04-28-2020 MinutesMINUTES
REGULAR MEETING
April 28, 2020
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas,
on April 28, 2020, 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 -Tem Mark Davis; Councilmember Scott
Larson; Councilmember Michael Dahle; Councilmember David Scagliola;
Councilmember Allison Heyward; Councilmember Tim Brown
Absent: Councilmember Rosemary Scott Excused Absence
City City Manager Dr. Mark Browne; Assistant City Manager Brian James;
Staff: Assistant City Manager Charles Kelm; City Attorney Daniel Santee; City
Secretary Brenda Dennis; Assistant to the City Manager Sarah Gonzalez;
Deputy City Secretary Gayle Wilkinson
Call to Order — City Council Regular Session
Mayor Gutierrez called the regular 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 Scott Larson)
City Events and Announcements
Announcements of upcoming City Events (B. James /C. Kelm /S. Gonzalez)
None at this time.
Announcements and recognitions by the City Manager (M. Browne)
None at this time.
a Announcements and recognitions by the Mayor (R. Gutierrez)
Mayor Gutierrez reminded those students participating in the Hal Baldwin
Scholarship Program they are required to sign in on the sign in sheet in the back
of the room or contact Assistant to the City Manager Sarah Gonzalez at
210 - 619 -1015 for any questions, or they can email her at sonzalez @schertz.com.
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Hearing of Residents
Residents who choose to watch the meeting via live stream, but who would like to
participate in Residents to be Heard, should email their comments to City Secretary,
Brenda Dennis, at bdennis@schertz.com by 5:00 p.m. on Monday, April 27, 2020,
SO THAT THE CITY SECRETARYMA YREAD THE PUBLIC COMMENTS
INTO THE RECORD UNDER THE HEARING OF RESIDENTS. In the body of
the email please include your name, your address, phone number, agenda item # if
applicable or subject of discussion, and your comments.
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.
Discussion by the Council of any item not on the agenda shall be limited to statements
of specific factual information given in response to any inquiry, a recitation of existing
policy in response to an inquiry, and /or a proposal to place the item on a future
agenda. The presiding officer, during the Hearing of Residents portion of the agenda,
will call on those persons who have signed up to speak in the order they have
registered.
Mayor Gutierrez recognized the following person:
Maggie Titterington - 1730 Schertz Parkway - Ms. Titterington provided an
update on the status of the Chamber of Commerce and discussed some Zoom
webinars they have available to aid small businesses and addressing re- engaging
the workforce. All webinars and information are available at thechamber.info.
Mayor Gutierrez asked City Secretary Brenda Dennis if there were any hearing of
residents submitted in writing. There were none.
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.
The following was read into record:
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1. Minutes — Consideration and/or action regarding the approval of the minutes
of the meeting of April 14, 2020. (B. Dennis)
2. Resolution No. 20 -R -32 - Consideration and/or action approving a Resolution
by the City Council of the City of Schertz, Texas authorizing EMS debt
revenue adjustments, Utility Billing debt revenue adjustments and Schertz
Magazine debt revenue adjustments for certain inactive outstanding
receivables and other matters in connection therewith. (B. James /J. Walters)
3. Resolution No. 20 -R -38 - Consideration and /or action approving a Resolution
by the City Council of the City of Schertz, Texas authorizing an Interlocal
Agreement between the City of Schertz and Education Service Center Region
20 for the participation in the ESC 20 Fiber Consortium and other matters in
connection therewith. (B. James/M. Uhlhorn)
4. Resolution No. 20 -R -41 - Consideration and /or action approving a Resolution
by the City Council of the City of Schertz, Texas authorizing expenditures in
an amount not to exceed $100,000 with Gall's LLC. (C. Kelm/J. Gohlke)
5. Resolution No. 20 -R -43 — Consideration and/or action approving a Resolution
by the City Council of the City of Schertz, Texas authorizing the submission
of a Grant Application in an amount up to $78,398.00 to the Office of the
Governor, Homeland Security Division for the 2020 State Homeland Security
Grant Urban Area Security Initiative (UASI) Program; and authorizing the
acceptance of the funds, upon award. (C. Kelm/K. Long)
6. Resolution No. 20 -R -44 - Consideration and /or action approving a Resolution
by the City Council of the City of Schertz, Texas authorizing expenditures
with Farrwest Environmental Supply totaling no more than $90,000.00 for
supplies and equipment during the 2019 -2020 Fiscal Year and other matters in
connection therewith. (C. Kelm/K. Long)
7. Resolution No. 20 -R -45 - Consideration and /or action approving a Resolution
by the City Council of The City Of Schertz, Texas authorizing expenditures in
an amount not to exceed $525,000.00 with Siddons Martin Emergency Group
and other matters in connection therewith. (C. Kelm/K. Long)
8. Resolution No. 20 -R -46 - Consideration and /or action approving a Resolution
by the City Council of the City of Schertz Texas, authorizing an Interlocal
Agreement for funding assistance with the Schertz Housing Authority. (M.
Browne/B. James)
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Moved by Councilmember Michael Dahle, seconded by Councilmember
Allison Heyward to approve consent agenda items 1 - 8.
AYE: Mayor Pro -Tern Mark Davis, Councilmember Scott Larson,
Councilmember Michael Dahle, Councilmember David Scagliola,
Councilmember Allison Heyward, Councilmember Tim Brown
Passed
Public Hearings
The following was read into record:
9. Ordinance No. 20 -S -12 - Conduct a public hearing, consider and take action
on a request for a Specific Use Permit to allow 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 Road, City of Schertz,
Guadalupe County, Texas.First Reading (B. James/L. Wood/N. Koplyay)
Mayor Gutierrez recognized Planner Nick Koplyay who presented a
PowerPoint and introduced this item.
Mayor Gutierrez opened the public hearing for those wishing to speak, and as
no one spoke: closed the public hearing for Council comments.
Moved by Councilmember Scott Larson, seconded by Councilmember
David Scagliola to approve Ordinance 20 -S -12, First Reading.
AYE: Mayor Pro -Tern Mark Davis, Councilmember Scott Larson,
Councilmember Michael Dahle, Councilmember David Scagliola,
Councilmember Allison Heyward, Councilmember Tim Brown
Passed
Discussion and Action Items
The following was read into record:
10. Ordinance No. 20 -T -14 - Consideration and/or action approving an
Ordinance by the City Council of the City of Schertz, Texas authorizing an
Adjustment to the Fiscal Year 2019 -2020 Reserves for $250,025.00; repealing
all Ordinances or Parts of Ordinances in conflict with this Ordinance; and
providing an effective date. First Reading (C. Kelm /S. Williams/D. Letbetter)
Mayor Gutierrez recognized Public Works Director Suzanne Williams who
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presented a PowerPoint, introduced this item and answered questions from
Council along with Finance Director James Walters.
Moved by Councilmember David Scagliola, seconded by Councilmember
Allison Heyward to approve Ordinance 20 -T -14, First Reading.
AYE: Mayor Pro -Tem Mark Davis, Councilmember Scott Larson,
Councilmember Michael Dahle, Councilmember David Scagliola,
Councilmember Allison Heyward, Councilmember Tim Brown
Passed
The following was read into record:
11. Ordinance No. 20 -H -15 - Consideration and /or action approving an
Ordinance by the City Council of the City of Schertz amending Ordinance No.
20 -H -13; extending a Declaration of Local Disaster and Public Health
Emergency; amending the rules and regulations for the duration of the
disaster; restricting certain activities; establishing penalties for violations;
providing and effective date and declaring an emergency. First and Final
Reading (Mayor /Council)
Mayor Gutierrez recognized Fire Chief Kade Long who presented a
PowerPoint and addressed Council with an update of our status on the
Coronavirus in reference to Governor Abbott's press conference where he
issued three (3) executive orders. Chief Kade Long outlined the Governors
approach to opening the Texas economy in reference to Schertz. Chief Long
addressed questions from Council along with City Attorney Dan Santee, and
City Manager Dr. Mark Browne.
Mayor Gutierrez addressed Council about the different struggles present
during EOC (Emergency Operations Center) discussions /meetings and that our
focus is on what is best for our City.
Moved by Councilmember David Scagliola, seconded by Mayor Pro -Tem
Mark Davis to approve Ordinance 20 -H -15, First and Final Reading
declaring an emergency.
AYE: Mayor Pro-Tern Mark Davis, Councilmember Michael Dahle,
Councilmember David Scagliola, Councilmember Allison
Heyward, Councilmember Tim Brown
NAY: Councilmember Scott Larson
Passed
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Roll Call Vote Confirmation
Mayor Gutierrez recognized City Secretary Brenda Dennis who provided the roll call
confirmation for agenda items 1 - 11.
Workshop
12. Discussion and Presentation regarding procurement procedures and policies.
(C. Kelm /J. Gohlke)
Mayor Gutierrez recognized Purchasing & Asset Manager Julie Gohlke who
prestented a PowerPoint discussing on where we were in our procedures,
where we are now, and some challenges we still face moving forward and
answered questions from Council.
Closed Session
The following was read into record:
13. City Council will recess into Closed Session as authorized by the Texas Open
Meetings Act, the City Council will adjourn into closed under Section
551.071, of the Texas Government Code Consultation with legal counsel
regarding pending litigation:
1. Cause No. D- 1- GN -18- 006040; Cibolo,et al v.TCEQ
2. Green Valley Special Utility District vs. City of Schertz et al;
Case No.: 17- CV- 00819 -SS (U.S. District Court, Western District of
Texas, Austin Division); Fifth Circuit of Appeals Case No.
:18 -51092
Mayor Gutierrez recessed the regular meeting into closed session at 7:27 p.m.
Mayor Gutierrez asked all who were not participating in the closed session to
step outside until the conclusion of the meeting due to the Covid -19 virus and
the need for the meeting to be conducted in the main Council Chambers.
Reconvene into Regular Session
Mayor Gutierrez reconvened into regular session at 8:03 p.m.
13A. Take any action based on discussions held in closed session under
Agenda item 13.
No action taken at this time.
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Information available in City Council Packets - NO DISCUSSION TO OCCUR
Mayor Gutierrez reminded Council about the informational item that was in their
packet, he also stated that the information can be found on line.
14. Update on drainage project
Requests and Announcements
*Announcements by the City Manager.
None at this time.
Requests by Mayor and Councilmembers that items be placed on a future City
Council agenda.
None at this time.
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
No announcements were given at this time.
Adjournment
As there was no further business, Mayor Gutierrez adjourned th9jnee r' at 8:04 p.m.
Mayor
ATTEST:
Gayle Wilkinson, Deputy City Secretary
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