ccreg 09-05-06 (2)
MINUTES
CITY COUNCIL
REGULAR SESSION
September 5, 2006
The Schertz City Council convened in Regular Session following Public Hearing on
Tuesday, September 5, 2006 in the Municipal Complex Council Chambers at 7:12
p.m., 1400 Schertz Parkway Building #4, Schertz, Texas. The following members
were present: Mayor Hal Baldwin presiding, Councilmembers Jim Fowler, David
L. Scagliola, Reginna Agee, Tony Wilenchik and Michael Carpenter. Also present
were City Manager Don Taylor, Assistant City Manager John Bierschwale, and
Deputy City Secretary Mary Ybarra.
#1 CALL TO ORDER
Mayor Baldwin called the regular meeting to order at 7:12 p. m.
#2 PLEDGES OF ALLEGIANCE TO THE UNITED STATES AND STATE
OF TEXAS.
Both pledges were recited.
#3 PROCLAMATION: NATIONAL PAYROLL WEEK SEPT. 4-8, 2006.
Mayor Baldwin introduced and read proclamation proclaiming September 4-8, 2006, as
National Payroll Week and presented the proclamation to Ms. Sandra Salvage
representing the American Payroll Association.
#4
INTRODUCTION OF EMPLOYEES:
EVENTS COORDINATOR AND
DEPARTMENT.
FIRE DEPARTMENT, SPECIAL
RECORDS MANAGEMENT
Chief Friesenhahn introduced and read short biographies on two new employees with the
Fire Department, Matt Hamilton and Mark Manley.
Debbie Gildea, Public Information Director introduced and read a short biography on the
City's Events Coordinator and Civic Center Manager, Jessica Robinson.
#5 HEARING OF RESIDENTS
Michael Dahle 9120 E. FM 1518, informed Council that he has been selected to the
School Board Bond Committee for 2006. He welcomes comments, concerns, and
suggestions.
.Tim Simoq 354 Frank Baum, asked Council to research the City's hunting regulations
adjacent to residential areas. Are there requirements of distance (discharge firearms) in a
residential area? He stated he has some concern to police officer responding to incidents
Regular Session 09-05-06
of discharge of firearms, and officers not having correct information on the hunting
regulations. Mr. Simon was informed that the matter would be turned over to the City
Manager for further investigation.
#6 Announcement by Larry Dublin Ford Engineering on Award from Texas
Council of Engineering Companies Award for West Dietz Creek Project.
Larry Dublin, Ford Engineering informed Council that Ford Engineering was awarded
the 2006 Texas CEC Engineering Excellence Award for the West Dietz Creek Project.
He went on to say that the firm has worked with the City for the past 28 years and thanks
the City for that opportunity.
At this time, Mr. Dublin presented Mayor Baldwin with the award plaque for the West
Dietz Creek Project from the Texas Council of Engineering.
#7 CONSENT AGENDA:
Mayor Baldwin read items within the consent agenda and asked if any of the items
needed to be removed for separate consideration. Consent agenda items 7C, 7D and 7E
would be removed for separate consideration.
A) Minutes of Workshop of May 30,2006 and Regular meeting of June
20, 2006.
B) ORDINANCE NO. 06-8-41
An ordinance by the City Council of the City of Schertz, Texas amending the
UDC Ord. 96-S-28 by rezoning 1.765+ acres out of the G. Malpaz No. 67 Survey,
Abstract No. 221, in Guadalupe County, Schertz, Texas from Residential District-
2 (R-2) to Neighborhood Services District (NS); providing an effective date and
providing a repealing clause.
F)
RESOLUTION NO. 06-R-21
A Resolution authorizing the City Manager to execute an lnterloca1 A6"........ent
with the Regional Water Alliance and to administer said a6" ...._.ent on behalf of
the City and appointing Sam Willoughby as the City' .'.........entative to the
Alliance Council of Representatives.
G) Approval of the Schertz Seguin Local Government C"...u....;on FY 2007
Budget
Councilmember Carpenter made a motion, seconded by Councilmember Fowler to
".....u Ie consent agenda items 7A, 7B, 7F and 7G as read. The vote was as follows:
Regu~Sesswn09~5~6
AYES: Council Members Fowler, Scagliola, Agee, Wilenchik and Carpenter.
NA YES: None.
At this time the following agenda items were considered:
Item 7C, 7D and 7E:
7C)
ORDINANCE NO. 06-S-40
An ordinance by the City Council of the City of Schertz, Texas amending the UDC
Ordinance 96-S-28 by rezoning 13.972+ acres out of the Torribo Herrera No. 68
survey, Abstract No. 153, In Guadalupe County, Schertz, Texas Residential District-
1 (R-l) to Residential District-7 (R-7); providing an effective date and providing a
repealing clause.
Councilmember Scagliola stated that he isn't against growth, development nor
developers, and feels that Council campaigns with the promise of planned and managed
growth for future development within the city. However, believes the rezoning from R-l
to R-7 is not planned growth. Increasing residential density over 30% does not fit the
definition of smart managed growth.
At this time, Councilmember Scagliola made a motion, seconded by Councilmember
Fowler to deny the ordinance amending the UDC Ordinance No. 96-S-28 by rezoning
13.972+ acres out of the Torribo Herrera No. 68 survey, Abstract No. 153, Guadalupe
County, Schertz Texas from Residential District-I (R-I) to Residential District-7 (R-7).
A brief discussion followed regarding square footage of both residential district
classifications and concerns regarding the R-7 zoning. Council was reminded that the
ordinance is in its final read, and if there were concerns regarding the rezone, Council
had several opportunities to express these concerns.
At this time a vote was called for the motion on the floor to disappw Ie the rezoning of
13.972 acres from R-l to R-7, the vote was as follows:
AYES: Councilmember Fowler and Scagliola
NA YES: Councilmember Agee, Wilenchik and Carpenter.
Motion failed.
Councilmember Agee made a motion, seconded by Councilmember Carpenter to approve
an ordinance amending the UDC Ordinance No. 96-S-28 by rezoning 13.972+ acres out
of the Torribo Herrera No. 68 survey, Abstract No. 153, In Guadalupe County, Schertz,
Texas from Residential District-l (R-l) to Residential District-7 (R-7). The vote was as
follows:
AYES: Councilmembers Fowler, Agee, Wilenchik and Carpenter.
NA YES: Councilmember Scagliola.
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Mayor Baldwin stated that having heard concerns .""",,':ing the above issue, he believes
the matter warrants further discussion and would like it placed on a future agenda.
70)
ORDINANCE NO. 06-T-42
An ordinance by the City Council of the City of Schertz, Texas establishing the
International Supply Consortium. LLC Reinvestment Zone.
Councilmember Wilenchik stated he recalls that sometime ago a decision was reached
that such items as 7E and 7D, dealing with Tax Phase-In and Tax Phase-In A6".......ents
were not to be included on consent agendas. He added that at last meeting the vote on
item 7C, was not unanimous, which he believes would exclude it from being placed on a
consent agenda. In his opinion such items as Tax Phase-In and Tax Phase-In a6",~.....ents
deserve individual consideration.
A brief discussion followed on the matter and a consensus was not reached regarding
placement of such items on future agendas. At this point, City Manager Taylor asked for
direction from Council regarding Tax Phase-In issues; does Council want these items on
consent agendas or not? Mayor Baldwin stated that he believes the issue needs to be
placed on a future workshop and asked that it be added.
Councilmember Carpenter made a motion, seconded by Councilmember Agee to approve
establishing the International Supply Consortium, LLC Reinvestment Zone. The vote was
as follows:
AYES: Councilmembers Fowler, Scagliola, Agee, and Carpenter.
NA YES: Councilmember Wilenchik.
7E)
ORDINANCE NO. 06-T-43
An ordinance by the City Council of the City of Schertz, Texas approving a Tax
Phase-In and Tax Phase-In Agreement with International Supply Consortium.
LLC.
Councilmember Carpenter made a motion, seconded by Councilmember Fowler to
"'....." Ie a Tax Phase-In and Tax Phase-In Agreement with International Supply
Consortium, LLC. The vote was as follows:
AYES: Councilmembers Fowler, Scagliola, Agee, Wilenchik and Carpenter.
NA YES: None.
#8 Discussion on the ad valorem tax rate.
Ms. Evelyn Boggess provided explanations of exemptions and definitions that are
mandated by law and added that the exemptions help determine the values that are used
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to calculate the effective tax and property tax rate, the M & 0 and I & S for the City. She
also covered in detail the 2006 certified totals received from the appraisal district.
A brief discussion followed on the certified tax roll totals and how the appraisal district
determined the calculations for the City.
#9 ORDINANCE: Discussion and action on f"Irst reading of an ordinance
providing that the Code of Ordinances of the City of Schertz, Texas be
amended by revising Section 18-75, Maximum Limits in School Zones (Green
Valley Road).
Mayor Pro-tem Carpenter made a motion, seconded by Council member Wilenchik to
approve first reading of an ordinance providing that the Code of Ordinances of the City
of Schertz, Texas be amended by revising Section 18-75, Maximum Limits in School
Zones (Green Valley Road). The vote was as follows:
AYES: Councilmembers Fowler, Scagliola, Agee, Wilenchik and Carpenter.
NA YES: None
#10 AGREEMENT: Discussion and action on Public Library Interlocal
Agreement between Guadalupe County and the City of Schertz.
City Manager Taylor explained that the agreement before Council is renewed annually
with Guadalupe County for Library services for citizens of Guadalupe County. For the
term of the a/;<.;.vn,ent the County agrees to pay the City $12,901.00 monthly.
Council member Wilenchik made a motion, seconded by Council member Carpenter to
approve Public Library Interlocal Agreement between Guadalupe County and the City of
Schertz. The vote was as follows:
AYES: Councilmembers Fowler, Scagliola, Agee, Wilenchik and Carpenter.
NA YES: None.
Council recessed at 8:24 p.m. before going into budget workshop.
#11 Budget workshop
Council reconvened at 8:32 p.m.
City Manager Taylor stated that as per Council's direction regarding cutting the budget,
the following budget cuts were made to reflect a 2% cut:
. Crematorium
. Cooler
. Animal contract expense
. Software for paperless agenda
Regular Session 09-05-06
Council Member Wilenchik
.
Inquired on status of alarm permit issue.
Is there a need for review of Ordinance-discharging firearms? After review of
Ordinance, he believes there is adequate protection.
Asked if a date has been scheduled for the Investment Advisory Committee.
Inquired on the last time the City went out for RFP's for Bank Services. Is the
requirement every five years?
.
.
.
Mayor Pro-Tem Carpenter
.
Started a new position (same company), and has a more controlled travel
trend.
Is scheduled to be out of town next week. He attends the P&Z, BVY A and
Library meetings, and asked if anyone would be interested in attending in his
place.
Budget meeting schedule.
.
.
#14 Items by Mayor
. R..,.u.;..J on scheduled meeting (tomorrow) in Seguin to discuss options on
expansion of water. A joint informational meeting for both Mayors.
#15 ADJOURNMENT
Mayor Baldwin adjourned the meeting at 9:42 p.m.
Cli&~
Hal Baldwin\ Mayor, City Schertz
ATTEST:
1J1~ ~M-d /
Mary , D ty City Secretary
Regular Session 09-05-06