ccswks 01-10-1996
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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).
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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
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#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.
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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
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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
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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
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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.
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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
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