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06-05-2012 MinutesMINUTES REGULAR MEETING ~I~~e s, zo~a A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on June 5, 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 Pro~Tem George Antuna Councilmember Jim Fowler Cauncilmember David Scagliola Councilmember Michael Carpenter Staff Present: Executive Director David Harris Executive Director Brian James City Attorney Katherine Tapley Carrncilmember Cedric Edwards was absent. CALL TO ORDER REGULAR MEETING City Manager John Kessel Executive Director Sohn Biersehwale Chief of Staff Bob Canna City Secretary Brenda Dennis Mayor Pra-Tem Scagliala called the meeting to order at 6:00 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 Ua~ited States and the State of Texas. Mayor Pro-Tem Scagliala welcomed everyone in attendance. Oath of Office A. Mayor Pro-Tem --- Consideration and/or action regarding the appointment of the Mayor Pra- Tem, George Antuna, Jr. term expiae December 1, 2012. (J. Kessel/B. Dennis) Mayor Pro-Tem Scagliola recognized Councihnember Fowler wha moved, secanded by Councilmember Carpenter to approve the appointment of Councilmember George Antuna as Mayor Pro-Tem. Tlie vote was rrnanir?zous. Motion Carried. Mayas Pro-Tem Scagliola recognized City Secretary Brenda Dennis who administered the Oath of Off ce to newly appointed Mayas P.ro-Tem George Antuna. Proclainatian 06-OS-2012 Minutes ® Proclamation and Special Presentation to the Family of Former Mayor Earl Sawyer {r. KesseUCouncil/B. Bailey) Mayor Pro-Tem Antuna and City Manager John Kessel presented a proclamation and a City Flag to the Sawyer Family. Presentation Reco ninon Parks and Recreation Advisory Board Special Presentation to Wendy Swan (G. Logan/M. Debboun) {Debbie Bell to accept) Mayor Pro-Tem Antuna recognized Director of Parks and Recreation & Community Sei~~ices George Logan who introduced Parks and Recreation Advisory Board Chair Mustapha Debboun who stated that Wendy Swan is being recognized for going above and beyond as a member of the Friends of Northern Schertz, He stated that her leadership, volunteerism, dedication, loyalty and high-level of involvement and service to the City of Schertz has been an inspiration to all those around her. Mr. Mustapha recognized Debbie Bell who came forward to accept the Certificate of Recognition for Wendy Swan on behalf of the City of Schertz. Ms. Bell thanked the City, Ci Events Announcements of upcoming City Events by Executive Directors (D. Haz•~•is/J. BierschwaleB. James) Mayan Pra-Tem Antuna recognized Executive Director of Support David Harris who stated that tomorrow the parking lot at the Civic Center and City Hall will be full as the Schertz-Cibola- Universal TSD will be hosting a training seminar at the Civic Center. Hearin of Residents This time is set aside for any person who wishes to address the City Council. Each person should fill out the speaker's register p~•ior 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 offcer, duf~ing the Hearing of Residents portion of the agenda, will call on those persons ia~ho have signed up to speak in the order they have registered. Mayor Pro-Tem Antuna recognized the following people who spoke: Maggie Titterington, Schertz Chamber President who came forward providing the Council with an update on the upcoming events of the Chamber. Janet Tavernier, 17604 lH 35, Schlotzsky's, who came forward speaking against the revised parking on Corridor Loop, 06-OS-2012 Minutes Mayor Pro-Tem Antuna recognized the following who spoke regarding the issues of: accountability, consumer protection, issues with their hozxzes, requesting Council to approve their proposed Ordinances, and for Pulte to buy back their homes: • Ken and Angela Russell, 6034 Mule Deer • Donna Fitzgerald, 5304 Storm King • Dan Hollistel, 5525 Columbia Drive • Sherry Clark, 5269 Brookline • Tricia Mattison, P. O. Box 3022, Universal City • Janet Ahmad, 1$ Silver Horn, San Antonio 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 Pro-Tem or a Councihnember• 1. Minutes -Consideration and/or action regarding the approval of the minutes of the Regular Meeting of May 29, 2012. (J. KessellB. Dennis) 2. Resolution No. 12-R-51 -Consideration and/or action acceptance of a grant from Bexar Metro 911 regarding upgrades to the City's dispatch radio consoles and appropriate budgetary transfer for the City's cash match. (J. Bierschwale/M. BaneIM. Harris) The following caption was read into record: RESOLUTION NO. 12-R-51 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING ACCEPTANCE OF A GRANT FROM BEXAR METRO 911 REGARDING UPGRADES TO THE CITY'S DISPATCH RADIO CONSOLES AND APPROPRIATE BUDGETARY TRANSFER FOR THE CITY'S CASH MATCH AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Pro-Tenn Antuna recognized Councilmember Carpenter who moved, seconded by Couneilmember Fowler to approve consent agenda items 1, and 2. The vote was unanimous. Motion ca~•ried. Discussion andior Action Items 3. Ordinance No. 12-D-10 -Consideration and/or action approving an ordinance amending and revising Section 86-149, Parking Prohibited, repealing all ordinances or parts of ordinances; and providing an effective date. Final Reading (B, James/S. Willoughby/L. Busch) The following caption was read into record: 06-05-2012 Minutes ORDINANCE NO. 12-D-10 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS PROVIDING THAT THE CODE OF ORDINANCES OF THE CITY OF SCHERTZ, TEXAS BE AMENDED BY REVISING SECTION 86-149 PARING PROHIBITED ON ROADWAYS MAINTAINED BY THE CITY OF SCHERTZ; AND PROVIDING AN EFFECTIVE DATE. Mayor Pro-Tem Antuna recognized Executive Director of Development Brian .lames who stated that action creates a no-parking zone on designated areas of Corridor Loop fiazx~. I.H. 35 frontage road to F.M. 3009 per Council direction and unanimous vote on May 8, 2012. The plan presented this evening calls for 10 spaces along the portion of the road adjacent to Chili's and no parking elsewhere on the street. After more review staff is recommending 21 spaces be marked. This item was postponed for three weeks per staff request on May i 5. Fiscal impact of $1,488 to be paid far from the Street Maintenance budget Tine item. He stated this is a budgeted item. Staff recommends approval of the 21 parking places. Mayor Pro-Tem Antuna recognized Janet Tavernier, 17604 IH 3S, Schlotzsky's, who carne forward stating that eliminating parking places along the Corridor Loop would have an affect on her business. Mayor Pro-Tem Antuna and Council discussed the recommendation that was brought forward by the Traff c Safety Advisory Committee regarding parking and safety concerns. City Manager John Kessel concurred with the findings of the Traffic Safety Advisory Committee to recommend the 21 parking spaces. Mr. Kessel recognized Police Chief Don Taylor who came forward providing his safety concerns along the Corridor. Mayor Pro-Terri Antuna recognized Councilmember Carpenter who asked that staff ga back to the businesses in 90-days and get an evaluation. Mayor Pro-Tem Antuna recognized Councilmember Scagliola who moved, seconded by Councilmember Fowler to approve Ordinance No. 12-D-10 with the recommendation of 21 parking spaces. Final Reading The vote wr~s'unanrnrous. Motion Cart•iert: 4. Ordinance No, 12-5-13 - Conduct a public hearing and consideration and/or action upon a request to rezone approximately 0.974 acres of land from Predevelopment District {PRE} to General Business District {GB). The property is more specifically described as a portion of Lot 1 of the WML Subdivision, City of Schertz, Comal County, Texas, generally located on southbound IH 35 between Engel Raad and Eckhardt Road. First Reading {B. James/M. Sanchez) The following caption was read into record; ORDINANCE NO. 12-5-13 06-OS-2012 Minutes BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE OFFICIAL ZONING MAP ORDINANCE II-S-IS BY REZONING APPROXIMATELY 0.974E ACRE OF LAND FROM PREDEVELOPMENT DISTRICT (PRE) TO GENERAL BUSINESS DISTRICT {GB} BEING A PORTION OF A 1.824 ACRE TRACT OF LAND MORE PARTICULARLY DESCRIBED AS LOT 1, WMI, SUBDIVISON, CITY OF SCHERTZ, COMAL COUNTY, TEXAS, GENERALLY LOCATED. ON 50UTHBOUND IH 35 BETWEEN ENGEL ROAD AND ECKHARDT ROAD; PROVIDING A REVERSIONARY CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE Mayor Pro-Tem Antuna recognized Development Services Director Michelle Sanchez who introduced this item stating that action rezones approximately 0.974 acres of land from PRE to GB located on Southbound IH 35 between Engel Road and Eckhardt Road. The property was annexed in 2010 and was assigned a temporary zoning of PRE. The property has been utilized for a contractor's office. The building is currently vacant. According to the UDC, to utilize and occupy the building, it must be rezoned as only continued uses are allowed in the PRE zoning district. The properties in this area are generally zoned GB and have been zoned as such prior to this designation on the Future Land Use Plan. She stated at the May 23, 2012 Planning and Zoning Commission meeting, the Commission unanimously voted to approve the requested zone change and forward a recommendation to Council. No fiscal impact. Schedule is as follows: May 23, 2012 P&Z Public Hearing June 5, 2012 City Council Public Hearing and First Reading of Ordinance June 12, 2012 Final Reading of Ordinance Staff recommends approval. Mayor Pro-Tem Antuna opened the public hearing and recognized the following who spoke; Mr. Robert Brockman, 1000 Elbel Road, who spoke on his approval of the zoning change. As no one else spoke, Mayor Pro-Tern Antuna closed the public hearing and asked for Council comments. Mayor Pro-Tem Antuna recognized Councilmember Carpenter who moved, seconded by Councilmember Fowler to approve Ordinance No. 12-513 Fust Reading. The vote was u~tanimous. Motion Carriert. Mayor Pro-Tem Antuna moved into Executive Session at 7,25 p.m. Executive Session 06-OS-2012 Minutes Called under Section: • 551.071 Texas Government Code Litigation, pending or contemplated litigation; • 551,072 Tez~as Government Code -Deliberation regarding the purchase, exchange, sale, lease, or value of real property, or real estate; • 551.074 Deliberation regarding personnel matters, duties of certain public officials and employees, and personnel and the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the City Manager. Mayor Pro-Tenn Antuna reconvened into regular session a# 8:45 p.m. 5. Take any action deemed necessary as a result of the Executive Session. No active requi~retl Re uests and Announcements 6, Requests by Mayor PronTezn and Councilmembers that items be placed on a future City Council agenda. No items requested, 7. Requests by Mayor Pro-Tem and Councilmembers to City Manager and S#aff for information. No i~aformation requested. 8. Announcements by Mayor Pro-Tem 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 Pro~Tem Antuna recognized Councilmember Fowler who stated that he attended the following; • Saturday, June 2, 2012, Memorial services for Chris Lewis - • Tuesday, June 5, 2012, Burial services for Former Mayor Earl Sawyer He also stated that he would be leaving Wednesday, June 6, 2012 and back on Saturday, June 23, 2012 going to Israel and Jordan. 06-OS-2012 Minutes Mayor Pro-Tem Antuna recognized Councilmember Scagliola who stated that he attended the Following: • Thursday, May 31, 2012, 2012-2013 Sweetheart Court "meet and greet" • Sahuday, June 2, 2012, Memorial services for Chris Lewis • Saturday, June 2, 2012, VFW event "Welcome cooties" • Sunday, June 3, 2012, Steel High School Graduation • Tuesday, June 5, 2012, Burial Services for Former Mayor Earl Sawyer Mayor Pro~Tem Antuna stated that he attended the following; • Friday, June 1, 2012, Lone Star Rail Board meeting • Saturday, June 2, 2012, Memorial services far Chris Lewis • Tuesday, June 5, 2012, Christian Brothers Automotive Ribbon cutting 9. Announcements by City Manager Mayor Pro-Tem Antuna recognized City Manager John Kessel who stated that he wanted to recognize the following departments: • Facilities Maintenance, He thanked Ray and Albert who helped out with a situation during the Library Olympics event. • Fire Department, He thanked Inspector John Perry who assisted an Inspector from Austin. Police Department, He thanked the Police Department Honor Guard for their participation in the recent events. Mr. Kessel reminded everyone to keep CouncilrnemlZer Edwards and his family in their prayers as Cauncihnembex Edwards recently lost his mom. Mayor Pro-Tem Antuna recognized Councilmember Scagliola who read an appreciation letter from Jahn Pond, President of the Greenshire Homeowners Association regarding City Manager John Kessel, thanking him for coming out and speaking with the residents regarding the state of the City. Adjournment Mayor Pro-Tem Antuna adjourned the meetin t 8: p,m• May i' ~ ern George Antuna ATTEST: 06-052012 Minutes xenda Dennis, TRMC, MMC Cify Secxe~ary Ob-05-2012 Minutes