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.
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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
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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
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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.
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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.
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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
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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
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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
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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
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~4#.~~
Mayor, City of Schertz, Texas
ATTEST:
~~ ~J~O-'
City Secretary, City of Schertz
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