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02-14-2012 MinutesNiIN UTES REGULAR MEETING Febxuary Z4, 20]2 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on February 14, 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 Michael Carpenter 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 CALL TO ORDER REGULAR MEETING Assistant City Manager John Bierschwale City Attorney Katherine Tapley 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. Councilmember Fowler gave the .invocation followed by the Pledges of Allegiance to the Flags of the United States and the State of Texas. City Events Announcements of upcoming City Events (D. Harris/J. Bierschwale) Mayor Baldwin recognized Assistant City Manager David Harris who announced the following upcoming events: • Monday, February 20, 2012, City offices will be closed in observance of Presidents Day • Tuesday, February 21, 2012, Schertz Chambex Luncheon • Saturday, February 25, 2012, at 6:00 p.m., Miss Cibolo Scholarship Pageant Presentation • Capital Irrrprovement Project update (Councilmember Edwards/J. Kessel/P. Gaudreau) 02-i4-2012 Minutes Mayor Baldwin recognized Owner's Representative Consultant Mr. Phil Gaudreau who briefed the Council regarding the Capital Improvement Projects and answered questions. Mr. Gaudreau covered the following subjects: • Animal Control Renavation/Expansion • Soccer Fields Renovation • Aquatic Facility • Schertz Playscape • Main Street Mayor Baldwin recognized City Manager John Kessel who stated that a more detailed presentation on the bond projects will be provided on February 28, 2012. • Update regarding the upcoming Wilenchik Walk for Life. (D. Harris/M. Spence) Mayor Baldwin recognized Events Coordinator Mary Spence who stated that as mentioned earlier by Mr. Harris, the City of Cibolo will be hosting their Miss Cibolo Scholarship Pageant on Saturday, February 25, 2012, 6:00 p.m. to 9:00 p.m., at the Steele High Schaal Auditorium. She stated that this program has not been in place since 2005, and is being sponsored by the Alamo Honor Flight. Ms. Spence stated that the Schertz Sweethearts have been meeting and mentoring the young ladies on the process of the pageant program. The Schertz Sweethearts will be attending the event to assist them with the rehearsal and have a special honor of crowning the winners at the event. Ms. Spence stated that after the event there will be a reception at La Cabana on FM 78. Ms. Spence provided the fallowing information regarding the upcoming Wilenchik Walk for Life; On Saturday, March 3, 2012, HEB and the City of Schertz are hosting the 4a' Annual SK Wilenchik Walk for life, in memory of and in honor of Tony Wilenchik. HEB is donating $3,000 in cash and $1,000 in in-kind products for a total of $4,000. The event will start at 8:00 a.m. at the Schertz Library. Awards will be provided for the best T-shirt design and most funds raised. In 2011, $28,473.61 was raised and our goal is to raise this amount plus $1.00. The proceeds will benefit the Cancer Therapy & Research Center, UT Health Science Center, San Antonio. You may visit www.Schertz.com, and click on the Wilenchik logo to register. 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 02-14-2012 Minutes to na more than 3 minutes. Discussion by the Council of any item nat 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 offacer, 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 Baldwin recognized City. Manager John Kessel wha wished everyone a Happy Valentine's Day and announced it is always nice to see everyone. Mr. Kessel stated that he has spoken over the last few months and again will start out the meeting as he has in the past by reiterating a couple of points. The City's role in this matter is primarily to facilitate that dialogue between Pulte and the homeowners. Each meeting he has offered to meet one-on-one with the homeowners and also with Pulte to make sure those meetings are happening and that they are being responsive. Mr. Kesel stated again he would extend that offer to each and everyone in the audience that has a concern with the Fairhaven situation. Mr. Kesel reiterated that he has enjoyed having the opportunity for citizens to speak in the public forum. It is the right of the citizen to speak. The City has always done their very best to make everyone feel welcome and to greet you when you came to the meetings. He hopes that everyone appreciates that and he certainly does as well. Mr. Kesel stated that he would like the homeowner to be thinking, as you are making your comments tonight whether you would be willing to accept the City's offer to help you set up a one on one meeting with Puite. The City Management's office stands xeady to assist in this. Mayor Baldwin 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: • Heather Camelio, 5224 Brookline -only speak with Pulte regarding buyout • Janice Lapham, 5236 Columbia Drive -only speak with Pulte regarding buyout • Ken Russell, 6034 Mule Deer -only speak with Pulte regarding buyout • Molly Casas, 522$ Brookline -only speak with Pulte regarding buyout • John Fitzgerald, 5304 Storm King,- only speak with Pulte regarding buyout • Bruce Touve, 5213 Brookline -only speak with Pulte regarding buyout • Faye Touve, 5213 Brookline -only speak with Pulte regarding buyout • Brian Benavides, 5237 Brookline -only speak with Pulte regarding buyout • Tricia Mattison; P. O. Box 3022, Homeowners for Better Building • Janet Alunad, 18 Silverhorn, Homeowners for Better Building Mayor Baldwin recognized City Manager John Kessel who stated that each week after the citizens comments, he has extended the offer to help initiate dialogue with Pulte. He stated that he understands the citizens are frustrated in hearing this. 02-14-2012 Minutes Mr. Kessel stated the City is not in a position to buy back homes on Pulte's behalf, nor are we in the position to go in and make any repairs. We are not in a position to subpoena Pulte or force them to do things; perhaps if you were a judge with a subpoena this could be done. This leaves the City with the ability to create dialogue and he is not aware of any other way to move forward today without this dialogue. Mx. Kessel stated that we have looked at dispute resolution; it is easy to pull any book. The very first thing any book on dispute resolution will say is, always keep the dialogue open. Always try and create greater opportunities to have the other party and you change your position to reach a greater understanding and appreciation of the other side. There is not a way to reach that place without open discussion. The City continues to do everything we can. The City does send the DVD's of the Council meetings to Pulte and asks them to review them. They are aware of the comments. The role of the City is to help with creating dialogue between the two parties and he continues to offer his assistance in setting up meetings with Pulte and the homeowners. Mayor Baldwin provided the following closing comments: The City continues to allow public comments regarding the buy back of homes from Pulte, and the City understands the homeowner's dilemma. The City is doing what we can do to help, including sending the DVD's of the Council meetings to Pulte and offering the opportunity to setup meetings with Pulte on an individual basis. He does not feel that having a group meeting would make a difference. A one on one meeting is the best way to go. The City cannot stop Pulte from building homes in Schertz, as long as they are not building in Fairhaven, which is already built out. These issues will certainly play a role in Pulte building any new subdivisions in the City of Schertz. It is a Pulte decision to buy back homes, not the City. Homeowners need to sit down with Pulte at their office and tell them what you want. Tell them you want your home bought hack. Homeowners are doing the right thing by putting public pressure on Pulte. Mayor Baldwin indicated that items 2, 3, 4, and 5 have been removed from the consent agenda for separate discussion. Consent 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 Councilmember. - Minutes -Consideration and/or action regarding the approval of the minutes of the Regular Meeting of February 7, 2012. 02-14-201.2 Minutes Mayor Baldwin recognized Councihnember Fowler who moved, seconded by Councilmember Edwards to approve the minutes from the February 7, 2012 regular Council Meeting. The vote was unanimous. Motion carried. Mayor Baldwin left the dais and asked Mayor Pro-Tem Scagliola to take over the meeting. Discussion and/or Action Items 2. Resolution No. 12-R-11 -Consideration and/or action approving a Resolution authorizing a Business Class Customex Service Order and Service Agreement with Time Warner Cable and other matters in connection therewith. (J. Kessel/M. Clouser) Mayor Pro-Tem Scagliola read the following caption into record: RESOLUTION NO. IZ-R-11 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A BUSYNESS CLASS CUSTOMER SERVICE ORDER AND SERVICE AGREEMENT WITH TIME WARNER CABLE, AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Pro-Tem Scagliola recognized Information Technology Director Myles Clouser who introduced this item addressing questions from Council. Mr. Clouser stated that action requested of Council approves the resolution approving a contract with Time Warner Telecom for wide area network services to provide back up connectivity to various City facilities. The contract will ensure reliable and resilient communications between City facilities. Fiscal impact includes cone-time $1,000 installation and engineering cost as well as yearly service charges of approximately $3,732 per facility covered. Initial costs for one location, the Public Works Complex, are curxentIy budgeted. Costs for additional City facilities will be added to the FY 2012-13 budget. Staff recommends approval. . Mayor Pro-Tem Scagliola recognized City Manager John Kessel who stated that we need to be prepared for our worst case scenario days. Communication is the key difference between success and failure on those worst days. We need to do this; it is a smart plan. It does not tax our on going budget issues. This is a smart way to do business and reconunends Council's approval. Mayor Pro-Tem Scagliola recognized Councilmember Fowler who moved, seconded by Councilmember Carpenter to approve the adoption of Resolution 12-R-I1. The vote was unanimous. Motion carried: 3. Resolution No. 12-R-12 -Consideration and/or action approving a Resolution authorizing a Lease Agreement with Hewlett-Packard Financial Services, and other matters in connection therewith. (J. Kessel/M. Clouser} . - ~° Mayor Pro-Tem Scagliola read the following caption into. record: 02-14-2012 Minutes RESOLUTION NO. 12-R-12 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A LEASE AGREEMENT WITH HEWLETT- PACKARD FINANCIAL SERVICES, AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Pro-Tem Scagliola recognzed City Attorney Katherine Tapley who stated that the Master Lease Agreement was inadvertently left out of the Council packet, but was provided earlier today. She stated that the City Attorney's office has reviewed the agreement and is very comfortable with the language of the agreement and recommends approval. She stated the attachments that were included with the agreement were provided in the Council packet and those have not changed. Mayor Pro-Tem Scagliola recognized Information Technology Director Myles Clauser who introduced this item stating that action requested of Council approves a 5-year lease agreement with Hewlett-Packard Financial Services to upgrade the City telephone system and service agreement in the amount of $193,860 ($3,231 monthly or $38,772 annually). The FY 2011-12 budget included $170,000 in the PEG Fund for the project which would have covered the cost to purchase the system outright, but did not include a service agreement. The higher fee also includes finance charges of approximately $23,860. Staff recommends approval of the lease and service agreement in an estimated amount of $193,860 in which $170,000 will be paid from the FY 2011-12 adopted budget, anal $23,860 from the proposed FY 2012-13 budget. Staff recommends approval. Mayor recognized Councilmember Carpenter who moved, seconded by Mayar Pro- Tem Scagliola to approve the adoption of Resolution 12-R-12. The vote was unanimous. Motion carried. Mayor Baldwin returned to the dais. 4. Resolution No. 12-R-13 -Consideration and/or action approving a resolution authorizing a purchase agreement- with U. S. Autoweapons, and other matters in connection therewith. {J. Bierschwale/D. Taylor) Mayor Baldwin read the following caption into record: RESOLUTION NO. 12-R-13 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A PURCHASE AGREEMENT WITH U.S. AUTOWEAPONS, AND OTHER MATTERS IN CONNECTION THEREWITH 02-14-2012 Minutes Mayor Baldwin recognized City Attorney Katherine Tapley who stated this item had been pulled from consent as there was a typo in the attachments. It should reference that they are Colt AR 6950's that they will be approving. Mayor Baldwin recognized Police Captain Marc Bane who introduced this item stating that action requested of Council authorizes the purchase of a Colt AR Long Rifle far each Gity Police Officer to provide the additional tools they need to perform their duties in protecting the community. The City Police Department currently owns ten of these rifles and during their service life, they have performed flawlessly. Captain Bane stated by purchasing the weapons, the Department will standardize the firearms training program, the ammunition purchased and stocked, as well as the gun safety lock systems within the fleet. Other advantages include the ability of officers to share ammunition and ammunition magazines if involved in a frre fight, as well as minimize the overall cost and reduce liability on the City and the Police Department. Fiscal impact of approximately $35,000 will be paid for with seizure funds. Staff recommends approval. Mayor Baldwin recognized Councilmen Mayor Pro-Tem Scagliola to approve the was unanimous. Motion carrier ber Carpenter who moved, seconded by adoption of Resolution 12-R-13. The vote Resolutions No. 12-R-14 -Consideration andlor action approving a resolution authorizing the purchase of Dispatch Centex Workstations, and other matters in connection therewith. (J. BierschwaielD. Taylor) Mayor Baldwin read the following caption into record: RESOLUTION NO. 12-R-14 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE PURCHASE OF WORK STATIONS FOR THE POLICE DISPATCH CENTER Mayor Baldwin recognized Police Chief Don Taylor who introduced this item stating action requested of Council authorizes the purchase and installation of five professional quality, around-the-clock performance rated, and ergonomic furniture for the City 911 Dispatch Center. The upgraded work stations will assist personnel to better perform their duties. Fiscal impact of approximately $36,000 will be paid for with seizure funds. Staff Recommends approval. Mayor Baldwin recognized Councilmember Carpenter who moved, seconded by Councilmember Antuna to approve the adoption of Resolution 12-R-14. The vote was unanimous. Motion carried: 02-14-2012 Minutes b. Resolution No. 12-R-IS -Consideration andlor action approving a resolution authorizing the pursuit of a Power-up Grant from the Guadalupe Valley Electric Cooperative, Inc. to fund the proposed Schertz Parkway and Main Street Holiday Lighting project. (D. Harris/G. Logan} Mayor Baldwin read the following caption into record: RESOLUTION NO. 12-R-15 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE PURSUIT OF A POWER-UP GRANT FROM THE GUADALUPE VALLEY ELECTRIC COOPERATIVE, INC. TO FUND THE PROPOSED SCHERTZ PARKWAY AND MAIN STREET HOLIDAY LIGHTING PROJECT Mayor Baldwin recognized Councilmember Edwards who asked was this grant a $5,000 matching grant? Parks, Recreation, and Community Services Director George Logan stated that was correct. Mayor Baldwin recognized Councilmember Edwards who moved, seconded by Councilmember Carpenter to approve the adoption of Resolution No. 12-R-15. The vote was unanimous. Motion carried. Mayor Baldwin moved into executive session at 7:12 p.m. CauncilmemberAntuna left the meeting at 7:12 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, ar value of real property, or real es#ate, Section. 551.074 personnel matters, and Section 551.087 Texas Government Code - Deliberation regarding Economic Development Negotiations. Councilmernber Edwards left the meeting at 8:21 p.m. Mayor Baldwin reconvened into regular session at 8:22 p.m. Reconvene into Regular Session 7. Take any action deemed necessary as a result of the Executive Session. Na action taken. Re uests and Announcements 02-14-2012 Minutes S. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. No requests given by Mayor or Council 9. Requests by Mayor and Councilmembers to City Manager and Staff for information. No requesfs given dy Mayar or Council; 10. Announcements by Mayor and Councilrnembers • 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 1'ro-Tem Scagliola who stated he attended the following: • Trail Riders Stew Lunch at Pickrell Park on February 9, 2012. • Schertz Chamber of Commerce After Hours Mixer and Arts Show on February 4, 2012. • Frost Bank Cowboy Breakfast on February 10, 2012, • Schertz Chamber of Commerce Clear Blue Car Wash Ribbon Cutting on February 10, 2012. Mayor Baldwin recognized Councilmember Fowler who stated he attended the following: ' • Frost Bank Cowboy Breakfast on February 10, 2012. • Schertz Chamber of Commerce Clear Blue Car Wash Ribbon Cutting on February 10, 2012 Councilmember Fowler indicated that he has been recruited to join the EDC Team for the upcoming Wilenchik Walk for Life on March 3, 2012, He stated that if the Council does not have a team he would invite them to join him. 11. Announcements by City Manager Mayor Baldwin recognized City Manager John Kessel who stated that he would like to give kudos to Jonathon Harshman, Fleet Supervisor, who developed an easy 02-14-2012 Minutes and effective after-hours vehicle drop-off solution. He wished the City Council and Staff a Happy Valentine's Day. Adiournmez<t Mayor Baldwin adjourned the ATTEST: Brenda Dennis, TRM , MMC City Secretary 02-14-2012 Minutes