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ccss 09-06-2005 . COUNCIL 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 Complex Council Chambers, 1400 Schertz Parkway, Schertz, Texas. The following members were present: Mayor Hal Baldwin presiding, Conncil Members Carl Douglas, John Trayhan, ReginnaAgee, Tony Wilenchik and Michael Carpenter. Schertz City Manager Don 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 HEARING: To receive citizen conunents 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 conunents, 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 ADJOURNMENT: There were no other conunents, 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 #2 HEARING OF RESIDENTS Robert Brockman, 1000 Elhel 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 HU2bes. 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. Betty 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 fi1ing. 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-S-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 V, 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 staff's 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 Pennit. In further discussion, provisions of option #2 were introduced, however; this option has not changed staff's position or recommendations on the issue. Option #2 would add language to the paragraph to read '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 V. Specific Use. e.xaot for sinf!le-familv 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-S-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). A vote 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-S-28) Article VII, (Special Districts) Section 4.I.CounciI 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. 05-S-41 AN ORDINANCE BY THE CITY COUNCIL OF TIlE CITY OF SCHERTZ, TEXAS AMENDING THE UNIFIED DEVELOPMENT CODE (UDC) ORDINANCE 96-S-28 BY REZONING 76.589! ACRES OUT OF TIlE TORIBIO HERRERA SURVEY NO. 68, ABSTRACT NO. 153, GUADALUPE COUNTY, TEXAS FROM SINGLE FAMILY 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 foIlowing 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 InstaIlation Compatible Use Zone. In discussion relative to the Ordinance it was mentioned engineering survey of AlCUZ 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 foIlowing 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 fiIl 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 foIlowing 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 Conncil 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- Tern 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 ofEdrnund KuempeI. 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 BYV A needs a liaison from Council and asked if anyone was interested. BVY A meets the 3rd 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 2% 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 Wllenchik 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 ADJOURN~NT Mayor Baldwin adjourned the meeting at 8:45 . ccrg 09-06-05