08-25-2020 Agenda
MEETING AGENDA
City Council
REGULAR SESSION CITY COUNCIL
August 25, 2020
HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS
1400 SCHERTZ PARKWAY BUILDING #4
SCHERTZ, TEXAS 78154
CITY OF SCHERTZ CORE VALUES
Do the right thing
Do the best you can
Treat others the way you want to be treated
Work cooperatively as a team
AGENDA
TUESDAY, AUGUST 25, 2020 at 6:00 p.m.
City Council will hold its regularly scheduled meeting at 6:00 p.m., Tuesday, August 25, 2020, at
the City Council Chambers. In lieu of attending the meeting in person, residents will have the
opportunity to watch the meeting via live stream on the City’s YouTube Channel.
Call to Order
Opening Prayer and Pledges of Allegiance to the Flags of the United States and State of Texas.
(Councilmember Allison Heyward)
City Events and Announcements
Announcements of upcoming City Events (B. James/C. Kelm/S. Gonzalez)
Announcements and recognitions by the City Manager (M. Browne)
Announcements and recognitions by the Mayor (R. Gutierrez)
Hearing of Residents
Residents who choose to watch the meeting via live stream, but who would like to participate in Residents to be
Heard, should email their comments to City Secretary, Brenda Dennis, at bdennis@schertz.com by 5:00 p.m. on
Monday, August 24, 2020, SO THAT THE CITY SECRETARY MAY READ THE PUBLIC
COMMENTS INTO THE RECORD UNDER THE HEARING OF RESIDENTS. In the body of
the email please include your name, your address, phone number, agenda item # if applicable or subject of
discussion, and your comments.
This time is set aside for any person who wishes to address the City Council. Each person should fill
August 25, 2020 City Council Agenda Page 1
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.
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 Special
meeting of August 7, 2020, and the minutes of the Regular meeting of August 11, 2020. (B.
Dennis)
2.Resolution No. 20-R-95 - Consideration and/or action approving a Resolution by the City
Council of the City of Schertz, Texas authorizing Agreements with the Drug Enforcement
Administration. (C. Kelm/M. Hansen)
3.Resolution No. 20-R-94 – Consideration and/or action approving a Resolution by the City
Council of the City of Schertz, Texas, authorizing the City Manager to sign an Interlocal
Agreement for Fire Protection Services with Bexar County. (C. Kelm/K. Long)
4.Resolution No. 20-R-96 - Consideration and/or action approving a Resolution by the City
Council of the City of Schertz, Texas, authorizing the City Manager to enter into an indefinite
quantity, indefinite delivery contract with Brauntex Materials for asphalt, hot mix, and other
related materials. (C. Kelm/ S. Williams)
5.Resolution No. 20-R-93 – Consideration and/or action approving a Resolution by the City
Council of the City of Schertz, Texas amending Resolution 20-R-67 which called the
November 3, 2020 City of Schertz Joint General Election with Comal County, Bexar County
and Guadalupe County and approving the Comal County Agreement/Memorandum of
Understanding, Bexar County Agreement/Memorandum of Understanding and the Guadalupe
County Election Contract, and by revising the early voting period. (B. Dennis/Council)
6.Ordinance No. 20-H-25 - Consideration and/or action approving an Ordinance by the City
Council of the City of Schertz, Texas, amending the Code of Ordinances, Chapter 34
“Health”. Final Reading (C. Kelm/M. Bane)
7.Ordinance No. 20-T-27 - Consideration and/or action approving an Ordinance by the City
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7.Ordinance No. 20-T-27 - Consideration and/or action approving an Ordinance by the City
Council of the City of Schertz, Texas, authorizing an adjustment to the fiscal year 2019-2020
budget, repealing all Ordinances or parts of Ordinances in conflict with this Ordinance; and
providing an effective date. Final Reading (M. Browne/B. James/J. Walters)
8.Ordinance No. 20-F-26 - Consideration and/or action approving an amendment to Ordinance
15-F-17 by the City Council of the City of Schertz, Texas, repealing an Ordinance of the code
of Ordinances of the City of Schertz and adopting a new Ordinance with updated provisions
regarding the collection and disposition of solid waste and recyclable material in the City;
providing for the removal of an outdated table and referencing the City's current FY fee
schedule. First Reading (C. Kelm/S. Williams/J. Hooks)
Discussion and Action Items
Public Hearings
9.Public Hearing on Proposed Budget for FY 2020-21 - Conduct a public hearing and
presentation regarding the adoption of the FY 2020-21 Budget. (First required public
hearing) (M. Browne/B. James/J. Walters)
10.Public Hearing on the Proposed Tax Rate - Conduct a public hearing regarding the
adoption of the FY 2020-21 Tax Rate. (First required public hearing) (M. Browne/B.
James/J. Walters)
Workshop
11.Workshop Discussion and Update (Ordinance 20-H-18) - Discussion and
update regarding the COVID-19 virus and our current Ordinance No. 20-H-18 Declaration of
Local Disaster. (M. Browne/K. Long)
Roll Call Vote Confirmation
Closed Session
12.The City Council will meet in Closed Session in accordance with 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-062
13.The City Council will meet in Closed Session in accordance with Section 551.072 of the
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13.The City Council will meet in Closed Session in accordance with Section 551.072 of the
Texas Government Code to deliberate the purchase, exchange, sale, lease, or value of real
property, or real estate needed for future right of way.
14.The City Council will meet in Closed Session in accordance with Section 551.071 of the
Texas Government Code to receive legal advice from its attorneys regarding the following
litigation:
Cause No. D-1-GN-18-000535; Green Valley Special Utility District v. Public Utility
Commission of Texas; Deann T. Walker, Arthur D’Andrea, and Brandy Marty
Marquez, in their official capacities as Commissioners of the Public Utility
Commission of Texas; Brian H. Lloyd, in his official capacity as Executive Director
of the Public Utility Commission of Texas, or his successor; and the City of Schertz,
Texas, in the 419th District Court of Travis County, Texas;
No. 18-51092; Green Valley Special Utility District v. City of Schertz, Texas; DeAnn
T. Walker, in her official capacity as Chairman and Commissioner of the PUC;
Arthur C. D’Andrea, in his official capacity as a Commissioner of the PUC; John
Paul Urban, in his official capacity as Executive Director of the Public Utility
Commission of Texas; Brian James, in his official capacity as the City Manager of
the City of Texas, TX; Shelly Botkin; in the United States Court of Appeals for the
Fifth Circuit;
No. 07-20-00167-CV; City of Schertz and Cibolo Creek Municipal Authority v.
Texas Commission on Environmental Quality and Green Valley Special Utility
District; in the Seventh Court of Appeals, Amarillo, Texas; and
No. 19-51056; City of Schertz v. United States Department of Agriculture, acting by
and through George Ervin “Sonny” Perdue, III, Secretary of Agriculture; Rural
Utilities Service, acting by and through Edd Hargett, Sate Director; Green Valley
Special Utility District; in the United States Court of Appeals for the Fifth Circuit.
Reconvene into Regular Session
12A. Take any action based on discussions held in closed session under Agenda Item 12 .
13A. Take any action based on discussion held in closed session under Agenda Item 13.
14A . Discuss, consider and take any action based on discussions held in closed session under
agenda Item 14 regarding pending litigation, including:
Cause No. D-1-GN-18-000535; Green Valley Special Utility District v. Public Utility
Commission of Texas; Deann T. Walker, Arthur D’Andrea, and Brandy Marty Marquez, in their
official capacities as Commissioners of the Public Utility Commission of Texas; Brian H. Lloyd,
in his official capacity as Executive Director of the Public Utility Commission of Texas, or his
successor; and the City of Schertz, Texas, in the 419th District Court of Travis County, Texas;
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No. 18-51092; Green Valley Special Utility District v. City of Schertz, Texas; DeAnn T. Walker,
in her official capacity as Chairman and Commissioner of the PUC; Arthur C. D’Andrea, in his
official capacity as a Commissioner of the PUC; John Paul Urban, in his official capacity as
Executive Director of the Public Utility Commission of Texas; Brian James, in his official
capacity as the City Manager of the City of Texas, TX; Shelly Botkin; in the United States Court
of Appeals for the Fifth Circuit;
No. 07-20-00167-CV; City of Schertz and Cibolo Creek Municipal Authority v. Texas
Commission on Environmental Quality and Green Valley Special Utility District; in the Seventh
Court of Appeals, Amarillo, Texas; and
No. 19-51056; City of Schertz v. United States Department of Agriculture, acting by and through
George Ervin “Sonny” Perdue, III, Secretary of Agriculture; Rural Utilities Service, acting by
and through Edd Hargett, Sate Director; Green Valley Special Utility District; in the United
States Court of Appeals for the Fifth Circuit.
Roll Call Vote Confirmation
Requests and Announcements
Announcements by the City Manager.
Requests by Mayor and Councilmembers for updates or information from staff.
Requests by Mayor and 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
Information available in City Council Packets - NO DISCUSSION TO OCCUR
15.Quarterly Financial Reports. (B. James/J. Walters)
Adjournment
CERTIFICATION
I, BRENDA DENNIS, CITY SECRETARY OF THE CITY OF SCHERTZ, TEXAS, DO HEREBY
CERTIFY THAT THE ABOVE AGENDA WAS PREPARED AND POSTED ON THE OFFICIAL
BULLETIN BOARDS ON THIS THE 21st DAY OF AUGUST 2020 AT 11:00 A.M., WHICH IS A
PLACE READILY ACCESSIBLE TO THE PUBLIC AT ALL TIMES AND THAT SAID NOTICE
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WAS POSTED IN ACCORDANCE WITH CHAPTER 551, TEXAS GOVERNMENT CODE.
BRENDA DENNIS
I CERTIFY THAT THE ATTACHED NOTICE AND AGENDA OF ITEMS TO BE
CONSIDERED BY THE CITY COUNCIL WAS REMOVED BY ME FROM THE OFFICIAL
BULLETIN BOARD ON _____DAY OF _______________, 2020. TITLE: ______________
This facility is accessible in accordance with the Americans with Disabilities Act. Handicapped parking
spaces are available. If you require special assistance or have a request for sign interpretative services
or other services, please call 210-619-1030.
The City Council for the City of Schertz reserves the right to adjourn into closed session at any
time during the course of this meeting to discuss any of the matters listed above, as authorized by
the Texas Open Meetings Act.
Closed Sessions Authorized: This agenda has been reviewed and approved by the City’s legal
counsel and the presence of any subject in any Closed Session portion of the agenda constitutes a
written interpretation of Texas Government Code Chapter 551 by legal counsel for the
governmental body and constitutes an opinion by the attorney that the items discussed therein may
be legally discussed in the closed portion of the meeting considering available opinions of a court of
record and opinions of the Texas Attorney General known to the attorney. This provision has been
added to this agenda with the intent to meet all elements necessary to satisfy Texas Government
Code Chapter 551.144(c) and the meeting is conducted by all participants in reliance on this
opinion.
COUNCIL COMMITTEE AND LIAISON ASSIGNMENTS
Mayor Gutierrez
Audit Committee
Investment Advisory Committee
Main Street Committee
Councilmember Scagliola – Place 5
Cibolo Valley Local Government Corporation -
Alternate
Hal Baldwin Scholarship Committee
Interview Committee for Boards and Commissions -
Alternate
Schertz-Seguin Local Government Corporation
Councilmember Davis– Place 1
Audit Committee
Interview Committee for Boards and
Commissions
Main Street Committee - Chair
Schertz Housing Authority Board
TIRZ II Board
Mayor Pro-Tem - Scott – Place 2
Interview Committee for Boards and Commissions
Councilmember Larson – Place 3
Main Street Committee – Vice Chair
Councilmember Dahle – Place 4
Cibolo Valley Local Government Corporation
Interview Committee for Boards and Commissions
TIRZ II Board
August 25, 2020 City Council Agenda Page 6
Councilmember Heyward – Place 6
Audit Committee
Investment Advisory Committee
Schertz Animal Services Advisory
Commission
Councilmember Brown – Place 7
Main Street Committee
Schertz-Seguin Local Government Corporation -
Alternate
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