ccswks 07-12-1995
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SPECIAL MEETING OF THE CITY COUNCIL
JULY 12, 1995
The Schertz City Council convened in Special Workshop
Session on Wednesday, July 12, 1995 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; Joe Potempa; Timothy Swinney and Ken
Greenwald. Absent: Councilmember Dereda Burkett. Staff
present were City Manager Kerry Sweatt and City Secretary
Norma Althouse.
#1 HEARING OF RESIDENTS: A. Melissa Flores of 812
Colony wanted to speak, but said she was waiting for the
owner of the Texaco station at the corner of Aero and
Schertz Parkway to show up because when he was here last he
had promised, in front of everyone and openly, that if
there was another sexual abuse complaint against his nephew
Andy, he would fire him. Mrs. Flores stated there have
been other complaints and Andy has been indicted. Mayor
Baldwin told Mrs. Flores they could postpone her since
there are other residents wishing to speak.
B. Roseanne Anderson of 804 Colony was here for the same
cause as Mrs. Flores. Ms. Anderson felt parents should
stand up and protect their children, because no one else
will do it for them. She recently found out both of her
children had been sexually abused. Something has to be
done about Andy, he has to go. She's not willing to take
the risk of having him work in the neighborhood. Ms.
Anderson related she is on her way now to file a formal
complaint against Andy.
C. Bolivia Chavez (resident of Schertz, but no address
given) reported she had been at the Texaco with her nephew
and witnessed Andy treating him in a hateful manner,
telling him to hurry up and get what he wanted and get out
because he doesn't want children around the store. Ms.
Chavez expressed concern for all children and emphasized
something should be done about Andy. Mayor Baldwin asked
if that incident had been reported to the manager and was
told it had been.
D. At this time Mr. Mohammed Khalani, manager of the
Texaco, arrived at the meeting. Mrs. Flores brought him
up to date on what had been discussed so far and then asked
him to live up to his word about firing Andy.
Mr. Khalani commented if firing Andy is what the City
Council wants, that's what he will do. Mayor Baldwin told
Mr. Khalani the Council cannot make a decision telling him
what to do about his employee and when to do it. The Mayor
pointed out to Mr. Khalani this type of publicity cannot
possibly be helping his business. Mr. Khalani remarked,
due to personal circumstances, he needs some time to take
action.
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Mr. Khalani's cousin (name unknown) tried to defend Andy
and Mr. Khalani and there was a heated discussion between
him and Mrs. Flores and Mrs. Anderson. Mayor Baldwin,
saying this cannot be settled by City Council, told Mrs.
Flores she has done everything she can do. It is up to Mr.
Khalani if he wishes to publicly apologize and keep his
word about firing Andy.
E. Starting with "I'm on the agenda......... through
alright sir", the incident leading up to the arrest of
George Mower is verbatim from the tape recording, as
requested by City Council.
Following a request by Mayor Baldwin (for all citizens who
were at the meeting giving input regarding recent charges
filed against an employee at the Texaco on the corner of
Schertz Parkway and Aero Ave.) to either sit down or leave
because Council needed to get on with the meeting, George
Mower told the Mayor he would like to talk with these
gentleman (Mr. Mohammed and his cousin). Mayor Baldwin
asked Mr. Mower to walk outside the meeting room and talk
with them. Mr. Mower told the Mayor (very loudly): "I'm
on the agenda to talk about child molesting and I'm going
to talk about child molesting, no matter what you say this
time." Mayor Baldwin spoke at the same time Mr. Mower
spoke and again asked him to step outside and talk with the
gentlemen. Mayor Baldwin then advised Mr. Mower he could
talk when he gets his turn.
Mr. Mower continued: "I want to say this to your face.
My name is George Mower. There is two different things
involved here. One is your business and the way you treat
people, you know, in your store through your agents.
Alright, that's a monetary thing. That means whether your
business survives or doesn't."
Chief Agee entered the room at this point and stood facing
George Mower.
Mr. Mower continued: "But the other point is".
Mayor Baldwin said "Mr. Mower."
Mr. Mower kept talking, saying: "They know when the child
gets a hand up under their."
Mayor Baldwin asked Mr. Mower if he wanted to ask
gentleman to step outside and talk to him. George
replied: "You can ask all you want."
this
Mower
Chief Agee said: "Mr. Mower, you're going to have to step
outside."
Mr. Mower replied: "Why? I'm on the agenda."
Mayor
speak)
Baldwin told Mr. Mower when he is recognized (to
he can say anything he wants to, but at this point
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Mr. Khalani's cousin (name unknown) tried to defend Andy
and Mr. Khalani and there was a heated discussion between
him and Mrs. Flores and Mrs. Anderson. Mayor Baldwin,
saying this cannot be settled by City Council, told Mrs.
Flores she has done everything she can do. It is up to Mr.
Khalani if he wishes to publicly apologize and keep his
word about firing Andy.
E. Starting with "I'm on the agenda......... through
alright sir", the incident leading up to the arrest of
George Mower is verbatim from the tape recording, as
requested by City Council.
Following a request by Mayor Baldwin (for all citizens who
were at the meeting giving input regarding recent charges
filed against an employee at the Texaco on the corner of
Schertz Parkway and Aero Ave.) to either sit down or leave
because Council needed to get on with the meeting, George
Mower told the Mayor he would like to talk with these
gentleman (Mr. Mohammed and his cousin). Mayor Baldwin
asked Mr. Mower to walk outside the meeting room and talk
with them. Mr. Mower told the Mayor (very loudly): "I'm
on the agenda to talk about child molesting and I'm going
to talk about child molesting, no matter what you say this
time." Mayor Baldwin spoke at the same time Mr. Mower
spoke and again asked him to step outside and talk with the
gentlemen. Mayor Baldwin then advised Mr. Mower he could
talk when he gets his turn.
Mr. Mower continued: "I want to say this to your face.
My name is George Mower. There is two different things
involved here. One is your business and the way you treat
people, you know, in your store through your agents.
Alright, that's a monetary thing. That means whether your
business survives or doesn't."
Chief Agee entered the room at this point and stood facing
George Mower.
Mr. Mower continued: "But the other point is".
Mayor Baldwin said "Mr. Mower."
Mr. Mower kept talking, saying: "They know when the child
gets a hand up under their."
Mayor Baldwin asked Mr. Mower if he wanted to ask
gentleman to step outside and talk to him. George
replied: "You can ask all you want."
this
Mower
Chief Agee said: "Mr. Mower, you're going to have to step
outside."
Mr. Mower replied: "Why? I'm on the agenda."
Mayor
speak)
Baldwin told Mr. Mower when he is recognized
he can say anything he wants to, but at this
(to
point
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he's not recognized.
Mr. Mower said: "Oh, you're going to recognize me after
you wait awhile."
Mayor Baldwin said: "There are two more people that need
to talk. You said you wanted to address those people. Go
outside and address them."
Chief Agee asked Mr. Mower to step outside.
Mr. Mower asked Chief Agee: "Are you threatening me with
arrest?"
Chief Agee said: "No, I'm asking you to step outside."
Mr. Mower said: "Well I'm not going to take it as an ask.
If you're telling me under color of law, then you say so."
Chief Agee said: "If you're disrupting this meeting, sir,
then you're out of order."
George Mower said: "I'm not disrupting this meeting."
Chief Agee then said: "You're in violation of the law.
Would you like to step next door with me?"
George Mower said: "If I'm violating the law, I don't want
to violate it. Would you take your hand off of me."
Chief Agee said: "Come with me sir."
George Mower said: "Yeah, am I under arrest?"
Chief Agee said: "You may very well be. I want to talk
with you about it outside."
George Mower said: "I want you to tell me right now before
you grab me by the arm and manhandle me and give me _these
innuendos. Be a man. Just tell me."
Chief Agee said: "Okay, you're under arrest."
George Mower said: Alright sir."
They left the conference room together.
F. Bill Neller of 305 Koch related that before the
recycling program went into effect, he had gotten a flyer
in themail saying they were only going to accept certain
items that were in a circle numbered one or two. Mr.
Neller informed Mayor Baldwin he has checked various
containers and they don't have circles, the numbers are in
triangles. Someone made a mistake.
Mr. Neller then mentioned that a few recycle services ago,
an Alamo Waste vehicle came down his street picking up
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newspapers and other things. It was rather windy that day
and he had quite a few newspapers out for them to take.
The front-end loader went up, the wind caught it, and
newspapers went everywhere. He and the Alamo Waste workers
picked up newspapers for about twenty minutes. A very poor
action.
Mr. Neller went on to say one day he put out his red bin
with newspapers in it and there wasn't enough room for
everything, so in a cardboard container next to it, he put
glass bottles, plastic bottles, etc. After Alamo Waste
came by, he noticed they had taken the cardboard container,
but left the newspapers behind. He thought the recycling
program was to include everything.
Lastly, Mr. Neller noted that on June 29th, the last
recycling day, following quite a bit of rain, he put out
his papers with plastic over them to protect them, but the
recycling truck never came by. Apparently this recycling
program has a lot to be desired.
Mayor Baldwin
working and
considerable
right now.
acknowledged it has a lot of flaws, but it is
the City is benefiting from it by a
amount of money. Newspaper is the biggle
Mr. Neller referred to the large bins for recyclable
materials that used to be located between the library and
the fire station and were picked up once or twice a month
and indicated that seemed to be a pretty good system. For
some reason, however, they stopped doing it.
Mayor Baldwin declared that Mr. Gutierrez volunteered to
do that, but the City didn't net a dime from those
dumpsters. The Mayor assured Mr. Neller his complaints
about the current system will be forwarded to Mr.
Gutierrez.
#2 Discuss Beck Readymix Concrete request for
hunting on private property within City limits.
Ben Davis of ReadYffiix Concrete spoke to the Council and
told them he would like to try to find a way to hunt on
private property. They realize they're inside the City
limits now, and the City should have some concern, but they
have been doing it for 20 years without incident. He
thinks there are ways they can continue to hunt and not
bother their neighbors.
Mr. Davis continued on, saying when they were annexed he
thinks the ordinance stated if you had more than ten acres,
you could shoot as long as the pellets remained on your
property. He had gone to a Council workshop when the
annexation of their property was being considered and
questioned whether their dove hunting activities would be a
problem. At that time, there was not a negative comment
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from anyone. Sometime later a restrictive ordinance was
put in place which prohibited shooting within half a mile
of a platted subdivision. They didn't even know about the
ordinance and hunted on the property for a year and a half
without complaint. They would like to work something out
wIth the City which would allow them to hunt on a limited
basis as long as they ensured it would not cause a hardship
for their neighbors.
Mr. Davis pointed out an area of 50 acres on the map which
they would like Council to consider letting them use for
hunting, and indicated it should be far enough away from
everything so as not to cause a problem.
Mr. Swinney
his family and
eliminate the
that.
asked who "they" is and Mr. Davis answered
occasionally a few clients. If they have to
clients and just use family, they can do
Mr. Greenwald mentioned there must have been a
misunderstanding because Council was under the impression
they were going to lease the property out for hunting
purposes. Mr. Davis assured Mr. Greenwald that was not
the case. It has always been just family and friends and a
few associates and they've always kept a tight rein on it.
They never had the intention of leasing it out to a third
party.
Mr. Swinney expressed concern about unauthorized people,
mainly children, wandering onto the Beck ReadYffiix property.
Mr. Davis reported they never had trouble with that, but
had encountered poachers. It is a very remote area and
there will be some miscellaneous trespassing, but he
doesn't foresee a problem.
Mr. Swinney asked what the liability to the City would be
if someone were accidentally shot and also asked Mr. Davis
what kind of liability the business has for this type
situation. Mr. Davis answered that if someone were shot
on his property, he would have a pretty big liability, but
they have taken that into consideration.
Mr. Swinney then asked Mr. Sweatt if the City was
released from liability in the form he and Chief Agee drew
up and Mr. Sweatt replied that form dealt with securing a
permit and the permit indemnified the City and held
harmless anything. the owner might do. If you're issuing
permits, you have" both the control and the responsibility.
If they simply do something and are not in violation of an
ordinance, then the City doesn't garner up any liabilities.
If the City issues a permit, Mr. Sweatt felt the City
Attorney would say as a consequence of issuing it, you're
condoning it and the only way to get away from liability is
to have them indemnify you. How effective that is, depends
on the ordinance. Mr. Sweatt further stated that if the
law allows someone to do something, it would be somewhat
doubtful then that you would garner up the responsibility
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from anyone. Sometime later a restrictive ordinance was
put in place which prohibited shooting within half a mile
of a platted subdivision. They didn't even know about the
ordinance and hunted on the property for a year and a half
without complaint. They would like to work something out
with the City which would allow them to hunt on a limited
basis as long as they ensured it would not cause a hardship
for their neighbors.
Mr. Davis pointed out an area of 50 acres on the map which
they would like Council to consider letting them use for
hunting, and indicated it should be far enough away from
everything so as not to cause a problem.
Mr. Swinney
his family and
eliminate the
that.
asked who "they" is and Mr. Davis answered
occasionally a few clients. If they have to
clients and just use family, they can do
Mr. Greenwald mentioned there must have been a
misunderstanding because Council was under the impression
they were going to lease the property out for hunting
purposes. Mr. Davis assured Mr. Greenwald that was not
the case. It has always been just family and friends and a
few associates and they've always kept a tight rein on it.
They never had the intention of leasing it out to a third
party.
Mr. Swinney expressed concern about unauthorized people,
mainly children, wandering onto the Beck ReadYffiix property.
Mr. Davis reported they never had trouble with that, but
had encountered poachers. It is a very remote area and
there will be some miscellaneous trespassing, but he
doesn't foresee a problem.
Mr. Swinney asked what the liability to the City would be
if someone were accidentally shot and also asked Mr. Davis
what kind of liability the business has for this type
situation. Mr. Davis answered that if someone were shot
on his property, he would have a pretty bIg liability, but
they have taken that into consideration.
Mr. Swinney then asked Mr. Sweatt if the City was
released from liability in the form he and Chief Agee drew
up and Mr. Sweatt replied that form dealt with securing a
permit and the permit indemnified the City and held
harmless anything the owner might do. If you're issuing
permits, you have both the control and the responsibility.
If they simply do something and are not in violation of an
ordinance, then the City doesn't garner up any liabilities.
If the City issues a permit, Mr. Sweatt felt the City
Attorney would say as a consequence of issuing it, you're
condoning it and the only way to get away from liability is
to have them indemnify you. How effective that is, depends
on the ordinance. Mr. Sweatt further stated that if the
law allows someone to do something, it would be somewhat
doubtful then that you would garner up the responsibility
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for having allowed it under the law.
Mayor Baldwin remarked that the ordinance specIfically
states a distance from inhabited subdivisions and that
distance clearly covers the area that Mr. Davis wants to
hunt in. If the Council granted Mr. DavIs permission,
they would be granting their own variance to the ordinance.
That would probably entitle anyone else who has property on
which they want to hunt to come before Council and request
the same kind of varIance. The CouncIl would be in the
position of havIng set a precedent and that would make it
hard to turn down anybody else. Mayor Baldwin states his
problem is It creates a variatIon to a rule they have
establIshed. Perhaps Council wants to go back and take a
look at the ordinance and redo it. Perhaps the distances
are too restrictive.
Mr. Davis acknowledged the City's difficult position, but
stressed he thinks the ordinance is quite restrictive as
far as the distances are concerned.
Mr. Greenwald suggested having Chief Agee give the Council
a rundown on the ranges of various types of loads. Mr.
McDonald commented once you hear the crack of a rifle and
it kills someone, then it's too late to check the kind of
load.
Mr. Swinney pointed out it's a sticky situation. If they
could just say to Mr. Davis, with his excellent reputation
as a hunter, businessman and citizen to go out and hunt,
that would be one thing. We have, however, all this other
property around the City wIth owners that may want the same
privilege. Then it becomes difficult to control.
Mr. Potempa mentioned there used to be a problem in his
area, but since this ordinance was passed there hasn't been
any trouble. If CouncIl makes an exception in this case,
then there will be another case and another case, and so
on. We need to review the ordinance, but let's be
conservative about the distance.
The consensus of the Council was to revisit the ordinance
to see if it's reasonable and to see if there's any way of
accommodating Mr. Davis' request.
#3 Discuss revision of Flood Plain Ordinance.
Mr. Sweatt reminded Council that in their packets is a
proposed revision to the Flood Plain OrdInance. The
current Flood Plain Ordinance, 87-M-10, was adopted in
1987. The City has recently been notified by FEMA (Federal
Emergency Management Agency) that specific changes are
needed in our ordinance. Steve Simonson of the Planning
Department has gone through the proposed changes and
submitted them to the City Attorney's office for review.
The bulk of the changes consist of adding definitions in
Article II, but there are no changes to the regulations or
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the construction standards. The City of Schertz has only
zones A and X.
Mr. Sweatt asked Council to turn to page 9 of the draft
under General Provisions which was copied from a model
supplied by FEMA. The City Attorney has suggested the
additIonal language would extend our jurisdiction to those
areas wIthin our extraterritorial jurisdiction as well as
those within the City of Schertz and in that case we would
apply the County FEMA map. The current ordinance is silent
on that subject.
Mr. Sweatt stated further that on page 13 it refers to the
Appeal Board. Under the current ordinance it is the City
Council and it is believed it will remain the same under
the new proposals. On page 14 under Variances, Mr. Sweatt
pointed out some of the wording regarding velocities of
streams and certain erosion control measures. And lastly,
on page 5 there is a double definition of Flood Protection
System and Mr. Sweatt said one of those will be eliminated.
Mr. McDonald asked where the flood plain is and Mr.
Simonson referred him to the map on the wall in the
conference room where it shows the flood plain areas within
the City limits.
Mr. Greenwald commented this ordinance is necessary to
obtaining flood insurance. Mr. Sweatt agreed, stressing
it is vital for those people who own property subject to
flooding to be able to purchase flood insurance. The City
must have an ordInance in effect for them to be able to do
so. Mr. Potempa noted with that in mind, the Council
needs to press on and get this ordinance approved.
After being asked by Mayor Baldwin if they were prepared to
have the first reading of this ordinance on next Tuesday
night's agenda, Council agreed they were ready.
#4 Discuss resolution regarding participation in
Ozone Action Day program through Alamo Area Air Coalition.
Mr. Sweatt advised Council that included in their packets
is a considerable amount of detail from AACOG and others
pertaining to Ozone Action Days. The San Antonio
Metropolitan Area is not currently designated as a
"nonattainment area", whereas several other areas of the
State are and that has some significant effect on their
development.
Mr. Sweatt then stated ozone is both a good and a bad
thing depending upon your interpretation of the word.
Included in the packets is a list of items suggested by the
Alamo Area Air Coalition Group as steps that could be taken
when we receive an advance warning of ozone hazardous days.
All of the steps are voluntary. Many are steps that taken
individually are small, but taken collectively can help
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retain our compliance. It is hoped that enough steps will
be taken collectively to maintain the status as an
attainment area.
Mr. Sweatt told Council there is a resolution in their
packet and he suggests they consider adopting with just the
change of one word. In paragraph two under the Whereas's
it says should the San Antonio MetroDolitan Area lose its
attainment status and be desionated a nonattainment areaL
both the reo ion and the State will suffer severe economi~
sanctions and Mr. Sweatt suggested the word will be
changed to could. With that, it is believed the resolution
simply commits that the CIty of Schertz wIll be agreeable
to participating and will use every means at its disposal
to inform all citizens to be aware of the ozone concerns
and take action when given those forewarnings.
Mr. Potempa mentioned that Albert Flores of KENS TV
usually announces ozone information on the 6:00 p.m. news.
Mr. Swinney asked if a blurb could be put in the
Newsletter as to why it's important and then wondered if
the City has jurisdiction on enforcing vehicles to comply
with pollution regulations and if they are fairly
aggressive in doing so. Chief Agee replied they do have
jurisdiction, but it usually has to be a pretty bad case of
pollution before they cite the person.
Mr. Sweatt noted that if someone observes a vehicle
emitting smoke, there is an 800 number they can call to
report it and then TNRCC will notify the vehicle owner and
advIse them of steps they can take to rectify the
situation. That 800 number will be published in the
Newsletter.
Mr. Swinney asked if the City has a program as far as
work and refueling operations. Mr. Sweatt replied
will have to use some judgment in those areas, but he
certainly work with the department heads to come up
ways they can participate.
yard
they
will
with
Council indicated they were ready to move forward with this
and have it included on next Tuesday night's agenda.
#5 Discuss establishment of City of Schertz Vision,
Mission and Value Statements.
Mr. Sweatt stated that long term they see the revisiting
of their Vision 2000 program which took place several years
ago. It was participation between the community and the
City for long-term planning. Part of the City's need to
begin a review of where they are and where they are going
is to establish some statements along those lines.
Included in Council's packet are copies of proposed Vision,
Mission and Value statements. Mr. Sweatt remarked he
believes these statements should be adopted and made a part
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of the overall City Plan and become a part of all the
thinking of the Commissions, Boards and Staff of the City.
Council reviewed the statements with Mr. Swinney
suggesting the Vision Statement be improved by changing
communitv of citizens to community of involved citizens,.
Mr. McDonald remarked he would like to see the wording
effective and efficient manaaement of City resources, worked
in somewhere in the Mission Statement. Mr. Sweatt asked
if adding a sentence to the Mission Statement saying
efficient manaaement of resources is considered a hiah
Drioritv would be agreeable to Mr. McDonald and it was.
Mr. Swinney, observing they could sit here and add words
and make changes all night long, asked if possibly in the
Mission Statement where it says provide courteous and
efficient services, they could include a word so it says
Drovide courteous. resDonsive and efficient service~.
Council thought that was a good idea.
Mayor Baldwin suggested the statements be posted in the
foyer. Mr. Sweatt agreed part of the plan should be to
utilize them in as many visible ways as possible. Mr.
McDonald thought maybe he could get someone to engrave them
on a plaque. Mr. Sweatt advised this item will be on a
future Council agenda for action, but needs to go to other
Boards and Commissions yet for their review and input.
#6 Discuss Bexar Metro 9ll Network District budget.
Mr. Sweatt reported the budget is fairly self-explanatory
in that $2,402,713 in expenditures is projected and
$2,408,013 in revenues is projected. All of the Bexar 911
public safety answering points in Bexar, Guadalupe and
Comal counties and the various cities that are part of the
911 system, are funded through charges on the telephone
bill. The City has enjoyed good response from the 91l
District in the past. They have assisted in funding a
number of projects for the police, Fire and EMS
Departments. This next year the biggest project, besides
funding the continued E911 program, is tuitions for certain
fire and EMS training.
After a brief discussion on the number of calls and the
enhanced 911 system which can pinpoint an address, Council
was ready for this item to be placed on their next agenda.
#7 Discuss appointments to Board of Adjustment.
Mr. Sweatt related that when the Board of Adjustment was
recently appointed, they drew to set up staggered terms.
Earl Hartzog and Ted Duigon drew one-year terms initially
and their terms will expire. They have expressed the
desire to continue to serve and have been recommended to be
reappointed for two-year terms.
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Council had no problem with this and was ready for it to be
included on next Tuesday night's agenda.
#8 Discuss recommended Rules of Procedure for Board
of Adjustment.
Mr. Sweatt advised the Commission they have a proposed
draft of the Rules of Procedure in their packets. They
have been reviewed by the City Attorney's office and a
couple of changes were suggested. A provision needs to be
added, under the terms of the State Law, which will require
four concurring votes to reverse an order or overturn a
decision. That's not in the proposed draft now. They also
need to add a provision to adopt that State law.
Mr. Sweatt further stated it appears under the terms of
the State law and the empowering City ordinance, the order
of things needs to be that the Board of Adjustment (BOA)
adopts these rules and regulations and then they may be
adopted by the City Council. It is suggested that with
these changes, the Rules of Procedure be sent back to the
BOA for review and adoption and then the BOA should forward
them to Council for adoption. This item was placed on
Council's agenda tonight to see if there were other
suggestions or directions for inclusion in the Rules of
Procedure. No action will be required by Council until
adoption of the Rules of Procedure by the BOA.
#9 CITY MANAGER'S REPORT: Announced he and Chief
Agee plan to submit an application to the federal
government for a COPS program grant that would request
funding for two community-based police officers to begin
our next fiscal year. It's not a commitment until City
Council approves a budget that would fund the City's share
of the participation. In the overall program, Chief Agee
reported the cost for two police officers would be $47,000
with the City's share of that being $l4,200.
Mr. Potempa asked what this includes and Chief Agee
replied personnel costs (base salary plus fringes)~ It
does not cover overtime, uniforms or vehicles. Mr. Sweatt
added it Is a three-year program. The limitation is that
the participation remains fixed on the base salary. As the
salaries go up, the federal contribution remains the same
as the original amount. The second and third year, the
City's portion will be higher than the $14,200.
Mr. Potempa asked if this is in line with Chief Agee's
5-year plan and Mr. Sweatt replied it will gain the City
the use of one patrol officer whi9h will flesh out that
part of the 5-year plan, and the additional duties of the
community-based police officer will coincide with other
parts of the plan.
Mayor Baldwin asked what kind of strings are attached.
Will they have specific areas or will they be routine
police officers? Mr. Sweatt answered they will be doing
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and amplifying community-based policing activities which
are basically outreach efforts and programs which deal with
crime prevention and victims of crime more than in the
traditional law enforcement stance. We will be able to
free up some of the people who have been doing these type
things so they can get back to their duties as patrol
officers. One of the offIcers obtained under the grant
will be a patrol officer, but will have additional duties.
Chief Agee added that the community policing concept is an
effort to go out and get up close and personal with the
cItIzens.
Mr.
and
out.
Swinney asked if it's feasible to have bike
Chief Agee replied no because the city is so
patrols
spread
Mr. Sweatt emphasized they believe this is a good program,
but he is not asking Council to commit tonight. He and
Chief Agee want to make application and will justify the
program at budget time.
Mr. Potempa asked the deadlIne for submittIng the
application and Mr. Sweatt replied July 31st.
Mayor Baldwin inquired if this is part of the
plan to put more pollee on the street and
replIed it is.
President's
Mr. Sweatt
#10 ITEMS BY COUNCIL: Mr. Greenwald: A. Reported he
and John Blerschwale attended a CRWA meeting Monday night.
The Council will see CRWA's new budget next month.
One thing brought up at the meeting was the new plant's
compliance with ADA regulations. One of the terms of the
engineer's agreement when the plant was built was that it
would meet ADA regulations. The plans were sent to Texas
Licensing in Austin and came back approved. They applied
for their inspections and the guy never showed up. Last
month, seven months after the fact, he showed up. The
plant didn't pass. One of the toilets is one half inch too
hIgh and has to be corrected within 90 days. That was just
one of the write-ups.
B. Referred to the new Edwards Underground District
legislation and said apparently the judge is going to
appoint the representatives for this first term and then in
November of 1996, people will have to run and be elected.
Guadalupe County does have a seat.
Mr. McDonald: Asked, in view of Dereda Burkett's
resignation, if It's on the agenda next week to start some
action on a replacement. He was told that will be covered
when they get to ITEMS BY MAYOR.
Mr. Potempa: A. Reported that Bill Strickland called him
yesterday with a questIon. When they put In Mobile Villa,
they contracted it out from the street to the fence line
~-
3o~
and put hydromulch in there. Since that time all the
hydromulch is totally gone. Was there anything in the
contract that requires them to come back and make it look
like its got grass? Mr. Sweatt answered it is his opinion
the contractor did what was required of him, but he will be
happy to talk to our engineers about it. Once the
contractor has fulfIlled his duty, It Is up to the
homeowner to take care of it. Mr. Sweatt said he wIll
check on it.
B. Related that at the last meeting he brought up
recycling at apartments and the fact they are not included
in the program. After talking with Mr. Sweatt and
checking into it, they found the apartments are not being
charged a recycling fee because there's no designated/
meaningful access to the curb.
Mr. Potempa pointed out the idea behind recycling is to
reduce the amount of trash going to the landfills.
Apartments generate as much trash as homes do and we have
quite a few apartments in the City. Can the Staff work on
getting some kind of program into the apartments? Mr.
Potempa then referred to a grant program strictly for
municipal areas.
Mr. Sweatt reminded Council the City made an application,
and he believes they will be funded, for about $2500 to buy
some small containers to place at public facilities. Mr.
Sweatt felt sure they could have the contractor designate a
dumpster. The problem at apartment sites is that you end
up getting garbage and everything else in the dumpster. We
think we can control them at public facilities where the
custodial people are in charge. Mr. Sweatt indicated he
would speak with the contractor.
Mr. McDonald related they got into the dumpster program
when he was at Wal Mart but had to do away with it because
it was cost prohibitive for them to sort it.
Mr. Swinney:
completion and
August.
B. Advised he will not be at the next meeting because he
will be at Scout Camp in Hunt, Texas.
A.
was
Asked if Bill Miller's
told they are supposed
is
to
close
open
to
in
#ll ITEMS BY MAYOR: A. Read a letter of resignation
from Dereda Burkett, effective July ll, 1995, and said he
had asked the City Manager to place an item on the agenda
next week for an Executive Session to discuss a replacement
for Mrs. Burkett.
B. Questioned if anyone has given a hint of when they are
going to remove the barriers from FM 3009 and open it up.
Mr. Sweatt answered the City was told they could expect
completion of the project by the end of June and here we
are in the middle of July.
~'
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317
Mr. Simonson told Council when they put a stop order on
the road to build the wall, Dean Word had all his crews out
here. The stop order created a big disruption in his
schedule. All that's left to finish right now is' drainage
rip rap and an anti-graffiti coating on the wall.
Mr. Sweatt added that signal work is continuing to take
place. Along that line, Mr. Potempa asked if the City has
heard anything about traffic signals at other locations
like Woodland Oaks and Oak Forest. Mr. Sweatt replied
they were told when the project is finished and the traffic
has had a period of time for adjustment, TXDoT will conduct
a study to see what's needed and give us advance notice of
that.
C. Wondered if the ADA sidewalk construction has begun yet
and Mr. Sweatt explained it should get started in the next
week or two.
#l9 ADJOURNMENT: On a motion by Mr.
seconded by Mr. Swinney and unanimously
meeting adjourned at 8:55 p.m.
Potempa
carried,
and
the
./~
~4~
/
l
Mayor, City of Schertz, Texas
ATTEST:
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City Secretary, City of Schertz