10-12-2021 MinutesMINUTES
REGULAR MEETING
October 12, 2021
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas,
on October 12, 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 -Tern Michael Dahle; Councilmember Mark
Davis; Councilmember Rosemary Scott; Councilmember Jill Whittaker;
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;
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 Whittaker who provided the opening
prayer followed by the Pledges of Allegiance to the Flags of the United States and the
State of Texas.
Presentations
• Proclamation recognizing Mr. Ken Greenwald former City Councilmember
and Planning and Zoning Commissioner. (Mayor)
Mayor Gutierrez recognized Ms. Thelma Greenwald and Mr. Kenneth Greenwald
and presented a proclamation recognizing Mr. Ken Greenwald's 42 years of
volunteer service to the City of Schertz, SSLGC, and CCMA Board of Directors.
Proclamation recognizing Domestic Violence Awareness Month. (Mayor/K.
Chandler /Hanna Fisher -Klug)
Mayor Gutierrez recognized Ms. Hanna Fisher -Klug- Community Engagement
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Specialist - Guadalupe Valley Family Violence Shelter, Krista Chandler -Crime
Victim Liaison, Officer Anna Kraft and presented a proclamation recognizing
October as Domestic Violence Awareness Month.
Employee Recognition
+� 20 Year Service Recognition to Mr. Dudley Wait - EMS. (M. Browne) is
scheduled for the November 9, 2021 City Council Meeting.
New Employee Recognition
Mayor Gutierrez recognized the following Department Heads who introduced their
new employees.
* EMS - Amber Cockrum - EMS Billing Specialist; Sean Hilla, Miranda Horak,
John Mays- Thompson, Austin Redman, Nick Romero - EMT's; Darienn Trotter -
Paramedic
* PD - Krista Chandler - Crime Victim Liaison; Animal Control: Jaralynne Biggs -
Animal Services Technician, Ashley Evans - Animal Services Officer
* Public Works - John Woolston - Facilities Manager; Raymond Garcia, Benjimin
Rantz, Brandon Eskildsen, Juan Zamarripa, Caleb Fisher - Service Worker I
City Events and Announcements
Announcements of upcoming City Events (B. James /C. Kelm/S. Gonzalez)
Mayor Gutierrez recognized Assistant City Manager Charles Kelm who provided
the following informaiton on upcoming events.
Saturday, October 16th
Schertz Historical Preservation Car Show
Pickrell Park
9:00 AM — 4:00 PM
The Nature Discovery Series is back for Fall 2021 ! Get your little ones outdoors
to discover the exciting nature right in our own backyard. Kids are encouraged to
explore, discover, and ask questions to help grow their knowledge of nature. This
free program is designed for families with elementary -aged children, but older and
younger siblings are also welcome. Texas Master Naturalist volunteers will lead
the themed programs on the second Saturday of the month held at Crescent Bend
Nature Park. Class will begin at 10:00 a.m., but please arrive early and meet at the
first parking lot near the restroom building and the trailhead. Pre - register
on Schertz.com
Sunday, October 17th
Last Game of the Season! Fall 2021 Adult Kickball League (Ages 21 and up)
►FA
6:00 -10:00 PM
Tuesday, October 26th
Next regular scheduled Council meeting.
Saturday, October 30th
Drive -Thru Candy Cruise
2:00 -5:00 PM
The 'Drive -Thru' Candy Cruise will be open from 2:00 -5:00 p.m. on Saturday,
October 30, 2021. Families are encouraged to dress in costume and visit
participating businesses, groups, and City departments. Participating vendors will
have their 'trunk' outdoors to share their 'treats'. A map of participating vendors
will be available on October 25 on Schertz.com and on social media.
If you would like to have a station on the Candy Cruise, register
on CivicRec. There is no fee to participate. Options for businesses /organizations
with no storefront are available. If you have any questions, please call Schertz
Parks & Recreation at (210) 619 -1850 or email )arksandrec: :,a ;schertz.com. If you
would like to participate by donating candy, donation stations will be located at
the Schertz Family YMCA, Schertz Aquatics Center, City Hall, and The
Chamber.
Tuesday, 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. A Special Bond
Election will also be held on November 2, 2021, for or against the issuance of not
to exceed $15,450,000 of City of Schertz, Texas general obligation bonds for
public safety facilities (including a new fire station), and the levying of a tax in
payment thereof. A copy of the bond ordinance can be found
aWww.schertz.com - 2021 General & Special Election information. Early voting
by personal appearance will begin on October 18, 2021 and ends on October 29,
2021. Early voting locations will be posted on Schertz.com as well as Election
Day Vote Centers.
• Announcements and recognitions by the City Manager (M. Browne)
Mayor Gutierrez recognized City Manager Dr. Mark Browne who congratulated
the following employees for their recent promotions: Fire Department: Alex
Armstrong -FAO to Lieutenant, Fire Department: Dana Kellum - Firefighter to FAO.
o Announcements and recognitions by the Mayor (R. Gutierrez)
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No announcements were provided.
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.
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 residents:
Gary Inmon, SCUCISD Board Member- Mr. Inmon shared a personal story that
Mr. Ken Greenwald was the first person he met when he and his family moved to
Schertz. He also provided a personal history of his professional career and he is
currently a SCUCISD School Board Member. He stated that SCUCISD is a great
school district, and it attracts a lot of new residents, because the quality of the
schools.
Hanna Fisher -Klug- Guadalupe Valley Family Violence Shelter who spoke at the
presentation of the Domestic Violence Awareness Month Proclamation
presentation.
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 the following Items 1 -4 into record. Mayor Pro -Tem read the
following Items 5 -8 into record.
1. Minutes — Consideration and/or action regarding the approval of the minutes
of the meeting of September 28, 2021. (B. Dennis)
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2. Appointments and Resignations to the Various City Boards, Commissions
and Committees - Consideration and/or action accepting the resignations of
Mr. Rick Haynes from the Planning and Zoning Commission, and the
resignation of Ms. Kimberly Smith from the Parks Advisory Board. (B.
Dennis/Interview Committee /Council)
3. Resolution 21 -R -97 - Consideration and/or action approving a Resolution by
the City Council of the City of Schertz Texas authorizing the city staff to enter
into purchase negotiations with GBRA for 3.4096 acres of land located at
22330 IH -35 North in Schertz, Comal County, Texas. (C. Kelm/S. Williams /S.
Mayfield)
4. Resolution No. 21 -R -81 - Consideration and/or action approving a Resolution
by the City Council of the City of Schertz, Texas authorizing the City
Manager to execute a drainage easement with Schertz - Cibolo- Universal City
Independent School District for construction of drainage improvements on the
Samuel Clemens High School property by the Elbel Storm Drain and Overlay
Project. (B. James/K. Woodlee /J. Nowak)
5. Resolution No. 21 -R -113 — Consideration and/or action approving a
Resolution by the City Council of the City of Schertz, Texas, authorizing a
contract with Terracon Consultants, Inc. relating to the Aviation Heights Water
Line Improvements (Phases 5, 6, & 7) Project Construction Materials Testing
and Inspection and authorizing the budget expenditures for the project. (B.
James/K. Woodlee /J. Shortess)
6. Resolution No. 21 -R -114 - Consideration and/or action approving a
Resolution by the City Council of the City of Schertz, Texas accepting the
Semi - annual report with respect to the progress of the Capital Improvements
Plan, and other matters in connection therewith. (B. James/K. Woodlee)
7. Resolution No. 21 -R -112 - Consideration and/or action approving a
Resolution by the City Council of the City of Schertz, Texas, authorizing the
City Manager to issue a purchase order(s) for the purchase of various
Emergency Services Vehicles as part of the 2021 -2022 Vehicle/Equipment
replacement program. (C. Kelm/S. Williams /C. Hernandez)
8. Resolution No. 21 -R -108 - Consideration and/or action approving a
Resolution by the City Council of the City of Schertz, Texas, authorizing a
contract with Raba Kistner, Inc., for Construction Materials Observation and
Testing Services related to the Woman Hollering Creek Wastewater
Project. (B. James/K. Woodlee)
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Mayor Gutierrez asked Council if there were any items they wished removed
for separate action. Mayor Gutierrez removed Item 3, Resolution 21 -R -97, and
stated it will be rescheduled to the October 26, 2021, City Council Meeting.
Mayor Gutierrez asked for a motion to approve Consent Agenda Items -1,2 and
4 -8.
Moved by Councilmember Mark Davis, seconded by Mayor Pro -Tem
Michael Dahle
AYE: Mayor Pro -Tem Michael Dahle, Councilmember Mark Davis,
Councilmember Rosemary Scott, Councilmember Jill Whittaker,
Councilmember David Scagliola, Councilmember Allison
Heyward, Councilmember Tim Brown
Passed
Discussion and Action Items
9. Ordinance No. 21 -T -46 - Consideration and/or action approving an
Ordinance by the City Council of the City of Schertz, Texas, authorizing an
adjustment to the fiscal year 2021 -2022 budget to provide funding for an
agreement with M &S Engineering for Design, Bid, and Construction Phase
professional services for the Civic Center HVAC Replacement Project and
authorizing the execution of the agreement, repealing all ordinances or parts of
ordinances in conflict with this ordinance; and providing an effective
date. (First Reading) (C. Kelm/S. Williams /S. McClelland)
Mayor Gutierrez recognized Assistant Public Works Director Scott
McClelland who explained the request for authorizing an adjustment to the
fiscal year 2021 -2022 budget to provide funding for an agreement with M &S
Engineering for Design, Bid, and Construction Phase professional services for
the Civic Center HVAC Replacement Project.
The proposed project includes:
Remove existing split system and select ductwork,
Install new packaged unit with variable air volume units outside and VAV
terminal units inside.
Costs:
*Design: $85,000 (M &S Engineering)
*Estimated Construction: $825,000
Proposed to use HOT (Hotel Occupancy Tax) Funds: current balance is
$21246,341.96
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Mayor Gutierrez asked for a motion to approve Ordinance No. 21 -T -46. (First
Reading)
Moved by Councilmember Allison Heyward, seconded by Councilmember
Tim Brown
AYE: Mayor Pro -Tem Michael Dahle, Councilmember Mark Davis,
Councilmember Rosemary Scott, Councilmember Jill Whittaker,
Councilmember David Scagliola, Councilmember Allison
Heyward, Councilmember Tim Brown
Passed
10. Ordinance No. 21 -B -45 - Consideration and approval of an Ordinance by the
City Council of the City of Schertz, Texas authorizing the issuance of "City of
Schertz, Texas General Obligation and Refunding Bonds, Series 2021 ",
levying an annual ad valorem tax, within the limitations prescribed by law, for
the payment of the bonds; and other matters incident and related thereto, and
providing an effective date. (First and final reading) (M. Browne /J.
Walters/M. McLiney)
Mayor Gutierrez recognized Finance Director James Walters who introduced
Mr. Mark McLiney, Financial Advisor, SAMCO, who helped facilitate the
sale of these refunding bonds. Mr. McLiney stated the bonds we are selling
now will close in November within 90 -day window of the call date of
February 1, 2022. With Staff support, they went out and bid these bonds today
and received 8 bids. The top bid was BOK Financial Services, Inc. with the
rate of 1.18 %. It equates to approx. a savings of $65,000 a year, a total of
$710,000. The length of loan was not extended. By November 9, 2021, Bonds
Closing: proceeds delivered into escrow account for future defeasance and by
February 1 st, 2022, Series 2012 and Series 2013 debt to be retired with
escrowed proceeds.
Councilmember Scott asked what was our bond rating. It is AA +, 2nd highest
possible. Mayor Pro -Tem Dahle and Councilmember Brown thanked Finance
Director Walters for his hard work.
Councilmember Scagliola moved to adopt and ordinance authorizing the
issuance of the City of Schertz, Texas General Obligation Refunding Bonds
Series 2021.
Moved by Councilmember David Scagliola, seconded by Councilmember
Allison Heyward
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AYE: Mayor Pro -Tern Michael Dahle, Councilmember Mark Davis,
Councilmember Rosemary Scott, Councilmember Jill Whittaker,
Councilmember David Scagliola, Councilmember Allison
Heyward, Councilmember Tim Brown
Passed
Public Hearings
Mayor Gutierrez read the following item into record.
11. Ordinance No. 21 -S -42 - Conduct a public hearing and consider and/or action
approving an Ordinance by the City Council of the City of Schertz, Texas on a
request to rezone 1.373 acres of land from Pre- Development District (PRE) to
Single- Family Residential/ Agricultural District (RA), generally located 750
feet east of the intersection between Trainer Hale Road and FM 1518, 9049
Trainer Hale Road, also known as Bexar County Property Identification
Number 310238, City of Schertz, Bexar County, Texas. first Reading) (B.
James/L. Wood/M. Harrison)
Mayor Gutierrez recognized City Planner Megan Harrison who presented
information for a request to rezone 1.373 acres of land from Pre - Development
District (PRE) to Single- Family Residential/ Agricultural District (RA),
generally located 750 feet east of the intersection between Trainer Hale Road
and FM 15185 9049 Trainer Hale Road.
Planning and Zoning Commission held a public hearing on September 8, 2021
and made a recommendation to the City Council to approve the rezone from
Pre - Development District (PRE) to Single- Family Residential /Agricultural
District (RA). Staff recommends approval of the rezone request.
Mayor Gutierrez opened the Public Hearing, and no one spoke; closed the
Public Hearing for Council comments.
Councilmember Whittaker stated when the individual came to Planning and
Zoning, he thought it might be a commercial opportunity for this property. Ms.
Harrison stated the applicant was told that the Comprehensive Plan indicated
that this area would be single- family residential.
Moved by Councilmember Jill Whittaker, seconded by Mayor Pro -Tern
Michael Dahle
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AYE: Mayor Pro -Tem Michael Dahle, Councilmember Mark Davis,
Councilmember Rosemary Scott, Councilmember Jill Whittaker,
Councilmember David Scagliola, Councilmember Allison
Heyward, Councilmember Tim Brown
Passed
12. Ordinance No. 21 -S -43 - Conduct a public hearing and consider and/or action
approving an Ordinance by the City Council of the City of Schertz, Texas on a
request to rezone approximately 45 acres of land from General Business
District (GB) to Manufacturing Light District (M -1), generally located
approximately 1,300 feet east of Friesenhahn Lane and 450 feet north of IH -35
access road, also known as Comal County Property Identification Numbers
150166 & 812859 City of Schertz, Comal County, Texas. (First Reading) (B.
James/L. Wood/M. Harrison)
Mayor Gutierrez recognized City Planner Megan Harrison who presented
information for the request to rezone approx. 45 acres of land from General
Business District (GB) to Manufacturing Light District (M -1). The applicant
Mr. Robert Dye, Managing /Co- Founder of Forefront Commercial Real
Estate explained in detail the reason why they are requesting a rezone from
GB to M -1.
Mayor Gutierrez opened the Public Hearing, and as no one spoke; closed the
Public Hearing for Council Comments.
Council comments included appreciation for the upscale design, approving the
owner's design of office space in front of property and keeping manufacturing
behind off of IH -35 frontage.
Moved by Councilmember Mark Davis, seconded by Councilmember
Allison Heyward
AYE: Mayor Pro -Tem Michael Dahle, Councilmember Mark Davis,
Councilmember Rosemary Scott, Councilmember Jill Whittaker,
Councilmember David Scagliola, Councilmember Allison
Heyward, Councilmember Tim Brown
Passed
13. Ordinance No. 21 -S -44- Conduct a public hearing and consideration and
or /action to approve an Ordinance by the City Council of the City of Schertz,
Texas to amend the Schertz Code of Ordinances, Unified Development Code
(UDC), Article 5, Subsection 21.5.8 Permitted Use Table, to add "Aggregate
Extraction ". (First Reading) (B. James/L. Wood/M. Harrison)
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Mayor Gutierrez recognized City Planner Megan Harrison who presented
information for the request to approve Ordinance No. 21 -S -44, to amend the
Schertz Code of Ordinances, Unified Development Code (UDC) Article 5,
Subsection 21.5.8 Permitted Use Table, to add "Aggregate Extraction ". Staff
was approached by the applicant for a proposed use of aggregate extraction,
where he would be taking good dirt of his property to sell. Staff took this
proposed usage to the Planning and Zoning Commission, and there was a
discussion between the Commission, Staff and Applicant. The PZ Commission
made a recommendation to the City Council to have the proposed use of,
Aggregate Extraction, to be placed in Manufacturing Light (M -1) and
Manufacturing Heavy (M -2) with an Specific Use Permit (SUP). Staff
supports the recommendation made by the Commission.
Mayor Gutierrez inquired about the letter of approval from Randolph Air
Force Base(RAFB). The RAFB letter was a letter of no objection to the use to
place this in this zoning district, however the applicant would have go back to
RAFB and get approval of the rezone to M -1 or M -2, because this property is
in the AZ -1.
Mayor Gutierrez opened the Public Hearing, and as no one spoke; closed the
Public Hearing for Council Comments.
Mayor Pro -Tem Dahle indicated that this is two issues intertwined. 1. Adding
the Aggregate Extraction to the UDC with an SUP. 2. Location of the
applicant's property (near RAFB), as well looking at the other properties, or
cities near this property.
Councilmember Davis stated that this is not about a rezone, it is about adding
Aggregate Extraction category into the permitted use table with M -1 and
M -2 to the UDC.
Councilmember Scagliola mentioned that he read about complaints from
neighbors who complain about the noise and dust with this zoning in another
city. He agreed with Mayor Pro-Tem. Dahle in wanting approval from the
neighboring HOA's.
Councilmember Brown reiterated that this is not about rezoning, it is about
adding Aggregate Extraction to the permitted use table of M -1 and M -2 in the
UDC.
Councilmember Whittaker stated this is a good heads -up for the potential
rezone request for this property, but the ordinance is about adding Aggregate
Extraction to the permitted use table of M -1 and M -2.
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Moved by Councilmember Jill Whittaker, seconded by Councilmember
Tim Brown
AYE: Mayor Pro -Tem Michael Dahle, Councilmember Jill Whittaker,
Councilmember Tim Brown
NAY: Councilmember Mark Davis, Councilmember Rosemary Scott,
Councilmember David Scagliola, Councilmember Allison
Heyward
Failed
Assistant City Manager Brian James asked City Council to make a
recommendation on where they would allow this use in terms of the zoning
chart. If there are some concerns with Council, a recommendation for M -2
with an SUP would be an option. Mr. James reiterated that we do need to get
the request listed in the UDC.
Mayor Gutierrez asked if a motion to approve the Ordinance No. 21 -S -44
(First Reading) with a M -2 with an SUP. Councilmember Brown made a
motion to approve. Seconded by Councilmember Whittaker.
Moved by Councilmember Tim Brown, seconded by Councilmember Jill
Whittaker
AYE: Mayor Pro -Tem Michael Dahle, Councilmember Mark Davis,
Councilmember Jill Whittaker, Councilmember David Scagliola,
Councilmember Allison Heyward, Councilmember Tim Brown
NAY: Councilmember Rosemary Scott
Passed
Roll Call Vote Confirmation
Mayor Gutierrez recognized City Secretary Brenda Dennis who provided the roll call
vote confirmation for Agenda items 1,2 and items 4 -13.
Requests and Announcements
® Announcements by the City Manager.
• Requests by Mayor and Councilmembers for updates or information from staff.
• Requests by Mayor and Councilmembers that items or presentations be placed on
a future City Council agenda.
Councilmember Scott asked for an updated presentation of the Master Land Use
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Plan.
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
a Recognition of actions by City employees
Recognition of actions by community volunteers
Mayor Pro -Tem Dahle reminded everyone that Schertz Historical Preservation
Committee is hosting a Classic Car Show this weekend at Pickrell Park, he also
attended the National Night Out events at Riata and Crossvine.
Councilmember Davis attended the TML 2021 Annual Conference, Houston TX.
Councilmember Scott attended the Candidate Forum hosted by the Guadalupe
County Concerned Citizens Coalition.
Councilmember Whittaker attended the Candidate Forum hosted by the
Guadalupe County Concerned Citizens Coalition, attended the National Night Out
event at Crossvine, the TML 2021 Annual Conference, Houston, TX. and the
Council & P &Z Sub - Committee Meeting.
Councilmember Scagliola attended the National Night Out event at Riata and
Homestead, the TML 2021 Annual Conference, Houston TX. and the City
Council & P &Z Sub - Committee Meeting.
Councilmember Heyward attended Candidate Forum hosted by Guadalupe
County Concerned Citizens Coalition, attended the National Night Out events
with Constable Michael Skrobarcek and other elected officials at Woodbridge Oak
Trail Estates, Carolina Crossing North, Greenshire and Cypress Point, attended
the TML 2021 Annual Conference, Houston TX, and a meeting for TML Region
7 Board of Directors.
Councilmember Brown attended the Candidate Forum hosted by Guadalupe
County Concerned Citizens Coalition, attended the National Night Oout events
with Constable Michael Skrobarcek and other elected officials at Woodbridge Oak
Trail Estates, Carolina Crossing North, Greenshire and Cypress Point.
Adjournment
Mayor Gutierrez adjourned the meeting at 7:33 p.m.
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(YaI659 Gutierrez, Mayor
ATTEST:
Sheila Edmondson, City Secretary
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