04-24-2012 MinutesMINUTES
REGULAR MEETING
April 24, 2 01
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on April 17,
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
Executive Director Brian James
City Secretary Brenda Dennis
CALL TO ORDER REGULAR MEETING
Councilmember Jim Fowler
Councilmember Michael Carpenter
Executive Director David Harris
City Attorney Michael Spain
Deputy City Secretary Cynthia Raleigh
Mayor Pro -Tem Scagliola 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 by Executive Directors (D. Harris/J. BierschwaleB.
James)
• Meet the Candidates, April 25, 2012, 6 - 8 p.m., Civic Center
• Frost Bank Fiesta Breakfast, April 26, 2012, 7:30 - 9:30 a.m., Frost Bank, Schertz
• YMCA Annual Celebration Dinner, May 3, 2012, 6 p.m., Tri -Point Graham Center, San
Antonio
• Schertz Sweetheart Coronation, May 3, 2012, 6 p.m., Civic Center
New Employee Introductions
• Fire Department (D. Covington)
Mayor Pro-Tern Scagliola recognized Fire Chief David Covington who introduced new
employees: Tom Hollick, Craig Starr, and Alex Armstrong.
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• Animal Services (G. Logan)
Mayor Pro -Tern Scagliola recognized Director of Parks, Recreation, and Community
Services, George Logan who introduced Shanna Roman, the new Animal Services Manager.
• Police Department (M. Bane)
Mayor Pro -Tem Scagliola who recognized Police Captain Marc Bane who introduced two
new employees: Ryan McCosh and Rob Johnson.
• Mayor Pro -Tem and Council welcomed all new employees.
Presentations
• Animal Services Department Update (B. James /G. Logan/S. Roman)
Mayor Pro -Tem recognized Animal Services Manager Shanna Roman who provided a brief
presentation regarding the activities of the Animal Services facility and answered questions
from Council. Phil Gaudreau made a short presentation on the progress of the new animal
shelter and new proposed location requesting approval from Council to proceed. Mr.
Gaudreau answered questions from Council regarding the new facility.
• Playscape Status Update (B. James/P. Gaudreau)
Mayor Pro -Tem recognized Owner's Representative Consultant Phil Gaudreau who provided
a brief presentation regarding the status of the Playscape project and answered questions
from Council.
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, 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 Pro-Tern Scagliola recognized the following who spoke:
• Maggie Titterington, Schertz Chamber of Commerce, presented the Chamber of Commerce
quarterly report.
• R.Clare Layton, 12231 Lost Meadows Drive, regarding Hunter Estates
• Anneka Dahle, 9124 FM 1518 N, regarding European Open Junior Dog Agility Competition
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Mayor Pro -Tem Scagliola recognized the following who spoke regarding the issues with their homes
and Pulte Homebuilders requesting the item be placed on a future agenda, requesting information the
City has given to Pulte and for Pulte to buy back their homes:
• Janice Lapham, 5236 Columbia Drive
• Sherry Clark, 5269 Brookline
• Donna Fitzgerald, 5304 Storm King
• Heather Camelio, 5224 Brookline
• Molly Casas, 5228 Brookline
• Ken Russell, 6034 Mule Deer
• Ryan Mahoney, 5233 Columbia Drive
• Erai Yihnaz, 3616 Storm Ridge
• George Alejos, League of United Latin American Citizens
• Janet Ahmad, Homeowners for Better Building
• Dan Hollestelle, 5525 Columbia Drive
The following information was clarified by Mayor Pro -Tem Scagliola, City Manager John Kessel
and City Attorney Michael Spain regarding statements made by some of the Fairhaven Home
Owners during this section:
• The City has spoken to Pulte regarding an agenda item; however, the City cannot force Pulte
to attend a meeting. More information is being collected for this agenda item and the item
will not be placed on the agenda until all information is available. This could be discussed at
a later date and there is no new information to share that has not already been mentioned at
previous meetings.
• Having an item placed on the agenda does not create an open dialogue between homeowners
and Councilmembers. The agenda item would allow for open dialogue between
Councilmembers, and will not create. a town hall meeting.
• All of the homes in Fairhaven were inspected and met the building code. Each home had a
final walk- through by the homeowner after the build was complete and before occupancy.
The problems with these homes are warranty issues and are between the homeowner and the
homebuilder.
• It is not the role of the City to enforce a Department of Housing and Urban Development
document.
• The City has had multiple meetings with the homeowners and representatives from
Homeowners for Better Building, and progress has been made at these meetings. Staff has
committed an accumulative amount of 900 hours on this item, more time than any other
project in the past six months. The ordinance and UDC amendments that were proposed by
Mr. Kessel are in the process and the time line for these to be completed is being followed.
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• The City will not force a private company to buy back homes. It is the City's understanding
that if Pulte can fix a home, it will be fixed by Pulte and they will not buy back a home that is
repairable.
The City cannot force homeowners to meet with Pulte, but it does it encourage these
meetings to occur and the City continues to offer to facilitate this dialogue. If citizens refuse
to have these meetings with Pulte, the City will move on to work on other City business
matters. The City will continue its dialogue with Pulte and the citizens, but until both sides
agree to meet, progress cannot be made.
Mayor Pro -Tern Scagliola mentioned that he appreciates the homeowners being present at the City
Council Meetings. He indicated that the agenda of the homeowners is to demand the City to force
Pulte to buy these homes back. The City needs to research this in great detail before any action is
taken. The City will place this item on the agenda when all of the information is gathered and he
hopes that closure can be achieved at that point.
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 Pro -Tem or a Councilmember.
1. Minutes - Consideration and/or action regarding the approval of the minutes of the Regular
Meeting of April 17, 2012.
2. Resolution No. 12 -R -33 — Consideration and/or action approving a resolution authorizing
four permanent water delivery pipeline easements and three temporary construction
easements related to the water delivery pipeline with the City of San Antonio for use by the
San Antonio Water System (SAWS). (J. Kessel/K. Tapley)
The following caption was read into record:
RESOLUTION NO. 12 -R -33
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING FOUR (4) PERMANENT WATER EASEMENT AGREEMENTS
AND THREE (3) TEMPORARY CONSTRUCTION EASEMENT AGREEMENTS
WITH THE CITY OF SAN ANTONIO FOR THE USE, BENEFIT, AND CONTROL
OF THE SAN ANTONIO WATER SYSTEM BOARD OF TRUSTEES, AND OTHER
MATTERS IN CONNECTION THEREWITH
Mayor Pro -Tem Scagliola recognized Councilmember Fowler who moved, seconded by
Councilmember Antuna to approve the consent agenda items 1 and 2. The vote was
unanimous. Motion carried.
Discussion and /or Action Items
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3. Resolution No. 12 -R -25 - Federal Emergency Management Agency (FEMA) Fire
Prevention & Safety Grant Application - Consideration and/or action approving a resolution
authorizing a grant application to FEMA for the Fire Prevention and Safety Grant. (J.
Bierschwale/D. Covington)
The following caption was read into record:
RESOLUTION NO. 12 -R -25
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING A GRANT APPLICATION TO FEMA FOR THE FIRE
PREVENTION AND SAFETY GRANT
Mayor Pro -Tem Scagliola recognized Councilmember Edwards who moved, seconded by
Councilm.ember Carpenter to approve Resolution No. 12 -R -25. The vote was unanimous.
Motion carried.
Chief David Covington and Lieutenant John Perry assisted Mayor Pro -Tem in a fire
prevention demonstration utilizing equipment that would be purchased if grant money is
received.
Mayor Pro-Tern Scagliola moved into Executive Session at 7:56 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 of real property, or real estate, and Section 551.074 Deliberation
regarding personnel matters, duties of certain public officials and employees.
Mayor Pro -Tem Scagliola reconvened into regular session at 9:00 p.m.
4. Take any action deemed necessary as a result of the Executive Session.
No action taken.
Requests and Announcements
5. Requests by Mayor Pro -Tern and Councilmembers that items be placed on a future City
Council agenda.
No items requested.
6. Requests by Mayor Pro-Tem. and Councilmembers to City Manager and Staff for
information.
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Mayor Pro -Tem Scagliola recognized Councilmember Fowler who requested a pamphlet be
created and distributed to residents regarding soil conditions in the City. City Manager John
Kessel commented that staff has been researching this information and due to the abundant
amount of information available and the many different-soil types in the community, the City
will need to be mindful to provide correct information for each different soil type. Mr.
Kessel indicated that home builders do provide this information to the purchaser and if such
information were to be provided to residents, it may be best to utilize the City Web Site for a
more interactive approach. Mr. Kessel will direct staff to continue to research this request.
7. Announcements by Mayor Pro-Tern and Councilmembers
• 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 Pro -Tem Scagliola recognized Councilmember Fowler who stated he attended the
following events:
• Schertz Chamber of Commerce Ribbon Cutting — GG's Cut and Style, April 19, 2012
• Schertz Chamber of Commerce Ribbon Cutting — The Laptop Specialist, April 18,
2012
• Schertz Chamber of Commerce Ground Breaking Ceremony — New Haven Assisted
Living and Memory Center, Cibolo, April 16, 2012
• Corbett Junior High School Student Life Goal Program
Mayor Pro -Tem Scagliola recognized Councilmember Edwards who stated that he attended
the following event:
• Crawfish Boil, April 21, 2012
• Councilmember Edwards would like to see a Crawfish Festival in Schertz
Mayor Pro -Tem Scagliola stated the attended the following events:
• Schertz Chamber of Commerce Ribbon Cutting — The Laptop Specialist, April 18,
2012
• Schertz Chamber of Commerce Ground Breaking Ceremony — New Haven Assisted
Living and Memory Center, CiboIo, April 16, 2012
8. Announcements by City Manager
Mayor Pro -Tem Scagliola recognized City Manager John Kessel who commended Erin
Matlock on her exceptional planning and organizing of the monthly tours and meetings with
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industrial and commercial businesses in Schertz. These visits are opening the lines of
communication between the City and the businesses regarding expansions of their buildings,
parking lots and personnel.
Adjournment
Mayor Pro -Tern Scagliola adjourned
ATTEST:
Mayor Pro -Tem
. 0'. "-, ) -
CynthIV Raleigh, CP 91;�Puty City Secretary
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