04-12-2011 MinutesMINUTES
REGULAR MEETING
April 12, 2011
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on April
12, 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
Councilmember Jim Fowler
Councilmember George Antuna
Staff Present: City Manager Don Taylor
Assistant City Manager David Harris
City Secretary Brenda Dennis
CALL TO ORDER REGULAR MEETING
Mayor Pro -Tern Michael Carpenter
Councilmember David Scagliola
Councilmember Cedric Edwards
Assistant City Manager John Bierschwale
City Attorney Michael Spain
Deputy City Secretary Cynthia Raleigh
Mayor Baldwin called the meeting to order at 6:02 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.
NEW EMPLOYEE RECOGNITION
Introduction of new employees in the Economic Development
• Formal Introduction of Mr. John Kessel, Schertz Economic Development Director (D.
Harris)
Mayor Baldwin recognized Assistant City Manager David Harris who introduced Mr. John
Kessel, the new City of Schertz Economic Development Director.
PRESENTATIONS
• Proclamation National Library Week (Mayor Baldwin)
Mayor Baldwin recognized Library Director Gail Douglas and presented Ms. Douglas with
a proclamation.
• Library Presentation and update (G. Douglas/M. Uhlhorn)
Mayor Baldwin recognized Library Director Gail Douglas, Library Manager Melissa
Uhlhorn, Adult Services Librarian Lizzi Blas6, and Youth Services Librarian April Toman
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who provided a brief report regarding the on -going activities of the Library answering
questions from Council.
• Guadalupe County Children's Advocacy Center Report — Consideration and/or action
accepting the Guadalupe County Children's Advocacy Center Report. (J. Bierschwale/P.
Marsh)
Mayor Baldwin recognized Executive Director Paul Marsh who stated that each year the
City of Schertz Financially supports the Guadalupe County Children's Advocacy Center.
Mr. Marsh provided a brief report regarding the Center answering questions from Council.
• Schertz Sweetheart Court presentation of the Fiesta Medals (B. Bailey)
Mayor Baldwin recognized Public Affairs Director Brad Bailey who introduced Miss
Schertz, Nicole Elliot and Miss Friendly City, Mia Lopez of the Sweetheart Court who
presented Council, staff, and those present with a Fiesta Medal officially opening Fiesta.
The Sweetheart Court will participate in the Fiesta Flambeau Parade on Saturday, April 16,
2011.
Hearina of Residents
Mayor Baldwin recognized the following:
• Mr. Tim and Sharlene Fey, 6028 FM 482, New Braunsfels who briefed the Council
regarding the possible pending TCEQ air permit for a new rock crushing facility that would
be located in the Schertz City Limits.
• Ms. Maggie Titteringfon, Schertz Chamber of Commerce President, who briefed the Council
on the upcoming Chamber of Commerce activities.
• Ms. JoAnne Stoll and Ms. Ange Long, 4053 Brook Hollow Drive, who thanked City Staff
on the quick response regarding teen drug issues in the Wynnbrook Subdivision. City
Manager Don Taylor stated that the police department continues to monitor the area.
Mayor Baldwin left the dial and turned the meeting over to Mayor Pro -Tem Carpenter.
Consent Agenda Action Items
1. Minutes - Consideration and/or action regarding the approval of the minutes of the Regular
Meeting of March 29, 2011.
2. Ordinance No. 11 -E -08 — Consideration and/or action approving an ordinance cancelling the
May 14, 2011 City's General Election. Final Reading (B. Dennis/M. Spain)
3. Hillbrook Waterline Project — Consideration and/or action approving the purchase of a 50-
foot strip containing 2.422 acres utilizing the Community Development Block Grant
(CDBG). (D. Harris /S. Willoughby)
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4. Resolution No. 11 -R -22 — Consideration and/or action approving a resolution setting the first
day of Spring each year as "Employee Remembrance Day ", honoring certain retired and
active duty employees who have passed away, and repealing Resolution No. 96-R -07. (B.
Cantu/M. Spain)
Mayor Pro -Tern Carpenter recognized Councilmember Cedric Edwards who moved,
seconded by Councilmember David Scagliola to approve the consent agenda items 1 through
4. The vote was unanimous. Motion carried
Discussion and/or Action Items
S. Ordinance No. 11 -A -09 — Consideration and/or action approving Ordinance No. 11 -A -09
regarding the annexation of approximately 431.79 +/- acres of property east of FM 1518,
south of RAF Burnette, and north of Lower Seguin Road, all in Bexar County, Texas. First
Reading (M. Spain/M. Spain)
Mayor Pro -Tem Carpenter recognized City Attorney Michael Spain who stated that action
requested of Council approves the first reading of an ordinance on annexing approximately
431.79 acres of property east of FM 1518, south of RAF Burnette, and north of Lower
Seguin Road. The annexed property will be added to the tax rolls and the city will be
responsible for providing municipal services to that property. Staff recommends approval.
Mayor Pro-Tern Carpenter recognized City Attorney Michael Spain who stated that the
final reading of the ordinance will be next week and he will be providing a revised
ordinance reducing the acreage amount due to development agreements received.
Mayor Pro -Tem Carpenter recognized Councilmember Fowler who moved, seconded by
Councilmember Scagliola to approve Ordinance No. 11 -M -09 first reading. The vote was
unanimous. Motion Carried.
Mayor Baldwin returned to the dias.
b. Ordinance No. 11 -M -06 — Consideration and/or action approving an Ordinance amending
the Code of Ordinances of the City by amending Chapter 34, Health, Article IV, Smoking in
Public Places. First Reading (J. Bierschwale/M. Spain)
Mayor Baldwin recognized City Attorney Michael Spain who introduced this item stating
that action approves amending Chapter 34, Health, Article IV, Smoking in Public Places by
prohibiting smoking in specified outdoor areas within the City. The term "public place"
includes areas within twenty -five feet (25') of the exterior of any public entrance or public
exit from any City facility and shall include any fenced area or otherwise enclosed
recreational facility within twenty -five (25') outside of such fenced or enclosure. If the
recreation facility is not fenced or otherwise enclosed, the recreational facility areas shall
include all areas within twenty -five (25') of each item of athletic, play, or recreational
equipment.
Mayor Baldwin recognized Councihnember Carpenter who moved, seconded by
Councilmember Fowler to approve Ordinance No. 11 -M-06 first reading. The vote was 4 to
1, with Councilmember Edwards voting Nay. Motion Carried.
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7. Resolution No. 11 -R -24 — Consideration and/or action approving a resolution authorizing an
amendment to the Declaration of Restrictive Covenant and Development Agreement relating
to Merritt Lakeside Senior Village. (M. Sanchez/M. Spain)
Mayor Baldwin recognized Development Services Director Michelle Sanchez and City
Attorney Michael Spain who introduced this item stating that action approves an amendment
to clarify the Development Agreement approved by the City on January 4, 2011 relating to
the required parking spaces at the Merritt Lakeside Senior Village as requested by the
developer's finance company. Changes entail attaching the final approved site plan and other
clarifications to the agreement.
Mayor Baldwin recognized Councilmember Scagliola who moved, seconded by
Councilmember Fowler to approve Resolution No. 11- R -24.' The vote was unanimous.
Motion carried.
Mayor Baldwin adjourned into executive session at 7:20 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 —
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 and the Police Chief.
Mayor Baldwin reconvened into regular session at 8:57 p.m.
RECONVENE TO REGULAR SESSION
8. Take any action deemed necessary as a result of the Executive Session.
Mayor Baldwin recognized Mayor Pro -Tem Carpenter who moved, seconded by
Councilmember Fowler that in connection with Chief Starr's resignation and retirement
moves to approve a City standard severance agreement with Chief Starr providing six -
months of salary and continued health coverage through the end of 2011, and thanked him
for his service. The vote was unanimous. Motion carried.
Requests and Announcements
9. Requests by Mayor and Councilmembers that items be placed on a future City Council
agenda.
Mayor Baldwin recognized Councilmember Antuna who requested a resolution be written
concerning the City's support for stricter standards regarding air pollution caused by rock
crushing quarries.
Mayor Baldwin requested that a presentation be made regarding the upcoming Guadalupe
County redistricting.
10. Requests by Mayor and Councilmembers to City Manager and Staff for information.
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No requests.
11. Announcements by Mayor and Councilmembers
Mayor Baldwin recognized Councilmember Scagliola who stated he has received emails
thanking the City for their participation in the Teen Court program and expressed his
personal appreciation for the program. Councilmember Scagliola also stated that he
attended the Schertz Sweetheart preliminary meeting and that currently we have 14
contestants for the event. He also attended a Schertz Chamber of Commerce Ribbon
Cutting for Blimpie Subs, the TML Region 7 Meeting in Bandera, and the YMCA Dinner.
Mayor Baldwin recognized Councilmember Fowler who stated he attended the YMCA
Dinner and the Hal Baldwin Scholarship Golf Tournament. He also attended the Schertz
Housing Authority meeting and reported that they are having foundation and asbestos
issues on the property and are working to alleviate the issues.
Mayor Baldwin recognized Councilmember Antuna who thanked all the City staff for their
work on the Hal Baldwin Scholarship Golf Tournament. He also stated that he attended the
Schertz Cibolo Lions Club Casino Night Fundraiser and thanked John Bierschwale and
Councilmember Cedric Edwards on the work they did to make the night a success.
Mayor Baldwin thanked City staff and all who contributed to the success of the Hal
Baldwin Scholarship Golf Tournament.
12. Announcements by City Manager
Mayor Baldwin recognized City Manager Don Taylor who announced that the Police
Department Detectives have worked hard on a recent criminal case and have received
ruling from the judge on a conviction regarding the case. Mr. Taylor also reported that
Assistant City Manager David Harris has been elected as Director at Large for the Texas
City Management Association.
Mayor Baldwin recognized Assistant City Manager David Harris who announced that New
Braunfels Utilities and City Public Service are looking into installing new sub - stations in
the City and just outside of the City.
ADJOURNMEENT
As there was no further action, Mayor Baldwin djourned the meeting at 9:12 p.m.
ayor B a win
ATTEST:
G 4 Raleigh, D uty 'ty Secretary
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