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09-20-2011 MinutesMINUTES REGULAR MEETING September 20, 2011 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on September 20, 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 Councilmember David Scagliola Councilmember Cedric Edwards Staff Present: City Attorney Michael Spain CALL TO ORDER REGULAR MEETING Mayor Pro -Tem Jim Fowler Councilmember George Antuna Councilmember Michael Carpenter Assistant City Manager John Bierschwale Deputy City Secretary Cynthia Raleigh Mayor Baldwin called the meeting to order at 6 :00 p.m. and welcomed everyone in attendance. INVOCATION AND PLEDGES OF ALLEGIANCE TO THE FLAGS OF THE UNITED STATES AND STATE OF TEXAS. Mayor Pro Tern Fowler gave the invocation followed by the Pledges of Allegiance to the Flags of the United States and State of Texas. CITY EVENTS Announcements of upcoming City Events (D. Harris /J. Bierschwale) Mayor Baldwin recognized Assistant City Manager John Bierschwale who announced that the upcoming City Events item will be discussed in conjunction with item number two on the agenda. Hearing of Residents Mayor Baldwin recognized the following who spoke: • Bruce Touve, 5213 Brookline, who addressed the Council regarding the issues he and his neighbors have been experiencing with their homes and the builder, Pulte Homes. He indicated that his home has dropped and tilted 4 '/a inches. He has experienced issues with his waterline breaking and foundation issues. He would like to have answers from Pulte on what they will do to correct his problems. Kathy Squire, 5420 Storm King, and Diana Taylor, 5505 Columbia Drive, who also addressed the Council regarding the issues they and their neighbors have been experiencing with their home, and the builder, Pulte Homes. Ms. Squire believes that a cable has busted under her home, and has also experienced multiple waterline breaks within her home. She stated she also has a crack on the side of her home. Pulte has tunneled under her home for soil samples and has since refilled the holes without getting any results on the soil. She would like to know if permits should have been pulled by Pulte before they dug and performed this work. She indicated that a City employee advised her that these issues were between her and Pulte. Ms. Taylor advised the Council that Pulte is working behind her 04 -20 -2011 Minutes house and using large equipment to clear land and build up soil on the back side of her home. She provided pictures to the Council. She is complaining about the noise from the truck as well as the removal of trees from the area. Pulte has told her that they are working with the City Engineer on this problem. Her house continues to shift backwards. She also has complained about a retaining wall that is 75 feet that was built by Pulte on Smokey Point. Many of her neighbors are experiencing these issues. She believes that her neighborhood is unsafe. She would like help from the City to find out answers from Pulte. John Stokes, 5403 Storm King, who came in support of the other homeowners in the area regarding the issues that they are having with Pulte. He is not experiencing any problems with his home, but he does believe that since other homes are depreciating in value, his home will depreciate as well. He requests that Pulte communicate with the residents and would like help from the City to accomplish this request. Mayor Hal Baldwin advised the residents that they should contact the appraisal district and let them know of the damages occurring with their homes so that the value can be adjusted and therefore taxes can be reduced. Mayor Baldwin requested that City Engineer Larry Dublin, comment on some of the issues that were mentioned by the residents. City Attorney Michael Spain indicated that since this is not an agenda item, that only fact and policy may be discussed at this time. He recommended that the residents contact the City Marshals office regarding their concerns on safety. Mr. Dublin informed the Council that Pulte is aware of the issues that they have in the area. He stated that Pulte had brought a plan to Public Works and the Engineering Department and had asked for the City's approval; however, the City does not approve or disapprove these types of plans, but Mr. Dublin did tell Pulte that if their engineer does believe this plan will work, that they should try to correct the issues. Mr. Dublin does believe that the problem lies with communication from Pulte to the homeowners. Mayor Baldwin recognized Councilmember Scagliola who stated that the Scenic Hills subdivision was experiencing issues with noise and after hour work. The City Marshals office did put a stop to this for them and can help Fairhaven with the noise issue as well. The City did facilitate a meeting with Scenic Hills and Pulte and he recommends that the City facilitate a meeting with Pulte and Fairhaven as well. Mayor Baldwin asked if there was a City policy regarding the removal of trees. Mr. Dublin indicated that he is not aware if Pulte contacted Development Services; however, he did indicate that Pulte must comply with all rules and regulations. Mayor Baldwin recognized John Bierschwale, Assistant City Manager, who stated that he would contact Michelle Sanchez, Director of Development Services, in the morning regarding these issues. Hd also suggested that the homeowners contact the Better Business Bureau and the Attorney General's Office regarding their concerns. Mayor Baldwin indicated that this item would be added to the October 18, 2011 Council meeting. Larry Dublin, 541 Ginsburg, publicly corrected statements that were- made in both the Schertz Magazine as well as the announcement at Council, that he served three tours of duty in Vietnam. He wanted to correct the statement that he only served two tours of duty. • Maggie Titterington, Schertz Chamber of Commerce, who gave an update on the Chamber and upcoming Chamber events. 09 -20 -2011 Minutes Page - 2 - Discussion and /or Action Items 1. Minutes - Consideration and/or action regarding the approval of the minutes of the Joint Meeting and Regular Meeting of September 13, 2011. Mayor Baldwin recognized Councilmember Scagliola who moved, seconded by Councilmember Cedric Edwards to approve the minutes of the Joint Meeting and Regular Meeting of September 13, 2011. The vote was unanimous Motion carried. 2. Presentation on 4th of July Jubilee Update and Presentation on the upcoming SchertzFest — Presentation and discussion regarding the 2011 4`h of July Jubilee and 2011 SchertzFest. (J. Bierschwale /C. Raleigh) Mayor Baldwin recognized Mary Spence, City Event Coordinator, who provided information on the recent 4th of July Jubilee stating that we had a record attendance of over 15,000 people. Event Revenue: $164,886; Event Expenses: $158,604; Event Profit $6,282. Ms. Spence also provided a brief PowerPoint presentation regarding the upcoming SchertzFest event. Ms. Spence stated that all the information on SchertzFest can be found on the City's web site at www.schertz.com or www.visitschortz.com, Mayor Baldwin recognized Assistant City Manager John Bierschwale, who stated that as requested by Council, attached is an ordinance which approves the extension of park hours, designation of allowed areas for alcoholic beverages, extension of park and noise hours, and authorizes motorized vehicles in Pick ell Park for all upcoming City Events including SchertzFest, 4`h of July Jubilee and Festival of Angels. Ordinance No. 11 -M -30 — Discus sion/consideration and/or action approving an ordinance designating particular events for which alcoholic beverages may not be brought into or removed from particular park and recreation areas; authorizing extension of park hours; authorizing extension of noise hours; and authorizing other motorized vehicles in particular park areas, declaring an emergency. First and final reading (J. Bierschwale/M. Spain) Mayor Baldwin recognized Councilmember Scagliola who moved, seconded by Mayor Pro.- Tem. Fowler to approve Ordinance No. 11 -M -30 first and final reading, and declaring an emergency. The vote was unanimous. Motion carried Mayor Baldwin announced there was no need to meet in executive session this evening. EXECUTIVE SESSION Called under Section 551.071 Texas Government Code Litigation, pending or contemplated litigation; Section 551.072 Texas Government Code - Deliberation regarding the purchase, exchange, sale, lease, or value of real property, or real estate; Section 551-087 Texas Government Code.- Deliberation regarding Economic Development Negotiations. 3. Take any action deemed necessary as a result of the Executive Session. No action as Council did not meet. 09 -20 -2011 Minutes Page -3- Re nests and Announcements 4. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. Mayor Baldwin requested that the Fairhaven/Pulte issues item be added to a future agenda. 5. Requests by Mayor and Councilmembers to City Manager and Staff for information. No requests given. 6. 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 Tern Fowler who announced he would be out of town until Friday, September 23, 2011. Mayor Baldwin recognized Councilmember ScagIiola who announced that he attended the Schertz Chamber of Commerce Luncheon that was held at noon today. He also met the new General Manager of the Northcliffe Golf Course who informed him that they will be leasing 100 acre feet of water from the City to help keep the course green. Mayor Baldwin recognized Councilmember Antuna who announced that he too attended the Schertz Chamber of Commerce Luncheon that was held at noon today. Mayor Baldwin announced that there is an advertisement on the City of Schertz in Texas Monthly this month. Mayor Baldwin is also promoting a celebrity waiter event at Chili's of Schertz on Monday, September 26, 2011, from 12 :00 pm to 2:00 pm. All tips will be donated to St. Jude's as well as a percentage from each meal. The Mayor and Chief Taylor will be acting as celebrity waiters at the event. 7. Announcements by City Manager Mayor Baldwin recognized Assistant City Manager John Bierschwale who reminded the Council that they must all take their FEMA NZMS Courses so that we will be in compliance with FEMA rules in the event that we experience a natural disaster. Councilmember Carpenter requested a special meeting for all Councilmembers to meet and complete these courses together. Mr. Bierschwale indicated that this can be accomplished and he will arrange for this to be scheduled. ADJOURNMENT As there was no farther action, Mayor Mayor Hal`Baldwin 04 -20 -2011 Minutes Page - 4 - the meeting at 6:50 p.m. ATTEST: 09 -20 -2011 Minutes Page - 5 -