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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. 05 -01 -2018 Minutes Page - 1 - 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: 05 -01 -2018 Minutes Page - 2 - ® 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 05 -01 -2018 Minutes Page - 3 - 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 05 -01 -2018 Minutes Page - 4 - 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 05 -01 -2018 Minutes Page - 5 - 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. 05 -01 -2018 Minutes Page - 6 - 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. 05 -01 -2018 Minutes Page - 7 - 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) 05 -01 -2018 Minutes Page - 8 - 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 05 -01 -2018 Minutes Page - 9 - 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. 05 -01 -2018 Minutes Page - 10 - 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: 05 -01 -2018 Minutes Page - 11 - Rfencl'a Dennis—, City Secretary 05-01-2018 Minutes Page -12 -