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04-21-2009 AgendaMultiple files are bound together in this PDF Package.Adobe recommends using Adobe Reader or Adobe Acrobat version 8 or later to work with documents contained within a PDF Package. By updating to the latest version, you’ll enjoy the following benefits: • Efficient, integrated PDF viewing • Easy printing • Quick searches Don’t have the latest version of Adobe Reader? Click here to download the latest version of Adobe ReaderIf you already have Adobe Reader 8, click a file in this PDF Package to view it.ftware\Classes\.pdf SCHERTZ CITY COUNCIL REGULAR SESSION MUNICIPAL COMPLEX COUNCIL CHAMBERS 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 REGULAR AGENDA TUESDAY, APRIL 21, 2009 Regular Session 6:30 p.m. Call to Order Invocation and Pledges of Allegiance to the Flags of the United States and State of Texas. INTRODUCTIONS • Introduction of new employee (City Manager Office) PRESENTATION • Schertz Police Department Promotions. (Chief Starr) • Schertz Sweetheart Court – Fiesta Medal Presentation (E. Matlock) Hearing of Residents This time is set-aside for any person who wishes to address the City Council. Each person should fill out the speaker’s register prior to the meeting. Presentations should be limited to no more than 5 minutes. Discussion by the Council of any item not on the agenda shall be limited to statements of specific factual information given in response to any inquiry, a recitation of existing policy in response to an inquiry, and/or a proposal to place the item on a future agenda. The presiding officer, during the Hearing of Residents portion of the agenda, will call on those persons who have signed up to speak in the order they have registered. Discussion and/or Action Items 1. Minutes – Discussion and/or action regarding the approval of the minutes of the April 14, 2009 regular meeting. 2. Presentation regarding the upcoming 4th July Schertz Jubilee – Presentation and discussion and/or action regarding the upcoming 4th July Schertz Jubilee. (J. Bierschwale) 3. Resolution No. 09-R-23 -Consideration and/or action regarding approval of Resolution No. 09-R-23 authorizing a Pool Management Contract with the Young Men’s Christian Association of Greater San Antonio & The Hill Country (YMCA) (G. Logan) 4-21-09 Council Agenda 4. Resolution No. 09-R-24 -Consideration and/or action regarding approval of Resolution No. 09-R-24 authorizing a Schertz Recreation Center License Agreement with the Young Men’s Christian Association of Greater San Antonio & The Hill Country (YMCA). (G. Logan) 5. Ordinance No. 09-M-12 -Consider an Ordinance 09-M-12 amending City of Schertz Park Curfew Hours. (G. Logan) 6. Northcliffe Golf Course – Discussion and/or action regarding Northcliffe Golf Course. (D. Taylor) PUBLIC HEARING/ORDINANCE 7. Ordinance No. 09-S-11-SUP 2009-001 Conduct a public hearing, consideration and/or action upon a request for a Specific Use Permit of 1.00+ acres land being of Lot 19, Block 2 of the Windy Meadows Subdivision to allow the use of Southwest Fire Protection office/warehouse facility in the General Business-2 zoning district (GB-2) located at the 144 Windy Meadows Dr. First Reading (M. Nichols/L. Wood) BOARDS/COMMISSIONS 8. Appointment/Reappoi tment to Boards and Commissions/Committees – Consideration and/or action regarding appointments/reappointments to Boards and Commission/Committees. • JoAnn Doan – Housing Authority 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 9. Take any additional action deemed necessary as a result of the Executive Session. Requests and Announcements 10. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. 11. Requests by Mayor and Councilmembers to City Manager and Staff for information 12. Announcements by Mayor and Councilmembers 4-21-09 City Council Agenda Page -2 - • City and community events attended and to be attended • City Council Committee and Liaison Assignments (see assignments below) • Continuing education events attended and to be attended • Recognition of actions by City employees • Recognition of actions by community volunteers • Upcoming City Council agenda items 13. Announcements by City Manager • Recognition of City employee actions • New Departmental initiatives Adjournment CERTIFICATION I, BRENDA DENNIS, CITY SECRETARY OF THE CITY OF SCHERTZ, TEXAS, DO HEREBY CERTIFY THAT THE ABOVE AGENDA WAS POSTED ON THE OFFICIAL BULLETIN BOARDS ON THIS THE 16th DAY OF APRIL 2009 AT 11:30 A.M., WHICH IS A PLACE READILY ACCESSIBLE TO THE PUBLIC AT ALL TIMES AND THAT SAID NOTICE WAS POSTED IN ACCORDANCE WITH CHAPTER 551, TEXAS GOVERNMENT CODE. Brenda Dennis BRENDA DENNIS, TRMC, CMC CITY SECRETARY I CERTIFY THAT THE ATTACHED NOTICE AND AGENDA OF ITEMS TO BE CONSIDERED BY THE CITY COUNCIL WAS REMOVED BY ME FROM THE OFFICIAL BULLETIN BOARD ON _____DAY OF _______________, 2009. ____________________________Title:________________ This facility is accessible in accordance with the Americans with Disabilities Act. Handicapped parking spaces are available. If you require special assistance or have a request for sign interpretative services or other services please all 619-1030 at least 24 hours in advance of meeting 4-21-09 City Council Agenda Page -3 - 4-21-09 City Council Agenda Page -4 -COUNCIL COMMITTEE AND LIAISON ASSIGNMENTS Mayor Baldwin Liaison -Schertz Seguin Local Government Corporation Liaison -Schertz Historical/Preservation Committee Interview Board for Boards and Commissions Investment Advisory Committee ASA Commuter Rail District Board Councilmember Wilenchik Investment Advisory Committee Liaison – Animal Advisory Board Liaison -Schertz Chamber of Commerce Liaison -Board of Adjustment Audit Committee Interview Board for Boards and Commissions Liaison – TIRZ II Board AACOG Advisory Committee AACOG Economic Development TML Board of Directors TML Municipal Revenue & Taxation Committee Councilmember Fowler Liaison -Schertz Economic Development Corporation Liaison -Parks & Recreation Advisory Board Interview Board for the Boards and Commissions Mayor Pro-Tem Carpenter Liaison -Library Advisory Board Liaison -Planning and Zoning Commission Liaison -50th Year Anniversary Committee Liaison -Schertz Youth Commission Liaison – TIRZ II Board Hal Baldwin Scholarship Committee Councilmember Scagliola Liaison – Animal Advisory Board Liaison -Transportation Safety Advisory Commission Liaison -Schertz Humane Society Alternate Interview Board for Boards and Commissions Liaison – Schertz Sweetheart Court Councilmember Trayhan Liaison -Schertz Housing Authority Audit Committee Hal Baldwin Scholarship Committee Agenda No. 1 CITY COUNCIL MEMORANDUM City Council Meeting: April 21, 2009 Department: Administration Subject: Minutes BACKGROUND On April 14, 2009 a Regular City Council Meeting was held at the Municipal Complex Council Chambers at 6:30 p.m., 1400 Schertz Parkway Building #4. FISCAL IMPACT None RECOMMENDATION Staff recommends Council approval of the April 14, 2009 minutes. ATTACHMENT Minutes 04-14-09 MINUTES REGULAR MEETING April 14, 2009 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on April 14, 2009 at 6:30 p.m., in the Municipal Complex Council Chambers, 1400 Schertz Parkway, Building #4, Schertz, Texas. The following members present to-wit: Mayor Pro-Tem Michael Carpenter Councilmember Jim Fowler Councilmember David Scagliola Councilmember John Trayhan Councilmember Tony Wilenchik Staff Present: City Manager Don Taylor Assistant City Manager David Harris City Attorney Michael Spain City Secretary Brenda Dennis Mayor Baldwin was absent. CALL TO ORDER REGULAR MEETING Mayor Pro-Tem Carpenter called the meeting to order at 6:30 p.m. INVOCATION AND PLEDGES OF ALLEGIANCE TO THE FLAGS OF THE UNITED STATES AND STATE OF TEXAS. Councilmember Fowler gave the Invocation followed by the Pledges of Allegiance to the Flags of the United States and State of Texas. PRESENTATION • Presentation and Proclamation in support of the 2010 Census. (N. Sophia Azoubel) Mayor Pro-Tem Carpenter recognized Ms. Azoubel who gave a brief presentation regarding the upcoming 2010 Census. Mayor Pro-Tem Carpenter introduced and welcomed N. Sophia Azoubel representing the Census Bureau, he then read and presented the proclamation to Ms. Azoubel • Proclamation National Child Abuse Month (Norma Blackwell, Executive Director Casa of Central Texas, Inc.) Mayor Pro-Tem Carpenter read and presented the Proclamation to Norma Blackwell and other members of Case of Central Texas, Inc. HEARING OF RESIDENTS Mayor Pro-Tem Carpenter recognized the following citizens: 4-14-09 Minutes • Michael Westerdale, 540 Brookshadow, spoke regarding sponsorship for the Lone Star Academy. • Ken Greenwald, 205 Westchester, who came forward speaking regarding the quiet zone issue. • Raymond Cook, 913 Dimrock, who came forward requesting that the city issue water use restrictions. • The following citizens spoke regarding the Golf Course sale in Northcliffe: -Teresa Smart, Jon Long, Eugene Martinez, W. L. Morin, and Robert McMahan • The following citizens spoke regarding the heavy construction trucks on Columbia Drive: Larry Mooney and Robert McMahan. Mayor Pro-Tem Carpenter asked if it was the consensus of the Council to place an item on the next agenda to discuss the Northcliffe Golf Course issue. Council concurred. Discussion and/or Action Items 1. Minutes – Discussion and/or action regarding the approval of minutes of the April 7, 2009 regular meeting. Mayor Pro-Tem Carpenter recognized Councilmember Trayhan who moved, seconded by Councilmember Scagliola to approve the minutes of the Regular Meeting Meeting of April 7, 2009. Vote was unanimous. Motion Carried. 2. Resolution No. 09-R-22 – Consideration and/or action approving Resolution No. 09-R-22 for a first amendment to Tower Lease Agreement with Verizon Wireless. (M. Spain) Mayor Pro-Tem Carpenter recognized City Attorney Michael Spain who stated that on March 17, 2009, the City Council approved a telecommunications antennas lease (with three possible five-year extensions) with Verizon Wireless at the City’s water tank site at 1057 Live Oak Road. City staff recommends that the Tower Lease Agreement be amended to finalize Exhibit B to the Tower Lease Agreement and to modify the process of securing and paying for background checks on Verizon personnel who will work at the water tank site. He stated that background checks would be conducted by the Human Research Department. Mayor Pro-Tem Carpenter recognized Councilmember Trayhan who moved, seconded by Councilmember Fowler to approve Resolution No. 09-R-22. Vote was unanimous. Motion Carried. 3. Amendment to SSLGC Interlocal Agreement with City of Selma for Off-Peak Water Sales– Consideration and/or action approving an amendment to the SSLGC Interlocal Agreement for Off-Peak Water Sales. (J. Bierschwale) 4-14-09 Minutes Page -2 - Mayor Pro-Tem Carpenter recognized City Manager Don Taylor, who stated that the Schertz-Seguin Local Government Corporation (SSLGC) along with the cities of Schertz and Seguin previously entered into an Interlocal Agreement relating to off-peak water sales with the City of Selma on October 15, 2008. That agreement states that the customer will pay SSLGC for the service of making additional water available to Selma at a higher rate equal to $2.68 per thousand gallons during the off-peak season. The City of Selma has requested an amendment to the agreement stating that the off-peak rate be applied to the City of Selma’s water usage over its normal historical average during the off-peak season and the regular rate be applied to water usage below the historical average. The historical average is defined as the average monthly usage during the same calendar months for the years 2007 and 2008. The change will be retroactive to October 1, 2008. On March 26, 2009, SSLGC’s board of directors approved the enclosed amendment to the Interlocal Agreement between the City of Selma and SSLGC. SSLGC requests the City of Schertz City Council consent to and approve the amendment to the Interlocal Agreement between SSLGC and the City of Selma for off-peak water sales. The cities of Seguin and Selma will also seek approval of this amendment. Mayor Pro-Tem Carpenter recognized Councilmember Trayhan who moved, seconded by Councilmember Scagliola to approve the amendment to the SSLGC Interlocal Agreement. Vote was unanimous. Motion Carried. 4. City of Schertz Strategic Planning Document – Consideration and/or action adopting the Strategic Planning Document as prepared by Briseño & Associates. (Council) Mayor Pro-Tem Carpenter recognized Assistant City Manager David Harris who provided Council with the draft notes from the Strategic Planning Session. Council discussed items that should only be part of the draft notes and not part of the final Strategic Plan, and recommended adopting the notes as a guideline and brainstorming document document for the finalization of the plan. Mayor Pro-Tem Carpenter recognized Councilmember Trayhan who moved, seconded by Councilmember Scagliola to adopt the Strategic Planning document as a guide and have staff bring back a definitive formal plan document. Vote was unanimous. Motion Carried 5. Quiet Zone Cost of Study – Consideration and/or action regarding cost of study to be performed regarding Quiet Zone Implementation. (Request of Mayor Pro-Tem Carpenter) M. Nichols/P. Graves Mayor Pro-Tem Carpenter recognized City Manager Don Taylor who stated that staff was asked to check what the cost would be to have a study conducted. He stated that individuals from the Federal Railroad Administration would come out and do a preliminary study at no cost to the City and that it would give Council 4-14-09 Minutes Page -3 - more accurate information on the cost of implementing quiet zones. They will be coming in about two weeks and staff will bring this information back to Council. No action taken. 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 Pro-Tem Carpenter recessed into executive session at 7:15 p.m. RECONVENE TO REGULAR SESSION Mayor Pro-Tem Carpenter reconvened into Regular Session at 7:50 p.m. 6. Take any additional action deemed necessary as a result of the Executive Session No action taken. Requests and Announcements 7. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. As requested above, Council requested an item be placed on the next agenda to discuss the feasibility of the Golf Course purchase, which is for sale in the Northcliffe area. 8. Requests by Mayor and Councilmembers to City Manager and Staff for information No requests were noted. 9. Announcements by Mayor and Councilmembers • City and community events attended and to be attended • City Council Committee and Liaison Assignments (see assignments below) • Continuing education events attended and to be attended • Recognition of actions by City employees • Recognition of actions by community volunteers • Upcoming City Council agenda items Mayor Pro-Tem Carpenter recognized the following Councilmembers who announced the following: Councilmember Scagliola who thanked Mr. Taylor and the Public Works Department for quickly addressing the sign issue. 4-14-09 Minutes Page -4 - 4-14-09 Minutes Page -5 -Councilmember Wilenchik reported that he, Assistant City Manager David Harris, Bob Cantu, and Cindy Raleigh went to Cancer Therapy & Research Center CTRC and presented them with a check for over $29,000 from the proceeds of the recent Wilenchik Walk for Life. “Sherry Ortiz, Director of Development, greeted them and gave them a tour of the facility.” 10. Announcements by City Manager • Recognition of City employee actions • New Departmental initiatives ADJOURNMENT As there was no further action, Mayor Pro-Tem Carpenter adjourned the meeting at 7:59 p.m. ___________________________________ Michael Carpenter, Mayor Pro-Tem ATTEST: _______________________________________ Brenda Dennis, TRMC, CMC City Secretary Agenda No. 2 CITY COUNCIL MEMORANDUM City Council Meeting: April 21, 2009 Department: Parks & Rec Foundation /Brad E. Bailey Subject: Schertz Jubilee BACKGROUND Presentation concerning the 34th Annual Schertz Jubilee. Discussion and Possible Action may follow. FISCAL IMPACT None RECOMMENDATION None ATTACHMENT Presentation 34th Annual Schertz JubileeSchertz Parks & Recreation Foundation Music & Entertainment•July 2-4 ~ Carnival •July 3 ~ Cactus Countrywww.cactuscountryband.com•July 4 ~ Jason Allenwww.jasonallenband.netDancers ~ Local Bands ~ Karate Demonstration Jubilee Parade• Parade Route ~ Down Schertz Parkway to Main Street and On to Pickrell Park for opening ceremonies• Applications being accepted for entries • Non-profits free• Business entries ~ $25.00• Late entries ~ $35.00• VIP Seating at Schertz Bank & Trust• VIP Invitations being coordinated by EDC• Emcee TBD Opening CeremoniesJuly 4th – 12:00 PM at Pickrell Park Pavilion FoodBBQ, Corn, Brisket, Ribs, Tacos, Etc….. Contest Info:•$20 Registration•Award 1st, 2nd , & 3rd Place•Event to take place on July 4th•Lead into Schertz Fest Cook-OffBBQ Ribs Cook-Off SponsorshipsTitle Sponsor -$25,000• Jubilee & Schertz Fest overall naming rights• Named in All Advertising and venues (Billboard included if arranged by May 5) -for posters sponsorship must be confirmed by May 20, 2009 • Named in All press releases • Half Page Schertz Tales Article • Once Built Schertz Plex will have sponsorship plaque in your name • Post-Event Plaque Presentation at Schertz City Council meeting SponsorshipsRed Sponsor ~ $12,500• Named in All Advertising and venues (Excluding Billboard on I-35) -for posters sponsorship must be confirmed by May 20, 2009 • One Night Carries your Company's name • Named in All press releases • Half Page Schertz Tales Article • Once Built Schertz Plex will have sponsorship plaque in your name • Post-Event Plaque Presentation at Schertz City Council meeting SponsorshipsWhite Sponsor -$5,000• Named in All Advertising and venues (Excluding Billboard on I-35) -for posters sponsorship must be confirmed by May 20, 2009 • Named in All press releases • Mentioned in Articles about Jubilee produced by Schertz TalesMagazine • Once Built Schertz Plex will have sponsorship plaque in your name • Post-Event Plaque Presentation at Schertz City Council meeting SponsorshipsBlue Sponsor -$2,500• Named in Advertising in Schertz Tales Magazine -for posters sponsorship must be confirmed by May 20, 2009• Named in All Press Releases • Mentioned in Articles about Jubilee produced by Schertz TalesMagazine • Post-Event Certification Presentation at Schertz City Council meeting Questions? Agenda No. 3 CITY COUNCIL MEMORANDUM City Council Meeting: April 21, 2009 Department: Parks & Recreation Subject: Resolution No. 09-R-23 -Pool Management Contract BACKGROUND Staff has negotiated a revised Pool Management Contract with the YMCA to manage the City’s swimming pools for the next five years. FISCAL IMPACT Annual payment by the YMCA of $179,878. RECOMMENDATION Approval of Resolution No. 09-R-23. ATTACHMENT Resolution No. 09-R-23, with Pool Management Contract attached. CCM Resol 09-R-22.doc RESOLUTION NO. 09-R-23 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A POOL MANAGEMENT CONTRACT WITH THE YOUNG MEN’S CHRISTIAN ASSOCIATION OF GREATER SAN ANTONIO & THE HILL COUNTRY, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City Council (the “City Council”) of the City of Schertz (the “City”) has determined that it is in the best interest of the City to enter into a Pool Management Contract with the Young Men’s Christian Association of Greater San Antonio & The Hill Country, relating to management of the City’s swimming pools; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the City Manager to execute and deliver a Pool Management Contract with the party described therein in substantially the form set forth on Exhibit A. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 14th day of April, 2009. CITY OF SCHERTZ, TEXAS Mayor ATTEST: City Secretary Resol 09-R-22.doc Resol 09-R-22.doc (CITY SEAL) EXHIBIT A POOL MANAGEMENT CONTRACT See attached Resol 09-R-22.doc A-1 50150388.5 POOL MANAGEMENT CONTRACT THIS POOL MANAGEMENT CONTRACT (this “Contract”) is effective this 14th day of April, 2009 between the City of Schertz, Texas, a Texas home-rule city (“Schertz”), and the Young Men’s Christian Association of San Antonio & The Hill Country, a 501(c)(3) Texas nonprofit corporation (the “YMCA”). WITNESSETH: WHEREAS, Schertz is the owner of two pools located at 200 Aero Avenue, Schertz, Texas, and 601 Cherry Tree Drive, Schertz, Texas, known, respectively, as Pickrell Park Pool and Northcliffe Pool (together, the “Schertz Swimming Pools”); and WHEREAS, Schertz desires that the YMCA manage the Schertz Swimming Pools for Schertz, and the YMCA has agreed to do so. NOW THEREFORE, for good and valuable consideration, the sufficiency of which is acknowledged by both parties, Schertz and the YMCA accept this Contract for the purposes and upon the terms and conditions set forth herein: 1. Cost: Total maximum cost for each year of this Contract: $179,878.00. The maximum cost for each year of this Contract in the amount of $179,878.00, shall be paid in two payments of $59,959 to YMCA on or before June 1 of each year and July 1 of each year of this Contract, with a final payment of $59,960 on August 1 of each year of this Contract. 2. Scope of Work: YMCA shall perform all work for the operational management of Schertz’s Swimming Pools as shown in Exhibit A, attached hereto and incorporated herein by reference for all legal purposes. 3. Contract Term: This Contract term is for a three-month period of approximately May 24 through August 24 (the “three-month active term”) for the five (5) calendar years 2009-2013. The precise three-month active term each calendar year will be provided by Schertz to the YMCA at least sixty (60) days prior to the beginning of each year’s threemonth active term. This Contract may be renewed for up to two additional five-year terms, with the written consent of both parties, via the execution of an extension contract. The provisions of Section 1 and 11 shall be renegotiated as a part of any such extension. 4. Insurance: YMCA Insurance. YMCA shall at all times during each three-month active term of this Contract maintain and keep in full force and effect insurance in the following types and minimum amounts with companies authorized to do business in the State of Texas: a. Commercial General Liability (including contractual liability): 50150388.5 2 Bodily Injury & Property Damage: $1,000,000 per occurrence $2,000,000 General Aggregate b. Worker’s Compensation: Statutory limits c. Employers’ Liability: Bodily Injury by Accident -$500,000 each accident Bodily Injury by Disease -$500,000 each employee Bodily Injury by Disease -$500,000 policy limit Schertz Insurance. Schertz will at all times during the each three-month active term of this Contract maintain and keep in full force and effect insurance in the following types and minimum amounts with companies authorized to do business in the State of Texas: a. General Liability: Bodily Injury & Property Damage: $1,000,000 per occurrence $2,000,000 annual aggregate b. Schertz Property Insurance Coverage. Throughout the each three-month active term of this Contract, Schertz shall maintain in full force a policy or policies of property insurance, issued by one or more insurance carriers licensed to do business in Texas, covering all buildings and improvements comprising the Schertz Swimming Pools Pools to the extent of their full replacement value (exclusive of subsurface foundation and excavation cost). Waiver of Subrogation. Schertz and the YMCA agree (and this Contract shall bind Schertz and the YMCA, as well as their respective property insurers) that (i) if the Schertz Swimming Pools or their contents are damaged or destroyed by fire or other casualty for which insurance is maintained, or an employee sustains an injury covered by Worker’s Compensation insurance (or such damage or injury is of a type for which insurance was required to be maintained under the terms of this Contract), the rights, if any, of either party against the other with respect to such damage, destruction or injury are waived with respect to both losses to the extent covered by insurance that is obtained as required under this Contract and losses not covered due to deductibles, coinsurance penalties, insurance carrier insolvency, disputes with the insurance carrier regarding coverage or under-insurance; and (ii) that all property coverage policies, other insurance covering such property or its contents and Worker’s Compensation insurance shall contain a clause or endorsement providing in substance that the insurance shall not be prejudiced if the insured have waived right of recovery from any person or persons prior to the date and time of loss or damage, if any. The failure of the parties to obtain such endorsements, however, shall not negate or otherwise adversely affect the waiver of subrogation herein set forth, which waiver in all instances shall be binding upon the parties and their respective insurers. 50150388.5 3 Workers’ Compensation. The Workers’ Compensation coverage provided by the YMCA will inure to the benefit of employees injured during the course and scope of their employment by the YMCA at the Schertz Swimming Pools pursuant to this Contract. All insurance required to be maintained by the YMCA pursuant to this Contract, except for Worker’s Compensation Insurance, will name Schertz as an additional insured. All insurance required to be maintained by Schertz pursuant to this Contract, will name the YMCA as an additional insured. All such insurance coverage and each party’s status as an additional insured, as appropriate, will be evidenced by one or more certificate(s) of insurance provided to the other party upon signing of this Contract. Each party will be provided the notice by the other party’s insurance provider not later than thirty (30) days prior to any reduction or termination of such coverage. 5. Inspections: The Schertz Director of Parks, Recreation and Community Services or his/her designee (the “Schertz Representative”) may make periodic visits to the Schertz Swimming Pools during each three-month active term of this Contract to observe the progress and quality of the YMCA’s work and services and to determine, in general, if the work and services are proceeding in accordance with this Contract. Schertz’s Representative will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the work, nor will the Schertz Representative be responsible for the means, methods, techniques, sequences or procedures, or the safety precautions incident thereto. The Schertz Representative will not be responsible for YMCA’s failure to perform the work in accordance with this Contract. 6. YMCA Obligations and Rights: YMCA shall, at its expense, for each three-month active term of this Contract, obtain all permits, certifications, and licenses, and pay all related fees and taxes, necessary for the performance of its work and services under this Contract, and will will comply with all laws, ordinances, rules and regulations governing YMCA’s performance of this Contract, including all environmental laws and regulations, whether state or federal. Schertz will waive all fees for city-required permits, licenses, and inspections related to Schertz Swimming Pools. All work shall be done in strict conformity with this Contract. YMCA shall have exclusive control of the day-to-day operations of the Schertz Swimming Pools, subject to the right of Schertz to inspect the Schertz Swimming Pools to insure that YMCA is properly carrying out the terms of this Contract. YMCA agrees that all of its employees shall be fully qualified and competent to do the work required under the terms of this Contract. All minor detail of the work not specifically mentioned in this Contract but obviously necessary for the proper completion of the work shall be considered as incident to and a part of the work for which payment is made to the YMCA under this Contract. YMCA will not be entitled to any additional compensation therefor unless specifically stated otherwise. 7. Independent Contractor: It is expressly understood and agreed that the YMCA will perform all work and services described herein as an independent contractor and not as an officer, agent, servant, or employee of Schertz; that the YMCA will have exclusive control of and the exclusive right to control the details of the services and work performed hereunder, and all persons performing the same; that the YMCA will be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors, and subcontractors; that the doctrine of respondent superior will not apply as 50150388.5 4 between Schertz and the YMCA, its officers, agents, servants, employees, contractors, and subcontractors; and that nothing herein will be construed as creating a partnership or joint enterprise between Schertz and the YMCA. No person performing any of the work or services described hereunder by the YMCA will be considered an officer, agent, servant, or employee of Schertz. Further, it is specifically understood and agreed that nothing in this Contract is intended or will be construed as creating a “Community of Pecuniary Interest” or “An Equal Right of Control” which would give rise to vicarious liability. The YMCA will be an independent contractor under this Contract and will assume all of the rights, obligations, and liabilities applicable to it as such independent contractor hereunder. Schertz does not have the power to direct the order in which the work is done or the services are provided. Schertz will not have the right to control the means, methods, or details of the YMCA’s work or services. The YMCA will assume exclusive responsibility for the work or services, and the YMCA will be entirely free to do the work and provide the services as determined by it. 8. INDEMNITY: THE YMCA WILL INDEMNIFY AND HOLD HARMLESS AND DEFEND SCHERTZ AND ALL OF SCHERTZ’S OFFICERS, AGENTS, AND EMPLOYEES FROM ALL SUITS, ACTIONS, CLAIMS, DAMAGES, PERSONAL INJURIES, LOSSES, PROPERTY DAMAGE, AND EXPENSES OF ANY CHARACTER WHATSOEVER, INCLUDING REASONABLE ATTORNEY’S FEES, BROUGHT FOR OR ON ACCOUNT OF ANY INJURIES OR DAMAGES RECEIVED OR SUSTAINED BY ANY PERSON OR PERSONS OR PROPERTY, AS A RESULT OF ANY NEGLIGENT ACT OF THE YMCA, ITS AGENTS OR EMPLOYEES, OR ANY SUBCONTRACTOR OF THE YMCA, ARISING OUT OF, OR RESULTING FROM THE YMCA’S ACTIVITIES IN CONNECTION WITH THIS CONTRACT. IN THE EVENT OF INJURIES OR DAMAGES RESULTING FROM THE NEGLIGENCE OF BOTH SCHERTZ AND THE YMCA (INCLUDING THEIR RESPECTIVE AGENTS, EMPLOYEES, OR SUBCONTRACTORS), THE YMCA’S INDEMNITY HEREUNDER WILL BE LIMITED SOLELY TO THE EXTENT OF THE YMCA’S (INCLUDING ITS AGENT’S, EMPLOYEE’S, OR SUBCONTRACTOR’S) COMPARATIVE PORTION OF SUCH NEGLIGENCE. THIS INDEMNITY PROVISION DOES NOT APPLY TO POOL, BUILDING, OR FIXTURE DEFECTS, WHICH ARE THE RESPONSIBILITY OF SCHERTZ. 9. RELEASE: NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS CONTRACT, THE YMCA HEREBY RELEASES, ACQUITS, RELINQUISHES, AND FOREVER DISCHARGES SCHERTZ, SCHERTZ’S EMPLOYEES, OFFICERS, AND AGENTS, FROM ANY AND ALL DEMANDS, CLAIMS, DAMAGES, OR CAUSES OF ACTION REGARDING ANY AND ALL OPERATIONS IN CONNECTION WITH THIS CONTRACT WHICH THE YMCA HAS OR MIGHT HAVE IN THE FUTURE, INCLUDING BUT NOT LIMITED TO QUANTUM MERUIT, CLAIMS UNDER THE DUE PROCESS AND TAKINGS CLAUSES OF THE TEXAS AND UNITED STATES CONSTITUTIONS, TORT CLAIMS, OR SCHERTZ’S NEGLIGENCE. THIS PROVISION DOES NOT INCLUDE CLAIMS FOR BREACH OF CONTRACT. 50150388.5 5 10. Assignment: YMCA shall not, either directly or indirectly, assign all or any part of this Contract or any interest, right or privilege herein, without the prior written consent of Schertz. The issue of whether or not to grant consent to an assignment is in the sole discretion of Schertz. 11. Payment: As full consideration for the services which YMCA shall provide to Schertz for each annual three-month service term, YMCA shall receive the total sum described in Section 1. Any sums due and payable hereunder which are not paid within ten (10) days of the due date shall bear interest at the rate as set by the State of Texas, from the date due until the date of payment. In the event this Contract is terminated pursuant to Section 15, the payments due to YMCA hereunder shall be prorated on a daily basis of $1,998.64 per day, and YMCA shall rebate to Schertz or Schertz shall pay the YMCA, as the case may be, such amount as shall be necessary to reflect the pro rata portion of the total amount payable to YMCA under Section 1 through the effective date of termination. Schertz shall receive and retain gate receipts, season pass receipts and concession receipts. YMCA shall receive and retain all revenues from YMCA programs, including swimming lessons and aquatic programs, and all receipts for Schertz Swimming Pools rentals and pool parties. YMCA will not charge swimming teams for reserved lanes for swim practice. 12. Waiver of Attorney Fees: BY EXECUTING THIS CONTRACT, YMCA AGREES TO WAIVE AND DOES HEREBY WAIVE ANY CLAIM IT HAS OR MAY HAVE AGAINST SCHERTZ REGARDING THE AWARD OF ATTORNEY’S FEES WHICH ARE IN ANY WAY RELATED TO YMCA’S BREACH OF THIS CONTRACT. 13. No Waiver of Sovereign Immunity: By executing this Contract, Schertz is not waiving its right of sovereign immunity except with respect to actions by YMCA to enforce its rights under this Contract. 14. Third-Party Beneficiary: Except as described in Sections 8 and 18, this Contract does not create a third-party beneficiary. Except as described in Sections 8 and 18, there is no third-party beneficiary to this Contract. Except as described in Sections 8 and 18, no person or entity who is not a party to this Contract shall have any third party beneficiary or other rights hereunder. 15. Termination: Schertz may terminate this Contract at will for no or any reason upon giving thirty (30) days written notice to YMCA. The parties to this Contract understand and agree that it is in Schertz’s sole discretion to cancel this Contract without penalty to Schertz. YMCA has no expectation and has received no guarantees this Contract will not be terminated before the end of this Contract term. The parties have bargained for the flexibility of terminating this Contract upon tender of the requisite notice at any time during the term of this Contract. Upon termination, all equipment, furniture, fixtures, and supplies purchased, provided, owned, or brought into the Schertz Swimming Pools by YMCA will remain the property of the YMCA and will be removed from the Schertz Swimming Pools at the end of the thirty (30) day notice period. Upon termination, all equipment, furniture, fixtures, and supplies purchased, provided, owned, or brought into 50150388.5 6 the Schertz Swimming Pools by Schertz will remain the property of Schertz. All work and services under this Contract and all payments hereunder for work and services after the date of termination shall be terminated in accordance with Section 11 upon termination of this Contract becoming effective. 16. Notice of Alleged Breach; Statutory Prerequisites: Before YMCA may file suit for alleged damages incurred by an alleged breach of an express or implied provision of this Contract, YMCA or its legal representative, shall give the Schertz City Manager notice in writing of such damages, duly verified, within ninety (90) days after the same has been sustained. The notice shall include when, where and how the damages occurred, the apparent extent thereof, the amount of damages sustained, the amount for which YMCA will settle, the physical and mailing addresses of YMCA at the time and date the claim was presented and the physical and mailing addresses of YMCA for the six (6) months immediately preceding the occurrence of such damages, and the names and addresses of the witnesses upon whom YMCA relies to establish its claim; and a failure to so notify the Schertz City Manager within the time and manner provided herein shall exonerate, excuse and except Schertz from any liability whatsoever. Schertz reserves the right to request additional information regarding the claim. Said additional information shall be supplied to Schertz within thirty (30) days after receipt of notice. The statutory prerequisites outlined herein constitute jurisdictional requirements pursuant to Section 271.154 of the Texas Local Government Code and Section 311.034 of the Texas Government Code. Notwithstanding any other provision, YMCA’s failure to comply with the requirements herein shall perpetually bar YMCA’s claim for damages under Chapter 271 of the Texas Local Government Code, and Section 311.034 of the Texas Government Code, regardless of whether Schertz has actual or constructive notice or knowledge of said claim or alleged damages. 17. Notice: Any notice or demand that shall be made regarding this Contract shall be made in writing and delivered either in person or by certified or registered mail. Notice by mail shall be complete upon deposit of the paper, postage prepaid, in a post office or official depository under the care and custody of the United States Postal Service addressed as follows: If to Schertz: City of Schertz 1400 Schertz Parkway Schertz, Texas 78154 Attention: City Manager with copies to: City of Schertz 1400 Schertz Parkway Schertz, Texas 78154 Attention: Director of Parks, Recreation, and Community Services City Attorney 300 Convent Street, Suite 2200 50150388.5 7 San Antonio, Texas 78205 Attention: Michael Spain If to YMCA: YMCA of Greater San Antonio 3233 North St. Mary’s San Antonio, Texas 78212 Attention: Baron Herdelin-Doherty, President and CEO with a copy to: Kerry T. Benedict Cox Smith Matthews Incorporated 112 E. Pecan, Suite 1800 San Antonio, Texas 78205 The parties hereto may change the above designated addresses by giving notice pursuant to the terms of this Section. 18. Severability: In case any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this Contract shall be considered as if such invalid, illegal or unenforceable provision had never been contained in this Contract. 19. Governing Law and Venue: This Contract shall be governed by the laws of the State of Texas. All performance and payment made pursuant to this Contract shall be deemed to have occurred in Guadalupe County, Texas. Exclusive venue for any claims, suits or any other action arising from or connected in any way to this Contract or the performance of this Contract shall be in Guadalupe County, Texas. The obligations and undertakings of each of the parties to this Contract shall be deemed to have occurred in Guadalupe County, Texas. [The remainder of this page intentionally left blank.] 50150388.5 IN WITNESS HEREOF, the parties hereto have executed this Contract to be effective the day and year set forth above. CITY OF SCHERTZ, TEXAS, YOUNG MEN’S CHRISTIAN a Texas home rule city ASSOCIATION OF SAN ANTONIO & THE HILL COUNTRY, a 501(c)(3) Texas non-profit corporation By: _____________________________ By: _______________________________ Don Taylor, Baron Herdelin-Doherty, City Manager President and CEO 50150388.5 A-1 EXHIBIT A I. Pickrell Park Pool A. Schedule 1. Dates of Operation: the three-month active term (approximately May 24-August 24 of each year of this Contract) 2. Hours of Operation: Mon, Tues, Wed, Fri, Sat, Sun Pool will be closed for cleaning on Thursday B. Employee Requirements 1. Minimum four guards on stands, one roving guard and one guard at wading pool 2. Minimum one manger on duty 3. Minimum one cashier on duty C. Services to be provided by YMCA 1. Maintain proper PH and chlorine levels (chemicals to be provided by Schertz) 2. Vacuum pools and hose down deck 3. Clean locker rooms/restrooms 4. Empty trash receptacles 5. Collect admittance fees 6. Records maintenance II. Northcliffe Pool A. Schedule 1. Dates of Operation (approximately May 24 – August 24 of each year of this Contract) 2. Hours of Operation: Mon, Wed, Thurs, Fri, Sat, Sun Pool will be closed for cleaning on Tuesday B. Employee Requirements 1. Minimum two guards on stands, one roving guard, and one guard at wading pool 2. Minimum one manger on duty 3. Minimum one cashier on duty C. Services to be provided by YMCA 1. Maintain proper PH and chlorine levels (chemicals to be provided by Schertz) 2. Vacuum pools and hose down deck 3. Clean locker rooms/restrooms 4. Empty trash receptacles 5. Collect admittance fees 6. Records maintenance III. Schertz shall provide the following: Required chemicals Routine maintenance Emergency repairs Agenda No. 4 CITY COUNCIL MEMORANDUM City Council Meeting: April 21, 2009 Department: Parks & Recreation Subject: Resolution No. 09-R-24 -Schertz Recreation Center License Agreement BACKGROUND Staff has negotiated an agreement for the YMCA to operate the new Schertz Recreation Center. FISCAL IMPACT Maintenance obligations (see Exhibit A-1); after the initial 5-year term, an annual fee will be negotiated (see Section 6). RECOMMENDATION Approval of Resolution No. 09-R-24. ATTACHMENT Resolution No. 09-R-24, with Schertz Recreation Center License Agreement attached. CCM Resol 09-R-23.doc RESOLUTION NO. 09-R-24 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A SCHERTZ RECREATION CENTER LICENSE AGREEMENT WITH THE YOUNG MEN’S CHRISTIAN ASSOCIATION OF GREATER SAN ANTONIO & THE HILL COUNTRY, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City Council (the “City Council”) of the City of Schertz (the “City”) has determined that it is in the best interest of the City to enter into a Schertz Recreation Center License Agreement with the Young Men’s Christian Association of Greater San Antonio & The Hill Country, relating to operation of the City’s new Schertz Recreation Center; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the City Manager to execute and deliver a Schertz Recreation Center License Agreement with the party described therein in substantially the form set forth on Exhibit A. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 14th day of April, 2009. CITY OF SCHERTZ, TEXAS Mayor ATTEST: City Secretary Resol 09-R-23.doc Resol 09-R-23.doc (CITY SEAL) EXHIBIT A SCHERTZ RECREATION CENTER LICENSE AGREEMENT See attached Resol 09-R-23.doc A-1 Agenda No. 5 CITY COUNCIL MEMORANDUM City Council Meeting: April 21, 2009 Department: Parks, Recreation and Community Services Subject: Ordinance No. 09-M-12 -Consider an Ordinance 09-M-12 amending City of Schertz Park Curfew Hours. BACKGROUND The City of Schertz Department of Parks Recreation and Community are recommending that the City Council of the City of Schertz amend Ordinance 58.2 as it relates to curfew hours in our city parks. Our present Park curfew ordinance has the curfew hours of the city parks closed from 11:00 p.m. to 8:00 a.m. daily. The staff recommends the curfew hours be changed from 11:00 p.m. to 6:00 a.m. daily. This recommendation was presented to the Schertz Parks and Recreation Advisory Board. The Parks and Recreation Advisory Board reviewed the staff recommendation and approved a motion unanimously and recommended that staff present the recommend curfew change to the City Council of the City of Schertz. FISCAL IMPACT: None foreseen. RECOMMENDATION Approval of Ordinance 09-M-12 ATTACHMENT Ordinance 09-M-12 Ordinance No. 09-M-12 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 58-2, CURFEW TIME FOR PARK USAGE ESTABLISHED; EXCEPTIONS; AND PROVIDING A REPEALING CLAUSE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: SECTION I THAT, Section 58-2 of the Code of Ordinances, City of Schertz, Texas be amended to add the following: Sec. 58-2. Curfew time for park usage established; exceptions. All city parks shall be closed from 11:00 p.m. to 6:00 a.m. daily. Exception to this policy would be special reservations IAW section 58-4. It shall be considered a violation of this chapter for any person or persons to use any part of the parks or park facilities during the above-stated closed hours without prior written permission as approved by the city council or city manager as described in section 58-4 of this chapter; said permission to be considered only for the following conditions: (1) Large group special use activities, such as fairs, carnivals, city sponsored functions, and/or other activities where fees are charged for entrance or participation in any activities; or when charges are made for consumable or non-consumable items, when approved by the city manager in accordance with section 58-4(2)b. of this chapter. (2) Special activities such as scouting or organized youth group activities or jamborees, family reunions, company picnics, etc., when approved in writing by the city manager. (3) Other presently unforeseen special events, when approved by the city manager; and only when such permission will not constitute a nuisance to residents adjacent to any park area. APPROVED on first reading the 21 day of April, 2009. PASSED, APPROVED AND ADOPTED this the 5th day of May, 2009. ________________________ __________ Mayor, City of Schertz, Texas ATTEST: ______________________________ City Secretary, City of Schertz Agenda No. 7 CITY COUNCIL MEMORANDUM City Council Meeting: April 21, 2009 Department: Planning & Zoning Subject: Ordinance No. 09-S-11–Consideration and/or action on a request for a Specific Use Permit (SUP) of 1.0± acres land being Lot 19, Block 2 of the Windy Meadows Subdivision to allow the use of Southwest Fire Protection office/warehouse facility in the General Business District -2 (GB-2) located at 144 Windy Meadows Drive. First Reading Background: This commercial lot is affected by the AICUZ (APZ-1) and is required to obtain a Specific Use Permit (SUP) in 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. Adjacent Zoning /Land Use: North: GB-2/Undeveloped East: GB-2/Undeveloped South: GB/Schertz Business Park/Office/Warehouse West: GB-2/Undeveloped Analysis & Discussion: Proposed Use: 8,500 square foot office/warehouse for Southwest Fire Protection Existing Use /Site Attributes: Undeveloped Special District: The subject property is located in the APZ -1 County: This property is located in Guadalupe County. Comprehensive Land Plan: According to the Future Land Use Map (FLUM), this property is intended for Industrial/Business Park Uses. • 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 the existing Windy Meadows Drive. • This site meets minimum parking requirements. • This site has exceeded the landscaping requirements. Item 7.doc City Council Memorandum Page 2 Item 7.doc • All landscaped areas will contain an automatic irrigation system. • The final detail for signage will be determined separate at building permit. Building signage shall meet all related codes and ordinances as they exist or may be amended. • Per staff request Mr. LaMont, property owner, is working with URS Corporation on an encroachment agreement to place parking on the 30’ Chevron pipe line easement at the rear of the property. A letter of response from URS Corporation has been received confirming the process. • This and other lots in the Windy Meadows commercial area were sold to various new owners after the previous owners placed a large amount of fill on these properties which changed the flow of the storm water run-off. This owner and other new owners have agreed to fix the problem and are working with the City Engineer, Larry Dublin to resolve the issues. The owners have filed a bond with the City that securing the completion of the drainage project. Mr. Dublin is overseeing the project and insures that no Certificate of Occupancy will be submitted prior to completion of the drainage project. 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 procedure whereby such uses might be permitted by further restricting or conditioning them so as to eliminate such probable negative impacts. The City Council may recommend 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, space, loading and parking requirements, suitable landscaping and additional improvements such as curbing and sidewalks. ****** Please note that this application was submitted before the adoption of the new UDC****** Public Hearing Notice: Eleven (11) public hearing notices were mailed to surrounding property owners on March 27, 2009. Reply notices are as followed: Favor: Two (2) – John O’Brien, Lot 18 and Tammy LaMont, Lot 20 Opposed: One (1) Mr. Beck, 129 Commercial (opposed to drainage impact) Undecided: None Return to Sender: One (1) City Council schedule is as follows: DATE ITEM ACTION Tuesday, April 21, 2009 Specific Use Permit Public Hearing and First Reading of Ordinance. Tuesday, April 28, 2009 Specific Use Permit Final Reading of Ordinance. City Council Memorandum Page 3 Item 7.doc FISCAL IMPACT None RECOMMENDATION At the April 8, 2009 Planning and Zoning Commission meeting Mr. Wallace moved to forward to City Council a recommendation to approve the above request Mr. Greenwald second the motion. Vote unanimously passed. Pursuant to the recommendation of the Planning and Zoning Commission, staff recommends Council approve Ordinance No.09-S-11 on first reading. ATTACHEMENTS Ordinance Site Plan/SUP Exhibit ORDINANCE NO. 09-S-11 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE UNIFIED DEVELOPMENT CODE (UDC) ORDINANCE 09-S-06 BY GRANTING A SPECIFIC USE PERMIT AND ASSOCIATED SITE PLAN FOR 1.0± ACRES OF LAND BEING ALL OF LOT 19, BLOCK 2, WINDY MEADOW SUBDIVISION, GUADALUPE COUNTY, SCHERTZ, TEXAS, TO ALLOW AN OFFICE/WAREHOUSE FACILITY IN THE AIR INSTALLATION COMPATIBLE USE ZONE (AICUZ), (APZ-1); PROVIDING A REPEALING CLAUSE; A SERVABILITY CLAUSE; AND A PENALTY CLAUSE. WHEREAS, Southwest Fire Protection of Schertz, has applied for a Specific Use Permit for approximately 1.0 + acres of land described in Exhibit “A”, attached hereto and incorporated herein by reference (hereinafter, the “Property”) for a Fire Protection Office/Warehouse facility. WHEREAS, on April 8, 2009 the Planning and Zoning Commission recommended approval of the requested Specific Use Permit; and THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS HEREBY ORDAINS: THAT, UDC Ordinance No. 09-S-06 of the City of Schertz, Texas Texas is hereby amended in the following manner. SECTION I “Granting a Specific Use Permit for 1.0± acres of land being all of Lot 19, Block 2, Windy Meadows Subdivision, Guadalupe County, Schertz, Texas to allow an Office/Warehouse facility in the Air Installation Compatible Use Zone (AICUZ), (APZ-1) more particularly described in the Field Notes and Map, attached hereto as Exhibit “A”. SECTION II The Office Zoning District Map of the City of Schertz described and referred to in Article III, of the UDC, Ordinance 09-S-06 shall be changed to reflect the above amendments. SECTION III This Ordinance shall be effective immediately from and after its final passage and any publication in accordance with the requirements of the City of Schertz and laws of the State of Texas. Item 7A.doc Item 7A.doc SECTION IV This ordinance shall be cumulative of all other ordinances of the City of Schertz, and this ordinance shall not operate to repeal or affect any other ordinances of the City of Schertz except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this ordinance, in which event such conflicting provisions, if any, are hereby repealed. SECTION V The sections, paragraphs, sentences, clauses, and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional or invalid phrase, clause, sentence, paragraph or section. SECTION VI Any person, firm, association of persons, corporation or other other organization violating the provisions of this ordinance shall be deemed to be guilty of a misdemeanor and, upon conviction, shall be fined an amount not to exceed $2,000.00. Each day that a violation continues shall be deemed as a separate offence. Approved on first reading the 21TH day of April, 2009. PASSED, APPROVED AND ADOPTED the 28th day of April, 2009. ____________________________________ Mayor, City of Schertz, Texas ATTEST: ________________________________ City Secretary, City of Schertz, Texas (SEAL OF THE CITY) Agenda No. 8 CITY COUNCIL MEMORANDUM City Council Meeting: April 21, 2009 Department: City Council Subject: Boards and Commissions Appointments/reappointments BACKGROUND The City Council will consider action regarding the appointment/reappointment of boards and commission members. FISCAL IMPACT None RECOMMENDATION It is recommended that the City Council make appointments from the submitted applications. ATTACHMENTS Applications: Joann Doan – Housing Authority