Loading...
ccswks 03-13-1996 SPECIAL MEETING OF THE CITY COUNCIL MARCH 13, 1996 The Schertz City Council convened in Special Workshop Session on Wednesday, March 13, 1996 at 7:00 p.m. in the Conference Room of the Municipal Complex, 1400 Schertz Parkway, Schertz, Texas. The following members were present: Mayor Hal Baldwin, presiding; Counci1members Charles McDonald; Joe Potempa; Earl Sawyer; Timothy Swinney and Ken Greenwald. Staff present were City Manager Kerry Sweatt and City secretary Norma Althouse. #1 HEARING OF RESI...."......", Lori Peters announced that effective March 28th, she no longer be with the Herald Newspaper. Her husband accepted a job in Virginia and she will be jqining there. The Council thanked Ms. Peters for all her reporting. will has him good #2 ORDINANCE: amending the Code Article III, Room revised Chapter 17, Discuss final reading of an ordinance of Ordinances by deleting Chapter 17, occupancy Tax, and replacing same with Article III, Room Occupancy Tax. Mr. Sweatt advised this is a recapitulation and reV1S1on to the existing 7% hotel/motel occupancy tax ordinance. It picks up the most recent additions of State law, the exceptions and administrative requirements. It provides for collection, on a quarterly basis, from the hotel operator. As discussed earlier, the City can provide, after two full quarters, an administrative return of 1% to the hotel operator for assistance in collection. Mr. Sweatt further stated the City will establish, as required, a totally separate fund for the hotel/motel occupancy tax. Mr. Sawyer inquired if it will be a separate line item and Mr. Sweatt answered it will be a separate budget, as a matter of fact. After being asked by Mayor Baldwin, Council were ready for this item to be included on night's agenda. agreed they next Tuesday #3 PUBLIC HEARING: Discuss public hearing regarding request from Aspen Homes to rezone 105.389 acres from GB (General Business), R-2 (Single-Family Dwelling District) and R-1 (Single-Family Dwelling District) to R-6 (Single-Family Dwelling District). (Gated Community) Mr. Sweatt commented this 105.389 acres is behind the Deer Haven and Savannah Square Subdivisions and the applicant intends to build a gated community. The first phase is a 25.391 acre tract of land that is bound on the south by Ashley Place Unit 2, Schertz Parkway, and the extension of Savannah Drive and the school site proposed at the back of Davenport. -157- Phases two, three, four and five will be developed on the remainder of the tract on the west side of the extension of Savannah Drive. There are plans for a 60' wide greenbelt running from the back of the property along the perimeter of Deer Haven which will provide a buffer between the residential construction and existing subdivisions. Continental Homes, doing business as Aspen Homes, has stated its intention to build a gated community and they are aware of all the proposed Unified Development Code requirements for such development. They profess to have no problem in complying with all the regulations. Planning and Zoning held its public hearing last night and is recommending approval of the rezoning. Fifty-two letters were sent to property owners within the required distance and six were returned in favor and one returned in opposition. Mr. Potempa mentioned that he thought at one time the City had plans to extend Savannah Drive out to Schertz Parkway. Now that a gated community is proposed, does that mean it won't happen. Mr. Sweatt emphasized that Savannah Drive will be extended out to Schertz Parkway. Mr. Sawyer thought maybe Mr. Potempa was referring to the fact the City was looking at one time to provide another way out of Deer Haven. Mayor Baldwin asked if there are plans to open up Antler or Fawn and was told by Mr. Sweatt there are no such plans. Mr. Swinney asked if they expect any drainage problems. Mr. Greenwald pointed out this will flow down to a natural drain that will come to a 70' wide drainage culvert on the 25 acre section. Mr. McDonald inquired if it will drain into the pond they're building on Dimrock and Mr. Greenwald replied it will eventually. Mr. McDonald indicated he doesn't feel that pond can handle all the run off. Merwin Willman stated that has been taken care of, but Mr. McDonald disagreed. Mr. Potempa asked how it has been taken care of and Mr. Willman replied through the construction of the retention pond. Mr. McDonald still disagreed, but Mr. Willman maintained the engineers are saying the drainage has been carefully looked at and worked out so there's no problem. Mr. Potempa asked where the gates are going to be. Mr. Willman replied there will be two of them, one on each side of Savannah Drive. Mayor Baldwin wondered if one way in and one way out is good. Mr. Willman pointed out that's the way it is in a gated community. There was discussion about whether or not a gated community had been approved yet and Mr. Willman mentioned this request is strictly for the rezoning of the land. Mr. Sweatt added nothing is final until the platting is approved. -158- Mr. Swinney questioned how emergency services will be affected. Mr. Willman answered they will have codes for opening up the gates. Mr. Greenwald noted the UDC contains pretty stringent requirements about these things. They still have to meet all City zoning and subdivision regulations and there are conditions for the homeowners associations as far as having money to pay for street repair, street lights, etc. That all has to come through the City first. Mayor Baldwin asked if the water and sewer system belongs to the City and Mr. Greenwald replied yes it does. All services will have access. The Mayor then asked about school busses. Mr. Greenwald answered they will probably also have code access. Mr. Potempa questioned how many homes they pla~ to build. Mr. Sweatt thought it was 50 homes in the first phase. Mr. Potempa then asked the price range of the homes and Mr. Greenwald answered $120,000. Mr. McDonald said he had read somewhere in the information provided they plan to build starter homes. He doesn't think they need starter homes in a gated community. Mr. Sweatt reminded Council the applicant has also asked for, and Planning and Zoning has recommended approval of, a side yard setback variance of 5' while maintaining an aggregate of 15' between homes. Mr. Swinney expressed the opinion that gated communities may not be what the City wants. It seems like we're segmenting our society. Schertz has always flaunted its low crime rate and now we're considering building gated communities. It bothers him that "The Friendly City" is full of moats and walls. Mr. Greenwald pointed out that if the gated fails, then the City takes over and it becomes subdivision. community an open Mayor Baldwin brought up a couple of downsides to communities. First, there is only one entrance and exit. This presents a lot of problems to the City as as emergency services. Second, they will expect all services of any other community except street repair. gated one far the Mr. Sawyer pointed out they will be paying taxes the same as any other residents and the City will have no problems getting their emergency services in through the gates. Mr. Sawyer noted he doesn't see much of a downside, it's mostly philosophical. One good thing is that gated communities keep out door to door solicitation. Mr. Greenwald remarked the only downside he sees is the extra money per month in assessments so money is available for street repair, but they know that when they buy and it's their choice. -159- Mr. McDonald still had a problem with the drainage. asked if there's another way to move that much water. there another option? Mr. Sweatt answered you cannot natural drainage. He Is move Mr. Greenwald advised, as far as drainage, the engineer for the developer has to use the guidelines for the 100% build out. Ford Engineering has to verify the information and approve the plans. They both have to comply with all the state laws about diverting water. He doesn't know what else you can do. Mr. Sawyer added if we don't believe the engineers we have, we ought to fire them and get some new ones. Mr. Swinney commented he doesn't think Mr. McDonald is questioning the credibility of the engineers, he just wants to know that the City has looked at all the optiQns. Mr. Sweatt informed Council the public'hearing for this is scheduled for next Tuesday night. He will request that representatives of the developer be here to answer questions. He also reminded Council this is a zoning issue. Mayor Baldwin commented he is glad to see Savannah Drive go all the way through to Schertz Parkway. Mr. Potempa asked if this is the same Continental Texas that put in 13th Row (Live Oak Hills). Mr. answered he doesn't think so, but he will check on Homes of Sweatt it. After being asked by Mayor Baldwin if they were ready this item to go to public hearing, Council agreed were ready. for they #4 ORDINANCE: Discuss first reading of an ordinance rezoning 105.389 acres from GB, R-2 and R-l to R-6. Mr. Sweatt advised this is not an action item tonight, but is an item that normally follows a public hearing. Council was ready to go with this item for next Tuesday night's agenda. #5 PUBLIC HEARING: Discuss public hearing regarding request from Randy Burch to rezone .0354 acres from R-2 (Single-Family Dwelling District) to R-3 (Two-Fmaily Dwelling District). Mr. Sweatt related this request has been tabled by the Planning and Zoning Commission after some questions of ownership arose last night at their public hearing. It is suggested that since a public hearing has been called, it is appropriate for Council to open the public hearing and consider testimony, but then table the issue pending further investigation by the Planning and Zoning Commission and their recommendation. It is too late to cancel the -160- public hearing because those notices are run concurrently. Fourteen letters were sent to property owners within the required distance and one was returned in favor. Several people were at the hearing last night and that's when questions about the ownership of the property arose. Mr. Greenwald remarked that Mr. property and not Mr Burch. Mr. clearly a mystery. Dicus claims he owns the Sweatt observed this is Council affirmed their readiness for this item to be included on next Tuesday night's agenda. #6 ORDINANCE: Discuss first reading of an ordinance rezoning .0354 acres from R-2 to R-3. (Since this item has to do with the results of , a from Randy Burch whose ownership of the property is in question, there is no need to include it Tuesday night's agenda.) request involved on next #7 TAX ABATEMENT: Discuss Economic Development Commission's tax abatement recommendations for I.T.M., Inc. Mr. Sweatt requested this item be removed from the pending additional information. I.T.M. wants to with the Economic Development Commission again moving ahead. agenda speak before I.T.M. is a large manufacturing company which builds robotics for assembly plants. They still plan on coming into the City and the City is pleased to have them. They just need to have some issues clarified before proceeding. #8 TAX ABATEMENT: Discuss Economic Commission's tax abatement recommendations Construction Co. Development for Ecko Mr. Sweatt related this item was considered by the Economic Development Commission at an earlier meeting. The request is for a tax abatement from Ecko Construction Company. They are currently located in Selma and are planning to relocate in the Vestal Subdivision. They are primarily in the concrete construction business. The proposed location is a 3.9 acre tract in Comal County on Pipestone which is the primary entrance into the Vestal Subdivision. The current property value is estimated at $15,000. The improvements are estimated to be $200,000. That, coupled with approximately $200,000 in personal property will bring an improved value to the property of $415,000. Under the current value, the tax is $61.08. If the improvements are made, the ad valorem taxes on the property will be $1689.88. Under the terms of our current abatement guidelines, the company is eligible for a 32.25% abatement which amounts to $262 annually. -161- Mark Marquez laid out the site plan for the Council to see. Joy Ennis, representing Ecko Construction, reported they are a concrete contractor and 90% of their business is residential. They are currently doing a lot of work in Schertz. They are 17 years old and have 35 permanent employees and employ 18 different sub-contractor groups. They will have an office, a warehouse and a fenced yard where they will store their equipment. They are now located in three places and this will allow them to consolidate and be in one place. They Bank in Schertz and about 50% of the readymix they purchase, they buy from Beck. Mr. Sweatt mentioned the Economic Development Commission reviewed this request and found it to be a good deal for the City. Net revenues to the City cover the cost of the abatement by a ratio of 24 to l. As a result of the request by Ecko Construction, the Economic Development Commission did consider a variance to tne standard policy. They qualified for a 32.25% abatement over a six year period of time. The company has asked, because of some intense capital investment, that instead they be granted an 80% abatement for the first two years, 34% for the third year and 0% after that. It is believed that is still a good deal for the City and for Ecko Construction. The area is not in a reinvestment zone, so it is not necessary to hold a public hearing on that issue. Council admitted they were ready for this item to be included on next Tuesday night's agenda. #9 CITY MANAGER'S REPORT: Requested the Council's indulgence to allow him to add an action item to next week's agenda. As required under Article 59-106 of the Texas Code of Criminal Procedures, it is mandatory that Council annually approve and accept an audit of certain asset forfeiture funds. Council approved this item being on next Tuesday night's agenda. #10 ITEMS BY COUNCIL: Mr. Swinney: A. Declared Schertz made the Express-News Business Section this morning. The gist of the article is that the San Antonio work force, for the most part, is unprepared for technological jobs. The article implies a lot of people are moving to this area because of the quality of the education our students are getting. They did report Schertz is taking advantage of the half cent sales tax, but of course that's incorrect. B. There has been some feedback from volunteers regarding the graffiti project. When can we expect some volunteers from the court? Mr. Sweatt told Mr. Swinney if he will set a time for a project, he will speak with the Judge. Mr. Swinney indicated there are three projects - the VFW, Pic-N-pac and the railroad trestle. Mr. Sawyer mentioned the VFW is ready and he suggests not waiting for a reply from Coronado Paint. Mr. Swinney -162- asked if Coronado is not participating and was told by Mr. Sweatt they are not. Mr. Swinney expressed the desire to get this completed in April while they have the momentum going. There was a brief discussion about possible participating businesses and civic organizations. Mr. Potemoa: Reported he had a businessman on FM 78 asked what the city is going to do to help his business. Mayor Baldwin stated if he wants to expand, the City has an abatement plan for businesses. Mr. Sawyer recommended telling the business owner that the Mayor, the City Manager and Representative Kuempel have been pushing the State to widen FM 78, but to no avail. Mr. Potempa said he told him some of the businesses on FM 78 need to clean up a little and also told him in due time FM 78 would be widened. Mr. Potempa wasn't exactly sure what the business owner wanted the city to do. Mr. Swinney remarked a lot of the businesses along FM 78 used to cater to the military, but they have done away with that. His suggestion was they start doing it again. Mr. Marquez observed that for a long time the businesses on FM 78 had a captive market, but now there's competition. Mr. Sweatt added the businesses were very much opposed to the half cent sales tax which would have helped them. Mayor Baldwin and other business owner visit with available to them. Councilmembers Mr. Marquez suggested the about options Mr. Greenwald: Reported he meeting Monday night. The City of membership. By charter, they have had attended a CRWA LaVernia has applied for to be considered. San Antonio water billing has lots of information on how to cut water usage. CRWA is going to apply for the Safe Harbor Designation. This is an application to Fish and Wildlife which says, essentially, you've done everything as far as conservation and have cut consumption, so when you reach the maximum and the spring flows drop and some fish die, it's not your fault. Mr. Sweatt said it sounds contract with Fish and acknowledged they need a lot a decision. like they're entering into a Wildlife. Mr. Greenwald more information before making They're having a special meeting the 28th of March - Policy Committee and Budget Committee both. One of the items -163- being proposed to put in the bylaws is to cut down to one member from each entity. That got thrown out the other night. Another thing being proposed is that Trustees take office on May 1st and that a Trustee may not serve more than three consecutive one-year terms. Mr. Greenwald asked for Council's opinion. He, personally, thinks the CRWA should not limit any entity to only one representative on the Board. Mayor Baldwin asked who's going to be making that decision. Mr. Greenwald replied the Policy Committee will review it as well as the Budget Committee and make recommendations to the Board. If that's not what Council wants, that's the way he will proceed. Council was not in favor of limiting terms. There is a possibility CRWA can pick up 1,000 acre feet of river run water for $1.00 an acre foot. Mr. Sawver: Referred to the Cibo1o Creek and a study done several years ago by the Army Corps of 'Engineers. Can we pressure them to come and clean out the Creek? Mayor Baldwin asked if they do that kind of thing. Mr. Sweatt replied they do, but you need to be prepared for the kind of job they do. They operate on a kind of scorched earth policy. When they're finished, everything is channelized and every tree and obstruction is gone. Mr. Greenwald mentioned it's not just the Creek, it's also where the East Dietz flows backwards into the Cibo1o. Mr. Sawyer said he's talking about the whole area. Mr. Greenwald admitted channelization would be a big help. Mayor Baldwin remarked on the levee at Beck Concrete and indicated he is waiting for it to overflow. Mr. McDonald: Asked where they are as far as the charter review. Mayor Baldwin related they have two volunteers. Mr. McDonald wondered if they should be appointed before the election and Mr. Sawyer adamantly objected, saying they should wait until after the election or it will turn into a big political football. Mr. Sawyer asked Mr. Sweatt if he had contacted former Mayors and City Council people. Mr. Sweatt replied no, he had not been directed to do so. Mr. Greenwald thought Council should start looking at any changes they may want to make. This committee needs something to start on. Mr. Sawyer urged everyone to read the Charter, make a of recommended changes, bring them to Mr. Sweatt, and make the suggestions over the Mayor's signature. Greenwald also noted the City Attorney needs to read over and see if anything needs to be brought up to date. list then Mr. it Possible members for a Charter Committee were discussed. Mayor Baldwin wanted to wait until after the election, but others thought they should get started sooner. It was -164- agreed to try and find some members for the committee and attempt to get started. #11 ITEMS BY MAYOR: A. Referred to a letter they received from Texas Senator Frank Madla concerning consolidation of City and County governments. He has asked for Council's comments, suggestions and recommendations pertaining to these interim changes. There was a bill presented to the 74th legislature which failed and the recommendation by Lt. Governor Bullock was to put it into City Committee and see what complications are involved. Senator MadIa will review comments from the cities and hold a public hearing on the issue. The Mayor stated he knows this doesn't affect Schertz because he feels Guadalupe County will not want to consolidate. Mr. Greenwald pointed out that's the problem. We need to identify. What about the city that's in three counties? Do the County regulations supersede the city's regulations? At this response Sweatt's time Mayor Baldwin read Mr. Sweatt's letter regarding consolidation. Council agreed with response. Consensus was to send the letter. of Mr. B. Reported today was the groundbreaking ceremony for the new Seguin State Bank on FM 3009. It's going to be a nice building. Mr. Sweatt reported that some good comments were made today by people who do not live in Schertz that this will be the epicenter of the development of the old area. C. Announced tomorrow and wishes to go. there is a Northeast he will be glad to take Partnership meeting anyone along who #10 ADJOURNMENT: On a motion by Mr. Potempa, seconded by Mr. Sawyer and unanimously approved, the meeting was adjourned at 8:40 p.m. 02 ~" \ -.. Mayor, City of Schertz, Texas ATTEST: ~ /2ldAU~L/ City Secretary, City of Schertz -165-