02-15-2011 MinutesMINUTES
REGULAR MEETING
February 15, 2011
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on
February 15, 2011, at 6:00 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 Michael Carpenter
Councihnember Jim Fowler Councilmember David Scagliola
Councilmember George Antuna Councilmember Cedric Edwards
Staff Present: City Manager Don Taylor Assistant City Manager Sohn Bierschwale
Assistant City Manager David Harris City Secretary Brenda Dennis
Deputy City Secretary Cynthia Raleigh
CALL TO ORDER REGULAR MEETING
Mayor Baldwin called the meeting to order at 6:04 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.
Hearing of Residents
Mayor Baldwin recognized Ms. Maggie Titterington, President, Schertz Chamber of
Commerce (SCOC), who presented an update to Council regarding the membership of
the SCOC. She also reminded Council of the Business Expo that is forthcoming next
week at the Live Oak Civic Center. Ms. Tittering provided information on the activities,
meetings, and classes that will be taken place in the Chamber of Commerce office.
Mayor Baldwin recognized Ms. Diana Taylor, Board Member of the Fairhaven HOA,
who resides at 5505 Columbia Drive, Schertz, Texas asking Council if the homes on
Fairhaven and Columbia were built on a vacant landfill. City Manager, Don Taylor
stated that the area is not a vacant landfill. Ms. Taylor stated that some of the homes are
shifting causing multiple issues such as foundation cracking. Mr. Taylor advised Ms.
Taylor that she needs to meet with our City Engineer, Larry Dublin regarding the water
tables that are under the lots that might be causing these issues. Ms. Taylor questioned
the City inspections and how they are done; Mr. Taylor advised that our inspections are
being done based on the State and National BuildinglInspection Codes. Mayor Baldwin
suggested that all residents that are having issues need to have the items xecorded and
brought to the attention of Pulte. Mr. Taylor offered to facilitate this meeting between
the residents and Pulte. Michael Spain recommended that residents act before their
warranties have expired. Ms. Taylor also requested a speed hump be placed on Columbia
to help with speeding issues. Mr. Taylor indicated he would get with the Police
Department on the speeding issue.
02-15-2012 Minutes
Mayor Baldwin recognized "Grumpy" who thanked Mr. Taylor for his years of service
and thanked the Council for their work on the water fountains on Schertz Parkway.
Consent A enda litems
Mayor Baldwin recognized Mayor Pro-Tem Carpenter who asked if agenda items 1, 2 and 3
could be put on consent. Mayor and Council concurred.
L Minutes -Consideration and/or action regarding the approval of the minutes of the
Regular Meeting of February S, 2011.
2. Boards and Commissions - Presentation/Discussion and consideration andlor action
regarding changing the Boards and Commission renewal dates to November of each year
and amending Boards and Commission By-laws. (C. Raleigh)
3. Ordinance No. 11.-A-03 -Consideration and/or action approving an ordinance concerning
the annexation of approximately, 2.6 +/- acres of land located South of Interstate 35 along
the City's Northeastern Boundary, in Guadalupe County, Texas. First Reading {M. Spain}
Mayor Baldwin recognized Mayor Pro-Tem Carpenter who moved, seconded by
Councilmember Fowler to approve items 1, 2 and 3 as consent agenda items. The vofe was
unanimous. Motion Carried.
Discussion andlor Action lltems
4. Ordinance No. ].1-5-04 -UDC Revision - Conduct a public hearing and consideration
and/or action revising the City of Schertz Unified Development Cade (UDC) by placing a
moratorium on the filing of Master Plans and Subdivision Plats relating to land in the
City's Extraterritorial Jurisdiction and declaring an emergency. First and Final Reading
(M. Sanchez.)
Mayor Baldwin recognized Development Services Director Michelle Sanchez who
introduced this item stating that action requested of Council approves a one-year
moratorium on filing andlor acceptance of any new subdivision master plans andlor
subdivision plates for property located in the City's Extraterritorial Jurisdiction, unless a
waiver is granted by City Council.
She stated in connection with possible revisions to the Unified Development Code, the
Comprehensive Land Plan, and the City's Strategic Plan, the City Manager has requested
that an immediate moratorium be placed on the filing andlor acceptance of any new
subdivision master plans and/or subdivision plats for property located in the City's ETJ
unless a specific waiver is granted by the City Council. As a modification of the Unified
Development Cade, such action, if taken, is required to be by ordinance following two
public hearings (one by Platuling & Zoning and one by City Council) and a
recommendation of approval by Planning & Zoning. Plamung & Zoning conducted their
public hearing on February 9, 2011. Staff recommends approval of Ordinance No. 11-5-
04 first and final reading and declaring and emergency.
Councilmember Scagliola recommended that the Council change the necessary vote as
supermajority, instead of a regular majority when approving a specific waiver during this
02-15-2011 Minutes Page - 2 -
one year tune period due to the special restriction that is being place on development in
this area. Councilmember Fowler did not support this decision due to making it difficult
to pass a waiver if necessary. Discussion continued regarding this issue with City
Attorney Michael Spain and Council.
Mayor Baldwin opened the public hearing and recognized Robert Brockman, 1001 Elbel
Road who asked what the effective date of this ordinance would be. City Attorney,
Michael Spain advised that the effective date would be today. As no one else spoke;
Mayor Baldwin closed the public hearing.
Mayor Baldwin recognized Councilmember Scagliola who moved that the ordinance be
approved with the provision that waivers by Council must be approved by a super
majority vote, motion failed for Lack of a second.
Mayor Baldwin recognized Mayor Pro-Tem Carpenter who rFioved, second by
Councilmember Scagliola to approve Ordinance No. 11-5-04, with deleting the portion in
Section 1 of the ordinance that reads "unless a specific waiver is granted by the City
Council" first and final reading and declaring an emergency. The vote was unanimous.
Motion Carried.
EXECUTIVE SESSION
Called under Section 551.071 Texas Government Code Consultation with City Attorney
regarding Litigation, pending litigation; Section 551.072 Texas Government Code -
Deliberation regarding the purchase, exchange, sale, lease, or value of real property and
Section 551.074 the appointment, employment, evaluation, reassignment, duties, discipline,
or dismissal of the City Manager.
Mayor Baldwin adjourned into executive session at 6:30 p.m.
Mayor Pro-Tem Carpenter deft at 6:50 p.rr~
RECONVENE TO REGULAR SESSION
Mayor Baldwin reconvened into regular session at 8:05 p.m.
5. Take any action deemed necessary as a result of the Executive Session.
No action taken.
Re uests and Announcements
6. Requests by Mayor and Councilmembers that items be placed on a fixture City Council
agenda.
No items were requested.
7. Requests by Mayor and Councihnembers to City Manager and Staff for information.
No items were requested,
02-15-2011 Minutes Page - 3 -
8. Announcements by Mayor and Cauncilmembers
• City and community events attended and to be attended
• City Council Committee and Liaison Assignments (see assignments below)
• Continuing education even#s attended and to be attended
• Recognition of actions by Ciry employees
• Recognition of actions by community volunteers
• Upcoming City Council agenda items
Mayor Baldwin recognized Councilmember Scagliola who stated he attended the Schertz
Chamber meeting today and thanked Ms. Titterington.
Mayor Baldwin xecognized Cauncilmember Antuna who announced that at the Seguin
City Council meeting this evening, they are looking at implementing a plastic bag free
community. Councilmember Antuna requested staff to continue looking into this issue,
obtaining additional information from the City of Seguin, and bring an item back to
Council at a future date to implement Schertz being a plastic bag free community.
Mayor Baldwin announced the ribbon cutting ceremony tomorrow, Wednesday at 11:00
a.m. for the Schertz Centex North, 3501 Morning Drive.
9. Announcements by City Manager
Mayor Baldwin recognized City Manager Don Taylor who announced that on April 8,
2011 the Ha! Baldwin Scholarship Committee will be hosting a Golf Tournament to
support the program and that more details will follow.
Mayor Baldwin recognized Assistant City Manager John Bierschwale announced the
upcoming Wilenchik Walk for Life, which will be March 5, 2011; his goal is to raise over
$28,000 this year. Mr. Bierschwale stated that he will be briefing the Council next week.
ADJOURNMENT
As there was no further action, Mayor Baldwin
meeting at 8:10 p.m.
ATTEST:
Brenda Dennis, TRMC, MMC City Secretary
02-15-2011 Minutes Page - 4 -