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
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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.
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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
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". "
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
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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
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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
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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
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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,
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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
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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
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<2~4-aL
Mayor, Cj,ty:, of 'schertz, Texas
ATTEST:
_~---L! /l-!~~
City Secretary, City of Schertz
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