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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. 10 -20 -2015 Minutes Page - 1 - 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. 10 -20 -2015 Minutes Page - 2 - 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. 10 -20 -2015 Minutes Page - 3 - 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 10 -20 -2015 Minutes Page - 4 - 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 10 -20 -2015 Minutes Page - 5 - 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). 10 -20 -2015 Minutes Page - 6 - 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 .10 -20 -2015 Minutes Page - 7 - 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 10 -20 -2015 Minutes Page - 8 - ❑ 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. 10 -20 -2015 Minutes Page - 9 - 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: 10 -20 -2015 Minutes Page - 10 - 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 10 -20 -2015 Minutes Page - 11 - • 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 10 -20 -2015 Minutes Page -12 - 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 10 -20 -2015 Minutes Page -13 - 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. 10 -20 -2015 Minutes Page - 14 - 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 10 -20 -2015 Minutes Page -19 -