11-12-2014 MinutesMINUTES
SPECIAL MEETING
November 12, 2014
A Special Meeting was held by the Schertz City Council of the City of Schertz, Texas, on
November 12, 2014, at 6:30 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
Councilmember Jim Fowler
Councilmember Cedric Edwards
Councilmember Grumpy Azzoz (Incoming)
Staff Present:
Deputy City Manager John Bierschwale
Chief of Staff Bob Cantu
City Secretary Brenda Dennis
Call to Order
Mayor Pro -Tem Daryl John
Councilmember David Scagliola (Outgoing)
Councilmember Matthew Duke
City Manager John Kessel
Executive Director Brian James
City Attorney Habib Erkan Jr.
Deputy City Secretary Donna Schmoekel
Mayor Carpenter called the meeting to order at 6:30 p.m.
Invocation and Pledizes of Allegiance to the Flags of the United States and the State of
Texas (Mayor Pro -Tem John)
Mayor Pro -Tem John provided the invocation followed by the Pledges of Allegiance to the Flags
of the United States and the State of Texas.
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)
Mayor Carpenter recognized City Secretary Brenda Dennis who provided the following
information regarding the Official Canvass of the November 4, 2014, Election:
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Coma[ /Guadalupe
County Total
ED Votes
1804 5537
677 1885
1618 4731
681 2206
Bexar
Bexar
Comal /Guadalupe
County
County
County EV
EV
ED
Mayor
Michael R. Carpenter
140
92
3501
Steve White
57
39
1112
Place 1
Jim Fowler
111
80
2922
Bert Crawford
64
47
1414
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Coma[ /Guadalupe
County Total
ED Votes
1804 5537
677 1885
1618 4731
681 2206
Place 2
Grumpy Azzoz 75 49 2215 1294 3633
David L. Scagliola 101 73 2257 1087 3518
Ms. Dennis stated as a result of the election that:
Michael R. Carpenter
Jim Fowler
Grumpy Azzoz
Is hereby declared elected to the
Office of Mayor.
Is hereby declared elected to the
Office of Councilmember Place 1.
Is hereby declared elected to the
Office of Councilmember Place 2.
Mayor Carpenter recognized Councilmember Fowler who moved, seconded by
Councilmember Edwards to approve Resolution No. 14 -R -91.
Mayor Carpenter recognized Councilmember Edwards who stated he wanted to
withdraw his second and ask Councilmember Fowler if he would also withdraw his
motion in order to allow our departing member of council, Mr. Scagliola, to make this
motion. Councilmember Fowler agreed and withdrew his motion.
Mayor Carpenter recognized Councilmember Scagliola who moved, seconded by
Councilmember Fowler to approve Resolution No. 14 -R -91. The vote was
unanimous with Mayor Pro -Tem John, Councilmembers Fowler, Scagliola,
Edwards and Duke voting yes and no one voting no. Motion passed.
Mayor Carpenter stated that before proceeding further into the meeting he wanted to
give Councilmember Scagliola an opportunity to share some comments. Mr.
Scagliola stated he always jokes that he came from a broken family; his dad was a
democrat and his mom was a republican. He likes to think he, inherited the best from
both parties but some people think that he inherited the worst from both. He
remembered a conversation he had with his dad shortly after he was elected. His dad
said, "All politicians are just a bunch of `donkeys', (but he used the other name). He
told his dad that he was an elected official so what did that make him. His Dad
replied, `Don't make me repeat myself.' He may have been joking, but there is often
considerable truth that is made in jest. When it comes to our parents sometimes we
are motivated to justify their confidence in us and at other times to prove to them that
they are wrong. As a new politician, maybe that was his goal. A lot of friends have
expressed their sympathy that he lost and he appreciates those sentiments but he
would rather focus on what he has gained. He got over 3,500 votes, more supporters
and friends than he has ever gotten in any prior election. He has had the honor of
representing the residents of Schertz for over eight years. He has learned so much
about the political process. The biggest problem in this city is that we have so many
professional hardworking, dedicated people in the administration of this city that they
make what they do look easy. Because they make it look easy, some people think it
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is; but it isn't. He has learned a lot about leadership during this time. Leadership is
not about power, it is about influence. It is about passion and compassion. He has
learned that if you take care of your people, they will take care of you. You can't
build yourself up by tearing others down. There is no `I' in `team', but there is an `I'
in `winning'. As a team we have had an amazing winning streak, but no matter how
good you are, you can't win them all. He can accept this election outcome because
he ran an ethical campaign and gave it an honest effort. Could he have done more?
Yes, perhaps so. Playing politics is not his style. He is not the type to announce his
presence when he enters a room. He is actually not comfortable being under the
microscope as the center of attention. He doesn't do PC. He would rather tell people
what they need to know rather than what they want to hear. He doesn't make
promises he can't keep. He prefers substance over symbolism and he doesn't care
who gets the credit as long as the work gets done. In other words, he is not a typical
politician. However, he is leaving with his integrity intact, which brings him back to
his dad. He knows his dad loved him and was proud of him. Did he change his dad's
view on politics and politicians? He intends to ask him some day. His dad died three
years ago so he won't have that conversation any time soon because he isn't going
anywhere anytime soon. This election signaled an end, but it isn't `The End'; just the
end of a chapter. As he turns the page on his life's journey, that journey continues.
He is not certain where it will end, but he doesn't look so much at the destination but
rather in enjoying the journey along the way. "Ladies and Gentlemen, Friends and
Supporters, hey, thanks for the adventure, it's been a great ride. If you need me, I'll
be around. Give me a call. Thank you so very much."
Mayor Carpenter read and presented a proclamation to Councilmember Scagliola
honoring his service and time to this city.
A. Newly Elected Officers — Oath of Office. (B. Dennis)
B. Certificate of Election — Presentation of Certificate of Election. (Mayor
Carpenter)
City Secretary Brenda Dennis read the oaths of office to Councilmembers Jim
Fowler, Grumpy Azzoz, and Mayor Michael Carpenter.
Mayor Carpenter stated that before continuing with the agenda, each newly elected
official could say a few words.
Council-member Fowler stated that he and Mr. Scagliola came on together at the same
time and helped each other in the election process of campaigning. After that their
relationship was very professional and when they sat on the dais together they did not
always agree, but that is the way it should be. Once an agreement was made on a
majority vote, they never held it against each other. They had a job to do. The city
has grown from about 26 thousand to about 36 thousand and major changes have
taken place. When City Manager Mr. Kessel was brought on, he was told council
wanted him to take our city to the next level. He feels the transition period is almost
complete but we still are working on the mentality that we are no longer a small town.
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This is what he wants to see completed in the next two years; that the maturity of our
city moves forward to the thinking of being a middle or even large size city in thought
and deed and efficiency and the way we plan. If he can help accomplish that, he will
consider his term of service as a councilmember a success.
Councilmember Azzoz thanked everyone who voted for him and for those who voted
for former Councihnember Scagliola. He will always keep the promise and what he
promised he would do. He stated he would work with each and every one of his
colleagues to do what is right for the city. He thanked Mr. Scagliola for his eight
years of service. There is no winner or loser; he will still contribute to the city. To
everyone that voted for him and Mr. Scagliola, he promises to do all he can to protect
the employees, the residents, the businesses and the integrity of Schertz. He wanted to
assure his colleagues he is not difficult to work with and he is very straightforward.
He wants to be a part of this group. He thanked his wife for putting up with all his
late hours. Tonight he is wearing something very special. Before former Mayor Hal
Baldwin passed away, he wanted Mr. Azzoz to have his flag pin and today his family
brought it to him. Mayor Baldwin was always proud of his city and Councihnember
Azzoz intends to do likewise.
Mayor Carpenter stated he wanted to thank all the residents of Schertz for allowing
himself to serve the city for another two years. He will continue to give his fall effort
to the package. The city is a great place and it is our responsibility and job to make
sure it continues that way. His Mom is here tonight. She taught him to read before
he even started kindergarten. It was a great gift and he continues to read voraciously.
He believes he would not have accomplished what he has in life had it not been for
those many hours of teaching from her. He thanked his wife for her patience and
allowing him to do this as well as his sons; they all have his love and gratitude.
Mayor Carpenter recessed the meeting at 7:00 p.m. to allow the newly elected
officials to visit with family and friends and take photos.
Mayor Carpenter reconvened into regular session at 7:15 p.m.
Cate Events and Announcements
• Announcements of upcoming City Events (J. Bierschwale /B. James)
Mayor Carpenter recognized Executive Director of Development Services Brian
James who provided the following announcements:
Thursday, November 13, 2014, Northeast Partnership Meeting, Olympia Hills Golf
Course and Conference Center, 11:30 a.m.
Thursday, November 27, 2014, Schertz Turkey Trot, Bluebonnet Palace on Lookout
Road, 7:00 a.m.
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Friday, December 5, 2014, Festival of Angels Parade, Hal Baldwin Municipal
Complex, 6:00 p.m.
• Announcements and recognitions by City Manager (J. Kessel)
Mayor Carpenter recognized City Manager John Kessel who stated that he had two
things. First, on behalf of himself and city staff, congratulations to the newly elected
officials; they are looking forward to a good year. There is a work retreat coming up
next month. He also welcomed new councibnember Grumpy Azzoz on board as the
newest councilmember. The second thing is that a number of the city staffers are
growing mustaches now. Staff Member Bryce Cox has challenged all of the city staff
to grow a mustache in November to help raise awareness for men's health issues.
There are several different prize categories. Mr. Kessel also passed out to council
some wrist bands in general support of raising awareness of cancer and men's health.
Hearing of Residents:
Mayor Carpenter recognized the following who spoke:
Miss Morgan Russell who stated she came to them a few weeks ago to talk about
her project at the library, the StoryWalk, which is posting pages of children's
books on a permanent sign for kids to read as they walk to promote physical
activities and reading. Her project is now complete and they have raised $4,300
and paid for eight separate books to rotate out. The grand opening ceremony is on
Sunday, November 16, 2014 at 2:00 p.m. and everyone is invited. She stated her
mom and dad were here tonight along with her mentor, Library Director Melissa
Uhlhorn. Also, her dad recently was elected to District 5, Cibolo City Council.
Ms. Maggie Titterington who stated this Friday, November 14, the Schertz
Chamber will be having their awards banquet, from 6:00 p.m. to 10:30 p.m. They
will also be recognizing the small and big businesses of the year. There is one
ticket left. On December 1 there will be a ribbon cutting for Fox's Pizza at 3:00
p.m. On December 2 they will host the last chamber luncheon of the year where
they will be awarding the DECA scholarships for Steele and Clemens high school
students. There will also be a speaker on taxes present. Hampton Inn and Suites
will be hosting a mixer on Friday, December 4 from 5:30 -7:00 p.m. On January
31, 2015, from 11:00 a.m. to 3:00 p.m. there will be a Health and Wholeness Fair
at the Schertz Civic Center. The chamber is partnering again with the City of
Schertz to host this event. They are already 65% sold out on the vendor booths.
Discussion and Action Items
2. Minutes — Approve the minutes of the regular meeting of October 28, 2014. (J. Kessel/B.
Dennis)
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Mayor Carpenter recognized Councilmember Edwards who moved, seconded by
Councilmember Duke to approve the minutes of the regular meeting of October 28, 2014.
The vote was 4 -0 -1 with Mayor Pro -Tem John, Councilmembers Fowler, Edwards
and Duke voting yes and Councilmember Azzoz abstaining. 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. Final Reading
(Mayor /Council)
The following was read into record:
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
There were no questions or discussion from Council.
Mayor Carpenter recognized Councilmember Edwards who moved, seconded by
Councilmember Duke to approve Ordinance No. 14 -M -46, final reading. The vote was
4 -0 -1 with Mayor Pro -Tem John, Councilmembers Fowler, Edwards and Duke
voting yes and Councilmember Azzoz abstaining. Motion passed.
4. Ordinance No. 14 -S -47- Conduct a public hearing and consideration and/or action
PH 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)
Mayor Carpenter recognized Executive Director of Development Services Brian James
who stated that what they want to do is make it easier for individuals who own property
along Main Street to redevelop and invest in their property. These properties are in the
flood plain and located in the older part of Schertz and a lot of these structures were built
as houses but are now being used for commercial businesses. The current Unified
Development Code (UDC) does not contain a zoning district that fits well with these
circumstances. We want to make some modifications to our code by creating a new
zoning district that allows some flexibility. This is not changing anyone's zoning; we are
just adding a new category to the UDC. This change will then allow those owners to
come in and request rezoning to this new district that might give them more use options
with their property. What we have done is modify some dimensional requirements,
reduced the minimum lot size to 5,000 square feet, reduced the width to 50 feet, depth to
100 feet, and adjusted some of the setbacks. We are also recommending we modify the
parking requirements. Main Street is fairly wide and people park on it now so we will
still require handicapped spaces on site but they can utilize the on- street parking for their
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facility as well. We want to also modify some of the use charts to allow more flexibility
with commercial and/or residential uses. We are simply expanding options going
forward. There are other things we will need to do later, such as the main street bond
projects, and the historic grant program. This is really just a first step of a series of
things that we need to address.
Mayor Carpenter opened the public hearing.
Maggie Titterington came forward and stated that the Chamber of Commerce is in favor
of this recommendation and they like the options it offers. It is not changing the zoning
but allowing flexibility for the property owners and businesses. She knows of two
businesses that this will directly affect and it would allow one of them to maintain their
business by allowing them to move into a more suitable building. They fully support this
and commend Development Services for bringing this forward for approval.
As there were no other speakers, Mayor Carpenter closed the public hearing.
Mayor Carpenter recognized Councilmember Edwards who asked if the business(s)
would still have to come in for the permitting process as they do now. Mr. James said
yes, they would still need to come in to complete the certificate of occupancy process.
Councilmember Edwards asked about possible complications with designating parking
spaces. Mr. James stated that right now we are not going to deal with that. When we get
into the bond project this will be addressed and consideration will be given to creating
bump outs at the ends to identify parking spaces, stripe those spaces, and possibly make
them a little longer for easier navigation room. Mr. Edwards asked if we would have
continuity going down the entire length of Main Street and is this just for Main Street, not
any other street. The answer was yes, continuity would be exercised and for now the
project is only for Main Street. However, if other areas of the city come forward and ask
for assistance and other options, we can address those as they come up. Again, this is not
a be -all, end -all solution. The comprehensive plan update has a series of things we need
to do which will have to happen over time. One of those will be to look at those buildings
that are different and decide what is appropriate for them. Going forward we will be
making other adjustments for unique situations. Also, there are other outlets such as the
Board of Adjustments to address variances. This is our first step and we will be
monitoring it as we go forward.
Mayor Carpenter recognized Councilmember Azzoz who asked if by `transfer' he means
they can take a residential building and make it a commercial facility. Mr. James said yes
that this district will allow both a business and a single family use. The Guadalupe
County Appraisal District is responsible for the `taxing' of the appropriate usage.
Another thing to keep in mind is that changing from a residence to a business includes
restroom modifications to meet ADA requirements which are more costly than when a
business structure reverts back to being a residential home. We can't say for sure what
will happen twenty years from now, but the code we are passing now allows the
flexibility of operating as a business or using the facility as a residence. However, council
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could amend this code again at any time to take out the option of also allowing a single
family residence use.
Mayor Carpenter recognized Councilmember Fowler who asked about the lot size. If a
property owner puts in a paved parking lot in the front yard and then wants to convert the
building back to a residence, would they have to remove the pavement. Mr. James said
that it could stay that way and actually would probably be too costly to remove.
Mayor Carpenter recognized Councilmember Fowler who moved, seconded by
Councilmember Edwards to approve Ordinance No. 14 -5 -47, first reading. The vote was
unanimous with Mayor Pro -Tem John, Councilmembers Fowler, Azzoz, Edwards
and Duke voting yes and no one voting no. Motion passed.
Roll Call Vote Confirmation
Mayor Carpenter recognized Deputy City Secretary Donna Schmoekel who recapped the
votes of items 1 through 4.
Requests and Announcements
5. Announcements by City Manager
o Citizen Kudos
o Recognition of City employee actions
o New Departmental initiatives
No further announcements were made.
6. Requests by Mayor and Councilmembers that items be placed on a future City Council
agenda.
Mayor Carpenter recognized Councilmember Edwards who stated he attended the
Veterans Memorial Plaza Dedication this past Tuesday and the audio visual equipment
was extremely poor. He could not hear a word of what was said and he suggested we
look to see if we can find some wind proof microphones to purchase. He does not want
to see that happen again. Mr. Kessel stated that staff will look into what options we have.
7. Requests by Mayor and Councilmembers to City Manager and Staff for information.
Mayor Carpenter recognized Councilmember Fowler who stated that several weeks ago
we discovered there was an issue in regard to having a mobile food truck in the area. He
would like to know what our status is in developing that opportunity. Mr. Kessel said
that staff would research it and get a full report back to council.
8. Announcements by Mayor and Councilmembers
o City and community events attended and to be attended
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• 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
• Upcoming City Council agenda items
Mayor Carpenter recognized Councilmember Edwards who stated he attended the
following:
• Tuesday, November 11, 2014, Veterans Memorial Plaza Dedication
• Friday, November 7, 2014, Hal Baldwin Golf Scholarship
Mayor Carpenter recognized Councilmember Duke who stated he attended the following:
• Saturday, November 8, 2014, Junior Achievement Physically Fit 5K Run
Mayor Carpenter recognized Councilmember Fowler who just wanted to mention that the
Knights of Columbus folks were planning on serving lemonade and cookies at the
Veterans Memorial Plaza Dedication on Tuesday. When the temperature dropped
suddenly they quickly changed from offering lemonade to coffee to the attendees. He
appreciated the way they handled that. He just wanted to thank them.
Adiournment
As there was no further business, the meeting was adjourned at 7-54p. m,
Michael R. Carpenter, Mayor
ATTEST:
L '�Jt��s
Donna Schmoekel, Deputy City Secretary
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