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)
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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
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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.
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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
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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
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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
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