11-15-2011 MinutesNIINUTES
REGULAR MEETING
November 15, 2011
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on
Navember IS, 2011, at b: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 Jim Fowler
Councilmember George Antuna
Councilmember Michael Carpenter
Councilmember David Scagliola
Councilmember Cedrie Edwards
Staff Present:
Assistant CityManager Sohn Bierschwale
Chief of Staff Bob Cantu
City Secretary Brenda Dennis
Mayor Hal Baldwin ahsenl
CALL TO ORDER REGULAR MEETING
City Manager John Kessel
Assistant City Manager David Harris
City Attorney Michael Spain
Mayor Pro-Tem Fowler called the meeting to order at 6:01 p.m. and welcomed everyone in
attendance.
INVOCATION AND PLEDGES OF ALLEGIANCE TO THE FLAGS OF THE iJNITED
STATES AND STATE OF TEXAS.
Councilmember Carpenter gave the invocation followed by the Pledges of Allegiance to the Flags
of the United States and State of Texas.
CITY EVENTS
• Announcements of upcoming City Events (D. HarrislJ. Bierschwale)
Mayor Pro-Tem Fowler recognized Assistant City Manager David Harris who reminded
Council of the upcoming San Antonio Regional Mobility Authority meeting, November 17,
2011 at the Schertz Civic Center from 5:30 p.m. to $:00 p.m.
PRESENTATIONS
• An update on the Sweetheart Cou~.~t events and information on the upcoming
Festival of Angels Celebration. (M. Spence)
Mayor Pro-Tem Fowler recognized Events Coordinator Mary Spence who came
forward providing a brief PowerPoint presentation regarding the activities of the
Schertz Sweethearts as well as information on the upcoming Festival of Angels.
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Hearing of Residents
Mayor Pro-Tem Fowler recognized the following who spoke:
• Ms. Maggie Titterington, President of the Schertz Chamber of Commerce, who provided a
briefing regarding the recent and upcoming activities of the Schertz Chamber.
WORKSHOP
A. Discussion and consideration and/or action regarding the proposed one-time
merit system. (J. Kessel)
Mayor Pro-Tem Fowler recognized City Manager Sohn Kessel who provided a briefing
regarding the proposed one-time merit system stating that the $250,000 merit increase
has been broken up into two phases: Phase one: Management has come up with a new
annual evaluation form that will focus on current job performance. The form has been
simplified where there are only three (3} ratings, 1, 2 or 3. Rating 1 =below
performance; Rating 2 = on track with performance; and Rating 3 =above and beyond,
extra effort. He stated that if the majority of the employees receive a 2 then it would
equal about $400.00.
Mr. Kessei stated that phase two is being developed by the Department heads to come
up and define future performance goals. He stated that each department will receive a
pro-rate amount to divide between their employees, focusing on those eligible for the
phase two portion. Mr. Kesel explained that phase one is a snap shot looking back and
that phase two will focus an looking forward.
It was the concurrence of Council to have the City Manager move forward with the
program and commended him for conning up with the plan and program.
Consent A emda Action Items
Mayor Pro-Tem Fowler asked if anyone wished to move any of the items from consent
for separate action as the consent agenda included items 1 through 6. No items were
removed from the consent agenda,
1. lYlinates -Consideration and/or action regarding the approval of the minutes of the
Regular Meeting ofNavember 1, 2011, minutes afthe mint Workshop Meeting and
Regular Meeting of November S, 2011. (B. Dennis)
2. Ordinance No. ll-B-34 -Consideration and/or action approving an Ordinance by
the City Council of the City of Schertz, Texas authorizing the issuance of "City of
Schertz, Texas General Obligation Refunding Bonds, Series 2011A", levying an
annual ad valorem tax, within the limitations prescribed by law, for the payment of
the Bonds; prescribing the form, terms, conditions, and resolving other matters
incident and related to the issuance, sale, and delivery of the Bonds; authorizing the
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execution of a Paying Agent/Registrar Agreement, a Purchase and Investment
Letter, and an Escrow and Trust Agreement; complying with the provisions of The
Depositary Trust Company's Letter of Representations; and providing an effective
date First and Final Reading (M. McLiney/R. Cunningham)
The following caption was read into record:
"AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING THE ISSUANCE OF "CITY OF
SCHERTZ, TEXAS GENERAL OBLIGATION REFUNDING BONDS,
SERIES 2011A", LEVYING AN ANNUAL AD VALOREM TAX, WITHIN
THE LIMITATIONS PERSCRIBED BY LAW, FOR THE PAYMENT OF
BONDS; PERSCRIBING THE FORM, TERMS, CONDITIONS, AND
RESOLVING OTHER MATTERS INCIDENT AND RELATED TO THE
ISSUANCE, SALE, AND DELIVERY OF THE BONDS; AUTHORIZING
THE EXECUTION OF A PAYING AGENT/REGISTAR AGREEMENT,
AND A PURCHASE AND INVESTMENT LETTER, AND AN ESCROW
AND TRUST AGREEMENT; COMPLYING WITH THE PROVISIONS OF
THE DEPOSITORY TRUST COMPANY'S LETTER OF
REPRESENTATIONS; AND PROVIDING AN EFFECTIVE DATE"
3. Ordinance No. 11-5-30 -Consideration andlor action act upon a request to rezone
approximately 23.724 acres of land from Manufacturing District Light (M-1)
16.$99 acres and General Business District (GB} 6.825 acres to Manufacturing
District Light (M-1} 17.707 acres and General Business District (GB) 6.017 acres.
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. FinaLReading {M. Sanchez}
The following caption was read into record:
"BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AMENDING THE OFFICIAL ZONING MAP ORDINANCE 11-5-15 BY
REZONING 'APPROXIMATELY 23.724E ACRES OF LAND FROM
GENERAL BUSINESS DISTRICT (GB) 6.825 ACRES AND TO
MANUFACTURING DISTRICT LIGHT (M-1) 16.899 ACRES TO
GENERAL BUSINESS DISTRICT (GB) 6.017 ACRES AND TO
MANUFACTURING DISTRICT LIGHT (M-1) 17.707 KNOWN AS
RANDOLPH COMMERCIAL PARK GENERALLY LOCATED 1246E
FEET EAST OF THE INTERSECTION OF LOWER SEGUIN ROAD AND
LOOP 1604; PROVIDING A REVERSIONARY CLAUSE; PROVIDING A
REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE
DATE"
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4. Ordinance No. 11-A-33 -Consideration and/or action approving an ordinance for
the disannexation of 88. l46 +- acres of land within the corporate limits of the City
of Schertz, all of which is located in Bexar County, Texas. Final Reading (M.
Spain)
The fallowing caption was read into record:
"AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ PROVIDING FOR THE DISANNEXATION OF $$.146f
ACRES OF LAND WITHIN THE CORPORATE LIMITS OF THE CITY
OF SCHERTZ, ALL OF WHICH IS LOCATED IN BEXAR COUNTY,
TEXAS, AS DESCRIBED HEREIN, AND RELATED MATTERS"
5. Ordinance No. 11-F-35 -Consideration and/or action approving an ordinance
extending the Bexar Waste Franchise for two years. First Readrng (J. Bierschwale)
The following caption was read into record:
"AN ORDINANCE GRANTING CIBOLO WASTE INCORPORATED, DBA
BEXAR WASTE INC., AN EXTENSION AND RENEWAL OF ITS
FRANCHISE FOR MUNICIPAL SOLID WASTE, RECYCLING, AND
HOUSEHOLD HAZARDOUS WASTE COLLECTION AND DISPOSAL
PROGRAM; IMPOSING PROVISIONS AND CONDITIONS RELATING
TO THE EXERCISE OF SAME; AND PROVIDING FOR PENALTIES NOT
TO EXCEED $200 FOR VIOLATION THEREOF; REPEALING ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS
ORDINANCE"
b. Cancellation of the November 22, 2011 City Council Meeting -- Consideration
and/or action approving the cancellation of the November 22, 2011 City Council
meeting. (J. Kesel)
Mayor Pro-Tem Fowler recognized Councilmember Carpenter who moved,
seconded by Councilrnember Edwards to approve consent agenda items 1 through
b. The vote was unanimous. Motion carried.
Mayor Pro-Tem Fowler moved into executive session at 6:37 p.m.
EXECUTIVE SESSION
Called under Section SS1A71 Texas Government Code Litigation, pending or
contemplated litigation; Section 551,072 Texas Government Code -Deliberation
regarding the purchase, exchange, sale, Iease, or value of real property, or real estate.
Mayor Pro-Tem Fowler reconvened into regular session at 6:48 p.m.
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7. Take any action deemed necessary as a result of the Executive Session.
Mayor Pro-Tem Fowler recognized Councilmernber Scagiiola who moved,
seconded by Councilmember Carpenter that we authorize the City Manager to
sign a Mutual Settlement and Release Agreement with Riata Land, Ltd., to settle
Riata's lawsuit against the City and George Logan over disputed parkland fees,
far a total refund to Riata of $29,622. The vote was unanimous. iYfotion carried.
Re uests and Annauncements
S. Requests by Mayor and Councilmembers that items be placed on a future City Council
agenda.
Mayor Pro-Tem Fowler recognized Councilmember Edwards who asked if
something could be done regarding a possible "right turn only" due to the traffic
flow coming out of Bush's Chicken. City Manager John Kessel stated that he
would have staff look into this and get back to him.
9. Requests by Mayor and Gouncilmembers to City Manager and Staff for
information.
Mayor Pra-Tem Fowler asked if the portable sign by HEB could be edited so that
the sign reads Christmas Tree Lighting ceremony ...."City Hall", that the ward
"Hall" is on a separate line. City Manager John Kessel stated that this would be
corrected.
10. Announcements by Mayor and Councilmembers
• City and community events attended and to be attended
• City Council Committee and Liaison Asiggmments (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 Pro-Tem Fowler recognized Councilmember Scagliola who stated that he
attended the ROTC Barbecue on Thursday at Pickrell Park, what a great event. He also
stated that he attended the Schertz Chamber of Commerce awards luncheon today.
Mayor Pro-Tem Fowler recognized Councilmember Edwards who stated that he
wanted to publically thank Officer Schmidt who assisted in the removal of a
rattlesnake. Councilmember Edwards stated that the attended the following:
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1} Attended the services at the True Life Church at 202 W. Byrd, Universal City
honoring all public servants. He stated he donated my gifts to needy families from
that congregation.
2} Attended the Buffalo Soldiers wreath Laying Ceremony in San Antonio, Friday
afternoon.
3} Attended the PWA Beauty and Talent Pageant at Holy Trinity Hall off Huebner and
Stone Oak.
He stated tha# aIl the events had great Schertz participation, but not local official
representation. Every other Metro Com City had representation, so next year we need to
make the events a priority.
Mayor Pro-Tem Fowler announced he also attended the Schertz Chamber awards
luncheon today. .Mayor Pro-Tem Fowler thanked Commissioner Wolverton and
Schertz Chamber President far attending the United Methodist Church new building
dedication this past week.
11. Announcements by City Manager
• Recognition of City employee actions
• New Departmental initiatives
_ Mayor Pro-Tem Fowler recognized City Manager John Kessel who stated that he has
four items this evening:
1) Presented an article recognizing "Basic Industries", a business off of FM 482 and
FM 1103 four their "Star" OSHA safety designation.
2) Thanked the Citizens on Patrol Volunteers for volunteering after school at the
Library, and keeping the students from disrupting other patrons.
3) Read a sad accommodation regarding a recent EMS event, where the mother of the
transported citizen wrote to commend the EMS staff on their compassion,
professionalism, and sympathy.
4) Read a thank you email from Mr. Bryan Patrick, father of the young man who
recently- conducted the ROTC Veterans barbecue, thanking Ms. Sandy Bryant for
her time and enthusiasm in the success of this event.
Finally, City Manager Mr. Kessel stated that he will be visiting his mother over the
Thanksgiving holiday and wishes everyone safe travels and Happy Thanksgiving.
Ad_i onrnment
Mayor Pro-Tem Fowler adjourned the meeting at 7:OS p.m.
~~ '
yor Pro-Tem Fowler
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ATTEST:
nda Dennis, TRMC, C City Secretary
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