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11-12-2014 Agenda with backup MEETING AGENDA City Council SPECIAL SESSION CITY COUNCIL November 12, 2014 HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 Policy Values Economic Prosperity Fiscally Sustainable Family Friendly for All Ages High Quality of Life Safe Community Essential Services Attractive Community Innovative and Proactive Service Oriented Friendly City AGENDA WEDNESDAY, NOVEMBER 12, 2014 AT 6:30 P.M. Call to Order – Regular Session Invocation and Pledges of Allegiance to the Flags of the United States and State of Texas. (Mayor Pro-Tem John) 1. Resolution No. 14-R-91 – Consideration and/or action approving a Resolution approving the Official Canvass of the November 4, 2014, Returns and Declaring the Results of the Election; and other matters in connection therewith (Mayor Carpenter/B. Dennis) 1A. Oath of Office – (B. Dennis) A. Newly Elected Officers – Oath of Office. (B. Dennis) B. Certificate of Election – Presentation of Certificate of Election. (Mayor Carpenter) City Events and Announcements • Announcements of upcoming City Events (J. Bierschwale/B. James) • Announcements and recognitions by City Manager (J. Kessel) 11-12-2014 Council Agenda 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. Discussion and Action Items 2. Minutes - Consideration and/or action regarding the approval of the minutes of the Regular Meeting of October 28, 2014. (J. Kessel/B. Dennis) 3. Ordinance No. 14-M-46– Consideration and/or action approving an Ordinance authorizing and amending the City Council Rules of Conduct and Procedure; repealing all Ordinances or parts of ordinances in conflict with the Ordinance. Final Reading (Mayor/Council) 4. Ordinance No. 14-S-47- Conduct a public hearing and consideration and/or action approving an Ordinance amending Part III, Schertz Code of Ordinances, Unified Development Code (UDC), Article 5 and 10 of the City of Schertz Unified Development Code (UDC) to create the Main Street Mixed Use Zoning District. First Reading (B. James/B. James) Roll Call Vote Confirmation Requests and Announcements 5. Announcements by City Manager • Citizen Kudos • Recognition of City employee actions • New Departmental initiatives 6. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. 7. Requests by Mayor and Councilmembers to City Manager and Staff for information. 8. Announcements by Mayor and Councilmembers PH 11-12-2014 City Council Agenda Page - 2 - • 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 Adjournment CERTIFICATION I, DONNA SCHMOEKEL, DEPUTY 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 7th DAY OF NOVEMBER 2014 AT 2:10 P.M., WHICH IS A PLACE READILY ACCESSIBLE TO THE PUBLIC AT ALL TIMES AND THAT SAID NOTICE WAS POSTED IN ACCORDANCE WITH CHAPTER 551, TEXAS GOVERNMENT CODE. Donna Schmoekel Donna Schmoekel, Deputy City Secretary 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 _______________, 2014. ____________________________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 executive 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. Executive Sessions Authorized: This agenda has been reviewed and approved by the City’s legal counsel and the presence of any subject in any Executive 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 11-12-2014 City Council Agenda Page - 3 - Mayor Carpenter Audit Committee Hal Baldwin Scholarship Committee Interview Committee for Boards and Commissions Investment Advisory Committee TIRZ II Board Mayor Pro-Tem John – Place 3 Lone Star Rail District Councilmember Fowler – Place 1 Interview Committee for Boards and Commissions Schertz Housing Board Liaison Randolph Joint Land Use Study (JLUS) Executive Committee Councilmember Scagliola – Place 2 Animal Control Advisory Committee Cibolo Valley Local Government Corporation Schertz Seguin Local Government Corporation Interview Committee for Boards and Commissions Sweetheart Advisory Committee Councilmember Edwards – Place 4 Audit Committee Hal Baldwin Scholarship Committee Councilmember Duke – Place 5 Audit Committee Investment Advisory Committee 11-12-2014 City Council Agenda Page - 4 - Agenda No. 1 CITY COUNCIL MEMORANDUM City Council Meeting: November 12, 2014 Department: City Secretary Subject: Resolution No. 14-R-91– Canvass of the November 4th Election BACKGROUND Consideration and or action to approve Resolution No. 14-R-91 of the City Council of the City of Schertz, Texas approving the canvass of the November 4, 2014 General Election returns and declaring the results of the election. The City Secretary will be receiving the final election results on Wednesday, November 12, 2014 by noon and will present the final report to Council during this meeting. FISCAL IMPACT None RECOMMENDATION Approve Resolution No. 14-R-91, declaring the winners. ATTACHMENTS Resolution No. 14-R-91 RESOLUTION NO. 14-R-91 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, APPROVING THE CANVASS OF THE NOVEMBER 4, 2014 GENERAL ELECTION AND DECLARING THE RESULTS OF SUCH ELECTION WHEREAS, a general election was held in the City of Schertz, Texas (the “City”), on the 4th day of November, 2014 to elect the Mayor and Councilmembers for Place 1 and Place 2; and WHEREAS, said elections were duly and legally held in conformity with the applicable election laws of the State of Texas (“Texas”); and WHEREAS, the administrators of the election have provided to the City, as required by applicable Texas law, the election results, as tabulated by the administrators on the night of the election; and WHEREAS, in accordance with applicable Texas law, Mayor Carpenter and the City Council duly canvassed the results of the election on this the 12th day of November, 2014; and WHEREAS, as a result of the canvass, the reported votes establish the following results: Bexar County Bexar County Comal/Guadalupe County EV Comal/Guadalupe County Total EV ED ED Votes Mayor Michael R. Carpenter 140 92 3499 1799 5530 Steve White 57 39 1112 677 1885 Place 1 Jim Fowler 111 80 2920 1616 4727 Bert Crawford 64 47 1414 678 2203 Place 2 Grumpy Azzoz 75 49 2214 1291 3629 David L. Scagliola 101 73 2256 1085 3515 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: SECTION I The City Council finds that the results of the general election as set forth above reflect the reported votes, and the canvass of votes is hereby approved. SECTION II The total of votes cast during early voting was ____________by personal appearance, and _________ votes were cast on Election Day. The total number of votes cast in this election was _______. SECTION III Michael R. Carpenter Is hereby declared elected to the Office of Mayor. Jim Fowler Is hereby declared elected to the Office of Councilmember Place 1. Grumpy Azzoz Is hereby declared elected to the Office of Councilmember Place 2. PASSED, APPROVED AND ADOPTED this 12th day of November, 2014. ___________________________ Michael R. Carpenter, Mayor Attest: __________________________________ Brenda Dennis, City Secretary Page 2 Agenda No. 2 CITY COUNCIL MEMORANDUM City Council Meeting: November 12, 2014 Department: City Secretary Subject: Minutes BACKGROUND The City Council held a regular meeting on October 28, 2014. FISCAL IMPACT None RECOMMENDATION Staff recommends Council approve the minutes of the regular meeting on October 28, 2014. ATTACHMENT Minutes –regular meeting October 28, 2014 MINUTES REGULAR MEETING October 28, 2014 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on October 28, 2014, 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: Mayor Michael Carpenter Mayor Pro-Tem Daryl John Councilmember Jim Fowler Councilmember David Scagliola Councilmember Cedric Edwards Councilmember Matthew Duke Staff Present: City Manager John Kessel Deputy City Manager John Bierschwale Executive Director Brian James Chief of Staff Bob Cantu City Attorney Charles Zech City Secretary Brenda Dennis Call to Order Mayor Carpenter called the meeting to order at 6:04 p.m. Invocation and Pledges of Allegiance to the Flags of the United States and the State of Texas (Mr. Ken Ratcliff, Schertz Church of Christ) Mr. Ken Ratcliff provided the invocation followed by the Pledges of Allegiance to the Flags of the United States and the State of Texas. City Events and Announcements • Announcements of upcoming City Events (J. Bierschwale/B. James) Mayor Carpenter recognized Executive Director of Development Brian James who provided the following announcements: • Early Voting continues through Friday, October 31st. • Wednesday, October 29, SSLGC Administrative Building Dedication, 108 W. Mountain St., Seguin, TX, 6:30 p.m. • Thursday, October 30, Community Volunteer Banquet & Steve Simonson Award, Schertz Civic Center-Bldg#5, 6:30-9 p.m. • Friday, October 31, Trunk-Or-Treat, Pickrell Park, 6:00 p.m. • Saturday, November 1, Junior Achievement 5K Run, Pickrell Park, 7:00 a.m. • Sunday, November 2, Daylight Savings Time changes; set clocks back 1 hour. • Tuesday, November 4, Election Day • Friday, November 7, Hal Baldwin Scholarship Golf Tournament, Olympia Hills Golf Course, starts at 8:00 a.m. • Friday, November 11, Veterans Memorial Plaza, 512 Schertz Parkway, 10: a.m. 10-28-2014 Minutes Page - 1 - Mr. James also stated that one of our staff members whom you see here often, Chuck McCol1ough, just had a birthday yesterday so make sure you give him a belated Happy Birthday wish when you see him. Mayor Carpenter wished Mr. McCollough a belated Happy Birthday. • Announcements and recognitions by City Manager (J. Kessel) Mayor Carpenter recognized City Manager John Kessel who stated we just finished up this year’s merit program which is a massive undertaking that involves 325 full- time employees. It all comes down to a lot of work in the Finance Department to get all that information organized and properly updated in our system. A lot of the information is hand entered data and he wanted to recognize Elizabeth Wiley who is in the Finance department who did all that work and made certain everything was correct. Mr. Kessel stated we are appreciative of everything she did with the city’s merit payroll changes and she had to also keep up with her other normal duties simultaneously. She did an amazing job and if you see her, tell her how much she is appreciated. 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 Carpenter recognized the following who spoke: • Ms. Pamela Britt, 5205 Cabana Drive, who spoke regarding the flooding issues in the area around Lowes. They have been fighting this issue since 2008. She provided some hardcopy information to Council. Lowes has claimed responsibility for the flooding problems three times. They have built a retaining wall; however, the PSI pressure that comes to her home is unbelievable. She said the grates are not the only problem; it is also the PSI pressure. Beginning in 2009 is when it became worse. The flooding has at times taken her home skirting, insulation and wood. Her home has been in the family 35 years and she doesn’t have her husband/handyman any more to help make repairs. She is stuck here. In talking with Lowes, they say the City should be taking care of her. For four years 10-28-2014 Minutes Page - 2 - sandbags have been laid up behind the retaining wall. When the rain in May came, it did not protect her property. She is asking for the City to speak with the people at Lowes again to get this corrected. • Ms. Rosemary Grayson, 5213 Cabana Drive, who also spoke regarding the flooding problems from Lowes. She has had engineers look at this area and she has taken some classes in urban geography including information about rainfall. In the past, she has taken pictures regarding the depth of water after a rainfall. She has compared her rainfall data with several local weather stations and the information matches. Now, she is concerned about two things. First, we haven’t had a big flooding rainfall that is even a quarter of what the engineers said the culvert is good for, so what will happen when we do. The second thing is the vacant lot beside Lowes; she was assured that any water from that property would not go into the pipe that was aimed at the Britt’s house but would go to the pipe in the middle of the ditch. Mr. Britt crawled through that ditch and found out the pipe had been sealed. Her concern is that when the new development is made, she wants to be sure that they don’t cut into that pipe but go to the one more towards Interstate Highway 35. She hopes the City can give her assurances that when new development occurs there will not be additional fast water added to the situation. Mayor Carpenter stated that since the last time he spoke with her there has been some action that has been taken by the City and she needs to have those updates. He requested she work with Executive Director of Development Services Brian James on getting this information. • Mr. Henry Gutierrez, Bexar Waste, who spoke regarding the recently concluded the fall cleanup. Bexar Waste had over 2,500 residents who signed in over a 16 day period. He said they may need some traffic enforcement assistance on the weekends the next time we hold this event. They help out a lot elderly or handicapped people during this time. Overall, he said they helped a lot of people and it just keeps getting bigger each time. He wondered if Council had any comments on this. Mayor Carpenter stated that they could not comment on it now but he would say something at the end of the agenda since he availed himself of the service. Mr. Gutierrez also wanted to say that three (3) weeks ago they lost an employee, Paul Kalinec. Mr. Gutierrez stated he was his right hand man in regard to sales and customer service and he worked closely with the Marshal’s Office and other city staff. He wanted to introduce his new employee, Selena Roach who will be working with city staff in the future. Discussion and Action Items 1. Minutes – Approve the minutes of the regular meeting of October 21, 2014. (J. Kessel/B. Dennis) Mayor Carpenter recognized Councilmember Edwards who moved, seconded by Councilmember Duke to approve the meeting minutes of October 21, 2014. The vote 10-28-2014 Minutes Page - 3 - was unanimous with Mayor Pro-Tem John, Councilmembers Fowler, Scagliola and Edwards and Duke voting yes and no one voting no. Motion passed. 2. Cancellation of the November 4, 2014 City Council Meeting and holding a Special meeting on November 12, 2014 – Consideration and/or action cancelling the November 4, 2014 City Council meeting, and holding a Special Meeting on November 12, 2014. (J. Kessel/Mayor/Council) Mayor Carpenter asked City Secretary Brenda Dennis to elaborate on the reason for the special meeting request of November 12, 2014. Ms. Dennis stated that November 10 and 11 were approved last year as official city holidays. Therefore, we need to hold a special meeting the next day (Wednesday) so she can canvass the election results which she will be receiving at noon on that day. The final numbers will be ready to present at council that evening. She also stated that November 12th is the earliest date we can canvass the election. Mayor Carpenter recognized Councilmember Edwards who moved, seconded by Councilmember Duke to approve the cancellation of the November 4, 2014 City Council meeting and hold a Special meeting on November 12, 2014. The vote was unanimous with Mayor Pro-Tem John, Councilmembers Fowler, Scagliola and Edwards and Duke voting yes and no one voting no. Motion passed. 3. Ordinance No. 14-M-46– Consideration and/or action approving an Ordinance authorizing and amending the City Council Rules of Conduct and Procedure; repealing all Ordinances or parts of ordinances in conflict with the Ordinance. First Reading (Mayor/Council) ORDINANCE NO. 14-M-46 AN ORDINANCE BY THE CITY OF SCHERTZ AUTHORIZING AMENDED CITY COUNCIL RULES OF CONDUCT AND PROCEDURE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE Mayor Carpenter stated that he had requested this item as a result of what happened when council was approving the tax rate and budget a few months ago. He stated Councilmember Duke was correct in pointing out a matter of procedure that we had on the books, a motion to reconsider. However, the request for reconsideration had to come from someone who was in the prevailing party. After reading that section, he realized while the intent was there, it did not say that specifically. It just said that anyone could make a motion to reconsider. Without a limitation on that we could actually have a motion to reconsider item after item. Roberts Rules of Order actually is the one that specifies that such a motion must come from the prevailing vote. Since we have some alternatives here before us he asked the City Attorney Charles Zech to walk us through those first before discussion begins. 10-28-2014 Minutes Page - 4 - City Manager John Kessel spoke first to explain the two alternatives stating that the first alternative is the standard Roberts Rules of Order. The reason to select this one primarily would be that you wouldn’t want to have something continue to come back over and over again. The second alternative addresses the situation that we had occur which was how you would allow a minority opinion to reconsider in unusual circumstances that most folks would consider reasonable. So we have a provision that says we can only have two motions for reconsideration that would address the kind of badgering situation where someone is just doing that to disrupt the proceedings but does allow a minority opinion to have the motion reconsidered. This is a benefit in that we are a public organization that has a number of different constituents and ideas. Council has often said if there is a need for transparency and open discussion on an item we should err on the side of more transparency and more discussion rather than less. This is to address the one consideration of not having it occur over and over again but provide the opportunity for anyone on the dais to ask for it to be reconsidered . There is not a right or wrong answer. Ultimately a motion has to have a second and an affirmative vote by a majority. With that said, he leaves it to the Council for discussion. Mayor Carpenter stated since he brought this item up, he thinks a good option is to allow any member of Council to put forth a motion to reconsider whether they be in the majority prevailing or in the group that does not prevail. Many times in the past he has seen that something has come up that would be a salient point on something that had already been discussed and voted on. Therefore, he prefers a provision that allows anybody to bring forth a motion to reconsider, but also have a limit on that so we would not have 50 motions to reconsider. Mayor Carpenter recognized Councilmember Fowler who stated he agreed there could be unusual circumstances where someone who voted in the affirmative might want to relook at it as well as someone who lost. He agrees that we should limit it; two reconsiderations, seems to be reasonable. His question is: When does the motion for reconsideration have to occur, right after the vote is taken? Mayor Carpenter responded that the intent is at any time before the meeting adjourns. Mayor Carpenter recognized City Attorney Charles Zech who expanded on this by saying another possible outcome could be that someone makes a motion to reconsider, it gets a second, and you vote on the motion to reconsider; you now have a motion to reconsider the item. Then you could make another motion to place it on the next agenda to be further discussed and voted on during the next meeting. It should be noted that the motion to reconsider is a separate motion that has nothing to do with the substance of the original agenda item. As the Mayor explained earlier, if someone makes a motion to reconsider and it gets a second, you must dispose of the motion to reconsider at that meeting before adjournment. If you affirmatively agree to reconsider the item immediately afterwards, then the agenda item is back before the body at that point in time and City Council may act on it immediately. A second option is that Council could say, we want to discuss and reconsider the item at the next meeting. 10-28-2014 Minutes Page - 5 - Mayor Carpenter summarized all this by saying 1) anyone can bring an item up for reconsideration, 2) it can happen more than once, and 3) it leaves the door open for reconsideration at a subsequent council meeting. Mr. Zech further clarified that if an item for reconsideration is affirmatively voted to be placed on the next meeting agenda; it may be reconsidered two more times at that second meeting. The ordinance that is currently written limits the motions for reconsideration per meeting, not ‘in total’. Mayor Carpenter recognized Councilmember Edwards who suggested a change to the currently written ordinance stating he preferred the wording ‘any councilmember’ rather than ‘prevailing side’. Mayor Carpenter recognized Councilmember Edwards who moved, seconded by Councilmember Scagliola to approve Resolution No. 14-M-46 with the change of allowing any councilmember to make a motion to re-consider an item, and limiting that request to two. The vote was unanimous with Mayor Pro-Tem John, Councilmembers Fowler, Scagliola, Edwards and Duke voting yes and no one voting no. Motion passed. Roll Call Vote Confirmation Mayor Carpenter recognized City Secretary Brenda Dennis who recapped the votes of items 1 through 3. Requests and Announcements 4. Announcements by City Manager o Citizen Kudos o Recognition of City employee actions o New Departmental initiatives No further announcements were made. 5. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. Mayor Carpenter recognized Councilmember Scagliola who stated he would like a discussion of the use of personal electronic devices during council meetings. Mayor Carpenter requested it be put on the November 18th agenda. He requested a discussion of council rules of procedure, code of conduct and proposed ethics ordinance. Mayor Carpenter recognized Councilmember Fowler who requested that in the next 30 days he would like Council to begin to explore what the City can do to help minimize blighted areas in our neighborhoods. This is in regard to code enforcement, where citizens may not be able to afford the cleanup request. If this is the case, how can the city help in these situations? City Manager John Kessel suggested a work session discussion 10-28-2014 Minutes Page - 6 - format where staff can outline all these different areas for council. Councilmember Fowler agreed that was fine. 6. Announcements by Mayor and Councilmembers o City and community events attended and to be attended o City Council Committee and Liaison Assignments (see assignments below) o Continuing education events attended and to be attended o Recognition of actions by City employees o Recognition of actions by community volunteers o Upcoming City Council agenda items Mayor Carpenter recognized Councilmember Fowler who stated he just wanted to make a report on his observations at the local polling place during this early election period. So far it looks like we are having close to three (3) thousand folks voting. We are maintaining a pace of about 300-400 people per day which could bring us to around six (6) to seven (7) thousand people at the end of Election Day, November 4th. So far it looks like a good turnout. Go Schertz and vote! Mayor Carpenter recognized Councilmember Scagliola who stated he just wanted to say thank you to Ms. Maggie Titterington, President of the Schertz Chamber of Commerce for hosting and acting as the moderator of the ‘Meet the Candidates’ event last Thursday evening. Mayor Carpenter stated he did avail himself of the fall cleanup that Bexar Waste had for us earlier this month. It was fantastic and is an important part of what we do each year to give our citizens an opportunity to clean up on their residential lots. He thanked business owner Henry Gutierrez for this service. Mayor Carpenter also stated that another tradition within the city is that at the meeting before an election we wish all the candidates good luck; those that are running for re- election and those who are running to be elected. He wished everyone good luck in their campaign efforts. Adjournment As there was no further business, the meeting was adjourned at 6:48 p.m. __________________________________ Michael R. Carpenter, Mayor ATTEST: __________________________________ Brenda Dennis, City Secretary 10-28-2014 Minutes Page - 7 - Agenda No. 3 CITY COUNCIL MEMORANDUM City Council Meeting: November 12, 2014 Department: Council Subject: Ordinance No. 14-M-46 An Ordinance authorizing and amending the City Council Rules of Conduct and Procedure: repealing all ordinances or parts of ordinances in conflict with this ordinance. (Final Reading) BACKGROUND At the September 23, 2014 Council meeting, Mayor Carpenter stated he wanted to have a discussion regarding the Council Rules of Conduct and Procedure at an upcoming meeting to discuss the possibility of revising the language for procedures of reconsideration of a vote. Mayor Carpenter expressed concern that the current rules may allow unlimited reconsiderations of an item. In many communities, they allow a limited number of reconsiderations. There are different ways to provide for this. One common way would be to provide that a motion to reconsider must be made by a Councilmember who voted with the prevailing side. Another way is to allow any Councilmember to make a reconsideration but provide that only a limited number of reconsiderations may occur (twice). The first alternative is how Robert’s Rules of Order handles the motion. It also has the advantage of limiting motions for reconsideration to those in the majority of the vote who may have need to reconsider while limiting the ability of someone who was in the minority position to reconsider motions. The City does not strictly follow Robert’s Rules of Order as we have our own rules of order to better meet the needs of a municipality. Often the difference is to allow a more open process because we are here to be open and transparent to the public. The second alternative has the advantage of allowing those in a minority position to bring forth a reconsideration, yet still require a majority vote to allow that reconsideration to occur. The number limits the abuse of a reconsideration by limiting the number of times that such a reconsideration can be made. City Council considered this on first reading at their meeting of October 28, 2014 and unanimously voted to approve first reading with the following: A motion to reconsider allows a main motion to be brought back before the City Council for consideration. May City Council Memorandum Page 2 be made only at the meeting at which the vote to be reconsidered was taken. It may be made by any member of City Council. Any City Council member may second it. It can be made while any other question is pending, even if another member has the floor. It requires a majority vote to pass. A motion may only be reconsidered twice. Goal To clarify, update and amend the Council’s Rules of Conduct and Procedures related to procedures for reconsideration of an action. Community Benefit To clearly establish procedures for reconsideration of an action. Summary of Recommended Action Staff recommends Council approve final reading of Ordinance No. 14-M-46 amending the Council Rules of Conduct and Procedures by amending the following: Section 9.3 is amended as follows: Motion Procedures. There are twelve (12) types of motions in three (3) categories: Meeting Conduct Motions (4 types), Disposition Motions (7 types), and Main Motions (3 types). When any motion is pending, any motion listed above it on the chart below is in order; those below it are out of order. Motion May Interrupt Speaker Second Required Debatable Amendable Resolved by Chair No Vote Affirmative Vote by 3 Council- members 2/3 Vote Meeting Conduct Motions point of privilege yes no no no yes no no point of procedure or order yes no no no yes no no to appeal a ruling no yes yes no no yes no to recess no yes yes yes no yes no Disposition Motions to withdraw yes no no no yes no no to postpone no yes yes yes no yes no to refer no yes yes yes no yes no to amend no yes yes yes no yes no to limit or close debate or ”call the question” no yes yes yes no no yes to extend debate no yes yes yes no yes no to count the vote no yes no no No** no no Main Motions to reconsider yes yes if original motion no no yes no City Council Memorandum Page 3 was debatable to rescind no yes yes yes no no yes to take action no yes yes yes no Yes*** no Section 9.14 is hereby amended to read as follows: Motion to Reconsider. Allows a main motion to be brought back before the City Council for consideration. May be made only at the meeting at which the vote to be reconsidered was taken. It may be made by any member of City Council. Any City Council member may second it. It can be made while any other question is pending, even if another member has the floor. It requires a majority vote to pass. A motion may only be reconsidered twice. If the reconsideration is moved while another subject is before the City Council, it cannot interrupt the pending business, but, as soon as the pending business has been disposed of the motion has the preference over all other main motions and general business of the agenda. In such a case the Mayor does not state the question on the reconsideration until the immediately pending business is completed. Section 9.15 is added to read as follows: Motion to Rescind. The motion to rescind is a main motion without any privilege, may only be made when there is nothing else before the City Council and must be made at the same meeting at which the subject matter of the motion was considered and it requires a two-thirds vote of the City Council members. It cannot be made if a motion to reconsider has been previously made. The motion to rescind can be applied to votes on all main motions with the following exceptions: votes cannot be rescinded after something has been done as a result of that vote that the City Council cannot undo; or, where a resignation has been acted upon, or one has been appointed to, or expelled from, a committee or office, and was present or was officially notified. In the case of expulsion, the only way to reverse the action afterwards is to restore the person to the committee or office, which requires the same preliminary steps and vote as is required for the original appointment. Section 9.16 is added to read as follows To Take Action; Main Motions. Main motions state proposed policy or action on a substantive issue being considered by the Council. As such, the motion is an initial call to take particular action. Although lowest in precedence among all motions, main motions are clearly the most important: through their content, the business decisions of the Council are determined. A main motion can be made only when a prior main motion has been disposed of. It cannot interrupt a speaker; a second is required; it is debatable and amendable; and an affirmative vote of three (3) Councilmembers is required unless a greater vote is prescribed by the Charter or State law. FISCAL IMPACT None City Council Memorandum Page 4 RECOMMENDATION Staff recommends approval of final reading of Ordinance No. 14-M-46 ATTACHMENTS Ordinance No. 14-M-46 Attachment A – Redlined Corrected Rules of Conduct and Procedure ORDINANCE NO. 14-M-46 AN ORDINANCE BY THE CITY OF SCHERTZ AUTHORIZING AMENDED CITY COUNCIL RULES OF CONDUCT AND PROCEDURE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council of the City of Schertz has previously adopted Rules of Conduct and Procedure for the conduct of meetings of the City Council; and WHEREAS, the City Council has determined that it is in the best interest of the City to amend, update, and clarify the Rules of Conduct and Procedure as set forth on Exhibit A attached hereto (the “Amended Rules of Conduct and Procedure”); NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. That the City Council Rules of Conduct and Procedure are amended as follows: Section 9.3 is amended as follows: Motion Procedures. There are twelve (12) types of motions in three (3) categories: Meeting Conduct Motions (4 types), Disposition Motions (7 types), and Main Motions (3 types). When any motion is pending, any motion listed above it on the chart below is in order; those below it are out of order. Motion May Interrupt Speaker Second Required Debatable Amendable Resolved by Chair No Vote Affirmative Vote by 3 Council- members 2/3 Vote A. Meeting Conduct Motions 1. point of privilege yes no no no yes no no 2. point of procedure or order yes no no no yes no no 3. to appeal a ruling no yes yes no no yes no 4. to recess no yes yes yes no yes no B. Disposition Motions 5. to withdraw yes no no no yes no no 6. to postpone no yes yes yes no yes no 7. to refer no yes yes yes no yes no 8. to amend no yes yes yes no yes no 9. to limit or close debate or ”call the question” no yes yes yes no no yes 10. to extend debate no yes yes yes no yes no 11. to count the vote no yes no no No** no no C. Main Motions 12. to reconsider yes yes if original motion was debatable no no yes no 13. to rescind no yes yes yes no no yes 14. to take action no yes yes yes no Yes*** no Section 9.14 is hereby amended to read as follows: Motion to Reconsider. Allows a main motion to be brought back before the City Council for consideration. May be made only at the meeting at which the vote to be reconsidered was taken. It may be made by any member of City Council. Any City Council member may second it. It can be made while any other question is pending, even if another member has the floor. It requires a majority vote to pass. A motion may only be reconsidered twice. If the reconsideration is moved while another subject is before the City Council, it cannot interrupt the pending business, but, as soon as the pending business has been disposed of the motion has the preference over all other main motions and general business of the agenda. In such a case the Mayor does not state the question on the reconsideration until the immediately pending business is completed. Section 9.15 is added to read as follows: Motion to Rescind. The motion to rescind is a main motion without any privilege, may only be made when there is nothing else before the City Council and must be made at the same meeting at which the subject matter of the motion was considered and it requires a two-thirds vote of the City Council members. It cannot be made if a motion to reconsider has been previously made. The motion to rescind can be applied to votes on all main motions with the following exceptions: votes cannot be rescinded after something has been done as a result of that vote that the City Council cannot undo; or, where a resignation has been acted upon, or one has been appointed to, or expelled from, a committee or office, and was present or was officially notified. In the case of expulsion, the only way to reverse the action afterwards is to restore the person to the committee or office, which requires the same preliminary steps and vote as is required for the original appointment. Section 9.16 is added to read as follows To Take Action; Main Motions. Main motions state proposed policy or action on a substantive issue being considered by the Council. As such, the motion is an initial call to take particular action. Although lowest in precedence among all motions, main motions are clearly the most important: through their content, the business decisions of the Council are determined. A main motion can be made only when a prior main motion has been disposed of. It cannot interrupt a speaker; a second is required; it is debatable and amendable; and an affirmative vote of three (3) Councilmembers is required unless a greater vote is prescribed by the Charter or State law. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 3. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance or the Amended and Restated Unified Development Code authorized herein are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 4. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 7. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. PASSED ON FIRST READING, the 28th day of October, 2014. PASSED, APPROVED and ADOPTED ON SECOND READING, the 12th day of November, 2014. Mayor, Michael R. Carpenter ATTEST: City Secretary, Brenda Dennis (Seal of City) Exhibit A Amended Rules of Conduct and Procedure CITY OF SCHERTZ CITY COUNCIL RULES OF CONDUCT AND PROCEDURE These Rules of Conduct and Procedure (these “Rules”) are intended to provide an understandable and workable structure for City Council meetings. These Rules shall serve to aid the conduct of public business at Council meetings, to facilitate communication at Council meetings among Councilmembers and between Councilmembers and City staff and members of the public, and to promote confidence in the citizens that their government is performing its duties with the highest of ethical standards and with a genuine interest in the well-being of the community. There Rules are in all events subject to the City Charter and applicable provisions of State law, including the Texas Open Meetings Act. As a part of these Rules, the Council has established the following Code of Conduct for the Mayor and all Councilmembers: • Address the merits of the issues — no personal attacks • Focus on representing the interests of all citizens. • Attempt to resolve personal conflicts among Councilmembers internally before speaking publicly. • Assume positive intentions — don’t look for hidden agendas. • Observe the City’s written Rules of Conduct and Procedure. • When others are speaking, listen with an open mind. • Recognize that inappropriate public disclosure of confidential information can be detrimental to the City and its citizens. • Understand that “majority rules”. Once a vote is taken, if you were in the minority agree to disagree and move on. Recognize that a majority view, when expressed in a vote, becomes an expression of City policy. • Coordinate all requests of the City staff through the City Manager. 10-28-2014 TABLE OF CONTENTS Page ARTICLE 1. AUTHORITY 1.1 City Charter ........................................................................................................................ 1 1.2 Effective Date; Amendment .............................................................................................. 1 ARTICLE 2. GENERAL RULES 2.1 Meetings to be Public......................................................................................................... 1 2.2 Quorum .............................................................................................................................. 1 2.3 Minutes of Meetings .......................................................................................................... 1 2.4 Questions to Contain One Subject ..................................................................................... 1 2.5 Right to the Floor ............................................................................................................... 1 2.6 City Manager ..................................................................................................................... 1 2.7 City Attorney ..................................................................................................................... 2 2.8 City Secretary..................................................................................................................... 2 2.9 Officers and Employees ..................................................................................................... 2 2.10 Rules of Order .................................................................................................................... 2 2.11 Suspension of Rules ........................................................................................................... 2 2.12 Amendment to Rules.......................................................................................................... 2 2.13 Matters Not Addressed by Rules ....................................................................................... 2 ARTICLE 3. TYPES OF MEETINGS 3.1 Regular Meetings ............................................................................................................... 2 3.2 Special Meetings ................................................................................................................ 2 3.3 Recessed Meetings ............................................................................................................. 2 3.4 Adjourned Meetings........................................................................................................... 2 3.5 Executive Sessions ............................................................................................................. 2 3.6 Emergency Meetings ......................................................................................................... 3 ARTICLE 4. PRESIDING OFFICER AND DUTIES 4.1 Mayor ................................................................................................................................. 3 4.2 Call to Order ...................................................................................................................... 3 4.3 Preservation of Order ......................................................................................................... 3 4.4 Rulings by Presiding Officer ............................................................................................. 3 4.5 Questions to be Stated ........................................................................................................ 3 4.6 Substitution of Mayor ........................................................................................................ 3 ARTICLE 5. APPOINTMENT PROCEDURES 5.1 Appointment Procedure for the Mayor Pro Tem ............................................................... 3 5.2 Appointment Procedure for a Councilmember .................................................................. 4 10-28-2014 i TABLE OF CONTENTS (continued) Page ARTICLE 6. ORDER OF BUSINESS 6.1 Agenda ............................................................................................................................... 5 6.2 Communication to Mayor and Council.............................................................................. 5 6.3 Approval of Minutes .......................................................................................................... 6 6.4 Presentations by Members of Council ............................................................................... 6 6.5 Consent Agenda ................................................................................................................. 6 ARTICLE 7. CONSIDERATION OF ORDINANCES, RESOLUTIONS, AND MOTIONS 7.1 Printed, Typewritten, or Electronic Form .......................................................................... 6 7.2 City Manager Review ........................................................................................................ 6 7.3 City Attorney to Approve .................................................................................................. 6 7.4 Funding .............................................................................................................................. 6 7.5 Reading of Caption Only ................................................................................................... 6 7.6 Ordinances—Two Readings; Emergencies ....................................................................... 6 7.7 Recording of Votes ............................................................................................................ 7 7.8 Vote Required .................................................................................................................... 7 7.9 Tie Vote ............................................................................................................................. 7 7.10 Numbering Ordinances and Resolutions ........................................................................... 7 7.11 Ordinance Passage Procedure ............................................................................................ 7 ARTICLE 8 RULES OF DECORUM 8.1 Recognition by presiding officer ....................................................................................... 7 8.2 Order .................................................................................................................................. 7 8.3 Presiding Officer ................................................................................................................ 7 8.4 Improper References to be Avoided .................................................................................. 8 8.5 Interruptions ....................................................................................................................... 8 ARTICLE 9. MOTIONS AND MEETING PROCEDURES 9.1 Motions .............................................................................................................................. 8 9.2 Debate ................................................................................................................................ 8 9.3 Motion Procedures ............................................................................................................. 8 9.4 Point of Privilege ............................................................................................................... 9 9.5 Point of Procedure or Order ............................................................................................... 9 9.6 To Appeal a Ruling ............................................................................................................ 9 9.7 To Recess .................................................................................................................. 9 & 10 9.8 To Withdraw .................................................................................................................... 10 9.9 To Postpone or Extend ..................................................................................................... 10 9.10 To Refer ........................................................................................................................... 10 9.11 To Amend ........................................................................................................................ 10 9.12 To Limit or Close Debate or “Call the Question” ............................................................ 10 9.13 To Count the Vote ............................................................................................................ 11 9.14 To Take Action or Reconsider an Action; Main Motions ............................................... 11 10-28-2014 ii TABLE OF CONTENTS (continued) Page 9.15 To take action or Rescind motion .................................................................................... 11 9.16 To Take Action; Main Motions ....................................................................................... 11 ARTICLE 10. ENFORCEMENT OF DECORUM 10.1 Warning............................................................................................................................ 12 10.2 Removal ........................................................................................................................... 12 10.3 Resisting Removal ........................................................................................................... 12 10.4 Motions to Enforce .......................................................................................................... 12 10.5 Adjournment .................................................................................................................... 12 ARTICLE 11. CREATION OF COMMITTEES, BOARDS, AND COMMISSIONS 11.1 Standing Committees ....................................................................................................... 12 11.2 Special Committees ................................................................................................ 12 & 13 ARTICLE 12. CITIZENS’ RIGHTS 12.1 Addressing the Council .................................................................................................... 13 12.2 Manner of Addressing the Council – Time Limit ............................................................ 13 12.3 Personal and Slanderous Remarks ................................................................................... 13 12.4 Public Hearings ................................................................................................................ 13 12.5 Written Communications ................................................................................................. 13 12.6 Hearing of Residents ........................................................................................................ 14 ARTICLE 13. COUNCIL AND STAFF RELATIONS 13.1 City M anager to Provide Information .............................................................................. 14 13.2 City Manager’s Responses to Requests ........................................................................... 14 13.3 Directions to City Manager .............................................................................................. 15 13.4 City Manager’s Duty to Inform ....................................................................................... 15 13.5 Customer Concerns .......................................................................................................... 15 13.6 City Manager/Council Relations...................................................................................... 15 10-28-2014 iii ARTICLE 1. AUTHORITY 1.1 City C harter. Section 4.09 (d) of the City Charter provides that the Council shall, by ordinance, determine its own rules and order of business. 1.2 Effective Date; Amendment. These Rules shall be in effect upon their adoption by the Council and until such time as they are amended or new rules are adopted. In the event of a conflict between these Rules and the Charter, the Charter shall govern over these Rules. In the event of a conflict between these Rules and State law, State law shall take precedence. ARTICLE 2. GENERAL RULES 2.1 Meetings to be Public. All meetings of the Council and all meetings of committees composed of a quorum of the Council shall be open to the public as provided by State law, except when State law allows closed or executive sessions for certain limited topics. 2.2 Quorum. Three members of the Council, not including the Mayor, shall constitute a quorum. In the absence of the Mayor, the Mayor Pro Tem or other presiding officer shall be counted for purpose of determining the existence of a quorum. If a quorum is not present, those in attendance will be named, and they may recess to a later time as permitted by State law or may hear business before them, taking no official action. 2.3 Minutes of Meetings. An account of all proceedings of the Council shall be kept by the City Secretary and shall constitute the official record of the Council. Such minutes, after being approved by the Council (except any closed or executive session portion), shall be open to public inspection. The City Secretary shall provide an index showing the action of the Council in regard to all matters before to it at both regular and special meetings. A recording or “certified agenda” of each closed or executive session shall be made and maintained as required by State law. 2.4 Questions to Contain One Subject. All questions submitted for a vote shall contain only one subject. If two or more subjects are involved, any Councilmember may require a division, if the subjects can be reasonably divided. 2.5 Right to the Floor. Subject to Section 8.5, any Councilmember or member of City staff desiring to speak shall be recognized by the Mayor (or the presiding officer in the Mayor’s absence) at an appropriate time, and shall confine his/her remarks to the subject under consideration or to be considered. 2.6 City Manager. The City Manager or the Acting City Manager shall attend all meetings of the Council unless excused. The City Manager may make recommendations to the Council and shall have the right to take part in all discussions of the Council, but shall have no vote. The City Manager shall be notified of all special meetings of the Council. 10-28-2014 1 2.7 City Attorney. The City Attorney shall attend all meetings of the Council as required by the Council or as requested by the City Manager, and shall, upon request of the Council or the City Manager, give an opinion, either written or oral, on questions of law. 2.8 City Secretary. The City Secretary or the Deputy City Secretary shall attend all meetings of the Council, unless excused, and shall keep the official minutes. 2.9 Officers and Employees. Any officer or employee of the City, when requested by the City Manager, shall attend meetings of the Council. If requested to do so by the City Manager, they shall present information relating to matters before the Council. 2.10 Rules of Order. Part 8 of these Rules shall govern the proceedings of the Council. 2.11 Suspension of Rules. Any provision of these Rules not required by the Charter or State law may be temporarily suspended by a majority vote of the Councilmembers who are present. The vote of each person on any such suspension shall be entered in the minutes. 2.12 Amendment to Rules. These Rules may be amended, or new rules adopted, by a duly adopted ordinance. 2.13 Matters Not Addressed by Rules. Issues of the conduct or procedure of public meetings not addressed by these Rules, the Charter, or State law shall be determined by the Mayor (or the presiding officer in the Mayor’s absence). ARTICLE 3. TYPES OF MEETINGS 3.1 Regular Meetings. The Council shall hold regularly scheduled meetings as provided by the Code of Ordinances, Part II, Section 2-2. The Council may also hold regularly scheduled meetings which may be designated by the Council as “workshop” sessions. 3.2 Special Meetings. Special meetings may be called by the Mayor, the City Manager, or any three (3) members of the Council. The call for a special meeting shall be filed with the City Secretary in written form, except that announcement of a special meeting during any regular meeting at which all members are present shall be sufficient notice of such special meeting. The call for a special meeting shall specify the day, hour, and place of the special meeting and shall identify the subject or subjects to be considered. 3.3 Recessed Meetings. Subject to State law, any meeting of the Council may be recessed to a later time, provided that no recess shall be for a longer period than until the next regular meeting. 3.4 Adjourned Meetings. Any meeting of the Council that has been adjourned may not be reconvened except by a motion to reconsider prior to any Councilmember’s departure from the Council chamber. See Sections 9.3 and 9.4. 3.5 Executive Sessions. Executive or closed sessions may only be held in accordance with State law. 10-28-2014 2 3.6 Emergency Meetings. In case of emergency or urgent public necessity, an emergency meeting may be called as a special meeting as set forth in Section 3.2, however, an emergency meeting may not be held unless authorized by, and notice is given in accordance, with State law. ARTICLE 4. PRESIDING OFFICER AND DUTIES 4.1 Mayor. The Mayor, if present, shall preside as Mayor at all meetings of the Council. In the absence of the Mayor, the Mayor Pro-Tem shall preside. In the absence of both the Mayor and the Mayor Pro-Tem, the most senior Councilmember (by time of service on the Council) present shall be the chairperson. 4.2 Call to Order. Each meeting of the Council shall be called to order by the Mayor, or in the Mayor’s absence, by the Mayor Pro-Tem. In the absence of both the Mayor and the Mayor Pro-Tem, the meeting shall be called to order by the most senior Councilmember (by time of service on the Council) present. 4.3 Preservation of Order. The presiding officer shall preserve order and decorum, prevent personalities from becoming involved during debate or the impugning of members’ motives, and confine Councilmembers in debate to the question under discussion. 4.4 Rulings by Presiding Officer. The presiding officer shall rule on points of privilege, points of procedure or order, and withdrawals of motions, subject to the right of any member to appeal to the Council as set forth in Article 9 of these Rules. See Sections 9.3, 9.4, 9.5, 9.6, and 9.8. 4.5 Questions to be Stated. The presiding officer shall state all questions submitted for a vote and announce the result. A roll call vote shall be taken on all votes. 4.6 Substitution of Mayor. In the event the Mayor must relinquish the chair, the Mayor shall call upon the Mayor Pro-Tem to preside if the Mayor Pro-Tem is present. If the Mayor Pro-Tem is not present, the Mayor may call upon the most senior Councilmember (by time of service on the Council) present to preside, but such substitution shall not continue beyond adjournment of that meeting. ARTICLE 5. APPOINTMENT PROCEDURES 5.1 Appointment Procedure for the Mayor Pro Tem. (a) The Council will discuss, and with a majority vote, appoint the Councilmember to serve as the Mayor Pro Tem for the City. (b) The appointed Mayor Pro Tem must be a Councilmember and must meet the qualifications of Section 4.02 of the City Charter. In addition, to be appointed to the position of Mayor Pro Tem, a Councilmember must be an elected member of Council. 10-28-2014 3 (c) Term dates for the Mayor Pro Tem position will begin in February and August of each year (the election dates offset by three (3) months). Terms will sequentially rotate according to Councilmember place. (d) If the Councilmember place that is up for appointment as Mayor Pro Tem is vacant or is held by a Councilmember who is not qualified to serve as Mayor Pro Tem, the Mayor Pro Tem appointment will go to the next qualified Councilmember. (e) The position will have a term of office of six (6) months. (f) The appointed Mayor Pro Tem may be removed by Council by a two-thirds (2/3) majority vote of the members of Council at any time during his or her term. (g) Council reserves the right to alter this procedure at any time by resolution or rule. 5.2 Appointment Procedure for a Councilmember. (a) The Council may appoint a Councilmember to a vacant seat as authorized by Section 4.06 of the City Charter. (b) The Council will announce and advertise on the City’s website and in the City’s newspaper of record that applications are being accepted for a vacant position on Council. (c) A due date for applications to be submitted will be set. (d) Applicants must meet the qualifications for a Councilmember set forth in Section 4.02 of the City Charter. (e) Applications will be received by the City Secretary’s office and distributed to all Councilmembers. (f) An interview date will be set and posted for a public meeting. (g) Interviews of prospective candidates will be held in a public forum by a quorum of Councilmembers. (h) Councilmembers will discuss, and appoint by majority vote, the new member of Council at either the same meeting as the interviews or at a subsequent Council meeting. (i) The Council is the final judge of whether a candidate is qualified to serve as a Councilmember as set forth in Section 4.03 of the City Charter. (j) Council reserves the right to alter this procedure at any time by resolution or rule. 10-28-2014 4 ARTICLE 6. ORDER OF BUSINESS 6.1 Agenda. The City Manager and the City Secretary shall prepare an agenda for each meeting of the Council. Items may be placed on the agenda by the City Manager (or in his absence any Assistant City Manager), the Mayor, or any Councilmember, except that a Councilmember directing that an item or items be placed on an agenda must do so in open session, during a properly posted meeting of the Council. Items placed on the agenda by the City Manager (or in his absence any Assistant City Manager) may be removed only by the City Manager (or any Assistant City Manager) and he/she may do so at any time that permits the agenda for the Council meeting to be properly posted by the City Secretary’s Office under the Texas Open Meetings Act. Items placed on an agenda by the Mayor may be removed only by the Mayor, and he/she may do so at any time that permits the agenda for the Council meeting to be properly posted by the City Secretary’s Office under the Texas Open Meetings Act. Items placed on the agenda by a Councilmember may be removed only by that specific Councilmember, and he/she may do so at any time that permits the agenda for the Council meeting to be properly posted by the City Secretary’s Office under the Texas Open Meetings Act. (a) Information Required. Any item to be on the agenda must be provided to the City Manager pursuant to a procedure established and modified by the City Manager from time to time. Each item on the agenda must contain sufficient information so that full disclosure of the item to be addressed is present so as to alert the Council and the public of the topic to be considered. (b) Order of Listing Items; Sponsor and Responsible Staff. The agenda shall list all items for consideration in a format recommended by the City Manager. The name of the person or persons placing an item on the agenda and the name of any expected staff presenter shall be stated on the agenda. (c) Copy Provided to Mayor and Council Members. The City Secretary shall furnish the Mayor and each Councilmember a copy of the agenda, including the proposed ordinances, resolutions, petitions, notices, or other materials as required. Copies of attachments and background material will generally be provided for the initial presentation only and should be retained by the Mayor and the Councilmembers until such time as the item is finalized. (d) Copy Available to Public. A copy of the agenda, with or without attachments as determined by the City Manager, shall be made available to the public at City Hall prior to the meeting. Copies of the agenda shall be available to the public at the meeting. (e) Order; Exception. The ordinances, resolutions, and other proposed actions shall be taken up and disposed of by the Council in the order listed in the agenda, subject to the right of the presiding officer to take up matters in a different order. 6.2 Communication to Mayor and Council. The City Manager shall provide the Council with a copy of each ordinance or resolution and appropriate analysis of items proposed to be acted upon by the Council at a meeting. These communications shall be delivered to the 10-28-2014 5 Mayor and Councilmembers along with the agenda. This information should also be retained by the Mayor and Councilmembers until such time as the item is finalized. Staff members, in making presentations to Council at a meeting of the Council, should endeavor to restrict their presentations to five (5) minutes, excluding responses to questions by the Mayor and/or Councilmembers. 6.3 Approval of Minutes. Minutes may be approved without public reading if the City Secretary has previously furnished the Mayor and each Councilmember with a copy thereof. 6.4 Presentations by Members of Council. The agenda shall provide a time when the Mayor and each Councilmember may bring before the Council any business that person believes should be brought up during the “Requests by Mayor and Councilmembers” and “Announcements by Mayor and Councilmembers” portions of the agenda. These matters need not be specifically listed on the agenda unless the person desiring to make a comment knows prior to posting of the agenda that he/she will make such comment. In response to an unposted comment, there (1) may only be a statement of factual information in response, (2) a recitation of existing City policy, or (3) discussion regarding a proposal to place the subject on the agenda for a subsequent meeting. 6.5 Consent Agenda. At the direction of the City Manager (or in his absence an Assistant City Manager) with respect to items believed to be non-controversial, the City Secretary shall place multiple items on a “Consent Agenda” portion of the agenda, subject to the right of the Mayor or any Councilmember to request at the meeting that any one or more of such items be removed from the Consent Agenda for individual consideration. First readings of ordinances shall in all events be posted for individual consideration and shall not be included on the Consent Agenda. ARTICLE 7. CONSIDERATION OF ORDINANCES, RESOLUTIONS, AND MOTIONS 7.1 Printed, Typewritten, or Electronic Form. All ordinances and resolutions shall be presented to the Council only in printed, typewritten, or electronic form. 7.2 City Manager Review. All ordinances and resolutions shall be reviewed by the City Manager or his designee. 7.3 City Attorney to Approve. All ordinances and resolutions shall be approved as to form and legal content by the City Attorney, when requested by the Mayor or the City Manager. 7.4 Funding. All actions authorizing an expenditure of money shall include the exact source of the funds to be expended. 7.5 Reading of Caption Only. Upon being introduced, each proposed ordinance or resolution shall be read by caption only. 7.6 Ordinances—Two Readings; Emergencies. Ordinances introduced at a Council meeting shall not be finally acted upon until at least the next regular meeting, except that 10-28-2014 6 immediate action may be taken upon an emergency as determined by the Council in accordance the Charter or State law. 7.7 Recording of Votes. The ayes and nays shall be taken upon the consideration of all ordinances and resolutions and shall be entered in the minutes of the Council. 7.8 Vote Required. Approval of every ordinance, resolution, or motion, unless otherwise required by these Rules, the Charter, or State law, shall require the affirmative vote of three (3) Councilmembers who are present and eligible to vote. 7.9 Tie Vote. In the event of a tie in votes on any motion, the Mayor shall cast the decisive vote in accordance with Section 4.05 of the Charter. Other Councilmembers acting as presiding officer shall not be restricted to voting only in the event of a tie. 7.10 Numbering Ordinances and Resolutions. After approval of a resolution or an ordinance on second reading or on a single reading as an emergency, the City Secretary shall assign a number to each ordinance or resolution within the records of the City. 7.11 Ordinance Passage Procedure. After passage, an ordinance shall be signed by the presiding officer and shall be attested by the City Secretary or Deputy City Secretary, and it shall be filed and thereafter preserved in the office of the City Secretary. ARTICLE 8. RULES OF DECORUM 8.1 Recognition by presiding officer. Subject to Section 8.5, No person shall address the Council without first being recognized by the presiding officer. 8.2 Order. While the Council is in session, the Councilmembers must preserve the order and decorum of the meeting, and a Councilmember shall neither, by statement or otherwise, delay or interrupt the proceedings or the peace of the Council or disturb any other Councilmember while speaking or refuse to obey the orders of the presiding officer. Councilmembers are expected to remain on the dais during a Council meeting unless they have good cause to vacate. 8.3 Presiding Officer. The Mayor or the Mayor Pro-Tem or such other member of the Council who is serving as the presiding officer may participate in debate, subject only to such limitations of debate as are the rights and privileges of a Councilmember by reason of such Councilmember acting as the presiding officer. If the presiding officer is engaged in debate and is, at the insistence of three (3) Council members, abusing the position of the presiding officer, the presiding officer must relinquish the chair to the Mayor Pro-Tem, or in his/her absence, to the next most senior Councilmember (by time of service on the Council) present. The Mayor Pro-Tem or such other member, other than the Mayor, who is serving as presiding officer may move, second, and debate from the chair, subject only to such limitations of debate as are the rights and privileges of a Councilmember by reason of the member acting as the presiding officer. 10-28-2014 7 8.4 Improper References to be Avoided. When a Councilmember has the floor pursuant to Section 2.5 or 8.5, he/she shall avoid all references to personalities and indecorous language. 8.5 Interruptions. A Councilmember, once recognized, shall not be interrupted by the Mayor or another Councilmember when speaking unless it is to raise a point of privilege (Section 9.4) or a point of procedure or order (Section 9.5), or to enter a motion to withdraw a previously-stated motion (Section 9.8), or as otherwise provided in these Rules. If a Councilmember, while speaking, is interrupted as set forth herein, the Councilmember so interrupted should cease speaking until the question is determined. ARTICLE 9. MOTIONS AND MEETING PROCEDURES 9.1 Motions. A Councilmember, after he/she obtains the floor, or the Mayor may make a motion on the particular subject of discussion or a procedural point as permitted. A “Second” to the motion, if required, must be made by a Councilmember who did not make the motion within a reasonable but brief time period. The Mayor may not “Second” a motion. A motion or a “Second” merely implies that the maker of the motion and the person who “Seconds” agree that the motion should come before the meeting and not that he/she necessarily favors the motion. Without a “Second”, if required, the motion dies. 9.2 Debate. Debate, if permitted, must be limited to the merits of the issue under discussion as stated by the presiding officer. 9.3 Motion Procedures. There are twelve (12) types of motions in three (3) categories: Meeting Conduct Motions (4 types), Disposition Motions (7 types), and Main Motions(1 type)*. When any motion is pending, any motion listed above it on the chart below is in order; those below it are out of order. Motion May Interrupt Speaker Second Required Debatable Amendable Resolved by Chair No Vote Affirmative Vote by 3 Council- members 2/3 Vote A. Meeting Conduct Motions 1. point of privilege yes no no no yes no no 2. point of procedure or order yes no no no yes no no 3. to appeal a ruling no yes yes no no yes no 4. to recess no yes yes yes no yes no B. Disposition Motions 5. to withdraw yes no no no yes no no 6. to postpone no yes yes yes no yes no 7. to refer no yes yes yes no yes no * Sections 9.3 through 9.14 are included by permission of Donald A. Tortorice, The Modern Rules of Order, ABA Publishing, 2nd Edition. 10-28-2014 8 8. to amend no yes yes yes no yes no 9. to limit or close debate or ”call the question” no yes yes yes no no yes 10. to extend debate no yes yes yes no yes no 11. to count the vote no yes no no no ** no no C. Main Motions 12. to reconsider yes yes if original motion was debatable no no yes no 13. to rescind no yes yes yes no no yes 14. to take action no yes yes yes no Yes*** no 9.4 Point of Privilege. A point of privilege, sometimes called a point of personal privilege, is a communication from a Councilmember to the presiding officer, drawing urgent attention to a need for personal accommodation. For example, the point may relate to an inability to see or hear, a matter of comfort, a matter of requested convenience, or an overlooked right of privilege that should have been accorded to the Councilmember(s). In essence, it is a call to the presiding officer for the purpose of assuring a Councilmember’s convenient and appropriate participation in the meeting. Because of its urgent nature, a point of privilege can interrupt a speaker. Because it is addressed to the attention of and action by the presiding officer, it cannot be debated or amended, and no vote is required. 9.5 Point of Procedure or Order. A point of procedure, sometimes called a point of order, is a question addressed to the presiding officer, no seconding is required, and either inquiring into the manner of conducting business or raising a question about the propriety of a particular procedure. It is simply an inquiry and is resolved by correction or clarification by the presiding officer. A point of procedure can interrupt a speaker. Because it is addressed to the attention of and action by the presiding officer, a second is not required, and it cannot be debated or amended, and no vote is taken. 9.6 To Appeal a Ruling. Decisions or rulings of the presiding officer are final on questions of procedure, except that any ruling by the presiding officer’s ruling can be appealed to a vote of the Council. Whenever a Councilmember questions the appropriateness or essential fairness of the presiding officer, that member can appeal the ruling to a vote of the meeting. If, however, a motion is out of order as a matter of law (not a proper subject of the meeting, improper notice given, etc.), the presiding officer’s ruling cannot be appealed. A motion to appeal cannot interrupt a speaker. To prevent frivolous appeals, a second is required. The motion is subject to debate (which should be brief) and, by its nature, is not amendable. To overrule a procedural decision of the presiding officer, an affirmative vote of three (3) Councilmembers is required. 9.7 To Recess. A motion to recess requests a brief interruption of the meeting’s business, usually so that an ancillary matter can be addressed, or simply to provide a needed break. ** Mandatory if seconded; no vote required 10-28-2014 9 Unless stated in the motion, the period of recess is decided by the presiding officer. If necessary, a recess can extend the meeting from one day to another, subject to State law. The motion cannot interrupt a speaker, and a second is required. It is debatable, it can be amended, and an affirmative vote of three (3) Councilmembers is required. 9.8 To Withdraw. Only the maker of the motion can make a motion to withdraw it. It is essentially a communication to the presiding officer that the maker is withdrawing his/her proposal. This is the maker’s privilege; thus, it does not require a second. Because the withdrawal motion obviates discussion, it can interrupt a speaker. In addition, because another Councilmember later can make a similar motion, a withdrawal motion is not subject to debate, amendment, or vote. The presiding officer should simply state that the motion is withdrawn, and the meeting should proceed with a new treatment of the issue at hand—or a new issue. 9.9 To Postpone or Extend. These motions may arise from a need for further information, a matter of convenience, or for any other reason that will enable the Council to deal with the issue more effectively during the same meeting or at a later time. Unless otherwise specifically provided in the motion itself, a postponed or extension motion can be renewed at a later appropriate time during the meeting or, if properly posted, at a later meeting. This motion cannot interrupt a speaker. It requires a second, it is debatable, and it is amendable (particularly as to postponement, timing), and an affirmative vote of three (3) Councilmembers is required. 9.10 To Refer. A motion to refer is typically used to submit an issue to a committee, usually for study leading to a subsequent recommendation. Because it ordinarily disposes the motion for purposes of the current meeting, a motion to refer is subject to the same rules that apply to a main motion. (See Section 9.14). This motion cannot interrupt a speaker, and a second is required. It is debatable and amendable, and an affirmative vote of three (3) Councilmembers is required. 9.11 To Amend. A motion to amend proposes a change in the wording of a motion then under consideration. When a motion to amend is pending and an amendment to the amendment is proposed, the presiding officer should focus discussion on the latest amendment, resolve that question, then proceed to the first amendment before continuing discussion on the main motion. Votes on amendments are thus in reverse order of the sequence in which they are proposed. A motion to amend cannot interrupt a speaker. It requires a second, and it is debatable and amendable. An affirmative vote of three (3) Councilmembers is required for approval of the amendment. Note that State law may restrict amendments to proposals that are required to be set forth in the notice of the meeting. 9.12 To Limit or Close Debate or “Call the Question”. Because the extent to which an issue is discussed rests primarily with discretion of the presiding officer, it is the presiding officer who carries the burden of ensuring that adequate time and discussion are given to differing points of view. A motion to limit or close debate is therefore an overruling of the presiding officer’s determination. A motion to close debate is the same as a motion to “call the question”. Because this motion affects the most fundamental right of any Councilmember, the right to speak one’s views, it is the only procedural motion that requires an affirmative vote of two-thirds of participants voting. 10-28-2014 10 9.13 To Count the Vote. A motion to count the vote should be limited to those circumstances where the convenient hearing of “yeas” and “nays” cannot clearly resolve the issue. It represents the right of a Councilmember to have a vote demonstrated by count. That count can be directed by the presiding officer either as a showing of hands or a standing of voting members while the vote is recorded. Upon completion of the count, the presiding officer announces the result—and final disposition of the issue voted upon. This motion cannot interrupt a speaker. It requires a second; it is neither debatable nor amendable; and, because of the importance of the matter, it should be considered mandatory; thus, no vote is required. 9.14 Motion to Reconsider. Allows a main motion to be brought back before the City Council for consideration. May be made only at the meeting at which the vote to be reconsidered was taken. It may be made by any member of City Council. Any City Council member may second it. It can be made while any other question is pending, even if another member has the floor. It requires a majority vote to pass. A motion may only be reconsidered twice. If the reconsideration is moved while another subject is before the City Council, it cannot interrupt the pending business, but, as soon as the pending business has been disposed of the motion has the preference over all other main motions and general business of the agenda. In such a case the Mayor does not state the question on the reconsideration until the immediately pending business is completed. 9.15 Motion to Rescind. The motion to rescind is a main motion without any privilege, may only be made when there is nothing else before the City Council and must be made at the same meeting at which the subject matter of the motion was considered and it requires a two-thirds vote of the City Council members. It cannot be made if a motion to reconsider has been previously made. The motion to rescind can be applied to votes on all main motions with the following exceptions: votes cannot be rescinded after something has been done as a result of that vote that the City Council cannot undo; or, where a resignation has been acted upon, or one has been appointed to, or expelled from, a committee or office, and was present or was officially notified. In the case of expulsion, the only way to reverse the action afterwards is to restore the person to the committee or office, which requires the same preliminary steps and vote as is required for the original appointment. 9.16 To Take Action; Main Motions. Main motions state proposed policy or action on a substantive issue being considered by the Council. As such, the motion is an initial call to take particular action. Although lowest in precedence among all motions, main motions are clearly the most important: through their content, the business decisions of the Council are determined. A main motion can be made only when a prior main motion has been disposed of. It cannot interrupt a speaker; a second is required; it is debatable and amendable; and an affirmative vote of three (3) Councilmembers is required unless a greater vote is prescribed by the Charter or State law. 10-28-2014 11 ARTICLE 10. ENFORCEMENT OF DECORUM 10.1 Warning. All persons other than a recognized speaker shall, at the request of the presiding officer, be silent. If, after receiving a warning from the presiding officer, a person persists in disturbing the meeting, the presiding officer may order the person to leave the meeting. The Chief of Police, or such member or members of the Police Department or other persons as the presiding officer may designate, shall be sergeant-at- arms of the Council meetings. If the person so requested does not leave the meeting, the presiding officer may order the sergeant-at-arms to remove such person. 10.2 Removal. Any designated sergeant-at-arms shall carry out all orders and instructions given by the presiding officer for the purpose of maintaining order and decorum at the Council meeting. Upon instruction of the presiding officer, it shall be the duty of the sergeant-at-arms to remove from the meeting any person who intentionally disturbs the proceedings of the Council (or successor provision of law). 10.3 Resisting Removal. Any person who resists removal by the sergeant-at-arms shall be charged with violating Section 42.05 (a) of the Texas Penal Code. 10.4 Motions to Enforce. Any Council member may move to require the presiding officer to enforce these Rules and the affirmative vote of a majority of the Councilmembers present and eligible to vote shall require the presiding officer to do so. 10.5 Adjournment. In the event that any meeting is willfully disturbed by a person or groups of persons so as to render the orderly conduct of such meeting unfeasible and when order cannot be restored by the removal of the individuals who are creating the disturbance, the meeting may be adjourned and the remaining business considered at the next regular or a special meeting or, subject to State law, may be recessed to a set time and date. ARTICLE 11. CREATION OF COMMITTEES, BOARDS, AND COMMISSIONS 11.1 Standing Committees. The Council may create committees, boards and commissions to assist in the conduct of the operation of the City government with such duties as the Council may specify not inconsistent with the Charter, the Code of Ordinances, or State law. Membership and selection of members shall be as determined by the Council if not specified by the Charter, the Code of Ordinances, or State law. No person may concurrently serve on more than one Board unless, by virtue of his/her position on the Council, he/she also holds a position on another Board. Persons related within the second degree by affinity or consanguinity to the Mayor or any member of the Council shall not be eligible to serve on a standing committee. No standing committee so appointed shall have powers other than advisory to the Council or to the City Manager, except as otherwise specified by the Charter, the Code of Ordinances, or State law. 11.2 Special Committees. The Council may, as the need arises, authorize the appointment of “ad hoc” Council committees. Except where otherwise specifically provided by the Charter, the Mayor and the City Council shall appoint the members of the special committees. Any committee so created shall be given a “mission statement” directing its 10-28-2014 12 activities. Any special committee shall cease to exist upon the accomplishment of the special purpose for which it was created or when abolished by a majority vote of the Councilmembers present and entitled to vote. ARTICLE 12. CITIZENS’ RIGHTS 12.1 Addressing the Council. Any person desiring to address the Council by oral communication shall first secure the permission of the presiding officer. 12.2 Manner of Addressing the Council – Time Limit. Each person addressing the Council shall speak at the podium into the microphone (or at another designated location), shall give his/her name and address in an audible tone of voice for the record, and, unless further time is granted by the Council, shall, subject to Section 12.4 below, limit his/her remarks to three (3) minutes or less. All remarks shall be addressed to the Council as a body, and not to any individual member thereof. No person, other than members of the Council or City staff (when requested by the presiding officer) and the person having the floor, shall be permitted to enter into any discussion, either directly or through the members of the Council, unless requested or approved by the presiding officer. No questions shall be asked the Councilmembers, except through the presiding officer. Responses to questions may be limited as required by State law. 12.3 Personal and Slanderous Remarks. Any person making personal, impertinent, or slanderous remarks, or who shall become boisterous, either while addressing the Council or otherwise while in attendance at a Council meeting, may be requested to leave the meeting, pursuant to Article 10 of these Rules, and may be removed from the meeting if necessary for the conduct of the remainder of the meeting. 12.4 Public Hearings. After being recognized by the presiding officer, interested persons, or their authorized representatives, may address the Council with respect to the subject matter of a public hearing being conducted. The presiding officer may establish procedures at a public hearing to limit the amount of time (which, unless modified by the presiding officer, shall be as set forth in Section 12.2 above) interested persons may speak, subject to the Councilmembers’ right to appeal the presiding officer’s ruling pursuant to Section 9.6. Subject to modification by the presiding officer, and subject to the Councilmembers’ right of appeal pursuant to Section 9.6, the normal order of a public hearing is as follows: (i) the opening of the hearing and the establishment, if any, of a modified public hearing procedure by the presiding officer; (ii) address to the Council by any interested person(s); (iii) discussion by the Mayor and Councilmembers, including requests for information from City staff or any person(s) who addressed the Council; and (iv) action by the Council, if any is posted on the agenda relating to the hearing. 12.5 Written Communications. Interested persons, or their authorized representatives, may address the Council by written communication in regard to any matter concerning the City’s business or over which the Council has control at any time by direct mail or by addressing the City Secretary, who shall, on the request of the writer, distribute copies to the Councilmembers. 10-28-2014 13 12.6 Hearing of Residents. There shall be included on the agenda of each City Council meeting an item labeled “Hearing of Residents”. After being recognized by the presiding officer, members of the public (giving precedence to residents of the City) may address the Council on items on or not on the agenda at that time, providing they have completed the “Hearing of Residents” form, unless authorized by the presiding officer. The form shall be made available to persons wishing to address the Council prior to the calling of the meeting to order and such completed form shall be made available to the presiding officer prior to the calling of the meeting to order. The persons signed up for “Hearing of Residents” must speak during the “Hearing of Residents” portion of the meeting. Councilmembers and members of City staff may not discuss unposted items nor take any action thereon other than to (1) make a statement of factual information, (2) make a statement of existing City policy, or (3) discuss placing the item on a future agenda. Persons speaking shall be subject to the time limits set forth in Section 12.2, unless otherwise authorized by the presiding officer. ARTICLE 13. COUNCIL AND STAFF RELATIONS 13.1 City Manager to Provide Information. The City Manager is directly responsible for providing information to all the Councilmembers concerning any inquiries by a specific Councilmember. If the City Manager or his staff’s time is being dominated or misdirected by a Councilmember, it is his responsibility to inform the Mayor or the Council as a whole. 13.2 City Manager’s Responses to Requests. The City Manager is expected to respond in a timely manner to the Council and Councilmember’s requests. When information is requested, the City Manager will estimate a reasonable time frame for collecting the requested information. (a) If the City Manager disagrees with the request, he should say so and explain his position. (b) If the City Manager disagrees with individual directives, he should initiate clarification of the Council’s will with regard to the individual Councilmember’s request. (c) The City Manager may delegate responsibility for the response as necessary and appropriate, but the City Manager will be responsible for its receipt by the Council in a timely manner. (d) The City Manager should maintain a checklist and timetable for requests and other directives of the Council. (e) All Councilmembers will be provided the same written information when any matter under consideration may be of general concern to the Council. There will be no preferential dissemination of information by the City Manager or his staff. 10-28-2014 14 13.3 Directions to City Manager. During meetings of the Council, unless a vote is taken, a consensus of the Councilmembers present will be required to direct the City Manager to take any action. 13.4 City Manager’s Duty to Inform. The City Manager is responsible for keeping the Council informed. The Council should be provided weekly reports outlining progress on outstanding issues as well as information on new issues and opportunities. Additionally, the Council should be informed of City news prior to release of such information to the community, newspaper(s), or other governmental entities, etc. 13.5 Customer Concerns. It is the responsibility of the City Manager to establish procedures for handling customer concerns in all departments with prompt feedback to citizens and Councilmembers. 13.6 City Manager/Council Relations. The City Manager should strive to maintain positive relations with the Council by following these guidelines: (a) Work to establish mutual trust with the Council. (b) Maintain open lines of communication with the Council and keep Council informed. (c) Inform all Councilmembers of educational opportunities, recognizing that an educated Council is in the City’s best interest. (d) Include the Council in City-sponsored employee social events. (e) Conduct orientation sessions for new Councilmembers, including a tour of City buildings and introductions to staff. * * * Amended: November 12, 2014 10-28-2014 15 Agenda No. 4 CITY COUNCIL MEMORANDUM City Council Meeting: November 12, 2014 Department: Development Services Subject: Ordinance No. 14-S-47- Conduct a public hearing and consideration and/or action approving an Ordinance amending Part III, Schertz Code of Ordinances, Unified Development Code (UDC), Article 5 and 10 of the City of Schertz Unified Development Code (UDC) to create the Main Street Mixed-Use Zoning District. First Reading (B. James/B. James) BACKGROUND The recent Gateway Plan amendment to the City of Schertz Comprehensive Plan discusses ways to promote redevelopment within the Main Street area of Schertz. One of the recommendations is to focus on adaptive reuse of structures. Three of the recommendations for zoning ordinance changes in the Comprehensive Plan amendment deal with allowable uses, site development standards, and parking requirements. As part of implementing the Comprehensive Plan, staff recommends creating a new zoning district, the Main Street Mixed-Use District, for properties along Main Street that provides for modified uses, site development standards, and parking requirements. By amending the UDC property owners can request rezoning to this district which allows increased opportunity to redevelop these properties. Uses The proposed district allows single family residences and low intensity commercial uses. This would allow owners of a structure to lease the property for an office use, but when that tenant’s lease expires they could then lease or use it as a single family home again. Dimensional Requirements In general the minimum lot size, width, depth and setbacks have been reduced to allow existing structures to not be considered non-conforming, which restricts and hinders redevelopment. The following are proposed Lot Size 5,000 square feet Width 50 feet Depth 100 feet Front Setback 10 feet Side Setback 5 feet Rear Setback 20 feet City Council Memorandum Page 2 Lot Coverage 80% Parking One of the greatest challenges in redeveloping these properties, many of which were constructed as single family residential homes, is the placement of the structure within the lot which limits the ability to add parking. In light-of the width of Main Street the Comprehensive Plan amendment recommends reducing on-site parking requirements. As proposed, properties zoned Main Street Mixed-Use District would only be required to provide 2 on- site parking spaces but must meet the requirement for on-site handicapped spaces. Goal Promote the history and culture of the City of Schertz. Community Benefit Recognize structures of significance to the community’s past. Summary of Recommended Action Close the public hearing and approve the proposed ordinance. FISCAL IMPACT None RECOMMENDATION Approval of first reading Ordinance 14-S-47. ATTACHMENT Ordinance 14-S-47 ORDINANCE NO. 14-S-47 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE (UDC) SECTION 21.5.2 ZONING DISTRICTS ESTABLISHED: LIMITATIONS ON R-6 AND R-7, 21.5.5 STATEMENT OF PURPOSE AND INTENT FOR RESIDENTIAL DISTRICTS, TABLE 21.5.7.A DIMENSIONAL REQUIREMENTS RESIDENTIAL ZONING DISTRICTS, 21.5.8 PERMITTED USE TABLE, 21.10.4 SCHEDULE OF OFF- STREET PARKING REQUIREMENTS PROVIDING A REVERSIONARY CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Ordinance No. 10-S-06, the City of Schertz, Texas (the “City”) adopted an Amended and Restated Unified Development Code on April 13, 2010, as further amended, (the “Current UDC”); and WHEREAS, City Staff has reviewed the Current UDC and have recommended certain revisions and updates to, and reorganization of, the Current UDC; and WHEREAS, the Schertz Comprehensive Land Plan emphasizes the need to preserve and enhance the City’s rich history and culture, and WHEREAS, The City zoning districts are established for, among other purposes, protecting and preserving places and areas of historical, cultural and/or architectural importance and significance within the City limits, and WHEREAS, all required notices have been provided, and WHEREAS, on October 2, 2014, the Planning and Zoning Commission conducted a public hearing and thereafter recommended approval; and WHEREAS, on November 18, 2014, the City Council conducted a public hearing and determined that this request is in the interest of the public safety, health, and welfare; NOW, TEHREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. Unified Development Code, Section 21.5.2 of the Code of Ordinances, City of Schertz, Texas is hereby amended as follows: Error! Unknown document property name. 1 21.5.2 Zoning Districts Established; Limitations on R-6 and R-7 The City is hereby geographically divided into zoning districts and the boundaries of those districts herein are delineated upon the Official Zoning Map of the City. The use and dimensional regulations as set out in this Article are uniform in each district. Zoning districts are established in compliance with adopted Comprehensive Land Plan and Master Thoroughfare Plan. The districts established shall be known as follows: Table 21.5.2 Symbol Zoning District Name PRE Predevelopment District R-1 Single-Family Residential District R-2 Single-Family Residential District R-3 Two-Family Residential District R-4 Apartment/Multi-Family Residential District R-6 Single-Family Residential District (See Ordinance No. 10-S-29) R-7 Single-Family Residential District (See Ordinance No. 10-S-29) R-A Single-Family Residential/Agricultural District GH Garden Home Residential District TH Townhome District MHS Manufactured Home Subdivision District MHP Manufactured Home Park District OP Office and Professional District NS Neighborhood Services District GB General Business District GB-2 General Business District-2 M-1 Manufacturing District (Light) M-2 Manufacturing District (Heavy) GC Golf Course District PUB Public Use District PDD Planned Development District AD Agricultural District AC Agricultural Conservation District EN Estate Neighborhood PDD MU Mixed Use District HCOD Highway Commercial Design Overlay District CCOD Campus Commercial Overlay District IOD Industrial Overlay District DO Downtown Overlay Districts MSMU Main Street Mixed-Use District Section 2. Unified Development Code, Section 21.5.5 of the Code of Ordinances, City of Schertz, Texas is hereby amended to add the following section: Error! Unknown document property name. 2 21.5.5 Statement of Purpose and Intent for Residential Districts N. Main Street Mixed-Use District (MSMU) Intended to provide a base zoning district in the area along Main Street. In light of the history of the area and variety of land uses that exist, this zoning district allows for both single-family residential uses and low intensity commercial uses. Reduced setbacks and parking requirements are provided as part of this district due to physical restraints. Section 3. Unified Development Code, Table 21.5.7.A Dimensional Requirements Residential Zoning Districts of the Code of Ordinances, City of Schertz, Texas is hereby amended as follows: Table 21.5.7.A DIMENSIONAL REQUIREMENTS RESIDENTIAL ZONING DISTRICTS Minimum Lot Size And Dimensions Minimum Yard Setback (Ft) Miscellaneous Lot Requirements Code Zoning District Area Sq. Ft. Widt h Ft. Dept h Ft. Fron t Ft. Sid e Ft. Rea r Ft. Minimu m Off- Street Parking Spaces Maximu m Height Ft Max Imper v Cover Key R-1 Single-Family Residential District-1 9,600 80 120 25 10 20 2 35 50% h,j,k,l,m,o R-2 Single-Family Residential District-2 8,400 70 120 25 10 20 2 35 50% h,j,k,l,m,o R-3 Two-Family Residential District 9,000 75 120 25 10 20 2 35 60% h,j,k,l,m,o R-4 Apartment/Multi- Family Residential District 10,000 100 100 25 10 20 2 35 75% a,b,j,k,l,m R-6 Single-Family Residential District-6 7,200 60 120 25 10 20 2 35 50% h,k,l,m,n,o R-7 Single-Family Residential District-7 6,600 60 110 25 10 20 2 35 50% h,k,l,m,n,o R-A Single-Family- Residential/Agricultur e 21,780 - - 25 25 25 2 35 50% h,k,l,m,n GH Garden Home Residential District 5,000 50 100 10 10 10 2 35 75% c,d,e,f,g,k,l, m TH Townhome District 2,500 25 100 25 10 20 2 35 75% h,j,k,l,m MHS Manufactured Home Subdivision District 6,600 60 110 25 10 20 2 35 50% j,k,l,m,o MHP Manufactured Home 43,560 - - 25 12.5 25 - 35 50% j,k,l,m Error! Unknown document property name. 3 Park District AD Agricultural District 217,80 0 100 100 25 25 25 2 35 30% hk,o MSM U Main Street Mixed Use 5,000 50 100 10 5 20 2 35 80% h,j,k,m,n Key: a. Add 1,800 square feet of area for each unit after the first 3 units. Maximum density shall not exceed 24 units per acre. b. 1.5 parking spaces per bedroom. c. Zero lot line Garden Homes. d. 20-foot paved alley for ingress/egress to all rear garages. e. 5-foot shall be designated maintenance easement. f. Corner lot shall have 10-foot side yard setback from street right-of-way. g. 25-foot set back to property line adjoining public street. h. Corner lot shall have minimum 15-foot side yard setback from street right-of-way. i. Minimum lot area for each unit. j. Site Plan approval required. k. Swimming pools count toward the maximum impervious cover limitations, unless the swimming pool is equipped with a water overflow device appropriate for such pool, and only if it drains into any pervious surface, in which case the water surface shall be excluded. l. No variances may be permitted to exceed the maximum impervious cover limitations m. Refer to Article 14, section 21.14.3 for additional design requirements n. All single family residential dwelling units constructed within this district shall be constructed with an enclosed garage. o. Side yard setback of 7.5 ft. for R-1, R-2, R-3, R-6, R-7, and MHS continues in effect for all subdivisions vested on the date of adoption of Ordinance No. 11-S-15. Section 4. Unified Development Code, Table 21.5.8 Permitted Use Table of the Code of Ordinances, City of Schertz, Texas is hereby amended as follows: Sec. 21.5.8 Permitted Use Table A. Use of Land and Buildings Structures, land or premises shall be used only in accordance with the use permitted in the following use table subject to compliance with the dimensional and development standards for the applicable zoning district and all other applicable requirements of this UDC. B. Permitted Principal Uses No principal use shall be permitted in any district unless it appears in the following Permitted Use Table. 1. Legend for the Permitted Use Table: P Use is permitted in district indicated Error! Unknown document property name. 4 S Use is permitted in district indicated upon approval of Specific Use Permit Use is prohibited in district indicated Error! Unknown document property name. 5 Table 21.5.8 Permitted Uses– Uses by Alphabetical Order RESIDENTIAL USES COMMERCIAL/INDUSTRIAL USES PRE AD RA R-1 R-2 R-3 R-4 R-6 R-7 MHS MHP GH TH OP NS GB GB-2 M-1 M-2 PUB Pr e d e v e l o p m e n t Ag r i c u l t u r a l D i s t r i c t Re s i d e n t i a l / Ag r i c u l t u r a l Si n g l e F a m i l y – 1 Si n g l e F a m i l y – 2 Tw o F a m i l y Ap a r t m e n t / Mu l t i -fa m i l y Si n g l e F a m i l y – 6 Si n g l e Fa m i l y – 7 Ma n u f a c t u r e d H o m e Su b d i v i s i o n Ma n u f a c t u r e d H o m e Pa r k Ga r d e n H o m e MS M U To w n h o m e D i s t r i c t PERMITTED USES Of f i c e & P r o f e s s i o n a l Ne i g h b o r h o o d Se r v i c e Ge n e r a l B u s i n e s s Ge n e r a l B u s i n e s s – 2 Ma n u f a c t u r i n g – Li g h t Ma n u f a c t u r i n g – He a v y Pu b l i c U s e D i s t r ic t P P P P P P P P P P P P Accessory Building, Residential P P Agricultural/Field Crops P P Airport, Heliport or Landing Field S P P Alcohol Package Sales P P P P Antenna and/or Antenna Support Structure, Commercial S S S S S P Antique Shop P P P P Appliances, Furniture and Home Furnishings Store P P P P P Art Gallery/Library/Museum P P P P P Assisted Care or Living Facility S P P Athletic Stadium, Private S S S S S Athletic Stadium, Public P Automobile Parking Structure/Garage S P P P S Automobile Parts Sales P P P P Automobile Repairs & Service, Major S P P Automobile Repairs & Service, Minor P P P Automobile Sales S P P P Bakery P P P P Bank, Saving and Loan, Credit Union P P P P P P Beauty Salon/Barber Shop P P P P P S S S S S S S S S S S P Bed and Breakfast Inn S P P P Book Store S P P P Bottling Works P P S Building Material and Hardware Sales P P P Cabinet or Upholstery Shop S P P Car Wash, Automated P P P P Car Wash, Self Serve S P P P S S Cemetery or Mausoleum P Error! Unknown document property name. 6 Table 21.5.8 Permitted Uses– Uses by Alphabetical Order RESIDENTIAL USES COMMERCIAL/INDUSTRIAL USES PRE AD RA R-1 R-2 R-3 R-4 R-6 R-7 MHS MHP GH TH OP NS GB GB-2 M-1 M-2 PUB Pr e d e v e l o p m e n t Ag r i c u l t u r a l D i s t r i c t Re s i d e n t i a l / Ag r i c u l t u r a l Si n g l e F a m i l y – 1 Si n g l e F a m i l y – 2 Tw o F a m i l y Ap a r t m e n t / Mu l t i -fa m i l y Si n g l e F a m i l y – 6 Si n g l e Fa m i l y – 7 Ma n u f a c t u r e d H o m e Su b d i v i s i o n Ma n u f a c t u r e d H o m e Pa r k Ga r d e n H o m e MS M U To w n h o m e D i s t r i c t PERMITTED USES Of f i c e & P r o f e s s i o n a l Ne i g h b o r h o o d Se r v i c e Ge n e r a l B u s i n e s s Ge n e r a l B u s i n e s s – 2 Ma n u f a c t u r i n g – Li g h t Ma n u f a c t u r i n g – He a v y Pu b l i c U s e D i s t r ic t S S S S S S S S S S S S S S Church, Temple, Synagogue, Mosque, or Other Place of Worship P P P P P P P Civic/Convention Center P P P P P College, University, Trade, or Private Boarding School P P P P Commercial Amusement, Indoor S P P P Commercial Amusement, Outdoor S P P Community Center P P P P Concrete/Asphalt Batching Plant S S Convenience Store w/o Gas Pumps P P P P Convenience Store w/ Gas Pumps S S S Dance Hall/Night Club P P P P Day Care Center S P P Department Store P P P Dry Cleaning, Major S P P P Dry Cleaning, Minor P P P P P P P P P P P P P P P Family or Group Home S P P P P Farmers Market P P P Flea Market, Inside P P P S Flea Market, Outside S P P P Florist S P P P Fraternity, Sorority, Civic Club or Lodge P P Furniture Sales S P P P Gasoline Station/Fuel Pumps S S S P P P P P P P P P P P Gated Community General Manufacturing/Industrial Use P P S P P P P P P P P P P P Golf Course and/or Country Club P P P P Governmental Facilities P P P P P P P P Gymnastics/Dance Studio P P P P P Error! Unknown document property name. 7 Table 21.5.8 Permitted Uses– Uses by Alphabetical Order RESIDENTIAL USES COMMERCIAL/INDUSTRIAL USES PRE AD RA R-1 R-2 R-3 R-4 R-6 R-7 MHS MHP GH TH OP NS GB GB-2 M-1 M-2 PUB Pr e d e v e l o p m e n t Ag r i c u l t u r a l D i s t r i c t Re s i d e n t i a l / Ag r i c u l t u r a l Si n g l e F a m i l y – 1 Si n g l e F a m i l y – 2 Tw o F a m i l y Ap a r t m e n t / Mu l t i -fa m i l y Si n g l e F a m i l y – 6 Si n g l e Fa m i l y – 7 Ma n u f a c t u r e d H o m e Su b d i v i s i o n Ma n u f a c t u r e d H o m e Pa r k Ga r d e n H o m e MS M U To w n h o m e D i s t r i c t PERMITTED USES Of f i c e & P r o f e s s i o n a l Ne i g h b o r h o o d Se r v i c e Ge n e r a l B u s i n e s s Ge n e r a l B u s i n e s s – 2 Ma n u f a c t u r i n g – Li g h t Ma n u f a c t u r i n g – He a v y Pu b l i c U s e D i s t r ic t Hazardous Waste S P Health/Fitness Center P P P P P S Heavy Equipment Sales, Service or Rental P P P P Home Improvement Center P P P Hospital P P P Hotel/Motel P P P P Household Appliance Service and Ri P P P S S S S S S S S S S In-Home Day Care Landfill S Laundromat P P P P P Livestock P P P P Locksmith/Security System Company P P P P Medical, Dental or Professional Office/Clinic P P P P P Mini-Warehouse/Public Storage S P P S P P Manufactured/Mobile Homes Manufacturing P P Mortuary/Funeral Home P P P S P Multi-Family Apartment Dwelling P P P P P P P P P P P P P Municipal Uses Operated by the City of Schertz P P P P P P P P Museum S P P S Nursery, Major S P P P Nursery, Minor P P P Office Showroom P P P Office-Warehouse/Distribution Center P P Error! Unknown document property name. 8 Table 21.5.8 Permitted Uses– Uses by Alphabetical Order RESIDENTIAL USES COMMERCIAL/INDUSTRIAL USES PRE AD RA R-1 R-2 R-3 R-4 R-6 R-7 MHS MHP GH TH OP NS GB GB-2 M-1 M-2 PUB Pr e d e v e l o p m e n t Ag r i c u l t u r a l D i s t r i c t Re s i d e n t i a l / Ag r i c u l t u r a l Si n g l e F a m i l y – 1 Si n g l e F a m i l y – 2 Tw o F a m i l y Ap a r t m e n t / Mu l t i -fa m i l y Si n g l e F a m i l y – 6 Si n g l e Fa m i l y – 7 Ma n u f a c t u r e d H o m e Su b d i v i s i o n Ma n u f a c t u r e d H o m e Pa r k Ga r d e n H o m e MS M U To w n h o m e D i s t r i c t PERMITTED USES Of f i c e & P r o f e s s i o n a l Ne i g h b o r h o o d Se r v i c e Ge n e r a l B u s i n e s s Ge n e r a l B u s i n e s s – 2 Ma n u f a c t u r i n g – Li g h t Ma n u f a c t u r i n g – He a v y Pu b l i c U s e D i s t r ic t P P P One-Family Dwelling Attached P P P P P P P P P P P P One-Family Dwelling Detached P Packaging/Mailing Store P P P P P P P P P P P P P P P P P Park/Playground/Similar Public Site Pawn Shop P P P Pet Store P P P P Pharmacy S P P P Portable Building Sales S P P Post Office P P P P P P P Print Shop, Major P P P Print Shop, Minor P P P P P Private Club P P P P Railroad/Bus Passenger Station S P P S S P Recreational Vehicle Park Recreational Vehicle Sales and Service P Recycling Collection Center P P P Recycling Collection Point P P P P P P P Recycling Facility S S Rehabilitation Care Facility S P Restaurant, Drive-In P P P P S Restaurant or Cafeteria P P P P P P Retail Stores and Shops P P P P P P P P P P P P P P P P P P School, Public or Private P P P P P P P Sexually Oriented Business (See Ordinance No. 02-L-16) S P P Stable, Commercial P P Storage or Wholesale Warehouse S P P Tattoo Parlors/Studios P Tavern S P P S Error! Unknown document property name. 9 Table 21.5.8 Permitted Uses– Uses by Alphabetical Order RESIDENTIAL USES COMMERCIAL/INDUSTRIAL USES PRE AD RA R-1 R-2 R-3 R-4 R-6 R-7 MHS MHP GH TH OP NS GB GB-2 M-1 M-2 PUB Pr e d e v e l o p m e n t Ag r i c u l t u r a l D i s t r i c t Re s i d e n t i a l / Ag r i c u l t u r a l Si n g l e F a m i l y – 1 Si n g l e F a m i l y – 2 Tw o F a m i l y Ap a r t m e n t / Mu l t i -fa m i l y Si n g l e F a m i l y – 6 Si n g l e Fa m i l y – 7 Ma n u f a c t u r e d H o m e Su b d i v i s i o n Ma n u f a c t u r e d H o m e Pa r k Ga r d e n H o m e MS M U To w n h o m e D i s t r i c t PERMITTED USES Of f i c e & P r o f e s s i o n a l Ne i g h b o r h o o d Se r v i c e Ge n e r a l B u s i n e s s Ge n e r a l B u s i n e s s – 2 Ma n u f a c t u r i n g – Li g h t Ma n u f a c t u r i n g – He a v y Pu b l i c U s e D i s t r ic t Taxidermist P P P Theater, Outdoor P P P Theater, Indoor S P P P S Tool Rental S P P p Trailer/Manufactured Homes Sales P P P Truck Sales, Heavy Equipment P P Truck Terminal S P P P P Two-Family Dwelling P Veterinarian Clinic / Kennel, Indoor S P P P P P Veterinarian Clinic / Kennel, Outdoor S P P S Welding/Machine Shop P P P P Wrecking or Salvage Yard S S S S S S S S S S S S S S S New and Unlisted Uses S S S S S S S Error! Unknown document property name. 10 C. New and Unlisted Uses 1. It is recognized that new or unlisted types of land use may seek to locate in the City. In order to provide for such contingencies, a determination of any new or unlisted form of land use shall be made in accordance with this section. 2. For uses in which an applicant requests a Specific Use Permit, the City Manager or his/her designee shall follow the procedures for granting an SUP in accordance with section 21.5.11 of this UDC. 3. It is recognized that the permitted use chart may require amendment, from time to time, to allow for uses that were otherwise not permitted. In the event an amendment to the permitted use chart is required, the procedure for the amendment shall be the same as required for an amendment to the text of the UDC in accordance with section 21.4.7 of this UDC. Section 5. The current UDC, Section 21.10.4 Schedule of Off-Street Parking Requirements is hereby amended as follows: Sec. 21.5.9 Schedule of Off-Street Parking Requirements A. Off-street parking shall be provided in sufficient quantities to provide the following ratio of vehicle spaces for the uses specified in the districts designated: Table 21.10.4 Schedule of Off-Street Parking Requirements Use Type Parking Requirement Amusement, Commercial (Indoor) 10 spaces, plus 1 space for each 100 square feet of total floor area over 1,000 square feet Amusement, Commercial (Outdoor) 1 space per 500 square feet of outdoor site area plus 1 space per each 4 fixed spectator seats Bank, Savings And Loan, Or Other Financial Institution 1 space for each 250 square feet of gross floor area Bar Or Night Club 1 space for each 50 square feet of gross floor area Bed And Breakfast 1 space for each rented room plus 1 space per employee Bowling Alley 5 parking spaces for each lane Bus Depot 1 space for each 100 square feet of gross floor area Convalescent Home, Group Home, Home For The Aged 1 parking space for each 2 beds Dance, Assembly And Exhibition Halls Without Fixed Seats 1 space for each 100 square feet used for assembly or dancing 11 Table 21.10.4 Schedule of Off-Street Parking Requirements Use Type Parking Requirement Day Care Center 1 space per 250 square feet of gross floor area Group Home 4 spaces Hospital 1 parking space for each bed Hotel Or Motel 1 space for each sleeping room or suite plus 1 space for every 200 square feet of common area not designated as sleeping rooms Libraries, Laboratories And Student Centers 10 spaces plus 1 space for each 300 square feet of floor area Lodging Houses And Boarding Houses 1 space per each two (2) persons capacity of overnight sleeping facilities Manufacturing , Processing Or Repairing 1 space for each 2 employees or 1 space for each 1,000 square feet of total floor area, whichever is greater Medical Or Dental Clinic 1 space for each 200 square feet of total floor area Miniwarehouse 1 space for each 300 square feet of office floor area plus 1 space for each 3,000 square feet of storage area Mortuary/Funeral Home 1 parking space for each 50 square feet of floor space in service rooms or 1 space for each 3 seats, whichever is less based on maximum design capacity) Multifamily, Duplex, Two- Family, Condominium Or Other Similar Use 1.5 spaces per bedroom Offices 1 space for each 250 square feet of gross floor area Personal Service Shop 1 space for each 200 square feet of gross floor area Residence Halls, Fraternity Buildings And Sorority Buildings 1 space per person capacity of permanent sleeping facilities Residential Care Facility 1 space per each two (2) persons Restaurants 1 parking space for each 100 square feet of gross floor area, or 1 space for each 4 seats, whichever is less (based on maximum design capacity) Retail Sales And Service 1 space for each 250 square feet of gross floor area School, All Other Schools 1 space for each classroom plus 1 space for every four (4) seats in any auditorium, gymnasium or other common place of assembly School, High School And Vocational 1 space for every three (3) students, faculty and staff plus 1 space for every four (4) seats in any auditorium, gymnasium or other common place of assembly (based on maximum design capacity) Shopping Center Or Mall 1 space for each 250 square feet of gross floor area 12 Table 21.10.4 Schedule of Off-Street Parking Requirements Use Type Parking Requirement Single Family Attached And Detached Dwelling Units 2 parking spaces per dwelling unit Theaters, Auditoriums, Churches, Assembly Halls, Sports Arenas, Stadiums, Conference Center, Convention Center Or Other Place Of Public Assembly 1 space for each 4 seats or 1 space for every 100 square feet of gross floor area, whichever is less (based on maximum design capacity) Vehicle Sales Or Rental 1 space for each 3,000 square feet of sales area (open and enclosed) devoted to the sale, display or rental of vehicles Vehicle Service, Repair, Garage 1 space for each 200 square feet of total floor area Warehouse 1 space for each 2 employees or 1 space for each 1,000 square feet of total floor area, whichever is greater B. New and Unlisted Uses When a proposed land use is not classified in this section, the parking requirements will be based on the minimum standard which applies to a specified use which is most closely related to the proposed land use, as determined by the City Manager or his/her designee. C. Mixed Uses In the event that several users occupy a single structure, or parcels of land, the total requirements for off street parking shall be the sum of the requirements for the several uses computed separately unless it can be shown that the peak parking demands are offset, for example with retail and residential, or theater and office uses. In such case the City Manager or his/her designee may reduce the total requirements accordingly, but not more than twenty-five percent (25%). D. Joint Use of Facilities Required parking facilities of two (2) or more uses, structures, or parcels of land may be satisfied by the same parking facility used jointly, to the extent that it can be shown by the owners or operators that the need for the facilities does not materially overlap and provided that such right of joint use is evidenced by a deed, lease, contract, or similar written instrument establishing the joint use. E. Properties Zoned Main Street Mixed-Use 13 Properties zoned Main Street Mixed-Use shall only be required to provide two (2) on-site parking spaces but must still provide the minimum required number of handicapped spaces on site . Section 6. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 7. All ordinances, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 8. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 9. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 10. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. PASSED, APPROVED and ADOPTED ON FIRST AND FINAL READING, the ____ day of _____________, 2014. CITY OF SCHERTZ, TEXAS Mayor, Michael R. Carpenter 14 ATTEST: City Secretary, City of Schertz, Texas (CITY SEAL) 15