11-01-2022 MinutesMINUTES
REGULAR MEETING
November 1, 2022
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on
November 1, 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 Allison Heyward; Councilmember Mark
Davis; City Council Place 2 - Vacant; Councilmember Jill Whittaker; Councilmember
Michael Dahle; Councilmember David Scagliola; Councilmember Tim Brown
City City Manager Mark Browne; Assistant City Manager Brian James; City Attorney
Staff: Daniel Santee; Assistant to the City Manager Sarah Gonzalez; Interim 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 Jill Whittaker who provided the opening prayer
followed by the Pledges of Allegiance to the Flags of the United States and State of Texas.
Presentations
• Proclamation -Municipal Court Appreciation Week -November 7th-1 Ith, 2022
Mayor Gutierrez proclaimed the week of November 7th -1 lth, 2022 as Municipal Court
Appreciation Week and presented Municipal Court Clerks with the Municipal Court
Appreciation Week Proclamation.
. Proclamation -International Accounting Day -November 1 Oth, 2022
Mayor Gutierrez proclaimed November 10, 2022, as International Accounting Day
and presented James Walters, City of Schertz Finance Director, and Babett Martin, City
of Schertz Assistant Finance Director, with the International Accounting Day 2022
Proclamation.
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City Events and Announcements
■ Announcements of upcoming City Events (B. James/S. Gonzalez)
Mayor Gutierrez recognized Assistant to the City Manager Sara Gonzalez who provided
the following information:
Early voting for November 8 General Election continues through Friday, November 4,
2022
Check the City Website for locations, dates and times.
Tuesday, November 8
Election Day
Refer to City Website for locations
Thursday, November 10
Northeast Partnership Monthly meeting
11:30 a.m.
Olympia Hills Golf Course and Conference Center
RSVP to Sheila
Friday, November 11
Veterans Day
City Offices Closed
Veterans Day Celebration - Schertz, Cibolo & Selma
9:00 a.m.
Cibolo City Hall, 200 S. Main Street, Cibolo
Saturday, November 12
Nature Discovery Series
10:00 - 11:00
Crescent Bend Nature Park, 12805 Schaefer Road
Friday, November 18
Hal Baldwin Scholarship Golf Tournament
Registration and Check -in starting at 7:00 a.m.
Shotgun start at 9:00 a.m.
Olympia Hills Golf Course
Monday, November 21
City Council Meeting to Canvass November 8 Election
6:00 p.m.
City Council Chambers
Thursday, November 24
Thanksgiving
City Offices Closed
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Friday, November 25
Thanksgiving Holiday
City Offices Closed
Saturday, November 26
Star Party
5:00 - 8:00
Crescent Bend Nature Park, 12805 Schaefer Road
Thursday, December 1
Deck the City Hall Tree Lighting Ceremony
6:00 p.m.
Hal Baldwin Municipal Complex, City Hall Bldg.
Saturday, December 3
Holidazzle
8:00 a.m. - 7:00 p.m.
Hal Baldwin Municipal Complex
Tuesday, December 6
Next regular scheduled City Council Meeting
6:00 p.m.
Council Chambers
. Announcements and recognitions by the City Manager (M. Browne)
City Manager Dr. Mark Browne recognized and thanked Chief Rogers and the Fire
Department for the success of the Trunk -or -Treat event.
Recognized and thanked Patti Casas fand the Municipal Clerks for the service they
provide.
Recognized and thanked James Walters and the Finance Department staff for the work
they do on behalf of the City.
• Announcements and recognitions by the Mayor (R. Gutierrez)
Mayor Gutierrez had no additional announcements or recognitions at this time.
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.
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Mayor Gutierrez asked Mayor Pro-Tem Heyward to call the first speaker.
Mayor Pro-Tem. Heyward recognized the following speakers:
Maggie Titterington, 1730 Schertz Parkway
Chamber Updates and Appreciation Recognition
Skylight was a big success in spite of not being able to float but they did have tethered
balloon rides, Record 22,000 people in attendance. Moving the event to the last weekend
in September next year, September 29-30.
The Chamber Military Affairs Committee has been working with the City of Cibolo on
the November 1 lth Veterans Day Ceremony. The keynote speaker will be Brigadier
General Russell Driggers, Commander 502nd Air Base JBSA Randolph.
Special thanks for the work done on the Kramer House for their Ribbon Cutting to the
following individuals:
John WIlston
Joe Villerreal
Bruno Sepeda
Jeremiah Yandal
Chad Lonsberry
Sammy Maieda
Toby Salazar
Doug Ledbetter
Coyle French
Trevor Walker
Buddy Lewis
Michael Hernandez
Kevin Anderson
Jared Motney
Larry May
Ian Kind
Diego Isaac
Cole Moody
Nick Cromer
Ray Taikienko
Robert Dobratz
Office of Lexis Taylor
Ribbon Cutting and Grand Re -opening for First United Bank on Monday, November
5th. Ms. Titterington expressed her many thanks to Brian James and his team for helping
get the renovations underway.
She recognized the Coldwell Banker and Health Texas items on the Consent Agenda and
expressed her thanks and gratitude for the assistance given by Dr. Browne, Brian James,
the development team, and GVEC which helped them overcome some of the
challenges, enabling them to break ground. She also recognized Adrian Perez and the
EDC Board of Directors for their help in getting Coldwell Banker and Health Texas to
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this point.
There were no additional comments from residents.
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 Consent Agenda Items 1- 4.
1. Minutes — Consideration and/or action regarding the approval of the minutes of the
regular meeting of October 11, 2022 and regular meeting of October 25, 2022.
(S.Edmondson)
2. Resolution 22-R-127- A Resolution by the City Council of the City of Schertz
authorizing an agreement with UBEO Services, LLC for the upgrade of
multi -function printers and copiers and other matters in connection therewith. (M.
Brown/J. Kurz/J. Gohlke)
3. Resolution No. 22-R-110 - A Resolution by the City Council of the City of Schertz,
Texas authorizing an Economic Development Performance Agreement between the
City of Schertz, City of Schertz Economic Development Corporation and 3009 OAC
Investments, LLC. (M. Browne/ A. Perez)
4. Resolution No. 22-R-111 - A Resolution by the City Council of the City of Schertz,
Texas authorizing an Economic Development Performance Agreement between the
City of Schertz, City of Schertz Economic Development Corporation and Schertz RE
Company, LLC. (M. Browne/ A. Perez)
5. Resolution No. 22-R-104 - A Resolution by the City Council of the City of Schertz,
Texas authorizing an Economic Development Performance Agreement between the
City of Schertz, City of Schertz Economic Development Corporation and Schertz
Medical Building, LLC. (M. Browne/ A. Perez)
Mayor Gutierrez asked if any items needed to be removed for discussion. No requests
to move items from Consent were received. Mayor Gutierrez asked for a motion to
approve Consent Agenda Items 1 - 4.
Moved by Mayor Pro-Tem Allison Heyward, seconded by Councilmember Tim
Brown
AYE: Mayor Pro-Tem. Allison Heyward, Councilmember Mark Davis,
Councilmember Jill Whittaker, Councilmember Michael Dahle,
Councilmember David Scagliola, Councilmember Tim Brown
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Passed
Discussion and Action Items
6. Ordinance 22-T- 43 - An Ordinance by the City Council of the City of Schertz,
Texas authorizing an adjustment to the Fiscal Year 2022-2023 Budget to fund
audio/visual improvements for Municipal Court, repealing all ordinance or parts
of ordinance in conflict with this ordinance; and providing an effective date. First
Reading (M.Browne/J.Walters)
Mayor Gutierrez read the following into the record:
ORDINANCE NO.22-T-43
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AUTHORIZING AN ADJUSTMENT TO THE FISCAL YEAR
2022-2023 BUDGET TO FUND AUDIOVISUAL IMPROVEMENTS FOR
MUNICIPAL COURT, REPEALING ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND
PROVIDING AN EFFECTIVE DATE
Mayor Gutierrez recognized Finance Director James Walters, who explained the need
for the additional audio/visual improvements is to allow municipal court to be held in
the Council Chamber. The current courtroom is slated for renovations to create office
space for new personnel. The funding to be utilized for the audio/visual
improvements required for the municipal court will come from court technology
restricted funds that can only be used for core technology upgrades. The current fund
balance is $507,000. This adjustment will provide the additional $10,000 required to
accommodate court needs.
Mayor Gutierrez called for a motion to approve Ordinance No. 22-T-43.
Moved by Councilmember Tim Brown, seconded by Mayor Pro-Tem Allison
Heyward
AYE: Mayor Pro-Tem Allison Heyward, Councilmember Mark Davis,
Councilmember Jill Whittaker, Councilmember Michael Dahle,
Councilmember David Scagliola, Councilmember Tim Brown
Passed
7. Resolution 22-R-128 - Consideration and/or action approving a Resolution amending
the Schertz Main Street Area Preservation Incentive Program. (B. James)
Mayor Gutierrez read the following into the record:
RESOLUTION NO.22-R-128
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
read signifying the Landmark designation. Once they are on the Landmark
designation list, they can apply for the grant. The application goes to the Historic
Preservation Committee first, and if approved, it then goes to Council.
Mayor Gutierrez asked how long they would need to wait to apply for a second grant.
Mr. James stated that currently awards are made on a one-time basis.
Mayor Gutierrez called for a motion to approve Resolution 22-R-128.
Moved by Mayor Pro-Tem Allison Heyward, seconded by Councilmember Tim
Brown Motion made and amended to approve Resolution 22-R-128 with addition
of verbiage that states grants will be limited to exterior structural or aesthetic
modifications that are approved and coordinated through the Historical
Preservation Committee.
AYE: Mayor Pro-Tem Allison Heyward, Councilmember Mark Davis,
Councilmember Jill Whittaker, Councilmember Michael Dahle,
Councilmember David Scagliola, Councilmember Tim Brown
Passed
8. Ordinance No. 22-S-41- Consideration and/or action on a request to rezone
approximately 15 acres of land from Pre -Development District (PRE) to Planned
Development District (PDD), generally located approximately 2,200 feet southeast of
the intersection of Lower Seguin Road and FM 1518, also known as Bexar County
Property Identification Number 309997 and 309999, City of Schertz, Bexar County,
Texas. Final Reading (B. James / L. Wood / E. Delgado)
Mayor Gutierrez stated for the record that Councilmember Dahle had stepped down
from the dais. Councilmember Dahle is the property and has signed an affidavit
regarding a conflict of interest regarding this ordinance.
Mayor Gutierrez read the following into record:
ORDINANCE NO.22-S-41
CONSIDERATION AND/OR ACTION ON A REQUEST TO REZONE
APPROXIMATELY 15 ACRES OF LAND FROM PRE -DEVELOPMENT
DISTRICT (PRE) TO PLANNED DEVELOPMENT DISTRICT (PDD),
GENERALLY LOCATED APPROXIMATELY 2,200 FEET SOUTHEAST OF
THE INTERSECTION OF LOWER SEGUIN ROAD AND FM 1518, ALSO
KNOWN AS BEXAR COUNTY PROPERTY IDENTIFICATION NUMBER
309997 AND 309999, CITY OF SCHERTZ, BEXAR COUNTY, TEXAS. FINAL
READING.
Mayor Gutierrez recognized Councilmember Scagliola. Councilmember Scagliola
stated he is in favor of Workforce housing and this development satisfies a significant
need in our community, so he is in favor of the development. However, he objected to
a seeming disregard for the voice of the people. He stated it is the absolute
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responsibility of the developer to ensure projects in our city are perceived as being
beneficial to our community. It is the responsibility of the developer to inform the
residents and ensure they're objections are heard and addressed. He did not feel that
was accomplished.
Mayor Gutierrez called for a motion to approve Ordinance No. 22-S-41.
Moved by Councilmember Tim Brown, seconded by Mayor Pro-Tem Allison
Heyward ,
AYE: Mayor Pro-Tem Allison Heyward, Councilmember Mark Davis,
Councilmember Jill Whittaker, Councilmember Michael Dahle,
Councilmember David Scagliola, Councilmember Tim Brown
Passed
9. Resolution 22-R-129- Consideration and/or action approving an amendment to the
contract for upgrades to the Council Chambers with Bluum USA, Inc. (B. James, M.
Clauser)
Mayor Gutierrez asked Councilmember Dahle to rejoin Councilmembers on the dais.
Mayor Gutierrez read the following into the record:
RESOLUTION NO. 22-R-129
CONSIDERATION AND/OR ACTION APPROVING AN AMENDMENT TO
THE CONTRACT FOR UPGRADES TO THE COUNCIL CHAMBERS WITH
BLUUM USA, INC.
Mayor Gutierrez recognized Assistant City Manager Brian James. ACM James
explained that the amendment to the contract is required in order to make the
necessary audio/visual improvements in the Council Chambers to accommodate the
Municipal Court.
Mayor recognized Councilmember Davis who asked if the contract included updated
outlets with the USB port. Jack Bluebird, IT Department, responded affirmatively.
Councilmember Scagliola asked for the start date. Mr. Bluebird responded by
stating late December.
Mayor asked if there were any other questions or comments. None were expressed.
Mayor Gutierrez called for a motion to approve Resolution 22-R-129.
Moved by Councilmember Mark Davis, seconded by Councilmember Jill
Whittaker
AYE: Mayor Pro-Tem Allison Heyward, Councilmember Mark Davis,
Councilmember Jill Whittaker, Councilmember Michael Dahle,
Councilmember David Scagliola, Councilmember Tim Brown
Passed
Roll Call Vote Confirmation
Mayor Gutierrez recognized Interim City Secretary Sheila Edmondson who provided roll call
confirmation for Consent Agenda Items 1-4 and Agenda Items 5-8.
Closed Session
10. City Council will meet in closed session under Section 551.087 of the Texas
Government Code, Deliberation Regarding Economic Development Negotiations;
Closed Meeting. The governmental body is not required to conduct an open meeting
(1) to discuss or deliberate regarding commercial or financial information that the
governmental body has received from a business prospect that the governmental body
seeks to have locate, stay, or expand in or near the territory of the governmental body
and with which the governmental body is conducting economic development
negotiations; or (2) to deliberate the offer of a financial or other incentive to a
business prospect.
Project E-86j
*Project E-88
11. The City Council will convene in closed session pursuant to Section 551.071 of the
Texas Government Code to conduct a private consultation with its attorney about
pending or contemplated litigation or a settlement offer on one or more of the
following matters: Green Valley Special Utility District vs. City of Schertz et al Case
No. 17-CV-00819-LY (U.S. District Court, Western District of Texas, Austin
Division); City of Schertz v. United States Department of Agriculture, et al., No.
19-51056 (U.S. Fifth Circuit Court of Appeals); City of Schertz, Texas v. Texas
Commission on Environmental Quality, et al. No. 07-20-00167-CV (Seventh Court of
Appeals, Amarillo, Texas); Green Valley Special Utility District v. the Public Utility
Commission of Texas and DeAnn T. Walker; Arthur C. D'Andrea, Jr.; Shelly
Botkin;in their official capacities as Commissioners of the Public Utility Commission
of Texas; and John Paul Urban in his official capacity as Executive Director the
Public Utility Commission of Texas; and the City of Schertz, Texas. Cause No.
D-1-GN-18-000535, In the District Court of Travis County, Texas, 419th Judicial
District; Application of Green Valley Special Utility District for New TPDES Permit,
No. WQ0015917-001 (Texas Commission on Environmental Quality)
12. 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 on an
appointment of a new City Manager.
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13. The City Council will meet in Closed Session under Section 551.074 of the Texas
Government Code, Personnel Matters, to discuss the vacancy of the City Secretary
position.
Reconvene into Regular Session
14. Take any action based on discussion held in Closed Session under Agenda Item 9.
Start time: 7:28 p.m.
End time: 7:41 p.m.
No action taken on Agenda Item 9.
15. Take any action based on discussions held in Closed Session under Agenda Item 10.
Start 6:55 p.m.
End 7:41 p.m.
No action taken on Agenda Item 10.
16. Take any action based on discussions held in Closed Session under Agenda Item 11.
Start time: 8:16 p.m.
End time: 8:25 p.m.
Mayor Gutierrez asked for a motion. Mayor Pro-Tem Heyward made a motion to
appoint Steve Williams as the City Manager with an effective date of 1 December.
Seconded by Councilmember Scagliola.
Moved by Mayor Pro -Tern Allison Heyward, seconded by Councilmember David
Scagliola
AYE: Mayor Pro-Tem Allison Heyward, Councilmember Mark Davis,
Councilmember Jill Whittaker, Councilmember Michael Dahle,
Councilmember David Scagliola, Councilmember Tim Brown
Passed
17. Take any action based on discussions held in Closed Session under Agenda Item 12.
Start time: 8:28 p.m.
End time: 8:35 p.m.
No action taken on Agenda Item 12.
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Roll Call Vote Confirmation
Mayor Gutierrez recognized Interim City Secretary Sheila Edmondson who provided roll call
confirmation for Closed Session Agenda Item 10.
Information available in City Council Packets - NO DISCUSSION TO OCCUR
Requests and Announcements
• Announcements by the City Manager.
Dr. Browne welcomed the new City Manager, Steve Williams.
■ Requests by Mayor and Councilmembers for updates or information from staff.
No requests by Mayor or Councilmembers for updates or information from staff.
• Requests by Mayor and Councilmembers that items or presentations be placed on a
future City Council agenda.
No requests by Mayor or Councilmembers that items or presentations be placed on a
future City Council agenda.
• 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 -Tern Heyward welcomed Steve Williams as the new City Manager.
Attended the EDC meeting as City Council Liaison.
Attended the 'Live to Lead Leadship Conference' with Jay Johnson.
Ribbon cutting for Nolan Agency, a health care insurance company.
Ag event at elementary school.
Councilmember Davis welcomed Steve Williams to Schertz.
Councilmember Whittaker welcomed Steve Williams.
Attended Coffee with the Chamber.
Attended the Historic Preservation Committee Meeting.
Attended First United Bank Community Prayer Event.
Councilmember Dahle welcomed Mr. Williams.
Attended the first meeting of the Schertz Young Leaders Program.
Attended CVLGC Meeting.
Councilmember Scagliola
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Attended Chamber Rlbbon cutting ceremony for Kramer House.
Attended the Domestic Violence Observance in Cibolo.
Voted
Councilmember Brown welcomed Mr. Williams.
Adjournment
Mayor Gutierrez adjourned the meeting at 8:45 p.m.
ATTEST:
Sheila niondson, Inferim City Secretary
me f
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