ccswks 09-26-01
Schertz City Council- Special Workshop Session
Wednesday, September 26, 2001
The Schertz City Council convened in Special Workshop session on Wednesday,
September 26, 2001 at 7:00pm in the Municipal Complex Conference room, 1400
Schertz Parkway, Schertz, Texas. The following members were present: Mayor Hal
Baldwin, presiding; Councilmembers Reginna Agee, Ken Greenwald, Norma Head, Billy
Pitts, and Tim Swinney. Staff members present were City Manager Dewey Cashwell and
Planning and Zoning Secretary Mary Ybarra.
Mayor Baldwin called the meeting to order at 7:00pm.
#1 Hearing of Residents:
No one had signed up to speak.
#2 Ordinance: Consider and take Action on first reading of Ordinance rezoning
approximately 41.48 acres out of Guadalupe County from R-2 to NS and R-4.
Mr. Cashwell stated that this is an item that has been brought to Council before. There
was a motion on it and it died for lack of a second. No other action on this request has
taken place.
Mayor Baldwin then asked Mr. Buck Benson if he had anything further to say on this
issue.
Mr. Benson stated that he has spoken with City Council members and City staff and
doesn't feel that there are any additional comments to be made. He then stated that he
would answer any questions that Council may have.
Mr. Swinney commented that he felt it would be better to have the apartments as far
away from the railroad tracks as possible. He asked for clarification on why they would
not change the layout so that the anchor store is closer to the railroad tracks and the
apartments are farther away.
Mr. Tsakies (I\vt'<o.~j owner) stated that the reason is because there is a traffic light at the
Corner of Elbel Road and retailers want to be on a signalized intersection. Apartments
are more of a destination and only need to be on a major road with visibility. He stated
that he has heard concerns from both Planning and Zoning and the City Council and he
does not feel that this will be unsuccessful. Mr. Benson stated that they are going to do
their best to berm the area, plant around it and put parking there.
Mr. Swinney stated that there is sometimes a problem with cars backed up due to the
traffic coming from Randolph Airforce Base (RAFB). He asked if Mr. Tsakies thinks
that would be a problem for the tenants to get onto FM3009 with the traffic backed up.
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Mr. Tsakies stated that he does not feel that would be a big problem with an apartment
complex there.
Mayor Baldwin commented that in the morning, when people who live in the apartments
are going toward IH-35, they are going to have to cross that RAFB traffic.
Mr. Pitts stated that an advantage to that is that Mr. Tsakies is offering to put in a traffic
control device (stoplight) at the middle curb cut that would stop and start the traffic.
Mr. Tsakies stated that he did agree to put in a traffic light, but only if the State approves
it. He commented that he would really like to put in two traffic lights.
Mr. Swinney asked how long would it take to get the anchor store into that location. Mr.
Tsakies stated that it would take a couple of years for that to happen.
Mr. Swinney's understanding is that the grocery store could even attract some of the
traffic away from the HEB area.
Mr. Tsakies stated that the reason that he picked this area is because of the growth (it
would be right in the middle ofit) and he doesn't want his properties near the Interstate.
Mr. Swinney asked if the Apartment Complex would be put in any sooner. Mr. Tsakies
stated that he could get someone to start the demographics within the next few days.
Mayor Baldwin introduced an Ordinance and read the caption as follows:
AN ORDINANCE
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING
THE UNIFIED DEVELOPMENT CODE (UDC) ORDINANCE NO. 96-S-28 BY
REWNING APPROXIMATELY 41.418 ACRES OUT OF GUADALUPE
COUNTY AND REFLECTING SUCH CHANGES ON CERTAIN WNING MAPS
IN ACCORDANCE WITH THE SCHERTZ UDC ORDINANCE.
Without further discussion, Mr. Greenwald movec;! to approve the request to rezone
approximately 41.48 acres out of Guadalupe County from R-2 to NS and R-4. Mr.
Swinney seconded the motion, which carried with the following votes:
AYES: Councilmembers Swinney, Greenwald, Agee, and Pitts
NAYS: Councilmember Head
Mayor Baldwin told Mr. Tsakies that the final reading would be added to the agenda for
next Tuesday.
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#3 Ordinance: Consider and take action amending the Tax Rate Ordinance and
declaring an <Om<O>6ency. (There was a typing error in the Tax Rate Ordinance previously
approved)
Mayor Baldwin introduced an Ordinance and read the caption as follows:
ORDINANCE NO. 01-T-20
LEVYING AND ASSESSING ALL TAXABLE PROPERTY
WITHIN THE CORPORATE LIMITS OF THE CITY OF
SCHERTZ, TEXAS, FOR THE YEAR 2001; PROVIDING THE
BASIS OF ASSESSMENT OF ONE HUNDRED PERCENT (100%)
APPRAISED VALUE AND PROVIDING FOR THE COLLECTION
THEREOF AT THE RATE OF 0.3825 ON THE ONE HUNDRED
DOLLAR ($100.00) ASSESSED VALUATION; AND DECLARING
AN EMERGENCY.
Without further discussion Mr. Swinney moved to approve the Ordinance as printed
above. Mr. Greenwald seconded the motion, which carried with the following votes:
AYES: Councilmembers Swinney, Greenwald, Head, Agee, and Pitts
NAYS: None
#4 Briefing on annexation process for GUADCO MUD Nos. 1 and 2 and
schedule of events.
Mr. Cashwell reported that Staff has begun working out the necessary documentation and
providing a schedule of events to accomplish the annexation of Northcliffe and Scenic
Hills subdivisions. They have also begun discussions with the City ofCibolo concerning
some adjustments of boundary lines to move a couple of small slivers of MUD's 1 and 2
from the ETJ ofCibolo into the ETJ of the City of Schertz. Mr. Cashwell feels that will
be a very cooperative and easy process based on conversations that have been held. The
annexation should be brought to a close not later than December 31, 2001.
Mr. Cashwell stated that Staff has begun to draft the necessary documents for the Service
Plan. Mr. Cashwell anticipates having all service plans no later than the 27th of
September. They will be ready to deliver draft notices of proposed annexations by Friday
to the School districts and City Council packets for next week.
Mr. Spain recommended that this be done in two separate annexation proceedings for the
MUD property. MUD No.2 has issued its financial stat<o..><ou~ and a number of other
documents. MUD No.1 has not responded yet. Mr. Spain stated that they would like to
be able to annex the "whole" MUD and the City cannot do that ifCibolo does not release
that property from the ETJ.
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Mr. Spain then talked a little about the Service Plan. He stated that there would be two
hearings for each of the annexations. The meetings are currently scheduled for October
16th and for November 6th.
Mayor Baldwin asked if there has been any negative reaction as far as people that do not
want to be annexed. Mr. Greenwald stated that there was only one gentleman who had a
negative reaction, the rest were positive.
Mr. Cashwell stated that the gentleman that had the negative reaction was just concerned
if the City could carry all of this off. By the end of the discussion, the gentleman may
have been closer to believing it. Mr. Cashwell stated that one of the gentleman's
concerns was that the City of Schertz would not be able to provide good police response
to that area.
Mr. Pitts asked what the downside is to not meeting the schedule. Mr. Spain stated that if
this were not done by December 31, 2001 then the property couldn't be taxed for 2001.
Mayor Baldwin asked about the bond debt. Mr. Spain stated that the bond debt becomes
Schertz's obligation, the City can pay it off early if they so choose.
Mr. Pitts expessed concern about the location of the Fire and EMS buildings. He feels it
is not a very practical location. Mr. Spain stated that they want the Service Plan just
general enough to give the City some latitude.
Mr. Cashwell explained that they would have to characterize the Service Plan so that the
citizens are clear that they will be provided the same services as the rest of the citizens.
Mr. Greenwald asked when the City needs to look at pursuing the franchise agreement
with NBU. Mr. Spain stated that they are going to need do that very soon.
Mr. Cashwell noted that he did get a letter from Guadalupe Valley Land Coop with the
estimate of the Municipal Franchise Fee (should the City of Schertz annex the Northcliffe
Subdivision). That estimate would be between $16-18,000.00 per year.
#5 Review of Financial Reports (Revenue and Expenditures).
A Financial Report was attached to Council's packets
Mr. Jain at this time explained some of the financial report. He stated that revenue has
improved.
Mayor Baldwin then asked if there were any additional comments or questions on the
report.
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Mr. Cashwell noted that with the events that recently occurred in New York, the Postal
Service has been delayed and that has also delayed some of the payments.
#6 Discussion of Policy on Building Inspection Fees for School Projects.
Mr. Cashwell stated that there has been an agreement for some time. The inspection fees
for construction on school properties have been waived. The value of permits issued in
2001 have been around $11,000.00. With new building permits and plan checking, the
total dollar amount is anticipated to be around $36,000.00. This does not include any of
the fees that would be charged for mechanical, electrical or plumbing permits. Mr.
Cashwell stated it is very commendable that the City is not charging the schools for these
permits. He feels that it might be a better choice to give the schools a contribution at
some point during the year rather than to provide free inspections. Mr. Cashwell stated
that a free inspection might be perceived as a more lenient inspection. He also
commented that he did not believe that this is a customary practice for other jurisdictions
in the state.
Mayor Baldwin then asked if Leonard Truitt has any additional comments. Mr. Truitt did
not.
Mayor Baldwin asked if the school district knew about these new plans. Mr. Cashwell
informed Mayor Baldwin that they are not going to tell the school district until Council
decides whether or not this is a feasible way to go.
Mr. Swinney asked if Mayor Baldwin knew how fur back this went. Mayor Baldwin
stated that he did not know. He explained that when he worked for the School District,
they never paid for permits.
Mr. Pitts stated he agrees that the City should charge the school the inspection fees. He
suggested that if the City decides to give back a contribution, it be for student
scholarships only.
There was brief discussion and the consensus of the City Council was to charge the
schools the permit and inspection fees just like they would any other person or place.
#7 EXECUTIVE SESSION: Called under Chapter 551 Texas Government Code,
Sub-Section 561.072, Deliberation regarding real property (ETJ).
An Executive Session was held from 8:10pm. until 8:40pm.
#8 Action, if any, on above Executive Session.
No action taken.
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Mayor Baldwin then asked if Council had any additional COmments or questions.
Mr. Greenwald
.Requested agenda item: discussion of the Sign Ordinance Mr. Spain stated that
Planning and Zoning requested a draft Ordinance for the next meeting.
Mayor Baldwin stated that he would like to also talk about the Overlay District
Ordinance.
Mr. Cashwell
· Joint meeting-Planning and Zoning and City Council-October 10th
· Update on Norma Althouse: Ms. Althouse has had some other complications. Not
sure what the complications are or how severe they are. She has had some ongoing
pain. The earliest anything will be known would be next Tuesday.
· John Woodward retirement program set for October 9th at 6:30pm at the Knights of
Columbus. Limited Staff invitations.
· Staff luncheon for Chief Woodward on Thursday, September 27th from 11 :OOam to
1:00pm.
· Cibolo joint City Council meeting on October 17th at GVEC in the conference room.
· October 11 th is the Economic Development Summit in Live Oak at the Community
Center.
Mayor Baldwin
· Asked that Council attend the Economic Development Summit if possible.
#9 Adjournment: There being no further business to discuss, Mayor Baldwin
adjourned the meeting at 8:55pm.
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ATTEST:
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DeputY cit'1 Setretary, City of Schertz, Texas
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