ccreg 05-07-1996
REGULAR SESSION OF THE CITY COUNCIL
MAY 7, 1996
The Schertz City Council convened in Regular Session on
Tuesday, May 7, 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; Councilmembers 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 everyone and asked them to rise and
join him in the Pledge of Allegiance to the flag.
#1 APPROVAL OF MINUTES: Regular Session 3-19-96
Special Session 3-27-96
Mr. sawyer moved to approve the minutes for the Regular
Session of 3-19-96 and the Special Session of 3-27-96. Mr.
Greenwald seconded the motion, which carried with the
following votes:
AYES: Councilmembers McDonald, Potempa, Sawyer, Swinney
and Greenwald.
NAYS: None.
n 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
A. Patty Raspino of 105 Church Street spoke about the
rezoning of the lot at First and Church Streets. Ms.
Raspino admitted she is not -totally opposed to the
rezoning. She then mentioned things that are good for the
City, but not necessarily for the neighborhood. Burch
Roofing has made some nice improvements to the building and
the business is doing well, but it's right in her back
yard. That's okay because it's important for the City to
have that kind of growth. Another example is the dump
behind their neighborhood. The dust is really bad, but the
dump is a necessary fact of life. A few of the houses in
her neighborhood are in really bad shape and that's a
concern to citizens, but it's not her style to jump down
her neighbor's throat.
The idea of rezoning a lot for the purpose of putting a
duplex or duplexes on it raises concern. Ms. Raspino said
she understands that Mr. Burch originally asked for this
rezoning and if that's correct, it raises concerns for her.
Mr. Burch has a duplex on his lot which is behind her
house and it's in pretty bad shape. It's an existing
structure and it's her understanding from a couple of
realtors that moving an existing building onto a lot in an
established neighborhood will decrease property values.
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Ms. Raspino felt it would be better to put a mobile home
on the lot instead of moving an existing structure onto it.
If Mr. Dicus plans on putting a new structure on the lot,
she thinks that's great. If there's some way the lot can
be rezoned for only one duplex, she has no objections. If
the lot is split and two duplexes are built, Ms. Raspino
indicated she thinks that falls into the category of high
density housing which also lowers property values.
Ms. Raspino told Council if they could address any of her
concerns she would really appreciate it. She knows that
growth is something that's looked at everyday. She would
just like to be assured that the changes being planned are
not going to have a negative effect on her neighborhood.
Mayor Baldwin reminded Ms. Raspino there
hearing on that particular subject tonight.
some discussion about her concerns and she
the opportunity to speak again at the p~blic
is a public
There will be
will be given
hearing.
Lori Swaney, David Bish, George Stephens and Floyd Dicus
had all signed up to speak. Mayor Baldwin asked if they
all wanted to comment on the subject to be discussed at the
public hearing. They all did. Mayor Baldwin then told
them they can speak now and at the public hearing, but it
would be more advisable to give their comments during the
public hearing. They all chose to wait until the public
hearing.
#3 ELECTION RETURNS:
A. Canvassina of Election Returns
Council reviewed the tally sheets for the election held on
May 4, 1996. A total of 945 people voted in the election.
It was discovered there was a mathematical error in summing
up the total votes cast for both Mayor Baldwin and
Councilmember Charles McDonald. The tally sheets reflected
a total of 684 votes for Mayor Baldwin and it should have
been 679 and a total of 561 votes for Councilman Charles
McDonald and it should have been 557. Neither of these
errors affected the results of the election.
B. Ordinance: Consider
ordinance canvassing the returns
of the City Officer Election
declaring an emergency.
and take action on an
and declaring the results
held May 4, 1996, and
Mayor Baldwin introduced an ordinance and read the caption
as follows:
ORDINANCE NO. 96-E-10
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS, eJUWASSING THE RETURNS AND DECLARING THE
RESULTS OF THE CITY OFFICER ELECTION HELD IN SAID
CITY ON THE FOURTH DAY OF MAY, 1996, AND
DECLARING AN EMERGENCY.
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In the election held on May 4, 1996 Hal Baldwin received
679 votes for Mayor and George Mower received 26l votes for
Mayor. Charles McDonald received 557 votes for
Councilmember Place 1 and Jerry Graham received 344 votes
for Councilmember Place 1. Joe Potempa received 758 votes
for Councilmember Place 2. Therefore, Hal Baldwin was duly
elected Mayor, Charles McDonald was duly elected
Councilmember Place 1 and Joe Potempa was duly elected
Councilmember Place 2.
Mr. Swinney moved to approve the ordinance canvassing the
returns and declaring the results of the City Officer
Election held May 4, 1996, and declaring an emergency. Mr.
sawyer 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 by Floyd Dicus to rezone .354 acres of land from
R-2 (Single-Family Dwelling District) to R-3 (Two-Family
Dwelling District).
Mayor Baldwin reviewed the process by which the public
hearing will be conducted. First Mr. Sweatt will provide
the information he has, then Mr. Dicus will make his
presentation and then it will be opened up to the public.
Mr. Sweatt advised this item comes to Council as a result
of an application by the property owner to apply for a
change of zoning district from R-2 to R-3. It is a .354
acre tract of land located at the corner of First and
Church Streets. Fifteen letters were sent to property
owners within the required distance. Three letters were
returned as undeliverable, three were returned in favor
and eight were returned in opposition.
The Planning and Zoning Commission held a public hearing on
this request on April 23rd. After hearing the applicant
and others interested in this matter, the Planning and
Zoning Commission's motion was 3 to 2 to approve the
rezoning. However under their rules of procedure, it
requires an affirmative vote of 4 or more to recommend the
change. As a result, this comes to Council with an inverse
recommendation.
Mr. Dicus opted to wait and make his presentation until
after the public had expressed their views.
Patty Raspino of 105 Church Street stated her only concern
is any involvement on the part of Mr. Burch.
Janice Betcher (neighbor of Patty Raspino) remarked the lot
is an historical marker and they don't want low income
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housing on it or anything that Mr. Burch is going to
trash.
Lori Swaney of III Church Street stated she is totally
opposed to the R-3 zoning classification.
David Bish of 112 Church Street also expressed opposition
to the zoning change. He purchased the old Dowrnan home and
is in the process of refurbishing it. The neighborhood is
a nice quiet area and he wishes for it to remain that way.
There are houses that need to be torn down and there are
empty lots that need to be developed, but he's not sure R-3
is the way to go.
George Stephens of 305 Church Street reported that at the
first Planning and Zoning meeting, Chairman Jarman read
from her notes that Mr. Burch wanted the property rezoned
for the purpose of moving a duplex from his property on FM
78 to the property at First and Church Streets. Mr.
Stephens said he informed Chairman Jarman that Mr. Burch
did not own that property and that Mr. Dicus owned it.
The request was then tabled.
Mr. Burch has not publicly stated that he does not want to
move that barracks building (duplex), so it must be assumed
that he still wants to move it. Mr. Stephens said he
expressed a lot of concerns about that at the second
meeting with Planning and Zoning. Also, at that meeting
Steve Simonson counted 9 letters in opposition rather than
8 as Mr. Sweatt stated earlier this evening.
Mr. Sweatt counted the letters received and verified they
received only 8 in opposition.
Mr. Stephens went on to say that area is completely
surrounded. There is a swamp or jungle, depending on the
weather, a garbage dump/landfill, a cement plant and FM 78.
They have two outlets. They don't need anything else even
approaching commercial or multi-family. The citizens in
the area do not want it. As a matter of fact, one citizen
refused to come to the public hearing and comment because
he feared reprisal from the City such as not being issued a
building permit.
The cement company has installed a gate right at the end of
Church Street so their trucks can go through the traffic
light, make a left turn onto Church Street and go directly
into the cement company property. That has changed the
flavor of the neighborhood. There are more commercial
vehicles.
Mr. Stephens then referred to Mrs. Woodward who lives
across from him. There is a bump in the street in front of
her house and when the cement company's trailers hit that
bump, lumber flies off their trucks and he has to pick it
up and dispose of it.
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Mayor Baldwin asked if there isn't a duplex across the
street from Mrs. Woodward and Mr. Stephens replied not
that he knows of.
Mr. Stephens then commented he noticed the property has
been surveyed and it was surveyed down the middle. Mr.
Dicus claimed there were four stakes out there, but there
are only two. The lot has been subdivided. Unless City
Council can assure the property owners in the neighborhood
that Mr. Burch will not build on it, he doesn't see how
they can approve the rezoning. If this lot is rezoned, Mr.
Dicus can sell it to anyone and that stinks.
William Boynton of l06 Church Street stated he has no
personal axe to grind, but his concern is the concept of a
duplex on the lot. The neighborhood is struggling to
survive as it is. In spite of all the things working
against the neighborhood, people there are putting a lot of
effort into improving their homes. Mr: Boynton felt the
lot is not big enough to sustain a duplex and the extra
traffic it will create. A duplex leaves the door open to
rental rather than ownership and that means more
transients. He hopes Council denies the rezoning request.
Floyd Dicus made his presentation at this time. He wanted
to clarify he had the lot surveyed and he had the building
corners located. His background is construction and he has
been in it for almost 30 years. The opposition speaks well
of the neighborhood, so he's sure it not a bad investment.
Pointing to Merwin Willman, he mentioned that Mr. Willman
could confirm the fact that to subdivide a lot you have to
go before the Planning and Zoning Commission and that's not
been done. The lot is a third of an acre, so if you have
one duplex on it, that's equal to two of the lots in that
neighborhood.
Mr. Dicus related that Randy Burch approached him a year
ago about buying the lot. There is not an address for the
lot because it has been vacant for so long. The only new
construction in the neighborhood in the past 20 years has
been the Cooper CPA office building on Mill street. He
bought the lot for an investment. There must have been a
house on it at one time because he found a water meter and
gas meter there. If he were going to sell the lot to Mr.
Burch, he wouldn't have paid for the survey, wouldn't have
had the building corners located, wouldn't have gone to the
trouble of having a preliminary set of drawings done and
wouldn't have applied for power. The lot now has a power
pole on it.
Several people have expressed an interest in buying the
lot. One of them wanted to move an old house onto it. Mr.
Dicus said he had spoken with Steve Simonson today and
there are no restriction against moving an old house onto
the lot as long as it meets all the zoning restrictions and
is brought into compliance with all the building codes.
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Mr. Dicus proposes to build a 2400 square foot building on
the lot which he says will be valued by the Building
Inspector at $95,000. Mr. Burch originally put the idea
of a duplex in his head. A house is not cost effective.
He doesn't feel anyone would buy a new 2400 square foot
house in that neighborhood. If you build two duplexes, you
get two 1200 square foot dwellings. There are other
alternatives, one of them being to sell the lot.
According to Mr. Dicus, Randy Burch applied for the
rezoning because he wanted it zoned for multi-family so he
could move his duplex onto it before he bought the lot.
Mr. Dicus found this out the day of the meeting and
informed him he was going to build on the lot and it was
not for sale. It is not for sale to anyone at the present
time. If it's not cost effective for him to build on it,
then he has no choice but to sell it.
This concluded Mr. Dicus's presentation and he stated he
would be glad to answer any questions.
Mr. Swinney wanted to know, with all of Mr. Dicus's
building experience and probable knowledge of land values
allover the place, why he chose this lot versus, for
example, a lot in Universal City. Mr. Dicus replied
Universal City has changed its zoning laws to where you
have to build a minimum 1500 square foot house. Also, he
would have to use brick on the house in Universal city, but
would not be required to do that in Schertz.
Mr. Swinney then asked Mr. Dicus what business
relationship he has with Mr. Burch on this lot either now
or in the future. Mr. Dicus replied he has none
currently, but if he has to sell this lot to get his money
out of it and Mr. Burch wants to buy it, then he's welcome
to do that.
Mr. Swinney wondered if Mr. Dicus would consider building
a single duplex more toward the middle of the lot if he
doesn't already have plans. Mr. Dicus answered he does
have plans - he is set up to build on half the lot. This
leaves him more land out front, he can put a garage there
if he wants to, and he can subdivide the lot and put
another house there. This building may not be cost
effective at all.
Mayor
size
7500
which
there
Baldwin asked Merwin Willman if there's
in R-3. Mr. Willman looked it up and
square feet. Saying the lot measures
is l5,435 square feet, Mayor Baldwin
is room on it for two duplexes.
a ml.nl.mum lot
stated it's
105' x 147'
pointed out
George Stephens of
accommodations are
are required by the
305 Church Street asked how the parking
for a duplex. Mr. Dicus replied you
City to have two per unit off street.
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Mayor Baldwin inquired about driveways and Mr.
answered two separate driveways - 4 parking spots.
Several people in the audience expressed concern about what
control a landlord would have over who lives in a duplex.
They felt sure someone is intending to put a duplex on the
lot. It seems that HUD is taking more and more control
away from the landlord. It was also mentioned that the old
church is going to be a Christian school with a lot of
children. They should not be exposed to the seedy type of
people who live in HUD housing.
Dicus
Mayor Baldwin asked if it doesn't bother anyone that there
will be a church school in there with all its traffic and
several replied they had no objection to the school.
Mr. Swinney aSKed what the lesser of two evils. is to the
neighborhood a new duplex or an old dilapidated house
moved onto the lot.
There was some discussion about the meaning of dilapidated
and Mr. McDonald noted he thinks Mr. Swinney means would
the neighborhood prefer a newly constructed duplex or a
house moved in on wheels which would take a lot of
restoration work.
Patty Raspino stated if the zoning change is approved and
Mr. Dicus wants to build duplexes on the lot, that's
certainly his prerogative, but she feels property values
will be adversely affected. Ms. Raspino then commented
she has supported the five Councilmembers because she likes
the way they look out for Schertz and now she would like
for them to watch out for the citizens in her neighborhood.
Mr. Potempa asked what
plans for this and Mr.
requires no maintenance
Potempa then inquired if
trucked in and Mr. Dicus
site.
type of construction Mr. Dicus
Dicus replied metal because it
and is cost effective. Mr.
it will be built on the site or
answered it will be built on the
There being no further comments or questions, Mayor Baldwin
closed the public hearing at this time.
#5 ORDINANCE: Consider and take action on first
reading of ordinance rezoning .354 acres from R-2 to R-3.
Mayor Baldwin introduced an ordinance and read the caption
as follows:
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AN ORDINANCE
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS, AMENDING THE ZONING ORDINANCE NO. 87-S-1
BY REZONING. 354 ACRES OF LAND OUT OF GUADALUPE
COUNTY AND REFLECTING SUCH CHANGES ON CERTAIN
ZONING MAPS IN ACCORDANCE WITH THE SCHERTZ ZONING
ORDINANCE.
Mr. McDonald moved to deny the
rezone .354 acres of land from
District) to R-3 (Two-Family
Potempa seconded the motion.
request from Floyd Dicus to
R-2 (Single Family Dwelling
Dwelling District). Mr.
Before the vote, Mr. Swinney made a couple of remarks.
Regarding the citizen who was afraid to corne and speak, he
hopes that's not a pervasive attitude. He doesn't think
reprisal is something that would occur in the City. If it
ever does, he would sure like to know' about it. Also he
appreciated all the comments from everyone and feels they
have concerns backed up with facts and not fear. Mr.
Dicus did not give him the assurances the citizens needed
to protect themselves. Mr. Swinney also expressed the
hope that the citizens know City Council listens to them.
Mr. McDonald emphasized to the audience that it is their
neighborhood.
At this time a vote was taken and the motion to deny the
rezoning request carried with the following votes:
AYES: Councilmembers McDonald, Potempa, Sawyer, Swinney
and Greenwald.
NAYS: None.
Mr. McDonald suggested they next consider action
two tax abatement items on the agenda before going
audit report. Council agreed and the auditor
objections.
on
to
had
the
the
no
#7 ORDINANCE: Consider and take action on final
reading of ordinance approving Tax Abatement and Tax
Abatement Agreement for and with DSI Distributing.
Mayor Baldwin introduced an ordinance and read the caption
as follows:
ORDINANCE NO. 96-T-l1
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 vlh.",R IN THE CITY OF
SCHERTZ.
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Mr. Sawyer moved
Abatement Agreement
Greenwald seconded
following votes:
AYES: Councilmembers McDonald, Potempa, Sawyer, Swinney
and Greenwald.
to approve a Tax
for and with DSI
the motion which
Abatement and
Distributing.
carried with
Tax
Mr.
the
NAYS: None.
Mayor Baldwin thanked Mr. Sheridan from DSI for his
patience and welcomed him to the city.
Since no one from ITM was at the meeting, Mayor Baldwin
went back to Item #6, the audit report.
t6 AUDIT REPORT: Consider and take action approving
1994/95 audit report.
Mr. Sweatt reintroduced Fred Timmons who had reviewed the
audit at the workshop last week. Mr. Timmons mentioned it
is pleasurable to work with the people of the City of
Schertz.
Mr. Timmons covered some of the high points as follows:
(1) On page 1l the tax assessment rate was corrected.
(2) His rule of thumb is that the reserve fund should be
1/3 of the annual expenditures and the city of Schertz has
reached that level.
(3) The Special Revenue Fund is the Development Foundation;
Debt Service is the payment of general long-term debts;
and Capital Projects Funds represent federal assistance
along with 1992 and 1990 GO and CO bond funds.
(4) On page 59 is the statement of revenues and expenses of
the two Enterprise Funds (Water/Sewer System and SAFES).
Both Enterprise Funds generated a net revenue and that is
proper because they are designed to stand on their own.
Mr. Timmons commented that's the high points of the major
funds. They all had excess revenues over expenditures
which is a necessity. Good strong reserves have been built
up and that's important. He will now answer any questions
Council may have.
Mr. Swinney, referring to page 79 and the debt ratio,
asked what the general guidelines are for this ratio. Mr.
Timmons replied he does not know a rule of thumb. You have
to issue debt in order to expand and the City has done a
good job of meeting its debt requirements and has a really
good bond rating.
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Mayor Baldwin asked
Water/Sewer Fund.
directed the Mayor
requirement.
if there's a bond debt reserve
Mr. Timmons replied yes there
to look on page 82 for the
in the
is and
reserve
Mr. Sawyer inquired if there's some policy for collecting
unpaid SAFES bills. Mr. Timmons answered they are turned
over to a collection agency. Mr. Sweatt explained they
establish an account for a credit toward bad debt.
Continued efforts are made to try and collect the money.
Mr. Timmons indicated he also has a Management Letter
which they can review. Basically, the first comment is
that the books and records suffered through this last year
because of a massive turnover in the Finance Department due
to illness and some advancement. His recommendation is to
consider hiring an additional person.
It was discovered, upon her death, that Office Manager
Alice Austin was the only person who was knowledgeable of
some of the computer systems. Mr. Timmons highly
recommended that two or more personnel be familiar with all
systems of the City. The City is in the process of working
on that right now.
Mr.
for
can
Timmons reiterated it was a privilege to
the City. He appreciates it very much and
continue to do it in the future.
do the audit
hopefully he
Mayor Baldwin thanked Mr. Timmons for
report. He wanted everyone to know they
minor goal, regarding the reserves, that
themselves about five or six years ago.
the outstanding
have achieved a
they set for
Mr. Swinney moved to approve the 1994/95 audit
Mr. Sawyer seconded the motion, which carried
following votes:
report.
with the
AYES: Councilmembers McDonald, Potempa, Sawyer, Swinney
and Greenwald.
NAYS: None.
#8 ORDINANCE: Consider and take
reading of ordinance approving Tax
Abatement Agreement for and with ITM.
action
Abatement
on first
and Tax
Mayor Baldwin 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 ITM, INC. , A
PROPERTY OWNER IN THE CITY OF SCHERTZ.
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Mr. Sawyer moved to approve the first reading of an
ordinance approving a Tax Abatement and a Tax Abatement
Agreement for and with ITM, Inc. Mr. Greenwald seconded
the motion, which carried with the following votes:
AYES: Councilmembers McDonald, Potempa, Sawyer, Swinney
and Greenwald.
NAYS: None.
Mr. Sweatt commented we are happy to have this company in
the City of Schertz.
#9 ORDINAMCE: Consider and take action on final
reading of ordinance rezoning 17.7592 acres of land from NS
(Neighborhood Services) to PUD (Planned Unit Development).
(Laredo Greenshire)
Mayor Baldwin introduced an ordinance and read the caption
as follows:
ORDINANCE NO. 96-S-l2
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. Greenwald moved to approve the final reading of
ordinance rezoning 17.7592 acres of land from NS to
Mr. McDonald seconded the motion, which carried with
following votes:
an
PUD.
the
AYES: Councilmembers McDonald, potempa, Sawyer, Swinney
and Greenwald.
NAYS: None.
#10 ORDINANCE: Consideration and approval of an
Ordinance declaring and determining the necessity for the
improvements of certain streets and avenues, or portions
thereof, within the City of Schertz, Texas and ordering the
construction of these improvements in the manner, to the
extent, and within the limits and in the area herein set
forth and hereinafter defined; invoking the powers and
procedures provided by and adopting the provisions of
Chapter 313, as amended, Texas Transportation Code;
providing the manner in which and by whom the cost of such
improvements shall be paid; providing for the assessment
of a portion of such cost against the abutting property and
the owners thereof and for the fixing of a lien to secure
the payment of such assessments; providing for the terms
of payment of such assessments; directing the City's
Engineer to prepare plans and specifications for the
proposed improvements; directing the City Secretary to
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prepare and file notice of the enactment of this Ordinance;
enacting provisions incident and relating to the subject;
and declaring an emergency.
Mayor Baldwin introduced and ordinance and read the caption
as follows:
ORDINANCE NO. 96-M-13
DECLARING AND DETERMINING THE NECESSITY FOR THE
IMPROVEMENT OF CERTAIN STREETS AND AVENUES, OR
PORTIONS THEREOF, WITHIN THE CITY OF SCHERTZ,
TEXAS AND ORDERING THE CONSTRUCTION OF THESE
IMPROVEMENTS IN THE MANNER, TO THE Elu"'.'~, AND
WITHIN THE LIMITS AND IN THE AREA HEREIN SET
FORTH AND HEREINAFTER DEFINED; INVOKING THE
POWERS AND PROCEDURES PROVIDED BY AND ADOPTING
THE PROVISIONS OF CHAPTER 313, AS AMENDED, TEXAS
TRANSPORTATION CODE; PROVIDING THE MANNER IN
WHICH AND BY WHOM THE COST OF SUCH IMPROVEMENTS
SHALL BE PAID; PROVIDING FOR THE ASSESSMENT OF A
PORTION OF SUCH COST AGAINST THE ABUTTING
PROPERTY AND THE OWNERS THEREOF AND FOR THE
FIXING OF A LIEN TO SECURE THE PAYMENT OF SUCH
ASSESSMENTS; PROVIDING FOR THE TERMS OF PAYMENT
OF saHlI ASSESSMENTS; DIRECTING THE CITY'S
ENGINEER TO PREPARE PLANS AND SPECIFICATIONS FOR
THE PROPOSED IMPROVEMENTS; DIRECTING THE CITY
SECRETARY TO PREPARE AND FILE NOTICE OF THE
ENACTMENT OF THIS ORDINANCE; ENACTING PROVISIONS
INCIDENT AND RELATING TO THE SUBJECT; AND
DECLARING AN EMERGENCY.
Mr. Sweatt advised that Ron Wood and Michael Spain are
present this evening to answer questions. Included in
Council's packet is a list and dimensioning of those
streets involved in this proposed project. An outline of
the Schedule of Events to take place on this project was
distributed. There are 170 lots involved and Mr. Wood
owns 89 of those.
Mayor Baldwin asked for a motion and Mr. Greenwald moved
to approve the ordinance as captioned above.
Mr. Sawyer
passing it
starting the
asked
tonight
process?
if this sets up the
are we only stating
Mr. Sweatt replied
structure. By
the intent and
that's correct.
Mr. Swinney
stopped at
schedule.
verified this process can be altered or
any time within the legal constraints of this
Mr. Spain stated that's correct.
Mr. Sweatt explained the latest they can go until they're
past the point of no return is August 6th when the bids are
opened.
Mr. Spain told Council to bear in mind the action tonight
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doesn't require the City to spend any dollars. Ninety
percent of the cost of the project will be assessed against
the owners.
Mr. Sawyer inquired how this affects the rest of the City.
Is is just a single area? It seems an ordinance should
cover the whole City. Mr. Spain replied it is just a
single area and then pointed out a zoning change ordinance
only affects one area.
Mr. Spain further stated if this goes all the way through
to the end, 90% of the cost of the project will be paid for
by assessments against the property owners. They are
working on an arrangement with the developer where he would
pay 10%.
Mr. Sawyer
these folks
Mr. Spain.
mentioned the City has to file liens against
that own this property. That was confirmed by
Mr. McDonald. asked what the 10% is and Mr. Spain
explained the 10% is paid for by a source other than
assessments against the property owners and that will be
paid by the developer.
Mr. McDonald then wondered if 90% is all you can assess
against the property owners and Mr. Spain replied yes,
that's the law.
Mr. McDonald questioned who is paying for the sewer. Mr.
Sweatt noted water and sewer will be paid for by the
developer and as the lots are connected to the system,
those connecting will be required to repay the cost.
Mr. McDonald queried if CCMA will have any involvement in
this. Mr Sweatt explained the City collects on behalf of
CCMA and the City the capital recovery fees at the time
there is a connection to the system. In addition to those
normal fees, the City will enter into an agreement that
provides for pro rata payments by property owners to repay
the extra extension costs. The City will enter into an
agreement with the developer in which they will collect,
for a period of 5 years, from property owners who own land
in this area to be improved their pro rata share of the
cost of the water and sewer lines to be installed.
Mr. McDonald asked what happens at the end of 5 years if
they choose not to develop it and pay it. Mr. Sweatt
answered at the end of 5 years the City no longer has any
commitment to return any received money to the developer.
The City at that point would have the choice to continue to
collect those fees and enure the benefit of the fees or
waive those fees and go back to collecting only the capital
recovery fees.
Mr. Potempa inquired
consulting fee. Mr.
who pays the City
Sweatt replied in this
Engineer's
case, the
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developer's engineer is providing the services.
Mr. Swinney
total outlay
and for the
correct.
asked if he understands correctly that the
for the owner of a lot will be for the paving
water and sewer. Mr. Sweatt replied that's
Mr. Spain related they will be assessed for the paving and
under the current plan, they will have the option of paying
all that immediately or spreading it out over three
payments. They can pay one-third immediately and then
one-third after one year and the final one-third at the end
of the second year. If they choose not to pay it off all
at once, there will be interest of 8%. They do not have to
pay for the water and sewer until they actually connect to
the system.
Mr. Swinney asked the estimated cost of the water/sewer
hookup. Mr. Sweatt said, exclusive of the capital
recovery fee, streets and drainage is estimated to be
$7300-$7400 per lot and the water/wastewater is estimated
to be $4500-$4600 per lot. That brings those costs
somewhere near $12,000 per lot. Mr. Wood agreed with
those figures.
Mr. Spain mentioned that individual appraisals
done. One of the things the property owners will
know is if those expenditures will raise the value
lots. The developer will have an appraiser and so
City.
will be
want to
of their
will the
Mr. Swinney
of what the
$20,000.
asked if there's an estimated appraisal value
lots will be worth. Mr. Wood thought around
Mr. Swinney
owners $500
incorrect.
$5,000 for
partnership,
understood Mr. Wood is offering the property
for their lots. Mr. Wood indicated that is
Those who carne into the partnership received
their lots. If they didn't corne into the
they were offered $500 for their liability.
Mr. Swinney said the reason he's asking is because he had
a call last night from a very concerned citizen. She and
her family own several of the lots and have received
letters from Mr. Wood. They seemed to be quite
intimidated by the letters. He didn't know if it was the
language in the letters or just the enormity of the cost.
He would appreciate seeing a copy of the letters.
Mr. Wood stated the letters he sent out were mailed last
June and they invited the property owners to a meeting.
The City of Schertz was also invited. Another letter was
sent advising the property owners what was discussed at the
meeting. As far as he remembers, he hasn't sent any
correspondence since August.
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Mr. Swinney asked if these folks still have the
opportunity to join the partnership and Mr. Wood replied
yes they do. Mr. Swinney added that seems to be the most
cost effective thing to do. Mr. Wood disagreed saying if
they have the money to pay the assessment cost, they can
probably make more money by not joining.
Mr. Sweatt wanted to make it clear that the paving lien is
the only amount the property owners need to satisfy prior
to conveying title. Water and sewer is an assessment only
at the point in time when they apply for a building permit.
Mr. McDonald questioned if the lots
without paying the water/sewer fees.
should.
will sell for $20,000
Mr. Wood felt they
Mr. potempa asked if he understands this .correctly.
They're going to put the water and sewer lines in, but the
property owners don't have to hook up'if they don't want
to. Mr. Wood is saying this is going to be a development,
but we're going to look like we have 13th row allover
again.
Mr. Sweatt reviewed the process once again. Mr. Wood is
going to put in water and sewer plus the paving of the
street. The street assessment will be due - one third of
it within so many days after the project is completed and
then one third due at the end of one year and the remaining
one third at the end of two years. The property owner
needs to pay that to satisfy the lien against the property.
That's all the property owner would have to pay. When and
if a person chooses to apply for and secure a building
permit and place a building on that lot, then and only then
would they be required to pay the water and sewer pro rata
plus the capital recovery fee. Mr. Wood is going to build
houses on those lots he owns. Other individuals who own
lots mayor may not choose to build. They may convey the
title to someone else.
Mr. Potempa observed it's not going to look like it is
now. It's going to look more like Ashley Place. What is
the time frame?
Mr. Sweatt advised that under this time schedule,
anticipate awarding the construction contract for
streets in August of 1996. Water and sewer contracts
probably be awarded simultaneously. Mr. Wood added
whole project should take approximately 5 or 6 months.
they
the
will
the
Mr. Potempa asked when they will see houses - five years,
ten years. Mr. Wood replied those 170 lots should have
houses on them a lot sooner than that. The streets should
be in by February of 1997.
Mr. Potempa questioned if houses will start going up
immediately and Mr. Wood replied yes. Mr. Potempa asked
if there's a minimum square footage and Mr. Wood replied
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he thought the original deed restrictions called for a
minimum 1250 square foot house.
Mr. McDonald asked Mr.
the lots or sell them and
to other builders.
Wood if he is going to build on
he replied he will sell the lots
After all this discussion, Mr. McDonald seconded the
motion which carried with the following votes:
AYES: Councilmembers McDonald, Potempa, Sawyer, Swinney
and Greenwald.
NAYS:
None.
Mr.
Mr.
costs
Wood thanked the Council for their time and efforts.
Sawyer commented he is always leery of som~thing that
the City nothing.
#11 ORDINANCE:
stating requirements
emergency.
Consider and take action on ordinance
for landscaping turf and declaring an
Mayor Baldwin introduced an ordinance and read the caption
as follows:
ORDINANCE NO. 96-M-9
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS, PROVIDING THAT THE CODE OF ORDINANCES,
CITY OF SCHERTZ, TEXAS BE AMENDED BY ADDING
SECTIONS 10-130, 10-l31, lO-l32, 10-133 AND
10-134, LANDSCAPING REQUIREMENTS; PROVIDING AN
EFFECTIVE DATE; REPEALING ALL ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT; AND DECLARING
AN EMERGENCY.
Mr. Sawyer moved to approve an ordinance stating
requirements for landscaping turf and declaring an
emergency. Mr. Potempa seconded the motion, which carried
with the following votes:
AYES: Councilmembers McDonald, Potempa, Sawyer, Swinney
and Greenwald.
NAYS: None.
Mr. Sweatt had provided Council with some cost information
and an article that appeared in a recent San Antonio
newspaper regarding turf and low water demands. Mr.
Sweatt stated the ordinance Council has adopted this
evening is very far-reaching. No other city in the Edwards
Underground Water District has taken such action. He
complimented Council on their action and encouraged them to
be very supportive of it because they will likely hear a
lot of discussion about it.
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Mr. Sweatt went on to say the City has a water demand
ordinance on the books that prescribes by stages various
action required on the part of the City. When the J-17
well level of 642 feet is reached, we go into Stage III
under our current ordinance. Because of the confusion with
San Antonio and with the Edwards, we have elected not to
place that into effect. The actions under Stage III are
rather severe. San Antonio has moved the 642 feet down to
640 feet and we have chosen to defer Stage III until San
Antonio hits the 640 foot level.
One of the things Council may want to modify is the $2.00
surcharge per 1,000 gallons in excess of 15,000 gallons of
residential usage. That's pretty severe.
Mr. Swinney asked if we don't want it severe because it's
a severe situation. Mr. Sweatt agreed, but emphasized we
need to be prepared. There are such a variety of rules and
regulations. There is no knowledge of any other entity
having this surcharge in Stage III.
Mayor Baldwin suggested discussing these penalties at a
workshop. Mr. Potempa agreed this item should be included
on a workshop agenda.
Mr. Sweatt asked Council's indulgence to continue to defer
Stage III and Council concurred with that.
fl2 CITY MANAGER'S REPORT: Asked everyone to
tentatively set their calendars for a tour on June 1st.
Those participating will be City Council, Planning and
Zoning Commission and other Boards and Commissions of the
City. Bus transportation has been arranged. The tour will
probably start somewhere mid-morning, then we'll have
lunch, then continue the tour in the afternoon and wind up
with a recap session at the Municipal Building and hope to
be through by 4:00 p.m. If that doesn't work out for the
majority of Council, we'll make different arrangements.
f13 ITEMS BY COUNCIL: Mr.McDonald:: A. Asked the
status of the fence on Dimrock. Mr. Sweatt said he had
asked his people to look into it, but didn't have a report
back yet. Mr. McDonald mentioned the gate is left standing
open all the time.
B. Referred to the Management Letter in the audit where it
says we need more help in the accounting office and asked
how difficult it would be to get a survey of some like
cities of how many people they have in their finance
offices versus their total dollar budgets. Mr. Sweatt
replied he could either do that now or at budget time. Mr.
McDonald thought a survey would be helpful at budget time.
Mr. Swinney asked if Mr. Sweatt feels this is an ongoing
need or does it peak during the budget time where temporary
help could be considered. Mr. Sweatt replied the
auditor's comments were, and the City's view of the
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workload is, that it's an ongoing need.
C. Questioned if the City can look at the load limit on
Church Street. After hearing the lady speak at the public
hearing about all the trucks, he wondered if we could do
something about it. Mr. Greenwald related that when Steve
Simonson checked the gate a couple of weeks ago, it was
completely grown over with weeds and had not been used in a
while.
D. Announced he will not be here for the May 15th meeting.
Mr. Potempa:
Mayor he had
guesses Mayor
longest.
Jokingly said that when Mr. Sawyer
the record for the shortest meeting, so
Baldwin is going for the record for
was
he
the
Mr. Sa~er: A.
unauthorized garage
around the City.
Noted there are a proliferation of
sale signs and swimming lesson signs
B. Congratulated Mr. McDonald, Mr. Potempa and Mayor
Baldwin on their election victories.
Mr. Swinnev: A. Also congratulated the election winners.
B. Reported Schertz Video on FM 78 is no longer there.
Planet Video is going in the Pic-N-Pac strip center.
Mr. Greenwald: A. Noted BVYA had 77 teams in their
tournament this past weekend.
B. Mentioned the food at the church festival was very
good.
#14 ITEMS BY MAYOR: There were none.
#15 ADJOURNMENT: On a motion by Mr. Potempa, seconded
by Mr. Swinney and unanimously approved, the meeting was
adjourned at 9:38 p.m.
c
---'
Mayor, City'of Schertz, Texas
ATTEST:
~~
city Secretary, City of Schertz
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