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ccscmtg 04-11-06 MINUTES Public Hearing and Special Called Session April 11, 2006 The Schertz City Council convened for a Public Hearing followed by a Special Called meeting on Tuesday, April 11, 2006 at 7:00 p.m. in the City Council Chamber Workshop, 1400 Schertz Parkway Building #4 Schertz, Texas. The following members were present: Mayor Hal Baldwin presiding, Council Members Carl Douglas, John Trayhan, Tony Wilenchik and Michael Carpenter, City Manager Don Taylor, Asst. City Manager John Bierschwale and Mary Ybarra, Deputy City Secretary. Absent: Council Member Reginna Agee, #1 CALL TO ORDER: Mayor Baldwin called the meeting to order at 7:00 p.m. #2 HEARING OF RESIDENTS: Ken Greenwald, 205 Westchester Drive informed Council that BVY A minutes and budget documents have been turned over to assistant City Secretary this evening, and asked that copies of these documents be included in Council packets next week. He went on to say that registration is underway for such activities as swim team, soccer, volleyball, baseball, football and softball. Robert Brockman, 1000 Elbel Road informed Council on the following: D Observation mirror (traffic tool) between City Hall/Police Department drive way needs to be checked out, it's at a crazy angle. D Sidewalk in front of Library is need of repair-cracks and chips in the sidewalk. D Informed that the Chief Appraiser for Guadalupe County Appraisal District County is going to Gennany and would be resigning around the 25th of July. #3 SPECIAL PRESENT A TION At this time, Mayor Baldwin presented RobertBrockman with second place trophy to the first annual Steve Simonson Community Service Award. Mr. Brockman was not present at the inaugural dinner ceremony held March 25, 2006. #4 PUBLIC HEARING: Public hearing on a request for a Specific Use Permit for Laura Heights Subdivision located in the Air installation Compatible Use Zone. The 104.553:,:: acre tract contains 159 single-family lots located at the intersection of Ware Seguin Road and Boenig Lane. The property is zoned Residential-Agricultural (R-A). Applicant: HLH Development, L.P. Special Called Mtg, 4-11-06 161 Mayor Baldwin explained procedures to be followed at Public Hearing. Mayor Baldwin stated that the issue before Council had previously been disapproved. Council based the disapproval on other issues not on the issue of a specific use pennit for the Laura Heights Subdivision. At this time, he asked of citizen comments. Robert Brockman. 1000 Elbel inquired if the development was the one with concern related to access. He was advised that the Planning and Zoning Department would work out issues of this nature with developers. The issue at hand is allowing the specific use pennit to build in the AICUZ. With no further comments, Mayor Baldwin closed the public hearing. #5 CONSENT AGENDA: A) ORDINANCE: Discussion and final reading on an ordinance amending the Unified Development Code (UDC) Ordinance 96-S-28 by rezoning 6.256+acres out of the G. Malpaz Survey No. 67, Abstract No. 221, in Guadalupe County, Schertz, Texas from Pre Development (PD) to General Business (GB); providing an effective date; and providing a repealing clause. B) ORDINANCE: Discussion and final reading of an ordinance amending the City of Schertz Comprehensive Land Plan, Chapter 5 (Transportation), Figure 5.2 (Master Thoroughfare Plan). C) ORDINANCE: Discussion and final reading on a request for a Specific Use Permit of Lots 9-11, Block 3 in the Nell Deane Subdivision. The 2.8229+acres tract shows 5,600 square feet of 'office/warehouse facilities located in the Air Installation Compatible Use Zone (AICUZ). The property is zoned General Business (GB). At this time, it was advised that the consent agenda is for discussion only, and that final readings would be considered at the next meeting. Discussion followed relative to agenda format and some confusion regarding items placed on consent agenda. Council had no discussion on any of the items under the consent agenda, and agreed to consider the items at the next meeting. #6 ORDINANCE: Discussion first and final reading of an ordinance amending the Unified Development Code (DOC) Ordinance 96-S-28 granting a specific use permit for 104.553+ acres of land situated out of the Stacy B. Lewis Survey No. 317 and Antonio Zamora Survey No. 36 in Bexar County, Schertz, Texas for single-family residential use in the Air Installation Compatible Use Zone (AlCUZ); declaring an emergency; and providing a repealing cause. Special Called Mtg. 4-11-06 162 City Manager Taylor stated that the Ordinance before Council comes at staff recommendation. Mayor Baldwin points out that Council this evening is considering a specific use permit, which allows development in the AICUZ, all other related issues would be considered by the Planning Department and the Planning and Zoning Commission as the item goes through the process. Councilmember Trayhan made a motion, seconded by Councilmember Douglas to approve granting a specific use permit for 104.553+ acres of land situated out of the Stacy B. Lewis Survey No. 317 and Antonio Zamora Survey No. 36 in Bexar County, Schertz, Texas for single-family residential use in the Air Installation Compatible Use Zone (AICUZ). The vote was: AYES: Council Members Douglas, Trayhan, Wilenchik and Carpenter NAY: None. #7 Presentation from Ford Engineering and discussion on the elevated water tower ou East Live Oak Road. Larry Dublin from Ford Engineering presented power point presentation showing the proposed modifications, style of tank and various decorative schemes and fonts of the proposed elevated tank for the southwest quadrant on Live Oak Road. He went on the say that the construction would take approximately 9 months and plans are underway to go out for bids on or about May 15, 2006. The process will under go public hearings, property replat, etc., before construction begins. Discussion followed covering style, fonts, costs, lighting, construction, height, storage accessibility, and other factors. Council asked Mr. Dublin to provide hard copies of the power point presentation at the next meeting for review and consideration. #8 Discussion on appointing members to the Parks and Recreation Advisory Board. Gail Douglas, Community Services Director provided Council with applications of 8 volunteers interested in servicing on the Parks and Recreation Advisory Board. The Board calls for 9 members, however she is willing to establish the board with 8 members at this time and asks for Council approval. It was Council consensus to place the matter on next Tuesday night's agenda for consideration. #9 Discussion on the format of the agenda for City Council meetings. Councilmember Wilenchik stated concems with agenda format and covered these items: D What is proper use D Agenda design Special Called Mtg. 4-11-06 163 0 Conduct business in an orderly fashion 0 To much focus on rules and procedures 0 Design to save time, is it saving Council time. Discussion followed with several Council members in favor of consent agenda and others voicing concern that possibly the consent agenda is to quick, and others voicing concern on understanding how an item is considered for placement on consent agenda. Councilmember Douglas stated that the full intent of a consent agenda is to speed up the process. Another item of concern was difficulty with packet numbering set up, etc. Council asked that all items placed in packet be numbered, helping to organize packet set up. Council suggested not having consent agenda at workshop sessions. Council asked that the following statement be placed on workshop sessions, giving Council the option of placing any item on a consent agenda for any said meeting: The statement should read as follows: "The following items are to be placed on a consent agenda for meeting of .......... ."(date of agenda.) #10 Discussion on establishing rental fees for the Schertz Community Center. Gail Douglas, Community Services Director presented Council with proposed rental fees for the Schertz Community Center. She advised that within a very short time the City would have four facilities of public use and a decision hasn't been reached on how to charge different groups. In conversation with City Attorney she was advised that the City would need to be consistent when determining whether to charge non-profit organizations some amount or not charge at all. The charging on a case-by-case basis is not recommended. After research, related to the functionality of the Community Center, Ms. Douglas established the following and based on these findings recommends the following rate structure: 0 Use for the provisions of City activities 0 Use for provisions of recreational activities for citizens of Schertz 0 Provide facilities for private/social gatherings 0 Provide meeting space for large groups, both public and private. Rate structure recommended: Schertz Residents Non Residents Mon- Thurs (I st hour) $60.00 $120.00 Add. Hour $ 2.00 $ 4.00 Fri-Sun Wt hour $120.00 $240.00 Add. Hour $ 4.00 $ 8.00 Non-profit groups rental at 50%. Special Called Mtg. 4- t 1-06 164 Councilmember Trayhan inquired if surrounding areas were researched relative to what other cities do with non-profit groups. He was advised that research was done and that surrounding cities (Seguin) do not allow everyone from not paying. Mayor Baldwin stated he would like non-profit groups clearly specifically. More along the line of Community Service groups, such as youth, senior citizen entertainment, etc. It was determined that City Attorney would research the Ordinance issue (Recreation/Park Ordinance not included in the newly adopted Code) and review of non-profit group issue to determine the rate structure for the Community Center. At this time, Council took a five-minute recess before going into executive session. #11 EXECUTIVE SESSION: Called under Chapter 551 of the Texas Government Code, Sub-Section 551.071, Consultant with Attorney and Sub-Section 551.072, Deliberation Regarding Purchase and/or Lease of Real Property. An executive session was held from 8:15 p.m. to 8:50 p.m. #12 Action, if any on above subject of the Executive Session. No action was necessary. #13 Items by City Manager Taylor and Staff . No comments. #14 Items by Council Councilmember Douglas . No comments Councilmember Trayhan . No comments. Councilmember Agee . Absent Mayor Pro-tern Wilenchik . Provided Doggy Dash update; Leslie Mouton/Mayor Baldwin will start race, April 29th 8:00 am start. . Inquired on status of placement impact fees as agenda item. Was advised it is still a work in progress and plan is to have data possibly on a future agenda in a couple of weeks. . Made mentioned that Council minutes were out of sequence and seems as minutes are missing. Special Called Mtg. 4-11-06 165 . Made comments regarding the 4th of July Jubilee vendors, and the change from SBA to the Schertz Chamber of Commerce. He mentioned that he had spoken with VFW recently and was informed of past and current percentage payout to the Chamber and the establishment of new rules having to do with percentage pay out. Would like to alert the City of possible views on these certain issues. Councilmember Carpenter . Inquired when would the Park/Recreation Board convene. Was advised possibly the 3rd Monday in May and that possibly the board would be functional by August 1 st. . Suggested possibly having at a future meeting discussion of Council liaison participation to boards, etc. . Discuss at a future meeting Councils Conduct and Procedures Ordinance and the possibility that the Ordinance has been repealed by the adoption of the new Code. # 15 Items by Mayor . Re-installing the emergency signal alerting the exit of emergency vehicles unto Schertz Parkway . Had an inquiry of placing a crosswalk from Marilyn Drive to the Community Center. . Asked that an executive session be placed on the agenda for next Tuesday meeting regarding compensation of municipal Judge. # 16 ADJOURNMENT Mayor Baldwin adjourued the meeting at 9:05 p.m. , ATTEST: Special Called Mtg. 4-11-06 166