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ccreg 03-19-1996 REGULAR SESSION OF THE CITY COUNCIL MARCH 19,1996 The Schertz City Council convened in Regular Session on Tuesday, March 19, 1996 at 7:00 p.m. in the Council Chambers of the Municipal Complex, 1400 Schertz Parkway, Schertz, Texas. The following members were present: Mayor Hal Baldwin, presiding; Charles McDonald; Joe Potempa; Earl Sawyer; Timothy Swinney and Ken Greenwald. Staff present were City Manager Kerry Sweatt and City Secretary Norma Althouse. Mayor Baldwin asked everyone to rise and join him in the Pledge of Allegiance to the flag. #1 APPROVAL OF MINUTES: Special Session 1-31-96 Mr. Sawyer moved to approve the minutes for the Special Session of 1-31-96. Mr. Greenwald seconded the motion. Both Mr. McDonald and Mr. Swinney felt there should be more information in the minutes regarding the discussion on Home occupations, and their comments, during the joint meeting with Planning and Zoning. Mr. Swinney suggested approval of the minutes be deferred until they are reviewed. Mr. Sawyer withdrew the original motion, Mr. withdrew the second and a new motion was made. Greenwald Mr. Swinney moved to defer approval of the minutes of the Special Session of 1-31-96 until they are reviewed for clarity regarding the discussion on Home Occupations. Mr. McDonald seconded the motion, which carried with the following votes: AYES: Councilmembers McDonald, Greenwald. Sawyer, Swinney and NAYS: None. ABSTENTIONS: Councilmember Potempa. #2 HEARING OF RESIDENTS: Those citizens wishing to speak on agenda items (other than public hearing items) or items not on the agenda, will be heard at this time. No one had signed up to speak. #3 reading deleting replacing occupancy ORDINANCE: Consider and take action on first of an ordinance amending the Code of Ordinances by Chapter 17, Article III, Room Occupancy Tax, and same with a revised Chapter 17, Article III, Room Tax. -166- Mayor Baldwin introduced an ordinance and read the caption as follows: AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF SCHERTZ, TEXAS, BE AMENDED BY DELETING CHAPTER 17, ARTICLE III, ROOM OCCUPANCY TAX, AND REPLACING SAME WITH A REVISED CHAPTER 17, ARTICLE III, ROOM OCCUPANCY TAX; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. Mr. Sweatt reminded Council this ordinance was adopted on first reading on the 5th of March and has been discussed at two workshops. It simply updates our existing, ordinance and brings it in line with State law. Mr. Sawyer moved to approve the final reading of an ordinance amending the Code of Ordinances by deleting Chapter 17, Article III, Room Occupancy Tax, and replacing same with revised Chapter 17, Article III, Room Occupancy Tax. Mr. Swinney seconded the motion, which carried with the following votes: AYES: Councilmembers McDonald, Potempa, Sawyer, Swinney and Greenwald. NAYS: None. #4 PUBLIC HEARING: To receive citizen comments on a request from Continental Homes (Aspen Homes) to rezone 105.389 acres from GB (General Business), R-1 (Single-Family Dwelling District) and R-2 (Single-Family Dwelling District) to R-6 (Single-Family Dwelling District) (Gated Community). Mr. Sweatt noted this is the Biegert property. It is bounded by Schertz Parkway, by an extension of Savannah Drive in one area behind the school site in the Savannah Square area, and by Ashley Place Unit II. There are at least five potential sections of this area. The first phase is a 25.391 acre tract and on the other side of an extension of Savannah Drive there is a 79.998 acre tract of land. The request is for rezoning of the area to R-6 for the purpose of constructing homes. The discussion has been that of establishing a gated community and representatives of the applicant are here this evening. Mr. Sweatt stated 52 letters were sent to property owners within the required distance and 6 were returned in favor and one was returned in opposition. During the course of the Planning and Zoning public hearing, some Deer Haven residents were provided information that described a 60' buffer zone between their subdivision and the one being proposed. Mr. Sweatt reminded the Commission that the -167- request for rezoning also includes a request for a yard setback variance of 5 feet while maintaining 15 between homes. side feet Mr. Sweatt went on to say there were some questions about drainage raised at the last workshop and he has a sketch prepared by the consulting engineers outlining the drainage. Also, the issue was raised about whether or not Continental Homes of Texas, dba Aspen Homes, is the same Continental Homes that developed Live Oak Hills and research has ascertained they are not one and the same. Mr. Pruski and Mr. Hanan were present to answer questions on behalf of the applicant. Mr. Pruski reported they are Continental Holding Corp., Inc. and Aspen Homes is 100% owned by Continental Holding Corp., Inc. They are asking for the 5 foot variance, maintaining an aggregate of 15 feet between homes, to save as many of the trees as possible. Mr. Pruski showed Council a Master Plan of the area they plan to develop. There are 102 lots in the first 25 acre tract of land. They intend, at this time, to build a gated community. They also plan to extend Savannah Drive to the end of their property. When the school finishes developing its stage, Savannah Drive will continue on and the rest of the road will be built. Mr. McDonald asked the location of the gates in the first phase and Mr. Pruski explained they will be at the islands off Savannah Drive. Mr. Pruski mentioned that on the other 79 acres they are also proposing a gated entry, but with an exit only to Savannah Drive. Mr. Pruski then distributed pictures of other gated communities they have developed and pointed out this is their fifth one. Saying he knows there will be questions about the homeowners association and what its dues will be, Mr. Pruski commented he had met with Ford Engineering and gone over those details with them. There will be a third party, an asset property management company, to run the homeowners association so they don't fall behind in having enough assets available. Mr. McDonald expressed some concern about having only one exit and wondered if it's a safety hazard. Mr. Pruski explained there are two lanes going in and out except at the gates themselves. The gates are approximately 14 feet. If one gate happens to be blocked, the other can be opened for traffic. Mr. Pruski remarked the management company will all emergency services and the garbage company and codes to them for entry through the gates. Mayor asked if visitors will have to enter a code in get in and was told yes they will. contact issue Baldwin order to -168- Mr. Potempa asked what the Master Plan is for the City of Schertz concerning Savannah Drive. Is it supposed to go through to Schertz Parkway? Mr. Sweatt replied yes it is. Mr. Potempa thought this development would block that, but was informed it will not. Mr. Pruski once again pointed out the location of Schertz Parkway, the location of Savannah Drive and its proposed extension on through to Schertz Parkway, and the location of the gated entrances, off Savannah Drive, to the areas being proposed for development. Mr. Swinney asked if there will be a wall on Schertz Parkway and on Savannah Drive. Mr. Pruski answered there will be a wall along Schertz Parkway, but it hasn't been decided yet what they will do adjacent to Savannah Drive. Mr. McDonald emphasized they will need to do something and Mr. Pruski admitted that's true, it just hasn't been decided what exactly it is yet. They have put fences and columns in all their other existing subdivisions. Mayor Baldwin asked if the 60 foot buffer between the gated community and the Deer Haven Subdivision will be a part of all those homeowners' back yards. Mr. Pruski indicated it will be an open space green area, natural as it is today. The homeowners association will have some responsibility in maintaining it. There will be a fence to the back of the gated community and then the 60 foot buffer between the fence and the Deer Haven Subdivision. Mr. Swinney equipment in because Deer subdivisions. verified that the that area and Mr. Haven residents homeowners cannot put park Pruski said that's correct want a buffer between the Mr. Swinney questioned how important a gated community is as opposed to a non-gated community. Mr. Pruski answered the community will not be segregated, it will just have controlled access. People are interested in having that. Mr. Swinney mentioned a gated community is kind of a radical idea in Schertz. We have always prided ourselves on our low crime rate. Mr. Pruski stressed they are not saying Schertz is a crime-ridden community, they are simply providing something that people want. Mayor Baldwin asked about school bus transportation and Mr. Pruski replied the drivers will have access codes. Mr. Swinney inquired if there's an estimate on how much the sinking fund will have to be to compensate for street and gate maintenance. Mr. Hanan advised that on a subdivision of 100 lots, the monthly fee for each homeowner is approximately $25.00. -169- Mayor Baldwin wondered about the prices of the homes being built and was told they will go from the high $80,000's and up. They are trying to provide affordability for the consumer. Mr. Sweatt stated the term "starter homes" had been used in an earlier discussion and created some confusion. He asked Mr. Pruski to explain the term. Mr. Pruski apologized for using the term because what they meant was affordability. These are not typically starter homes. Mr. McDonald expressed concern about "starter homes" because that usually means the owner will be looking to move on up to a more expensive home and that usually means a heavy turnover as far as residents of the homes. That sometimes results in having a lot of rental properties and he wondered what that would do to a gated community. Mr. Pruski again stressed that the term "starter homes" was the wrong terminology on their part. Mr. Swinney inquired what happens if people, for some reason, stop paying their homeowners dues. If the sinking fund is in bad shape, would the subdivision have to be turned over to the City. Mr. Pruski answered it could happen, but the payment of the homeowners association fee is part of the deed restrictions, so the property could have a lien placed on it. Mayor Baldwin asked if gated communities ever convert to non-gated communities. What is the experience nationally? If they do convert, he would insist there be other exits and entrances into the community. Mr. Pruski answered that so far they've not had that experience. Mr. Greenwald reported he has lived in a non-gated community with only one entrance and exit for the last 24 years. More concern was expressed about the single entrances and exits and about whether the homeowners association would be defunct 15 to 20 years from now. Mr. Sweatt noted that these concerns are covered in the UDC. Mr. Swinney mentioned the waterflow situation. The topography along Schertz parkway has changed drastically. Where will the flow from all these new homes go? Mr. Hanon pointed out the extension of Savannah Drive almost follows the ridge line. The flow from these new homes on the 25 acre tract will go to the channel into the bar ditch on Schertz Parkway. When the 79 acres is developed, there will be a larger drain that flows to the north/northwest. There was further discussion about drainage and Mr. Sawyer asked how big the retention pond is and what is the flow rate. Mr. Hanon replied there is none on the small area. There will be one in the larger area, but they haven't even started it yet. -170- Mr. McDonald observed they are asking so many questions because this is the only time they will ever see the plan. After it's platted, they never see it again. There being no further questions or comments, Mayor Baldwin closed the public hearing at this time. #5 reading and R-2 ORDINANCE: Consider and take of ordinance rezoning 105.389 to R-6 (Gated Community). action on first acres from GB, R-1 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 ZONING ORDINANCE NO. 87-S-1 BY REZONING 105.389 ACRES OF' LAND OUT OF GUADALUPE COUNTY AND REFLECTING SUCH CHANGES ON CERTAIN ZONING MAPS IN ACCORDANCE WITH THE SCHERTZ ZONING ORDINANCE. Mr. Sawyer move~ to approve the first reading ordinance rezoning 105.389 acres from GB, R-1 and R-6 and approving a side yard setback variance of while maintaining 15 feet between homes. Mr. seconded the motion, which carried with the votes: of an R-2 to 5 feet Potempa following AYES: Councilmembers McDonald, Greenwald. Potempa, Sawyer and NAYS: Councilmember Swinney. #6 PUBLIC HEARING: To receive request from Randy Burch to rezone (Single-Family Dwelling District) Dwelling District). citizen comments on a .354 acres from R-2 to R-3 (Two-Family Mr. Sweatt advised this came as a request from Randy Burch, but during the course of the Planning and Zoning public hearing some questions arose regarding ownership of the property and Planning and Zoning tabled the request for further review. Since the notices run concurrently, it was thought appropriate for City Council to hold their public hearing. Fourteen letters were sent to property owners within the required distance. One was returned in favor and one was returned in opposition. There being no comments or questions, Mayor Baldwin closed the public hearing at this time. Mr. Sweatt reported he thinks the ownership of the property has been cleared up, so this will probably be on -171- the next workshop agenda as an action item. .7 ORDINANCE: Consider and take action on first reading of ordinance approving Tax Abatement and Tax Abatement Agreement with Ecko Construction Co. Mayor Baldwin introduced an ordinance and read the caption as follows: AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, APl'ROVING A TAX ABATEMENT AND A TAX ABATEMENT AGREEMENT FOR AND WITH ECKO CONSTRUCTION, A PROPERTY vl\..""R IN THE CITY OF SCHERTZ. Mr. Sweatt commented he was pleased to announce the planned location of Ecko Construction Co. in the City of Schertz. Their representative, and a representative from the Schertz Economic Development Commission, are here tonight to answer any questions Council may have. The basis of the request is $200,00 in capital improvements to the property and job creation in the City of Schertz with a payroll value of $500,000. The proposed site is a 3.921 acre tract on Pipestone Road in the Vestal Subdivision. The Economic Development Commission has reviewed this request and recommended approval to City Council. The company has requested an acceleration of our tax abatement program. Under the terms of our ordinance, the company is entitled to a 32.25% abatement for a Six-year period. After review by the Economic Development Commission, it is recommended a variance to that be granted in which a 80% abatement be issued for the first two years and a 34% abatement be issued for the third year and zero from that point on. The net effect of that remains the same as the six-year phase-in abatement program. Mr. sawyer commented it is nice to see commercial development coming into the City. Mr. McDonald moved to approve the first reading of an ordinance approving an accelerated Tax Abatement and Tax Abatement Agreement with Ecko Construction Co. Mr. Swinney seconded the motion, which carried with the following votes: AYES: Councilmembers McDonald, Potempa, Sawyer, Swinney and Greenwald. NAYS: None. #8 AUDIT: Consider and take action regarding approval of Criminal Asset Forfeitures Audit. Mr. Sweatt reminded Council they have in their packets a -172- copy of the memorandum from Chief Agee describing a required audit of seized funds under Article 59.06G of the Texas Code of Criminal Procedure. We have State funds forfeited in the amount of $3481.00. There is an audit form attached reflecting a total ending balance, including interest, of $3488.91. This has been reviewed by the City's auditor and approval is recommended. Mr. Sawyer moved to approve the Criminal Asset Forfeitures Audit. Mr. Potempa seconded the motion, which carried with the following votes: AYES: Councilmembers McDonald, Potempa, Sawyer, Swinney and Greenwald. NAYS: None. #9 CITY MANAGER'S REPORT: Annou~ced that on Friday, March 29th there will be a retirement party for Chief Agee. The Mayor, the Council and the public are invited to attend. It will be held at the Community Center from 4:00 to 6:00 p.m. with a brief ceremony to be held around 5:00 p.m. #10 ITEMS BY COUNCIL: Mr. McDonald:. A. Thanked the City Manager for responding to the questions he had regarding drainage. B. Inquired Sweatt replied someone to move if the City now owns the shoe store. yes and indicated they are trying to it without destroying it. Mr. find Mr. told grand Potemoa: Asked when Arby's is going to open and the soft opening is tomorrow (March 20th) and opening is scheduled for March 29th and 30th. was the Mr. Sawyer: A. Declared that on May 1st, the VFW will hang the flags on Main Street in observance of Loyalty Day. B. Reminded Council the VFW will be taking pictures of everyone in their caps at the April 16th meeting. C. Inquired about what's being built next to the Texaco station at the corner of Schertz Parkway and Aero. Mr. Sweatt informed Mr. Sawyer it is a new building for the Texas Department of Human Resources. Mr. Sawyer then asked if they're moving off FM 78 to this location and Mr. Sweatt replied he didn't know for sure if this is a totally new location or a location in addition to the one on FM 78. He has placed several calls inquiring about it, but hasn't received an answer yet. D. Questioned if any action had been taken regarding the Cibolo Creek. Mr. Sweatt replied none had been taken. Mr. Sawyer then commented he assumed TXDoT is still planning on widening FM 78. Mr. Sweatt reported they received a letter from TXDoT stating they had contracted -173- out a portion of the right-of-way map preparation. E. Referring to the shoe store, asked if there's any way the City can get the Historical Society to come up with an alternate plan maybe take it down and store it. Mr. Sweatt replied that at this stage, there has not been a final determination that it must be retained. We must make efforts to do that. Mr. sawyer asked what happens if the City just can't do that and Mr. Sweatt replied then it can be disposed of. Mr. about would hours Swinnev: a tour of like to before the A. Mentioned that last the City. What is the see one scheduled on a workshop session. spring they talked status of that? He Wednesday several There was discussion about how long it would take and what the best time would be. Mr. Sweatt ~elt it couldn't be done in several hours, it would more likely take at least half a day. Some Councilmembers wanted to tour various city facilities. Mr. Sweatt emphasized he was talking about two separate tours at two separate times- one of the facilities and one of the City in general. Mr. Sweatt promised to check into arrangements for the tours. Mr. Greenwald: Reminded Council that March 30th is the opening day for BVYA. There will be a parade at 9:00 a.m., Kay Rio will be doing a radio simulcast from the ballfield, the antique Chevrolet Club will be providing transportation for the Mayor and Patsy Torres will be there to provide entertainment. HI ITEMS BY MAYOR: A. the Councilmembers judging opening ceremony. Mentioned the possibility of the team banners for the BVYA B. Stated that at the meeting on the 16th of April they will be presenting a prOClamation to the VFW in honor of Loyalty Day. C. Told Council there is an Ag Fair at Wiederstein School on Friday, March 29th from 9:00 a.m. until 2:00 p.m. He has attended in the past and found it very interesting. If anyone happens to be around at noon time, they do have lunch. #12 ADJOURNMENT: On a motion by Mr. seconded by Mr. Greenwald and unanimously meeting was adjourned at 8:1S p.m. Potempa carried, and the -174- ~4#.~~ Mayor, City of Schertz, Texas ATTEST: ~~ ~J~O-' City Secretary, City of Schertz -175-