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12-4-2018 MinutesMINUTES REGULAR MEETING December 4, 2018 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on December 4, 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 Cedric Edwards Staff Present: Executive Director Dudley Wait City Secretary Brenda Dennis Councilineinhers Larson and Brown were absent. Call to Order — City Council Regular Session Mayor Pro -Tem David Scagliola Councilmember Ralph Gutierrez Councilmember Allison Heyward Acting City Manager Brian James City Attorney Charlie Zech Assistant to City Manager Sarah Gonzalez Mayor Carpenter called the regular meeting to order at 6:02 p.m. Openine Prayer and Pledges of AlleLyiance to the Flaas of the United States and State of Texas. (Mayor Pro -Tem Scagliola) Mayor Pro -Tem Scagliola provided the opening prayer followed by the Pledges of Allegiance to the Flags of the United States and State of Texas. New Employee Recognition Public Works - Water Serviceman I - Jose Martinez Water /Sewer Forman Jered Moheit provided a brief bio on their new employee and Mayor and Council welcomed him on board. City Events and Announcements Announcements of upcoming City Events (B. James/D. Wait/S. Gonzalez) Mayor Carpenter recognized Assistant to the City Manager Sarah Gonzalez who provided the following announcements: Wednesday, December 51 Ribbon CuttinL, — Schertz Family Dental 4:00 pm 2184 FM 3009 12 -04 -2018 Minutes Page - 1 - Saturday, December 811 Schertz EMS ► ■ & First Aid i c Schertz EMS will be conducting a public CPR/AED and First Aid class on Saturday, December 8. CPR/AED will run from 9:00 AM —12:00 PM and the First Aid course will run- from 1:00 PM — 4:00 PM. Both courses will be located in the EMS training room and will certify the students for two years. A card will be provided at the end of the course. The cost is $30 for one course or $50 for two courses. For more information and to reserve a spot, contact Schertz EMS at (210) 619 -1400 ® Saturday, December 8th Movie in the Park Featuring Santa Buddies -The Legend of Santa Paws 4:00 pm — 8:00 pm Schertz Dog Park — 940 Community Circle Drive We welcome you and your pets to get a picture with Santa. Bring your blankets and lawn chairs. ® Tuesday, December 11th City Council Meeting 6:00 pm Council Chambers ® Wednesday, December 12th Blood Drive 8:00 am - noon Parking lot of Community Center ® Announcements and recognitions by the Acting City Manager (B. James) Mr. James stated that the Federal Government and the State of Texas offices are closing tomorrow as a day of mourning in respect for former U.S. President George H.W. Bush. We along with most of the cities in the area will not close as we have residents who are expecting services from the City - the need to pay water bills, have inspections, etc. We felt this unanticipated closure would cause too great of a disruption on our citizens. ® Announcements and recognitions by the Mayor. (M. Carpenter) Mayor Carpenter stated we will hear from others later on, but he wanted to say that the Holidazzel event that was put on Saturday went off very well; he complimented all those involved in its planning. Everyone he spoke with had positive things to say. Hearing of Residents ® Mr. Glen Outlaw, 3729 Forsyth Park, who provided information on contacting the City regarding information on the location of the Dog Park. He complimented and relayed good 12 -04 -2018 Minutes Page - 2 comments to 311 staff member Sherry Davis who answered his question; he thanked the city for having this service to the citizens. ® Mrs. Maggie Titterington, The Chamber President, who provided the following information on upcoming events: Wednesday, December 5b, 4 :00 p.m., Ribbon Cutting for Schertz Family Dental —2184 FM 3009. Friday, December 7t', new restaurant opening called Kindling Texas Kitchen in Cibolo, at 3:45 p.m., Ribbon Cutting, 4:00 p.m. they will be serving samples of really unique Texas cuisine. Friday, December 14'', Allure Integrated Pet Specialists, formerly called Westridge Pet Hospital will be hosting a ground- breaking ceremony at 9:00 a.m., location is 1113 5 North to Schwab Road — 22525 IH 35 Frontage Road, turn around and stay on the access road before Baker Corp — in lot north of Baker Corp. Consent Agenda Items Mayor Carpenter read the following consent agenda items: L Minutes — Consideration and/or action regarding the approval of the minutes of the regular meeting of November 27, 2018. (B. Dennis) The following was read into record: Approval of the minutes of the regular meeting of November 27, 2018. 2. Resignations to the various City Boards, Commissions and Committees — Consideration and/or action approving the resignation of Tim Brown from the Capital Improvements Advisory Committee. (B. Dennis /Council) The following was read into record: Approval of the resignation of Mr. Tim Brown from the Capital Improvements Advisory Committee. 3. Ordinance No. 18 -T -38 — Consideration and/or action approving an Ordinance by the City Council of the City of Schertz Texas authorizing an adjustment to the Fiscal Year 2018- 2019 Budget, repealing all ordinances or parts of ordinances in conflict with this ordinance; and providing an effective date. Final reading (B. James /J. Walters) The following was read into record: 12 -04 -2018 Minutes Page - 3 - AN ORDINANCE BY THE .! OF E CITY OF SCHERTZ, AUTHORIZING TEXAS 1 1 O TEE FISCAL YEAR 2018-2019 BUDGET, ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THIS !.1 AND PROVIDING 1. 4. Ordinance No. 18 -S -37 — Consideration and/or action approving an Ordinance on a request to rezone approximately 17 acres of land from General Business District (GB) and Manufacturing Light District (M -1) to Planned Development District (PDD), located at 18658 I -35N, Schertz, Guadalupe County, Texas. Final Reading (B. James/L. Wood/N. Koplyay) The following was read into record: AN ORDINANCE 1 1 ! OF 1 OF '1 TEXAS AMENDING THE OFFICIAL ZONING MAP BY REZONING APPROXIMATELY 17 ACRES OF LAND FROM GENERAL BUSINESS 1 (G B-1) AND MANUFACTURING LIGHT 1 TO PLANNED DEVELOPMENT DISTRICT (PDD). Mayor Carpenter recognized Councilmember Davis who moved to approve consent agenda items 1 through 4. Mayor Carpenter recognized Councilmember Edwards who requested that agenda item 6 be added to the consent items. Mayor Carpenter stated that he has a motion on the floor from Councilmember Davis to approve the items on consent, so he is going leave that motion there; he has a second motion that is followed from Councilmember Edwards asking that item six (6) be moved to consent and asked if there was a second to that motion and recognized Mayor Pro -Tern Scagliola; Mayor called for a vote. The vote was unanimous with Mayor Pro -Tem Scagliola, Councilmembers Davis, Gutierrez, Edwards, and Heyward voting for and no one voting no. Councilmembers Larson and Brown were absent. Motion Passed. Mayor Carpenter stated that item six (6) is now considered on consent. 6. Ordinance No. 18 -M -41 — Consideration and/or action approving an Ordinance amending the City of Schertz Code of Ordinances and certain other ordinances by amending and establishing fees for certain licenses, permits and other services provided by the City of Schertz. First Reading (B. James /J. Walters) The following was read into record: 12 -04 -2018 Minutes . Page-4- AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, AMENDING TH1 '' /1 ORDINANCES AND CERTAIN OTHER ORDINANCES 1 1 AND ESTABLISHING O. CERTAIN LICENSES, PERMITS, 1 OTHER PROVIDED BY THE CITY T SCHERTZ Mayor Carpenter asked Councilmember Davis if he would amend his motion to be inclusive of item number six (6), seconded by Councilmember Gutierrez to approve consent items 1 through 4 and item 6. The vote was unanimous with Mayor Pro -Tem Scagliola, Councilmembers Davis, Gutierrez, Edwards, and Heyward voting for and no one voting no. Council embers Larson and Brown were absent. Motion Passed. Discussion and Action Items 5. Resolution No. 18 -R -149 — Consideration and/or action approving a Resolution terminating the Development Agreement and associated Amendments with GE Oil & Gas LLC. and other matters connected therewith. (B. James/K. Kinateder) The following was read into record: RESOLUTION NO. 18 -R -149 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS TERMINATING THE DEVELOPMENT AGREEMENT AMONG THE CITY OF SCHERTZ, TEXAS, THE CITY OF SCHERTZ ECONOMIC DEVELOPMENT CORPORATION, AND GE OIL AND GAS, LLC.; AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized EDC Executive Director Kyle Kinateder who stated that information was provided in the packet. He stated that as many of you are aware GE Oil and Gas has announced that they will be closing their facility officially by the end of this month. The City of Schertz and the City of Schertz Economic Development Corporation had an agreement with them. Throughout the term of the agreement they were compliant with their agreement. They requested in October that their agreement . be voluntarily terminated. They repaid the amount of the incentive which was outlined as the default amount; however, the agreement does not call for a voluntary termination and we ran this item through the EDC Board last Thursday to accept a resolution officially terminating the agreement and associated amendments. You have before you a City resolution to terminate the City's portion of the agreement. 12 -04 -2018 Minutes Page - 5 - Staff recommends voluntarily terminating the Development Agreement and associated amendments through the approval of an SEDC resolution and further recommends the City Council for the City of Schertz consider taking the same action. Mayor Carpenter recognized Mayor Pro -Tem Scagliola who moved seconded by Councilmember Edwards to approve Resolution No. 18 -R -149. The vote was unanimous with Mayor Pro -'Teen Scagliola, Councilmembers Davis, Gutierrez, Edwards, and Heyward voting for and no one voting no. Councilmembers Larson and Brown were absent. Motion Passed. Roll Call Vote Confirmation City Secretary Brenda Dennis provided the Roll Call Vote Confirmation for agenda items 1 -6. Closed Session Mayor Carpenter recessed into closed session at 6>20 p.HL in reverse order and read the following. 9. City Council will meet in closed session under section 551.071 of the Texas Government Consultation with the City Attorney regarding pending or contemplated litigation: ® GVSUD vs. City of Schertz 8. 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 -048 Reconvene into Regular Session Mayor Carpenter reconvened into regular session at 7:18 p.m. 8a. Take any action based on discussions held in closed session under Agenda Item 8. No action taken. 9a. Take any action based on discussions held in closed session under Agenda Item 9. No action.taken. 12 -04 -2018 Minutes Page - 6 - MW MR311 • Announcements by the Acting City Manager. No further announcements were provided. • 'Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. No requests were made. • 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 Carpenter recognized Mayor Pro -Tem Scagliola who stated he attended the following event: • Saturday, Holidazzel event and parade. — He thanked staff. Mayor Carpenter recognized Councilmember Gutierrez who stated he attended the following events: • Saturday, Holidazzel event. — He thanked Parks and Recreation staffers saying he received great comments regarding the event. • Sunday, Rock and Roll Marathon, he had an opportunity to run and meet some of our residents who also attended the event. - • Monday, December 3, Cibolo Tree Lighting Ceremony Mayor Carpenter recognized Councilmember Edwards who stated he attended the following events: • Saturday, Holidazzel event. — Great Job by staff and a great turn out. • 1 Monday, Cibolo Tree Lighting Ceremony; the Cibolo Ballet did a really great job. Mayor Carpenter recognized Councilmember Heyward who stated she attended the following events: • Friday, November 30, Central Texas and Allergy & Asthma ribbon cutting. 12 -04 -2018 Minutes Page - 7 - • Saturday, Holidazzel event. — Great turn out. • Monday, December 3, 2018, Cibolo Tree Lighting Ceremony. 7. Information available in City Council Packets - NO DISCUSSION TO OCCUR • Parks Project Updates (B. James/L. Shrum) • Monthly update on large projects /CIP. (D. Wait/J. Harshman/T. Buckingham) As there was no further business, Mayor Carpenter adjourned the meeting ,4t,)7:21 p.m. R. Carpenter, Mayor 7 A renda Dennis, ity Secretary 12 -04 -2018 Minutes Page - 8 -