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.
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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.
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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.
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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
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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.
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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
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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
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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
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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
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