08-18-09 MINUTES
REGULAR MEETING
August 18, 2009
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on
August 18, 2009 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 Jim Fowler
Councilmember David Scagliola Councilmember Tony Wilenchik
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
Councilmember John Trayhan was absent.
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.
Mayor Pro-Tem Fowler gave the invocation followed by the Pledges of Allegiance to the
Flags of the United States and State of Texas.
Introductions -New Employees, Promotions (Fire Department)
• Sean Murphy and Richard Warner -new employees
Mayor Baldwin recognized Fire Chief David Covington who introduced Sean Murphy
and Richard Warner who joined the Fire Department. Mayor and Council welcomed
them to the City of Schertz.
• Clint Williams promoted to Lieutenant
• John Perry promoted to Inspector
Fire Chief Covington introduced Clint Williams who was recently promoted to
Lieutenant and John Perry who was recently promoted to Inspector. Mayor and
Council congratulated them on their recent promotions.
Presentation
• Recognition of Library Employees. (G. Douglas)
8-18-09 Minutes
Mayor Baldwin recognized Library Director Gail Douglas who introduced the
following Library Employees: Melissa Uhlhorn, Karen Bowerman, Geraldine Chance,
Sandra Deady, Regina Gutierrez, Stacy Haugen, Catherine Johnson, Lisa Neuburger,
Ellen Regnier, Claudia Robinson, Nicki Stohr, Pamela Streton, Carmelita Wages and
Thomas Enright.
HEARING OF RESIDENTS
Mayor Baldwin recognized Henry Gutierrez, Bexar Waste, who spoke on
residential recycling.
Mayor Baldwin recognized seven year old Austin Plante, 2945 White Pine Drive, and
also a student of Kung Jung Mu Sul who announced the upcoming "Stranger Danger
Event" which will be held on Saturday, August 29, 2009 from 1 to 3 p.m., at Kung
Jung Mu Sul, 1196 FM 78. Mayor Baldwin presented a certificate of appreciation to
Austin for coming and speaking to the Council.
1. Minutes -Consideration and/or action regarding the approval of the minutes of the
Regular Meeting of August 11, 2009.
Mayor Baldwin recognized Mayor Pro-Tem Fowler who asked that two (2) typos
be corrected: (1) under employee recognition, please correct the word seen to be
- scene; and (2) under Item 1, where Mayor Baldwin recognized City Manager Don
Taylor, fifth sentence change the word every to ever.
Mayor Baldwin recognized Mayor Pro-Tem Fowler who moved, seconded by
Councilmember Wilenchik to approve the minutes of the regular meeting of August
11, 2009 with the corrections noted above. Vote was Vote 3-0-1. Councilmember
Carpenter abstained. Motion Carried.
2. October 6, 2009 -National Night Out -Discussion and possible action regarding
cancelling the October 6, 2009 City Council Meeting to allow Council Members to
attend the various neighborhoods during National Night Out. (D. Harris)
Mayor Baldwin recognized Assistant City Manager David Harris who introduced
this item stating that as in the past the City Council has cancelled their meeting to
enable each Councilmember to attend the various National Night Out Celebrations.
Mr. Hams also stated that he would like the Council to consider meeting on the 5~'
Tuesday in September.
Mayor Baldwin recognized Councilmember Scagliola who moved, seconded by
Councilmember Wilenchik to approve cancelling the October 6, 2009 City Council
. meeting and rescheduling it to the fifth Tuesday, September 2009 meeting.. Mayor
Baldwin recognized Councilmember Wilenchik who asked if Council could vote on
the item of meeting on the fifth Tuesday since it was not posted to take action. City
Attorney Michael Spain addressed the Council stating that he did not believe that
the Council had to take action to meet on the fifth Tuesday; therefore,
Councilmember Scagliola restated his motion; that he moved, seconded by
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Councilmember Wilenchik to approve cancelling the October 6, 2009 City Council
meeting. The vote was unanimous. Motion carried.
3. City of Schertz 2010 Master Calendar -Consideration and/or action approving
the City of Schertz 2010 Master Calendar. (D. Harris/S. Gonzales)
Mayor Baldwin recognized Assistant to the City Manager Sarah Gonzales who
introduced this item answering questions from Council. Ms. Gonzales stated that
each year staff drafts a Master Calendar that serves as a planning tool for the
upcoming year. Ms. Gonzales stated, that staff recommends Council approval of
the Master Calendar with the following considerations:
• Cancel the October 5, 2010 Council Meeting due to Texas National Night Out and,
• Consider cancelling the October 26 Council Meeting as it occurs the day before the
Texas Municipal League Conference scheduled in Corpus Christi, October 27-29,
2010.
Additionally, fifth-week Tuesday City Council Meetings are not scheduled in 2010
and are still open to the discretion of the Mayor and Council.
Mayor Baldwin recognized Councilmember Carpenter who stated that he does read
items given to Council and still thinks it is amusing that Elvis's birthday is on the
official calendar.
Mayor Baldwin recognized Mayor Pro-Tem Fowler who moved, seconded by
Councilmember Wilenchik to approve the 2010 Master Calendar. The vote was
unanimous. Motion carried.
4. Resolution No. 09-R-40 -Consideration and/or action approving a resolution
amending the AT&T Antenna Tower Lease Agreement. (M. Spain)
Mayor Baldwin recognized City Attorney Michael Spain who introduced this item
stating the City's designated representative, Charmain Sanchez, has negotiated an
amendment to the telecommunications antennas lease with AT&T Mobility Texas,
LLC at the City's water tank site at 1057 Live Oak Road. AT&T wants to place
additional equipment on the City's water tank. The annual rental to be paid to the
City over the 20-year term of the lease will increase by a total of $131,552.35.
Mayor Baldwin recognized Mayor Pro-Tem Fowler who moved, seconded by
Councilmembers Wilenchik and Scagliola to approve Resolution No. 09-R-40.The
vote was unanimous. Motion carried.
5. Bid # 09-PW-25-C-06 -Rural Roads, Phase I -Consideration and/or action
awarding a bid to Wagner Materials & Construction with a bid amount of
$1,414,578.74 for the Rural Roads Phase I Project. (L. Dublin)
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Mayor Baldwin recognized City Engineer Larry Dublin who introduced this item
answering questions from Council. Mr. Dublin stated as part of the 2006 Street ~
Bond Election, the City designated funding for rehabilitation of Rural Roads
throughout the City. The Reconstruction of Lower Seguin Road, Boenig, and North
Greytown is the first project in this area. The project was bid on July 30, 2009 with
eleven (11) contractors submitting. A tabulation of the bids was attached showing
the low bidder to be Wagner Materials & Construction with a bid of $1,414,578.74.
As bid, the project consists of construction of new drainage structures, new roadside
ditches, driveways, and a new pavement section. The City Engineer concurs with
Don McCrary & Associates, Inc. recommendation that Council award the bid for
the Rural Roads Phase I Project to Wagner Materials & Construction, in the amount
of $1,414,578.74.
Mayor Baldwin recognized Mayor Pro-Tem Fowler who asked about Wagner's
track record and history with the city, Mr. Dublin stated that Wagner has completed
two projects recently; (1) Lone Oak Subdivision and Savanah and (2) Woodland
Oaks and Dimrock as well as rural road work around the area and that he
recommends them for this project. Mr. Dublin also addressed Mr. Fowler's
clarification regarding tack coat for .O1 cents. Mr. Dublin stated that he knows
Steve Wagner and that he always bids .Ol cents on tack coat and it is essential in the
project.
Mayor Baldwin recognized Councilmember Scagliola who asked if Ware Seguin
Road was part of this phase 1 or was this done prior. Mr. Dublin stated that the
portion of Ware Seguin along FM 1518 was done as an MPO project by TexDot
five years ago. Councilmember Scagliola requested that there be an overlay on the
projects so that he can see what road projects the city is currently working on, this
would allow him to see the progress that is being made in the city.
Mayor Baldwin recognized Councilmember Scagliola who moved, seconded by
Mayor Pro-Tem Fowler to award the bid to Wagner Materials & Construction, in
the amount of $1,414,578.74 for the Rural Roads Phase I Project. Vote was
unanimous. Motion CaNried
Mayor Baldwin adjourned into executive session at 7:05 p.m.
EXECUTIVE SESSION
Called under Section 551.071 Litigation, pending litigation; Section 551.072 Texas
Government Code -Deliberation regarding the purchase, exchange, sale, lease, or value
of real property.
Mayor Baldwin reconvened into regular session at 7:18 p.m.
RECONVENE TO REGULAR SESSION
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6. Take any action deemed necessary as a result of the Executive Session.
No action taken.
Requests and Announcements
7. Requests by Mayor and Councilmembers that items be placed on a future City
Council agenda.
No requests given.
8. Requests by Mayor and Councilmembers to City Manager and Staff for
information.
No requests given.
9. 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
Mayor Baldwin recognized Mayor Pro-Tem Fowler who stated that he has had a
discussion with a church member that lives around the Crescent Bend Park area and
he is concerned because he has witnessed drug use in the park. Mayor Pro-Tem
Fowler has asked the citizen and anyone else to come and address their concerns to
the City Council.
Mayor Baldwin recognized Councilmember Carpenter who stated that it was great
to be back in the State of Texas and good to be back from vacation.
Mayor Baldwin stated that he wanted to remind everyone that on Friday, August
21, 2009 at 5:00 p.m. the City would officially be opening the Kramer House and
Schertz Chamber of Commerce office and extended and invitation for everyone to
come out. Mayor Baldwin stated that one of the interesting things that the City
discovered was that the Kramer House was a more than 100-year-old farm house
and original homestead built and owned by an original settler of Schertz by the
name of Johann Boettinger. Mayor Baldwin stated that Johann was the great great
great grandfather of Viola and Oscar Kramers daughter, six generations of
Boettingers have lived in the house.
10. Announcements by City Manager
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• Recognition of City employee actions
• New Departmental initiatives
Mayor Baldwin recognized Assistant City Manager John Bierschwale who asked
everyone to keep the family members of Kimberly Trayhan who recently lost her
mother -and to keep the family members of CCMA Manager David Dennis who
recently passed away in their prayers.
ADJOURNMENT
As there was no further action, Mayor Baldwin adjourned t meeting at 7:24 p.m.
Hal Baldwin, Mayor
ATTEST:
Bren a Dennis, TRM , CMC City Secretary
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