ccsp 09-06-05COUNCIL
SPECIAL SESSION
Tuesday, September 6, 2005
The Schertz City Council convened in special session on Tuesday, September 6,
2005 at 7:00 pm in the Municipal Complez Council Chambers, 1400 Schertz
Parkway, Schertz, Tezas. The following members were present: Mayor Hal Baldwin
presiding, Council Members Carl Douglas, John Trayhan, Reginna .Agee, Tony
Wilenchik and Michael Carpenter. Schertz City Manager Dan Taylor and Deputy
City Secretary Mary Ybarra.
Mayor Baldwin welcomed everyone and called the meeting to order at 7:00 pm, and
asked everyone to rise and join him in the Pledge of Allegiance to the Flag.
#1 PUBLIC AF.ARiNG: To receive citizen commenrts on proposed ad valorem tax
rate.
Mayor Baldwin explained the procedures to be followed during public hearings.
City Manager Taylor stated the tax rate for fiscal year 2005-2006 would be $.3977; this is
required to meet the City budget. He went on to say that the budget is a balanced budget,
and added that at next meeting the budget would be presented to the public in detail.
Mayor Baldwin asked for citizen comments, at this time.
Robert Brockman referenced newspaper article, authored by Oscar Anderson where he
said the City was trying to hide the fact that the City was going to have a tax increase.
Mr. Anderson said that there are only 20 (Schertz residents) subscribers to the Seguin-
Gazette, which is the City's Official newspaper.
#2 ADJOIfRNMENT:
There were no other comments, and Mayor Baldwin closed the public hearing at 7:06
p.m.
The Schertz City Council convened in Regular Session following Special Session at
7:06 p. m. The agenda was as follows:
#1 PROCLAMATION
Mayor Baldwin introduced Emma. Jackson and Dana Mirabelle from the Alamo Chapter
of Payroll Clerks, and at this time read a proclamation proclaiming the first full week of
September as payroll week for the City of Schertz. Ms. Jackson and Ms. Mirabelle
accepted the proclamation on behalf of the association.
ccrg 09-06-05
#Z HEARING OF RESIDENTS
Robert Brockman, 1000 Elbel Road made the following comments:
Compensation for Council, he's been harping on this matter for sometime, he is in
favor of it.
Reported on the Commissioners Court meeting, where it was announced that Don
Richey was selected as Recovery Chairman for the Seguin area. The City is
housing flood victims (20 families) from Katrina hurricane disaster. Tax rate
adoption of $.40 per $100; proposed IH-30 would be taking an extra 1,800 acres,
because of possible rail line; possibly adding an additional $1.50 to license fees
were other items of discussion.
David Hughes, Training Officer with Schertz Fire department reported that a couple of
weeks ago the department held an event; Fill the boot. A total of $4,001 was collected.
He thanked everyone for supporting the event.
Bettv Tate, 7909 Tates Drive commented that she is in support of documentation
regarding the AICUZ survey (agenda item #6). It's an excellent idea to have survey
included in deed filing. She went on to say that in her opinion the survey should be done
on an individual basis and not just on boundary study.
#3 ORDINANCE: Consider and take action on final reading of Ordinance
amending the Unified Development Code (Ordinance 96-5-28) Article VII,
{Special Districts) Section 4.1.
Nancy McBeth stated that because there are two options to consider, she would give a
quick overview on the issue.
She referenced the paragraph (VII 4.1) where it states that `any development of land
within the AICUZ will be referred to the Planning and Zoning Commission for
consideration of a Specific Use Permit in accordance with Article Y, Specific Uses
Staff is requesting the elimination of the permit (option #1). In deliberations the Planning
Commission denied the request in a split vote. The Commission had many reasons for
denial, however the main reason is that the Commission would like to see a fourth level
of oversight connected to AICUZ. She went on to say, that it is staffs opinion that the
combination of the UDC and AICUZ study requirements as currently adopted, cover all
potential issues; provide a level of safety for everyone concerned without the Specific
Use Permit.
In further discussion, provisions of option #2 were introduced, however; this option has
not changed staffs position or recommendations on the issue. Option #2 would add
language to the paragraph to read `arty development of land within the AICUZ will be
referred to the Planning and Zoning Commission for consideration of a Speci, fit Use
Permit in accordance with Article V, Speck Use, except for single-family residential
use :The Planning Commission recommends this option.
After comments made by City Manager Taylor, Ms. Amy Madison (on commercial
impact) relative to advantages, staff recommendations and Council approval of first
ccrg 09-06-05
reading, which included option #2. Council Member Carpenter moved to approve final
reading of Ordinance amending the Unified Development Code (Ordinance 96-5-28)
Article VII, (Special Districts) Section 4.1, to include the language as specified in option
#2. Council Member Trayhan seconded the motion. Before a vote was called, further
discussion followed on the issue by Council Member Wilenchik (on staff
recommendations) and Council Member Carpenter (Planning and Zoning
recommendation). Avote was taken at this time, which was as follows:
AYES: Council Member Trayhan and Carpenter.
NAYS: Council Member Douglas, Agee and Wilenchik.
Motion failed and code remains as it is written.
Further deliberation followed covering issues relative to City impact regarding option #1
(staff recommendation), and at this time, Council Member Douglas moved to approve
option #1 as final reading of Ordinance amending the Unified Development Code
(Ordinance 96-5-28) Article VII, (Special Districts) Section 4.l.Council Member
Wilenchik seconded the motion, and the vote was as follows:
AYES: Council Member Douglas and Wilenchik
NAYS: Council Member Trayhan, Agee and Carpenter.
Mayor Baldwin stated that both options have been disapproved and it was suggested that
staff come back with a single option for Council to consider.
#4 ORDINANCE: Consider and take action on final reading of Ordinance
rezoning 76.588+ acres from Residential-2 District (R 2) to Planned Unit
Development (PUD), formerly Alternative Development District (ADD) for
residential development.
No changes were reported.
Mayor Baldwin introduced an Ordinance and read caption as follows:
ORDINANCE NO.OS-S-41
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AMENDING THE UNIFIED DEVELOPMENT CODE
(UDC) ORDINANCE 96-S-28 BY REZONING 76.589± ACRES OUT OF
THE TORIBIO HERRERA SURVEY NO. 68, ABSTRACT NO. 153,
GUADALUPE COUNTY, TEXAS FROM SINGLE FANIII.Y
RESIDENTIAL DISTRICT-2 (R 2) TO PLANNED UNIT DEVELOPMENT
DISTRICT (PUD); PROVIDING AN EFFECTIVE DATE; AND
PROVIDING A REPEALING CLAUSE.
Council Member Douglas moved to approve final reading of Ordinance rezoning 76.589+
acres from Single Family Residential District-2 (R-2) to Planned Unit Development
District (PUD). Council Member Trayhan seconded the motion, which carried with the
following votes:
ccrg 09-06-05
AYES: Council Members Douglas, Trayhan, Agee, Wilenchik and Carpenter.
NAY: None.
#5 ORDINANCE: Consider and take action on first reading of Ordinance
creating the Schertz Youth Commission.
No changes were reported and Council Member Carpenter moved to approve first reading
of Ordinance creating the Schertz Youth Commission. Council Member Agee seconded
the motion, which carried with the following votes:
AYES: Council Members Douglas, Trayhan, Agee, Wilenchik and Carpenter.
NAY: None.
#6 ORDINANCE: Consider and take action on first reading of Ordinance
authorizing filing of an affidavit of City Manager concerning Randolph Air
Force Base Air Installation Compatible Use Zone.
In discussion relative to the Ordinance it was mentioned engineering survey of AICUZ
boundary would have an estimated cost of $20,000. It was mentioned that if survey were
done individually (property owners) the cost would be very expensive. Other suggests
were introduced such as; publishing outlined map, instead of metes and bounds.
Without further discussion, Council Member Douglas moved to approve first reading of
Ordinance authorizing filing of an affidavit of City Manager concerning Randolph Air
Force Base Air Installation Compatible Use Zone. Council Member Agee seconded the
motion, which carried with the following votes:
AYES: Council Members Douglas, Trayhan, Agee, Wilenchik and Carpenter.
NAY: None.
#7 APPOINTMENT: Consider and take action on appointment of Schertz
Housing Authority Commissioner.
Mayor Baldwin recommended the appointment of Mr. Leon Jones to fill the vacant
position to the Schertz Housing Authority Commission.
Council Member Agee moved to appoint Mr. Leon Jones to the Schertz Housing
Authority Commission. Council Member Trayhan seconded the motion, which carried
with the following votes:
AYES: Council Members Douglas, Trayhan, Agee, Wilenchik and Carpenter.
NAY: None.
#8 Discussion and possible action. on policy governing the naming of parks,
buildings, rooms and other city facilities.
No discussion or action was taken on agenda item, and it was Council consensus to place
this item on future workshop session.
ccrg 09-06-05
#9 Consider and take action on the naming of the new Council Chambers.
No discussion or action was taken on agenda item, and it was Council consensus to place
this item on future workshop session.
#10 Items by City Manager Taylor
General Announcements
Had no comments.
#11 Items by Council
General Announcements
Council Member Douglas
Liaison- EDC
Liaison- Schertz Library Board
^ Congratulated Debbie Gildea, PIO on Schertz Tales (newsletter), it was
outstanding.
Council Member Trayhan
^ Would like to see City Manager recommendation (memo) on items coming
forward from staff.
Mayor Pro-Tem Agee
Liaison Schertz Housing Authority
Liaison Guadalupe County
Children's Advocacy Center
^ Would like to place on a future Council workshop, discussion on agenda
format.
^ Mentioned the Celebrity Roast was outstanding, it was a great success. The
Mayor did an excellent job on Roast of Edmund Kuempel.
Council Member Wilenchik
Liaison-Schertz Humane Society
Liaison - HOA Coalition
Liaison-P&Z Commission
Investment Advisor
^ Would like to place discussion regarding City advertising (newspapers) on
future workshop.
^ Mentioned that `Cause for Paws' fundraiser is being held in Garden Ridge,
October 15, 2005. He believes tickets are going for $30 per person and
$175.00 per table.
ccrg 09-06-05
Council Member Carpenter
Liaison-TSAC
^ Had no comments.
#12 Items by Mayor Baldwin
General Announcements
Liaison-SSLGC
^ Mentioned that BYVA needs a liaison from Council and asked if anyone was
interested. BVYA meets the 3`d Monday of the month.
#13 Budget Workshop
^ Mayor Baldwin announced budget workshop wasn't necessary.
Council Member Trayhan requested the City Manager look at a possible Z% cut (to
budget) across the board. Council Member Douglas stated he is opposed to the 2%
reduction.
#14 Discussion and possible action regarding Gulf Coast Disaster Assistance.
Assistant City Manager Bierschwale reported emergency personnel have been dispatched
to the disaster area and that Dudley Wait, EMS Director would be reporting at a later
date. He did mention that expenses incurred would be reimbursed by FEMA.
He went on to say that he would like to get Council's authorization to fund $500 (out of
the City's animal shelter donation fund) for care of animals due to Katrina disaster.
Without further discussion, Council Member Wilenchik moved to approve funding $500
out of City's animal shelter donation fund. Council Member Douglas seconded the
motion, which carried with following votes:
AYES: Council Members Douglas, Trayhan, Agee, Wilenchik and Carpenter.
NAY: None.
#15 ADJOURNMENT
Mayor Baldwin adjourned the meeting at 8:45
Schertz, Texas
ATTEST:.:
~ G'
Deputy City , ecretar 5 Cii-y of Schertz, Texas
ccrg 09-06-05