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12-15-2009 SCHERTZ CITY COUNCIL REGULAR SESSION MUNICIPAL COMPLEX COUNCIL CHAMBERS 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 AGENDA TUESDAY, DECEMBER 15, 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. NEW EMPLOYEE INTRODUCTION Parks Department PRESENTATION Presentation and Discussion by Yolanda Suarez regarding the need of an indoor swimming facility. Presentation and Discussion by Oryx Development, LLC regarding a proposed Schertz Senior Multifamily Project. (G. Antuna) 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 December 8, 2009. Ordinance No. 09-M- 45 2.- Transportation Safety Advisory Commission: Alternate Final reading Members; removal and appointment of members. (M. Spain) ïîóïëóðç ݱ«²½·´ ß¹»²¼¿ Ordinance No. 09-M-42 3.- Consideration and/or action approving and ordinance amending Article V Section 86 of the Code of Ordinances regarding ?No Parking, First reading and final reading stopping or standing? and declaring an emergency. (S. Willoughby/L. Dublin) Resolution No. 09-R-61 4.- Consideration and/or action approving an Interlocal Agreement with Selma relating to the Wiederstein Road West Dietz Creek Bridge Structure. (S. Willoughby) SSLGC Board Member Appointments 5.-Consideration and/or action approving appointment of SSLGC Board Members. (Mayor) Appointment/Reappointment to Boards and Commissions/Committees 6.? Consideration and/or action regarding appointments/reappointments to the Library Advisory Board. (Council) Cancelling the December 22, 2009 City Council Meeting 7.? Consideration and/or action cancelling the December 22, 2009 Council meeting (D. Taylor) 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 8. Take any actiondeemed necessary as a result of the Executive Session. Requests and Announcements 9. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. 10. Requests by Mayor and Councilmembers to City Manager and Staff for information. 11. Announcements by Mayor and Councilmembers City and community events attended and to be attended City Council Committee and Liaison Assignments (see assignments below) Continuing education events attended and to be attended Recognition of actions by City employees Recognition of actions by community volunteers Upcoming City Council agenda items 12. Announcements by City Manager Recognition of City employee actions New Departmental initiatives ïîóïëóðç Ý·¬§ ݱ«²½·´ ß¹»²¼¿Ð¿¹»ó î ó 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 10th DAY OF DECEMBER 2009 AT 12:00 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 Councilmember FowlerCouncilmember Carpenter Interview Board for Boards and Commissions TIRZ II Board Hal Baldwin Scholarship Committee Mayor Pro- Tem ScagliolaCouncilmember Trayhan Animal Control Advisory Committee Audit Committee Interview Board for Boards and Commissions Hal Baldwin Scholarship Committee ïîóïëóðç Ý·¬§ ݱ«²½·´ ß¹»²¼¿Ð¿¹»ó í ó Agenda No. 1 CITY COUNCIL MEMORANDUM City Council Meeting: December 15, 2009 Department: City Secretary Subject: Minutes BACKGROUND On December 8, 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 December 8, 2009 minutes. ATTACHMENT Minutes 12-08-09 MINUTES REGULAR MEETING December 8, 2009 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on December 8, 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 Staff Present: City Manager Don Taylor Assistant City Manager John Bierschwale Assistant City Manager David Harris City Attorney Michael Spain City Secretary Brenda Dennis Councilmember Carpenter absent. CALL TO ORDER REGULAR MEETING Mayor Baldwin called the meeting to order at 6:30 p.m. INVOCATION AND PLEDGES OF ALLEGIANCE TO THE FLAGS OF THE UNITED STATES AND STATE OF TEXAS. Mayor Pro-Tem Fowler gave the invocation followed by the Pledges of Allegiance to the Flags of the United States and State of Texas. Mayor Baldwin recognized Commissioner Jim Wolverton who was in the audience this evening. Oath of Office A.Mayor Pro-Tem ? Consideration and/or action regarding the appointment of the Mayor Pro-Tem, term expired December 1, 2009. Mayor Baldwin to administer oath (David Scagliola) Mayor Baldwin administered the Oath of Office to newly appointed Mayor Pro-Tem Scagliola. Mayor Pro-Tem Scagliola acknowledged his wife Maria who was in the audience this evening. HEARING OF RESIDENTS Mr. Steve Layton, 12231 Lost Meadows Drive spoke regarding issues in Crescent Bend Nature Park, which include off road traffic and littering. Discussion and/or Action Items ïîóðèóðç Ó·²«¬»­ Minutes 1. - Consideration and/or action regarding the approval of the minutes of the Regular Meeting of December 1, 2009. Mayor Baldwin recognized Councilmember Fowler who moved, seconded by Councilmember Trayhan to approve the minutes of the regular meeting of Vote was unanimous.Motion Carried. December 1, 2009. Annexation 2. ? Conduct a public hearing by the City Council of the City of Schertz, Texas Relating to the Annexation of approximately 186.55 acres known as Crescent Bend Park, located North of Schaefer Road and East of the Lost Meadows Subdivision. (D. Harris/M. Sanchez) Mayor Baldwin recognized Development Services Director Michelle Sanchez who introduced this item stating thatthe property to be annexed is approximately 186 acres, and the operation of the annexed area, which is Crescent Bend Park, will be governed by an Interlocal Agreement with Bexar County. The City agreed with Bexar County that it will annex Crescent Bend Park, and on October 27, 2009, the City Council began the annexation process. The City Council must conduct two public hearings on the annexation: the first public hearing was held on December 1, and this is the second required public hearing. Ms Sanchez mentioned in recent research two additional lots were found and that these lots would be brought forward under a separate annexation item at a future date at the recommendation of the City Attorney. Mayor Baldwin opened the public hearing and recognized the following citizens who spoke: Steve Layton, 12231 Lost Meadows Drive As no one else spoke, Mayor Baldwin closed the public hearing. Annexation - 3. Conduct a Public Hearing by the City Council of the City of Schertz, Texas relating to the Annexation of the Cibolo Creek Municipal Authority properties of approximately 310.04 acres located West of and adjacent to Crescent Bend Park and West Lost Meadows Subdivision and North of Schaefer Road. (D. Harris/M. Sanchez) Mayor Baldwin recognized Development Services Director Michelle Sanchez who introduced this item stating that the property to be annexed is approximately 310 acres belonging to CCMA. CCMA has requested this annexation. On October 27, 2009, the City Council began the annexation process. The City Council must conduct two public hearings on the annexation: the first public hearing was held on December 1, and this is the second required public hearing. Mayor Baldwin opened the public hearing and as no one spoke, Mayor Baldwin closed the public hearing. ïîóðèóðç Ó·²«¬»­Ð¿¹»ó î ó 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. . Council did not meet in executive session Requests and Announcements 5. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. No requests given. 6. Requests by Mayor and Councilmembers to City Manager and Staff for information. No requests given. 7. Announcements by Mayor and Councilmembers City and community events attended and to be attended City Council Committee and Liaison Assignments (see assignments below) Continuing education events attended and to be attended Recognition of actions by City employees Recognition of actions by community volunteers Upcoming City Council agenda items Mayor Baldwin recognized Councilmember Fowler who stated he attended the following: Festival of Angels Event Friday, December 4, 2009 and Parks Board meeting Monday, December 7, 2009. Mayor Baldwin recognized newly elected Mayor Pro-Tem Scagliola who stated he attended the following: Ribbon cutting in Selma at GreenLink Tech.com Wednesday, December 2, 2009 and the Festival of Angels event Friday, December 4, 2009. Mayor Baldwin recognized Councilmember Trayhan who stated he attended the following: Festival of Angels event Friday, December 4, 2009 and thanked everyone involved for the success of the event. Mayor Baldwin also commented that the Festival of Angels event Friday was a great evening. ïîóðèóðç Ó·²«¬»­Ð¿¹»ó í ó 8. Announcements by City Manager Recognition of City employee actions New Departmental initiatives No announcements given. ADJOURNMENT As there was no further action, Mayor Baldwin adjourned the meeting at 6:56 p.m. ___________________________________ Hal Baldwin, Mayor ATTEST: ______________________________________ Brenda Dennis, TRMC, CMC City Secretary ïîóðèóðç Ó·²«¬»­Ð¿¹»ó ì ó Agenda No. 2 CITY COUNCIL MEMORANDUM City Council Meeting: December 15, 2009 Department: City Attorney Subject: Transportation SafetyAdvisory Commission: Alternate Members; Removal and Appointment of Members 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. All of those alternate positions are currently filled; however, regular member Ronald White has failed to regularly attend Commission meetings. City Council has expressed the desire to provide for two alternate positions on certain City advisory groups, including the Transportation Safety Advisory Commission. The chair of the Commission has recommended that Ronald White be removed from the Commission for failure to regularly attend Commission meetings and that alternate member Michael Goos be appointed to replace Mr. White. 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. The Ordinance also removes Ronald White as a regular member of the Commission and appoints Michael Goos to fill the remaining term of Mr. White. FISCAL IMPACT None RECOMMENDATION Adoption of final reading of Ordinance No. 09-M-45, ratify the removal of Ronald White as a regular member and appoint Michael Goos moving him from his current alternate position to regular member status. ATTACHMENT Ordinance No. 09-M-45 CCM Ordn 09-M-45.doc City Council Memorandum Page 2 Blacklined changes from first reading 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, REMOVING AND APPOINTING COMMISSION MEMBERS, 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; 1 Ordn 09-M-45.doc (4) Develop a transportation safety plan for the City; (5) Review all existing and proposed traffic ordinances; (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. 2 Ordn 09-M-45.doc (d) The City Council may remove a regular member or alternate member of the Commission 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 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. 3 Ordn 09-M-45.doc 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. 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. Regular Commission member Ronald White is hereby removed from the Commission for repeated failure to attend Commission meetings, and alternate Commission member Michael Goos is hereby appointed to fill Mr. White?s remaining term of office on the Commission. IV. 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. V. This Ordinance shall be effective from and after its final passage and any publication required by the City Charter. [The remainder of this page intentionally left blank.] 4 Ordn 09-M-45.doc th APPROVED on first reading the 24day of November, 2009. th PASSED, APPROVED AND ADOPTED this the 15 day of December, 2009. Mayor, City of Schertz, Texas ATTEST: City Secretary, City of Schertz (Seal of City) 5 Ordn 09-M-45.doc EXHIBIT A BYLAWS CITY OF SCHERTZ TRANSPORTATION SAFETY ADVISORY COMMISSION Purpose (1) The purposes of the Schertz Transportation Safety Advisory Commission are as follows: (a)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. Duties of the Commission (2) 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. (a)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. (b)Develop safety materials i.e.: brochures, profiles, fact sheets, and similar materials or information to be used for promotional activity, as needed. (c)Develop research materials needed for promotion of transportation safety. (d)Develop a transportation safety plan for the City of Schertz. (e)Review proposed traffic ordinances and make recommendations to City Council. (f)May participate in fact-finding trips, conferences, or seminars related to transportation safety. Appointment, Eligibility, Membership; Alternate Members (3) (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 6 Ordn 09-M-45.doc 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 or member of the Commission 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 Commission as a regular member or alternate. Term of Office and Organization (4) 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. Removal from Office (5) A regular member or alternate member may be removed from office by the City Council at any time with or without cause. 7 Ordn 09-M-45.doc Vacancies (6) 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. Staff Support and Funding (7) 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. Meetings and Quorums (8) 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. Disqualification from Voting (9) A regular or alternate member shall be disqualified from voting if he/she finds the following conditions to exist: (a)A personal or monetary interest exists on the project being discussed. (b)The member will be directly affected, personally or monetarily, by the outcome of the vote. Compensation (10) 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. Committees (11) 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 8 Ordn 09-M-45.doc members on the Commission. Only a regular member of the Commission may chair a committee. Amendments (12) 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. * * * 9 Ordn 09-M-45.doc Agenda No. 3 CITY COUNCIL MEMORANDUM City Council Meeting: December 15, 2009 Department: Public Works Subject:No Parking Ordinance BACKGROUND City staff has recommended that the City?s No Parking Ordinance be amended to specifically include that, in addition to no parking, there be no stopping or standing in no parking zones in designated locations. The attached Ordinance makes the definitional change in the No Parking Ordinance, designates particular locations where the change will be effective, and sets an effective date. FISCAL IMPACT None RECOMMENDATION Approval of Ordinance No. 09-M-42 in a single reading as an emergency ATTACHMENT Ordinance No. 09-M-42 Marked changes to Section 86-149 CCM Ordn 09-M-42.doc ORDINANCE NO. 09-M-42 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 ARTICLE V OF CHAPTER 86 REGARDING NO PARKING, STOPPING, OR STANDING; PROVIDING A REPEALING CLAUSE; PROVIDING AN EFFECTIVE DATE AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: SECTION I Article V of Chapter 86 of the Code of Ordinances, City of Schertz, Texas is hereby amended regarding no parking, stopping, or standing zones as follows: (a) Section 86-148 is hereby amended by deleting part (b) relating to no stopping, standing, or parking on a portion of Elbel Road and shall hereafter read as follows: Sec. 86-148. Parking for certain purposes prohibited. ? (a) No person shall park a vehicle upon any street for the principal purpose of: (1) Displaying such vehicle for sale. (2) Oil changes, greasing, or repairing such vehicle, except repairs necessitated by an emergency. (b) Parking in a 95-foot portion of the 500 block of Main Street shall be for no longer period of time than 15 minutes during the hours of 11:00 a.m. until 2:00 p.m., Monday through Saturday. (c) The portion of the 500 block of Main Street from the east curb line of Lindbergh Avenue, for 95 feet east on Main Street is hereby designated for limited parking and appropriate signs are authorized for placement.? (b) Section 86-149 is hereby amended to read as follows: Sec. 86-149. Parking prohibited. ? (a) When signs are erected giving notice thereof, no person shall park, stop, or stand a vehicle at any time upon any of the following streets or portions thereof: StreetExtent 30 feet on either side of exit from parking lot located between pavilion and Aero Avenue swimming pool Ordn 09-M-42.doc Street Extent Arroyo Seco Either side of the (3) islands between the posted "No Parking" signs Assembly Circle Entire length, either side Associates Entire length, either side Drive Aviation Either side from Main Street to Cibolo Creek Boulevard Castle Hill From a center point of the drainage ditch on the outer curve to a point 116.8 Drive and feet in both directions, or from a point of the drainage ditch on the inside Sherwin Drive curve to a point 110.1 feet in both directions West side from Brooks Avenue to Aviation Avenue and from Maple Drive Colony Drive to Marilyn Drive Corridor Entire length, either side Parkway CurtissEither side from Schertz Parkway to Westchester Dimrock North side from FM 3009 (Roy Richard Dr.) to Star Light Lane Dove Meadows Entire length, either side Dowman Street Entire length, west side East Live Oak Either side from Schertz Parkway to Farm to Market 3009 Road Elbel Road Either side from Farm to Market 3009 to Schertz Parkway Emerald Gate Entire length, either side Exchange North side from Schertz Parkway to Koch Street Avenue FairlawnEither side of the "calming circle" at 420 Fairlawn, between the posted "No AvenueParking" signs Farm to Market North side from Dietz Creek to Cibolo Creek Bridge 78 Farm to Market Either side from Farm to Market 78 to most northwesterly city limits 3009 First Street Either side from Farm to Market 78 to Main Street Guada Coma Entire length, either side Drive Inglewood South side from Savannah Drive to Wayward Pass Drive Ordn 09-M-42.doc Street Extent IH 35 Access Road East & Either side from city limits to city limits West LindberghEither side from Exchange Avenue to Aviation Avenue, West side from AvenueMain Street to Exchange Avenue Lindbergh East side 15 feet from intersection of Lindbergh Avenue and Main Street Avenue Lookout Road Northeast side from IH 35 to city limits North side within 15 feet of intersection of Main Street and Lindbergh Main Street Avenue Main Street North side from Lindbergh Avenue to Oak Street South side from Lindbergh Avenue to Aviation Boulevard; south side from Aviation Boulevard to Oak Street, except where otherwise posted; north side Main Street from First Street to east side of entrance to Bank; south side from First Street to east side of entrance to parking lot Main Street North side from Lindbergh Avenue to Curtiss Avenue Main Street North side for 65 feet west from Curtiss Avenue Main Street North side for 395 feet east from Oak Street Main Street South side from Lindbergh Avenue to Aviation Avenue Main Street South side from Aviation Avenue 300 feet west South side beginning 300 feet west of the intersection of Aviation Avenue to Main Street Oak Street during school hours From the intersection of East Live Oak Road to the westerly city limits, Maske Road either side South side of Mayfair Avenue, from the intersection of Cherry Tree Drive Mayfairand Mayfair Drive to the intersection of Wedgewood Drive and Mayfair Drive Oak Street Either side from Farm to Market 1518 to Marilyn Drive Parkfair Gate Entire length, either side Pecan Drive Either side from Colony Drive to Schertz Parkway Randolph Either side from Farm to Market 78 to Marilyn Drive Avenue Savannah Drive Entire length, either side Either side from Fm 78 to IH 35 Access Road Schertz Ordn 09-M-42.doc Street Extent Parkway Town Gate Entire length, either side Tri County The entire length of Tri County Parkway on the west side Parkway Triton Drive Entire length, either side Woodland Oaks Either side from eastern city limits to western city limits Drive Wuest Street Either side from intersection of First Street to western city limits. (b) Commercial vehicles in excess of one ton, recreational vehicles, trailer houses, camping trailers, livestock trailers, boats and boat trailers, or other trailers shall not be parked, or stored on any city street, right-of-way, alleyway or easement except for temporary parking by a customer in front of a commercial establishment. This shall not restrict the parking of a commercial vehicle for the purpose of loading and unloading. Notwithstanding the foregoing, the owner of a recreational vehicle may park such vehicle on a city street in front or on the side of the owner?s residence or a residence to which the owner is invited, for a period not to exceed three days in a calendar month. (c) No vehicle or auxiliary system of a vehicle left running shall be parked on any residential street between the hours of 8:00 p.m. and 8:00 a.m. (d) This provision is subject to stopping or standing required by other traffic regulations.? SECTION II Notwithstanding the effective date of this Ordinance set forth in Section IV below, until February 1, 2010, the City shall issue only warning citations for persons stopping or standing in the locations designated in Section 86-149 as amended by this Ordinance (excluding that portion of Elbel Road designated therein, where stopping or standing is currently prohibited). During such period, the City Manager shall use reasonable efforts to inform the public of the changes made in Section 86-149. SECTION III All ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed. SECTION IV Pursuant to Section 4.09(e) of the City Charter, by vote of not less than two-thirds of the members of the City Council present at the meeting at which this Ordinance was first considered, the City Council has determined that an emergency exists which requires immediate action, and this Ordinance is hereby adopted on a single reading and shall be effective upon the date hereof and any publication required by law. Ordn 09-M-42.doc th day of December, 2009. PASSED, APPROVED AND ADOPTED this the 15 Mayor, City of Schertz, Texas ATTEST: City Secretary, City of Schertz Ordn 09-M-42.doc Sec. 86-149. Parking prohibited. , stop, or stand (a) When signs are erected giving notice thereof, no person shall park[] a vehicle at any time upon any of the following streets or portions thereof: TABLE INSET: [] StreetExtent 30 feet on either side of exit from parking lot located between pavilion and Aero Avenue swimming pool . Arroyo SecoEither side of the (3) islands between the posted "No Parking" signs Both sidesEntire length, either side Assembly Circle Both sidesEntire length, either side Associates Drive Aviation Either side from Main Street to Cibolo Creek Boulevard From a center point of the drainage ditch on the outer curve to a point 116.8 Castle Hill Drive . From, or from feet in both directions a point of the drainage ditch on the and Sherwin Drive inside curve to a point 110.1 feet in both directions West side from Brooks Avenue to Aviation Avenue and from Maple Drive Colony Drive to Marilyn Drive Corridor ParkwayBoth sidesEntire length, either side CurtissEither side from Schertz Parkway to Westchester Dimrock North side from FM 3009 (Roy Richard Dr.) to Star Light Lane botheithersidesside Dove MeadowsEntire length, The entireEntire of Dowman Street on the, of said length west side Dowman Street street to (Jack Hays East Live Oak Either side from Schertz Parkway to Farm Market 3009 RoadBlvd.) Elbel RoadEither side from Farm to Market 3009 to Schertz Parkway botheithersidesside Emerald Gate Entire length, Exchange Avenue North side from Schertz Parkway to Koch Street On eitherEither, side of the "calming circle" at 420 Fairlawn, between the Fairlawn Avenue posted "No Parking" signs to Farm Market 78North side from Dietz Creek to Cibolo Creek Bridge to Farm Market (Roy to 3009Either side from Farm Market 78 to most northwesterly city limits Richard Dr.) to First StreetEither side from Farm Market 78 to Main Street Guada Coma Both sidesEntire length, either side Drive SouthsideSouth side Inglewood Drive from Savannah Drive to Wayward Pass Both sidesEither sidelimitlimits from city to city limits IH 35 Access 1 50258265.2 StreetExtent Road East & West Either side from Exchange Avenue to Aviation Avenue, West side from Lindbergh Avenue Main Street to Exchange Avenue Lindbergh Avenue East side 15 feet from intersection of Lindbergh Avenue and Main Street Lookout RoadNortheast side from IH 35 to city limits North side within 15 feet of intersection of Main Street and Lindbergh Main Street Avenue Main StreetNorth side from Lindbergh Avenue to Oak Street . Parking will be South side from Lindbergh Avenue to Aviation Boulevard permitted on; of Main Street south side from Aviation Boulevard to Oak . North; north Main StreetStreet, except where otherwise posted side from First Street . South; south to east side of entrance to Bank side from First Street to east side of entrance to parking lot Main StreetNorth side from Lindbergh Avenue to Curtiss Avenue for Main StreetNorth side 65 feet west from Curtiss Avenue for Main StreetNorth side 395 feet east from Oak Street Main StreetSouthside from Lindbergh Avenue to Aviation Avenue Main StreetSouth side from Aviation Avenue 300 feet west South side beginning 300 feet west of the intersection of Aviation Avenue Main Street to Oak Street during school hours From the intersection of East Live Oak Road to the westerly city limits Maske Road when signs are postedeither side South side of Mayfair Avenue, from the intersection of Cherry Tree Drive Mayfairand Mayfair Drive to the intersection of Wedgewood Drive and Mayfair Drive to Oak StreetEither side from Farm Market 1518 to Marilyn Drive botheithersidesside Parkfair GateEntire length, Pecan DriveEither side from Colony Drive to Schertz Parkway to Randolph AvenueEither side from Farm Market 78 to Marilyn Drive Both sidesEntire length, either side Savannah Drive Schertz ParkwayEither side from Fm 78 to IH 35 Access Road botheithersidesside Town GateEntire length, Tri County of said street The entire length of Tri County Parkway on the west side Parkway Triton DriveBoth sidesEntire length, either side Woodland Oaks Easterneastern Either side from city limits to western city limits Drive westwestern Wuest StreetEither side from intersection of First Street to city limits. 2 50258265.2 __________ [] (b) Commercial vehicles in excess of one ton, recreational vehicles, trailer houses, camping trailers, livestock trailers, boats and boat trailers, or other trailers shall not be parked, or stored on any city street, right-of-way, alleyway or easement except for temporary parking by a customer in front of a commercial establishment. This shall not restrict the parking of a commercial vehicle for the purpose of loading and unloading. Notwithstanding the foregoing, the owner of a recreational vehicle may park such vehicle in front or on the side of the owner?s residence or a residence to on a city street [ which the owner is invited, ]for a period not to exceed three days in a calendar month. (c) No vehicle or auxiliary system of a vehicle left running shall be parked on any residential street between the hours of 8:00 p.m. and 8:00 a.m. (Ord. No. 95-D-36, § 18-91, 11-21-1995; Ord. No. 99-D-26, § 1, 9-7-1999; Ord. No. [ 05-D-14, § I, 4-5-2005; Ord. No. 97-D-25, § I, 9-16-1997; Ord. No. 05-D-29, § II, 6- 21-2005; Ord. No. 06-D-37, § 1, 8-1-2006; Ord. No. 06-D-50, § 1, 10-17-2006; Ord. No. 06-D-52, § I, 10-17-2006; Ord. No. 07-D-02, § I, 1-2-2007; Ord. No. 08-D-52, § I, 12-9-2008; Ord. No. 09-D-30, § I, 7-28-2009) ] (d) This provision is subject to stopping or standing required by other traffic [ regulations. ] 3 50258265.2 Agenda No. 4 CITY COUNCIL MEMORANDUM City Council Meeting: December 15, 2009 Department: Public Works Subject:Interlocal Agreement with Selma BACKGROUND The City is building a new bridge class structure on Wiederstein Road where it crosses Jupe Lane and Ike Lane in the Live Oak Hills Subdivision. The structure will be entirely within Schertz but will serve the citizens of Schertz and Selma, and City staff has discussed construction cost sharing with Selma, which would be documented through an Interlocal Agreement. Schertz will pay the remaining construction costs (approved by the City Council in a construction contract dated December 3, 2009) and ongoing maintenance costs. FISCAL IMPACT Pursuant to the Interlocal Agreement, Selma will pay $143,053.10 (1/2 of the bid amount, exclusive of change orders) of the construction cost of the structure. RECOMMENDATION Approval of Resolution No. 09-R-61 ATTACHMENT Resolution No. 09-R-61, with Interlocal Agreement attached CCM Resol 09-R-61.doc RESOLUTION NO. 09-R-61 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN INTERLOCAL AGREEMENT WITH THE CITY OF SELMA, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the ?City?) recommends that the City enter into an Interlocal Agreement with the City of Selma relating to construction cost sharing regarding a new bridge class structure that will be owned by the City but that will serve the citizens of Schertz and Selma; and WHEREAS, the City Council has determined that it is in the best interest of the City to contract with Selma pursuant to the Interlocal Agreement attached hereto as Exhibit A (the ?Agreement?). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1.The City Council hereby authorizes the City Manager to execute and deliver the Agreement with Selma in substantially the form set forth on Exhibit A. 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. 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. Resol 09-R-61.doc th day of December, 2009. PASSED AND ADOPTED, this 15 CITY OF SCHERTZ, TEXAS Mayor ATTEST: City Secretary (CITY SEAL) Resol 09-R-61.doc EXHIBIT A INTERLOCAL AGREEMENT A-1 Resol 09-R-61.doc INTERLOCAL AGREEMENT FOR CONSTRUCTION OF BRIDGE CLASS STRUCTURE This Interlocal Agreement (this ?Agreement?) is entered into on this the ____ day of THE CITY OF SELMA December, 2009 between , acting by and through its City THE CITY OF SCHERTZ Administrator, hereinafter referred to as ?Selma?, and , acting through its City Manager, hereinafter referred to as ?Schertz? (Schertz and Selma are together herein referred to as the ?Parties?): WHEREAS, a channel improvement project is under construction by Schertz as indicated in the attached Exhibit A, which is incorporated herein for all purposes; and WHEREAS, these improvement will remove the low water crossing that exists thereby prohibiting passage of traffic across the channel; and WHEREAS, the Parties jointly desire and agree to pay for the construction of a new bridge class structure at the area described on Exhibit A; and th WHEREAS, Schertz, on or about the 10 day of November, 2009, contracted for the construction of the bridge class structure pursuant to the agreement attached hereto as Exhibit B, which is incorporated herein for all purposes; and WHEREAS, it is the desire of the Parties that Selma pay the sum of $143,053.10 in accordance with Exhibit C hereto and incorporated herein for all purposes, reflecting a portion of the cost of the bridge improvements; NOW, THEREFORE, the Parties agree as follows: 1.It is agreed that the Parties jointly desire and agree to pay for the construction of the new bridge class structure at the area as described on Exhibit A; 2.It is agreed that Schertz contracted for the construction of the new bridge class structure as described in Exhibit B; 3.It is agreed that it is the desire of the Parties that Selma pay Schertz the sum of $143,053.10 in accordance with Exhibit C; provided, Selma shall not be responsible for any increased construction costs of the structure; 4.It is agreed that, upon completion of the new bridge class structure, Schertz shall own the new bridge class structure and Schertz will at its sole cost and expense maintain the new bridge structure for the benefit of the citizens of Schertz and Selma; 5.It is further agreed by the Parties that should the project not be completed due to the fault of the contractor or it becomes necessary to bring a suit against the contractor for any purpose, each of the Parties shall be entitled to receive its pro- rata share (based on actual construction-related expenditures by the Parties) of the net proceeds collected; - 1 - Resol 09-R-61 Exhibit A.doc 6.Selma and Schertz each agrees that this Agreement has been approved by its City Council and that the undersigned officer is authorized to execute this Agreement on its behalf. 7.The Parties agree that this Agreement is entered into pursuant to the Interlocal Cooperation Act, Texas Government Code Section 791.011, as amended; and 8.This Agreement shall be binding upon the Parties, their successors and assigns and shall be performable in Guadalupe County, Texas, and shall be construed in conformance with the laws of the State of Texas. IN WITNESS THEREOF, the Parties have executed this Agreement in the year and day first above written. CITY OF SELMA CITY OF SCHERTZ By: By: City Administrator City Manager - 2 - Resol 09-R-61 Exhibit A.doc Agenda No. 5 CITY COUNCIL MEMORANDUM/RESOLUTION City Council Meeting: December 15, 2009 Department: Mayor/Council Subject:Schertz Seguin Local Government Corporation Board Appointment BACKGROUND A board position will become vacant when President Syd Bauer leaves after serving his five-year term. December 2009 will be his last board meeting. The City of Schertz is responsible for appointing the new board member (the cities alternate appointment). The City recommends appointing Kenneth Greenwald as the City of Schertz appointment. Mr. Greenwald has over 20 years experience in the City Water Development and a past member of the Schertz Seguin Local Government Corporation. FISCAL IMPACT None RECOMMENDATION Staff recommends Council appoint Kenneth Greenwald as the City of Schertz appointment to the Schertz Seguin Local Government Corporation. 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 15th day of December, 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 Agenda No. 6 CITY COUNCIL MEMORANDUM City Council Meeting: December 15, 2009 Department: City Council Subject: Boards and Commissions Appointments/reappointments BACKGROUND The City Council will consider action regarding the reappointments of current members and appointment of alternate members to the Library Advisory Board as a result of interviews conducted on December 10, 2009. FISCAL IMPACT None RECOMMENDATION It is recommended that the City Council make the following reappointments to the Library Advisory Board and appointments of alternate members: Reappoint - Ruth Tienor, Pattie Lovelady, Mary McAlister, Laura Wilson and Margaret Riley (Regular Members) Appoint Roger Sturdy and Shonale Burke as alternate members to the Library Board ATTACHMENTS Applications: Regular: Ruth Tienor, Pattie Lovelady, Mary McAlister, Laura Wilson and Margaret Riley Alternate: Roger Sturdy, Shonale Burke Agenda No. 7 CITY COUNCIL MEMORANDUM/RESOLUTION City Council Meeting: December 15, 2009 Department: Administration Subject:Cancellation of the December 22, 2009 Meeting BACKGROUND City Manager will discuss with City Council the possibility of cancelling the December 22, 2009 meeting. FISCAL IMPACT None RECOMMENDATION Staff recommends Council approval of cancellation of the December 22, 2009 City Council meeting. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ: That the above stated recommendation be approved. PASSED AND APPROVED at a regular meeting of the City Council of the City of Schertz, th Texas this 15 day of December, 2009, 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 ATTEST: ____________________________________ Brenda Dennis, TRMC, CMC City Secretary