ccreg 06-20-06
MINUTES
REGULAR SESSION
20,2006
The Schertz in Regular Session on Tuesday, June 20, 2006
7:00 1400
#4, following present: Mayor
Baldwin presiding, Councilmembers Jim Fowler,.David Scagliola,
and Wilencbik. Absent wasCouncilmember Carpenter. Also present were
City Manager Don Assistant Manager and Deputy
City Secretary Mary Ybarra.
#1 CALL TO ORDER
Mayor Baldwin called the meeting to order at 7:00p.m.
#2 STATES
TEXAS (Honor allegiance to Texas, one and
indivisible).
Pledges were recited.
#3 RESIDENTS
Commerce President made the following comments:
III 4th of July Jubilee is well under way.
III Reminded everyone of ribbon cutting scheduled Thursday for Mike Clifton
Insurance Agency.
III Ribbon cutting scheduled July 5th, 10:45 am for new Restaurant (Aw Dang Asian
Cuisine). The owner is inviting everyone present to a free lunch.
III Plans. finalized for the first Premier Business Show Case scheduled Saturday,
September 30; the "Schertz September Show Case 2006" will spotlight businesses
in the community.
9120 FM1518, had comments that were relative to annexation in the FM
1518 area. He said there was too much development in the area, and there is a need for
control. Many of the residents desire to be annexed into City of Schertz, and not into the
City of San Antonio. A resident group meeting is planned for Monday evening and the
item of discussion is pre-annexation planning into the City of Schertz.
Regular Session 06-20-06 219
#4 NEW, AND
EMPLOYEES.
Amy Madison, Economic Development Director introduced Ms. Jonette Ellis, employee
with. the City since. 2003. She ... started . as an administrative assistance,. later being
promoted to planning technician and last year was promoted to planner 1. The department
is happy to announce the promotion of Ms. Ellis to marketing. specialist to the Economic
Development Department.
Mayor Baldwin explained the procedures to be followed at public hearings.
A) a hearing upon a request for a Specific Use to
allow a single residential home to be located the Air Installation
Compatible Use Zone acre tract is situated
Stacey B. Lewis Survey No. 317, Abstract No. County Block 5068,
Thepropcrtyis located at 11060 \Vare Seguin Road.
is zoned Residential/Agricultural
Steward
Leonard Truitt, Development Services Director briefed Council on the request
(construction of 3,082 sq. ft. single-family residence) provided background information,
and added the request met the application guidelines. Staff and Planning and Zoning
Commission have reviewed and recommend approval. The applicant Fredrick and Patti
Steward are present to answer any questions.
No citizen comments were heard and public hearing was closed.
B) a public upon a request from
to Apartment/Multi-Family Dwelling (R-4).
tract is situated out of Rafael Garza Survey No. 98, Guadalupe County,
The property is generally located southwest corner
and Portage Wieder
Mr. Todd Burek, co-applicant presented a slide presentation of the proposed townhouse
development that consisted of:
III 3 and 4 plex units
II Unit individually owned
II Unit serviced by alley way
III Proposed park
II Establishment of homeowner association
II Two proposed entries onto County Club Blvd-future extension
III Proposed entry onto Portage Lane.
II Tax base
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III Proposed construction and structure
II Unit layout-square footage
Mr. Burek addressed citizen concerns conveyed at the last Planning and Zoning meeting
such as: traffic, quality units, type and number of units, neighborhood aesthetics, zoning,
and sinister developer (that will not happen). He suggested that if Council allows the
rezoning, restrictions could be placed to allowing only the townhouse project. If not,he
would like the opportunity for further discussion on the issue if the project were not
allowed. In conclusion states he looks forward to working with the City as well as
working on addressing citizen concerns.
At this time, engineering firm representative provided traffic study for the project. The
study provided the impact it would generate for the area. Information was .also provided
regarding ongoing discussion with TXDot relative to traffic, and other associated issues.
Mr. Truitt, Director of Development Services stated that letters notifying property owners
of the proposed rezoning were mailed out as required by law. Out of the thirty-four (34)
letters sent, fifteen (15) letters were received in opposition. He added thatthe Planning
and Zoning Commission voted unanimously to disapprove the request and forward this
recommendation to Council to consideration.
Peter McNamee, 3817. Overlook Drive (Scenic Hills) stated concerns relative to the
proposed project:
II More traffic would place children at risk (N orthcliffe area)
III Housing development along FM 1103
III Rezone (no guarantee as to what is developed)
III IH-35 access roadway one-way (increase traffic)
II Multi-family dwelling (location issue)
II Aesthetic issues
Mayor Baldwin pointed out that Mr. McNamee spoke on behalf of residents from Scenic
Hills. Mr. McNamee stated that the project does not affect Scenic Hills directly, however
it would impact the Northcliffe residents (none present); traffic going right through the
subdivision. He added that this is not the first time old-timers fight others battles and it
won't be the last.
C) Hold a upon the City
Development Code, (Zoning Districts), IV (Permissible
Uses) and Article VI. (Density and Applicant:
City of Schertz.
Ms. J onette Ellis explained that review and update of the permissible use (chart) section
has been an ongoing.project for sometime. In a joint meeting between Council and the
Planning and Zoning Commission it was determined that it was necessary to update the
official zoning map to include the necessary zoning districts and to rezone certain parcels.
However, prior to adoption of the official zoning map, the necessary zoning
Regular Session 06-20-06 221
classifications must be adopted into the Unified Development Code (UDC). Because of
this and in order to update the permissible use chart, it is necessary to amend the
following articles of the UDC. Council was provided a revised document with all changes
highlighted to include the following:
1. Article III-Zoning Districts
a. Added zoning districts and descriptions: Planned Unit Development (PUD),
Accident Potential .Zone-Residential Estate (APZ-RE), Residential Estates
(RE), Townhouse (TH), General Business-2 (GB-2), and General Business-3
(GB-3).
1. PUD-adoption of the PUD in December 2005.
2. APZ-RE-residential estate lots of5-acre lotp1us "ranchette". Enforced by
the AICUZ.
RE-residentialestate lot of 5-acres plus "ranchette". Area primarily
outside the APZ-II zone not currently developed.
4. TH-created .to. remove the townhouse product from the R-4 (apartment)
District. Currently no property will be zoned TH, but would be available
for consideration.
5. GB-2-created to place buffer along FM3009 from IH-35 to the northern
city limits. A combination of GB District andM-l District.
6. GB-3-created to place zoning description on the APZ-l zone. A
Commercial/Industrial District with uses allowed in the AICUZ.
b. Section 7.1-Added language to allow the Planning and Zoning Commission
and City Council the authority to zone. parcels of land concurrently with
annexation.
2. Article VI-Density and Dimensional Requirement.
a. Tables VI-A and VI-B Were updated to include new districts..
3. Article IV-Permissible Uses.
a. IV.l.2: New legend for land use chart.
b. IV. Section 5: New use chart
c. IV. Section6: New definition chart.
The Planning and Zoning Commission at the their regular meeting voted to recommend
changes with a recommendation of approval to Council.
D) a public hearing establishing the Closner Equipment
Company, Inc. Reinvestment Applicant: B.
Amy Madison, Economic Development Director described the property as being a 7.981-
acre tract on FM 2252. Mrs. Madison stated that Texas Property. Tax Code requires
creation of Reinvestment Zone prior to establishing a Tax-Phase-In. The company plans
to relocate. the headquarters (based in the San Antonio area) and construct an
office/warehouse service facility in Schertz. A public hearing. is required prior to
establishing the reinvestment zone and a . complete review of financial analysis will be
provided during the Tax Phase-In process. She. added that staff recommends approval.
Regular Session 06-20-06
Mr. Bennet Closner President and CEO of Closner equipment provided a brief history of
the company and noted that decision to relocate to Schertz was due to good
communication skills from city staff. He commended Ms. Madison and Ms. Ellis for their
assistances in the process, which frankly is hard to come by in other cities.
At this time, Mayor Baldwin dosed the public hearings
#6 CONSENT
A) Minutes of the regular meeting of March 7, 2006 and workshop session of
May 23, 2006.
B) ORDINANCE: Discussion and action on final reading on an ordinance
by the City Council of City of Schertz amending the Unified Development
Code (UDC) Ordinance No. 96-S-28 by repealing Ordinance No. 02-S-2,
Article IX, Sign Standards, and creating a new ordinance replacing Article
IX, Sign Standards; establishing a penalty; repealing conflicting
ordinances; and establishing an effective date
C) ORDINANCE: Discussion and action on final reading of an ordinance
by the City Council of the City of Schertz authorizing and adopting rules
of conduct and procedure for meetings ofthe City Council.
D) Approve the EMS write offs.
Councilmember Wilenchik stated he would like agenda item #6A withdrawn for further
discussion.
Councilmember Wilenchik made a motion seconded by Councilmember Fowler to
approve consent agenda items #6 B, C & D. The vote was as follows:
AYES: Council Members Fowler, Scagliola, Agee, and Wilenchik.
NAY: None.
Agenda #6A:
Councilmember Wilenchik informed that in review of the minutes of March 7, 2006 and
workshop session of May 23,2006, he found a significant number of errors that he would
like to turn over to the City Secretary's Department for review. He would like to have
these corrections brought back at next meeting for review and consideration. Council
agreed with the request.
#7 ORDINANCE: Discussion first reading of an
Unified Development Code Ord. 96-S-28 by a specific use
out of the Stacy Survey No. 317 survey, No.
5068, situated
Regular Session 06-20-06 223
residential use Installation
an effective a repealing clause.
Councilmember Agee made a motion seconded by CouncilmemberWilenchik to approve
first reading of an ordinance amending the Unified Development Code Ord. 96-S~28 by
granting a specific use permit for 24.128+ acres out of the Stacy B. Lewis Survey No.
317 survey, Abstract No. 433, County Block 5068, situated in Bexar County, Schertz,
Texas for single-family residential use in the Air Installation Compatible Use Zone
(AICUZ) providing an effective date; and providing a repealing clause. The vote was as
follows:
AYES: Council Members Fowler, Scagliola, Agee, and Wilenchik.
NAY: None.
#8 Discussion and first reading of an the
Code 96~S~28 by acres out of
Rafeal Garza Survey No.. 98, Guadalupe County,Scbertz, Texas
Development (PD) to Apartment/multi-family dwelling district (R-4),
providing an effective date; and providing a repealing
Councilmember Wilenchik made .a motion seconded by Councilmember Scagliola that
Council concur with the Planning and Zoning Commission decision to disapprove the
request as presented. The vote was as follows:
Before a vote was taken a brief discussion by Council covered such items as:
II What is the target age of cliental for the facility?
II Utilization of Park area.
III Possible solution for extending Country Club Blvd.
II No more traffic in the area until a solution is reached.
At vote was taken at this time, and it was as follows:
AYES: Council Members Fowler, Scagliola, Agee, and Wilenchik.
NAY: None.
At this time, Mayor Baldwin stated that he was asked by Ms. Madison to skip to item
#10, Tax Phase~In and Tax Phase-In Agreement and then item #9, establishing the
Reinvestment Zone for Closner Equipment Company.
#10 Discussion and first reading of an ordinance approving a Tax
Phase-In and Tax Phase-in Agreement for Closner Equipment Company, Inc.
Mrs. .Madison, Economic Development Director briefly explained the process, which is a
three step process. The application is reviewed, a complete impact analysis is done,
which is then forwarded to EDC where the application is reviewed and recommendation
is forwarded to Council. Council reviews application, a public hearing on reinvestment
Regular Session 06~20-06 224
zone is scheduled and Council considers the reinvestment zone ordinance as well as
considering Tax Phase-In and Tax-Phase-in agreement ordinance.
She went on to say that the property is an 8~acre tract onFM2252 that would house an
office/warehouse service facility. The company is an authorized dealer for the sale and
support of highway construction equipment. A site plan of the proposed facility was
provided for Council review. At this time, Mrs. Madison presented an evaluation of the
tax phase-in request based on guidelines and criteria and covered the following:
III Tax-phase-in percentages
II Tax revenue calculations
She added that the Closner Equipment Corporation, Inc. qualified for a tax phase-in of
90% for nine years and 35% for one year. It is valued annually at $2,863.44 for the nine-
year period and $1,113.56 for the one-year period, totaling $26,884.52 for the ten-year
term. There are other revenues calculated that included sales tax and payroll and the total
revenues from all sources are estimated at $64,175.85 annually, or $164, 758.50 for the
lO-year term.
In discussion that followed Council covered such items as term of the tax phase-in,
annual revenue estimates, inventory, employee base, staff performance and the city's
good working relationship.
Mr. Closner was welcomed into the City's business community.
At this time, Mayor Baldwin read agenda item #10 stating it was first reading of an
ordinance approving a Tax Phase-In and Tax Phase~in Agreement for Closncr Equipment
Company, Inc., and asked for a motion.
Councilmember Fowler made a motion seconded by Councilmember Agee to approve
agenda item #10 as read by Mayor Baldwin. The vote was as follows:
AYES: Council Members Fowler, Scagliola, Agee, and Wilenchik.
NAY: None.
Before considering item #9 it was determined that item #10 was approved out of order. It
was suggested that for the record to have it state that item #9 was approved prior to item
#10. Councilmember Fowler expressed concern with the suggestion, and was advised that
Council can determine the order at any given time. Mayor Baldwin reminded everyone
that it was first reading and that proper order would be observed at final reading.
Regular Session 06-20-06 225
#9 Discussion and first reading of an · ordinance to establish the
Closner Reinvestment Zone.
At.this .time, Councilmember Wilenchik made. a motion seconded by Councilmember
Scagliola to approve agenda item #9 and have it show for the record that it was approved
prior to item #10. The vote was as follows:
AYES: Council.Members Fowler, Scagliola, Agee, and Wilenchik.
NAY: None.
#11 ORDINANCE: Discussion and fIrst reading of an ordinance amending the City
of Schertz Unified Development Code, Article III (Zoning Districts), Article IV
(Permissible Uses), and Article VI (Density and Dimensional Requirements).
Mayor Baldwin. asked that fIrst reading of the above ordinance not be placed under
consent agenda on next meeting scheduled. Council would like the opportunity for
further discussion on the matter.
At this time, Jonette Ellis stated that isn't a problem, but asked that she would like to get
some direction from Council regarding the Townhouse District permissible use. She also
provided a clarification to the APZ-RE and REdistricts.. It was noted that further
discussion would allow Council the opportunity to address modifications to zoning
districts if necessary.
Councilmember Wilenchik made a motion seconded by Councilmember Agee to approve
first reading of an ordinance amending the City of Schertz Unified Development Code,
Article III (Zoning. Districts), Article IV (Permissible Uses), and. Article VI (Density and
Dimensional Requirements). The vote was as follows:
AYES: Council Members Fowler, Scagliola, Agee, andWilenchik.
NAYS: None.
Discussion and action Personnel Manual.
City Manger Taylor requested that #12 be tabled until the next meeting. Council was
provided with a draft copy of changes for review.
City Attorney, Michael Spain pointed out that the only changes made were to sections:
4.3 5.6and.6.6..There were no other changes made throughout the manual.
Discussion action on BexarMetro 9-1~1 Network Fiscal
2007 Proposed Budget.
City Manager Taylor stated that a letter was sent (copy provided) expressing the City's
concerns. He reported that in discussion with surrounding cities relative to the budget
many of the cities concur with the City's decision to disapprove based on concerns.stated
Regular Session 06-20-06 226
in the letter. He added that one city had approved the budget, but would be sending a
follow up letter.
Councilmember Wilenchik made a motion seconded by Councilmember Fowler to
disapprove Bexar Metro 9-1-1 Network District Fiscal Year 2007 Proposed Budget. The
vote was as follows:
AYES: Council Members Fowler, Scagliola, Agee, and Wilenchik.
NAYS: None.
At this time, Councilmemher Wilenchik addressed Council and stated he would skip the
Executive session. He states that he spoke to Councilmember Carpenter regarding taking
over the liaison position to the Planning and Zoning Commission, because he will be
relinquishing the position. Mr. Carpenter has agreed. He will also relinquish the liaison
position to the HOA coalition and asked that Council reappoint another member. He
would like to stay on the Investment Advisory Committee and adds that due to his current
condition this is about all he can handle.
Councilmember Fowler agreed to take on the liaison position to the HOA coalition.
SESSION: Called under of
Government Code, Sub-Section Section 551.071- Consultant with Attorney
regarding pending and contemplating and Sub-Section Section
- Deliberations about Real Property.
An Executive Session was held from 8:53 p.m. to 10:00 p.m.
#15 Action, any on the Executive Session.
No action was necessary.
#16 Items by Manager Taylor Staff
General Announcements
III There were no comments.
#17 by Council
Council Member Fowler
II Had no comments.
Council Member Scagliola
II Reported on tour ofthe RAFB multi-media center.
Regular Session 06-20-06 227
Council Member Agee
III Had no comments.
Mayor Wilenchik
III Left meeting at 8:53 p.m.
Member Carpenter
II Not present.
#18 Items by Mayor
II No comments.
#19
Mayor Baldwin adjourned the meeting at 10:01 p.m.
ATTEST:
Regular Session 06-20-06 228