06-22-2021 MinutesMINUTES
REGULAR MEETING
June 22, 2021
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas,
on June 22, 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 Michael Dahle; Councilmember David Scagliola;
Councilmember Allison Heyward; Councilmember Tim Brown
Absent: Councilmember Rosemary Scott
City City Manager Dr. Mark Browne; Assistant City Manager Brian James;
Staff. Assistant City Manager Charles Kelm; City Attorney Daniel Santee; Assistant
to the City Manager Sarah Gonzalez; City Secretary Brenda Dennis; Deputy
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 Brown)
Mayor Gutierrez recognized Councilmember Brown who provided the opening prayer
followed by the Pledges of Allegiance to the Flags of the United States and State of
Texas.
Presentations
* Sweetheart Court Presentation - Introduction of the FY21 -22 Sweetheart
Court. (L. Shrum/M. Spence)
Mayor Gutierrez recognized Events Manager Mary Spence who introduced the
following FY21 -22 Sweetheart Court members:
Miss Schertz, Olivia Coats
Miss Jubilee, Reagan Cabe
Miss Friendly City, Hailey Skorbarcek
Miss Sunshine, Nina Guastafierro
Mayor Gutierrez thanked the Sweetheart Court for being Ambassadors for the
City.
City Events and Announcements
* Announcements of upcoming City Events (B. James /C. Kelm /S. Gonzalez)
Mayor Gutierrez recognized Assistant to the City Manager Sarah Gonzalez who
provided the following information:
Saturday, June 26th
Music & Movies in the Park
Pickrell Park, 703 Oak Street
Music-- Carbonlily, 7:00 PM
Movie -- "Dirty Dancing ", 8:30 PM
Thursday, July 1st
Joint Council Workshop with Housing Authority Board
Council Chambers
8:30 AM -10:30 AM
Thursday, July 1st
July is Parks and Recreation Month and Parks will be hosting free Popsicle
Parties every Thursday at a different park in the month of July.
The first one will be held at Ashley Park on Thursday, July 1 st
6:00 PM — 7:00 PM
Friday, July 2nd
Project Flag Line
Volunteers and staff assist in placing flags along Schertz Parkway
Volunteers will meet on Friday, July 2nd in the parking lot adjacent to the Johnie
McDow Sports Complex (in front of the Civic Center) at 955 Community Circle
Drive at 7:00 AM. Small groups of up to 5 people will be assigned a section of
Schertz Parkway. At 7:15 AM, groups will drive to their assigned locations then
place flags along the parkway. Volunteers are asked to bring their own safety
vest, wagon for supplies, and a hammer or mallet if possible. Volunteers are
asked to register on CivicRec. If anyone has trouble with creating an account or
registering, they can contact Michelle Yang at 619-1635,
Sunday, July 4th
Let Freedom Run 5K begins at 9:15 AM
Schertz Parkway
Jubilee Patriotic Fun in 2021! Parade begins at 9:30 AM
Schertz Parkway
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4th of July Jubilee
Pickrell Park
Kids Carnival opens at 11:00 AM
Family Zone/Food Vendors begin at 5:00 PM
Live Music begins at 6:00 PM
Fireworks begin at 9:15 PM
Monday, July 5th
City Office Closed in observance of July 4th Holiday
Tuesday, July 6th
Next regular scheduled Council meeting
Friday, July 9th
Joint Workshop with City Council and Planning & Zoning
City Council Chambers
8:30 AM
November 2nd
The City of Schertz will be holding its General Election on November 2, 2021,
for the purpose of electing Council Members in Place 6 and Place 7 for a
three -year term, from November 2021 to November 2024. Any candidate
desiring to have his or her name on the Official Ballot shall file with the City
Secretary an application in writing in the form prescribed by the Texas Election
Code declaring themselves a candidate. The filing date is no sooner than July 17,
2021, (but since the 17th falls on a Saturday and City offices are closed) the date
moves to Monday, July 19, 2021, and no later than Monday, August 16, 2021,
by 5:00 p.m. Qualifications for Candidacy can be found online
at www.schertz.com as well as in the Candidate packet. Candidate packets are
also available in the City Secretary's Office.
Announcements by the City Manager (M. Browne)
No announcements were provided.
Announcements and recognitions by the Mayor (R. Gutierrez)
No announcements were provided.
Hearing of Residents
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
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portion of the agenda, will call on those persons who have signed up to speak in the
order they have registered.
No one signed up to speak.
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 June 8, 2021 and the minutes of the Special meeting
of June 15, 2021. (B. Dennis)
2. Resolution No. 21 -R -55 - Consideration and/or action approving a
Resolution authorizing a Community Development Block Grant Program
Cooperative Agreement with Bexar County, and other matters in connection
therewith. (M. Browne/B. James/B. Dennis)
3. Boards, Commission and Committee Appointments - Consideration and /or
action appointing Dr. Susan Raiford to the Historical Preservation
Committee. (B. Dennis/Mayor- Council)
4. Resolution 21 -R -56 - Consideration and /or action approving a Resolution by
the City Council of the City of Schertz, Texas approving and authorizing a
right of way easement with Guadalupe Valley Electric Cooperative, Inc. on
the City of Schertz 27 Commercial Place property, and other matters in
connection therewith. (C. Kelm /S. Williams /S. McClelland)
5. Ordinance No. 21 -S -20 - Consideration and/or action approving an
Ordinance by the City Council of the City of Schertz, Texas on a request to
rezone approximately 2 acres of land from General Business District (GB) to
General Business -2 (GB -2), generally located approximately 5,500 feet east
of the intersection between Schwab Road and IH -35 Access Road, 6420 IH
35, also known as Property ID 67796, City of Schertz, Comal County, Texas.
Final Reading (B. James/L. Wood/M. Harrison)
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6. Ordinance No. 21 -S -21 - Consideration and/or action approving an
Ordinance by the City Council of the City of Schertz, Texas on a request to
rezone approximately 6 acres of land from General Business District (GB)
and Manufacturing Light District (M -1) to General Business (GB) and
Manufacturing Light District (M -1), generally located approximately 2,000
feet west of the intersection between FM 2252 and I11-35, also known as
Comal County Property Identification Number 78020, City of Schertz, Comal
County, Texas. Final Reading (B. James/L. Wood/M. Harrison)
7. Ordinance No. 21 -S -22 - Consideration and/or action approving an
Ordinance by the City Council of the City of Schertz, Texas on a request to
rezone approximately 61 acres of land from General Business District (GB),
Single - Family Residential/ Agricultural Distrist (R -A), and Planning
Development District (PDD) to Planned Development District (PDD), located
at 9661 E FM 1518N, 10105 E FM 1518N, and 7901 E FM 1518N, also
known as Bexar County Property Identification Number 309889, 309923, and
10587615 City of Schertz, Bexar County, Texas. Final Reading (B. James/L.
Wood/1\4. Harrison)
8. Ordinance No. 21 -T -25 - Consideration and /or action approving an
Ordinance by the City Council of the City of Schertz Texas, authorizing an
adjustment to the Fiscal Year 2020 -2021 Budget to provide funding for Civic
Center chairs, repealing all ordinances or parts of ordinances in conflict with
this ordinance; and providing an effective date. Final Reading (S. Gonzalez/
L. Klepper)
9. Ordinance No. 21 -H -24 - Consideration and /or action approving an
Ordinance of the City of Schertz to amend Ordinance 20 -H -18 to establish an
expiration date for the Declaration of Local Disaster to June 22, 2021 at 11:59
PM. Final Reading (M. Browne /C. Kelm/K. Long /S. Hall)
10. Resolution No. 21 -R -57 - 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)
11. Resolution 21 -R -58 - Consideration and /or action approving a Resolution by
the City Council of the City of Schertz authorizing the City Manager to enter
into an agreement with DAC, Inc. of New Braunfels, Texas, for the
installation of the security systems as part of the Fleet Maintenance Building
Project and other matters in connection therewith. (C. Kelm /S. Williams /S.
McClelland)
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Mayor Gutierrez asked Council if there were any items they wished removed
for separate action. Mayor Gutierrez recognized Councilmember Davis who
asked that agenda Item 10 be removed for, separate action. Mayor Gutierrez
called for a motion to approve consent agenda items 1 through 9 and agenda
item 11.
Moved by Councilmember Allison Heyward, seconded by
Councilmember Michael Dahle to approve consent agenda items 1 through
9 and agenda item 11.
AYE: Mayor Pro -Tem Jill Whittaker, Councilmember Mark Davis,
Councilmember Michael Dahle, Councilmember David Scagliola,
Councilmember Allison Heyward, Councilmember Tim Brown
Passed
Discussion and Action
10. Resolution No. 21 -R -57 - 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)
Mayor Gutierrez recognized Councilmember Davis who stated that he just wanted to
make sure that when we had the workshop regarding the American Rescue Plan, that
the funds we received from the Federal Government, that we are adequately looking
at the categories of the revenue adjustments (1) Utility billing; (2) EMS billing. His
question was there should be some of those accounts where someone has not paid due
to the recent pandemic and that should be an easy corelation to move some of the
funds as lost revenues to the City. He can not see why some would not qualify. In
answer, Finance Director James Walter stated those are lost revenues and per
Council's direction, we are looking into those and getting a dollar amount related to
the outstanding Utility and EMS bills. He stated what information Council has before
them tonight are write -offs, it's an accounting procedure for accounts greater than 180
days. We will never get those, so any action tonight won't affect what we bring
forward to you regarding lost revenue.
Moved by Councilmember Mark Davis, seconded by Councilmember
Allison Heyward to approve Resolution No. 21 -R -57.
G
AYE: Mayor Pro -Tem Jill Whittaker, Councilmember Mark Davis,
Councilmember Michael Dahle, Councilmember David Scagliola,
Councilmember Allison Heyward, Councilmember Tim Brown
Passed
Public Hearings
Mayor Gutierrez read the following item into record:
12. Ordinance No. 21 -S -26- Conduct a public hearing, consideration and /or
action approving an Ordinance by the City Council of the City of Schertz,
Texas on a request to amend Part III, Schertz Code of Ordinances, Unified
Development Code (UDC), specifically for subsections within Articles 5, 9
and 14 in order to establish a new zoning district, Main Street Mixed Use -
New Development (MSMU -ND). (First Reading) (B. James/ L. Wood/E.
Delgado)
Mayor Gutierrez recognized Senior Planner Emily Delgado who introduced
this item stating based on recent communications with property owners and
developers interested in revitalizing and redeveloping properties along Main
Street, that are facing difficulties in complying with the current Main Street
Mixed -Use zoning district, staff feels that the creation of a new zoning district
is the most appropriate solution. The proposed zoning district and UDC
amendments will allow greater flexibility and achieve the desired goals for
the redevelopment and new construction to occur on Main Street.
By creating flexibility in landscaping and screening not only for MSMU -ND
but also incorporating the changes for MSMU will truly allow the properties
to be able to convert from residential to commercial and vice versa without
the requirement to install an eight -foot masonry wall or the twenty -foot
landscape buffer. Additionally, the proposed modifications to parking and
setbacks will allow for greater flexibility for developing properties on Main
Street.
The Planning and Zoning Commission offered a recommendation of approval
with a vote of 7 -0, with changes to two sections of the proposed UDC
amendments which were discussed during the meeting. These changes
included adding additional clarity for which subsections within UDC Article
14, Section 21.14.3 are not applicable to the Main Street Mixed Use -New
Development (MSMU -ND) zoning district and to add additional square
footage scales in relation to required parking for Main Street Mixed Use- New
Development (MSMU -ND). Both of these changes were incorporated into the
proposed amendments included within this ordinance.
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Staff recommends approval of Ordinance 21 -S -26, the proposed amendments
to the Unified Development Code (UDC) for the indicated subsections within
Article 5, 9, and 14 as presented.
Mayor Gutierrez opened the public hearing, and as no one spoke; closed the
public hearing for Council comments. Ms. Delgado addressed questions from
Council regarding minimum offset, and the uses. Mayor Pro -Tem Whittaker
asked why a pet shop was not listed as a use, Councilmember Davis
addressed concerns regarding a dance hall & nightclub uses.
Mayor Gutierrez recognized Councilmember Davis who moved to approve
Ordinance 21 -S -26 and was seconded by Councilmember Heyward. The
Mayor asked if that included the modification of the pet store and the bar and
dance hall? Councilmember Davis amended his motion.
Moved by Councilmember Mark Davis, seconded by Councilmember
Michael Dahle to approve Ordinance No. 21 -S -26 with an approved usage
of a pet store and a special use permit requirement for a dance hall.
AYE: Mayor Pro -Tem Jill Whittaker, Councilmember Mark Davis,
Councilmember Michael Dahle, Councilmember Tim Brown
NAY: Councilmember David Scagliola, Councilmember Allison
Heyward
Passed
Roll Call Vote Confirmation
Mayor Gutierrez recognized City Secretary Brenda Dennis who provided the roll call
vote confirmation for agenda items 1 through 12.
Requests and Announcements
# Announcements by the City Manager.
City Manager Dr. Mark Browne asked for guidance and clarification from the
City Council regarding the placement of a City Ordinance's Final Reading when
it did not receive a unanimous vote on the First Reading.
Mayor Ralph Gutierrez requested that this discussion be added to the July 6,
2021 City Council Agenda for discussion.
Dr. Browned mentioned to Council that he will be out of the office Thursday and
Friday.
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• Requests by Mayor and Councilmembers for updates or information from staff.
Councilmember David Scagliola asked if the discussion about the name change
of Gutierrez Park was in fact a name change or change in the type of park. He
asked for clarification and if this discussion was going to be sent to the Parks and
Recreation Advisory Board to be discussed and brought back to Council with
a recommendation. Mayor Gutierrez confirmed this item will be sent to Parks
and Recreation Advisory Board for discussion and recommendation.
• Requests by Mayor and Councilmembers that items or presentations 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
Mayor Pro -Tem Whittaker
• 12th Flying Training Wing MAC Luncheon -RAFB
• Northeast Partnership Meeting
• Council on the Go Meeting- June 15, 2021
• American Rescue Plan Workshop
• The Chamber Ribbon Cutting Ceremonies for: RentWerx and Sister
Rivers Realty
• Covid -19 Vaccine Clinic Volunteer -Thank You Luncheon
• CVLGC Joint City - Schertz /Cibolo Workshop Meeting
Councilmember Davis
*American Rescue Plan Workshop
• CVLGC Joint City - Schertz /Cibolo Workshop Meeting
• Main Street Committee Meeting
Councilmember Dahle
The Chamber Luncheon
• Council on the Go Meeting- June 15,
• American Rescue Plan Workshop
• CVLGC Joint City- Schertz/Cibolo Workshop Meeting
Councilmember Scagliola
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. The Chamber Luncheon
• The Chamber Mixer
• CVLGC Joint City- Schertz/Cibolo Workshop Meeting
Councilmember Heyward
* 12th Flying Training Wing MAC Luncheon -RAFB
• Northeast Partnership Meeting
AACOG Elected Official Workshop Webinar
• Ceremonial Check Presentation with Representative Vicente Gonzalez
* Main Street Committee Meeting
e American Rescue Plan Workshop
• Two - webinars- Facebook and Instagram for Government Entities
• TML Legislative Wrap -up
e CVLGC Joint City - Schertz /Cibolo Workshop Meeting
Councilmember Brown
Main Street Committee Meeting
American Rescue Plan Workshop
CVLGC Joint City- Schertz/Cibolo Workshop Meeting
Mayor Gutierrez thanked all the volunteers who worked at the Covid -19
Shot Clinics.
Adjournment
Mayor Gutierrez adjourned the meeting at 6:44 p.m.
ATTEST:
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renda Dennis, City Secretary
�9$khtieffez, Mayor
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