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MINUTES
REGULAR MEETING
 March 7, 2023

A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on March 7, 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; Mayor Pro-Tem Tim Brown; Councilmember Mark Davis; Councilmember Michelle Watson; Councilmember Jill Whittaker; Councilmember Michael Dahle; Councilmember David Scagliola; Councilmember Allison Heyward
Staff present:
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 Courney
             
Councilmember Jill Whittaker arrived at 7:20 p.m.

Call to Order

Mayor Gutierrez called the meeting to order at 6:03 p.m.
             
Opening Prayer and Pledges of Allegiance to the Flags of the United States and State of Texas. (Councilmember Michael Dahle)

Mayor Gutierrez recognized Councilmember Dahle who provided the opening prayer and led the Pledges of Allegiance to the Flags of the United States and State of Texas.
             
Proclamations
  • 311 Appreciation Day-March 11, 2023
Mayor Gutierrez presented the 311 Appreciation Day Proclamation to the staff of the 311 Department, Ms. Sherry Davis, Ms. Lidia Martinez, and Ms. Lupe Martinez and thanked them for the hard work and service they provide the residents of Schertz every day.
             
Employee Introductions:

Mayor Gutierrez recognized City Department Heads who introduced new staff.
  • Police-Communications-Abigail Ybarra- Communications Officer;
  • Neighborhood Services: David Garcia-Code Enforcement Officer;
  • GIS-Alexa Venezia-Dasse;
  • Water/Wastewater :Ryan Rehfield-Service Worker 1; Miguel Sandoval-Service Worker 1; Keith Wiggins-Service Worker 1
  • Fire: Jacob Amerson-Firefighter; Joe Hernandez-Firefighter; Tori Howard-Firefighter; James Richards-Firefighter; Christopher Tippet-Firefighter; Ethan Schneider-Firefighter/EMT; Jamelle Owens-Firefighter/EMT
             
City Events and Announcements
  • Announcements of upcoming City Events (B. James/S. Gonzalez)
No announcements of upcoming City Events were made.
  • Announcements and recognitions by the City Manager (S. Williams)
No announcements and recognitions were made by the City Manager.
  • Announcements and recognitions by the Mayor (R. Gutierrez)
    • Operation Comfort 5K for Wounded Warriors this Saturday at the Bluebonnet Palace.
    • Kick Cancer 5K held this past weekend. He presented Councilmember Dahle with the 3rd place medal that he won. This year's event had over 600 participants up from 220 last year.
             
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.


Mayor Pro-Tem recognized the following who spoke in opposition of the rezoning application submitted for the Northcliff Golf Course:
Reed Carr, 3509 Columbia Dr.
Tom Willson, 3805 Overlook Dr.
Carol Davis, 3337 Wimbledon Dr.
Janet Willson, 3805 Overlook Dr.
Heather Jackson, 3410 Wimbledon Dr.
Phil Jackson, 3410 Wimbledon Dr.
D.J. Thompson, 3325 Charlesto Ln.
Bill Edmonds, 4909 Crestwood
Charles Boyle, 3333 Wimbledon Dr.
Richard Maus, 3434 Wimbledon Dr.
Maureen Maus, 3434 Wimbledon Dr.
Amanda Loredo-Reyes, 3726 Columbia Dr.
Mary Salvaterra, 3422 Wimbledon Dr.
             
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 - 3 for the record. Mayor Pro-Tem Brown read Items #4 - 6 for the record.
             
1. Minutes – Consideration and/or action regarding the approval of the following minutes from the regular meeting on February 28, 2023. (S. Edmondson/S.Courney)
             
2. Appointment/Reappointment For Boards/Commissions/Committees (S.Edmondson)
  • Accept resignation of Sue Boissonneault of the Schertz Historical Preservation Committee. 
  • Reappointment of the TIRZ Board Members: Michael Dahle, Mark Davis, Jill Whittaker, Clark McChesney Jr., Gary Inmon, Bradford Pittenger.
             
3. Resolution 23-R-21- Consideration and/or action approving a Resolution by the City Council of the City of Schertz, Texas authorizing the Schertz Seguin Local Government Corporation (SSLGC) Budget Amendment for Fiscal Year 2022-23 in the amount of $522,466 as a transfer to the Capital Outlay fund, $750,000 as a transfer to the Professional Services fund, a total of $4,534,000 to the Cowey & Elm Creek Pipeline Project, and $2,000,000 as a transfer to the Capital Outlay fund and other matters in connection therewith. (B.James/L. Busch)
             
4. Resolution 23-R-22 - Consideration and/or action approving a Resolution by the City Council of the City of Schertz, Texas authorizing expenditures not to exceed $75,000.00 with M&S Engineering for Additional Design Services for the renovation of Building 10 and other matters in connection therewith. (B. James/D. Hardin Trussell)
             
5. Resolution 23-R-01 - Consideration and/or action approving a Resolution by the City Council of the City of Schertz, Texas authorizing Agreements with ILF N-T Owner, LP for Subdivision Improvement Agreements for Homestead Unit 9 and Unit 11, an Amended Roadway Capital Recovery Offset Agreement and Reimbursement Agreement for Construction of Public Improvements. (S. Williams/B. James)
             
6. Ordinance 23-S-01 - 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 between Schertz Parkway and Maske Road, City of Schertz, Guadalupe County, Texas, also known as the Windy Meadows Subdivision Unit 4. (Final Reading) (B. James/ L. Wood/E. Delgado)

Mayor Gutierrez asked for a motion to approve Consent Agenda Items #1 - 6.
  Moved by Councilmember Michael Dahle, seconded by Mayor Pro-Tem Tim Brown
 
AYE: Mayor Pro-Tem Tim Brown, Councilmember Mark Davis, Councilmember Michelle Watson, Councilmember Michael Dahle, Councilmember David Scagliola, Councilmember Allison Heyward
Passed
             
Discussion and Action Items
             
7. Ordinance 23-S-02 - 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. (Final Reading) (B. James/ L. Wood/ E. Delgado)

Mayor Gutierrez recognized Ms. Emily Delgado, Planning Manager, who provided a summary of the rezoning application for the subject property.  An update from the last meeting, as of 6:00 p.m. they had received 80 votes in opposition of the request outside the 200 ft buffer, 54 votes in opposition within the 200 ft buffer, and 33 in favor and 1 one neutral.  26.93% in opposition which triggers the 3/4, or 6/7 Councilmember vote.  Applicant requested this item be tabled until April 4, 2023, to allow more time to speak with HOA.

Mayor Gutierrez recognized Councilmember Dahle who stated he 100% supports the idea of the residents applying for a PID, applauded their efforts but reminded them that time is of the essence.  Currently, a bill in Texas legislature that will increase the percentage that triggers super majority vote to 50%. He supports the request to table the issue.

Mayor Gutierrez recognized Councilmember Scagliola who addressed complaints regarding his lack of response to email.  He stated he will not respond to email, because he cannot protect the initiator's privacy due to Open Records.  He stated is available to take calls at any time.  He is impressed with the efforts of the residents and stated that a PID is a hurdle, but he is in support of it.

Mayor Gutierrez requested a motion to table the issue until April 4, 2023.





 
             
Public Hearings
             
8. Ordinance 23-S-04 - Conduct a public hearing and consideration and / or action on an Ordinance by the City Council of the City of Schertz, TX to rezone approximately 87 acres of land from General Business District (GB) and Single-Family Residential / Agricultural District (RA) to General Business District II (GB-2), located approximately 4,000 feet west of the intersection of IH 10 Access Road and FM 1518, also known as Bexar County Property Identification Number 619249, also known as 12625 IH 10E, City of Schertz, Bexar County, Texas. (First 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 IH-10 and Pfeil Road, currently undeveloped.  On January 27, 14 public notices were mailed to property owners within 200 feet of the subject property.  To date, only two responses have been received, both in opposition of the zoning change.  Public Hearing Notice was published in the Express-News on February 15, 2023, As required the developer has submitted a written acknowledgment from JBSA which stated they did not object to the zoning request.  Staff recommended approval of Ordinance 23-S-04 and rquested the applicant be permitted to provide Council a presentation.

Mayor Gutierrez recognized Ashley Farrimond, 10101 Reunion Place, Suite 250, San Antonio, TX, attorney for W&B, presented the conceptual site plan for development and introduced the owner of W&B, Tracey Maynor.  Mr. Maynor stated that as a transport refrigeration base, their role is to protect the nation's food supply and pharmaceuticals.  They are a company that promotes from within.  Wants to move their facilities from New Braunfels and Converse, to one facility in Schertz to be more efficient, have a more modern facility and continue to grow.  Combined the company currently employs 43 staff, and they plan to grow that number by 20 employees within 5 years.

Mayor Gutierrez opened the Public Hearing. No public spoke.
Mayor Gutierrez opened the floor to Council for discussion.

Councilmember Whittaker asked what the future plan is for property that is not part of the development plan.    Ms. Farrimond indicated that there are no current plans to develop this space, it would remain vacant at this time. She took this opportunity to bring attention to the addition of a 40-foot natural buffer in response to the opposition received from the two residents.

Mayor Pro-Tem Brown expressed his approval of the current plan.  They have been waiting for development along I-10 to kickoff, but he is glad to see it is open, not overdeveloped for a small area, and that there are nice buffers in the plan. 

Mayor Gutierrez asked for a motion to approve Ordinance 23-S-04.  
  Moved by Councilmember David Scagliola, seconded by Councilmember Michael Dahle
 
AYE: Mayor Pro-Tem Tim Brown, Councilmember Mark Davis, Councilmember Michelle Watson, Councilmember Jill Whittaker, Councilmember Michael Dahle, Councilmember David Scagliola, Councilmember Allison Heyward
Passed
             
9. Ordinance No. 23-S-07- Conduct a public hearing and consideration and/or action on an Ordinance by the City Council of the City of Schertz, Texas to amend Part III, Schertz Code of Ordinances, the Unified Development Code (UDC) Article 5 Zoning Districts, Subsections 21.5.2, 21.5.5 and 21.5.11; Article 9 Site Design Standards, Subsection 21.9.7 and 21.9.10; Article 10 Parking Standards, Subsections 21.10.2, 21.10.3, 21.10.4, 21.10.7.C and 21.10.9; and Article 14 Transportation, Subsection 21.14.3. (First Reading) (B. James/S. Williams)

Mayor Gutierrez recognized Deputy City Manager Brian James who explained the need to update the UDC.  First, revisiting work done by City Council and the P&Z subcommittee on residential development standards.  Removing limitations on R6 and R7, eliminating references to prohibitions on smaller lots, puts caps on these to 30 and 40 acre lots. 

Second, reviewing the specific use permits.  Issues cited include (1) application requires a site plan, which is a very detailed document.  Huge upfront cost for developer without knowing if the permit will be granted.  (2) Permit expires within a year.  Requesting to extend it to two years.

Parking standard updates recommended include (1) reducing lot size from 10 x 20 to 9 x 18; (2) reducing the number of required parking spots to 1.7 spaces with a 5% variance for multifamily projects; and (3) eliminating wheel stop requirement.

Landscaping standards modified to accommodate commercial properties and easements, while maintaining same look and feel for the community.

Mayor Gutierrez opened the floor to the Public Hearing.

Richard Maus, 3434 Wimbledon Dr, spoke in opposition of Ordinance No. 23-S-07, specifically related to reducing the number of required parking spots.  Applauds the efforts to update the UDC to clarify the language. He would like for staff to provide reason for their recommendation.

Ashley Farrimond, 10101 Reunion Place, Suite 250, San Antonio, spoke in favor of Ordinance No. 23-S-07.

Mayor closed the Public Hearing and opened the floor to Council for discussion.

Councilmembers discussed the various articles within Ordinance No. 23-S-07.  Each voiced opposition to certain aspects, but were overall in agreement the proposed changes were necessary.

Mayor Gutierrez made the motion to approve Ordinance No. 23-S-07 excluding Article 10 Parking Standards Subsections 21.10.2; 21.10.3; 21.10.4; 21.10.07.C; and 21.10.9.  Motion was seconded by Councilmember David Scagliola.
 
 
AYE: Mayor Pro-Tem Tim Brown, Councilmember Mark Davis, Councilmember Michelle Watson, Councilmember Jill Whittaker, Councilmember Michael Dahle, Councilmember David Scagliola, Councilmember Allison Heyward
Passed
             
Mayor Gutierrez asked for a motion to approve the reduction of parking spot size from 10 x 20 to 9 x 18. Motion was made by Councilmember Dahle. Motion was seconded by Councilmember Whittaker.

AYE: Mayor Pro-Tem Tim Brown, Councilmember Michelle Watson, Councilmember Jill Whittaker, Councilmember Michael Dahle, Councilmember David Scagliola
NAY: Councilmember Mark Davis, Councilmember Allison Heyward

Motion passed: 5 - 2

Mayor Gutierrez asked for a motion to approve the reduction of required parking spots to 1.7 with a 5% variance for multifamily units. Motion to approve was made by Councilmember Michael Dahle. Motion was seconded by Councilmember Jill Whittaker.
AYE: Councilmember Michelle Watson, Councilmember Jill Whittaker, Councilmember Michael Dahle, Councilmember Allison Heyward
NAY: Mayor Pro-Tem Tim Brown, Councilmember Mark Davis, Councilmember David Scagliola

Motion passed: 4 - 3

             
Roll Call Vote Confirmation

Mayor Gutierrez recognized City Secretary Sheila Edmondson, who provided roll call for Consent Agenda Items #1 - 6 and Agenda Items #7 - 9.
             
Workshop
             
10. Presentation and discussion regarding the Schertz Family YMCA

Mayor Gutierrez recognized Ms. Lauren Shrum, Parks and Recreation Director, who introduced Louis Lopez, President and CEO of the YMCA of Greater San Antonio, and Veronica Wong-Rizo, SVP/Chief Experience Officer.  Mr. Lopez presented information regarding the Schertz YMCA.  He provided the history behind the development, statistics on the growth of services provided, and the positive impact the YMCA has had on the community.  New programs include evidence based health and wellness programs and diabetes prevention programs, These are funded by the YMCA.  Additionally, the YMCA has provided over $1.5 million in financial assistance and subsidies.  The YMCA received a 75% NPS score which is in the top 10% against other fitness businesses.

Mayor Gutierrez opened the floor to discussion.  

Councilmember Dahle stated he is familiar with the NPS Matrix and remarked on their impressive score. Councilmember Scagliola stated he is a big proponent of the YMCA.  It had a huge impact on him as a child.  Mayor Gutierrez added that the YMCA has made a positive impact on the community and he thanked them for their presentation.
             
Information available in City Council Packets - NO DISCUSSION TO OCCUR
             
11. Monthly Update - Major Projects in progress/CIP. (B. James/K. Woodlee)
             
12. Monthly Update - On FY 2022-23 Approved Expanded Programs (S. Williams/S. Gonzalez)
             
Requests and Announcements
  • Announcements by the City Manager
No announcements were made by the City Manager.
  • Requests by Mayor and Councilmembers for updates or information from Staff
No 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
No request 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
      • Mayor Pro-Tem Brown attended the Kick Cancer 5K
      • Councilmember Whittaker attended the Kick Cancer 5K
      • Councilmember Dahle attended the CVLGC and Kick Cancer 5K
      • Councilmember Heyward attended the TML Pre-Conference for Newly Elected Officials and TML Risk Pool Meeting in Orlando
    • 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
             
Adjournment

Mayor Gutierrez adjourned the meeting at 9:17 p.m.
_______________________________
Ralph Gutierrez, Mayor
ATTEST:


____________________________________
Sheila Edmondson, City Secretary

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