Loading...
05-27-2008 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 5 minutes. The presiding officer, during the Hearing of Residents portion of the agenda, will call on those persons who have signed up to speak in the order they have registered. PRESENTATION • Proclamation — Theater Department Samuel Clemens High School — Conference AAAA State Champions (Mayor Baldwin) • A presentation regarding the joint Regional Computer Aided Dispatch System (D. Harris) • Presentation of Teen Court Scholarships (D. Dullnig) 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 20, 2008. 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) 5 -27 -08 Council Agenda 3. Ordinance No. 08 -M -21 — Consideration and /or action renewing the City of Schertz Curfew Ordinance. First Reading (S. Pulaski) 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) 5. Library Fund - Raising naming and honoring opportunities — Discussion and consideration and /or action regarding naming rights and fund - raising. (G. Douglas) 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 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 (T. Rhodes/M. Nichols) 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 • Harry E. Whitney — Appointment Economic Development Corporation ANNOUNCEMENTS — CITY MANAGER AND STAFF • General Announcements on meetings /events attended and upcoming events EXECUTIVE SESSION Called under Section 551.071 Litigation, pending litigation; Section 551.072 Texas Government Code - Deliberation regarding the purchase, exchange, sale, lease, or value of real property. RECONVENE TO REGULAR SESSION 8. Green Valley Special Utility District — Consideration and /or action regarding legal action concerning the Green Valley Special Utility. (M. Spain) 9. Take any additional action deemed necessary as a result of the Executive Session. 5 -27 -08 City Council Agenda Page - 2 - 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 22nd DAY OF MAY, 2008 AT 2:30 A.M., WHICH IS A PLACE READILY ACCESSIBLE TO THE PUBLIC AT ALL TIMES AND THAT SAID NOTICE WAS POSTED IN ACCORDANCE WITH CHAPTER 551, TEXAS GOVERNMENT CODE. 1�>revzda Deviv,%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. 5 -27 -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 5 -27 -08 City Council Agenda Page - 4 - CITY COUNCIL MEMORANDUM City Council Meeting: May 27, 2008 Department: Subject: BACKGROUND Administration Minutes Agenda No. 1 On May 20, 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 20, 2008 minutes. ATTACHMENT Minutes 5 -20 -08 MINUTES REGULAR MEETING May 20, 2008 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on May 20, 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 Staff Present: City Manager Don Taylor Assistant City Manager John Bierschwale Council Member David Scagliola Council Member Michael Carpenter Assistant City Manager David Harris City Secretary Brenda Dennis Deputy City Secretary Mary Ybarra Mayor Pro -Tem John Trayhan and Council Member Tony Wilenchik were 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. Council Member Carpenter gave the Invocation followed by the Pledges of Allegiance to the Flags of the United States and State of Texas. Mayor Baldwin stated that Mayor Pro -Tem Trayhan and Council Member Wilenchik were absent. SPECIAL SESSION 1. Resolution No. 08 -R -26 — Consideration and /or action regarding approving a resolution tabulating and canvassing the results of the May 10, 2008, General Election. (Mayor Baldwin) Mayor Baldwin announced that he had the Official Canvass Statement from Sue Basham, Elections Administrator /Voter Registrar. Mayor Baldwin read the official letter, "I, Sue Basham, Guadalupe County Elections Administrator, do hereby certify the returns as shown on the official canvass statement are true and correct as certified this date, May 15, 2008. Mayor Baldwin recognized City Secretary, Brenda Dennis who read the following into record: The canvass showed the following results: City Council Regular Meeting 169 May 20, 2008 Mayor Hal Baldwin George Mower City Council Place 1 Carl C. Douglas Jim Fowler City Council Place 2 Michael Holdman David L. Scagliola Early Election Day Total Votes Votes Votes 445 243 688 113 50 163 202 93 295 353 197 550 153 59 212 403 238 641 The total of votes cast during early voting was 558 by personal appearance, and 293 votes were cast on Election Day. The total number of votes cast in this election was 851. Hal Baldwin Is hereby declared to have been elected to the Office of Mayor. Jim Fowler Is hereby declared to have been elected to the Office of Council Member Place 1. David L. Scagliola Is hereby declared to have been elected to the Office of Council Member Place 2. Mayor Baldwin recognized Council Member Carpenter who moved seconded by Council Member Scagliola to approve Resolution No. 08 -R -26 approving the official canvass of the May 10, 2008 General Election. Vote was unanimous. Motion Carried 2. Oath of Office — (B. Dennis) A. Newly Elected Officers — Oath of Office administered to the Mayor and Council Members in Places 1 & 2. B. Certificates of Election — Presentation of Certificates of Election. City Council Regular Meeting 170 May 20, 2008 Mayor Baldwin recognized City Secretary Brenda Dennis who administered the Oath of Office to Mayor Baldwin, Council Member Jim Fowler and Council Member David Scagliola and presented Certificates of Election to each. Mayor Baldwin recognized Council Member Jim Fowler who thanked everyone and introduced is wife Pat and two sons, Paul and Phillip who were in the audience. Mayor Baldwin also thanked everyone for their support and recognized his wife Barbara, daughter Vanessa Cochran and Granddaughters Amber and Dusty. HEARING OF RESIDENTS Mayor Baldwin recognized the following: • Ms. Frances Rushing, President of the Schertz Chamber announced the following: - Ribbon Cutting Thursday, May 22nd 5:15 p.m. Vantage of Schertz Apartments 501 FM 3009. The festivities will begin at 4:30 p.m. The ribbon cutting will follow at 5:15 p.m. - Schertz Chamber Monthly Luncheon, Friday, May 30th 11:30 a.m. Schertz Civic Center This event will be the James Shriver Scholarship Awards Luncheon. • Mr. Robert Brockman, 1000 Elbel, spoke on the upcoming May 29th meeting on Schertz Parkway Construction. • Mr. David Richmond, 2927 Bent Tree Drive, spoke on the ACUIZ. INTRODUCTIONS • Introductions of new employees: (Human Resource, Police Department, Public Works) Mayor Baldwin recognized Human Resource Director Donna Dykes who introduced Joseph Wallace the new Human Resource Clerk. Mayor Baldwin recognized Police Chief Steve Starr who introduced Janet Tumlinson and Mary Lynch new Telecommunications Officers. Mayor Baldwin recognized Public Works Director Sam Willoughby who introduced Doug Letbetter, Ben Castillo and Demetrio Martinez who joined the Street Department. Mr. Willoughby also introduced Albert Compton and Ben Sanchez who joined the Water Department. Mayor Baldwin recognized Assistant City Manager John Bierschwale who introduced the new City Engineer Larry Dublin. PRESENTATION • Proclamation — Presentation of Public Works Week City Council Regular Meeting 171 May 20, 2008 Mayor Baldwin recognized Public Works Director Sam Willoughby and his staff, Mayor Baldwin read and presented a proclamation in recognition of Public Works Week. A presentation regarding the joint Regional Computer Aided Dispatch System Mayor Baldwin stated that this item had been pulled from the agenda. ANNOUNCEMENTS Council General Announcements: Council Member Fowler • Stated that he attended local ribbon cutting ceremonies that took place last week. Council Member Scagliola • Stated that he also attended the recent ribbon cuttings and that he attended the Police Memorial Service on Wednesday, May 14, 2008. Council Member Carpenter • None Items by Mayor Mentioned that he had received a complaint regarding the charge of $12.50 for children who would attend the upcoming Johnnie Dee and Rocket 88's; City Manager Don Taylor responded by stating that the event was not geared toward children due to the fact that alcohol would be served at this event, but certainly doesn't want to prevent them from coming. He also stated that the charge is so they can recoup some of the costs. Mayor Baldwin stated that he had received a notice from AACOG and that the term of office for the City of Schertz representative will be expiring. He stated that Mayor Don Tymrak, City of Karnes City term is expiring and would like to recommend that the Council re -elect him for another two -year term. Council concurred. REGULAR AGENDA Minutes - Consideration and /or action regarding the approval of the minutes of the Regular Meeting of May 13, 2008. Mayor Baldwin recognized Council Member Carpenter who moved, seconded by Council Member Fowler to approve the minutes of May 13, 2008 with corrections noted. Vote was unanimous. Motion Carried 4. 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) City Council Regular Meeting 172 May 20, 2008 Mayor Baldwin stated that Council Member Wilenchik was absent and asked that the Council consider moving this to the next agenda. Mayor Baldwin recognized Council Member Carpenter who moved seconded by Council Member Scagliola to postpone this item and move to next weeks agenda. Vote was unanimous. Motion Carried ANNOUNCEMENTS — CITY MANAGER AND STAFF • General Announcements on meetings /events attended and upcoming events ANNOUNCEMENTS — ITEMS BY CITY MANAGER TAYLOR AND STAFF Mayor Baldwin recognized Assistant City Manager David Harris who gave an update regarding Sweetheart Court. Mr. Harris mentioned the upcoming Deer Haven Neighborhood Road Reconstruction Project meeting Wednesday, May 21, 2008 at 6:00 p.m. meeting, which will be held at the Council Chambers, and also the upcoming Greenshire HOA meeting at the Civic Center. Mayor Baldwin recognized Assistant City Manager John Bierschwale who stated that he recently learned the developer of the Crestmark Project had passed away and that due to this the Crestmark PID project has been cancelled. EXECUTIVE SESSION Called under Section 551.071 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 7:10 p.m. RECONVENE TO REGULAR SESSION Mayor Baldwin reconvened regular meeting at 7:35 p.m. 5. Take any action deemed necessary as a result of the Executive Session. Mayor Baldwin recognized Council Member Scagliola who moved seconded by Council Member Fowler to approve the sale and purchase contracts for the acquisition of the following ten (10) lots in the Live Oak Hills Subdivision: 1 lot from RICHARD B. DE BENEDETTO (for $3,200) 3 lots from the TEXAS MINERAL TRUST ($4,000, $4,000, $5,500 respectively) 1 lot from ADELFA J. SCHNEIDER - GONZALES (for $4,000) 1 lot from AUDREY T. DEARING (for $4,000) 1 lot from THOMAS F. BYRAM (for $4,000) 1 lot from GIL I. & ALICIA H. ARIZMENDI (for $4,500) 1 lot from JACK E. HALL (for ($3,500) 1 lot from Estate of FELIX V. & M. G. ALVA (for $4,054) Vote was unanimous. Motion Carried City Council Regular Meeting 173 May 20, 2008 ADJOURNMENT As there was no further action, Mayor Baldwin adjourned the meeting at 7:37 p.m. Hal Baldwin, Mayor ATTEST: Brenda Dennis, TRMC, CMC City Secretary City Council Regular Meeting 174 May 20, 2008 Agenda No. 2 CITY COUNCIL MEMORANDUM City Council Meeting: May 27, 2008 Department: City Manager Subject: Ordinance No. 08 -G -27 City Council Compensation Final Reading 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 passed this on first reading at their May 13, 2008 meeting. FISCAL IMPACT Savings of approximately $1,042 (2006 -2007 fiscal year) RECOMMENDATION Approve Final Reading of Ordinance No. 08 -G -27 setting the Council Compensation to zero (0). 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. 3 CITY COUNCIL MEMORANDUM City Council Meeting: May 27, 2008 Department: Subject: BACKGROUND Police Ordinance No. 08 -M -21- Curfew Ordinance First 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. FISCAL IMPACT None RECOMMENDATION Recommend approval 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. (j) "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; attending a school, government sponsored, or religious activity or is going to or coming 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, 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 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; or (9) 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 are encouraged to 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 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 day of May, 2008. PASSED, APPROVED AND ADOPTED this the day of , 2008. Hal Baldwin, Mayor Attest: Brenda, Dennis City Secretary CITY COUNCIL MEMORANDUM City Council Meeting: May 27, 2008 Department: Parks and Recreation Agenda No. 4 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 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 and the city accomplished this house relocation in February of 2008. The City has expended $56,197 to date. The remaining balance in the project is $140,503. The City anticipates the cost to renovate the Visitor Center will be approximately $345,000. The City needs an additional $204,497 from the Hotel Motel Fund to complete the Visitor Center renovations (see breakout budget below). Staff recommends that the funding for this renovation come from the Hotel -Motel Fund where funding is available to complete the City of Schertz Visitor Center. FISCAL IMPACT $ 196,700 Original Project Budget 56,197 spent to -date $140,503 Balance in Project Request: $204,497 Hotel -Motel Fund Total: $345,000 City Council Memorandum Page 2 Budget Breakout: $ 250,000 Renovation /Construction 75,000 Parking Lot 20,000 Signs Total: $345,000 Hotel -Motel Fund Request RECOMMENDATION Staff recommends approval. CITY COUNCIL MEMORANDUM/RESOLUTION City Council Meeting: May 27, 2008 Department: Community Services Agenda No. 5 Subject: Library Fund - Raising; Naming and honoring opportunities. BACKGROUND On April 22, 2008, Council approved a request by Gail Douglas to enter into an agreement with Bacon, Lee & Associates in order to raise funds for the new library. After meeting with the consultants, Ms. Douglas would like to request permission from the council to allow the fund- raising committee to provide naming and honoring rights to donors. A draft of possible opportunities is attached. FISCAL IMPACT Potentially, $2,178,000 for the new library. The cost of donor plaques and administrative costs would be the only expenditures. RECOMENDATION Staff recommends Council approval for the request to allow the fund - raising committee to generate funds through naming opportunities. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ: That the above stated staff recommendations are hereby approved and authorized. PASSED AND APPROVED at a regular meeting of the City Council of the City of Schertz, Texas this 27th day of May, 2008, at which meeting a quorum was present, held in accordance with the provisions of V.T.C.A., Government Code, §551.001 et seq. APPROVED Hal Baldwin, Mayor ATTEST: Brenda Dennis, City Secretary SCHERTZ PUBLIC LIBRARY DRAFT OF NAMING AND HONORING OPPORTUNITIES Area # Amount Total Status i rens Area 1 $1,000,000 $1,000,000 Reserved Portal Entrance 1 $250,000 $250,000 Courtyard 1 $200,000 $200,000 Lobby 1 $100,000 $100,000 Bookstore 1 $100,000 $100,000 Courtyard a 1 $50,000 $50,000 Circulation Desk 1 $50,000 $50,000 Administrative Area 1 $50,000 $50,000 Children s Craft and Program 1 $50,000 $50,000 Genealogy 1 $25,000 $25,000 AdUit Reading Lounge 1 $25,000 $25,000 4m4jwp 1 $25,000 $25,000 Portal an scape 1 $25,000 $25,000 Sculpture Garden 1 $25,000 $25,000 General assroo ee ing 1 $20,000 $20,000 min Conference Room 1 $15,000 $15,000 Security System 1 $15,000 $15,000 Director's Office 1 $10,000 $10,000 Children's Computer sffiTio-n 1 $10,000 $10,000 Children's Meeting KOOM 1 $10,000 $10,000 (;hlldren s Area Office 1 $7,500 $7,500 rea room 1 $5,000 $5,000 eceiving Area 1 $5,000 $5,000 Adult e p Uesk 1 $5,000 $5,000 i rens Help Desk 1 $5,000 $5,000 Children's Area Workroom 1 $5,000 $5,000 Group study Rooms 2 $3,000 $3,000 Book Urop 2 $2,500 $5,000 Adult Computer Stations 24 $21500 $60,000 i rens Seating 1 $2,500 $2,500 Study Carrels 10 $2,000 $20,000 AdUlt Area Large StaCkS 25 $1,500 $37,500 AdUlt Area AV Stacks 2 $1,500 $3,000 Children s Large Stacks 12 $1,500 $18,000 Adult rea small Stacks 19 $1,000 $19,000 Children's Small StaCks 16 $1,000 $16,000 e erence I ables 10 $500 $5,000 rens Keterence I a es 7 $500 $3,500 Total 1 2,178,000.00 N A POLICY GOVERNING THE NAMING OF PARKS, BUILDINGS, ROOMS AND OTHER CITY FAC111TIES I. The authority to name City parks, buildings, rooms, and other facilities resides with the City Council. Only names submitted through the nomination process shall be considered. 2. Facilities may be named for individuals or organizations from the local community, well -known state or national leaders, geographical locations, events, or concepts. Normally, facilities will not be named/renamed for individuals unless they have been deceased for at least three (3) years. 3. For the name of an individual or organization from the local community to be considered, one or more of the following criteria shall be met: a. The individual or'organization will have .performed outstanding service to the community. Generally, the service shall have been performed in the area of activity'associated with the facility — i.e., Bob Andrews Conference Room, etc. b. The individual or organization will have made a significant contribution toward the development, maintenance and/or operation of the park, building, or facility. 4. For the name of well -known state or national leaders, geographical locations, events, or concepts, there should exist a tie, bond, or connection between such entities and the City. 5. Any person or group may submit a nomination to the office of the City Secretary to name a facility, building, room, or park. The nomination must be in writing and include such things as: a. a biographical sketch of the person whose name is suggested; b. a detailed description of the person's or organization's involvement in the community or departmental activity c. a statement noting the appropriateness of the proposed name for the facility, building, room, or park; and d. identification of extent and number of signs and other items in order for the City to estimate the cost required to place (or replace) signs and plaques needed to implement the new name. REQUEST FOR THE NAMING OF PARKS, BUILDINGS, ROOMS AND OTHER FACILITIES CITY OF SCHERTZ 1. Type of area or facility (park, building, pool, etc.) 2. Location 3. Suggested Name 4. Please describe why you feel this name to be appropriate: (biographical sketch if person) 1 S. Name and address of person making request: Name Address Phone 6. Do you represent an organization with respect to this request? If "yes ", which organization 7. Date of this request Signature FOR COMMTxTEE USE ONLY Request APPROVED REJECTED TABLED Date of Committee Action Date of Council Action Agenda No. 6 CITY COUNCIL MEMORANDUM City Council Meeting: May 27, 2008 Department: Subject: BACKGROUND Planning & Zoning Ordinance No. 08 -5 -26 - 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 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. 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. 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 City Council Memorandum Page 2 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 At the May 14, 2008 Planning and Zoning Commission meeting Mr. Greenwald to forward to City Council a recommendation to approve the above request Mr. Sommers second the motion. Vote unanimous Pursuant to the recommendation of the Planning and zoning Commission, staff recommends Council approve Ordinance No.08 -S -26 on first reading. ATTACHMENT Ordinance No. 08 -S -26 Exhibit 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. Attachment 6A ORD- SUP2007 -011A Windy Meadows [AICUZ] Lot 21 Block 2.doc 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. Mayor, City of Schertz, Texas ATTEST: City Secretary, City of Schertz, Texas (SEAL OF THE CITY) Attachment 6A 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. 7 CITY COUNCIL MEMORANDUM City Council Meeting: May 27, 2008 Department: Subject: BACKGROUND City Council Boards and Commissions Resignations/ Appointments /reappointments / On May 19, 2008 the City of Schertz received a resignation from Mr. Carl Douglas from serving on the Economic Development Corporation; his resignation has created an open position on this board. Attached is an application from Harry Whitney who wishes to serve. FISCAL IMPACT None RECOMMENDATION Staff recommends council ratify the resignation of Carl Douglas from the Economic Development Corporation and appoint Harry Whitney to serve. ATTACHMENT Resignation Letter — Carl Douglas Application — Harry Whitney Carl Douglas 2550 Woodland Village Place Schertz, Texas 78154 Executive Director Economic Development City of Schertz 1400 Schertz Parkway Schertz, TX 78154 George, 19 May 2008 I first became involved with the City of Schertz Economic Development in 2001. It has been a great experience being a part of the growth of Schertz this past seven years. However, the time has arrived for me to devote more of my time to other areas of importance to me. Therefore, effective today I resign as President of the Schertz Economic Development Corporation. f L 4Z Carl Douglas M► Harry E. Whitney 3625 Fox Run Dr. Cibolo, TX 78108 N City Secretary City of Schertz Schertz, TX78 7 54 Dear SirlMadam. I volunteered for service to several City Boards and Commissions lost year, but heard nothing from my offer. I noticed that the City is seeking volunteers for several positions within the City. My wife and I moved to Schertz in 2006, and you will note my education and experience which I believe would be of some benefit to the City. SinFerely, harry WIney CITY op \hr •�4�Y�ttwTfO.4w City of Schertz, Texas Volunteer Application for Appointment to Boards or Commissions mazaaaaaw Please type or print clearly Please return with a cover letter stating your interest and availability. Name: Harry E. Whitney Home phone: 830- 214 -6293 Work Phone: Mobile number: 210 - 315 -6502 Pager: Physical address: 3625 Fox Run Dr., Cibolo. TX 78108 (Within city of Schertz) (Street, City, State, Zip) Mailing address: 3625 Fox Run Dr.. Cibolo. TX 78108 (Street, City, State, Zip) Email address(s): hewhitneyQ- msn.com Do you live in the corporate limits of the City of Schertz? F* yes ❑ no If not, do you live in the Extraterritorial Jurisdiction (ETJ)? ❑ yes ❑ no Are you 18 years or older? 0 yes ❑ no Are you registered to vote? 0✓ yes ❑ no Which County? Guadalupe Do any of your relatives work for the city? ❑ yes rno Who? Current/past occupation or area of expertise: VP, Mercy Health System (OKC, OK 2 years) CEO, Carondelet Health System (St. Louis, MO and Los Angeles, CA 11 years) COO, St. John's Mercy Hospital /Medical Center (St. Louis, MO 13 years) Professional and/or community activities: Hospital Boards in NY, CA and MO; United Fund of Washington, MO; 4 County Mental Health Council. MS Society of C Additional pertinent information/references: MA in Ethics (1968) and MBA (1983) Page 1 of 2 Revised 01/2008 CITY,, ry, City of Schertz, Texas Volunteer Application for Appointment to Boards or Commissions I am interested in serving on the following boards or commissions: (Note: most of these boards/commissions require meetings at night) ® Board of Adjustment (BOA) M Economic Development Corporation — 4B Board ❑ Historical Preservation Committee ❑ 50th Year Anniversary Committee • Library Advisory Board • Planning and Zoning Commission (P &Z) • Transportation Safety Advisory Commission (TSAC) • Parks & Recreation Advisory Board If you have a preference for one board/commission appointment over another, please list: Economic Development Do you serve on any other board/commission at this time? If so please list: When does your term of appointment expire? Applications are (Signature) on file in the city secretary's office for a two -year period of time. (� date) 0 q 14 l Please return this form aloWg with a letter of interest & availability to: City Secretary's Office 1400 Schertz Parkway Schertz, TX 78154 (210) 619 -1030 fax: (210) 619 -1139 bdenniskschertz.com CITY SECRETARY NOTATIONS ONLY: RECEIVED ON: COUNCIL ACTION: IF APPOINTED, EXPIRAnON OF TERM OCCURS: Page 2 of 2 Revised 01/2008