03-22-2011 MinutesMINUTES
REGULAR MEETING
.March 22, 2011
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on March
22, 2011, at 6:00 p.m., in the Municipal Complex Council Chambers, 1400 Schertz Parkuray,
Building #4, Schertz, Texas. The following members present to-wit:
Mayor Hal Baldwin
Councilmember Jim Fowler
Councilmember George Antuna
Mayor Pro -Tem Michael Carpenter
Councilmember David Scagliola
Councilmember Cedric Edwards
Staff Present: City Manager Don Taylor Assistant City Manager John Bierschwale
Assistant City Manager David Harris City Attorney Michael Spain
City Secretary Brenda Dennis Deputy City Secretary Cynthia Raleigh
CALL TO ORDER REGULAR MEETING
Mayor Baldwin called the meeting to order at 6:00 p.m.
INVOCATION AND PLEDGES OF ALLEGIANCE TO THE FLAGS OF THE UNITED
STATES AND STATE OF TEXAS.
Councihxiember Fowler gave the invocation followed by the Pledges of Allegiance to the Flags of
the United States and State of Texas.
PRESENTATIONS
• Presentation and briefing regarding the sale of General Obligation Bonds (M. McLiney)
Mayor Baldwin recognized Mark McLiney and Ryan Cunningham with Southwest Securities
who briefed the Council on the proposed sale of $8,250,000 of General Obligation Bonds that
they will price on Monday or Thursday of next week. Projects include: 3M for the Natatorium,
3M for the Ball Fields and 2.SOK for the Animal Shelter, answering questions from Council.
Mr. McLiney stated that he will be bringing the sale of the bonds back to Council next week.
Hearing of Residents
No residents signed up to speak.
Workshop -(Discussion by Council to provide guidance to staff)
A, No Smoking in Parks -Staff has identified several questions on which it needs
guidance before preparing ordinance for final reading. (J. Bierschwale/M. Spain)
B. Broader No Smoking Ban -Staff needs guidance regarding desired scope of
broader ban requested by Councilmember Scagliola before drafting ordinance. (J.
BierschwalelM. Spain)
03-22-2011 Minutes
Mayor Baldwin recognized City Attorney Michael Spain who stated that staff has
identif ed several questions on the ordinance regarding Na Smoking in Parks and needs
guidance from Council before the final reading of the ordinance.
City Attorney Michael Spain and Assistant City Manager John Bierschwale suggested
Council look over San Antonio's ordinance they recently adopted, review it, and bring
their suggestions for discussion next week, Staff will be providing a copy to each
Councilmember for review.
C. Ban on Plastic Bags -Staff needs guidance regarding desired scope of ban
requested by Councilmember ~Antuna before drafting ordinance. {J. Bierschwale/M.
Spain}
Mayor Baldwin recognized City Attorney Michael Spain who stated that staff needs
guidance an the desired scope on banning the use of plastic bags throughout the
Gity before drafting an ordinance.
Mayor Baldwin recognized Cauncilmember Antuna who explained his position and
reasoning behind his request for banning plastic bags within the City. City
Manager Don Taylor suggested an education program. Attoney Michael Spain
suggested that the City and the Chamber work with area businesses to influence the
reduction of use of plastic bags. City Manager Don Taylor stated that there is a
need to get with the schools and teach and educate our students on littering.
Assistant City Manager John Bierschwale indicated that staff will start working on
education and other programs to help reduce the use of plastic bags,
Discussion andlor Action Ttems
1. Proposed Operational Plan for the Center for Entrepreneurship -Presentation and
consideration andlor action regarding a partnership with New Braunfels EDC approving
partial expenditures on a proposed Operational Plan far the Center for Entrepreneurship. (D.
Harris/D. Harris)
Mayor Baldwin recognized Assistant City Manager David Harris who introduced this item
stating that the Economic Development Corporation approved an agreement on March 10,
2011 to help establish a branch location of the University of Texas at San Antonio's Small
Business Development Center, an affiliate of the Federal Small Business Administration
{SBA}. The Center will be located in New Braunfels and will focus on assisting small "mom
and pap" companies in development of business plans, .setting up their businesses, and
helping them apply for SBA loans from local banks. The Center currently offers business
incubation, office space and commercial kitchen, classes and training in business concepts,
and on-site business counseling,
The service area for this office will be the cities of New Braunfels, Seguin, and Schertz. The
benefit of having a location in New Braunfels is that clients will have closer access to these
services and not have to travel to the UTSA Downtown Campus, In years past, Schertz EDC
has had numerous seminars at the facilities and was well received. The City plans to
continue offering these seminars which will be staffed out of the New Braunfels office,
Fiscal impact: The annual budget for this branch location is as follows:
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Build New Braunfels {New Braunfels Chamber) $ 84,607.50
Seguin EDC $ 42,303.75
Schertz EDC $ 42,303.75
$169,215.00
2.
The Schertz Economic Development Corporation agreed to fund $20,000 far the remainder
of the current fiscal year and will consider full-year funding for next fiscal year during up-
coming budget deliberations. Staff recommends approval.
Mayor Baldwin .recognized Councilmember Edwards, who moved, seconded by
Councilmember Antuna to approve the funding of $20,000 for the remainder of the current
fiscal year; $42,303.75 will be funded for the following year from the Economic
Development Corporation budget. The vote was unanimous. Motion carried.
Minutes -Consideration andlor action regarding the approval of the minutes of the Regular
Meeting of March 15, 2011.
Mayor Baldwin recognized Councilrnember Edwards who moved, seconded by
Councihnember Scagliola to approve the minutes of the March 15, 2011. The vote was
unanimous. Motion Carried.
3. Annexation FM 1518 - Conduct a public hearing and discussion by the City Council
concerning the annexation of approximately 431.79 +1- acres of property east of FM 1518,
south of RAF Buxxiette, and north of Lower Seguin Road, ail in Bexar County, Texas. (M.
Spain) (This is the first of two required public hearings).
Mayor Baldwin recognized City Attorney Michael Spain who introduced this item stating
that on January 18, 2011, the City Council began the process of annexing approximately
431.79 acres of property east of FM 1518, south of RAF Barnette, and north of Lower
Seguin Road. Maps of the area proposed to be annexed are attached. An annexation
timeline is also attached. This meeting is the first public hearing required as part of the
annexation process. He stated action requested of Council is to conduct the second
required public hearing receiving comments from citizens. Mr. Spain provided the
following timeline:
April 12, 2011--First Reading of Ordinance for annexation
April 19, 2011- Second and Final Reading of Ordinance for annexation
Mr. Spain stated that all three owners of AG exempt property have accepted the
development agreements.
Mayor Baldwin opened the public hearing and recognized the following:
Mr. Michael DeNuccio, 15303 Huebner, represents Croton Properties who addressed Council
regarding concerns of many of the property owners who have been working on developing
their properties. His firm and those he represents are favorable with entering into an
agreement with the City.
City Attorney Michael Spain explained the other type of agreement (of how the pxaperty
would be developed} which may be offered either by the City or the property owner. He
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stated such an agreement would be legal, but not required; however, the City would need to
agree to all the terms presented by the property owner in an agreement. Mr. Spain stated
that he has been in contact with David Earl Law Firm and is awaiting information outlining
the scope of what the development agreement would do. At that time, the Gity will take a
look at what they are requesting, sit down with staff, brief Council, and then see what type of
development agreement might be amenable to both the property owner and the Ciry. The
agreement could address areas such as inspections and permitting, streets etc., that the City
could have some control of under the UDC. Mr. Spain stated if the Council wants to remove
this property from annexation at this time they could to allow negotiations far an agreement
and that it is unlikely that the City and Croton Properties can negotiate the agreement and
bring to Council before the April 19`~ date. Again, he stated that if it is the desire of the
Council to pursue the agreement, then they would withdraw these properties from the
annexation.
Mr. Robert Brockman, 1000 Elbel Road, expressed his concerns regarding fire protection
services in this area due to the Sedona Project not receiving the grant for a fire station that
would provide service to the proposed annexation area. There is no fire station located in
South Schertz at this time.
Mr. Kenneth Greenwald, 205 Westchester, expressed his concerns regarding sewer service in
the proposed annexation area, due to all being an septic service at this time.
As no one else spoke; Mayor Baldwin closed the public hearing.
Mayor Baldwin recognized Councilmembers Edwards, Scagliola, and Mayor Pra-Tem
Carpenter who expressed their concerns and comments regarding the other type of
development agreement that was discussed earlier by the City Attorney and Mr. Michael
DeNuccio.
Mayor Pro-Tem Carpenter stated this area has been in Schertz ETJ far some time and
believes the developers need to adhere to the cities development standards as set out in the
Unif ed Development Code (UDC}. Mayor and Councihnembers concun'ed that any
development being considered for annexation would need to follow the cities Unified
Development Code {UDC) and that they were against anyone excerpting from it.
Mayor Baldwin announced that the first reading of the ordinance would be held on April 12,
2011 at 6:00 p.m. No action taken on this item this evening.
4. Resolution No. l.L~R-17 -Consideration andlor action of a resolution authorizing (a) contract
with the State Energy Conservation Office accepting a grant in the amount of $490,928.03
for a solar project at the Schertz Public Library, {b) authorizing the expenditure of
$98,185.61 of City funds as the City's required match, and (c) authorizing McKinstry
Essention Inc. to administer the grant. (D. Taylor/G. Logan)
Mayor Baldwin recognized City Manager Don Taylor and Parks and Recreation Director
George Logan who introduced this item answering questions from Council. Mr. Logan
stated that action requested of Council would approve a grant for Solar Energy Project for the
Library and related installation contract. The Distributive Renewable Energy Technology
Stimulus Grant is 80% State funded and 20% local funded. The grant would provide for the
installation of a solar voltaic panel array on the roof of the City's Public Library that would
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harness energy from the sun resulting in a system totalling 74.06 KW at the Library. This
would reduce the future energy expenses by 25% with a projected annual savings of
approximately $7,500 per year of operation. George Logan introduced Lindsay Goodsell
with McKinstry who made a presentation regarding the grant and the details of the project to
Council. -
Fiscal Impact:
Grant funds received $490,92$
City Match $ 98,186
Total $589,114
Includes cost of installation/one-year of monitoring. Staff recommends approval.
Mayor. Baldwin recognized Councilmember Edwards who requested that a photographic
history be taken of this project from start to completion.
Mayor Baldwin recognized Councilmember Scagliola who moved, seconded by
Councihnember Fowler to approve Resolution No. ll-R-17. The vote was unanimous.
Motion Carriers:
5. Resolution Na. 11-R 18 -~ Consideration andlor action authorizing a transfer of $100,000
from the City's CPS CIED fund account for the Capital Group Data Center Electric Project.
(D. HarrislD. Harris}
Mayor Baldwin recognized Assistant City Manager David Harris who introduced this item
stating that action requested of Council grants $100,000 to route CPS Energy electric lines
and o#her electric infrastructure as part of the construction and development of the Capital
Group Data Center. These funds are to be paid from the CPS Energy CIED Fund
(Community Infrastructure and Economic Development). Staff recommends approval.
Mayor Baldwin recognized Mayor Pro-Tem Carpentex who moved, seconded by
Councilmember Antuna to approve Resolution No. 11-R-18. The vote was unanimous.
Motion Carrier.
6. Resolution No. 11-R 19 -Consideration and/or action authorizing a transfer of $22,163
from the City's CPS CIED fund account for the Crescent Bend Nature Park electric
conversion project. (D. HarrislD. Harris)
Mayor Baldwin recognized Assistant City Manager David Harris who introduced this item
stating that action requested of Council grants $22,163 to route and reroute CPS Energy
electric lines as part of the continuing development of the Crescent Bend Nature Park. The
total cost estimate is $44,326 shared by the City and Bexar County. The City's share of
$22,163 will be paid from the CPS Energy LIED Fund (Community Infrastructure and
Economic Development). Staff recommends approval.
Mayor Baldwin recognized Mayor Pro-Tem Carpenter who moved, seconded by
Councilmember Edwards to approve Resolution No. 11-R-19. The vote was unanimous.
Motion Carried.
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7. Public Works Personnel Re-Alignment -Consideration and/or action regarding re-
alignment of Public Works Personnel. (J. Bierschwale/S. Willoughby)
Mayor Baldwin recognized Assistant City Manager John Bierschwale and Public Works
Director Sam Willoughby who introduced this item stating that action requested of council
approves a Fleet Supervisor position for the Fleet Division. This position would improve the
efficiency of the overall production of the fleet division on City vehicles. No fiscal impact.
The combination of savings between a retired employee, the salary of an entry level street
and fleet superintendent, and the elimination of a meter reader position, fully funds the
position. Staff recommends approval.
Mayor Baldwin recognized Councihnember Edwards who moved, seconded by Mayor Pro-
Tem Carpenter to approve the Public Works Personnel Re-Alignment recommendation. The
vote was unanimous. Motion Carried.
8. Scheduling a March 29, 2411 City Council Meeting and cancelling the April 5, 2411
Council meeting -Consideration andlor action scheduling a March 29, 2010 City Council
meeting and cancelling the Apri15, 2011 meeting, (D. Taylor/D. Harris)
Mayor Baldwin recognized City Manager Don Taylor who introduced this item stating that
action requested of Council approves scheduling a regular Council meeting on March 29,
2011 and cancelling the regular Council meeting of April 5, 2011. Staff recommends
approval.
Mayor Baldwin recognized Mayor Pro-Tem Carpenter, who moved, seconded by ~
Councilmember Scagliola to approve scheduling March 29, 2011 as a regular meeting and
cancelling the April 5, 2011 regular Council meeting. The vote was unanimous. Motion
Carried:
9. Appointments/Reappointments/ Resignations to Boards and CommissionslCommittees
- Consideration and/or action regarding appointments/ resignations to Boards and
CommissionlCommittees. (B.Dennis/C.Raleigh)
Mayor Baldwin recognized Deputy City Secretary Cynthia Raleigh who introduced this
item stating that action requested of Council ratifies the resignation of Donald McQueen
from the Board of Adjustments, appoints Mr. Richard Dziewit as a regular member to the
Board of Adjustments.
Council is requested to remove Mr. David Reynolds as an alternate member of the Parks
and Recreation Advisory Board and appoints him to an alternate position on the Board of
Adjustments. Also, Council is requested to appoint Mr. John Ostrowski to an alternate
position on the Parks and Recreation Advisory Board.
Mayor Baldwin recognized Councilmember Scagliola who moved, seconded by
Councilmember Fowler to ratify resignation of Donald McQueen from the Board of
Adjustments. Appoint Mr. Richard Dziewit as a regular member of the Board of
Adjustments. Remove Mr. David Reynolds as an alternate member to the Parks and ~.
Recreation Advisory Board and appoint him to an alternate position on the Board of
Adjustments. Appoint Mr. John Ostrowski to an alternate position to the Parks and
Recreation Advisory Board. The vote was unanimous. Motion carried.
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Mayor Baldwin adjourned into Executive Session at 8:11 p.m.
EXECUTIVE SESSION
Called under Section 551.071 Texas Government Code Consultation with City Attorney
regarding Litigation, pending litigation; Section 551.072 Texas Government Code -
DeIiberation regarding the purchase, exchange, sale, lease, or valae of real property and
Section 551.474 the appointment, employment, evaluation, reassignment, duties, discipline, or
dismissal of the City Manager.
RECONVENE TO REGULAR SESSION
Mayor Baldwin reconvened into Regular Session at 8:49 p.m.
10. Take any action deemed necessary as a result of the Executive Session.
No action taken.
Requests and Announcements
11. Requests by Mayor and Councilmembexs that items be placed on a future City Council
agenda.
iYo requests
12. Requests by Mayor and Councihnembers to City Manager and Staff for information.
Mayan Baldwin recognized Mayor Pro-Tem Carpenter who requested that the garbage cans
along Schertz Parkway will be leveled. City Manager Don Taylor indicated that George
Logan is working on this problem.
Mayor Baldwin recognized Councilmember Fowler who requested information from the City
of San Antonio on what they are doing with recycling. Assistant City Manager David Harris
indicated that all surrounding cities use the same sole source recycling company. There is no
other city that is doing anything different than what we are currently doing:
13. Announcements by Mayor and Cauncilmembers
Mayor Baldwin recognized Councilmember Cedric Edwards who announced that he
attended the Schertz Medical Home Ribbon Cutting, the Schertz Chamber of Commerce
Mixer, and the Gity of Schertz Employee Remembrance Day Celebration. Councilmember
requested that we support BVYA Spring Ball opening this Saturday.
14, Announcements by City Manager
Mayor Baldwin recognized City Manager Don Taylor who requested that Council RSVP
for the YMCA dinner as soon as passible. Assistant City Manager David Harris that on
Friday at the New Braunfels Civic Center the City is sponsoring a Texas Legislative
Conference where issues such as state budget woes and other important topics will be
discussed with several State Legislatures as well as State Representatives.
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Mayor announced that he participated in the "Hitting the Green" Bus Tour last Thursday
March 17, 2011. He would request a different route to come into Schertz fox next time as
they came up IIi 10 up FM 1518. He stated that it was an interesting tour, there are great
things going on in all three cities: New Braunfels, Sequin, and Schertz.
Mayor Baldwin also mentioned the new billboard that was put up in New Braunfels going
southbound on IH 35 coming towards Schertz which says "10 MI. to San Antonio Schertz'
largest suburb".
Assistant City Manager John Bierschwale announced that Schertz-Cibolo-Universal City
ISD Board voted this evening to officially elianinate their campus police department as
ways of looking to trim money in their budget without having to lay off teachers. Mr.
Bierschwale stated that he will be coming back to Council once they find out what the
school district's intentions are, as they stated they are passing security duties on to the local
jurisdictions by employing them as resource officers,
AD3OURNMENT
As there was no further action, Mayor Baldwin
ATTEST:
me t e meeting at 9:01 p.m.
Baldwin
renda Dennis, TRMC, C City Secretary
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