02-28-2023 MinutesMINUTES
REGULAR MEETING
February 28, 2023
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on
February 28, 2023, at 6:00 p.m. in the Hal Baldwin Municipal Complex Civic Center, 1400
Schertz Parkway, Building #5, Schertz, Texas. The following members present to-wit:
Present: Mayor Ralph Gutierrez; Councilmember Allison Heyward; Councilmember Mark
Davis; Councllmember Michelle Watson; Councilmember Jill Whittaker;
Councilmember Michael Dahle; Councilmcmbcr David Scagliola
Absent:
City
Staff:
Mayor Pro-Tern Tim Brown
City Manager Steve Williams; Deputy City Manager Brian James; Assistant City
Manager Sarah Gonzalez; City Attorney Daniel Santee; City Secretary Sheila
Edmondson; Deputy City Secretary Sheree Coumcy
Call to Order
Mayor Gutierrez called the meeting to order at 6:02 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 and
led the Pledges of Allegiance to the Flags of the United States and State of Texas.
Proclamations:
•Career and Technology Education Month -March 2023
Mayor Gutierrez presented the Career and Technology Education Month Proclamation
for the month of Febrnary to Ms. Amy Massey, CTE Coordinator for the
Schertz-Cibolo-Universal City Independent School District. Ms Massey thanked
the City Council and City of Schertz for their suppott of the CTE Program which has
grown to 115 courses across SCUCISD.
•National Employee Appreciation Day-March 3, 2023
Mayor Gutierrez presented the National Employee Appreciation Day Proclamation
recognizing March 3, 2023, as National Employee Appreciation Day to Ms. Jessica
Kurz, Director of HR and Purchasing for the City of Schertz. Ms. Kurz thanked the
Mayor and City Council for their support of the employees of the City of Schertz.
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City Events and Announcements
•Announcements of upcoming City Events (B. James/S. Gonzalez)
Mayor Gutierrez recognized Assistant City Manager Sarah Gonzalez who provided the
following:
Saturday, March 4
Kick Cancer Pep Rally and 5K Run
8:00 a.m. Check-in
9:00 a.m. Start
Pickrell Park
More information can be found on the website at www.schertz.com
Tuesday, March 7
Next regular scheduled City Council Meeting
6:00p.m.
Municipal Courtroom
•Announcements and recognitions by the City Manager (S. Williams)
No announcements and recognilions were made by City Manager Steve Williams.
•Announcements and recognilions by the Mayor (R. Gutierrez)
Mayor Gutierrez thanked staff and conununity volunteers who participated in the "Clean
the Creek" event.
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.
Councilmember Heyward recognized the following:
Norman St. Clair who declined to speak.
Doug Yound, 3701 Hillside, Sche11z, TX. Mr. Yowtd requested a procedural change.
He stated that every resolution and ordinance in the packet has an approval date
indicated when in fact they are not approved.
Maggie Titterington, 1730 Schertz Parkway, Schertz, TX. Ms. Titterington provided an
update on t1le foJJowing Chamber of Commerce events.
•Health and Home Show was a great success with almost 400 attendees in a 3-hour
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period. She thanked Council for their partnership. The Home portion was
introduced this year and was hugely successful. They will expand the Home
portion of the event, which will be held on the last Saturday of January at the Civic
Center. Have a community sponsor for the Home portion that will be announced at
a later date.
•She thanked the City for the State of the Cities address. Loved the skit version on
the video.
•Two ribbon cuttings
•March 15: UR Ship & Print at 4:00 p.m. on FM 78
•March 22: Gray House Blooms at l 0:00 a.m. on Main Street
• She thanked the City for the Loca1 Flavor Grant that was awarded to Gray House
Blooms
•April 1: Arumal Shred Day. Residents can bring up Lo 5 boxes of paper lo be
shredded, but also any metal items such as laptops. Free service but are asking for
$5 donations which wi11 go to Operation Comfort. 50% of the proceeds collected
wi11 go to Operation Comfort.
Charles Boyle, who declined to speak.
Councilmember David Scagliola recognized the foJJowing:
Reed Carr, 3509 Columbia Drive, in Northcliffc. Concerned with the Zoning change
that will put a lot of people in a small space. Northcliffe is separate from Scenic Hills,
Fairways and Fairhaven. Too many units proposed. Area cannot tolerate the additional
traffic. This will be detrimental effect on the neighborhood.
Ana Brnno-Andino, 3701 Columbia Dr., concerned with overdevelopment of the
area. Increase in air pollution and concern for the ground. Home had foundation fixed
last year and is needing repair again due to drought. Golf course is used for walking,
talking to neighbors, and place for children to play.
Maureen Maus~ 3434 Wimbledon Dr., declined to speak.
Richard Maus, 3434 Wimbledon Dr., requested and was granted additional time prior to
the meeting. Major concern this evening is Ordinance 23-S-02. Does not understand
why application is being considered by City staff It is clear in the City's UDC this area
is not appropriate for multi-family homes. This will increase traffic congestion.
Carol Davis, 3337 Wimbledon Dr., expressed disdain and stated she felt her concerns
for her neighborhood were not being addressed appropriately by City leaders.
Pedro and.Sally Macias, 3777 Pebble Beach, did 11ot respond to invitation to speak.
Samantha Goggans, 3401 Foxbriar Lane, concerns with the development in the area.
Traffic congestion, school buses ]ate every day, no coordination between the cities
developing in the area. New residents will add to the traffic congestion. Only one road
out of the neighborhood to FM 1103. Drop-off al local schools is unsafe now due to the
amou11t of vehicular travel. Cares about the community and asks that the Council look
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closer at the traffic issues that will be compotmded.
Angela (Mike) Sills, 6108 Covers Cove, has pond behind her. Location where the
Senior Center is planned to be built and now with Town Homes. People wanted that
feel of living on the golf course which is why they purchased their homes. Asked
Council to consider alternative developments, such as a conununity park. People walk
the trail around the golf course and meet up at the pond. Putting buildings there will
bring lights, traffic, and security issues.
Consent Agenda Items
The Consent Agenda is considered self-explanatory and will be enacted by the Council with
one motion. There wilJ be no separate discussion of these items unless they are removed from
the Consent Agenda upon the request of the Mayor or a Councihnember.
Mayor Gutierrez read Items # 1 - 8 for the record.
1. 1\iinutes -Consideration and/or action regarding the approval of the following
minutes from the regular meeting on February 7, 2023. (S. Edmondson/S.Coumcy)
2. Appointment/Reappointment For Boards/Commissions/Committees:
•Accept resignation of Robert Durham of the Schertz Historical Preservation
Committee. (S. Edmondson)
3. Resolution 23-R-14 -Consideration and/or action approving a Resolution by the
City Council of the City of Schertz, TX, to approve an agreement with Southwest
Regiona] Advisory Council (STRAC) to participate in the EMS Workforce Education
Fwiding Program. (S. Williams/I. Mabbitt)
4. Resolution 23-R-15 -Consideration and/or action approving a Resolution by the
City CoWlcil of the City of Schertz~ TX, to approve an agreement with SHIELD6 l 6
to participate in the SHTELD616 Program. (S. Williams/J. Mabbitt)
S. Resolution No. 23-R-03 -Consideration and/or action approving a Resolution by the
City Council of the City of Schertz, Texas authorizing the City Manager to sign on
behalf of the City of Schertz, applications to rep lat Lot 1, Block 41 of the Live Oak
Hills Addition as part of the proposed Heritage Oaks Subdivision. (S. Williams/B.
James)
6. Resolution No.23-R-17· 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 Recovery Capital Improvements Plan, and other
matters in connection therewith. (B. James/K. Woodlee)
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7. Resolution 23-R-08 -Consideration and/or action approving a Resolution by the
City Council of the City of Schertz, Texas authotizing the City Manager to enter into
agreements wilh Maldonado Nursery & Landscaping and Brightview Landscape
Services, for landscape maintenance of medians, parkways, and public ground (S.
Gonzalez/L. Shrum)
8. Resolution No. 23-R-18 -Consideration and/or action approving a Resolution by the
City Council of the City of Schertz, Texas apprpving a request for a Schertz Main
Street Local Flavor Economic Development Grant for 817 Main Street.
(S.Williams/B. James)
Mayor Gutierrez asked for a motion to approve Consent Agenda Items #1-8.
Moved by Councilmember Mark Davis, seconded by Councilmember David
Scagliola
A YE: Councilmember Allison HeY'¥ard, Councilmember Mark Davis,
Councilmember Michelle Watson, Councilmember Jill Whittaker,
Councilmember Michael Dahle, Councilmember David Scagliola
Passed
Discussion and Action Items
9. Resolution No. 23-R-20 -Consideration and/or action approving a Resolution by the
City Council of the City of Schertz, Texas approving and authorizing a CCN transfer
between the City of Selma and City of Schertz to amend CCN boundaries and other
matters in connection therewith. (B. James/L. Busch/S. Mayfield)
Mayor Gutierrez reco&>nized Stephen Mayfield, Water/Wastewater Manager, City of
Schertz, who explained the transfer of the certificate of needs and necessity from
Selma CCN to the City of Schertz CCN. The area, lcoated at the end ofTejas, is
within Schertz CCN and is preparing for development.
Mayor Gutienez asked for a motion to approve Resolution 23-R-20.
Moved by Counci.lmember David Scagliola, seconded by Councilmember Mark
Davis
A YE: Counci1member Allison Heyward) Councilmember Mark Davis,
Councilmember Michelle Watson, ColUlcilmember Jill Whittaker,
Councilmember Michael Dahle, Councilmember David Scagliola
Passed
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10. Resolution No. 23-R-19 -Consideration and/or action approving a Resolution by the
City Council of the City of Schertz, Texas accepting the Annual Comprehensive
Financial Report -ACFR Fiscal Year 2021-22. (S. Gonzalez/J. Walters)
Mayor Gutierrez recognized Babett Martin, Assistant Finance Director, who
introduced Mr. Travis Rogers, CPA with Patillo, Brown, and Hill based out of Waco.
Mr. Rogers presented the audit results for fiscal year ended September 30, 2022.
Independent Auditors Report, letter issued by the auditors, format has been changed
from prior years in accordance with GAAP and Auditing Standards. Opinion
rendered stated the City of Schertz financial statements represent fairly in all material
respects. This is the highest level of assurance the auditor is able to provide. Mr.
Rogers asked if there were any questions or comments.
Mayor Gutienez thanked Mr. Rogers for his presentation and opened the floor to
Council discussion. Councilmember Scagliola thanked James Walters for overseeing
the City's financial processes and Mr. Rogers for conducting such a thorough audit
Mr. Walters thanked the City departments for their assistance to the auditors and
Finance Department to get the audit done in such a timely manner.
Mayor Gutierrez thanked Mr. Walters for his comments and for the work he and his
team do for the City.
Mayor Gutierrez asked for a motion to approve Resolution 23-R-19.
Workshop
Moved by Councilmember David Scagliola, seconded by Councilmember
Michael Dahle
A YE: Councilmember Allison Heyward, Councilmcmber :Mark Davis,
Councilmember Michelle Watson, Counci1member Jill Whittaker,
Councilmember Michael Dahle, Councilmember David Scagliola
Passed
11. Annual Racial Profihng Report PD -2022
Mayor Gutierrez recognized Chief Lowery who presented the Racial Profiling Report
for the City. He explained the legal definitions of Racial Profling vs Criminal
Profiling. He shared traffic stop statistics and explained the Schertz Police
Department's (SPD) policy and training requirements. Written warnings for all
traffic stops are required for data collection. SPD received zero racial profiling
complaints in CY2022 as well as the prior year. 98-99% of traffic stops) the race of
the driver is unknown. Avrage across Texas is 96-97%. The number of traffic stops
that are ticketed are equal across the board, no disparity by race. Additionally, the
focus of the SPD is on the quality of traffic stops, not on the quantity of traffic stops.
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Mayor Gutierrez thanked Chief Lowery for the presentation and everything he does
to ensure the safety and security of the residents. He wou1d like to see statistics
based on sectors. He then opened the floor to council for discussion.
Mayor Gutien-ez recognized Councilmember Dahle who asked what type of guidance
is provided to officers regarding when to write citations. Chief responded that he
encourages officer discretion. He avoids providing guidance that could lead to
quotas. Officer should know before he gets out of his vehicle whether he will be
writing a citation.
Mayor Gutierrez recognized Councilmember Davis who thanked Chief Lowery for
the report and asked if it was the same as the one that is submitted to TCOLE. There
was concern that some of the numbers were misleading. Chief Lowery
responded that he wasn't sure how Council could have received infonnation from a
corrupted file and explained why the numbers could be ditlerent.
Public Hearings
12. Ordinance No. 23-S-Ol -Conduct a public hearing and consideration and/or action
on a request to rezone approximately 12.5 acres of land from Planned Development
District (PDD) to Planned Development District (PDD), generally located
approximately 1,500 feet southwest of the intersection bet\:veen Schertz Parkway and
Maske Road, City of Schertz, Guadalupe County, Texas, also known as the ·windy
Meadows Subdivision Unit 4. Fil'st Reading (B. James, L. Wood, E. Delgado)
Mayor Gutierrez recognized Emily Delgado, Planning Manager, who explained the
request to rezone and showed Council a map of the subject property. The property
aligns with Maske Road and is an established manufactured home community.
Notice was sent to property owners surrounding the property on January 13, 2023.
Public Hearing Notice was published in the Express-News on February 8, 2023. As
of today's date no responses in support of or opposed to have been received.
Ordinance passed in 2020 required homes to be 10 feet back from the fence location.
Fence that was established is 10 feet inside subject property. By doing so they created
spaces too small for full size manufactured homes. Proposed PDD to PDD will
change the setback from 10 feet to 7 .5 feet to allow for the full size manufactured
homes only along the Maske Road side. Change was made due to traffic and safety
concerns. Plan has been reviewed by Public Works and Engineering. Planning and
Zoning committee recommended approval by unanimous vote. Staff recommended
approval of Ordinance 23-S-O 1 .
Mayor Gutierrez opened the Public Hearing. No one spoke.
Mayor Gutierrez opened the floor to Council for discussion. No discussion occurred.
Mayor Gutierrez asked for a motion to approve Ordinance 23-S-O 1.
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Moved by Councilmember Jill Whittaker, seconded by Councilmember David
Scagliola
A YE: Councilmember Allison Heyward, Councilmember Mark Davis,
Councilmember Michelle Watson, Councilmember Jill Whittaker,
Councilmember Michael Dahle, CounciJmember David Scagliola
Passed
13. Ordinance No. 23-S-02 -Conduct a public hearing and consideration and/or action
on a request to rezone approximately 25 acres of land from Pre-Development District
(PRE) to Planned Development District (PDD), generally located approximately
2,200 feet southeast of the intersection of Country Club Boulevard and IH-35 access
road, also known as a portion of Comal County Property Identification Number
377261 and Guadalupe County Property Identification 63833, City of Schertz, Comal
County and Guadalupe County, Texas. First Reading (B. James, L. Wood, E.
Delgado)
Mayor Gutierrez announced to individuals at the meeting that the replies from the
Notice of Public Hearing could not be based on conditional statements. If the
individual marked in favor of, then the vote was counted as such. They still had time,
until the Second Reading, to submit an amended response if they chose to do so.
Mayor Gutienez recognized Emily Delgado, Planning Manager, who explained the
details of Ordinance 23-S-02, Villas at Bluebonnet Ridge. 117 Public Hearing mailcrs
were sent to property owners surrounding the property on January 13, 2023. Public
Hearing Notice was published in the Express-News on February 8, 2023. As of
today's date 32 responses in support of and 45 opposed to and one neutral have been
received. Only 14.012% so super majority vote is not required. Proposed as gated
property, total 198 units, measuring 1300 -1400 sq ft area each and 7.25 acres set
aside for grccnspacc which includes the LCRA casement. Staff recommends
approval of the plan with the addition of the trail.
Ms. Delgado recognized Mr. Buck Benson, 745 East Mulberry, representing the
applicant. Mr. Benson provided a brief presentation of the development plans.
Developer does not want the trail and doesn1t believe it should be a condition on
them. Developed the project to address concerns of density. They have capped the
number of units at 198. They will be doing a traffic impact and drainage study prior
to starting construction.
Mayor Gutierrez opened the floor to the Public Hearing.
The following residents spoke in opposition to Ordinance 23-S-02:
Doug Y ound, 3 70 l Hillside
Heather Jackson, 3410 Wimbledon Dr.
Cade Jackson, 3410 Wimbledon Dr.
Carter Jackson, 3410 Vvimblcdon Dr.
Cole Jackson, 3410 Wimbledon Dr.
Phil Jackson, 34 I 0 Wimbledon Dr.
Richard Maus, 3434 Wimbledon Dr.
Charles Boyle, 3333 Wimbledon Dr.
Roy Jones, 3422 Wimbledon Dr.
James Hough, 5133 Black Horse
Jorge Rodriguez, 3334 Foxbriar Ln.
Samantha Goggans, 340 I Fox briar Ln.
Kenny Rogers, 5 I 16 Eagle Valley St.
Angel Santiago Colone, 5613 Fairways Dr
Mary Salvatcrra, 3422 Wimbledon Dr.
Bill Edmonds, 4909 Crestwood Dr.
Patsy Lonie, 3405 Wimbledon Dr.
Susan Degraffenried, Fairhaven HOA President
Cannen Rodriguez, 5621 Fairways
Allen Johanningmeier, 6058 Covers Cove
Steven Simmers, 3713 Columbia Dr.
Jan Baldwin, 3401 Columbia Dr., Northcliffe HOA VP
Anthony Kobiak, 3322 \iVimbledon Dr.
In favor of:
Gregory Sebold, 3841 Green Ridge, Scenic Hill HOA President
Mayor Gutien-ez closed Public Hearing and opened the floor to Council discussion.
Mayor Gutierrez recognized Councilmember Scagliola who asked Deputy City
Manager Brian James to address questions/concerns posed by residents who spoke
dtrring Public Hearing. Mr. James addressed those questions/concerns.
Councilmembers Scagliola and Davis slated they are not opposed to development,
but it needs to be appropriate development. Concerns with density and traffic have
not been addressed adequately to support this development.
Councilmembers Whittaker, Dahle, and Heyward provided their reasoning for
support of the development as outlined in the application with the addition of the trail
The inclusion of the trail is in response to resident surveys done on multiple
occasions where the desire for more parks and trails across the City was consistently
noted as a high priolity,
Mayor Gutierrez provided his view in support of the development.
Councilmember Scagliola made the motion to NOT approve lhe zoning change.
Motion was seconded by Councilmcmbcr Davis. Mayor Ralph Gutierrez recognized
the Negative Motion and provided clarification for the negative motion vote.
AYE: Cow1cilmember David Scagliola, Cmmcilmember Mark Davis,
Councilmember Michelle Watson
NAY: Councilmember Jill Whittaker, Councilmember Michael Dahle,
Councilmcmhcr Allison Heyward, Mayor Ralph Gutierrez
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Motion to deny approving Ordinance 23-S-02 did not pass.
Following the negative motion, Mayor Gutierrez asked for a motion to approve
Ordinance 23-S-02.
Moved by Councilmember Jill Whittaker, seconded by Councilmember Michael
Dahle
A YE: Mayor Ralph Gutierrez, Councilrnernber AHison Heyward,
Councilmember Jill Whittaker, Councilmember Michael Dahle
NAY: Councilmember Mark Davis, Councilmember Michelle Watson,
Councilmember David Scagliola
Passed
Roll Call Vote Confirmation
Mayor Gutierrez recognized City Secretary Sheila Edmondson who provided roll call for
Consent Agenda Items #1-8, Agenda Items #9, 10, I 2, and 13.
Information available in City Council Packets -NO DISCUSSION TO OCCUR
14. Quarterly Investment Reports
15. Mayor and Council Compensation. (S. Gonzalez/J. 'vValters)
Requests and Announcements
•Announcements by the City Manager
No announcements by the City Manager.
• Requests by Mayor and Councilmembers for updates or infonnation 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 requests for future agenda were made.
• Announcements by Mayor and Councilmcmbcrs
• City and Community Events attended and to be attended
Councilmember Watson attended the Special Olympics Polar Plunge.
Councilmember Whittaker attended The Chamber State of the Cities luncheon.
Councilmember Dahle attended the CVLGC meeting.
Cow1cilmember Scaglio attended the Bexar County Trail Ride at Pickrell Park.
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Councilmember Heyw·ard attended two ribbon cuttings, The Chamber State of the
Cities luncheon, Schertz Development Subconunittee, TML, nd will be out next
week to attend the TML Risk Pool meeting in Orlando, FL
•City Council Conuniuee 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
Adjournment
Mayor Gutierrez adjourned the meeting at 9:51 p.m.
tierrez, Mayor
ATTEST:
Sheila Edmondson, City Secretary
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