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.
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#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:
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Deputy City Secretary, City of Schertz