04-28-09
MINUTES
REGULAR MEETING
April 28, 2009
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on
April 28, 2009 at 6:30 p.m., in the Municipal Complex Council Chambers, 1400 Schertz
Parkway, Building #4, Schertz, Texas. The following members present to-wit:
Mayor Hal Baldwin Mayor Pro-Tern Michael Carpenter
Councilmember Jim Fowler Councilmember David Scagliola
Councilmember John Trayhan Councilmember Tony Wilenchik
Staff Present: City Manager Don Taylor Assistant City Manager David Harris
Assistant City Manager John Bierschwale City Attorney Michael Spain
City Secretary Brenda Dennis
CALL TO ORDER REGULAR MEETING
Mayor Baldwin called the meeting to order at 6:30 p.m., and thanked everyone for their
cooperation tonight with the EMS department in allowing them to check people's
temperature.
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.
HEARING OF RESIDENTS
Mayor Baldwin recognized the following:
. Christie Bourquin, Interim Schertz Chamber of Commerce President who
announced:
Wednesday, May 20, 2009, 11:30am-l:00pm -"Don't Wait for the Happy Bus;
It Might Not Stop Where You Are At!" This is the title of the Schertz Chamber
of Commerce first "Lunch on the Go" series seminar. Join us at the Schertz Civic
Center, and hear from nationally recognized human relations consultant and
motivational speaker Sidney Hurlbert! Who called your business today that will
never call or come in again because of how they were treated? Understand what
signals you are sending when dealing with others, how they impact your life, and
how to take control of them! Cost for lunch: Members: $7, non-members $20.
RSVP to 210-566-9000, or email.
. Mr. Robert Brockman, 1001 Elbel Road, who addressed the Council regarding
military personnel saluting the flag and the City protecting property assets.
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. Ed. "Grumpy" Azzoz who addressed the Council regarding his disagreement in the
decision of closing the school district.
Discussion and/or Action Items
1. Minutes - Discussion and/or action regarding the approval of the minutes of the
April 21, 2009 regular meeting.
Mayor Baldwin recognized Councilmember Trayhan who moved, seconded by
Mayor Pro-Tern Carpenter to approve the minutes of the Regular Meeting of April
21,2009. Vote was unanimous. Motion Carried.
2. Ordinance No. 09-S-11- SUP 2009-001 - Consideration and/or action upon a
request for a Specific Use Permit for 1.00 acres ofland being of Lot 19, Block 2 of
the Windy Meadows Subdivision to allow the use of Southwest Fire Protection
office/warehouse facility in the General Business-2 zoning district (GB-2) located
at the 144 Windy Meadows Dr. Final Reading (M. Nichols)
Mayor Baldwin recognized Planning Technician Misty Nichols who introduced this
item stating that this commercial lot is affected by the Air Installation Compatible
Use Zone (AICUZ) (APZ-l) and is required to obtain a Specific Use Permit (SUP)
in accordance with the Unified Development Code (UDC). The purpose of the SUP
process for this project is to ensure compatibility with the Randolph AICUZ Study
and that nothing has changed since the first reading.
Mayor Baldwin recognized Mayor Pro-Tern Carpenter who moved, seconded by
Councilmember Scagliola to approve Ordinance No. 09-S-11 final reading. Vote
was unanimous. Motion Carried.
3. Ordinance No. 09-M-12 - Consider an Ordinance 09-M-12 amending City of
Schertz Park Curfew Hours. Final Reading (G. Logan)
Mayor Baldwin recognized Parks and Recreation Director George Logan who
introduced this item stating that action would amend curfew hours for City Parks
from 11 :00 p.m. to 8:00 a.m. to 11 :00 p.m. to 6:00 a.m. and no changes have been
made since the first reading.
Mayor Baldwin recognized Councilmember Trayhan who moved, seconded by
Mayor Pro-Tern Carpenter to approve Ordinance No. 09-M-12 final reading. Vote
was unanimous. Motion Carried.
4. Resolution No. 09-R-23 - Consideration and/or action regarding approval of
Resolution No. 09-R-23 authorizing a Schertz Recreation Center License
Agreement with the Young Men's Christian Association of Greater San Antonio &
The Hill Country (YMCA). (G. Logan)
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Mayor Baldwin recognized Parks and Recreation Director George Logan who
introduced this item stating that staff has negotiated an agreement for the YMCA to
operate the new Schertz Recreation Center. The "Y" is taking care of the day-to-
day maintenance and operations; the City is taking care of the large repairs. Mr.
Logan address Council questions and concerns regarding fees, advertisement of
scholarships, building repair responsibilities and contract length. Mr. Logan
introduced Executive Director Barron Herdelein-Dougherty, Director of Facility
Development Joe Bueno, and Chief Operating Officer Jill Trammel. Mayor
Baldwin recognized Councilmember Trayhan who asked that staff place
information on the website and in the Schertz Tales about how citizens can apply
for discount memberships.
Mayor Baldwin recognized Councilmember Trayhan who moved, seconded by
Councilmember Wilenchik to approve Resolution No. 09-R-23. Vote was
unanimous. Motion Carried.
5. Resolution No. 09-R-24 - Consideration and/or action regarding approval of
Resolution No. 09-R-24 authorizing a Pool Management Contract with the Young
Men's Christian Association of Greater San Antonio & The Hill Country (YMCA)
(G. Logan)
Mayor Baldwin recognized Parks and Recreation Director George Logan who
introduced this item stating staff has negotiated a revised Pool Management
Contract with the YMCA to manage the City's swimming pools for the next five
years. Fiscal impact to the City of $179,878. Mr. Logan addressed questions from
Council and thanked City Attorney Michael Spain, City Manager Don Taylor and
both Assistant City Managers for their assistance in bringing this agreement
forward.
Mayor Baldwin recognized Councilmember Trayhan who moved, seconded by
Councilmember Wilenchik to approve Resolution No. 09-R-24. Vote was
unanimous. Motion Carried.
6. Ordinance No. 09-F-13 - Consideration and/or action regarding amending Exhibit
1 of Ordinance No. 09-F-09 revising the rates for Bexar Waste. First and Final (C.
Spence)
Mayor Baldwin recognized Business Office Manager Carol Spence who stated that
revision of rates paid to Bexar Waste was approved on March 10, 2009. Staff
found incorrect charges and these have since been corrected. The incorrect rates
found were as follows: Roll-off container delivery charge, roll-off relocation or trip
charge, 2 cubic yard compactor, 40 cubic yard compactor and 30 cubic yard open
top (recycle).
Mayor Baldwin recognized Councilmember Fowler who moved, seconded by
Mayor Pro-Tern Carpenter to approve Ordinance No. 09-F-13 first and final
reading. Vote was unanimous. Motion Carried.
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7. Ordinance No. 09-D-14 - Consideration and/or action amending the Code of
Ordinances Section 86-115 speed limits on Wiederstein and Old Wiederstein Roads
to 35mph. First Reading (L. Dublin)
Mayor Baldwin recognized City Engineer Larry Dublin who introduced this item
stating traffic studies were conducted on Wiederstein and Old Wiederstein Roads.
The results deem it necessary (for consistency purposes) to assign a 35 mph speed
limit to the entirety of Wieder stein Road between IH 35 and Cibolo City Limits. It
is also recommended that Old Wiederstein Road speed limit be increased from 30
mph to 35 mph between Cibolo Valley Drive and FM 1103.
Mayor Baldwin recognized Councilmember Wilenchik who moved, seconded by
Councilmember Trayhan to approve Ordinance No. 09-D-14 first reading. Vote
was unanimous. Motion Carried
8. Ordinance No. 09-D-15 - Consideration and/or action amending the Code or
Ordinances Section 86-41 installing stop signs at the intersection of Brook Hollow
Drive and Rolling Brook Lane. First Reading (L. Dublin)
Mayor Baldwin recognized City Engineer Larry Dublin who introduced this item
stating that, for safety reasons, the City's Traffic Safety Advisory Commission
recommends installing a stop sign at the intersection of Brook Hollow Drive and
Rolling Brook Lane making this intersection an all way stop intersection. Fiscal
impact of $104 for cost of signs and labor.
Mayor Baldwin recognized Councilmember Wilenchik who moved, seconded by
Councilmember Trayhan to approve Ordinance No. 09-D-15 first reading. Vote
was unanimous. Motion Carried
9. Ordinance No. 09-D-16 - Consideration and/or action amending the Code of
Ordinances Section 86-41 Stop Intersection Designation. First Reading (L. Dublin)
Mayor Baldwin recognized City Engineer Larry Dublin who introduced this item
stating the Traffic Safety Advisory Commission recommends replacing yield signs
with stop signs in all intersections in the Lone Oak and Deer Haven subdivisions.
Current City practice does not allow for yield signs at intersections. Fiscal impact
of $170 for cost of signs and labor. A notice will be given out to citizens stating
the City will be changing all the signs throughout the City.
Mayor Baldwin recognized Councilmember Wilenchik who moved, seconded by
Councilmember Trayhan to approve Ordinance No. 09-D-16 first reading. Vote
was unanimous. Motion Carried
10. Bid Award Bid # 09-PW-ll-C-OI-West Dietz Creek Drainage Channel- Maske
Road to City Limits - Consideration and/or action awarding a bid to Yantis
Construction Company in the amount of $1,479,020.60. (L. Dublin)
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Mayor Baldwin recognized City Engineer Larry Dublin who introduced this item
stating this project consists of construction of drainage channel improvements, and
water and sewer relocations and is the fourth and final phase of the West Dietz
Creek project. Fiscal impact of $1,479,020 to be paid for from the 2007 Drainage
Bond funds. Cibolo Creek Municipal Authority has agreed to pay for upsizing the
sewer line in the amount of$119,950.
Mayor Baldwin recognized Councilmember Trayhan who moved, seconded by
Councilmember Fowler to award a bid to Yantis Construction Company in the
amount of$1,479,020.60. Vote was unanimous. Motion Carried
11. Green Valley Special Utility District - Report from the City Attorney regarding
the Green Valley Special Utility District. (M. Spain)
Mayor Baldwin recognized City Attorney Michael Spain who reported on
developments with the Green Valley Special Utility District ("GVSUD") regarding
the provision of water for fire protection. The City Attorney and Assistant City
Manager John Bierschwale met with representatives of the City of New Braunfels,
the City of Cibo1o, and GVSUD on April 9, 2009 and negotiated a much-improved
policy regarding GVSUD's fire protection responsibility. On April 16, 2009 the
Board of Directors of GVSUD approved the negotiated policy without changes.
That policy includes the following points:
(1) recognition ofGVSUD's obligation to provide fire flow;
(2) an agreement of GVSUD to endeavor to maintain minimum agreed flow
levels;
(3) an agreement by GVSUD to test its fire hydrants annually and to color code
those hydrants based on the tests in accordance with national standards;
(4) an agreement by GVSUD to establish an annual maintenance program for
all of its fire hydrants;
(5) an agreement that GVSUD will not charge any municipalities or fire
departments for water used during firefighting emergencies and that there
will be no monthly charge or standby fees for availability of firefighting
water;
(6) an agreement that GVSUD will enter into or amend eXIstmg franchise
agreements with the cities of Schertz, Cibolo, and New Braunfels to
incorporate these policies; and
(7) an agreement that, until the above franchise agreements are executed, these
policies cannot be changed without the prior written consent of the cities of
Cibolo, Schertz, and New Braunfels.
On April 20, 2009 (four days after the new policy was approved by the GVSUD board of
directors), the Texas Attorney General's office issued an opinion that concluded that
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entities which are required to provide water flow may determine that their water system is
"unavailable for use" for fire suppression services without imposing any kind of restriction
or objective standard for determining what would cause such unavailability. Such a
determination would allow the water provider to simply conclude that its system/hydrants
are "unavailable" and paint its fire hydrants black or to bag them.
Fortunately, the adoption by GVSUD of its new policy on April 16, 2009 pre-dated the
Attorney General's opinion, and the City Attorney indicated that he does not expect
GVSUD to attempt to retract its new policy in light of the Attorney General's opinion;
however, the City Attorney wants to put the City's Franchise Agreement with GVSUD in
place as soon as possible, and will provide a draft ofthat Franchise Agreement to City staff
this week, with the expectation that it will come to City Council shortly.
EXECUTIVE SESSION
Called under Section 551.071 Litigation, pending litigation; Section 551.072 Texas
Government Code - Deliberation regarding the purchase, exchange, sale, lease, or value
of real property.
Council did not meet.
RECONVENE TO REGULAR SESSION
12. Take any additional action deemed necessary as a result of the Executive Session
No action taken.
Requests and Announcements
13. Requests by Mayor and Councilmembers that items be placed on a future City
Council agenda.
No requests were noted.
14. Requests by Mayor and Councilmembers to City Manager and Staff for
information.
No requests were noted.
15. Announcements by Mayor and Councilmembers
. City and community events attended and to be attended
. City Council Committee and Liaison Assignments (see assignments below)
. Continuing education events attended and to be attended
. Recognition of actions by City employees
. Recognition of actions by community volunteers
. Upcoming City Council agenda items
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Mayor Baldwin recognized Councilmember Fowler who stated he would like to
commend staff for their quick responses to the community regarding the flu issues
within the community.
Mayor Baldwin recognized Councilmember Scagliola who stated that he attended
Commissioners Court today. There was a briefing regarding the flu situation by the
Emergency Management Coordinator, Daniel Kinsey.
16. Announcements by City Manager
. Recognition of City employee actions
. New Departmental initiatives
Mayor Baldwin recognized City Manager Don Taylor who stated he would like to
thank publically Mr. John Bierschwale on the outstanding job he has done to get
information out to the community regarding the flu issues; he also thanked EMS
Director Dudley Wait and his staff.
Mr. Taylor mentioned to mark your calendar for June 7, 2009 for the upcoming
Employee Picnic.
Mayor Baldwin recognized Assistant City Manager David Harris who reminded
those of the upcoming TML Region 7 Meeting Thursday in Devine.
Mayor Baldwin informed Council that House Bill 4273 will substitute House Bill
4826 that provides leverage with the Gonzales County Underground Water District
(GCUWCD). The original bill (House Bill 4826) submitted was opposed by all
Underground Water Districts throughout the state. The Mayor stated the bill will
only effect the issuance of permitting certain projects by the'GCUWCD.
Mayor also mentioned he was interviewed today by the National Public Radio
regarding the flu issues in our community. Schertz was mentioned about 6-8 times.
ADJOURNMENT
As there was no further action, Mayor Baldwin a
\
f'
al Baldwin, Mayor
ATTEST:
GQ~~~
Brenda Dennis, TRMC, CMC City Secretary
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