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07-06-10 MINUTES - REGULAR MEETING July 6, 2010 A Regular Meeting was held by the Schertz City Council of the City of Schertz, 1 exas, on July 6, 2010 at 6:30 p.m., in the Municipal Complex Council Chambers, 1400 Schertz Parkway, Building #4, Schertz, Texas. The following members present to-wit: Mayor Hal Baldwin Mayor Pro-Tem John Trayhan Councilmember Jim Fowler Councilmember David Scagliola Councilmember Cedric Edwards Councilmember Michael Carpenter Staff Present: City Manager Don Taylor Assistant City Manager John Bierschwale Assistant City Manager David Harris City Attorney Michael Spain City Secretary Brenda Dennis CALL TO ORDER REGULAR MEETING Mayor Baldwin called the meeting to order at 6:30 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. Mayor Baldwin recognized the following who were in attendance this evening: • Newly Elected Mayor Mary Dennis -Live Oak • Former Councilmember Pat Kauts -Live Oak • Assistant Scout Master Steve Nelle, BSA Troop 413 who introduced present members of the Troop. Mayor and Council welcomed everyone this evening. HEARING OF RESIDENTS No one spoke. CONSENT AGENDA The following items may be acted upon in one motion. No separate discussion or action is necessary unless requested by the Mayor or a Councilmember, in which event those items will be pulled for separate consideration: 1. Ordinance No. 10-A-19 -Consideration and/or action approving an ordinance regarding annexation of a portion of Schwab Road and certain adjacent areas and a portion of FM 482 and certain adjacent areas. Final Heading (M. Spain/M. Sanchez) 07-06-2010 Minutes 3. Minutes -Consideration and/or action regarding the approval of the minutes of the Special Joint Workshop and Regular Meeting of June 22, 2010. ~ 4. Ordinance No. 10-D-18 -Consideration and/or action approving an ordinance installing stop signs along Savannah Drive and Whitaker. Final Reading (L. Dublin) Mayor Baldwin recognized Councilmember Carpenter who moved, seconded by Mayor Pro-Tem Trayhan to approve the consent agenda items. Vote was unanimous with the exception that Mayor Pro-Tem Trayhan abstained from voting on the Joint workshop minutes. Motion Carried. Discussion and/or Action Items. 2. Ordinance No. 10-5-08 -Consider and act upon a request to rezone approximately 84.71 acres of land from Garden Home Residential District (GH) to Single-Family Residential District (R-7) Single-Family Residential (R-6) and General Business District (GB). The property is more specifically described as a portion of the C. M. Gahagan Jr. Survey No. 258, Abstract No. 142, Guadalupe County and Abstract No. 182, Comal County, Texas, generally located near the southwest corner of IH 35 and Eckhardt Road. Final Reading (M. Sanchez) Mayor Baldwin recognized Councilmember Scagliola who asked that this item be pulled from the consent agenda. Councilmember Scagliola stated that he would not go into the reason he voted against this item again as he provided that information at the last meeting, but wanted to only make the following requests for the future: 1. Request that staff possibly develop an amenity's plan for subdivisions so that when developers come into the city they know what to expect based on the size of community they are going to build. 2. Request to review, for this particular subdivision, if the new site plan review process is working. Asked that when staff finalizes the site plan could they bring information to Council on what was the process. Mayor Baldwin recognized Development Services Director Michelle Sanchez who stated that for clarification there is not a site plan process for zone changes related to residential development. She stated that what was changed in the UDC in regards to site plans has nothing to do with residential development at all. Ms. Sanchez stated that there is an overall master plan review process by Planning and Zoning along with a review process each time a unit of the subdivision is phased and platted. She concluded that Planning & Zoning will continue to have final authority on master plans and plats. Mayor Baldwin recognized Mayor Pro-Tem Trayhan who moved, seconded by Councilmember Carpenter to approve Ordinance No. 10-5-08 final reading. Vote was 4 to 1, with Councilmember Scagliola voting no. Motion Carried 07-06-2010 Minutes Page - 2 - 5. Resolution No. 10-R-33 -Consideration and/or action approving a resolution opposing a proposed rule change to Guadalupe County Groundwater Conservation Districts Rule 10.1. (Alan Cockerell) Mayor Baldwin recognized SSLGC Chairman Ken Greenwald who introduced this item answering questions from Council. Mr. Greenwald stated that action requested of Council supports Schertz Seguin Local Government Board of Directors' authorization on June 15, 2010 for General Manager Alan Cockerell to take the necessary steps to oppose a proposed rule change to Guadalupe County Groundwater Conservation District Rule 10.1 that would change the basis for calculating water production fees collected by the District. Mayor Baldwin recognized Councilmember Scagliola who moved, seconded by Councilmember Fowler to approve Resolution No. 10-R-33. Vote was unanimous. Motion Carried 6. Resolution No. 10-R-34 -Consideration and/or action approving a resolution authorizing a contract for processing EMS Healthcare Claims. (D. Wait) Mayor Baldwin recognized EMS Director Dudley Wait who introduced this item answering questions from Council. Mr. Wait stated that action requested of Council is to allow the City to enter into a license agreement with Gateway EDI, LLC ("Gateway") concerning the City's use of Gateway's electronic data interchange system for processing EMS healthcare claims. The agreement requires an initial setup fee of $200 and then ongoing fees based on the number of transactions processed, $117 per month for 300 claims, $.39 per claim afterward. The budgeted amount will be paid out of the EMS budget. Mayor Baldwin recognized Councilmember Carpenter who moved, seconded by Councilmember Edwards to approve Resolution No. 10-R-34. Vote was unanimous. Motion Carried 7. Resolution No. 10-R-35 -Consideration and/or action approving a resolution authorizing an amendment to the Antenna Tower Lease Agreement with Clear Wireless LLC. (M. Spain) Mayor Baldwin recognized City Attorney Michael Spain who introduced this item stating that the City entered into a Tower Lease Agreement with Clear Wireless LLC on June 16, 2009. Clear Wireless would like to add one 2' microwave dish and three transmitters to the tower site. This additional equipment requires an amendment to the current Tower Lease Agreement to reflect a total additional monthly fee of $475 to be paid to the City. Mr. Spain stated Charmain Sanchez negotiated the original Tower Lease Agreement and recommends the City enter into a First Amendment to Tower Lease Agreement to add one two-foot microwave dish and three transmitters to the tower site. Monthly rental paid to the City will increase by $475 or $5,700 annually until September 20, 2010 with annual increases to that amount thereafter in accordance with the Tower Agreement. 07-06-2010 Minutes Page - 3 - Mayor Baldwin recognized Councilmember Carpenter who moved, seconded by Mayor Pro-Tem Trayhan to approve Resolution No. 10-R-35. mote was unanimous. Motion CarNied. , Mayor Baldwin adjourned into Executive Session at 6:57 p.m. EXECUTIVE SESSION Called under Section 551.071 Texas Government Code Litigation, pending litigation; Section 551.072 Texas Government Code - Deliberation regarding the purchase, exchange, sale, lease, or value of real property and Section 551.087 Deliberation regarding Economic Development Negotiations. Mayor Baldwin reconvened into regular session at 7:25 p.m. 8. Take any action deemed necessary as a result of the Executive Session. No action taken. Requests and Announcements 9. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. Mayor Baldwin recognized Councilmember Fowler who asked for an update at the next meeting regarding the issues on Country Club Blvd. Mayor Baldwin recognized Assistant City Manager John Bierschwale who stated that staff would be providing an Engineering report on this item as well as other on- going projects. 10. Requests by Mayor and Councilmembers to City Manager and Staff for information. Mayor Baldwin recognized Councilmember David Scagliola who asked for status update regarding the foreclosed house on Wimbledon and Country Club Blvd. City Manager Don Taylor stated that the home has been bought back by the mortgage company and Marshal Todd is in communication with them regarding the need of clean up. 11. 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 07-06-2010 Minutes Page - 4 - Mayor Baldwin recognized Mayor Pro-Tem Trayhan who stated that in accordance with Section 4.02 of the City Charter, specifically residency requirements, he has to offer his resignation effective this evening, July 6, 2010. He stated that he and his wife Kimberly would be moving to Garden Ridge by the end of July. Mayor Pro- Tem Trayhan stated that it has certainly been his privilege to serve the citizens of Schertz and thanked them for the opportunity. He publically thanked his wife Kimberly, his colleagues sitting with him this evening and others who have been on Council with him over the years. He publically thanked the City Manager's Office, City Secretary's Office, City Attorney and all City Staff for making it such a wonderful experience for him. Mayor Baldwin recognized Councilmember Edwards who stated that he had a great time at the 4th of July Jubilee events and thanked everyone involved in the success and specifically those involved in the parade. Mayor Baldwin recognized Councilmember Carpenter who stated that since this evening is Councilmember Trayhan's last meeting he would like to thank his colleague for his time and services given to the City of Schertz. All Council, staff and audience gave a standing ovation in recognition of Mayor Pro-Tem Trayhan. Mayor Baldwin recognized City Attorney Michael Spain who stated that he wanted to point out that in addition to Section 4.02 of the City Charter, that Section 4.03 states that the City Council is the final judge of the qualifications of its members.... Mayor Baldwin recognized Councilmember Fowler who also stated that the 4th of July Jubilee especially Sunday evening was one of the largest crowds he had seen. He stated that the fireworks were outstanding. Councilmember Fowler also stated that he would be out of town until Monday, July 12, 2010. Mayor Baldwin recognized Councilmember Scagliola who stated that he attended another Grand Opening with the Schertz Chamber of Commerce. He stated that they just celebrated their 5th Anniversary, the Chamber started out with only 28 businesses and now they are up to 200. Councilmember Scagliola commented about the 4th of July Jubilee, stating it was tremendous and it was an accomplishment of many individuals who volunteered, but wanted to publically thank a few: John Bierschwale, Gail Douglas, Brad Bailey, Cindy Raleigh, Sarah Gonzalez, and Nancy Johnson. He stated that he has received many excellent comments regarding the fireworks display. Mayor Baldwin added his thanks to all the staff and volunteers for putting on such a successful 4t'' of July Jubilee stating that every year the City continues to top the previous years event. 12. Announcements by City Manager • Recognition of City employee actions • New Departmental initiatives 07-06-2010 Minutes Page - 5 - Mayor Baldwin recognized City Manager Don Taylor who stated that each year many employees volunteer their time to help at the 4`" of July Jubilee event. He stated that he has contacted a few but would like to mention one in particular, which was Gail Douglas who has been doing this for so many years offering so much of her time volunteering. Mr. Taylor stated that she really summed it up stating, "Mr. Taylor, How many times do I have to tell you, I never volunteer, John volunteers me". Mr. Taylor publically stated that every year staff makes him proud and he wants everyone to know that he is also very proud of the job that they do and certainly want to say thank you. Mayor Baldwin recognized Assistant City Manager John Bierschwale who stated that they estimated approximately 10 to 12 thousand inside the park and over 30 thousand outside the area who came in and watched our program. Mr. Bierschwale stated that this years was the most the city had made, which was somewhere around $100,000 Gross and he would be bringing the financial report to Council in a couple of weeks. Mayor Baldwin recognized Assistant City Manager David Harris who stated that July 20, 2010 the Library would be closed for floor repairs as well as for staff training. Mayor Baldwin also added that he would like to thank John Trayhan for his services over the years to the community and that his leaving will be a big loss to the City. Mayor Baldwin stated it is not often that you get a PhD to serve on the Council, especially someone that if he, the Mayor, makes a mistake on his laptop, that his colleague is able to correct it quickly. He stated that City Manager Mr. Taylor would have to learn quickly how to assist him. Mayor Baldwin wished all the best to John and his family. ADJOURNMENT As there was no further action, Mayor Baldwin adjourned e meeting at 7:37 p.m. Hal Baldwin, Mayor ATTEST: Brenda Dennis, TRMC, C ity Secretary r 07-06-2010 Minutes Page - 6 -