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SCHERTZ CITY COUNCIL REGULAR SESSION MUNICIPAL COMPLEX COUNCIL CHAMBERS 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 10-13-09 Council Agenda AGENDA TUESDAY, OCTOBER 13, 2009
AT 6:30 P.M. REGULAR SESSION Call to Order Invocation and Pledges of Allegiance to the Flags of the United States and State of Texas. PRESENTATIONS • Proclamation Domestic Violence-Amy
Pruitt to accept • Certificates of Appreciation (James Sablan, Craig Andrews) 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 5 minutes. 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 existing policy in response to an inquiry, and/or a proposal to place
the item on a future agenda. The presiding officer, during the Hearing of Residents portion of the agenda, agenda, will call on those persons who have signed up to speak in the order
they have registered. Discussion and/or Action Items 1. Minutes -Consideration and/or action regarding the approval of the minutes of the Regular Meeting of September 29, 2009. 2. Library
Services Interlocal Agreement with Guadalupe County – Consideration and/or action approving Library Interlocal Agreement with Guadalupe County. (G. Douglas/M. Uhlhorn) 3. Ordinance No.
09-D-41 – Consideration and/or action approving Ordinance No. 09-D-41 revising Chapter 86 by adding Section 86-119, Maximum Limits in City Parks; providing a repealing clause and providing
an effective date. First Reading (G. Logan/C. VanZandt) 4. Resolution No. 09-R-48-STEP-Click it Or Ticket Grant-Consideration and/or action approving Resolution No. 09-R-48 for Texas
Traffic Safety Grant Agreement. (S. Starr)
5. Resolution No. 09-R-49-STEP 2010 Wave Speed Grant-Consideration and/or action approving Resolution No. 09-R-49 for Texas Traffic Safety Grant Agreement. (S. Starr) 6. Ordinance No.
09-S-40 – ZC2009-06 -Conduct a Public hearing and consideration and/or action approving an ordinance for a request to rezone approximately 50± acres of land from a combination of Manufacturing
District-Light (M-1) and General Business District (GB) to entirely Manufacturing District-Light (M-1). The property is more specifically described as a portion of the C.M Gahagan Survey
No. 258 Abstract No. 182 and of the J.F. Zepeda Survey No. 257 Abstract 685, generally located 565± feet north of the intersection of IH-35 and Schwab Road. (First and Final) (M. Sanchez/M.
Nichols) 7. Boards and Commission Alternates – Consideration and/or action appointing alternates to the various boards and commissions. (M. Spain) (Item requested by Councilmember Scagliola)
8. City Council Boards and Commissions and External Organizations – Discussion and consideration and/or action regarding the City Council’s roles and responsibilities on various Boards
and Commissions as well as external organizations. (Council) BOARD APPOINTMENTS 9. Appointment/Reappointment to Boards and Commissions/Committees – Consideration and/or action regarding
appointments/reappointments to Boards and Commission/Committees. EXECUTIVE SESSION Called under Section 551.071 Litigation, pending litigation; Section 551.072 Texas Government Code
-Deliberation regarding the purchase, exchange, sale, lease, or value of real property and Section 551.087 Deliberation regarding Economic Development Negotiations. RECONVENE TO REGULAR
SESSION 10. Take action deemed necessary as a result of the Executive Session. Requests and Announcements 11. Requests by Mayor and Councilmembers that items be placed on a future City
Council agenda. 12. Requests by Mayor and Councilmembers to City Manager and Staff for information. 13. Announcements by Mayor and Councilmembers • City and community events attended
and to be attended • City Council Committee and Liaison Assignments (see assignments below) 10-13-09 City Council Agenda Page -2 -
• 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
14. Announcements by City Manager • Recognition of City employee actions • New Departmental initiatives Adjournment CERTIFICATION I, BRENDA DENNIS, CITY SECRETARY OF THE CITY OF SCHERTZ,
TEXAS, DO HEREBY CERTIFY THAT THE ABOVE AGENDA WAS POSTED ON THE OFFICIAL BULLETIN BOARDS ON THIS THE 8th DAY OF OCTOBER 2009 AT 3:00 P.M., WHICH IS A PLACE READILY ACCESSIBLE TO THE
PUBLIC AT ALL TIMES AND THAT SAID NOTICE WAS POSTED IN ACCORDANCE WITH CHAPTER 551, TEXAS GOVERNMENT CODE. Brenda Dennis BRENDA DENNIS, TRMC, CMC CITY SECRETARY I CERTIFY THAT THE ATTACHED
NOTICE AND AGENDA OF ITEMS TO BE CONSIDERED BY THE CITY COUNCIL WAS REMOVED BY ME FROM THE OFFICIAL BULLETIN BOARD ON _____DAY OF _______________, 2009. ____________________________Title:____________
_____________ This facility is accessible in accordance with the Americans with Disabilities Act. Handicapped parking spaces are available. If you require special assistance or have
a request for sign interpretative services or other services please all 619-1030 at least 24 hours in advance of meeting COUNCIL COMMITTEE AND LIAISON ASSIGNMENTS Mayor Baldwin Liaison
-Schertz Seguin Local Government Corporation Liaison -Schertz Historical/Preservation Committee Interview Board for Boards and Commissions Investment Advisory Committee ASA Commuter
Rail District Board TBA Investment Advisory Committee Liaison – Animal Advisory Board Liaison -Schertz Chamber of Commerce Liaison -Board of Adjustment Audit Committee Interview Board
for Boards and Commissions Liaison – TIRZ II Board AACOG Advisory Committee AACOG Economic Development TML Board of Directors TML Municipal Revenue & Taxation Committee Mayor Pro-Tem
Fowler Liaison -Schertz Economic Development Corporation Liaison -Parks & Recreation Advisory Board Interview Board for Boards and Commissions Councilmember Carpenter Liaison -Library
Library Advisory Board Liaison -Planning and Zoning Commission Liaison -Schertz Youth Commission Liaison – TIRZ II Board Hal Baldwin Scholarship Committee 10-13-09 City Council Agenda
Page -3 -
10-13-09 City Council Agenda Page -4 -Councilmember Scagliola Liaison – Animal Advisory Board Liaison -Transportation Safety Advisory Commission Liaison -Schertz Humane Society Alternate
Interview Board for Boards and Commissions Liaison – Schertz Sweetheart Court Councilmember Trayhan Liaison -Schertz Housing Authority Audit Committee Hal Baldwin Scholarship Committee
Agenda No. 1 CITY COUNCIL MEMORANDUM City Council Meeting: October 13, 2009 Department: City Secretary Subject: Minutes BACKGROUND On September 29, 2009 a Regular City Council Meeting
was held at the Municipal Complex Council Chambers at 6:30 p.m., 1400 Schertz Parkway Building #4. FISCAL IMPACT None RECOMMENDATION Staff recommends Council approval of the September
29, 2009 minutes. ATTACHMENT Minutes 09-29-09
MINUTES REGULAR MEETING September 29, 2009 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on September 29, 2009 at 6:30 p.m., in the Municipal
Complex Council Chambers, 1400 Schertz Parkway, Building #4, Schertz, Texas. The following members present to-wit: Mayor Hal Baldwin Mayor Pro-Tem Jim Fowler Councilmember David Scagliola
Councilmember John Trayhan Councilmember Michael Carpenter Staff Present: City Manager Don Taylor Assistant City Manager John Bierschwale City Attorney Michael Spain City Secretary Brenda
Dennis CALL TO ORDER REGULAR MEETING Mayor Baldwin called the meeting to order at 6:30 p.m. INVOCATION AND PLEDGES OF ALLEGIANCE TO THE FLAGS OF THE UNITED STATES AND STATE OF TEXAS.
Mayor Pro-Tem Fowler gave the invocation followed by the Pledges of Allegiance to the Flags of the United States and State of Texas. PRESENTATIONS • 2009 SchertzFest update and report
(J. Bierschwale/C. Raleigh) Mayor Baldwin recognized Executive Assistant Cindy Raleigh who gave a a brief PowerPoint on the upcoming SchertzFest events. • Customer Service /Leadership
Presentation (J. Correu) Mayor Baldwin recognized Lieutenant John Correu who provided a PowerPoint presentation on upcoming Customer Service and Leadership training classes. PROCLAMATIONS
• Fire Prevention Week Mayor Baldwin recognized Fire Chief David Covington and presented him with a proclamation for Fire Prevention Week. HEARING OF RESIDENTS 9-29-09 Minutes
Mayor Baldwin recognized the following citizens: • Robert Brockman, 1000 Elbel Road who spoke on doors on the dumpster at the new Library, TxDot article regarding City’s mowing along
highway. 1. Presentation on City Projects – Presentation and consideration and/or action regarding the City Project Update and Status Report. (L. Dublin) Mayor Baldwin introduced City
Engineer Larry Dublin who gave a brief PowerPoint presentation outlining the status of existing city projects as well as upcoming projects answering questions from Council. This PowerPoint
presentation can be found on our city website at www.schertz.com under Departments/Public Works. 2. Minutes -Consideration and/or action regarding the approval of the minutes of the
Regular Meeting of September 22, 2009. Mayor Baldwin recognized Councilmember Carpenter who moved, seconded by Councilmember Trayhan to approve the minutes of the regular meeting of
September 22, 2009. Vote was unanimous. Motion Carried. 3. Ordinance No. 09-D-39 – Consideration and/or action approving an ordinance amending and revising Chapter 86, Section 86-41,
Stop Intersections Designated. Final Reading (L. Dublin/S. Willoughby) Mayor Baldwin recognized City Engineer Larry Dublin who introduced this item stating that nothing had changed since
first reading. Mayor Baldwin recognized Councilmember Trayhan who moved, seconded by Councilmember Scagliola to approve final reading of Ordinance No. 09-D-39. Vote was unanimous. Motion
Carried. 4. Cancelling the October 20, 2009 City Council Meeting – Consideration and/or action cancelling the October 20, 2009 City Council meeting to accommodate those traveling to
TML in Fort Worth. Mayor Baldwin introduced City Manager Don Taylor who stated that the majority of the council would be attending TML October 20, 2009 through October 23, 2009 in Fort
Worth. Mayor Baldwin recognized Councilmember Carpenter who moved, seconded by Councilmember Trayhan to approve canceling the October 20, 2009 City Council meeting. Vote was unanimous.
Motion Carried 9-9-29-09 Minutes Page -2 -
5. FY 2009-2010 Management Services Agreement with SSLGC – Consideration and/or action approving a Management Services Agreement with SSLGC. (A. Cockerell) Mayor Baldwin recognized SSLGC
General Manager Alan Cockerell who introduced this item answering questions from Council. Mayor Baldwin recognized Councilmember Carpenter who moved, seconded by Councilmember Scagliola
to approve the FY2009-2019 Management Services Agreement with SSLGC. Vote was unanimous. Motion Carried 6. Bid # 09-HR-29-S-01 Health Services – Consideration and/or action awarding
the Health Service contract as recommended by City Management and Human Resources Department. (D. Dykes/K. Lewinski) Mayor Baldwin recognized Human Resource Director Donna Dykes and
Assistant City Manager John Bierschwale who introduced this item answering questions from Council. Mayor Baldwin recognized Mayor Pro-Tem Fowler who moved, seconded by Councilmember
Scagliola to award Bid #09-HR-29-S Health Services in the amount of $1,434,338. Vote was unanimous. Motion Carried BOARD APPOINTMENTS 7. Appointment/Reappointment to Boards and Commissions/Committees
– Consideration and/or action regarding appointments/reappointments to Boards and Commission/Committees. Mayor Baldwin stated the interview committee met and their recommendations are
as follows: Planning and Zoning Commission: Reappointment of David Richmond, Cedric Edwards and Gary Wallace. Board of Adjustments: Appointment of Christopher Montgomery to voting member
and Richard Dziewit as alternate. Economic Development Commission: Reappointment of Roy Richards Jr., Tim Brown and appointment of Angelina Kiser. Transportation Safety Advisory Commission:
Appointment of Joey Bishop as alternate. Library Advisory Board: Appointment of Juan Thorn and Bobbie Boyce. Historical Preservation Committee: Appointment of Cynthia Palmer. 9-29-09
Minutes Page -3 -
Mayor Baldwin recognized Councilmember Scagliola who mentioned he thought there was another recommendation for TSAC and asked staff to look into this. Mayor Baldwin concurred and asked
that information be given to him Wednesday, September 30, 2009 and this be placed on the next agenda. Mayor Baldwin recognized Councilmember Trayhan who moved, seconded by Councilmember
Carpenter that based on the recommendations made by the Interview Committee he moves to approve their recommendations. Vote was unanimous. Motion Carried Mayor Baldwin adjourned into
executive session at 7:37 p.m. EXECUTIVE SESSION Called under Section 551.071 Litigation, pending litigation; Section 551.072 Texas Government Code -Deliberation regarding the purchase,
exchange, sale, lease, or value of real property and Section 551.087 Deliberation regarding Economic Development Negotiations. Mayor Baldwin reconvened into regular session at 8:28 p.m.
RECONVENE TO REGULAR SESSION 8. Take any other action deemed necessary as a result of the Executive Session. No action taken. Requests and Announcements 9. Requests by Mayor and Councilmembers
that items be placed on a future City Council agenda. Mayor Baldwin recognized Mayor Pro-Tem Fowler who requested each Councilmember look at the Council Committee and Liaison assignments
of former City Councilmember Wilenchik and see if they would be interested in servicing on them, and distribute them between the Council. Mayor Baldwin recognized Councilmember Carpenter
who requested an item be placed on the next agenda for discussion regarding the roll of Council being liaisons to the various committees. Councilmember Trayhan also wanted to include
discussion of also appointing Members of Council to the various Committees. The Mayor and Council concurred. 10. Requests by Mayor and Councilmembers to City Manager and Staff for information.
No requests given. 9-29-09 Minutes Page -4 -
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 Baldwin
recognized Councilmember Scagliola who announced the upcoming Sweetheart Banquet on Wednesday, September 30, 2009 at 6:00 p.m. Mayor Baldwin recognized Councilmember Carpenter who invited
everyone to attend the upcoming SchertzFest and make sure to visit the barbeque area that he would be providing samples. PROCLAMATIONS • National Night Out Mayor Baldwin read the National
Night Out proclamation and invited everyone one to come out and attend the various celebrations on October 6, 2009. 12. Announcements by City Manager • Recognition of City employee actions
• New Departmental initiatives Mayor Baldwin recognized Assistant City Manager David Harris who also reminded everyone of the Sweetheart Banquet Wednesday, September 30, 2009 at 6:00
p.m. at the Civic Center. Mayor Baldwin recognized Assistant City Manager John Bierschwale who announced that the Administration and Council meet at 5:45 Tuesday, October 6, 2009 in
front of the Administration building to divide into teams to visit the various National Night Out Celebrations. Mr. Bierschwale also announced that Maske Road Loop is still closed. ADJOURNMENT
As there was no further action, Mayor Baldwin adjourned the meeting at 8:42 p.m. ___________________________________ Hal Baldwin, Mayor 9-29-09 Minutes Page -5 -
9-29-09 Minutes Page -6 -ATTEST: _______________________________________ Brenda Dennis, TRMC, CMC City Secretary
Agenda No. 2 CITY COUNCIL MEMORANDUM/RESOLUTION City Council Meeting: October 13, 2009 Department: Library Subject: Public Library Interlocal Agreement (Guadalupe County) BACKGROUND
The Guadalupe County Interlocal Agreement for library services with the City of Schertz expired September 30, 2009. The Commissioners Court has voted to renew the agreement for FY 2009-10,
paying the City of Schertz a monthly sum of $15,067.91 (Fifteen Thousand, Sixty-Seven Dollars and 91 Cents) on the 15th day of each month following the effective date of this Agreement.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ: That the City Council approves the Guadalupe County-City of Schertz Public Library Interlocal Agreement. PASSED AND APPROVED
at a regular meeting of the City Council of the City of Schertz, Texas this 13th day of October, 2009, at which meeting a quorum was present, held in accordance with the provisions of
V.T.C.A., Government Code, §551.001 et seq. APPROVED _________________________ Hal Baldwin, Mayor Mayor ATTEST: ____________________________________ Brenda Dennis, TRMC, CMC City Secretary
ATTACHMENT 2009-10 Library Interlocal Agreement with County
STATE OF TEXAS § § 100-630-800.4945 COUNTY OF GUADALUPE § PUBLIC LIBRARY INTERLOCAL AGREEMENT BETWEEN GUADALUPE COUNTY AND THE CITY OF SCHERTZ This Public Library InterLocal Agreement,
effective as of the date of final execution (hereinafter referred to as “Agreement”), is between Guadalupe County (hereinafter referred to as “County”), Texas, and the City of Schertz,
(hereinafter referred to as “City”), Texas. WHEREAS, the City has an established public library and has for several years provided free public library services to all citizens of the
County residing in or near the City by informal agreement with the County; and WHEREAS, the County and the City have determined to enter into this Agreement relating to the provision
of free public library services (hereinafter referred to as “Library Services”), to the citizens of the County, and to set out the purposes, terms, rights, objectives, duties, and responsibilities
of the County and the City with respect thereto; and WHEREAS, the County and the City have determined that the provision of the Library Services is a public purpose and within their
statutory powers of government; and WHEREAS, the County and City are political subdivisions of the State of Texas, and are authorized to execute this Agreement pursuant to Texas Government
Code 791.001 et. seq. as amended, and Local Government Code Section 323, as amended (the “Act”). NOW, THEREFORE, the County and the City, acting by and through their duly authorized
officers, hereby covenant and agree as follows: I. Purpose 1. The City agrees that the established library of the City shall assume the functions of a county library within the County,
all as permitted by the Act. 2. The Librarian of the City’s established library holds a county librarian’s certificate from the Texas Library and Archives Commission, as required by
the Act. 3. All public library facilities, books, reading material, and other equipment in the possession of the City’s library shall be equally accessible to all residents of the County
during the term of this Agreement. 4. All public library facilities, books, reading material, and other equipment currently owned by the City of acquired for use in its established public
library during the term of this Agreement shall remain the property of the City. II. Term and Renewal This agreement shall be for a term commencing with effective date of this Agreement
through and including October 1, 2009 to September 30, 2010 (the “Initial Term”). This Agreement shall thereafter by automatically renewed for succeeding periods of one year (each, a
“Renewal Term”) unless either party to Page -1 -of Two Pages
Page -2 -of Two Pages this Agreement notifies the other party in writing that it wishes to terminate this Agreement. Such notice shall be provided not less than ninety (90) days prior
to the end of the Initial Term or any Renewal Term. III. Consideration 1. In consideration of the City’s provision of the Library Services during the Initial Term, the county agrees
to pay the City a monthly sum of $15,067.91 (Fifteen Thousand, Sixty Seven Dollars and 91 Cents) on the 15th day of each month following the effective date of this Agreement. 2. The
County and the City agree that the monthly amount payable by the County to the City shall be determined by good faith negotiations between the County and City and that such amount shall
be determined not less than thirty (30) days before the end of the Initial Term and each Renewal Term. IV. Authorization The governing bodies of the County and the City have duly authorized
this Agreement. V. Severability If any portion of this Agreement shall be declared illegal or held held unenforceable for any reason, for remaining portions hereof shall continue in
full force and effect. VI. Amendments This agreement represents the complete understanding of the County and the City with respect to the matters described herein, and this Agreement
may not be amended or altered without the written consent of both parties. IN WITNESS WHEREOF, the undersigned have entered into the Public Library InterLocal Agreement, effective as
stated herein. GUADALUPE COUNTY, TEXAS ATTEST By: ____________________________ By: ____________________________ Mike Wiggins Teresa Kiel Guadalupe County Judge Guadalupe County Clerk
Date:___________________________ CITY OF SCHERTZ, TEXAS ATTEST By: ____________________________ By: ____________________________ Hal Baldwin Mayor City Secretary Date:___________________________
Agenda No. 3 CITY COUNCIL MEMORANDUM City Council Meeting: October 13, 2009 Department: Parks, Recreation and Community Services Subject: Ordinance No. 09-D-41 -Consider an ordinance
amendment relating to the establishment of uniform park road speed limits BACKGROUND The City of Schertz recently entered into an Interlocal Agreement with Bexar County to acquire/manage
Crescent Bend Nature Park. Part of that management plan includes the establishment of a speed limit on the park roads within the confines of the park perimeter. Staff has conducted a
survey of other, similar park road speed limits in other cities including Landa Park in New Braunfels, Starke Park in Seguin, Zilker Park in Austin, and Brackenridge Park in San Antonio.
In each case, the park road speed limit (where it is not a public thoroughfare) is 15 mph. This ordinance amendment will establish a uniform park road speed limit of 15 mph for all existing
and future park roads within the City of Schertz parks system. FISCAL IMPACT Negligible as this information will be included as part of the park signage package. RECOMMENDATION Staff
recommends approval. ATTACHMENT Ordinance No. 09-D-41 Attachments:
ORDINANCE NO. 09-D-41 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS PROVIDING THAT THE CODE OF ORDINANCES OF THE CITY OF SCHERTZ, TEXAS BE AMENDED BY REVISING CHAPTER
86 BY ADDING SECTION 86-119, MAXIMUM LIMITS IN CITY PARKS; PROVIDING A REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS:
SECTION I Chapter 86 of the Code of Ordinances, City of Schertz, Texas is hereby amended to add the following: “Sec. 86-119. Maximum Limits in City Parks. The speed limit on all internal
streets and roads in City of Schertz parks shall be 15 mph, and it shall be unlawful for any person to drive or operate any motor vehicle at a rate in excess of such speed on any internal
street or road in any City of Schertz park. The Department of Public Works is authorized to post appropriate speed limit signs on internal streets and roads in City of Schertz parks.”
SECTION II All ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed. SECTION III This Ordinance shall be effective on final passage and any publication
provided by law. APPROVED on first reading the 13th day of October 2009. PASSED, APPROVED AND ADOPTED this the _____ day of __________, 2009. Mayor, City of Schertz, Texas ATTEST: City
Secretary, City of Schertz Ordinance 09-D-41.doc
Agenda No. 4 CITY COUNCIL MEMORANDUM City Council Meeting: October 13, 2009 Department: Police Subject: Resolution No. 09-R-48 -Egrants Click-it Or Ticket BACKGROUND In order to promote
use of seatbelts and compliance with speed limit regulations, it is the intention of the City to enter into a contract with the Texas Department of Transportation for a selective Traffic
Enforcement Program. The resolution authorizes the City Manager or is designee to enter into a contract with the Texas Department of Transportation for a selective Texas Traffic Safety
eGrants Project Title Step “Click it or Ticket” for the period of October 1, 2009 through September 30, 2010. FISCAL IMPACT None RECOMMENDATION Staff recommends approval. ATTACHMENT
Resolution No. 09-R-48 Egrant
RESOLUTION NO. 09-R-48 BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE CITY MANAGER AND/OR DESIGNEE TO ENTER INTO A CONTRACT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION
FOR A SELECTIVE TEXAS TRAFFIC SAFETY eGRANTS PROJECT TITLE STEP “CLICK IT OR TICKET” FOR THE PERIOD OF OCTOBER 1, 2009 THROUGH SEPTEMBER 30, 2010. WHEREAS, in order to promote use of
seatbelts and compliance with speed limit regulations, it is the intention of the City of Schertz to enter into a contract with the Texas Department of Transportation for a Selective
Traffic Enforcement Program; and WHEREAS, the Schertz Police Department has determined that a Selective Traffic Enforcement Program should be executed in the City of Schertz in order
to increase seatbelt use and to ensure compliance with speed limit regulations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: THAT, the City Council
of Schertz hereby approves of this program and its benefits for the citizens of Schertz and authorizes a contract with the Texas Department of Transportation to conduct Selective Traffic
Programs during the period October 1, 2009 through September 30, 2010. FURTHER, that the City Manager and/or Designee of the City of Schertz is hereby authorized and directed to execute
the necessary forms, applications and legal documents as may be required in order to finalize the grant and contract. PASSED, APPROVED AND ADOPTED this_____day of_____________, 2009
___________________________________ Mayor, Schertz, Texas ATTEST: ________________________________ City Secretary, Schertz, Texas
Agenda No. 5 CITY COUNCIL MEMORANDUM City Council Meeting: October 13, 2009 Department: Police Subject: Resolution No. 09-R-49 – Step-2010 Wave Speed Program BACKGROUND In order to promote
compliance with speed limit regulations, it is the intention of the City to enter into a contract with the Texas Department of Transportation for a selective Traffic Step 2010 Wave Speed
Program for the period of October 1, 2009 through September 30, 2010. The resolution authorizes the City Manager or is designee to enter into a contract with the Texas Department of
Transportation for a selective Texas Traffic Enforcement Program in order to increase compliance with speed limit regulations. FISCAL IMPACT None RECOMMENDATION Staff recommends approval.
ATTACHMENT Resolution No. 09-R-49 Step-2010 Contract
RESOLUTION NO. 09-R-49 BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE CITY MANAGER AND/OR DESIGNEE TO ENTER INTO A CONTRACT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION
FOR A SELECTIVE TEXAS TRAFFIC STEP-2010 WAVE SPEED PROGRAM FOR THE PERIOD OF OCTOBER 1, 2009 THROUGH SEPTEMBER 30, 2010. WHEREAS, in order to promote compliance with speed limit regulations,
it is the intention of the City of Schertz to enter into contract with the Texas Department of Transportation for a Selective Traffic Enforcement Program; and WHEREAS, the Schertz
Police Department has determined that a Selective Traffic Enforcement Program should be executed in the City of Schertz in order to increase compliance with speed limit regulations.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: THAT, the City Council of Schertz hereby approves of this program and its benefits for the citizens
of Schertz and authorizes a contract with the Texas Department of Transportation to conduct Selective Texas Step -2010 Wave Speed Programs during the period October 1, 2009 through September
30, 2010. FURTHER, that the City Manager and/or Designee of the City of Schertz is hereby authorized and directed to execute the necessary forms, applications and legal documents as
may be required in order to finalize the grant and contract. PASSED, APPROVED AND ADOPTED this_____day of_____________, 2009 ___________________________________ Mayor, Schertz, Texas
ATTEST: ________________________________ City Secretary, Schertz, Texas
Agenda No. 6 CITY COUNCIL MEMORANDUM City Council Meeting: October 13, 2009 Department: Planning Subject: Ordinance No. 09-S-40 Rezone of approximately 50+ acres (First and Final Reading)
BACKGROUND The City Manager has recommended rezoning an approximately 50 acre tract of land adjacent to the Lack’s facility from a combination of M-1 and GB to entirely M-1 FISCAL IMPACT
None RECOMMENDATION Adoption of Ordinance No. 09-S-40 ATTACHMENT Ordinance No. 09-S-40 CCM Ordn 09-S-40.doc
ORDINANCE NO. 09-S-40 BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE OFFICIAL ZONING MAP ORDINANCE 07-S-40 BY REZONING APPROXIMATELY 50± ACRES OF LAND FROM A COMBINATION
OF MANUFACTURING DISTRICT-LIGHT (M-1) AND GENERAL BUSINESS DISTRICT (GB) TO ENTIRELY MANUFACTURING DISTRICT-LIGHT (M-1), THE PROPERTY BEING MORE SPECIFICALLY DESCRIBED AS A PORTION OF
THE C.M GAHAGAN SURVEY NO. 258 ABSTRACT NO. 182 AND OF THE J.F. ZEPEDA SURVEY NO. 257 ABSTRACT 685, GENERALLY LOCATED 565± FEET NORTH OF THE INTERSECTION OF IH-35 AND SCHWAB ROAD; PROVIDING
A REVERSION PROVISION; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE AND DECLARING AN EMERGENCY WHEREAS,
pursuant to the Unified Development Code, the City Manager has requested the rezoning of approximately 50± acres of land described by metes and bounds and a map in Exhibit 1 attached
hereto and incorporated herein by reference (the “Property”) from a combination of Manufacturing District-Light (M-1) and General Business (GB) to entirely Manufacturing District-Light
(M-1); WHEREAS, all required notices have been provided; WHEREAS, on October 13, 2009, the Planning and Zoning Commission conducted a public hearing and determined that this request
is in the interest of public safety, health, and welfare and recommended approval of the requested zoning classification for the entire Property of Manufacturing District-Light (M-1);
WHEREAS, on October 13, 2009, the City Council conducted a public hearing and determined that this request is in the interest of public safety, health, and welfare; NOW, THEREFORE, BE
IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: SECTION I The Property is hereby zoned in its entirety as Manufacturing District-Light (M-1). SECTION II The Official
Zoning Map (Ordinance 07-S-40) of the City of Schertz described and referred to in Article 2 of the Unified Development Code shall be changed to reflect the above zoning amendment. Ordinance
09-S-40.d
ocSECTION III The City Council anticipates that a facility for the conduct of regional business operations described on Exhibit 2 will be constructed and established on the Property
(the “Anticipated Operations”). If the City Manager or his designee shall certify to the City Council that a complete preliminary site plan application describing a facility on the Property
compatible with the Anticipated Operations has not been filed with the City by June 30, 2010, the actions authorized in Section I and Section II of this Ordinance shall be repealed and
shall be void, and the zoning classification of the Property shall revert to the zoning classifications in effect immediately prior to adoption of this Ordinance. SECTION IV This Ordinance
shall be cumulative of all other ordinances of the City of Schertz, and this Ordinance shall not operate to repeal or affect any other ordinances of the City of Schertz except insofar
as the provisions thereof might be inconsistent or in conflict with the provisions of this Ordinance, in which event such conflicting provisions, if any, are hereby repealed. SECTION
V The sections, paragraphs, sentences, clauses, and phrases of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared
unconstitutional, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance, since the same would
have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional or invalid phrase, clause, sentence, paragraph or section. SECTION VI Any
person, firm, association of persons, corporation or other organization violating the provisions of this Ordinance with respect to use of the Property in a manner not permitted by the
authorized zoning classification shall be deemed to be guilty of a misdemeanor and, upon conviction, shall be fined an amount not to exceed $2,000.00. Each day that a violation continues
shall be deemed as a separate offense. SECTION VII Pursuant to Section 4.09(e) of the City Charter, by vote of not less than two-thirds of the members of the City Council present at
the meeting at which this Ordinance was first considered, the City Council has determined that an emergency exists which requires immediate action, and this Ordinance is hereby adopted
on a single reading and shall be effective upon the date hereof and any publication required by law. Ordinance 09-S-40.doc -2-
Ordinance 09-S-40.doc -3-PASSED, APPROVED, AND ADOPTED on first and final reading this 13th day of October, 2009. Mayor, City of Schertz, Texas (SEAL OF THE CITY) ATTEST: City Secretary,
City of Schertz, Texas
THE ANTICIPATED OPERATIONS GENERAL FACILITY DESCRIPTION The proposed new facility will consist of warehouse space, two-story offices, a truck maintenance building, truck docks and truck/auto
paving. The construction is proposed to be structural steel frame with lightweight insulated wall panels. The truck docks and exterior office walls will be concrete. The exterior warehouse
walls will be insulated metal panels. The approximate cost of the new facility is $50,000,000. GENERAL BUSINESS OPERATIONS DESCRIPTION The facility will be a warehouse and distribution
center for consumer products. It will be owned and operated by a Fortune 500 company and employ approximately 400 employees. It is expected that 150 trucks having one round-trip per
day will service the facility. Ordinance 09-S-40.doc EXHIBIT 2
Agenda No. 7 CITY COUNCIL MEMORANDUM City Council Meeting: October 13, 2009 Department: City Attorney Subject: Board and Commission Alternates BACKGROUND The City Attorney will present
a report on the appointment of alternate members to various City Boards and Commissions. FISCAL IMPACT None RECOMMENDATION To be presented at the meeting. ATTACHMENT To be presented
at the meeting. CCM Item No. 6.doc
Agenda No. 8 CITY COUNCIL MEMORANDUM City Council Meeting: October 13, 2009 Department: City Council Subject: City Council Boards and Commissions and External Organization BACKGROUND
Council will discuss City Council’s roles and responsibilities on the various Boards and Commissions as well as external organization. FISCAL IMPACT None RECOMMENDATION Council to make
Recommendations ATTACHMENT CC Item No. 8
Agenda No. 9 CITY COUNCIL MEMORANDUM City Council Meeting: October 13, 2009 Department: City Council Subject: Boards and Commissions Appointments/reappointments BACKGROUND The City Council
will consider action regarding the appointment/reappointment of boards and commission members. FISCAL IMPACT None RECOMMENDATION It is recommended that the City Council make appointments
from the submitted applications. ATTACHMENTS Applications: Deborah Stone -TSAC