07-01-03
Schertz City Council – Regular Session
Tuesday, July 1, 2003
The Schertz City Council convened in regular session on Tuesday, July 1, 2003 at
7:00 p.m. in the Municipal Complex Council Chambers, 1400 Schertz Parkway,
Schertz, Texas. The following members were present: Mayor Hal Baldwin,
presiding, Councilmembers Carl Douglas, Steve Simonson, Tony Wilenchik and
Ken Greenwald. Absent was Councilmember Agee. Staff members present were
City Manager Mark Marquez and Deputy City Secretary Mary Ybarra.
Mayor Baldwin called the meeting to order, welcomed everyone and asked that
everyone rise and join him in the Pledge of Allegiance to the Flag.
Before proceeding, Mayor Baldwin introduced and congratulated Nancy
Hubbard Cerna on her recent crowning as Miss Schertz Sweetheart. She
currently is a senior at Samuel Clemens High School. Her mother accompanied
Ms. Cerna. Her court will be introduced at the 4 of July Jubilee parade.
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#1 HEARING OF RESIDENTS:
Malcom Morgan, 3816 Forsyth Park advised Council and City Manager of
ongoing attempts with the Schertz Police Department over the past 7-8 years to
resolve situations requiring law enforcement. Informed that in several situations
in which they have responded, the Police Department has refused to do nothing.
They have informed person (s) of violation, have advised that they are in
violation, and then tell them not to let it happen again.
Situations keep re-occurring, Police Department still restating the same. This was
brought up to Police Lieutenant several years ago, where it was promised that
the situation would be handled. Also, a promise was made that Police Chief
would be informed, as would the Police Officers.
Still, the situations keep re-occurring. About a year after my talk with Police
Lieutenant, I met with the former Police Chief and advised him of the situation.
Again, was promised the matter would be handled. He went as far as to give me
his personal cell phone number, asked that he be called, so he personally would
respond to the incidents. One call was made to him. However, the timing was
not good. He was in the middle of a critical situation, handled the call poorly,
because he cursed at me during this call. He later apologized, asked that
complain not be turned over to City Manager. Again, was assured the situation
would be handled. Since, then the Police Chief resigned.
These problems keep re-occurring and several attempts have been made to
resolve them. Last year, a formal complaint was presented to the present City
Manager. Was advised the situation would be investigated. He pointed out the
situation should have been handled more appropriately, and assured him the
Police Chief would be informed of the situation.
Mr. Morgan outlined situations as follows:
a. Next-Door neighbor has over sized boat, which is parked on street
most Fridays and Mondays. Boat is causing traffic flow problems.
Boat is unattached to vehicle, no reflectors causing hazard after
dark. Since the original complaint, the Police Department has been
contacted no less than a dozen times.
b. Kirby Vacuum Cleaner solicitor’s are continuously in the
neighborhood. Solicitors are undesirable, very bold individuals,
and constantly in the neighborhood he has heard. On several
occasions unable to identify themselves with ID’s, etc. Are our
children safe with these undesirable people around? The City has
an established an Ordinance to prevent this type of situation to
occur. Again, like the previous situation, was brought to the
attention of the Police Department, and again nothing was done.
c. Latest situation occurred June 27, 2003. Again, solicitors without
proper identification on each person. Also, a need for clarification
of permit identification regarding which company was represented
on permit. It was very vague. It was later identified as Kirby
Vacuum Cleaner Company. A Police Officer was dispatched and
was informed of the ongoing situation. Officer indicated he has
been on the force since 1997 and it’s the first time he has heard of
the situation. Being that it was after hours was unable to get
information to validate statements. He observed the officer writing
a warning to individuals of the group. He was also informed of the
boat parked illegally, parked about 100’ from where we where. He
did nothing.
Mr. Morgan expressed concern that City Ordinances and State laws aren’t being
enforced. Believes Ordinances and State laws are developed to protect citizens
from harmful situations, however in this case believes it isn’t happening.
He went on to say; he suggests that disciplinary action should take place
according to City Policy towards persons (City Manager, Police Department
Personnel), who apparently have done nothing, (even though there were
complaints over several years), for their lack of respect towards citizens, and not
enforcing City Ordinances and laws.
He pointed out that Solicitor’s permits in City policy either, isn’t followed, not
enough, or needs improvement. He believes education is essential to everyone.
Abuse of policy should carry disqualification (permit) for these companies. Also,
it is necessary Police Department personnel understand they are called only
when the problem goes beyond citizen authority and ability to resolve the
situation. He believes situations that keep reoccurring for lack of enforcement
should carry enforcement fines.
Mr. Morgan expressed that he would have hoped that the situation would have
resolved before this, and he wouldn’t be before Council this evening.
Mayor Baldwin agreed with Mr. Morgan and added that this is first he has heard
of the situation. He also, expressed his concern too. Mr. Morgan stated his
concerns have been in form of a letter to City Manager and a face-to-face meeting
with the City Manager, he believes last September.
City Manager Marquez apologized, he does not recall having met with Mr.
Morgan and also voiced concern regarding the letter sent to the City Manager
and Mr. Morgan not receiving a response. The matter would be investigated.
At this time, Mayor Baldwin asked that new City personnel be given the
opportunity to investigate the matter fully. The City has a new Chief of Police,
City Manager, etc. and asked that they be give the opportunity to look into the
matter. Chief of Police, Cantrell was present and asked Mr. Morgan to contact
him. City Manager Marquez also asked Mr. Morgan to contact his office-his
office is always open.
Mr. Morgan thanked Council for the opportunity to speak and would follow up
with the appropriate personnel.
Robert Brockman, 4505 Grand Forrest had the following comments:
Commented on a job well done by Tony Wilson, PIO on the Schertz Tales.
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Noted having received water report where it referred to receiving water
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from the “Edwards”. He was advised the report on testing was for the
year 2002.
Asked the status of compensation for Council? Is this a dead issue? He
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believes the Council and Planning and Zoning Commission should be
receiving some type of compensation. He suggests compensation for
Council, and noted that staff went as far as to research surrounding cities,
is the City of Schertz that cheap.
Asked status on the Burch Roofing wall. Has a survey been done? He was
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advised it is ongoing issue. City Engineer, etc. are researching the issue.
Suggested a “smoker” be placed at the entrance of Library building.
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Noted the placement of canopies over Post Office boxes in the “Ashley
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Park Subdivision”. Who is responsible for maintaining them? He was
advised the canopies were put up at the request of HOA and they would
be responsible for maintaining.
Reported the need of some maintenance at Pickrell Park before the 4 of
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July; Charcoal grill is a hazard, by bench numbers 42, 43 and 44. Table
#14, board is in need of repair, and table #50, seat is missing.
#2 APPROVAL OF MINUTES: Regular Session 5-20-2003
Workshop Session 5-28-2003
Regular Session 6-03-2003
Workshop Session 6-11-2003
Councilmember Greenwald moved to approve the minutes of May, 20, 2003,
May 28, 2003, June 3, 2003 and June 11, 2003 as written. Councilmember Douglas
seconded the motion, which carried with the following votes:
AYES: Councilmember Douglas, Simonson, Wilenchik and Greenwald.
NAY: None.
At this time, Mr. Marquez asked that agenda item #4 be moved as next on the
agenda.
#4 ORDINANCE: Consider and take action on final reading of
Ordinance establishing Legacy Reinvestment Zone.
Mayor Baldwin introduced an Ordinance and read the caption as follows:
ORDINANCE NO. 03-T-18
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS, ESTABLISHING THE LEGACY
REINVESTMENT ZONE.
Councilmember Greenwald moved to approve the Ordinance establishing the
Legacy Reinvestment Zone. Councilmember Simonson seconded the motion,
which carried with the following votes:
AYES: Councilmembers Douglas, Simonson, Wilenchik and Greenwald.
NAY: None.
#3 ORDINANCE: Consider and take action on final reading of
Ordinance approving a Tax Abatement and a Tax Abatement Agreement for
and with Legacy General Contractors, Inc.
Mayor Baldwin introduced an Ordinance and read the caption as follows:
ORDINANCE NO. 03-T-19
AN ORDINANCE BY THE CITY OF SCHERTZ, TEXAS,
APPROVING A TAX ABATEMENT AND A TAX ABATEMENT
AGREEMENT BY THE CITY COUNCIL FOR AND WITH LEGACY
GENERAL CONTACTORS, INC., A PROPERTY OWNER IN THE
CITY OF SCHERTZ.
Councilmember Douglas moved to approve the Ordinance approving a tax
abatement and tax abatement agreement for and with Legacy General
Contractors, Inc. Councilmember Greenwald seconded the motion, which carried
with the following votes:
AYES: Councilmembers Douglas, Simonson, Wilenchik and Greenwald.
NAY: None.
#5 ORDINANCE: Consider and take action on first reading of
Ordinance rezoning 12 acres from General Business (GB) to Apartment Multi-
Family Residential District (R-4) for Legacy Oaks (tabled 6-03-03).
Before a motion was called, the item was taken off the table. The item was tabled
at the June 3, 2003 meeting.
Councilmember Simonson moved to un-table the request to rezone 12 acres from
General Business (GB) to Apartment Multi-Family Residential District (R-4) for
Legacy Oaks, tabled 6-03-03. Councilmember Greenwald seconded the motion,
which carried with the following votes:
AYES: Councilmembers Douglas, Simonson, Wilenchik and Greenwald.
NAY: None.
Mr. Marquez noted no changes to the above Ordinance.
Without further discussion, Councilmember Simonson moved to approve the
first reading of Ordinance rezoning 12 acres from General Business (GB) to
Apartment Multi-Family Residential District (R-4) for Legacy Oaks.
Councilmember Greenwald seconded the motion, which carried with the
following votes:
AYES: Councilmembers Douglas, Simonson, Wilenchik and Greenwald.
NAY: None.
#6 ORDINANCE: Consider and take action on first reading of
Ordinance regarding speed limits on FM78.
Mr. Marquez noted no changes to the above first reading of Ordinance regarding
speed limits on FM78.
Councilmember Douglas moved to approve the first reading of Ordinance
regarding speed limits on FM78. Councilmember Simonson seconded the
motion, which carried with the following votes:
AYES: Councilmembers Douglas, Simonson, Wilenchik and Greenwald.
NAY: None.
#7 AUDITOR: Consider and take action on engagement of auditor.
Mayor Baldwin introduced proposal for audit of the City of Schertz for the year
ended September 30, 2003, from Thompson, Williams, Biediger, Kastor & Young.
Mr. Fred J. Timmons is no stranger; he is associated with the firm and was the
City’s auditor several years ago.
Mr. Timmons thanked Council for the opportunity to present the proposal. At
this time, he passed revised proposal. He noted the change of audit amount to be
$24,000. The break down; City audit fee of $22,500, the audit of both the
Economic Development Foundation and Schertz Development Foundation at
$750 each. He added that the City is required to convert to the GASB 34 model
and the proposed fee range would be between $9,000 and $12,000 for the
conversion. However, if the City’s new software can facilitate the conversion
process, an adjustment to fee relative to GASB 34 would reduce the amount. He
pointed out, that preliminary audit procedures would begin in August, working
with Finance staff to get everything in order, and then return in November to
complete the audit, and would strive to have audit complete by the last Council
meeting in December. The City Manager has indicated he would like to present
Council with a Christmas present in December with a complete report. Certainly,
the firm would strive to achieve this goal, however, due to the involvement of
the GASB 34 conversion, it might be toward the end of January 2004.
At this time, Mr. Timmons asked if anyone had any questions? The question was
brought up regarding the GASB 34 conversion. Mr. Timmons briefly explained
the procedures behind the new format and the proper reporting on all new
activities associated with GASB 34.
Mayor Baldwin thanked Mr. Timmons for presentation and added the City looks
forward to working with the audit firm in the future.
Without further discussion, Councilmember Greenwald moved to approve the
engagement from the auditor, Thompson, Williams, Biediger, Kastor and Young.
Councilmember Simonson seconded the motion, which carried with the
following votes:
AYES: Councilmembers Douglas, Simonson, Wilenchik and Greenwald.
NAY: None.
#8 Items by City Manager
General Announcements
Reported on his trip to Lubbock and all interesting things there was to see.
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Commented that the Budget review has started.
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#9 Items by Council
General Announcements
Councilmember Douglas
Liaison EDC
Reported he would not be attending the AACC July 25 –26. The
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conference is all booked up. There is a possibility of another conference
scheduled for September, if so would be attending then.
Asked that he would like a copy of the signboard ordinance.
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Councilmember Simonson
4-B Board
Liaison BVYA
No comment.
Councilmember Agee
4-B Board
Liaison Schertz Housing Authority
Liaison Schertz Library Board
Absent.
Councilmember Wilenchik
4-B Board
Liaison Schertz Humane Society
Liaison HOA Coalition
No comment.
Councilmember Greenwald
4-B Board
No comment.
#10 Items by Mayor
Reminded everyone of the Seguin/Schertz Local Government
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Corporation (host City of Seguin) water celebration “Big Splash”- July 17,
at the Gonzales site. Council was advised that a caravan (coordinator,
Tony Wilson) would be leaving from Schertz City Hall for those
attending. All Councilmember would be attending and asked that RSVP
go out for all.
Also, commended Tony Wilson on a job well done on the “Schertz Tales”.
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#11 ADJOURNMENT
Without further business Mayor Baldwin adjourned the meeting at 7:55 p.m.
_________________________
Mayor, City of Schertz, Texas
ATTEST:
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Deputy City Secretary, City of Schertz, Texas