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
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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.
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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.
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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.
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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
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Mayor, city of Schertz, Texas
v'
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ATTEST:
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City Secretary, City of Schertz
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