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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 04-12 -2011 Minutes 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) 04-12 -2011 Minutes Wage - 2 - 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. 04-12 -2011 Minutes Page - 3 - 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. 04-12 -2011 Mu►utes Page - 4 - 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 04-12 -2011 Minutes rage - 5 -