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03-20-2012 MinutesMINUTES REGULAR MEETING March 20, 2012 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on March 20, 2012, 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 Cedric Edwards Staff Present: City Manager John Kessel Executive Director Brian James Chief of Staff Bob Cantu CALL TO ORDER REGULAR MEETING Mayor Pro -Tem David Scagliola Councilruember George Antuna Councilmember Michael Carpenter Executive Director David Harris Executive Director John Bierschwale City Attorney Michael Spain Deputy City Secretary Cynthia Raleigh Mayor Baldwin called the meeting to order at 6:05 p.m. and welcomed everyone in 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 the State of Texas. City Events Announcements of upcoming City Events (D. Harris/J. Bierschwale) • Today, March 20, 2012, the City held the 16'h Annual Employee Remembrance Day Celebration at the Public Works Facility. • March 22 - 23, 2012, 46a` Annual Texas Legislative Conference, New Braunfels Civic Conference Center • March 23,2012,12:30 p.m., SCUCISD Education Foundation Golf Tournament, Olympia Hills Golf & Conference Center. • March 23, 2012, 10:00 a.m. to 3:00 p.m., Intelligence Career Job Fair, at the Schertz Civic Center. Presentation • TxDOT Presentation on traffic light modifications of the new signal operations at FM 78 and FM 3009. (D. Harris /S. Willoughby) 03 -20-2012 Minutes Mayor Baldwin recognized Ben Englehart, Texas Department of Transportation Area Engineer, and Traffic Engineer Judith Friesenhahn. Mr. Englehart provided a brief presentation regarding new signal operations at FM 78 and FM 3009. Some of the highlights included: o A dual left hand turn signal will be turned on during peak traffic hours, Monday — Friday between the hours of 3:30 p.m. and 7:00 p.m. o Timeframe will be confirmed or adjusted according to confirmation of shift changes at Randolph Air Force Base and observation of queue lengths at the intersection. o The planned start date of the new signal operations is Wednesday, March 28, pending Union Pacific Railroad necessary cable work, radar advance detection equipment programming, and new signal operations equipment programming. o Signals will also change to a solid green light instead of red flashing light during times of train passing. o All signals on FM 78 between Randolph Air Force Base and FM 1103 will be operating according to coordinated plans in both the morning and the evening peak periods to help the flow of traffic along FM 78. The information regarding this signal improvement will be placed in the Northeast Herald as well as the City website. Mr. Englehart indicated that he is also continuing to work on plans to improve the FM 1103 and 1113 S intersection in the City of Schertz. • Development Services Department Update (B. James/M. Sanchez) Mayor Baldwin recognized Development Services Director Michelle Sanchez who provided a briefing regarding the Development Services department and answered questions from Council. Highlights included: • Introduction of Development Services staff members • Description of responsibilities, functions, and responsibilities of the department • Current and completed projects • Marshal Services Department Update (J. Bierschwale/B. Todd) Mayor Baldwin recognized Marshal Beverly Todd who provided a briefing regarding the Marshal's Office and answered questions from Council. Highlights included the following: • Introduction of Marshal Services staff members • Description of responsibilities, functions, and responsibilities of the department • An overview of the department's challenges, opportunities, weaknesses, and strengths • Current and completed projects 03 -20 -2012 Minutes • FY 2010 -11 Comprehensive Annual Financial Report (CAFR). (J. Kessel/J. Santoya & D. Fraser). Mayor Baldwin recognized Debbie. Fraser of Armstrong, Vaughn and Associates, who provided a briefing regarding the FY 2010 -11 Comprehensive Annual Financial Report for the City. Councilmembers Edwards and Carpenter left the meeting at 6:45 p.m. Hearing of Residents This time is set aside far any person who wishes to address the City Council. Each person should fill out the speaker's register prior to the meeting. Presentations should be limited to no more than 3 minutes. Discussion by the Council of any item not on the agenda shall be limited to statements of specific factual information given in response to any inquiry, a recitation of existing policy in response to an inquiry, and/or a proposal to place the item on a future agenda. The presiding officer, during the Hearing of Residents portion of the agenda, will call on those persons who have signed up to speak in the order they have registered. Mayor Baldwin recognized the following who spoke: • Carl Douglas, 2550 Woodland Village Place, who addressed Council indicating that he has owned a Pulte home for over ten years. He informed Council that his neighborhood has not had any problems associated with other Pulte subdivisions. Any issues that homeowners had in the beginning; the builder complied with the requests and rectified the issues. Pulte completely complied with the City's building codes and inspection codes. He has a vested interest in his home and he does not want to see a loss of market value in Pulte Homes. + Mr. Steve Layton, 12213 Lost Meadows, who addressed Council on the Crescent Bend Nature Park website, and commented that emails to the City are being blocked by the City's spam filter Mail Armory and are not getting to the appropriate departments. Mr. Layton also commented on his concerns regarding drainage problems on FM 1518. + Brenda Ott, 18780 IH 35 North, who invited Council to an upcoming community service event, April 14, 2012 from 8:00 a.m. to 12:00 p.m. at Pickrell Park. The event will benefit the. City through beautification of the Park. Ms. Ott that there will be refreshments served and a raffle for those who volunteer. • Faye Touve, 5213 Brookline, who thanked City Manager John Kessel for their recent meeting. Mrs. Touve also addressed her concern that Mr. Kessel stated that consumer protection is not the job of the City. 03 -20 -2012 Minutes • Tricia Mattison, Home Owners for Better Building, who addressed Council regarding the issues of homeowners in the Fairhaven subdivision. • Janet Ahmad, Home Owners for Better Building, who addressed Council regarding the issues of homeowners in the Fairhaven subdivision. Consent Agenda The Consent Agenda is considered to be self-explanatory and will be enacted by the Council with one motion. There will be no separate discussion of these items unless they are removed from the Consent Agenda upon the request by the Mayor or a Councilmember. 1. Minutes - Consideration and/or action regarding the approval of the minutes of the Regular Meeting of March 13, 2012. 2. CAFR FY 2010 -11 - Consideration and/or action regarding the FY 2010 -11 Comprehensive Annual Financial Report (CAFR). (J. Kessel/ J. Santoya & D. Fraser) Utility Billing Revenue Adjustments — Consideration and/or action approving the Utility Billing Revenue Adjustments (Write- Offs). (J. Bierschwale /C. Spence). 4. EMS Contractual and Accounts Receivables Adjustments — Consideration and/or action approving the EMS Contractual adjustments. (J. Bierschwaie/D. Wait). Mayor Baldwin recognized Mayor Pro -Tern Scagliola who moved, seconded by Covncilmember Fowler to approve the consent agenda items 1, 2, 3, and 4. The vote was unanimous. Motion carried. Discussion and/or Action Items S. Ordinance No. 12 -S -06 - Consideration and/or action approving an ordinance to rezone 37.325f acres of land from General Business (GB) to General Business -2 (GB -2). The property is more specifically described as a portion of the Toribio Herrera Survey, Abstract No. 153, City of Schertz, Guadalupe County, Texas, generally located at the intersection of FM 1518 and Maske Road. Final Reading (B. James/M. Sanchez) Mayor Baldwin recognized Development Services Director Michelle Sanchez, who briefed the Council regarding the proposal to rezone approximately 37.325 acres of land from GB to GB -2 and the issues regarding obtaining approval from Randolph Air Force Base to continue with the adoption of the Ordinance. Ms. Sanchez advised Council that a letter of approval from Randolph Air Force Base was received on March 20, 2012. Mayor Baldwin recognized City Attorney Michael Spain who outlined the specifics of the letter and the concerns of staff in regards to the request by Randolph A.F.B. and answered questions from Council. Due to the time constraints with the rules of the City 03 -20 -2012 Minutes Charter and the need to act within sixty -days of the first reading, and since this is the last Council meeting before the expiration of this time period, Mr. Spain recommended that Council re -adopt the Ordinance on the first reading to allow staff more time to meet with Randolph A.F.B. to clarify their requests and reach the goals of both the City and R.A.F.B. As the Council had more questions, Executive Director Brian James and Mr. Spain continued to answer and clarify the requests of R.A.F.B. and the concerns of the City. The following caption was read into record: ORDINANCE NO. 12 -S -06 BY THE CITY COUNCIL OF THE CITY. OF SCHERTZ, TEXAS AMENDING THE OFFICIAL ZONING MAP ORDINANCE 11 -S -15 BY REZONING APPROXIMATELY 37.325f ACRES OF LAND FROM GENERAL BUSINESS DISTRICT (GB) TO GENERAL BUSINESS DISTRICT DISTRICT -2 (GB -2) KNOWN AS CAMARGO SUBDIVISION. THE PROPERTY IS MORE SPECIFICALLY DESCRIBED AS A PORTION OF THE TORIBIO HERRERA SURVEY, ABSTRACT 153; GENERALLY LOCATED ON THE SOUTHEAST CORNER OF FM 1518 AND MASKE ROAD; PROVIDING A REVERSIONARY CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE Mayor Baldwin recognized :Mayor Pro -Tem Scagliola who moved, seconded by Councilmember Fowler to re -adopt Ordinance 12 -S -06 on first reading. The vote was unanimous. Motion carried. Mayor Baldwin moved into Executive Session at 7:31 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, exchange, sale, lease, or value of real property, or real estate, Councilmemhers Edwards and Carpenter returned at 8:00 p.m, Mayor Baldwin reconvened into regular session at 8:01 p.m. 6. Take any action deemed necessary as a result of the Executive Session. No action taken. Requests and Announcements 03 -20 -2012 Minutes 7. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. None requester. 8. Requests by Mayor and Councilmembers to City Manager and Staff for information. No information requested. 9. Announcements by Mayor and Councilmembers • City and community events attended and to be attended • City Council Committee and Liaison Assignments • 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 Scagliola who attended the following events: o The Schertz Chamber of Commerce Luncheon that was held today at 11:30 a.m. in the Civic Center. Mayor Baldwin recognized Councihnember Antuna who announced that Guadalupe County Judge Wiggins has committed to submitting a letter of resignation on Monday, March 26, 2012. After the resignation, the Judge Pro Tem, Kyle Kutscher, will become acting Judge. Mayor Baldwin recognized Councilmember Edwards, who proudly wore his Schertz shirt at Disney World during his vacation last week. He thanked the Council for taking care of business for him while he was out of town. Mayor Baldwin recognized Councilmember Carpenter, who informed Council that during his absence from the Council meeting this evening,. he attend the Guadalupe Valley Electric Cooperative District 9 Meeting. Elections were -held for District 9 Board of Directors this evening and Incumbent Dr. Tom Dekunder was elected as the Director, winning with 34 votes to 17 votes to contender Councilman Cedric Edwards who also ran for the position. Mayor Baldwin recognized Councilmember Fowler, who announced that he attended the 16th Annual Employee Remembrance Day Celebration that was held today at the Public Works Complex. Mayor Baldwin announced that he too, attended the 16'h Annual Employee Remembrance Day Celebration that was held today at the Public Works Complex. 03 -20 -2012 Minutes 10. Announcements by City Manager Mayor Baldwin recognized City Manager John Kessel who announced that he received a letter from the City of La Vernia that complimented Officer Tumlinson who assisted the La Vernia Police Department with concise and comprehensive accident reports. Due to the assistance from Officer Tumlinson, the City of La Vernia was able to make a significant difference in their situation with an investigation of a motorcycle accident that occurred in their city. Mr. Kessel also commended Ms. Debbie Krause, Inspections Cleric, who has received multiple complimentary customer service surveys. Mr. Kessel advised Council that due to the inclement weather situation and the threat of a possible tornado in the City on Monday evening, Stage One Emergency Operations was activated within the City. He thanked all departments who participated in this emergency preparedness drill. Adiournment Mayor Baldwin adjourned the meeting at 8A. p.m. yor Hal ATTEST• ynt Raleigh, De u ty Secretary 03 -20 -2012 Minutes