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ccswks 01-10-1996 ~ ~ } SPECIAL MEETING OF THE CITY COUNCIL JANUARY 10, 1996 The Schertz City Council convened in Special Workshop Session on Wednesday, January 10, 1996 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 HEARING OF RESIDENTS No one had signed up to speak. Mr. Sweatt Judson at presence of recognized the presence of Mr. and Mrs. Frank the meeting and Mayor Baldwin acknowledged the Gilbert Hernandez. #2 Discuss public hearing regarding Juvenile Curfew Ordinance. Mr. Sweatt reported the 1995 Texas legislature made some changes to the juvenile justice system, including HB 327 which provided among other things, that all cities conduct periodic reviews of their curfew ordinance. The bill requires such review before the third anniversary of the adoption of the ordinance. The ordinance was adopted in December of 1992 and was reviewed briefly in April of 1993. A public hearing has been set for January 16th for citizen comments about the ordinance but so far, there have been no inquiries about the issue. It is suggested that after the public hearing, the Council take action to either continue, modify or abolish the ordinance. Mr. Sweatt went on to say that a recent survey by the U.S. Conference of Mayors revealed that 46 of the cities which responded have a new or recently modified curfew ordinance and of those cities, 21% have had a juvenile curfew ordinance for a year or less. There are mixed feelings across the nation about the effectiveness of a curfew. Of this survey that was done, 36% felt their curfew was very effective, 20% felt it was somewhat effective, and 14% felt it was not effective at all. City of Schertz statistics show that from the date of implementation through October of 1995, 107 first offense notices were issued, only 7 second offense notices were issued, and no third offense notices were issued. The City's statistical base doesn't tell us, but based on conversations with officers and a spot survey, it appears probably 50% or more of the juveniles, contacted on suspicion of being in violation of the curfew, are found to meet one of the exceptions under the ordinance (out past curfew time with a legitimate reason). -92- As a point of interest, Mr. Sweatt mentioned the most curfew violations (42) occurred between the hours of 1:30 a.m. and 3:30 a.m. The second highest number between 11:30 a.m. and 1:30 a.m. During those same periods of time, the Police Service handled 320 juveniles for things other than the curfew ordinance. If an officer made contact with a juvenile suspected of a curfew violation and found a greater offense, he probably would have dealt with the higher offense and not the curfew. Mr. Sawyer asked why not both. Mr. Sweatt replied generally there's not a stacking of charges. Mr. Sawyer was of the opinion then that the figure given for offenses of the curfew ordinance means nothing. Mr. Sweatt disagreed saying it means not necessarily all the 320 were contacted because of a curfew violation - only some of them were. Mr. Sweatt requested that Council let him know if there were any other specifics they needed for the public hearing. Mr. McDonald commented it would be nice to devise a system to record that the finding of a higher offense was in conjunction with suspicion of a curfew violation. Mr. Sweatt remarked he would see what he could do, but Mr. McDonald indicated he meant for the future, not for those figures already in existence. Mr. Swinney thought it was good news there were no third offenses issued. Mr. Greenwald, referring back to the survey and those 14% who thought the curfew ordinance was not effective at all, said it's only as good as the officers who enforce it. If they don't want to enforce it, then the ordinance is worthless. Mr. Swinney was curious if it's difficult verifying the word of the juvenile as far as the reason given for being out after the curfew. Mr. Sweatt responded that clearly in some cases the officer will take the individual's word for it, but if there's reason for doubt or suspicion, it will be investigated further. Mr. Judson asked what is done if an officer catches a curfew violator and knows he's a violator. Mr. Sweatt replied on the first offense, the officer determines who the individual is and the address of the parents, and a warning notice is sent to both the individual and the parents. If a second offense occurs, a second warning notice is given and a slightly more stern letter is sent. The third offense results in the citation of the individual and the parents. After being asked by Mayor Baldwin, Council were ready for this item to be placed on night's agenda. agreed they next Tuesday -93- #4 Discuss graffiti policy. In an effort to summarize previous discussion regarding the graffiti policy, Mr. Sweatt reviewed several areas of responsibilities and duties. It shall be the responsibility of the volunteer coordinator to secure building owner permission prior to any removal activity. It shall also be the responsibility of the coordinator to secure all materials, paint and supplies as needed in quantities sufficient to be utilized with the building owner's wishes. When community service personnel are utilized, the coordinator shall certify as to the actual time spent by each community service participant in order to satisfy court requirements of attendance and time. Mr. Sweatt commented it is his understanding the VFW has volunteered to furnish some materials for the project and Judge Cinnamon has endorsed the use of community service personnel provided it is possible to secure appropriate supervision and certification. The City Attorney has advised that as the City role is one of support but not participation, liability releases are not appropriate. It is believed it might be possible to encourage adoption of such a project by local service clubs such as the Lion's Club and the Kiwanis. Therefore, the volunteer coordinator would merely serve in a focal point role and secure the proper community service supervision. Mr. Sawyer thought encouraging local service clubs to participate was a good idea as long as they don't have to provide the paint and supplies. The VFW will provide the paint and supplies for their building and could possibly round up some help to paint. He suggested sending a letter out to businesses and/or civic organizations, under the Mayor's signature, asking if they wish to participate. Mr. Swinney observed that right now we have only 4 or 5 graffiti projects in the whole City, so he doesn't see this as a big time-consuming project. Mr. Sweatt remarked he has some reticence about advertising it in the Newsletter, subscribing to the theory that the more you talk about it, the more publiCity you give it. Mr. Sawyer agreed, saying it should not be advertised to the general public, Mr. McDonald stressed it should not be a project run by the government, and Mr. Swinney added that the way it's set up, it won't cost the taxpayers anything. -94- Mayor Baldwin asked Council if they were ready to go with this. Mr. Sweatt's recommendation was that no action be taken until the service clubs have been contacted. The consensus of Council was agreement with Mr. Sweatt's suggestion. #4 Discuss joint meeting with Planning and Zoning regarding Unified Development Code (UDC). Mr. Sweatt advised Council they have the product them. There is a memorandum dated January 2nd and a of major changes. It is suggested a joint workshop Planning and Zoning be scheduled for January 3lst. will give everyone time to review the document. before list with That Mr. Greenwald noted everything such as the Zoning Ordinance, Subdivision Ordinance, Sign Ordinance.and Mobile Home Ordinance have been meshed into one book. Mr. Sawyer verified that when this is studied, approved and passed, then the other ordinances will be eliminated. Mr. Sweatt acknowledged that's true and reminded Council a public hearing will need to be held before adoption of the UDC. Council, when favor of a January 31st. asked by Mayor Baldwin, conceded they were in joint meeting with Planning and Zoning on #5 Consider and take action authorizing a change to Section 7.01 of the Personnel Policy Manual regarding an increase in frequency of pay periods. Mr. Sweatt related that in the course of reviewing various items with the employees, the issue of frequency of pay periods has arisen on several occasions. An informal straw vote was taken among the employees, and while there is concern in some departments, the overall majority have voted to ask that Council change the policy to a biweekly pay period instead of the current policy of twice a month. This will increase the number of pay periods in a year from 24 to 26. The yearly pay will remain the same, it will just be spread out differently. Mr. Sawyer mentioned it takes some getting used to and then asked if it will create an advantage in the computer system. Mr. Sweatt answered it makes it easier for direct deposit to the credit union. Mr. Sweatt asked that Council take action on this tonight because the first pay period the new policy come into play is this Friday, January 12th. item will Mr. Sawyer moveq to authorize a change to Section 7.01 of the Personnel Policy Manual regarding an increase in frequency of pay periods. (The policy will change to reflect biweekly pay periods instead of the current policy -95- of pay periods twice a month.) Mr. Swinney seconded the motion, which carried with the following votes: AYES: Councilmembers McDonald, Greenwald. Sawyer, Swinney aM NAYS: None. #6 CITY MANAGER'S REPORT: A. Noted, with Council's permission, he would like to place an action item on next Tuesday's agenda awarding a bid for fire hose. As Council will recall, during the budget discussions they talked about acquisition of the new fire truck and some ancillary equipment. One of the items was fire hose. They solicited bids for fire hose and received two which met the specifications. The consensus of Council was to place awarding of the bid for fire hose on next Tuesday night's agenda. Mr. Sweatt said Council may be interested to know the Fire Chief is going to Louisiana at the end of this week to inspect the fire truck. It is plumbed, instruments are being affixed to it, and it will be ready to be painted after Chief Woodward has reviewed the specifications. It is expected we will have the vehicle in the early part of February. B. Announced the Municipal Complex will be closed Monday, January 15th, in honor of the Martin Luther holiday. #7 ITEMS BY COUNCIL: ~r. Swinnev: A. Mentioned he liked the idea proposed by the citizen last month about volunteering to pay an extra dollar on the water bill and having the money, six months of the year, go toward the fireworks and the other six months toward Christmas lighting decorations. What's involved in having that printed on the water bills? next King Mr. Sweatt replied he hadn't really explored completely, but the biggest issue will be getting it the water bill because we have a limited amount characters available to add to the billing process. it onto of Mr. sawyer suggested putting a little box on the water bill for people to check as to whether or not they wish to donate a dollar. After a brief discussion, Mr. Sweatt promised to get more information for Council. It was not known who the lady was that suggested the idea, but several Councilmembers thought an effort should be made to identify her. B. Reported one of the local radio stations had a call-in survey on hand guns. People are very uncomfortable with -96- the confusion of the laws and how cities have had hands tied. Mr. Swinney felt we will be hearing more on that subject. their a lot Mayor Baldwin interjected he had received a call from a talk show in New Braunfels and was asked what our City Council's opinion is of the new hand gun law. The Mayor told them we want to get guns out of our parks - we don't think having guns in the parks is appropriate for families who visit them. The Mayor remarked a lady called in right after he was on and said she agreed with him. Mr. Sawyer commented it's amazing how many businesses have put up signs prohibiting hand guns even though there's no way to enforce it. A brief discussion on signs and guns followed. C. Asked if signal lights on FM 3009 is a long ways on the horizon or right around the corner. Mr. Sweatt replied the City will do it's best to get the Highway Department to do the traffic counting which is the preparatory step. Mr. Sweatt expressed the opinion he thinks they will do the traffic counting in 1996, but beyond there he doesn't know how things will go. Mr. Greenwald related that during his drives around the City the last couple of weeks, he noted that a large majority of the citizens don't pay attention to Stop signs, Yield signs or traffic lights. Mr. Greenwald went on to say that the big trucks, especially, don't pay attention to the stop light at Elbel and FM 3009. The stop light at the Smoke Pit is the same way. They don't pay attention to it. Several Councilmembers concurred about the light in front of the Smoke Pit and others mentioned speeding trucks on IH-35. Mr. Sweatt told Council he will have the Police Department check into these matters. Mr. Sawyer: A. Advised the concrete slab for the school crossing guard at Randolph and Winburn is not there yet. Mr. Sweatt promised to look into it. B. Commented he had a complaint about Stop-N-Go selling alcohol to minors and he already informed Mr. Sweatt about it. Mr. Sweatt is investigating the situation. C. Stated the park looks nice. Regarding the park, Mr. Sweatt informed Council the new basketball hoops at the pavilion had been stolen already. Mr. Judson offered a solution he had used when he was a coach - go behind with a ball peen hammer and tap on the threads so they can't take the nuts off. Mayor Baldwin mentioned that the xeriscape park is coming along nicely. Mr. and McDonald: Referred to the letter from Jerry said he had spoken to Mr. Sweatt about it and Graham asked -97- whether or not we're supposed to have a charter review. Mr. Sweatt is getting a legal opinion on it. Mr. Sawyer commented he was elected to the Charter Writing Commission in 1974 and he always assumed they left any changes to the Charter to the discretion of City Council and City staff. If there was a problem, they called up a Charter Review Committee and took a look at it to see if changes were needed. That method has always worked well. Mr. McDonald declared if we're on solid legal ground, then let's continue the way we are. Merwin Willman spoke up and said unless they've changed the State law, Council has the final word on charter review. Mayor Baldwin asked if there's a referendum provision where citizens can come in with X number of signatures and demand a review. Mr. Sweatt answered yes there is, and he will have the City Attorney brief Council on these issues. Mr. Greenwald: A. Reported he and attended a CRWA meeting Monday. He will minutes to Council and also, for anyone Sweatt has a copy of the audit report. B. Indicated last night was a very busy night for Planning and zoning. Among those new developments coming in are Ecko Construction, Seguin State Bank, Dove Meadows Unit 4, Ashley Place Unit 3 and the new intermediate school. John Bierschwale get a copy of the interested, Mr. Mr. Sawyer asked what the population is right now and Mr. Sweatt replied they are using current estimates of 13,375. Mr. Swinney, admitting he doesn't know much about construction, said he understands you have rebar in foundations and now they have a tension cable. He understands that cable has to be installed very specifically and supervised by an engineer. He had reports that crews were just doing that on their own time without the presence of engineers. He is very concerned. Mr. Sawyer asked if slabs don't have to be inspected before concrete is poured and Mr. Sweatt answered yes they do. Mayor Baldwin assured Mr. Swinney, through his own personal experience with bond issue construction for the schools, that the slabs are inspected. Mr. Greenwald a professional the soil around observed that even engineer, there's here. though it's inspected by no guarantee because of Mr. Sweatt commented it has taken a lot of convincing for the City to accept the stress cable method. It was proposed several years ago when Rayco was building in Savannah Square and it wasn't allowed at that time. It has taken a lot of proof for us to accept it. -98- I Mr. Willman informed Council that as far as the Inspection Department workload, as of last Friday there were 119 homes under construction. #8 ITEMS BY MAYOR: Read a letter from a concerned citizen about gang members moving into the City. Mr. Swinney asked if gangs have been a problem in the schools and Mayor Baldwin replied there have been some problems, but not many. #9 ADJOURNMENT: On a motion by Mr. seconded by Mr. McDonald and unanimously meeting was adjourned at 8:10 p.m. Swinney carried, and the r Schertz, Texas ATTEST: ~ ~J~_#~ City Secretary, City of Schertz -99-