ccreg 02-20-1996
REGULAR SESSION OF THE CITY COUNCIL
FEBRUARY 20, 1996
The Schertz City Council convened in Regular Session on
Tuesday, February 20, 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, City Secretary
Norma Althouse and Librarian Gail Douglas.
Mayor Baldwin welcomed everyone and asked them to rise and
join him in the Pledge of Allegiance to the flag.
Mayor Baldwin then introduced several people. ,The first
was Tom Young, Republican candidate for County Commissioner
Precinct #3 who was asked if he wished to speak. Mr.
Young declined and said he would remain after the meeting
if anyone wanted to talk with him at that time. The second
was Second Class Scout Matthew Bolin of Troop 51 who's
working on a merit badge in communications. He will be
taking notes this evening. Next were seven students from
Joyce Briscoe's Government class, and last, but not least,
were past and present members of the Library Board.
Ms. Douglas introduced those attending the meeting and
they were as follows: Richard Cervantes, Margaret Riley,
Ruth Tienor, Julie Parr, Barbara Ricks, Barbara Quates,
Mary McAllister, Dan Schofield and Connie Brison. It was
also mentioned that Councilmember Earl Sawyer was a past
member of the Board.
#1 APPROVAL OF MINUTES: A. Regular Session 2-06-96
Mr. Sawyer moved to approve the minutes, as written, for
the Regular Session of 2-06-96. Mr. Swinney seconded the
motion, which carried with the following votes.
AYES: Councilmembers McDonald, Potempa, Sawyer, Swinney
and Greenwald.
NAYS: None.
#2 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.
#3 ORDINANCE: Consider and take action on
reading of an ordinance amending the Traffic Code,
18-32, Stop Intersections, Section 18-33, All-Way
and Section 18-35, Yield Intersections.
final
Section
stops,
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Mayor Baldwin introduced an ordinance and read the caption
as follows:
ORDINANCE NO. 96-D-2
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS, PROVIDING THAT THE CODE OF ORDINANCES,
CITY OF SCHERTZ, TEXAS BE AMENDED BY REVISING
SECTION 18-32, STOP INTERSECTIONS, SECTION 18-33,
ALL-WAY STOPS, AND SECTION 18-35, YIELD
INTERSECTIONS; AND PROVIDING A REPEALING CLAUSE.
Mr. Sweatt informed Council the purpose of this ordinance
is to authorize placement of traffic control signs mainly
in the new subdivisions within the City. This is the
second and final reading and approval is recommended.
Mr. Greenwald moved to approve the final reading of an
ordinance amending the Traffic Code, Section 18-32, Stop
Intersections, Section 18-33, All-Way Stops, and Section
18-35, Yield Intersections. Mr. McDonald seconded the
motion, which carried with the following votes:
AYES: Councilmembers McDonald, Potempa, Sawyer, Swinney
and Greenwald.
NAYS: None.
#4 ORDINANCE: Consider and take action
reading of ordinance limiting the carrying of
the premises of the City of Schertz.
on first
weapons on
Mayor Baldwin introduced an ordinance and read the caption
as follows:
AN ORDINANCE
LIMITING THE CARRYING OF WEAPONS ON THE PREMISES
OF THE CITY OF SCHERTZ; PROVIDING FOR
ENFORCEMENT; PROVIDING A SAVINGS CLAUSE;
PROVIDING A PENALTY FOR VIOLATION; AND PROVIDING
AN EFFECTIVE DATE.
Mr. Sweatt advised the recent change in State law
regarding the carrying of concealed weapons and licensing
persons to carry concealed weapons has brought about the
need to consider establishment of certain rules and
regulations. This ordinance proposes, among other things,
to prohibit the carrying of any weapons including clubs,
firearms or illegal knives, as those terms are defined in
the Texas Penal Code, on any City property including
City-owned, operated or maintained buildings, easements and
parking areas. It does not regulate or exempt the carrying
of weapons by members of the Schertz Police Department or
other local, State or federal law enforcement personnel.
It does not regulate the carrying of concealed handguns in
city parks by persons who hold a valid license under the
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section of the State law which provides for registration
and training, except as that might be limited by provisions
of the Texas Alcohol and Beverage Code, nor does it
regulate the carrying of weapons on public streets because
that is regulated by other aspects of the State law. The
ordinance directs the placement of appropriate signs on
City property and establishes an effective date.
Mr. Sweatt further stated that at the last workshop
questions were raised regarding federal officers and
military personnel. It is believed the ordinance is
appropriately styled so that federal law enforcement
personnel are exempted. Other military personnel who might
be transporting are covered under both the military rules
as well as state laws. Otherwise military personnel will
be subject to the same provisions of the ordinance about
being on City property. In the event of marshal law or a
natural disaster, any of the military personnel'who would
be assigned would be operating under the general authority
of a federal law enforcement person, so would be exempted
from this provision.
Mr. Swinney moved to approve the first reading of an
ordinance limiting the carrying of weapons on the premises
of the City of Schertz. Mr. potempa seconded the motion,
which carried with the following votes:
AYES: Councilmembers McDonald, Potempa, Sawyer, Swinney
and Greenwald.
NAYS: None.
#5 ORDINANCE: Consider and take action on first
reading of an ordinance amending the Code of Ordinances by
deleting Chapter 12, Municipal Court, and replacing same
with revised Chapter 12, Municipal Court.
Mayor Baldwin introduced an ordinance and read the caption
as follows:
AN ORDINANCE
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS, PROVIDING THAT THE CODE OF ORDINANCES,
CITY OF SCHERTZ, TEXAS, BE AMENDED BY DELETING
CHAPTER 12, MUNICIPAL COURT, AND REPLACING SAME
WITH A REVISED CHAPTER 12, MUNICIPAL COURT; AND
AMENDING CHAPTER 18, TRAFFIC, BY DELETING SECTION
18-15, SECTION 18-16, AND SECTION 18-17;
PROVIDING AN EFFECTIVE DATE; AND REPEALING ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT.
Mr. Sweatt related, that as the caption indicates, they
propose to eliminate the current Chapter 12, which
establishes Municipal Court operations, and replace it with
a revised Chapter 12. They also propose to repeal portions
of the Traffic Code because of redundant language that
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deals with the Municipal Court. It would be repealed in
the Traffic Code and be contained in the new Chapter 12,
Municipal Court Code. This ordinance tracks current
practices, includes fees, describes and perfects the manner
in which personnel are appointed, and clears up the
confusion about the City Secretary's duties including the
Municipal Court function (they have not included that for
some time). Approval of the ordinance is recommended.
Mr. Greenwald moved to approve the first reading of an
ordinance amending the Code of Ordinance by deleting
Chapter 12, Municipal Court, and replacing same with
revised Chapter 12, Municipal Court and amending Chapter
18, Traffic, by deleting Sections 18-15, 18-16 and 18-17.
Mr. Sawyer seconded the motion, which carried with the
following votes:
AYES: Councilmembers McDonald, Potempa, Sawyer, Swinney
and Greenwald.
NAYS: None.
#6 APPOINTMENTS: Consider and take action regarding
appointments/reappointments to the Library Advisory Board.
Mr. Sweatt commented the term for the Library Advisory
Board is two years. Those being proposed for Board
membership are Ruth Tienor as Chairman, John Grosskopf as
Vice-Chairman, Barbara Ricks as Secretary, Julie Parr as
Treasurer, Pattie Lovelady, Mary McAllister, Dallin
Malmgren, Barbara Quates and Juan Thorn.
Mr. Sawyer moved to appoint the following members to the
Library Advisory Board: Ruth Tienor as Chairman, John
Grosskopf as Vice-Chairman, Barbara Ricks as Secretary,
Julie Parr as Treasurer, Pattie Lovelady, Mary McAllister,
Dallin Malmgren, Barbara Quotes and Juan Thorn. Mr.
Swinney seconded the motion and before the vote, several
comments were made.
Mr. McDonald remarked they're doing a wonderful job at the
library despite the obstacles with the bar code system.
Mr. Sweatt asked Ms. Douglas how long she expects it will
take before the problem is solved and Ms. Douglas replied
about a month.
Mr. Potempa announced that for anyone who wants some good
books, the Library has a great bookstore at very reasonable
prices.
Mayor Baldwin admitted the Library has come a long way
since 1978 and we're all very proud of it.
Mr. Swinney concurred that the Library is something to be
proud of and expressed his appreciation for all the
volunteers.
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At this time the vote was taken and the motion carried as
follows:
AYES: Councilmembers McDonald, Potempa, Sawyer, Swinney
and Greenwald.
NAYS:
None.
Mayor
Board
years
Baldwin thanked the members who are going off the
and expressed the City's gratitude for all their
of service.
#7 RESOLUTION: Consider and take action regarding
resolution supporting the building of a modern Guadalupe
County Juvenile Probation Facility in Seguin, Texas.
Mayor Baldwin read the following:
RESOLUTION NO. 96-R-1
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS, SUPPORTING THE BUILDING OF A MODERN
GUADALUPE COUNTY JUVENILE PROBATION FACILITY IN
SEGUIN, TEXAS.
WHEREAS, the growth of Guadalupe county is increasing
in population; and
WHEREAS, the detention facility of the Guadalupe
County Juvenile Probation Department is considered outmoded
and inadequate to meet the needs of juvenile detainees both
at present and in the future; and
WHEREAS, the City Council believes that a resolution
should be adopted supporting the completion of the facility
for detaining juveniles in need of supervision to be
erected in Seguin, Texas;
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SCHERTZ, TEXAS:
THAT, the City Council of the City strongly supports
the completion of the planned detention facility of the
Guadalupe County Juvenile Probation Department which will
be a progressive step forward in providing needed care and
supervision for delinquent juveniles.
Mr. Swinney
building of
Facility in
motion.
moved to approve the resolution supporting the
a modern Guadalupe County Juvenile Probation
Seguin, Texas. Mr. Potempa seconded the
Mayor sawyer mentioned the Council had a request from Judge
Cinnamon to lend a little support to the effort of building
a Juvenile Probation Facility in Seguin. It needs to have
a public vote and their have been some delays in doing
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that. Looking at the statistics presented to Council by
Judge Cinnamon last week pointing out the overcrowded
conditions and the inadequate holding facilities, Council
felt it urgent that smebody get on the ball and start
putting this thing together.
At this time the vote was taken and the motion carried as
follows:
AYES: Councilmembers McDonald, Potempa, Sawyer, Swinney
and Greenwald.
NAYS: None.
#8 BUDGET ADJUSTMENT: Consider and take action on
recommendation for budget adjustment related to
establishment of compensation for Associate Municipal Court
Judge.
Mr. Sweatt reminded Council, that as they had discussed at
a recent workshop, the City has had the benefit of Judge
Cinnamon's assistance with the Municipal Court's
reorganization and activities. They have found the results
to be revisions to the workload and a substantial increase
in fines that are part of the court and the criminal
justice system. It has been extremely beneficial having
the Associate Municipal Court Judge spend as much as twenty
hours a week in our organization. It is proposed Council
recognize an increase in revenue of $10,000 annually and a
proposed expenditure of $4,807 for the establishment of a
part-time salary for the Associate Municipal Court Judge
position. It is recommended Council authorize a budget
adjustment accordingly.
Mr. Sawyer asked if when this budget adjustment is
authorized, are we also hiring someone to fill the
position. Mr. Sweatt replied the City currently has an
Associate Judge that is appointed by the City Council. Mr.
Sawyer asked if he's already been appointed and Mr. Sweatt
answered yes he has. Mr. Sawyer then pointed out we do
not have a job description for this position. He
understood from a conversation with Judge Cinnamon that he
was going to turn the Teen Court responsibilities over to
Jack Tokar and had no idea he was doing the amount of work
at the office that's he's doing. In Mr. Sawyer's opinion,
the City needs a job description for this position. Mr.
Sawyer also stated he cannot vote for this expenditure of
funds because it is not mid-year budget adjustment time and
this request is out of sync and not normally the way the
City does business.
Mr. McDonald moved to amend the budget to reflect the
additional $10,000 revenue on line 44010 and the additional
expenditure of $4,807 spread over lines 52010, 52014 and
52016 to compensate Judge Cinnamon for his efforts. Mr.
Potempa seconded the motion.
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~. .
Mr. Swinney indicated he did not see anything that limits
when the budget can be amended, if it's appropriate. Mayor
Baldwin commented they can amend the budget anytime they
want to. Mr. Sweatt explained that, traditionally, they
have not made many amendments throughout the year except on
major items. He feels, however, to recognize the efforts
of Judge Cinnamon, this amendment is appropriate,
Mr. Sawyer then inquired how this will affect other
volunteers such as Merwin Willman who have done outstanding
work. Are we going to establish positions for them? Mr.
Sweatt, saying he certainly doesn't want to take away from
the contributions of volunteers, noted the position of
Associate Municipal Court Judge is different in that he is
called upon at night to perform magistrate services and
also to perform his duties throughout the day, not just
necessarily from 8 to 5. Mr. sawyer observed that,
unfortunately, he was not aware that's what Judge Cinnamon
was doing. .
Mr. Potempa mentioned a major accident the other day and
the fact they couldn't get hold of the Justice of the
Peace, so the Police Chief requested they call Judge
Cinnamon from his residence to come to the scene and he
did.
Mayor Baldwin stressed that Judge Cinnamon has also spent a
lot of hours at the City helping reorganize the Municipal
Court system. Mr. Sawyer acknowledged he likes Judge
Cinnamon a lot and likes this position, he just doesn't
like the way they went about it.
Mr. Swinney
differently.
position and
filled.
asked Mr. sawyer what it is he would
Mr. Sawyer replied he would like to see
job description created first, then see
do
the
it
Mayor Baldwin agreed there should be a job description, but
felt Judge Cinnamon should be compensated because he's at
the City everyday. Mr. Sawyer said that's great, but a
lot of people don't know that and they need to be made
aware.
Mr. Swinney mentioned the job Judge Cinnamon is called on
to do such as legal specialization, unusual hours and the
volume of work, and emphasized that should merit him some
kind of compensation. Mr. Sawyer once again stressed that
people should be made aware of what Judge Cinnamon does so
they don't think the Council is expending funds on
something only they think is a good thing.
Mr. McDonald asked if Judge Cinnamon is an officer of the
City in his capacity as Judge and Mr. Swinney wondered if
his position is covered in generally recognized statutes
elsewhere. Mr. Sweatt answered the authority requires
some training under Justice of the Peace and other statutes
and there are training courses established under the
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criminal justice system. He is an officer of the City in
the sense of having line authority as a Judge. Mr. Sweatt
then said, as far a job description goes, he will be happy
to prepare one.
Mr. Potempa asked why Judge
compensated earlier and was told
was willing to volunteer his time
the money at that time.
Cinnamon had not been
by Mr. Sweatt the Judge
and the City did not have
Mr. Swinney asked what the specifics are about Judge
Cinnamon not being covered by health care. Mr. Sweatt
replied he is less than a full time employee. The
arrangement with Judge Cinnamon is that he will work less
than 1,000 hours per year.
Mr. Swinney then confirmed the Judge can work voluntarily
at his discretion. Mr. Sweatt affirmeQ that's correct.
At this time a vote was taken and the motion carried as
follows:
AYES: Councilmembers McDonald,
Greenwald.
Potempa, Swinney and
NAYS: Councilmember Sawyer.
#9 CITY MANAGER'S REPORT: A. Reminded
the Grand Opening of the Ramada Inn, Ltd.
from 4:30 pm to 6:30 pm.
everyone about
on March 5th
B. Announced
Rolling Oaks
invited.
he received notice of Luby's opening in
Mallon February 27th at noon. Everyone
the
is
C. Mentioned that during the recent ice storm we saw an
example of the emergency notification system we have worked
out with Paragon Cable. Each channel broadcast was
interrupted with a crawl across the bottom of the screen
which stated there is an emergency in whichever city and
with instructions to turn to channel 21.
#10 ITEMS BY COUNCIL: Mr. McDonald: Reported he had
driven by the One Star on Oak St. and it is the filthiest
place with trash blowing allover out of the dumpster.
They are not a good neighbor. Is there something we can do
about them? Mr. Sweatt promised to have the Inspection
Department check into it.
Mr. Potemoa: Noticed when he was driving around today
they started unloading heavy equipment between Denny's and
Jack-in-the-Box. Are they starting to build the Texaco?
Mr. Sweatt replied yes they are.
Mr. Sawver: A. Received complaints about children
throwing rocks at the Knights of Columbus building.
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B. Noticed there are more dogs out at 6:30 a.m. Mr.
Sweatt informed Mr. Sawyer the Animal Control Officers
have adjusted their hours periodically to try and monitor
this situation.
C. Mentioned he
Sweatt confirmed
locations now.
had seen some new crossing guards and Mr.
they have crossing guards in all three
Mr. Swinney: A. Stated he had lots of favorable comments
from his neighbors in Lone Oak about the park improvements.
B. Noted there have been numerous suggestions that it
might be advantageous to have lane dividers out by Pizza
Hut. There have been a lot of accidents there. Mr.
Sweatt indicated he had spoken to Public Works about the
situation.
C. Commented
regarding the
Sawyer asked
asking them
had been sent
he was glad to see all the positive response
graffiti project. On this subject, Mr.
if a letter had been sent to Coronado Paint
to donate to the cause and was told a letter
to them.
Mr. Greenwald: Remarked the latest set of plats submitted
by Texaco is their third and they've also submitted four
sets of construction plans. Mr. Sweatt said he
understands this Texaco will be a new design - one of the
first in the nation.
#11 ITEMS BY MAYOR: A. Declared this was the first day
to fill out an application for a place on the ballot of the
May 4th City election and all the incumbents have filed.
B. Reported a gentleman has complained to him several
times about the light at FM 78 and Schertz Parkway. It
stays green only a short time and stays red for a long
time. The gentleman wants someone to talk with the Highway
Department about the problem.
C. Expressed appreciation for the FM 78 status report in
the package. Explained the last time he saw Representative
Edmund Kuempel, Mr. Kuempel suggested he go to TXDoT with
the Mayor and the City Manager to try and get some things
done.
Mr. sawyer, saying he forgot this when it was his turn to
speak, inquired if the City and County collect taxes on
graveyards. There is a complaint from a citizen who says
they are taxing the property where Schneider Cemetery is
located. Mr. Sweatt indicated he will find out. His
thought is if it's not owned by a philanthropic
organization or some other person who's qualified for a tax
exemption, then it probably is subject to being taxed.
Mr. Swinney wondered how many cemeteries are in the City
and Mr. sawyer thought there are four or five.
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Mr. Sawyer also mentioned he had a good compliment from
Oscar Anderson on work the City did in front of his house.
For years he has been trying to get a low spot in the road
fixed and the City finally repaired it.
D. Asked if there's a possibility the old Methodist Church
could be designated as some kind of historical site. Mr.
Swinney thought the sanctuary was already recognized as a
national historical site. A brief discussion followed with
the Mayor stating if we can save the shoe store, we can
surely save the old Methodist Church.
#12 ADJOURNMENT: On a motion by Mr.
seconded by Mr. Swinney and unanimously
meeting was adjourned at 7:53 p.m.
Potempa
carried,
and
the
Mayor, City'- of Schertz, Texas
ATTEST:
~..~~ il/~~
Cit;~retary, City of Schertz
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