03-22-2022 MinutesMINUTES
REGULAR MEETING
March 22, 2022
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on March
22, 2022, at 6:00 p.m. in the Hal Baldwin Municipal Complex Council Chambers, 1400 Schertz
Parkway, Building #4, Schertz, Texas. The following members present to -wit:
Present: Mayor Ralph Gutierrez; Mayor Pro -Tern David Scagliola; Councilmember Mark
Davis; City Council Place 2 - Vacant; Councilmember Jill Whittaker; Councilmember
Michael Dahle; Councilmember Allison Heyward; Councilmember Tim Brown
City City Manager Dr. Mark Browne; Assistant City Manager Brian James; Assistant City
Staff: Manager Charles Kelm; City Attorney Adolfo Ruiz; 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 pm.
Opening Prayer and Pledges of Allegiance to the Flags of the United States and State of
Texas. (Councilmember Dahle)
Councilmember Michael Dahle provided the opening prayer followed by the Pledges to
Allegiance to the Flags of the United States and the State of Texas.
Presentations
Proclamation recognizing Alcohol Awareness Month. (A. Heyward)
Councilmember Heyward read the proclamation and presented it to Ms. Amy Alston with
the San Antonio Council on Alcohol and Drug Awareness.
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
announced the upcoming City Events.
Friday, March 25th
Pre - Budget Retreat
8:30 AM -5:00 PM
Council Chambers
Sunday, April 3rd
Movin' on Main
12:00 PM -4:00 PM
Open streets event with fitness demonstrations, health & wellness vendors, DJ music,
kids' activities, food trucks. Bring your bikes, scooters, strollers and get movin'!
Now thru Sunday, April 24th
Kickball League Sign -Up
Games will be played every Sunday evening from 6:00 -10:00 PM at Thulemeyer Park.
Sign -up at Schertz.com
Tuesday, April 5th
Next regular scheduled Council meeting, 6:00 PM, Council Chambers
• Announcements and recognitions by the City Manager (M. Browne)
City Manager Dr. Mark Browne thanked Assistant to the City Manager Sarah Gonzalez
and Administrative Assistant Cyndi Simmons for organizing the 26th Annual Employee
Remembrance Day Ceremony.
. Announcements and recognitions by the Mayor (R. Gutierrez)
Mayor Gutierrez also thanked Assistant to the City Manager Sarah Gonzalez and
Administrative Assistant Cyndi Simmons for organizing the 26th Annual Employee
Remembrance Day Ceremony.
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.
Mayor Pro -Tem David Scagliola recognized the following who spoke:
Daniel Jameson, 1048 Richmond Drive - Mr. Jameson thanked Assistant City Manager
Charles Kelm and the Public Works Department for their quick response with some street
issues on Richmond Dr. Crews came out and fixed the problem very quickly.
Ferrando Heyward, 2628 Hansel Heights - Mr. Heyward wanted to thank
TSAC - Transportation and Safety Advisory Committee for working with Staff to improve the
roads. He also asked that with all the hard work that is happening with the roads, he wanted
to make sure the public is aware it will take time, but it is being improved. Links on the
website giving an update on the city road improvements would help out. Mr. Heyward also
thanked Staff for posting about Bike Safety. Mr. Heyward also mentioned that March is MS
Awareness month, has concerns of Human Trafficking issues and the employee turnover rate
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and employee compensation for the City of Schertz.
Stephen Noethen, 3401 Abbeville Drive- Mr. Noethen asked that covered benches and picnic
tables be added near the playground near the Library. Mr. Noethen also asked for a temporary
traffic light near FM 1518 and IH -10. He also thanked City Manager Dr. Mark Browne for all
everything he has done over the last few years.
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.
1. Minutes — Consideration and/or action regarding the approval of the minutes of the
meeting of the regular meeting of March 8, 2022. (B. Dennis)
2. Ordinance No. 22 -G -14 - Consideration and/or action approving an Ordinance by the
City Council of the City of Schertz, Texas amending Chapter 66, Police - Articles I
and II of the Code of Ordinances of the City of Schertz, Texas to provide for the
establishment of the City of Schertz Police Department; establishing the position of
Chief of Police and providing for the employment of Police Officers; prescribing the
qualifications, duties and responsibilities of the Chief of Police and Police Officers
establishing the jurisdictional boundaries of the department; providing a savings
clause, and providing an effective date. Final Reading (C. Kelm/M. Bane)
3. Resolution No. 22 -R -34 - Consideration and /or action approving a Resolution by the
City Council of the City of Schertz, Texas approving the renewal of existing
three -year support agreement for ARCGIS mapping software supplied by
Environmental Systems Research Institute, Inc. (ESRI). (B. James/M. Clauser)
4. Resignations and Appointments to
Boards / Commissions /Committees- Consideration and/or action regarding the
resignations and appointments to various Boards /Commissions /Committees
(Council /S. Edmondson)
• Resignation of Mr. Margarito Banales from the Schertz Library Advisory Board
Mayor Gutierrez asked Council if they were any items that they wished removed for
separate action, as there were none, Mayor Gutierrez asked for a motion to approve
Consent Agenda Items 1 -4.
Moved by Councilmember Mark Davis, seconded by Mayor Pro -Tem David
Scagliola
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AYE: Mayor Pro -Tem David Scagliola, Councilmember Mark Davis,
Councilmember Jill Whittaker, Councilmember Michael Dahle,
Councilmember Allison Heyward, Councilmember Tim Brown
Passed
Discussion and Action Items
5. Resignation - Consideration and/or action regarding the acceptance of the Retirement
Resignation letter from City Manager Dr. Mark Browne.
Mayor Gutierrez appreciates the advanced notice the City Manager Dr. Mark Browne
provided about his retirement and the opportunity for a smooth transition. He also
thanked Dr. Browne for his service to the City of Schertz. His dedication and passion
has been evident in everything he as done.
Mayor Gutierrez asked for a motion to approve the acceptance of the Retirement
Resignation letter from the City Manager Dr. Mark Browne.
Moved by Councilmember Allison Heyward, seconded by Councilmember Tim
Brown
AYE: Mayor Pro -Tem David Scagliola, Councilmember Mark Davis,
Councilmember Jill Whittaker, Councilmember Michael Dahle,
Councilmember Allison Heyward, Councilmember Tim Brown
Passed
6. Ordinance No. 22 -T -16 - Consideration and/or action approving an Ordinance by the
City Council of the City of Schertz, Texas authorizing an adjustment to the FY
2021/2022 budget to allocate funds for the Schertz Council Facilities Audio and Video
Systems Upgrade Project in the amount of $451,686.00 First Reading (B. James/ M.
Clauser)
Mayor Gutierrez read the following into record:
ORDINANCE NO. 22-T-16
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AUTHORIZING AN ADJUSTMENT TO THE FISCAL YEAR 2021- 2022
BUDGET TO PROVIDE ADDITIONAL FUNDING FOR UPGRADES TO THE
COUNCIL CHAMBERS AUDIO AND VIDEO MANAGEMENT SYSTEMS
PROJECT, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT WITH THIS ORDINANCE: AND PROVIDING AN EFFECTIVE
DATE. First Reading
Mayor Gutierrez recognized I.T. Director Myles Clauser who provided
information for the adjustment to the FY 2021/2022 budget to allocate funds for the
Schertz Council Facilities Audio and Video Systems Upgrade Project. The current
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audio system is approximately 20 yrs old and needs to be upgraded. Requirements
have changed, and we are now in an HD world. The system needs to be upgraded to
meet the requirements currently needed by the City.
Mayor Gutierrez asked for a motion to approve the first reading of Ordinance No.
22 -T -16.
Moved by Councilmember Mark Davis, seconded by Councilmember Allison
Heyward
AYE: Mayor Pro -Tem David Scagliola, Councilmember Mark Davis,
Councilmember Jill Whittaker, Councilmember Michael Dahle,
Councilmember Allison Heyward, Councilmember Tim Brown
Passed
7. Ordinance No. 22 -T -17- Consideration and/or action approving an Ordinance by the
City Council of the City of Schertz, Texas authorizing an adjustment to the FY
2021/2022 City of Schertz budget to provide an additional $65,835.00 from the
dedicated PEG fund for the Master Communication Plan. First Reading (B. James/M.
Clauser)
Mayor Gutierrez read the following into record:
ORDINANCE NO. 22-T-17
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AUTHORIZING AN ADJUSTMENT TO THE FISCAL YEAR 2021- 2022
BUDGET TO PROVIDE ADDITIONAL FUNDING FOR THE MASTER
COMMUNICATIONS NETWORK PROJECT, REPEALING ALL ORDINANCES
OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND
PROVIDING AN EFFECTIVE DATE. First Reading
Mayor Gutierrez recognized I.T. Director Myles Clauser who provided information
on authorizing an adjustment to the FY 2021/2022 City of Schertz Budget to provide
an additional $65,835.00 from the dedicated PEG fund for the Master Communication
Plan. The City is need of a city -wide area network and additional funding is needed
for this project. The project will allow all the city buildings to be connected with a
wireless network to communicate and the ability to broadcast on a
planned public- education government TV channel.
Mayor Gutierrez asked for a motion to approve the first reading of Ordinance 22 -T -17.
Moved by Councilmember Allison Heyward, seconded by Councilmember Tim
Brown
AYE: Mayor Pro -Tem David Scagliola, Councilmember Mark Davis,
Councilmember Jill Whittaker, Councilmember Michael Dahle,
Councilmember Allison Heyward, Councilmember Tim Brown
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Passed
Public Hearings
Mayor Gutierrez read the following into record:
8. Ordinance No. 22 -S -11 - Conduct a public hearing and consideration and/or action on
a request to rezone approximately 9 acres of land from General Business District (GB)
and Pre - Development District (PRE) to General Business District (GB) and General
Business District -2 (GB -2), generally located approximately 3,000 feet east of the
intersection of Schwab Road and IH -35 access road, also known as a portion Comal
County Property Identification Number 78178, City of Schertz, Comal County, Texas.
First Reading (B. James/M. Harrison)
Mayor Gutierrez read the following into record:
ORDINANCE NO. 22-S-11
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AMENDING THE OFFICIAL ZONING MAP BY REZONING
APPROXIMATELY 9 ACRES OF LAND TO GENERAL BUSINESS DISTRICT
AND GENERAL BUSINESS DISTRICT -2, GENERALLY LOCATED 3,000 FEET
EAST OF THE INTERSECTION OF SCHWAB ROAD AND IH -35 ACCESS
ROAD, ALSO KNOWN AS COMAL COUNTY PROPERTY IDENTIFICATION
NUMBER, 78178, COMAL COUNTY, TEXAS. First Reading
Mayor Gutierrez recognized City Planner Megan Harrison presented a PowerPoint
presentation explaining why the owner of this property is wanting to change the
zoning of the 9 acres of land from General Business District (GB) and
Pre - Development District (PRE) to General Business District (GB) and General
Business District -2 (GB -2), generally located approximately 3,000 feet east of the
intersection of Schwab Road and IH -35 access road. Ms. Harrison stated that the
Planning and Zoning Commission held a public hearing on February 9, 2022, where
the commission made a vote to recommend approval with a vote of 7 -0. Staff
recommends approval of Ordinance No. 22 -S -11.
Mayor Gutierrez recognized Ms. Ashley Farrimond from Killen, Griffin and
Farrimond, Attorneys at Law, who is representing the property owners of Southern
Tire Mart. She stated the owners wanted to change the current zoning PRE & GB to
GB -2 (5.66 acres) and GB (3.34) and move their current business to this property.
Mayor Gutierrez opened up the Public Hearing. No one spoke, Mayor Gutierrez closed
the Public Hearing for Council Comments. Ms. Farrimond answered questions from
Council.
Mayor Gutierrez asked for a motion to approve the first reading of Ordinance No.
22 -S -11.
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Moved by Councilmember Tim Brown, seconded by Councilmember Jill
Whittaker
Roll Call Vote Confirmation
Mayor Gutierrez recognized Deputy City Secretary Sheila Edmondson who provided roll call
confirmation for Consent Items #1 -4 and Agenda Items # 5 -8.
Workshop
9. Discussion on the Main Street Vision and Challenges including parking and
nonconforming uses.
Mayor Gutierrez recognized Assistant City Manager Brian James who presented a
PowerPoint presentation on the Main Street Vision and Challenges that includes
parking and nonconforming uses.
Main Street Vision
. Mixed Use Development
. Art centered activities and programs for kids and adults
. Restaurants with or without outdoor dining
. Places for Shopping
*Restoration of Historic Buildings
. Attractions
Main Street Opportunities and Concerns
® Location
. Infrastructure
. Historic Character
. Vacant Buildings and Vacant Land
Connectivity
City and Community Support
. Railway Noise
. FEMA Floodplain
. Incompatibility of Adjacent Uses
. Parking Limitations
. Existing Zoning Limitations
What We Have Done
. New Zoning Districts — MSMU and MSMU -ND
• Appropriate Uses
. Modified Development Standards
. Local Flavor Grant and Historic Preservation Grants
*Modification of Floodplain Ordinance
. Events — Movin on Main and Awareness (Schertz Magazine)
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. Main Street Improvements Concepts
u Public Parking Lots
The Problem
• Incompatibility of Adjacent Uses
• Parking Limitations
# Approximately 35 parcels are zoned GB which allows Automobile Repairs and
Service, Minor by right as well as truck rental. There are also nonconforming
Automobile Repairs and Service Major that exist.
This has created problems on Main Street as aspects of these uses are
incompatible with the vision of Main Street.
Trying to Solve the Problem
* Increased Code Enforcement
• Have Spoken With Business Owners
• Draft Ordinance to Restrict Onstreet Parking — labor- intensive and imperfect to
enforce
The Big Question
Is it worth trying to find the approximately $6 million to really do Main Street
right in one effort if we continue to have the conflicts with land uses?
Assistant City Manager Brian James wanted to get the City Council's input on how
they want the City to move forward on this subject. Council agreed that the car repair
business has too many cars on public streets. Mr. James stated staff will work on
finding a win -win solution to the issues on Main Street.
10. Discussion regarding the Joint Base San Antonio Randolph Joint Land Use Study and
Air Installation Compatible Use Zones Study Recommendations compatible land uses
and development restrictions.
Mayor Gutierrez recognized Assistant City Manager Brian James who presented a
PowerPoint regarding the Joint Base San Antonio Randolph Joint Land Use Study
(JLUS ) and Air Installation Compatible Use Zones ( AICUZ) Study
Recommendations compatible land uses and development restrictions. Mr. Brian
James explained the studies provided information for cities near JBSA Randolph
to ensure future compatibility between land uses in surrounding communities
necessary to support the continuation of the military mission at JBSA- Randolph and
the increasing development occurring around the installation.
Mr. James continued to explain the AICUZ components that included AICUZ — Air
Installation Compatible Use Zone, Accident Potential Zones (APZs), Clear Zones
(CZ) — 3,000' x 3,000' virtually no uses allowed. Accident Potential Zone 1 (APZ 1),
Accident Potential Zone 2 (APZ 2). Other Components included Land Use
Restrictions, Aircraft Noise Contours, and Floor Area Ratio (FAR) restrictions.
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. Announcements by Mayor and Councilmembers
Mayor Pro -Tern David Scagliola attended Breakfast with the Heat
Councilmember Mark Davis attended the Employee Remembrance Ceremony. Mr. Davis
mentioned the passing of Robert Brockman, a Schertz Citizen
Councilmember Jill Whittaker attended the NEP Luncheon and Ribbon Cutting for JW
Roofing
Councilmember Allison Heyward attended the NEP Luncheon, AMPO Resilience
Committee, Active Transportation Committee Meeting, ARPA Check Award
Ceremony, Breakfast with the Heat, Ribbon Cutting JW Roofing, and Employee
Remembrance Ceremony.
Councilmember Tim Brown attended the NEP Luncheon and the ARPA Check Award
Ceremony
Adjournment
Mayor Gutierrez adjourned the meeting at 8:51 p.m.
ATTEST-
Sheila Edmondson, Deputy City Secretary
III]
With these guidelines, City staff would like to get a feel from City Council on how
they wish to proceed. Council wishes for staff to look at the most incompatible and
problematic uses within the AICUZ from the published guidelines provided and start
there.
Closed Session
Mayor Gutierrez read the following closed session item into record:
11. The City Council will meet in closed session in accordance with Section 551.074 of
the Texas Government Code to discuss the direction to fill the City Manager vacancy.
Mayor Gutierrez recessed the meeting into Closed Session at 8:17 p.m.
Reconvene into Regular Session
Mayor Gutierrez reconvened back into regular session at 8:51 p.m.
12. Take any action based on discussions held in Closed Session under Agenda Item 11.
No action was taken.
Roll Call Vote Confirmation
No roll call vote confirmation as no action was taken on Agenda Item #11 .
Information available in City Council Packets - NO DISCUSSION TO OCCUR
Mayor Gutierrez mentioned Item #13 were informational items only and that the information
we provide in the Council packet as well as can be found online.
13. Quarterly Financial Reports
Requests and Announcements
*Announcements by the City Manager.
None at this time.
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.
None at this time.
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