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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, -132- 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 -133- 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 -134- 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. -135- 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 -136- 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. -137- ~. . 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 -138- 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. -139- 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. -140- 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 -141-