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