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MINUTES
REGULAR MEETING
 July 28, 2020

A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on July 28, 2020, 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-Tem Mark Davis; Councilmember Michael Dahle; Councilmember David Scagliola; Councilmember Tim Brown; Councilmember Allison Heyward
Absent:
Councilmember Rosemary Scott Excused Absence; Councilmember Scott Larson - Excused absence
Staff present:
City Manager Dr. Mark Browne; Assistant City Manager Brian James; Assistant City Manager Charles Kelm; City Attorney Daniel Santee; City Secretary Brenda Dennis; Assistant to the City Manager Sarah Gonzalez
Call to Order – City Council Regular Session

Mayor Gutierrez called the regular meeting to order at 6:00 p.m.
             
Call to Order
             
Opening Prayer and Pledges of Allegiance to the Flags of the United States and State of Texas. (Councilmember Larson)

Mayor Gutierrez provided the opening prayer followed by the Pledges of Allegiance to the Flags of the United States and the State of Texas.

Mayor Gutierrez gave specific requests to guests and staff in reference to wearing their masks during the City Council meeting and departing the Council meeting.
             
Presentations
  • City Manager Coin Presentation (M. Browne)
City Manager Dr. Mark Browne presented to Fire Chief Kade Long the City Managers Coin of Excellence for all his efforts as the Emergency Management Coordinator in leading us for the last four months through the COVID-19 virus situation with no end in sight. Dr. Browne also recognized Chief Longs family members and the Fire Fighters who were also present.

Mayor Gutierrez provided Chief Long his heartfelt thanks, appreciation, and gratitude for all his had done.
             
City Events and Announcements
  • Announcements of upcoming City Events (B. James/C. Kelm/S. Gonzalez)
Mayor Gutierrez recognized Assistant City Manager Brian James who announced the City of Schertz will be holding its General Election on November 3, 2020, for the purpose of electing Council Members in Place 3, Place 4, and for Place 5 for a three-year term. Deadline to file is Monday, August 17, 2020, by 5:00 p.m. Candidate packet and qualification information regarding the election and can be found on our City website as well as contacting the City Secretary's office.
Mayor Gutierrez stated that the Governor did move the beginning Early Voting date to October 13, 2020.
  • Announcements and recognitions by the City Manager (M. Browne)
Dr. Browne recognized the Facilities Department Team for doing a fantastic job for us during this pandemic by developing new sanitization procedures for all our facilities, daily extra cleaning of offices, emergency team response actions for deep clean and sanitize office when a known case presented itself. Installed plexiglass partitions to prevent the COVID-19 virus spread, set up temperature tracking stations for employees and city buildings, designed and installed information and social distancing signage, set up additional hand sanitizing stations and delivered cleaning supplies daily. Dr. Browne recognized Todd Buckingham, Joe Villarreal, Chris Mayorga, Ray Gonzales, Sam Maeda, Sam Rhodes, Bruno Sepeda, Chad Lonsberry, Albert Orosco, and Thomas Brooks.
Dr. Browne also recognized Public Works Employees Raul Santoya and Steve Armstrong. He stated this past week, Raul Santoya and Steve Armstrong were involved in quite the heroic act.
They had just finished performing a locate and were in the process of entering data when they saw a young man (teenager) walking a large dog. Nearby was a jogger wearing headphones. At the site of the jogger, the dog began to pull and lunge against its harness and leash. The dog managed to get out of its harness and attacked the jogger. The jogger called for help and Raul grabbed the first aid kit from the truck and Steve called 911. The jogger’s arm was badly bitten and while Raul was administering first aid and trying to stop the bleeding, the dog returned racing toward Raul and the jogger who had their backs turned toward the direction of the dog. Steve was still on the phone with 911 as he yelled a warning to Raul that the dog was coming back. Raul immediately reacted by throwing the jogger through an open window of a house that was under construction and both managed to escape the dog. Raul and Steve stayed with the jogger until 911 arrived on scene.

Both Raul and Steve shared they believe they “were meant to be there and in the right place at the right time.”

Mayor Gutierrez also expressed his appreciation and gratitude for their assistance and great work.
  • Announcements and recognitions by the Mayor (R. Gutierrez)
Mayor Gutierrez stated that the Census 2020 is underway and our city's participation rate is 68.6%. On August 11, 2020, this is when the Census Bureau is going to initiate their field operations. They will start their door knocking operations for those households who have not responded. If you have not taken this action, please take the time to complete the 2020 Census on-line.
             
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, July 27, 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.

No one signed up to speak on the sign-in sheet or emailed the City Secretary.
             
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.

The following items were read into record:
             
1. Minutes – Consideration and/or action regarding the approval of the minutes of the regular meeting of July 14, 2020. (B. Dennis)
             
2. Resolution No. 20-R-79 - Consideration and/or action approving a Resolution authorizing Professional Service Agreements with Raba Kistner, Inc., and Terracon Consultants, Inc., for on-call geotechnical engineering services and all matters in connection therewith. (B. James/K. Woodlee/S. McClelland)
             
3. Resolution No. 20-R-85 - Consideration and/or action approving a Resolution authorizing a Purchase and Sale Agreement for the purchase of real property, 536 Main Street, as well as the purchase of real property improvements and other matters in connection therewith. (M. Browne/B. James)
             
4. Boards, Commissions and Committee Member Resignations/Appointments - Consideration and/or action accepting Mrs. LaDonna Bacon's resignation as a regular member of the Planning & Zoning Commission and appointing Mr. Earl Platt from an alternate position on the Planning & Zoning Commission to a regular member. (Mayor/Council/B. Dennis)  
  Moved by Mayor Pro-Tem Mark Davis, seconded by Councilmember Michael Dahle to approve consent agenda items 1 through 4.
 
AYE: Mayor Ralph Gutierrez, Councilmember Tim Brown, Mayor Pro-Tem Mark Davis, Councilmember Michael Dahle, Councilmember David Scagliola, Councilmember Allison Heyward
Passed
             
Discussion and Action Items

The following item was read into record:
             
5. Ordinance No. 20-L-23 - Consideration and/or action approving an Ordinance by the City Council of the City of Schertz, Texas amending the Code of Ordinances, Chapter 62, Peddlers and Solicitors repealing all ordinances or parts of ordinances in conflict with this ordinance; and providing an effective date. First Reading (C. Kelm/M. Bane)

Mayor Gutierrez recognized Assistant Police Chief Marc Bane who provided a PowerPoint presentation regarding the proposed changes. The revisions will provide clear direction for those that wish to solicit within the City of Schertz, while also providing protections for the citizens, organizations, and business owners of this community. Chief Bane addressed questions from Council regarding clarifying definitions of those exempt from solicitation, add information on clarifying political candidates within the canvasser section and changing the time of solicitation to 8:00 a.m. to 8:00 p.m.
  Moved by Councilmember Michael Dahle, seconded by Councilmember Allison Heyward to approve Ordinance No. 20-L-23 with the change of clarifying definitions of those exempt from solicitation, add information on clarifying political candidates within the canvasser section and changing the time of solicitation to 8:00 a.m. to 8:00 p.m.
 
AYE: Mayor Pro-Tem Mark Davis, Councilmember Michael Dahle, Councilmember David Scagliola, Councilmember Tim Brown, Councilmember Allison Heyward
Passed
             
The following item was read into record:
             
6. Resolution No. 20-R-77 - Consideration and/or action approving a Resolution authorizing the City Manager to enter into an agreement with Guadalupe County for ambulance services. (C. Kelm/J. Mabbitt) 

Mayor Gutierrez recognized EMS Director Jason Mabbitt who introduced this item addressing questions from Council.
  Moved by Councilmember Michael Dahle, seconded by Councilmember Allison Heyward to approve Resolutoin No. 20-R-77.
 
AYE: Mayor Pro-Tem Mark Davis, Councilmember Michael Dahle, Councilmember David Scagliola, Councilmember Tim Brown, Councilmember Allison Heyward
Passed
             
The following item was read into record:
             
7. Ordinance No. 20-M-24 - Consideration and/or action to approve an Ordinance by the City Council of the City of Schertz, Texas amending the City of Schertz Code of Ordinances and certain other Ordinances by amending and establishing fees for certain licenses, permits, and other services provided by the City of Schertz.  First Reading (M. Browne/B. James/J. Walters)

Mayor Gutierrez recognized Finance Director James Walters who introduced this item reviewing the current fees as well as updating council on new and proposed fee changes.  Mr. Walters addressed questions from council. Councilmembers discussed the portable above ground pool fee as well as the deck fees.  It was the consensus of council to have staff research and possibly amend those fees on the schedule.
  Moved by Councilmember Allison Heyward, seconded by Councilmember David Scagliola to approve Ordinance 20-M-24 with modifications to the pool and deck fees.
 
AYE: Mayor Pro-Tem Mark Davis, Councilmember Michael Dahle, Councilmember David Scagliola, Councilmember Tim Brown, Councilmember Allison Heyward
Passed
             
The following item was read into record:
             
8. Resolution No. 20-R-80 – Consideration and/or action approving a Resolution by the City Council of the City of Schertz, Texas, authorizing expenditures with Utility Engineering Group, PLLC, totaling no more than $143,000.00 for professional engineering services related to the Riata Lift Station Relocation Project, and other matters in connection therewith. (B. James/K. Woodlee/S. McClelland)

Mayor Gutierrez recognized Project Manager Scott McClelland who introduced this item answering questions from Council.
  Moved by Councilmember David Scagliola, seconded by Councilmember Michael Dahle to approve Resolution No. 20-R-80.
 
AYE: Mayor Pro-Tem Mark Davis, Councilmember Michael Dahle, Councilmember David Scagliola, Councilmember Tim Brown, Councilmember Allison Heyward
Passed
             
The following item was read into record:
             
9. Resolution No. 20-R-81 – Consideration and/or action approving a Resolution by the City Council of the City of Schertz, Texas, authorizing expenditures with Kimley-Horn Associates, Inc., totaling no more than $294,000.00 for phase one of professional engineering services related to the 16” Dedicated Transmission Main Project, and other matters in connection therewith. (B. James/K. Woodlee/S. McClelland)

Mayor Gutierrez recognized Project Manager Scott McClelland who introduced this item answering questions from Council.
  Moved by Councilmember Allison Heyward, seconded by Councilmember David Scagliola to approve Resolution No. 20-R-81.
 
AYE: Mayor Pro-Tem Mark Davis, Councilmember Michael Dahle, Councilmember David Scagliola, Councilmember Tim Brown, Councilmember Allison Heyward
Passed
             
Workshop
             
10. 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)

Mayor Gutierrez recognized Fire Chief Kade Long who provided a PowerPoint presentation updating Council on COVID-19 statistics.
             
11. Appointment of the Mayor Pro-Tem - Discussion and consideration and/or action regarding the confirmation, appointment, or election of the Mayor Pro-Tem. (Mayor/Council)

Mayor Gutierrez stated that he would like to postpone this item to the next meeting since Councilmembers Scott and Larson were absent.
  Moved by Mayor Ralph Gutierrez, seconded by Councilmember Allison Heyward to postpone the appointment of the Mayor Pro-Tem to the next meeting.
 
AYE: Mayor Pro-Tem Mark Davis, Councilmember Michael Dahle, Councilmember David Scagliola, Councilmember Tim Brown, Councilmember Allison Heyward
Passed
             
Roll Call Vote Confirmation

Mayor Gutierrez recognized City Secretary Brenda Dennis who provided the roll call vote confirmation for agenda items 1 through 11.
             
Information available in City Council Packets - NO DISCUSSION TO OCCUR

Mayor Gutierrez mentioned agenda items 12 and 13, which were in the City Council packets, can also be found on our website.
             
12. Cibolo Small Animal Hospital Expenditures - Information regarding cumulative expenditures with Cibolo Small Animal Hospital for veterinarian services for the 2019/2020 fiscal year exceeding $50,000. (C. Kelm/M. Bane)
             
13. Southwest Public Safety Expenditures - Information regarding expenditures with Southwest Public Safety with total services for the 2019/2020 fiscal year exceeding $80,000. (C. Kelm/M. Casas)
             
Requests and Announcements
  • Announcements by the City Manager.
None at this time.
  • Requests by Mayor and Councilmembers for updates or information from staff.
None at this time.
  • Requests by Mayor and Councilmembers that items be placed on a future City Council agenda.
No items were requested.
  • 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 Gutierrez stated that last week Guadalupe County hosted a food drive which was held in the parking lot of Steel High School. The event was well attended, and he thanked Guadalupe County Commissioners Court for hosting as well as all those that came out to volunteer.

Mayor Gutierrez also stated he was able to tour the new Food Related Wholesale Grocer last week. He stated that this virus has been very devastating to a lot of companies, this company was so innovative that they took it to a different level in from providing to wholesalers to providing to our community. He passed along his appreciation and thank those who arranged the tour.
             
Adjournment

As there was no further business, Mayor Gutierrez adjourned the meeting at 7:12 p.m.
_______________________________
Ralph Gutierrez, Mayor
ATTEST:


____________________________________
Brenda Dennis, City Secretary

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