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04-23-2019 MinutesMINUTES REGULAR MEETING April 23, 2019 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on April 23, 2019, 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 David Scagliola Staff Present: Assistant City Manager Brian James City Secretary Brenda Dennis Call to Order — City Council Regular Session Mayor Pro -Tem Allison Heyward Councilmember Ralph Gutierrez Councilmember Cedric Edwards Councilmember Tim Brown City Manager Dr. Mark Browne City Attorney Daniel Santee Deputy City Secretary Gayle Wilkinson Mayor Carpenter called the regular meeting to order at 6:01 p.m. Opening Prayer and Pledges of Allegiance to the Flags of the United States and State of Texas. (Mayor Carpenter) Mayor Carpenter provided the opening prayer followed by the Pledges of Allegiance to the Flags of the United States and State of Texas. Presentation • Schertz Sweetheart Court Fiesta 2019 Medal Presentation. (B. James /L. Shrum/M. Spence) Events Manager Mary Spence introduced the 2018 -19 Sweetheart Ambassador Court to the City Council. Miss Schertz: Halle Klinge, Miss Jubilee: Brigid Krbec, Miss Friendly City: Megan Morales, and Miss Sunshine: Olivia Coats. Miss Schertz Halle Klinge spoke about their activities throughout the year representing the City of Schertz as their Ambassadors, she also thanked everyone for the outstanding experience of serving a Miss Schertz. Members of the Sweetheart Court provided this years Fiesta Medal to the City Council, staff and audience that was in attendance. Miss Schertz invited everyone out to the Parade and if they could not come, they could view it on KSAT.com. • Presentation regarding the launch of the Library's new website. (B. James /M. Uhlhorn) Library Director Melissa Uhlhorn introduced Virtual Services Librarian Natalie Shults who introduced the City Council, Staff and Audience to the new City of Schertz Library page launch. With enthusiasm Natalie went over the website features and benefits that the citizens will be able to see and use with ease. City Events and Announcements • Announcements of upcoming City Events (B. James /S. Gonzalez) Assistant City Manager Brian James provided the following announcements: Thursday, May 2 Sweetheart Coronation 5:30 pm Schertz Civic Center Friday Mav 3 Date Night / Music in the Park 7:00 pm — 10:00 pm Live from Pickrell Park featuring Austin Forrest, blues, soul, and rock 19" Annual Schertz - Cibolo Lions Club Casino NiLIit 7:00 pm —11:00 pm Schertz Civic Center POC: Darlene Evans 210 - 710 -6558 or Banner Huggins 210 - 843 -5477 Tuesday. Mav 7 City Council Meeting 6:00 pm Council Chambers • Announcements and recognitions by the City Manager (M. Browne) Dr. Browne introduced Mr. Charles Kelm and his family who were in the audience this evening. Dr. Browne announced that Mr. Kelm has been hired as the Assistant City Manager who will be over the Public Safety Departments, Public Works, Human Resources and Facility Service & Fleet and will start on May 13tH Dr. Browne reminded everyone of Mrs. Linda Babineau's memorial service this Sunday, April 28th, 3pm at Porter Loring North (1604 & Gold Canyon). A reception after the memorial at the Fairfield Inn & Suites (Bluebonnet Meeting Rm) located at 5008 Corridor Loop Rd., Schertz, Tx. (located behind the Bill Millers at IH -35 & 3009). Dr. Browne recognize members of the Public Works Department Street Supervisor Robert Martinez who alerted the Police Department regarding a suspicious person that was near Commercial Place committing a burglary. Police Department members Officers Helen Lafitte, Marty Trevino, Roxanne Cardona and Amanda Catoe were able to respond and arrested the suspect and was also able to recover the stolen property. Dr. Browne remarked on their great teamwork. Announcements and recognitions by the Mayor Carpenter (M. Carpenter) Mayor Carpenter wanted to point out while he is driving on various roads in Schertz, he sees many citizens who are walking or running who stop to pick up trash they see along the way and other good deeds. This is a true reflection of an engaged community and he wanted to recognize and thank them. He hopes they will watch the video and realize how thankful he is for them. Hearin-, of Residents The following spoke: Mr. Mark Roberts, 4300 Spanish Oak, provided photos of recent planning approved projects, the Anchor Bar and Oaks Building which he found to be the best - looking retail space in the City. He was wondering if those would conform to the UDC, what was the thinking behind it. Discussed the fact it's not going to be an easy thing to fix, but gave kudos to Nick and Bryce with the Planning and Community Development Department for going over the things that are expected of his new building, it is clear how the code is written and now that his architect and builders understand it he believes things will progress. • Mrs. Maggie Titterington, The Chamber President, 1730 Schertz Parkway who thanked everyone that participated in the April luncheon. There were 24 area non - profits represented at the luncheon. Next luncheon is May 21' and TxDOT Johnathan Bean "Keeping people moving in a fast - growing Region" update. Friday, April 26h 7:30 a.m. — Coffee with the Chamber hosted by New Haven Assisted Living. Mrs. Titterington also mentioned that we will reveal the "friendly competition of most Fiesta Medals received" between Maggie Tittering the President of The Chamber and Brenda Dennis the Schertz City Secretary. Mrs. Titterington also mentioned one of the Hal Baldwin Scholarship participants who was in the audience, Miss Yasmeen Said and spoke of her involvement with her and her participation in the DECCA program and the many areas that she has volunteered and that she would be a great candidate to receive the scholarship. Mayor Carpenter moved to the consent items section of the agenda. Consent Agenda Items Mayor Carpenter read the following consent agenda items but pulled agenda #5 off consent as it was posted for a public hearing. 4. Minutes — Consideration and /or action regarding the approval of the minutes of the regular meeting of April 5, 2019, April 9, 2019 and Special Town Hall meeting of April 16, 2019. (B. Dennis /G. Wilkinson) The following was read into record: Approval of the minutes of the regular meeting of April 5, 2019, April 9, 2019 and Special Town Hall meeting of April 16, 2019. 6. Resolution No. 19 -R -51— A Resolution by the City Council of the City of Schertz, Texas approving and authorizing a Water and Wastewater line Easement Agreement across Private Property from ERH -NNN -3 LLC a Delaware limited liability company and other matters in connection therewith. (B. James /J. Hooks) The following was read into record: RESOLUTION NO. 19 -R -51 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS APPROVING AND AUTHORIZING WATER AND WASTEWATER LINE EASEMENT AGREEMENTS ACROSS PRIVATE PROPERTY FROM ERH -NNN- 3 LLC, A DELAWARE LIMITED LIABILITY COMPANY AND OTHER MATTERS IN CONNECTION THEREWITH 7. Resolution No. 19 -R -54 — A Resolution by the City Council of the City of Schertz, Texas, authorizing the Acting City Manager to enter into an Agreement with Lockwood, Andrews, and Newnam, Inc., for Professional Engineering related services for Water and Wastewater Master Plan and Capital Improvement Plan updates and Impact Fee Study update. (B. James /K. Woodlee) The following was read into record RESOLUTION NO. 19 -R -54 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH LOCKWOOD, ANDREWS, AND NEWNAM, INC., FOR PROFESSIONALENGINEERING RELATED SERVICES FOR WATER AND WASTEWATER MASTER PLAN AND CAPITAL IMPROVEMENT PLAN UPDATES AND IMPACT FEE STUDY UPDATE 8. Resolution No. 19 -R -55 — Consideration and/or action approving a Resolution authorizing the revival and amendment of an Interlocal Agreement with Bexar County for Cooperative Purchasing Services, and other matters in connection therewith. (B. James /J. Gohlke) The following was read into record RESOLUTION NO. 19 -R -55 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE REVIVAL AND AMENDMENT OF AN INTERLOCAL AGREEMENT WITH BEXAR COUNTY FOR COOPERATIVE PURCHASING SERVICES, AND OTHER MATTERS IN CONNECTION THEREWITH 9. Resolution No. 19 -R -50 — Consideration and/or action approving a Resolution authorizing an Application for a 100% matching grant for a playground structure through the TRAPS — Gametime Statewide Funding Initiative, and other matters in connection therewith. (B. James /L. Shrum) RESOLUTION NO. 19 -R -50 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN APPLICATION FOR A 100% MATCHING GRANT FOR A PLAYGROUND STRUCTURE THROUGH THE TRAPS — GAMETIME STATEWIDE FUNDING INITIATIVE, AND OTHER MATTERS INCONNECTION THEREWITH Mayor Carpenter recognized Councilmember Larson who requested agenda item #9 be removed for separate action. Mayor Carpenter recognized Councilmember Edwards who moved seconded by Councilmember Gutierrez to approve the consent agenda items 4, 6, 7 and 8. 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. Mayor Carpenter moved to the Closed Section of the agenda. Closed Session Mayor Carpenter recessed into closed session at 6:28 p.m. and read the following: 1. City Council will meet in closed session under Section 551.071 of the Texas Government Code, Consultation with the City Attorney on 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 the Open Meetings act, regarding ongoing negotiations with land owners. 2. 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 -045 3. 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 Secretary. Reconvene into Regular Session Mayor Carpenter reconvened into regular session at 7:12 p.m. 1 a. Take any action based on discussions held in closed session under Agenda Item 1. No action taken. 2a. Take any action based on discussions held in closed session under Agenda Item 2. No action taken. 3a. Take any action based on discussions held in closed session under Agenda Item 3. No action taken. Mayor Carpenter moved back to the discussion and action item section of the agenda. Discussion and Action Items 5. Ordinance No. 19 -S -14 — Conduct a Public hearing and/consideration and /or action approving an Ordinance on a request for a Specific Use Permit to allow for operation of a Convenience Store with Gas Pumps on approximately 2 acres of land, more specifically described as the southeast corner of FM 3009 and Ripps- Kreusler. Final Reading (B. James /L. Wood/N. Koplyay) The following was read into record: ORDINANCE NO. 19 -S -14 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS TO APPROVE A SPECIFIC USE PERMIT TO ALLOW FOR OPERATION OF A CONVENIENCE STORE WITH GAS PUMPS AT THE SOUTHEAST CORNER OF FM 3009 AND RIPPS- KREUSLER, CITY OF SCHERTZ, GUADALUPE COUNTY, TEXAS. Mayor Carpenter recognized Assistant City Manager Brian James who briefed the council on this item and requested approval of final reading. Mayor Carpenter indicated that this was posted as a public hearing and opened the public hearing for those wishing to speak. As no one spoke; Mayor Carpenter closed the public hearing for Council comments. As there were no comments from Council Mayor Carpenter called for a motion. Mayor Carpenter recognized Councilmember Edwards who moved seconded by Councilmember Scagliola to approve Ordinance No. 19 -S -14 on final 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. 9. Resolution No. 19 -R -50 — Consideration and/or action approving a Resolution authorizing an Application for a 100% matching grant for a playground structure through the TRAPS — Gametime Statewide Funding Initiative, and other matters in connection therewith. (B. James /L. Shrum) RESOLUTION NO. 19 -R -50 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN APPLICATION FOR A 100% MATCHING GRANT FOR A PLAYGROUND STRUCTURE THROUGH THE TRAPS — GAMETIME STATEWIDE FUNDING INITIATIVE, AND OTHER MATTERS INCONNECTION THEREWITH Mayor Carpenter recognized Councilmember Larson who requested this item be moved for separate action and Councilmember Larson addressed questions which were answered by Parks Recreation and Community Services Director Lauren Shrum. Mayor Carpenter moved from the Chair seconded by Councilmember Davis to approve Resolution No. 19 -R -50. 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. 10. Resolution 19 -R -53 - A Resolution by the City Council of the City of Schertz, Texas, authorizing the City Manager to enter into an Interlocal Agreement with the City of Cibolo regarding cost sharing for improvements to Wiederstein Road. (M. Brown/B. James) The following was read into record: RESOLUTION NO. 19 -R -53 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE CITY MANAGER TO ENTER INTO AN INTERLOCAL AGREEMENT WITH THE CITY OF CIBOLO REGARDING COST SHARING FOR IMPROVEMENTS TO WIEDERSTEIN ROAD. Mayor Carpenter recognized Assistant City Manager Brian James who provided an overview regarding this item addressing questions from Council. Mayor Carpenter recognized Councilmember Edwards who moved seconded by Councilmember Scagliola to approve Ordinance No. 19 -R -53. 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. 11. Resolution 19 -R -52 — Conduct a Public hearing and consideration and/or action PH approving a Resolution authorizing the power of eminent domain for the acquisition of permanent pipeline easements and certain property rights necessary for the Schertz /Seguin Local Government Corporation Secondary Pipeline Project for the construction, enlargement and maintenance of pipelines and appurtenances designed to carry water for the cities of Schertz and Seguin and customers of the Schertz /Seguin Local Government Corporation; the acquisition of temporary construction easements; directing the City Manager or the City Manager's Designee to execute all documents to institute eminent domain proceedings; and directing the City Attorney to initiate condemnation proceedings. (M. Browne /A. Beard) The following was read into record: RESOLUTION NO. 19 -R -52 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, AUTHORIZING THE POWER OF EMINENT DOMAIN FOR THE ACQUISTION OF PERMANENT PIPELINE EASEMENTS AND CERTAIN PROPERTY RIGHTS NECESSARY FOR SCHERTZ /SEGUIN LOCAL GOVERNMENT CORPORATION SECONDARY PIPELINE PROJECT FOR THE CONSTRUCTION, ENLARGEMENT AND MAINTENANCE OF PIPELINES AND APPURTENANCES DESIGNED TO CARRY WATER FOR THE CITIES OF SCHERTZ AND SEGUIN AND CUSTOMERS OF SCHERTZ /SEGUIN LOCAL GOVERNMENT CORPORATION; THE ACQUISITION OF TEMPORARY CONSTRUCTION EASEMENTS; DIRECTING THE CITY MANAGER OR THE CITY MANAGER'S DESIGNEE TO EXECUTE ALL DOCUMENTS TO INSTITUTE EMINENT DOMAIN PROCEEDINGS; AND DIRECTING THE CITY ATTORNEY TO INITIATE CONDEMNATION PROCEEDINGS. Mayor Carpenter recognized General Manager Amber Beard who introduced this item addressing providing background on the project and what easements are still needed to complete the project. Mayor Carpenter indicated that this was posted as a public hearing and opened the public hearing for those wishing to speak. As no one spoke; Mayor Carpenter closed the public hearing for Council comments. Mrs. Beard addressed questions from Council. Mayor Carpenter recognized Councilmember Scagliola who moved seconded by Councilmember Edwards to approve Resolution No. 19 -R -52. 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. Mayor Carpenter commented the city's use of eminent domain is limited and is not taken lightly. Roll Call Vote Confirmation Mayor Carpenter recognized Deputy City Secretary Gayle Wilkinson who provided the roll call votes for items 1-11. Requests and Announcements • Announcements by the City Manager. • Participated in Love Where you Live • Attended Sippel Elementary Bike Rodeo • Dr. Browne will be re- instituting the City Manager's excellence coin and will be awarding them to city staff for excellence in operation/performance. • Requests by Pro-Tern Mayor and Councilmembers that items be placed on a future City Council agenda. Mayor Carpenter recognized Mayor Pro -Tern Heyward who asked to re -visit Ordinance 18 -S -36 on sheds. • 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 the following: • Judged at the Senior Center Easter Bonnet event • Attended the fish fry at the Senior Center hosted by the Knights of Columbus • First Responders fund raiser event at McDonalds • Attended the YMCA Easter egg hunt Councilmember Gutierrez announced the following: • Attended the Volunteer Fair for our community • Attended the YMCA Easter egg hunt • Lions Club Easter egg hunt • Attended the NEP luncheon • Attended the Chamber luncheon • Attended Council on the go at Scenic Hills • Judged at the Senior Center Easter Bonnet event • Thanked the Knights of Columbus for hosting the fish fry • First Responders fund raiser event at McDonalds Councilmember Edwards announced the following: • Thanked the Parks Department for cleaning the park after the Easter egg hunt Councilmember Scagliola announced the following: • Thanked the staff for the Council on the go at Scenic Hills Community Center • Thanked our Chamber for hosting the non -profit luncheon Councilmember Brown announced the following: • A citizen asked Councilmember Brown to thank our EMS department publicly for saving his life after suffering a diabetic coma. Adi ournment As there was no further business, Mayor Carpenter adjourned the ��ting at 7:45 p.m. ry , Michael Carpenter ATTEST: Brenda Dennis, City Secretary