04-12-2022 MinutesMINUTES
REGULAR MEETING
April 12, 2022
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on April
12, 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 -Tem 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 Daniel Santee; City Secretary Brenda Dennis;
Assistant to the City Manager Sarah Gonzalez
Call to Order
Mayor Gutierrez called the meeting to order at 6:00 p.m. Mayor Gutierrez reminded the
Students who were participating in the Hall Baldwin Scholarship Program, to make sure that
they sign the sheet in the back. Mayor Gutierrez also stated that those who are watching
on -line to please make sure that they contact Sarah Gonzalez at 210 -619 -1015 to receive
credit.
Opening Prayer and Pledges of Allegiance to the Flags of the United States and State of
Texas. (Councilmember Heyward)
Councilmember Heyward provided the opening prayer followed by the Pledges of
Allegiance to the Flags of the United States and State of Texas.
Presentations
Special Accommodation to Monica Kuehn for baby deliveries over 911 Phone. (C.
Kelm/M. Bane/N. Kuhlmann)
Mayor. Gutierrez recognized Nichole Kuhlmann who came forward recognizing
Monica Kuehn for her assistance in delivering two babies over the phone. Ms.
Kuhlmann commended Monica for such a great job. One of the babies was present this
evening.
Proclamations
a Proclamation recognizing National Public Safety Telecommunications Week. (Mayor
Gutierrez/N. Kuhleman)
Mayor Gutierrez recognized all the Schertz Telecommunicators, read and presented the
proclamation recognizing National Public Safety Telecommunications week. Ms.
Kuhleman provided a brief description of the job duties.
Proclamation recognizing National Animal Care and Control Appreciation Week.
(Mayor Gutierrez/M. Bane/M. Lagunas)
Mayor Gutierrez recognized all the Animal Services Staff, read and presented the
proclamation recognizing National Animal Care and Control Appreciation Week.
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:
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.
Thursday, April 14th
Northeast Partnership meeting
11:30 AM —1:00 PM
Olympia Hills Golf & Conference Center, Universal City
RSVP to the City Secretary
Monday, April 18th
SSLGC Joint Meeting with Council
6:00 PM — 7:00 PM
3027 N, Austin Street Utilities Operation Center Training Room
Saturday, April 23rd and Sunday, April 24th
JBSA Great Texas Air Show
Randolph AFB
Tuesday, April 26th
Next regular scheduled Council meeting, 6:00 PM, Council Chambers
Announcements and recognitions by the City Manager (M. Browne)
City Manager Dr. Mark Browne recognized and thanked all the Schertz Dispatch
Officers, our Telecommunicators for the fantastic job they do every day for the
Community, the same for our Animal Care Officers. Megan has done a great job
leading that organization. They are back in their facility as the air conditioning is
working, we will be having a reopening event on April 30th. More information to
come.
. Announcements and recognitions by the Mayor (R. Gutierrez)
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Mayor Gutierrez thanked all those that volunteered for the Love Where you Live Clean
up this past weekend, what great community involvement. Dr. Browne thanked Mr.
Fowler for making this happen.
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 who spoke:
Daniel Jameson 1048 Richmond Drive, who spoke on the recent Love Where you Live
Clean up day and all the volunteers who came out to support the event.
* Maggie Titterington, 1730 Schertz Parkway, who provided the following Chamber
updates:
Next week our luncheon at Bella on the Vine. We are sold out, but we have a
waiting list. It is our nonprofit focus as well and we have a presentation from
shred day that benefits the Guadalupe County Children's Advocacy Center.
Speaking of shred day so, we want to give a shout out of thanks to the Schertz
Police, Suzanne and her team at Public Works and Charles Kelm for helping us
coordinate.
April 21 st we have two events. A ribbon cutting at the Schertz Offices to
welcome real estate with Jill at 10:30 a.m. and our quarterly Three Business
Mixer at Santikos from 5:30 to 7:00 p.m.
We finished our Taste event and want to thank all the community participants.
Winners of the best of are: Best Entree - Abel's Diner, Best Beverage
- Tropical Smoothie Cafe, Best Appetizer - Willie's Ice House and Best Dessert -
Nothing Bundt Cakes.
Last Leadership Core went to Austin today and I brought up the question about
next year's legislation having some type of small business granting or funding as
incentives. I was told by Senator Campbell office that there are funds set aside
from ARPA of approximately 40 million that there will be discussions about that
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possibility.
. Dana Eldgridge, 2628 Gallant Fox Drive, who spoke regarding agenda item 9 stating
that last week he mentioned the power lines with regard to QT going in on 35 and
Cibolo Valley, he failed to recognize the that it's going to be Cibolo Valley Drive/Hal
Baldwin Avenue. He indicated that he has lived in Schertz for several years and that
has been Wiederstein Road until the last couple of years when it was changed to
Cibolo Valley. Never been an indication that it was Hal Baldwin Drive - going over
35. His question was where did this come up, how much is it going to cost the City to
rename it and redo all the signs? He indicated that if the road name was going to
change it should have been Cibolo Valley/Wiederstein Road.
Christina Kazmierczak, 2785 Valencia, Miss Amazing Texas, who spoke regarding
inclusion of more people with disabilities, promote more job opportunities for those
with disabilities. People with disabilities have so much to offer to their community.
Open the door for them to be a valued member of the community.
. Pastor Zek White, 9360 Corporate Drive, who thanked Mr. James and his staff for
working on the ordinances that will be discussed this evening.
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 Agenda Items 1 -4 into record and Mayor Pro -Tem Scagliola read
Agenda Items 5 -9.
1. Minutes — Consideration and/or action regarding the approval of the minutes of the
meeting of Special Pre - Budget Retreat Meeting of March 25, 2022, and minutes of
the Regular Meeting of April 5, 2022. (B. Dennis)
2. Ordinance No. 22 -T -12 - Consideration and/or action approving an Ordinance by
the City Council of the City of Schertz, Texas, amending Chapter 78, Article VII,
Roadway Capital Recovery Fees incorporating amended land use assumptions and
amended Capital Improvements Plans for such facilities providing for collection of
impact fees. Final Reading (M. Browne/B. James)
3. Ordinance No. 22 -S -13 - Consideration and/or action approving an Ordinance by
the City Council of the City of Schertz, Texas, amending the Master Thoroughfare
Plan. Final Reading (M. Browne/B. James)
4. Resolution No. 22 -R -41 - Consideration and/or action approving a Resolution by
the City Council of the City of Schertz, Texas approving requests for Schertz Main
Street Local Flavor Economic Development Grants for 539 and 820 Main Street.
(B. James)
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5. Resolution No. 22 -R -42 - Consideration and/or action approving a Resolution by
the City Council of the City of Schertz, Texas authorizing a Subdivision
Improvement Agreement with Crossvine Module 2, Unit 1. (M. Browne/B. James)
6. Resolution No. 22 -R -30 - Consideration and/or action approving a Resolution by
the City Council of the City of Schertz, Texas authorizing the acceptance of a
warranty deed from Schertz 1518, Ltd. for Lot 1, Block 1 of the Schertz Forest Unit
1 Addition. (M. Browne/B. James)
7. Resolution No. 22 -R -39 - Consideration and/or action approving a Resolution by
the City Council of the City of Schertz, Texas, authorizing a second round of hazard
pay for employees that continued to provide services during the COVID-19
Pandemic Emergency Declaration period. (M. Browne /J. Walters)
8. Resolution No. 22 -R -40 - Consideration and/action approving a Resolution by the
City Council of the City of Schertz, Texas authorizing use of American Rescue Plan
Act funds for the purchase of a new ambulance. (M. Browne /J. Walters)
9. Ordinance No. 22 -S -15 - Consideration and/or action on a request for a Specific
Use Permit to allow a convenience store with gas pumps on approximately 2.7 acres
of land, more specifically described as the northwest corner of IH -35 and Cibolo
Valley Drive, also known as Guadalupe County Property Identification Number
62840, City of Schertz, Guadalupe County, Texas. Final Reading (B. James/L.
Wood/M. Harrison)
Mayor Gutierrez asked Council if there were any items they wished removed.
Mayor Pro -Tern Scagliola requested Agenda Item 9 be removed for separate
agenda. Mayor Gutierrez called for a motion to approve Agenda Items 1 through 8
on the Consent Agenda.
Moved by Councilmember Allison Heyward, seconded by Mayor Pro -Tem
David Scagliola to approve consent agendas 1 through 8.
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
9. Ordinance No. 22 -S -15 - Consideration and/or action on a request for a Specific Use
Permit to allow a convenience store with gas pumps on approximately 2.7 acres of land,
more specifically described as the northwest corner of IH -35 and Cibolo Valley Drive, also
known as Guadalupe County Property Identification Number 62840, City of Schertz,
Guadalupe County, Texas. Final Reading (B. James/L. Wood/M. Harrison)
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Mayor Gutierrez recognized Mayor Pro -Tem Scagliola stated he is not against the special
use permit, his concern was with the naming of streets without prior discussion. Assistant
City Manager Brian James provided the explanation of how the street was named.
Mayor Gutierrez recognized Councilmember Heyward who also had concerns on the naming
of the street. She indicated that she would like a workshop discussion item regarding the
naming of roads.
Moved by Mayor Pro -Tem David Scagliola, seconded by Councilmember
Allison Heyward to approve Ordinance No. 22 -S -15 on final reading.
AYE: Mayor Pro -Tem David Scagliola, Councilmember Mark Davis,
Councilmember Jill Whittaker, Councilmember Michael Dahle,
Councilmember Allison Heyward, Councilmember Tim Brown
Passed
Public Hearings
10. Ordinance No. 22 -S -18 - Conduct a public hearing, and consideration and/or action
on amendments to Part III, Schertz Code of Ordinances, Unified Development Code
(UDC), to Article 9 - Site Design Standards, Section 21.9.9 Tree Preservation and
Mitigation, to cap the maximum required tree mitigation. First Reading (B.
James/M. Browne)
Mayor Gutierrez read the following item into record:
ORDINANCE. 22 -S -18
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS TO AMEND PART III, SCHERTZ CODE OF ORDINANCES, THE
UNIFIED DEVELOPMENT CODE (UDC) ARTICLE 9, SECTION 21.9.9
TREE PRESERVATION AND MITIGATION, TO CAP THE MAXIMUM
REQUIRED TREE MITIGATION REPEALING ALL ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE;
PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE. FIRST READING
Mayor Gutierrez recognized Assistant City Manager Brian James who provided an
overview of the changes by updating the City's UDC to better support the goals and
objectives of the City's Comprehensive Plan. He stated that this ordinance would
reduce the amount of mitigation required on heavily wooded lots and is anticipated
to reduce the amount of tree mitigation the City receives.
Mayor Gutierrez opened the public hearing and recognized the following who
spoke:
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Maggie Titterington, The Chamber who supports the changes and thanked
Brian and the group for meeting to resolve the issues and asks for Council's
support. Lastly on behalf of David Gleeson, Managing Partner with Brytar DG
Schertz, LLC, Ms. Titterington read a letter with his supportive comments
regarding the changes to the site design standards regarding sites that have an
unusually dense tree coverage. He supports the changes.
As no one else spoke; Mayor Gutierrez closed the public hearing for Council
comments. Members of Council provided their support for the changes and well as
thanked Mr. James and the Subcommittee for all their work. Mayor Gutierrez also
thanked the Subcommittee and Staff.
Mayor Gutierrez called for a motion to approve.
Moved by Councilmember Michael Dahle, seconded by Councilmember Mark
Davis to approve Ordinance No. 22 -5 -18 on first reading.
AYE: Mayor Pro -Tem David Scagliola, Councilmember Mark Davis,
Councilmember Jill Whittaker, Councilmember Michael Dahle,
Councilmember Allison Heyward, Councilmember Tim Brown
Passed
11. Ordinance No. 22 -5 -19 - Conduct a public hearing, and consideration and/or action
on amendments to Part III, Schertz Code of Ordinances, Unified Development Code
(UDC), to Article 4 subsection 21.4.5 Post Decision Procedures, Article 5
subsection 21.5.2 Zoning Districts Established and 21.5.5 Statement of Purpose and
Intent for Residential Districts, Article 8 subsection 21.8.9 Outdoor Display and
Storage, Article 9 subsection 21.9. 10 Park and Open Space Dedication
Requirements and Article 10 subsection 21.10.2 Parking Standards General
Provisions and 21.10.4 Parking Standards Schedule of Off - street Parking. First
Reading (B. James/M. Browne)
Mayor Gutierrez read the following into record:
ORDINANCE NO. 22-S-19
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS TO AMENDING PART III, SCHERTZ CODE OF ORDINANCES,
THE UNIFIED DEVELOPMENT CODE (UDC) ARTICLE 4, SUBSECTION
21.4.5 POST DECISION PROCEDURES, ARTICLE 5 SUBSECTIONS 21.5.2
ZONING DISTRICTS ESTABLISHED AND 21.5.5 STATEMENT OF
PURPOSE AND INTENT FOR RESIDENTIAL DISTRICTS, ARTICLE 8
SUBSECTION 21.8.9 OUTDOOR DISPLAY AND STORAGE, ARTICLE 9
SUBSECTION 21.9.10 PARK AND OPEN SPACE DEDICATION
REQUIREMENTS AND ARTICLE 10 SUBSECTIONS 21.10.2 PARKING
STANDARDS GENERAL PROVISIONS AND 21.10.4 PARKING
STANDARDS SCHEDULE OF OFF - STREET PARKING
REQUIREMENTS; REPEALING ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT WITH THIS ORDINANCE; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE
(First Reading)
Mayor Gutierrez recognized Assistant City Manager Brian James who stated staff is
proposing to make a variety of amendments to the UDC. Some of these are coming
from the Subcommittee of P &Z and City Council that discussed single family
residential development, others from problems the City has been experiencing on
Main Street while others have been pending for some time.
Staff is proposing to amend Section 21.4.5 Post- Decision procedures, section B.
The section currently limits the ability of applicants to resubmit an application that
has been denied to no sooner than six months after the date of denial. The
amendment stipulates that limitation does not apply if the full board or commission
that was seated was not present. This change was prompted by some recent denials
at BOA where a lack of board members created a situation where a unanimous
recommendation for approval was needed, This seems unfair to the applicants and
as such a change was proposed.
As a result of the work of the Subcommittee on residential development staff is
proposing to make amendments to various sections to remove the prohibition on
new zoning of R -6 and R -7 as well as to add the design criteria that was
discussed. To allow R -6 and R -7 zoning to be granted, staff is proposing
amendments to Section 21.5.5 Statement and Purpose of Residential Districts
Sections F and G to remove the references to Ordinance No. 10 -S -29 that restricted
the ability to grant them. It also amends Section 21.5.2 Zoning Districts Established,
limitations on R -6 an R -7 to eliminate the references to the limitations imposed by
Ordinance No. 10 -S -29. The changes add a cap of 30 acres for R -7 and 40 acres for
R -6. As part of the design standards the parking section is being amended to require
two parking spaces per mailbox kiosk which must be covered, but these can be
provided in the right -of -way as long as additional paving is provided so as not to be
in the lane of traffic. Staff is amending the parkland dedication section to stipulate
the requirements for private open space in residential subdivisions if a City park is
not being provided. The curvilienear street requirement is being added to the public
works design manual.
In an effort to deal with the parking problem on Main Street that is occurring as a
result of vehicles being parked on unpaved areas due to some temporary or short
term issue and to deal with the excessive cars associated with auto repair uses being
parked on the street, staff is proposing two related changes. The first is to allow
temporary parking, of up to six months on an unpaved area. This would not push
vehicles and trailers onto the street during construction on a site or in unique
situations created by the pandemic, such as shortages of vehicle parts. The second
change is to not allow parking associated with an auto repair and service business
that is located on Main Street to occur in the street. Businesses need to
appropriately size their business - property, buildings, staffing to handle the volume
of business they anticipate and not rely on the public right -of -way for vehicle
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storage as this creates a safety issue and negatively impacts other properties. Staff
is recommending amending Section 21.10.2 General Provisions to add a subsection
L that stipulates that parking and storage of vehicles associated with automobile
repair and services businesses on Main Street cannot occur in the street. Staff is also
recommending that section 21.8.9 Outdoor Display and Storage, subsection 4 be
amended to add an additional subsection D to allow staff to issue permit for
businesses to park vehicles on an unpaved area for up to six months.
Mayor Gutierrez opened the public hearing, and as no one spoke; closed the public
hearing for Council comments.
Assistant City Manager Brian James addressed the following questions from
Members of Council:
• Street parking, enforcement, need dialogue to occur with business owners, and
work with the business owners - specifically Main Street.
• Discussion regarding the possibility of issuing permits for businesses to park
vehicles on an unpaved area for six - months.
• Discussion about the changes to the residential zoning districts to allow R -6
and R -7 zoning and the density and lot size mix of in Planned Development
Districts that utilize these districts
• Post - Decision procedures
• Clarification 60 foot minimum lot size - 50/55 foot lots not acceptable
• Clarification of the PDD "s
• Parking design standards
In conclusion, Mr. James stated that you can recommend approval of the other
sections, not the residential, staff will then look at this and pull it together and see
what we have. Depending upon the record, and worst case scenario we can run this
through Planning and Zoning, but he believes it makes sense if we are going to
make adjustments, that we run it back through Planning and Zoning. Staff is find if
Council recommends approval except the section having to do with the residential
development. We will pull that out and have a clean ordinance at the next meeting.
Moved by Mayor Pro -Tem David Scagliola, seconded by Councilmember
Allison Heyward to approve Ordinance No. 22 -5 -19 except Article 5 Subsection
21.5.2 and 21.5.5 with regard to the intent of residential district.
AYE: Mayor Pro -Tem David Scagliola, Councilmember Mark Davis,
Councilmember Jill Whittaker, Councilmember Michael Dahle,
Councilmember Allison Heyward, Councilmember Tim Brown
Passed
Roll Call Vote Confirmation
Mayor Gutierrez recognized City Secretary Brenda Dennis who provided the Roll Call Vote
Confirmation for Agenda Items 1 through 11.
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Workshop
12. Workshop discussion on the planned road repairs on Old Wiederstein Road
(C.Kelm /S. Williams)
Mayor Gutierrez recognized Assistant Public Works Director Scott McClelland
who provided a PowerPoint presentation regarding the planned Old Wiederstein
Road repairs addressing questions from Council. A copy of the PowerPoint can be
found in the City Secretary's office.
Closed Session
Mayor Gutierrez read the following closed session items into record:
13. The City Council will meet in closed session Pursuant to Texas Government Code
Sec. 551.071 to consult with its attorney to seek advice about a matter in which the
duty of the attorney to the governmental body under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas clearly conflicts with the Open
Meetings Act; to wit: discussion about the various Legal Issues involved in the
development, review, adoption and amendment of Collection Development Policies
for Public Libraries.
Mayor Gutierrez recessed the meeting into Closed Session at 7:31 p.m.
Reconvene into Regular Session
Mayor Gutierrez reconvened back into regular session at 8:44 p.m.
14. Take any action based on discussions held in Closed Session under Agenda Item 13.
Roll Call Vote Confirmation
No roll Call Vote Confirmation as no action was taken.
Information available in City Council Packets - NO DISCUSSION TO OCCUR
Mayor Gutierrez stated that Agenda Item 15 is an informational item only and can be found
in the Council packets as well as can be found on -line.
15. Monthly Update on Major Projects in progress /CIP. (B. James/K. Woodlee)
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Requests and Announcements
*Announcements by the City Manager.
Mayor Gutierrez recognized City Manager Dr. Browne who stated that he attended the
Randolph Metrocom Rotary meeting and was able to give a presentation on the State of
the City. Great session.
*Requests by Mayor and Councilmembers for updates or information from staff.
Mayor Gutierrez recognized Councilmember Heyward who requested information
regarding the street naming process, particular to the Hal Baldwin Parkway and Cibolo
Valley as well as street naming in general.
Mayor Gutierrez recognized Councilmember Davis who requested information
regarding our billing process, specifically with bills that are sent out and the city policy
when the pay -by -date is on a weekend and the policy on grace periods /penalty fees.
• Requests by Mayor and Councilmembers that items or presentations be placed on a
future City Council agenda.
*Announcements by Mayor and Councilmembers
Mayor Pro -Tem Scagliola attended Shred Day at the Chamber and the First Responder
Recognition Event at Retama Park
Councilmember Whittaker participated in the Employee Appreciation Fiesta Luncheon,
attended Love Where You Live, Ribbon - cutting in Cibolo, TIRZ Meeting
Councilmember Dahle attended the First Responder Recognition Event at Retama
Park, TIRZ Meeting
Councilmember Heyward attended a TML 3 -Day Leadership Academy
Councilmember Brown thanked the Neighborhood Services Department for the
presentation they gave at his HOA
Adjournment
Mayor Gutierrez adjourned the meeting at 8:50 pm.
I:I61M.
Brenda Dennis, ity Secretary
IEZin
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