05-13-2008MINUTES
REGULAR MEETING
May 13, 2008
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on May 6,
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
Council Member David Scagliola
Council Member Tony Wilenchik
Staff Present: City Manager Don Taylor
Assistant City Manager John Bierschwale
CALL TO ORDER REGULAR MEETING
Mayor Pro -Tem John Trayhan
Council Member Jim Fowler
Council Member Michael Carpenter
Assistant City Manager David Harris
City Secretary Brenda Dennis
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.
Council Member Fowler gave the Invocation followed by the Pledges of Allegiance to the Flags of
the United States and State of Texas.
HEARING OF RESIDENTS
Mayor Baldwin recognized the following:
• Ms. Frances Rushing, President of the Schertz Chamber announced the following:
- Thursday, May 15: 10:00 a.m. — Ribbon Cutting at Tater Tot's Children's Resale Shop,
17323 IH -35 #105 Schertz, TX.
- Thursday, May 15: 2:00 p.m. — Ribbon Cutting at DOCUmation, 231 East Rhapsody, San
Antonio, TX
- Friday, May 16: 10:00 a.m. —Ribbon Cutting at Hogan Homes, 3305 Orth Ave. Whisper
Meadows Subdivision, Cibolo, TX.
- Thursday, May 22: 5:15 p.m. — Ribbon Cutting at Vantage at Schertz Apartments, 501 FM
3009, Schertz, Texas.
• Mr. Ted Myers, 1196 FM 78 introduced special guests Jerrod Haynes and his dad Sgt.
Haynes. Mr. Meyers stated that Jerrod set the bar high by recently participating in a kick -
a-thon fundraising event to help raise funds for the U.S. Tae Kwon Do World Games this
summer. Jerrod stated that he did 317 kicks in three minutes. Mr. Myers invited everyone
to attend an awards ceremony this Saturday; which will be held at Loretta's Finest
Restaurant.
• Mr. Robert Brockman, 1000 Elbel, spoke on the possibility of getting a crosswalk from the
Council Chambers to the Chamber of Commerce.
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May 13, 2008
• Ms. Jan Wilson, 5218 Cabana Drive, who spoke on Item 2 regarding the plants proposed
for the Day Care buffer, stating that Mountain Laurel would not be appropriate to plant
because the seeds are poisonous.
PROCLAMATION:
• Proclamation on EMS Week (Mayor Baldwin) Mayor Baldwin read and presented the
Proclamation to Amy Barrett on behalf of the EMS Department.
ANNOUNCEMENTS
Council General Announcements:
Mayor Pro -Tem Trayhan
• Congratulated his colleagues for their recent re- election.
• Stated he would be out of state next week and would not be attending the Council meeting.
• Thanked everyone for their thoughts regarding the recent fire at Our Lady of the Lake
University.
Council Member Fowler
• Thanked everyone for the support on his recent re- election.
Council Member Scagliola
• Thanked everyone for their support also on his recent re- election.
• Reminded everyone of the Police Memorial Wednesday, May 14, 2008 at 11:30 a.m. at the
Schertz Police Department.
Council Member Wilenchik
• Congratulated his colleagues for their recent re- election.
Council Member Carpenter
• Congratulated his colleagues for their recent re- election.
• Mention he attended the May 7, 2008 Education Foundation meeting.
Items by Mayor
• Thanked everyone for their support on his recent re- election.
• Mentioned they recently had a productive meeting on the plans of the Kramer House, that it
would be the Schertz Welcoming Center as well as house the Schertz Chamber of
Commerce.
REGULAR AGENDA
1. Minutes - Consideration and /or action regarding the approval of the minutes of the Regular
Meeting of May 6, 2008.
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May 13, 2008
Mayor Baldwin recognized Mayor Pro -Tem Trayhan who moved, seconded by Council
Member Carpenter to approve the minutes of May 6, 2008. Vote was unanimous. Motion
Carried
2. Ordinance No. 08 -S -25 — Consideration and/or action upon final reading of an ordinance
for a request for a Specific Use Permit (SUP) for 0.34/- acres of land out of the Rafael
Garza Survey, Abstract No. 144, Guadalupe County, Schertz, Texas being Lot 27, Block 9
of the Country Club Park Subdivision to allow a Day Care Facility in the Office
Professional District (OP) located approximately 500 +/- feet South of the intersection of
Country Club Boulevard and Portage Lane. (T. Rhodes /M. Nichols) Final Reading.
Mayor Baldwin recognized Planning Manager, Thomas Rhodes who introduced this item
answering questions from Council. Mr. Rhodes stated that City Council requested that
staff work with the applicant to create a buffer area where the Day Care Facility abuts the
city public property. The applicant has agreed to add a landscape buffer to shield the day
care facility from the adjacent undeveloped city property.
Mayor Baldwin called for a motion and recognized Council Member Carpenter who
moved, seconded by Council Member Fowler to approve Ordinance No. 08 -S -25 final
reading conditioned upon the use of plants not known to be poisonous. Vote was
unanimous Motion Carried
3. Resolution No. 08 -R -12 — Consideration and /or action regarding approval of a resolution
requesting CPS Energy to fund an electrical infrastructure project for Doerr Lane. (J.
Jewell)
Mayor recognized Jeff Jewell, Economic Development Specialist who introduced this item
answering questions from Council.
Mayor Baldwin recognized Council Member Carpenter who moved, seconded by Mayor
Pro-Tern Trayhan to approve Resolution No. 08 -R -12. Vote was unanimous Motion
Carried
4. Bid No. 08- PW- 09 -S -02 Schertz Parkway Street Reconstruction — Consideration and /or
action awarding a bid to VK Knowlton, base bid and add alternate No. 1 for the sum of
$2,026,757.40 (S. Willoughby)
Mayor Baldwin recognized Public Works Director Sam Willoughby who introduced this
item answering questions from Council.
Mayor Baldwin recognized Mayor Pro -Tem Trayhan who moved, seconded by Council
Member Carpenter to award the bid to VK Knowlton, base bid and add alternate No. 1 for
the sum of $2,026,757.40. Vote was unanimous. Motion Carried
5. Development Agreement between Pratt Industries — Consideration and /or action
approving a development agreement between Pratt Industries and the City of Schertz
Economic Development Corporation in the amount of $54,315. (J. Jewell)
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May 13, 2008
Mayor recognized Jeff Jewell, Economic Development Specialist who introduced this item
answering questions from Council. Mayor and Council thanked Mr. Jewell, Steve White,
and George Antuna with the Economic Development Corporation for their work on the
project.
Mayor Baldwin recognized Council Member Carpenter who moved, seconded Council
Member Scagliola to approve a development agreement between Pratt Industries and the
City of Schertz Economic Development Corporation in the amount of $54,315. Vote was
unanimous. Motion Carried
6. Ordinance No. 08 -G-27 — Consideration and /or action approving Ordinance No. 08 -G -27
repealing Ordinance No. 74 -G -38 setting the City Council compensation at zero (0) . First
Reading (T. Wilenchik)
Mayor Baldwin recognized Council Member Wilenchik who introduced this stating that he
placed this item on the agenda for Council to consider and explained the City had adopted
an ordinance in 1974 to set a salary compensation for members: Mayor to receive $6.00
for regular meetings and $10.00 for special; and Council to received $3.00 for regular
meetings and $5.00 for special. At their meeting of May 6, 2008 Council discussed their
views on being paid a salary. Council Members discussed that there should be some type
of reimbursement for attending various meetings, that they could keep track of their
mileage and submit a reimbursement through the City Secretary's office. Council asked
staff to bring back at a later date information on taking this item to the voters to decide if
Council should receive compensation.
Mayor Baldwin called for a motion and recognized Council Member Wilenchik who
moved, seconded by Council Member Carpenter to approve Ordinance No. 08 -G -27 first
reading setting the City Council's compensation at zero (0). Vote was 4 -1 -0 with Council
Member Fowler voting no. Motion Carried
ANNOUNCEMENTS — ITEMS BY CITY MANAGER TAYLOR AND STAFF
Mayor Baldwin recognized City Attorney Michael Spain who updated the Council and citizens on
the Green Valley Special Utility District issue.
EXECUTIVE SESSION
Called under Section 551.071 Litigation; Section 551.072 Texas Government Code -
Deliberation regarding the purchase, exchange, sale, lease, or value of real property.
Mayor Baldwin adjourned regular meeting to executive session at 7.53 p.m.
RECONVENE TO REGULAR SESSION
Mayor Baldwin reconvened regular meeting at 8:31p.m.
7. Resolution No. 08 -R -22 & Resolution No. 08 -R -23 — Consideration and /or action
regarding acquisition of a sewer line temporary construction easement from Robert M.
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Dale and June E. Dale; resolution authorizing acquisition by purchase, or resolution
authorizing acquisition by condemnation, following the Executive Session. (M. Spain)
Mayor Baldwin recognized Mayor Pro -Tem Trayhan who moved, seconded by Council
Member Fowler to approve Resolution No. 08 -R -23 changing Comal to Guadalupe. The
vote was 41110 with Council Member Scagliola voting no. Motion Carried
8. Resolution No. 08 -R -24 & Resolution No. 08 -R -25 - Consideration and /or action
regarding acquisition of a sewer line easement and a temporary construction easement from
Cynthia Hernandez and William D. Bailey; resolution authorizing acquisition by purchase,
or resolution authorizing acquisition by condemnation, following the Executive Session.
(M. Spain)
Mayor Baldwin recognized Mayor Pro Tern Trayhan who moved, seconded by Council
Member Carpenter to approve Resolution No. 08 -R -25 changing Comal to Guadalupe. The
vote was 41110 with Council Member Scagliola voting no. Motion Carried
9. Take any additional action deemed necessary as a result of the Executive Session.
No further action taken
ADJOURNMENT
As there was no further action, Mayor Baldwin adjourned the greeting at 8:36 p.m.
Hal BAidwin, Mayor
ATT LC
Brenda Dennis, TRMC, CM City Secretary
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May 13, 2008