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ccreg 04-16-1996 REGULAR SESSION OF THE CITY COUNCIL APRIL 16, 1996 The Schertz City Council convened in Regular Session on Tuesday, April 16, 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 Pro Tern Ken Greenwald, presiding; Charles McDonald; Joe Potempa; Earl Sawyer and Timothy Swinney. Absent: Mayor Hal Baldwin. Staff present were City Manager Kerry Sweatt and City Secretary Norma Althouse. Mayor Pro Tern Greenwald welcomed everyone and asked them to rise and join him in the Pledge of Allegiance to the flag. Mayor Pro Tern Greenwald then asked everyone who was interested to step out into the lobby for a presentation. A Proclamation was read and given to Joyce Andrews naming the conference room the Robert "Bob" Andrews Conference Room in honor of the memory of her late husband. Among his many services to the community, Bob Andrews was a member of the Planning and Zoning Commission for twelve years. After the presentation, everyone moved back into the Council Chambers. Members of the VFW were present to receive a Proclamation designating May 1st as Loyalty Day. #1 APPROVAL OF MINUTES: Special Session 2-28-96 Regular Session 3-05-96 Special Session 3-13-96 Mr. Sawyer moved to approve the minutes for the Special Session of 2-28-96, the Regular Session of 3-5-96 and the Special Session of 3-13-96. Mr. Swinney seconded the motion, which carried with the following votes: AYES: Councilmembers McDonald, Potempa, Sawyer, Swinney and Greenwald. NAYS: None. ABSTENTIONS: Mr. Potempa for Special Session 2-28-96. #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 rezone (NS) to PUBLIC HEARING: Request by Laredo Greenshire to 17.7592 acres of land from Neighborhood Services Planned Unit Development (PUD). Mr. Sweatt related this is a tract of land in Greenshire, held their public hearing request for the rezoning of a Unit 7. Planning and Zoning on April 9th and recommend -209- approval of the request. Two letters were sent to property owners within 300' and no letters were returned. Mr. Sweatt then pointed out the location on the map of the area proposed for rezoning. It is at the intersection of FM 3009 and Woodland Oaks Drive running along the frontage of FM 3009 toward the new Methodist Church. It backs up to Greenshire. Sam Bledsoe of MBC Engineers, representing the applicant, is here this evening to answer questions. Mr. Bledsoe showed Council a layout of the area proposed for rezoning. It is a 48 lot subdivision with the typical size lot being 80' x 120'. The houses will be similar to the type Japhet is building in Greenshire, Unit 3. The subdivision has a natural drain which flows through it. They plan to leave it natural. There are a lot of trees and that's why it lends itself more to residential zoning. They've put a lot of effort toward saving most of the trees. . Mr. and now - Swinney asked was told there red brick. if there will be some kind of rock wall will be the same kind that's out there Mr. 3009 Mr. will Bledsoe also mentioned there's a 50' setback along FM and that's why these lots are deeper than the rest. McDonald asked if the wall be 50' back and was told it be at the property line. Mr. for They Swinney asked if they have any parking spaces planned the natural area and Mr. Bledsoe replied they do not. are using the area as parkland dedication. Mr. Sweatt added this was originally zoned in 1981 as a PUD and they planned mixed use at that time. They anticipated some type of commercial development along the FM 3009 frontage. They had quite an elaborate plan of mixed uses. By 1984, the land had not developed in that way and the Planning and Zoning Commission recommended changing the zoning from PUD to Neighborhood Services. Since that time no further action had been taken even though a Master Plan was filed. As the subdivision has progressed, however, the developer has seen a need for residential zoning Mr. McDonald, saying he thinks residential is the best use for that land, expressed concern about where we are going to have commercial development. The City cannot sustain without it. Mr. Bledsoe pointed out the City's seeing that type of growth along IH-35. There being no further questions, Mayor Pro Tem Greenwald closed the public hearing at this time. #4 ORDINANCE: Consider and take action on first reading of ordinance rezoning 17.7592 acres from NS to PUD. -210- Mayor Pro Tern Greenwald 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. 87-5-1 BY REZONING 17.7592 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 first reading of an ordinance rezoning 17.7592 acres from NS to PUD. Mr. Potempa seconded the motion, which carried with the following votes: AYES: Councilmembers McDonald, Swinney. Potempa, Sawyer and NAYS: None. #5 ORDINANCE: Consider and take action reading of ordinance approving Tax Abatement Abatement Agreement for and with DSI Distributing. on first and Tax Mr. Sweatt advised Council that Mr. Sheridan, the owner of the business, and Mr. Marquez of the City staff are here tonight to answer questions. DSI is a wholesale consumer electronics distributor. They will be distributing satellite systems and the small dish equipment. The Economic Development Commission has reviewed DSI's request for a tax abatement and has recommended approval of a 42.9% abatement based on our current formula. There is within the Abatement Agreement a description of a slight variance from our existing policy. The 42.9% abatement would normally have been spread across six years, but the variance would allow it to be spread over three years instead - 90% for years 1 and 2 and 80% for year 3. This recognizes very capital intensive activity and is an incentive for the business to make large and substantial capital improvements. Mayor Pro Tern Greenwald introduced an ordinance and read the caption as follows: AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, APPROVING A TAX ABATEMENT AND A TAX ABATEMENT AGREEMENT FOR AND WITH DSI DISTRIBUTING, A PROPERTY OWNER IN THE CITY OF SCHERTZ. -211- Mr. Potempa moved to approve the first ordinance authorizing a Tax Abatement and a Agreement for and with DSI Distributing. seconded the motion, which carried with votes: reading of an Tax Abatement Mr. McDonald the following AYES: Councilmembers McDonald, Swinney. Potempa, Sawyer and NAYS: None. Mayor Pro Tern Greenwald welcomed DSI to the City. #6 ORDINANCE: Consider and take action on ordinance declaring emergency and determining necessity for paving and improvements of streets, and intention to levy assessments and file liens. Mr. Sweatt requested this item be tabled. There are still some legal issues which need to be resolved. Mr. McDonald moved to table the ordinance declaring an emergency and determining the necessity for paving and improvements of streets, and intention to levy assessments and file liens. Mr. Swinney seconded the motion, which carried with the following votes: AYES: Councilmembers MCDonald, Swinney. Potempa, Sawyer and NAYS: None. #7 APPOINTMENTS: Consider and appointments to the canyon Regional of Trustees and Board of Managers. take action regarding Water Authority Board Mr. sweatt, reminding Council the City is a member of the Canyon Regional Water Authority, stated that as such we have representatives to the Board of Trustees and the Board of Managers. Council has Resolutions before them containing proposed appointments. The recommendations are to appoint Mr. Ken Greenwald and Mr. Sam Willoughby to the Board of Trustees and Mr. Eber Busch to the Board of Managers. The captions to the Resolutions read as follows: RESOLUTION NO. 96-R-3 A RESOLUTION OF THE GOVERNING BODY OF THE CITY OF SCHERTZ, TEXAS, APPOINTING TO CANYON REGIONAL WATER AUTHORITY TWO MEMBERS TO THE BOARD OF TRUSTEES FOR A ONE-YEAR TERM OF OFFICE. -212- RESOLUTION NO. 96-R-4 A RESOLUTION OF THE GOVERNING BODY OF THE CITY OF SCHERTZ, TEXAS, APPOINTING TO CANYON REGIONAL WATER AUTHORITY ONE MEMBER TO THE BOARD OF MANAGERS FOR A ONE-YEAR TERM OF OFFICE. Mr. sawyer moved to appoint Mr. Ken Greenwald and Mr. Sam Willoughby to the Canyon Regional Water Authority Board of Directors and to appoint Mr. Eber Busch to the Canyon Regional Water Authority Board of Managers. Mr. Potempa seconded the motion, which carried with the following votes: AYES: Councilmembers McDonald, Swinney. Potempa, Sawyer and NAYS: None. #8 CITY MANAGER'S REPORT: A. Indicated information regarding photographs to be taken of the Council will be in next week's packet. B. Encouraged everyone to attend the Intsel grand opening on April 27th. #9 ITEMS BY COUNCIL: Mr.Swinnev: Asked if there's any word from Judge Cinnamon about the graffiti project volunteers. Mr. Sweatt replied the Judge has some workers he's ready to assign to that project. Mr. Swinney said the VFW is ready to start. Mr. Sawver: Announced that at ~he VFW on April 28th at 3:00 p.m. there will be a ceremony for Loyalty Day. Everyone is invited to attend. #10 ITEMS BY MAYOR: There were none. #11 EXECUTIVE SESSION: Called under Chapter 551 Texas Government Code, Sub-Section 551.071, consultation with attorney on pending or contemplated litigation. An Executive Session was held from 7:32 p.m. to 8:32 p.m. #12 Consider and take action, if any, on above Executive Session. No action was necessary. #13 ADJOURNMENT: On a motion by Mr. Swinney and unanimously adjourned at 8:35 p.m. by Mr. Potempa, seconded approved, the meeting was -213- -/,iy ~dI~P4/ Mayor, city of Schertz, Texas v' <fl>>-Jl~ ATTEST: ~~ /l/r~ City Secretary, City of Schertz ~ -214- .--- --