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03-12-2019 MinutesMINUTES REGULAR MEETING March 12, 2019 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on March 12, 2019, at 6:00 p.m. in the Hal Baldwin Municipal Complex Council Chambers, 1400 Schertz Parkway, Building 94, Schertz, Texas. The following members present to -wit: Mayor Michael Carpenter Councilmember Mark Davis Councilmember Scott Larson Councilmember David Scagliola Mayor Pro -Tem Allison Heyward Councilmember Ralph Gutierrez Councilmember Cedric Edwards Councilmember Tim Brown Staff Present: City Manager Dr. Mark Browne Assistant to the City Manager Sarah Gonzalez Assistant City Manager Brian James City Attorney Daniel Santee City Secretary Brenda Dennis Deputy City Secretary Gayle Wilkinson Call to Order — City Council Regular Session Mayor Carpenter called the regular meeting to order at 6:01 p.m. Opening Prayer and Pledges of Allegiance to the Flays of the United States and State of Texas. (Councilmember Brown) Councilmember Brown provided the opening prayer followed by the Pledges of Allegiance to the Flags of the United States and State of Texas. Mayor Carpenter announced that if there are high school students in the audience this evening Participating in the Hal Baldwin Scholarship program to please sign the sheet that is in the foyer. Mayor Carpenter recognized Tyler Peake from Boy Scout Troop 51 who was in the audience this evening stating that he was here working on his Communications merit badge. Mayor /Council welcomed him. City Events and Announcements • Announcements of upcoming City Events (B. James /S. Gonzalez) The following announcement were provided: Saturday March 2 - 17 Annual Spring Cleanup Continues 8:00 am — 5:00 pm, free service to Schertz Residents Temporary drop -off site -125 Pecan Drive. 03 -12 -2019 Minutes Page - 1 - For detailed information, call Republic Services at 210- 304 -2787 or Schertz Public Works at 210 - 619 -1800. Wednesday, March 13 Blood Drive 8:00 am -noon in the Community Center parking lot. The South Texas Blood & Tissue Center will be on site outside the Community Center for blood donations from 8:00 am — noon. Schedule your appointments online or contact Tyler Bowker at X 1400 for more information. Thursday, March 14 Northeast Partnership Meeting 11:30 am Olympia Hills Golf Course and Conference Center Friday. March 15 Express Chiropractic & Wellness Ribbon Cutting 1:30 -2:30 pm 6000 FM 3009, Schertz Tuesday, March 19 - Chamber Luncheon 11:30 Civic Center -City Council and Schertz HOA Meeting 6:30 pm Civic Center Wednesday, March 20 23rd Annual Employee Remembrance Day 12:00 pm Public Works Complex located at 10 Commercial Place This service is held to remember those employees who had ten or more years of service with the city that have passed away. Thursday, March 21 The Chamber's l Oh Annual Taste at Retama 5:00 -8:00 pm The Taste features food sampling from over 30 area eateries. Tickets can be purchased at The Chamber office. Saturday, March 23 - BVYA's Opening Day Ceremony Schertz Ballpark/Johnnie McDow Sports Complex 955 Community Circle Parade of Teams starting at 9:00 am / First Pitch and other ceremonies starting at 10:00 am - A full main lane closure of 11135 at FM 1103 will begin at 9 pm Saturday night, March 23rd and continue thru Sunday 12 noon, March 24th. Please be aware of traffic in this area. Tuesday, March 26 City Council Meeting 6:00 pm, Council Chambers. 03 -12 -2019 Minutes Page -2 - • Announcements and recognitions by the City Manager (M. Browne) City Manager Dr. Browne recognized: Sergeant Trevino, Corporal Aleman, and Officer Schmidt for their excellent job researching, preparing and presenting the community presentation on Vaping at Samuel Clemens High School. Jennifer Callicoat with Dispatch for her professionalism, her attire, and personable demeanor during the Texas San Antonio Law Enforcement Hiring Expo. Officer Michael Rapier for his excellent initiative and dedication in his job performance. Officer Colton Armstrong for his courteous, professional and helpful demeanor to thwart a potential life- threatening circumstance. Corporal Shawn Ceeko for successfully lifting a palm print in reference to The Lock Away Storage burglaries that provided helpful information in identifying a suspect. • Announcements and recognitions by the Mayor (M. Carpenter) No announcements. Hearing of Residents Mayor Carpenter gave an opportunity for residents to be heard: • Mr. Richard Dziewit, 2550 Chasefield, participated in the Evening of Heritage & History event held at the Library on Wednesday. He thanked the City and requested that this information be placed on the City's website as well as put out on a DVD to share with the middle and high schools. • Ms. Carole Lovelady, Ms. Alexia Bufford, Ms. Sharon Mercer, and Ms. Jasmeen Said with The Chamber Leadership Core group came forward to be recognized and briefly spoke on their Core Class. 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 March 5, 2019. (B. Dennis /G. Wilkinson) The following was read into record: 03 -12 -2019 Minutes Page - 3 - Approval of the minutes of the regular meeting of March 5, 2019. 2. Ordinance No. 19 -T -09 — Consideration and/or action approving an Ordinance of the City Council of City of Schertz Texas authorizing an adjustment to the Fiscal Year 2018 -19 Budget, repealing all Ordinances or parts of Ordinances in conflict with this Ordinance; and providing an effective date. Final Reading (B. James /J. Walters/M. Clauser) The following was read into record: ORDINANCE NO. 19 -T -09 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN ADJUSTMENT TO THE FISCAL YEAR 2018 -19 BUDGET, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE 3. Resolution No. 19 -R -29 — Consideration and/or action approving a Resolution adopting the Guadalupe County Election System and Software; Express Vote Universal Voting System for Early Voting in person, Early Voting by Mail, Election Day Voting and Provisional Ballots in all future elections held in Guadalupe County. (B. Dennis /L. Hayes) The following was read into record: RESOLUTION NO. 19 -R -29 A RESOLUTION BY THE CITY COUNCIL OF SCHERTZ ADOPTING THE GUADALUPE COUNTY ELECTION SYSTEM AND SOFTWARE; EXPRESS VOTE UNIVERSAL VOTING SYSTEM FOR EARLY VOTING IN PERSON, EARLY VOTING BY MAIL, ELECTION DAY VOTING AND PROVISIONAL BALLOTS IN ALL FUTURE ELECTIONS HELD IN GUADALUPE COUNTY, AND OTHER MATTERS IN CONNECTION THEREWITH 4. Resolution No. 19 -R -20 - Consideration and /or action approving a Resolution authorizing the City Manager to enter into a contract with Datavox for the replacement of the phone system including handsets and training. (B. James/M. Clauser) The following was read into record: RESOLUTION NO. 19 -R -20 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH DATAVOX FOR THE REPLACEMENT OF THE PHONE SYSTEM INCLUDING HANDSETS AND TRAINING, AND OTHER MATTERS IN CONNECTION THEREWITH 03 -12 -2019 Minutes Page - 4 - Mayor Pro -Tern Carpenter recognized Councilmember Davis who moved seconded by Councilmember Edwards to approve the consent agenda items 1 through 4. The vote was unanimous with Mayor Pro -Tem Heyward, Councilmembers Davis, Gutierrez, Larson, Edwards, Scagliola and Brown voting yes and no one voting no. Motion Passed Discussion and Action Items 5. Ordinance No. 19 -S -10 — Conduct a public hearing and consideration and /or action approving an Ordinance on a request to rezone approximately 2.5 acres of land from Pre - Development District (PRE) and General Business District (GB) to General Business District (GB), located at 6485 I14-35, City of Schertz, Comal County, Texas. First Reading (B. James/L. Wood/N. Koplyay) The following was read into record: ORDINANCE NO. 19 -S -10 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE OFFICIAL ZONING MAP BY REZONING APPROXIMATELY 2.5 ACRES OF LAND FROM GENERAL BUSINESS DISTRICT (GB) AND PRE - DEVELOPMENT DISTRICT (PRE) TO GENERAL BUSINESS DISTRICT (GB), LOCATED AT 6486 I11-35, CITY OF SCHERTZ, COMAL COUNTY, TEXAS. Mayor Carpenter recognized Nick Koplyay Planner 1 who introduced this item. Mayor Carpenter opened the public hearing and as no one spoke; closed the public hearing for Council comments. No comments from Council Mayor Carpenter recognized Councilmember Edwards who moved seconded by Councilmember Gutierrez to approve Ordinance No. 19 -S -10 first reading. The vote was unanimous with Mayor Pro -Tem Heyward, Councilmembers Davis, Gutierrez, Larson, Edwards, Scagliola and Brown voting yes and no one voting no. Motion Passed 6. Ordinance No. 19 -S -11 — Conduct a public hearing and consideration and/or action approving an Ordinance on a request for a Specific Use Permit to allow an Automobile Repair, Major land use on approximately 2.5 acres of land, located at 6485 I11-35, City of Schertz, Comal County, Texas. First Reading (B. James/L. Wood/N. Koplyay) The following was read into record: 03 -12 -2019 Minutes page - 5 ORDINANCE NO. 19 -S -11 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS TO APPROVE A SPECIFIC USE PERMIT TO ALLOW FOR OPERATION OF AN AUTOMOTIVE REPAIR, MAJOR LAND USE AT 6485 I11-35, CITY OF SCHERTZ, COMAL COUNTY, TEXAS. Mayor Carpenter recognized Nick Koplyay Planner 1 who introduced this item. Mayor Carpenter opened the public hearing and as no one spoke; closed the public hearing for Council comments. Staff addressed questions from Council. Mayor Carpenter moved from the Chair seconded by Councilmember Edwards to approve Ordinance No. 19 -S -10 first reading. The vote was unanimous with Mayor Pro -Tem Heyward, Councilmembers Davis, Gutierrez, Larson, Edwards, Scagliola and Brown voting yes and no one voting no. Motion Passed 7. Resolution No. 19 -R -30 — Consideration and /or action approving a Resolution supporting Senate Bill 2 (SB2) and House Bill 2 (HB2), companion bills of the 86th Texas Legislature relating to ad valorem taxation. (Item requested by Councilmember Larson) The following was read into record: RESOLUTION NO. 19 -R -30 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS SUPPORTING SENATE BILL 2 (SB2) AND HOUSE BILL 2 (11132), COMPANION BILLS OF THE 86TH TEXAS LEGISLATURE RELATING TO AD VALOREM TAXATION AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Councilmember Scott Larson who had requested this item be placed on the agenda. Councilmember Larson provided his thoughts as to why the Council should pass this resolution. Mayor Carpenter and Councilmembers Heyward, Gutierrez, Davis, Edwards, Scagliola and Brown their concerns why this resolution should not be passed. Mayor Carpenter recognized Councilmember Scagliola who moved seconded by Councilmember Edwards to deny Resolution No. 19 -R -30. The vote was 6 -0 -1 Mayor Pro -Tem Heyward, Councilmembers Davis, Gutierrez, Edwards, Scagliola and Brown voting yes and Councilmember Larson no one voting no. Motion Passed Roll Call Vote Confirmation 03 -12 -2019 Minutes Page - 6 - Mayor Carpenter recognized Deputy City Secretary Gayle Wilkinson who provided the roll call votes for items 1 -7. Closed Session Mayor Carpenter convened into closed session at 7.23 p.m. City Council will meet in closed session under Section 551.071 of the Texas Government Code, for consultation with the City Attorney, to receive legal advice regarding a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code, to include the following matters: a. Annexation b. Texas Open Meetings Act 9. 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 -051 Reconvene into Regular Session Mayor Carpenter reconvened into regular session at 8:28 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. Requests and Announcements • Announcements by the City Manager. No further announcements. 03 -12 -2019 Minutes Page - 7 - Requests by Pro -Tem Mayor and Councilmembers that items be placed on a future City Council agenda. No items requested. • 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 Heyward announced she attended the following events: • Monday, March 11th — Ribbon Cutting ASP - America's Swimming Pool Compan • Wednesday March 6th VIP EVO event and Thursday March 7th EVO Ribbon cutting and Grand opening Councilmember Davis announced he attended and will be the following events: • Wednesday March 6th VIP EVO event and Thursday March 7th EVO Ribbon cutting and Grand opening • Spring Cleanup event Councilmember Gutierrez announced he attended and will be the following events: • Wednesday March 6th "Evening of Heritage & History Schertz Now and Then • Wednesday March 6th VIP EVO event and Thursday March 7th EVO Ribbon cutting and Grand opening • Spring Cleanup event Councilmember Edwards announced he attended the following: • Wednesday March 6th VIP EVO event and Thursday March 7th EVO Ribbon cutting and Grand opening He wanted to give a big shout out and thank you to Roland Hinojosa with CPS Energy for working overtime to get the electricity on for the EVO event. He also stated that back on the 23rd of January he had received an email form a citizen regarding illegal dumping on Green Valley in the greenbelt — the citizen sent a letter of appreciation and thanks to Police Chief Michael Hansen, Assist Police Chief Mark Bane, Assistant City Manager Brian James, Lieutenant Steve Pulaski, Corporal Ernest Spradling and Environmental Officer Thomas Brooks for taking care of this issue. Councilmember Scagliola announced he attended and will be the following events: • Monday, March 11 "' — Ribbon Cutting ASP - America's Swimming Pool Company 03 -12 -2019 Minutes Page - 8 - Wednesday March 6th VIP EVO event and Thursday March 7th EVO Ribbon cutting and Grand opening Councilmember Brown announced he attended the following: • Wednesday March 6th "Evening of Heritage & History Schertz Now and Then. He also agreed the video needs to be available to the public. • Wednesday March 6th VIP EVO event and Thursday March 7th EVO Ribbon cutting and Grand opening Mayor stated he attended the following events: • Wednesday March 6th "Evening of Heritage & History Schertz Now and Then • Wednesday March 6th VIP EVO event and Thursday March 7th EVO Ribbon cutting and Grand opening 10. Information available in City Council Packets - NO DISCUSSION TO OCCUR • City of Schertz Economic Development Corporation 2018 Tax Year reimbursement per the Development Agreement with Capital Group Companies, Inc. 2018 Tax Year reimbursement per the Development Agreement with Caterpillar, Inc. Schertz 312 LLC Economic Development Performance Agreement Amendment No. 1. Adiournment As there was no further business, Mayor Michael Carpenter adjourned g at 8:33 p.m. Ma arpenter ATTEST: Gayle Tlkinson, Deputy City Secretary 03 -12 -2019 Minutes Page - 9 -