08-26-2008 AgendaSCHERTZ CITY COUNCIL BUDGET MUNICIPA 1400 SCHERTZ WORKSHOP AND REGULAR SESSION L COMPLEX COUNCIL CHAMBERS PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 8-26-08 Council Agenda AGENDA TUESDAY,
AUGUST 26, 2008 AT 5:00 P.M. BUDGET WORKSHOP MEETING Municipal Complex Council Chambers 5:00 P. M. CALL TO ORDER: WELCOME /OVERVIEW: 1. Presentation and discussion of the FY 2008/2009
Budget. (Staff) ADJOURNMENT WORKSHOP: REGULAR SESSION CALL TO ORDER: INVOCATION AND PLEDGES OF ALLEGIANCE TO THE FLAGS OF THE UNITED STATES AND STATE OF TEXAS. PRESENTATION • Proclamation
for National Payroll Week (Cecilia Settle) • Explorers Post (D. Covington) 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. 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 reg?istered. ANNOUNCEMENTS • General Announcements on meetings/events attended and upcoming
events (Council) • General Announcements on meetings/events attended and upcoming events (Mayor)
REGULAR AGENDA 1. Minutes -Consideration and/or action regarding the approval of the minutes of the Workshop and Regular Meeting of August 19, 2008. 2. Resolution No. 08-R-43 – Consideration
and/or action approving a resolution designating a particular area, particular dates and times for which alcoholic beverages may not be brought into or removed from Pickrell Park, authorizing
extension of park hours, extension of noise hours and authorizing other motorized vehicles in park areas. (G. Logan) 3. Board of Trustee Election – Consideration and/or action regarding
the Texas Municipal League Intergovernmental Risk Pool Board of Trustees Election. (D. Taylor) 4. Ordinance No. 08-M-42 -Consideration and/or action approving an ordinance establishing
a Marshal Department. First Reading (J. Bierschwale) ANNOUNCEMENTS – CITY MANAGER AND STAFF • General Announcements on meetings/events attended and upcoming events 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.
RECONVENE TO REGULAR SESSION 5. Take any action deemed necessary as a result of the Executive Session. 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 21st DAY OF AUGUST, 2008 AT 12:30 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 _______________, 2008. ____________________________Title:____________
_____________ 8-26-08 City Council Agenda Page -2 -
8-26-08 City Council Agenda Page -3 -c . 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 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 Mayor Pro-Tem Wilenchik Investment Advisory Committee Liaison -Schertz Chamber of Commerce Liaison -Board of Adjustments 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 Councilmember Fowler Liaison
-Schertz Economic Development Corporation Liaison -Parks & Recreation Advisory Board Interview Board for the Boards and Commissions Councilmember Carpenter Liaison -Library Advisory
Board Liaison -Planning and Zoning Commission Liaison -50th Year Anniversary Committee Liaison -Schertz Youth Commission Liaison – TIRZ II Board Councilmember Scagliola 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
Agenda No. 1 CITY COUNCIL MEMORANDUM City Council Meeting: August 26, 2008 Department: Administration Subject: Minutes BACKGROUND On August 19, 2008 a Workshop and Regular City Council
Meeting was held at the Municipal Complex Council Chambers at 5:00 p.m., 1400 Schertz Parkway Building #4. FISCAL IMPACT None RECOMMENDATION Staff recommends Council approval of the
August 19, 2008 minutes. ATTACHMENT Minutes 8/19/08
City Council Regular Meeting August 19, 2008 239 MINUTES WORKSHOP AND REGULAR MEETING August 19, 2008 A Workshop and Regular Meeting was held by the Schertz City Council of the City
of Schertz, Texas, on August 19, 2008 at 5:00 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 Tony Wilenchik Council Member Jim Fowler Council Member David Scagliola Council Member John Trayhan Council Member Michael Carpenter Staff Present: City
Manager Don Taylor Assistant City Manager John Bierschwale Assistant City Manager David Harris Deputy City Secretary Mary Ybarra City Attorney Michael Spain City Secretary Brenda Dennis
CALL TO ORDER: WELCOME /OVERVIEW: 1. Presentation and discussion of the FY 2008/2009 Budget. (Staff) Mayor Baldwin called the Workshop to order at 5:00 p.m. Mayor Baldwin introduced
Assistant City Manager David Harris who continued the Power Point presentation going over the following: • Summary of General Fund Requests -Capital requests funded and unfunded (each
department) Staff Members addressed Council answering questions and concerns regarding their respective budgets. ADJOURNMENT WORKSHOP: Mayor Baldwin adjourned the workshop at 6:30 p.m.
and stated that tbudget presentation would continue at the regular meeting. CALL TO ORDER REGULAR MEETING Mayor Baldwin called the meeting to order at 6:32 p.m. and asked that Assistant
City Manager David Harris continue presentation which covered the following: • Fees -Drainage -Sewer
City Council Regular Meeting August 19, 2008 240 -Water -Garbage -Other Mayor Baldwin introduced Assistant City Manager John Bierschwale who introduced a Power Point presentation going
over the following: • Creation of Marshal position. INVOCATION AND PLEDGES OF ALLEGIANCE TO THE FLAGS OF THE UNITED STATES AND STATE OF TEXAS. Council Member Fowler gave the Invocation
followed by the Pledges of Allegiance to the Flags of the United States and State of Texas. HEARING OF RESIDENTS Mayor Baldwin recognized the following: • Robert Brockman, 1000 Elbel,
inquired on stock trailer status; Bexar Waste dumpster list; and mentioned having attended a banking meeting hosted by Schertz Bank and Trust regarding FDIC issues. Council General Announcements:
Mayor Pro-Tem Wilenchik • Mentioned having attended the Schertz Chamber Board of Directors meeting, where discussion took place on chamber events such as the Festival of Angels and the
4th of July Jubilee which will be coming back to the City. He also thanked everyone for for well wishes on his recent surgery. Council Member Fowler • Attended ribbon cutting for Embroid-Me
on Friday, August 15, 2008. Council Member Scagliola • Mentioned that he also attended ribbon cutting for Embroid-Me, and the committee of the Schertz Sweetheart Court where discussion
took place on forthcoming by-laws. Mentioned the days (Tuesday and Friday) the Framers Market is set up at the park. Council Member Trayhan • None. Council Member Carpenter • Apologized
for arriving late, he had a family emergency. Arrived at 6:30 p.m.
City Council Regular Meeting August 19, 2008 241 REGULAR AGENDA 1. Minutes -Consideration and/or action regarding the approval of the minutes of the Workshop and Regular Meeting of August
12, 2008. Mayor Baldwin recognized Council Member Trayhan who moved, seconded by Council Member Fowler to approve the minutes of August 12, 2008 as presented. Vote was unanimous. Motion
Carried 2. Ordinance No. 08-D-41 – Consideration and/or action approving an ordinance amending Section 86-118 of the Schertz Code of Ordinances revising maximum limits on specific streets
and providing a repealing clause. (John A. Sippel Elementary) Final Reading (M. Harris) Mayor Baldwin recognized Police Department Lieutenant Michael Harris who introduced this item
stating no changes had been made since first reading. Mayor Baldwin recognized Council Member Carpenter who moved, seconded by Council Member Trayhan to approve Ordinance 08-D-41 final
reading. Vote was unanimous. Motion Carried DISCUSSION AND POSSIBLE ACTION 3. Austin-San Antonio Commuter Rail District – Discussion and possible action regarding funding the $50,000
for Membership in the Austin-San Antonio Commuter Rail District. (G. Antuna) Mayor Baldwin recognized Economic Development Director George Antuna who introduced this item answering questions
from Council. Discussion followed by Council Members covering areas of concern. Mayor Baldwin recognized Council Member Scagliola who moved, seconded by Council Member Fowler to continue
funding (from Economic Development Corp.) the $50,000 for Membership in the Austin-San Antonio Commuter Rail District. Vote was 4 to1, with Council Member Carpenter voting no. Motion
Carried. ANNOUNCEMENTS – CITY MANAGER AND STAFF • General Announcements on meetings/events attended and upcoming events Mayor Baldwin recognized City Manager Don Taylor who mentioned
he would be bringing forward an item regarding election ballot for Texas Municipal League Risk Pool Board of Directors at next meeting.
City Council Regular Meeting August 19, 2008 242 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. Mayor Baldwin adjourned the regular meeting into Executive Session at 7:37 p.m. RECONVENE TO REGULAR SESSION Mayor Baldwin
reconvened into regular session at 8:25 p.m. 4. Take any action deemed necessary as a result of the Executive Session. No action taken. ADJOURNMENT As there was no further action, Mayor
Baldwin adjourned the meeting at 8:26 p.m. ______________________________ Hal Baldwin, Mayor ATTEST: _____________________________________ Mary Ybarra, Deputy City Secretary
Agenda No. 2 CITY COUNCIL MEMORANDUM City Council Meeting: August 26, 2008 Department: Parks Subject: Resolution No. 08-R-43 -Schertz Fest Regulations BACKGROUND The first Annual Schertzfest
Celebration is a community event that in the past was called the “Party-in-the-Park”. This event was held in honor of Steve Simonson and led by the Steve Simonson Foundation, for ALS.
The Event this year will be held by the Schertz Parks and Recreation Foundation. The 2008 event will be held during the dates of September 25–27, 2008. This resolution is considered
for holding the First Annual Schertzfest shared by the City of Schertz and the Schertz Parks and Recreation Foundation. FISCAL IMPACT None RECOMMENDATION Recommend approval of resolution
No. 08-R-43 ATTACHMENT Resolution No. 08-R-43
RESOLUTION NO. 08-R-43 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, DESIGNATING PARTICULAR AREAS, PARTICULAR DATES, AND PARTICULAR TIMES RELATED TO CURFEW HOURS, NOISE
RESTRICTIONS, ALCOHOLIC BEVERAGES, AND PARKING DURING SCHERTZ FEST 2008 WHEREAS, it is the desire of the City Council to comply with Chapter 54 (Nuisances), Section 54.20 and Chapter
58 (Parks and Recreation), Sections 58.2, 58.3 and 58.6 of Code of Ordinances, City of Schertz, Texas; and WHEREAS, Chapter 54, Section 54.20 provides that playing of musical instruments,
etc. and utilizing amplifiers in a manner or with some volume as described in such Section, particularly after 10:00 p.m. is declared to be a noise nuisance; and WHEREAS, Chapter 58,
Section 58.2 provides that the City Council may designate particular parks and recreation areas and designate particular dates and particular times to which the general curfew provisions
of this Section shall not apply; and WHEREAS, Chapter 58, Section 58.3 provides that the City Council may designate particular dates and times when alcoholic beverages may not be brought
into or removed from particular parks or recreation areas; and WHEREAS, Chapter 58, Section 58.6 provides that the City Council may designate parks and recreation areas in which the
parking of motorized vehicles is permitted; and WHEREAS, the provisions of this Resolution are hereby determined to be in the best interest of the citizens attending the “Schertz Fest”,
September 25-27, 2008; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. The area shown on Exhibit A is hereby designated for “Schertz Fest”
2008 and is so designated from 8:00 a.m. on September 25, 2008 through midnight on September 27, 2008. Section 2. In the designated location and during the period described in Section
1, the noise restrictions of Chapter 54, Section 54.20 shall not apply. Section 3. In the designated location and during the period described in Section 1, no alcoholic beverages may
be brought in such area by any persons, other than the Schertz Parks and Recreation Foundation or vendors authorized by the Schertz Parks and Recreation Foundation to sell beer and wine
during such event. 50093711.1
50093711.1 2 Section 4. In the designated location and during the period described in Section 1, the parking of motorized vehicles shall be permitted in areas designated by the Schertz
Chamber of Commerce (by contract with the City of Schertz) and approved by the Schertz Police Department. Section 5. This Resolution shall be effective upon its adoption. PASSED, APPROVED
AND ADOPTED this the 26th day of August, 2008. Mayor, Hal Baldwin City of Schertz, Texas ATTEST: ______________________________ City Secretary, City of Schertz
EXHIBIT A 50093711.1 A-1
Agenda No. 3 CITY COUNCIL MEMORANDUM City Council Meeting: August 26, 2008 Department: Administration Subject: Board of Trustee Election BACKGROUND On August 15, 2008 the City received
an “Official Ballot” from the Texas Municipal League Intergovernmental Risk Pool Board of Trustee Election. As the City of Schertz is a member of the TML Risk Pool, we are entitled to
vote for Board of Trustee members. Names of officials listed on the ballot have been nominated to serve a six-year term on TML Intergovernmental Risk Pool Board of Trustees. Ballots
must be received no later than September 30, 2008 in order to be counted. FISCAL IMPACT None RECOMMENDATION Staff recommends Mr. John Mitchiner from Galveston County
Agenda No. 4 CITY COUNCIL MEMORANDUM City Council Meeting: August 26, 2008 Department: Administration Subject: Ordinance No. O8-M-42 – Creating the Position of City Marshal (First Reading)
BACKGROUND As discussed at the City Council Budget Workshop meeting on August 19, 2008 Management proposed the City Council consider creating the position of City Marshal. The position
of City Marshal of the City of Schertz, to be filled by the qualified person(s) appointed and administered by the City Manager or his/her designee. The City Marshal shall meet all qualifications
necessary to be certified as a peace officer by the State of Texas. The City Marshal may appoint qualified persons as Deputy City Marshals, and non-commissioned Deputies with the consent
of the City Manager or his/her designee. The City Marshal acting under the direction of the City Manager or his/her designee shall perform the following duties: (a) Execute warrants
of arrest, subpoenas and other legal process issuing out of the City’s Municipal Court. (b) Execute other warrants of arrest, subpoenas and legal process as determined by the City’s
Municipal Court Judge(s); and (c) Serve as court bailiffs in the City’s Municipal Court; (d) Perform such other duties necessary to the proper functioning of this office. (e) Oversee
daily operations of all Emergency Dispatch City’s Communications Division (formerly PD Dispatch) and 911; (f) Ensure that the City meets objectives and compliance with directives set
out in the National Incident Management System/Department of Homeland Security. (g) Enforce Texas Environmental State Laws, which includes: Texas Health & Safety Code, Texas Litter Abatement
Act, Texas Water Code, (include Code Enforcement) and others created/adopted by the State of Texas. (h) Oversee programs and duties of Reserve/non-commissioned Deputies. (i) Enforce
other City Ordinances. The City Marshal and his/her Deputies shall be required to take an oath of office before entering upon the discharge of duties. The oath shall be subscribed by
the the person taking it and shall be filed and preserved in the office of the City Secretary.
City Council Memorandum Page 2 The City is hereby authorized to make application to the Texas Commission on Law Enforcement Standards and Education to serve as license holder for the
City Marshal and any and all his/her Deputy Marshals and to take other actions necessary to create the positions. FISCAL IMPACT None RECOMMENDATION Staff recommends City Council approve
Ordinance No. 08-M-42 creating the City Marshal Position on first reading. ATTACHMENT Will be forwarded shortly