01-31-2012 MinutesMIlV UTES
REGULAR MEETING
January 31, 2012
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on
January 31, 2012, 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 Jim Fowler
Councilmember Cedric Edwards
Mayor Pro-Tem David Scagliola
Councilmember Michael Carpenter
Councilmember George Antuna tivas absent.
Staff Present:
City Manager John Kessel
Chief of StafF Bob Cantu
City Secretary Brenda Dennis
Assistant City Manager David Harris
City Attorney Michael Spain
Deputy City Secretary Cynthia Raleigh
CALL TO ORDER REGULAR MEETING
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 ANTI 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.
Ci Events
Announcements of upcoming City Events (D. Harris/J. Bierschwale)
Mayor Baldwin recognized Assistant City Manager David Harris who stated that the
Northeast Partnership meeting will be held on February 9, 2012, at 11:30 a.m. at the
Olympia Hills Golf Course and Convention Center. Mr. Harris also stated that there
would be a Schertz Chamber of Commerce after-hours mixer on February 4, 2012, at
5:30 p.m. at the Schertz Civic Center sponsored by the Schertz Axea Arts Council.
Mayor Baldwin moved into executive session at 6:04 p.m.
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 o£ real property, or real estate.
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Mayor Baldwin reconvened into regular session at 6:34 p.m.
Hearing of Residents
This time is set aside for any person who wishes to address the City Council. Each person
should fill out the speaker's register prior to the meeting. Presentations should be limited
to no more than 3 minutes. Discussion by the Council of any item not on the agenda
shall be limited to statements of specific factual information given in response to any
inquiry, a recitation of existing policy in response to an inquiry, and/or a proposal to
place the item on a future agenda. The presiding offrcer, during the Hearing of Residents
portion of the agenda, wall call on those persons who have signed up to speak in the
order they have registered.
Mayor Baldwin recognized the following who spoke regarding their issues with their homes,
Pulte Homebuilders and their continued request far buy-outs from Puite, as well as, an
invitation to the City Council to an open house which will be held on Saturday, February 4,
2012, from 12:00 noon to 3:04 p.m.:
• Janice Laphazn, 5236 Columbia Drive
• Carol Littrell, 5236 Columbia Drive
• Melissa Satterfield, 5209 Storm King
• Melinda Ruiz, 5408 Storm King
• Brian and Peggy Benavides, 5237 Brookline
• Bruce Touve, 5213 Brookline
• Faye Touve, 5213 Brookline
• Holli Muniz, 5145 Brookline
• Molly Casas, 5228 Brookline
• Ken Russell, 6034 Mule Deer
• Ryan Travis, 3605 Storm Ridge
• John Fitzgerald, 5304 Storm King
• Pedro Frechel, 3620 Storm Ridge
• Patricia Alperin, 5505 Storm King
• Tricia Mattison, P.O. Box 3022, 78148, Homeowners fox Better Building
• Janet Ahmad, 18 Silver Horn, San Antonio, Homeowners for Better Building
• Diana Taylor, 5505 Columbia Drive, who spoke indicating that she is currently
worlang with Pulte and giving them the opportunity to f x her home. She stated the
issues are between the homebuilder and the homeowner. She also requested that the
pictures of her home be removed frrom the Internet-and from the WOAI news report,
and if they are not removed, legal action will be taken. She expressed her concerns
regarding her home and the .issues that have been occurring, as well as the incorrect
information that has been indicated about her home.
• Jeff Camelio, 5224 Brookline, who for record, would like to keep his home on the
WQAI website.
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Mayor Baldwin recognized City Manager John Kessel who spoke clarifying that all open
records requests have been fulfilled with any information that .the City has in their
possession. Extensive information has been provided by the City through open records to
date. Mr. Kessel gave his regrets that he will be out of town for the open house on Saturday
in Fairhaven and will not be able to attend.
Mx. Kessel indicated that the proper role of government in this situation is to create dialogue
between two parties in a civil manner. The City has the opportunity to help and continues to
offer this help. City Council meetings axe an opportunity for the citizens to have their voice
heard. Mx. Kessel indicated that Pulte and the homeowners need to meet and that the City
would provide opportunities for these meetings. He encouraged citizens to know that they do
have representation from the City and that representation does act in meaningful ways to the
limits that are allowed regarding a civil manner and that can be resolved at a City level.
Mr. Kessel indicated that having an agenda item placed on the Council agenda does not mean
that there would be back and forth dialogue. Ln fact, by adding an item to the agenda and not
utilizing the public forum, citizens would have less opportunity to express their concerns,
Civil issues between two private parties are not an action item by the City Council. Mr:
Kessel encouraged the homeowners to continue to have dialogue with Pulte, and that citizens
are welcome to attend Council meetings, and to speak during the public forum.
Mayor Baldwin spoke indicating that in regards to the open house on Saturday, the City has
to follow the laws of the .Open Meetings Act, in regards to having a quorum, and the meeting
would have to be pasted in Fairhaven. Mayor Baldwin requested that each Councilmember
take a time frame to visit individually. The tour would need to include some of the worst
homes instead of alI 70 homes to accommodate everyone's schedule.
Mayor Baldwin clarified that the "Hearing of Residents" section on the agenda absolutely
means the citizens of this community. He does not have a problem with someone from
outside of the community to speak; however, he will not allow for the non-resident to return
remarks on comments made by a resident.
Mayor Baldwin recognized Councihnember Edwards who gave his regrets, that he would not
be able to attend the open house on Saturday:
Mayor Baldwin recognized Schertz Economic Development Corporation President Harry
Whitney who introduced Matthew Duke, the most recent appointment to the Schertz
Economic Development Corporation.
Consen# Agenda -
The Consent Agenda is considered to be self-explanatory and will be enacted by the Council
with one motion. There will be no separate discussion of these items unless they are
removed from the Consent Agenda upon the request by the Mayor or a Councihnember.
01-31-2012 Minutes
1. Minutes -Consideration and/or action regarding the approval of the minutes of
the Regular Meetings of January 17, 2012 and January 24, 2012.
2. ` Ordinance No. 12-D-04 -Consideration and/or action approving an Ordinance
revising the speed limit on Hubertus Road from IH 35 frontage road to FM 482 to
30 mph. Final Reading (J. Kessel/D. Letbetter)
The following caption was read into record:
ORDINANCE NO. 12-D-04
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS PROVIDING THAT THE CODE OF ORDINANCES
OF THE CITY OF SCHERTZ, TEXAS BE AMENDED BY REVISING
.SECTION 8f-115, LIMITS GENERALLY; AND PROVIDING
A REPEALING CLAUSE.
3. Ordinance No. 12-D-05 -Consideration andlor action approving an Ordinance
revising the speed limit on Friesenhahn Lane from IH 35 frontage road to FM 482
to 30 mph. Final Reading {J. KessellD. Letbetter}
The following caption was read into record:
ORDINANCE NO. 12-D-OS
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS PROVIDING THAT THE CODE OF ORDINANCES
OF THE CITY OF SCHERTZ, TEXAS BE AMENDED BY REVISING
SECTION 86-17.5, LIMITS GENERALLY; AND PROVIDING
A REPEALING CLAUSE.
4. Resolution Na. 12-R-08 -Consideration and/or action approving a Resolution
calling a Joint General Election with the City of Cibolo to be held May 12, 2012,
fox the purpose of electing Councilmembers for Place 1, Place 2, and for the
Mayor's position; making provisions for the conduct of a Joint Election;
contracting with the Election Administrator of Guadalupe County to conduct this
election. {J. Kessel/B. Dennis)
The following caption was read into record:
RESOLUTION NO. 12-R-08
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS, CALLING A SOINT ELECTION WITH THE CITY
•OF SCHERTZ, AND THE CITY OF CIBOLO TO BE HELD ON MAY 12,
2012 FOR THE PURPOSE OF ELECTING COUNCILMEMBERS FOR
PLACE 1, PLACE 2, AND FOR MAYOR FOR SAID CITY; MAHING
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PROVISION FOR THE CONDUCT OF A JOINT ELECTION;
CONTRACTING WITH THE ELECTIONS ADNIINISTRATOR OF
GUADALUPE COUNTY TO CONDUCT THIS ELECTION.
5. Appointments! Reappointments and Resignations to City Boards,
Commissions and Committees - Consideration and/or action regarding
appointments/reappointments and- resignations to City Boards, Commisslons, and
Committees.
• Ratification of the resignation of Ms. Holly McBrearty from the Economic
Development Colporation Board.
• Appointment of Mr. Matthew Duke as regular member to the Economic
Development Corporation Board.
• Appointment of Ms. Barbara Hall as regular member to the Historical
Preservation Commission.
Mayor Baldwin recognized Councilmember Carpenter who moved, seconded by
Councilmember Edwards to approve consent agenda items 1 through 5. The vote >vas
unanimous. Motion carrier
Reconvene into Regular Session_
6. Take any action deemed necessary as a result of the Executive Session.
No action taken.
Re nests and Announcements
7. Requests by Mayor and Councilmembers that items be placed on a future City
Council agenda.
No requests given by Mayor or Council
8. Requests by Mayor and Councilmembers to City Manager and Staff for
information.
No requests given by Mayor or Council.
9. Announcements by Mayor and Councllmembers
• 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
01-31-2012 Minutes
No announcements by Mayor and Council
10. Announcements by City Manager
Mayor Baldwin recognized City Manager John Kessel who stated that he was able
to attend a meeting with Phil Wilson, the new TxDOT Director. He indicated that
TxDOT's 20130 plan projected costs are only fulfilled by half of the funds at this
point, and that TxDOT will be reassessing their fixture transportation needs.
TxDOT will also be reorganizing and modernizing their organization.
Mr. Kessel read a note he received praising the City Library and Librarian Gail
Douglas.
Ad'ournment
Mayor Baldwin adjourned the meeting at 7:S p.m.
Mayor
ATTEST:
Cyn 'a Raleigh, Depu C' Secretary
O1-31-2012 Minutes