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ccreg 12-01-1992 d8 REGULAR MEETING OF THE CITY COUNCIL DECEMBER 1, 1992 The Schertz City Council convened in Regular Session, Tuesday, December 1, 1992 at 7:00 p.m. in the Council Chambers of the Municipal Complex, 1400 Schertz Parkway, Schertz, Texas. The following members were present: Mayor Earl W. Sawyer, presiding; Joe Potempa, Hal Baldwin, Barbara Stanhope, Mary Marsh and Ken Greenwald. Staff present were City Manager Kerry Sweatt and Deputy City Secretary Norma Althouse. After calling the meeting to order, Mayor Sawyer asked everyone to rise and join him in the Pledge of Allegiance. Mr. Sawyer welcomed students from the Samuel Clemens High School government class and their teacher, Joyce Briscoe, members of the Police Alumni Association, and Police Chief Norman Agee and Police Lieutenant Steve Starr. Mayor Sawyer then read three proclamations and had the pleasure of presenting two of them in person. The first, requested by Bexar County District Attorney, Steve Hilbig, proclaimed the week of December 6-12 "Drunk and Drugged Driving Awareness Week." Before the next presentation, Mr. Baldwin asked that along with Joyce Briscoe, the government teacher, that Sharon Pope, DECA teacher, and Joann Nunley, Samuel Clemens High School librarian be recognized for their efforts. The second proclamation was presented to students of the Samuel Clemens High School DECA Chapter proclaiming the week of December 14-18 as "Free Enterprise Week." The third was presented to Judge Leroy W. Cinnamon, recognizing him as the "Star of the Month" for December. Mayor Sawyer explained that Judge Cinnamon volunteers his time and expertise to serve as Associate Judge to the Schertz Municipal Court and developed a Teen Court in the City of Schertz. The Community benefits from Judge Cinnamon's interest and enthusiasm in working with our young people and the court system. Mr. Sweatt commented that one of the accomplishments in Judge Cinnamon's varied background is that he was a City Manager in a city in Oklahoma. - --------- - " ) r j z~ _ ' #1 and B. APPROVAL OF MINUTES: A. Regular Meeting 11-17-92 Regular Meeting 11-2-92 Mrs. Marsh moved to Meeting of November November 17, 1992. which carried with the approved the minutes of 11, 1992 and the Regular Mr. Greenwald seconded following vote: the Regular Meeting of the motion, AYES: Councilmembers Marsh and Greenwald. NAYS: None. Potempa, Baldwin, Stanhope, #2 HEARING OF RESIDENTS: A. Ms. Carolyn Allen of 404 Spring Meadow expressed concern that there is no stop- light exiting onto FM 78 from the Smoke Pit. Mr. Sweatt advised it is not a public road and the access coming out is not a public right-of-way. The State does not signalize a non-public right-of-way. Mayor Sawyer thanked Ms. Allen for bringing it to the City's attention and said they will check into it to see if anything can be done. B. Mr. John Trainor of 2022 Meadow Sage inquired if the backboards at the basketball courts in the City park will be reinstalled so the public can enjoy playing basketball there again. Mayor Sawyer related the backboards, along with the lights, are broken and being repaired due to an incident about a month ago. C. Edward Chappel of 4209 Crown Oak Pass wanted to know why the City of Schertz requires a deposit on their water and sewer even when someone presents a letter of credit from another community. Mayor Sawyer informed Mr. Chappel they will bring it up at a workshop and discuss the possibility of changing the ordinance. #3 PRESENTATION: Mayor Sawyer, along with Chief Agee and Lt. Starr, presented certificates to those who completed the second Citizen Police Academy. Those citizens who earned certificates are as follows: Candace Pat Betty Williams Behne Slamcik Purcell Britt Britt 1. 2. 3. 4. 5. 6. 7. Roy Rouse, Sr. Petra Merle Susan 40 8. Steve 9. Frank 10. Steven 11 . John 12. Donald 13. Kristy 14. David 15. Carol yn 16. Melissa 17. Julie 18. Verla Galloway Langelier Hill White Wren Neleigh Neleigh Nix Allen Siniff Biggs Mr. Sawyer thanked these citizens and told them how proud he was of their achievement. Citizen gratitude was expressed to Chief Agee and Lt. Starr for offering the opportunity to participate in the Citizen Police Academy. It was pointed out, for those who don't know, that the police do this on their own time. #4 ORDINANCE: consideration of an minors. Consider and take action on the first ordinance establishing a curfew for Mayor Sawyer aCknowledged there have been some problems in the City and they feel a curfew is the way to go. They are asking any citizens, for or against, for their input. Mr. John Trainor of 2022 Meadow Sage and Ms. Tanya Ware of 1701 Schertz Parkway both spoke in favor of the curfew. Mrs. Ruth Roscoe of 129 Thomas Edison was concerned if the curfew will go away once the problem is solved. Mrs. Roscoe said she feels the ordinance is implying parents need help controlling their children, and if that's true, disagrees with punishing the parents by giving them citations. Mr. Lee Roscoe of 129 Thomas Edison requested permission from the Council to show a 15 minute video explaining why our society is experiencing all this violence. Permission was granted. After the video, Mr. Roscoe related he had called Gordon McLain out of Chicago who has 43 years experience rehabilitating gang members and he gave him some good insights. Several points Mr. McLain noted about a curfew are: (a) you are dealing with symptoms, not a cure; (b) it is not easy to enforce; (c) it gives the police a tool to pick up an individual: (d) good kids obey and not the bad ones; (e) it is not a miracle cure; (f) just giving a warning to the violator is not enough, you must take the person to the police department and have the parent or guardian pick them up; and, (g) have specific exceptions. ~:1 Mr. Roscoe thanked Mayor Sawyer and the Council for their time and asked that they proceed with caution, taking the implications into consideration. Several citizens questioned the effectiveness of a curfew and where the gangs are coming from. Ms. Nichols, a Samuel Clemens High School student, expressed the opinion that control should start at the parental level. These really bad kids have no respect for human life, therefore will not respect a curfew. Mr. Chris Kimura, a Samuel Clemens High School student, commented he has been hearing these kids are out because their parents don't care and he doesn't agree. There comes a point where a parent can only go so far. A parental hot line or help line was suggested. Mr. Kimura also noted that a curfew will only feed the desire of the ones who don't care if they break laws. If they don't respect their parents, they won't respect anyone else. Mrs. Marsh asked what kind of tool we can give law enforcement, and wondered if we don't take preventative measure to curb this activity, where will the City government stand. What's wrong with a curfew? Chris Kimura responded by asking what good a curfew is and stressed he is not in favor of one. Two other citizens, Ms. Rosemary Sutton of 116 Roundtree and Ms. Merle Behne of 1221 Idlewood, spoke in favor of the curfew with Mrs. Behne approving of the penalties. Ms. Dorothy Carr of 221 Meadow Lane voiced her approval of the curfew, but asked about penalizing the kids first instead of the parents, for example, having them do work around the City. Mrs. Marsh indicated that would be a violation of their civil rights. Two Samuel Clemens High School students expressed disapproval of the curfew, Ms. Minnie Fey saying only the good kids are being punished and Ms. Stephanie Pastor suggesting more police control. Mr. steve Langelier of 1504 Chestnut was interested in how the police force feels about the ordinance. What's going to happen when they spend more time enforcing this ordinance, and do they think it will work? Chris Kimura remarked that fines won't work to which City Attorney, Mike Spain, replied the ordinance encourages judges to use community service programs as an alternative, 42 fines are not mandatory. Roy Rouse help with should. questioned if Samuel Clemens has any program this problem and commented if they don't, to they Mayor Sawyer then asked the Council for their thoughts. Mr. PotemDa: We need the curfew to give the police a working tool. Bring parents into the scene by having them come by and pick kids up so they are aware of what's going on. Mr. Baldwin: The ordinance will be hard to enforce, and in the end may be found unconstitutional, but feels strongly it is important to have the curfew. Mrs. StanhoDe: Thanked everyone for coming - it's the biggest crowd she's seen in her four years on the Council. It's nice to know the citizens are concerned. People say the curfew is not the answer, but we have no other answers. If you do, please let us know. Mr. Sweatt commended Ms. Joyce Briscoe for encouraging her government class to partiCipate. Mrs. Marsh: Yeah Chris! Agree with everything that's been said. Mr. Greenwald: There is a hot line operated by CVADAC for crisis situations. People are concerned about 8, 10, 12 and 14 year olds roaming the streets. The curfew is not a panacea, but it is a step. Mayor Sawyer thanked everyone for their comments. Mayor Sawyer then introduced an ordinance and read the caption as follows: AN ORDINANCE AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ ESTABLISHING A CURFEW FOR MINORS UNDER SEVENTEEN YEARS OF AGE TO PROHIBIT BEING IN ANY PUBLIC PLACE DURING THE CURFEW PERIOD SET FORTH HEREIN; PROVIDING AN ENFORCEMENT PROCEDURE; ESTABLISHING CRIMINAL PENALTIES FOR MINORS AND FOR PARENTS OF MINORS, AND ADOPTING CERTAIN EXCEPTIONS. An L_,", Mr. Potempa moved to approve the first reading of an ordinance establishing a curfew for minors under seventeen years of age. Mr. Baldwin seconded the motion, which carried with the following vote: AYES: Councilmen Potempa, Baldwin, Stanhope, Marsh and Greenwald. NAYS: None. Mayor Sawyer advised the second reading will be December 15, 1992. City Attorney, Mike Spain, noted that approved at the second reading, the ordinance will be fifteen days after newspaper. after the ordinance is effective date of the its publication in the .#5 RESOLUTION: Mayor Sawyer and read the caption as follows: introduced a resolution RESOLUTION NO. 92-R-l1 BY THE TEXAS, EXECUTE WILLIAM RIGHTS, PROPERTY. CITY COUNCIL OF THE CITY OF SCHERTZ, AUTHORIZING THE CITY MANAGER TO A QUITCLAIM DEED TO THE HEIRS OF SCHNEIDER, DECEASED, ALL GRANTOR'S TITLE AND INTEREST IN CERTAIN Mr. Baldwin moved to approve the resolution authorizing the City Manager to execute a quitclaim deed to the heirs of William Schneider. Mr. Potempa seconded the motion, which carried with the following vote: AYES: Councilmen Potempa, Baldwin, Stanhope, Marsh and Greenwald. NAYS: None. Mr. Sweatt commented he would just like to clarify that whatever interest the City may have had in this property is hereby conveyed to the heirs. #6 CITY MANAGER'S Althouse saying this is Secretary. REPORT: A. Recognized Norma her first meeting as Deputy City B. Introduced Patrick Reinhardt from AACOG and said he has earned his degree in public administration and is doing research for the City as a volunteer administrative assistant. C. Reported the animal shelter slab has been poured and is curing. The bUilding will be delivered next week. It looks like we will meet our March completion date. 44 Mrs. Stanhope questioned how the brick donations are going and Mr. Sweatt said slowly. They used this month's Newsletter on other items. They will concentrate on the brick donations more in the next Newsletter. D. Reminded everyone of the Christmas Awards Dinner and Dance on December 11th the theme this year is the "Fabulous Fifties." Bring a photograph of yourself from the fifties if you have one. It will be returned to you. #7 ITEMS BY COUNCIL: Mr. Potempa: ceremony. This Thursday is the annual Tree Lighting Mrs. Marsh: A. Following the Tree Lighting ceremony, a group of people are going Christmas caroling. If interested, bring a flashlight. B. The Trail Riders dinner and dance is scheduled for February 6th. Mr. Greenwald: We're looking for volunteers to be judges for the Christmas Lighting contest. Judging will be the week of December 14-18. Call City Planning Department if you wish to volunteer. #8 ITEMS BY MAYOR: Expressed pleasure at seeing so many people at the meeting. # 9 ADJOURNMENT: adjourned at 8:25 p.m. carried unanimously. Mrs. The Marsh motion moved the was duly meeting seconded be and ~1~~;;t:. Texas ATTEST: ~q.~/ Deputy City Secretary, City of Schertz