03-29-2011 MinutesMINUTES
REGULAR MEETING
March 29, 2011
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on March
29, 2011, at 6:00 p.m., in the Municipal Complex Council Chambers, 1400 Schertz Parkway,
Building #4, Schertz, Texas. The following members present to-wit:
Mayor Hal Baldwin
Cauncilmember Jim Fowler
Councilmember Cedric Edwards
Mayor Pro -Tem Michael Carpenter
Councilmember David Scagliola
Staff Present: Assistant City Manager Jahn Bierschwale Assistant City Manager David Harris
City Attorney Michael Spain City Secretary Brenda Dennis
Councilmemher George Antuna was absenf.
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.
Councilmember Fowler gave the invocation followed by the Pledges of Allegiance to the Flags of
the United States and State of Texas.
PRESENTATIONS
• GIS Department update. (T. McFalls)
Mayor Baldwin recognized GIS Technician Tany McFalls who provided a presentation
update regarding the department's activities answering questions from Council.
• Wilenchik Walk for Life -Presentation and briefing (J. Bierschwale)
Mayor Baldwin recognized Assistant City Manager John Bierschwale who pravided the
following information regarding the Wilenchik Walk for Life raising $28,4'13.G1:
T-Shirt Winners
City Department Teams
First Place -Municipal Court
Second Place - Schertz Public Works
Participant Teams
First Place -The Sole Sisters
Second Place -Neuberger Family
Most Money Raised
City Departments
First Place -- Schertz Fire Department
Individual Team
Team Reid - $815.00
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Second Place -Schertz Public Woxks
Corporate Team
GVEC - $2,256.00
CORPORATE SPONSOR
HEB - $3,000.00
Mr. Bierschwale gave a special thanks to the following:
OLDEST WALKER
John Calvarese
ValerieWilenchik, Steve Wilenchik, and Fatxiily
VK Knowlton who donated $1200.00
Texas Trophies (SandylJohn Bryant) for donation of trophies
Individuals who wanted to stay anonymous
Wilenchik Walk far Life committee, staff, and all departments
YMCA -Presentation and briefing (D. HarrislJill Trarnel)
Mayor Baldwin recognized Executive Director, Fredy Degollado who thanked Mayor
Baldwin, Council and City Manager Don Taylor for the opportunity leading the charge to
have a very successful YMCA. Mr. Degollado introduced the new CEO Ms. Sandy
Marander, and Chief Operating Manager, Ms. Jill Tramel who were in the audience this
evening. Mr. Degollado provided a brief PowerPoint presentation regarding the activities
of the YMCAIRecreation Center from March 2010 through March 2011. Mr. Degollado
provided the following information:
Member & Partner Information
- 6903 Members at the YMCA
- 182 City of Schertz Employees
551 City of Schertz employees and their families
- 589 SCUCISD Employees
2033 SCUCISD employees and their families
- 37,454 group exercise participants
- 10,939 rock wall climbs
- 6,868 wellness consultations
Youth Development
- 6,122 Kids Fit
- 21,622 Childwatch
- 5,206 Kids Club
- 1,143 Youth Sports
- 500- Healthy Kids day
Social Responsibility
- Y-Partners -- 2010
$51,626 scholarship dollars given to community
1,000 people helped
- Y-Partners - 2011 {Jan/Feb)
$10,500 scholarship dollars given
170 people helped
1,155 people served in family nights
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Volunteer opportunities
Bible studies
20% Members received financial assistance
Hearing of Residents
Mayor Baldwin recognized the following:
• Ms. JoAiuie Stall and Ms, Ange Lang, 4053 Brook Hollow Drive, who spoke regarding
teen drug issues in the Wynnbrook Subdivision, specifically along the greenbelt.
• Mr. David Richmond, 2921 Bent Txee Drive, who spoke regarding the editorial in the
Express News regarding a proposed bill to undercut San Antonio's tree ordinance within
their Extraterritorial Jurisdiction.
• Ms. Donna Kneupper, 301 W. Krueger, Marion who spoke and complained about the
trucks exiting out of Becks on FM 78, stating recently a truck coming out of Becks hit and
killed someone.
• Mr. Ted Myers, with Kung Jung Mu Sul, who introduced one of his students, Janea who
stated that they will be performing at the Rampage Hocky game an Apri12, 2011 and that
on Apri122, 2011 from 5 to 6 p.m, they will be hosting a Good Friday Easter Egg Hunt.
• Mr. Robert Brockman, 1000 Elbel, who stated that there is a pile of trash left at Loretta's
Finest Restaurant, which has recently been closed. He also stated that the dumpster at the
BVYA fields is missing a door. Mr. Brockman stated that he attended the Historic
dedication Saturday and commended Mr. Weirtz, Chair of the Historical Committee for
putting this together.
Workshop -(Discussion b~y Council to_provide guidance to staffl
A. No .Smoking Ordinance -Discussion xegarding the San Antonio No Smoking
Ordinance. {J. Bierschwale/M. Spain)
Mayor Baldwin recognized Assistant City Manager Jahn Bierschwale who
discussed the San Antonio No Smoking Ordinance getting direction from Council.
Mr. Bierschwale stated that based on the information provide to Council he believes
that no smoking should be prohibited 25 to 30 feet of any City owned park,
playground and athletic fields, as well as anywhere children gather.
Mayor Baldwin recognized Councilmember Edwards who stated he was concerned
with how it would be policed. He agreed that smoking needed to be prohibited by
entrances to all municipal facilities or at Least a specif c distance away from them.
Mayor Baldwin recognized Councilmember Scagliola who stated that the San
Antonio's ordnance is a little overkill. He would like to leave businesses alone, but
is in favor of establishing a buffer zone around playgrounds, athletic fields, and city
owned parks.
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Mayor Baldwin recognized Councilmember Fowler who agreed to a parameter
around playgrounds, athletic facilities, but agrees that there is a need for flexibility
for those who have private parties at the City Park Pavilions.
Mayor Baldwin recognized Mayor Pro-Tem Carpenter who stated that he agreed
with the Councilmembers and wants all ball fields included in the ordinance.
Mayor Baldwin recognized City Attorney Michael Spain who stated that based on
the discussion this evening, he would bring an ordinance to Council at the April 12,
2011 meeting for consideration.
Discussion a~adlox Action Items
1. Ordinance No. 11-B-07 -Consideration and approval of an Ordinance by the City Council
of the City of Schertz, Texas authorizing the issuance of "City of Schertz, Texas General
Obligation Bonds, Series 2011 ", levying an annual ad valorem tax, within the limitations
prescribed by law, for the payment of the Bonds; prescribing the form, terms, conditions, and
resolving other matters incident and related to the issuance, sale, and delivery of the Bonds,
including the approval and distribution of an Official Statement pertaining thereto;
authorizing the execution of a Paying Agent/Registrar Agreement, a Purchase Contract, and
an Escrow Deposit Letter; complying with the provisions of the Depository Trost Company's
Letter of Representations; and providing an effective date. First and Final Reading (Mark
McLiney)
Mayor Baldwin recognized Mr. Ryan Cunningham with Southwest Securities who stated that
on November 2, 2010, voters approved ~1 separate bond propositions totaling $15,875,000.
City Council has previously authorized Staff and the Financial Advisor to proceed with an
$8,250,000 Bond Sale consisting of $3,000,000 for the Aquatic Center, $3,000,000 for the
Sports Fields, and $2,250,000 for the Animal Service Facility. After this initial Bond sale,
the City will still have $7,625,000 of voted and unauthorized debt consisting of $3,625,000
for the Aquatic Facility, $3,000,000 for the Sports Fields and $1,000,000 for Downtown
Improvements.
Mr. McLiney stated with the issuance of the bonds, the City's T&S tax rate will increase in
Fiscal Year 2012 by approximately $0.024 (assuming no growth in taxable value). Once all
of the Bonds are sold, the increase is estimated at less than $0.05. (This is consistent with
what was told to the voters.) The City Staff recommends approval of this expenditure and
approval of Ordinance No. 11-B-07.
Mayor Baldwin recognized Councilmember Fowler who moved, seconded by
Councilmember Edwards to proceed with an $8,250,000 Bond Sale consisting of
$3,000,000 for the Aquatic Center, $3,000,000 for the Sports Fields, and $2,250,000 for the
Animal Service Facility. After this initial Bond sale, the City will still have $7,625,000 of
voted and unauthorized debt consisting of $3,625,000 for the Aquatic Facility, $3,D00,000
for the Sports Fields and $1,000,000 for ~ Downtown Improvements and approving
Ordinance No. 11-B-07 first and fmal reading. Yote was unanimous. Motion carried.
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2. Minertes -Consideration and/or action regarding the approval of the minutes of the Regular
Meeting of March 22, 2011.
Mayor Baldwin recognized Councilmember Edwards who moved, seconded by Mayor Pro-
Tem Carpenter to approve the minutes of the March 22, 2011. The vote was unanimous
Motion Carried.
3. Resolution No. 11-R-20 -- Consideration and/or action approving a resolution authorizing a
Property Transfer Agreement with the City of San Antonio relating to the Wildland Regional
Response Tearn and wildfires. (D. Covington/M. Spain)
Mayor Baldwin recognized Fire Chief David Covington who introduced this item stating that
the City of San Antonio ("COSA"} received a donation from the United States Automobile
Association ("USAA") for the purpose of supporting the Wildland Regional Response Team
("WRRT") in the San Antonio Urban Area ("SAUA"}. The WRRT includes firefighters
employed by the City of Scheriz, COSA has purchased equipment that is used by Wildland
Firefighters with the donated funds that the City is in need of in its efforts to be prepared to
respond to wildfires in the SAUA. COSA wishes to. transfer the ownership of such
equipment to the City for its use in WRRT activities. Receipt of equipment valued at
approximately $4,658.80.
Mayor Baldwin recognized Councilmember Scagliola who moved, seconded by
Councilmember Fowler to approve Resolution No. 11-R-20. The vote was unanimous.
Motion carriers:
4. Resolution No. 11-R-21 -Consideration andlor action on the purchase of certain real estate
from Carol F. Smith and Smith & Sons, Inc., and other related lease agreements. {J.
BierschwalelM. Spain}
Mayor Baldwin recognized Assistant City Manager John Bierschwale who introduced this
item stating that action approves the purchase of 4.040 acres, ABS: 221 Sur G Malpaz from
Carol Smith and the purchase of 1.007 acres, Pecan Street Center, Lot 3 from Smith &
Sons, Inc. and the temporary leaseback of the 4.040 acre parcel to ,Smith & Sons, Inc.
Fiscal impact is as follows:
$137,828 - (4.040 acres) paid to Carol Smith
$ 39,917 -~ (1.007 acres) paid to Smith & Sons, Inc.
$180 -Lease payment ($101month for 18 months) received by the City.
Mayor Baldwin recognized Councihnember Fowler who moved, seconded by
Councilmember Scagliola to approve Resolution No. 11-R-21. The vote was unanimous.
Motion carriers:
5. Unopposed Candidates -Presentation of the Certification of Unopposed Candidates for the
May 14, 2011 City General Election, as prepared and submitted by the City Secretary. {B.
DennisB. Dennis)
Mayor Baldwin recognized City Secretary Brenda Dennis who stated that under Section
2.052 of the Te~cas Election Code it states that as soon as possible after the deadline for
declaration of write-in candidacy, if na candidate in the election is opposed on the ballot or
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by a declared write-in candidate, the City Secretary must deliver to the City Council a
certification that each candidate for office is unopposed.
Mayor Baldwin recognized Councihnember Scagliola who moved, seconded by
Councilmember Fowler to accept the certif cation as delivered by the City Secretary. The
vote was unanimous. Motion carried
6. Ordinance No. ll-E-07 -Consideration and/or actian approving an ordinance cancelling the
May 14, 2011 City's General Electian. First Reading (B. Dennis/M. Spain)
Mayor Baldwin recognized City Secretary Brenda Deruus who introduced this item stating
that now that the Council has received and accepted the certification, as stated in section
2.053(b} of the Texas Election Code, the City Council may by ordinance, declare the
unopposed candidates elected to office, in which case the election will not be held. Staff
recommends approval of first reading of Ordinance No. 11-E-17.
Mayor Baldwin recognized Councilmember Scagliola who moved, seconded by
Councilmember Fowler to approve Ordinance No. 11-E-17 first reading. The vote was
unanimous. Motion carried:
7. Bid #11-ENG-09-C-03 - Aviation Heights Water Line Upgrades, Phase N -
Consideration and/or action awarding a bid to RTM Construction Co, with a base bid of
$279,896.00 for the Aviation Heights Water Line Upgrades. (3. Bierschwale/L. Dublin)
Mayor Baldwin recognized City Engineer Larry Dublin who introduced this item stating l
that action requested of Council awards the bid to RTM Construction Co, with a base bid of
$279,89b.00 for the Aviation Heights Water Line Upgrades, Phase N.
Mayor Baldwin recognized Mayor Pro-Tem Carpenter who moved, seconded by
Councilmember Fowler to award the bid to RTM Construction Co., in the amount of
$279,896.00 for the Aviation Heights Water Line Upgrades, Phase IV. The vote ryas
unanimous. Motion carried.
Council did nat meet in executive session,
EXECUTIVE SESSION
Called under Section 551.071 Texas Government Code Consultation with City Attorney
regarding Litigation, pending litigation; Section 551.072 Texas Government Code -
Deliberation regarding the purchase, exchange, sale, lease, or value of real property and
Section 551.074 the appointment, employment, evaluation, reassignment, duties, discipline,-or
dismissal of the City Manager.
RECONVENE TO REGULAR SESSION
8. Take any action deemed necessary as a result of the Executive Session.
.1Vo action as Council did not meet
Requests and Announcements
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9.
10.
11.
Requests by Mayor and Councilmembers that items be placed an a future City Council
agenda.
No requests
Requests by Mayor and Councilmembers to City Manager and Staff far information.
Mayor Baldwin recognized Mayor Pro-Tem Carpenter who asked if staff had completed the
Country Club Blvd. project. City Engineer Larry Dublin stated that the project was
complete,
Mayor Pra-Tem Carpenter asked about the status of the graffiti vandalism. Assistant City
Manager John Bierschwale stated that the Marshal's office is working on the area and that he
would have them provide a report on the status. Mayor Baldwin stated that the police
department has been patrolling the areas on the graffiti and that just recently teens were
caught.
Mayor Pro-Tem Carpenter also asked when the trash cans on Schertz Parkway are scheduled
to be leveled. Assistant City Manager John Bierschwale stated that the Parks Department is
currently working to get them all leveled.
Mayor Baldwin recognized Councilmember Fowler who asked if there were areas that were
on natural gas and who was responsible for monitoring the lines. City Engineer Larry Dublin
stated that those lines were inspected by the gas company and not our inspection department.
Announcements by Mayor and Councilmembers
Mayor Baldwin recognized Councilmember Fowler who stated he attended the following:
• HOA meeting.
• 45`h Legislative Workshop March 24, 2011 in New Braunfels last week and some of
the topics were border security, redistricting, and state budget.
• Heritage City Neighborhood Designation Ceremony, 15` Street and Lee Saturday,
March 2b, 2011
Mayar Baldwin recognized Councilmember Scagliola who stated he attended the
following:
• Schertz Sweetheart Fiesta Fashion Show, Saturday, March 26, 2011
• Heritage City Neighborhood Designation Ceremony, 151 Street and Lee Saturday,
March 26, 2011
Mayor Baldwin stated that also attended the 45a' Legislative Workshop March 24, 2011 in
New Braunfels last week. He also stated that he, Mayor Pro-Tem Carpenter,
Councilmembers Edwards and Antuna attended the BVYA Spring Ball Opening Day
Ceremony on Saturday, March 26, 2011.
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Mayor Baldwin stated that recently he attended a meeting regarding discussion on
redistricting and it looks like Schertz will have two (2} solid representatives representing
the City. Mayor Baldwin thanked all the Councihnembers for attending the various events.
12. Announcements by City Manager
Mayor Baldwin recognized Assistant City Manager David Harris who introduced Mr. John
Kessel, Schertz new Economic Development Director. Mr. Harris stated that the Schertz
Sweethearts recently participated in the Queen of Sole Pageant. Mr. Harris provided the
following reminders:
• April 1 and 2, 2011 TML Region 7 meeting in Bandera
• Apri18, 2011 Hal Baldwin Scholarship Golf Tournament
• Apri116, 2011 Schertz Sweethearts will be present at the Flambeau Fiesta parade
Mr. Harris also asked Council to mark their calendars for May 5~' of next year from 6 to
S p.m., (this is the new scheduled time for the Schertz Sweetheart Pageant.)
ADJOURNMENT
As there was no further action, Mayox Baldwin,~djournec~ the meeting at 7:47 p.m.
ATTEST:
Br da ennis, TRMC, MMC City Secretary
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