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05-29-2012 MinutesMINUTES REGULAR MEETING May 29, 2012. A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on May 29, 2012, at 5:30 p.m., in the Municipal Complex Council Chambers, 1400 Schertz Parkway, Building #4, Schertz, Texas: The following members present to -wit: Mayor Pro -Tern David Scagliola Councilmember George Antuna Councilmember Michael Carpenter Staff Present: Executive Director David Harris Executive Director Brian James City Secretary Brenda Dennis CALL TO ORDER REGULAR MEETING Councilmember Jim Fowler Councilmember Cedric Edwards City Manager John Kessel Executive Director John Bierschwale City Attorney Michael Spain Mayor Pro -Tern Scagliola called the meeting to order at 5:30 p.m. and welcomed everyone in attendance. Mayor Pro -Tem Scagliola moved into executive session. Executive Session — 5:30 p.m. Called under Section 551.071 Texas Government Code Litigation, pending or contemplated litigation; Section 551.072 Texas Government Code - Deliberation regarding the purchase, exehange,.sale, lease, or value of real property, or real estate, Section 551.074 Deliberation regarding personnel matters, duties of certain public officials and employees, and personnel and the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the City Manager. (Executive session is estimated to last 30 minutes at which point the rest of the agenda will be addressed) Reconvene into Revular Session Mayor Pro -Tem Scagliola reconvened into regular session at 6:08 p.m. No action necessary. INVOCATION AND PLEDGES OF ALLEGIANCE TO THE FLAGS OF THE UNITED STATES AND STATE OF TEXAS. 05 -29 -2012 Minutes Councilmember Fowler gave the invocation followed by the Pledges of Allegiance to the Flags of the United States and the State of Texas. Mayor Fro -Tem Scagliola welcomed everyone in attendance and recognized Guadalupe County Commissioner Jim Wolverton. City Events Announcements of upcoming City Events by Executive Directors (D. Harris /J. Bierschwale/B. James) Mayor Pro -Tem Scagliola recognized Executive Director of Support David Harris who asked members to please keep Purchasing and Asset Management Director Rita Duprat -Waldo and her family in their prayers as her son Chris Lewis was killed in an accident Sunday. Mr. Harris stated that the visitation is scheduled for Friday, June 1, 2012, from 4:00 p.m. to 9:00 p.m. at the Schertz Funeral Home and the Memorial Service is scheduled for Saturday, June 2, 2012, at 10:00 a.m. at the Schertz Civic Center, followed by a pot luck luncheon. Presentations • Library Presentation and Update (D. Harris /G. Douglas/M. Uhlhorn) Mayor Pro -Tem Scagliola recognized Library Director Gail Douglas, Youth Services Librarian April Toman, and Adult Services Librarian Elizabeth Blase who provided a briefing regarding the upcoming Summer Reading Program activities of the Library. Hearing of Residents This time is set aside far 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, and/or 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 -Tem Scagliola recognized the following people who spoke: • Diana Taylor, 5505 Columbia, who thanked the City Management and Council for their support with the situations with their homes in Fairhaven. Ms. Taylor also thanked those who came out this weekend for the pool opening. She mentioned that she turned over a $250.00 donation for the Hal Baldwin Scholarship fund on behalf of the Fairhaven HOA. • James Winslow, 10218 Oak Saddle, San Antonio who spoke supporting the Fairhaven Residents. 05 -29 -2012 Minutes Mayor Pro -Ter Scagliola recognized the following who spoke regarding the issues of: accountability, consumer protection, issues with their homes, requesting Council to approve their proposed Ordinances, and for Pulte to buy back their homes: • Donna Fitzgerald, 5304 Storm King • Ken and Angela Russell, 6034 Mule Deer • Ryan Mahoney, 5233 Columbia • Steve Clark, 5269 Brookline • Dan Hollistel, 5525 Columbia • Janet Ahmad, 18 Silverhorn, San Antonio • Mayor Pro -Tem Scagliola recognized Councilmember Edwards who mentioned the NIT Championship — The Great American Shoot -out for teams to compete for medals in this event. He was proud to announce that the San Antonio based Texas Tigers claimed the championship on Monday, May 28, 2012. The majority of the kids on this team are from the Schertz- Cibolo area, including his son, Cayne Edwards. Mayor Pro-Tern Scagliola indicated that the information requested by Home Owners for Better Building will be presented later this evening. Worksession Items • Presentation regarding Fairhaven home construction and development concerns. (B. James/M. Spain) Mayor Pro -Tem Scagliola recognized City Attorney Michael Spain and Executive Director of Development Brian James who provided the following information: Mayor Pro -Tem Scagliola recognized Executive Director of Planning Mr. Brian James and City Attorney Mr. Michael Spain who listed and explained answers to several questions asked by property owners of the City Council regarding the Fairhaven Agenda Item on May 22, 2012. There were several factors that were considered by City Staff in developing the responses to the questions and these include: • Does it help prevent the problems in Fairhaven from recurring? • Is it legal? • Can the City do it effectively? • Can the State or Federal government do it better? • Is there a better option? • What will it take to implement? Please note that: 05 -29 -2012 Minutes • The City of Schertz routinely updates its Unified Development Code (UDC) in response to comments from citizens, Boards and Commissions, and City Council. • Staff developed the "Proposed Development and Building Standards Beyond Current Minimums" in March 2012. • Based on the presentation of May 22, 2012, Staff is recommending modifications to those proposed standards. The questions posed and answered from City Staff are as follows: f. Do you think the pictures being displayed are "normal' for new homes? Staff Response: No, the pictures clearly indicate a problem. The solutions proposed should seek to reduce the likelihood of the problems recurring in another subdivision, with minimal unintended consequences. 2. Does the Council support the idea of requiring builders to have a surety bond in conjunction with the licensing requirement? The Cities of Abilene, Beaumont, Kerrville, Longview, and El Paso currently require contractors to provide surety bonds. Staff Response: The representatives from the Cities indicated bonds are required as a means of addressing code violations prior to issuance of a certificate of occupancy— not remedying a problem that appears after issuance of a certificate of occupancy. Cities will provide bond information to property owners /customers when asked. Upon request of the property owner the City of Beaumont will inspect the project and write a letter to the bonding company noting any code violations it -has identified and indicating that the homeowner claims it is a result of work done by the contractor. Only Abilene actually works to collect on the bond; in the other cities it is up to the property owner to pursue collecting the bond. The City of Schertz currently requires "all contractors who practice their craft within the City to show proof of general commercial liability insurance for claims for property damage, or bodily injury regardless of whether the claim arises from a negligence claim or on a contract claim. Coverage amount of liability insurance shall not be less than $250,000.00." The purpose of the bonding requirement in all of these cities is to address demonstrable code violations, which is not the case in the Fairhaven situation, 05 -29 -2012 Minutes The problems in and of themselves are not code violations and as such the requirement would not provide a remedy for homeowners who experience problems with foundations after the home has been constructed. As this would not address problems in Fairhaven, Staff does not support requiring contractors to post surety bonds. 3. Does -the Council agree builders should have to provide full disclosure, similar to those realtors and homeowners when they sell an existing home? Staff Response: Staff supports homebuyers obtaining all documents they feel are necessary in order to make informed decisions. It is not practical for the City to enforce a provision requiring certain documents to be provided before a person decides to buy a house or even puts up earnest money as part of a contract. The City should not require an individual buyer to have to consent to anything, including "to accept the terms" put forth by a homebuilder. The City should not try to dictate what information is provided to a buyer or potential buyer --- there is likely to be disagreement between people as to "benefits" of a particular home to be purchased. Some documents (building plans, HUD forms, or lists of contractors) may not exist for existing homes. The City can provide documents that are in its records to individuals who request them. Staff does not recommend that the City adopt and enforce Federal (EPA or HUD) or State (Texas Commission on Environmental Quality (TCEQ)) regulations. Enforcement should be uniform nationally or state -wide. These agencies monitor and enforce the regulations they create as they determine appropriate. Staff feels that enforcing environmental regulations is not something the City will be able to do as well as TCEQ or EPA. 4. Does the council support engineered foundation plans specific to each new house in Schertz? Staff Response: Yes, as per the "Proposed Development and Building Standards Beyond Current Minimums" previously proposed by City Staff in March; Staff recommends that we: 05 -29 -2012 Minutes Require soil test reports for each lot prior to engineering foundations. • Require a statement from an engineer that the slab was designed to the soil conditions of the site. • Require sealed engineer certifications stating foundations are constructed to plan specifications and industry standards. • Require monolithic pour on residential slabs to be certified by a third party inspector. • Require a minimum slab cure period prior to placing load on a "green slab" or commencement of framing to be certified by a third party inspector. • For post tension slabs, follow Post Tensioning Institute (PTI) guidelines for post - tension slab -on- ground foundations including: Inspection by third party PTI certified independent agency inspector; - Pre -pour, pour, and post -pour tension inspection, including slump test during concrete pour, Tendon Stressing Reports and Calibration records on Stressing Equipment; Tendon Stress inspectors shall be PTI certified with a minimum of 5 years experience (need to verify if service at this level is available in the region). Prohibit incursion into retaining wall fill (swimming pools, foundations, etc.) without structural engineer's design and seal. 5. Does the Council support requiring builders to build stick houses vs. using engineered components that have not been engineered to necessarily work together? Staff Response: The cities of El Paso and Frisco, Texas do not prohibit utilizing engineered components. City of Frisco, Texas responses • Does your city prohibit the use of pre engineered roof trusses? All framing in Frisco for residential new construction requires an engineered design regardless if constructed with conventional framing techniques or incorporating pre - engineered wood or trusses. 0 Arc the pre engineered roof trusses okayed with an engineered seal? We receive the pre - engineered truss assembles shop drawings signed and sealed from the specialty engineer of the manufacturer. The engineer of record for the entire structure is to review and accept the incorporation of these assemblies into the overall design. • Does your city issue a stop work order on contractors using pre engineered trusses if they are not permitted? We require the reviewed -engineered plans and shop drawings on site for inspection. If the framing does not match the plans, the inspection would fail and not move forward. It would be the responsibility then of the permit applicant to resubmit engineered plans matching construction or make corrections to the construction to match the design. 05 -29 -2012 Minutes The City Attorney is researching how regulations imposed at the Federal level would likely restrict a City's ability to prohibit engineered structured and components. Staff recommends that: Require pre - engineered truss shop drawings be signed and sealed from the engineer of the manufacturer. The engineer of record for the entire structure must provide letter accepting the incorporation of these assemblies into the overall design. Require the signed and sealed pre - engineered truss plans and shop drawings on site for inspection. If the framing does not match the plans, the inspection would fail and not move forward until engineered plans matching construction be resubmitted or corrections are made to the construction to match the design. 6. Does the Council support maintaining plan & plat approvals, along with environmental assessments for the period the Certificate of Occupancy is issued? Staff Response: Staff recommends that copies of all required documents should be maintained by the City for 10 years after issuance of a certificate of occupancy so as to be available. 7. Does the Council support efforts to create a home lemon law in the City of Schertz? Staff Response: Staff recommends the City work through organizations such as the Texas Municipal League to promote appropriate legislation to protect homeowners from poor quality construction. Staff feels that the creation and enforcement of a lemon law would be most effective on a statewide level, Such legislation has been proposed at the state level in the past. S. Can the City pull Pulte's license for homebuilding in Schertz? If no, why not? A. Why have the ordinance, if it is not enforced? No, the City cannot revoke Pulte's license as Pulte has not been found to have failed "to remedy unsatisfactory work, violations of the chapter, failure to obtain permits, or failure to obtain proper inspections." The City cannot revoke a contractor's license because a customer or group of customers does not feel the work is satisfactory, if the work complies with all City codes for issuance of a Certificate of Occupancy. Staff recommends amending this section to eliminate the reference to unsatisfactory work, as the City can only revoke a license for a violation of the City's Code of Ordinances. 05 -29 -2012 Minutes 9. Recommendation: the City should engage the Attorney General to investigate the issues concerning Fairhaven. The City is not in a position to "engage the Attorney General" to investigate issues concerning Fairhaven. Any violations of Federal and State laws should be initiated by the appropriate Federal or State agencies who are able to enforce their own regulations. Citizens may report their concerns to the Consumer Protection Division of the Texas Attorney General's Office via the Consumer Protection Hotline: (800) 621 -0508. According to the Attorney General, a significant number of complaints may give rise to legal action by the Attorney General. Note that lawsuits, if filed, are filed on behalf of the State of Texas. The Attorney General cannot represent individual consumers; nevertheless, some legal actions produce restitution for individual consumers. 10. Will you formally invite Pulte to be placed on a future City Council agenda to answer any questions you have remaining? Staff Response: Yes, the City will formally invite Pulte to be placed on a future City Council agenda. The City cannot legally require Pulte to attend a City Council meeting. 11. How soon can these be drafted up for City Council consideration, and done in 'a manner than can avoid citizens from having to resort to litigation? Staff Response: Staff can include an item on the Planning and Zoning Conunission's agenda in July to begin discussion on proposed ordinance amendments. Staff will work on a draft ordinance in June. 12. Knowing what you know and if you were put in this position, what would you do in our situation? Given that each resident is in a different situation with regards to problems with their homes, Staff should not presume to tell individual homeowners how best to resolve issues. Additionally, the residents who speak do not all have the same goal — some want their homes fixed, others want Pulte to buy their homes back. While the City can impose new regulations to reduce the chance of problems from recurring in the future, the City cannot force Pulte to buy back homes. Mr. James and lvlr. Spain discussed and explained the above questions and answers in detail and answered questions from Council. 05 -29 -2012 Minutes Mayor Pro -Tern Scagliola provided his closing comments, indicating that he is confident the City is moving forward. 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 May 22, 2012. Q. Kessel/B. Dennis) 2. Resolution No. I2 -R -44- Consideration and/or one permanent water delivery pipeline easement related to the water delivery pipeline with the Antonio Water System. (J. Bicrschwale/M. Spain) The following caption was read into record: action approving a Resolution authorizing and one temporary construction easement City of San Antonio for use by the San RESOLUTION NO. 12 -R -44 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING ONE (1) PERMANENT WATER EASEMENT AGREEMENT AND ONE (1) TEMPORARY CONSTRUCTION EASEMENT AGREEMENT 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 3. Resolution No. 12 -R -45 - Consideration and/or action approving a Resolution appointing George Antuna to the Lone Star Rail District Board — filling the vacancy of Mayor Hal Baldwin. (J. Kessel/Council) 4 The following caption was read into record: RESOLUTION NO. 12 -R -45 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, APPOINTING COUNCILMAN GEORGE ANTUNA TO FILL THE VACANCY OF MAYOR HAL BALDWIN ON THE BOARD OF DIRECTORS OF THE LONE STAR RAIL DISTRICT, AND OTHER MATTERS IN CONNECTION THEREWITH Resolution No. 12 -R -46 - Consideration and/or action approving the Woodland Oaks Regional Detention Facility Project Budget and approving a Resolution authorizing a professional services agreement with Ford Engineering, Inc. relating to engineering and design for the Woodland Oaks Regional Detention Facility 05 -29 -2012 Minutes U. Bierschwale /S. Willoughby) The following caption was read into record: RESOLUTION NO. 12 -R -46 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH FORD ENGINEERING, INC., RELATING TO ENGINEERING AND DESIGN FOR THE WOODLAND OAKS REGIONAL DETENTION FACILITY, AND OTHER MATTERS IN CONNECTION THEREWITH Resolution No. 12 -R -47 - Consideration and/or action rescinding the Wagner Materials and Construction contract, authorizing a Project Budget, and approving a Resolution authorizing a professional services agreement with Don McCrary and Associates relating to engineering and design for the Ware - Seguin Road Capital Improvement Project. (J. Bierschwale /S. Willoughby) The following caption was read into record: RESOLUTION NO. 12 -R -47 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH DON MCCRARY & ASSOCIATES, INC., RELATING TO ENGINEERING AND DESIGN FOR WARE SEGUIN ROAD CAPITAL IMPROVEMENT PROJECT, AND OTHER MATTERS IN CONNECTION THEREWITH 6. Resolution No. 12 -R -48 - Consideration and/or action regarding the reallocation of $240,000 in the Water & Sewer Fund for the I -35 Waterline Project, approving a Project Budget, and approving a Resolution authorizing a professional services agreement with Ford Engineering, Inc. relating to engineering, design, and hydraulic study for waterline replacement on IH 35 between Mobile Villa Estates and Schertz Parkway. (J. Bierschwale /S. Willoughby) The following caption was read into record: RESOLUTION NO. 12 -R -48 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH FORD ENGINEERING, INC., RELATING TO ENGINEERING, DESIGN AND HYDAULIC STUDY FOR WATERLINE REPLACEMENT ON 111-35 BETWEEN MOBILE VILLA ESTATES AND SCHERTZ PARKWAY, AND OTHER MATTERS IN CONNECTION THEREWITH 7. Resolution No. 12 -R -49 - Consideration and/or action approving a Project Budget and a Resolution authorizing a professional services agreement with Ford Engineering, Inc. relating to engineering, design, and hydraulic study for Chelsea Drive Drainage Channel Improvement. (J. Bierschwale /S. Willoughby) 05 -29 -2012 Minutes The following caption was read into record: RESOLUTION NO. 12 -R -49 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH FORD ENGINEERING, INC., RELATING TO ENGINEERING, DESIGN AND HYDRAULIC STUDY FOR CHELSEA DRIVE DRAINAGE CHANNEL IMPROVEMENT, AND OTHER MATTERS IN CONNECTION THEREWITH 8. Resolution No. 12 -R -50 - Consideration and/or action approving a Resolution authorizing an Interlocal Agreement with Cibolo Creek Municipal Authority to operate the Sedona Wastewater Treatment Plant. (J. Bierschwale /S. Willoughby) The following caption was read into record: RESOLUTION NO. 12 -R -50 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN INTL'RLOCAL AGREEMENT WITH CIBOLO CREEK MUNICIPAL AUTHORITY TO OPERATE THE SEDONA WASTEWATER TREATMENT PLANT, AND OTHER MATTERS IN CONNECTION THEREWITH 9. 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. Re- appointment of Councilmember George Antuna, Mr. Gary Inmon, and Executive Director John Bierschwale to the Tax Reinvestment Zone Number Two — Sedona Development Project (T1RZ II), Terms to expire September 2013. Appointment of Councilmember George Antuna as Ex- officio to the Schertz Seguin Local Government Corporation (SSLGC) Mayor Pro -Tem Scagliola recognized Councilmember Fowler who moved, seconded by Councilmember Edwards to approve consent agenda items 1, 2, 3, 4, 5, 6, 7, 8, and 9. The vote was unanimous. Motion carried. Mayor Pro -Tem Scagliola moved into Executive Session at 7:40 p.m. Executive Session Called under Section: 551.071 Texas Government Code Litigation, pending or contemplated litigation; 05 -29 -2012 Minutes • 551.072 Texas Government Code - DeIiberation regarding the purchase, exchange, sale, lease, or value of real property, or real estate; • 551.074 Deliberation regarding personnel matters, duties of certain public officials and employees, and personnel and the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the City Manager. Mayor Pro -Tem Scagliola reconvened into regular session at 8:10 p.m. 10. Take any action deemed necessary as a result of the Executive Session. No action required. Requests and Announcements 11. Requests by Mayor Pro -Tem and Councihnembers that items be placed on a future City Council agenda. No items requester. 12. Requests by Mayor Pro-Tern and Councilmembers to City Manager and Staff for information. Mayor Pro -Tem Scagliola requested information regarding the parking issues on the road behind the Library to be forwarded to TSAC. City Manager John Kessel stated that he would have Executive Director John Bierschwale look into this request and get back with him. 13. Announcements by Mayor Pro-Tem. 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 that he attended the services for Former Mayor Earl Sawyer on Monday, May 28, 2012. 3 Mayor Pro -Tem Scagliola stated that he attended the following: • Saturday, May 26, 2012, Fairhaven Pool opening and was presented $250.00 to go towards the Hal Baldwin Scholarship Fund from the Fairhaven HOA. • Saturday, May 26, 2012, EMS Extravaganza at the Forum and the EMS Casino Night event. 05 -29 -2012 Minutes • Monday, May 28, 2012, Memorial Services for former Mayor Earl Sawyer on Monday, May 28, 2012. 14. Announcements by City Manager Mayor Pro -Tem Scagliola recognized City Manager John Kessel who stated -that he wanted everyone to know and make certain that Rita Duprat -Waldo knows the Community and City Staff care deeply for her and support her during this tragic time after the loss of her son, Chris Lewis. He was a close friend to many of the City Staff. He mentioned the visitation would be on Friday, from 4:00 p.m. to 9:00 p.m. and Memorial Services would be at the Schertz Civic Center on Saturday, at 10:00 a.m. City Manager John Kessel publically complimented the Marshal's offices who were able to help a citizen resolve their issue this past Saturday. He wants the Marshal's office to know that he supports them 100 %. Mr. Kessel also indicated that Chief Don Taylor will formally retire on July 13, 2012, after a two week vacation. June 29, 2012, will be his last day in the office. Mr. Kessel thanked Chief Taylor for his service, guidance, and friendship. Chief Taylor thanked the City Council, City Manager for the opportunity Adjournment Mayor Pro -Tem Scagliola adjourned the meeji" at 8:22 p.m. Mayor Pro- ATTEST: 4 renda Dennis, TRMC, MMC City Secretary 05 -29 -2012 Minutes