ccreg 03-05-1996
REGULAR SESSION OF THE CITY COUNCIL
MARCH 5,1996
The Schertz City Council convened in Regular Session on
Tuesday, March 5, 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: Those citizens wishing to
speak on agenda items (other than public hearing items) or
items not on the agenda, will be heard at this time.
No one had signed up to speak.
#2 POLICE RESERVE: Consider and take action on
appointing a new member to the Police Reserve Force.
Chief Agee introduced John Eisen saying
in the selection process and meets all
necessary to be a police officer.
he had ranked high
the requirements
Mr. sawyer moved to appoint John Eisen
Reserve Force. Mr. Swinney seconded the
carried with the following votes:
to the
motion,
Police
which
AYES: Councilmembers McDonald, Potempa, Sawyer, Swinney
and Greenwald.
NAYS: None.
#3 ORDINANCE: Consider and take action
reading of ordinance limiting the carrying of
the premises of the City of Schertz.
on final
weapons on
Mayor Baldwin introduced an ordinance and read the caption
as follows:
ORDINANCE 96-M-3
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 this is the second and final reading
for this ordinance. It deals with the carrying of weapons
as opposed to dealing exclusively with the carrying of
firearms. Weapons are those as defined under terms of the
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Texas Penal Code. The ordinance does not regulate 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 Article 4413 of the Revised Texas Statutes, which is
the concealed handgun law. It also does not regulate the
carrying of weapons on public streets of the City as those
are regulated by other applicable laws of the State of
Texas. The parks issue is a somewhat complex and
convoluted determination based on a recent Attorney
General's opinion. On that basis, the City has deferred to
the Texas Alcohol and Beverage Code in dealing with
firearms in the vicinity where alcohol is sold in parks.
Michael Spain can answer any questions the Council may have
in that regard.
Mr. Sawyer moved to
ordinance limiting the
of the City of Schertz.
approve the fi~al reading of an
carrying of weapons on the premises
Mr. Potempa seconded the motion.
Mr. Greenwald mentioned the main concern was that the VFW
and the Knights of Columbus and various other organizations
sublet their licenses for the 4th of July and the Firemen's
Dinner, etc. Is the TABC rule applicable to just selling?
Mr. Spain replied it is his understanding if beer is being
sold in the park under a valid license, then concealed
handguns would not be permitted.
Mayor Baldwin mentioned that signs do have to be posted and
Mr. Spain affirmed that's correct. Mr. Sweatt, saying
they had contacted the TABC, stated it is their intention
to use the same perimeters used in the ordinance for the
Schertz Business Association 4th of July Jubilee.
At this time the vote was taken and the motion carried with
the following results:
AYES: Councilmembers McDonald, Potempa, Sawyer, Swinney
and Greenwald.
NAYS: None.
#4 ORDINANCE: Consider and take action on final
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:
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ORDINANCE 96-D-4
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. Swinney moved to approve the final 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. Greenwald 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 17, Article III, Room Occupancy Tax, and
replacing same with a revised Chapter 17, Article III, Room
Occupancy Tax.
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 lUu>.....AD BY DELETING
CHAPTER 17, ARTICLE III, ROOM OCCUPANCY TAX, AND
REPLACING SAME WITH A REVISED CHAPTER 17, ARTICLE
III, ROOM OCCUPANCY TAX; REPEALING ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT;
AND PROVIDING AN EFFECTIVE DATE.
Mr. Sweatt commented the Council had just recently been
furnished with a copy of this ordinance slightly revised
from what was in their packages. The additional changes
are in Section 17-23 and Mr. Spain will be glad to answer
any questions Council may have regarding those changes.
This is an update of the ordinance adopted in 1984. It
contains the most current revisions to conditions relating
to collections and types of exemptions and exceptions.
While the City has no intention at the present time to
contract with other sources to perform the activities of
collecting the hotel/motel tax, there is a section in this
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ordinance which authorizes such actions.
Mr. Spain spoke on the two additional exceptions added to
Section 17.23. They are (c) and (d) and pertain to federal
employees and diplomatic personnel. Exception (c) states
that federal government employees traveling on official
business when the United States pays the hotel directly by
government check, purchase order or government credit card
will not have to pay the tax. Federal employees traveling
on official business when paying from their own cash,
personal check or credit card will have to pay the tax and
then apply for a refund. Exception (d) states diplomatic
personnel who present a Tax Exemption Card issued by the
United States Department of State will not have to pay the
tax.
Mr. Swinney wasn't clear about why we would charge someone
on official U.S. government business the hotel/motel tax.
It seems like the money is going around in a loop. Mr.
Spain explained that according to the Statute, you would
charge everyone the hotel/motel tax and then they would
apply for a refund. You can't grant an exception that is
not permitted by the Statute.
Mr. Swinney reported he has traveled a lot with the U.S.
Air Force and always paid with a personal credit card and
was rarely charged the tax. Mr. Spain pointed out until
the last session of the legislature, it was an exception.
There
person
rebate
was some
has to
and prove
confusion and Mr. Sweatt pointed out the
apply to the State and to the City for a
they were on official government business.
Mr. Swinney emphasized this doesn't make sense to him and
Mr. Spain admitted there are other categories of workers
who also have to apply for a refund and it seems real
cumbersome.
Mr. Sweatt remarked that at one time City employees who
traveled on official business were exempt, but that
exemption has been wiped out. Mr. Spain added one other
exemption that has been wiped out is people traveling on
business for non-profit corporations.
There was a brief discussion during which it was stated
this change took place during the last legislature, but of
course they didn't take themselves off the exempt list.
Mr. Greenwald commented he thinks active duty military can
pick up a credit card from finance to use for expenses
while they're traveling. Mr. Swinney corroborated that,
stressing it can be used for military travel only, not
personal expenses.
At this time the vote was taken, and the motion carried as
follows:
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AYES: Counci1members McDonald, Potempa, Sawyer, Swinney
and Greenwald.
NAYS: None.
#6 REORGANIZATION: Consider and take action
regarding addition of one position to general collections
function.
Mr. Sweatt reminded Council, that as they had discussed at
the last workshop, due to the death of Alice Austin, they
have begun reorganizing the general collections function
and a number of other functions within the general
collections process. The workload has been increasing for
some time and they were considering adding one clerical
position to the front office. With Mrs. Austin's death,
the need to do that has been accelerated. They would like,
with Council's approval, to add one position. The net
effect will be to have two additional cashier positions in
the front office. If that is accomplished, they will have
water personnel dealing with water cash and receivables,
general fund personnel dealing with general fund cash and
receivables and the municipal court, as mentioned before
will have its own till, so they will be dealing with
municipal court cash and receivables. This will all be
attained by reassigning some responsibilities, with
accompanying salary step increases, at a total cost of
$l,OOO maximum above that projected under the current
budget for the one position of Office Manager/Data Systems
Administrator. The request is to add one additional person
to the overall organization.
Mr. Swinney inquired how long it will be before the two
new individuals are up to speed. Mr. Sweatt replied about
a three month period before they are fully trained, but
functionally about three weeks before all duties are
assumed.
Mr. McDonald expressed concern, but stated he would have
to defer to the city Manager's decision on this. When the
previous City Secretary retired, they had to replace one
position with two. Seems like now we've lost another
employee and are replacing that one position with two.
Why? Is this the opportune time to do it?
Mr. Sweatt explained when the previous City Secretary
retired, the duties were divided. The personnel and human
resources functions were reassigned to another existing
employee and a clerical position was added. In this
instance, they are taking the Office Manager's position and
reassigning the supervisory duties to an existing employee
and creating two clerical positions. He would have been
coming to Council by at least next budget year, or perhaps
mid-year, requesting another clerical position be added to
the front office. The workload has increased to that
point. A lot of cash passes through the front counter.
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Mr. Potempa wondered if the City's having problems with
cash control and was assured by Mr. Sweatt they are not.
Mr. Sweatt stated in order to pinpoint responsibility, it
is simply necessary to tighten controls. As the City
grows, it is good business practice to take these steps.
Mr. Swinney pointed out one of the growth industries is
the public sector and asked Mr. Sweatt if he feels the
ratio of City employees versus citizens is staying fairly
constant. Mr. Sweatt replied he feels the City is
actually behind in that area. The City has grown
appreciably without the addition of new personnel.
Mr. Swinney then asked about physical space for new
employees. Mr. Sweatt answered they are out of space. It
is a problem, not just in the front office, but in other
departments throughout the City.
Mr. Greenwald moved to approve the addition of one
position to the general collections function of the City.
Mr. Sawyer seconded the motion, which carried with the
following votes:
AYES: Councilmembers McDonald, Potempa, Sawyer, Swinney
and Greenwald.
NAYS: None.
#7 EXECUTIVE SESSION: Called under Chapter 551 Texas
Government Code, Sub-Section 551.071, consultation with
attorney on pending or contemplated litigation.
An Executive Session was held from 7:35 p.m. to 8:12 p.m.
#8 Consider and take
Executive Session.
action, if any, on above
No action was necessary.
#9 CITY MANAGER'S REPORT:
March 7th the Seguin Bank will
11:30 a.m. at its new location
invited.
Announced that on Thursday,
hold its groundbreaking at
on FM 3009 and everyone is
#10 ITEMS BY COUNCIL: Mr.
sign coming into the City at
Aviation has been refurbished by
McDonald: Reported
the low water crossing
GVEC and looks good.
the
on
Mr. Swinnev: A. Wondered if the Spurs are involved in
any negotiating or politicking out this way with the
Northeast Partnership. Mayor Baldwin was not aware of any.
B. Asked if the City is still in the voluntary water
conservation stage and was told by Mr. Sweatt they are.
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c. Inquired if winter averaging is still in process. Mr.
Sweatt replied the last of it should be concluded around
March 10th.
Mr. Greenwald: Jokingly remarked that in conjunction with
the Grand Opening of the Ramada Ltd. this afternoon, they
should start discussion at the next workshop about building
a domed stadium.
#11 ITEMS BY MAYOR: A. Told Council that Earl Johnson,
a former Councilmember and City employee, is seriously ill
with the final stages of Lou Gehrig's disease. He lives at
301 Maple and for those who know him, he appreciates and
enjoys someone stopping by to visit.
B, Reported he received a call from the Governor's office
and was asked to accept an appointment to a, Governor's
Committee on water and sewer issues in the state of Texas.
He was happy to be selected. .
#12 ADJOURNMENT: On a motion by Mr. McDonald and
seconded by Mr. Potempa and unanimously carried, the
meeting was adjourned at 8:25 p.m.
/'
Mayor, City of schertz, Texas
ATTEST:
~~
City Secretary, City of Schertz
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