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09-13-2011 MinutesMINUTES REGULAR MEETING September 13, 2011 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on September 13, 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 David Scagliola Councilmember Cedric Edwards Staff Present: City Manager John Kessel City Attorney Michael Spain Mayor Pro-Tem Jim Fowler Councihnember George Antuna Councilmember Michael Carpenter Assistant City Manager John Bierschwale City Secretary Brenda Dennis CALL TO ORDER REGULAR MEETING Mayor Baldwin called the meeting to order at 6:00 p.m, and welcomed everyone.ia attendance. 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 • Presentation/discussion regarding the launch of the Library website (M, iT~hom/J, Takemura) Mayor Baldwin announced that this item has been pulled from the agenda. • Pzesentation/discussion and possible action regarding S.B. 100 (J. Kessel/M. Spain/B. Dennis/S. Basham) xemain in May. ns s au Ms. Dennis stated that election code changes mandated by the Legislature to accommodate military ballots have resulted in an overlap in. May 2012 of the presidential primary runoff election and the regular City elections. To address this overlap, the Legislature has given the City the option to move its 2012 election to November and holdover certain councihnember terms. Ms. Dennis stated tha# she sees no reason to change the elections to November at this time. . Mayor Baldwin recognized Councilmember Cedric Edwards who indicated that it was his understanding that the City had to move their elections to November. Ms. Dennis indicated that Mayor Baldwin recognized City Secretary Brenda Dennis who provided a brief presentation regarding Senate Bill 100. Ms. Dennis stated that both Guadalupe County and Schertz - Cibolo Universal City Independent School District are in agreement that electio h ld 09-13-201T Minutes this was not the case; the concern was counties not having enough equipment to run our May election as well as the overlap of the presidential primary runoff in May. Ms. Dennis indicated that the average cost in May was around $6,SD0 and that the last election we held in November was a hand election and the cost was around $12,000. Councilmember Edwards requested for more information from Ms. Dennis on why it would be beneficial for the City to hold the elections in May. Ms. Dennis reviewed the pros and cons over moving the elections to November rather than May. Ms. Dennis introduced Guadalupe County Elections Administrator Sue Basham who came forward stating her major concern is not the equipment, but rather that the Legislature has created a difficult situation for elections management due to the election on a Saturday in May and the following Monday primaries causing an overload of paperwork and distribution of election materials to different entities. The State is allowing the county to tell their entities that they cannot hold their May elections because of this reason. Ms. Basham also reviewed the pros and cons of May vs. November elections. Mayor Baldwin recognized Councilmember Michael Carpenter who asked Ms. Basham what drives the order of the ballot. Ms. Basham stated that she has the authority to line up the ballot and it is not mandated by law. Ms. Basham also mentioned that at this time she has not seen any entities change to November. Mayor Baldwin recognized Councilmember George Antuna who clarified with Ms. Basham on how the run-off elections and primaries line up with the May elections. Ms. Basham indicated that if all entities hold their elections in May and no one cancels, she would need to rent more equipment and this cost would be passed onto the City. She also mentioned that if the election becomes impossible for her office to handle, she may need to renegotiate with the City regarding the management of elections by her office. However, she is hoping to continue the current procedure. Mayor Hal Baldwin asked for any comments from Council and indicated that this item is posted for possible action and asked Council if they wished to make a decision. City Manager John Kessel indicated that this bill caught many municipalities by suzprise; however, Schertz is uzuque that they are able to work with Guadalupe County and this is why staff is recommending keeping the elections as they are. This is a judgment call and there is no right or wrong answer. Mayor Hal Baldwin questioned when the Cibolo Creek Municipal Authority will be holding their elections. Ms. Basham answered that they have not yet contacted her. Ms. Dennis indicated that we could try to do the election this May and see how it goes and still have the opportunity to pass a resolution before December 2012 to change the election to November. Mayor Baldwin recognized Councilmember Carpenter who mentioned that his concerns were for the future, and how the change would effect upcoming elections. Councilmember Carpenter indicated that he supports the idea of moving our elections to November due to the risks and the possibility of increasing turn out fox City elections regardless of the cons of this action. Mayor Baldwin asked how many polling locations were in Schertz. Ms. Basham indicated that there are currently 12 polling locations in Schertz. The number will increase. By moving the 09-13-2011 Minutes Page - 2 - elections to November and due to the new rules that the County is under because of the _ population being higher than 100,000, the early voting locations would need to be open on weekends as well. Mayor Baldwin recognized Councilmembex Edwards who requested Council have more discussion on this issue, allowing staff to provide more accurate numbers and costs. Ms. Barham indicated that she will be able to provide these costs as soon as she can to Brenda Dennis and the Council and can provide more factual numbers. Mayor Baldwin clarif ed that the City has .until December of 2012 to make the decision; however, the decision is final. If the City opts for November it must stay in November, but if the City opts for a May election, the Charter can be changed to make the election in November at any time. City Manager Mr. Kessel indicated that staff would be providing information from surrounding cities on how they will handle 'the upcoming elections. Mayor Baldwin would like to hear thoughts from the citizens of Schertz regarding their feelings on when the election should be held. Mayor Baldwin recognized Councilmembex Carpenter who asked if we wanted to change the upcoming May election to November, is there a deadline to do this? City Attorney Michael Spain indicated that the Charter would need to be changed, but Mr. Kessel and Councilmember Carpenter disagreed saying that the change could be done by Resolution per the Senate Bill 100. Councihnember Fowler asked who we hold elections with and Ms. Dennis indicated that we hold elections jointly with the School District, the City of Cibolo and the County, and sometimes with Cibolo Creek Municipal Authority. Mayor Baldwin and Council postponed action on this item until more information is available. CITY EVENTS Announcements of upcoming City Events (D. Harris/J. Bierschwale) Mayor Baldwin recognized Assistant City Manager John Bierschwale who announced that Larry Dublin, City Engineer will be retiring on September 30, 20i 1. A retirement celebration is-planned for September 29, 2011. Hearin of Residents Mayor Baldwin recognized the following who spoke: Ms. Maggie Titterington, Schertz Chamber of Commerce President, who addressed the Council and provided a Chamber update, as well as upcoming Chamber events. Ms. Titterington announced that there are now 201 Chamber Members. She also announced that Main Plaza had a soft opening last week. Grand Opening for the area -will be held on October 6, 2011, at 10:00 am. - Mr. Steven Layton, who addressed the Council regarding the recently revised City UDC and its commendable attention to flood issues; however, Mr. Layton indicated that some issues still 09-13-2011 Minutes Page - 3 - need to be addressed. The UDC is not defined enough to indicate to developers where the elevation drop occurs and where flooding could be a concern. Ms. Madison Myers, Kung Jung Mul Sol of Schertz, who addressed the Council and provided information on their upcoming events. Mr. Richard Clifton, Cut N Style Hair Salon, who presented an award to City Police Corporal McGuire for his actions and assistance in saving their business from a professional scam artist. D15CU5slon and/or Action Items 1. Minutes -Consideration and/or action regarding the approval of the minutes of the Joint Meeting of August 29, 2011 and the Regular Meeting of August 30, 2011. Mayor Baldwin recognized Councihnember Edwards who moved, seconded by Mayor Pro- Tem Fowler to approve the minutes of the Joint Meeting of August 29, 2011, and the minutes of the Regular meeting of August 30, 2011. The vote was unanimous. Mofion Carried. 2. Resolution No. 11-R-42 - Discussian/consideration and/or action approving a resolution authorizing an agreement regarding sewer facilities with the City of Schertz, the Schertz- Cibolo-Universal City Independent School District, Croton Properties, LLC, Cygnet Limited, and Fred Development, LLC. (J. Kessel/M. Spain} Mayor Baldwin recognized City Attorney Michael Spain who introduced this item stating that Croton Properties, LLC ("Croton") and Schertz-Cibolo-Universal City Independent School District (the "District') entered into an agreement dated as of September 19, 2008, (the "Croton/District Agreement"), regarding the construction of sewer facilities in the Corbett Middle SchoollCroton Property (defined below) area (the "Sewer Facilities"). Further, the City and the District entered into an Interlocal Agreement dated as of November 4, 2008, regarding the Sewer Facilities and how the District would be reimbursed for the costs associated with construction of the Sewer Facilities. In the Croton/District Agreement, the District granted to Croton, or Croton's successor in title to approximately 139 acres of property owned by Craton (the "Croton Property"), a "right of first refusal" to acquire not more than 1,348 equivalent dwelling units ("EDUs"} of capacity in the Sewer Facilities (the "Croton Property Right of First Refusal"), with such EDUs of capacity to be used only to serve the Croton Property. Croton desires to transfer a portion of the Croton Property Right of First Refusal to property owned by Fred Development, LLC, a Gordon Hartman Company (the "Fred Development Property"). Croton has also entered into a purchase and sale agreement to sell approximately 121.97 acres of the Croton Property (the "Cygnet Property") to Cygnet Limited ("Cygnet"). The transfer of a portion of the Croton Property Right of First Refusal to the Fred Development Property requires the consent of the City, the District, and Croton, and the founder of Cygnet. The City, the District, Croton, Fred Development, and Cygnet desire to enter into an Agreement Regarding Sewer Facilities (the "Agreement") in connection with the transfer of a ~ portion of the Croton Property Right of First Refiasal to the Fred Development Property. The Agreement (1) authorizes the transfer of the right of first refusal to acquire not more than 250 EDUs of capacity in the Sewer Facilities from the Croton Property to the Fred Development 09-13-2011 Minutes Page - 4 - Property; {2) confirms that the property owners will be required to pay the City (which in _ turn will reimburse the District, for which the City will receive a management fee) for the costs associated with construction of the Sewer Facilities; and (3) clarifies the legal description of the Croton Property to include an additional 40 acres of land. Mr. Spain stated action requested of Council enters the City into an agreement with Schertz- Cibolo-Universal City Independent School District, Croton Properties, LLC, Cygnet Limited, and Fred Development, LLC., regarding sewer facilities in the Corbett Middle SchoollCroton Property. Mayor Baldwin recognized Mayor Pro-Tem Fowler who moved, seconded by Gouncilmember Edwards to approve Resolution No. 11-R-42. The vote was unanimous. Motion Carried 3. Appointments/Reappointments/ Resignations relating to Boards and CammissionslCommittees - Consideration and/or action regarding appointments/reappointments/resignotions relating to Boards and Comtnission/Committees. -Appointments of Mr. James R. Webb III and Diana C. Webb to the Historical Commission, Mayor Baldwin recognized Councihnember Scagliola who moved, seconded by Mayor Pro- Tem Fowler to approve the appointment of James Webb and Diana Webb to the Historical Commission. Mr. Antuna requested that the appointees be present during the appointments. The vote was unanimous. Motion carried EXECUTIVE SESSION Called under Section 551.071 Texas Government Code Litigation, pending or contemlilated litigation; Section 551..072 Tegas Government Code -Deliberation regarding the purchase, exchange, sale, lease, or value of real property, or real estate. Council did not meet in Executive .Session. 4. Take any action deemed necessary as a result of the Executive Session. No action taken. Re uests and Announcements 5. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. None were given. b. Requests by Mayor and Councilmembers to City Manager and Staff for information. None were requested 09-13-20J.1 Minutes Page - 5 - 7. 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 Mayor Baldwin recognized Mayor Pro-Tem Fowler who stated he attended the Schertz Housing Authority meeting. He was asked to bring to Council a request to review the Hot Meals Program and the funding for this program and if other cities need to help with the financial responsibilities of providing this service to surrounding areas. Mr. Fowler indicated that he .attended the Commissioner's Court and the vote for redistricting passed. Mr. Fowler also indicated that he attended the San Antonio Austin Growth Summit; he announced that the Formula One Race Track that is being built south of Austin is an impressive development and requests that the City look into these types of developments in the future. Mayor Baldwin recognized Councilmember Scagliola who stated he attended the TML Region 7 Fall Meeting in Pearsall on September 9, 2011. Mayor Baldwin recognized Councilmember Antuna who stated he also attended the San Antonio Austin Growth Summit and announced that Schertz was recognized for the Sysco Development. Councilmember Antuna thanked Chief Covington and the Strike Force Team who went to Bastxop to help fight the wildfires. Councilmember Antuna stated tha# he attended the ground breaking for expansion of the Bright Futures Day Care facility. He stated he also attended the Guadalupe County Commissioner's Court redistricting meetings and that they did not take into consideration the recommendations of the committee. They approved a different zoning map regardless of the different plans the committees presented and the voices of the Iarge representatives from area cities that were present at those meetings. Mayor Baldwin recognized Councilmember Carpenter who announced that he was absent from the past Council meeting due to business travel. In regards to the Commissioner's Court redistricting, Councilmember Carpenter commented that the map that was adopted was created by one individual County Comxnissionex. The map that was prepared by the citizen committee and Commissioner Wolverton were almost one in the same and the Commissioners chose to reject these recommendations. Mayor Baldwin commented that he is disappointed with the Commissioner's Court decision to reject the citizen prepared map. The attempt to get a solid amount of repxesentation for Schertz and CiboIo on the Court failed. The bottom line is that by the time another redistricting occurs in ten years, the City of Schertz will make up 50% of the population of Guadalupe County and we will still only have one representative on the Court. 09-13-2011 Minutes Page - 6 - Mayor Baldwin announced that he also attended the TML Region 7 in Pearsall on September 9, 201 L He also announced that the next meeting will beheld in Schertz. Announcements by City Manager Mayor Baldwin recognized City Manager John Kesel who provided the following information: - Mr. Kesel stated that Jason Mabbitt should be commended for his efforts of stopping to render aid to a stranded motorist on Schertz Parkway. - Mr. Kessel updated the Council on the EMS project. Management has met with the independent auditor regarding the best practices poi~ion review of this project and the City will most likely use Fred Timmons, CPA for this audit that will start in October. - Mr. Kessel requested permission to come back with some real options during the audit regarding the RFQ Process and Council agreed to this request. - Mr. Kessel announced that he has been conducting mini-retreats with Depa~'tment Heads to develop work plans for each department. The first week was focused on Department Vision, the second week will focus on a Strategic Plan for each department. The third session will focus on Department Goals. Work Plan will be discussed during the fourth and final session. These plans will mai~•y with Council's Strategic Plan. - Mr. Kessel will be traveling to the International City Manager's Association Conference in Milwaukee, Wisconsin, Saturday, September 17, through Wednesday September 21, 2011. He also requested Thursday, September 29, tlu'ough Friday September 30, 2011, as vacation. Mr. Kessel announced that he will be attending the Texas Municipal League Conference in Houston, Tuesday, October 11, tlnough Friday October 14, 2011. Mayor Baldwin recognized Assistant City Manager John Bierschwale who announced that the Schertz 4t~' of July Jubilee had an event profit of $6,281.85. Mr. Bierschwale said that a summary will be included in next week's packet. ADJOURNM>CNT As there was no further action, Mayor Baldwin adjourned the meeting at 7:48 p.m. Mayor Ha 'Baldwin ATTEST: Brenda Dennis, TRMC, MMC City Secretary 09-I3-2011 Minutes Page - 7 -