06-16-2015 Agenda with backupCity Council Agenda
REGULAR SESSION CITY COUNCIL
JUNE 16,2015,6:00 P.M.
HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS
1400 SCHERTZ PARKWAY BUILDING #4
SCHERTZ, TEXAS 78154
City of Schertz Core Values
Do the right thing
Do the best you can
Treat others the way you would want to be treated
Work together cooperatively as a tea..
Call to Order — City Council Regular Session
Invocation and Pledges of Allegiance to the Flats of the United States and State of
Texas. (Councilmember Azzoz)
City Events and Announcements
• Announcements of upcoming City Events (B. James /D. Wait /B. Cantu)
• Announcements and recognitions by City Manager (J. Kessel)
Workshop
• Presentation and discussion of the Overview and Results from the City of Schertz
Employee Engagement Survey — Dr. Noel Landuyt, Institute for Organizational
Excellence — University of Texas of Austin.
• Presentation, discussion and possible action regarding the Bond Committee's
submission of Bond Proposals to be placed on the November 3, 2015 ballot. (Michael
Dahle, Chair Bond Committee)
• Presentation and discussion regarding Streets Projects not funded by the 2006 bond.
(D. Wait /S. Willoughby)
• Discussion and possible action regarding adopting a Resolution designating the City
of Schertz as a Purple Heart City. (Item Requested by Mayor Carpenter)
06 -16 -2015 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 f `actual 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
1. Minutes - Consideration and/or action regarding the approval of the minutes of the
Regular Meeting of June 9, 2015. (J. Kessel/B. Dennis)
2. Ordinance No. 15 -D -16 — Consideration and /or action approving an Ordinance
Prohibiting the use of Hand -Held Mobil. Communication Devices and Portable
Electronic Devices while operating a motor vehicle by adding Article X to Chapter 86
of the City Code of Ordinances of the City of Schertz, Texas, providing for a fine of
up to $200.00 per violation, providing an effective date, and other matters in
connection therewith. Final Reading (D. Wait /M. Hansen)
Roll Call Vote Confirmation
Requests and Announcements
3. Announcements by City Manager
• Citizen Kudos
• Recognition of City employee actions
• New Departmental initiatives
4. Requests by Mayor and Councilmembers that items be placed on a future City
Council agenda.
5. Announcements by Mayor and Councilmembers
• City and community events attended and to be attended
• City Council Committee and Liaison Assignments (see assignments below)
• Continuing education events attended and to be attended
• Recognition of actions by City employees
• Recognition of actions by community volunteers
06 -16 -2015 City Council Agenda Page - 2 -
• Upcoming City Council agenda items
Roll Call Vote Confirmation
Adjournment
CERTIFICATION
I, BRENDA DENNIS, 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 1 l th DAY OF JUNE 2015 AT 9:00
A.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.
grewda T�,ewwbs
Brenda, Dennis City Secretar
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 , 2015.
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
Mayor Carpenter Mayor Pro -Tem Edwards — Place 4
Audit Committee Audit Committee
Interview Committee for Boards and Commissions Hal Baldwin Scholarship Committee
06 -16 -2015 City Council Agenda Page - 3 -
Investment Advisory Committee
TIRZ II Board
Interview Committee for Boards and Commissions
Cibolo Valley Local Government Corporation
Councilmember Fowler — Place 1
Councilmember Azzoz — Place 2
Interview Committee for Boards and Commissions
Animal Control Advisory Committee
Schertz Housing Board Liaison
Sweetheart Advisory Committee
Randolph Joint Land Use Study (JLUS) Executive
Committee
Schertz Seguin Local Government Corporation
Councilmember John — Place 3
Councilmember Thompson Place 5
Lone Star Rail District
Audit Committee
06 -16 -2015 City Council Agenda Page - 4 -
vmu�*
Department of Texas
1221 Quaker Lane
Lewisville, TX 7SO77
Honorable Michael Carpenter
Mayor of Schertz
1400 Schertz. Parkway
Schertz, Texas 78154
Dear Mayor Carpenter,
[CWT-nim =.
Commander
(214)605-7044
Recently a member of Alamo Chapter 1836, Narciso Puliclo, approached the Chapter
Commander, Lorenzo Rodriguez, about a approving a declaration declaring Schertz as a'" Purple
Heart City." It gives me great pleasure to invite the City of Schertz to issue such a proclamation.
Although Schertz does not have a Chapter itself, we know that many members of the Military
Order of the Purple Heart who belong to Alamo Chapter 1836 reside in Schertz. You may be
interested to know that Alamo Chapter 1836 is the largest chapter in the Nation and the
Department of Texas has the largest number of members of the Military Order of the Purple
Heart of any state. The Purple Heart is the oldest award given by the United States military
services. It is only awarded to members of the armed forces who are wounded or killed by an
armed enemy of the United States. The forerunner of the Purple Heart, the Badge of Military
Merit, was first awarded by General George Washington on August 7, 1782. You are joining a
distinguished group of cities, counties and universities in the State and across the Country that
have chosen to provide this honor.
What we ask in return for this invitation is that the government of Schertz pledge to continue
to help veterans and active duty personnel, that you make them welcome in your community,
assist them when necessary and appropriate and honor their service.
Please contact me or the Department Adjutant, Bill Crumlett, (210) 326-2231,
bcrumiett@satx.rr.com, if we can be of assistance. If you have a dedication ceremony we would
like to be informed so that we could plan on attending. We would also like a copy of the formal
proclamation for our records.
cc: Bill Crumlett, Adjutant, Department of Texas, MOPH
Agenda No. 1
CITY COUNCIL MEMORANDUM
City Council Meeting: June 16, 2015
Department:
Subject:
BACKGROUND
City Secretary
Minutes
The City Council held a Regular meeting on June 9, 2015.
FISCAL IMPACT
None
RECOMMENDATION
Staff recommends Council approve the minutes of the Regular meeting of June 9, 2015.
ATTACHMENT
Minutes — Regular meeting June 9, 2015.
MINUTES
REGULAR MEETING
June 9, 2015
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on June
9, 2015, 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 Robin Thompson
Staff Present:
Executive Director Brian James
Executive Director Bob Cantu
Deputy City Secretary Donna Schmoekel
Councilmember Daryl John was absent.
Con +n llrrinr
Mayor Carpenter called the meeting to
Texas (Councilmember
6 -09 -201.5 Minutes Page - i -
• Wednesday, June 17, Dog Park Ribbon Cutting, 6:00 p.m.
• Monday, June 29, Abel's Diner Ribbon Cutting, 8:00 a.m., 17327 IH 35 N.
• Monday, July 20th, Operation Comfort Fund Raiser, 1.1:00 a.m. to 3:00 p.m.,
Sponsored by Grumpy's Cafe, 18817 FM 2252, proceeds will benefit local charity.
• Announcements and recognitions by City Manager (J. Kessel)
Mayor Carpenter recognized City Manager John. Kessel who stated that they have been
working hard for the upcoming retreats. We have a retreat on June 18, 2015 with staff
and on June 19, 2015 with City Council. He stated we are working on a number of items
and just to cover that agenda and to give everyone an idea bf what we will be covering,
we have the Charter Review Commission recommondati ris, the Bond Committee
recommendations, the Facilities Master Plan ante an initial' ' update and broader
philosophical discussions we need to have to set some direction with our buildings, and
the Classification and Compensation Study initial philosophy setting session where we
can make certain that we are establishi lig the priorities of how we `gill -ego about
implementing it. Big topics will be discussed at the retreat and also we are planning on
having the employee engagement survey presentation by the University of Texas on June
16, 2015. . There may be an opportunity to discuss',this as well at the retreat as it relates
particularly to the Classification and Compensation Study, component.
fairly large ntitriber of staff who have been
orne =Bross departmental groups that we put
to reiw'some of the information and help
stated that he wanted to single out two
Letbetter, who got pulled in at the last
information from their areas, and they did
102 Years "Schertz Bank & Trust" (Mayor Carpenter)
Mayor arpenter recognized several members with the Schertz Bank & Trust who were
in attendance this evening to accept the proclamation. Mayor Carpenter read and
presented the proclamation recognizing and celebrating 102 Years of Service for Schertz
Bank and Trust;
• Introduction of the FY2015/16 Schertz Sweetheart Court. (L. Klepper /E. Matlock)
Mayor Carpenter recognized Events Manager Mary Spence who stated that on behalf of
Public Affairs Genera] Manager Linda Klepper and Office Manager Erin Matlock who
were in the audience, stated that we want to take you back a little; just two weeks ago we
held our coronation and had a chance to seat the FY 2015/16 Schertz Sweetheart Court,
our Ambassador's for the City of Schertz. She stated these ladies were four (4) among
eight (8) who participated and held their hand up and wanted to represent the City of
6 -09 -2015 Minutes Page - 2 -
Schertz. These ladies were judged by an independent panel and were selected to be our
representatives for the City. They will be serving the City by participating in parades;
they will be part of our Jubilee, Schertz Fest and Festival of Angels City events. They
are each going to take on a community service project that they are each going to head up
by gathering details, organizing and executing the projects. Ms. Spence introduced the
following members of the FY 2015/16 Schertz Sweetheart Court: Miss Schertz - Morgan
Gaitan. Miss Schertz introduced the following Court members: Miss Jubilee - Regina
Deason, Miss Friendly City - Sydney Fischer, and Miss Sunshine - Ellie Kate Gorman.
Miss Schertz stated that they are excited about representing the City of Schertz and being
a part of making the City what it is and also getting to know the Mayor and Council.
Mayor Carpenter recognized Mayor Pro -Tem Edwards who asked for Miss Schertz to
explain the concept of the match up regarding her songs she did for her talent. Miss
Schertz stated that she had put several songs together and played them on the cups.
Mayor Pro -Tem Edwards stated that we called this a remix in our day.
Mayor Carpenter recognized Councilmember Fowler who stated that Mary hit on
something that is very near and dear to him and that is community involvement.
Councilmember Fowler stated that when you pick your projects to please let him know
because he might be able to get you support and he would like to talk to them. That is the
spirit of Schertz.
Mayor Carpenter recognized Councilmember Azzoz who stated that he watched them all
that evening at the coronation and is so proud of them and definitely this is the future of
our City; you did a magnificent job.
Mayor Carpenter recognized Councilmember Thompson who stated he was delighted
with them the other evening and believes this is going to be a great year and he is looking
forward to it because they are part of it.
Mayor Carpenter congratulated all four of the ladies of the Sweetheart Court and thanked
them for choosing to compete and for representing the City throughout the next year.
Miss Schertz stated that the first event they will be participating in is the Luling
Watermelon Thump Parade, June 1.7, 2015, . if you are not doing anything that day please
come out and support the Schertz Sweetheart Court.
Hearing of Residents
Mayor Carpenter recognized the following individuals who spoke:
• Ms. Clare Layton, 12231 Lost Meadows Drive, who came forward stating that after last
week when Councilmember Thompson came down from the dais and gave the invocation
she wanted to send an e -mail to Councilmember Thompson and she went to the city
website under the Mayor and City Council page to click on the last line under the photo
which is the easiest way to address an email and found that Councilmember Thompson
6 -09 -2015 Minutes Page - 3 -
did not have a link to open to send an email. She also stated that the first row of photos
have a small "e" in e -mail and the second row has a big "E" in the e -mail. Clicking on
the Place 5 photo it shows Councilmember Thompson under BA in Christian Ministry
from Pacific Christian College; yet according to the 2014/2015 Hope International
University Catalog to which his college belongs you can earn a BA in Church Ministry.
Christian Ministry is listed as an on -line Bachelor of Science Degree from the college.
She stated that time does not permit her to elaborate how many other questions she now
has, and just because the City had no e -mail listed under Councilmember Thompson's
name. She also stated that although she may be the first to bring this to your attention she
doubts she is the only person in the City to notice the lack of Councilmember
Thompson's e -mail. Ms. Layton also commented on her suggestion on how to lead the
invocation that was led ex- officio last week and eommnted On how Council had taken
her suggestions and acted upon them even though she didn't'make the best presentation
of her suggestion that perhaps the City should start paying attentiir to details. However,
she thinks her experience of last week makes this week make a more cogent argument.
Because she couldn't find an e -mail for Councilmember Thompson she checked his City
bio and found possible disconnects. Then she oogled the January article ritten by Mr.
DeKunder and found that the Life Bridge Church website, was no help, and that the
church office is listed as a house in Buffalo Crossingw hich is a Cibolo Subdivision. She
did learn that the church allows you to watch their''s rvice live which she thought was
very interesting. Live streaming; of Council meetings is going to be another future
subject of hers later on. She stated that tonight she came in, person because she couldn't
thank Councilmember Thompson by e -mail. thapk you Councilman, hopefully sometime
the City will once again ask for blessings of our tr6ops, those continuously in harm's way
and those who will forever bear the scars of their service and also ask a blessing of our
City's first responders who put their lives daily on the line for all of us. Thank you for
listening tonignt,
• Ms. Melba Smith, 20 Aero; who tated,that she was here a couple of weeks ago and
spok,6 about p acing wreaths on the veteran's memorial plaza when the flags are put out
.01 Main Street. Ms. Smith stated that she has brought a list of dates for what they are for
and maybe the Schertz Magazine, can include them in their monthly issues of what flags
will be going up on that particular month so that the citizens of Schertz will know why
the fflas are on Main :street. Just this past Saturday, June 6, 2015, the flags were placed
because of D -Day Observation; the next Observance will be July 4, 2015, Independence
Day. Ms. Smith provided this listing of dates to Mayor Carpenter which included over
twenty dates. Mayer Carpenter provided this list to City Manager John Kessel who will
provide the list Ito Publications Editor Chuck McCollough to get them published. Mayor
Carpenter thanked Ms. Smith.
Discussion and Action Items
1. Minutes - Consideration and /or action regarding the approval of the minutes of the Joint
Meeting of May 28, 2015 and the Regular Meeting of June 2, 2015. . (J. Kessel/B. Dennis)
6 -09 -2015 Minutes Page - 4 -
Mayor Carpenter recognized Mayor Pro -Tem Edwards who moved, seconded by
Councilmember Fowler to approve the minutes of the Joint Meeting of May 28, 2015 and
the Regular Meeting of June 2, 2015. The vote was unanimous, with Mayor Pro -Tem
Edwards, Councilmembers Fowler, Azzoz, and Thompson voting for, no one voting
no. Councilmember John was absent. Motion passed.
2. Resolution No. 15 -R -42 — Consideration and/or action approving a Resolution
authorizing an Interlocal Cooperation Contract Agreement with Texas Parks and Wildlife
Department.(D. Wait/D. Covington /C. Meeks)
Mayor Carpenter recognized Captain Chris Meek, Safety", 'Training Officer for the Fire
Department and Emergency Management Coordinator:: Ile 'stated that with this contract
they will be able to participate in prescribed burns with the state and provide the training
for our guys and it will cover our guys and the equipment if anything were to happen.
RESOLUTION NO 15-
A RESOLUTION BY THE CITY COU1S
TEXAS AUTHORIZING AN INTERLC
AGREEMENT WITH TEXAS PARKS
(TPWD), AND OTHER MATTERS IN COT
Mayor Carpenter recognized M,
Councilmember Azzoz to approve
with Mayor Pro-Tom, :Edwards.
voting for, no one voting no. Con
CITY OF SCHERTZ,
RATION CONTRACT
LIFE DEPARTMENT
n, Edwards who moved, seconded by
Iq ci. jS- R-42. The vote was unanimous,
mber, Fowler, Azzoz, and Thompson
John was absent. Motion passed.
3. Resolution No.' 15 -R -43 Consideration and /or action approving a Resolution
authorizing an Emergency Mutua('Agreemerit with Alamo Area Council of Governments.
(D. Wait/D. COvingtonf : Meeks)
following
SOLUTION NO. 15 -R -43
A RESOLUTION 3Y THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AUTHORIZING AN EMERGENCY MUTUAL AGREEMENT WITH
ALAMO AREA COUNCIL OF GOVERNMENTS, AND OTHER MATTERS IN
CONNECTION THEREWITH
Mayor Carpenter recognized Captain Chris Meek who explained this agreement covers
all hazards - anything from Parks, Facilities Maintenance, Animal Control, etc. In any
kind of disaster, no one has enough resources to cover their own situation and will need
help from the mutual aid agreement (companies, cities, counties, etc.).
6 -09 -2015 Minutes Page - 5 -
Mayor Carpenter recognized Mayor Pro -Tem Edwards who moved, seconded by
Councilmember Thompson to approve Resolution No. 15 -R -43. The vote was
unanimous, with Mayor Pro -Tem Edwards, Councilmembers Fowler, Azzoz, and
Thompson voting for, no one voting no. Councilmember John was absent. Motion
passed.
4. Resolution No. 15 -R -44 — Consideration and/or action approving a Resolution
authorizing a contract with Austex Tree Service, for tree pruning services. (B. James /C.
Van Zandt)
The following was read into record:
RESOLUTION NO.
A RESOLUTION BY THE CITY COUNCIL OF THE CITY-01F SCHERTZ,
TEXAS AUTHORIZING A CONTRACT WITH-- AUSTEX TREE SERVICES,
INC. FOR TREE PRUNING SERVICES AND OTHER MATTERS IN
CONNECTION THEREWITH
Mayor Carpenter recognized Pat Manager Chuck''VanZandt who stated this has been
something that should have been dine a long time ago. We'have three parks where trees are
just allowed to grow naturally. In some eases that is okayut in a park setting it is not. It
can be dangerous or simply esthetically unple sing, It is also unhealthy for the tree(s). The
three parks are Woodland Oaks Park, Cutoff Park, d Oak Forest. They are going to do
what is called a Class. II pruning which entails thinning the crown of the canopy and
removing dead or dangerous limbs, thus improving the overall health and vitality of the
trees. At Oak Fnrst Park they will be doing a lot of tree removal. There are a lot of trees
that really don't belting there and are not adding to the overhead canopy; they also take
away nutrients from tie soil for the others. The only pruning we had done previously was
a clearing for, the walkiii trail. With these proposed improvements we will not have to
touch those trees fot the nest five to seven years.
Mayor Carpenter recognized Councilmember Azzoz who asked what the total amount of
money was in the tree mitigation fund. Per Mr. VanZandt, the fund has a little over
$500,000 left in it at this time. This contract is for a one -time service and the removal of
limbs will have several benefits; people walking in the park will not be getting hit on the
head with branches /leaves; it will bring the canopies into compliance with the city's code
compliance requirements of trees trimmed up 8 feet in general and 1.5 feet from the street
or sidewalk. It will also allow plenty of clearance when the parks personnel bring in their
mowing equipment.
6 -09 -2015 Minutes Page - 6 -
Mayor Carpenter recognized Councilmember Fowler who asked what the rationale used by
staff was because we selected the highest bidder instead of the lowest bidder. Mr.
VanZandt replied we only had two bids and there was a dramatic difference in their bid
amounts so they asked each contractor for additional information as well as examples of
other similar work they had done for other customers. In the end, staff felt the lower bidder
was not really bidding on the Class 11 pruning job we needed done, but had in mind a
different/lesser delivery product. Austex, on the other hand, provided us with samples of
the kind of job we are wanting and provided customer names as references.
5. Ordinance No. 15 -D -16 Cons
Prohibiting the use of Hand - Held']%
Devices while operating a motor v
Code of Ordinances of the City of c
per violation, providing an effective
Wait/M. Hansen /M: aaas), (First RE
The fo
and /or' action approving an Ordinance
unication Devices and :Portable Electronic
lding Article to Chapter 86 of the City
a,: providing for a fine of up to $200.00
other 'iatters in connection therewith. (D.
15 -D -16
Mayor Carpenter recognized Councilmember Azzoz who stated we have discussed this
before and he has recently visited with other law enforcement agencies, and every one of
them are absolutely in favor of passing an ordinance to outlaw texting and driving - period.
Driving is not a constitutional right, it is a privilege. This is important to him and he
personally knows of three people who have suffered losses and will not see their loved ones
again. The state legislature this year failed to pass this (Senate Bill 80). There is a lot of
lobbying behind that. Other states have passed it and they have been successful and
subsequently their accident rates went down. He gave a personal example of a driving
6 -09 -2015 Minutes Page - 7 -
incident that he avoided earlier this week because he was focused on his driving and paying
attention to the road and what was around him. He just wants everyone to arrive home safe.
Mayor Carpenter recognized Councilmember Fowler who stated he has been hearing lately
a lot of news stories of pedestrians being hit on the side of the road because someone
weaved at the wrong time due to a distraction. He doesn't see that it is of any benefit to us
to say even in 5 years from now that we had a child that was maimed or killed due to a
driving distraction, which could very well be texting. There is no need for it. TxDOT has
put out a lot of signs already of `Don't Text and Drive'. For the sake of our citizens, he
feels he has to vote in favor of this.
Mayor Carpenter recognized Mayor Pro -Tem Edwar
about devices, he thinks there needs to be more inclu
as changing the radio station, drinking out of a cup,
looking at the dash in any form or fashion; you are stiff
it was because of the handheld device. He can say you
your vehicle in an unsafe manner. We ire ill chart
behind the wheel of a vehicle. Distracted driving is di
is for hand held devices.
i who stated if we are only talking
A He gave several examples, such
utting on makeup, reading a book,
distracted in driving. He cannot say
vere certainly distracted and driving
A with responsibility when we get
:racted driving; you can't just say it
rer Thompson who asked Chief Hansen if he
obits texting while driving. Chief Hansen said
g a school zone. Councilmember Thompson
aws prohibiting distracted driving (i.e. putting
. Chief Hansen said the only one that touches
ision receiver device in view of the driver.
oration that this proposed ordinance focuses on
[isiracted driving. Chief Hansen confirmed that
or Carpenter, recognized Councilmember Azzoz who asked the Chief if he thought this
a good idea. He° said yes.
Mayor Carpenter recognized 'Councilmember Thompson who asked why the fine was set
so low at 200.00. City Attorney Charles Zech stated it was because of state law.
Mayor Carpenter : recognized Councilmember Azzoz who moved, seconded by
Councilmembet, Fowler to approve Ordinance 15 -D -16 on first reading. The vote was 3-
1, with, Counclmembers Fowler, Azzoz, and Thompson voting for, Mayor Pro -Tem
Edwards voting no. Councilmember John was absent. Motion passed.
Mayor Carpenter stated he reserved his comment(s) until after Council had a chance to
vote. He thinks Councilmember Edwards has it correct; reading, eating, putting on
makeup, talking, fighting, disciplining, sleeping, being under the influence of alcohol or
non - prescription drugs can all be distractions. He thinks that limiting this ordinance to
mobile communication devices is irresponsible and leaves too many things to chance. He
6 -09 -201.5 Minutes Page - 8 -
feels council should reconsider this in the very near future and take a look at having a
general distracted driving ordinance if that is the way they see things. He stated that
current research is still inconclusive as to whether passing any ordinance increases or
decreases the number of accidents. Given that information, he feels it is irresponsible to
have passed this ordinance in its current form. His last comment is that one of the things
we have talked about in this city is `regulating' — an example being smoking. Depending
on what source you look at, the number of deaths per year is between 40 and 50
thousand. Looking at multiple sources about cell phone accident deaths, the data shows
the number of deaths is between 2,600 and 5,000. Smoking deaths are a much larger
number and yet we have chosen not to ban that in this „city. Now we are banning
something of a much lesser problem. Also how can yu tell from a distance what
someone is doing with their phone, whether they are texting, to lking, or simply holding it
and rubbing the glass. So how are our officers going to be able to make an accurate
determination?
Roll Call Vote Confirmation
Deputy City Secretary Donna Schmoekel provided the rgll call: tote information for agenda
items 1 through 5.
Requests and Announcements
6. Announcements by City Manager
• Citizen Kudos;
• Recognition of City employee
• New Deb �rtmental initiatives
®i
7. Requests by' Mayor and ouncilmembers that items be placed on a future City
Council agenda.
Mayor Carpenter recognized Councilmember Thompson who stated he would like staff
to draft, ,,a distracted driving ordinance that would include far more items and would
encompass the cell phone but also include the many other things we have talked about in
a way that leaves ,flexibility for our police but also protects our drivers. Since this is a
difficult task, no specific timeline is being asked for but he thinks the greater concern of
distracted drivine does need to be addressed.
Mayor Carpenter recognized Mayor Pro -Tem Edwards who asked if we had any
ordinances on the books right now that addresses prohibiting people from walking on FM
3009. Chief Hansen stated if they are impeding traffic or walking in the wrong direction,
then that would be a violation of traffic.
8. Announcements by Mayor and Councilmembers
6 -09 -2015 Minutes Page - 9 -
• 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
• Upcoming City Council agenda items
Mayor Carpenter stated that last Saturday morning he attended a meeting at the
Veterans of Foreign Wars (VFW) on Austin Highway in San Antonio and the
Military of the Purple Hearts has invited the City of Schatz to be a Purple Heart City.
We have a copy of a letter inviting us to do so. lie" asked that on next week's agenda
we add an item for discussion and potential action for Scherii, adopting a resolution
to become a purple heart city. He will have snore d6tails at that time. This is a great
way for us to show our support for the military and in particular fr those who have
been injured in active duty or combat action or paid the ultimate sacri ce. '
Adiournment
Meeting was adjourned at 6:50 p.m.
R. Carpenter, Mayor
Donna Schmoekel,
6 -09 -201.5 Minutes Page -10 -
Agenda No. 2
CITY COUNCIL MEMORANDUM
City Council Meeting: June 16, 2015
Department: Police
Subject: Ordinance No. 15 -D -16 —
Final Reading
BACKGROUND
Goal
To establish a regulation on the use of hand -held mobile communication devices
and portable electronic devices while operating a motor vehicle upon the streets
and highways of the City with certain defenses.
Community Benefit
The use of hand -held communication devises while operating a motor vehicle has
proven to be hazardous to drivers upon the roadways of this State. By prohibiting
the use of these devices while operating a motor vehicle, with certain defenses,
would further and protect the public health, safety and welfare of the City.
Summary of Recommended Action
The proposed ordinance was submitted to City Council on March 24th and
returned in workshops on April 7th and May 19th
The proposed ordinance was presented to the Transportation Safety Advisory
Commission (TSAC) for their review, during their regular meeting February 5th
It was again presented during their regular meeting March 5th for discussion.
TSAC approved the ordinance as written and requested that it be presented to City
Council with their recommendation for approval.
City Council approved this on first reading at their meeting of June 9, 2015.
FISCAL IMPACT
The fiscal impact would be in the creation and placement of signs notifying
motorists of the passage of this section. It is believed that ten (1.0) signs should
provide appropriate notice. At approximately $157 per sign, ten (10) signs would
be under $1600.
The recommendation is to approve final reading of Ordinance No. 15 -D -16.
IrWMesoIuIDILIY1((.y
Ordinance 15 -D -16
W a 03 1L,ElL,Ce a►`[olmGD M
AN ORDINANCE PROHIBITING THE USE OF HAND -HELD MOBILE
COMMUNICATION DEVICES AND PORTABLE ELECTRONIC
DEVICES WHILE OPERATING A MOTOR VEHICLE BY ADDING
ARTICLE X TO CHAPTER 86 OF THE CITY CODE OF ORDINANCES
OF THE CITY OF SCHERTZ, TEXAS, PROVIDING FOR A FINE OF UP
TO $200.00 PER VIOLATION, PROVIDING AN EFFECTIVE DATE,
AND OTHER MATTERS IN CONNECTION THEREWITH
WHEREAS, the City Council of the City of Schertz, Texas (the "City ") finds that the
use of hand -held mobile communication devices and portable electronic devices to (1) engage
in a call, (2) send, read, or write a text message, (3) view pictures or written text, whether
transmitted by internet or other electronic means, (4) engage in gaming, or (5) engaging in any
other use of the device while operating a motor vehicle is a traffic hazard and a danger to the
public, which creates a particular danger or probability of danger in the City; and
WHEREAS, the City Council believes that prohibiting the use of hand -held mobile
communication devices and portable electronic devices to engage in any use of a mobile
communication device while driving, with certain defenses, would further and protect the
public health, safety, and welfare of the City.
THEREFORE: NOW ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SCHERTZ, TEXAS:
SECTION 1. Chapter 86, "Traffic and Motor Vehicles" of the Code of Ordinances,
City of Schertz, Texas, is hereby amended by adding a new section and article, to be numbered
Sec. 86 -256, Article X, which said section and article to read as follows:
Sec. 86 -256 REGULATING THE USE OF HAND -HELD MOBILE
COMMUNICATION DEVICES AND PORTABLE ELECTRONIC
DEVICES WHILE DRIVING
(a) In this section:
(1) ENGAGING IN A CALL means talking to, dialing, or listening on a
hand -held mobile communication device, but does not include holding a
mobile communication device to activate or deactivate the device.
(2) HAND -HELD MOBILE COMMUNICATION DEVICE means a text -
messaging device or other electronic, two -way communication device
that uses a commercial mobile service, as defined by 47 U.S.C.§ 332,
that is designed to receive and transmit voice communication, text
message or pictorial communication, or both, whether by internet or
other electronic means. The term includes a mobile telephone and a
personal digital assistant (PDA).
(3) HANDS -FREE MOBILE TELEPHONE means a mobile telephone that
has an internal feature or function or that is equipped with an
attachment or addition, whether or not permanently part of the mobile
telephone, by which a user engages in a call without the use of either
hand (or prosthetic device or aid in the case of a physically disabled
person) whether or not the use of either hand (or prosthetic device) is
necessary to activate or deactivate the mobile telephone.
(4) PARK OR PARKED shall mean for the operator to completely cease
movement of a motor vehicle in a lawful manner and location. For
purposes of this Section, "Parked" does not include or mean a vehicle
stopped in a lane of traffic due to either a lawful traffic control device,
or the conditions on the roadway, or traffic congestion patterns then
existing.
(5) PORTABLE ELECTRONIC DEVICE shall mean an MP3 or other
hand -held music player, electronic reading device, laptop computer,
pager, global positioning system or navigation system, electronic game
device, or portable computing device.
(6) TEXT MESSAGE means a two -way communication (whether real -time
or asynchronous) in which data (composed in whole or in part of text,
numbers, images, or symbols) is sent, entered, or received by a method
other than by voice and transmitted through either a short message
service (SMS) or a computer network. The term does not include a
communication transmitted through a global positioning or navigation
system.
(b) A person commits an offense if the person uses a hand -held mobile
communication device and/or a portable electronic device to 1) engage in a call,
2) send, read, or write a text message, 3) view pictures or written text whether
transmitted by internet or other electronic means, 4) engage in gaming, or 5)
engage in any other use of the device while operating a motor vehicle.
(c) This section does not apply to an operator of a motor vehicle using a hand -held
mobile communications device and /or portable electronic device:
(1) while the vehicle is legally parked or is being driven on private property;
(2) that is affixed to the vehicle and used as a global positioning or
navigation system;
N
(3) that is used with a hands -free mobile communication telephone or other
such device to engage in telephone communications or to listen to audio
transmissions;
(4) while operating an authorized emergency vehicle in an official capacity;
or
(5) who is licensed by the Federal Communications Commission while
operating a radio frequency device other than a hand -held mobile
communication device.
(d) It shall be an affirmative defense to prosecution under this section that the
person was using a hand -held mobile communication device or portable
electronic device for the purpose of:
(1) reporting illegal activity to a law enforcement agency;
(2) communicating with an emergency response operator, a fire department,
a law enforcement agency, a hospital, a physician's office, or a health
clinic regarding a medical or other emergency situation; or
(3) preventing injury to a person or property.
(e) A person convicted of an offense under this section shall be punished by a fine
of not more than $200.00 per violation.
(f) An offense under this section is not a moving violation and may not be made a
part of a person's driving record or insurance record.
(g) To the extent this section conflicts with Texas Transportation Code Section
545.424, regarding the use of wireless communication devices while operating a
motor vehicle by minors, Texas Transportation Code Section 545.425, regarding
the use of wireless communication devices in school crossing zones, or Texas
Transportation Code Section 545.4252, regarding the use of wireless
communication devices on school property, this section does not apply.
SECTION 2. Chapter 86 of the Code of Ordinances, City of Schertz, Texas, as
amended, will remain in full force and effect, except as amended by this Ordinance.
SECTION 3. The City Council hereby authorizes the City Manager or his designee to
have signs posted in designated areas in the City in accordance with Texas Transportation
Code Section 545.425, as amended, that prohibit the use of wireless communication devices
while operating a motor vehicle in the City.
3
SECTION 4. 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 City Council.
SECTION 5. All ordinances, or parts thereof, which are in conflict or inconsistent
with any provisions 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 6. This Ordinance shall be construed and enforced in accordance with the
laws of the State of Texas and the United States of America.
SECTION 7. If any provision of this Ordinance or the application thereof to any person
or circumstance shall be held invalid, the remainder of this Ordinance and the application of
such provision to other persons and circumstances shall nevertheless be valid, and the City
Council hereby declares that this Ordinance would have been enacted without such invalid
provision.
SECTION 8. It is officially found, determined, and declared that the meeting at which
this Ordinance is adopted was open to the public and that 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, Texas Government Code, as amended.
SECTION 9. This Ordinance shall be effective upon the date of final adoption hereof
and any publication required by law.
[The remainder of this page was intentionally left blank.]
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PASSED and APPROVED on first reading this the 9th day of June, 2015.
PASSED, APPROVED and ADOPTED on second reading this the 16th day of June,
2015.
ATTEST:
City Secretary
(Seal of the City)
APPROVED AS TO FORM:
City Attorney
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APPROVED:
Michael R. Carpenter, Mayor