04-06-2021 MinutesMINUTES
REGULAR MEETING
April 6, 2021
A Regular Meeting was held by the Schertz City Council of the City of Schertz,
Texas, on April 6, 2021, 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 Jill Whittaker; Councilmember
Mark Davis; Councilmember Rosemary Scott; Councilmember Michael
Dahle; Councilmember David Scagliola; Councilmember Allison
Heyward; Councilmember Tim Brown
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 Sheila Edmondson; Executive Director Economic
Development Adrian Perez
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 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 Gutierrez stated he has a special announcement: Council and guests, while
seated it is perfectly fine for you to remove your mask or while speaking at the
podium, but as you approach the dais or depart the Chamber we respectfully ask
that you place your face mask back on.
Mayor Gutierrez stated that students who are participating in the Hal Baldwin
Scholarship and are present to sign in on the sheet in the back.
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UPDATE: Due to COVID -19, students are encouraged to watch a City Council
meeting on the City's YouTube channel:
For more information, contact Sarah Gonzalez by email
at sgonzalez@schertz.com.
Presentations
• 2020 Achievement of Library Excellence Award - Presentation regarding the
Texas Municipal Library Directors Association Excellence Award. (M.
Browne/B. James/M. Uhlhorn)
Mayor Gutierrez recognized Melissa Uhlhorn, Library Director who
provided information regarding the requirements necessary to achieve this
award. Mayor and Council congratulated Melissa for such an achievement.
Proclamations
Mayor Gutierrez read and presented the following proclamations:
• Proclamation recognizing the Month of the Military Child. (Mayor /J. Cofee)
• Proclamation recognizing Sexual Assault Awareness Month. (Mayor /A.
Story)
• Proclamation recognizing Alcohol Awareness Month. (Mayor /A. AlstonN.
Adams)
Employee Recognition
Mayor Gutierrez recognized the following Department Heads who introduced
their new employees.
• EMS - Administrative Assistant, Adriana Rutledge; EMT's Levi Flickinger,
James Garcia, Michael Koerner; EMS Paramedic Tyler Wilson (C. Kelm /J.
Mabbitt)
• City Secretary - Deputy City Secretary, Sheila Edmondson. (Mayor/B.
Dennis)
• Planning & Community Development, Planner 1, James May. (B. James/L.
Wood)
• Utility Billing - Utility Billing Clerk, Charis Kempen. (B. James /J.
Walters/D. Hardin - Trussell)
City Events and Announcements
Announcements of upcoming City Events (B. James /C. Kelm/S. Gonzalez)
Mayor Gutierrez recognized Assistant City Manager Brian James who
provided the following announcements:
Saturday, April 10th - Nature Discovery Series
"What's Buzzing & Blooming"
Crescent Bend Nature Park
9:30 AM
Sunday, April 11th
Movin' on. Main
Wellness event on Main Street
12:00 PM — 4:00 PM
(Road closures in effect from 8:00 AM — 7:00 PM)
Tuesday, April 13th
Next regular scheduled Council meeting
Special Joint Meeting with Planning & Zoning Commission
5:30 PM
Sundays, April 18th through May 23rd
Adult Kickball League (ages 21 years and older) sponsored by the
Schertz Parks & Rec Social League
Games will be played Sunday evenings from 6 -10 PM, April 18th
through May 23rd at Thulemeyer Park
Register online at Schertz.com or call the Parks Department at
210 - 619 -1850 for more information.
Registration includes a team t- shirt!
*Announcements and recognitions by the City Manager (M. Browne)
No announcements were provided.
Announcements and recognitions by the Mayor (R. Gutierrez)
No announcements were provided.
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Hearing of Residents
Mayor Gutierrez read the following:
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:
* Mr. Henry Conway, 8001 Harper Valley St. Live Oak who addressed
Council regarding agenda item 8 regarding automatic sprinkler system
installation requirements and the hardship it would cause for the VFW Post
8315, requested that they be exempt due to the cost of installation.
Mr. David Garcia, 1303 Madrid Drive, Universal City who deferred his time
to Henry Conway regarding agenda item 8.
• Mr. Joe Atalin, 86100 Turner Ridge, Garden Ridge, who deferred his time to
Henry Conway regarding agenda item 8.
* Mr. Guadalupe Moytiver, 255 Matthew Cibolo, who also deferred his time to
Henry Conway regarding agenda item 8.
* Mr. John Hoeft, 509 Schertz Parkway who addressed Council regarding
agenda item 8 regarding automatic sprinkler system installation requirements
and the hardship it would cause for Mikulski Hall, requested that they be
exempt due to the cost of installation.
* Mr. Jesse Gonzales, 1300 Tractor Pass who also addressed Council regarding
automatic sprinkler system installation requirements and the hardship it
would cause for Mikulski Hall.
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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 and Mayor Pro -Tem Whittaker read the following items into
record:
1. Minutes — Consideration and/or action regarding the approval of the
minutes of the regular meeting of March 23, 2021. (B. Dennis)
2. Resolution No. 21 -R -21 — Consideration and/or action approving a
Resolution by the City Council of the City of Schertz, Texas, authorizing a
contract with M &C Fonseca Construction Co., Inc. relating to the
construction of the F.M. 1103 Sewer Extension Project and authorizing
the budget expenditures for the project. (C. Kelm /S. Williams /S.
McClelland)
3. Resolution No. 21 -R -26 - 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)
4. Resolution No. 20 -R -29 - Consideration and/or action approving a
Resolution by the City Council of the City of Schertz, Texas, authorizing
the City Manager to sign a Letter of Intent (LOI) with Sterling McCall
Ford for the purchase of one (1) new ambulance for Fiscal Year
2021/2022. (C. Kelm /J. Mabbitt)
5. Ordinance No. 21 -S -08- Consideration and/or action approving an
Ordinance by the City Council of the City of Schertz , Texas on a request
to rezone approximately 58 acres of land from Single- Family Residential /
Agricultural (R -A) to Planned Development District (PDD), generally
located approximately 1,560 feet north west of the intersection of FM
1518 and Ware - Seguin Road, also known as Bexar County Property
Identification Numbers 310073, 310106, 310101, 310105, 310104,
310078, 1157215, 310077, and 310083, City of Schertz, Bexar County,
Texas. (B. James / L. Wood / E. Delgado)Final Reading
6. Resolution No. 21 -R -28 - Consideration and/or action approving a
Resolution authorizing the revised Bylaws of the Planning and Zoning
Commission, and other matters in connection therewith. (B. James / L.
Wood / E. Delgado)
7. Resolution No. 21 -R -27 - Consideration and /or action approving a
Resolution by the City Council of the City of Schertz Texas authorizing
temporary employees to help manage the COVID -19 vaccine clinics. (M.
Browne /C. Kelm/K. Long)
8. Ordinance No. 21 -C -09 — Consideration and/or action approving an
Ordinance by the City Council of The City of Schertz, Texas amending
The Code Of Ordinances of the City of Schertz Chapter 30, Fire
Prevention And Protection by amending existing International Codes and
adopting New International Codes; Providing for a period of compliance
for certain provisions; Providing for severability; Providing for a fine of
not more than five hundred dollars ($500.00) for each offense unless said
violation is a violation of a regulation governing; fire safety, public health
and sanitation; then by a fine of not more than two thousand dollars
($2,000.00) for each offense. Final Reading (C. Kelm/K. Long)
9. Resolution No: 21 -R -30 - Consideration and /or action approving a
resolution by the City Council of the City of Schertz, Texas authorizing a
Police Uniform Agreement with Nardis Inc. (C. Kelm / M. Hansen / K.
Kallies)
10. Ordinance No. 21 -C -07 - Consideration and/or action approving an
Ordinance amending the Schertz Code of Ordinances, Chapter 18,
Buildings and Building Regulations, by repealing existing International
Codes and adopting new International Codes and adopting the revised
Schertz Code of Ordinance, Chapter 18, Building and Building
Regulations. Final Reading (B. James/L. Wood /G. Durant)
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11. Resolution 21 -R -31- Consideration and/or action approving a Resolution
by the City Council of the City of Schertz, Texas authorizing an Interlocal
Cooperation Contract Agreement with the Texas Parks and Wildlife
Department (TPWD), and other matters in connection therewith. (M.
Browne /C. Kelm/K. Long)
12. Boards, Commission and Committee Appointments - Consideration
and/or action appointing Mr. Richard Gonzales to the Historical
Preservation Committee. (B. Dennis/Mayor- Council)
13. Resolution No. 21 -R -19 - Consideration and/or action approving a
Resolution by the City Council of the City of Schertz, Texas authorizing a
contract for bank depository services between the City of Schertz and
Schertz Bank and Trust. (M. Browne/B. James /J. Walters)
Mayor Gutierrez announced that agenda items 2 and 8 are being removed
for separate action and asked Council if there were any other items they
wished to be removed for separate action. Mayor Gutierrez recognized
Councilmember Scott who requested that agenda items 5 and 8 be
removed and Councilmember Davis requested agenda items 7 and 13 be
removed for separate action.
Moved by Councilmember David Scagliola, seconded by
Councilmember Mark Davis to approve consent agenda items 1, 3, 4, 6,
9, 10 through 12.
AYE: Mayor Pro -Tem Jill Whittaker, Councilmember Mark Davis,
Councilmember Rosemary Scott, Councilmember Michael
Dahle, Councilmember David Scagliola, Councilmember
Allison Heyward, Councilmember Tim Brown
Passed
Discussion and Action Items
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2. Resolution No. 21 -R -21— Consideration and /or action approving a
Resolution by the City Council of the City of Schertz, Texas, authorizing a
contract with M &C Fonseca Construction Co., Inc. relating to the
construction of the F.M. 1103 Sewer Extension Project and authorizing the
budget expenditures for the project. (C. Kelm /S. Williams /S. McClelland)
Mayor Gutierrez recognized Assistant City Manager Charles Kelm who
introduced this item stating staff has been working with the property owner
of Corridor Oaks with Mr. Kahn with sewer extension project. Mr. Kahn
originally agreed to extend the 8 -inch wastewater main from the corner of
Walgreens /Corridor Oaks Rd across the easement of Walgreens and then
across the property front of Corridor Oaks. Original agreement was to just
address the project across from the Walgreen portion. Mr. Kahn has now
agreed to extend it across his property. Request permission for Dr. Browne to
sign this agreement with Mr. Kahn to finalize extending the 8 inch main
across his property and granting the easement to the city.
Staff recommends approval of Resolution 21 -R -21 authorizing the City
Manager to enter into a contract with M &C Fonseca Construction Co., Inc.,
in an amount not to exceed $81,659.00 for the construction of the F.M. 1103
Sewer Extension Project.
Moved by Councilmember Michael Dahle, seconded by
Councilmember Allison Heyward to approve Resolution 21 -R -21
AYE: Mayor Pro -Tem Jill Whittaker, Councilmember Mark Davis,
Councilmember Rosemary Scott, Councilmember Michael
Dahle, Councilmember David Scagliola, Councilmember
Allison Heyward, Councilmember Tim Brown
Passed
5. Ordinance No. 21 -S -08- Consideration and /or action approving an
Ordinance by the City Council of the City of Schertz , Texas on a request to
rezone approximately 58 acres of land from Single- Family Residential /
Agricultural (R -A) to Planned Development District (PDD), generally
located approximately 1,560 feet north west of the intersection of FM 1518
and Ware - Seguin Road, also known as Bexar County Property Identification
Numbers 310073, 310106, 310101, 310105, 310104, 310078, 11572159
310077, and 310083, City of Schertz, Bexar County, Texas. (B. James / L.
Wood/ E. Delgado) Final Reading
Mayor Gutierrez recognized Senior Planner Emily Delgado who introduced
this item stating the applicant is proposing to rezone approximately 58 acres
of land from Single- Family Residential / Agricultural (R -A) to Planned
Development District (PDD), specifically as part of The Crossvine PDD.
Based on the subject property being immediately adjacent to existing The
Crossvine PDD zoned properties on two sides, and FM 1518 the proposed
zoning should have minimal impact on the adjacent properties. The proposed
The Crossvine PDD 4th amendment to incorporate the additional 57.486
acres is consistent with PDD design standards previously approved and will
be a natural continuation of the existing The Crossvine development. Staff
recommends approval of zone change request, to incorporate approximately
58 acres into the Crossvine PDD.
Mayor Gutierrez recognized Councilmember Scott who address her concerns
regarding the 5 -foot set back.The 5ft setback is the same as the current
Crossvine PDD. She is concerned about congestion and growth. Cannot
escape it, but only can control it. There will be a mix of yard sizes. This is a
conceptual proposal with the PDD language. Every person she spoke to, says
the yards are small, want larger yards, but they are the only sizes offered.
Folks wanting larger yards, says buyers are willing to give up home space for
larger yards. Home prices going up, but yards are getting smaller.
Councilmember Scagliola also addressed congestion and density, however
we sat down months ago and discussed the Crossvine and developed the
guidelines. This is consistent with the homes being built in that development.
Looking forward to sitting down for the joint meeting with PZ next week.
Believes PDD are being used to develop small lots, and would like to set
percentages on small, medium and larger lots.
Moved by Councilmember David Scagliola, seconded by
Councilmember Michael Dahle to approve Ordinance 21 -5 -08 on final
reading.
AYE: Mayor Pro -Tem Jill Whittaker, Councilmember Mark Davis,
Councilmember Rosemary Scott, Councilmember Michael
Dahle, Councilmember David Scagliola, Councilmember
Allison Heyward, Councilmember Tim Brown
V
Passed
7. Resolution No. 21 -R -27 - Consideration and/or action approving a
Resolution by the City Council of the City of Schertz Texas authorizing
temporary employees to help manage the COVID -19 vaccine clinics. (M.
Browne /C. Kelm/K. Long)
Mayor Gutierrez recognized Fire Chief Kade Long who introduced this item
stating this item authorizes temporary employees to help manage COVID -19
vaccine clinics. Chief Long explained the intent was to get staff back to their
regular jobs. Having the temporary employees to run pre and post clinic only,
so we can still hold vaccine clinics and temporary staff to run them, without
using regular full time staff.
Mayor Gutierrez recognized the following:
Councilmember Davis asked are these projected to be part-time or full time
or mixture of both? Chief Long answered they will be temporary staff.
Depending on the need of that week's clinics, temporary employees can
work 40 hrs. or 10 hrs., depending on the need the shot clinic. The end date
of the temporary employment status is June. 15, 2021.
Councilmember Davis stated before we have had temporary agencies, fill
positions needed, are we using a temp agency or are we using HR resources?
Concerns of using volunteers for temporary staff vs. using a temp agency.
Afraid we could open up a precedent of other volunteers and volunteer
program. We do need the staff but find it odd that we are using a volunteer
pool and now making them part-time employees. Feels leery using these
volunteers as temp employees and not using temp service to provide the
temporary employees.
Mayor Pro -Tem Whittaker asked about the Financial impact. Is the pay
coming from the COVID-19 reimbursement funds? Chief Long said there are
2 funding mechanisms to cover the additional expense. Believes you can
differentiate the difference with (clinic volunteers) temp employees vs. hiring
temps from an agency. Sees this as a separate program and believes the
additional funding from the government for fighting Covid to pay for the
temporary employees is a good use of those funds.
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Chief Long stated the thought behind this was consistency and speed at the
shot clinics. There are some technical jobs and having a temp employee vs. a
volunteer, the consistency and service remains high.
Councilmember Scott stated she called HR, (Mayor and Dr. Browne had no
knowledge) and asked about Raquel Gutierrez being a compensated
volunteer. Found out could not pay her, due to nepotism. Believes this can be
very political very fast and believes the volunteers should be highly
recognized.
Chief Long thanked Raquel Gutierrez for her running the volunteer program
and getting staffmg for the clinics.
Councilmember Dahle stated he supports this idea, the volunteer program has
been wonderful so far, but is afraid we could tap out that pool of volunteers.
He sees the benefit of having those volunteers hired as the temp employees
because of their experience in working the clinics so far. We need to get help
for the regular staff so they can get back to their duties and not being pulled
in two different directions. He sees the challenges of hiring paying some
COVID -19 volunteers and not others could send the wrong message to them,
and we could possibly lose some volunteers over this. This is a challenge, but
we need to find the right way to implement this program.
Councilmember Heyward stated she support this, there are some wonderful
volunteers that have worked long hours, long days and even nights. Bringing
in new folks while we are at the tail end of this would be a disservice to the
EMS Fire Dept/ Summer Hall having to train new folks to run the clinic. It
runs seamlessly with these volunteers because they have been here every
day, all day and then some. This is the right way to compensate them and this
is a way for accountability. It is worth it.
Councilmember Davis stated he fully supports the program, and understands
the workload and understands this is a one up situation, but this is a potential
pitfall going forward combining volunteers and temporary employees.
Mayor Gutierrez stated he appreciates the volunteers and service to the
community and very much appreciated. It is very hard to explain how we feel
about you stepping up. We do need the consistency in running the clinics.
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Moved by Councilmember Mark Davis, seconded by Councilmember
Rosemary Scott to approve Resolution No. 21 -R -27.
AYE: Mayor Pro -Tem Jill Whittaker, Councilmember Mark Davis,
Councilmember Rosemary Scott, Councilmember Michael
Dahle, Councilmember David Scagliola, Councilmember
Allison Heyward, Councilmember Tim Brown
Passed
8. Ordinance No. 21 -C -09 — Consideration and /or action approving an
Ordinance by the City Council of The City of Schertz, Texas amending The
Code Of Ordinances of the City of Schertz Chapter 30, Fire Prevention And
Protection by amending existing International Codes and adopting New
International Codes; Providing for a period of compliance for certain
provisions; Providing for severability; Providing for a fine of not more than
five hundred dollars ($500.00) for each offense unless said violation is a
violation of a regulation governing; fire safety, public health and sanitation;
then by a fine of not more than two thousand dollars ($2,000.00) for each
offense. Final Reading (C. Kelm /K. Long)
Mayor Gutierrez recognized Fire Chief Kade Long who introduced this item
stating that since the first reading the proposed changes have been made
which will resolve problems and issues brought up this evening. The
changes included:
Recommended Change for Section 1103.5.1 (Section 2):
FROM: "having an occupant load of 300 or more"
TO: "identified as a Night Club as defined by Schertz UDC and having an
occupant load of 300 or more"
Recommended Change Section 903.2:
FROM: "firewall" AND `Building"
TO: "separation/barrier" AND "Residential "
Possible Section 2: Those existing structures affected by the requirement
established by thru the adoption of Fire Code Section 1103.5.1 Group A -2
which will require that, where alcoholic beverages are consumed in a Group
A -2 occupancy identified as a Night Club as defined by Schertz UDC and
having an occupant load of 300 or more, the fire area containing the Group
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A -2 occupancy shall be equipped with an automatic sprinkler system in
accordance with Section 903.3.1.1; shall be allowed three (3) years to achieve
compliance or seek an applicable variance, from the effective date of this
ordinance.
Possible 903.2: An automatic sprinkler system shall be installed throughout
all levels of any new Group A (Assembly), B (Business), E (Educational), F
(Factory), H (Hazardous), I (Institutional), M (Mercantile), and S (Storage)
occupancies of more than 10,000 square feet or where the combined floor
area on all floors, including mezzanines exceeds 10,000 square feet, and
throughout all R -3 (Residential) occupancies of more than 5,000 square feet
or more than two stories in height. The calculated area shall include all
occupied space and exclude garage if separated from the resident and its attic
space by fire separation/barrier (according to International Residential
Code-2018 ED.) and also exclude any detached building. Requirements of
this section shall apply to existing buildings if there is a change of occupancy
type /use, an increase in square footage /occupant load that exceeds section
requirements or a remodel /renovation involving more than 25% of the
building.
Mayor Gutierrez recognized the following:
Councilmember Scott who thanked staff, it was a nice surprise. It takes care
of the problems that were discussed at the last meeting.
Mayor Pro -Tem Whittaker stated this resolves the issues and feels
comfortable with the change. She asked Chief Long on how this information
will get out. In answer Chief Long stated the information will be available on
the website and available when vendors come in to pull permits and will send
out to builders.
Councilmember Heyward thanked staff for looking into something that will
save the VFW and Knights of Columbus/Mikulski Hall.
Councilmember Scagliola stated that when he approved this on first reading,
he was hoping that would not cause hardships on our businesses.
Councilmember Dahle thanked staff for finding a solution to the two (2) great
organizations, so it would not have a negative impact on these businesses.
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Councilmember Davis asked what is the definition difference between a
nightclub, tavern and a bar. In answer, Night club has a large dance floor is
the primary difference of those businesses.
A motion was made by Councilmember Dahle to approve Ordinance No.
21 -C -90, Mayor recognized Chief Long who suggested amending the motion
to approve with the adjusted changes.
*Councilmember Rosemary Scott left the dais and was unavailable for the
vote.
Moved by Councilmember Michael Dahle, seconded by
Councilmember David Scagliola to approve Ordinance No. 21 -C -09
with changes noted on final reading.
AYE: Mayor Pro -Tem Jill Whittaker, Councilmember Mark Davis,
Councilmember Michael Dahle, Councilmember David
Scagliola, Councilmember Allison Heyward, Councilmember
Tim Brown
Other: Councilmember Rosemary Scott (ABSENT)
Passed
13. Resolution No. 21 -R -19 - Consideration and/or action approving a
Resolution by the City Council of the City of Schertz, Texas authorizing a
contract for bank depository services between the City of Schertz and Schertz
Bank and Trust. (M. Browne/B. James /J. Walters)
Mayor Gutierrez recognized Finance Director James Walters who introduced
this item stating currently Schertz Bank & Trust is the City depository. The
existing depository contract was for a three -year term with two one -year
renewal options. On January 14, 2021, three banks submitted proposals to the
City.
The three banks are Schertz Bank and Trust, Frost Bank, and First United.
The proposals were evaluated based on the following criteria: Customer
Service, Financial Cost/Benefit, Banking History & Financial Strength, and
Performance. The bank depository proposals were reviewed by a selection
committee made up of staff members that have regular contact with the
depository. They represented areas including accounts payable, accounts
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receivable, account reconciliation, special agreement execution between the
City and a Customer, and investments.
Based on the evaluation criteria the selection committee unanimously to
recommend Schertz Bank & Trust to continue providing depository services
to the City. This agreement can be terminated at anytime during the contract
period. Upon termination or completion of the contract terms, the City will
put another request for proposals to evaluate depositories for a new contract.
Staff recommends approval of Resolution 21 -R -19 to engage in a depository
contract with Schertz Bank and Trust for a 3 year term with an 2 additional 1
year extension options.
Mayor Gutierrez recognized the following:
Councilmember Davis who stated he has concerns over the internal city
processes and the evaluation summary. Important factors of a Depository:
What interest is paid to the city accounts? What costs does the city incur?
Councilmember Davis asked how does 40 points of 100 for customer service,
don't understand how customer service plays into it at that degree.
Finance Director James Walters stated customer service is important to
handle problems immediately and how responsive they are. Davis says it is
difficult to gage customer service of a bank we do not do business with. With
Frost Bank, our POC is not even in the same branch. There is nobody at the
branch that could handle our issues in a day vs. having the problem sent out.
Councilmember Davis stated he would like a reassessment of our evaluation
table and see financial benefit (interest rates and fees) should be rated higher
rather than 20% weighted value as it is now. Have Audit Committee and our
Council members have a say in the bid process for the bank depository
services.
Mayor Gutierrez brought up interesting points, on using local businesses for
future RFP's.
Councilmember Scott state she understands both sides of customer service
and great interest rates, and sometimes you need good service immediately.
Question: Is the maintenance of $500,000 combined average balance is that
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reasonable. In answer, Mr. Walters stated he believes we need to only have
$500,000 in the bank to waive the fees.
Councilmember Brown stated Schertz Bank is still number one,
Councilmember Davis state he has no problem with the banks who bid, but
what value are we getting interest rate and what fees we are getting charged.
Mayor Pro -Tem Whittaker stated she agrees weighting the customer service
as high could be skewed as using it to get the decision you want.
Moved by Councilmember Allison Heyward, seconded by
Councilmember Rosemary Scott to approve Resolution No. 21 -R -19.
AYE: Mayor Pro -Tem Jill Whittaker, Councilmember Mark Davis,
Councilmember Rosemary Scott, Councilmember Michael
Dahle, Councilmember David Scagliola, Councilmember
Allison Heyward, Councilmember Tim Brown
Passed
14. Resolution 21 -R -25 - Consideration and /or action approving a Resolution
by the City Council of the City of Schertz authorizing the City Manager to
amend the Design -Build Agreement with F.A. Nunnelly for the Fleet
Maintenance Building Project and other matters in connection therewith.
(C. Kelm /S. Williams /S. McClelland)
Mayor Gutierrez recognized Jennifer Black with Sledge Engineering who
provided a brief PowerPoint on the proposed scope of work regarding
Building 27 - Commercial Place renovations into a state of the art Fleet
Maintenance Building. The renovations to the building include creation
of office spaces, fleet shop area, and sign shop.
Goal is to award Guaranteed Maximum Price (GMP) in the amount of
$1,372,794 to FA Nunnelly for construction of the renovations of Building
27. Having a dedicated fleet maintenance building allows the City to
effectively and efficiently maintain, service, and repair the City's Fleet
Vehicles. Having this space will reduce the amount of money spent on
third -party repairs such as dealerships and will increase the overall life
expectancy of the City's Fleet. Staff recommends approval.
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Moved by Councilmember David Scagliola, seconded by
Councilmember Allison Heyward to approve Resolution No. 21 -R -25.
AYE: Mayor Pro -Tem Jill Whittaker, Councilmember Mark Davis,
Councilmember Rosemary Scott, Councilmember Michael
Dahle, Councilmember David Scagliola, Councilmember
Allison Heyward, Councilmember Tim Brown
Passed
15. City of Schertz Mask Policy - Discussion and action regarding current
mask policy in the City of Schertz and request guidance on extending the
current policy to May 4, 2021. (M. Browne /C. Kehn/K. Long)
Mayor Gutierrez recognized Fire Chief Kade Long and City Manager Dr.
Mark Browne who discussed the current mask policy. City Council
discussed and staff received unanimous direction regarding an update to
our City's Mask Policy. Effective Wednesday, City Staff and customers
visiting our facilities will not be required to wear a mask when coming
onto City property EXCEPT for the following buildings - Library, Senior
Center and the Vaccine Clinics at the Civic Center. Additionally, we will
stop doing the daily temperature checks except for these specific facilities.
We will still follow social distance practices and we continue to encourage
good hygiene practices (hand washing, covering mouth when sneezing,
etc.).
The rationale for this change is that there are only 16 cases of COVID in
Schertz at the current time, hospitalization rates are low and have been
low for several weeks (current hospitalization rate for San Antonio area
for COVID is 3.4 %). Similarly, testing rates are also low (latest numbers
are 5% for molecular and 2% for Antigen testing). The numbers support
this change. Most employees are either vaccinated or have had the
opportunity to be vaccinated. We plan to reevaluate how things are in 30
days and will provide an update at that time.
Public Hearings
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16. Ordinance No. 21 -S -11 - Conduct a Public Hearing and consideration
and/or action on a request to rezone approximately 25 acres of land from
General Business District (GB) and General Business II District (GB -2) to
General Business II District (GB -2), generally located north -east of the
intersection of FM 3009 and FM 78, also known as 200 FM 3009, also
known as Guadalupe County Property Identification Numbers 153960,
164035, 67453, City of Schertz, Guadalupe County, Texas. (B. James/L.
Wood/E. Delgado) First Reading
Mayor Gutierrez recognized Senior Planner Emily Delgado who
introduced this item stating the applicant is requesting to rezone
approximately 25 acres of land from General Business District (GB) and
General Business II District (GB -2) to entirely General Business II
District (GB -2).
The requested zoning to all General Business II District (GB -2) is desired
to create a cohesive zoning for the entire property rather than the current
split in zoning. Additionally, the requested Specific Use Permit, is for the
same approximately 25 acres with the desire to have the land use
Mini - Warehouse / Public Storage, as it would be an approved use for the
entire property since the majority is already developed as such.
Although, the requested zoning of General Business II District (GB -2) is
not consistent with the current designation on the Comprehensive Land
Use Plan, it is consistent with the existing business and the proposed
business expansion and should have a minimal impact to the surrounding
properties and public infrastructure. In addition, the requested zoning will
make the zoning for this entire property consistent rather than having the
property have split zoning, with the middle being General Business II
District (GB -2) and the front and rear of the property being General
Business District. The property has been utilized for mini - warehouse /
public storage since at least 2002, however per the County records could
be as early as 1995. The requested zone change and the associated
Specific Use Permit if approved would bring the property into a legal
conforming land use status and would allow the business to expand
as desired.This item was heard at the March 10, 2021, Planning and
Zoning Commission meeting, in which the Commission provided
a unanimous recommendation of approval of the zone change. Staff
recommends approval of the zone change request to rezone approximately
25 acres of land to General Business II District (GB -2).
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Mayor Gutierrez opened the public hearing and as no one spoke; closed
the public hearing for Council comments. No comments from Council.
Moved by Councilmember David Scagliola, seconded by
Councilmember Allison Heyward to approve Ordinance No. 21 -S -11
on first reading.
AYE: Mayor Pro -Tem Jill Whittaker, Councilmember Mark Davis,
Councilmember Rosemary Scott, Councilmember Michael
Dahle, Councilmember David Scagliola, Councilmember
Allison Heyward, Councilmember Tim Brown
Passed
17. Ordinance No. 21 -S -12 - Conduct a public hearing and consideration
and /or action on a request for a Specific Use Permit to allow
Mini - Warehouse / Public Storage on approximately 25 acres of land
generally located north -east of the intersection of FM 3009 and FM 78,
also known as 200 FM 3009, also known as Guadalupe County Property
Identification Numbers 153960, 1640353, 67453, City of Schertz,
Guadalupe County, Texas. (B. James /L. Wood/E. Delgado) First Reading
Mayor Gutierrez recognized Senior Planner Emily Delgado who
introduced this item stating the applicant is requesting approval of a
Specific Use Permit for approximately 25 acres in. order to allow the land
use Mini - Warehouse / Public Storage by right. The property is currently
developed as the Lockaway Storage mini - warehouse / public storage
business located at the intersection of FM 3009 and FM 78.In conjunction
with the Specific Use Permit request, the applicant has also submitted a
zone change request to rezone the 25 acres to General Business II District
(GB -2). The requested zoning along with the Specific Use Permit, if
approved would allow the Mini - Warehouse / Public Storage land use by
right, and the site would no longer be considered non - conforming.
The subject property is currently developed as a mini - warehouse / public
storage business, Lockaway Storage and is proposed to be expanded to the
rear of the existing business. The subject property is adjacent to
undeveloped land, a previous landfill, right of way, railroad and a small
portion of single - family residential / agricultural property.
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The proposed expansion includes two new buildings for a total of 81,079
square feet of climate controlled office and indoor mini - warehouse /
public storage and additional outdoor public storage area designed
for additional RV storage on site.
Staff is recommending approval of the Specific Use Permit to allow the
approximately 25 acres to be a mini- warehouse / public storage with the
following conditions:a) A building permit is approved within one year of
the adoption of the SUP ordinance; and b) The use beings operation within
two years of the issuance of the necessary building permit(s).
Mayor Gutierrez opened the public hearing and as no one spoke; closed
the public hearing for Council comments. No comments from Council.
Moved by Councilmember Allison Heyward, seconded by
Councilmember Tim Brown to approve Ordinance No. 21 -5 -12 on first
reading.
AYE: Mayor Pro -Tem Jill Whittaker, Councilmember Mark Davis,
Councilmember Rosemary Scott, Councilmember Michael
Dahle, Councilmember David Scagliola, Councilmember
Allison Heyward, Councilmember Tim Brown
Passed
18. Resolution No. 21 -R -22 Conduct a public hearing, consideration and /or
action approving a resolution accepting a petition for voluntary annexation
of approximately 35.5 acres of land generally located approximately 4,000
feet southeast of the intersection between FM 1518 and Lower Seguin
Road, also known as Bexar County Property Identification Numbers
310024 and 310031, Bexar County, Texas. (B. James/ L. Wood/ N.
Koplyay)
Mayor Gutierrez recognized Senior Planner Nick Koplyay who
introduced this item stating the property owners are requesting voluntary
annexation into the City of Schertz, because they want the subject
property to be located within the Schertz City limits in order to zone the
land Planned Development District (PDD) and develop it as a
single - family residential subdivision.
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Upon City Council accepting the petition for voluntary annexation of the
approximately 3 5.5 acres, the property owners would be able to initiate the
annexation and zone change processes for the subject property. The
adoption of this resolution does not annex the subject property into the
City, but allows for City Council to annex the property by ordinance in the
future. A subsequent ordinance for annexation must be approved by City
Council in order to annex the property into the City, which is tentatively
scheduled to be heard at the May 4, 2021 City Council meeting. The
property owners are also requesting to zone the subject property to
Planned Development District (PDD) following City Council approval of
the annexation ordinance. Staff recommends approval.
Mayor Gutierrez opened the public hearing and as no one spoke; closed
the public hearing for Council comments. No comments from Council.
Moved by Mayor Pro -Tem Jill Whittaker, seconded by Councilmember
Michael Dahle to approve Resolution No. 21 -R -22.
AYE: Mayor Pro -Tem Jill Whittaker, Councilmember Mark Davis,
Councilmember Rosemary Scott, Councilmember Michael
Dahle, Councilmember David Scagliola, Councilmember
Allison Heyward, Councilmember Tim Brown
Passed
Roll Call Vote Confirmation
Mayor Gutierrez recognized Deputy City Secretary Sheila Edmondson who
provided the roll call vote confirmation for agenda items 1 through 18.
Workshop
19. Workshop Discussion and Update (Ordinance 20 -H -18) - Discussion and
update regarding the COVID -19 virus and our current Ordinance No. 20 -H -18 Declaration of
Local Disaster. (M. Browne/K. Long /S. Hall)
Mayor Gutierrez recognized Emergency Management Coordinator Summar Hall who
provided the following updated information:
Vaccination update
Vaccination Clinic April 8th & 9th
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-Thursday, April 8th: Janssen Single Dose — 1,000 doses
-Friday, April 9th: Pfizer 2nd Dose —1,170 doses
Vaccination Clinic April 15th
-Thursday, April 15th: Pfizer 2nd Dose — 1,500 doses
Guadalupe County Vaccine Data
-Allocated — 66,275 doses
-Administered — 5 8, 13 5 doses
-People vaccinated with at least one dose — 371,080
-People fully vaccinated — 25,583
Current Numbers for Guadalupe, Comal and Bexar Counties:
Guadalupe
Comal
Bexar
Confirmed 101,539
5,165
174,550
Probable Cases 3,453
49599
335,399
Fatalities 207
286
31360
Active Cases 105
193
43,018
Recovered Cases 13,659
9,238
200,571
Active cases for Guadalupe County and SCUCISD
State Disaster Declaration
April 5, 2021
— Governor Abbott extended State Disaster Declaration for additional
30 days.
—City of Schertz's declaration follows State
Closed Session
Mayor Gutierrez recessed the regular meeting into Closed Session at 9:05 p.m.
and read the following items into record.
20. The 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
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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 -065
21. The City Council will meet in Closed Session in accordance with Section
551.071 of the Texas Government Code to consult with legal counsel
regarding issues related to the JBSA -AACOG ILA task order process.
Reconvene into Regular Session
Mayor Gutierrez reconvened back into regular session at 9:40 p.m., and stated
Council met on item 20, 9:10 p.m. to 9:24 p.m., and on item 21, 9:25 p.m. to 9:35
p.m.
20a. Take any action based on discussions held in closed session under
Agenda Item 20. No action was taken.
21a. Take any action based on discussions held in closed session under
Agenda Item 21. No action taken.
Roll Call Vote Confirmation
No roll call vote confirmation as no action was taken in closed session.
Requests and Announcements
• Announcements by the City Manager.
No further announcements.
• Requests by Mayor and Councilmembers for updates or information from
staff.
None at this time.
• Requests by Mayor and Councilmembers that items or presentations be
placed on a future City Council agenda.
Mayor Gutierrez recognized Mayor Pro -Tem Whittaker who requested item
be placed on a future agenda to review and discuss the Tree Mitigation
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Ordinance.
• 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
4, Recognition of actions by community volunteers
Mayor Gutierrez recognized the following:
Mayor Pro -Tem Whittaker who stated she attended the following:
• Ribbon Cutting for On the Grind
• PreBudget Workshop retreat
• William King Cole Session 2 training
Various vaccine clinics
Councilmember Davis who stated he attended the following:
• PreBudget Workshop retreat
Councilmember Scott who stated she attended the following:
• PreBudget Workshop retreat
Councilmember Dahle who stated he attended the following:
• PreBudget Workshop retreat
Councilmember Scagliola who stated he attended the following:
• PreBudget Workshop retreat
• On the Grind ribbon cutting event
Councilmember Heyward who stated she attended the following:
• TMRS Budget meeting
• Moving on Main event meeting
Food drive in Cibolo
• PreBudget Workshop retreat
On the Grind ribbon cutting event
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Councilmember Browne who stated he attended the following:
PreBudget Workshop retreat
Adjournment
Mayor Gutierrez adjourned the meeting at 9:46 p.m.
:,�%
Mayor
►` .►
ATTEST:
Brenda Dennis, City Secretary
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