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11-13-2018 MinutesMINUTES REGULAR MEETING November 13, 2018 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on November 13, 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 Bert Crawford Councilmember Kiser was absent. Staff Present: Executive Director Dudley Wait City Secretary Brenda Dennis Call to Order — City Council Regular Session Mayor Pro -Tem David Scagliola Councilmember Ralph Gutierrez Councilmember Cedric Edwards Acting City Manager Brian James City Attorney Adolfo Ruiz Mayor Carpenter called the regular meeting to order at 6:02 p.m. Opening Prayer and Pledges of Allegiance to the Flags of the United States and State of Texas. (Councilmember Larson) Councilmember Larson provided the opening prayer followed by the pledges of Allegiance to the Flags of the United States and State of Texas. Recognition and Presentations • Presentation regarding the SCUCISD Annual Essay and Art Contest winners. (B. Dennis /C. Allen/D. Weirtz) Mayor Carpenter recognized Mr. Dean Weirtz; Chair of the Schertz Historical Preservation Committee and SCUCISD Social Studies Coordinator Ms. Cassie Allen who presented the winners of the recent Essay and Art contest. 1st through 31d place winners from Kindergarten to 6d' grade were presented trophies and certificates of participation. • Introduction of the Student Mayors and Student Councilmembers for the Day. (Mayor Carpenter) - Student Mayors — Dobie Jr. High, 8d' Grade Bennett Daniel and Corbett Jr. High, 80' Grade Margaret Zentil - Student Councilmembers — Dobie Jr. High, 7h Grade Abigail Easton and Corbett Jr. High, 7th Grade Joaquin Garcia 11 -13 -2018 Minutes Page - 1 - Mayor Carpenter recognized City Secretary Brenda Dennis who provided information regarding the program and introducing the new Social Studies Coordinator Ms. Cassie Allen. Ms. Dennis thanked the following for their participation today:. Mayor Carpenter, Mayor Pro -Tern Scagliola, Councilmember Gutierrez, Acting City Manager Brian James, Executive Director Dudley Wait, EMS Director Jason Mabbitt, Special Projects Officer Helen Lafitte and Corporal A. J. Arriaga. Student Mayors and Student Councilmembers for the day introduced themselves and provided information on what they observed and learned today. Mayor Carpenter presented each student with a certificate of appreciation and plaque for their participation. Mayor Carpenter recessed the regular meeting for a five - minute break to allow the students to leave the Council Chambers. Mayor recessed the meeting at 6:21 p.m. Mayor Carpenter reconvened the meeting at 6:27 p.m. Employee Recognition • Animal Services: Ginger Dispain, Alysha Harvego, Animal Services Officer • Planning & Community Development: Armando Alcala, Building Inspector • Public Affairs: Public Affairs Events Attendant David Shurtleff • Police Department: Thomas Marquez, Police officer The various city department supervisors provided a brief bio on each of their new staff members and introduced them to Council. Mayor /Council welcomed all the new employees to the City of Schertz team. 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: Wednesday, November 14th - Texas Tri- County Chamber of Commerce's Elected Offieials Reception 6:00 pm Olympia Hills Event Center Thursday, November 15th Fire Station # 3 Ground Breaking 5:00 pm 11917 Lower Seguin Road You are invited to the Groundbreaking of the City of Schertz Fire. Station # 3 Friday, November 16th Senior Center Bingo Night 6:00 pm 608 Schertz Parkway 11 -13 -2018 Minutes Page - 2 - Tuesday, November 2011 Chamber Luncheon 11:30 am Civic Center Special Session City Council Meeting 6:00 pm Council Chambers Canvass of the November 6° 2018 General Election returns and swear in newly elected Officials Thursday and Friday, November 22nd and 23rd City Offices Closed in Observance of Thanksgiving Tuesday, November 271h Annual City of Schertz Holiday Tree Lighting 6:00 pm Hal Baldwin Complex — Front of City Hall City Council Meeting 6:00 pm Council Chambers Saturday, December 11t Holidazzle (Formerly known as Festival of Andes) 8:00 am - 8:00 pm Hal Baldwin Municipal Complex - Breakfast with Santa, Kris Kringle Market, Winter Activities, Live Entertainment, and Lighted Night Parade • Announcements and recognitions by the Acting City Manager (B. James) Mayor Carpenter recognized Acting City Manager Brian James who stated late yesterday, our fire department along with dozens of other fire departments across Texas were contacted by the Texas Division of Emergency Management (TDEM) regarding sending assistance to California. You may have seen over the weekend that California is once again being ravaged by large, very fast - moving fires in the LA area and further north. Sunday, our Fire Department is preparing to send 4 personnel (Lt. Mack Melancon; Lt. Tom Hollick; Lt. Carl Schultze; Firefighter Kevin Hoes) and the new Type III Brush Truck granted to our department by TDEM earlier this year. They will rally at Bass Pro Shops early tomorrow with other local agencies (San Antonio Fire, Bexar County ESD #8, District 7 Fire) and drive to Los Angeles. They are slated to be gone for up to two weeks. Chief Long will be providing frequent updates and you can monitor the Facebook page for the City and the Fire Department to see pictures and updates as things get reported back. Please keep everyone involved in your prayers • Announcements and recognitions by the Mayor. (M. Carpenter) No announcements were made. 11 -13 -2018 Minutes Page - 3 - Hearing of Residents ® No one signed up to speak. Mayor Carpenter indicated that there were guests in the audience this evening and he would be moving items on the agenda to accommodate those attendees. Mayor Carpenter also stated that staff has requested that agenda item 7 be removed from consent for discussion and separate action. Consent Agenda Items Mayor Carpenter read the following consent agenda items: 1. Minutes — Consideration and/or .action regarding the approval of the minutes of the regular meeting of October 23, 2018, the minutes of the special meeting of October 30; 2018 and the minutes of the special meeting of November 8, 2018. (B. Dennis) Approval of the minutes of the regular meeting of October 23, 2018, the minutes of the special meeting of October 30, 2018 and the minutes of the special meeting of November 8, 2018. 2. Ordinance No. 18 -S -35 - Consideration and/or action approving an Ordinance regarding a request for a rezone approximately 1.8 acres of land from Single - Family Residential/Agricultural District (R -A) and General Business District (GB) to Neighborhood Services (NS) located northwest of the intersection of FM 1518 and West of Schaefer Road. Final Reading (B. James/L. Wood/B. Cox) The following was read into record: ORDINANCE NO. 18 -S -35 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCIIERTZ, TEXAS AMENDING THE OFFICIAL ZONING MAP BY REZONING APPROXIMATELY 1.8 ACRES OF LAND FROM SINGLE - FAMILY RESIDENTIAL/ AGRICULTURAL, (R -A) AND GENERAL BUSINESS (GB) TO NEIGHBORHOOD SERVICES DISTRICT (NS). 3. Calling a Special Meeting November 20, 2018 — Consideration and/or action calling a special meeting 'on Tuesday, November 20, 2018 to canvass the results of the November 6, -2018 General Election. (B. James/B. Dennis) Item calling a special meeting on Tuesday, November 20, 2018. 11 -13 -2018 Minutes Page - 4 - 4. Resolution 18 -R -141 - Consideration and/or action authorizing the renewal of a Multi - year Software Maintenance Agreement with Environmental Systems Research Institute, Inc. for GIS mapping software. (B. James/M. Clauser) The following was read into record: RESOLUTION NO. 18 -R -141 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A RENEWAL OF A SOFTWARE MAINTENANCE - AGREEMENT WITH ENVIRONMENTAL SYSTEMS RESEARCH INSTITUTE, INC. FOR GIS SOFTWARE, AND OTHER MATTERS IN CONNECTION THEREWITH 5. Resolution No. 18 -R -142 — Consideration and /or action authorizing the Acting City Manager to enter into an agreement with Green Valley Special Utility District for the transfer of Certificate of Convenience and Necessity related to the development of the Parklands Subdivision. (D. Wait/J. Hooks) The following was read into record: RESOLUTION NO. 18 -R -142 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE ACTING CITY MANAGER TO ENTER INTO AN AGREEMENT WITH GREEN VALLEY SPECIAL UTILITY DISTRICT FOR THE TRANSFER OF CERTIFICATE OF CONVENIENCE AND NECESSITY RELATED TO THE DEVELOPMENT OF THE PARKLANDS SUBDIVISION 6. Resolution No. 18 -R -143 — Consideration and/or action approving a Resolution authorizing the Acting City Manager to reject all proposals received for Audio Visual upgrades for the Civic Center ( 418- PS- 32- T -02). (S. Gonzalez/L. Klepper/E. Matlock) The following was read into record: RESOLUTION NO. 18 -R -143 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE ACTING CITY MANAGER TO REJECT ALL PROPOSALS RECEIVED FOR AUDIO VISUAL UPGRADES FOR CIVIC CENTER ( #18- PA -32- T-02). 8. Appointments and Resignations to the various City Boards, Commissions and Committees — Consideration and/or action approving the appointment of Ms. Lauren Garrott as an Alternate Member to the Planning & Zoning Commission. (B. Dennis /Interview Committee /Council) 11 -13 -2018 Minutes Page = 5- Approve the appointment of Ms. Lauren Garrott as an Alternate Member to the Planning & Zoning Commission. Mayor Carpenter asked Council if there were any items on consent that they wished to remove for separate action. Mayor Carpenter recognized Mayor Pro -Tern Scagliola who asked if items 2 and 5 could be removed from consent. Mayor Carpenter stated that these items will be removed from consent and that the consent agenda now consists of items 1, 3 4, 6 and 8. Mayor Carpenter moved from the Chair seconded by Councilmember Davis to approve consent items 1, 3,4, 6 and 8. The vote was unanimous with Mayor Pro -Tem Scagliola, Councilmembers Davis, Gutierrez, Larson, Edwards, and Crawford voting for and no one voting no. Councilmember Kiser was absent. Motion Passed. Discussion and Action Items 2. Ordinance No. 18 -S -35 - Consideration and /or action approving an Ordinance regarding a request for a rezone approximately 1.8 acres of land from Single - Family Residential/Agricultural District (R -A) and General Business District (GB) to Neighborhood Services (NS) located northwest of the intersection of FM 1518 and West of Schaefer Road. Final Reading (B. James/L. Wood/B. Cox) The following was read into record: ORDINANCE NO. 18 -S -35 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE OFFICIAL ZONING MAP . BY REZONING APPROXIMATELY 1.8. ACRES OF LAND FROM SINGLE - FAMILY RESIDENTIAL/ AGRICULTURAL, (R -A) AND GENERAL BUSINESS (GB) TO NEIGHBORHOOD SERVICES DISTRICT (NS). Mayor Carpenter recognized Mayor Pro -Tem Scagliola who stated he didn't really have anything to bring forward other than to point out this item passed last time, but not unanimously, and we traditionally don't put it on consent unless it is a unanimous vote. Mayor Carpenter stated it is not really a recorded matter of our procedure nor is it in our rules; however, it has been tradition; that said, tradition is trumped by rules. Mayor Carpenter recognized Councilmember Larson who moved seconded by Councilmember Gutierrez to approve Ordinance No. 18 -S -35 on final reading. The vote was 5 -1 -0 with, Councilmembers Davis, Gutierrez, Larson, Edwards, and Crawford voting for and Mayor Pro -Tem Scagliola voting no. Councilmember Kiser was absent. Motion Passed. 11 -13 -2018 Minutes Page - 6 - 5. Resolution No. 18 -R -142 — Consideration and /or action authorizing the Acting City Manager to enter into an agreement with Green Valley Special Utility District for the transfer of Certificate of Convenience and necessity related to the development of the Parklands'Subdivision. (D. Wait/J. Hooks) The following was read into record: RESOLUTION NO. 18 -R -142 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE ACTING CITY MANAGER TO ENTER INTO AN AGREEMENT WITH GREEN VALLEY SPECIAL UTILITY DISTRICT FOR THE TRANSFER, OF CERTIFICATE OF CONVENIENCE AND NECESSITY RELATED TO THE DEVELOPMENT OF THE PARKLANDS SUBDIVISION Mayor Carpenter recognized Mayor Pro -Tern Scagliola who asked if there were any clawback agreements? Water/Wastewater Manager Jimmy Hoods said yes, this was a developer initiated request. Mayor Carpenter recognized Mayor Pro -Tem Scagliola who moved seconded by Councilmember Edwards to approve Resolution No. 18 -R -142. The vote was unanimous with Mayor Pro -Tem Scagliola, Councilmembers Davis, Gutierrez, Larson, Edwards, and Crawford voting for and no one voting no. Councilmember Kiser was absent. Motion Passed. 7. Resolution No. 18 -R -144 - Consideration and/or action approving a Resolution authorizing the Acting City Manager to enter into an agreement with Blue Cross Blue Shield of Texas For Medical Insurance and UNUM for Dental, Vision, and Long -term Disability. (D. Wait/J. Kurz/J. Gohlke) The following was read into record: RESOLUTION NO: 18 -R -144 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE ACTING CITY MANAGER TO ENTER INTO AN AGREEMENT WITH BLUE CROSS BLUE SHIELD TEXAS FOR MEDICAL INSURANCE AND UNUM FOR DENTAL, VISION, AND LONG -TERM DISABILITY AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized HR Manager Lindsey Cox who provided a power point presentation regarding the proposed change of Medical Insurance and UNUM insurance for dental, vision and long- term disability coverage for the City. Ms. Cox addressed questions and comments from Council. Mayor Carpenter moved from the Chair seconded by Councilmember Edwards to approve Resolution No. 18 -R -144. The vote was unanimous with Mayor Pro -Tem Scagliola, 11 -13 -2018 Minutes Page - 7 - Councilmembers Davis, Gutierrez, Larson, Edwards, and Crawford voting for and no one voting no. Councilmember Kiser was absent. Motion Passed. 9. Resolution No. 18 -R -145 — Consideration and/or action approving a Resolution authorizing the Acting City Manager to enter into an agreement with Babcock Road 165, Ltd. for reimbursement for a roadway extension to Ripps- Kreusler. (B. James/ B. Cox) The following was read into record: RESOLUTION NO. 18 -R -145 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN AGREEMENT WITH 'BABCOCK ROAD 165, LTD., TOTALING NO MORE THAN $395,867.00 FOR REIMBURSEMENT OF ROADWAY IMPROVEMENTS FOR THE EXTENSION OF RIPPS KREUSLER AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Acting City Manager Brian James who introduced this item addressing questions and concerns from Council. After much discussion Council had made a motion to approve but wanted to make sure that this agreement wasn't executed until the Cities of Schertz and Cibolo had reached an agreement about Weiderstein Road. Mayor Carpenter recognized Councilmember Edwards who moved seconded by Councilmember Davis to approve Resolution No. 18 -R -145 and to add "not to execute agreement until Schertz and Cibolo have reached an agreement about Weiderstein Road. The vote was unanimous with Mayor Pro -Tem Scagliola, Councilmembers Davis, Gutierrez, Larson, Edwards and Crawford voting for and no one voting no. Councilmember Kiser was absent. Motion Passed. 10. Ordinance No. 18 -S -36— Conduct a public hearing and consideration and/or action approving an Ordinance regarding ZC2018 -004, an amendment of Part III Schertz Code of PH Ordinances, Unified Development Code (UDC), to Article 8 Special Uses and General Regulations, Subsection 21.8.2 Accessory. Buildings, Uses and Structures. First Reading (B. James/L. Wood/E. Grobe/K. Long/T. Pinder) The following was read into record: ORDINANCE NO. 18-S-36 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING PART III, SCHERTZ CODE OF ORDINANCES, THE UNIFIED DEVELOPMENT CODE (UDC) ARTICLE 8 SPECIAL USES AND GENERAL REGULATIONS, SECTION 21.8.2. ACCESSORY BUILDINGS, USES AND STRUCTURES; REPEALING ALL ORDINANCES OR PARTS OF 11 -13 -2018 Minutes Page -8 - ORDINANCES IN CONFLICT WITH THIS ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE Mayor Carpenter recognized Fire Chief Kade Long and Assistant Fire Chief Kyle McAffee who provided updated information since the joint meeting with Planning and Zoning and Council and their recommendation for changing the ordinance. Mayor Carpenter opened the public hearing and recognized the following: ® Mr. Brent Bolter, 2633 Cover Brook Lane, who spoke about his concern regarding the firefighters needing to get where they need to if a fire broke out. It looks like this has been addressed by the professionals. ® Mr. Glen Outlaw, 3729 Forsyth Park, who stated it is just not a good idea to put a storage shed right next to your house. However, he thinks the city has come to a compromise adequate enough to protect the neighbors. As no one else spoke, Mayor Carpenter closed the public hearing. Chief Long, Assistant Chief McAffee, Planner I Emily Grobe, and Development Services Director Lesa Wood addressed questions /comments from Council. Mayor Carpenter recognized Councilmember Larson who moved seconded by Councihnember Edwards to approve Ordinance No. 18 -S -36 first reading. The vote 5 -1 -0 with Mayor Pro -Tem Scagliola, Councilmembers Davis, Gutierrez, Larson, and Edwards, voting for and Councilmember Crawford voting no. Councilmember Kiser was absent. Motion Passed. Roll Call Vote Confirmation City Secretary Brenda Dennis provided the Roll Call Vote Conf tmation for agenda. items 1 -10. Workshop • Briefing regarding the outdoor swimming pools. (B. James/L. Shrum) Mayor Carpenter recognized Director of Parks and Recreation Lauren Shrum who provided an update of the city swimming pools ( Pickrell Park, Wendy Swan) which included some ways of cutting costs, the pools size, capacity, and year built. She also presented some budget figures, operation dates and times, attendance, activities offered, revenues for the past several years, recent updates, imminent maintenance costs and possible changes. Ms. Shrum and Acting City Manager Brian James addressed comments and questions from Councilmembers. Councihnembers and staff discussed in length the Wendy Swan Pool facility, how we have that facility, for whom are we trying to serve, and that it is good to have this facility when Pickrell is.not available. Members of Council discussed having this 11 -13 -2018 Minutes Page - 9 - as one of our topics at one of our upcoming all -day work sessions and talk about the possibilities. Mr. James also stated that staff is working on getting some information out to our citizens that the Wendy Swan pool exists. Mr. James stated that we do need to have more discussions and continue to gather more data. Requests and Announcements • Announcements by the Acting City Manager. No announcements were provided. • Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. Mayor Carpenter recognized Mayor Pro -Tern Scagliola who requested an item be placed on the agenda to discuss the deposition of property in custody of the Historical Preservation Committee. He would like more information and possible options we could look -into. He also requested a closed session be placed on the agenda next week prior to the canvass to discuss the disposition of our City Manager search. Mayor Carpenter stated that he has already approved the format for the next agenda. • Announcements by Mayor and Councilmembers • 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 Pro -Tern Scagliola stated he attended a seminar last week in Round Rock and the Schertz Veterans Day Celebration. Councilmember Gutierrez stated he attended the Movies in the Park, Coffee with a Cop and the Schertz Veterans Day Celebration. Councihnember Edwards thanked the Police Department for checking on his property while he was away. Councilmember Crawford stated he also attended the Schertz Veterans Day Celebration. Mayor Carpenter stated the State Legislature has begun filing bills. He encouraged Council to begin reading some of them. One of them is a proposal for a constitutional amendment that would require the state to fund the public education, that is to say all of the ISD's in the state, at 50% of their M &O 11 -13 -2018 Minutes Page - 10 - cost. That would immediately have an effect on reducing property taxes for every property owner in the state that has to pay property taxes. This would have a profound effect on one of our biggest challenges. The second one is a proposal fora change to the state code that would limit the legislature's ability to enact legislation that would fit a definition of an unfunded mandate to cities, counties, and school. districts. Both of these have been proposed by multiple legislators and all Republicans in the state legislature. Start reading these and think about how to get involved in the process as we go through the legislative session. Many things happen during the legislative session that will either enable us to do the job we have been asked to do by our neighbors or restrict our ability to do our job as we have been asked to do by our neighbors. 11. Information available in City Council Packets - NO DISCUSSION TO OCCUR • Monthly update on large projects /CIP. (D. Wait/J. Harshman/T. Buckingham) • Revised 2018 Master Calendar. (S. Gonzalez) • Separation from Employment Policy update. (D. Wait/J. Kurz) Adiournment As there was no further business, Mayor Carpenter adjourned the mee,g at 8:36 p.m. R. Carpenter, Mayor ATT t Brenda ennis, City Secretary 11 -13 -2018 Minutes Page - 11 -