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05-10-2011 MinutesMINUTES REGULAR MEETING May 10, 2011 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on May 10, 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 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 Plaque presentation to the Heritage Neighborhood Residents (D. Weirtz/Mayor Baldwin) Mayor Baldwin recognized Dean Weirtz, Chair of the Historical Preservation Committee who introduced the following recipients of the "Heritage Neighborhood" designation: - Mr. Pedro Perez, Sr. —212 Lee Street, Designated #1 - Mr. & Mrs. Daniel J. Gembarowski -- 401 First Street, Designated #2 - Mr. Armando Z. Perez — 216 Lee Street, Designated #3 Mayor Baldwin and Mr. Weirtz presented each with a plaque of dedication. Mayor Pro -Tem Carpenter arrived at 6:30 p.m. Book presentations: The Nature Within — Crescent Bend Nature Park and Crescent Bend Nature Park — Birds & Habitat by C.A. Mallard (G. Logan) Mayor Baldwin recognized Parks & Recreation & Community Services Director George Logan who introduced Ms. Ann Mallard, Author of "The Nature Within — Crescent Bend Nature Park and Crescent Bend Nature Park — Birds & Habitat ". Ms. Mallard presented Council signed copies of "The Nature Within — Crescent Bend Nature Park and Crescent 0510 -2011 Minutes Bend Nature Park — Birds & Habitat ". Mr. Logan stated that all the pictures were taken at Crescent Bend Nature Park and appreciated all the work that Ms. Mallard had done. He stated that she has generously provided all this information for the City to use on our Web page; and will be available through our Crescent Bend QR Code Program for a virtual trail system which will be posted in the Park. He stated what this means is that once individuals view the information on -line many will be coming to the park to look for these birds. Ms. Mallard thanked the City for the reality of the park and the opportunity; Ms. Mallard thanked everyone involved in maintaining the park. Mr. Logan stated that the books are available at our local "Wild Birds Unlimited" off FM 3009 and on her website. Mayor and Council thanked Ms. Mallard for her generous donation and work on the books. PROCLAMATION • Public Works Week Mayor Baldwin read and presented the proclamation to the Public Works Department. Mayor and Council thanked the department for all they do. • Public Works Department update /presentation (S. Willoughby) Mayor Baldwin recognized Public Works Director Sam Willoughby, Public Works Superintendent Jim Hooks, and Business Office Manager Carol Spence who provided information regarding the duties, responsibilities, and activities of the Public Works Department and their respected areas. Mayor and Council again thanked the departments for what they do for the City. Mayor Baldwin stated that he would like to have Public Affairs Director Brad Bailey come forward for a special presentation. Mayor Baldwin stated that recently Mr. Bailey received an "Award of Merit" (El Bronce Award) from the Public Relations Society of America. The award read "to B. E. Bailey, Schertz Public Affairs Director and Publisher of Schertz Magazine" for Unconventional Marketing and Public Relations. This award was presented at the 2011 Del Oro Awards Ceremony in San Antonio on May 5, 2011. Hearing of Residents Mayor Baldwin recognized the following: • Mr. Randy Taylor, 517 Cedar Trail, who spoke regarding renovations at the Blue Ridge Center and the problems he is having, requesting Council assistance. Mayor Baldwin and City Manager Don Taylor stated that staff will be setting up a meeting with him to go over the plans and answer the questions Mr. Taylor had. Mayor Baldwin recognized Ms. Maggie Titterington, President, Schertz Chamber of Commerce (SCOC), who provided information regarding the proposed amendments to the Schertz Chamber of Commerce lease agreement. 05 -10 -2011 Minutes Page - 2 - • Robert Brockman, 1000 Elbel, who spoke regarding the duplicate traffic signals on 1H 35 & FM 3009. Assistant City Manager John Bierschwale stated that TxDot is replacing the old signals and once the new ones are on -line the old would be removed. Discussion and /or Action Items Minutes - Consideration and/or action regarding the approval of the minutes of the Special Meeting of May 2, 2011 and the Regular Meeting of May 3, 2011. Mayor Baldwin recognized Mayor Pro -Tem Carpenter who moved, seconded by Councilmember Edwards to approve the minutes of the Special Meeting of May 2, 2011, and the Regular Meeting of May 3, 2011. The vote was 4 -1 with Councilmember Fowler abstaining. Motion carried. 2. Ordinance No. 117S -11 - Conduct a public hearing and consideration and/or action on a request to rezone approximately 23.72 + /- acres of land from Single Family Residential/Agricultural District (R -A) to Manufacturing District Light (M -1) and General Business District (GB). The property is more specifically described as a portion of the Richard Mockert Survey No. 316, Abstract No. 497, County Block 5064, City of Schertz, Bexar County, Texas, generally located on Lower Seguin Road approximately 1246 feet east of Loop 1604. First Reading (M. Sanchez/M. Sanchez) Mayor Baldwin recognized Development Services Director Michelle Sanchez who stated that action requested of Council approves rezoning of approximately 23.72 +/- acres of land from Single Family ResidentiallAgriculturaI District (R -A) to Manufacturing District Light (M -1) and General Business (GB). The property is generally located on Lower Seguin Road approximately 1246 feet of Loop 1604. Ms. Sanchez stated that the Planning and Zoning Commission approved this at their meeting Wednesday, April 27, 2011, with a recommendation to forward to City Council for approval. Mayor Baldwin opened the public hearing and recognized the following: Ms. Betty Tate, 7905 Tate Drive, who asked questions regarding the development and how it would affect drainage, but was not opposed to the zone change. As no one else spoke, Mayor Baldwin closed the public hearing. Mayor Baldwin recognized Councilmember Edwards who moved, seconded Mayor Pro - Tem Carpenter to approve Ordinance No. 11 -S -11 first reading. The vote was unanimous. Motion Carried. 3. Resolution No. 11 -R -27 -- Consideration and/or action approving a resolution authorizing an Interlocal Agreement among the City of Schertz, the City of Cibolo, and SCUCISD to provide police support to SCUCISD. (J. Bierschwale/M. Spain) Mayor Baldwin recognized Assistant City Manager John Bierschwale and City Attorney Michael Spain who stated that action requested of Council approves an Interlocal Cooperation Agreement to provide the following: - Police services to SCUCISD Schools 05 -10 -2011 Minutes Page - 3 - - An on- campus police officer at Samuel Clemens High School and patrol for the remaining schools within the limits of Schertz. Fiscal impact of approximately $150,000 to be reimbursed by the school district. Mr. Bierschwale addressed questions from Council. Mayor Baldwin recognized Councilmember Edwards who moved, seconded by Mayor Pro - Tem Carpenter to approve Resolution No. 11 -R -27. 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. Mayor Baldwin reconvened into regular session at 9:55 p.m. RECONVENE TO REGULAR SESSION 4. 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 pursuant to the work the Council has been doing the last several weeks, he moves to offer the position of City Manager for the City of Schertz to Mr. John Kessel effective on or about June 1, 2011 and pending finalization of contract negotiations. The vote was unanimous. Motion Carried. Requests and Announcements 5. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. Mayor Baldwin recognized Councilmember Cedric Edwards who requested Council revisit the Schertz Chamber amended agreement and wants this placed on the next agenda. Councilmember George Antuna stated that they had agreed to revisit this after the new City Manager had been hired. 6. Requests by Mayor and Councilmembers to City Manager and Staff for information. Mayor Baldwin recognized Councilmember David Scagliola who asked for the following information: - Status and update regarding the gang activity in NorthCliffe, City Manager Don Taylor stated that the Police Department is aware of the problem and they have stepped up patrols. 05 -10 -2011 Minutes Page - 4 - Was the City going to have a Town Hall meeting regarding the waterline going in at Aviation Heights? City Manager Don Taylor stated that he talked with the HOA President and provided him information on completion dates. City Engineer Larry Dublin stated that they could have a meeting, but by the time it was scheduled the project would be completed. Will the City be meeting with Mr. Larry Taylor regarding the Blue Ridge Center project? City Manager Don Taylor stated that they have had several meetings with Mr. Taylor regarding his project and that he wants to deviate from the requirements of the UDC, but that he and staff would be setting up another meeting to assist in his questions. 7. Announcements by Mayor and Councilmembers Mayor Baldwin recognized Councilmember Scagliola who announced he attended the following last week: • Schertz Sweetheart Pageant on Thursday, May 5, 2011, • Groundbreaking ceremony at the Merritt Lakeside Village on Thursday, May 5, 2011 • Attended the New Braunfels Sanger Wine Fest this weekend where the City of Schertz was center stage. He mentioned that they had rented our stage for their festival this past weekend and thanked the Facilities Department for setting it up and taking it down for them. Mayor Baldwin recognized Councilmember Cedric Edwards who stated that he wanted to give credit where credit was due to the Police and EMS Department as there has been a tremendous amount of activity in Schertz recently; he wanted to particularly give credit to the staff that supports both the departments. He stated that the wanted again to give credit where credit was due to Councilmember Jim Fowler for receiving his Bachelor of Art in Biblical Theology. Councilmember Edwards read the following: "The Administration Faculty of 2011 request the honor of your presence at the Baptist University of the Americas Commencement Ceremony, Saturday, May 14a' at 2:00 p.m., Trinity Baptist Church on 319 East Mulberry Avenue ". Councilmember Edwards stated that Councilmember Fowler is graduating once again. Mayor and Council congratulated Mr. Fowler on his accomplishment. Mayor Baldwin announced the following: An Open House public meeting is scheduled regarding the expansion from two lanes to four on Loop 1604, from Lower Seguin Road to 11135 on Monday, May 16, 2011 at the Judson Middle School Cafeteria, 9695 Schafer Road, 5 to 7 p.m. Mayor Baldwin congratulated Mr. John Kessel on being named the new City Manager based upon contract negotiations and also wanted to thank Assistant City Manager John Bierschwale for his years of service to the City of Schertz and the fact that he and Mr. Kessel were both the strongest candidates out of the 55 candidates they had received. Mayor Baldwin again stated he wanted to thank Mr. Bierschwale, that the City could not 05 -10 -2011 Minutes Page - 5 - have gotten where they are today without him, and that the Council agrees with their decision as to the City having a strong, young, and energetic team of John Kessel, John Bierschwale and David Harris taking the reins and running the City and look forward to great things out of the three of them. Mayor Baldwin announced the following: Sunday, May 22, 2011, at the Schertz Civic Center Social Hour 6:00 p.m., dinner at 7:00 p.m., Fiesta Theme "Schertz EMS" which winds up EMS week. Mayor Baldwin stated that EMS week starts May 15 through May 215`. Mayor Baldwin recognized EMS Director Dudley'Wait who provided the following: • May 15, 2011, the 2011 Schertz EMS Golf Tournament will be held at Olympia Hills Golf and Conference Center, Universal City with a shotgun start at 1:00 p.m. Player fees are $60 per person or $240 for a team of four. Money raised helps fund community outreach programs as well as the Bobbie Dilworth Scholarship Fund. May 16th through May 20a', Schertz EMS will visit area elementary schools to tell - students about safety and show them EMS ambulances. May 17a' Schertz HEB Night Out from 4:00 p.m. to 8:00 p.m. at the supermarket Schertz EMS partners with HEB to show kids and adults the inside of an ambulance. The event ends on May 20 with a free EMS extravaganza at the Forum at Olympia Parkway parking lot. Please visit the City's website for more details. 8. Announcements by City Manager Mayor Baldwin recognized Assistant City Manager David Harris who stated the City has been receiving several calls from people in the Laura Heights Subdivision, including real estate agents, current and prospective homeowners asking when the City of Schertz will begin the process of realigning this subdivision and the surrounding areas from East Central Independent School District to the Schertz - Cibolo- Universal City Independent School District. Mr. Harris stated a letter will be going out to the sales and real estate agents, and prospective buyers, that the City of Schertz does not control this process, and that this process is handled by the school districts which, as you are aware, are separate political entities from the City. Mr. Harris also stated that in the newspaper recently there was an article on Comal and Guadalupe County starting a Metropolitan Planning Organization (MPO). Specifically the cities of New Braunfels and Sevin are looking to start the MPO, community kick off meeting is scheduled for May 12 . Mr. Harris stated that the Cities of Schertz and Cibolo are part of the San Antonio MP 0, but just to be aware that this is going on, that he will be double checking to make sure this will not be affecting our status with the San Antonio MP 0. /q la [$I" ►1►� I �l►11 tl As there was no further action, Mayor Baldwin djourned the meeting at 10:10 p.m. l ayor Baldwin 05 -10 -2011 Minutes Page - 6 - ATTEST: 2 Brenda Dennis, TRMC, MMC City Secretary 05 -10 -2011 Minutes Page - 7 -