07-26-2022 MinutesMINUTES
REGULAR MEETING
July 26, 2022
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on July
26, 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 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.
Opening Prayer and Pledges of Allegiance to the Flags of the United States and State of
Texas. (Mayor Pro -Tem Scagliola)
Mayor Gutierrez recognized Mayor Pro -Tem Scagliola who provided the opening prayer
followed by the Pledges of Allegiance to the Flags of the United States and the State of Texas.
City Events and Announcements
Announcements of upcoming City Events (B. James /C. Kelm/S. Gonzalez)
Assistant City Manager, Charles Kelm provided the following upcoming
announcements:
Thursday, July 28
Glow in the Park
8:00 PM — 10:00 PM
Ashley Park
Saturday, July 30
Music & Movies in the Park
Movie: Inside Out
7:00 PM — 11:00 PM
Ashley Park
Tuesday, August 2
Next regular scheduled Council meeting
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6:00 PM
Council Chambers
Friday, August 5
Council Budget Retreat
8:00 AM — 4:00 PM
Bluebonnet Hall
Election Information
Filing for place on the ballot has begun for the November 8, 2022 City of Schertz
Joint General Election to elect a Mayor and Councilmembers in Place 1 and 2 for a
three -year term from November 2022 and ending November 2025. Filing ends
August 22, 2022 at 5:00 PM. Candidate packets are available online on the city's
website and can also be obtained in the City Secretary's office, 1400 Schertz
Parkway, Building #2.
. Announcements and recognitions by the City Manager (M. Browne)
City Manager Dr. Browne announced the following promotions:
Greg Rodgers promoted from Assistant Fire Chief to Fire Chief
Madeline Keiholz promoted from EMT to Paramedic
Alicia Sepeda promotion from Communications Officer to Communications Supervisor
Dr. Browne thanked the Public Works Crew and the IT Crew for all the hard work
they did with the new carpet in Building #2, appreciate everything they did to get the job
done and the project is now completed.
Lastly, it has come the time to say goodbye to one of our own and that is Charles Kelm
our Assistant City Manager. Dr. Browne announced he will be departing the City, but
his last day is this Friday. Dr. Browne wanted to say thank you for all the great work
and appreciates his support and certainly has worked extremely hard on behalf of the
City. There are many accomplishments that he can be proud of and appreciates all he
has done and the efforts he has made because he has made a difference in the
City. We wish him the best in his future endeavors.
Announcements and recognitions by the Mayor (R. Gutierrez)
Mayor Gutierrez announced that he has filed his documents and is seeking re- election.
Mayor Gutierrez thanked Mr. Kelm for his contributions and dedication to the City, he
appreciates everything that he has done, and he also wishes him well on his future
endeavors.
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.
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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 Scagliola recognized the following who spoke:
* Ms.Tiffany Gibson, 6939 Hallie Loop, who announced her candidacy for City Council
Place 2.
* Ms. Michelle Watson, 5404 Storm King, who announced her candidacy for City Council
Place 2.
. Mr. Dana Eldridge, 2628 Gallant Fox Drive, who spoke on the need for more funding
for Animal Control.
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 Consent Agenda Items 1 -3 into record.
1. Minutes — Consideration and/or action regarding the approval of the minutes of the
meeting of July 12, 2022. (B. Dennis)
2. Resolution No. 22 -R -74 - Consideration and/or action approving a Resolution by the
City Council of the City of Schertz, Texas authorizing an Interlocal Agreement with
Savvik Buying Group, for Cooperative Purchasing Services, and other matters in
connection therewith. (J. Kurz /J.Golke)
3. Resignations and Appointments to Boards /Commissions /Committees -
Consideration and/or action regarding the resignations and appointments to various
Boards /Commissions /Committees (Council /B. Dennis)
s Resignation of Mr. Richard "Monty" Gonzales from the Historical Preservation
Committee
Mayor Gutierrez asked if there were ant items City Council wished to be removed
from the Consent Agenda. As no items were removed, Mayor Gutierrez asked for a
motion to approve Consent Agenda Items 1 through 3.
Moved by Councilmember Mark Davis, seconded by Councilmember Allison
Heyward to approve Consent Agenda Items 1 through 3.
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
Discussion and Action Items
4. Resolution No. 22 -R -70 - Consideration and/or action approving a Resolution of the
City of Schertz Texas Authorizing the Approval of Development Agreements
with Wiederstein Trust Fund, Brian Beutnagel and Valerie Hartmann, for
approximately 124 acres of land to install on -site sewage facilities and other matters
in connection therewith. (B. James/L. Wood/M. Harrison)
Mayor Gutierrez read the following into record:
RESOLUTION NO. 22-R-70
A RESOLUTION OF THE CITY COUNCIL OF SCHERTZ, TEXAS
AUTHORIZING THE APPROVAL OF A DEVELOPMENT AGREEMENTS
WITH WIEDERSTEIN TRUST FUND, BRIAN BEUTNAGEL AND VALERIE
HARTMANN FOR APPROXIMATELY 124 ACRES OF LAND TO INSTALL
ON -SITE SEWAGE FACILITIES AND OTHER MATTERS IN
CONNECTION THEREWITH
Mayor Gutierrez recognized City Attorney Dan Santee who requested Council
convene into Closed Session. Mayor Gutierrez stated that as a reminder Council can
convene into closed session at any time, therefore at the request of our City Attorney
we will convene into Closed Session,
Closed Session:
Mayor Gutierrez recessed into Closed Session at 6:14 p.m.
Reconvene into Regular Session:
Mayor Gutierrez reconvened into regular session at 6:39 p.m., after discussion and
deliberation regarding Resolution No. 22 -R -70. Mayor Gutierrez stated since there is no
action to be taken the Resolution will stand as previously approved.
Closed Session
Mayor Gutierrez moved to Agenda Item 9 and read the following into record:
9. The City Council will meet in closed session in accordance with Section 551.074 of
the Texas Government Code, Personnel Matters, to conduct the annual evaluation of the
Municipal Judge.
Mayor Gutierrez recessed the regular meeting at 6:40 p.m.
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Reconvene into Regular Session
Mayor Gutierrez reconvened into Regular Session at 6:57 p.m., and moved to Agenda Item
12.
12. Take any action based on discussions held in Closed Session under Agenda Item 9.
A motion was made by the Chair, seconded by Councilmember Dahle to increase
the compensation entitlement to our City Judge and the amounts are as follows:
$1,150.00 for a court session, $950.00 for a jury trial, $575.00 for a special docket,
$100.00 per magistrate.
AYE: Mayor Pro -Tem David Scagliola, Councilmember Mark Davis,
Councilmember Jill Whittaker, Councilmember Michael Dale, Councilmember
Allison Heyward, Councilmember Tim Brown.
Passed
Public Hearings
5. Ordinance No. 22 -S -27 - Conduct a Public Hearing and consideration and/or action
on a request for voluntary annexation of approximately 287 acres of land generally
located 6,050 feet east from the intersection of Trainer Hale Road and FM 1518 also
known as Bexar County Property Identification Numbers 310053, 310060, 310121,
Bexar County, Texas. Final Reading (B. James, L. Wood, M. Harrison)
Mayor Gutierrez recognized Assistant City Manager Brian James who stated this
item was approved by Council at the last meeting, and at the last meeting Council
approved the Development Agreements Associated with these two items. The
Development Agreements are for the properties that are currently not in the City
limits, they authorize those properties to develop under septic and are consistent with
the large 1/2 acre lots on the zoning. We needed to execute those, which we have
done prior to annexation.
The next step is the annexation of the properties into the City followed by the zoning.
Staff recommends approval of this item.
Mayor Gutierrez opened the Public Hearing and as no one spoke; closed the Public
Hearing for Council comments. As there were no comments from Council, Mayor
Gutierrez called for a motion to approve Ordinance No. 22 -S -27 on final reading.
Moved by Councilmember Michael Dahle, seconded by Councilmember Jill
Whittaker to approve Ordinance No. 22 -S -27 on final reading.
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
6. Ordinance No. 22 -S -28 - Conduct a Public Hearing and consideration and/or action
on a request to rezone approximately 362 acres of land to Planned Development
District (PDD), generally located 6,050 feet east from the intersection of Trainer
Hale Road and FM 1518 also known as Bexar County Property Identification
Numbers, 310053, 310060, 310061 and 310121, Bexar County, Texas. Final
Reading (B. James, L. Wood, M. Harrison)
Mayor Gutierrez recognized Assistant City Manager Brian James who stated this is
the largest property you are considering of all three of these related. You can see the
subject property that they are looking to develop is part of the Sterling Grove Project.
Notices have been published, we have covered the Land Use Plan and the current
zoning. Mr. James pointed out that essentially what the Developer is looking to do
and showed an overhead and stated that the property to the right of the overhead
shown that is the larger 1/2 acre property for which not in the City, and we approved
the development agreement. A good portion of the property is going to be a
minimum 1/2 acre lots and the Developer is planning on having those being on a
septic system. There is a small piece that the Development Agreement does not
apply to, if they want to septic those, which we believe they do, as part of the platting
process they would need to ask for this by septic waiver. He stated the left side of the
diagram (west side) is a typical suburban style development and discussed the
development standards being proposed.
Mr. James stated that since the last meeting, the Developer has come in and asked
that the SRF 1 and SRF2 regarding the covered patios be allowed to encroach an
additional 5 feet into the building set back line. Staff is ok with this and have built it
into the Ordinance. Staff is recommending approval and there was discussion
regarding signage, and they have provided graphics, again Staff is recommending
approval as conditioned in the Ordinance.
Mayor Gutierrez opened the Public Hearing and as no one spoke; closed the Public
Hearing for Council comments. As there were no comments from Council, Mayor
Gutierrez called for a motion to approve Ordinance 22 -S -28 on final reading.
Moved by Councilmember Michael Dahle, seconded by Councilmember Jill
Whittaker to approve Ordinance No. 22 -S - +28 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
Workshop
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7. Appointment of the Mayor Pro -Tem - Discussion and consideration and/or action
regarding the confirmation, appointment or election of the Mayor Pro -Tem.
(Mayor /Council)
Mayor Gutierrez stated the Mayor -Pro Tem is a member of the Council who
preforms duties in the Mayor's absence or incapacity. The Mayor Pro -Tem is elected
by the Council with a majority vote. The Mayor Pro -Tem has the right to vote on any
matter that comes before Council while performing their duties as Mayor. The Mayor
Pro -Tem's term is six months.
Mayor Gutierrez thanked current Mayor Pro -Tem David Scagliola for performing his
duties from January 2022 through August 2022.
He stated next rotation for Mayor Pro -Tem will be Councilmember Allison Heyward
and would serve the term August 2022 through February 2023.
Mayor Gutierrez called for a motion to appoint Councilmember Allison Heyward as
the next Mayor Pro -Tem.
Moved by Mayor Pro -Tem David Scagliola, 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
8. 10 Acre Property Acquisition - Discussion regarding potential 10 acre property
acquisition generally at FM 482 and Bunker Street. (M. Browne/B. James)
Mayor Gutierrez recognized Parks Director Lauren Shrum who explained how this
acquisition plan will work into the Schertz Trails System. She stated the City is
currently working on the Great Northern Trail and have made quite a bit of progress.
The goals of the trail system are to connect the community. She stated they have
received input from the community from or Parks Master Plan and Citizen
Satisfaction survey and the top of the list has been trails for citizens to use.
Funding:
Purchase Price $375,000
. Great Springs Project is working on an appraisal and environmental assessment
City staff exploring options to fund the purchase
. Looked at Tree Mitigation Fund ($646,919 reserves) due to the amount of
heritage sized oak trees on the property — not a viable option per legal team
Could take a loan from reserves and pay back over time
$37,000 (unallocated in the Park Fund to date)
$496,000 projected revenues to the Park Fund in 2024
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City would apply for grant funding to develop the property
TPWD Trail Grant $300,000 — February 1, 2023
. TPWD Outdoor Recreation Grant $750,000 — August 1, 2024
# Researching other grants (trail, historical, local foundations)
Maintenance
Property would remain undeveloped initially
Maintenance levels would be at our "natural standard" similar to Crescent Bend
Nature Park
• Mowing in clearing off Bunker Street 6 times a year
• Pipe rail fence surrounds the property so its secure
Trailhead Amenities
• Natural surface parking
• Restroom Facility and Water Fountain
• Trail and interpretive signage
• Picnic Pavilion
Additional Considerations
Deed restrictions on the property
Appraisal and Environmental Assessment
+� Funding
. Parks & Recreation Advisory Board's general consensus for staff to continue to
explore the options to acquire this property
Council feedback
Assistant City Manager Brian James stated we have a short window and there is still
work to be done if we want to move forward on this to include exhausting all funding
options. He asked if this is something Council would like to have Staff work on.
Mayor Pro -Tem Scagliola stated he loves this idea and the possibility of
having bicyclists utilize this area. He appreciates Staff looking outside the box and
thinking of what Parks could be.
Councilmember Heyward likes the idea because it brings a nature trail on the
northern part of the City. She appreciates the staff looking at options to funding it.
Councilmember Dahle likes the idea, but has concerns about making sure Staff can
take care of the maintenance.
Councilmember Davis stated it is worthwhile pursuing for its location and the
potential to draw people in and connect to other trails. He shared the concern of
maintenance of the park but stated this type of park being a nature park, we should be
able to maintain it.
Councilmember Brown is also in favor of this project.
Mayor Gutierrez has some hesitation because the city currently has 26 parks, and we
currently have parks that need attention. He would also like to see a plan and have
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visuals of what this park could be.
Mayor Gutierrez stated there is a consensus to have Staff continue with this project.
Roll Call Vote Confirmation
Mayor Gutierrez recognized City Secretary Brenda Dennis who provided roll call
confirmation on Consent Agenda Items 1 -3 and Agenda Items 5, 6, 7 and Item 12.
Closed Session
Mayor Gutierrez read the following into record:
10. The City Council will meet in closed session in accordance with Section 551.074 of
the Texas Government Code, Personnel Matters, to discuss the direction to fill the City
Manager vacancy.
11. The City Council will meet in closed session in accordance with Section 551.072,
Texas Government Code deliberation regarding the purchase, exchange, lease, or value of
Real Property for future roadways, roadway extensions, and roadway expansions.
Reconvene into Regular Session
13. Take any action based on discussions held in Closed Session under Agenda Item 10.
No action taken.
14. Take any action based on discussions held in Closed Session under Agenda Item 11.
Mayor Gutierrez asked for a motion regarding the purchase, exchange, lease or value of
Real Property for future roadways, roadway extensions, and roadway expansions.
Councilmember Mark Davis made a motion for the City to enter in to an agreement to
purchase subject property for the amount not to exceed $3.58 million, subject to
coordination, review and approval of the purchase contract by the City Manager and the
City Attorney.
Moved by Councilmember Mark Davis, seconded by Councilmember Michael
Dahle
AYE: Mayor Pro -Tern David Scagliola, Councilmember Mark Davis,
Councilmember Jill Whittaker, Councilmember Michael Dahle,
Councilmember Allison Heyward, Councilmember Tim Brown
Passed
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Roll Call Vote Confirmation
Mayor Gutierrez recognized City Secretary Brenda Dennis who provided the roll call vote
confirmation for Agenda Item 14.
Information available in City Council Packets - NO DISCUSSION TO OCCUR
Mayor Gutierrez stated that Agenda Items 15 and 16 are Informational items and can be
found in the Council packets as well as can be found online.
9. Quarterly Financial Reports
Information provided to Council in the Agenda Packet and are available for viewing
on Schertz.com website.
10. Update on Annexations and Delayed Annexation Agreements (Requested by Council
Member Davis)
Information provided to Council in the Agenda Packet and are available for viewing
on Schertz.com website.
Requests and Announcements
Announcements by the City Manager.
No further announcements.
* Requests by Mayor and Councilmembers for updates or information from staff.
No requests for updates or information from staff.
Requests by Mayor and Councilmembers that items or presentations be placed on a
future City Council agenda.
No items requested.
Announcements by Mayor and Councilmembers
Councilmember Mark Davis stated he attended the Parks and Recreation Advisory
Board meeting
Councilmember Jill Whittaker stated she attended the NEP Meeting
Councilmember Michael Dahle stated he attended the Chamber Luncheon
Councilmember Allison Heyward stated she attended the following events. Animal
Advisory Board meeting, Kung Jung Mu Sul Studio for a discussion on Leadership, the
NEP meeting, Main Street Committee meeting, the Chamber Luncheon, Police Jr.
Academy, First Footings of New Braunfels meeting
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Adjournment
Mayor Gutierrez adjourned the meeting at 8:09 p.m.
9ph, G�iitierrez, Mayor
ATTEST:
renda Dennis, City Secretary
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