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03-13-2012 Minutes1VIINUTES REGULAR MEETING March 13, 2012 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on March 13, 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 Councilrx~ember George Antuna Staff Present: City Manager John Kessel Executive Director Brian James City Attorney Katherine Tapley Councilmember Cedric Edwards was absent. CALL TO ORDER REGULAR MEETING Executive Director David Harris Chief of Staff Bob Cantu City Secretary Brenda Dennis 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) • March 20, 2012, 12:00 p.m., 16~' Annual Employee Remembrance Day, Public Works • March 20, 2012, 11:30 a.m., Schertz Chamber of Commerce Monthly Luncheon • March 22 and March 23, 2012, 46~' Annual Texas Legislative Conference, New Braunfels Civic Conference Center • March 23, 2012, 12:30 p.m., SCUCISD Education Foundation Golf Tournament, Olympia Hills Golf & Conference Center. Presentation • Lone Star Rail District (D.. Harris/J. Black} Mayor Baldwin recognized Lone Star Rail District Director/OpexationS Manager Joe Black and District Senior Administrator Alison Schulze who pxovided a briefing on the Lone Star Rail 03-13-2012 Minutes District activities. A complete copy of the report can be obtained through the City. Some of the highlights included the following: - What are the challenges. - The objectives of the Lone Star Rail District (Created by the Legislative) - Why Regional Rail fax CentrallSouth Texas. - Jurisdictions and Service Area. Financial and Economic benefits of LSTAR -Forecast Through 2030: - Basic facts about the LSTAR proposed service: - What are some of the benefits of the Urban Freight Rail Bypass, and what would the include? - What's happened so far. - What's happening now. - What happens next. • Schertz Chamber of Commerce Update (D. Harris/M.Titterington) Mayor Baldwin recognized Chamber President Maggie Titterington who provided a briefing regarding the activities of the Chamber as well as provided information on. upcoming events. Ms. Titterington also presented a PowerPoint presentation regarding the University of Oklahoma Chamber Excellence Training Seminar that was held the week of March 5, 2012, in Dallas, Texas, that she attended. Mayor Baldwin recognized Councihnember Antuna who thanked Ms. Titterington for all she is doing fox the Chamber. He asked for her to explain her current project of an Industrial Chamber. Ms. Titterington briefed the Cooncil on what the Industrial Chamber is and what it will do far these types of businesses in Schertz. Councilmember Antuna mentioned that the industrial businesses in Schertz need to use the Schertz Charrsber as a resource. Councilmember Antuna asked Ms. Titterington what was the current chamber member count. Ms. Titterington indicated that the current member count is up 220 members; 85% are small businesses and corporate businesses and 15% are industrial based business members. Councilman Antuna would like for the industrial based businesses to feel that they are truly part of the process and part of the City and would like the Chamber to provide a different type of training and meetings that are custom for the industrial based businesses. Ms. Titterington mentioned that the industrial businesses in Schertz are pleased and interested with the City and would like to participate, but are very busy and they do not have the manpower at this time to com~rnit to different events. Cauncilmember Antuna reiterated the importance of getting these businesses involved with the City and the Chamber. • Library Department Update (D. Harris/G. Douglas} Mayor Baldwin recognized Library Director Gail Douglas, Assistant Library Director Melissa Uhlhorn, Youth Services Librarian April Toman, and Adult Services Librarian Lizzi Blase who provided an update regarding the activities of the Library. Some of the highlights included: 03-13-2012 Minutes What's new an the department: - Courtyard sculpture garden -project that has been adopted by the Schertz Public Library Advisory Board - Planter boxes in front of library -these were donated to the Library as part of an Eagle Scout Project - Genealogy project -the high school year books were donated to the Library and can be found in the Genealogy room - The Read Before Bookstore - is a used book store located inside the Library wholly operated by volunteers under the guidance of the Library Advisory Board. All materials in the store are donations from the community or library discards. Proceeds from the store are used to fund library programming and special projects. - Electronic Resources -Lone Star Digital Library -Download audio books, eBooks; Mango Languages -online language learning system that teaches real conversation skills for practical communication; Morningstar Investments -provides independent investment research and analysis in the U.S. and in major international markets with data and analyst reports; America's News by Newsbank - offexs tens of millions .of current and archived full-text articles-from news sources nationwide in a single, fully searchable online database. - Adult Progranuning -computer courses, resume and employment workshops, Wii for seniors, Quality Club, The Book Ends -- monthly book club discussion, Genealogy group - Youth Programming -.Weekly storytimes, weekly afternoon elementary progranns, reading buddies, book parties, Mother Goose on the Loose, eechonic gaming and crafts • EMS Department Update (D, HarrislD. Wait) Mayor Baldwin recognized EMS Director Dudley Wait who provided a briefing regarding the Ambulance Purchase Update. Highlights included the following: Current Fleet: - 4 Front line ambulances International chassis Safety interior in 3 of 4 Year Models: 2004 to 2007 Reliable yet expensive to maintain 286,465 miles on oldest - 2 Reserve ambulances Ford Chassis Year Models: 199b to 1999 Getting tired 248,687 miles on oldest New units, new ideas: _ ___ - Medics Ied process on interior design 03-13-2012 Minutes - Fleet Services provided input on chassis choice - Sprinter vs. Chevy Van Next Generation: - Smaller, safer, less expensive - Medics secured at ail times - Can reach majority patient and equipment - Lower maintenance, increased mileage - Will change some operations, but minimal irripact overall The Pdan: - If consensus, go out for bid - Plan for two ambulances, and allow bid results to help setting final unknowns - Have ambulances in place by late summer or early fall - Fleet maintenance will help with decision of letting go of any reserve ambulances Mayor Baldwin moved to fhe consent agenda. Consent Agenda The Consent Agenda is considered to be selfiexplanatory and will be enacted- by the Council with one motion. There will be no separate discussion of these items unless they are removed fiom the Consent Agenda upon the xequest by the Mayor or a Councilmember. 1. Minutes -Consideration and/or action regarding the approval of the minutes of the Regular Meeting of March 6, 2012. 2. Resolution No. 12-R-24 -Consideration and/or action approving a resolution amending the Cibolo Valley Local Government Corporation by-laws, providing for severability; repealing conflicting resolutions, and establishing an effective date. {J. Bierschwale/A. Cockerels) Mayor Baldwin read the following caption into record: RESOLUTION NO. Z2-R-24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS ADOPTING AN AMENDMENT TO THE BYLAWS OF THE CIBOLO VALLEY LOCAL GOVERNMENT CORPORATION; PROVIDING FOR SEVERABILITY; REPEALING CONFLICTING RESOLUTIONS; AND ESTABLISHING AN EFFECTIVE DATE. 3. Appointments) Reappointments and Resignations to City Boards, Commissions and Committees -Consideration and/or action regarding appointments/reappointments, and resignations to City Boards, Commissions and Committees. 03-13-2012 Minutes • Appointment of Gary Preston as an alternate member to the Transportation Safety Advisory Commission (TSAC). • Appointment of Johnie McDow as an alternate member to the Parks & Recreation Advisory Board. Mayor Baldwin recognized Mayor Pro-Tem Scagliola who moved, seconded by Councilmember Antuna to approve the consent agenda items 1, 2, and 3. The vote was unanimous. Motion carried. HearinE of Residents This time is set aside for any person who wishes to address the City Council. Each person should fall 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 specff c 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, rovill tali on those persons who have signed up to speak in the of°der they have registered. Mayor Baldwin recognized the following: Mayor Baldwin recognized the following who spoke regarding the issues v;~ith their homes and Pulte Homebuilders as well as requesting that the Fairhaven issues be placed on a future agenda. • Brian & Peggy Benavides, 5237 Brookline • Bruce Touve, 5213 Brookline • Faye Touve, 5213 Brookline • Eray Yilmaz, 3616 Storm Ridge • Lori Gillin, 5564 Columbia, first time speaking • Ken Russel, 6434 Mule Deer • Ryan Mahoney, 5233 Columbia • Jan Lapham, 5236 Columbia • Stephanie Quinn, 5524 Columbia • Omar & Priscilla Mendoza, 5348 Storm King • Molly Casas, 5228 Brookline • Ralph Hogue, 660 Rooster Run • Tricia Mattison, Home Owners for Better Building • Janet Ahmad, Home Owners for Better Building, also requested an item be placed on a future agenda. Mr. Kessel clarified that the City has met with several of the Fairness for Fairhaven representatives and there appears to be a terminology misunderstanding when referring to a permit for the retaining wall. The retainung wall was shown on the civil plans and those were properly approved prior to conshuction. There is not a separate permit required for the wall, 03-13-2012 Minutes as they are part of the civil plans. Copies of these plans have been given to Mr. and Mrs. Touve and he would be happy to provide a copy of these plans to others who request them. Mayor Baldwin requested Ms. Lapham to be specific on the follow-up from the October Council meeting that she mentioned she was still waiting for. Mr. Kessel mentioned that what he believes Ms. Lapham is referring to is the hope that Pulte would attend future Council meetings. Mr. Kessel stated he continues to invite Pulte to the meetings and to the best of his knowledge, Pulte has not attended. He cannot force Pulte to participate and be present at Council meetings. He continued to offer to facilitate any meetings between the homeowners and Pulte. Mr. Kessel stated that he wanted to reiterate that the offer to facilitate meetings with Pulte still stands. He indicated that without dialogue between the homeowners and Pulte, it is unlikely that there will be much progress, although others may argue that is not the case. He continues to meet with different groups of homeowners and members of the Home Owners for Better Building group, particularly regarding the retaining wall and the civic plans on the subdivision. He mentioned that he was invited last week by a homeowner, who wanted him to come out and look at his retaining wall. Mr. Kessel mentioned that he is not structural engineer, but he is happy to meet with the homeowner, look at his retaining wall, and listen to his comments and concerns. He wants to make certain, as he mentioned last week, that we take the opportunity to invite the Pulte stluctural engineer as well. The opinion of a city manager or a homeowner on a structural wall in the State of Texas is not a useful opinion, other than people can report what they see. A structural engineer is necessary to make an evaluation of the wall. The walls are private walls owned by private citizens on private property or by Homeowner's Associations. The Constitution of the State of Texas prevents the City from spending public funds on private property, Again, we can attempt to facilitate a meeting with athird-party engineer. Mr. Kessel indicated that we continue to have meetings with homeowners. Phone calls are taken or returned as quickly as passible. He wants all to remember that we need to keep dialogue open. If there is a concern about a buy back, .then this is a Pulte lssue and a warranty claim. We stand behind the citizens to have dialogue with Pulte and we continue to do our very best to keep both sides of this particular issue communicating. Hopefully, to make progress forward on the issue. Mayor Baldwin stated that this is a bad problem for the homeowners, and he has gone on record stating that if he lived in one of these houses, he would probably be sitting in the audience as well. However, the Council has another problem that has been created by this. We have hundreds of Pulte homes in the City and until the Fairhaven issues surfaced we had not heard of any complaints, Fox Pulte to buy back 40-60 homes will mean that the City will have all of these homes boarded up and vacant until such time that Pulte brings them up to same kind of minimum standards. They will then go on the market as homes that are damaged; those damages will have to be reported. This report will ga to realtors; the homes will be purchased at a huge discount. These homes will either be rented out or sold to those that you may not want in your neighborhood. Your neighborhood will be destroyed. Pulte homes in other subdivisions will suffer and not be able to be sold as well i 03-13-2012 Minutes This Council is just as responsible to all other citizens as we are to the homeowners in Fairhaven. We have done everything you have asked us to do with the exception of preventing Pulte from building in subdivisions where there are no problems. The City has provided all documents we have in our possession that have been asked for. We, the Council, have worked with the homeowners the best we could. We have offered to set up a meeting with Pulte. We have not been given the opportunity to find out if Puite will meet, because it has been stated by homeowners that they will only sit down to talk with Pulte if it concerns a buy-back. Mayor Baldwin further stated that he does not want to see 60 homes bought out in the subdivision as it will cause the neighborhood to deteriorate. Once Pulte buys back these homes, it leaves behind those who are left in the neighborhood to suffer from all of this. The Mayor asked those present to understand that there is more in this for the City Council than just the issues of those who are experiencing issues. We are concerned about these problems. This is an emotional issue. This issue needs to be resolved. The City Council cannot be expected to do things that they cannot do. The City Council has a responsibility to the entire community. The City is doing everything we can do. We are trying to open the doors. Speaking on his opinion only, and not that of any other on the Council, the Mayor mentioned that he would rather see the homes brought back to a decent state, and allow the homeowners to continue to occupy them and be happy with them. He understands this is not what is wanted, but to him the best scenario for the City Council would be to save the neighborhood. He does not know how long it would take Pulte to bring the homes up to a livable standard, and maybe this will never happen. Maybe Pulte will buy back a few houses. However, the rest of the residents will suffer along with all of the Pulte homeowners in this City. Speaking from the City Council's viewpoint, this issue is a lot deeper than telling Pulte that they cannot build anymore homes until they buy back these houses. In his opinion, this is not the solution. Having these homes bought back will not solve the problems of the other citizens who own Pulte homes. The Mayor indicated that he will welcome any rebuttal to his comments next week. Executive Session Called under Section 551.D71 Texas Government Code Litigation, pending or contemplated litigation; Section SSl.a72 Texas Government Code -Deliberation regarding the purchase, exchange, sale, lease, ar value of real property, or real estate, and Section 551.087 Texas Government Code -Deliberation regarding Economic Development Negotiations. Council did not meet in executive session. d. Take any action deemed necessary as a result of the Executive Session. No action taken as Council did not meet. Re~c nests and Announcements 03-13-2012 Minutes 5, Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. Mayor Baldwin recognized Councilmember Fowler who stated that he would like to see the City work with the Chamber to come up with a pamphlet that would provide information regarding the different soils we have in the area. This pamphlet could be given to the Realtors in the City and also given to new residents who come in to fill out an application for water services, This will help the new resident understand the soil condition and maintenance needed to help the home's foundation stabilize, City Manager John Kessel stated that discussion on this topic has taken place internally. The big concern when providing information is that the City has varying soil conditions. Each particular condition is unique and calls for a different solution. There is no one size fits all pamphlet. The concern is that the information in the pamphlet will either be too complex or we would have to simplify it so much that it would cease to be meaningful. In his personal experience, builders do provide information to a homeowner that provides specific information concerning the conditions of the soil. One of the big issues is to maintain moisture content around the home. He has heard citizens say that during a drought condition, they are told to water the foundation more, and when it is wet, to water less. This leads him to believe that people do not understand the root issue of their particular condition, Perhaps, some broad information that gives them sources to go to, such as web links to particular authorities or specialties on the subject would be helpful, He also mentioned that there are different types of sophisticated sprinkler systems that will come on and off depending on the moisture content of the soil. We cannot prescribe these means and methods. The City will continue to look into this, and the City needs to be careful when providing this information so that it is meaningful to all citizens in all conditions and put the responsibility of homeownership hack on the homeowner. We can provide resources; however, we are not the local parent to take on this responsibility. Councihnember Fowler suggested that there should be a way of making a simple matrix of the soil conditions and what the homeowner needs to research. The City should be able to categorize these conditions to help the citizen understand the conditions that exist. Providing information to lead them in the correct direction, would be beneficial. The more times this information is presented, the more it may became important to the individual. Mayor Pro-Tem Scagliola mentioned that sometimes too much information can be just as bad as not enough information. However, he believes that Councilmember Fowler is correct in his comments regarding that the more times the information is presented, the better chance of it making a difference. Mayor Pro-Tem Scagliola mentioned that some type of flier of information letting residents know what they should da at certain points during the year would be beneficial and he agrees with Councilmembex Fowler. 03-i3-2012 Minutes Councilmember Carpenter stated as a point of order, that this is the portion of the agenda where we discuss what we, the Council, would like to see on the next agenda and that this discussion needs to return to the subject at hand to avoid violating the Open Meetings Act. Councilmember Fowler stated that he would like this on the agenda, so that staff can investigate and bring back this information to Council. Councilmember Carpenter indicated that in fallowing the. rules as another point of order that Councilmember Fowler needs to say that he would like this on the next agenda as any member of Council can do. Councilmember Fowler indicated that he would like to see this item on an agenda in two weeks. Mayor Baldwin asked for comments from Council regarding placing the Fairhaven issue on a future Council agenda. He suggested that if this is placed on the agenda, that a few representatives make a presentation to Council regarding the situation. He reminded those present that once the presentation is complete, the remaining discussion will be between Council and not aback-and-forth dialogue. Mayor Baldwin suggested that the information be provided to Mr. Kessel to let him know what will be covered during the presentation. Councilmember Fowler indicated that he has an issue with adding this item to the agenda. The purpose of an agenda item should be specific in what is needed to be decided upon. The Council needs to have background information prior to the meeting to allow each member to make their own decision accordingly. The Mayor indicated that he does not see a problem with being able to provide the information to Council prior to the meeting. Mr. Kessel indicated that this would not be an action item, but rather a discussion item. A presentation, discussion, and a time for Council to ask questions would be how this item would be posted. There are several different groups that are interested in this situation. He mentioned that this item could include all groups together or separately, at the same time or at different times. A simple task of adding an item to agenda can became a complicated situation. Details will need to be worked out and he is happy to coordinate this effort. He would like to have more information before proceeding, and the date of the agenda item would depend on when all the information can be obtained and the details worked out. Councilman Antuna commented that he has no issue with adding this item to the agenda; however, the Council will need to have a solution and concrete dialogue between interested parties. Mr. Kessel indicated chat he could invite Pulte, and Councilmember Antuna responded that he could invite them, but that he will guarantee they will not show up. At least, though, they will be invited. Mr. Kessel stated he is trying to see what the benefit would be by placing this item on the agenda. The Council will easily dedicate an hour, even more on this subject. He wants to be sure that the time utilized will be constructive in nature from that point forward we will have a solution. 03-13-2012 Minutes Councilmember Antuna stated he is agreeable to adding this to the agenda, but he does not see how the time spent on this agenda item would create a solution to the problem because the other party will not show up. Cauncihnember Carpenter asked how would having this on the agenda as a public hearing, be different than utilizing the citizens to be heard section on the agenda, other than allowing Council to have commentary on the subject? Mr. Kessel responded stating that this item would not necessarily need to be a public hearing. Mr. Kessel continued saying that outside agencies do have items on the agenda, and they do provide information ahead of time. Discussion could occur from the podium to the dais, rather than from the dais to the podium. This would be the format. There is no other pal-ticular advantage to adding it to the agenda. From the Council's perspective, the audience cannot provide comments an what is being discussed, unless this is in public hearing format, City Attorney Katherine Tapley stated that if further action was needed to be taken after this item had been presented and discussed, then an additional agenda item could be placed on a future agenda. She agreed that either as a presentation or workshop farmat would be how the item should be posted on the agenda. The interaction would be specifically between Councilmembers and their direction of questions to the presenters. Mr. Kessel stated that he believes the items that will be presented are going to be what has been brought up during the citizens to be heard section of the agendas since October. Ms. Tapley indicated that we could request the materials that will be presented in advance. Mr. Kessel stated that this item would be a more formal procedure than citizen comments. With an agenda item, because it is a public notice, the discussion would have to be strictly centered on the topic posted. Ms. Tapley agreed and the proper topic would need to be posted to allow the public to know what will be discussed. Mayor Pro-Tem Scagliola mentioned that if there are some specific items and actions that need addressed and acted on, he would like to have a list to address these specific items. We need to f gore out the exact problem issues and address them one at a time. Ms. Tapley stated that in line with a presentation or workshop item that could be one of the specif c items that will be addressed. Councihnember Carpenter stated that Council has set a precedence to utilize such items as a workshop session discussion. It is not unusual to have a staff presentation coincide with a presentation from an outside group or agency at a workshop. Ms. Tapley concurred. Councilmember Fowler voiced his concerns of placing the item on an agenda far discussion. We need to address why we cannot do what is being asked of us. 03-13-2012 Minutes Ms. Tapley questioned if this is something that needs to be addressed on the agenda item. Councilmember Fowler agreed and further stated that we need to discuss what we can do as a Council and a City to put any pressure on any developer to provide information that is requested by the homeowner. Ms. Tapley indicated that the comments provided her with the information needed to complete a staff report. Mr. Kessel indicated that staff would provide factual information regarding this situation. The tone would be to allow the presenters of the item to share information with the Council and provide dialogue on the discussion. Councilmember Antuna stated that he agrees with this idea, but if we cannot give them any new information and Pulte will not show up, how efiFective is this agenda item? Mx. Kessel stated that different people have different ideas of what effective might be. This would be a fair opportunity to allow this to happen. Mr. Kessel has always enjoyed his meetings with the homeowners and both parties learn something new each time and these meetings always positively advanced the issue. By adding this item to the agenda, it may not solve all issues, but it could resolve other issues, move this issue forward in a meaningful way, or make some other type of positive impact, thus serving a purpose. b. Requests by Mayor and Councihnembers to City Manager and Staff for information. No information requestea~ 7. Announcements by Mayor and Councihnembers • City and community events attended and to be attended • City Council Committee and Liaison Assignments • 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 Councilmember Antuna who thanked the City Manager for the recent hire of Executive Director Brian James. Councilmember Antuna welcomed Mr. James. Mayor Baldwin recognized Councilmember howler who stated that the Council just signed a document encouraging the resignation of Judge Wiggins. He indicated that it will be interesting to see the political implications that will occur because of this. Councilman Antuna mentioned that the City of Cibolo also passed a resolution regarding the resignation of Judge Wiggins. He also mentioned that GVEC will be holding their annual board member elections on March 20, 2012, at 6:00 p.m. at the Schertz Civic Center. Councilman Antuna stated that this is our opportunity to elect someone from Schertz to serve on the board and encouraged applicants. 03-13-2012 Minutes Mayor Baldwin stated that on March 31St BVYA will be kicking off their season with opening ceremonies begixining with a parade at 9:00 a.m, and continuing with the actual ceremony at 10:00 a.m. He encouraged attendance from the City Council. Mayor Baldwin read a thank you card from Ryan Cunningham, formerly with Southwest Securities who has resigned in January 2012 to pursue other opportunities. 8. Announcements by City Manager Mayor Baldwin recognized City Manager John Kessel who recognized Executive Director Brian James and welcomed him to the City. Mr. Kessel stated that they received notice that Ford Engineering and the City of Schertz have received a national xecognition from the American Council of Engineering for the 2012 Engineering Excellence Award for the Live Oak Road Water Plant extension. He fiu-ther thanked interim City Engineer Mark Hill and Ford Engineering for their work in the City of Schertz. Mr. Kessel stated that he had a conversation with members of AACOG regarding air quality and attainment. We are on the brink on becoming anon-attainment city. One of the of the most important things we can do is to take this seriously and remain an attainment city as it is very hard to achieve this status again once lost. Mr. Kessel stated that Chief Don Taylor has submitted his resignation as Police Chief and that he and his staff will start the recruitment process for a qualified candidate. Mr. Kessel stated that Chief Taylor will stay on until the new chief is hired and thanked Chief Taylor for his hard woxk in the Police Department. Ad'ournment Mayor Baldwin adjoutried the meeting at 9:06 p.m. Mayor Hal B dwin ATTEST: Brenda Dennis, TRMC, MMC City Secretary 03-13-2012 Minutes