REGULAR MEETING
September 6, 2022
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on September 6, 2022, 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 Allison Heyward; Councilmember Mark Davis; City Council Place 2 - Vacant; Councilmember Jill Whittaker; Councilmember Michael Dahle; Councilmember David Scagliola; Councilmember Tim Brown
- Staff present:
- City Manager Dr. Mark Browne; Assistant City Manager Brian James; City Attorney Charles Zech; City Secretary Brenda Dennis; Deputy City Secretary Sheila Edmondson
Mayor Gutierrez called the meeting to order at 6:00 p.m.
Councilmember Whittaker provided the opening prayer followed by the pledges to the flags of the United States and the State of Texas.
Mayor Gutierrez read and presented the following proclamations:
- Proclamation recognizing National Payroll Week (Mayor/Denise Kelly-Alamo)
- Proclamation recognizing National Preparedness Month (Mayor/Summer Hall)
Introduction of New Employees
Mayor Gutierrez recognized City Department Heads who introduced their new employees.
- Inspections: Delfina Melendez, Permit Technician
- Library: Stephanie Barbosa, Librarian
- Parks & Recreation: Lexis Michael, Administrative Assistant
- Public Works Drainage: William Lewis, Drainage Worker I
- Public Works Water: Desiree Johnson, Administrative Manager, and Adam Rodriguez, Service Worker I
- Public Works Facilities: Dylan Sandberg, Electrician Apprentice
- Announcements of upcoming City Events (B. James/S. Gonzalez)
Thursday, September 8
Northeast Partnership Meeting
11:30 AM-1:30 PM
Olympia Hills Golf & Conference Center, 12900 Mount Olympus, Universal City
Please RSVP to the City Secretary’s office
Friday, September 9
Blood Drive for Gunnar, Grandson of Johnny and Donna Bierschwale
9:00 AM – 1:00 PM
Bluebonnet Park, 17630 Lookout Road, Bluebonnet Palace Parking Lot
Gunnar is battling aplastic anemia and needs blood and platelet transfusions
Saturday, September 10
Nature Discovery Series
10:00-11:00 AM
Crescent Bend Nature Park
Paws in the Pool
Two Sessions – 12:00-2:00 PM and 2:00-4:00 PM
Pickrell Park
Tuesday, September 13
Next regular scheduled Council meeting
6:00 PM
Council Chambers
Saturday, September 24
Community Car Seat Check Event
9:00 AM – 2:00 PM
Schertz Playscape at Library
“Get Prepped” Emergency Management Block Party
10:00 AM – 2:00 PM
Schertz Municipal Complex
Wednesday, September 28
SCUC ISD Legislative Advocacy Luncheon
11:30 AM
SCUC ISD Board Road, Central Office, 1060 Elbel Road
Please RSVP to City Secretary’s office by September 13, 2022
- Announcements and recognitions by the City Manager (M. Browne)
- Announcements and recognitions by the Mayor (R. Gutierrez)
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.
No One Spoke.
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 the following items into record:
Mayor Gutierrez asked if any items need to be removed for separate action. Mayor Gutierrez recognized Councilmember Scagliola who requested that item 1 be removed for separate action.
Moved by Councilmember Michael Dahle, seconded by Councilmember Tim Brown to approve consent agenda items 2 through 6.
- AYE:
- Mayor Pro-tem Allison Heyward, Councilmember Mark Davis, Councilmember Jill Whittaker, Councilmember Michael Dahle, Councilmember David Scagliola, Councilmember Tim Brown
Passed
Mayor Gutierrez read the following into record:
RESOLUTION NO. 22-R-91
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A TASK ORDER AGREEMENT WITH KIMLEY-HORN ASSOCIATES, INC., FOR PROFESSIONAL ENGINEERING AND ARCHITECTURAL-RELATED SERVICES ON THE MAIN STREET IMPROVEMENT PROJECT, AND OTHER MATTERS IN CONNECTION THEREWITH
Mayor Gutierrez recognized Councilmember Scagliola who provided his comments regarding why the need to increase the contract. Councilmember Davis stated they have already seen local impact, see activities going on in UC and Cibolo where they provided the improvements to areas. He spoke regarding the need to do this and is long overdue and do it right, not just kick the can down the road.
Councilmember Whittaker provided her concerns regarding the big jump. Assistant City Manager Brian James provided the information regarding the updated contract where they modified the scope and why. Councilmember Whittaker did mention the improvements that were discussed at their Main Street Committee.
Councilmember Brown concurred with Councilmember Davis, stating it has grown because it needs to. Need to get this moving.
As there were no further comments, Mayor Gutierrez called for a motion to approve Resolution No. 22-R-91.
Moved by Councilmember Mark Davis, seconded by Councilmember Tim Brown to approve Resolution No. 22-R-91.
- AYE:
- Mayor Pro-tem Allison Heyward, Councilmember Mark Davis, Councilmember Jill Whittaker, Councilmember Michael Dahle, Councilmember Tim Brown
- NAY:
- Councilmember David Scagliola
Passed
Mayor Gutierrez read the following into record:
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, PROVIDING THAT THE CODE OF ORDINANCES OF THE CITY OF SCHERTZ, TEXAS, BE AMENDED BY REVISING ARTICLE V, SECTION 86-39, RESTRICTIONS ON TURNING; AND PROVIDING AN EFFECTIVE DATE.
Mayor Gutierrez recognized City Engineer Kathy Woodlee who introduced this item stating It has been observed that it is not uncommon for motorists to attempt a u-turn maneuver to change direction from north bound to south bound on Schertz Parkway at the median break at Prairie Lane. City Engineering Staff investigated and determined that the maneuver at that location cannot be made safely in almost any circumstance. Sight distance is not adequate and the width of the median and turn lane is not wide enough for the turn to be made without veering into an adjacent lane of travel and interfering with other traffic.
State law (Texas Transportation Code) grants the authority to the City to regulate turning movements and both State law and City Code Section 86-39 explicitly prohibit the making of a u-turn where unsafe and/or where a sign is erected pursuant to the authority of the City Council. On August 4, 2022, the Staff presented this case to the Transportation Safety Advisory Commission (TSAC) to request that they make a recommendation to City Council to authorize the location of such a sign. TSAC unanimously voted to recommend the placement of signs in order to explicitly prohibit u-turns in both directions on Schertz Parkway at Prairie Lane. The recommendation prohibits u-turns in both directions.
The goal of Ordinance 22-D-38 is to educate and discourage motorists from attempting an unsafe turning maneuver and to provide an explicit Code reference for citation of the offense. Staff recommends approval.
Ms. Woodlee addressed questions from Council. Councilmembers provided their thoughts regarding the need for this.
Mayor Gutierrez called for a motion to approve Ordinance No. 22-D-38.
Moved by Councilmember Jill Whittaker, seconded by Mayor Pro-tem Allison Heyward to approve Ordinance 22-D-38 on first reading.
- AYE:
- Mayor Pro-tem Allison Heyward, Councilmember Mark Davis, Councilmember Jill Whittaker, Councilmember Michael Dahle, Councilmember David Scagliola, Councilmember Tim Brown
Passed
Mayor Gutierrez read the following into record:
RESOLUTION NO. 22-R-103
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, ESTABLISHING THE NAME OF THE CURRENTLY UNNAMED FUTURE EXTENSION OF CIBOLO VALLEY DRIVE ON THE NORTH SIDE OF IH 35 AS CIBOLO VALLEY DRIVE
Mayor Gutierrez recognized City Engineer Kathy Woodlee who introduced this item stating during the regular City Council Meeting on May 3, 2022, after a workshop presentation regarding the City's process for naming streets, Council had a discussion regarding the potential name for a particular future roadway. The City's Master Thoroughfare Plan calls for extension to the north of IH 35 of the existing road currently known as Cibolo Valley Drive. The existing portion of Cibolo Valley Drive within the City of Schertz City Limits was previously named Wiederstein Road and was renamed in July 2019 (Ordinance 19-R-16) to be consistent with the longer portion of the same roadway within the City of Cibolo.
During the meeting in May, City Council requested that the Transportation Safety Advisory Commission (TSAC) research and recommend a name for the future roadway for Council's approval. TSAC discussed options for the name of the road extension during their regular meeting on August 4, 2022, and voted four (4) to two (2) to recommend that the future roadway be named Cibolo Valley Drive.It is recommended that Council establishes the name of Cibolo Valley Drive for the future extension of the existing Cibolo Valley Drive.
It is recommended that Council establishes the name of Cibolo Valley Drive for the future extension of the existing Cibolo Valley Drive.
Mayor Gutierrez recognized Mayor Pro-Tem Heyward who expressed her desire to name that portion Eric White Road. Councilmembers provided their thoughts that renaming it Eric White would be too confusing, Cibolo Valley Drive gives credit to founders.
Mayor Gutierrez asked Mayor Pro-Tem Heyward was there a motion.
Motion was made by Mayor Pro-Tem Heyward seconded by Councilmember Dahle to name the unnamed future extension of Cibolo Valley Drive Eric White Road.
Nayes: Councilmembers Dahle, Davis,Whittaker, Scagliola and Brown
Motion Failed
Moved by Councilmember Mark Davis, seconded by Councilmember David Scagliola Approve Resolution No. 22-R-103 naming the unnamed future extension of Cibolo Valley Drive to Cibolo Valley Drive.
- AYE:
- Councilmember Mark Davis, Councilmember Jill Whittaker, Councilmember Michael Dahle, Councilmember David Scagliola, Councilmember Tim Brown
- NAY:
- Mayor Pro-tem Allison Heyward
Passed
Mayor Gutierrez recognized Finance Director James Walters who stated that in accordance with applicable statutes and the City Charter, the City Manager submitted a budget proposal to the City Council for consideration on August 5, 2022. The City Council held public hearings for the Proposed Budget on August 23, 2022 and, tonight, September 6, 2022.
In the General Fund, Staff has proposed adding up to 24 new positions based on the recommendations of Staff and Council. The positions include:
-3 Firefighters in preparation of station 4
- Fire Inspector to assist with annual fire inspections
- Engineer and Engineering Inspector to assist with city infrastructure projects
- Public Safety Technician and a GIS Specialist to meet the information technology needs of a growing staff and security needs
-3 Parks Maintenance Technicians to assist with the increased number of parks being developed in the City and perform more maintenance on existing parks
- Recreation Coordinator to help provide more city sponsored activities
- Plans Examiner and a Permit Technician to meet the needs of development
- Neighborhood Services Officer to help with code compliance needs
-2 School Police Officers requested and paid for by the School District
- Traffic Officer to help with the growing city
- Records Specialist in Police, a Parts Clerk in Fleet to help manage the vehicles
- Part Time Programing Specialist in the Library to help with the popular events held at the library
- Convert 2 10-hour positions to 2 20-hour positions at the library to help visitors
- Event Attendant to assist set up and clean the Civic and Community Centers when there are events
Also in the General Fund are the following programs, projects, and equipment that are new:
-Building 27 Parking Lot for vehicle and equipment storage space
-Additional Roadway Maintenance Funds
-Internet and fiber upgrades on the City's network due to its age
-eProcurement software to accept bids online which should allow for more competitive bids
-Replace the Police Records Management Software to meet the data driven needs of operations
-Restart the Library Hotspot program to provide a home internet solution to families,
-Acquire the Cellebrite system for Police to speed up investigation timelines by being able to review cellphone data in house
-Replace body armor for the SWAT team
-Purchase a 600 gallon Emulsion Tank that will store more oil used for road repair projects and make operations more efficient
-Purchase additional public safety radios to hand out to key employees during events or emergencies to ensure good communication
-Update and add security cameras at public safety buildings
-Purchase additional library materials
-Increase the cleaning contract for emergency cleanings at the library
-Upgrade the inventory and work order software used by public works that is no longer being supported by the developer
-purchase a hard drive shredder for IT and reduce service costs of outsourcing
-Provide Office 365 training to employees to better utilize the software
-Install noise mitigation tiles at the library to reduce sound inside the study rooms
-Provide annual trail funding to design and construct new trails
-Purchase a skid steer with a mulch head
-Purchase new breaching tools and shields for the Police
-Provide for additional job advertisements and hiring incentives
-Providing funding to start the Cibolo Creek Clean Up Program
The Emergency Medical Services team is proposing to add 8 new paramedics/EMTs to add another active ambulance on the road and to switch from 24 hours shifts to 12 hour shifts due to health concerns in the industry. These positions will be offset by increased revenue from having more ambulances on the road and savings in overtime with the change from 24 hour shifts. They are also proposing to add a mental health canine for staff to address mental health concerns caused on the job.
The Water & Sewer Fund is proposing to add utility bill text messaging services for notifications of pending bill due dates to help citizens avoid late penalties with a helpful reminder. They are also proposing to add Water/Sewer Gems software to keep an updated model of water and sewer needs as the city grows to help predict and plan for infrastructure needs. Lastly, they are proposing to purchase a mobile bypass pump to keep the water/sewer system operational if there is a mechanical or electrical failure at the existing pumps.
Staff also proposes to raise salaries for all departments by 3% across the board for inflation. In addition, staff making less than $53,000 would get an additional 4%, staff making between $53,000 and $75,000 would receive an additional 2%, and staff over $75,000 would receive 1% additional. This program will replace the standard 2% merit program this year temporarily.
Fiscal Impact:
| General Fund | $44,376,036 |
| Tax I&S Fund | 8,686,248 |
| Water & Sewer Fund | 26,850,237 |
| Capital Recovery - Water | 44,000 |
| Capital Recovery - Sewer | 52,500 |
| Drainage Fund | 1,439,807 |
| EMS Fund | 11,719,662 |
| SEDC | 10,050,960 |
| Special Events Fund | 24,000 |
| PEG Fund | 60,000 |
| Hotel Occupancy Fund | 272,915 |
| Park Fund | 125,000 |
| Tree Mitigation | 70,000 |
| Roadway Impact Fee Area1 | 5,000 |
| Roadway Impact Fee Area2 | 55,000 |
| Roadway Impact Fee Area3 | 5,000 |
| Roadway Impact Fee Area4 | 3,000 |
| Library Fund | 22,200 |
| Historical Committee | 11,750 |
| Total: | $103,873,31 |
A copy of the proposed budget is available for view on the City’s webpage www.schertz.com. This copy will include all changes included in the change memo. He also stated per state statutes and the City Charter, the city must adopt a budget prior to the beginning of the fiscal year beginning October 1st.Staff recommends that the City Council approve the first reading of Ordinance No. 22-T-30, adopting the budget for the fiscal year beginning October 1, 2022, and ending September 30, 2023.
Mayor Gutierrez opened the public hearing, and as no one spoke; closed the public hearing for Council comments. No comments from Council.
Mayor Gutierrez called for a motion to approve Ordinance 22-T-30 on first reading.
Moved by Councilmember Tim Brown, seconded by Mayor Pro-tem Allison Heyward to approve Ordinance 22-T-30 on first reading.
- AYE:
- Mayor Pro-tem Allison Heyward, Councilmember Mark Davis, Councilmember Jill Whittaker, Councilmember Michael Dahle, Councilmember David Scagliola, Councilmember Tim Brown
Passed
Moved by Councilmember Tim Brown, seconded by Mayor Pro-tem Allison Heyward to approve Ordinance No 22-T-30 on first reading.
- AYE:
- Mayor Pro-tem Allison Heyward, Councilmember Mark Davis, Councilmember Jill Whittaker, Councilmember Michael Dahle, Councilmember David Scagliola, Councilmember Tim Brown
Passed
Mayor Gutierrez read the following into record:
AN ORDINANCE ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2022, AND ENDING SEPTEMBER 30, 2023, IN ACCORDANCE WITH THE CHARTER OF THE CITY OF SCHERTZ, TEXAS; PROVIDING FOR THE FILING OF THE BUDGET; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
Mayor Gutierrez recognized Finance Director James Walters who introduced this item stating at the August 9, 2022 regular session, the City Council, by record vote, established a proposed preliminary maximum tax rate of $0.4999 , per $100 of value, with the M&O rate at $0.3519 and the I&S portion of $0.1480. This rate was under the Voter-Approval rate but greater than the No-New-Revenue rate.
On August 12, staff received a new Voter-Approval rate from the Guadalupe Tax Assessor Collector of $0.4968. Due to this change staff brought this change to council on August 23rd, where council set a new preliminary tax rate of $0.4950. This rate is under the new Voter-Approval rate and is greater than the No-New-Revenue rate.
In accordance with Chapter 26.05(d) of the State’s Property Tax Code, a governing body must hold a public hearing on the tax rate if the proposed tax rate exceeds the lower of the No-New-Revenue or Voter-Approval Tax Rate. In this case a hearing is required as the proposed rate does exceed the No-New-Revenue rate.
A public hearing was held on August 23, 2022 regular session of City Council. A second public hearing will be conducted tonight, September 6, 2022.
During the tax rate adoption process Council can approve a lower rate, however they will not be able to approve a rate higher than this without republishing the notices and holding additional public hearings. Due to timing constraints set by the State Tax Code 26.05(a), the latest council could set a new preliminary rate was August 23, 2022 without calling special meetings or declaring an emergency.
Per Sec 26.05(b) of the Tax Code, the tax rate can only be adopted with more than 60% of the votes in favor of the proposed tax rate. Since Schertz has 6 voting councilmembers, 4 members must vote in favor of the tax rate for it to pass.
Mayor Gutierrez opened the public hearing, and as no one spoke; closed the public hearing for Council comments. Councilmember Scaglio9la stated he still had a problem with the tax rate.
Mayor Gutierrez called for a motion to approve Ordinance 22-T-31 on first reading and noted the special motion that needed to be made.
Moved by Councilmember Tim Brown, seconded by Mayor Pro-tem Allison Heyward moved that the property tax rate be increased by the adoption of a tax rate of 0.4950. which is effectively a 9.4% increase in the tax rate.
- AYE:
- Mayor Pro-tem Allison Heyward, Councilmember Mark Davis, Councilmember Jill Whittaker, Councilmember Michael Dahle, Councilmember Tim Brown
- NAY:
- Councilmember David Scagliola
Passed
Mayor Gutierrez recognized Parks Recreation & Community Services Director Lauren Shrum who provided information regarding the program.
Purpose: To train students in leadership techniques and community awareness. Participants will be introduced to the multiple facets that make up Schertz: Local Government, Education, Community Businesses & Partners, and the Randolph Air Force Base. Through participation in the program, students will be prepared to make a positive impact on the quality of life in their current and future communities.
Objectives: To select a diverse group of 12 students who have exhibited leadership qualities or display the initiative to enhance their community through leadership and service.
To foster the development of knowledgeable citizens and future leaders of Schertz through in-depth programs that introduce students to the wide variety of opportunities, challenges, and resources available in the City.
Allow students to interact with community leaders and decision makers.
Collaborate with community partners to provide students with a well-rounded view of Schertz.
Committed Partners:
Operation Total Leadership:
Julio Serrano - Two hours of lesson delivery per session, curated participant guides and handouts, selection committee
SCUC Independent School District - Selected students will receive co-curricular excused absences for the program, Transportation to and from the program, selection committee.
Eligibility:
- High School Student
- Schertz Resident or SCUCISD Student
- Application & Essay Submittal
- Guardian & School Administrator Approval
Candidate Selection:
Selection Process:
- 9/12: Applications open
- 10/10: Applications close
- 10/11-10/13: Selection committee meets and grades applications & essays with rubric
- 10/14: Selected candidates are notified
- Recreation Manager: Cassie Paddock
- SCUCISD Representative: Amy Massey
- City Council Member:
- Public Affairs Director: Linda Klepper
- Operation Total Leadership Representative: Julio Serrano

Ms. Shrum answered questions from Council.
Mayor Gutierrez recognized City Secretary Brenda Dennis who provided the roll call vote confirmation on agenda items 1 through 10.
Mayor Gutierrez read the following into record.
Mayor Gutierrez recessed the Regular Meeting at 7:27 p.m. into closed session.
Mayor Gutierrez reconvened into Regular Session at 9:04 p.m.
No action taken.
Moved by Mayor Pro-tem Allison Heyward, seconded by Councilmember Michael Dahle to approve the acquisition of said property that they approved back in July at a maximum of $3.75M.
- AYE:
- Mayor Pro-tem Allison Heyward, Councilmember Mark Davis, Councilmember Jill Whittaker, Councilmember Michael Dahle, Councilmember David Scagliola, Councilmember Tim Brown
Passed
No action taken.
Mayor Gutierrez recognized City Secretary Brenda Dennis who provided the roll call vote confirmation for agenda item 16.
Mayor Gutierrez stated that Agenda Item 18 is an Informational item and can be found in the Council packets as well as can be found online.
- 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 Whittaker stated she attended the Sysco Groundbreaking Ceremony and attended the Smoothie with the Chamber event.
Councilmember Dahle stated he attended the Planning and Zoning Commission meeting last week. Stopped by for the Waffle Breakfast and also attended the Smoothie with the Chamber event.
Councilmember Brown stated he attended Planning and Zoning Commission meeting last week and also attended the Employee Recogntion Waffle Breakfast.
Mayor Gutierrez adjourned the meeting at 9:09 p.m.
____________________________________
Brenda Dennis, City Secretary