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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. 04 -24 -2012 Minutes • 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 04 -24 -2412 Minutes 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. 04 -24 -2012 Minutes • 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 04 -24 -2012 Minutes 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. 04 -24 -2012 Minutes 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 04 -24 -2012 Minutes 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 04 -24 -2012 Minutes