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11-01-2022 MinutesMINUTES REGULAR MEETING November 1, 2022 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on November 1, 2022, 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: Present: Mayor Ralph Gutierrez; Mayor Pro -Tern Allison Heyward; Councilmember Mark Davis; City Council Place 2 - Vacant; Councilmember Jill Whittaker; Councilmember Michael Dahle; Councilmember David Scagliola; Councilmember Tim Brown City City Manager Mark Browne; Assistant City Manager Brian James; City Attorney Staff: Daniel Santee; Assistant to the City Manager Sarah Gonzalez; Interim City Secretary Sheila Edmondson Call to Order Mayor Gutierrez called the meeting to order at 6:00 p.m. Opening Prayer and Pledges of Allegiance to the Flags of the United States and State of Texas. (Councilmember Whittaker) Mayor Gutierrez recognized Councilmember Jill Whittaker who provided the opening prayer followed by the Pledges of Allegiance to the Flags of the United States and State of Texas. Presentations • Proclamation -Municipal Court Appreciation Week -November 7th-1 Ith, 2022 Mayor Gutierrez proclaimed the week of November 7th -1 lth, 2022 as Municipal Court Appreciation Week and presented Municipal Court Clerks with the Municipal Court Appreciation Week Proclamation. . Proclamation -International Accounting Day -November 1 Oth, 2022 Mayor Gutierrez proclaimed November 10, 2022, as International Accounting Day and presented James Walters, City of Schertz Finance Director, and Babett Martin, City of Schertz Assistant Finance Director, with the International Accounting Day 2022 Proclamation. 1 City Events and Announcements ■ Announcements of upcoming City Events (B. James/S. Gonzalez) Mayor Gutierrez recognized Assistant to the City Manager Sara Gonzalez who provided the following information: Early voting for November 8 General Election continues through Friday, November 4, 2022 Check the City Website for locations, dates and times. Tuesday, November 8 Election Day Refer to City Website for locations Thursday, November 10 Northeast Partnership Monthly meeting 11:30 a.m. Olympia Hills Golf Course and Conference Center RSVP to Sheila Friday, November 11 Veterans Day City Offices Closed Veterans Day Celebration - Schertz, Cibolo & Selma 9:00 a.m. Cibolo City Hall, 200 S. Main Street, Cibolo Saturday, November 12 Nature Discovery Series 10:00 - 11:00 Crescent Bend Nature Park, 12805 Schaefer Road Friday, November 18 Hal Baldwin Scholarship Golf Tournament Registration and Check -in starting at 7:00 a.m. Shotgun start at 9:00 a.m. Olympia Hills Golf Course Monday, November 21 City Council Meeting to Canvass November 8 Election 6:00 p.m. City Council Chambers Thursday, November 24 Thanksgiving City Offices Closed iq Friday, November 25 Thanksgiving Holiday City Offices Closed Saturday, November 26 Star Party 5:00 - 8:00 Crescent Bend Nature Park, 12805 Schaefer Road Thursday, December 1 Deck the City Hall Tree Lighting Ceremony 6:00 p.m. Hal Baldwin Municipal Complex, City Hall Bldg. Saturday, December 3 Holidazzle 8:00 a.m. - 7:00 p.m. Hal Baldwin Municipal Complex Tuesday, December 6 Next regular scheduled City Council Meeting 6:00 p.m. Council Chambers . Announcements and recognitions by the City Manager (M. Browne) City Manager Dr. Mark Browne recognized and thanked Chief Rogers and the Fire Department for the success of the Trunk -or -Treat event. Recognized and thanked Patti Casas fand the Municipal Clerks for the service they provide. Recognized and thanked James Walters and the Finance Department staff for the work they do on behalf of the City. • Announcements and recognitions by the Mayor (R. Gutierrez) Mayor Gutierrez had no additional announcements or recognitions at this time. Hearing of Residents This time is set aside for any person who wishes to address the City Council. Each person should fill out the speaker's register prior to the meeting. Presentations should be limited to no more than 3 minutes. All remarks shall be addressed to the Council as a body, and not to any individual member thereof. Any person making personal, impertinent, or slanderous remarks while addressing the Council may be requested to leave the meeting. 3 Mayor Gutierrez asked Mayor Pro-Tem Heyward to call the first speaker. Mayor Pro-Tem. Heyward recognized the following speakers: Maggie Titterington, 1730 Schertz Parkway Chamber Updates and Appreciation Recognition Skylight was a big success in spite of not being able to float but they did have tethered balloon rides, Record 22,000 people in attendance. Moving the event to the last weekend in September next year, September 29-30. The Chamber Military Affairs Committee has been working with the City of Cibolo on the November 1 lth Veterans Day Ceremony. The keynote speaker will be Brigadier General Russell Driggers, Commander 502nd Air Base JBSA Randolph. Special thanks for the work done on the Kramer House for their Ribbon Cutting to the following individuals: John WIlston Joe Villerreal Bruno Sepeda Jeremiah Yandal Chad Lonsberry Sammy Maieda Toby Salazar Doug Ledbetter Coyle French Trevor Walker Buddy Lewis Michael Hernandez Kevin Anderson Jared Motney Larry May Ian Kind Diego Isaac Cole Moody Nick Cromer Ray Taikienko Robert Dobratz Office of Lexis Taylor Ribbon Cutting and Grand Re -opening for First United Bank on Monday, November 5th. Ms. Titterington expressed her many thanks to Brian James and his team for helping get the renovations underway. She recognized the Coldwell Banker and Health Texas items on the Consent Agenda and expressed her thanks and gratitude for the assistance given by Dr. Browne, Brian James, the development team, and GVEC which helped them overcome some of the challenges, enabling them to break ground. She also recognized Adrian Perez and the EDC Board of Directors for their help in getting Coldwell Banker and Health Texas to n this point. There were no additional comments from residents. Consent Agenda Items The Consent Agenda is considered self-explanatory and will be enacted by the Council with one motion. There will be no separate discussion of these items unless they are removed from the Consent Agenda upon the request of the Mayor or a Councilmember. Mayor Gutierrez read Consent Agenda Items 1- 4. 1. Minutes — Consideration and/or action regarding the approval of the minutes of the regular meeting of October 11, 2022 and regular meeting of October 25, 2022. (S.Edmondson) 2. Resolution 22-R-127- A Resolution by the City Council of the City of Schertz authorizing an agreement with UBEO Services, LLC for the upgrade of multi -function printers and copiers and other matters in connection therewith. (M. Brown/J. Kurz/J. Gohlke) 3. Resolution No. 22-R-110 - A Resolution by the City Council of the City of Schertz, Texas authorizing an Economic Development Performance Agreement between the City of Schertz, City of Schertz Economic Development Corporation and 3009 OAC Investments, LLC. (M. Browne/ A. Perez) 4. Resolution No. 22-R-111 - A Resolution by the City Council of the City of Schertz, Texas authorizing an Economic Development Performance Agreement between the City of Schertz, City of Schertz Economic Development Corporation and Schertz RE Company, LLC. (M. Browne/ A. Perez) 5. Resolution No. 22-R-104 - A Resolution by the City Council of the City of Schertz, Texas authorizing an Economic Development Performance Agreement between the City of Schertz, City of Schertz Economic Development Corporation and Schertz Medical Building, LLC. (M. Browne/ A. Perez) Mayor Gutierrez asked if any items needed to be removed for discussion. No requests to move items from Consent were received. Mayor Gutierrez asked for a motion to approve Consent Agenda Items 1 - 4. Moved by Mayor Pro-Tem Allison Heyward, seconded by Councilmember Tim Brown AYE: Mayor Pro-Tem. Allison Heyward, Councilmember Mark Davis, Councilmember Jill Whittaker, Councilmember Michael Dahle, Councilmember David Scagliola, Councilmember Tim Brown 5 Passed Discussion and Action Items 6. Ordinance 22-T- 43 - An Ordinance by the City Council of the City of Schertz, Texas authorizing an adjustment to the Fiscal Year 2022-2023 Budget to fund audio/visual improvements for Municipal Court, repealing all ordinance or parts of ordinance in conflict with this ordinance; and providing an effective date. First Reading (M.Browne/J.Walters) Mayor Gutierrez read the following into the record: ORDINANCE NO.22-T-43 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN ADJUSTMENT TO THE FISCAL YEAR 2022-2023 BUDGET TO FUND AUDIOVISUAL IMPROVEMENTS FOR MUNICIPAL COURT, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE Mayor Gutierrez recognized Finance Director James Walters, who explained the need for the additional audio/visual improvements is to allow municipal court to be held in the Council Chamber. The current courtroom is slated for renovations to create office space for new personnel. The funding to be utilized for the audio/visual improvements required for the municipal court will come from court technology restricted funds that can only be used for core technology upgrades. The current fund balance is $507,000. This adjustment will provide the additional $10,000 required to accommodate court needs. Mayor Gutierrez called for a motion to approve Ordinance No. 22-T-43. Moved by Councilmember Tim Brown, seconded by Mayor Pro-Tem Allison Heyward AYE: Mayor Pro-Tem Allison Heyward, Councilmember Mark Davis, Councilmember Jill Whittaker, Councilmember Michael Dahle, Councilmember David Scagliola, Councilmember Tim Brown Passed 7. Resolution 22-R-128 - Consideration and/or action approving a Resolution amending the Schertz Main Street Area Preservation Incentive Program. (B. James) Mayor Gutierrez read the following into the record: RESOLUTION NO.22-R-128 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, read signifying the Landmark designation. Once they are on the Landmark designation list, they can apply for the grant. The application goes to the Historic Preservation Committee first, and if approved, it then goes to Council. Mayor Gutierrez asked how long they would need to wait to apply for a second grant. Mr. James stated that currently awards are made on a one-time basis. Mayor Gutierrez called for a motion to approve Resolution 22-R-128. Moved by Mayor Pro-Tem Allison Heyward, seconded by Councilmember Tim Brown Motion made and amended to approve Resolution 22-R-128 with addition of verbiage that states grants will be limited to exterior structural or aesthetic modifications that are approved and coordinated through the Historical Preservation Committee. AYE: Mayor Pro-Tem Allison Heyward, Councilmember Mark Davis, Councilmember Jill Whittaker, Councilmember Michael Dahle, Councilmember David Scagliola, Councilmember Tim Brown Passed 8. Ordinance No. 22-S-41- Consideration and/or action on a request to rezone approximately 15 acres of land from Pre -Development District (PRE) to Planned Development District (PDD), generally located approximately 2,200 feet southeast of the intersection of Lower Seguin Road and FM 1518, also known as Bexar County Property Identification Number 309997 and 309999, City of Schertz, Bexar County, Texas. Final Reading (B. James / L. Wood / E. Delgado) Mayor Gutierrez stated for the record that Councilmember Dahle had stepped down from the dais. Councilmember Dahle is the property and has signed an affidavit regarding a conflict of interest regarding this ordinance. Mayor Gutierrez read the following into record: ORDINANCE NO.22-S-41 CONSIDERATION AND/OR ACTION ON A REQUEST TO REZONE APPROXIMATELY 15 ACRES OF LAND FROM PRE -DEVELOPMENT DISTRICT (PRE) TO PLANNED DEVELOPMENT DISTRICT (PDD), GENERALLY LOCATED APPROXIMATELY 2,200 FEET SOUTHEAST OF THE INTERSECTION OF LOWER SEGUIN ROAD AND FM 1518, ALSO KNOWN AS BEXAR COUNTY PROPERTY IDENTIFICATION NUMBER 309997 AND 309999, CITY OF SCHERTZ, BEXAR COUNTY, TEXAS. FINAL READING. Mayor Gutierrez recognized Councilmember Scagliola. Councilmember Scagliola stated he is in favor of Workforce housing and this development satisfies a significant need in our community, so he is in favor of the development. However, he objected to a seeming disregard for the voice of the people. He stated it is the absolute 8 responsibility of the developer to ensure projects in our city are perceived as being beneficial to our community. It is the responsibility of the developer to inform the residents and ensure they're objections are heard and addressed. He did not feel that was accomplished. Mayor Gutierrez called for a motion to approve Ordinance No. 22-S-41. Moved by Councilmember Tim Brown, seconded by Mayor Pro-Tem Allison Heyward , AYE: Mayor Pro-Tem Allison Heyward, Councilmember Mark Davis, Councilmember Jill Whittaker, Councilmember Michael Dahle, Councilmember David Scagliola, Councilmember Tim Brown Passed 9. Resolution 22-R-129- Consideration and/or action approving an amendment to the contract for upgrades to the Council Chambers with Bluum USA, Inc. (B. James, M. Clauser) Mayor Gutierrez asked Councilmember Dahle to rejoin Councilmembers on the dais. Mayor Gutierrez read the following into the record: RESOLUTION NO. 22-R-129 CONSIDERATION AND/OR ACTION APPROVING AN AMENDMENT TO THE CONTRACT FOR UPGRADES TO THE COUNCIL CHAMBERS WITH BLUUM USA, INC. Mayor Gutierrez recognized Assistant City Manager Brian James. ACM James explained that the amendment to the contract is required in order to make the necessary audio/visual improvements in the Council Chambers to accommodate the Municipal Court. Mayor recognized Councilmember Davis who asked if the contract included updated outlets with the USB port. Jack Bluebird, IT Department, responded affirmatively. Councilmember Scagliola asked for the start date. Mr. Bluebird responded by stating late December. Mayor asked if there were any other questions or comments. None were expressed. Mayor Gutierrez called for a motion to approve Resolution 22-R-129. Moved by Councilmember Mark Davis, seconded by Councilmember Jill Whittaker AYE: Mayor Pro-Tem Allison Heyward, Councilmember Mark Davis, Councilmember Jill Whittaker, Councilmember Michael Dahle, Councilmember David Scagliola, Councilmember Tim Brown Passed Roll Call Vote Confirmation Mayor Gutierrez recognized Interim City Secretary Sheila Edmondson who provided roll call confirmation for Consent Agenda Items 1-4 and Agenda Items 5-8. Closed Session 10. 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-86j *Project E-88 11. The City Council will convene in closed session pursuant to Section 551.071 of the Texas Government Code to conduct a private consultation with its attorney about pending or contemplated litigation or a settlement offer on one or more of the following matters: Green Valley Special Utility District vs. City of Schertz et al Case No. 17-CV-00819-LY (U.S. District Court, Western District of Texas, Austin Division); City of Schertz v. United States Department of Agriculture, et al., No. 19-51056 (U.S. Fifth Circuit Court of Appeals); City of Schertz, Texas v. Texas Commission on Environmental Quality, et al. No. 07-20-00167-CV (Seventh Court of Appeals, Amarillo, Texas); Green Valley Special Utility District v. the Public Utility Commission of Texas and DeAnn T. Walker; Arthur C. D'Andrea, Jr.; Shelly Botkin;in their official capacities as Commissioners of the Public Utility Commission of Texas; and John Paul Urban in his official capacity as Executive Director the Public Utility Commission of Texas; and the City of Schertz, Texas. Cause No. D-1-GN-18-000535, In the District Court of Travis County, Texas, 419th Judicial District; Application of Green Valley Special Utility District for New TPDES Permit, No. WQ0015917-001 (Texas Commission on Environmental Quality) 12. The City Council will meet in Closed Session in accordance with Section 551.074 of the Texas Government Code, Personnel Matters, to discuss the direction on an appointment of a new City Manager. 10 13. The City Council will meet in Closed Session under Section 551.074 of the Texas Government Code, Personnel Matters, to discuss the vacancy of the City Secretary position. Reconvene into Regular Session 14. Take any action based on discussion held in Closed Session under Agenda Item 9. Start time: 7:28 p.m. End time: 7:41 p.m. No action taken on Agenda Item 9. 15. Take any action based on discussions held in Closed Session under Agenda Item 10. Start 6:55 p.m. End 7:41 p.m. No action taken on Agenda Item 10. 16. Take any action based on discussions held in Closed Session under Agenda Item 11. Start time: 8:16 p.m. End time: 8:25 p.m. Mayor Gutierrez asked for a motion. Mayor Pro-Tem Heyward made a motion to appoint Steve Williams as the City Manager with an effective date of 1 December. Seconded by Councilmember Scagliola. Moved by Mayor Pro -Tern Allison Heyward, seconded by Councilmember David Scagliola AYE: Mayor Pro-Tem Allison Heyward, Councilmember Mark Davis, Councilmember Jill Whittaker, Councilmember Michael Dahle, Councilmember David Scagliola, Councilmember Tim Brown Passed 17. Take any action based on discussions held in Closed Session under Agenda Item 12. Start time: 8:28 p.m. End time: 8:35 p.m. No action taken on Agenda Item 12. 11 Roll Call Vote Confirmation Mayor Gutierrez recognized Interim City Secretary Sheila Edmondson who provided roll call confirmation for Closed Session Agenda Item 10. Information available in City Council Packets - NO DISCUSSION TO OCCUR Requests and Announcements • Announcements by the City Manager. Dr. Browne welcomed the new City Manager, Steve Williams. ■ Requests by Mayor and Councilmembers for updates or information from staff. No requests by Mayor or Councilmembers for updates or information from staff. • Requests by Mayor and Councilmembers that items or presentations be placed on a future City Council agenda. No requests by Mayor or Councilmembers that items or presentations be placed on a future City Council 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 Heyward welcomed Steve Williams as the new City Manager. Attended the EDC meeting as City Council Liaison. Attended the 'Live to Lead Leadship Conference' with Jay Johnson. Ribbon cutting for Nolan Agency, a health care insurance company. Ag event at elementary school. Councilmember Davis welcomed Steve Williams to Schertz. Councilmember Whittaker welcomed Steve Williams. Attended Coffee with the Chamber. Attended the Historic Preservation Committee Meeting. Attended First United Bank Community Prayer Event. Councilmember Dahle welcomed Mr. Williams. Attended the first meeting of the Schertz Young Leaders Program. Attended CVLGC Meeting. Councilmember Scagliola 12 Attended Chamber Rlbbon cutting ceremony for Kramer House. Attended the Domestic Violence Observance in Cibolo. Voted Councilmember Brown welcomed Mr. Williams. Adjournment Mayor Gutierrez adjourned the meeting at 8:45 p.m. ATTEST: Sheila niondson, Inferim City Secretary me f L ��- • 13