ccswks 02-14-1996
SPECIAL MEETING OF THE CITY COUNCIL
FEBRUARY 14, 1996
The Schertz City Council convened in Special Workshop
Session on Wednesday, February 14, 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.
Mayor Baldwin welcomed Judge Cinnamon and some students
from Joyce Briscoe's government class to the meeting.
U HEARING OF RESIDENTS
No one had signed up to speak.
#2 Consider and take action regarding BVYA building
use agreement.
Mr. Sweatt advised this item had been inadvertently left
off the agenda last week as an action item and so he had
sought permission from Council to place it on the agenda
tonight for action.
Responsibilities of the
maintenance activities
spelled out.
City and of BVYA,
and repair activities,
as far as
have been
Mr. Swinney
structure of
maintains the
the insurance
asked if the
the building and
insurance on the
on the contents.
insurance cost is on the
Mr. Sweatt replied the City
structure and BVYA maintains
Mr. sawyer
agreement.
carried with
moved to approve the
Mr. Greenwald seconded
the following votes:
BVYA
the
building use
motion, which
AYES: Councilmembers McDonald,
Greenwald.
Sawyer, Swinney
and
NAYS: None.
#3 ORDINANCE: Discuss final reading of an ordinance
amending the Traffic Code, Sections 18-32, 18-33 and 18-35.
Mr. Sweatt reminded Council they passed this ordinance on
first reading at their action meeting last week. It deals
mainly with specific traffic controls in newly developed
subdivisions.
Mr. Sawyer asked who pays for signs in the developments
before anything is for sale and Mr. Sweatt replied the
City pays for traffic control signs and the developer pays
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for street signs on their initial placement.
There was a brief discussion about having the City logo on
street signs, but Mr. Sweatt indicated it is quite costly
to do that. Mr. Sweatt related he has been in cities
where the homeowners associations posted large signs at the
entrance of subdivisions which listed all the streets
therein. He thought that might be an idea they could
pursue. Various other ideas were mentioned and Mr. Sweatt
told Council he would be glad to get some cost figures for
them.
After being asked by Mayor Baldwin, Council implied they
were ready for this item to be included on next Tuesday
night's agenda.
#4 ORDINANCE: Discuss first
limiting the carrying of weapons
City of Schertz.
reading of an ordinance
on t~e premises of the
Mr. Sweatt advised Council the draft they have in their
packets was prepared and reviewed by the City Attorney.
After some consultation with the Attorney General's office,
the City Attorney made a few changes to the draft and Mr.
Sweatt distributed the revised draft to Council. The
bottom line is that this is an ordinance limiting the
carrying of weapons as opposed to the carrying of handguns
specifically. No person may carry any club, firearm or
illegal knife as such terms are defined in Section 46.01 of
the Texas Penal Code, as amended, on any City property,
including City-owned, operated or maintained buildings and
easements, parking areas and appurtenances thereto or other
property of the City. It does not regulate the carrying of
weapons by members of the Police Department or other local,
State or federal law enforcement personnel who are
otherwise permitted to carry weapons, or the carrying of
concealed handguns in City parks by persons who hold valid
license under Article 4413.29E of the Texas Statutes except
to the extent the rights of such persons who carry
concealed handguns may be limited by other laws of the
State of Texas, including but not limited to, the Texas
Alcohol and Beverage Code. It shall not prohibit the
carrying of weapons on public streets of the City because
they are regulated by other applicable laws of the State.
Mr. Sweatt stated they believe this is a good response to
the issue of handguns and other weapons in public
facilities and public places. The issue of city parks has
been discussed by the Attorney General and his current
opinion is that cities do not have the authority to
prohibit the carrying of handguns by those persons who are
licensed to do so in city parks.
While the City
ordinance by the
will meet the
recommended.
has not had the absolute blessing of this
Attorney General's office, they believe it
test and approval of the ordinance is
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Mr. Sawyer asked if they are going for a blessing from the
Attorney General and was told by Mr. Sweatt they are.
Mr. Swinney asked if he could have an example and Mr.
Sweatt explained that a person who is licensed under the
Articles of the State law to carry a concealed handgun may,
in fact, appear on the premises of the City parks with the
gun. The Attorney General determined that was not within
the City's regulatory authority. This person may carry a
concealed handgun in the City park if he is licensed, but
that does not entitle that person to carry a shotgun, club,
etc. The Texas Alcohol and Beverage Code will deal with
the dispensing of alcohol under certain conditions at that
location. It's the City's belief a person, even though
licensed under the concealed handgun Statute, is prohibited
from carrying that weapon in certain places where alcohol
is dispensed. Mr. Swinney observed then, that-during the
4th of July, when alcohol is being sold and consumed, no
one should being carrying a concealed handgun. Mr. Sweatt
admitted that's their belief, but the problem comes in
enforcing it.
Mr. Greenwald asked how you define it and Mayor Baldwin
suggested posting it so when you arrest someone in
possession of a handgun, you can at least cite the person
for it. Mr. McDonald also mentioned you have to define
it. If you're selling beer in the pavilion, can the guy be
in the other end of the park, for example, the batting
cages, with his pistol. Mr. Sweatt related it is his
impression it probably will be near the alcohol purveying
point and in fact, the party licensed to convey the alcohol
is the enforcer.
Mayor Baldwin emphasized it seems to him that if a person
who is drinking and driving is considered dangerous to the
public, then a person who is drinking and carrying a
licensed weapon is also dangerous to the public.
Mr. Sweatt told Council that both TML and the City
Attorney feel this next session of legislature will attempt
to clear up the problem.
Mr. Swinney inquired if the next legislature amends the
law, can we amend this ordinance or are we going to wipe it
out and start over. Mr. Sweatt answered the ordinance
can be amended.
Mr. Swinney then asked for a clarification regarding the
federal disaster preparedness exercises they hold and the
traveling home of some of the security police at Randolph.
Do we loosely interpret that they are federal law
enforcement personnel or would it be prudent for us to add
military law enforcement personnel also. Mr. Sweatt
indicated he would like to talk with the City Attorney
before answering that question.
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After being asked by Mayor Baldwin, Council determined they
were ready for this item to be included on next Tuesday
night's agenda.
#5 ORDINANCE: Discuss first reading of an ordinance
amending the Code of Ordinances by deleting Chapter 12 and
replacing same with a revised Chapter 12.
Mr. Sweatt advised that Chapter 12 deals with the
organization of Municipal Court. There are a couple of
sections in the Traffic Code which overlap into the
Municipal Court area and this ordinance proposes to delete
those sections. Judge Cinnamon is here to answer any
questions Council may have. He and the City Attorney have
worked closely on this ordinance.
Mr. Sweatt went on to say the major changes ,deal with
outlining fees (not fines), outlining the manner in which
warrants are issued, outlining the' authority of the
magistrate and the way in which complaints are handled, and
clarifying the paragraph which says the Court Clerk is the
responsibility of the Secretary's office, which it has not
been for quite a number of years.
Judge Cinnamon reported that for some time the ordinances
have mentioned a $35.00 charge for warrants which changed a
while back to $25.00 because the law changed. That's not
the fine or the court costs, that's the fee we're allowed
to charge for a warrant. If there's more than one offense
on a citation, we can charge it on each offense.
The fines on a warrant are up to Council, as any fine is.
We set a standard, but it's not necessarily the minimum and
it's never the maximum. There's a new option in this
ordinance concerning passing school busses. For the first
time, the Municipal Court has the jurisdiction to handle
those offenses. We couldn't before because the maximum
fine was $1,000 and we couldn't go that high. Now, with
the opinion of the Attorney General and the wisdom of the
legislature, they have passed a law that says municipal
courts can handle it. We are limited to $500, however.
Mr. Sawyer asked Judge Cinnamon how
juvenile offenders, or others, who are
painting of the graffiti. Judge Cinnamon
of the community service program.
he assigns
going to do
replied it's
the
the
part
Mr. Swinney, referring to the fact the Judge is appointed
by the Council, asked if there's anything prudent they can
do to alleviate a situation (hypothetically speaking) where
the Council changes and several members want to get rid of
the Judge. Mr. Sweatt explained that Judge Finley is the
Municipal Court Judge and Judge Cinnamon is the Associate
Municipal Court Judge and they both serve at the pleasure
of City Council. So yes, the circumstances Mr. Swinney
described could happen.
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Mr. Swinney, saying they've gone a
some reasonable guarantees in
position, asked if they need to do
positions.
long
the
this
way toward putting
City's Manager's
for all appointed
During discussion, Mayor Baldwin pointed out the Judge's
positions are somewhat different as far as putting in
guarantees about their positions, and also you don't want
to hamstring the Council. Mr. Sawyer said sometimes you
want to change the Municipal Court Judge. There was also
talk about how many hours the Judges put in and Mr.
McDonald remarked, if it pleases Judge Cinnamon, he would
like to have discussion of compensation for the Associate
Municipal Court Judge placed on the next agenda (the
Associate Municipal Court Judge currently receives no
compensation) .
Mr.
court
Judge
Sawyer inquired if the
to cover the costs of
and was assured by Mr.
City's making enough money in
compensation for the Associate
Sweatt they are.
Mr. McDonald, referring to the ordinance, mentioned a lot
of places where the gender "his" is used. Mr. Sweatt
thought probably a lot of them are from the State Statutes,
but the gender could be removed without any problem.
Mr. Sawyer wondered if we can bring up a salary for Judge
Cinnamon at the next Council meeting, or do they need to
discuss it at a workshop.
Mr. Sweatt replied it's whatever Council wishes, and under
the item for the City Manager's Report he will be glad to
provide them information on what was planned along that
line for mid-year.
Council indicated they were ready for this item to be
placed on next Tuesday night's agenda.
Judge Cinnamon asked to say a few words and told Council
the Juvenile Probation Facility in seguin is on hold again.
He asked Harry Merrick to FAX him some information about
the current facility. It has seven beds and can hold a
maximum of eight people. That's never enough. Last year
the total average number of persons in the facility came
out to 6.8 everyday. They have to farm out some people to
other facilities.
Several years ago they came up with the idea to build a
facility in Guadalupe County to take care of the children
in Guadalupe County. Judge Cinnamon commented he was a
strong advocate of that and still is. The new facility
will have an excellent education program and will give them
a clean and decent place to stay. The Judge would like for
the City of Schertz to show that they back the proposition
for building a new facility. He felt that backing should
go on record somehow.
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Mr. Greenwald asked what the hold up is and Judge Cinnamon
replied there are some people who are not for it. He feels
those who are in favor of it outweigh the naysayers, but
it's the conflict of thought that creates the problem.
Mr. McDonald asked if the City can pass a resolution and
Mayor Baldwin answered yes.
Mr. Swinney observed that part of the problem is we live
in a difficult time for attitudes. You hear all these
horror stories about things such as filet mignon in prisons
and people are tired of paying for crime. We need to
differentiate. If we're ever going to save money, it has
to be at the start of the long road to crime rather than at
the end of it.
Mayor Baldwin invited Judge Cinnamon to the School Board
meeting tomorrow evening to see if he could interest them
in doing a resolution to support the .Juvenile Probation
Facility.
Mr. Sweatt mentioned this is not only stalling the
Juvenile Probation Facility process, but also the
sub-courthouse proposed to be built in Schertz.
Mr.
been
Judge
there
Swinney asked Judge Cinnamon if it's true there has
a tremendous decrease in the County jail population.
Cinnamon replied he wouldn't say tremendous, but
has been a decrease.
Mr. Swinney then asked if there's any physical way to use
the County jail as a juvenile detention facility. Judge
Cinnamon explained the cost would be wasted. There's
really nothing there to build to. You have to keep the
children out of sight and sound of adult prisoners. To do
that, they would need to make major modifications to the
present facility and it's not worth it. He is attending a
meeting in Seguin tomorrow and will get the current figures
on the proposed facility for Council.
Mr. Sweatt indicated he will ask Judge Cinnamon to
with City staff in preparing a resolution supporting
Juvenile Probation Facility and then it will be placed
the next agenda.
work
the
on
#6 MEMORIAL: Discuss
memorial for Bob Andrews.
recommendation
regarding a
Mr. Sweatt reminded Council they have in their packets a
letter dated December 7th from Lee Boswell suggesting the
City consider adopting some sort of memorial for Bob
Andrews. The Planning and Zoning Commission has reviewed
this matter and given it considerable thought. As a result
they are suggesting that the most fitting memorial would be
to name the Conference Room after Mr. Andrews. Mr.
Sawyer thought that was a fine idea and the other
Councilmembers agreed.
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Mr. Swinney wondered if it would be possible to get a nice
picture from the family so a portrait could be hung in the
Conference Room along with a plaque. Mr. Sweatt promised
to check into it.
Mr. Sweatt then asked Council if they wanted this as an
action item on their next agenda or wanted to wait until he
finds out about the picture. Mayor Baldwin suggested
waiting until all the details are worked out so a nice
presentation can be made with his widow and children
present. The consensus was to wait.
#7 APPOINTMENTS: Discuss appointment/reappointment of
members to Library Advisory Board.
Mr. Sweatt commented the term for an appointment to the
Library Board is two years. The. proposed
appointments/reappointments include Ruth Tienor as
Chairman, John Grosskopf as Vice-Chairman, Barbara Ricks as
Secretary, Julie Parr as Treasurer and then Pattie
Lovelady, Mary McAllister, Dallin Malmgren, Barbara Quates
and Juan Thorn as other members of the Board.
Mr. Sawyer thought they should be appointed because it's
difficult to find people who have the time and are willing
to serve on a library board. These are good people.
Mr. Swinney wondered if the library has computers that
citizens can use. Mr. McDonald replied not yet. They're
bar coding all the books right now so you can check out a
book through the computer system. It's not up and flying
yet - it still has some problems.
Mr. Swinney inquired if they eventually plan to have a
couple of terminals the public can use and was told they
have a plan, it just takes funds. Mr. McDonald reported
they have been talking about asking the School Board to
open up the high school library two nights a week and the
library taking two nights a week so the school children
have some accesss for studying. Mayor Baldwin told Mr.
McDonald someone needs to make an official request of the
School Board.
Mr. Sweatt advised there is a program through the State
Library Association for developing PC's and tying into the
Internet. They are going to make some funds and some
equipment available and the City should be able to take
advantage of those services.
Council agreed they were ready for this item to be included
on next Tuesday night's agenda.
#6 CITY MANAGER'S REPORT: A. Distributed a draft of
some wording for Ann Almond's appreciation plaque. Noted
they desperately need a volunteer coordinator to take over
some of the duties Ms. Almond performed.
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Mayor Baldwin asked if this would be a plaque and Mr.
Sweatt replied yes, he had anticipated something
approximately 8 1/2" x 11" in wood with engraving and the
Schertz Logo on it.
Mr. Greenwald inquired if the gentleman with the laser has
an image of a float we could use. Mr. McDonald also
suggested the possibility of someone doing a line drawing
of a float. It could then be put into the laser machine
and be copied. Mayor Baldwin said if someone can find an
8" x 10" picture of the float, he will do the line drawing.
Mr. Swinney suggested the possibility of a picture of Ann
Almond with the float on the plaque and Mayor Baldwin asked
Mr. McDonald to spearhead the project with the engraver.
Mr. Sweatt's draft of what the plaque should say was
reviewed by Council. It read as follows: For: dedication
and hard work as Coordinator of the Citv of Schertz
oromotional float: encouraGinG oarticioation in area
oarades: assistinG with desiGn and decor for various
themes: and other "driving force" efforts. resultino in
numerous awards includino First Place ribbons and other
troohies"
Council suggested the first line be changed by
comma after dedication and including the
leadershio after hard work.
adding a
words and
B. Brought up the subject of compensation for Associate
Municipal Court Judge Cinnamon beginning at mid-year.
Judge Cinnamon often works 40 hours or more. He has been
of immeasurable help and the fines we receive have doubled
since he has reorganized some of the court workload. Mr.
Sweatt's recommendation to Council was $600 per month.
There was discussion on whether or not this would affect
Judge Cinnamon's Social Security, and on whether or not
this compensation is in the budget. Mr. Swinney
recommended the City Manager work out the figures and bring
them back to Council for review and consideration. Council
concurred.
C. Inquired if Council had any suggestions on the wording
for the Resolution supporting the Juvenile Probation
Facility. Mr. Greenwald, and the rest of Council, felt
that Judge Cinnamon could word it eloquently.
D. Thanked the Mayor and Council for the flowers they sent
to his mother when she had a stroke. She's currently in a
rehabilitation center and they're hoping for the best.
#7 ITEMS BY COUNCIL:
the hope everyone had
Management. If it were
County's or the City's
Baldwin urged alerting
Mr. Greenwald: A. Expressed
read the article on Rural Land
to pass, who's rules apply - the
inside the City limits. Mayor
TML to make sure cities start
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working on legislation to prevent the counties from telling
the cities how to operate.
B. Announced the closing of BVYA basketball is saturday,
February 17th at 10:00 am at Corbett Junior High School.
Everyone is invited. As a side note, mentioned that as of
last Wednesday night, 532 children had registered for BVYA
baseball.
C. Commented Planning and Zoning has been busy. Arby's is
planning a Grand Opening at the end of March. Several
public hearings are scheduled on zoning change requests and
one of those is a gated community behind Deer Haven. The
developers have agreed to comply with all the requirements
in the UDC for a gated community. Five homes are currently
going up in Ashley Place II - so far 20 lots have been
sold.
Mr. Swinnev: A. Humorously noted he had enjoyed spending
this romantic Valentine's Day evening with the Council.
B. Reported that Mayor Baldwin and Councilmember Sawyer
had attended his installation ceremony into the VFW.
Remarked that since Councilmember Sawyer delegates work so
well, specifically the graffiti project, he nominates him
to be a military officer. Mr. Sawyer stated that the VFW
is ready to remove the graffiti from their building. They
will supply the paint.
Mayor Baldwin interjected that since all the Councilmembers
belong to the VFW, they thought that would be of national
interest and want everyone to get VFW hats and then have
their picture taken as a group.
C. Questioned where we are as
and Mr. Sweatt replied we
conservation stage.
far as water conservation
are in the voluntary
D. Asked, regarding sewer averaging, if the citizens will
know when the averaging is finished. Mr. Sweatt answered
he believes the cycles are listed on the water bills.
Before moving to Items by Mayor, Mr. Sweatt
Council that TML has assigned an attorney, Lowell
to the Mower case.
advised
Denton,
#8 ITEMS BY MAYOR: Reported the School Board had a
workshop session last night and they did not decide on the
Greenshire tract as a site for a school at this time.
i9 ADJOURNMENT: On a motion by Mr.
seconded by Mr. Sawyer and unanimously
meeting was adjourned at 8:50 p.m.
Swinney
carried,
and
the
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MaYo9iff!'!.~
ATTEST:
~-'!".J ~-I/>'i:~
City Secretary, City of Schertz
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