07-03-2007-Regular
MINUTES
REGULAR SESSION
JULY 3, 2007
The Schertz City Council convened in Regular Session on Tuesday, July 3, 2007 at 6:30
p.m. in the Municipal Complex Council Chambers, 1400 Schertz Parkway Building #4,
Schertz, Texas. The following members were present: Mayor Hal Baldwin presiding,
Mayor Pro Tern David L. Scagliola, Councilmembers Jim Fowler, John Trayhan, Tony
Wilenchik and Michael Carpenter. Also present were City Manager Don Taylor,
Assistant City Manager John Bierschwale, Assistant City Manager David Harris, Special
Projects Coordinator Brad Gildea, Director of Development Services Leonard Truitt, City
Secretary Judy Tokar and City Attorney Michael Spain.
#1 CALL TO ORDER.
Mayor Baldwin called the meeting to order at 6:30 p.m.
#2 PLEDGES OF ALLEGIANCE TO THE UNITED STATES AND STATE
OF TEXAS (Honor the Texas flag; I pledge allegiance to thee, Texas, one and
indivisible).
Both pledges were recited.
#3 INTRODUCTION OF EMPLOYEES: Emergency Medical Service
Department
This item was postponed to another meeting.
#4 HEARING OF RESIDENTS.
Robert Brockman, 1000 Elbel Road, asked about the status of the foot bridge to the
school parking lot.
#5 PUBLIC HEARING:
Mayor Baldwin opened the public hearing at 6:35 p.m.
A) Hold a second public hearing on proposed annexation of 194.56 acres tract of land
out of the John Noyes Survey No. 259, Abstract No. 253, Guadalupe County,
Texas and out of the Carrol M. Gahogan, Jr. Survey Number 25, Abstract 142,
Guadalupe County, Texas located at the southwest corner of Eckert Road and
Froboese Road. (L. Truitt)
Leonard Truitt, Director of Development Services said this was the second public hearing
required by law on the Rolling Oaks Ranch. There was nothing to add.
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No public comment.
B) Hold a second public hearing on proposed annexation of 35.874 acres of land out
of the Miles S. Bennett Survey No. 75, Abstract 61, County Block 5057, Bexar
County, Texas located at the terminus of Hillbrook Drive and adjacent to FM
1518 approximately 2,200 feet south of the intersection of FM 1518 and Schaefer
Road. (L. Truitt)
Leonard Truitt, Director of Development Services, said this was the second public
hearing required by law on the Junior High School property. There was nothing to add.
No public comment.
Mayor Baldwin closed the public hearings at 6:40 p.m.
ACTION ITEMS:
#6 Approve Regular Session Minutes of May 22,2007 and May 29,2007.
Councilmember Wilenchik made a motion, seconded by Councilmember Trayhan, to
approve the minutes of May 22, 2007 and May 29, 2007 as corrected. The motion
carried 5-0 and the vote was as follows:
AYES: Councilmembers Fowler, Scagliola, Trayhan, Wilenchik and Carpenter.
NA YES: None.
#7 BID: Discussion and action on bid award for the IH35 12" water line extension.
(S. Willoughby)
Sam Willoughby, Public Works Director, said four bids were received and recommends
awarding the contract to ASC Paving.
Councilmember Trayhan made a motion, seconded by Councilmember Wilenchik, to
award the bid for 2,000 feet of 12" water line extension to ASC Paving as the lowest
bidder in the amount of $129,084.78. The motion carried 5-0 and the vote was as
follows:
A YES: Councilmembers Fowler, Scagliola,Trayhan, Wilenchik and Carpenter.
NA YES: None.
#8 BID: Discussion and action on bid award for the Schwab Road realignment. (S.
Willoughby)
Sam Willoughby, Public Works Director, said three bids were received and recommends
Winco Contractors, Inc. as the lowest and best qualified bidder.
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Mayor Pro Tern Scagliola made a motion, seconded by Councilmember Trayhan, to
award the bid for the Schwab Road realignment to Winco Contractors, Inc. in the amount
of $1,645,578.60 and authorize the City Manager to award the bid, subject to resolving
some issues. The motion carried 5-0 and the vote was as follows:
A YES: Councilmembers Fowler, Scagliola, Trayhan, Wilenchik and Carpenter.
NA YES: None.
#9 Discussion and action on the Bexar Metro 9-1-1 District Fiscal Year 2008
proposed budget. (D. Wait)
Dudley Wait, EMS Director, presented a PowerPoint overview of the Metro 9-1-1
budget. Along with Mr. Wait's conversation with the Northeast Partnership cities and
his recommendation, it has been determined that it is in the best interest of the public
safety, emergency preparedness, and future growth for the region, to initiate simulcasting
of the City of Live Oak's radio system and to provide for the addition of two (2) radio
tower sites. He is asking for 80% of the cost to simulcast the City of Live Oak's radio
system not to exceed $2M of 9-1-1 monies. The balance of the monies will be acquired
with matching funds not to exceed $500,000.00.
Mr. Wait feels this request is essential for the continued success of the public safety
response system for the agencies in the northeast section of Bexar County as well as
Comal and Guadalupe Counties.
Councilmember Wilenchik made a motion, seconded by Councilmember Trayhan, to
approve the Bexar Metro 9-1-1 District Fiscal Year 2008 proposed budget with the
comment that $2M be allocated to simulcast the City of Live Oak's 800MHz radio
system and provide two (2) additional radio tower sites. The motion carried 5-0 and the
vote was as follows:
A YES: Councilmembers Fowler, Scagliola, Trayhan, Wilenchik and Carpenter.
NA YES: None.
#10 APPOINTMENT: Discussion and action to appoint members to the Board of
Adjustments. (L. Truitt)
Councilmember Trayhan made a motion, seconded by Councilmember Carpenter, to
reappoint Earl Hartzog and appoint Darlene Price to the Board of Adjustments. The
motion carried 5-0 and the vote was as follows:
AYES: Councilmembers Fowler, Scagliola, Trayhan, Wilenchik and Carpenter.
NA YES: None.
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#11 ORDINANCE: Discussion and action on final reading of an ordinance by the
City Council of the City of Schertz amending the Code of Ordinances of the City
by amending Chapter 34, Health, formerly Chapter 7 112, Health. (L. Truitt)
Ordinance No. 07-H-32
An ordinance by the City Council of the City of Schertz amending the Code of
Ordinances of the City by amending Chapter 34, Health, formerly Chapter 7 112, Health.
Councilmember Wilenchik made a motion, seconded by Councilmember Trayhan, to
approve an ordinance by the City Council of the City of Schertz amending the Code of
Ordinances of the City by amending Chapter 34, Health, formerly Chapter 7 112, Health.
The motion carried 5-0 and the vote was as follows:
A YES: Councilmembers Fowler, Scagliola, Trayhan, Wilenchik and Carpenter.
NAYES: None.
DISCUSSION ITEMS:
#12 Discussion on EMS write-offs. (D. Wait)
Dudley Wait, EMS Director, reviewed the requested write offs for the period October
2006 through March 2007. For this period he is requesting write-offs of$495,445.73 in
collection accounts, $24,078.78 in internal billing, and $554,380.21 in contractual
allowances. The total write-offs are $1,073,904.72.
#13 Discussion and update on various code violations. (L. Truitt)
Leonard Truitt, Director of Development Services, reported he met with the developer,
Larry Aiken and Richard Mott, Pulte Homes about the drainage issues in Kramer Farms
Subdivision. Mr. Aiken said fill was brought in to elevate the property to make it
developable and allow for drainage as best as they could. The fill was placed according
to the Master Grading Plan. Mr. Aiken explained the property was mass graded to
complete the extension of the drainage way upstream resulting in silting, which is a
continual problem. Pulte Homes is making adjustments to abate the silting in some areas,
by redesigning the drainage plan. Mr. Aiken said the drainage problems are being
addressed and will be fixed.
Councilmember Trayhan asked for a timeline on correcting and fixing the drainage
problems. Don McCrary, City Engineer, said most of the holdup fixing the problems are
delayed because of the rainy weather. It should be fixed in about six weeks.
Mr. Truitt said the burned out house at 601 Curtiss is in probate court because the
property owner died. A new owner is in the process of obtaining a new loan and applying
for a building permit. The new property owner has installed a chain link fence around the
property.
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#14 EXECUTIVE SESSION: Called under Chapter 551 Texas Government Code,
Sub-section 551.072 - Deliberation regarding Real Estate and Sub-section
551.074 regarding Personnel Matters - Deliberation on the appointment,
employment, evaluation, reassignment, duties, discipline, or dismissal of the
Municipal Court Judges and alternates and other matters effecting Municipal
Court and Sub-section 551.087 - Deliberation regarding Economic Development
Negotiations.
Addendum agenda listed Executive Session called under Chapter 551 Texas Government
Code, Sub-section 551.071 (a) Consultants with Attorney - Regarding to pending or
contemplated litigation.
An executive session was held from 7:35 p.rn. to 8:50 p.m.
#15 Actions, if any, on the subject of the above Executive Session.
Councilmember Carpenter made a motion, seconded by Councilmember Wilenchik, to
temporarily appoint John Hrncir and Stephen Takas as Municipal Judges and Roy
Richard, Jr. as alternate Municipal Judge. The motion carried 5-0 and the vote was as
follows:
AYES: Councilmembers Fowler, Scagliola, Trayhan, Wilenchik and Carpenter.
NA YES: None.
Mayor Baldwin introduced John Hrncir and Darrell Dullnig, City Prosecutor.
#16 Items by City Manager Taylor and Staff
David Harris, Assistant City Manager, has revised the phone roster and provided Council
a copy. The new main phone is 619-1000, and each department will have a main number
as well.
John Bierschwale, Assistant City Manager, reminded Council to be at the Schertz Bank
for the parade line up at 8:45 a.m.
#17 Items by Council
Councilmember Fowler
· Requested Mr. Taylor provide a list of the money given in lieu of parks by
date, if possible.
Mayor Pro Tern Scagliola
· Asked Council to consider cancelling the meeting on August 7th , National
Night Out to spend time with the neighborhoods.
· Requested that the City assure him the water rescues cost are being
recovered.
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Councilmember Trayhan
· Received a letter from Katherine Neely to reconsider future sewer costs
and asked staff respond to her.
Councilmember Wilenchik
· Asked for an agenda item to present the Doggie Dash certificates of
appreciation and t-shirts to the sponsors.
Councilmember Carpenter
· No Comment.
#18 Items by Mayor
· Announced the Randolph Metro Chamber of Commerce invited City
Council to attend the grand opening for a new motel in the City of Selma
on July 11 tho
#19 ADJOURNMENT
The meeting adjourned at 9:00 p.rn.
Mal BalClirin, Mayor
Attest:
~1~Ci~
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