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12-16-2008 AgendaSCHERTZ CITY COUNCIL REGULAR SESSION MUNICIPAL COMPLEX COUNCIL CHAMBERS 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 REGULAR AGENDA TUESDAY, DECEMBER 16, 2008 Regular Session 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. PRESENTATION • Presentation and awards presented by the Schertz Chamber of Commerce on the Festival of Angels Christmas Light winners. (F. Rushing) 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 porti?on of the agenda, will call on those persons who have signed up to speak in the order they have registered. REGULAR AGENDA 1. Minutes -Consideration and/or action regarding the approval of the minutes of the Regular Meeting of December 9, 2008. 2. Utility Billing Write-Off – Consideration and/or action approving the Utility Billing Write-off. (K. Garcia) 3. Ordinance No. 08-M-51 – Consideration and/or action amending and revising Ordinance 05-M-02 revising number of members and revising the Transportation Safety Advisory Commission (TSAC) Ordinance, By-Laws and Board Member Appointments Final reading (M. Spain) 12-16-08 Council Agenda 4. Ordinance No. 08-D-53 – Consideration and/or action approving an ordinance for designated stop intersections for through street, Cross-or Stop Street, Lookout Road, Enterprise (East Side) Verde Parkway/Enterprise (East Side) Final Reading (L. Dublin) 5. Ordinance No. 08-D-54 – Consideration and/or action approving an ordinance setting speed limits on Lookout Road and Verde Parkway. Final Reading (L. Dublin) 6. Discussion regarding Composition of Minutes -Retention Schedule Amendment – Consideration and/or action approving an amendment to the City of Schertz Retention schedule filed on March 11, 2008. (B. Dennis) DISCUSSION AND POSSIBLE ACTION 7. Consideration and or action on questions and possible items to be placed on the next agenda. (Mayor/City Council) 8. Announcements by City Council Members, Mayor and City Manager: • Mayor Pro-Tem Carpenter – Alamo Chapter of Texas Municipal Clerks Association Luncheon held Friday, December 12, 2008 City of Schertz. • Councilmember Wilenchik -Alamo Chapter of Texas Municipal Clerks Association Luncheon held Friday, December 12, 2008 City of Schertz. 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 11TH DAY OF DECEMBER, 2008 AT 11:30 A.M., WHICH IS A PLACE READILY ACCESSIBLE TO THE PUBLIC AT ALL TIMES AND THAT SAID NOTICE WAS POSTED IN ACCORDANCE WITH CHAPTER 551, TEXAS GOVERNMENT CODE. 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:__________________________ This facility is accessible in accordance with the Americans with Disabilities Act. Handicapped parking spaces are available. If you require special assistance or have a request for sign interpretative services or other services please call 619-1030 at least 24 hours in advance of meeting. 12-16-08 City Council Agenda Page -2 - 12-16-08 City Council Agenda Page -3 -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 Councilmember 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 Mayor Pro-Tem 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 PRESENTATION AND AWARD WINNERS FESTIVAL OF ANGELS CHRISTMAS LIGHT WINNERS City Council Meeting: December 16, 2008 Department: Chamber of Commerce Subject: Award winners BACKGROUND The following is a list of the criteria and changes to previous years: • It was determined by the City and Chamber this year that no gated communities would be judged The categories were changed to the following: • Most Creative (Use of Decorations) • Illumination (Use of Lights) • Overall Appearance (The Wow Factor) These changes were agreed upon buy the City's EDC Department and the Schertz Chamber of Commerce. The Schertz Chamber of Commerce judged the contest, Schertz EDC will make the presentations. • Nine finalists will be chosen. Out of those nine finalists, three winners will be chosen in each category • The nine finalists will have signs placed in their yards by Schertz EDC on Monday, December 15th • Trophies will be awarded at City Council on Tuesday, December 16th by EDC. Agenda No. 1 CITY COUNCIL MEMORANDUM City Council Meeting: December 16, 2008 Department: Administration Subject: Minutes BACKGROUND On December 9, 2008 Regular City Council Meeting were 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 December 9, 2008 minutes. ATTACHMENT Minutes 12/9/08 City Council Regular Meeting December 9, 2008 305 MINUTES REGULAR MEETING December 9, 2008 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on December 9, 2008 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 Pro-Tem Michael Carpenter Councilmember Jim Fowler Councilmember David Scagliola Councilmember John Trayhan Councilmember Tony Wilenchik Staff Present: Assistant City Manager Bierschwale Assistant City Manager David Harris Deputy Secretary Mary Ybarra Mayor Baldwin and City Manager Taylor were absent. CALL TO ORDER REGULAR MEETING Mayor Pro-Tem Carpenter 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. Councilmember Fowler gave the Invocation followed by the Pledges of Allegiance to the Flags of the United States and State of Texas. PRESENTATIONS • Parks & Recreation and Animal Services Manager Introductions/Promotions/New Employee Presentation (G. Logan) Mayor Pro-Tem Carpenter recognized Parks and Recreation Director George Logan who introduced and read short biographies on newly promoted Mike Trainor to Parks Manager, and new employees Chris Steir and Domingo Munoz. Mr. Logan also introduced new Animal Services Manager Chris Lewis. HEARING OF RESIDENTS Mayor Pro-Tem Carpenter recognized the following: • Frances Rushing, Schertz Chamber President spoke on the following: • Ribbon cutting, December 18, 2008, 10:00 am of the Brighter Futures Learning Center. • Move-in of the visitor center (Kramer House) is fast approaching. She is pleased to report that Randolph Brooks Federal Credit Union (RBFCU) will be donating all City Council Regular Meeting December 9, 2008 306 furniture and two kiosks for the visitor center. She added that the Chamber will donate one Kiosk to the Schertz Historical Society. • The Festival of Angel’s event was a great success; even though, the weather was a bit chilly. The Chamber partnered with City and is happy to report that 42 ½ cupcakes were passed out at the festival. • The Chamber will not host a luncheon in December. • Attended Commissioner’s Court and reported on: -Guadalupe Regional Medical Center 1st phase of emergency room is almost complete; ultimately, it will be a 25 bed emergency room and the 1.5% growth budgeted w/3.9 M net budgeted for 2009. -Sub recipient Grant award, Governor’s Division of Emergency Management FY 2007 approximate amount of $14,000. -Appointments of Commissioner’s Cope and Guadarama (Precincts 4) to the subregional planning commission. -Interlocal agreement approved with AACOG regarding the processing of addresses and geo-coding mapping for submission to the census bureau and funding associated. -Bid accepted and awarded to Seguin Welding for the Guadalupe County Archives building improvements located at 212 W. Nolte. -An order prohibiting fireworks in unincorporated areas of Guadalupe County was passed. Guadalupe County is also working with surrounding counties on the possibility of a total ban and a disaster declaration. • David Scagliola, 3418 Fox Briar, who reported on the following: -Attended the Fire Department’s award dinner on Thursday, December 4, 2008. -How well everything went with the Festival of Angel’s, and the Pony Express Riders. The Billy Keen’s (Visions of Santa) exhibit is something everyone should take advantage of; it’s free to the public. • Robert Brockman, 1000 Elbel Rd who voiced concern regarding soliciting by the San Antonio Food Bank in the City of Schertz; are any of the donations being offered to Schertz citizen’s. He reported that there will be an additional $5.00 fee for each child registering with BVYA, and believes the funds will be turned over to the Parks and Recreation Foundation. He does not agree with the additional cost and is sure that Mr. McDow is not very happy either. REGULAR AGENDA 1. Minutes -Consideration and/or action regarding the approval of the minutes of the Regular Meeting of November 25, 2008 and December 2, 2008. Mayor Pro-Tem Carpenter recognized Councilmember Trayhan who moved, seconded by Councilmember Fowler to approve the minutes of November 25, 2008 and December 2, 2008 with changes noted. Vote was unanimous. Motion Carried City Council Regular Meeting December 9, 2008 307 2. Utility Billing Write-Off – Consideration and/or action approving the Utility Billing Write-off in the amount of $ 47,392.97. (K. Garcia) Mayor Pro-Tem Carpenter stated that staff has requested that Council table item 2 until next Council meeting. Mayor Pro-Tem Carpenter recognized Councilmember Trayhan who moved, seconded by Councilmember Fowler to table this item until next Council meeting. Vote was unanimous. Motion Carried 3. Ordinance No. 08-D-52 – Consideration and/or action approving an ordinance for no parking along Mayfair Avenue on Southside. Final Reading (L. Dublin) Mayor Pro-Tem Carpenter recognized City Engineer Larry Dublin who introduced this item and stated no changes have been made. Mayor Pro-Tem Carpenter recognized Councilmember Fowler who moved, seconded by Councilmember Scagliola to approve Ordinance No. 08-D-52 on final reading. Vote was unanimous. Motion Carried 4. Ordinance No. 08-D-53 -Recommendation to install stop sign at the intersections of Lookout Rd. and Enterprise Ave. and at Verde Pkwy, and Enterprise Ave. First Reading (L. Dublin) Mayor Pro-Tem Carpenter recognized City Engineer Larry Dublin who introduced this item stating this was newly developed area and needs stop signs after being researched by the City Engineer. He stated the fiscal impact will be $251.36, which is in the proposed FY 2008-2009 budget, Account number: 101-359-551600 – Street Maintenance Mayor Pro-Tem Carpenter recognized Councilmember Trayhan who moved, seconded by Councilmember Scagliola to approve Ordinance No. 08-D-53 on first reading. Vote was unanimous. Motion Carried 5. Ordinance No. 08-D-54 – Consideration and/or action approving an ordinance setting speed limits on Lookout Road and Verde Parkway. First Reading (L. Dublin) Mayor Pro-Tem Carpenter recognized City Engineer Larry Dublin who stated this was a newly developed area needs speed limit signs after being researched by the City Engineer. On Lookout Rd., the speed limit is to be 35 mph the entire length of the roadway. He stated on Verde Parkway the speed limit is to be 35 mph for the entire length of the roadway. He stated the Fiscal Impact will be $126.46, which is in the proposed FY 2008-2009 budget, Account number: 101-359-551600 – Street Maintenance. Mayor Pro-Tem Carpenter recognized Councilmember Trayhan who moved, seconded by Councilmember Scagliola to approve Ordinance No. 08-D-54 on first reading. Vote was unanimous. Motion Carried DISCUSSION AND POSSIBLE ACTION 6. Consideration and/or action on questions and possible items to be placed on the next agenda. (Mayor/City Council) City Council Regular Meeting December 9, 2008 308 After some discussion, it was Council consensus to place the following on the next Council agenda for discussion: • Composition of minutes provided to Council – Councilmember Wilenchik requested. • Development of a 5 year strategic plan – Councilmember Fowler requested. Also, Council reached a consensus to place discussion regarding the meaning of “The Sun Shines Brighter Here” on Council agenda two weeks from day giving Brad Bailey, Media Relations Director time to prepare. 7. Announcements by City Councilmember’s, Mayor and City Manager and staff: Councilmember Fowler -Festival of Angels Event Mentioned he very much enjoyed the Festival of Angels event and added that the “stage” was a big plus. Councilmember Scagliola -Festival of Angels Event Mentioned that the parade route was great; ending up at the park was fantastic, as well as the music and vendors. Maintenance did a great job and thanked everyone for their hard work. Councilmember Trayhan -Festival of Angels Event Thanked the Chamber and staff for a great job. Councilmember Wilenchik -Festival of Angels Event Also thanked the Chamber and staff for a great job. Mayor Pro-Tem Carpenter -Festival of Angels Event Thanked the Chamber and staff for a great job. Assistant City Manager John Bierschwale -Festival of Angels Event Also thanked the Chamber and staff for all their hard work. Assistant City Manager David Harris -Festival of Angels Event Recognized Erin Matlock, Chamber and staff for a great job; everyone really worked hard. ADJOURNMENT As there was no further action, Mayor Pro-Tem Carpenter adjourned the meeting at 7:05 p.m. ________________________________ _ Hal Baldwin, Mayor City Council Regular Meeting December 9, 2008 309 ATTEST: _____________________________________ Mary Ybarra, Deputy City Secretary Agenda No. 2 CITY COUNCIL MEMORANDUM/RESOLUTION City Council Meeting: December 16, 2008 Department: Business Office/Utility Billing Subject: Utility Billing Bad Debt Write-Offs BACKGROUND: Per City Policy, Utility Billing is to bring uncollectible debt to City Council throughout the year. For uncollectible debt, we are to write the debt off after 180 days of non-payment. FISCAL IMPACT To ensure that our outstanding receivables are current, we are requesting to write-off $66,718.21 of uncollectible Water, Sewer, Garbage and Drainage Accounts. The amounts included in this request are for the period of October 1, 2006 through September 30, 2008. All collection efforts have been exhausted. I am forwarding this request for approval; it is the recommendation of the City Auditor, Fred Timmons, to keep our receivables current. RECOMMENDATION Staff recommends Council approval. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ: That the above stated Utility Billing recommends City Council approve the Write-Off amount of $66,718.21. PASSED AND APPROVED at a regular meeting of the City Council of the City of Schertz, Texas this 16th day of December, 2008, at which meeting a quorum was present, held in accordance with the provisions of the Texas Government Code, §551.001 et seq., as amended. APPROVED Hal Baldwin, Mayor or Presiding Officer ATTEST: ___________________________________ Brenda Dennis, City Secretary Memo-Resolution.doc Agenda No. 3 CITY COUNCIL MEMORANDUM City Council Meeting: December 16, 2008 Department: Public Works -TSAC Subject: Ordinance No. 08-M-51 – Amending and revising Ordinance 05-M-02 concerning members and alternate members for TSAC and approving conforming Bylaws. (Final reading) BACKGROUND It has been recommended that the Transportation Safety Advisory Commission (TSAC) be modified to provide for up to three alternate members to serve in the absence of regular members. The attached Ordinance replaces the former TSAC Ordinance (05-M-02) and amends and fully restates the authorization for TSAC currently contained in Chapter 2, Article IV, Sections 91-101 of the City’s Code of Ordinances. The attached Ordinance also authorizes amended TSAC Bylaws (attached as Exhibit A to the Ordinance) to conform to the changes in the Code of Ordinances. City Council passed this on first reading at its meeting of November 4, 2008. FISCAL IMPACT None RECOMMENDATION Staff recommends Council approve Ordinance No. 08-M-51 final reading. ATTACHMENT Ordinance No. 08-M-51 50127950.1 ORDINANCE NO. 08-M-51 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING AND RESTATING CHAPTER 2, ARTICLE IV, SECTIONS 91-101, “ADMINISTRATION—TRANSPORTATION SAFETY ADVISORY COMMISSION” OF THE CODE OF ORDINANCES OF THE CITY OF SCHERTZ, TEXAS, AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: I. Chapter 2, Article IV, Sections 91-101 of the Code of Ordinances of the City of Schertz, Texas relates to the Transportation and Safety Advisory Commission and is hereby amended and restated as follows including, in particular, amendments to Section 2-94: “Sec. 2-91. Establishment. There is hereby created a Transportation Safety Advisory Commission (the “Commission”). Sec. 2-92. Purpose. The Commission shall review safety issues relating to transportation in the City to improve the quality of life in the City through a citizen-government partnership that promotes safe and secure roads which provide and promote convenience, recreational and leisure activities, and continued beautification of the City. Sec. 2-93. Duties. (a) Subject to the approved budget of the City for the Commission, the Commission shall undertake the following activities: (1) Coordinate and communicate with the City Manager and the director of public works, and the Planning and Zoning Commission, the Schertz Development Foundation, the Schertz Economic Development Corporation, and similar bodies in the City on matters related to transportation safety; (2) Develop transportation safety materials, including but not limited to brochures, videos, profiles, fact sheets, and similar materials or information; (3) Develop research materials related to transportation safety; (4) Develop a transportation safety plan for the City; (5) Review all existing and proposed traffic ordinances; 50109551.1 1 (6) Develop and sponsor transportation safety courses for the citizens of the City, including but not limited to defensive driving courses, bicycle safety courses, and child car seat inspections; (7) Participate in appropriate fact-finding trips, conferences, and seminars related to transportation safety; and (8) Review plans, plats, site plans, and master plans for traffic safety recommendations when requested by the City Manager. (b) The Commission shall, at least semi-annually, report its activities and recommendations to the City Council through the City Manager. (c) The Commission shall undertake such additional duties and activities as may be approved from time to time by resolution of the City Council. Sec. 2-94 Composition of Commission; Terms of Members; Alternate Members (a) The Commission shall be composed of nine (9) regular members who are residents or employees of the City and who shall be appointed by the City Council. Each regular member of the Commission shall be appointed by the City Council for a two-year term commencing on the expiration of the prior term of a regular member. (b) In addition, the City Council may from time to time appoint up to three (3) additional persons as alternate members of the Commission. Such persons shall also be residents or employees of the City and may be appointed for terms not exceeding two (2) years. Such persons shall be designated by the City Council as Alternate No. 1, No. 2, or No. 3. Alternate members shall be entitled to receive notice of all Commission meetings. Alternate members may comment on matters coming before the Commission in the same manner that regular members may comment but, except as provided below, shall have no authority to vote and, unless serving in place of an absent regular member as provided below, shall not be considered in determining the presence of a quorum. (c) In the absence from a meeting of the Commission for more than ten minutes of one or more regular members, alternate members shall, for such meeting, be counted toward a quorum, vote, and have all other rights of regular members (except any absent regular member’s office on the Commission). Alternate No. 1 shall be counted and so act in the absence of one regular member, Alternate Nos. 1 and 2 shall be counted and so act in the absence of two regular members, and Alternate Nos. 1, 2, and 3 shall be counted and so act in the absence of three regular members. If the regular member for whom an alternate member is serving subsequently arrives at the meeting, the alternate shall continue to serve until the conclusion of such meeting. (d) The City Council may remove a regular member or alternate member of the Commission at any time, with or without cause. 50109551.1 2 (e) In the event of the death, resignation, or removal of a regular or alternate member, the City Council shall appoint a replacement regular or alternate member to serve for the remainder of such member’s term. There shall be no limit on the number of terms an individual may serve on the Commission as a regular or alternate member. Sec. 2-95. Staff support and funding. (a) The City shall provide staff support to the Commission through the City Manager in coordination with the director of public works, the chief of police, and a City Council liaison, each of whom shall serve as ad hoc members of the Commission. (b) Funding for Commission activities shall be provided by the City as a line item in the City budget. Sec. 2-96. Officers. The members of the Commission shall select a chair to preside at meetings of the Commission and a vice-chair to serve in the absence of the chair. The City Manager shall provide a member of the City staff to serve as secretary for the Commission. Sec. 2-97. Meetings. Regular meetings of the Commission shall be held at least quarterly. Special meetings may be called by the chair or by any two members of the Commission. Five members of the Commission shall constitute a quorum, which shall be required for the Commission to conduct business. The vote of a majority of the members present shall be required for any action to be effective. Meetings of the Commission shall be conducted in accordance with the Texas Open Meetings Act. Notice of meetings shall be posted in accordance with such Act by the secretary. Minutes of Commission meetings shall be prepared by the secretary, and such minutes shall be distributed to members and shall be made available under standard City procedures to other interested persons. Sec. 2-98. Disqualification from voting. A member shall be disqualified from voting on a matter before the Commission if such member has a personal or monetary interest with respect to the project being voted upon or if the member will be affected, personally or monetarily (other than as a member of the general public), by the outcome of the vote. Sec. 2-99. No Compensation. The members of the Commission shall serve without compensation, except for reimbursement of actual expenses attendant to the performance of their duties as authorized by the City Manager. 50109551.1 3 50109551.1 4 Sec. 2-100. Committees. The chair may establish permanent or special committees. Membership on committees may include individuals who are not members of the Commission, but every committee shall be chaired by a member of the Commission. Sec. 2-101. Amendments. The City Council may modify this article or the Commission may recommend modifications to this article to the City Council, but such modifications must be approved by City Council.” II. The Bylaws of the Commission, as amended in conformance with this Ordinance, as attached hereto as Exhibit A. III. All ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed. Should any portion or part of this Ordinance be held for any reason invalid, unconstitutional, or unenforceable, the same shall not be construed to affect any other valid portion hereof, but all valid portions hereof shall remain in full force and effect. IV. This Ordinance shall be effective from and after its final passage and any publication required by the City Charter. APPROVED on first reading the 4th day of November, 2008. PASSED, APPROVED AND ADOPTED this the 16th day of December, 2008. Mayor, City of Schertz, Texas ATTEST: City Secretary, City of Schertz (Seal of City) Exhibit A BYLAWS CITY OF SCHERTZ TRANSPORTATION SAFETY ADVISORY COMMISSION Section 1: Purpose The purposes of the Schertz Transportation Safety Advisory Commission are as follows: (1) Investigate safety issues and make recommendations with respect to our city’s roadways. (1) Improve our city’s quality of life through a citizen-government partnership. (2) Promote safe and secure roads which provide convenience, recreational and leisure activities and continued beautification of the City of Schertz. Section 2: Duties of the Commission The defined duties of the Schertz Transportation Safety Advisory Commission are outlined below. This listing is not intended to be limiting. Additional duties may be added by the City Council as needed. (1) Coordinate and communicate with the Schertz Planning and Zoning Commission, the Schertz Development Foundation, the Schertz Economic Development Corporation and similar bodies in the City of Schertz on matters related to transportation safety. (2) Develop safety materials i.e.: brochures, profiles, fact sheets, and similar materials or information to be used for promotional activity, as needed. (3) Develop research materials needed for promotion of transportation safety. (4) Develop a transportation safety plan for the City of Schertz. (5) Review proposed traffic ordinances and make recommendations to City Council. (6) May participate in fact-finding trips, conferences, or seminars related to transportation safety. Section 3: Appointment, Eligibility, Membership; Alternate Members (1) The Commission shall be composed of nine (9) regular members who are residents or employees of the City and who shall be appointed by the City Council. Each regular member of the Commission shall be appointed by the City Council for a two-year term commencing on the expiration of the prior term of a regular member. (2) In addition, the City Council may from time to time appoint up to three (3) additional persons as alternate members of the Commission. Such persons shall also be residents or employees of the City and may be appointed for terms not exceeding two (2) years. Such persons shall be designated by the City Council as Alternate No. 1, No. 2, or No. 3. Alternate members shall be entitled to receive notice of all Commission meetings. Alternate members may comment on matters coming before the Commission in the same manner that regular members may comment but, except as provided below, shall have no authority to vote and, unless serving in place of an absent regular member as provided below, shall not be considered in determining the presence of a quorum. (3) In the absence from a meeting of the Commission for more than ten minutes of one or more regular members, alternate members shall, for such meeting, be counted toward a quorum, vote, and have all other rights of regular members (except any absent regular member’s office on the Commission). Alternate No. 1 shall be counted and so act in the absence of one regular member, Alternate Nos. 1 and 2 shall be counted and so act in the absence of two regular members, and Alternate Nos. 1, 2, and 3 shall be counted and so act in the absence of three regular members. If the regular member for whom an alternate member is serving subsequently arrives at the meeting, the alternate shall continue to serve until the conclusion of such meeting. (4) The City Council may remove a regular member or alternate or member of the Commission at any time, with or without cause. (5) In the event of the death, resignation, or removal of a regular or alternate member, the City Council shall appoint a replacement regular or alternate member to serve for the remainder of such member’s term. There shall be no limit on the number of terms an individual may serve on the Commission as a regular member or alternate. Section 4: Term of Office and Organization The term of office will be a two-year period effective 1 January each year. Commission members will select a Chairperson and Vice Chairperson from among the regular members to officiate meetings during the first meeting of each calendar year. The Commission will determine if additional officers are needed. Section 5: Removal from Office A regular member or alternate member may be removed from office by the City Council at any time with or without cause. 50127877.1 TSAC Bylaws Dec. 2008 -2 - Section 6: Vacancies Upon the death, resignation, or removal of a regular or alternate member, the City Council will appoint a replacement regular or alternate member to serve for the remainder of such member’s term. Section 7: Staff Support and Funding Staff support will be provided by the City of Schertz Engineer, City of Schertz Director of Public Works, City of Schertz Police Chief, City of Schertz Fire Chief, City of Schertz Director of EMS, and City of Schertz City Planner. City representatives shall serve as ad hoc members of the Commission. A recording secretary will be provided by City Staff. Funding will be provided by the City of Schertz Public Works, Police Department, Fire Department, EMS, and City Planning. Section 8: Meetings and Quorums Meetings will be conducted on a regular basis. Special meetings will be at the call of the Chairperson. A quorum is required to conduct business. A quorum is a majority of the regular members of the commission. In the absence of one or more regular members, alternate members may serve and be counted as a quorum as set forth in Section 3(3). For voting purposes, a majority vote of the members (regular and alternate(s) serving in place of an absent regular member) present is required to have effect. Minutes will be recorded for each meeting by a Recording Secretary. Such minutes will be distributed to Commission members and other interested parties. Section 9: Disqualification from Voting A member shall be disqualified from voting if he/she finds the following conditions to exist: (1) A personal or monetary interest exists on the project being discussed. (2) The member will be directly affected, personally or monetarily, by the outcome of the vote. Section 10: Compensation The members of the Commission will serve without compensation, except for reimbursement of authorized expenses attendant to the performance of their duties. 50127877.1 TSAC Bylaws Dec. 2008 -3 - 50127877.1 TSAC Bylaws Dec. 2008 -4 -Section 11: Committees The Chairperson may establish permanent committees and/or committees for a specific task. Membership on committees may include individuals who are not on the Commission. Only a regular member of the Commission may chair a committee. Section 12: Amendments These bylaws may be amended or changed by a majority vote of the Commission and approval by the City Council. Agenda No. 4 CITY COUNCIL MEMORANDUM City Council Meeting: December 16, 2008 Department: Public Works /Engineering Subject: Ordinance No. 08-D-53 -Recommendation to install stop sign at the intersections of Lookout Rd. and Enterprise Ave. and at Verde Pkwy. and Enterprise Ave. (Final Reading) BACKGROUND Newly developed area needs stop signs after being researched by the City Engineer. City Council passed this on first reading on December 9, 2008. FISCAL IMPACT The Fiscal Impact will be $251.36. Proposed FY 2008-2009 budget, Account number: 101-359-551600 – Street Maintenance. RECOMMENDATION Staff recommends Council approval to install a stop sign at the intersection of Lookout Rd. and Enterprise Ave. and at the intersection of Verde Pkwy. and Enterprise Ave., thus amending ordinance Section 86-41 Stop Intersections -Designated. ATTACHMENT Ordinance No. 08-D-53 Exhibit for Stop Signs and Speed Signs ORDINANCE NO.08-D-53 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 REVISING CHAPTER 86, SECTION 86-41, STOP INTERSECTIONS– DESIGNATED; AND PROVIDING A REPEALING CLAUSE AND PROVIDING AN EFFECTIVE DATE WHEREAS, the governing body of the City of Schertz (the “City”) has determined that traffic safety in the City may be enhanced in certain instances by the installation of stop intersections on City streets. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS; SECTION I THAT, Chapter 86 of the Code of Ordinances of the City of Schertz, Texas is hereby amended as follows: “Section 86-41, Stop Intersections – Designated Through Street Cross-or Stop Street Lookout Rd Enterprise (East Side) Enterprise Verde Parkway (West Side) SECTION II All ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed. Should any portion or part of this Ordinance be held for any reason invalid, unconstitutional, or unenforceable, the same shall not be construed to affect any other valid portion hereof, but all valid portions hereof shall remain in full force and effect. (Repealed Ordinance 04-D-06) SECTION III This Ordinance shall be effective from and after its final passage and any publication required by the City Ordinance. APPROVED on first reading the 9TH day of December , 2008. PASSED, APPROVED AND ADOPTED this the 16th day of December, 2008. _________________________________________ Mayor or Presiding Officer, City of Schertz, Texas ATTEST: ______________________________ City Secretary, City of Schertz Agenda No. 5 CITY COUNCIL MEMORANDUM City Council Meeting: December 16, 2008 Department: Public Works /Engineering Subject: Ordinance No. 08-D-54 -Recommendation to install speed limit signs on Lookout Rd. and on Verde Pkwy. (Final Reading) BACKGROUND Newly developed area needs speed limit signs after being researched by the City Engineer. On Lookout Rd., the speed limit is to be 35 mph the entire length of the roadway. On Verde Pkwy. the speed limit is to be 35 mph for the entire length of the roadway. City Council passed this on first reading on December 9, 2008. FISCAL IMPACT The Fiscal Impact will be $126.46. Proposed FY 2008-2009 budget, Account number: 101-359-551600 – Street Maintenance. RECOMMENDATION Staff recommends Council approval to install speed limit signs on Lookout Rd. and on Verde Pkwy. thus amending ordinance Section 86-115 Maximum Limits Generally. ATTACHMENT Ordinance No. 08-D-54 Exhibit for Stop Signs and Speed Signs ORDINANCE NO. 08-D-54 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 SECTION 86-115, MAXIMUM LIMITS GENERALLY; AND PROVIDING A REPEALING CLAUSE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: SECTION I THAT, Section 86-115 of the Code of Ordinances, City of Schertz, Texas be amended to add the following: “Section 86-115, Maximum limits generally. (a) As a result of a traffic and engineering survey conducted by the traffic engineer, the maximum, reasonable, safe and prudent speed limit has been found and is hereby declared to be 20 miles per hour on any street in any residential or business district in the city, except as may be otherwise provided in this article…the limits specified in this section shall be lawful, but any speed in excess of such limits shall be prima facie evidence that the speed is not reasonable and prudent and that it is unlawful Street Extent Speed Limit Lookout Lookout Road Entire length of roadway 35 MPH Verde Parkway Entire length of roadway 35 MPH SECTION II THAT, all Ordinances or parts of Ordinances in conflict with this Ordinance are hereby repealed. SECTION III This Ordinance shall be effective from and after its final passage and any publication required by the City Ordinance. APPROVED on first reading the 9th day of December, 2008. PASSED, APPROVED AND ADOPTED this the 16th day of December, 2008. ____________________________________________ Mayor or Presiding Officer, City of Schertz, Texas ATTEST: ______________________________ City Secretary, City of Schertz Agenda No. 6 CITY COUNCIL MEMORANDUM/RESOLUTION City Council Meeting: December 16, 2008 Department: Administration Subject: Discussion regarding Composition of Minutes -Retention Schedule Amendment – Consideration and/or action approving an amendment to the City of Schertz Retention schedule filed on March 11, 2008 BACKGROUND At the December 9, 2008 Regular City Council Meeting Councilmember Tony Wilenchik requested that an agenda item be placed on the December 16, 2008 for discussion. It was the consensus of Council to do so. After this item was brought up at the Council meeting, City Secretary discussed at the next staff meeting the following as a resolve: • That all agenda items being presented to Council, should have proper back up provided in advance, which is placed on the city website for citizens to view. • That the DVDs, audio tapes and any other form of recorded meetings be amended to permanent status after approval of written minutes. FISCAL IMPACT None RECOMMENDATION City Secretary recommends the retention of DVDs, audio tapes and any other form of recorded meetings be amended to become permanent after approval of written minutes. • City Secretary recommends Council approve a change to the City of Schertz Retention schedule filed on March 11, 2008 making the DVDs, audio tapes and any other form of recorded meetings be amended to permanent status. • It is also recommended that the City revise the current Texas State Library Schedule and file appropriate amendments with the Texas State Library and Local Records Management Division. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ: City Council Memorandum Page 2 That the above stated recommendations are hereby approved and authorized. PASSED AND APPROVED at a regular meeting of the City Council of the City of Schertz, Texas this 16th day of December, 2008, 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 ATTEST: __________________________ Brenda Dennis, City Secretary ATTACHMENT Proposed Changed Schedule