Loading...
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 -