Agenda

Call to Order

Opening Prayer and Pledges of Allegiance to the Flags of the United States and State of Texas. (Councilmember Scott)

Presentations

Proclamation recognizing Mr. Don Taylor former City Manager and Police Chief. (Mayor)

Councilmember Mark Davis read the proclamation, Mayor Gutierrez presented the Don Taylor Proclamation to Ms. Susan Beck who was receiving it on behalf of the Taylor Family this evening as they were unable to attend. Ms. Beck thanked the City on behalf of the Taylor Family. Mayor and Members of Council provided comments of gratitude for all his contributions to the City.

Proclamation recognizing World Teachers' Day. (Mayor/Lesley Watts)

Councilmember Scott read the proclamation, Mayor Gutierrez presented the Proclamation to Mr. Jerry Perkins, SCUCISD Board Member who was receiving the proclamation on behalf of the School District and Teachers. Mr. Perkins thanked the City for the recognition and support.

Proclamation recognizing Fire Prevention Week. (Mayor/K. Long)

Councilmember Whittaker read the proclamation, Mayor Gutierrez presented the Proclamation to Fire Chief Kade Long and members of the Fire Department. Chief Long thanked the Mayor for the recognition and support he stated that they are excited to be able to go out to the schools and see the kids again this year.

Proclamation recognizing Chamber of Commerce Week. (Mayor/M. Titterington)

Councilmember Scagliola read the proclamation, Mayor Gutierrez presented the Proclamation to Chamber President Maggie Titterington. Ms. Titterington thanked the City for their continued support to be able to promote good business within the city.

Proclamation Honoring National Manufacturing Day 2021. (A. Perez/A. Massey)

Councilmember Heyward read the proclamation, Mayor Gutierrez presented the Proclamation to Representatives Adrian Perez, Schertz Economic Development Director and Ms. Amy Massey, Career and Technical Education Coordinator with SCUCISD.

Plaque presentation in recognition to the City of Schertz for 10 years of Parks support to the Mays Cancer Center. (M. Browne/B. James/L. Shrum)

Mayor Gutierrez recognized Events Manager Mary Spence who introduced Ms. Simone Lewis-Director of Development and Ms. Janet Gobel-Development Coordinator with the Office of Institutional Advancement at UT Health San Antonio MD Anderson Cancer Center, the Mays Cancer Center. Ms. Spence stated that we have partnered with them in our 5K promotion raising funds for cancer research. Ms. Lewis thanked the City for all they have done for the Mays Cancer Center and the UT Health System. She stated that over the years the City has helped raise over $190,000 for cancer patients in the community. Ms.Lewis presented the plaque to the City in recognition of 10 years of support.

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:
Tuesdays, September 7^th through October 12th
Fall 2021 Adult Cornhole League (Ages 21 and up)
6:00-10:00 PM

Sundays, September 12^th through October 17th
Fall 2021 Adult Kickball League (Ages 21 and up)
6:00-10:00 PM

Wednesday, October 6^th through Friday, October 8^th
TML Conference
Houston, Texas

Saturday, October 9th
Nature Discovery Series – Discover a Bug’s World
Crescent Bend Nature Park
10:00-11:00 AM
The Nature Discovery Series is back for Fall 2021! Get your little ones outdoors to discover the exciting nature right in our own backyard. Kids are encouraged to explore, discover, and ask questions to help grow their knowledge of nature. This free program is designed for families with elementary-aged children, but older and younger siblings are also welcome. Texas Master Naturalist volunteers will lead the themed programs on the second Saturday of the month held at Crescent Bend Nature Park. Class will begin at 10:00 a.m., but please arrive early and meet at the first parking lot near the restroom building and the trailhead. Pre-register on Schertz.com

Monday, October 11th
Columbus Day
City Offices Closed

Tuesday, October 12^th
Next regular scheduled Council meeting.

Tuesday, November 2nd
The City of Schertz will be holding its General Election on November 2, 2021, for the purpose of electing Council Members in Place 6 and Place 7 for a three-year term, from November 2021 to November 2024. A Special Bond Election will also be held on November 2, 2021, for or against the issuance of not to exceed $15,450,000 of City of Schertz, Texas general obligation bonds for public safety facilities (including a new fire station), and the levying of a tax in payment thereof. Early voting by personal appearance will begin on October 18, 2021 and ends on October 29, 2021. Early voting locations will be posted on Schertz.com.

Announcements and recognitions by the City Manager (M. Browne)

Mayor Gutierrez recognized City Manager Dr. Mark Browne who stated that the construction on Elbel Road will begin next week, the project will last about 3 months, this weekend traffic cones will be placed out for this project.

Announcements and recognitions by the Mayor (R. Gutierrez)

Mayor Gutierrez stated that patience will be needed during the Elbel Road project specifically during the times of between 8:00 A.M. 10:00 A.M. and 2:00 PM to 400 P.M. As mentioned by Dr. Browne the project needs to be accomplished and there is no perfect time to do this, but that the City will be working with the School District. Again, thanks for your patience.

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 residents:

Mr. Kevin Kirk, Leadership student with Kung Jung Mu Sul who spoke on their recent competition in Floresville, he spoke that October they will be supporting the Alamo Breast Cancer Foundation, and every Saturday in October they will be hosting free Women's Self Defense classes, also this Friday from 5pm to 6pm they will be hosting an obstacle course fundraiser, to participate in the obstacle course they are asking for donations that they will be providing to the Schertz Animal Shelter. Lastly, Kevin stated that he and the leadership class have built birdhouses, insect hotels and planted flowers at the Gutierrez Park.

Ms. Maria Galanis, 2308 Thomas Wolfe and Mr. Marty Kotanan, 2320 Thomas Wolfe both are here representing their households regarding complaints and damage that has occurred as a result of the rigidness and reconstruction of Schertz Parkway. The rigidness of the road has caused their homes to rattle constantly. With the reconstruction of the road over the last year damage has been steadily appearing personally in her house, the ceiling has started to fall in, and she finds pieces on her living room floor. Additionally, the large commercial trucks which she believes that Mr. Kotanan has reported those, and they rumble going up and down Schertz Parkway and things are falling off the walls. They are here to report damage to their homes and as guidance on how the City would like to proceed. Ms.Galanis stated that they are the only two that have come tonight, and knows there are other neighbors that have the same issues. Again, Ms. Galanis asked what the process was and in answer Mayor Gutierrez stated that this was the Hearing of Residents section and that this item was not on the agenda for discussion, but referred her to Mr. James, as he will take their names and phone numbers.

Mr. Marty Kotanan, 2320 Thomas Wolfe stated that he had spoken to Dr. Browne about a month ago, and he had mentioned the 18 wheelers going up and down Schertz Parkway. Dr. Browne stated it was not he who he spoke with. Mr. Kotanan stated he had spoken to a City Manager and at that time they stated that they would look into it and nothing has been done. He stated the 18 wheelers are continually going up and down Schertz Parkway and tearing up the roads, and believes that they were not allowed to travel on it, due to a weight limit restriction. He stated that he has numerous cracks in his house as well, with the construction and the 18 wheelers traveling the road.

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 Items 1-5, Mayor Pro-Tem Dahle read Items 6-11 into record.

Councilmember Scott asked Item 2 and Item 7 to be removed from the Consent Agenda.

1.

Minutes – Consideration and/or action regarding the approval of the minutes of the regular meeting of September 14, 2021. (B. Dennis)

2.

Resolution No. 21-R-100 — Consideration and/or action approving a Resolution by the City Council of the City of Schertz, Texas authorizing a Trail Easement Agreement with Cibolo Valley Baptist Church for a segment of the Great Northern Trail. (B. James/L. Shrum)

3.

Cancellation of the October 5, 2021, November 2, 2021, November 23, 2021, and December 28, 2021 Council Meetings as well as scheduling a Special Meeting on November 15, 2021 for the purpose of canvassing the results of the November 2, 2021 Election - Consideration and/or action canceling the October 5, 2021, November 2, 2021, November 23, 2021, and the December 28, 2021 City Council meetings due to the Texas Municipal League Conference in Houston, the City of Schertz Election, Thanksgiving week and the Christmas Holiday week; as well as scheduling a Special Meeting on November 15, 2021 for the purpose of canvassing the results of the November 2, 2021 Election. (M. Browne/B. Dennis)

4.

Resolution No. 21-R-105 - Consideration and/or action approving a Resolution by the City Council of the City of Schertz, Texas authorizing a contract with Intermountain Slurry Seal for the 2020 SPAM Resurfacing Project and authorizing the budget expenditures for the project. (B. James/J. Nowak)

5.

Resolution No. 21-R-101 - Consideration and/or action approving a Resolution by the City Council of the City of Schertz, Texas authorizing EMS debt revenue adjustments, Utility Billing debt revenue adjustments and Schertz Magazine debt revenue adjustments for certain inactive outstanding receivables and other matters in connection therewith. (B. James/J. Walters)

6.

Resolution No. 21-R-110 - Consideration and/or action approving a Resolution by the City Council of the City of Schertz, Texas updating the Fee Schedule for FY2021-22, to include the Texas Alcoholic Beverage Commission (TABC) License/Permit Type: BG-Wine and Malt Beverage Retailer's Permit Fee and License/Permit Type BE- (Malt Beverage) Retail Dealer's On-Premise License. The two license/permit types have different fees depending on original and renewal applications, as well as to which county the business is located in. (M. Browne/B. Dennis/S. Edmondson)

7.

Resolution 21-R-99 - Consideration and/or action approving a Resolution by the City Council of the City of Schertz, Texas, authorizing expenditures in excess of $50,000 with T.F. Harper & Associates, a BuyBoard Purchasing Cooperative vendor, and authorizing a purchase totaling $110,917.19 for the Ashley Park Playscape and Pavilion. (B. James/L. Shrum)

8.

Resolution No. 21-R-88 - 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 agreement with the Berry Creek Homeowners Association for the purpose of traffic extension/enforcement. (C. Kelm/H. Hansen/M. Casas).

9.

Resolution No. 21-R-87 - Consideration and/or action approving a Resolution by the City Council of the City of Schertz, Texas declaring certain Public Safety equipment to be surplus property, and authorizing a Donation Agreement governing the same to the City of Santa Clara, Texas.(C. Kelm./ M. Hansen/ M. Casas).

10.

Resolution No. 21-R-109 – Consideration and/or action approving a Resolution by the City Council of the City of Schertz, Texas authorizing the City Manager to sign a contract for mutual aid for fire emergency services with the Secretary of the Air Force, specifically for Joint Base San Antonio. (C. Kelm/K. Long)

11.

Resolution No. 21-R-53 - Consideration and/or action approving a Resolution by the City Council of the City of Schertz, Texas authorizing the acquisition of easements associated with the Homestead Lift Station Force Main. (M. Browne/B. James)

Mayor Gutierrez asked Council if there were any items they wished removed for separate action. Mayor Gutierrez recognized Councilmember Scott who asked that agenda Items 2 and 7 be removed for discussion. Mayor Gutierrez asked for a motion to approve Consent Agenda Items 1, 3 through 6, and 8 through 11.

Moved by Councilmember Jill Whittaker, seconded by Councilmember Allison Heyward

AYE:	Mayor Pro-Tem Michael Dahle, Councilmember Mark Davis, Councilmember Rosemary Scott, Councilmember Jill Whittaker, Councilmember David Scagliola, Councilmember Allison Heyward, Councilmember Tim Brown
Passed

Discussion and Action Items

2. Resolution No. 21-R-100 — Consideration and/or action approving a Resolution by the City Council of the City of Schertz, Texas authorizing a Trail Easement Agreement with Cibolo Valley Baptist Church for a segment of the Great Northern Trail. (B. James/L. Shrum)

Mayor Gutierrez recognized Parks Director Lauren Shurm who was available to answer any questions.

Councilmember Scott asked about the $10.00 fee. Ms. Shrum explained that it is customary to have the $10.00 fee with these types of agreements. Councilmember Scott asked if the Great Northern Trail connects to the existing trail. Ms. Shrum replied that it does not currently connect with any trails now, but with the planned improvements along FM 1103, it will connect in the future.

Moved by Councilmember Rosemary Scott, seconded by Councilmember Allison Heyward

AYE:	Mayor Pro-Tem Michael Dahle, Councilmember Mark Davis, Councilmember Rosemary Scott, Councilmember Jill Whittaker, Councilmember David Scagliola, Councilmember Allison Heyward, Councilmember Tim Brown
Passed

7. Resolution 21-R-99 - Consideration and/or action approving a Resolution by the City Council of the City of Schertz, Texas, authorizing expenditures in excess of $50,000 with T.F. Harper & Associates, a BuyBoard Purchasing Cooperative vendor, and authorizing a purchase totaling $110,917.19 for the Ashley Park Playscape and Pavilion. (B. James/L. Shrum)

Mayor Gutierrez recognized Councilmember Scott who asked for this item to be pulled from the Consent Agenda.

Councilmember Scott asked if this was a new addition or was it replacing the current play structures at this park. Ms. Shrum explained that this is an additional component, and it will be incorporated into the current playscape.

Mayor Gutierrez asked if there was a motion to approve.

Moved by Councilmember Mark Davis, seconded by Councilmember Jill Whittaker

AYE:	Mayor Pro-Tem Michael Dahle, Councilmember Mark Davis, Councilmember Rosemary Scott, Councilmember Jill Whittaker, Councilmember David Scagliola, Councilmember Allison Heyward, Councilmember Tim Brown
Passed

12.

Ordinance No. 21-T-41 - Consideration and/or action approving an Ordinance by the City Council of the City of Schertz, Texas authorizing an adjustment to the FY 2020-21 Budget, and other matters in connection therewith. Final Reading (M. Browne, B. James, J. Walters)

Mayor Gutierrez recognized Assistant City Manager Brian James. Mr.James explained in addition to the changes that had been listed with regard to adjustments to cover fire department salaries, shifting funding for the water meters, approve the additional expenditures from the sewer impact fee funds for the Woman Hollering Creek Project.

Mayor Gutierrez asked if there a motion to approve Ordinance No. 21-T-41.

Moved by Councilmember Tim Brown, seconded by Councilmember Allison Heyward

AYE:	Mayor Pro-Tem Michael Dahle, Councilmember Mark Davis, Councilmember Rosemary Scott, Councilmember Jill Whittaker, Councilmember David Scagliola, Councilmember Allison Heyward, Councilmember Tim Brown
Passed

13.

Resolution 21-R-111 - Consideration and/or action approving a Resolution by the City Council of the City of Schertz, Texas to establish the City's intention to reimburse itself for the prior lawful expenditure of funds relating to constructing various City Improvements from the proceeds of tax-exempt obligations to be issued by the City for authorized purposes; authorizing other matters incident and related thereto; and providing an effective date. (Mark Browne/ James Walters/A. Freeman)

Mayor Gutierrez recognized Assistant City Manager Brian James who explained that the Local Government Code allows cities to reimburse themselves providing they make clear that the reimbursement is from bonds and is done in advance. The resolution is City Council's acknowledgement that the plan is to reimburse ourselves part of the Woman Hollering Creek Project, $2.2 million with bonds which will allow us to move forward with this project. Mr. James also explained that it does not obligate us to issue that debt, it just allows us to reimburse ourselves that way.

Councilmember Scott made a motion and stated, “I move that City Council adopt a reimbursement resolution.”

Moved by Councilmember Rosemary Scott, seconded by Councilmember Tim Brown

AYE:	Mayor Pro-Tem Michael Dahle, Councilmember Mark Davis, Councilmember Rosemary Scott, Councilmember Jill Whittaker, Councilmember David Scagliola, Councilmember Allison Heyward, Councilmember Tim Brown
Passed

14.

Resolution No. 21-R-106 – Consideration and/or action approving a Resolution by the City Council of the City of Schertz, Texas, authorizing a contract with Thalle Construction Co., Inc., relating to construction of the Woman Hollering Creek Wastewater Project and other matters in connection therewith. (B. James/K. Woodlee)

Mayor Gutierrez recognized City Engineer Kathy Woodlee who explained that this resolution is to authorize a contract with Thalle Construction Co., Inc., relating to the construction of this project. Additional services include owners representative services, inspections and contract administration assistance. Additional contracts will be brought forward at the next city council meeting for material testing services and expenditures to bring power to the lift station site.

Mayor Pro-Tem Dahle asked if this is approved tonight, when can we anticipate construction to start and when will it be online. Ms. Woodlee anticipates the construction to start in 2-3 months. The city has not meet with the contractors with a notice to proceed. The contractor did submit a construction schedule with their proposal for the project to be approximately 12-months long. She explained it might go past the 12-month time frame. There is some pressure to complete this project since the CCMA plant is essentially complete. Staff will do everything they can to move it along as quickly as possible.

Mayor Pro-Tem Dahle stated the biggest issue is going to be materials.

Councilmember Scott asked if 11million dollars was a reasonable cost. Ms. Woodlee stated that this in line and somewhat lower that what our engineers estimated the construction cost to be. Bids were competitive, but these were expected amounts. Councilmember Scott had questions on the alternate bids and appreciated the explanation of the process.

Dr. Mark Browne asked if the Woman Hollering Package Plan was going to stay online. Ms. Woodlee explained that Package Plan will go away, the Sedona will go away and the flow by gravity will go to this main and then to a larger lift station that we are going to build and then over to the CCMA Plant.

Moved by Mayor Pro-Tem Michael Dahle, seconded by Councilmember David Scagliola

AYE:	Mayor Pro-Tem Michael Dahle, Councilmember Mark Davis, Councilmember Rosemary Scott, Councilmember Jill Whittaker, Councilmember David Scagliola, Councilmember Allison Heyward, Councilmember Tim Brown
Passed

15.

Resolution No. 21-R-107 - Consideration and/or action approving a Resolution by the City Council of the City of Schertz, Texas, authorizing a contract with AG|CM, Inc., for Owner's Representative Services related to the Woman Hollering Creek Wastewater Project. (B. James/K. Woodlee)

Mayor Gutierrez recognized City Engineer Kathy Woodlee who explained the contract with AGlCM, Inc., for Owner's Representative Services is needed because the scope of work is a full time job, and we don't have the staff resources to fill that role. It also gives us the expertise that Staff will be able to use for the project and learn from their experience with working on contacts this large.

Moved by Councilmember Mark Davis, seconded by Councilmember Allison Heyward

AYE:	Mayor Pro-Tem Michael Dahle, Councilmember Mark Davis, Councilmember Rosemary Scott, Councilmember Jill Whittaker, Councilmember David Scagliola, Councilmember Allison Heyward, Councilmember Tim Brown
Passed

Roll Call Vote Confirmation

Mayor Gutierrez recognized Deputy City Secretary Sheila Edmondson who provided the roll call for Consent Items 1,3 through 6,8 through 11 and for Discussion Items 2,7,12 through 15.

Workshop

Mayor Gutierrez recognized Assistant City Manager Charles Kelm who presented the plans and designs for the renovation of the Borgfeld Facility to Administrative space.

Assistant City Manager Kelm stated the City has been working towards being able to build our facilities capabilities. With the addition of an electrician, an HVAC person, and a plumber, Mr. Kelm believes they have a great team coming together.
Mr. Kelm stated he and his team want to work on rehabbing or improve some of our existing facilities to expand both capacity and capability. He is recommending they start on the Borgfeld Facility renovation. The steel beam building was built in 1992 for our Animal Shelter Services. In 2014, a new Animal Shelter was built off of Community Circle and since that time, the facility has sat vacant.

In 2017, the City did a Facility Master Plan and based on the growth we have an extreme space shortage. Mr. Kelm presented the current layout of the facility and the proposed project plan to renovate. The new proposal will provide five individual offices with workspace and up to ten individual workstations. It would provide an additional 2400 square feet of administrative space. The estimated cost would be approx $63,000 vs. new construction which would be approx. $600,000. Mr. Kelm stated that this is a great opportunity to showcase some of our in-house talent and provide some additional administrative space.

16.

The City Staff is recommending to renovate the Borgfeld Facility to administrative space.

Information available in City Council Packets - NO DISCUSSION TO OCCUR

17.

Monthly update - on Major Projects in progress/CIP. (B. James/K. Woodlee)

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

Councilmember Scagliola stated that even with the cancellation of National Night Out (Oct. 5, 2021), he is available if an HOA wanted to have a City Official come by. A drive-by with flashing lights would send a compelling message that the motivation to protect and serve is alive and well. He asked the Mayor to please reconsider and let social media know.

Councilmember Heyward stated she concurs with Councilmember Scagliola.

Councilmember Scott also agrees with wanting the City to reconsider the cancellation of National Night Out. With the plans to close down Elbel Rd. for reconstruction, she explained with Schertz Parkway under construction, the traffic will be bad. She wished the two projects could be staggered to help alleviate the traffic concerns.

Dr. Mark Browne commented that the Schertz Parkway project is scheduled to be completed by the end of the week.

Mayor Pro-Tem Dahle stated he agrees with Councilmember Scagliola and asked if an HOA wanted to send out an invitation for National Night Out, he would be happy to attend.

Councilmember Whittaker -Toured the new Amazon Distribution Center off of Schwab Rd., Coffee with the Chamber, A Ribbon-Cutting at the Community Gardens in Crossvine, Planning and Zoning Sub-Committee Meeting, Chamber Civic Leader Luncheon, San Antonio Food Bank Food Distribution event, Main Street Committee Meeting. She will be at her HOA National Night Out and offered to attend other HOA events.

Councilmember Scagliola - Chamber Civic Leader Luncheon, toured the new Amazon Distribution Center, Planning and Zoning Sub-Committee Meeting,

Councilmember Heyward-Main Street Committee Meeting, Civic Leaders Luncheon, Ribbon-Cutting at Zipliners Kitchen, TMRS Zoom Board Meeting, Coffee with the Chamber, Conventions of States Meeting, Starting October 1st, 2021-National Medicine Abuse Awareness Month, Guadalupe County Coalition has open position: Coalition Coordinator

Councilmember Brown- Chamber Civic Leaders Luncheon

Adjournment

Mayor Gutierrez adjourned the meeting at 7:22 p.m.