05-01-2018 MinutesMINUTES
REGULAR MEETING
May 1, 2018
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on May 1,
2018, at 6:00 p.m. in the Hal Baldwin Municipal Complex Council Chambers, 1400 Schertz
Parkway, Building #4, Schertz, Texas. The following members present to -wit:
Mayor Michael Carpenter
Councilmember Mark Davis
Councilmember Scott Larson
Councilmember Angelina Kiser
Staff Present:
Executive Director Dudley Wait
City Attorney Dan Santee
Mayor Pro -Tem David Scagliola
Councilmember Ralph Gutierrez
Councilmember Cedric Edwards
Councilmember Bert Crawford
Acting City Manager Brian James
Assistant to the City Manager Sarah Gonzalez
City Secretary Brenda Dennis
Call to Order — City Council Regular Session
Mayor Carpenter called the regular meeting to order at 6:03 p.m.
Opening Prayer and Pledges of Allegiance to the Flags of the United States and State of
Texas. (Councilmember Davis)
Employee Recognition
• EMS —Part time EMT William Cook, EMT David Gonzales, Gabriel McWhorter
and Charles Crismon, Paramedic Tyler McNiel
• Police Department — Part Time Communication Officer Starla Blake, Civilian
Evidence Tech Chelsea Garcia
• Parks, Recreation and Community Services —Part time Park Worker 1 Dustin
Young
s Public Works — Water — Serviceman 1 Robin Smith, Streets — Street Worker
Casey Washington
Each department supervisor introduced their new employee(s), provided a brief bio on
them and gave each one an opportunity to speak to Council if they so desired. Mayor and
Council welcomed the new employees on board the city staff.
Presentation
Proclamation recognizing Economic Development Week. (Mayor)
Mayor Carpenter read the proclamation recognizing Economic Development Week and
congratulated city staff members on the great job they are continuing to do.
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City Events and Announcements
® Announcements of upcoming City Events (B. James/D. Wait/S. Gonzalez)
Mayor Carpenter recognized Executive Director Dudley Wait who provided the following
announcements:
Thursday May 3rd — Sweetheart Court Coronation 5:3012.m.
Civic Center, Refreshments served at 5:30 p.m. — Coronation program begins at 6:00 p.m.
Saturday, May 5th, Shred Day 9:00 a.m. -12:00 p.m.
Community Circle Drive.
Saturday, May 5th — Music in the Park 1:00 p.m. — 4:00 p.m.
Pickrell Park- -come celebrate Cinco de Mayo with Mariachi Las Coronelas, taco food truck
and activities for the kids.
Tuesday, May 811
City Council Meeting 6:00 pm, Council Chambers
Wednesday, May 91
San Antonio Manufacturing Association's Annual Trade Show, 10:00 am — 4:00 pm
Freeman Coliseum Exposition Hall - Contact EDC to secure your tickets.
Thursday, May 10th
Northeast Partnership Meeting 11:30 am, Olympia Hills Golf and Conference Center
Saturday, May 191
EMS Golf Tournament 2018 1:30 pm, Olympia Hills Golf Club - Registration begins
12:00 pm - $360 per team or $90.00 per person - Contact EMS X1400
Announcements and recognitions by the Acting City Manager (B. James)
No announcements were provided.
a Announcements and recognitions by the Mayor (M. Carpenter)
No announcements were provided.
Dearing of Residents
Mayor Carpenter recognized the following individuals who spoke:
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® Ms. Maggie Titterington, with The Chamber, who provided information and thanks to
everyone who attended the groundbreaking ceremony on Thursday at the Kellum Family
Medical Center.
Ms. Titterington also reminded everyone of the upcoming Bowl- a -Thon Friday May 11,
2018, 5:30 p.m. to 9:00 p.m. at Fiesta Lanes in New Braunfels; funds raised will go toward
the purchase of the rescue boat for the Schertz Fire Rescue.
Ms. Titterington also gave a shout out to Police Chief Hansen. They are already making
plans for the ReMax Skylight Balloon Fest. They are already seeking vendors and Schertz
will have a 40x40 footprint. Within that area will be some police vehicles and maybe some
officer recruitment. They hope Animal Services will bring their truck as well. They are
expecting about 10,000 people to show up.
Lastly, at their May 15"' Chamber lunch coming up soon, representatives from TxDOT will
be coming out to provide updates on projects going on in our area and answer questions.
® Mr. Bobby Jones, 752 Moss Wood, who spoke about how Schertz Parkway is still a rough
road even after the recently completed reconstruction and improvements. Mr. Jones also
addressed the issue of short term rentals, the associated parking problems with them and
why the city should regulate them. Even the HOA's do not support these type of rentals.
Consent Agenda Items
The Consent Agenda is considered 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 of the Mayor or a Councilmember.
1. Minutes — Consideration and/or action regarding the approval of the minutes of the
Regular meeting of April 24, 2018. (B. James/B. Dennis)
2. Ordinance No. 18 -T -14 — Consideration and/or action approving an Ordinance authorizing
a budget amendment to fund the ground storage tank repainting project. Final Reading (D.
Wait /J. Hooks)
The following was read into record:
ORDINANCE NO. 18 -T -14
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AUTHORIZING A BUDGET AMENDMENT TO FUND THE GROUND
STORAGE TANK REPAINTING; REPEALING ALL ORDINANCES OR PARTS
OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING
AN EFFECTIVE DATE
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3. Resolution No. 18 -R -45 - Consideration and/or action approving a Resolution authorizing
the Acting City Manager to enter into a-contract with M & M Tank Coating Co. Inc. for the
Schertz Ground Storage Tank Repainting project. (D. Wait /J. Hooks)
The following was read into record:
IS 1_ Wei 0 Lei ► § 12 rel F COME
4. Resolution No. 18 -R -50 — Consideration and/or action approving a Resolution approving a
request for a Historical Incentive Program for the Main Street Grant for 528 Main Street.
(B. James)
The following was read into record:
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS APPROVING A REQUEST FOR A HISTORICAL INCENTIVE
PROGRAM FOR THE MAIN STREET AREA GRANT FOR 528 MAIN
STREET IN THE CITY OF SCHERTZ, TEXAS, AND RELATED
MATTERS IN CONNECTION THEREWITH
5. Resignations to the various City Boards, Commission and Committees — Consideration
and/or action approving the resignation of Mr. Gary Howell from the Economic
Development Corporation Board. (Mayor /Council)
6. Resolution No. 18 -R -53 — Consideration and/or action approving a Resolution authorizing
Water, Wastewater, Access, and Drainage Easements with San Antonio One and San
Antonio Three Limited Partnerships for the use, benefit, and control of the City of Schertz
for the operation, maintenance, and access to water, wastewater, and drainage facilities on a
private property in the vicinity of Wiederstein Road and IH 35. (B. James /K. Woodlee)
The following was read into record:
RESOLUTION NO. 18 -R -53
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
APPROVING AND AUTHORIZING WATER, WASTEWATER, ACCESS, AND
DRAINAGE EASEMENT AGREEMENTS FROM SAN ANTONIO ONE "AND SAN
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ANTONIO THREE 1 1 PARTNERSHIPS, 1 OTHER MATTERS IN
C011WECTION THEREWITH
Mayor Carpenter recognized Councilmember Davis who moved seconded by
Councilmember Gutierrez to approve the consent agenda items 1 through 6. The vote was
unanimous with Mayor Pro -Tem Scagliola, Councilmembers Davis, Gutierrez,
Larson, Kiser and Crawford voting for and no one voting no. Councilmember
Edwards was absent. Motion Passed.
Mayor Carpenter moved to Item 12 of the agenda.
Closed Session
Mayor Carpenter convened into closed session at 6:33 p.m.
12. City Council will meet in closed session under section 551.087 of the Texas Government
Code, Deliberation Regarding Economic Development Negotiations; Closed Meeting. The
governmental body is not required to conduct an open meeting (1) to discuss or deliberate
regarding commercial or financial information that the governmental body has received
from a business prospect that the governmental body seeks to have locate, stay, or expand
in or near the territory of the governmental body and with which the governmental body is
conducting economic development negotiations; or (2) to deliberate the offer of a financial
or other incentive to a business prospect.
• Project E -038
• Project E -039
Councilmember Edwards arrived at 7:04 p.m.
Reconvene into Regular Session
Mayor Carpenter reconvened into regular session at 7:1 6 p. m.
12a. Take any action based on discussions held in closed session under Agenda Item 12.
Mayor Carpenter stated that Acting City Manager Brian James is directed to begin
negotiations with the City of San Antonio to bring certain parcel or parcels of land into the
City of Schertz from the City of San Antonio ETJ.
Mayor Carpenter moved to Item 9 of the agenda.
Discussion and Action Items
9. Resolution No. 18 -R -51 — Consideration and/or action approving a Resolution authorizing
a program and expenditures as provided for in the Performance Agreement between the
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City of Schertz Economic Development Corporation and Schertz 312, LLC. (B. James/K.
Kinateder)
The following was read into record:
119 =0 Kill UIXIS lAE 19 : & -I
Mayor Carpenter recognized Councilmember Edwards who moved seconded by
Councilmember Kiser to approve Resolution No. 18 -R -51. The vote was unanimous with
Mayor Pro -Tem Scagliola, Councilmembers Davis, Gutierrez, Larson, Edwards,
Kiser and Crawford voting for and no one voting no. Motion Passed.
Mayor Carpenter stated, for the record, the developer behind Schertz 312, LLC, is Titan
Development with whom the city has a long -time track record and this agreement
formalizes our united effort to attract another one million square foot user to our city. This
decision ensures the city continues leading the effort for industrial development. We look
forward to more great things through this agreement.
10. Resolution No. 18 -R -52 — Consideration and /or action approving a Resolution authorizing
a program and expenditures as provided for in the Performance Agreement between the
City of Schertz Economic Development Corporation and VWRl, LLC. (B. James/K.
Kinateder)
The following was read into record:
RESOLUTION NO. 18 -R -52
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING A PROGRAM AND EXPENDITUES AS PROVIDED FOR IN
THE ECONOMIC DEVELOPMENT PERFORMANCE AGREEMENT BETWEEN
THE CITY OF SCHERTZ ECONOMIC DEVELOPMENT CORPORATION (THE
"SEDC ") AND WRl LLC (THE "COMPANY "); AND OTHER MATTERS IN
CONNECTION THEREWITH.
Mayor Carpenter recognized Councilmember Edwards who moved seconded by
Councilmember Kiser to approve Resolution No. 18 -R -52. The vote was unanimous with
Mayor Pro -Tem Scagliola, Councilmembers Davis, Gutierrez, Larson, Edwards,
Kiser and Crawford voting for and no one voting no. Motion Passed.
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Mayor Carpenter stated that on this one the developer behind WRl, LLC is Five Star
Properties who has also made an aggressive push to develop more retail sites in the city.
He invited the representatives from the involved parties to come forward and share their
thoughts as well.
EDC Executive Director Kyle Kinateder introduced Josh Majors with Five Star Properties
who thanked everyone from the city who was involved in this project. He then introduced
Mitchell Roberts who was representing Evo Entertainment Group whose company will be
the main anchor here —they will be bringing a 73,000 square foot entertainment facility to
the city of Schertz. He thanked everyone for their help and they look forward to getting this
project started and open.
Mayor Carpenter moved to Item 7 on the agenda.
7. Ordinance No. 18 -T -15 – Consideration and/or action approving an Ordinance authorizing
an adjustment to the Fiscal Year 2017 -2018 budget to recognize additional Library
donations, to transfer funds from the Library Board to the Library Personnel Budget and
authorize a temporary summer employee, to increase the budget for the temporary sewer
treatment plant expansion, and to increase the budget for 3rd parry inspection services;
repealing all ordinances or parts of ordinances in conflict with the ordinance; and providing
an effective date. First Reading (B. James /J. Walters)
The following was read into record:
ORDINANCE NO. 18 -T -15
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AUTHORIZING AN ADJUSTMENT TO THE FISCAL YEAR 2017 -2018
BUDGET TO RECOGNIZE ADDITIONAL LIBRARY DONATIONS, TO
TRANSFER FUNDS FROM THE LIBRARY BOARD TO THE LIBRARY
PERSONNEL BUDGET AND AUTHORIZE A TEMPORARY SUMMER
EMPLOYEE, TO INCREASE THE BUDGET FOR THE TEMPORARY SEWER
TREATMENT PLANT EXPANSION, AND TO INCREASE THE BUDGET FOR
3P-D PARTY INSPECTION SERVICES; REPEALING ALL ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND
PROVIDING AN EFFECTIVE DATE
Mayor Carpenter recognized Finance Director James Walters who stated this was the
second quarterly budget adjustment they have brought to Council this year. Council had no
questions on this item.
Mayor Carpenter recognized Councilmember Edwards who moved seconded by
Councilmember Crawford to approve Ordinance No. 18 -T -15 first reading. The vote was
unanimous with Mayor Pro -Tem Scagliola, Councilmembers Davis, Gutierrez,
Larson, Edwards, Kiser and Crawford voting for and no one voting no. Motion
Passed.
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8. Ordinance No. 18 -I+ -16 — Consideration and/or action approving an Ordinance granting an
electrical transmission and distribution and communications franchise to the Guadalupe
Valley Electric Cooperative, Inc. for the use of City streets, alleys, and public ways for a
ten year term. First reading (D. Wait)
The following was read into record:
Mayor Carpenter recognized Executive Director Dudley Wait who stated this is a proposed
ten -year agreement and a renewal of previous franchise agreements. Originally, we entered
into an agreement with them in 1972 which was for a twenty five year term. The next
agreement was for ten years and expired in 2008.
This proposed agreement is a ten year agreement with a two percent franchise fee
remaining.
GVEC is requesting we add that franchise fee to their fiber optic lines as well, which is a
service they did not .offer in 1998 and carry that forward for another ten year agreement.
They will bring this back to council in two to four weeks for a second reading. Mr. Wait
addressed questions from Council.
Mayor Carpenter recognized Councilmember Crawford who moved seconded by
Councilmember Edwards to approve Ordinance No. 18 -F -16 first reading. The vote was
unanimous with Mayor Pro -Tem Scagliola, Councilmembers Davis, Gutierrez,
Larson, Edwards, Kiser and Crawford voting for and no one voting no. Motion
Passed.
Workshop
® Presentation and discussion regarding short -term rentals and regulations. (L. Wood/B.
Cox/C. Gould)
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Mayor Carpenter recognized Planner I Channary Gould who explained that short term
rentals called pit pads were rentals primarily for military personnel. The city's UDC does
not include a definition for short term rentals but it is generally defined as `any rentals that
are for periods of less than 30 consecutive days to an occupant, typically in a residential
dwelling unit. They may or may not be owner- occupied. They are subject to Hotel
Occupancy Tax (HOT). The state comptroller's rate is 6% and cities and counties are
authorized to impose additional local hotel taxes. Schertz's HOT is equal to 7 %. There are
many websites available where property owners can advertise. San Antonio, Austin and
San Marcos all have registration requirements for obtaining permits to operate.
For Schertz, staff advises to continue to monitor this business for complaints and become
prepared to address issues in the future. They recommend adopting a permitting or
registration process to address short term rentals in advance of the amount of rentals
increasing in the future. This would also require amending the UDC. Ms. Gould, Mr.
Brooks, and Mr. Walters addressed questions from Council.
Suggestions from Council were to first educate the community by publishing some
informational articles in the Schertz Magazine. They continued to discuss permitting,
safety, building code compliance, fire requirements, parking regulations, etc.
® Discussion and possible action regarding proposed workshop only meetings on the 3rd
Tuesday's of the month as needed. (B. James)
Mayor Carpenter recognized Acting City Manager Brian James who stated staff desires to
bring items to Council for discussion and dialog; however, they are aware that a lot of
times the agendas get overloaded with items. Their suggestion is to hold workshops on the
third Tuesdays of the month (only as needed) when we normally do not have a regular
council meeting. We could limit the workshop items to one or two and the time frame to
one hour or one and a half hours. The disadvantage would be it isn't on your calendar
already and you may not be able to attend.
Mayor Carpenter stated it sounds like basically Council needs to decide if they want shorter
meetings and more of them or longer meetings and fewer of them. Discussion amongst
members was in regard to limiting presentation and debate time, extending time when
needed, having informational documents in advance for workshops, being prepared in
general, knowing staff s recommendation and revisiting workshop subject matter for a
second time, etc.
Acting City Manager Brian James made several suggestions that staff could initiate: place
more items on consent that don't really need additional discussion and create a one or two
page sheet summarizing the key aspects with a recommendation for an item. If they still
have questions, they can call him and/or the department head of that item and look at our
workshop information and how much information we provide.
Mayor Carpenter instructed the City Secretary to put an item on the next agenda to discuss
our Rules of Procedure with discussion and potential action. He will also try to do some
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work on how we do our agendas and manage our time and proceed in a manner that
balances giving due time to items of great importance and due time to items that are
routine as well as equal time amongst the council members for comments and discussion.
Mayor .Carpenter stated that due to the time this evening he would like to take up workshops 3 and
4 at the next meeting and have staff provide the PowerPoints to Council on these items.
® Discussion on short term space needs. (D. Wait/J. Harshman/T. Buckingham)
This item will be taken up at the next meeting.
® Discussion regarding large repairs /CIP Projects. (D. Wait /J. Harshman/T. Buckingham)
This item will be taken up at the next meeting.
Roll Call Vote Confirmation
Mayor Carpenter recognized City Secretary Brenda Dennis who provided the roll call votes on
items 1 -10.
Closed Session
11. City Council will meet in closed session under section 551.074 of the Texas Government
Code, Personnel Matters to deliberate the appointment, employment, evaluation,
reassignment, duties, discipline, or dismissal of the City Manager.
Mayor Carpenter convened into closed session at 9: 09 p. m.
Reconvene into Regular Session
Mayor Carpenter reconvened into regular session at 10:27p.m.
11 a. Take any action based on discussions held in closed session under Agenda Item 11.
No action taken.
Requests and Announcements
® Announcements by the Acting City Manager.
Acting City Manager Brian James stated that he will provide Council with a summary on
the Main Street project.
Requests by Mayor and Councilmembers that items be placed on a future City Council
agenda.
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No Items were requested
® Announcements by Mayor and Councihnembers .
• 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
Mayor Carpenter recognized Mayor Pro -Tem Scagliola who stated he is looking
forward to the Sweetheart Court Coronation on Thursday.
Mayor Carpenter recognized Councilmember Davis who complimented the Schertz
EMS staff and their professionalism. He especially thanked EMS staff, Paramedics
Mike Rice and Denise Connors, who made a big difference in the way he felt on
one particular day. Thanks again for the EMS Department! He is glad they are
here.
Mayor Carpenter recognized Councilmember Edwards who complimented the great
grand opening /ground breaking of the Kellum Medical Practice which will be
opening here in Schertz. These events are great opportunities to just shake hands
with members of the community and other folks and sell the attributes of our city.
Mayor Carpenter stated that he will work on some ideas for our discussion for
reviewing our rules of procedure for next time.
13. Information available in City Council Packets - NO DISCUSSION TO OCCUR
® Update information from the Committee of Committees Advisory Commission
(CCAB). (B. James /S. Gonzalez)
® Update information regarding the Movin' on Main event. (B. James /S.
Gonzalez)
® Summary of Facilities Master Plan Study. (D. Wait)
Adjournment
As there was no further business, Mayor Carpenter adjourned the - meeting at 10:31 p.m.
David Scadiola,Mavor Pro-Tern
ATTEST:
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Rfencl'a Dennis—, City Secretary
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