ccreg 01-16-1996
I
REGULAR MEETING OF THE CITY COUNCIL
JANUARY 16, 1996
The Schertz City Council convened in Regular Session on
Tuesday, January 16, 1996 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; Charles McDonald; Joe Potempa;
Earl Sawyer; 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:
speak on agenda items (other
items not on the agenda, will
Those citizens wishing
than public hearing items)
be heard at this time.
to
or
No one had signed up to speak.
#2 APPROVAL OF MINUTES: A.
B.
C.
Special Session 11-15-95
Regular Session 12-05-95
Regular Session 12-19-95
Mr. Sawyer moved to approve the minutes for the Special
Session of 11-15-95, the Regular Session of 12-5-95 and the
Regular Session of 12-19-95. Mr. Greenwald seconded the
motion, which carried with the following votes:
AYES: Councilmembers McDonald, Potempa, Sawyer, Swinney
and Greenwald.
NAYS: None.
ABSTENTIONS:
12-19-95.
Mr.
Potempa for the Regular Session of
#3 INTRODUCTION OF CITY STAFF MEMBERS
Mr. Sweatt explained they are beginning a new program this
year with the first regular Council meeting of 1996. They
are starting, among other things, to develop a new employee
orientation program. Each department head will be
responsible for hosting a program. The remainder of the
staff will attend that program in an attempt to learn more
about what's going on in each of those departments. Mr.
Sweatt commented in order to start it off, he asked all the
department heads to attend and observe a Council meeting in
progress and have the opportunity to make comments.
-100-
Mr. Sweatt then introduced the following department heads:
Norma Althouse, City Secretary
Steve Simonson, Asst. City Manager
Norman Agee, Police Chief
Johnny Woodward, Fire Chief
John Bierschwale, Director of Public Works
Evelyn Boggess, Tax Collector
Debbi Kline, Finance Officer
Alice Austin, Officer Manager/Data Processing Administrator
Leonard Truitt, Code Enforcement & Chief Building Official
Gail Douglas, Librarian
Mark Marquez, Director of Management Services
LeRoy Cinnamon, Municipal Court Judge
Juan Guerrero, SAFES Administrator
Mr. Sweatt noted that Mike DeLeon, Building Services
Supervisor, had a death in his family and was unable to be
here this evening.
Mayor Baldwin welcomed everyone and Mr. Swinney and Mr.
Potempa urged them to keep up the good work.
Mr. Sweatt remarked the department heads have been
involved in some training programs that have in the long
run thrown off some very good ideas. People get used to
things being done a certain way, so it broadens the scope
and expands the envelope a little bit to see how others do
those same things. They are in the process now of the
training programs and he hopes Council sees the results of
a very dedicated staff. They are dedicated to the City and
to the citizens of the community to deliver quality service
at the least possible cost.
#4 PUBLIC HEARING: To receive
regarding the Curfew Ordinance.
citizen
comments
Mr. Sweatt noted the current Curfew Ordinance was adopted
on December 15, 1992 and became effective on January 7,
1993. As a result of some State law changes, it is
mandatory to review municipal curfew ordinances on a
periodic basis and determine if they are meeting their
purposes and if so, determine if they should be retained,
amended or abolished.
Since the Curfew Ordinance was adopted, the Police Service
has issued a total of 107 first offense notices, 7 second
offense notices and no third offense notices. These
figures are good through October of 1995. Chief Agee can
provide certain median age information and other
statistical extracts from that for anyone who's interested.
Mr. Sweatt went on to say that at the workshop they
discussed the fact that during this same period of time,
some 320 other juvenile offenses occurred. Council asked
if we could determine if any of the Curfew Ordinance
violations might have lead to those other offenses.
-101-
There's currently not a way to separate those statistics.
Generally the Police Service would file on a higher offense
as opposed to stacking.
Chief Agee reported the main thing they found to
interesting about the statistics was that the arrest
other offenses, other than curfew violations, dropped
direct proportion with the curfew violations.
interpreted that to mean that the Curfew Ordinance is
some good.
be
for
in
They
doing
Regarding tracking those offenses where the police have
filed more serious offenses, Chief Agee advised they can
code each stop they make for a curfew violation into the
computer. That will require that at the end of a given
period, they go back and manually look at that and call up
the service form to determine if they were arrested for a
more serious offense than just a curfew violation. Chief
Agee commented they will be happy to do that and do not
think the numbers will be to the extent that it will be an
overly time-consuming task for them.
Chief Agee then emphasized the Police Department thinks the
Curfew Ordinance has been a good tool for them and he urged
City Council to keep the ordinance in it's entirety.
Mr. Swinney observed that in looking at the numbers, it's
obvious the Police Department has been very prudent.
That's probably the main reason for the ordinance's
success.
Mr. Greenwald recalled that when they first discussed the
ordinance, they didn't envision it as a panacea, but rather
just another tool.
Mr. Sweatt related that in a survey conducted recently by
the U.S. Conference of Mayors, it was found that 46 of the
cities that responded have a new or recently modified
curfew ordinance and of those cities, 21% have had them for
a year or less. It is a mark of distinction and
farsightedness that Council made this tool available for
the Police Service several years ago.
Mr. Greenwald declared it has proved a good market for the
Police Department evidenced by the number of citizens not
here to complain about the Curfew Ordinance. Mr. Swinney
added the first line of defense is the parents and he
thinks he's starting to see parents becoming more aware
again of where their children are.
Judge Cinnamon, mentioning he comes in contact with results
of the Curfew Ordinance all the time, said he thinks what
has happened is evidence of the Council's wholehearted
backing of Teen Court. He plans to present some figures to
Council at a later date to show them how successful Teen
Court has been. Judge Cinnamon commented what he's seeing,
in other than Teen Court (regular Municipal Court), are
-102-
more parents coming with their children when they're not
required to. There seems to be an awareness that children
are part of a family and the family must work together.
Judge Cinnamon heartily recommended that Council keep the
Curfew Ordinance in effect.
Mr. McInnis of 411 River Road asked if the Curfew
Ordinance applies only when children are out on the street
or does it also apply if they're in their own front yard.
Chief Agee answered it primarily deals with public places,
but there are other laws that would apply to children on
their own property. Mr. McInnis explained he has a
problem just about every night with loud noises. Chief
Agee asked Mr. McInnis to get together with him sometime
and they'd see what they could do to help him.
There being no further comments, Mayor Baldwin closed the
public hearing at this time.
Mr. Greenwald moved to reapprove and continue the current
Curfew Ordinance. Mr. Swinney seconded the motion, which
carried with the following votes:
AYES: Councilmembers McDonald, Potempa, Sawyer, Swinney
and Greenwald.
NAYS:
None.
#6 BID AWARD: Consider and take action on awarding
bid for fire hose.
Mr. Sweatt reminded Council that included in their packets
was a tabulation of two bids received for specific fire
hose. The hose being purchased includes twenty 50'
sections of I 3/4", ten 100' sections of 5", one 50'
section of 5" and four 25' sections of 5". Ferrara
Firefighting Equipment submitted a bid of $9,540 and Wilson
Fire Equipment submitted a bid of $8,925. It is
recommended the bid be awarded to Wilson Fire Equipment.
The bid falls within our budgeted amount.
Mr. Sawyer moved to award the bid for fire
Fire Equipment in the amount of $8,925.
seconded the motion, which carried with
votes:
hose
Mr.
the
to Wilson
Potempa
following
AYES: Councilmembers McDonald, Potempa, Sawyer, Swinney
and Greenwald.
NAYS: None.
Mr. Sweatt, in connection with the bid, asked Chief
Woodward to provide some information to Council regarding
the new fire truck.
Chief Woodward
fire truck and
had been to Louisiana to check on the new
had pictures with him for Council to see.
-103-
The Chief reported the truck is way above his expectations.
It is being painted now and they are looking for delivery
by February 1st. He also informed Council they got a 1996
chassis which gives them one more year on the key rate.
The Chief thanked Council and the citizens of Schertz for
making the purchase of the new fire truck possible.
Mr. Swinney asked about the training schedule
Woodward replied when the truck is delivered,
spend three days with Fire Department personnel
day with Public Works personnel. If we're not
they will stay longer.
#7 CITY MANAGER'S REPORT: There was none.
and Chief
they will
and half a
satisfied,
#8 ITEMS BY COUNCIL: Mr. McDonald: Reported he had
attended the Economic Development and Environmental Review
Committee meeting for AACOG today as an alternate. Saying
he would reserve his comments, noted it's a bureaucracy at
work.
Mr. Potemoa: A. Related the Tax Incremental Finance
(TIF) Committee had a meeting Monday evening and things are
looking good. It's a possibility they may be able to reach
one of their goals (widening of Schertz Parkway) in ten
years versus twenty years as was originally thought.
B. Thanked everyone for their thoughts and prayers after
his surgery last month and said he was glad to be back.
Mr.
Oak
more
Sawyer: A. Stated he had two reports of
Forest and the residents out there would
patrolling by the police.
vandalism in
like to see
B. Commented it has been a real pleasure working with the
Council and he's looking forward to many more years.
Mr. Swinney: A. Declared it was ironic they had minutes
for approval on the agenda tonight which included the
meeting with Paragon Cable and he just happened to get his
"love notice" from Paragon. Ms. Nivens had commented,
when he asked her about future cable rate increases, that
if competition comes in from phone companies, then cable
rates may possibly come down. She said it depended on the
competitive environment.
Mr. Swinney expressed disappointment with the new cable
rates coming out and indicated he is one consumer who is
voting with his pocketbook. Maybe if more consumers did
that, it would get some attention. He is dismayed about
the lack of competition.
B. Reported
people fret
season.
he had a call from a concerned citizen saying
about their yards during the sewer averaging
-104-
Mr. Sweatt told Mr. Swinney, as he knows, the City
currently provides for a three-month winter averaging to
determine the sewer bill. We are experiencing a dry winter
and as a result, are hearing from a lot of citizens. The
suggestion was made we drop off one of the months and just
do a two-month averaging. Initially, that has some
attraction, but when you look at the cyclic billing and the
need to get that information across to all the citizens, he
doesn't know if it would be very effective. Mr. Sweatt
emphasized he understands the problem, but isn't sure the
City has a good solution.
Mr. Sawyer, stating that's the music we've been dancing to
forever, thought the current method of winter averaging
should be left alone.
Mr. McDonald pointed out there are people out there with
new houses putting in lawns and using a lot of water.
Eight years ago he was new to the City and put in a lawn
and had a $30 sewer bill for the first year he lived here.
Mayor
charge
really
Baldwin mentioned the
year round based on
hurts folks.
only real alternative is to
water consumption and that
Mr. Swinney asked if San Antonio and the surrounding
cities use the three-month winter averaging. Mr.
Bierschwale wasn't sure, but thought New Braunfels uses a
two-month winter and a two-month summer averaging. He
volunteered to call around and find out.
Going
said
cable
back to the discussion about Paragon, Mr. McDonald
he had called and cancelled everything but his basic
service.
Mr. Sweatt commented one of the things Paragon is
stressing is that we're not far from seeing a full
menu-driven program. Once the fiber optics are in place,
you should be able to pick and choose your levels of
service.
Mr. Swinney indicated he felt very slighted for Paragon to
say in a letter that he was a valued customer and to
explain this rate increase was for increased service and
channels and also that they were going to be doing
wonderful things for the schools. He commends them for
doing things for the community, that's a major investment,
but it astounds him that Paragon is basically a monopoly.
c. Noticed,
and school
President.
in a letter to the editor, that local councils
boards were put in the same bracket with the
~r. Greenwald:
Sawyer attended
The gentleman did
A. Reported
Mr. Mazoch's
a lot for the
that he, the Mayor and Mr.
funeral service yesterday.
City and we will miss him.
-105-
B. Announced he went to a BVYA meeting last week. It's
baseball time again. In case anyone gets calls from
parents, the prices went up and the cost for an average
child is a little over $35. Mr. Swinney asked if the
price is broken down and Mr. Greenwald replied it is as
far as equipment, liability, etc. Pony baseball has put in
some rules, so there will be face protection equipment and
batting helmets. Also, the candy drive will be
discontinued.
Speaking
that the
to $3.00
of fund-raising drives, Mr. Sawyer interjected
price of Girl Scout cookies has gone up from $2.50
and the number of cookies has gone down.
#9 ITEMS BY MAYOR: A. Related that at the Northeast
Partnership meeting, the cities voted to join the San
Antonio Economic Development Foundation and the.Austin-San
Antonio IH-35 Corridor Council. The Corridor Council's
representative, Jim Shaw, informed them that for their fee
to join the Corridor Council, they can have two seats on
the Executive Board. There is an Executive Committee
meeting February 15th.
The Partnership also heard a presentation by Janet Kennison
of the Metropolitan Planning Organization (MPO) about the
proposed plans for the widening of IH-35 from downtown San
Antonio out to Loop 1604. The public hearing was held at
the new BAMC hospital. What he saw of the new structure
was very nice.
Mr. Sweatt, saying he was speaking for the EMS services,
hoped they will have a road for them to get there on.
Mayor Baldwin mentioned they are looking for federal
assistance in putting an interchange in there that will be
just for the hospital to get ambulances in and out. They
are also talking about elevated lanes, high occupancy
vehicle lanes and rail transportation and are looking for
input. If anyone has input, they need to contact the MPO.
Mr. Swinney, verifying that Selma is part of the Northeast
Partnership, asked how much worry there is about Retama
closing. Mayor Baldwin replied it really hasn't been a
subject of discussion at the Partnership meetings.
Obviously, it is in the best interest of all for it to stay
open. Mr. Swinney observed he's sure the Ramada Hotel
would be glad for Retama to stay open.
Speaking of the Ramada, Mr. Sweatt informed Council the
staff is touring it tomorrow morning. The plans are for it
to open by the end of the month.
B. Asked what's being built behind Jack-in-the-Box. Mr.
Sweatt replied Arby's is going in there. Mr. Sawyer
thought there was a Texaco going in up there someplace.
-106-
Mr. Sweatt confirmed that Texaco has refiled a site plan.
Mr. Simonson added they've refiled their third site plan
and this one is supposed to be a new corporate image.
We're supposedly getting one of the first ones in the
United States. Mr. Simonson felt the City should expect
to see something within the next 90 days to begin
construction there.
Mr. McDonald asked Mr. Simonson if there's been any word
from HEB and was told there has not been.
Mayor Baldwin inquired if anyone else had questions. Mr.
Sawyer wanted to know if City Council goes around from
department to department to meet people. Mr. Sweatt
answered he thought they may do that at budget time. Mr.
Sawyer expressed the desire for all the City employees, not
just department heads, to know who the Mayor. and City
Council and City Manager are. Mr. $weatt acknowledged
that is part of the aim of the new employee orientation
program.
#10 ADJOURNMENT: On a motion by Mr. Potempa, seconded
Mr. Sawyer and unanimously carried, the meeting was
adjourned at 7:56 p.m.
r-
Mayor, City of Schertz, Texas
ATTEST:
~J~
City Secretary, City of Schertz
-107-