ccreg 07-02-02
REGULAR CITY COUNCIL SESSION
JULY 2, 2002
The Schertz City Council convened in Regular Session on Tuesday, July 2,2002 at 7:00
p.m. in the Municipal Complex Council Chambers, 1400 Schertz Parkway, Schertz,
Texas. Those present were Mayor Hal Baldwin, presiding; Councilmembers Norma
Head; Billy Pitts; Reginna Agee; Tony Wilenchik and Ken Greenwald. Staff present
were Interim City Manager Mark Marquez and City Secretary Norma Althouse.
Mayor Baldwin asked everyone to rise and join him in the Pledge of Allegiance to the
Flag. He then introduced Mark Marquez as the Interim City Manager and wished him
luck. Mr. Marquez said it is a privilege and will do the very best he can.
#1 HEARING OF RESIDENTS
Robert Salas of 1041 Gettysburg commented he heard the Fire Chief speak last week, but
didn't hear him say they can contract out fire services. Mayor Baldwin admitted they had
never tried that. As close as they come is volunteers.
Vijay Jain, Finance Director, made the following comments:
· Commended Mr. Marquez for taking the leadership role.
Stated he has some concerns:
· Mr. Marquez took full credit for one of his efforts when actually it was a team
effort.
· Regarding the briefing on the financial situation, when he took this job, a CPA
was preferred. He feels like he's under attack. There are some ethics issues to
address. Mayor Baldwin asked Michael Spain, City Attorney, if this could be
discussed in Executive Session. Mr Spain replied yes. Mayor Baldwin then
asked Mr. Jain if he could hold off until the Executive Session and Mr. Jain
agreed.
Robert Brockman of 4505 Grand Forest brought up the following:
· Jokingly asked Council not to take his picking on them too seriously. Schertz is
a great place to live.
· Remarked we need a name for the lake at Schertz Parkway and Live Oak Road.
· Said he sees Metro Ambulance has evacuated the HEB parking lot. Mayor
Baldwin advised they have an agreement with HEB because sometimes FM 1518
gets blocked at both entrances.
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. Inquired if anyone has been evacuated. Mayor Baldwin answered they will go
over the details shortly.
. Commented he was surprised Council could terminate the City Manager for no
reason. Mayor Baldwin explained the City Manager had a contract and will get
severance and an opportunity to relocate. Council decided during Kerry Sweatt's
tenure that the contract is fair It is basically City Manager sided.
. Remarked that regarding the SOB Ordinance, he doesn't understand why they're
having a public hearing. There are lots of pages in the current ordinance. Mr
Spain read ordinances from several other cities and it doesn't make sense to him.
Mayor Baldwin stressed the City wants to make sure they have maximum control
if an SOB decides to locate here. Several cities have already gone to court. Mr.
Spain added the current Ordinance was adopted approximately 10 years ago.
There has been lots of litigation. They don't want to violate anyone's civil
rights, They want to make a good decision.
Before Mr. Marquez gave an update on the flood, he asked Chief Cantrell to report on
the robbery incident. Chief Cantrell stated that on the evening of 6-29-02, at 6:00 p.m.,
they received a call about a robbery in progress at OCR in the industrial park and believe
it was the same suspect from the previous evening. They responded with units and
personnel and tried to contain the suspect who used his vehicle to attack the officers. He
ran into officers Josh Mixon and Joe Wilgen. Officer Theopistos also suffered minor
injuries. The suspect escaped to IH-35 and was apprehended on foot. Selma, Universal
City and Live Oak also responded. The suspect is in custody He has a large litany of
crimes. The officers who were taken to the hospital by Air Life are doing great. The
Police Department is in good spirits.
Mr. Marquez noted the creek is subsiding. He asked Chief Friesenhahn for a report.
The Chief said he activated EOC, brought in some personnel on overtime, and alerted
those citizens in jeopardy. They did a door to door notification. It was a team effort.
Mr Marquez mentioned they did evacuate some people from Laurel Lane. John
Bierschwale, Public Works Director, '''lM;ed that water came up in several storage
buildings and several mobile homes.
Dudley Wait, EMS Director, related that a shelter was set up at the United Baptist
Church versus the Community Center The highest crest of the Cibolo Creek was in
Selma at 23 7 feet. Chief Friesenhahn added that Cibolo, Universal City and Converse
all responded for help. They also had assistance from Air Life.
Mr. Marquez commented the school district stepped up and had busses ready in case
they were needed.
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Mr. Greenwald remarked the old railroad bridge had a way to measure and that is
needed. Mr Bierschwale added it's also needed at Selma. There should be maps for all
the safety departments with a listing of all elevations.
Mr. Marquez related they were stationed at key points along the creek for
communication. Instant command worked well.
Mr Greenwald noted that when he picked up his packet at the Police Department, he
was really ticked off at the lack of citizens pulling over for emergency vehicles.
Chief Friesenhahn reported they had 1171 calls, eight lines, and a total of 1056 minutes.
Mr. Wait said they averaged ten calls per minute. Mayor Baldwin asked if they were
able to select specific blocks and was told they were.
Mayor Baldwin then asked if the siren is functioning. Chief Friesenhahn answered it is,
but they chose not to activate it. They need to come up with a system. Mayor Baldwin
agreed they need to get the system worked out. He jokingly remarked the best test is to
set it off at noon.
#2 Consider and take action to appoint Interim City Manager.
Mayor Baldwin indicated he would like to make this item part ofItem #10 (action as a
result of Executive Session) and Council had no objections.
#3 ORDINANCE: Consider and take action on final reading of amendment to Code
of Ordinances regarding rules for manufacture of frozen desserts (soft-serve products).
Mayor Baldwin introduced an Ordinance and read the caption as follows:
ORDINANCE NO. 02-H-14
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS ADDING
APPENDIX A TO THE ORDINANCE CREATING THE DEPARTMENT OF
HEALTH FOR THE CITY OF SCHERTZ.
Mr. Marquez advised Council the first reading of this Ordinance was approved on
6-18-02. Nothing has changed since the first reading.
Mr. Wilenchik moved to approve the final reading of an Ordinance amending the Code
of Ordinances regarding rules for manufacture of frozen desserts. Mrs. Agee seconded
the motion, which carried with the following votes:
AYES' Councilmembers Head, Pitts, Agee, Wilenchik and Greenwald.
NAYS. None.
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#4 PUBLIC HEARING: To receive citizen comments, suggestions, and
recommendations to address the secondary effects resulting from the operation of
sexually oriented businesses in the City
Mayor Baldwin explained the procedures to be followed for the public hearing.
Mr. Spain commented the first draft of the Ordinance is in the FYI section of Council's
packets. It will be discussed at the workshop next week. He expects very few changes
based on reviews and studies and the first public hearing.
Mrs. Agee inquired if Mr. Spain had found out whether or not the agenda of the SOB
meetings should be posted. Mr. Spain replied it is not necessary to post it. There is no
quorum of Council present. The next meeting is July 11th at 6:00 p.m. and is open to the
public. Mr Greenwald expressed the desire to have the agenda posted. Mr. Spain said
they could do that.
Mr Salas remarked all he can say about the SOB ordinance is make my day
Mr. Brockman thought David Richmond, Planning and Zoning Chairman, had some
comments about rezoning plans by the Commission. Mr. Richmond admitted the idea
had been talked about at the Planning and Zoning meetings, but they will not do
anything until after Council passes the Ordinance. Rezoning can be done for the SOB's,
but the zoning process has to be followed. He suggested Council be aware that zoning
changes can be made, if so desired. Mayor Baldwin recommended that David Richmond
be on the next workshop agenda for this discussion.
Mr Brockman then noted the City needs an updated zoning map. Mr. Greenwald
indicated it is in process.
There being no further comments, Mayor Baldwin closed the public hearing at this time.
#5 ORDINANCE: Consideration and approval of an Ordinance by the City Council
of the City of Schertz, Texas authorizing the issuance of "City of Schertz, Texas Tax
notes, series 2002", levying an annual ad valorem tax, within the limitations prescribed
by law, for the payment of the notes; prescribing the form, terms, conditions, and
resolving other matters incident and related to the issuance, sale, and delivery of the
notes; authorizing the execution of a paying agent/registrar agreement and a purchase
and investment letter; complying with the requirements of the depository trust
company's letter of representations; and providing for an effective date.
Mr. Marquez informed Council he had asked Michael Spain, City Attorney, and Mark
McLiney, representative from Southwest Securities, to attend the meeting this
evening. He then distributed the debt service schedule, saying it is similar to what we
did for the fire truck (same mutual funds). It will be paid out over three years and the
first payment is due February 1, 2003 It is subject to and supported by ad valorem
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taxes. Due to a new law by the legislature, we will be approving it in one reading and
that is not an emergency reading.
Mr. Spain commented they normally have a two-reading format or do as an emergency
reading. The legislature amended the law allowing bond ordinances to be approved in a
single reading. If City Council is ready to approve it tonight, we can move forward.
Mrs. Agee pointed out that due to the timing, we need to approve it tonight.
Mr. McLiney related the rates are determined by what was sold yesterday. That works
well for the purchaser and the City. They just need to place them with the final end user.
Mr. Marquez stated he has a contract on his desk to enter into an agreement with Incode,
but he wouldn't sign it until he got City Council's approval on the tax notes.
Mr. Pitts said, basically, the City is financing an issue with Incode. Mr. Marquez told
him that is not the case. Incode won't finance.
Mayor Baldwin introduced an Ordinance and read the caption as follows:
ORDINANCE NO. OZ-M-15
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AUTHORIZING THE ISSUANCE OF "CITY OF SCHERTZ, TEXAS
TAX NOTES, SERIES 2002", LEVYING AN ANNUAL AD VALOREM TAX,
Whnu. THE LIMITATIONS PRESCRIBED BY LAW, FOR THE PAYMENT
OF THE NOTES; PRESCRIBING THE FORM, TERMS, CO~".HuONS, AND
RESOLVING OTHER MATTERS INCIDENT AND RELATED TO THE
ISSUANCE, SALE, AND DELIVERY OF THE NOTES; AUTHORIZING THE
EXECUTION OF A PAYING AGENTIREGISTRAR AGREEMENT AND A
PURCHASE AND INVESTMENT LETTER; COMPLYING WITH THE
REQUIREMENTS OF THE DEPOSITORY TRUST COMPANY'S LETTER OF
REPRESENTATIONS; AND PROVIDING AN EFFECTIVE DATE.
Mr Greenwald moved to approve the first and final reading of an Ordinance authorizing
the issuance of City of Schertz, Texas Tax Notes, Series 2002 as described in the
caption. Mr. Wilenchik seconded the motion, which carried with the following votes:
AYES: Councilmembers Head, Pitts, Agee, Wilenchik and Greenwald.
NAYS. None.
Mayor Baldwin thanked Mark McLIney for his time.
#6 REAPPOINTMENTS; Consider and take action on the reappointment of
members to the Board of Adjustment.
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Mr. Marquez mentioned this had been discussed at the workshop last week.
Mr. Greenwald moved to reappoint Kathy Hill and James Harden as regular members to
the Board of Adjustment and to reappoint Norman Slocum and Peggy Brown as
alternates to the Board of Adjustment, all for terms of two years. Mr Pitts seconded the
motion, which carried with the following votes:
AYES: Council members Head, Pitts, Agee, Wilenchik and Greenwald.
NAYS: None.
#7 BID AWARD: Discussion and possible action awarding bid for sport utility
vehicles for the Police Department.
Mr. Marquez reminded Council funding for this purchase was approved at mid-year.
Only two bids were received.
Chief Cantrell then mentioned there are times when alternative vehicles are needed, not
pursuit vehicles, and the flood is a prime example of one of those times. He emphasized
they are not going this direction for the whole police fleet, but are hoping these vehicles
will give them longer service and help save money in the long run. Mayor Baldwin
asked if the vehicles are Ford Expeditions and was told they are.
Mrs. Agee, noting only $60,000 was approved at mid-year, asked where the extra money
is coming from. Chief Cantrell answered from another fund and Mr Jain stated it is
coming out of the Other Equipment fund. Chief Cantrell admitted they were not
expecting a cost increase like this.
Mr Wilenchik inquired if these vehicles will take other vehicles out of the fleet and
Chief Cantrell replied they would not. Mr. Wilenchik then noted they are increasing the
authorization of vehicles in the police fleet by three. Chief Cantrell said that's correct.
Mrs. Head asked if the vehicles would be marked and Chief Cantrell replied yes.
Mrs. Agee asked if they need to put light bars on or other extra accessories like radios,
do they have the money. Chief Cantrell replied yes. Mrs. Agee then explained she just
wanted to make sure they have the money. Chief Cantrell replied they can find the
money. They want to step up to the plate and do the right thing.
Mrs. Head moved to award the bid for three sport utility vehicles for the Police
Department to Bluebonnet Motors in the amount of $71,972.19. Mrs. Agee seconded
the motion, which carried with the following votes:
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AYES: Councilmembers Head, Pitts, Agee, Wilenchik and Greenwald.
NAYS' None.
#8 Discussion or new City Manager search.
Mr. Pitts observed this experience in the past has taken them down two different paths -
staff/committee recommendations and professional placement services.
Mr. Greenwald indicated he was totally dissatisfied with the placement service they had
for Dewey Cashwell. They used a citizens committee to pick Kerry. Sweatt. Jack
Hamlett, City Manager for Cibolo, has offered to help.
Mayor Baldwin mentioned he felt somewhat the same. He's not sure the placement
service checked Mr. Cashwell's references. Also, he's not really wild about going out of
the State of Texas.
Mr. Greenwald commented they need to set a limit. They should choose the top 10 and
then from that select the top 3 or 4. Mr. Pitts agreed and said they should select the most
qualified candidates and remember that time is of the essence.
Mrs. Agee asked if TML offers a service. Mr. Marquez answered they have a means of
advertising for the position.
Mr. Greenwald emphasized he thought they should do their own search. Mrs. Head
added she has a concern about the money that went into the effort to hire the previous
City Manager versus the results. Mrs. Agee, saying councilmembers are servants of the
public, wondered if they should go with someone who hires government workers. Mr
Greenwald still recommended a committee of citizens.
Mrs. Head requested that an agenda item to establish the time frame for this bt;
scheduled at the next workshop and they can determine whether or not it satisfies their
desires. Mayor Baldwin noted they already have a pattern laid out, they just need to
make the necessary changes.
Mrs. Agee suggested resurrecting all the material from previous hirings. Mayor Baldwin
stressed they need to come up with names for a citizen's committee. Mr. Pitts
emphasized the need for establishing a timeline.
#9 EXECUTIVE SESSION: Called under Chapter 551 Texas Government Code,
Sub-Section 55.074 Personnel Matters - deliberation relating to Interim City Manager
An Executive Session was held from 8.32 p.m. until 9:48 p.m.
#10 Action, ifany, on above Executive Session.
2tl
Mr. Wilenchik moved that City Council appoint Mark Marquez as the Interim City
Manager at a salary commensurate with that of the previous City Manager Mr
Greenwald seconded the motion, which carried with the following votes:
AYES: Councilmembers Head, Pitts, Agee, Wilenchik and Greenwald.
NAYS: None.
Before Adjournment, the following items were discussed:
Mayor Baldwin reported he had spoken with Billy Keen about the City logo. Mr. Keen
tried to incorporate everything. It was felt the background would look good in Texas
native limestone. Mr. Pitts said he likes it. The colors are more contemporary. Mr
Marquez thought "Friendly City of Schertz" was too much for lapel pins.
Mr. Marquez stated the date for the Community Forum had initially been set for August
1st. That is a K of C bingo night, so we have to reschedule. Council recommended
August 5th.
Mr Wilenchik reported that the Humane Society seemed to have resolved its problem
and found the paperwork for a 50lc3 organization.
Mr. Marquez related attending a coalition of the Woodland Oaks Homeowners
Association. Their main concern was recent legislation, which would impact their
authority to foreclose, collect fees, etc. Mr. Greenwald mentioned the legislature would
like to make Homeowners Associations non-mandatory.
Mr. Marquez then asked Council if they liked the new water bill and approval was
unanimous.
Mr C.""..w'ald noted he had distributed a letter to everyone from TXDoT.
Mr. Greenwald then mentioned he had spoken with Commissioner Wolverton about the
delivery of commodities (such as cheese) for those in need. The County decided it cost
them too much gas and wouldn't deliver. Mr Wolverton will get it straightened out.
Mayor Baldwin informed Council he could not attend the upcoming conference in El
Paso. There is a conflict with softball tournament dates for his granddaughter.
#11 ADJOURNMENT
There being no further business to discuss, Mayor Baldwin adjourned the meeting at
10: 12 p.m.
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ATTEST'
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CrtySecr~ary,CityofSchertz,Texas
Mayor, City of Schertz, Texas
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