ccreg 04-02-1996
REGULAR SESSION OF THE CITY COUNCIL
APRIL 2, 1996
The Schertz City Council convened in Regular Session on
Tuesday, April 2, 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 welcomed members of VFW Post 8315, Commander
Marsh and the ladies from the VFW Auxiliary and asked
everyone to rise and join him in the Pledge of Allegiance
to the flag.
Commander Marsh commented this is an unusual situation as
the Mayor and all the Councilmembers are members of the
VFW. They are trying to get some national publicity out of
it. Pictures were then taken of the Mayor and Council and
remaining VFW members in their VFW hats.
Commander Marsh presented a plaque to retired Police Chief
Agee in appreciation of his years of service to the City of
Schertz.
Before departing, Commander Marsh announced that April 28th
is Loyalty Day at the VFW and Jerry Bethke is in charge of
the program.
#1 APPROVAL OF MINUTES: Special Session 1-31-96
Special Session 2-14-96
Regular Session 2-20-96
Mr. Sawyer moved to approve the minutes for the Special
Session of 1-31-96, the Special Session of 2-14-96 and the
Regular Session of 2-20-96. Mr. Greenwald seconded the
motion, which carried with the following votes:
Soecial Session 1-31-96:
AYES: Councilmembers McDonald,
Greenwald.
Sawyer, Swinney
and
NAYS: None.
ABSTENTIONS: Councilmember Potempa.
Soecial Session 2-14-96:
AYES: Councilmembers McDonald,
Greenwald.
Sawyer, Swinney
and
NAYS: None.
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ABSTENTIONS: Councilmember Potempa.
Renular Session 2-20-96:
AYES: Councilmembers McDonald, Potempa, Sawyer, Swinney
and Greenwald.
NAYS: None.
ABSTENTIONS: None.
#2 HEARING
speak on agenda
items not on the
OF RESIDENTS: Those citizens wishing
items (other than public hearing items)
agenda, will be heard at this time.
to
or
No one had signed up to speak.
#3
reading
and R-2
ORDINANCE: Consider and
of ordinance rezoning
to R-6 (Gated Community)
take action on
105.38g acres from
(Aspen Homes).
final
GB, R-l
Mayor Baldwin introduced an ordinance and read the caption
as follows:
ORDINANCE NO. 96-S-6
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 moved to approve the final reading of an
ordinance rezoning 105.389 acres from GB, R-l and R-2 to
R-6 and approving a side yard setback variance of 5 feet
while maintaining 15 feet between homes. Mr. Greenwald
seconded the motion.
Mr. Sweatt
representatives
questions.
advised that at
of Aspen Homes
Council's
are here to
request,
answer
Mr. McDonald asked if a school bus has one or two
on it and wondered how they gain access to the
community if there's only one driver on the bus.
Baldwin replied there's only one driver unless
Special Education bus.
adults
gated
Mayor
it's a
Dave Matlock, President of Aspen Homes, replied the bus
driver will have an access code and acknowledged he may
have to disembark the vehicle. What they have done in
other gated communities is to open the gates at certain
periods of time, for example in the mornings for several
hours and in the afternoons for several hours to
accommodate a school bus.
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Mr. McDonald pointed out he doesn't know if it's legal for
the driver to leave the bus. Mr. Matlock assured him
allowances could be made for a school bus.
Mr. Potempa asked if Council turns down a gated community,
will Aspen Homes still build. Mr. Matlock replied
probably. Since the article appeared in the newspaper,
they've had lots of calls and quite a bit of interest
expressed about a gated community. If Council turned down
the gated community, they would most likely go ahead and
build.
Mr. Swinney stated he is impressed with the good
reputation of Aspen Homes. His concern is focused more on
the concept of a gated community. He asked Mr. Matlock if
he has any background information on how long the concept
of gated communities has been around.
Mr. Matlock answered it is a fairly new concept and he
would estimate it's been around for 5-7 years. Aspen Homes
has been doing gated communities for the last 4 years and
it has been very successful for them. It is market driven
and they have found their buyers are willing to pay a
little bit more for the security. They did a survey and
found many people prefer security versus other types of
amenities.
Mr. Matlock went on to say the Council's concerns are
valid and he applauds them for that. A very strong
homeowners association is needed to make sure the resources
are available to maintain the streets and he feels they
will have that. Aspen Homes intends to be in the community
for a long time and he has found their best referrals are
current homeowners.
Mayor Baldwin questioned if they are developing the 25 acre
tract first and was told yes they are. The Mayor then
wanted it reaffirmed there will be more than one entrance
off the 79 acre tract and was assured there will be two
entrances off that tract.
Mr. McDonald asked what the monthly dues are for the
homeowners association and Mr. Matlock replied it depends
a lot on the size of the community. There is a separate
agency that will take care of all those details.
Mr. Swinney mentioned the prices of these proposed homes
seem to be lower than the typical gated community. Mr.
Matlock indicated that's not true. The prices will be in
the low 90,000's and up and that's pretty much their bread
and butter.
Mr. SWinney, then speaking to Mr. Pruski of Aspen Homes,
mentioned the last time he was here they spoke about demand
and he will agree there's probably a demand for gated
communities, but his observation is that even the homes
being built in non-gated communities are selling as fast as
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they can get them constructed.
Mr. Swinney, referring to the stringent requirements laid
out for gated communities by Planning and Zoning in the
UDC, expressed concern about the developer following
everything to the letter through completion and then ten
years down the road it's a whole different situation. His
big stumbling block is they don't have a track record on
gated communities. According to the UDC, Council has the
right to audit the books of the homeowners association.
What happens if the books are in shambles?
Mr. Matlock suggested the Council take a look at the track
record of the homeowners associations of Aspen Homes and
realize they are very strong. Their homeowners are very
prideful. There will always be turnover, but their
homeowners associations have procedures in place to make
sure their communities keep in line.
Mr. McDonald still thought there may be a problem when
people realize they are paying for streets twice. Mr.
Swinney stressed they know that going in and Mr. Matlock
emphasized they make their buyers very aware of that.
Mayor Baldwin asked if having a gated community is in
of amenities and Mr. Matlock replied not necessarily
does not preclude having amenities. Mayor Baldwin
asked if a club house or community center is planned
the 25 acre tract and was told not at this time.
lieu
- it
then
for
There was a brief discussion on having privacy
having amenities. Mr. Sawyer commented Deer Haven
private community. The only thing it doesn't have
wall around it or gates.
versus
is a
is a
Mr. Swinney thought Council should give some consideration
as to how a gated community will affect the City on down
the line. Mr. Sawyer remarked they can put in the proper
safeguards. Mayor Baldwin indicated the UDC can always be
amended. Mr. Greenwald stated the basic concept here is
to make sure there's coverage so the roads are inspected
and the utilities and gates are maintained. Mr. Swinney
still felt this ultimately takes the City to a litigation
situation.
Mr. Sawyer pointed out there is another gated community
going in which was already properly zoned for that and the
Council has no say. It will go in whether they like it or
not. Mr. Swinney felt that's exactly the point for making
a case to change the policy.
Mr. Greenwald reminded Council the question before them is
not "gated", it is zoning. "Gated" has nothing to do with
it. Is R-6 the highest and best use of the land or should
it remain GB, R-1 and R-2?
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Mr. Matlock added that "gated" is very important to them
from a marketing standpoint. If the Council rejects that,
they will probably build out the 25 acre tract with no
gates, but not develop the 79 acre tract.
Discussion followed about whether or not Council has any
control over this being a gated community and Mr.
Greenwald acknowledged that's part of the platting process.
The UDC lays out very stringent requirements for a gated
community.
Mayor Baldwin then asked where in the UDC it says Council
has the right to decide whether or not a developer can
build a gated community. Mr. Sweatt interjected to say
the only way Council would have a say would be if they
decided R-6 zoning is an improper zoning for a gated
community.
Mayor Baldwin observed that everything "they've approved in
the last five years has been R-6. Mr. Greenwald commented
there are still a bunch of R-l lots in the City, but they
are not selling.
Mr. McDonald suggested conveying their concerns to
Planning and Zoning. Mr. Greenwald admitted Planning and
Zoning is well aware of Council's concern. As a matter of
fact, they are still waiting on the lawyer's decision
regarding the UDC.
Mr. Swinney commented it
Planning and zoning was not
gated community in Schertz.
Planning and Zoning's concern
but rather the lot size.
appears from the vote that
all that anxious to have a
Mr. Matlock pointed out
was not the gated community,
Mayor Baldwin noted the decision right now is whether or
not to rezone. Mr. Greenwald emphasized if the rezoning
is denied, they cannot request rezoning on that same
property again for one year.
Mr. McDonald asked if they've met
imposed on other developers and Mr.
have.
all the requirements
Greenwald replied they
Mr. Swinney, saying he thinks the system stinks, vowed not
to penalize Aspen Homes because of the system.
Mr. sawyer recommended Mr. Sweatt write a letter to
Planning and Zoning expressing the Council's concerns.
At this time the vote was taken, and the motion carried
with the following votes.
AYES: Councilmemhers McDonald,
Greenwald.
Potempa, Sawyer
and
NAYS: None.
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ABSTENTIONS:
Councilmember Swinney.
Mr. Sweatt
requirements
not preclude
advised Council there is a pending set of
for gated communities under the UDC. It does
the creation of additional zoning categories.
Mayor Baldwin questioned why we can't require that gated
communities fall under the PUD zoning. Mr. Greenwald
answered the concept of PUD zoning is mixtures for
example, apartments, single-family residences and some
neighborhood services.
After a discussion in which Councilmembers voiced the
opinion they don't have any control over approving gated
communities and feel they had no choice tonight but to
approve the R-6 rezoning request, Mr. Willman reminded
them they can tell Planning and zoning what to ,do. They
are the boss.
Mr. Sweatt mentioned that some other cities have
designated the responsibility of the final platting process
to the Council and away from Planning and Zoning. If it is
the wish of Council to do this, it can be done.
At this point, Council
communities placed on
discussion.
decided they would
the next workshop
like gated
agenda for
#4 ORDINANCE: Consider and take action on
reading of ordinance approving Tax Abatement and
Abatement Agreement for and with Ecko Construction Co.
final
Tax
Mayor Baldwin introduced an ordinance and read the caption
as follows:
ORDINANCE NO. 96-T-7
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS, APPROVING A TAX ABATEMENT AND A TAX
ABATEMENT AGREEMENT FOR AND WITH ECKO
CONSTRUCTION, A PROPERTY OWNER IN THE CITY OF
SCHERTZ.
Mr. Sawyer moved to
ordinance authorizing a
Agreement for and with
seconded the motion.
approve the final
Tax Abatement and a
Ecko Construction.
reading of an
Tax Abatement
Mr. McDonald
Joy Kutz of
Schertz and
pleasure.
Ecko Construction complimented the
its staff saying this process has
City of
been a
Mr. Sawyer remarked you can say what you will about tax
abatement, but it works. The City has looked at this land
for at least 30 years with hardly any tax being paid on it
and now because of tax abatement it is beginning to
develop.
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At this time the vote was taken and the motion carried as
follows:
AYES: Councilmembers McDonald, Potempa, Sawyer, Swinney
and Greenwald.
NAYS: None.
#5 ORDINANCE: Consider and take action on ordinance
revising Traffic Code regarding speed limits on IH-35 main
lanes and declaring an emergency.
Mayor Baldwin introduced an ordinance and read the caption
as follows:
ORDINANCE NO. 96-D-8
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS, PROVIDING THAT THE CODE OF ORDINANCES,
CITY OF SCHERTZ, TEXAS, BE AMENDED BY REVISING
SECTION 18-76 OF SAID CODE; PROVIDING FOR SPEED
LIMITS ON INTERSTATE 35 MAIN LANES AND DECLARING
AN EMERGENCY.
Mr. Potempa moved to approve an ordinance revising the
Traffic Code regarding speed limits on IH-35 main lanes and
declaring an emergency. Mr. Swinney seconded the motion.
Mr. Sweatt reminded Council that from FM 3009 to the north
City limits is a dangerous area because of construction.
The vote was taken and the motion carried as follows:
AYES: Councilmembers McDonald, Potempa, Sawyer, Swinney
and Greenwald.
NAYS: None.
#6 FINANCIAL ADVISOR: Consider and take action on
financial advisory contract.
Mr. Sweatt briefly reviewed the contract with Southwest
Securities, the firm with which Tom Anderlitch and Mark
McLiney are now associated. The fee schedule relates to
the same fees the City has paid in the past to
Rauscher-Pierce-Refsnes based on the size of particular
bond issues. The contract is proposed for a term of 60
months from the day of its acceptance, however it may be
terminated by either party with a 30 day notice. Other
than that it is a pretty standard contract.
Mr. sawyer moved to approve Southwest Securities as the
City's financial advisor. Mr. Potempa seconded the
motion, which carried with the following votes:
AYES: Councilmembers McDonald, Potempa, Sawyer, Swinney
and Greenwald.
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NAYS: None.
#7 RESOLUTION: Consider and take action on resolution
rescinding request for bypass construction.
Mayor Baldwin read the following caption:
RESOLUTION NO. 96-R-2
BY THE
TEXAS ,
SCHERTZ
(TXDOT )
SCHERTZ.
CITY COUNCIL OF THE CITY OF SCHERTZ,
RESCINDING THE REQUEST FROM THE CITY OF
TO THE TEXAS DEPARTMENT OF TRANSPORTATION
FOR THE DEVELOPMENT OF BYPASS 538 AROUND
Mr. Greenwald moved to approve the Resolution
the request for Bypass 538 around Schertz. Mr.
seconded the motion, which carried with the
votes:
rescinding
McDonald
following
AYES: Councilmembers McDonald, Potempa, Sawyer, Swinney
and Greenwald.
NAYS: None.
#8 BID AWARD: Consider and take action regarding
bids for IH-35 water line project.
Mr. Sweatt advised this is a proposed project in
connection with TXDoT. It proposes to extend a 12" water
line from near FM 1103 along the west right-of-way line of
IH-35 up to the TXDoT rest area and will include boring the
interstate from the west side to the east side and serving
residents in the Cover's Cove area. This is a joint
project of approximately 7,000 linear feet of 12" water
line and the appropriate length of boring.
Bids were solicited and the City received a number of
good ones. They were opened on March 28th at 10:30
After review, it is recommended the bid be awarded to
lowest and best which is SACC, Inc. in the amount
$211,044. TXDoT will pay for approximately 65% of
project.
very
a.m.
the
of
the
Mr. Greenwald moved to award the bid for the IH-35 water
line project to SACC, Inc. in the amount of $211,044. Mr.
Swinney seconded the motion.
Mr. Sawyer asked if we have enough money for the project
and Mr. Sweatt replied yes we do - it will come from the
capital improvements portion, from the impact fees. It is
part of the Master Plan construction.
The vote was taken and the motion carried as follows:
AYES: Councilmembers McDonald, Potempa, Sawyer, Swinney
and Greenwald.
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NAYS: None.
#9 CITY MANAGER'S REPORT: A. Announced that on
April 12th, Dover Homes will be having a fiesta and grand
opening of their new section from 5:00 p.m. until 8:00
p.m. Those wishing to attend need to RSVP by April 6th.
B. Noted the Arby's ribbon cutting has
4th of April at 11:00 a.m. Everyone
attend.
been changed to the
is encouraged to
C. Asked Council to mark their calendars for the 27th of
April. Intsel is having a grand opening starting at 1:00
p.m.
D. Mentioned that on May 2nd, GVEC
appreciation event for the Volunteer Fire
Guadalupe County. He will include a copy of
the next information packet. .
is having
Department
the details
an
of
in
E. Related the sewer averaging has now been completed.
The average now for the new customer will be 6865 gallons
compared to the 1994 average of 5865. However the 1993
average was only 6387 gallons. The City will be looking at
questions raised about watering times and other concerns
and try to come up with some solutions.
#10 ITEMS BY COUNCIL: Mr. McDonald: A. Asked if there's
any chance of getting TXDoT to change their mind about
traffic lights on FM 3009. Mr. Sweatt replied TXDoT
indicated they would consider reopening the issue on Live
Oak and Woodland Oaks Drive. The rest they have pretty
well dismissed. We can always send them another letter.
Mr. McDonald mentioned some of the homeowners along FM
3009 are upset and are going to have a meeting about it
this month. We might encourage them to write letters. Mr.
Sweatt agreed sometimes that's more powerful than a request
from the City.
B. Questioned the status of the ITM tax abatement request.
Mr Sweatt answered the request for a variance went before
the Economic Development Commission last week and was
denied so he suspects they will be coming back with the
original request.
Mr. Potemoa: Referring to an article in the San Antonio
Express News about the City of San Antonio, jokingly asked
Mr. Sweatt if he could purchase ID badges for the City
Councilmembers for Christmas.
Mr. Sawyer: Informed Council that this Wednesday morning
he will be bringing a visitor from Kumimoto, Japan to meet
Mr. Sweatt and to observe how a small city operates.
Mr. Swinnev: A. Encouraged all the Councilmembers to
send in their police surveys.
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B. Commented the First Baptist Church did an excellent job
with their survey. What he thought was interesting was
that the biggest concerns were taking care of the young and
the elderly. He's in favor of the City, the churches and
the schools working in partnership for a better community.
C. Asked if they're
for their packets.
be available as soon
going to be able to get
Mr. Sweatt indicated
as possible.
some notebooks
notebooks will
Mr. Greenwald: A. Reported BVYA had a good opening day.
B. Related that apparently a bunch of home mortgage notes
previously held by the Broadway National Bank were sold
approximately six months ago to a bank in Dallas and sold
again in January to a bank in Maryland. As of yesterday
his County taxes are delinquent. The bank in Maryland did
not get a total list of all the taxing entities they had to
pay. In fact, they sent him a check for $600 saying they
had too much escrow. In talking with some other people,
Mr. Greenwald discovered they have the same bank. The
lady at the bank in Maryland tried to convince him that
during this past year several cities and counties in Texas
consolidated and that.s why there was only one tax. He
informed her there was no provision in the Texas
Constitution for consolidation.
According to a federal law, when they change banks, the new
bank has to accept the conditions of the contract with the
previous bank and Mr. Greenwald's contract stated the
mortgage company would pay all his taxes and insurance.
They are also responsible for all penalties and fines. He
has already spoken with a reporter so this can be in the
paper to warn people to beware.
#11 ITEMS BY MAYOR: A. Mentioned he and Mr. Sweatt
had the pleasure of having breakfast the other morning with
the Wing Commander at Randolph AFB. Randolph is going
through some mission changes and they are in the process of
bringing in civilian personnel from Washington D.C. This
change will bring in 200 high-ranking civilians who will be
able to afford to buy a house in Schertz.
Also, the maintenance program is going to be converted
military maintenance to contract services and that may
shipping out 550 enlisted personnel and bringing in
contract maintenance mechanics. Again, these people
be able to buy houses in Schertz.
from
mean
300
will
Mr. Sweatt added that according to an unofficial, informal
survey done by the Base commander, six out of ten of his
officer personnel who do not live on base live in Schertz.
Mr.
said,
civil
of the
Greenwald, not wanting to dispel what the commander
stated those maintenance contract slots are contract
service slots. What they've done is downgraded 80%
positions.
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Mr. Sweatt also noted Randolph continues to be aware of
how strongly Schertz supports the AICUZ restrictions.
B. Referred to the letter in the packet from the Senate
Intergovernmental Relations Committee signed by Senator
Rodney Ellis. It's a testament to the outstanding letter
written by Mr. Sweatt regarding city/county consolidation.
#12 ADJOURNMENT: On a motion by Mr. Potempa, seconded
by Mr. Sawyer and unanimously approved, the meeting was
adjourned at 8:30 p.m.
(
Mayor, City of Schertz, Texas
ATTEST:
~~-! I t?/~
city Secretary, City of Schertz
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