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02-07-2012 MinutesMINUTES REGULAR MEETING February 7, 2012 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on February 7, 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 Pro -Tem David Scagliola Councilmember George Antuna Councilmember Cedric Edwards Staff Present: City Manager John Kessel Chief of Staff Bob Cantu City Secretary Brenda Dennis Mayor Hal Baldwin was absent CALL TO ORDER REGULAR MEETING Councilmember Jim Fowler Councilmember Michael Carpenter Assistant City Manager John Bierschwale City Attorney Michael Spain Mayor Pro -Tem Scagliola called the meeting to order at 6:00 p.m. and welcomed everyone in attendance. Mayor Pro-Tern Scagliola stated that Mayor Baldwin would not be in attendance this evening as he had a previous engagement. 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. City Events Announcements of upcoming City Events (D. Harris/J. Bierschwale) Mayor Pro -Tem Scagliola recognized Assistant City Manager John Bierschwale 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 Conference Center. Mr. Bierschwale also stated that there would be a Schertz Chamber of Commerce After -Hours Mixer on February 9, 2012, at 5:30 p.m. at the Schertz Civic Center sponsored by the Schertz Area Arts Council. Presentation • Presentation/discussion and possible action regarding Landmark Property designation. (John Hillert Homestead) (D. Weirtz) 02 -07 -2012 Minutes Mayor Pro -Tem Scagliola recognized the Chair of the Historical Preservation Committee, Dean Weirtz, who reminded Council that in December 2011, the Kramer House /Schertz Visitors Center was designated as a Historical Landmark Property. Mr. Weirtz showed Council the plaque which will be placed at the property and asked permission to place the plaque on the property. Mr. Weirtz also mentioned that Council and staff have received the Schertz Historical Preservation Committee Annual Report. Mr. Weirtz provided a briefing regarding the John Hillert Homestead property answering questions from Council. Mr. Weirtz introduced the following family members who were present this evening: Conrad and Helen Hillert, and Arthur and Kelly Hillert. Mayor Pro -Tem Scagliola recognized Councilmember Carpenter who moved, seconded by Councilmember Fowler to approve the John Hillert Homestead as a Landmark Property designation. The vote was unanimous. Motion carried. Mayor Pro -Tem Scagliola and Chair Dean Weirtz presented the Hillert Family with the plaque which will be displayed on the John Hillert Homestead property. Hearing of Residents This time is set aside for any person who wishes to address the City Council. Each person should f ll 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, andlor a proposal to place the item on a future agenda. The presiding officer, during the Hearing of Residents portion of the agenda, will call on those persons who have signed up to speak in the order they have registered. Mayor Fro -Tem Scagliola provided the following comments: • He shares the fundamental belief that residents have the right to be heard. • The Ordinance that was changed regarding the time limit for speaking was initiated months ago, and was not intended to stifle the voice of the residents. • Three minutes provides sufficient time to present information, and residents will be provided three uninterrupted minutes, free of distraction. The clock will ran for three minutes, and then a yellow warning light will come on at the three minute --- fifteen second mark. Then a red warning light will flash signaling you to please complete your thoughts. • If you are on the list to speak, you will be allowed to speak for three minutes. • You will not be allowed to give your time in whole or part to anyone else. • I will not recognize anyone to speak more than once. If only absolutely necessary this may be allowed. • This is a Council meeting, not a Town Hall meeting, and not a debate. 02 -07 -2012 Minutes Mayor Pro -Tem Scagliola recognized the following who spoke regarding their issues with their homes, Pulte Homebuilders, new information regarding their homes, their continued request for buy -outs from Pulte, and thanking the City for their support: • Faye Touve, 5213 Brookline • Bruce Touve, 5213 Brookline • Janice Lapham, 5236 Columbia Drive • Mary Schmitt, 5436 Storm King • Donna Fitzgerald, 5304 Storm King • Jahn Fitzgerald, 5304 Storm King • Melinda Ruiz, 5408 Storm King • Sherry Clark, 5269 Brookline • Ryan Mahoney, 5233 Columbia Drive • Dan Hollistel, 5525 Columbia Drive • James Evatt, 5568 Columbia • Heather Camelio, 5224 Brookline • Ken Russel, 6034 Mule Deer • Janet Ahmad, 18 Silver Horn, San Antonio, Homeowners for Better Building • Tricia Mattison, P.O. Box 3022, 78148, Homeowners for Better Building • Ralph Houge, 6060 Rooster Run • Ryan Travis, 3605 Storm Ridge • Ryan Casas, 5228 Brookline Mayor Pro -Tem Scagliola recognized City Manager John Kessel who stated that normally he does not debate issues. Mr. Kessel stated the primary issues with HOA properties are private issues between the different members of the HOA or the general public and the Executive Officer of the HOA. The HOA Executive Officer does have the right to swear criminal trespass charges for violations of the use of HOA property. It is certainly not the City's position to get involved in those types of debates. Mayor Pro -Tem Scagliola recognized Police Chief Don Taylor who came forward rebutting comments made during the Hearing of Residents that he on Saturday, at the Fairhaven Open House, told individuals that if they did not leave they would be arrested. Chief Taylor stated that Ms. Taylor, President of the Fairhaven HOA, did call on Saturday and she stated that she did not want the citizens in the pool parking lot area. Chief Taylor went out to the Fairhaven Open House meeting area. He stated that he has the incident that occurred on Saturday on video, as well as on audio, and could play it this evening. Chief Taylor stated for the record that what he said was; "We are not going to arrest anyone; we are not going to ask you to leave." . He further stated that on "Monday, should Ms. Taylor choose, she could go to court and seek charges against the residents, and should the judge approve that, then he could file a warrant and then you would be arrested." Mayor Pro -Tem Scagliola provided his final comments: 02 -07 -2012 Minutes He was wondering why some of the residents wanted to put this item on an agenda for discussion. He stated that he could put this on the agenda, but he believes that would not do any good. It would not give you a voice. If we put it on the agenda then only the Council would be able to talk amongst themselves. It's not a give and take situation, as in the conduct of a Town Hall meeting. The Hearing of Residents section is your best opportunity to speak to the Council and staff directly, and he does appreciate that. This is what the process is all about. Mayor Pro -Tern Scagliola gave the following reasons why he does not want to speak out and put this item on an agenda: • It is never a good idea to brainstorm in an open mic. It is too easy for comments to be taken out of context. • It is never a good idea to give away your strategy, because you can lose your tactical advantage. Mayor Pro -Tem Scagliola stated he hopes that it is clear where he stands. A leader by definition takes care of his people. The residents of the City are his people; he cannot make it any clearer than that, and he thanked everyone for attending and voicing their concerns. Mayor Pro-Tem. Scagliola recognized City Manager John Kessel who stated that each time they have reached the end of the public continents section, he provides very important comments for the citizens. He stated that some of you are hearing his comments for the third or fourth time, and some are hearing his comments for the first time. He stated he is going to repeat some of those comments and that all are very important. He stated the first and most important thing is, and no misunderstanding, everyone who is here from Fairhaven and from other neighborhoods is welcome. This is City Hall; this is an area where you should feel comfortable coming in and visiting. Hopefully, you will see a smile on his face. Hopefully when he walks in the door, he greets you, and makes you feel welcome. It is important to him that you feel comfortable, as this is important to you, and it is important to our City Council. This evening he has taken a few notes. He will try to address some of the items mentioned and he will try to answer some of the questions that came up. In regards to open records requests, to his knowledge, the City has provided complete and accurate responses to every open records request. He is not aware of items that the City has not provided. He also stated that if one party has received information, then certainly the City would make that available to others. There is nothing that the City would have that we would not turn over. The question that came up this evening was if we do not have it, then why can we not get it? The City perhaps. is in the same circumstances to a certain degree when requesting voluntary information. He stated he can assure everyone that every single request has been passed on to Pulte. One of the things he recently did was provide Pulte with all City Council DVD's and minutes and sent them directly to Pulte, just to make certain that he 02 -07 -2012 Minutes didn't miss something. He will continue to do this regularly so that they are able to hear that information first hand and what other additional information he has received and is able to share with them. He stated that he did not remember saying that he has spoken to Pulte every day, and wants to make a slight correction. He speaks with Pulte sometimes a couple of times a day, and sometimes a couple of times a week. There has not been a week where he has not spoken to Pulte either by email or in person, and he will continue to do that. The issues that continue to come up are private contracts between two private parties, and civil matters, and what is the proper role of local government in resolving those contract issues. This is a difficult issue when we are not a party to those contracts. We do not have legal standing. We do not have the ability to enforce part of a contract that someone may want us to enforce. We do not have that ability. We are not saying that our hands are tied; we are saying that we are not a party to that. This has actual implications that we all know and appreciate; we do not want government getting into our personal business on many things. This is not a shield that we hide behind. In fact, what he has offered at every meeting is to sit down and facilitate meetings between Pulte and the Fairhaven residents. Again, he would remind everyone that in order to accomplish this, it takes two willing parties to sit down. The City has always been willing to meet with both two sides, and both sides must be willing to meet. If either side says that they cannot meet, then there is nothing the City can do if we are not party to the contracts. We do not have standing, and we cannot get the two sides to sit down and talk. We cannot go back in time, it is not realistic, and we can not force something to happen that is voluntary based, unless individuals and the corporation agree to meet. Mr. Kessel continues to offer to create that dialogue to meet. Some individuals take him up on it, and some do not. Mr. Kessel stated that he and his staff, Mr. Bierschwale and Mr. Harris, have met with individuals, and some individuals met with the Chief over the weekend. We will continue to make ourselves available. Mr, Kessel stated that he believes the City Council is certainly aware of the offer to go visit the citizens, and he does not believe that the City needs to post public hearings to have you welcome someone into your home. Two Councilmembers can attend at a-time, and if citizens want to set this up, there is no reason that this could not happen and be managed. Mr. Kessel closed by thanking everyone for coming tonight. Mayor Pro-Tern Scagliola recognized City Attorney Michael Spain who provided the following points: We can ask Pulte for documents. We can urge them to be responsive. He assured everyone that they have done so, but we can not require Pulte to give us things that they are not legally obligated to give us. We can not subpoena documents that we do not have a legal right to have. We again have asked them and urged them; we can not do anything more. When residents have asked for copies of documents that the City has, we have provided copies of 02 -07 -2012 Minutes everything we have. We cannot give you documents that we do not have even if we wished we had them. Under the Public Information Act, we have given you copies of all of the documents related to the subdivision that anyone has asked for, if we have it. If there is a document that was filed with another government agency, whether it is the Federal Government via VA, FHA, or HUD, a County, or any other government that is entitled to receive that document, and it was allegedly falsified, the City cannot do anything about that falsification, because it was not a document that was provided to the City or that the City requires. The government agency that received the allegedly falsified document could certainly do so, but not the City. If there was a document provided to VA or FHA or HUD that you might think there is something on it that is incorrect, those agencies can deal with the issue, because that is a document they require. Again, the City cannot. The City is doing what it can and has provided you with all the documents that we have. We have tried to get the additional documents that you have asked for, but we cannot subpoena them to provide those documents that we are not legally required to receive. We are just like you, in that we have the ability to ask for those documents. You have more of a right to those documents than the City, because of your contractual relationship with Pulte. The City continues to urge Pulte to be responsive to you and if they get documents to us, we will certainly provide them. Mr. Kessel welcomed everyone to stay for the remainder of the agenda this evening. Consent_Aaenda 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 Councilmember. 1, Minutes - Consideration and/or action regarding the approval of the minutes of the Regular Meeting of January 31, 2012. 2. Resolution No. 12 -R -06 — Consideration and/or action approving a Resolution appointing members to the 2012 Hal Baldwin Scholarship Committee. (J. Kessel/B. Cantu) Mayor Pro -Tern Scagliola read the following caption into record: RESOLUTION NO. 12 -R -06 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS CREATING AND PROVIDING 2012 FUNDING TO THE HAL BALDWIN SCHOLARSHIP, AND APPOINTING MEMBERS OF THE 2012 HAL BALDWIN SCHOLARSHIP COMMITTEE, AND RESOLVING OTHER MATTERS IN CONNECTION THEREWITH `02 -07 -2012 Minutes 3. Resolution No. 12 -R -09 — Consideration and/or action approving a Resolution amending an agreement with Linebarger Goggan Blair & Sampson, LLP, for Municipal Court and Warrant Collections.( J. Bierschwale/M. Spain) Mayor Pro -Tem Scagliola read the following caption into record: RESOLUTION NO. 12 -R -09 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN AMENDMENT TO AN AGREEMENT WITH LINEBARGER GOGGAN BLAIR & SAMPSON, LLP, AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Pro -Tem Scagliola recognized Councilmember Fowler who moved, seconded by Councilmember Carpenter to approve the consent agenda items 1, 2, and 3. The vote was unanimous. Motion carried. Discussion and /or Action Items 4. Resolution No. 12 -R -10 - Consideration and/or action approving a resolution relating to establishing the City's intention to be reimbursed by the Cibolo Valley Local Government Corporation for the prior lawful expenditure of funds from the proceeds of Tax - exempt Obligations to be issued by the Cibolo Valley Local Government Corporation for authorized purposes; authorizing other matters incident and related thereto; and providing an effective date. Q. Kessel/M. Spain) Mayor Pro Tem Scagliola read the following caption into record: RESOLUTION NO. 12 -R -10 A RESOLUTION RELATING TO ESTABLISHING THE CITY'S INTENTION TO BE REIMBURSED BY THE CIBOLO VALLEY LOCAL GOVERNMENT CORPORATION FOR THE PRIOR LAWFUL EXPENDITURE OF FUNDS FROM THE PROCEEDS OF TAX - EXEMPT OBLIGATIONS TO BE ISSUED BY THE CIBOLO VALLEY LOCAL GOVERNMENT CORPORATION FOR AUTHORIZED PURPOSES; AUTHORIZING OTHER MATTERS INCIDENT AND RELATED THERETO; AND PROVIDING AN EFFECTIVE DATE Mayor Pro-Tern Scagliola recognized Councilmember Edwards who moved, seconded by Councilmember Fowler to approve the adoption of a reimbursement resolution, Resolution No. 12 -R -10. The vote was unanimous. Motion carried. Executive Session 02 -07 -2012 Minutes 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. Council did not meet in Executive Session. Reconvene into Regular Session 5. Take any action deemed necessary as a result of the Executive Session. No action taken as Council did not meet. Requests and Announcements 6. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. No requests given by Mayor or Council 7. Requests by Mayor and Councilmembers to City Manager and Staff for information. Mayor Pro -Tem Scagliola recognized Councilmember Edwards who had the following requests for information: • Conduct a financial audit on the Senior Center • Availability of having decorative banner poles at the Kramer House /Schertz Chamber of Commerce facility to utilize banner advertisements for non profit organizations. Update regarding the approved bond projects. Mayor Pro -Tem Scagliola recognized City Manager John Kessel who stated that they will work on the audit of the Senior Center. Regarding the Kramer House location for banner advertisement is an interesting idea, and he and staff are actually looking into two different ideas regarding advertisement. Mr. Kessel stated that we will get Mr. Phil Gaudreau to present an update on the bond projects. He stated that they are making solid progress on each of the measures; for example, the soccer complex. The City has received the schematic designs that are being reviewed. Meetings are being set up between several parties on the natatorium project as well as the City has received all the RFQ's back on the project and these are in review. The playscape i4 also being reviewed, and many creative ideas have come forth. In regards to the Animal Control facility project, progress is being made with the design firm. Mr. Kessel stated that a more detailed report is forthcoming. 02 -07 -2012 Minutes Councilmember Edwards asked if the updates on the projects could be placed in the Schertz Tales. Ivlr. Kessel stated that currently he doesn't want to take away from anyone's thunder, but signs are going up on the different bond locations that will include a QR code. Individuals can scan the code and it will take them to a direct link on the City's website briefing them on the progress being made. Good ideas are forthcoming where the City is stepping up communication to the public on the projects. Mayor Pro -Tem Scagliola recognized Councilmember Fowler who stated that he was looking at the schedule for this week and there are a lot of activities and meetings going on and wants to make sure that the Council will be able to divide up and attend all of them. 8. 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 Pro -Tem Scagliola recognized Councilmember Fowler who stated he will be attending the following: • Northeast Partnership on February 9, 2012. • Frost Bank Cowboy Breakfast on February 10, 2012. Mr. Fowler held up the Red T -shirt that all Councilmembers received and asked when they should wear them. Assistant City Manager John Bierschwale stated that they are to wear them every Friday in the month of February in recognition of National Wear Red Day to promote Women's Heart Health, which is the number one killer for women. This is to help bring awareness to this issue. Mayor Pro-Tem. Scagliola recognized Councilmember Antuna who stated he attended or will be attending the following: • North San Antonio Commerce Annual Installation Banquet and Gala, February 4, 2012. • Northeast Partnership, February 9, 2012. Councilmember Antuna made an announcement that the Schertz/Cibolo Pachyderm Club will meet February 9, 2012 at 6:30 p.m. at Aw Dang Asian Cuisine Restaurant and invited everyone to attend. 02 -07 -2012 Minutes Mayor Pro -Tern Scagliola recognized Councilmember Edwards who stated he attended and will be attending the following: Schertz Senior Center Valentines Dance, February 4, 2012. He stated that this was an excellent event and thanked everyone involved in putting the center together. Northeast Partnership, February 9, 2012 Mayor Pro -Tem Scagliola stated that he attended the following: • The Fairhaven Open House, Saturday, February 4, 2012. He stated that it was very informative and appreciated everyone opening up their homes. • The Willy Wonka and the Chocolate Factory event at Steel High School, Saturday, February 4, 2012. • Trail Riders at Pickrell Park, February 9, 2012. • The Schertz Chamber of Commerce After -Hours Mixer at the Schertz Civic Center sponsored by the Schertz Area Arts Council, February 9, 2012. • Frost Bank Cowboy Breakfast, February 10, 2010. 9. Announcements by City Manager Mayor Pro -Tem Scagliola recognized City Manager John Kcssel who stated that he received notice from the local WO that they are seeking public input in regards to prioritizing the $50 million in their TIP funding, and interestingly, we were successful in getting FM 1518 listed. Mr. Kessel encouraged individuals to attend the upcoming MPO meetings: • The Northeast meeting is scheduled for Thursday, February 9, 2012, 6:00 p.m. to 8:00 p.m., at Judson Middle School, in Converse on Schaefer Road. • The North Central meeting is scheduled for Thursday, February 23, 2012, 6:00 to 8:00 p.m., at Methodist Hospital Stone Oak, Sonterra Blvd, San Antonio. Mr. Kessel stated that on February 3, 2012, the City received notice from CPS Energy that the Board of Trustees met on January 30, 2012, and voted to terminate the Community Infrastructure and Economic Development Fund Program (CIED funds), and they will be working with the City on a disposition. Mr. Kessel stated that he wanted to recognize the EMS department. He recently received two letters of recognition for EMS saving the lives of others. In one letter in particular, EMS responded to an individual who had a brain aneurism in 2006 and who has as of January 30, 2012, fully recovered. Mr. Kessel stated that the Texas City Managers Association has been trying to encourage youth to get more involved in local government and make a difference. 02 -07 -2012 Minutes He stated that Assistant City Manager David Harris is a member of the Board and has been participating in a state -wide program trying to encourage youth to take up professions in local government, particularly City Management, and will be featured in some videos that will be shown soon. He wanted Council to be aware of what he has been doing, as Mr. Harris is involved in several behind the scene projects. Mr. Kessel congratulated Mr. Harris for his involvement. Adiournment Mayor Pro -Tem Scagliola ATTEST: Brenda Dennis, TRMC, MMC City Secretary 02 -07 -2012 Minutes