11-18-2014 MinutesMINUTES
REGULAR MEETING
November 18, 2014
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on
November 18, 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
Councilmember Jim Fowler
Councilmember Cedric Edwards
Staff Present:
Deputy City Manager John Bierschwale
Chief of Staff Bob Cantu
City Secretary Brenda Dennis
Call to Order
Mayor Pro -Tern Daryl John
Councilmember Grumpy Azzoz
Councilmember Matthew Duke
City Manager John Kessel
Executive Director Brian James
City Attorney Connie Lock
Mayor Carpenter called the meeting to order at 6:00 p.m.
Invocation and Pledges of Allegiance to the Flags of the United States and the State of
Texas ( Councilmember Fowler)
Councilmember Fowler provided the invocation followed by the Pledges of Allegiance to the
Flags of the United States and the State of Texas.
Councilmember Edwards arrived at 6 :05 p.m.
City 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:
o Thursday, December 4, 2014, Lunch provided by the Community Council of South
Central Texas at the Senior Center
Friday, December 5, 2014, Leadership Team Building, La Quinta Inn and Suites,
17654, Oaks Lane, 8 -5 p.m.
o Friday, December 5, 2014, Festival of Angels Parade, Hal Baldwin Municipal
Complex, 6:00 p.m.
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• Announcements and recognitions by City Manager (J. Kessel)
Mayor Carpenter recognized City Manager John Kessel who stated that at this time of
year the EMS Department not only does the CPR recertification classes for city staff
members but also for the local fire departments in the surrounding areas. He received
a very nice note from Marion Fire Chief Thomas (Tom) Amen who complimented
EMS Paramedic Wes Dailey for his superior training. Congratulations to our EMS
personnel for a job well done.
Hearing of Residents:
Mayor Carpenter recognized the following who spoke:
Ms. Clare Layton, 12231 Lost Meadows Drive, who congratulated all the newly
elected/re- elected candidates and expressed words of appreciation to those who lost.
Thanks to everyone who stood up for consideration. She stated she had many memories
of past elections but this one was especially amazing because during the campaign, her
and her husband were classified, `persons- non - grata'. Why? Was it because they
pointed out that the topography of the southern area of the city is so flat that it is subject
to a unique phenomenon known as sheet flow flooding? As a result, Rhine Valley now
has a design which saves one third of its home sites from being flooded. Also, the City
now acknowledges sheet flow in its UDC. Was it because we along with some others
opposed TxDOT from building a road through a flood prone area known as Lake View
Estates? Was it because Mr. Layton helped bring a $7 million Bexar County tax dollar
funded flood control project to the Schaefer Road area. She was surprised when the
pro - Schertz activities of the Layton resulted in a candidate being told that he would
have a much better chance of advancement within the city if he disassociated himself
with us (the Laytons), Commissioner Wolverton, Councilmember Azzoz, Mr. Don
Taylor, and Mr. Steve White. I am so proud that the Layton were even mentioned in
the same sentence with those gentlemen. To think that seeking the combined wisdom
and historical knowledge of these six folks would be a disadvantage to anybody who
wants to make it in Schertz is in her opinion a ludicrous remark; but this remark is `The
memory' that she will take away from this election.
Ms. Jana Volitis, who stated that since tonight is the consideration of the charter review
applicants, she wanted to introduce herself to those who did not know her. She moved
here about 3.5 years ago (the military spouse of an active duty air force member). They
fell in love with the Schertz area and moved here in 2010. She works at the Schertz
Chamber with Maggie and Robin and she runs a small photography business on the
side. She would love to serve the residents of Schertz and be a part of something great.
Ms. Maggie Titterington, who thanked everyone who attended the chamber awards
banquet last Friday night. A bit of information from the forthcoming quarterly report is
that from July through September we had almost 450 walk -ins who wanted a variety of
information. They also took 800 field calls and four relocation requests. They broke a
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record on internet searches and she gave some statistics on that traffic. They also
integrated their Facebook and are getting people to `like' us, because ocial networking
is here to stay. Tomorrow morning there will be a free breakfast at Encanto's Grill from
7:30- 9:00 a.m.
Workshop
• Discussion and possible action regarding Council Rules of Conduct and Procedures, and
proposed Code of Ethics. (Mayor /Council)
Mayor Carpenter recognized Councilmember Edwards who stated we have talked about
this before and he thinks it is about right where we need it to be. We should go forward
and pass this tonight as it bears merit.
Mayor Carpenter stated that former Councilmember Scagliola had brought up his concern
about the proper use of personal electronic devices during council meetings.
Mayor Carpenter recognized Councilmember Azzoz who stated he thinks all devices
should be off, thereby not distracting anyone.
Mayor Carpenter recognized Councilmember Edwards who commented that if there will
be no electronics up here on the dais then 1) the ipad needs to go, 2) the monitor, and 3)
the phone(s). This will be virtually impossible. The ipads are the nerve center to what
we do. Everything is done on the ipad these days, events, training, other information, etc.
Does he communicate with his iphone; yes he does, from his family and/or clients.
However, the city does not pay his personal phone bill. The ipad is city owned and
anyone can request data from that item at any time.
Mayor Carpenter recognized Councilmember Fowler who stated he thinks it's a bit more
than that. When someone is texting, they are not able to pay attention to what is going on
within the meeting. If a speaker sees us texting it may appear to them know that we are
not interested. He thinks we are doing a disservice to our speakers. We need to consider
what the impression is that we are giving the speaker(s) and audience in general.
Mayor Carpenter recognized Councilmember Duke who stated he pretty much operates
paperless these days in everything he does, business and personal. He does not disagree
with Mr. Fowler's point of courtesy to speaker(s). He does think we need a proper
decorum but cautions about going one direction over the other and we should not make
technology the enemy. We need to fmd a `balance'.
Mayor Carpenter stated he sees two concerns: 1) a person being disrespectful by
occupying themselves with another activity, or 2) if there is communication going on, is
there a violation of the open communications act (state law). These things could also be
accomplished with things other than electronics (i.e., newspapers, private conversation,
etc.). He doesn't think we can or should control these things. Every member on the dais
has a first amendment right to do foolish things. The public will judge them as well as
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the voters. If we choose to do inappropriate things it will ultimately be judged by the
resident voters.
Mayor Carpenter recognized Councilmember Fowler who stated as a reminder to
everyone, the three minute rule we have is to give our citizens a chance to present an
argument or state their concern to us. We cannot engage in conversation other than with
factual information. It is stated this way because we set an agenda and we cannot get off
into other areas outside of the agenda realm. If it is something that can be handled by a
staff member, we ask them to get with that city employee to discuss it. If it does need to
come before us then it can be put on the next agenda. We always will try to take action
when we can and still stay within the guidelines of our procedures.
Mayor Carpenter recognized Councilmember Azzoz who stated we have to make it a
point to allot residents time to come before us to speak. Maybe we should allow a dialog
with them to let them know we will get with them later to get their information. He also
stated that in regard to the phone issue discussed earlier, he made a decision to give his
time to the residents as a councilmember once a week for three or four hours; during this
time he does not have to have his cell phone on. It is imperative to listen to our residents.
We should be paying attention to the people speaking before us during council meetings.
Mayor Carpenter stated that in regard to the three minute time limit for the hearing of
residents portion of the meeting, it is there as a guideline. He can extend time if he wishes
and so can council. Council can actually vote to suspend the rules at any given time and
allow as much time as anyone wishes. State law however is clear in regard to how we can
respond. We are limited to 1) responding with a statement of fact, 2) responding with a
citing of current policy, or 3) debating whether to put the matter on a future agenda for
discussion. We must and will follow state law. With regard to changing our rules of
procedure regarding what electronic devices are allowed on the dais, council will have to
decide that with a motion. We can have such a motion if that is the will of the council.
Mayor Carpenter recognized Councilmember Azzoz who made a motion that no personal
electronic devices be allowed on the dais during city council meetings. The motion failed
for lack of a second.
Mayor Carpenter stated the next item in this segment is the City Council Code of Ethics.
He asked if there was anything that staff or legal counsel needed to address before
discussion. City Attorney Connie Lock stated that any time there is an investigation they
suggest the City get outside counsel to investigate it because there could be an ethical
issue or perception that their firm could be biased. A few sections also address that if
someone is being disciplined or censured it take place in private executive session unless
the councilmember requests it in open session. It is also not clear in the code of conduct
that you have the power of discipline or censure. The city attorney has provided some
suggested language for this revision.
Mayor Carpenter responded to Councilmember Duke in regard to Section 4.10 that states
City Council shall have the authority to conduct an inquiry into the affairs of the city and
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the conduct of any department or agency. So we are trying to give some definition to that
authority. Councilmember Duke said he is just asking if you have the ability to defend
yourself if you are the accused. The City Attorney replied that would be a policy
decision and could be reconsidered. City Manager John Kessel stated he agreed that any
accused individual should be allowed to hear what the accusation is and respond to it.
Mayor Carpenter suggested we have legal counsel and/or staff come up with a statement
that would allow the accused to make a statement addressing the matter. Mayor
Carpenter stated they would not take any action tonight but would take it up at a future
meeting.
• Discussion and consideration and/or action regarding Council Liaison appointment
positions on the various City boards and commissions. (Mayor Carpenter /Council)
• Animal Control Advisory Committee
• Cibolo Valley Local Government Corporation
• Schertz Seguin Local Government Corporation
• Sweetheart Advisory Committee
• Interview Committee for Boards and Commissions
Mayor Carpenter recognized City Secretary Brenda Dennis who introduced this item
stating now that we have a new Councilmember it is time Council take the opportunity to
re- evaluate their roles and assignments on the various City Council liaison assignments
within the City. She stated Council needs to appoint a Councilmember to the following
Boards, Committees:
Animal Control Advisory Committee
Cibolo Valley Local Government Corporation
Schertz Seguin Local Government Corporation
Sweetheart Advisory Committee
Interview Committee for appointments to City Boards and Commissions
Council may also consider changing up the other Council assignments as outlined in the
information provided.
Mayor Carpenter asked for volunteers to serve on the committees vacated by former
Councilmember David Scagliola. Councilmember Azzoz volunteered to serve on the
Animal Control Advisory Committee and the Sweetheart Advisory Committee.
Councilmember Edwards volunteered to serve on the Interview Committee and the
Cibolo Valley Local Government Corporation. Councilmember Fowler volunteered to
serve on the Schertz Seguin Local Government Corporation.
Discussion and Action Items
1. Minutes — Approve the minutes of the regular meeting of November 12, 2014. (J.
KesselB. Dennis)
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Mayor Carpenter recognized Councilmember Edwards who moved, seconded by
Councilmember Duke to approve the minutes of the special meeting of November 12,
2014. The vote was unanimous with Mayor Pro -Tent John, Councilmembers
Fowler, Azzoz, Edwards and Duke voting yes and no one voting no. Motion passed.
2. Charter Review Commission Appointments — Discussion and consideration and/or
action appointing the FY 2014/15 Charter Review Commission. (B.
Dennis/Mayor /Council)
Mayor Carpenter stated that we had asked for volunteers from the community to serve on
a charter review committee and subsequently received several applicants. Tradition is
that about every eight years or so the charter compels us to seat a charter review
committee. In the past we have allowed the five voting members of council to appoint
whomever they wish. In this case we solicited interest from the public and we have
gotten several responses. Mayor Carpenter asked for further comments and/or
recommendations of appointment.
Mayor Carpenter recognized Councilmember Edwards who recommended the
appointment of Mr. Mark Davis. Councilmember John recommended the appointment of
Mr. Michael Dahle. Councilmember Fowler recommended the appointment of Ms.
Reginna Agee. Councilmember Azzoz recommended the appointment of Mr. Bert
Crawford. Councilmember Duke recommended the appointment of Mr. Robin
Thompson. Mayor Carpenter added that although the committee members stand as
equals, they may choose amongst themselves to appoint a chairman, if they desire to do
so, who can then report to council. The committee will begin working directly with city
staff and the city attorney(s) and will hold open meetings.
Mayor Carpenter recognized Councilmember Edwards who moved, seconded by
Councihnember Duke to appoint the following individuals to the FY 2014/15 Charter
Review Commission: Mr. Mark Davis, Mr. Michael Dahle, Ms. Reginna Agee, Mr. Bert
Crawford, and Mr. Robin Thompson. The vote was unanimous with Mayor Pro -Tem
John, Councilmembers Fowler, Azzoz, Edwards and Duke voting yes and no one
voting no. Motion passed.
3. Resolution No. 14 -R -92 — Consideration and/or action approving a Resolution
authorizing an Interlocal Agreement with the City of Cibolo related to the Nortex Farms
Development. (J. Bierschwale /S. Willoughby)
The following was read into record:
RESOLUTION NO. 14 -R -92
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AUTHORIZING AN INTERLOCAL AGREEMENT WITH THE CITY
OF CIBOLO RELATED TO THE NORTEX FARMS DEVELOPMENT AND
OTHER MATTERS IN CONNECTION THEREWITH
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Mayor Carpenter recognized Deputy City Manager John Bierschwale who stated Nortex
Farms Development has worked out their arrangements with Green Valley and the City
of Cibolo and need assistance from the City of Schertz for their sewer. We already have
relationships with Cibolo providing transportation as their sewer service. We also
already have established policy and they will pay us for any capacity they absorb from
the current mains we have in that area in the amount of $1,668. The first year they will
pay 27 cents for a transportation line fee. That will escalate over the next five years,
going to a high of 51 cents in 2017. They will make their payments annually.
Mayor Carpenter recognized Councilmember Edwards who asked if there is anything that
will allow us to protect the City of Schertz in case they decide not to pay. Mr.
Bierschwale stated that if there is any default we will go through a process to collect it
and they would also have to pay us if they discontinue their relationship with us. He
emphasized that Cibolo has never defaulted with us before and doesn't expect that they
will do so in the future.
Mayor Carpenter recognized Councilmember Edwards who moved, seconded by
Councilmember Duke to approve Resolution No. 14 -R -92. The vote was unanimous
with Mayor Pro -Tem John, Councilmembers Fowler, Azzoz, Edwards and Duke
voting yes and no one voting no. Motion passed.
4. Resolution No. 14 -R -94 — Consideration and/or action approving a Resolution extending
the Professional Services Agreement with Jackson A &E Associates, Inc., (J. Kessel/B.
James)
The following was read into record:
RESOLUTION NO. 14 -R -94
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AUTHORIZING AN AMENDED PROFESSIONAL SERVICES
AGREEMENT WITH JACKSON A &E ASSOCIATES, INC., AND OTHER
MATTERS IN CONNECTION THEREWITH
Mayor Carpenter recognized Executive Director of Development Services Brian James
who introduced this item stating that on November 8, 2011 the City entered into a
contract for owner's representative services with Jackson A &E Associates, Inc., to
provide third party owner's representative services for the multiple Capital Improvement
Projects including the playscape, soccer complex, baseball complex, Animal Adoption
Facility, and Aquatics Facility. The initial term of the agreement was for 12 months and
was extended on November 19, 2012 and November 18, 2013. This resolution extends
the agreement for up to another 24 months to allow for completion of remaining Capital
Improvements Projects. Staff recommends approval of Resolution No. 14 -R -94
authorizing the City Manager to amend the contract with Jackson A &E Associates, Inc.,
to provide owner's representative services to the City of Schertz.
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Mayor Carpenter recognized Councilmember Fowler who asked what additional projects
Mr. Gaudreau has been involved in. Mr. James replied that he has also been involved in
the aquatics facility plans, other building repairs and our facilities master plans. He gets
called on for a lot of extra things. Mr. Fowler stated he has been sitting in on the pool
design meetings recently and Mr. Gaudreau has been staying on top of things to make
sure we stay on budget and the design is correct as we progress. There has also been
great coordination with the local school district and the YMCA. He has found Mr.
Gaudreau to be professional and forward looking.
Mayor Carpenter recognized Councilmember Azzoz who asked about the cost of hiring
Mr. Gaudreau. Mr. James stated the fee is $9,000 per month plus about $1,500 in
expenses. Mr. Azzoz asked if there was not anyone locally we could hire where we
wouldn't have these expenses. Mr. James stated they did not want to switch to someone
else in the middle of these projects. Staff feels they are getting a lot of service for the
money and this company has a lot of experience working with municipalities. However,
if we have another project in the future, we may lean towards a local company.
Mayor Carpenter recognized Councilmember Edwards who asked if we have a running
total of what has been saved so far. Mr. James said he would have to get that information
and come back with it. Mr. Edwards said he would like that information in the next few
weeks if possible. A discussion followed regarding the advantages of outsourcing for
skills versus internal hiring.
Mayor Carpenter recognized Councilmember Fowler who moved, seconded by
Councilmember Edwards to approve Resolution No. 14 -R -94. The vote was 4 -1 -0 with
Mayor Pro -Tem John, Councilmembers Fowler, Edwards and Duke voting yes and
Councilmember Azzoz voting no. Motion passed.
5. Ordinance No. 14 -S -47- 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. Final Reading (B. James/13. James)
The following was read into record:
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
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REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
Mayor Carpenter asked if council had any comments or questions and hearing none,
asked for a vote.
Mayor Carpenter recognized Councilmember Edwards who moved, seconded by
Councilmember Duke to approve Ordinance No. 14 -S -47, final 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 City Secretary Brenda Dennis who recapped the votes of
items 1 through 5.
Requests and Announcements
6. Announcements by City Manager
o Citizen Kudos
o Recognition of City employee actions
o New Departmental initiatives
No further announcements were made.
7. Requests by Mayor and Councilmembers that items be placed on a future City Council
agenda.
No requests were made.
8. Requests by Mayor and Councilmembers to City Manager and Staff for information.
No requests were made.
9. 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 Azzoz who stated he attended the
following:
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• Sunday, November 16, 2014, Library StoryWalk Dedication
Mayor Carpenter recognized Councilmember Duke who stated he has really enjoyed
learning a lot about the history of the city and its phases of change and requirements.
This has been a wonderful place for him and his family to live. But just like the city, the
phases and requirements of his family have also changed. He received a promotion earlier
this year from his employer and so he and his wife began looking for another place to live
within Schertz. They finally found another home, but it is outside of Schertz. In the next
week or two they will be moving and he will be turning in his resignation from city
council. He will be happy to stay on to the extent he is allowed to while Council looks for
his replacement. Mayor Carpenter responded by asking everyone present to join him in
extending his gratitude to Councilmember Duke for his service to the City of Schertz.
Mayor Carpenter asked City Secretary Brenda Dennis to add an item to the agenda in
approximately two weeks to address the selection of a replacement for Councilmember
Duke. Once again he thanked Mr. Duke for his service, for serving on the Economic
Development Corporation for many years and his more recent service as a
Councilmember.
Adjournment
As there was no further business, the meeting was adjourned at 7:46p.
- yr.
Michael R. Carpenter, Mayor
ATIST:
Brenda Dennis, City Secretary
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