons were for being out after curfew hours. Mr. Sweatt listed just a few: (1) the minor is accompanied by one or more of his parents; (2) the minor is accompanied by another person 18 years of age or older with the approval of the parent of the minor; (3) the minor is engaged in a reasonably necessary response to a bona fide emergency; (4) the minor is attending a school, government or religious activity or is going to or coming from such activity; and, (5) minor is engaged in a lawful employment activity or is going directly to or coming directly from a lawful 'employment activity; Mr. Swinney was curious if they found a lot of males and females together and Chief Agee answered surprisingly not. Mr. Greenwald felt the most significant thing was very few second offenses and no third offenses. Mr. Sweatt asked Council if they wanted the public hearing set for the first or second regular meeting in January. Council opted for the second regular meeting. There being no further questions for Chief Agee, Mayor Baldwin moved on to the next agenda item. #5 Discuss first reading of an ordinance amending the Code of Ordinances, Chapter 12 1/2, Attachment "B", Use and Regulations of Swimming Pool Facility. Mr. Sweatt mentioned that season pass rates for the swimming pool were discussed during the budget process and it was decided to increase the rates by 10% for residents of Schertz and by 50% for non-residents. After being asked by Mayor Baldwin, Council were ready for this item to be placed on night's agenda. agreed they next Tuesday #6 Discuss water line project for north 1-35 area. replacement and extension Mr. Sweatt informed Council that Paul Denham from Ford Engineering is at the meeting tonight to help him explain this project. The City believes they have an excellent opportunity to participate in a project with TXDoT (Texas Department of Transportation) and extend major distribution lines to the potentially high growth area of the City at a substantial cost savings/sharing to the City. Mr. Sweatt pointed out on the map several areas where the -66- City has 12" water line service on FM 1103 and along IH-35. On the east side of IH-35 there is a 12" line which serves Guadco MUD - it goes to Country Club Drive. TXDoT has an arrangement for which they have run a small line to the rest area and serve both the east and west side rest areas with water which is purchased currently through the Green Valley Water Supply Corporation. It's kind of a convoluted arrangement between them and Guadco MUD to provide water service to the rest area and to three homes located on Covers Cove. Mr. Sweatt went on to say TXDoT is faced with relocating a portion of their lines because of the IH-35 widening and initially contacted the Guadco MUD District to do some extensions and rearrangement of water lines which would have entailed their extending service into our service area. The City of Schertz is the PUC certified area. After reviewing this with TXDoT, it appears to make a lot of sense to extend the City's 12" lines up to at least Covers Cove. TXDoT will participate significantly in the cost in order to get service to their area. It will enable the City to get a 12" water line that much further into their service area and serve areas on both the east and west side of IH-35. Mr. Sweatt stated the first choice would be to negotiate that arrangement, purchase a portion of an existing line from Guadco and relocate metering equipment, and bore the interstate near the rest area. We would then be prepared to extend across IH-35. The second choice, if unable to do the first, would be to extend the line at FM 1103 on the west side of IH-35 up to a point across from the Covers Cove area and bore the interstate at that location. In either case TXDoT will participate significantly to secure service for their rest area and take them out of the water business. Mr. Sawyer asked what the City's cost will be. Mr. Sweatt replied, depending upon how they are able to negotiate it, the net cost will range somewhere between $154,000 and $184,000. Mr. Sawyer then wondered where the City envisions the money coming from and Mr. Sweatt answered they have capital recovery money. This is a capital recovery eligible project. The City will ultimately recover the cost as industry and other accounts tie on in that location plus they would gain a notable amount of water sales to the rest area. The City believes it's a win win situation and TXDoT is very anxious to get this accomplished. Mayor Baldwin asked if the City is looped in that area and Mr. Sweatt replied they are not. Mr. Denham told the Council looping is in the grand plan and if you've seen the system, there are parallel 12" lines and they do have some loops which they try to get at regular intervals to maintain circulation. They try to -67- avoid long dead-end lines and get as close as possible to the last user. Mr. Denham stressed that another big advantage with this size line is the fire protection. Mayor Baldwin commented it will be good to get a bore across the highway and let someone else help us pay for it. Mr. McDonald asked where MUD gets their water and was told they buy it from the City of Schertz. Mr. Sawyer remarked that's the single meter Mr. Sweatt's been talking about. Mr. McDonald then asked if they don't take water off at any other point because he thought there were several exits on that water line. Mr. Sweatt explained there is the master meter, but they want to have the right to connect at a couple of other points. It will take some rearranging, but that's why the City wants the option to come down that side if it can be successfully negotiated. If,we're not able to work it out with MUD, the option is to switch over to the other side and keep on trucking.' Either way this is our only chance to get that kind of help from TXDoT. Mr. Sweatt reminded Council that TXDoT is anxious for the City to make a commitment and if it is their pleasure, he would like authorization to proceed with negotiations on this project. Mr. Sawyer saw no reason not to authorize the City to proceed with negotiations, but did mention he would like to see TXDoT, while they're up there, put tunnels under the road where we want to put our future water and sewer lines. It couldn't hurt to ask them. Russell Beck, Utility Coordinator with TXDoT, arrived at this time. Mayor Baldwin asked if there's any reason why they couldn't do what Mr. Sawyer suggested and put in a dry line at the end our City limits and just leave it there until water is extended that far. Mr. Sweatt answered it's a possibility if we can coordinate it with TXDoT at construction time. Mr. Sweatt ran this idea by Mr. Beck who acknowledged it's very possible. Mr. Beck said the only problem would be coordinating it as to whether the City wants TXDoT's contractor to do it or their own contractor to do it. Mr. Beck told Council they would have to do a field change because the contract was let in October and construction was supposed to start the first part of November. Because of the holidays and other circumstances, it was decided it was best to wait until January 2nd to start. Mr. Sweatt pointed out the City's biggest problem is that the soliciting of bids will put them into early February. Mr. Beck, saying if the City is going to do the construction themselves, indicated that's no problem, they have a few months lead time. They're probably looking at the end of April. After a brief review of some of the things discussed before -68- Mr. Beck arrived, Mr. Sawyer asked if Council was ready to proceed with authorizing these negotiations and having the tunnels as part of the project. The consensus of Council was to authorize the negotiations to proceed. Mr. Beck advised if TXDoT's contractor is going to put in the conduits, they will need an escrow agreement set up for the funding. Mr. Sawyer observed the City won't know what it's going to cost to put conduits in until TXDoT comes up with an estimated price. Then they'll see if they have enough money for it. Mr. Sweatt explained to Mr. Beck that at this stage Council is authorizing the City to proceed with the project. If that's clear, then there are some areas that need negotiation. They will also develop concurrently some discussion about the additional conduits. After being asked by Mayor Baldwin, Council were ready for this item to be placed on night's agenda. agreed they next Tuesday Before Mr. Beck left, there was a brief discussion about which side of IH-35 the City prefers, about additional fees such as capital recovery fees, about a study being done by TXDoT to see whether or not they should get rid of one of their pump stations at the rest area, and about the time frame needed to develop plans and get them reviewed. #7 Discuss appointment/reappointments to the Schertz Parkway Tax Incremental Financing Board of Directors. Mr. Sweatt related that the term of Mr. Joe Potempa, who is President of the Board, expires on December 31, 1995. Mr. Jerry Bethke's two-year term also expires on December 31, 1995. Both members have indicated a desire to continue to serve. Mr. sawyer commented if we can keep Jerry Bethke on that Board, we're doing a fine job. Council indicated they were ready for this item to be placed on next Tuesday night's agenda. #8 Consider action to revise personnel policy relating to sick leave for employees in probationary period. Mr. Sweatt reported the current personnel policy provides that an employee on probation is not entitled to take vacation or sick leave time, but does, in fact, accumulate that time and is eligible to take time if they become a regular employee at the end of their probationary period. It has worked out to be a somewhat awkward situation if a probationary employee leaves in good standing at the end of their probationary period. In other words, if they are not offered regular employment, they are paid for accrued vacation time. On the other hand if an employee is on -69- probation and becomes ill or for some reason needs sick leave time, they are not currently eligible to take sick leave and be paid during that time. Mr. Sweatt further stated that often times we have probationary employees who are eligible to be converted to regular employees, but during the probationary period have had to be docked for any sick time they may have had to take. The City would prefer to add the following revision to the last paragraph of Paragraph 3.02 City of Schertz Personnel Policy Manual: proposed of the "Employees serving the initial probationary period (after hire) accumulate vacation leave and sick leave the same as regular employees. However, during this period, vacation leave will not be authorized. Sick leave may be authorized under the following conditions: (1) such sick leave is specifically authorized by the City Manager with the understanding that, should the employee not complete the probationary period, the amount paid for sick leave will be deducted from the employees final paycheck; (2) the employee has accrued sick leave time." Mr. McDonald asked how long the probationary period is and Mr. Sweatt replied in most cases six months. Mr. McDonald, saying the only thing he can relate to is his civilian employment, commented they gave them vacation and sick leave after 90 days, (no strings attached) even though the probationary time was six months. He doesn't see why it has to be deducted - if they're sick, they're sick. Mr. Swinney asked for sick leave to be defined. Can they schedule a dental appointment? Mr. Sweatt answered this was designed for special circumstances for the probationary employee who is really ill. The City doesn't want them scheduling appointments that can be made after the probationary period ends. Mayor sick would Baldwin verified that an employee cannot take leave than he has accrued. Mr. Sweatt stressed not let an employee go in the hole at any time. more they Mr. McDonald reiterated his previous opinion about letting them take sick leave without having to pay it back. No one else agreed. The other Councilmembers felt the change in personnel policy should be as presented by the City manager. Council determined they were ready for this item to be included on next Tuesday night's agenda. #9 CITY MANAGER'S REPORT: A. Reminded everyone of the Employee Awards program and Christmas Party on December 15th. Social hour begins at 6:00 p.m. and the theme is Hee Haw. Indicated there is not an obligation to do so, -70- but he would like for all the Councilmembers to make some brief remarks at the awards program. B. Encouraged everyone to attend the Christmas Tree Lighting ceremony on December 7th at 6:30 p.m. #10 ITEMS BY COUNCIL: Mr. Greenwald: Reported Planning and Zoning approved the UDC (Unified Development Code) last night. Thoughts about having a joint session of Planning and Zoning and City Council to review the UDC are apropos. Going through this document will be very tedious. They did come up with an Executive Summary that's very concise. Mr. McDonald: Mentioned again some lots in Greenshire which are overgrown with weeds. He thinks they're owned by Ron Wood and they're on the last street in the subdivision. Mr. Sweatt promised to have the Inspector check into it. ~r. Sawver: Wondered how much of a problem it would be for whoever makes up the agenda to follow the same numerical order for items on the subsequent agenda. In other words, if an item is #5 on this week's agenda, then make it #5 on the next agenda. Mr. Sweatt stated that would be fine if everything that's on this week's agenda is on the next agenda. However, that is not always the case. Mr. Sawyer said he understands and he doesn't want to create extra work for the staff. Mr. Sweatt commented they will try and see what they can do. Mr. Swinnev: A. Regarding Mr. Sweatt's request for comments on the Schertz narrative, said there wasn't a whole lot on youth. Maybe a blurb could be added about Schertz having a very active and well-rounded slate of youth programs. Also, something should be mentioned about the school system. B. Noted the basketball hoops need some serious work. C. Commented the Christmas lights on FM 78 There are a couple that are malfunctioning those locations to Mr. Sweatt. look great. and he gave D. Asked if they have a consensus from Council regarding the graffiti policy. Mr. Sawyer remarked the VFW will donate the supplies if the City supplies the manpower and mentioned Mr. Sweatt was going to speak with the Judge about using people who need to do community service time. Mr. Swinney then inquired if there had been an SBA meeting since Council talked last and Mr. Sweatt replied there had been, but the attendance was very poor and the issue was not brought up. Mr. Swinney then wondered if they need one last to finalize the details. Mr. Sweatt replied he think they need to take any formal action, but certainly discuss it again at a workshop. Mr. workshop doesn't they can Swinney's -71- concern was about who's going to supervise the project. Mr, Greenwald asked how the Judge works the community service assignments. Mr. Sweatt replied currently they go to an operating department and the supervisor of that department signs off on their time. Mayor Baldwin wanted to know if they're talking about all the graffiti in the City regardless of where it's at (like the railroad) or just that on businesses which approve the removal of it. Mr. Swinney stated he would like to see all of the graffiti in the City gone, but of course there will be that limitation of permission from the property owner. It was decided to place discussion of the graffiti policy on the agenda of the second workshop in January. ' D. Commented jokingly news and there's a Venezuela who jumped machismo. to Mayor Baldwin he was watching mayor running for reelection out of a helicopter to show the in his E. Reported he attended the Voice of Democracy judging and the contestants were very good. There were nine of them. #11 ITEMS BY MAYOR: Clemens Student Council to hold their bond fire A. Read a letter from the Samuel thanking the City for allowing them and parade during Homecoming week. B. Announced the Randolph Metrocom Chamber of having their annual Christmas gala at Lily December 7th at 7:00 p.m. Commerce is Marie's on Mr. McDonald interjected that he had seen the Roofing lift being used to put up Christmas lights. rent it or did they loan it to us? Mr. Greenwald Randy Burch let the Public Works Department use free. Burch Did we answered it rent C. Commented the Samuel Clemens weekend and anyone wishing to Admission is $4.00. #14 ADJOURNMENT: On a motion by Mr. seconded by Mr. McDonald and unanimously meeting was adjourned at 8:42 p.m. High School play is attend will enjoy this it. Swinney carried, and the -72- <2~4-aL Mayor, Cj,ty:, of 'schertz, Texas ATTEST: _~---L! /l-!~~ City Secretary, City of Schertz -73- ,. ..