ccreg 08-06-1996
REGULAR SESSION OF THE CITY COUNCIL
AUGUST 6, 1996
The Schertz City Council convened in Regular Session on
Tuesday, August 6, 1996 at 7:00 p.m. 1n 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; Timothy Swinney; Earl Sawyer 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.
After the pledge, Mr. Sweatt introduced the two visiting
Macedonian Mayors and their interpreter. He explained they
are here as part of an exchange program and have already
visited the city of Boston, Massachusetts and the Texas
cities of Highland Park, Waxahachie and Athens before
coming to Schertz. They are here to learn about the way
local government is run and will hold their first election
in their cities this year. The visitors were welcomed by
Mayor Hal Baldwin.
#l
#la
APPROVAL OF MINUTES:
APPROVAL OF MINUTES:
Special Session 5-29-96
Regular Session 6-4-96
Mr. Sawyer moved to approve the minutes, as written, for
the Special Session 5-29-96 and the Regular Session 6-4-96.
Mr. Greenwald seconded the motion, which carried with the
following votes:
AYES: Councilmembers McDonald, Potempa, Sawyer, swinney
and Greenwald.
NAYS: None.
#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.
Several citizens had signed up to speak about Item #4 which
is the public hearing regarding a 121 acre gated community.
After being questioned by Mayor Baldwin, they agreed to
hold off making their comments until the public hearing.
George
and the
issuing
City to
shortage
Mower of 501 Brooks spoke about the water shortage
fact the City keeps approving new subdivisions and
building permits hand over fist. He called on the
stop issuing building permits until the water
is over.
#3 ORDINANCE: Consider and take action on final
reading of ordinance rezoning approximately 30 acres from
Residential/Agriculture (R/A) to Mobile Home Dwelling
District (MH) (Cliff Johnson property).
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Mr. Potempa moved to approve the final
ordinance rezoning approximately 30
Residential/Agriculture (R/A) to Mobile
District (MH). Mr. Greenwald seconded the
carried with the following votes:
reading of an
acres from
Home Dwelling
motion, which
AYES: Councilmembers McDonald, Potempa, Sawyer, Swinney
and Greenwald.
NAYS: None.
#4 PUBLIC HEARING: To receive citizen comments on a
request from FM 3009 Partners to rezone 121 acres from
Planned Unit Development/General Business/Light Industrial
(PUD/GB/M-l) to Residential (R-6 gated).
Mayor Baldwin explained the procedure that will be followed
for tonight's public hearings.
Mr. Sweatt pointed out the location of the proposed gated
community on the map, saying it is 800' behind the
right-of-way of IH-35, some is behind the right-of-way of
FM 3009, some is behind Mobile Villa, and a portion of it
abuts the Deer Haven Subdivision. Forty-two letters were
sent to property owners within the required distance and
seven were returned - two in favor, four opposed and one
questionable. Sam Bledsoe and Braden Box are both here
tonight to represent the owner/developer of the proposed
subdivision.
Mr. Box explained it is a 121 acre tract of land which
will be known as the Forest Ridge Subdivision. The western
portion will have gated access from FM 3009. There is no
commercial frontage although they will back up to
commercial on IH-35 and on FM 3009. They will front away
from retail, they will have hiking and biking trails, they
will have thicker trees on the larger estate lots (which
will not be gated), and the community will be in harmony
with its surroundings. The lots will range from 6600
square feet to 7200 square feet which in in excess of the
6000 square feet requirement.
Mr. Box reported they held a meeting with the residents of
Deer Haven and agreed to a 50' setback from their property
lines. Some of the real challenges of this development
will be backing up to the retail, backing up to the mobile
home development, and dealing with the overhead electrical
lines. They probably will ask for some of the same
variances granted Greenshire in regard to park land.
Ann Ladds of 921 Fawn stated she held a meeting at her home
and almost all the residents on Fawn were there. The
consensus was that if something is going to develop, they
would rather it be residential instead of commercial which
was proposed several years ago and which they opposed.
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They would rather see nice homes versus loading docks
dumpsters. They would like 75' between them and the
house and would like to keep a buffer zone.
and
next
Roman Froboese of 4513 FM 3009 expressed a lot of concern
about who owns the property and about drainage. There is a
culvert on his property that was built in cooperation with
TXDoT, the city of Schertz and Barshop. The developer of
this proposed community needs to be careful about drainage.
Mr. Bledsoe indicated a lot of drainage will be
intercepted by Wiederstein Road, but there will still be
some crossing Mr. Froebese's property.
After further discussion with Mr. Froebese, Mr.
admitted the final drainage design for the project
been completed yet.
Bledsoe
has not
Mayor Baldwin
houses being
answered no
development.
asked Mr.
built on
better
Froebese if he has a problem with
the property "and Mr. Froebese
residential than commercial
Richard Hammell of 12041 Schaefer Road, referring to his
experiences in New York, said when developers there put in
street drainage, they put in a sump and all houses drained
into the sump. It is City Council's obligation to find a
way to stock water and the State of Texas has got to see we
need to recharge. Mayor Baldwin assured Mr. Hammell the
Texas law requires builders to be concerned about water.
Mr. Swinney asked Mrs. Ladds if there is any concern
about the property density along FM 3009. Mrs. Ladds
responded there will always be traffic along FM 3009 and
eventually Schertz Parkway will absorb part of that. The
Deer Haven homeowners would still rather have residential
development instead of commercial
Jack Ladds of 92l Fawn Drive commented he was speaking on
behalf of James Harden, owner of the nursery along the
IH-35 access road, and mentioned a problem with dumping
trash over the fence onto Mr. Harden's property. The
developer needs to address that problem and City Council
needs to make sure the problem is corrected.
Mr. Potempa asked if Mr. Harden is for or against this
proposed development and was told by Mrs. Ladds he is for
it.
Mr. McDonald questioned how the estate lots, since they
are not part of the gated portion, are going to have
access. Why not make Wiederstein Road the only exit access
to Schertz Parkway instead of FM 3009? Mr. Bledsoe
replied there will probably eventually be another means of
access, but Wiederstein Road is not currently built.
Mr. McDonald stated he originally didn't think residential
is the best use of the land, but he is not totally against
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it. He does feel, however, there
abatement walls because of all
traffic.
do need to be some sound
the noise from IH-35
Ray Wofford
will increase
3009. Mayor
decides if
along Farm to
of l200 Spicewood stressed this development
the need for traffic control signals along FM
Baldwin informed Mr. Wofford the State
and when to install traffic control signals
Market Roads.
Mr. Swinney once again expressed his concern about gated
communities. We think the roads will be maintained, but if
the Homeowners Association falls apart lO to l5 years down
the road, he doesn't see anything but a big liability for
taking care of the streets.
Mr. Sawyer, saying he likes gated communities, pointed out
the Homeowners Association management is required to build
up an escrow account for road maintenance plus an account
that can handle the streets if they should ever be deeded
over to the City.
Mr. Potempa's concern was about the increase in traffic on
FM 3009. Mr. Sawyer felt that as traffic hazards
increase, it will behoove TXDoT to install traffic signals.
Mayor Baldwin asked if the greenbelt will be enclosed in
the gated community. Mr. Bledsoe answered it will be
accessible to the gated and ungated communities because of
the way Wiederstein Road lays out. Essentially the
greenbelt will be open, but there will be fences to the
backs of the lots abutting it.
Mr. McDonald inquired if there's only one access. All he
sees is the entrance off FM 3009. Mr. Bledsoe
acknowledged that is the only access right now, but as they
get further along, there will probably be another
connection down at Wiederstein Road. Mr. McDonald thought
the City required two means of access in case an emergency
situation arises.
Mr. Greenwald explained this is a conceptual plan. When
it gets to the actual platting process, that's when all the
details about access will come into play.
There was a brief discussion on the dedication of park land
with Mr. Bledsoe saying right now they plan on dedicating
l7.7 acres, but he hasn't run the figures so he's not sure
how much that will be in fees.
A lady in the audience asked if she understands correctly
that currently the only access is off FM 3009, and
Wiederstein Road won't be a means of access until possibly
further into the project. Mr. Bledsoe explained that the
idea is to keep a gated community concept, which is
privacy. The developer felt it was hard to market
something like this, with all the commercial surrounding
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it, without providing something unique like the sense of
privacy and the park area. Building Wiederstein Road is
quite a costly project.
Mr. Mower, asking permission to speak, wondered where the
developer is going to get water for this subdivision and
Mr. Bledsoe answered from the City of Schertz. Mr. Mower
then asked where the City is going to get its water and Mr.
Bledsoe answered from the Edwards Aquifer.
There being no further questions or discussion, Mayor
Baldwin closed the public hearing at this time.
#5 ORDINANCE: Consider and take action on first
reading of ordinance to rezone l21 acres from Planned Unit
Development/General Business/Light Industrial (PUD/GB/M-I)
to Residential (R-6 gated). (FM 3009 Partners)
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 APPROXIMATELY l2l 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 first reading
ordinance rezoning 121 acres from PUD/GB/M-I to R-6
Mr. Sawyer seconded the motion.
of an
gated.
Mayor Baldwin reminded Council, for clarification, this is
not approval of the subdivision, this is just approval of
the zoning change. As far as the subdivision, there are
still a lot of questions that need to be answered as far as
drainage and access.
Mr. McDonald asked if Council will get an opportunity to
address this again, or will it be all Planning and Zoning
and the platting process.
Mr. Swinney verified if this rezoning is approved, then
Council is more or less saying go ahead with the project.
Mayor Baldwin commented it is more a case of approving the
rezoning and then Planning and Zoning, as always, will make
sure the developer meets all the subdivision requirements.
Mr. Greenwald pointed out there will also be input
City staff, City engineers and attorneys. It's not
Planning and Zoning - it will be a cooperative effort.
from
just
At this time the vote was taken with the following results:
AYES: Councilmembers Sawyer and Greenwald.
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NAYS: Councilmembers McDonald, Potempa and Swinney.
The motion failed to carry and the request was denied.
#6 PUBLIC HEARING: To receive citizen comments on
request from Mike Lancaster to rezone lO.37 acres from
Neighborhood Services (NS) to Residential Dwelling District
(R-6 gated).
Mr. Sweatt pointed out the location on the map, noting it
fronts on FM 3009 between Woodland Oaks Drive and Dimrock
and is currently zoned Neighborhood Services. Thirty-four
letters were sent to property owners within the required
distance and seven were returned - two in favor and five in
opposition.
Mike Lancaster distributed a layout of the proposed
subdivision to City Council. Mr. Lancaster stated he had
been working with the neighborhood association and with the
Planning and Zoning Commission regarding concerns about
this project. It will consist of 40 residential lots, the
average size of which will be 9200 square feet. He is
going to designate 1.2 acres on the corner of Woodland Oaks
Drive and FM 3009, across from Tiger Tote, to construct a
small retail center with five or six tenants. The entry to
the subdivision will be off Dimrock and they picked that
because the Woodland Oaks intersection already had some
commercial activity and the increased traffic would be a
negative factor.
Mr. Lancaster went on to say there will be a 6' masonry
fence all the way around. There will also be a 40' space
and then the property owner's fence all serving as a buffer
from the commercial activity. There will be houses backing
up to houses not only along FM 3009, but also backing up to
Woodland Oaks. There is a drainage ditch which separates a
good portion of his project from Woodland Oaks. The 50'
setback will leave a nice canopy of trees backing up to FM
3009 to help screen the noise.
Mr. Lancaster mentioned there had been questions in the
past about tax values. Upon doing a comparison ten years
ahead between commercial and residential, the housing ended
up being $7,000 ahead and that didn't count the $9,000 in
park land fees being paid to the City of Schertz.
Regarding the concern about the streets in gated
communities not being maintained by the City, Mr.
Lancaster remarked he submitted a budget to Steve Simonson
who forwarded it to Ed Ford. Mr. Lancaster said Sam
Bledsoe is also his engineer and they had worked together
on the budget. Mr. Simonson has a letter from Mr. Ford
approving the budget from a maintenance standpoint, saying
it has sufficient funds. In reality, the City will be
collecting taxes and not having to maintain roads. Since
the City will be inspecting the roads, if they should get
them back in 20 years, they should be in pretty good shape
-371-
and the escrow fund would be available to take care of any
inefficiencies.
E. Workmon of 2728 Poplar Grove advised that
Lancaster came to the Homeowners Association Board
Directors meeting and made his presentation.
homeowners do not object to Mr. Lancaster's plan.
prefer residential versus commercial development and
been assured the trees will be preserved. The
majority have indicated approval.
Mr.
of
The
They
have
vast
Ty Brisgill of 2608 Hidden Grove preferred Neighborhood
Services development of the property. He stated if you
look from IH-35 down to Elbel Road, there's not much
Neighborhood Services development. Regarding private
streets, Mr. Brisgill said that is a major concern. There
is no sidewalk along FM 3009 and the State doesn't do a
good job of maintaining the weeds. If you're selling
houses, what does a gated community say. Is Schertz safe?
A gated community does not convey the image of a friendly
city.
Robert King of 2700 Kline Circle spoke in favor of Mr.
Lancaster's project. Mr. Lancaster has gone out of his
way to satisfy everyone's requirements. He has done
everything the City has asked him to do. He has made a
commitment to preserve the trees currently there. He is
willing to work with the community and maintain the
aesthetics of the community. What other developer has done
all that? Most of those who are opposed would like to see
things remain as they are now. Regarding traffic, FM 3009
was designed to handle it. Regarding private streets and
emergency access, where is the problem. Mr. Lancaster has
to meet all the City requirements.
Mr. Swinney asked Mr. Lancaster how important the gates
are to him. Would this project be successful if it were a
traditional neighborhood? Mr. Lancaster answered to
compete, the gates are important. They are popular right
now because people like to control their own destiny.
That's why he has taken the trouble to confer with lots of
individuals such as homeowners, engineers, City officials
and also why he has worked up a budget. There's no problem
with the emergency vehicles - they can get through the
gates. The retail center across from Tiger Tote will have
a fence to match the fences of the homeowners. He will do
everything possible to be a good neighbor.
Mr. Swinney admitted he's
communities, but is impressed
presentation.
not in
with
favor
Mr.
of gated
Lancaster's
Mr. McDonald felt residential is not the best use of the
land. His opinion is based not only on tax revenue, but on
convenience for the neighborhood. Things like doctors'
offices are needed and this is the best piece of land for
Neighborhood Services on FM 3009. Mr. Lancaster
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emphasized to Mr. McDonald he is trying to offer both
commercial and residential.
Mr. Potempa asked Mr. Lancaster if he would consider
taking down the gates and Mr. Lancaster answered no, the
gates provide a sense of security.
Mayor Baldwin inquired what price range the homes will be
in and was told by Mr. Lancaster they will be in the
$lIO,OOO to $120,000 range.
Mr. Potempa asked who the builder is and was informed by
Mr. Lancaster it is Flair Homes.
Mr. Sawyer mentioned he likes the concept of houses
backing up to houses.
George Mower questioned how many homes and Mr.
replied 40.
Lancaster
There being no further questions or discussion, Mayor
Baldwin closed the public hearing at this time.
#7
reading
gated.
ORDINANCE: Consider
of ordinance to rezone
(Mike Lancaster)
and take action on first
10.37 acres from NS to R-6
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 APPROXIMATELY 10.37 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 first reading of an
ordinance to rezone 10.2 acres from NS to R-6 gated. Mr.
Sawyer seconded the motion, which carried with the
following votes:
AYES: Councilmembers Sawyer, Swinney and Greenwald.
NAYS: Councilmembers McDonald and Potempa.
#8 PUBLIC HEARING: To receive citizen
request from City of Schertz to rezone 8.61
Apartment/Multi-Family Dwelling District
Neighborhood Services (NS).
comments on
acres from
(R-4) to
Mr.
map,
Elbel
Creek
Sweatt pointed out
saying it is on
Road on the same
Apartments. It
the location of the property on the
the corner of Schertz Parkway and
side of the street as the Sycamore
was the owner's intention to build
-373-
apartments and he has had several extensions, but nothing
has materialized yet. The Planning and zoning
Commissioners, of their own volition, have requested this
reversal in zoning (it was NS to start with) since nothing
has developed.
Mr. Sweatt further stated nine letters were sent to
property owners within the required distance and two were
returned, both in favor of the rezoning.
Joe Veytia of San Antonio, owner of the property, mentioned
he had been given plenty of time to find financing for the
project, but even thought he disagrees, the lending
community doesn't feel this is a good market for
apartments. He has tried several methods, among them
government programs, but has always come up empty. He
thinks the best use of the land is R-4 and if it reverts
back to Neighborhood Services, it will be bad for the City
of Schertz. Mr. veytia commented he would like for things
to be different, but they are not.
Mr. McDonald agreed with Mr. Veytia. Mayor Baldwin
observed the land can set empty zoned R-4 as well as zoned
NS. Mr. sawyer pointed out Mr. Veytia can always request
the land be rezoned back to R-4. The City needs to
maintain continuity and keep its word. They gave Mr.
Veytia a certain amount of time to start development and he
hasn't, so the zoning should revert back to NS. Mr.
Potempa agreed with Mr. Sawyer. Mr. Greenwald suggested
if he finds a source of financing, that Mr. Veytia come
back and request rezoning.
There being no further discussion or questions, Mayor
Baldwin closed the public hearing at this time.
#9
reading
(Veytia
ORDINANCE:
of ordinance
Property)
Consider and take action on first
to rezone 8.61 acres from R-4 to NS.
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 APPROXIMATELY 8.61 ACRES OF LAND OUT
OF GUADALUPE COUNTY AND REFLECTING SUCH CHANGES
ON CERTAIN ZONING MAPS IN ACCORDANCE WITH THE
SCHERTZ ZONING ORDINANCE.
Mr. Sawyer ~oved to
ordinance rezoning 8.61
seconded the motion,
votes:
approve the first reading of an
acres from R-4 to NS. Mr. Swinney
which carried with the following
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AYES: Councilmembers
Greenwald.
Potempa,
Sawyer, Swinney
and
NAYS: Councilmember McDonald.
#lO BID AWARD: Consider and take action on awarding
bid for telemetry equipment for utility control system.
Mr. Sweatt advised the City solicited bids for telemetry
equipment to replace the utility control and pump system.
One problem is that the current system is proprietary in
that only the company we bought it from can repair it.
Bids were received from P.C.I. in the amount of
$42,593.00, from Hierholzer Engineering in the amount of
$47,200.00, from Team Controls in the amount of
$101,000.00, from C.E.I. in the amount of $34,850.00 and
from Remote Operating Systems in the amount of $42,500.00.
It is recommended the bid be awarded to P.C.I. in the
amount of $42,593.00. Sam Willoughby and Eber Busch from
the Public Works Department are here to answer questions.
Mr.
Mr.
turns
McDonald questioned what telemetry equipment does and
Sweatt explained it is radio band equipment which
the pumps on and off and monitors the flow.
Mr. Potempa asked what company the City currently has and
Mr. Sweatt answered C.E.I., but the system is failing and
getting extremely expensive to maintain.
Mayor Baldwin asked if the City has a maintenance equipment
with C.E.I. now or do they just maintain their own
equipment. Mr. Sweatt replied there is no maintenance
contract. It went up to $5,000 per year and they found
they couldn't afford it. When we have to call them, we're
still paying a minimum of $500 per trip. We could repair
much of that equipment ourselves, but are unable to buy the
components.
Mr. Sawyer asked if the maintenance contract price was
included in the bid price from C.E.I. Mr. Sweatt replied
no - the maintenance contract, should the City choose to do
that, would be an additional $6300.
Mayor Baldwin inquired about the maintenance contract price
with P.C.I. and Mr. Sweatt indicated that would be $2400,
but they are not recommending a maintenance contract.
Mr. Swinney observed it looks like in light of the
maintenance, they could make up this difference in about
two years. Mr. Sweatt mentioned that one problem is most
of the system failure is caused by lightning and under most
normal maintenance agreements, that's not covered.
Mr. Greenwald commented if the P.C.I. system breaks down,
the City could go out and buy parts and do their own
repair. With C.E.I. that's not possible. Mr. Sweatt
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verified that's correct.
Mr. Potempa questioned if the City has the ability in
house to repair the system and was told they do. Mayor
Baldwin wondered if there's any warranty restrictions if
the City does the work itself. It won't void the warranty?
Mr. Willoughby replied there are no such restrictions.
Mr. Sweatt asked the expected life of the system and Mr.
Willoughby replied approximately 10 years. Things have
gotten better and less expensive.
Mr. McDonald moved
equipment to P.C.I.
Swinney seconded the
following votes:
to award the
in the amount of
motion, which
bid for telemetry
$42,593.00. Mr.
carried with the
AYES: Councilmembers McDonald, Potempa, Sawyer, Swinney
and Greenwald.
NAYS: None.
#IOa ORDINANCE:
reading of ordinance
in Greenshire Unit 4.
Consider and take action on final
establishing traffic control measures
Mayor Baldwin introduced an ordinance and read the caption
as follows:
ORDINANCE NO. 96-D-23
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 18-32, STOP INTERSECTIONS, SECTION 18-35,
YIELD INTERSECTIONS, AND SECTION 18-48, TWO-WAY
STOP INTERSECTIONS; AND PROVIDING A REPEALING
CLAUSE.
Mr. Sawyer moved to approve the final reading of an
ordinance establishing traffic control measures in
Greenshire Unit 4. Mr. Potempa seconded the motion, which
carried with the following votes:
AYES: Councilmembers McDonald, Potempa, Sawyer, Swinney
and Greenwald.
NAYS: None.
#IOb BUDGET: Consider and take action regarding
Bexar Metro 911 budget.
Mr. Sweatt advised Council a minute order is appropriate
for approval.
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Mr. Potempa moved to approved the Bexar Metro 9ll budget.
Mr. McDonald seconded the motion, which carried with the
following votes:
AYES: Councilmembers McDonald, Potempa, Sawyer, Swinney
and Greenwald.
NAYS: None.
#ll CITY MANAGER'S REPORT:
Sweatt deferred his comments
discussion.
There was none. Mr.
to the first budget
#12 ITEMS BY COUNCIL: Mr. Greenwald: Asked that on
the next workshop agenda there be an item for discussion
about abolishing the Planning and Zoning Commission since
City Council wants to see all the plats and doesn't need
the Commission.
Mr. McDonald commented he didn't realize the Commission
was infallible. The people here tonight representing the
FM 3009 Partners didn't answer the Council's questions
satisfactorily. Mr. Greenwald pointed out the questions
they were asked are not part of the zoning change request.
Council is confusing zoning with the platting process.
Mayor Baldwin stated it is part of the process to disagree.
Mr. Sawyer remarked he thinks what Mr. Greenwald is
saying is if Council wants to be part of the platting
process, it should be so stated in an ordinance.
After a brief discussion, Council stressed they were not in
favor of abolishing the Planning and Zoning Commission and
an item to do so should not be on a workshop agenda.
Mr. Sawver: A. Reported there are still a proliferation
of illegal signs on telephone poles in his area and he
would like to see them removed. If the City isn't going to
enforce the Sign Ordinance, then do away with it.
B. Reported that in the parking lot of the park, facing
Oak Street in front of the ballfield concession stand,
there are some concrete bumpers for cars one of which is
almost across the sidewalk pavement. Another one is also
sticking out a little and someone is going to trip on them.
Someone needs to move them back in place.
C. Stated he had observed some illegal watering while on
his morning walks.
D. Commented there's a gentleman selling watermelon in
front of the VFW and he has no objection to that as long as
the gentleman has a City license and a Sales Tax
Certificate. Mr. Sawyer was informed the gentleman has
both.
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----
Mr. Potemoa: Asked if there's a misprint on the Calendar
of Events. Does the City have Municipal Court everyday?
Mr. Sweatt replied yes they do.
Mr. McDonald:
illegal signs Mr.
A. Mentioned he has seen
Sawyer is talking about.
some
of
the
B. Brought up the fact there's still a motor home blocking
the sidewalk at one of the homes in Woodland Oaks. His pet
peeve is motor homes blocking the sidewalk and also motor
homes parked on the street longer than legally allowed.
C. Related his vote tonight was not
the Planning and Zoning Commission.
doing a good job.
a reflection
He's feels
against
they're
#13 ITEMS BY MAYOR: There were none.
#13a BUDGET WORKSHOP
At 9:20 p.m. the Council moved to the Conference Room to
hold a workshop on the budget.
Mr. Sweatt advised there are already some changes to pages
2, 38 and 40 and everyone should have their revisions. He
also reviewed the tentative budget schedule. The budget
was submitted to the City Secretary on August lst in
accordance with the terms of the City Charter. On
September 11th, if the recommended tax rate is 3% above the
effective rate, there is a requirement for a tax public
hearing as the only item on the agenda. If the tax rate is
not 3% above the effective tax rate, no public hearing is
required. The other items on the tentative budget schedule
are self-explanatory. Listed for August 28th is a vote to
place a proposal to adopt the tax rate if the proposed rate
is 3% above the effective rate. On August 28th it is also
appropriate Council schedule a public hearing for the
budget and for the tax rate. The last dates could be moved
to September 24th if absolutely necessary.
Mr.
is a
38.19
equal
Sweatt went on to say included in the proposed budget
letter of transmittal with a recommended tax rate of
cents per $lOO value. One cent in the tax rate is
to approximately $36,757 in ad valorem tax revenue.
Mr. Potempa asked what the current tax rate is and Mr.
Sweatt answered 40.72 cents per $lOOO value.
Mr. Sweatt reviewed the highlights and said each of the
funds are designed to stand on their own. Of the major
funds, a new fund this year is the hotel/motel tax.
They've begun a slightly different arrangement for Fleet
Services this year. They are charging a set amount for
labor to each department based on their previous years
experiences. There is a plug-in amount to each of those
departments for their share of the labor cost only.
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The revenue fUI.~s were discussed with Mr. 3weatt pointing
out those that had a significant increase, such as the
permits and the plan check fees.
Mr. Swinney asked how accurate the City had been in the
past in assessing Sales Tax revenue. Mr. Sweatt replied
they had been consistently under anywhere from 7% to 9%.
Their estimate has been somewhat conservative. Mr.
Sweatt's recommendation was to remain conservative, but Mr.
Sawyer felt they should go about lO% higher. Mayor Baldwin
mentioned getting budget sales tax figures versus actual
sales tax figures for the last five years to get some idea
of how it has been running.
Mr. Potempa said last year he had asked about dispatch
services for the Cibolo Police Department and the School
District and Mr. Sweatt told him he would reassess it and
check it out. Mr. Sweatt indicated they are analyzing it
even though they used last year's figures. He, has asked
Chief Smith to look into it to see if there's a better way
of proportioning the City's cost.
Mr. Swinney asked if the revenue from garage sales is
expected to go up considering the increase in population.
Mr. Sweatt stated they have not seen a significant
increase from garage sale permits.
Mr. Sweatt related that under Truancy Court now, the
Magistrate/ Associate Judge is hearing truancy cases on
charges from the school district. Under the new Juvenile
Code, there is a requirement that an attorney be present
even if the juvenile chooses not to have an attorney.
There must be an attorney present to hear their plea that
they don't want an attorney. They have estimated a cost of
$3000 to hire an attorney to be present during truancy
cases. The law provides that the truancy charges can be
accompanied by a fee. They propose to have those truancy
cases subjected to a fee that will raise the $3000 to pay
for the attorney. Mayor Baldwin asked if it's an
operational fee or an optional fee and Mr. Sweatt answered
it's an optional fee.
Mr. Sweatt then called Council's attention to an item he
believes deserve some attention and thought. They are
expecting the receipt of $24,000 for sale of recyclable
items in fiscal year 1996/97 and account #48999 is a
recycling reserve. They plan to transfer into the general
fund or retain as earned income an additional $48,000 of
recycling receipts which will already have been received by
the end of the 1995/96 fiscal year. There will be a total
of $72,000 available for recycling expenditures.
Mayor Baldwin asked Mr. Sweatt to explain the item called
loan proceeds from police vehicles. Mr. Sweatt related
they expect to ask Council to finance a portion of the cost
of acquiring four additional police vehicles.
Mr. McDonald asked what they're
vehicles. Are they trading them in?
doing
Mr.
with
Sweatt
the old
replied
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they plan to keep one in the police reserve service and if
another has any life at all, it will be transferred to
SAFES for a supervisor to use, and the other two will be
disposed of at public sale.
#14 ADJOURNMENT: On a motion by Mr. Potempa, seconded
by Mr. Sawyer and unanimously approved, the meeting was
adjourned at 10:00 p.m.
r
ATTEST:
~./l/-r~
City Secretary, City of Schertz
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