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11-24-09 Agenda SCHERTZ CITY COUNCIL REGULAR SESSION MUNICIPAL COMPLEX COUNCIL CHAMBERS 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 AGENDA TUESDAY, NOVEMBER 24, 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. RECOGNITION Firefighter of the Year award - Fire Apparatus Operator, Mack Melancon Recognition to Lieutenant Carl Berghofer PRESENTATION Presentation by the Schertz Sweethearts regarding the December 1, 2009 Tree Lighting Ceremony/Choir. (E. Matlock) 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, will call on those persons who have signed up to speak in the order they have registered. Discussion and/or Action Items Minutes 1.- Consideration and/or action regarding the approval of the minutes of the Regular Meeting of November 17, 2009. No Parking in Bicycle Lanes 2.- Discussion and possible action and briefing on No Parking in Bicycle Lanes in school zones (S. Willoughby/L. Dublin) Ordinance No. 09-D-44 3.? Consideration and/or action approving an ordinanceby 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 86-118, ïïóîìóðç ݱ«²½·´ ß¹»²¼¿ maximum limits in school zones on specific streets; and providing a repealing Final Reading clause. (FM 1518 near Corbett Middle School) (L. Dublin) Ordinance No. 09-M-45 4.? Consideration and/or action approving an ordinanceof the City of Schertz, Texas amending and restating Chapter 2, Article IV, Sections 91-101, ?Administration-Transportation Safety Advisory Commission? of the Code of First Ordinances of the City of Schertz, Texas, and providing an effective date. Reading (M. Spain) Ordnance No. 09-M-46 5.? Consideration and/or action approving an ordinanceof the City of Schertz, Texas amending the Code of Ordinances of the City by deleting First Reading Chapter 2, Article II, Citizens Advisory Committee. (M. Spain) Resolution No. 09-R-59 ? 6.Creating two alternate member positions on the Schertz Resolution No. 09-R-60 ? Library Advisory BoardandCreating two alternate member positions on the Schertz Historical Preservation Committee - Consideration and/or action approving Resolution No.?s 09-R-59 and 09-R-60. (M. Spain) Ordinance No. 09-D-47 7.? Consideration and/or action approving an ordinance First Reading amending the speed limit on Doerr Lane to 35 mph. (L. Dublin) Contract Agreement TIP Strategies,Inc., and the Schertz Economic 8. Development Corporation ? Consideration and/or action approving a contract between TIP Strategies, Inc. and the Schertz Economic Development Corporation in the amount of $30,000 to provide an update to the 2006 Comprehensive Economic Development Strategy. (G. Antuna/J. Jewell) RFQ #09-ENG-29-S-01 9.? Request for Qualifications: Engineering Design Services ? Consideration and/or action approving a two-year contract for engineering and design services with Vickery and Associates, Professional Engineering Design Group, Ford Engineering Inc. (L. Dublin) EXECUTIVE SESSION Called under Section 551.071 Texas Government Code 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 10. Take any actiondeemed 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 ïïóîìóðç Ý·¬§ ݱ«²½·´ ß¹»²¼¿Ð¿¹»ó î ó 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 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 19th DAY OF NOVEMBER 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. ûËØÏÙÜùØÏÏÔÊ  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 call 619-1030 at least 24 hours in advance of meeting. COUNCIL COMMITTEE AND LIAISON ASSIGNMENTS Mayor BaldwinTBA Interview Board for Boards and Commissions Investment Advisory Committee Investment Advisory Committee Audit Committee ASA Commuter Rail District Board Interview Board for Boards and Commissions AACOG Advisory Committee AACOG Economic Development TML Municipal Revenue & Taxation Committee Mayor Pro-Tem FowlerCouncilmember Carpenter Interview Board for Boards and Commissions TIRZ II Board Hal Baldwin Scholarship Committee Councilmember ScagliolaCouncilmember Trayhan Animal Control Advisory Committee Audit Committee Interview Board for Boards and Commissions Hal Baldwin Scholarship Committee ïïóîìóðç Ý·¬§ ݱ«²½·´ ß¹»²¼¿Ð¿¹»ó í ó Agenda No. 1 CITY COUNCIL MEMORANDUM City Council Meeting: November 24, 2009 Department: City Secretary Subject: Minutes BACKGROUND On November 17, 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 November 17, 2009 minutes. ATTACHMENT Minutes 11-17-09 MINUTES REGULAR MEETING November 17, 2009 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on November 17, 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 Assistant City Manager David Harris 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. Councilmember Carpenter gave the invocation followed by the Pledges of Allegiance to the Flags of the United States and State of Texas. PRESENTATIONS Presentation from GVEC (Franchise Tax payment). (CFO Justin Locke, Board President Lewis Borgfeld) Mayor Baldwin recognized Board President Lewis Borgfeld who introduced CFO Justin Locke and new Board member Mark Roberts, with GVEC, who presented the City with the franchise tax payment of $141,613.56. Presentation/Discussion and update on Main Street and Town Center Projects (EDC). Mayor Baldwin recognized Economic Development Director George Antuna who introduced Mr. Will Reed with SPREE - Stainback Public Private Real Estate who provided a brief PowerPoint on the Main Street Revitalization update and Town Center Project update answering questions from Council. HEARING OF RESIDENTS Mayor Baldwin recognized the following citizens: ïïóïéóðç Ó·²«¬»­ Ted Meyers of Kung Jung Mu Sul who introduced Jason Norton who invited the Mayor, Council, and staff to attend their December 13, 2009 Belt Ceremony and Appreciation Dinner to be held from 4:00 p.m. to 7:00 p.m. at the Schertz Community Center. Discussion and/or Action Items Resolution No. 09-R-58 1. - Consideration and/or action approving a resolution canvassing the November 3, 2009 City of Schertz Special Election. (Mayor/B. Dennis) Mayor Baldwin recognized City Secretary Brenda Dennis who stated that on November 3, 2009 a total of 1,757 votes were cast with 1,173 in favor and 584 against for the continuance of recycling services with the City, which would also allow Council to set the frequency and price. Mayor Baldwin recognized Mayor Pro-Tem Fowler who moved, seconded by Councilmember Trayhan to approve Resolution No. 09-R-58 canvassing the results . Vote was unanimous. Motion Carried. of the November 3, 2009 special election Minutes 2. - Consideration and/or action regarding the approval of the minutes of the Regular Meeting of November 10, 2009. Mayor Baldwin recognized Councilmember Trayhan who moved, seconded by Councilmember Carpenter to approve the minutes of the regular meeting of Vote was unanimous.Motion Carried. November 10, 2009. Blue Ribbon Committee 3. ? Discussion and consideration and/or action forming and appointing members to a Blue Ribbon Committee for the purpose of gathering information on proposed City Projects for a possible Bond Election to be held May 8, 2010. (J. Bierschwale) Mayor Baldwin recognized Assistant City Manager John Bierschwale who introduced this item stating action on this item forms a committee for the purpose of gathering information on proposed City projects for a possible bond election to be held on May 8, 2010. Possible projects include: Soccer complex addition, SchertzPlex, baseball fields and Animal Shelter? Mayor Baldwin recognized Councilmember Scagliola who asked that the Senior Center be added to the list. Mr. Bierschwale spoke about the size of the committee in which he would like to have around 50 to 80, and split them up into groups per projects. City Manager Don Taylor stated that he believed a committee of ten would be more appropriate. Staff and Council discussed that the meetings would begin December through January and have a recommendation to the Council by the end of January. ïïóïéóðç Ó·²«¬»­Ð¿¹»ó î ó Mayor Baldwin recognized Councilmember Carpenter who moved, seconded by Councilmember Scagliola to proceed with forming and appointing members to a Blue Ribbon Committee for the purpose of gathering information on proposed City Vote was Projects for a possible Bond Election to be held May 8, 2010. unanimous.Motion Carried. Ordinance No. 09-D-44 4. ? Consideration and/or action approving 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 86-118, maximum limits in school zones on specific streets; and providing a repealing First Reading clause. (FM 1518 near Corbett Middle School) (L. Dublin) Mayor Baldwin recognized City Engineer Larry Dublin who introduced this item stating that with the opening of the new Ray Corbett Middle School adjacent to FM 1518, the Schertz-Cibolo Universal City School District petitioned TxDOT to create a school zone, limited in speed during certain hours. As evidenced by the letter exhibit from TxDOT, it is recommended that a 35 mph school zone be created  in the vicinity of Ray Corbett Drive. Mayor Baldwin recognized Mayor Pro-Tem Fowler who moved, seconded by . The vote Councilmember Scagliola to approve Ordinance No. 09-D-44 first reading was unanimous. Motioned carried. Election of Board of Directors for Comal Appraisal District Board 5. ? Consideration and/or action casting the number of votes eligible to submit in the upcoming election of the Board of Directors for Comal Appraisal District. (Mayor) Mayor Baldwin introduced this item answering questions from Council. Mayor Baldwin stated that he had contacted the Mayor of Selma and stated that Selma was casting their votes for Scott Watson a Selma resident. Mayor Baldwin recommends that the Council cast their 30 votes as well for Scott Watson. Mayor Baldwin recognized Councilmember Carpenter who moved, seconded by Councilmember Trayhan to cast the 30 votes for Scott Watson for Election of Board Vote was unanimous. Motion carried. of Directors for Comal Appraisal District. Mayor Baldwin adjourned into executive session at 7:30 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 8:22 p.m. ïïóïéóðç Ó·²«¬»­Ð¿¹»ó í ó RECONVENE TO REGULAR SESSION 6. Take any other actiondeemed necessary as a result of the Executive Session. Mayor Baldwin recognized Councilmember Carpenter who moved, seconded by Councilmember Trayhan that the City Council approves a Mutual Settlement and Release Agreement relating to a lawsuit by John Gannon, Inc. against the City of Schertz and the Schertz Board of Adjustment, which, in general, contains the following items: 1.Gannon may rebuild the sign that is dismantled, using steel components, with a single monopole not exceeding the former sign area and height, which will be a non-conforming permitted use, 2.Gannon will pay the City $30,000, 3.Gannon will convey the land on which the sign is located to the City, retaining an easement for the sign, 4.Gannon will restrict advertising on the sign to exclude alcohol, tobacco, and sexually oriented businesses, with final approval of the Agreement by the City Manager and the City Attorney. Vote was unanimous. Motion carried. Mayor Baldwin recognized Mayor Pro-Tem Fowler who moved, seconded by Councilmember Scagliola that the City Council authorizes the City Manager to acquire lots in the Freeway Manor Subdivision for a price of $3,000 per lot plus standard closing costs to be paid by the City, subject to approval of documentation Vote was unanimous. Motion carried. by the City Manager and the City Attorney. Requests and Announcements 7. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. Mayor Baldwin recognized Mayor Pro-Tem Fowler who inquired if staff would be preparing an item to set the recycle rate as passed by the voters. City Manager Don Taylor and Assistant City Manager John Bierschwale answered it is forthcoming. 8. Requests by Mayor and Councilmembers to City Manager and Staff for information. No requests given. 9. 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 ïïóïéóðç Ó·²«¬»­Ð¿¹»ó ì ó Recognition of actions by community volunteers Upcoming City Council agenda items Mayor Baldwin recognized Mayor Pro-Tem Fowler and Councilmember Scagliola who stated they attended the Main Street briefing on Monday, November 16, 2009 and were impressed with the organization of the meeting. Mayor Baldwin recognized Councilmember Carpenter who personally complimented and thanked the Fire Department on a recent call to his home in which there was a small fire in the stove. Mayor Baldwin stated that he received a letter from a citizen who had complained about the City and having to apply for a building permit. He has spoken to Michele Sanchez, Development Service Director, and she will be preparing a response back to them and would copy Council. 12. Announcements by City Manager Recognition of City employee actions New Departmental initiatives Mayor Baldwin recognized City Manager Don Taylor who gave a brief update on the Lowe?s drainage issue stating that City Engineer Larry Dublin has been in contact with Lowe?s Civil Engineer. Mayor Baldwin recognized City Engineer Larry Dublin who stated that he indeed has been receiving updates from them as they are preparing a plan to resolve the drainage issues and also that the Real Estate Department of Lowe?s is researching who actually owns the easement. Mr. Dublin further stated that he has been in contact with Mr. Lougher keeping him updated on the status. Mr. Taylor stated that he also has Mr. Dublin working on the Mesa Oaks drainage issues. Mr. Dublin stated that he has been in contact with Larry Akin and he will be bringing forth plans to resolve those drainage issues and setting up meetings with the Homeowners Association, but believes this is a developer owner issue. Mr. Dublin updated the Council on the Scenic Hills issue stating that he is monitoring this and gathering information to bring back to the citizens and Council. City Manager Don Taylor stated that regarding the Chelsea Road closure it appears that traffic is going out the other way. Mr. Dublin stated that he has had no calls the last two days. ADJOURNMENT As there was no further action, Mayor Baldwin adjourned the meeting at 8:40 p.m. ïïóïéóðç Ó·²«¬»­Ð¿¹»ó ë ó ___________________________________ Hal Baldwin, Mayor ATTEST: _______________________________________ Brenda Dennis, TRMC, CMC City Secretary ïïóïéóðç Ó·²«¬»­Ð¿¹»ó ê ó Agenda No. 2 CITY COUNCIL MEMORANDUM City Council Meeting: November 24, 2009 Department: Engineering and Public Works Departments Subject: No Parking in Bicycle Lanes BACKGROUND As requested by Council, the Engineering and Public Works Departments re-assess no parking throughout the City specifically in established bicycle lanes. Violation of the no parking ordinance in bicycle lanes is occurring in the school zones and around the communal mailboxes. Amending the no parking ordinance and installing additional signs will allow the Police Department to issue tickets to violators which park in bicycle lanes. Staff contacted Schertz Post Office requesting that subdivision communal mailboxes be relocated to the opposite side of the bicycle lanes and this request was denied. This will require modification to approximately 12 existing signs and the addition of approximately 19 new signs. Additional options reviewed included removing bike lanes on blocks with the mailboxes or striping a twelve foot parking and bike lane as allowed. Bicycle lane width (American Association of State Highway and Transportation Officials -1999) AASHTO Guide, pp. 22?24): 4 feet (1.2m): minimum width of bike lane on roadways with no curb and gutter 5 feet (1.5m): minimum width of bike lane when adjacent to parking, from the face of the curb or guardrail 11 feet (3.3m): total width for shared bike lane and parking area, no curb face 12 feet (3.6m): shared bike lane and parking area with a curb face FISCAL IMPACT New sign faces: starting with Savannah Drive $2,600.00 RECOMMENDATION It is recommended that the no parking ordinance be amended to specifically include ?stopping, standing and/or parking? in no parking zones. Install additional ?No Parking? signs so that they are located at the beginning, middle and end of each block. Also recommend that staff continue to persuade the Post Office to allow the relocation of the mailboxes that conflict with the bike lanes. Agenda No. 3 CITY COUNCIL MEMORANDUM City Council Meeting: November 24, 2009 Department: Engineering / Public Works Subject:Ordinance No. 09-D-44 Recommendation to create School Zone on FM 1518 near Corbett Middle School. (Final Reading) BACKGROUND With the opening of the new Ray Corbett Middle School adjacent to FM 1518, the Schertz-Cibolo Universal City School District petitioned TxDOT to create a school zone, limited in speed during certain hours. As evidenced by the letter exhibit from TxDOT, it is recommended that a 35 mph school zone be created in the vicinity of Ray Corbett Drive. City Council passed this on first reading at their meeting of November 17, 2009. FISCAL IMPACT There will be no Fiscal Impact as TxDOT will install and maintain all signage required. RECOMMENDATION Staff recommends Council approve Ordinance 09-D-44 Final Reading. ATTACHMENT Ordinance No. 09-D-44 Exhibit from TxDOT ORDINANCE NO. 09-D-44 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 86-118, MAXIMUM LIMITS IN SCHOOL ZONES ON SPECIFIC STREETS; AND PROVIDING.A REPEALING CLAUSE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: SECTION I THAT, Chapter 86-118 of the Code of Ordinances, City of Schertz, Texas be amended to add the following: *Sec. 86-118. Maximum limits in school zones. Street Extent Speed Limits FM 1518 TxDOT mile marker 3.085 to 35 MPH TxDOT mile marker 3.331 SECTION II THAT, all Ordinances or parts of Ordinances in conflict with this Ordinance are hereby repealed. th APPROVED on first reading the 17 day of November, 2009. PASSED, APPROVED AND ADOPTED this the ______day of __________ 2009 . ___________________________________ Hal Baldwin, Mayor, City of Schertz, Texas ATTEST: _______________________________________ Brenda Dennis, City Secretary Agenda No. 4 CITY COUNCIL MEMORANDUM City Council Meeting: November 24, 2009 Department: City Attorney Subject:Ordinance No. 09-M- 45 - Transportation Safety Advisory Commission: Alternate Members (First Reading) BACKGROUND The Transportation Safety Advisory Commission was established by the City Council in 2005 with nine members pursuant to Ordinance No. 05-M-02. In 2008, pursuant to Ordinance No. 08-M-51, the City Council provided for up to three alternate members. Two of those alternate positions are currently filled. City Council has expressed the desire to provide for two alternate positions on certain City advisory groups, including the Transportation Safety Advisory Commission. The attached Ordinance would amend Chapter 2, Article IV, Section 91-101, Administration ? Transportation Safety Advisory Commission, of the Code of Ordinances to reduce the number of alternate Commission members from three to two. FISCAL IMPACT None RECOMMENDATION Adoption of Ordinance No. 09-M-45 first reading ATTACHMENT Ordinance No. 09-M-45 CCM Ordn NO. 09-M-45.doc ORDINANCE NO. 09-M-45 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, deleting references to the Schertz Development Foundation and providing for two (2) alternate members of the Commission: ?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 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; 1 Ordn 09-M-45.doc (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 two (2) 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 or No. 2. 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 of up to two regular members, alternate members who are present (in alternating order if there is only one regular member absent) shall, for such meeting, be counted toward a quorum, vote, and have all other rights of the absent regular members (except any absent regular member?s office on the Commission). If the regular member for whom an alternate member is serving subsequently arrives at the meeting, he or she shall not participate in such meeting, and the alternate member 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. 2 Ordn 09-M-45.doc (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 regular 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 regular 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 (including any alternate member or members acting in the absence of a regular member or 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 all regular and alternate members and shall be made available under standard City procedures to other interested persons. Sec. 2-98. Disqualification from voting. A regular or alternate 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 regular and alternate 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. 3 Ordn 09-M-45.doc Sec. 2-100. Committees. The chair may establish permanent or special committees. Membership on committees may include individuals who are not regular or alternate members of the Commission, but every committee shall be chaired by a regular 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 Part I of this Ordinance, as attached hereto as Exhibit A, are hereby approved. 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. th APPROVED on first reading the 24day of November, 2009. PASSED, APPROVED AND ADOPTED this the __ day of __________, 2009. Mayor, City of Schertz, Texas ATTEST: City Secretary, City of Schertz (Seal of City) 4 Ordn 09-M-45.doc 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 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. Ex A Ordn 09-M-45.doc TSAC Bylaws Nov. 2009 (2)In addition, the City Council may from time to time appoint up to two (2) 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 or No. 2. 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 of up to two regular members, alternate members who are present (in alternating order if there is only one regular member absent) shall, for such meeting, be counted toward a quorum, vote, and have all other rights of the absent regular members (except any absent regular member?s office on the Commission). If the regular member for whom an alternate member is serving subsequently arrives at the meeting, he or she shall not participate in such meeting, and the alternate member 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. Regular 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. 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. Ex A Ordn 09-M-45.doc TSAC Bylaws Nov. 2009 - 2 - 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 or any two regular members of the Commission. 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 (including any alternate member or members acting in the absence of a regular member or members) present is required to have effect. Minutes will be recorded for each meeting by the Secretary. Such minutes will be distributed to regular and alternate Commission members and other interested parties. Section 9:Disqualification from Voting A regular or alternate 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 regular and alternate members of the Commission will serve without compensation, except for reimbursement of authorized expenses attendant to the performance of their duties. 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 regular or alternate members on the Commission. Only a regular member of the Commission may chair a committee. Ex A Ordn 09-M-45.doc TSAC Bylaws Nov. 2009 - 3 - Section 12:Amendments These bylaws may be amended or changed by the City Council or by a majority vote of the Commission and approval by the City Council. * * * Ex A Ordn 09-M-45.doc TSAC Bylaws Nov. 2009 - 4 - Agenda No. 5 CITY COUNCIL MEMORANDUM City Council Meeting: November 24, 2009 Department: City Attorney Subject:Ordinance No. 09-M-46 - Elimination of Citizens Advisory Committee (First reading) BACKGROUND A Citizens Advisory Committee was created in 1976 by Chapter 2, Article II, of the Code of Ordinances, with eighteen members to be appointed by the City Council to make recommendations to the City Council on matters referred to it by the City Council. The Committee is dormant and not being utilized by the City Council, is not expected to be utilized, and the City Council has determined to eliminate such Committee. FISCAL IMPACT None RECOMMENDATION Approval, on first reading, of Ordinance No. 09-M-46 ATTACHMENT Ordinance No. 09-M-46 CCM Ordn 09-M-46.doc ORDINANCE NO: 09-M-46 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE CODE OF ORDINANCES OF THE CITY BY DELETING CHAPTER 2, ARTICLE II, CITIZENS ADVISORY COMMITTEE. WHEREAS, the Citizens Advisory Committee was created in 1976 by Chapter 2, Article II of the Code of Ordinances, with eighteen members to be appointed by the City Council to make recommendations to City Council on matters referred to it by the City Council; WHEREAS, the Committee is currently dormant and not being utilized by the City Council, and is not expected to be utilized; and WHEREAS , the City Council desires to delete Chapter 2, Article II of the Code of Ordinances, City of Schertz, Texas to eliminate the Citizens Advisory Committee. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: I. Chapter 2, Article II, Citizens Advisory Committee, of the Code of Ordinances, City of Schertz, Texas is hereby deleted. 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. III. This Ordinance shall be in force and effect from and after its final passage and any publication required by law. [The remainder of this page intentionally left blank.] -1- Ordn No. 09-M-46.doc th PASSED AND APPROVED on first reading the 24 day of November, 2009. PASSED AND FINALLY APPROVEDon second and final reading the ___ day of _________, 2009. Mayor ATTEST: City Secretary [CITY SEAL] -2- Ordn No. 09-M-46.doc Agenda No. 6 CITY COUNCIL MEMORANDUM City Council Meeting: November 24, 2009 Department: City Attorney Subject: Resolution No.?s 09-R-59 and 09-R-60 - Library Advisory Board and Schertz Historical Preservation Committee: Alternate Members BACKGROUND The City Council has previously established the Library Advisory Board and the Schertz Historical Preservation Committee. City Council has expressed the desire to provide for two alternate positions on certain City advisory groups, including the Library Advisory Board and the Schertz Historical Preservation Committee. The attached Resolutions amend the Resolutions authorizing the Library Advisory Board and the Schertz Historical Preservation Committee. FISCAL IMPACT None RECOMMENDATION Approval,on a single motion, of Resolution Nos. 09-R-59 (Library Advisory Board) and 09-R-60 (Schertz Historical Preservation Committee) ATTACHMENTS Resolution No. 09-R-59 Resolution No. 09-R-60 CCM Resols 09-R-59 and 09-R-60.doc RESOLUTION NO. 09-R-59 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS CREATING TWO ALTERNATE MEMBER POSITIONS ON THE SCHERTZ LIBRARY ADVISORY BOARD, AND RELATED MATTERS WHEREAS, the Schertz Library Advisory Board (the ?Library Advisory Board?) was established by the City Council of the City of Schertz (the ?City?) pursuant to Resolution No. 78-R-1, as amended by Resolution No. 80-R-11, with twelve voting members and no alternate members; WHEREAS, the City Council desires to provide for two alternate members on certain City advisory groups, including the Library Advisory Board. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: SECTION 1.(a) The City Council hereby creates two alternate member positions on the Library Advisory Board. Such persons shall be appointed by the City Council and shall be designated as Alternate No. 1 and Alternate No. 2. (b)Alternate members shall be entitled to receive notice of all Board meetings. Alternate members may comment on matters coming before the Board 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 Board of up to two regular members, alternate members who are present (in alternating order if there is only one regular member absent) shall, for such meeting, be counted toward a quorum, vote, and have all other rights of the absent regular members (except any absent regular member?s office on the Board). If the regular member for whom an alternate member is serving subsequently arrives at the meeting, he or she shall not participate in such meeting, and the alternate member shall continue to serve until the conclusion of such meeting. (d)The City Council may remove a regular member or alternate member of the Board at any time, with or without cause. (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 Board as a regular or alternate member. SECTION 2.The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. 1 Resol 09-R-59.doc SECTION 3.All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. SECTION 4.This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 5.If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. SECTION 6.It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. SECTION 7.This Resolution shall be in force and effect from and after its final passage, and it is so resolved. [The remainder of this page intentionally left blank.] 2 Resol 09-R-59.doc PASSED AND ADOPTED, this 24th day of November, 2009. CITY OF SCHERTZ, TEXAS Mayor ATTEST: City Secretary (CITY SEAL) S-1 Resol 09-R-59.doc RESOLUTION NO. 09-R-60 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS CREATING TWO ALTERNATE MEMBER POSITIONS ON THE SCHERTZ HISTORICAL PRESERVATION COMMITTEE, AND RELATED MATTERS WHEREAS, the Schertz Historical Preservation Committee (the ?Historical Preservation Committee?) was established by the City Council of the City of Schertz (the ?City?) pursuant to Resolution No. 06-R-29, as amended by Resolution No. 06-R-35, with fourteen voting members, but with no alternate members; WHEREAS, the City Council desires to provide for two alternate members on certain City advisory groups, including the Historical Preservation Committee. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: SECTION 1.(a)The City Council hereby creates two alternate member positions on the Historical Preservation Committee. Such persons shall be appointed by the City Council and shall be designated as Alternate No. 1 and Alternate No. 2. (b)Alternate members shall be entitled to receive notice of all Committee meetings. Alternate members may comment on matters coming before the Committee 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 Committee of up to two regular members, alternate members who are present (in alternating order if there is only one regular member absent) shall, for such meeting, be counted toward a quorum, vote, and have all other rights of the absent regular members (except any absent regular member?s office on the Committee). If the regular member for whom an alternate member is serving subsequently arrives at the meeting, he or she shall not participate in such meeting, and the alternate member shall continue to serve until the conclusion of such meeting. (d)The City Council may remove a regular member or alternate member of the Committee at any time, with or without cause. (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 Committee as a regular or alternate member. SECTION 2.The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. 1 Resol 09-R-60.doc SECTION 3.All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. SECTION 4.This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 5.If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. SECTION 6.It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. SECTION 7.This Resolution shall be in force and effect from and after its final passage, and it is so resolved. [The remainder of this page intentionally left blank.] 2 Resol 09-R-60.doc th PASSED AND ADOPTED, this 24 day of November, 2009. CITY OF SCHERTZ, TEXAS Mayor ATTEST: City Secretary (CITY SEAL) S-1 Resol 09-R-60.doc Agenda No. 7 CITY COUNCIL MEMORANDUM City Council Meeting: November 24, 2009 Department: Engineering / Public Works Subject:Ordinance No. 09-D-47- Recommendation toamend speed limit sign on Doerr Lane to (First Reading) 35 mph. BACKGROUND As part of the 2006 Bond Election, Doerr Lane has recently been upgraded from 24 foot roadway to 42 feet in width with curb and gutter. As a result of these improvements, and in keeping with the lateral circulation in the business/industrial park area it is recommended that the speed limit on the entirety of Doerr Lane be raised to 35 mph. FISCAL IMPACT The Fiscal Impact will be $30.00 Proposed FY 2009-2010 budget, Account number: 101-359- 551600 ? Street Maintenance. RECOMMENDATION Staff recommends Council approval to establish a speed limit and place signs on Westchester Drive thus amending ordinance Section 86-115 Maximum Limits Generally. ATTACHMENT Ordinance No. 09-D-47 Exhibit for Doerr Lane City Council Memorandum Page 2 ORDINANCE NO. 09-D-47 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 ON SPECIFIC STREETS; AND PROVIDING.A REPEALING CLAUSE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: SECTION I THAT, Chapter 86-115 of the Code of Ordinances, City of Schertz, Texas be amended to add the following: *Sec. 86-115. Maximum Speed limits generally. Street Extent Speed Limits Doerr Lane Tri-County Parkway to City Limits 35 MPH SECTION II THAT, all Ordinances or parts of Ordinances in conflict with this Ordinance are hereby repealed. APPROVED on first reading the 24th day of November, 2009. PASSED, APPROVED AND ADOPTEDthis the ______day of __________, 2009 . ___________________________________ Mayor, City of Schertz, Texas ATTEST: ______________________________ City Secretary, City of Schertz City Council Memorandum Page 3 Agenda No. 8 CITY COUNCIL MEMORANDUM City Council Meeting: November 24, 2009 Department: Economic Development Subject: EDC Strategic Plan Update BACKGROUND On October 8, 2009, the SEDC board of directors approved a contract between TIP Strategies, Inc. and the SEDC to provide an update to the 2006 strategic plan. Through 2005 and the early part of 2006, the City and SEDC, with the guidance of TIP Strategies, underwent a comprehensive economic development strategy planning process (CEDS). The entire strategy can be found here: http://www.schertz.com/pdfs/EDC/City%20of%20Schertz%20Comprehensive%20E conomic%20Development%20Strategy_FINAL.pdf Staff has used the CEDS as a planning tool ever since but feels that a five year update is warranted because of the dramatic changes in the regional, national and international economies. SEDC wants to be sure that it is pursuing the right strategies and opportunities. The intent behind the planning effort is to use the recently adopted City Council plan and translate this broad framework into a concrete economic development plan. TIP Strategies will also facilitate a joint workshop with members of Council, EDC and Planning & Zoning commission to present findings from the first three steps of Exhibit A and provide recommendations as to how best achieve these goals. FISCAL IMPACT $30,000 to be paid by the SEDC RECOMMENDATION Staff recommends approval. ATTACHMENT TIP Strategies Consulting Agreement CONSULTING AGREEMENT This Consulting Agreement (the ?Agreement?) is entered into as of the last date TIP Strategies, Inc. shown below by and between (?Consultant?), and the Schertz Economic Development Corporation (?Client?). WHEREAS, the Client desires to retain Consultant to update Client?s economic development strategic plan. WHEREAS, the Consultantagrees to provide certain consulting services to the Client to assist with such endeavors. NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the sufficiency of which is hereby acknowledged, the parties agree to the following: 1) Consultant agrees to provide the services set forth in the Scope of Work attached hereto as Exhibit A. The estimated time frame for completion of the work as outlined in Exhibit A is three to four months from the signature date of this Agreement. 2) Client agrees to pay the sum of $30,000 for the services as outlined in Exhibit A. The sum of $15,000 (50% of project cost) shall be due upon execution of this Agreement. Thereafter, the balance of the fee shall be payable upon completion. Client also agrees to reimburse Consultant for travel and out-of-pocket expenses, not to exceed $2,500. 3) Either party may terminate this Agreement if: a. the non-terminating party shall be in default under any term, provision or condition of this Agreement and fails to cure such default within ten (10) days of receipt of written notice sufficiently describing the default; or b. either party shall file or have filed against it any proceeding under any bankruptcy, insolvency or other law affecting the enforceability of creditors? rights. 4) Client acknowledges that Consultant participates in, advises, and/or manages entities which may compete and conflict with the Client?s economic development interests. Notwithstanding such competing interests and potential conflicts, the Client acknowledges and agrees that such competition and conflicts are inherent and unavoidable, that the benefits which the Client receives by obtaining the services from Consultant outweigh the potential for such conflicts and that Consultant may continue to participate, advise, and/or manage such competing interests. TIP Strategies, Inc. ? Schertz Economic Development Corporation Consulting Agreement Page 1 of 4 11/19/2009 5) This Agreement shall be governed by Texas law. This Agreement is negotiated, executed and performed in Guadalupe County, Texas. Should any lawsuit be commenced which is related to this Agreement, it is agreed that such suit will be commenced in Guadalupe County, Texas. 6) Consultant is an independent contractor and will be solely responsible for any claims of its employees or subcontractors for their actions. In the event litigation becomes necessary with respect to a breach or alleged breach of any of the agreements contained herein, the party in whose favor final judgment shall be entered shall be entitled to recover from the other party all costs and expenses of suit, including reasonable attorneys? fees. 7) If any term or provision of this Agreement shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement shall not be affected thereby, and each provision of this Agreement shall remain valid and enforceable to the fullest extent permitted by law. 8) All notices and/or payments required by this Agreement must be in writing and sent by fax, hand delivery, overnight mail service or certified mail, return receipt requested, to the addresses set forth below or such other address as either party may designate in writing as the address for such notices. 9) Each party represents to the other party that it has (a) fully read and understands the terms of this Agreement, (b) had the opportunity to seek the assistance of its own legal advisor regarding this Agreement and its terms, (c) full legal authority to enter into this Agreement and has taken all necessary legal steps to obtain such authority, (d) equally participated in the negotiation and drafting of this Agreement, and (e) not relied upon any statement, representation or warranty not contained in this Agreement and/or the exhibits attached hereto. 10) This Agreement, including the attached exhibits listed herein, constitutes the entire agreement of the parties with respect to the subject matter hereof and may not be modified, amended or rescinded except by a written agreement signed by both parties. No oral agreements, representations or warranties have been made and/or relied upon. 11) This Agreement may be executed in multiple counterparts. 12) The obligations of the Client under the Agreement are subject to the approval thereof by the City Council of the City of Schertz in accordance with the requirements of Title 12, Subtitle C1, Texas Local Government Code, as amended, and the Articles of Incorporation and Bylaws of the Schertz Economic Development Corporation.If the Client is unable to obtain such approval, the Consulting Agreement shall not be effective. TIP Strategies, Inc. ? Schertz Economic Development Corporation Consulting Agreement Page 2 of 4 11/19/2009 ?CONSULTANT?: TIP STRATEGIES, INC. By:_______________________________________________ Name:_____________________________________________ Title:______________________________________________ Dated:________________, 2009 ADDRESS FOR NOTICE AND PAYMENT: th 106 E. 6 Street, Ste. 550 Austin, Texas 78701 ?CLIENT?: SCHERTZ ECONOMIC DEVELOPMENT CORPORATION By:____________________________________ Name:__________________________________ Title:___________________________________ Dated:________________, 2009 ADDRESS FOR NOTICE: 1400 Schertz Parkway Schertz, TX 78154 APPROVAL BY CITY OF SCHERTZ The obligations of the Client as set forth above were approved by the City Council of the City of Schertz in accordance with the requirements of law. EXECUTED the 24th day of November, 2009. CITY OF SCHERTZ By: Don Taylor, City Manager _____________________________________ TIP Strategies, Inc. ? Schertz Economic Development Corporation Consulting Agreement Page 3 of 4 11/19/2009 Exhibit A ? Scope of Work (1) Review available planning documents and information about Schertz related to economic development. This will include the previous strategic plan, any other studies or reports completed since the original plan, and information on activities and outcomes from EDC efforts. (2) Participate in a community assets tour, conduct a focus group meeting with area employers, and interview Schertz Economic Development Corporation and other city staff to gain an understanding of the community?s economic development efforts. (3) Update economic and demographic data on Schertz and how the area compares to the region, state, and nation. (4) Participate in a joint planning workshop with the EDC, council and planning board at which time TIP will present findings from the initial tasks. (5) Prepare a one-hour presentation for the board on: a. current trends in economic development and implications of the current economic crisis b. findings from tasks one, two, and three above c. the consultants impressions of economic development challenges and opportunities (6) Facilitate a three hour retreat (following the presentation from task four) with the board and staff to include the following: a. board and staff input on Schertz?s economic development strengths, weaknesses, opportunities, and threats, b. discussion of economic development goals and potential strategies, and c. discussion of next steps. Prepare an updated strategic economic development plan based on the findings and worksteps above. This will include an economic development vision, supporting strategies, and an implementation table. The implementation plan will include specific actions, responsible parties, timeframes, and estimated budget. TIP Strategies, Inc. ? Schertz Economic Development Corporation Consulting Agreement Page 4 of 4 11/19/2009 Agenda No. 9 CITY COUNCIL MEMORANDUM/RESOLUTION City Council Meeting: November 24, 2009 Department: Engineering Subject: RFQ # 09-ENG-29-S-01 ? Request for Qualifications: Engineering Design Services BACKGROUND As part of the effort to provide consistency with City Contracts, a Request for Qualifications ? Engineering Design Services, was published and responses were received from twenty-two (22) firms on August 13, 2009. The firms were graded by a committee consisting of an Assistant City Manager, the City Engineer, the Public Works Director, and the Purchasing Manager. Three firms were selected to perform ?on-call? design services. These firms will be contracted for a two year term. The firms selected were: Vickery and Associates Professional Engineering Design Group Ford Engineering, Inc. As a result of this action, Resolution 7-R-26, passed 26 June 2007 and authorizing Professional Services City Engineering arrangements with Don McCrary and Associates, Ford Engineering Inc., and Professional Engineering Design Group is rescinded. FISCAL IMPACT Fees for Professional Engineering Services will be established and paid out of the budget for the projects assigned. RECOMMENDATION The City Engineer and staff recommends that Council authorizes the City Manager to contract with Vickery and Associates, Professional Engineering Design Group and Ford Engineering Inc., for Engineering Design Services as needed for a two year term. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ: Staff recommendations that the above stated are hereby approved and authorized. PASSED AND APPROVED at a regular meeting of the City Council of the City of Schertz, Texas this 24th day of November, 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 ATTEST: __________________________ Brenda Dennis, City Secretary