10-14-08
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MINUTES
REGULAR MEETING
October 14, 2008
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on October
14, 2008 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-Tern Tony Wilenchik
Council Member Jim Fowler Council Member David Scagliola
Council Member John Trayhan Council Member Michael Carpenter
Staff Present: Assistant City Manager John Bierschwale
Assistant City Manager David Harris Deputy City Secretary Mary Ybarra
City Attorney Michael Spain
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.
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:
. Francis Rushing, Schertz Chamber of Commerce President, who announced the following:
- Shop Schertz Showcase-Taste of the Town, October 18,2008 at the Civic Center.
- October 31, 2008 monthly meeting: Marty Winder, Chairman of the San Antonio
Chamber of Commerce will be the speaker.
- Ribbon cutting for the Frost Bank-October 21,2008.
. Bob Wicks 210 Maple Drive who addressed the Council regarding FEMA mapping
revisions and its effects on insurance rates. City Attorney Michael Spain suggested placing
this item on a future agenda for discussion; Council consensus was to place this item on the
agenda two weeks from tonight.
. David Richmond, Planning and Zoning Chair, who thanked Council on the reappointment
of four members to the commission. He appreciates the recognition of these four members.
. Robert Brockman, 1000 Elbel Road who thanked Council for stopping by apartment
complex on National Night Out, October 7, 2008; he mentioned that Schertz Tales no
longer includes calendar events; he inquired if Robert Rules of Order are followed by all
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October 14,2008
boards and commissions. City Attorney Michael Spain clarified that Council has adopted
its own procedures to include Modern Rules of Order.
. Rosemary Grayson, 5213 Cabana Drive who addressed the Council regarding TSAC By-
laws and suggested including pedestrian uses.
ANNOUNCEMENTS
. General Announcements on meetings/events attended and upcoming events (Council)
. General Announcements on meetings/events attended and upcoming events (Mayor)
Council General Announcements:
Mayor Pro-Tem Wilenchik
. None
Council Member Carpenter
. None
Council Member Fowler
. Mentioned be believes National Night Out did not get much advertising, and added that the
proclamations presented to the HOA's were well received. - .
Council Member Scagliola
. Mentioned that SchertzFest and National Night Out were great events, he thanked Chris
Lewis for his efforts; Pickrell Park has set up the Pumpkin Patch, stop by and pick out your
pumpkin for Halloween.
... . Council Member Trayh'an .
. Thanked everyone for two great events; SchertzFest and National Night Out.
Mayor Baldwin
. Mentioned the Historical Committee is meeting this Thursday, October 16, 2008.
REGULAR AGENDA
1. Minutes - Consideration and/or action regarding the approval of the minutes of the Regular
Meeting of September 23,2008.
Mayor Baldwin recognized Council Member Trayhan who moved, seconded by Mayor
Pro-Tern Wilenchik to approve the minutes of September 23, 2008. Vote was unanimous.
Motion Carried
2. Ordinance No. 08-D-47 - Consideration and/or action amending Ordinance No. 07-D-15
revising the school zone boundaries. Final Reading (M. Harris)
Mayor recognized Assistant Chief Michael Harris who introduced this item answering
questions from Council. Mayor Baldwin recognized Council Member Carpenter who moved,
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seconded by Mayor Pro-tem Wilenchik to approve Ordinance No. 08-D-47 final reading.
Vote was unanimous. Motion Carried
3. TSAC Revised By-Laws & Board Member Appointments - Consideration and/or action
approving the revised TSAC By-Laws and appointment of Board Members. (L. Dublin)
Mayor recognized City Engineer Larry Dublin, who introduced this item answering
questions from Council. After considerable discussion regarding alternate member position
and appointment, it was Council consensus that TSAC review the revised by-laws and have
the item brought back at a future agenda.
At this time, Council considered the appointment of Kevin Bean, high school liaison.
Mayor Baldwin recognized Council Member Scagliola who moved, seconded by Mayor
Pro-Tern Wilenchik to appoint Kevin Bean, high school liaison to the TSAC Board.
Vote was unanimous. Motion Carried
4. Bid #08-PW-31-S-02 - East Live Oak Water Plant Improvement - Consideration and/or
action awarding the East Live Oak Water Plant Improvement project. (L. Dublin)
Mayor Baldwin recognized City Engineer Larry Dublin, who introduced this item
answering questions from Council.
Mayor Baldwin recognized Council Member Trayhan who moved, seconded by Council
Member Carpenter to award the bid to Central Road and Utility, Ltd in the amount of
$3,197,658.00 for the East Live Oak Water Plant Improvements. Vote was unanimous.
Motion Carried
.
5. Bid #08-PW-35-S-01 - Westchester Drive Extension - Consideration and/or action
awarding a bid for the Westchester Drive Extension. (L. Dublin)
Mayor Baldwin recognized City Engineer Larry Dublin who introduced this item
answering questions from Council.
Mayor Baldwin recognized Council Member Fowler who moved, seconded by Mayor Pro-
Tem Wilenchik to award the bid to R.L. Jones LP in the amount of $368,698.00
for the Westchester Drive Extension. Vote was unanimous. Motion Carried
6. Bid #08-PW-36-C-Ol- Deer Haven Street Reconstruction - Consideration and/or action
awarding a bid for the Deer Haven Street Reconstruction. (L. Dublin)
Mayor Baldwin recognized City Engineer Larry Dublin who introduced this item
answering questions from Council.
Mayor Baldwin recognized Council Member Carpenter who moved, seconded by Mayor
Pro-Tem Wilenchik to award the bid to D & D Contractors in the amount of $715,427.30
for the Deer Haven Street Reconstruction. Vote was unanimous. Motion Carried
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7. Public Library Interlocal Agreement (Guadalupe County) - Consideration and/or
action approving an Interlocal Agreement with Guadalupe County for Library Services.
Mayor Baldwin recognized Assistant City Manager David Harris who introduced this item
answenng questions from Council. After significant discussion, regarding
advantages/disadvantages on acceptance or declining funding from the County, Mayor
Baldwin recognized Council Member Carpenter who moved, seconded by Council
Member Trayhan to postpone the Public Library Interlocal Agreement with Guadalupe
County for Library Services until the next regular meeting. Vote was unanimous. Motion
Carried
8. Ordinance No. 08-D-48 - Consideration and/or action revising Section 86-41(b) three-
way stops. (Cherry Tree Drive and Turnabout Loop) First Reading (L. Dublin)
Mayor Baldwin recognized City Engineer Larry Dublin who introduced this item
answering questions from Council.
Mayor Baldwin recognized Council Member Trayhan who moved, seconded by Council
Member Carpenter to approve Ordinance No. 08-D-48 on first reading. Vote was
unanimous. Motion Carried
9. 8SLGC Interlocal Agreement - Off-Peak Water Sales - Consideration and/or action
approving an Interlocal Agreement for Off-Peak Water Sales. (A. Cockrell)
Mayor Baldwin recognized Assistant City Manager Bierschwale who introduced this item
answering questions from Council.
Mayor Baldwin recognized Council Member Carpenter who moved, seconded by Council
Member Trayhan to approve SSLGC Interlocal Agreement for Off-Peak Water Sales. Vote
was 4-1 with Mayor Pro-tem Wilenchik Abstaining. Motion Carried
10. Resolution No. 08-R-47 - Consideration and/or action supporting the Texas Rail
Relocation and Improvement Fund. (Mayor Baldwin)
Mayor Baldwin introduced this item providing background on the issue. After considerable
discussion, regarding such issues as traffic, freight mobility, and other concerns, Mayor
Baldwin recognized Council Member Trayhan who moved, seconded by Council Member
Scagliola to approve Resolution No. 08-R-47. Vote was 4-1 with Council Member
Carpenter voting no. Motion Carried
11. Resignations/ Appointment/Reappointment to Boards and Commissions/Committees -
Consideration and/or action regarding resignations appointments/reappointments to Boards
and Commission/Committees.
. Resignation of Larry Brenner - Historical Preservation Committee
. Appointment of Andreas Wooten - Historical Preservation Committee
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Mayor Baldwin introduced this item and asked for a motion. Mayor Baldwin recognized
Council Member Scagliola who moved, seconded by Council Member Fowler to accept the
resignation of Larry Brenner. Vote was unanimous. Motion Carried
Mayor Baldwin recognized Council Member Scagliola who moved, seconded by Mayor
Pro-Tem Wilenchik to appoint Andreas Wooten to the Historical Preservation Committee.
Vote was unanimous. Motion Carried
ANNOUNCEMENTS - CITY MANAGER AND STAFF
. General Announcements on meetings/events attended and upcoming events
Assistant City Manager Bierschwale reported on an opinion by Attorney General Office; being
more specific under items such as "General Announcements".
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 adjourned the regular meeting into Executive Session at 7:58 p.m.
RECONVENE TO REGULAR SESSION
Mayor Baldwin reconvened into regular session at 7:40 p.m.
. - - 12. - Take any action deemed necessary as a result of the Executive Session.
Mayor Baldwin recognized Council Member Trayhan who moved, seconded by Mayor Pro-
Tem Wilenchik to approve the purchase of .182 acre temporary sewer line construction
easement from Conor and Corbin Shullanberger for $500. Vote was unanimous. Motion
Carried
Mayor Baldwin recognized Council Member Trayhan who moved, seconded by Mayor Pro-
Tem Wilenchik to approve the purchase of .173 acre temporary sewer line construction
easement and .069 acre permanent sewer line easement from Virgil and Antoinette Batey for
$2,000. Vote was unanimous. Motion Carried
Mayor Baldwin recognized Council Member Trayhan who moved, seconded by Mayor
Pro-Tem Wilenchik to approve the purchase of .113 acre temporary sewer line construction
easement from Joseph Hendrix for $750. Vote was unanimous. Motion Carried
Mayor Baldwin recognized Council Member Scagliola who moved, seconded by Council
Member Fowler in connection with the Dietz Creek Drainage Project, to purchase Lot 6,
Block 29, Live Oak Hills Subdivision from Jorge and Flor Infante for $5,000 and rescind
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condemnation proceedings when the closing occurs. Vote was unanimous. Motion
Carried
MAYOR BALDWIN ASKED THAT ITEM 7 FROM ABOVE BE BROUGHT BACK
FOR FURTHER CONSIDERATION AFTER EXECUTIVE SESSION.
7. Public Library Interlocal Agreement (Guadalupe County) - Consideration and/or
action approving an Interlocal Agreement with Guadalupe County for Library Services
Mayor Baldwin recognized Mayor Pro- Tem Wilenchik who moved, seconded by Council
Member Carpenter to reopen item 7 for consideration. Vote was unanimous. Motion
Carried
Mayor Baldwin recognized Library Director Gail Douglas and Manager Melissa Uhlhorn
who informed Council on the outcome of the Cibolo Council meeting, where they made a
pitch for library service funding from the City of Cibolo. Ms. Douglas stated that the
Mayor from Cibolo informed that the city budget had already been approved and that the
city could not afford to give Schertz money for Library Services. After considerable
discussion, Mayor recognized Council Member Trayhan who moved, seconded by Council
Member Carpenter to approve an Interlocal Agreement with Guadalupe County for Library
Services in the amount of$173, 045. Vote was 4-1, with Mayor Pro-Tern Wilenchikvoting
no. Motion carried.
ADJOURNMENT
As there was no further action, Mayor adjourned the meeting at 9:00 p.m.
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Hal Baldwin, Mayor
ATTEST:
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October 14,2008