10-20-2015 MinutesMINUTES
REGULAR MEETING
October 20, 2015
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on October
20, 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 Grumpy Azzoz
Councilmember Cedric Edwards
Staff Present:
Executive Director Brian James
City Attorney Charles Zech
Call to Order — City Council Regular Session
Mayor Pro -Tem Fowler
Councilmember Daryl John
Councilmember Robin Thompson
City Manager John Kessel
Executive Director Dudley Wait
City Secretary Brenda Dennis
Mayor Carpenter called the meeting to order at 6:01 p.m.
Opening Prayer and Pledges of Allegiance to the Flags of the United States and State of Texas.
( Councilmember Daryl John)
Mayor Carpenter recognized Councilmember John who provided the opening prayer 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 (B. James/D. Wait/B. Cantu)
Mayor Carpenter recognized Executive Director Brian James who provided the following
announcements:
• Thursday, October 22nd Chamber Ribbon Cutting Legacy at Forrest Ridge 5:30 p.m.
5001 Schertz Parkway.
• Saturday, October 24th Soccer Complex Ribbon Cutting Ceremony 9:00 a.m.
• Saturday, October 31St - JBSA Open House and Air Show 9:00 am — 6:00 p.m.
• Sunday, November 1St Featuring Wings of Blue U.S. Air Force Skydiving Team,
U.S. Army Golden Knights and Air Force Thunderbirds.
ELECTION INFORMATION
October 19 - 30 - Early Voting begins Monday, October 19th and ends Friday, October
30th. Locations and early voting hours vary per location. For more information, please go
to www.schertz.com and click on the election banner. Information is also available
regarding the bond and charter propositions.
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Tuesday, November 3 - Election Day voting hours are 7:00 a.m. — 7:00 p.m. based on
your precinct.
• Announcements and recognitions by City Manager (J. Kessel)
Mayor Carpenter recognized City Manager John Kessel who thanked Animal Services
Manager Shanna Roman and her staff regarding a recent newspaper article in the San Antonio
Express News on the implementation of the city's recent feral cat program (trap, neuter,
release). This is a very innovative and proactive approach to address the feral cat problem in
our area.
Mayor Carpenter recognized Boy Scout Preston Wesley from Troop 512 who was in the
audience tonight and working on his Communication Merit Badge.
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 existingpolicy 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. Maggie Titterington, Schertz Chamber President, who stated the Chamber Luncheon
held today was a great success and featured speaker Laura Schaeffer who spoke on
building a modern management system. She will also speak on this subject at the
Chamber Biz Ed class next Wednesday. It is free to members and $10 to anyone else.
The Chamber Awards Banquet will be held November 13. They are limited to 200 tickets,
$25 each.
She recognized several businesses who are sponsoring free food/lunches for the upcoming
JBSA air show; they are Abel's, BEB, Fox's Pizza, Simply Charming Cakes, El Charro,
KDJ Insurance who donated funds, and our SC MAC (Military Affair Committee) group.
Ms. Titterington also stated last week, the `Meet the Candidates' event went well with 120
residents attending. She thanked the candidates who came out and answered questions
from the public.
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Their Spooktackular event at the Senior Center is coming up this Friday and is sold out. It
is from 6:00 p.m. -9:00 p.m.
Mayor stated before continuing he wanted to recognized Mayor Pro -Tem Jay Hogue from the
City of Cibolo who was in the audience tonight.
• Mr. Glen Outlaw, 3729 Forsyth Park, who stated he was unable to attend last week's
meeting and he feels in today's digital age we should be able to view the city council
meetings online and feels this feature would also add to the city's efforts in maintaining
transparency.
Additionally, he urged Council to continue to find ways to get along and work together in
their discussions and decisions. He is somewhat disturbed from what he has been hearing
recently from our own Schertz Council and does not want to be reading any bad press
about it in the newspapers.
• Ms. Rosemary Scott, 3576 Olde Moss, who provided a variety of unsolicited comments
from city residents she has heard recently. They range from citizens desiring a more
business friendly environment, wanting more free recreational choices and more musical
outlets /venues for local musicians. Complaints and other comments ranged from the local
police giving out too many traffic tickets to local residents, too much growth and
development too fast, speedbumps are needed in certain neighborhoods, drainage
improvements and pothole repairs needed, too many ordinance restrictions, extended
operation times desired for certain school facilities, no local farmers market available, a
teaching community garden desired as well as a recycle program, as well as concern about
future increased taxes, adequate development services, and code compliance issues.
• Ms. Sue Boissonneault, 2141 Cherry Blossom, who requested prayers be said for Mr.
Richard Dziewit who recently had a mild stroke and is currently in the North Central
Baptist Hospital in San Antonio having more tests done.
• Mr. Ruben Villarreal, 3413 Sandie Lane, Edinburg, Texas, who stated he is a
congressional candidate for District 15. In addition to holding other city offices he is also
a former city mayor and councilmember and knows the importance of city government.
He hopes everyone will come out and vote for the current propositions and their local
officials. He also hopes everyone will come out in March 2016, for himself or the
candidate of your choice, and also vote in November 2016. He thanked everyone present
for their time.
• Ms. Janice Laphan, 5236 Columbia, Ms. Faye Touve, 5213 Brookline, Ms. Janet Brehm,
2508 Pillory Pointe, Ms.Kathy Hartman, 224 Town Creek Way, Cibolo, TX, Ms. Kim
Drake, 2466 Cove Crest, Mr. Doug Hammen, 201 Winter Frost, Ms. Sara Ryel, 104 Pilot
Point, Mr. Todd Richardson, 2913 Greenshire Drive, Mr. M.G. Hicks, 119 Apache Circle,
Cibolo, TX, Mr. Joel Hicks, 223 Lamar, Cibolo, TX, Ms. Merideth Hernandez, 116
Saddle Trail, Cibolo, TX, Mr. Sam Hernandez, 116 Saddle Trail, Cibolo, TX, Ms.
Annabell Sanchez, 104 Pilot Point, Mr. Michael Cox, 856 Marbella, Cibolo, TX, and Ms.
Yolanda Suarez, 3808 Broughton, who all provided their comments of support and
requests to move forward regarding the building of the future Schertz Aquatic facility.
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Mayor Carpenter also recognized Councilmember Verlin "Doug" Garrett, District 2 from the City of
Cibolo who just joined us.
Mayor Carpenter moved to Item 6 of the Agenda.
6. Ordinance No. 15 -T- 36 - Consideration and /or action approving an Ordinance authorizing a
budget adjustment for the Aquatic Facility Construction; repealing all Ordinances or parts of
Ordinances in conflict with this Ordinance, providing an effective date, and declaring an
emergency. First and Final Reading (B. James)
The following was read into record:
ORDINANCE NO. 15 -T -36
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING A BUDGET ADJUSTMENT FOR THE AQUATIC FACILITY
CONSTRUCTION; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES
IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE
DATE, AND DECLARING AND EMERGENCY
Mayor Carpenter recognized Executive Director Brian James who stated that the City has
been working on the design of the Aquatic Facility. The primary source of funding for the
project is from the 2010 bond. An additional $2,000,000 contribution is being provided from
the YMCA that will be paid over 20 years. The intent is to issue General Obligation bonds for
that amount in early 2016 at the same time as the City would issue bonds that may be passed
as part of the 2015 bond election.
Additionally the City is proposing to finalize the Interlocal agreement with Schertz Cibolo
Universal City ISD (SCUCISD) that provides the City with $1.65 million dollars in exchange
for SCUCISD to be able to use 6 of the proposed 8 lanes of the competition pool and
exclusive use of the locker facilities for 4 hours every morning during the school year –
generally from 5:30 to 9:30 and to have exclusive use of the competition pool and lockers to
host 3 swim meets per year. The City will bill SCUSISD for their funds as draws based on the
completion of construction. That agreement is scheduled to be considered by City Council on
October 27 in conjunction with the final reading of this ordinance.
In order to execute the contract with Thomas S. Byrne, Ltd. this Ordinance authorizes $3.65
million to be budgeted toward this project. It is not anticipated that these funds will actually
be spent as explained above, but are in place in order to execute the contract. Staff
recommends Council approve Ordinance 15 -T- 36 first and final reading and declaring an
emergency.
Mr. James provided a PowerPoint presentation reiterating the partnerships /agreements we
have already developed with the YMCA and BVYA for a number of our recreation facilities
and activities and why we are engaging the school district (SCUCISD) as our current partner
with the proposed aquatic facility. He also went over the qualifications of contractors Marmon
Mok and Byrne Construction Services —both companies had representatives in the audience
available for questions from council. They have also used Counsilman- Hunsaker, a reputable
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aquatics design firm, to determine the needs of the aquatics facility. Mr. James went over
information regarding the parking plans, facility rooms, pool rooms and the overall
composition and structure of the building.
The building size is 19,031 square feet with a guaranteed maximum price of $8,483,893. This
amount includes a contingency of $275,254. Anticipated notice to proceed is November 2015
with a construction duration of 10 months and estimated completion time of in the Fall of
2016. Mr. James stated the first goal is to allocate those reserve funds to get this thing going
and the second is the first amendment for the guaranteed maximum price. Mr. James and
Owners Representative Phil Gaudreau remained available to answer questions from council.
Mayor Carpenter recognized Councilmember Edwards who moved, seconded by
Councilmember Thompson to approve Ordinance No. 15 -T -36 first and final reading.
Mayor Carpenter recognized Mayor Pro -Tem Fowler- who stated for clarification the $3.65
million we are taking out of the reserves, that money is not necessarily going to be spent on
this pool because the money that is from the bond issue is what is actually going to be spent.
The reserve money is only to guarantee the contractor that we have the funds to go forward.
Mayor Carpenter recognized Mr. James who confirmed that was correct and the $3.65 million
would go back into the reserves after completion of the project.
Mayor Carpenter recognized Councilmember Azzoz who thanked everyone here who came
forward to speak in support of the pool. The speakers appeared to be 50% from Schertz and
50% from other cities. He is 100% for the pool and he is 100% for Schertz residents and
Schertz taxpayers. He expressed concern over the maintenance cost of the pool over the next
several years which will also be utilized by not just Schertz residents but by the Schertz -
Cibolo- Universal City School District. This cost will be shouldered by the Schertz taxpayer.
The voters voted for a community pool. He is concerned about restricting lanes for the school
district's use. The intent of the pool is for us to enjoy. He said this is not fair to the Schertz
taxpayers. He asked Councilmember Edwards to withdraw his motion to approve this pool
and table it for further discussion to make sure we are doing the right thing for our residents.
Further discussion ensued in regard to the YMCA agreement with the city, possible parking
issues, and resident fees to utilize the pool. Mayor Carpenter read several excerpt newspaper
articles from back in 2010 which mentioned a `competition' pool and aquatic facility and the
idea of possibly sharing of costs with the school district. He doesn't think the voters were
unaware of what this pool was to be built for; the language was clear. We also learned things
as time went on, one of which is that we could build two bodies of water and serve the most
people. After more discussion amongst council, Councilmember Azzoz again requested
Councilmember Edwards to withdraw his motion. Councilmember Edwards stated he would
not withdraw his motion.
Mayor Carpenter recognized Councilmember Edwards who moved, seconded by
Councilmember Thompson to approve Ordinance No. 15 -T -36 first and final reading.
The vote was 4 -1 -0 with Mayor Pro -Tem Fowler, Councilmembers, John, Edwards and
Thompson voting for and Councilmember Azzoz voting no. Motion passed.
7. Resolution loco. 15 -R -90 — Consideration and/or action approving a Resolution authorizing an
amendment to the existing A133 Agreement for the Construction Phase Services of the
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Construction Manager at Risk Agreement for the New Indoor Aquatic Facility and Associated
Support Systems. (J. Kessel/P. Gaudreau)
The following was read into record:
RESOLUTION NO. 15 -R -90
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING AN AMENDMENT TO THE EXISTING A133 AGREEMENT FOR
THE CONSTRUCTION PHASE SERVICES OF THE CONSTRUCTION MANAGER
AT RISK AGREEMENT FOR THE NEW INDOOR AQUATIC FACILITY AND
ASSOCIATED SUPPORT SYSTEMS AND OTHER MATTERS IN CONNECTION
THEREWITH
Mayor Carpenter recognized Executive Director Brian James who stated he had previously
given them the overview and to summarize, what we are doing is amending the current
agreement with Byrne Construction Services for essentially a guaranteed maximum price for
the aquatic facility construction. Byrne Construction will oversee it, and they will do the
construction, and are responsible for the construction of this facility.
Mayor Carpenter moved, seconded by Councilmember Edwards to approve Resolution No.
15 -R -90. The vote was 4 -1 -0 with Mayor Pro -Tem Fowler, Councilmembers John,
Edwards and Thompson voting for and Councilmember Azzoz voting no. Motion
passed. Note: Councilmember Azzoz 'abstained', but the Mayor pointed out that pursuant to
Ordinance 15-M-06, an abstension would be recorded as a `nay', unless there was a legal
reason why a councilmember would be allowed to abstain.)
Mayor Carpenter responded to a point of privilege raised by Councilmember Thompson to recess the
meeting for five minutes at 7: 47 p. m.
Mayor Carpenter re- opened the meeting at 7:56p. m.
Mayor Carpenter moved to Item 5.
5. Ordinance No. 15 -S -34 — Conduct a public hearing and consideration and/or action
PH approving an Ordinance amending the Official Zoning Map by rezoning an approximately 1
acre tract of land from Single Family Residential District — 2 (R -2) to Main Street Mixed Use
District (MSMU). First Reading (B. James/L. Wood)
The following was read into record:
ORDINANCE NO. 15 -S -34
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AMENDING THE OFFICIAL ZONING MAP BY REZONING AN
APPROXIMATELY 1 ACRE TRACT OF LAND FROM SINGLE FAMILY
RESIDENTIAL DISTRICT -2 (R -2) TO MAIN STREET MIXED USE DISTRICT
(MSMU).
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Mayor Carpenter recognized Senior Planner Lesa Wood who stated that the property owner,
Steven White is proposing to rezone the approximately 1 acre tract of land located at 805
Main Street from Single - Family Residential District -2 (R -2) to Main Street Mixed Use
District (MSMU). The property contains an existing apartment building and a one story
residence that are currently occupied.
The zoning district of Main Street Mixed Use District (MSMU) allows for single family
residential and low intensity commercial land uses that which allows for a greater opportunity
for redevelopment of the subject property.
The public hearing notice was published in "The Daily Commercial Recorder" on October 1,
2015 and the "Herald" for the October 7, 2015 for the October 20, 2015 City Council
Meeting. There were twenty -three (23) notices mailed to surrounding property owners within
two hundred (200) feet of the subject property on September 11, 2015. At the time of this
report two (2) responses were received; one (1) in favor of the request and one (1) response
was neutral to the request. No responses were received opposed to the request.
The Sector Plan amendment to the Comprehensive Land Use Plan (CLUP) designates the
subject property as part of Historic Downtown Schertz. The objectives for Historic Downtown
Schertz are to leverage Schertz's history and heritage to create a unique destination with local
independent businesses, encouraging the use of existing buildings. The Main Street Mixed
Use District (MSMU) was created to help achieve these objectives and is intended to provide
a base zoning district to 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 constraints in the Main Street area.
• Comprehensive Plan Goals and Objectives: The proposed rezoning request is generally in
conformance with the goals and objectives of the Comprehensive Plan. The proposed zone
change will provide for either single family or low intensity commercial occupancy.
• Impact of Infrastructure: The proposed rezoning request should have a minimal impact on the
existing water and wastewater systems.
• Impact of Public Facilities /Services: The proposed rezoning request will have a no impact on
public services, such as schools, fire, police, parks and sanitation services.
• Compatibility with Existing_ and Potential Adjacent Land Uses: The subject property is
currently surrounded by commercial, multi - family and single family land uses. The Main
Street Mixed Use District (MSMU) will allow for either low intensity commercial or single -
family residential.
Staff reviewed the request for conformance with the Comprehensive Land Plan and the Future
Land Use Plan (FLUP). The Comprehensive Land Use Plan identifies this area as Historic
Downtown Schertz. The rezoning request appears to have a minimal impact on the public
infrastructure, facilities or services and is consistent with the Comprehensive Land Use Plan
and compatible with the surrounding land uses. The property was originally built as a Hospital
and is currently occupied as an Apartment Building and a one story residence. If the rezoning
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is granted, the land use of apartments will be considered an existing non - conforming use and
subject to the restrictions identified in UDC Article 7 Nonconforming Uses, Lots and
Structures. The land use of apartments may continue to be used, operated and occupied until
the use has been abandoned.
Based on the Comprehensive Land Use Plan and surrounding land uses the Main Street Mixed
Use District (MSMU) is the most appropriate zoning district for this tract of land. Staff
recommends approval of the rezoning application as submitted.
Mayor Carpenter opened the public hearing and as no one spoke called for Council comments.
Ms. Wood answered several more questions from council.
Mayor Carpenter recognized Councilmember Azzoz who moved, seconded by
Councilmember Thompson to approve Ordinance No. 15 -S -34 on first reading. The vote was
unanimous with Mayor Pro -Tem Fowler, Councilmembers Azzoz, John, Edwards and
Thompson voting for and no one voting no. Motion passed.
Mayor Carpenter moved to the `Street Bond' Workshop.
Workshops
• Presentation, discussion and update regarding the Street Bond Projects. (B. James/K.
Woodlee)
Mayor Carpenter recognized City Engineer Kathy Woodlee who provided a PowerPoint
presentation with the following highlights:
2006 Street Bond
PROPOSITION NO.3
"Shall the City Council of the City 'of Schertz, Texas be authorized to issue
and sell. general obligation bonds of the: City in the principal amount of
520,000,000. for the purpose of making permanent public improvements-. or
for other public purposes, to wit: constructing street, curb, and sidewalk
improvements (including utility relocation) arid. drainage incidental thereto
and the purchase of land relating thereto? such bonds to mature serially or
otherwise not more than forty (40) years from tlieir• date, and any issue or
series of said bonds to bear interest at such. rate or rates (fixed; floating, .
variable or otherwise) as may be determined within the `discretion of the
City Council, provided that such rate of interest shall not exceed the
maximum rate per annum authorized by .law at the tithe of the issuance of
any issue: or series of said bonds- and shall the City Council of the City be:
authorized to levy and pledge, and cause to be assessed and collected.;
annual ad valorem taxes, within the limitations - prescribed by law, on aAl .
taxable property in said City ;sufficient to pay the annual .interest and
provide a sinking fund. to pay the bonds at maturity
$20 Million in Projects
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❑ Doerr Lane Reconstruction
❑ Schertz Parkway Reconstruction (Dietz Creek to FM 78)
❑ Wiederstein- Chelsea Intersection
❑ Dimrock Resurface
❑ Woodland Oaks Drive Resurface
❑ Rural Roads South
❑ Deer Haven Reconstruction
❑ Lone Oak Streets Reconstruction
❑ Lone Oak Emergency Exit
❑ Green Valley Road Upgrade
❑ Northcliffe Streets Reconstruction
❑ Westchester Drive Construction
❑ Lazy Oak Drive Reconstruction
❑ Laura Heights Streets Reconstruction
• Main Street Road Improvements
$20,000,000 beginning
- $19,250,000 spent
$ 750,000 remaining
$750,000 balance
- $454,000 Main Street*
$296,000 remaining
*Funds to be coupled with remaining $979,570 for qualityof-
life/beautification of Main Street ($1.4 million total)
Proposed Use of Remaining Bond Funds:
Minor Street Improvements — Immediate Needs Identified
Proposed Use of Remaining Bond Funds:
• $15,500 for Emergency Improvement on Wiederstein Road
• Emergency Repair/Reconstruction — Completed in September
® $60,000 (est.) for Interim Improvement of Schertz Parkway
between Maske and Live Oak Roads
• Needed to alleviate rapid deterioration of road condition
• Central to City, high profile, heavily travelled (14,460 ADT)
• Work to be performed by City Crews
• $25,000 (est.) for Construction of Intersection Improvements to
complete Mesa Oaks and Reserve at Mesa Oaks Subdivision
Infrastructure Obligation
• Work to be completed via reimbursement agreement with developer of proposed
Wynter Hill Subdivision
• $195,000 available for Pavement Management System Update (Micropaver)
• Professional assistance with prioritization of projects and maintenance programming
o Remaining funds to be allocated to Main Street Improvements
Ms. Woodlee answered various questions from Council.
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Mayor Carpenter recognized Public Works Director who came forward to say they are ready
to start on this as soon as weather permits. Council gave their direction to staff to move
forward with their recommendation.
Mayor Carpenter moved to the Consent Agenda Items.
Consent Alzenda Items
The Consent Agenda is considered self - explanatory and will be enacted by the Council with one
motion. There will be no separate discussion of these items unless they are removed from the
Consent Agenda upon the request of the Mayor or a Councilmember.
1. Minutes - Consideration and/or action regarding the approval of the minutes of the Regular
Meeting of October 13, 2015. (J. Kessel/B. Dennis)
2. Appointments/ Reappointments and Resignations to City Boards, Commissions and
Committees — Consideration and/or action regarding the resignation of Mr. Robert Wallace of
the Parks & Recreation Advisory Board and the appointment of Mr. Eric Haugen as a Regular
Member to the Parks & Recreation Advisory Board, replacing Mr. Wallace. (B.
Dennis/Mayor /Council)
3. Appointments/ Reappointments and Resignations to City Boards, Commissions and
Committees — Consideration and/or action ratifying the resignation of Mary E. McAllister of
the Library Advisory Board and the appointment of Ms. Patti Paulson as a Regular Member
and the appointment of Ms. Patti Paulson from Alternate 2 to Alternate 1, and appointment of
Rebecca Scheffler as Alternate No. 2. (B. Dennis /Mayor /Council)
4. Appointment to the Schertz Housing Authority Board — Consideration and/or action
ratifying the resignation of Commissioner Mark Klebig and approving the appointment of Mr.
Dana Eldridge to the Schertz Housing Authority Board. (Mayor Carpenter)
Mayor Carpenter recognized Councilmember Azzoz who moved, seconded by
Councilmember Thompson to approve the consent agenda items 1 -4. The vote was
unanimous with Mayor Pro -Tem Fowler, Councilmembers Azzoz, John, Edwards and
Thompson voting for and no one voting no. Motion passed.
Mayor Carpenter moved to Item 8.
Discussion and Action items
8. Resolution No. 15 -R -91— Consideration and/or action approving a Resolution authorizing an
Interlocal Agreement with the City of Frisco regarding uniform purchases and other
associated items. (D. Wait/K. Long/J. Kurz)
The following was read into record:
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RESOLUTION NO. 15 -R -91
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AUTHORIZING AN INTERLOCAL AGREEMENT WITH THE CITY
OF FRISCO REGARDING UNIFORM PURCHASES AND OTHER
ASSOCIATED ITEMS, AND OTHER MATTERS IN CONNECTION
THEREWITH
Mayor Carpenter recognized Assistant Fire Chief Kade Long who introduced this item
stating currently the Fire Department orders uniforms annually through a variety of
vendors, depending upon the costs of the items. The process is time consuming and the
department would prefer a more streamlined approach. The Frisco Interlocal
Agreement allows 35 different cities to cooperatively purchase uniforms, thereby
reducing the cost per item. The Interlocal Agreement can be used by Fire, Police, and
EMS. This agreement will reduce our cost for uniform items as well as streamline the
ordering process. This will increase turnaround time enabling personnel to receive
uniforms in a faster and more efficient manner. In addition, the agreement also will
include police and EMS uniform items.
Items included in this agreement are already routinely ordered. They are not additional
items. Therefore, this agreement will not result in any additional fiscal impact to the
city. Staff recommends approval of resolution 15 -R -91.
Mayor Carpenter recognized Councilmember Edwards who moved, seconded by
Councilmember Thompson to approve Resolution No. 15 -R -91. The vote was unanimous
with Mayor Pro -Tem Fowler, Councilmembers Azzoz, John, Edwards and Thompson
voting for and no one voting no. Motion passed.
Mayor Carpenter moved to the City Council Code of Ethics workshop item.
® Discussion and possible action regarding the City Council Code of Ethics and the City
Council Rules of Conduct and Procedure. (Item requested by Mayor Pro -Tem Fowler and
Mayor Carpenter)
Mayor Carpenter began his presentation with highlights from his PowerPoint which
included the following;
Why have Rules of Procedure?
Rules of procedure are designed
to accomplish many things — among them are:
• Create an environment where the highest ethical standards can be maintained
• Attempt to ensure that the actions of the council are taken with a genuine interest in
the well -being of the community as a whole
• Promote citizen confidence that their government is acting responsibly and in
accordance with state law
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• When council opinion is divided, protect the interests of both the majority and the
minority members
Why have a Code (or Rules) of Conduct?
Rules of conduct are designed to do several things.
Among them are to:
• Set a foundation for councilmember interaction during council meetings
• Set a similar foundation for councilmember interaction while in visibly public forums
• Attempt to establish a professional working environment for councilmembers (as
opposed to a partisan political environment — focusing on the good of the community
and not on personal agendas)
• Provide a framework within which the city council can operate that seeks to avoid the
introduction of scandal or unnecessary risk(s) to the city or its reputation
Code of Conduct Review
From Ordinance 15 -M -06
Council Code of Conduct Review
• 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 lookfor hidden agendas
• Observe the city's written rules of conduct and procedure
• While 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
Rules of Procedure Review
Selected sections from Ordinance 15 -M -06
Council Rules of Procedure Review
Article 2. General Rules
2.2 Quorum, Three members of the council, not including the mayor, shall constitute a
quorum.
t
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If we have fewer than three voting members present, we can discuss our agenda but
take no actions.
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.
In order to avoid having multiple speakers at once, shouting matches, interruptions
and other disruptive actions any person desiring to speak should first address the
chair (whether it be the mayor, mayor pro -tem or otherwise) and ask to be recognized.
Also therefore, no one but the chair can recognize another speaker or ask staff or the
public to speak.
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 into
the minutes.
When the rules do not seem to anticipate a situation or a member sees a need for relief
from the rules for whatever reason, the council may set aside individual or groups of
provisions of these rules or of the rules in their entirety. Of course, while this has
many possible positive effects, a primary effect to consider is that in the absence of
rules the chair rules without a check or balance, nearly absolutely.
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. Tunes of Meetings
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.
Article 4., Presidinlz Office and Duties
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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 6. Order of Business
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.
The time for requests by mayor and councilmembers to place an item on a future
agenda and the time for announcements by the mayor and councilmembers is not a
time to bring up issues for discussion or digress into a diatribe involving business
before the council not on the agenda or another member The time is also not
appropriate for bringing up activities that highlight one's business or other private,
commercial interests.
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Article 7. Consideration of Ordinances, Resolutions and Motions
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 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.
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.
Self- explanatory. Moving forward this rule will be carefully enforced for the sake of
maintaining order and decorum. The provision applies equally to councilmembers,
staff and the public.
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.
The first section is clear – all members of the council are responsible to one another
not to delay or interrupt the proceedings or the peace of the meeting.
Please quietly notify the chair if you are leaving the dais as you go, either by note or
verbal communication.
Article 8. Rules of Decorum
8.3 Presiding Officer. The Mayor or the Mayor Pro -Tern 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
10 -20 -2015 Minutes Page - 15 -
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.
The councilmembers have the right to remove an overzealous chair.
The provision is the check and balance against the abuse of power by the chair, be it
the mayor, mayor pro tempore or other member of council acting as the chair.
Article 8. Rules of Decorum
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.
Improper references to personalities and the use of indecorous language on the dais
will be dealt with swiftly by the chair Such behavior has consequences far beyond
what is immediately visible in the chambers.
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.
The provision specifically protects the right of any councilmember to be heard on a
matter before -the council. Particular care should be exercised by the chair to ensure
the minority opinion is heard at every juncture. Improper interruptions should be
quashed and the offending member or members warned not to repeat the offense.
Repeated offenses under 8.2, 8.4 and/or 8.5 warrant removal of the councilmember
from city property until the meeting has concluded. Pursuant to Article 10, if a
councilmember has refused to leave city property and has resisted removal by the
sergeant at arms, that member will be arrested and taken into custody.
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
10 -20 -2015 Minutes Page - 16 -
"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.
We often struggle to keep our discussion on point. All of us need to be cognizant of the
item we are considering and refrain from wandering into unrelated territory.
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.
* *Mandatory if seconded; no vote
required
Mayor Carpenter stated that he will continue next week with his presentation.
Roll Call Vote Confirmation
10 -20 -2015 Minutes Page -17 -
s
� ffirmative
� ,-
May
Resoiued by =Vote by 3
interrupt _ Second
Cha�rNo Council -
Motion
Speaker iRequrred
p�patabie Amendable
Uote ,members
2]3 Vote,;
_
A Meeting �opduct'N►otions"
-_
1. Point of privilege
yes no
no no
yes ono
ono
s
no
no
2. Point of procedure or order
yes 'no
no no
;yes
3. To appeal a ruling
no 'yes
yes no
no ayes
no`
4. To recess
no yes
yes yes
no yes
no
5. To withdraw
�.
no
no ,no
yes ono
no
6. To postpone
dyes
no> ;yes
s
yes yes
no yes
no
ono;
7. To refer
,na yes
yes ;yes
no yes
;yes
no eyes
no
8. To amend
nq yes
yes
9. To limit or close debate or "call
the question"
rio yes
x
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 ** noo
_T _ _.—
C - Main -Motions
-_
of origrnal R-,
^
-
rn4tion was
z
' �
12. To reconsider
yes yes
debatable no
no ayes
Fn
no
13. To rescind
na LL ;yes
yes ,yes
no no
yes
`yes
'Yes * **
na
14. To take action
na = yes
yes
no
* *Mandatory if seconded; no vote
required
Mayor Carpenter stated that he will continue next week with his presentation.
Roll Call Vote Confirmation
10 -20 -2015 Minutes Page -17 -
Mayor Carpenter recognized City Secretary Brenda Dennis who provided the roll call votes
for agenda items 1 through 8. ote: On Item No. 7 Councilmember Azzoz 'abstained', but the
Mayor pointed out that pursuant to Ordinance 15-M-06, an abstension would be recorded as
a `nay', unless there was a legal reason why a councilmember would be allowed to abstain.)
Requests and Announcements
9. Announcements by City Manager
• Citizen Kudos
• Recognition of City employee actions
• New Departmental initiatives
No further announcements were provided.
10. Requests by Mayor and Councilmembers that items be placed on a future City Council
agenda.
Mayor Carpenter recognized Councilmember Azzoz who requested an executive session to
discuss the Animal Adoption Center, City Attorney Charles Zech suggested Mr. Azzoz get
with the City Secretary and put the issue on the agenda and then he will look at it to determine
whether it can be discussed in an open or closed session.
Councilmember Azzoz also requested a workshop for next week on how far are we willing to
continue in the (money) support of the Chamber of Commerce. They have grown from 30
members many years ago to now 300 plus members.
Mayor Carpenter requested the city secretary add his Code of Ethics workshop back on for
next week's agenda so he can finish his presentation.
11. 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
• Upcoming City Council agenda items
Mayor Carpenter recognized Mayor Pro -Tern Fowler who stated he attended the Chamber of
Commerce monthly luncheon meeting today.
Mayor Carpenter recognized Councilmember John who stated he had some good news today
and he hopes it becomes a reality. He was given an update on the sidewalks on FM 3009 by
the area engineer William Lockett who stated they will be doing preconstruction meetings on
November 5 and with weather permitting, possible construction beginning on November 16.
12. Information available in City Council Packets - NO DISCUSSION OCCURRED.
10 -20 -2015 Minutes Page -18 -
0 Status of Workshop on Pool Bond Language.
Adi ournment
Mayor Carpenter adjourned the meeting at 8:54 p.m.
ichael R. Carpenter, Mayor
Brerr PaDennis, City Secretary
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