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05-24-2011 MinutesNHNUTES REGULAR MEETING May 24, 2011 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on May 24, 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 Mayor Pro -Tern Michael Carpenter Councilmember David Scagliola Councilmember Cedric Edwards Assistant City Manager John Bierschwale City Attorney Michael Spain 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 A. Resolution No. 11 -R -28 — Consideration and/or action approving the 2011 recipients of the Hal Baldwin Scholarship and resolving other matters in connection therewith. (M. Carpenter/B. Cantu) (Lauren Durnford and Chelsey Evans) Mayor Baldwin excused himself and turned the meeting over to Mayor Pro -Tem Carpenter as he stepped away from the dais to present the scholarship checks. Mayor Pro-Tern Carpenter recognized City Attorney Michael Spain who recognized the following who are also on the Committee: Regina Agee, Steve White, Councilmember Cedric Edwards, Councihnember Michael Carpenter, and Executive Assistant to the City Manager Sarah Gonzalez. Mr. Spain stated on February 10, 2009, the City Council of the City of Schertz, Texas created the Hal Baldwin Scholarship to honor Mayor Hal Baldwin for his many years of public service to the City of Schertz by awarding deserving graduating high school seniors who live in the City of Schertz and desire to pursue a career in public service. The City Council appointed an Advisory Committee to assist the City Council with the scholarship process by recommending potential scholarship winners to the City Council. Action requested of Council approves the recipients of the 2011 Hal Baldwin Scholarship in the amount of $1,000 each. Mayor Baldwin stated it was a unanimous decision to award the scholarships to Lauren Durnford and Chelsey Evans. 05- 24.2011 Minutes Mayor Pro -Tem Carpenter recognized Councilmember Scagliola who moved, seconded by Councilmember Antuna to approve Resolution No. 11 -R -28 awarding the scholarships to Lauren Durnford and Chelsey Evans. The vote was unanimous. Motion carriers: Mayor Baldwin presented the $1000 Scholarship to Lauren Durnford and Chelsey Evans. CITY EVENTS Announcements of upcoming City Events (D. Harris/J. Bierschwale) June 1, 2011, noon to 3 :00 p.m., Workshop Strategic Planning Review with senior management and Council at the Schertz Civic Center "Bluebonnet Room ". • Saturday, June 4, 2011, Reid Smith Benefit will be held at Pickrell Park starting at 3:30 p.m. to 6:00 p.m. - • Wednesday, June 22, 2011, 3:30 p.m. to 6:00 p.m. Welcome Reception for new City Manager John Kessel at the Schertz Civic Center. Hearing of Residents Mayor Baldwin recognized the following: • Mr. Carl Douglas, 2550 Woodland Village Place, who addressed the Council regarding WellMed operating a for-profit organization out of the Senior Center. City Attorney Michael Spain stated that the City does have signed contract with WellMed, he also stated that the City went out for bids for an organization to provide health care services in the facility for our seniors. He stated there is a payment received from WellMed that goes back into the seniors program. • Ms. Nichole Poston, 271 HiIlview Lane, who spoke regarding a complaint against a coach for BVYA. Workshop -- (Discussion by Council to provide guidance to staff) A. Exceptions for Hens — Discussion and possible action regarding the request to keep hens in residential back yard. (Mayor Baldwin/Z. Douglas) Mayor Baldwin recognized City Attorney Michael Spain and Zach Douglas Animal Control Supervisor, who addressed the issue of the hens being kept in a residential back yard. According to the current ordinance Section 14 -32, it is a violation to keep more than five animals of the same species; and Section 14 -118 it is a violation to keep chickens that are not in pens, coops or enclosures, which shall be a distance of at least 50 feet from every building/structure (other than the owner of such fowl) used for sleeping, dining, or living and shall be kept in a sanitary condition and shall also be kept in such a manner as well as be reasonably calculated not to become offensive to neighbors or to the public. 05- 24-2011 Minutes Page - 2- After considerable discussion, Council tasked staff to come up with a workable ordinance and recommendation, working with the City Attorney and possible the HOA. It was also decided that the Daugherty's may at this time keep the hens they have, but put them in a coop until the City can review the ordinance and her request. B. No Parking of Utility Trailers on Streets — Section 86 -149 "No Parking" — Discussion and possible action regarding no parking of utility trailers on public streets. (Council Scagiiola/M. Spain) Mayor Baldwin recognized City Attorney Michael Spain who stated that Councilman Scagliola asked if utility trailers may be parked on residential streets. Section 86- 149(b) of the Code of Ordinances provides in part as follows:... trailer houses, camping trailers, livestock trailers, ...boat trailers, or other trailers shall not be parked, or stored on any city street, right -of -way, alleyway or casement except for temporary parking by a customer in front of a commercial establishment. This shall not restrict the parking of a commercial vehicle for the purpose of loading and unloading.....The answer to Councilmember Scagliola's question is "no "; utility trailers may not be parked on residential streets except for loading or unloading a commercial trailer. Mayor Baldwin removed agenda items 5 & 8 from the consent agenda to be acted on separately. Consent Agenda Action Items Minutes - Consideration and/or action regarding the approval of the minutes of the Regular Meeting of May 17, 2011. 2. Ordinance No. 11 -D -12 — Consideration and/or action approving Ordinance No. I 1 -D -12, No Parking Zone on Borgfeld Road from FM 3009 to Dietz Road city limits and amending the City of Schertz Code of Ordinances revising Section 86 -149, Parking Prohibited; and providing a repealing clause. Final Reading (L. Dublin/S. Willoughby) 3. Ordinance No. II -D -13 — Consideration and/or action approving Ordinance No. I1 -D -13, No Parking Zone on Inglewood Drive between Wayward Pass to Savannah Drive to hours 6 a.m. to 6 p.m. and amending the City of Schertz Code of Ordinances revising Section 86 -149, Parking Prohibited; and providing a repealing clause. Final Reading (L. DubIin/S. Willoughby) 4. Ordinance No. 11 -D -14 — Consideration and/or action approving Ordinance No. 11 -D -14, Permanent speed zone on Fairlawn Avenue, from 30' south of Mineral Springs Road to 167' north of Ashwood Drive, and amending the City of Schertz Code of Ordinances revising Section 86 -115 Maximum Limits Generally on Specific Streets; and providing a repealing clause. Final Reading (L. Dublin/S. Willoughby) 6. Scheduling a June 1, 2011 City Council and Senior Management Workshop Meeting and Cancelling the May 31, 2011 Council Meeting -- Consideration and/or action scheduling a Workshop Meeting on June 1, 2011 and cancelling the May 31, 2011 meeting. (D. Taylor/D. Harris) 05- 24-2011 Minutes Page -3- 7. Refund $2000 back to the General Fund - Consideration and/or action placing the $2000 budgeted for the Hal Baldwin Scholarship back into the General Fund due to the program now being self - funded. (M. Spain/B. Cantu) Mayor Baldwin recognized Councilmember Fowler who moved, seconded by Councilmember Antuna to approve the consent agenda items 1 through 4, 6 & 7. The vote was unanimous. Motion Carried Discussion and /or Action Items 5. Ordinance No. I1 -S -15 — Consideration and/or action approving Ordinance 11 -5 -15 revising the City of Schertz Unified Development Code (UDC) comprised of zoning, subdivision, and other related land use regulations by superseding Ordinance 10 -5 -11. Final Reading (M. Sanchez/M. Spain) Mayor Baldwin recognized Development Services Director Michelle Sanchez who addressed Mayor Pro -Tern Carpenter's concern regarding impervious coverage on swimming pools. Mayor Pro -Tem Carpenter stated that he fully covered this issue last year and again wanted to have the water surface area to be included in the impervious coverage area. After considerable discussion it was recommend using the following language in the ordinance: "Swimming pools shall be included in calculating the maximum impervious cover limitation, unless the swimming pool is equipped with a water overflow- device appropriate for such pool, and only if it drains into any pervious surface, in which case the water surface area of the swimming pool shall be excluded." Mayor Baldwin recognized Mayor Pro -Tem Carpenter who moved, seconded by Councilmember Edwards to approve Ordinance No. 11 -2 -15 with the following change: Swimming pools shall be included in calculating the maximum impervious cover limitation, unless the swimming pool is equipped with a water overflow- device appropriate for such pool, and only if it drains into any pervious surface, in which case the water surface area of the swimming pool shall be excluded. The vote was 3 -2. Councilmembers Fowler and Scagliola voted no due to the change which was included. Motion Carried S. RFQ # 11- ENG- 11 -A -04 for Architectural Design for the Athletic Facilities Project — Consideration and/or action awarding the Architectural Design for the Athletic Facilities Project to Luck Design Team, LLC. (L. Dublin/L. Dublin) Mayor Baldwin recognized City Engineer Larry Dublin who stated that action requested of Council authorizes the City Manager to negotiate a contract with Luck Design Team, L.L.C., for Architectural Design Services for the Athletic Facilities. Mr. Dublin addressed Council's questions. Mayor Baldwin recognized Mayor Pro -Tem Carpenter who moved, - seconded by Councilmember Edwards to approve RFQ # I1- ENG- 11 -A -04 for Architectural Design for the Athletic Facilities to Luck Design Team, L.L.C. The vote was unanimous. Motion Carried 05- 242011 Minutes Page - 4 - 9. Resolution No. 11 -R -29 — Consideration and/or action approving a resolution by the City Council relating to the annexation of approximately 3,310 +/- acres of property east of FM 1518, south of Schaefer Road, and north of I -10. (M. Spain/M. Sanchez) Mayor Baldwin recognized City Attorney Michael Spain who stated that action requested of Council authorizes the start of the annexation process for approximately 3,310 +/- acres of property east of FM 1518, south of Schaefer Road, and north of I -10. Fiscal impact is still being analyzed but will include: Cost of annexation process (engineering and legal and internal staff). The City will collect city taxes on the property after annexation is complete. The City will be responsible for providing City services to the property after annexation. Mr. Spain stated that the first public hearing will be held on June 28, 2010, the second public hearing will be held on July 5, 2011. The first reading of the ordinance will be July 26, 2011, with the final reading of the ordinance on August 2, 2011. Mr. Spain stated he had provided Council with two amendments to the resolution for their review: WIIEREAS, the Land proposed to be annexed is generally undeveloped large tracts, and the City Council'of the City finds that it is in the public interest that such Land be subject to the City's development controls through annexation or development agreements in lieu of annexation as described in Section 5 of this Resolution; and WHEREAS, two areas in the City's extraterritorial jurisdiction are not included in the Land to be annexed and, following this annexation, will be entirely surrounded by the City, and the City Council of the City finds that it is in the public interest to exclude such property from the Land to be annexed because such property is generally already developed and does not present the immediate development concerns represented by the Land to be annexed; and Mayor Baldwin recognized Edwards who moved, seconded by Councilmember Fowler to approve Resolution No. 11 -R -29 with the above additions as stated by the City Attorney. The vote was unanimous. Motion Carried. 10. Appointments/Reappointments/ Resignations to Boards and Commissions /Committees — Consideration and/or action regarding appointments/ resignations to Boards and Commission /Committees. (Mayor /Council) Mayor Baldwin recognized Antuna who moved, seconded by Councilmember Edwards to ratify the resignation of Ms. Amy McBreaty and appoint Mr. Bert Crawford as regular member, filing Ms. McBreaty's unexpired term, and appointing Mr. Gordon Rae as Alternate member of the Planning and Zoning Commission. The vote was unanimous. Motion Carried Mayor Baldwin adjourned into executive session at 7:49 p.m. EXECUTIVE SESSION Called under Section 551.071 Texas Government Code Litigation, pending or contemplated litigation; Section 551.072 Texas Government Code - Deliberation regarding the purchase, 05- 242011 Minutes Page - 5 - exchange, sale, Iease, 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 Mayor Baldwin reconvened into regular session at 8:49 p.m. RECONVENE TO REGULAR SESSION - 11. Take any action deemed necessary as a result of the Executive Session. Mayor Baldwin recognized Mayor Pro -Tem Carpenter who moved, seconded by Councilmember Antuna that having concluded the contract negotiations with Mr. Kessel, move to approve the contract in its final form as Council has reviewed it, and his initial salary at $132,500. The vote was unanimous. Motion carried Mayor and Council congratulated Mr. Kessel stating that they look forward to a long and happy relationship. Requests and Announcements 12. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. No items requested. 13. Requests by Mayor and Councilmembers to City Manager and Staff for information. Mayor Baldwin recognized Mayor Pro -Tem Carpenter who addressed the issue of a citizen serving on two boards. City Manager Don Taylor stated that nothing prohibits someone from serving on two boards as an alternate. Mayor Baldwin stated that as soon as a regular position opens up the Interview Board will move him into that position. Mayor Pro-Tern Carpenter requested that the Interview Board may want to look at this again. Mayor Baldwin recognized Councilmember Edwards who reported 18 wheeled vehicles parking in the lot next to where the Natatorium will be placed. City Engineer Larry Dublin stated that the area where the vehicles are parking is not owned by the City. 14. Announcements by Mayor and Councilmembers Mayor Baldwin recognized Councilmember Scagliola who announced he attended the following last week: • Police memorial ceremony • EMS Extravaganza Mayor Baldwin recognized Councilmember Antuna who stated that he attended the NPO meeting last Wednesday in New Braunfels. 15. Announcements by City Manager 05- 242011 Minutes Page - 6 - Mayor Baldwin recognized City Manager Don Taylor who stepped down from the dias and removed his name plate as "City Manager ". Mr. Taylor stated that this was his last official meeting as the City Manager. Mr. Taylor addressed new City Manager John Kessel stating that he is in for a good time and this is something he is going to enjoy. Mr. Taylor stated that it has been the greatest six years; he has worked with the best Councilmembers during these years and holds the greatest respect for them. He thanked the Mayor and Council for the respect they have shown him in working with him as a team, and know that they will extend that to Mr. Kessel. Mr. Taylor thanked Council and looks forward to working with all in his new capacity as Police Chief. Mayor Baldwin stated that it has been a real honor and experience to work with Mr. Taylor over the past years and looks forward to working with Mr. Kessel and knows that it will be a change. ADJOURNMENT As there was no further action, Mayor Bald ATTEST: \B& da Dennis, TRMC, MMC City Secretary adjourned the meeting at 9:02 p.m. Mayor 05- 24-2011 Minutes Page - 7 -