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06-03-2008 AgendaSCHERTZ CITY COUNCIL REGULAR SESSION MUNICIPAL COMPLEX COUNCIL CHAMBERS 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 CALL TO ORDER INVOCATION AND PLEDGES OF ALLEGIANCE TO THE FLAGS OF THE UNITED STATES AND STATE OF TEXAS. REGULAR SESSION 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 S minutes. The presiding officer, during the Hearing of Residents portion of the agenda, will call on those persons who have signed up to speak in the order they have registered. Council cannot discuss or debate any issue brought forth at this time, nor can any formal action be taken, as it is not a posted agenda item in accordance with the open meetings law. PRESENTATIONS • Proclamation — City of Schertz Public Library "30th Year Anniversary" (Mrs. Ruth Tienor, Chair Library Advisory Board) ANNOUNCEMENTS • General Announcements on meetings /events attended and upcoming events (Council) • General Announcements on meetings /events attended and upcoming events (Mayor) REGULAR AGENDA 1. Minutes - Consideration and /or action regarding the approval of the minutes of the Regular Meeting of May 27, 2008. 2. Ordinance No. 08 -D -28 — Consideration and /or action approving an ordinance amending Section 18 -76, Maximum limits on Specifics Streets. (FM 3009) First Reading (F. Salazar with TxDot/J. Bierschwale) 3. Ordinance No. 08 -M -21 — Consideration and /or action renewing the City of Schertz Curfew Ordinance. Final Reading (S. Pulaski) 6 -03 -08 Council Agenda 4. Ordinance No. 08 -S -26 — SUP 2007 -011 - Consideration and /or action on a request for a Specific Use Permit (SUP) for lot 21 Block 2 of the Windy Meadows Subdivision consisting of approximately 1.0 acres of land located approximately 815 feet east of the intersection of FM -1518 and Windy Meadows Drive. This proposed commercial lot is currently zoned General Business District — 2 (GB -2) and is located within the Air Installation Compatible Use Zone (AICUZ). Final Reading (T. Rhodes/M. Nichols) 5. City of Schertz Visitor Center (Kramer House) - Discussion and consideration and /or action for approval of additional funding for City of Schertz Visitor Center (Kramer House). (G. Logan) 6. Ordinance No. 08 -G -29 — Consideration and /or action approving Ordinance No. 08 -G -29 repealing Ordinance No. 74 -G -38 setting the City Council compensation at Zero (0). First Reading (Mayor Baldwin) (Item placed back on agenda) DISCUSSION AND UPDATE AND POSSIBLE ACTION 7. Deer Haven Road Improvements - Discussion and consideration and /or action regarding Deer Haven Road Improvements. Q. Bierschwale) ANNOUNCEMENTS — CITY MANAGER AND STAFF • General Announcements on meetings /events attended and upcoming events EXECUTIVE SESSION Called under Section 551.071 Litigation, pending and /or contemplated litigation; Section 551.072 Texas Government Code - Deliberation regarding the purchase, exchange, sale, lease, or value of real property. Section 551.074 — Deliberate the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of the City Secretary. RECONVENE TO REGULAR SESSION 8. Take any action deemed necessary as a result of the Executive Session. ADJOURNMENT CERTIFICATION I, BRENDA DENNIS, CITY SECRETARY OF THE CITY OF SCHERTZ, TEXAS, DO HEREBY CERTIFY THAT THE ABOVE AGENDA WAS POSTED ON THE OFFICIAL BULLETIN BOARDS ON THIS THE 29th DAY OF MAY, 2008 AT 10:30 A.M. WHICH IS A PLACE READILY ACCESSIBLE TO THE PUBLIC 6 -03 -08 City Council Agenda Page - 2 - AT ALL TIMES AND THAT SAID NOTICE WAS POSTED IN ACCORDANCE WITH CHAPTER 551, TEXAS GOVERNMENT CODE. 7?�>revuolui �eww%s RENDA DENNIS, TRMC, CMC CITY SECRETAR 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 12008. 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. 6 -03 -08 City Council Agenda Page - 3 - COUNCIL ASSIGNMENTS Mayor Baldwin Councilmember Wilenchik Liaison - Schertz Seguin Local Government Corporation Investment Advisory Committee Liaison - Schertz Historical/Preservation Committee Liaison - Schertz Chamber of Commerce Interview Board for Boards and Commissions Liaison - Board of Adjustments Investment Advisory Committee Audit Committee ASA Commuter Rail District Board Interview Board for Boards and Commissions Liaison — TMZ II Board AACOG Advisory Committee AACOG Economic Development TML Board of Directors TML Municipal Revenue & Taxation Committee Councilmember Fowler Councilmember Carpenter Liaison - Schertz Economic Development Corporation Liaison - Library Advisory Board Liaison - Parks & Recreation Advisory Board Liaison - Planning and Zoning Commission Interview Board for the Boards and Commissions Liaison - 50th Year Anniversary Committee Liaison - Schertz Youth Commission Liaison — TMZ II Board Councilmember Scn iola Mayor Pro -Tem Trayhan Liaison - Transportation Safety Advisory Commission Liaison - Schertz Housing Authority Liaison - Schertz Humane Society Audit Committee Alternate Interview Board for Boards and Commissions Liaison — Schertz Sweetheart Court 6 -03 -08 City Council Agenda Page - 4 - CITY COUNCIL MEMORANDUM City Council Meeting: June 3, 2008 Department: Subject: BACKGROUND Administration Minutes Agenda No. 1 On May 27, 2008 a Regular Meeting of the City was held at the Municipal Complex Council Chambers, 1400 Schertz Parkway Building #4. FISCAL IMPACT None RECOMMENDATION Staff recommends Council approval of the May 27, 2008 minutes. ATTACHMENT Minutes 5 -27 -08 MINUTES REGULAR MEETING May 27, 2008 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on May 27, 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 Council Member Jim Fowler Council Member Tony Wilenchik Staff Present: City Manager Don Taylor Assistant City Manager John Bierschwale Council Member Michael Carpenter Absent CALL TO ORDER REGULAR MEETING Mayor Pro -Tem John Trayhan Council Member David Scagliola Assistant City Manager David Harris City Secretary Brenda Dennis 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. Council Member Fowler gave the Invocation followed by the Pledges of Allegiance to the Flags of the United States and State of Texas. HEARING OF RESIDENTS Mayor Baldwin recognized the following: • Ms. Frances Rushing, President of the Schertz Chamber announced the following: - May Chamber Luncheon - Friday, May 30, 2008 11:30 a.m. Schertz Civic Center Program: Presentation of James Shriver Scholarship They are honored to present Shriver Scholarship awards to three worthy young people. The Chamber will also be showcasing new members - O'Neill's Catering at the May Luncheon. Ribbon Cutting Vantage at Schertz Apartments— Thanked all that attended the Vantage at Schertz Ribbon cutting last week. The management at Vantage felt privileged to have everyone there and proud to be a part of the Schertz community. - 4th of July Jubilee - The Chamber is looking for volunteers for the 4th of July Jubilee. If you or anyone you know would be interested in volunteering for the event, please call the Chamber office at 210 -566 -9000. City Council Regular Meeting 181 May 27, 2008 • Mr. Robert Brockman, 1000 Elbel Road spoke on traffic signals and cell phones in school zones. PRESENTATION • Proclamation — Theater Department Samuel Clemens High School — Conference AAAA State Champions (Mayor Baldwin) Mayor Baldwin recognized Mrs. Lynette Spivey, Ms. Carol Hargraves, Mrs. Janis Dean and the students of the Theater Department; Mayor Baldwin read and presented a proclamation in recognition of their accomplishment. • Presentation of Teen Court Scholarships (D. Dullnig) Mayor Baldwin recognized Teen Court Coordinator Darrell Dullnig who introduced this item explaining the process; Mayor Baldwin and Darrell Dulling presented the scholarships recognizing and congratulating Eric Clayborne, Michael Hepburn and Kacy Kaiser. Kacy Kaiser presented the Council with a plaque to thank them for their support. • A presentation regarding the joint Regional Computer Aided Dispatch System (D. Harris) Mayor Baldwin recognized Assistant City Manager David Harris who gave a brief Power Point Presentation. ANNOUNCEMENTS Council General Announcements: Mayor Pro -Tem Trayhan • None Council Member Fowler • Stated that he enjoyed the recent EMS event, and that he attended the Northcliffe Swimming Pool opening. He mentioned that he would be attending a Texas Leadership meeting Thursday in Bastrop. Council Member Scagliola • Stated that he also attended the EMS event. He also attended the Deerhaven meeting last Wednesday, and mentioned that he recently saw the segment on the Grackle Fest on the San Antonio morning show. Council Member Wilenchik • Reminded everyone of the upcoming Doggy Dash this Saturday. Items by Mayor Mentioned that he attended the EMS event and banquet and stated that the event was a great success and very well attended. City Council Regular Meeting 182 May 27, 2008 REGULAR AGENDA 1. Minutes - Consideration and /or action regarding the approval of the minutes of the Regular Meeting of May 20, 2008. Mayor Baldwin recognized Council Member Fowler who moved, seconded by Council Member Scagliola approve the minutes of May 20, 2008 with corrections noted. Vote was unanimous. Motion Carried 2. Ordinance No. 08 -G -27 — Consideration and /or action approving Ordinance No. 08 -G -27 repealing Ordinance No. 74 -G -38 setting the City Council compensation at Zero (0). Final Reading (T. Wilenchik) Mayor Baldwin recognized Council Member Wilenchik who moved seconded by Mayor Pro -Tem Trayhan to approve Ordinance No. 08 -G -27 final reading. The vote was 2 -3 -0 with Council Members Fowler, Scagliola and Mayor Baldwin voting no and Council Member Wilenchik and Mayor Pro -Tem Trayhan voting for. Motion failetl, Mayor Baldwin asked that this item be placed on the next agenda due to the fact that Council Member Carpenter was absent. 3. Ordinance No. 08 -M -21 — Consideration and /or action renewing the City of Schertz Curfew Ordinance. First Reading (S. Pulaski) Mayor Baldwin recognized Warrant Officer Steve Pulaski and Judge Takas who introduced this item answering questions from Council. Mayor Baldwin recognized Mayor Pro -Tem Trayhan who moved, seconded by Council Member Scagliola to approve the Ordinance No. 08 -M -21 on first reading as presented. Vote was unanimous. Motion Carried 4. City of Schertz Visitor Center (Kramer House) - Discussion and consideration and /or action for approval of additional funding for City of Schertz Visitor Center (Kramer House). (G. Logan) This item was pulled. 5. Library Fund - Raising naming and honoring opportunities — Discussion and consideration and /or action regarding naming rights and fund - raising. (G. Douglas) Mayor Baldwin recognized Library Director Gail Douglas who introduced this item answering questions from Council. Mayor Baldwin recognized Mayor Pro -Tem Trayhan who moved, seconded by Council Member Scagliola to approve the request to allow the fund - raising committee to generate funds through naming opportunities. Vote was unanimous. Motion Carried City Council Regular Meeting 183 May 27, 2008 PUBLIC HEARINGS AND ORDINANCE APPROVAL 6. Ordinance No. 08 -S -26 — SUP 2007 -011 - Conduct a Public Hearing and consideration and /or action on a request for a Specific Use Permit (SUP) for Lot 21 Block 2 of the Windy Meadows Subdivision consisting of approximately 1.0 acres of land located approximately 815 feet east of the intersection of FM1518 and Windy Meadows Drive. This proposed commercial lot is currently zoned General Business District -2 (GB -2) and is located within the Air Installation Compatible Use Zone (AICUZ). First Reading (T. Rhodes/M. Nichols) Mayor Baldwin recognized Planner II, Misty Nichols who introduced this item answering questions from Council. Mayor Baldwin opened the public hearing; as no one spoke; Mayor Baldwin closed the public hearing. Mayor Baldwin recognized Mayor Pro -Tem Trayhan who moved, seconded by Council Member Fowler to approve Ordinance No. 08 -S -26 first reading. Vote was unanimous. Motion Carried BOARDS /COMMISSIONS 7. Resignations and /or Appointment/Reappointment to Boards and Commissions /Committees — Consideration and /or action regarding resignation and /or appointments /reappointments to Boards and Commission /Committees. • Carl C. Douglas — Resignation from the Economic Development Corporation Mayor Baldwin recognized Mayor Pro -Tem Trayhan who moved seconded by Council Member Scagliola to accept the resignation of Carl Douglas. Vote was unanimous. Motion Carried • Harry E. Whitney — Appointment Economic Development Corporation Mayor Baldwin recognized Mayor Pro -Tem Trayhan who moved seconded by Council Member Fowler to appoint Harry Whitney to the Economic Development Corporation. Vote was unanimous. Motion Carried ANNOUNCEMENTS — CITY MANAGER AND STAFF • General Announcements on meetings /events attended and upcoming events Mayor Baldwin recognized Assistant City Managers John Bierschwale and David Harris who announced the following: • HEB and Valero Inter - connect are open • Reminder of "The Hop" Saturday night. City Council Regular Meeting 184 May 27, 2008 EXECUTIVE SESSION Called under Section 551.071 Litigation, pending litigation; Section 551.072 Texas Government Code - Deliberation regarding the purchase, exchange, sale, lease, or value of real property. Mayor Baldwin adjourned regular meeting to executive session at 7:45 p.m. RECONVENE TO REGULAR SESSION Mayor Baldwin reconvened regular meeting at 8:25 p.m. 8. Green Valley Special Utility District — Consideration and /or action regarding legal action concerning the Green Valley Special Utility. (M. Spain) No action taken. 9 Take any additional action deemed necessary as a result of the Executive Session. No action taken. ADJOURNMENT As there was no further action, Mayor Baldwin adjourned the meeting at 8:26 p.m. Hal Baldwin, Mayor ATTEST: Brenda Dennis, TRMC, CMC City Secretary City Council Regular Meeting 185 May 27, 2008 Agenda No. 2 CITY COUNCIL MEMORANDUM City Council Meeting: June 3, 2008 Department: Administration Subject: Ordinance No. 08 -D -28 — Temporary construction speed zone reduction for a one - half mile section of FM 3009. First Reading BACKGROUND On May 19, 2008 the City of Schertz received a letter from the Texas Department of Transportation TxDOT) requesting a temporary speed limit reduction for a one -half mile section of FM 3009 in order to increase safety for an upcoming roadway construction project. The project consists of constructing two roadway bridges over the two U.P.R.R. tracks located between IH 35 and FM 2252. TxDOT is requesting the speed limit to be reduced from 55 mph to 45 mph, in both Northbound and Southbound directions, between Mile Point 22.657 and Mile Point 23.227. The project is scheduled to begin September 2008 it is estimated this project will take approximately 18 months. The speed limit reduction would be needed for the entire duration of construction. FISCAL IMPACT None RECOMMENDATION Staff recommends Council approve first reading of Ordinance No. 08 -D -28. ATTACHMENT Ordinance No. 08 -D -28 Letter from TxDOT ORDINANCE NO. 08 -D -28 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 18 -76, 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, Section 18 -76 of the Code of Ordinances, City of Schertz, Texas be amended to add the following: "Establish temporary construction speed zone reduction and posted speed will be for the duration of construction only at the following: Street Extent Speed Limit FM 3009 North and Southbound Directions 45 MPH" Between Mile Point 22.657 and Mile Point 23.227. SECTION II THAT, all Ordinances or parts of Ordinances in conflict with this Ordinance are hereby repealed. PASSED AND APPROVED ON FIRST READING THIS THE 3RD AY OF JUNE, 2008. PASSED AND APPROVED ON FINAL READING THIS THE DAY OF JUNE, 2008. ATTEST: Brenda Dennis, City Secretary 1 Hal Baldwin, Mayor go - Af Texas Department of Transportation P.O. BOX 29928 • SAN ANTONIO, TEXAS 78229 -0928 • (210) 615 -1110 May 19, 2008 City Manager Office of City Manager 1400 Schertz Parkway Schertz, TX 78154 Don E. Taylor, The Texas Department of Transportation (TxDOT) is requesting a temporary speed limit reduction for a one- half mile section of FM 3009 in order to increase safety for an upcoming roadway construction project. The project consists of constructing two roadway bridges over the two U.P.R.R. tracks located between IH 35 and FM 2252. TxDOT is requesting the speed limit to be reduced from 55 mph to 45 mph, in both Northbound and Southbound directions, between Mile Point 22.657 and Mile Point 23.227. The project is scheduled to let in September 2008 and construction should begin around November. The speed limit reduction would be needed for the entire duration of construction, approximately 18 months. Thank you in advance for your cooperation with this matter. If you have any questions regarding this request or need more information please contact me at (210) 615 -6107 or by email at fsal.aza@dot.state.tx.us. Sincerely, r� Fernando Salazar, P.E. Central Design Supervisor An Equal Opportunity Employer Agenda No. 3 CITY COUNCIL MEMORANDUM City Council Meeting: June 3, 2008 Department: Subject: BACKGROUND Police Ordinance No. 08 -M -21- Curfew Ordinance Final Reading Review and recommend any changes to the current curfew ordinance. Pursuant to the review from department staff and Municipal Court Judge Steve Takas of the curfew ordinance to reflect the possible changes: 1. Revise Section 2 (a) (4) relating to curfew and offenses to reflect possible changes to say traveling to or returning home, by the most direct route from a school, government sponsored, or religious activity. By adding by the most direct route the officer should know that if the juvenile is coming from HEB but is contacted near Scenic Lake and lives in Woodland Oaks the officer knows that is not the most direct route. 2. Revise Section 2 (a) (6) relating to curfew and offenses to reflect possible changes to say by the most direct route. By adding by the most direct route is the same reason as number 1. 3. Remove Section 2 (a) (8) stating the subject juvenile is lawfully exercising his or her fundamental rights (including, without limitation, First Amendment rights) protected by the United States Constitution and /or the Texas Constitution, including but not limited to the free exercise of religion, speech or assembly. The US Constitution and Texas Constitution guarantee this, however Political Subdivisions can regulate how and when. By leaving this in the ordinance it immediately gives a defense to prosecution to which a juvenile states he is out at 0200 Hrs. to practice religion. This is also covered in section 2 (a) (4). 4. Revise Section 3 (c) Enforcement Procedure to reflect the possible addition of knowingly. By the addition of Knowingly it eliminates the owner /operator simply stating they did not know they were allowing the juvenile to remain on the premises during the curfew hours. 5. Revise Section 4 (c) Penalties to reflect the possible addition of Judges may consider utilizing the community service program of the city. The addition of the word may will give the Municipal Court Judges more discretion when it comes time to adjudicate the case. 6. Remove Section 4 (c) Penalties by the possible removal of Judges are encouraged to consider utilizing the community service program of the city. This change coincides with number 5. City Council passed this on first reading at their meeting of May 27, 2008. FISCAL IMPACT None RECOMMENDATION Recommend approval of final reading. ATTACHMENT Ordinance # 08 -M -21 ORDINANCE NO. 08 -M -21 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ ESTABLISHING A CURFEW FOR JUVENILES UNDER SEVENTEEN YEARS OF AGE TO PROHIBIT BEING IN ANY PUBLIC PLACE DURING THE CURFEW PERIOD SET FORTH HEREIN; PROVIDING AN ENFORCEMENT PROCEDURE; ESTABLISHING CRIMINAL PENALTIES FOR JUVENILES AND FOR PARENTS OF JUVENILES; AND ADOPTING CERTAIN EXCEPTIONS. WHEREAS, the City Council ( "Council ") of the City of Schertz ( "City ") has determined through previous study that significant and disturbing increases are occurring in nocturnal juvenile violence, juvenile illicit gang activity, and other crimes by persons under the age of seventeen and are likely to continue in the City; and WHEREAS, the Council has determined that, although crime affects all persons, persons under the age of seventeen are peculiarly susceptible, due to their lack of maturity and experience, to the lure of their peers' and others' invitations to participate in illicit activities; and for this and other reasons, minors are particularly likely to either participate in or be victimized by unlawful gang - related activities and to be victims of older perpetrators of crime; and WHEREAS, the Council feels that, because of the foregoing and demonstrated need, having considered various alternatives, the City should implement new means to emphasize and provide for; the protection of juveniles from each other and from other persons; the encouragement and support of parental control of and responsibility for their children; the protection of the general public, including juveniles themselves from juvenile crime; and a reduction in the incidence and impact of juvenile criminal activities; and WHEREAS, the Council believes that the foregoing amply justifies, supports, and necessitates some citywide curfew for persons under seventeen years of age and that this Ordinance is a reasonable exercise of the Council's legislative and the City's police power in the best interests of the public health, safety, and general welfare which will help attain the foregoing objectives; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ: SECTION 1. Definitions. As used herein, the following terms shall have the meaning ascribed to them below: (a) "Bona Fide Emergency" shall include, but not be limited to, fire, explosion, natural disaster, manifest illness or injury, an automobile accident, or obtaining reasonably necessary medical care for another person. (b) "Guardian" shall mean any person to whom custody of a subject juvenile has been given by a court order. (c) "Knowingly" means actual awareness of the subject juvenile's act or actions and his or her intent to violate this Ordinance. (d) "Lawful Employment Activity" means a duty, function, or activity willingly engaged in by a subject juvenile within the course and scope of his or her lawful employment and for which the subject juvenile has a reasonable expectation of remuneration or other lawful and acceptable compensation. (e) "Juvenile" shall mean any unemancipated person under seventeen (17) years of age. (f) "Parent" shall mean: (1) a person who is the natural or adoptive parent of the subject juvenile; (2) a court- appointed guardian; or (3) any other person 18 years of age or older, authorized by court order or the subject juvenile's natural or adoptive parent or court appointed guardian to have the care and custody of the subject juvenile. (g) "Police Officer" means an individual employed by the City to keep the peace and enforce the City's and other relevant laws who is duly sworn and authorized to do so and to serve as a peace officer under the laws of the State of Texas. (h) "Public place" as defined by Texas Penal Code. (i) "Subject juvenile" shall mean any juvenile charged with violating this Ordinance. 0) "Lingering" means fail to leave the premises when requested to do so by an officer or the owner, operator, or other person in control of the premises. (k) "Establishment" means any privately owned place of business operated for a profit to which the public is invited, including, but not limited to, any place of amusement or entertainment. SECTION 2. Curfew and Offenses: A municipal juvenile curfew is hereby imposed within the incorporated limits of the City as follows: (a) It shall be unlawful for any juvenile not in the company of his or her parent to purposely remain, walk, run, stand, drive, or ride about in or upon any public place within the incorporated boundaries of the City between the hours of 11:30 p.m. and 5:30 a.m. Sunday evening through Friday morning or the hours between 1:00 a.m. and 5:30 a.m. on Saturday or Sunday mornings unless: (1) the subject juvenile is accompanied by one or more of his or her parents; (2) the subject juvenile is accompanied by another person eighteen (18) years of age or older with the approval of a parent of the subject juvenile; (3) the subject juvenile is engaged in a reasonably necessary response to a bona fide emergency; (4) the subject juvenile is traveling to or returning home, by the most direct route from a school, government sponsored, or religious activity. (5) the subject juvenile is engaged in a lawful employment activity or is going directly to or coming directly from lawful employment activity; (6) the subject juvenile is upon an errand directed or approved by his or her parent and traveling by the most direct route. (7) the subject juvenile is in a motor vehicle involved in intrastate or interstate transportation or transportation for which passage through the City's incorporated limits was the most direct route; (8) the subject juvenile is married or had been married or had disabilities of minority removed in accordance with Chapter 31 of the Texas Family Code. (b) It shall be unlawful for any parent having legal custody of a juvenile to knowingly encourage or consent to any act by the juvenile which would be in violation of the curfew imposed in Section 2(a) of this Ordinance. SECTION 3. Enforcement Procedure. (a) Upon finding a juvenile who is, for the first time, in violation of Section 2 of this Ordinance, any police officer shall determine the name and address of the subject juvenile and the name and address of his or her parent(s) or guardian(s). A warning notice ( "Notice ") shall be issued to the subject juvenile, and the Officer will attempt to contact parent(s) or guardian(s) and advise of the violation. A copy of the Notice and a letter shall be forwarded to the parent(s) or guardian(s) of the subject juvenile advising them of the fact that the subject juvenile was found in violation of this Ordinance and soliciting their cooperation in preventing further violations of this Ordinance by the subject juvenile. (b) Upon finding a juvenile in violation of Section 2, who has previously been found in violation of Section 2, any police officer shall issue the subject juvenile an appropriate citation and transfer the case to proper authorities (including the Municipal Court of the City, if applicable). In addition, a formal complaint, if indicated under the evidence, may be filed against the parent(s) or guardian(s) of the subject juvenile in Municipal Court for violation of Section 2(b) hereof. The Police Department shall file all necessary legal papers, supply all necessary documentation, and provide necessary testimony as required for pursuing violation of this ordinance by either the subject juvenile or by any parent or guardian thereof. (c) A class C citation will be issued to an owner /operator of an establishment that knowingly allows a juvenile to remain upon the premises of an establishment during curfew hours. SECTION 4. Penalties. (a) Any juvenile violating the provisions of this Ordinance for the third or greater time shall be guilty of a Class "C" misdemeanor as defined in the Texas Penal Code and shall be dealt with in accordance with the provisions of applicable state law, as amended from time to time. (b) Each parent or guardian violating this Ordinance shall be guilty of a misdemeanor, which shall be punishable by a fine of not less that $50.00 nor more than $500.00. (c) In assessing punishment for either a parent or a juvenile, the Municipal Court Judges may consider utilizing the community service program of the City. (d) A class C citation will be issued to an owner /operator of an establishment that knowingly allows a juvenile to remain upon the premises of an establishment during curfew hours. SECTION 5. Inconsistent Provisions. All ordinances, orders, or resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters contained herein. SECTION 6. Governing Law. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 7. Effect of Headings. The Section headings herein are for convenience only and shall not affect the construction hereof. SECTION 8. Severabilily. If any provision of this Ordinance or the application thereof to any circumstance shall be held to be invalid, the remainder of this Ordinance and the application thereof to other circumstances shall nevertheless be valid, and this City Council hereby declares that this Ordinance would have been enacted without such invalid provision. SECTION 9. Public Meeting. It is officially found, determined and declared that the meeting at which this Ordinance 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 Ordinance, was given, all as required by Texas Revised Civil Statutes Annotated Article 6252- 17, as amended. SECTION 10. Incorporation of Preamble Recitals. The recitals contained in the preamble to this Ordinance are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the City Council of the City of Schertz, Texas. SECTION 11. Effective Period. This Ordinance shall be in force and effect on and after , 20 , herein referred to as the "Effective Date ". SECTION 12. Prior to 3rd anniversary. From the effective date hereof, the City Manager shall prepare a report to the Council on the effectiveness of this Ordinance, problems in enforcement, and any suggestions for changes or additions which might be made in light of the City's experience. APPROVED on first reading the 27th day of May, 2008 PASSED, APPROVED AND ADOPTED this the day of , 2008. Hal Baldwin, Mayor Attest: Brenda Dennis, City Secretary Agenda No. 4 CITY COUNCIL MEMORANDUM City Council Meeting: June 3, 2008 Department: Subject: BACKGROUND Planning & Zoning Ordinance No. 08 -5 -26 - Consideration and /or action on a request for a Specific Use Permit (SUP) for Lot 21 Block 2 of the Windy Meadows Subdivision consisting of approximately 1.0 acres of land located approximately 815 feet east of the intersection of FM -1518 and Windy Meadows Drive. This proposed commercial lot is currently zoned General Business District — 2 (GB -2) and is located within the Air Installation Compatible Use Zone ( AICUZ). First Reading The commercial lot is affected by the AICUZ (APZ -1) and is required to obtain a Specific Use Permit (SUP) in the accordance with the Unified Development Code (UDC). The purpose of the SUP process for this project is to ensure compatibility with the Randolph Brooks AICUZ Study. ANALYSIS & DISCUSSION: PROPOSED USE: OFFICE /WAREHOUSE EXISTING USE / SITE ATTRIBUTES: UNDEVELOPED SPECIAL DISTRICT: THE SUBJECT PROPERTY IS LOCATED IN THE APZ -1 Providing: • This development will in no way cause damage or destruction to any protected or heritage trees. • No portion of the proposed development is affected by the 100 -year floodplain. • Access will be provided directly from existing Windy Meadows Drive. City Council approved this on first reading at their meeting of May 27, 2008. STAFF REVIEW ANALYSIS Staff has reviewed this Specific Use Permit for consistency with existing codes and ordinances. This Specific Use Permit appears to meet the requirements of the Unified Development Code. City Council Memorandum Page 2 The purpose of the Specific Use Permit process is to identify those uses which might be appropriate within a zoning district, but due to their location, functional or operational nature, could have a potentially negative impact upon surrounding properties; and to provide for a procedure whereby such uses might be permitted by further restricting or conditioning them so as to eliminate such probable negative impacts. The Planning and Zoning Commission may recommend to the City Council additional reasonable restrictions or conditions to carry out the spirit and intent of the UDC and to mitigate adverse effects of the proposed use. These requirements may include, but are not limited to, increased open space loading and parking requirements, suitable landscaping and additional improvements such as curbing and sidewalks. PUBLIC HEARING NOTICE The public hearing notice was published in The Daily Commercial Recorder on April 29, 2008 and the Herald on May 1, 2008. Nine (9) notices were mailed to surrounding property owners in the City of Schertz on April 30, 2008. Reply notices are as followed: Favor: None Opposed: None Undecided: None Return to Sender: None Citv Council schedule is as follows: DATE ITEM ACTION Tuesday, May 27, 2008 Zoning Public Hearing and First Reading of Ordinance. Tuesday, June 3, 2008 Zoning Final Reading of Ordinance. FISCAL IMPACT None RECOMMENDATION Pursuant to the recommendation of the Planning and zoning Commission, staff recommends Council approve Ordinance No.08 -S -26 on final reading. ATTACHMENT Provided in the May 27, 2008 Agenda packet. ORDINANCE NO. 08 -S -26 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE UNIFIED DEVELOPMENT CODE (UDC) ORDINANCE 96 -S -28 BY GRANTING A SPECIFIC USE PERMIT FOR APPROXIMATELY 1.0± ACRES OUT OF THE TORIBIO HERRERA SURVEY, ABSREACT NO. 153 MORE PARTICULARLY DESCRIBED AS LOT 21, BLOCK 2 OF THE WINDY MEADOWS SUBDIVISION, GUADALUPE COUNTY, SCHERTZ, TEXAS FOR COMMERCIAL USE IN THE AIR INSTALLATION COMPATIBLE USE ZONE (AICUZ), (APZ -1); PROVIDING AN EFFECTIVE DATE; AND PROVIDING A REPEALING CLAUSE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: THAT, UDC Ordinance No. 96 -S -28 of the City of Schertz, Texas is hereby amended in the following manner. SECTION I "Grant a Specific Use Permit for 1.0± acres out of the Toribio Herrera Survey Abstract No. 153, Guadalupe County, Schertz Texas, more particularly described as Lot 21, Block 2 of the Windy Meadows Subdivision in the specific use exhibit as attached hereto as Exhibit A, to allow for a commercial lot in the Air Installation Compatible Use Zone (AICUZ), (APZ -1)." SECTION II THAT, The Zoning District Map described and referred to in Article III, of the UDC, Ordinance 96 -S -28 shall be changed to reflect the above amendments. SECTION III THAT this Ordinance shall be effective from and after its final passage and any publication required by the City of Schertz. SECTION IV THAT all ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed. Approved on first reading the 27TH day of May, 2008. PASSED, APPROVED AND ADOPTED the day of , 2008. Attachment 4A ORD- SUP2007 -011A Windy Meadows [AICUZ] Lot 21 Block 2.doc Mayor, City of Schertz, Texas ATTEST: City Secretary, City of Schertz, Texas (SEAL OF THE CITY) Attachment 4A ORD- SUP2007 -011A Windy Meadows [AICUZ] Lot 21 Block 2.doc a 0�� �) PIN 1 � <1 01p P'��P c5c- /25 i Z �IQ. OA ue. 0d� LEGEND V1. i i i LO T 21 s NOTES: BASIS OF BEARING IS SOUTHEAST LINE OF WINDY MEADOWS DRIVE AS MONUMENTED ON THE GROUND. ALL FND. PINS ARE 1/2" REBAR THIS PROPERTY IS NOT IN THE 100 YEAR FLOOD PLAIN AS PER FEMA PANEL NO. 4802690015D, DATED JULY 17, 1995. r' Q6,. LO T 20 LOT 22 I c-3 e/ 0-1' EM EM = ELEC. METER WM = WATER METER OR = OFFICIAL RECORDS DR = DEED RECORDS M &PR = MAP AND PLAT RECORDS SURVEY OF LOT 21, BLOCK 2, WINDY MEADOW SUBDIVISION, CITY OF SCHERTZ, G UADAL UPE COUNTY, TEXAS, RECORDED IN VOLUME 5, PAGES 5OA- 51 A, MAP AND PLAT RECORDS, G UADAL UPE CO UNTY, TEXAS. MCMICHAEL LAND SURVEYING (830) 832 -6259 FAX (830) 606 -2843 EMAIL mcmichaellandsurveying ®juno.com ADDRESS 430 FM 306, NEW BRAUNFELS, TX 78130 P G � � / / / i i FND. .0 PIN Q 22 G LO OF �P�� r ..................... FRED L. McMICHAEL ......................... 0 3682 .._ STATE OF TEXAS : COUNTY OF COMAL• I, FRED L. McMICHAEL, DO HEREBY CERTIFY THAT THIS PLAT WAS PREPARED FROM AN ACTUAL SURVEY MADE ON ON THE GROUND AND UN E MY SUPERVISION. FRED L. McWCHAEL R.P.L.S. NO. 3682 SURVEYED: APRIL 17, 2008 PROJECT NO.: 8144 Agenda No. 5 CITY COUNCIL MEMORANDUM City Council Meeting: June 3, 2008 Department: Parks and Recreation Subject: Discussion: Discussion and action for additional funding for City of Schertz Visitor Center (Kramer House) BACKGROUND The City of Schertz Visitor Center (Kramer House) is in place, and ready for renovations to begin. A project sign has been erected on site, and plans are to have the Visitor Center completed by fall of 2008. The City requested the services of J. Mendenhall Architects Planners to complete the final design and renovation specifications for the Visitor Center. The design features include some key renovations of the Visitor Center to exhibit period architecture style of the early 1920's. Parking, signage, roofing, foundation repair, decking, historical display areas, ADA accessible restrooms, meeting space, office space and a small kitchenette make up the majority of the renovations needed to complete the center. In addition to the architectural design the Schertz Historical Society will install display cases, pictures and artifacts in the Visitor Center to portray the historic periods of Schertz in the early beginnings of the city forward to present day development. The City Council established a General fund Project Account in March of 2007 of $196,700 to purchase property and buy the Historic Kramer House. In further discussions, Pulte Homes requested the City of Schertz relocate the Kramer House. The City accomplished this house relocation in February of 2008. The Historic Kramer House was relocated to 1730 Schertz Parkway, located near the intersection of Schertz Parkway and Live Oak Road. The City has expended $56,197 on the Visitor Center to -date. The remaining balance in the project is $140,503. The City anticipates the cost from the Hotel -Motel Fund to renovate the Visitor Center will be approximately $456,000. The City needs an additional $315,497 appropriated from the Hotel Motel Fund to complete the Visitor Center renovations (see Project Budget below). Staff recommends that the funding for this renovation come from the Hotel -Motel Fund. FISCAL IMPACT $196,700 General Fund Account 56,197 Expended to -date $140,503 Balance in General Fund Project City Council Memorandum Page 2 Project Budget: $ 250,000 Renovation /Construction 35,000 Utility Connections 10,000 Water /Sewer Impact Fees 75,000 Parking Lot 12,000 Irrigation 14,000 Landscaping 20,000 Signage 40,000 Contingencies Total: $ 456,000 Complete Construction/Renovation Less: $ 140,503 General Fund Balance Request: $ 315,497 Hotel Motel Fund RECOMMENDATION Staff recommends approval. Agenda No. 6 CITY COUNCIL MEMORANDUM City Council Meeting: June 3, 2008 Department: City Manager Subject: Ordinance No. 08 -G -29 City Council Compensation BACKGROUND By Ordinance No. 74 -G -38 in 1974, the City Council authorized the following payments to members of the Council for attendance at meetings of the Council: Regular Special Meeting Meeting Mayor $6.00 $10.00 Councilmember $3.00 $ 5.00 The Council has discussed repealing Ordinance No. 74 -G -38 so that members of the Council will receive no compensation for attendance at meetings. Such action would not affect reimbursement for out -of- pocket expenses or use of City - provided equipment in furtherance of official duties in accordance with procedures in effect from time to time. City Council at their meeting of May 27, 2008 voted no to deny this due to the fact that Council Member Carpenter was absent. Mayor and Council requested staff to place this item back on this agenda for further discussion and approval. FISCAL IMPACT Savings of approximately $1,042 (2006 -2007 fiscal year) RECOMMENDATION Council's option ATTACHMENT Ordinance No. 08 -G -29 CCM Council Comp.doc ORDINANCE NO. 08 -G-27 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS REGARDING COMPENSATION FOR MEMBERS OF THE CITY COUNCIL OF THE CITY WHEREAS, Section 4.04 of the City Charter of the City of Schertz (the "City ") permits the City Council (the "Council ") to determine compensation for members of the Council, including the Mayor and the other members of the Council; and WHEREAS, by Ordinance No. 74 -G -38, the Council has previously provided for compensation for members of the Council for attendance at regular and special meetings of the Council; and WHEREAS, the Council has determined that members should receive no compensation for such attendance or otherwise for their service on the Council. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: SECTION 1. Members of the City Council of the City of Schertz, Texas, including the Mayor and the other members of the Council, shall receive no compensation for attending regular or special meetings of the Council or otherwise for their service as members of the Council. SECTION 2. The provisions of Section 1 shall not affect the right of members of the Council to be reimbursed for out -of- pocket expenses incurred during performance of their official duties in accordance with reimbursements policies in effect from time to time or such members' right to use City - provided equipment in furtherance of their official duties in accordance with procedures established from time to time. SECTION 3. This Ordinance shall be effective immediately from and after its final passage and any publication in accordance with the requirements of the City and the laws of the State of Texas SECTION 4. This Ordinance shall be cumulative of all other ordinances of the City and repeals Ordinance No. 74 -G -38 of the City. Approved on first reading the 13th day of May, 2008. PASSED, APPROVED AND ADOPTED the 27th day of May, 2008. Mayor, City of Schertz, Texas ATTEST: City Secretary, City of Schertz, Texas (SEAL OF THE CITY) Ordn Council Comp.doc Agenda No. 7 CITY COUNCIL MEMORANDUM City Council Meeting: June 3, 2008 Department: Subject: BACKGROUND City Manager Deer Haven Road Improvements Currently accessing the subdivision from FM 3009 poses hazards due to limited deceleration lanes and narrow entrances. Additionally, narrow streets require vehicles to pull off paved surfaces to avoid on- coming traffic. The project consists of improving the existing deceleration lanes, widening the entrances to a 30 -foot approach on Antler Drive and Fawn Drive, installing additional drainage structures at entrances and improve existing streets to 20 -foot wide with flush curbs. Sections above Deer Run will be reclaimed and repaved. There was a Public Hearing originally held on March 5, 2008 to discuss widening of the streets to 24 ft. and removing 50 trees. After negative input from the public wishing for the City to re- design our plan to narrow our streets and saving as many trees as possible. Staff re- designed their plan. A second hearing was held on May 21, 2008 at 6:00pm at the Schertz Civic Center, which was to widen the streets to 20 foot and remove 13 trees. Residents voted for the re- design via ballot on the project scope which included FM3009 Deceleration Lanes, Entrance Widenings, and 20 Foot Road Width. Votes were tallied as: FOR: 34 AGAINST: 13 Of the 13 votes Against, there were 6 who were totally against all of the project, and 7 votes who were against the widening of the road only. However, we counted all 13 votes as Against. 3 residents double voted, and were only counted one time. And 2 extra "For" votes were hand delivered to City Hall on May 23, 2008 after the meeting date. These votes were not counted. FISCAL IMPACT 2006 Series Street Improvements Bonds estimate of $1,308,276.38 of $20,000,000. RECOMMENDATION Recommend approval of the project. CCM Council Comp.doc LA4 City of Schertz WHEREAS, The Schertz Public Library will be celebrating its 30th anniversary on June 4, 2008; and WHEREAS, The Schertz Public Library Staff, Library Advisory Board and Volunteers are to be congratulated on 30 years of outstanding service; and WHEREAS, The Volunteers' gift of their time and commitment to the library sets an example for all in how volunteerism leads to positive civic engagement and the betterment of our community; and WHEREAS, The Schertz Public Library has been a steady and true advocate for freedom through knowledge for the citizens of Schertz and all of Guadalupe County; and WHEREAS, The City of Schertz recognizes the ongoing significance of our public library as central to the quality of life and education of families and their children; and recognizes that the library is part of our community dream - a place for opportunity, self -help, lifelong learning and equality of access for the entire community; NOW, Therefore, I, Hal Baldwin, Mayor of the City of Schertz, Texas, on behalf of the entire City Council and Staff do hereby proclaim Wednesday, June 4, 2008 as: in the City of Schertz, offering our best wishes as the Schertz Public Library celebrates its 30th anniversary. I encourage all residents to take advantage of the wonderful library resources available and thank their librarians, library staff and community volunteers for making information, materials and services accessible to all who walk through the library's doors. Come see why there's something for everyone at your library. HEREOF, I hereunto set my hand seal of Schertz to be affixed this Hal Baldwin, Mayor City of Schertz