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ccreg 09--6-1994 255 REGULAR MEETING OF THE CITY COUNCIL SEPTEMBER 6. 1994 The Schertz City Council convened in Regular Session Tuesday, September 6, 1994 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 Tem Joe Potempa, presidingi Charles McDonaldi Barbara Stanhope, Mary Marsh and Ken Greenwald. Absent: Mayor Hal Baldwin. Staff present were City Manager Kerry Sweatt and City Secretary June Krause. Mayor Pro Tem Potempa welcomed everyone to the meeting and asked them to rise and join him in the Pledge of Allegiance. #1 APPROVAL OF MINUTES: A. Special Meeting 7-27; Regular Meeting 8-2 and Special Meeting 8-10-94. Mr. Greenwald moved Meeting of 7-27-94; Special Meeting of motion, which carried to approve the minutes of the Special the Regular Meeting of 8-2-94 and the 8-10-94. Mrs. Marsh seconded the as follows: 7-27-94 - AYES: ABSTAINING: Mr. 8-2-94 - AYES: Greenwald ABSTAINING: Mrs. Stanhope 8-10-94 AYES: Councilmembers Greenwald ABSTAINING: NAYS: None Councilmembers Potempa, Marsh and Greenwald McDonald and Mrs. Stanhope Councilmembers McDonald, Potempa, Marsh and McDonald, Stanhope and Mr. Potempa and Mrs. Stanhope #2 HEARING OF RESIDENTS: None #3 PUBLIC HEARING: The purpose of the hearing was to receive citizen input on a request by G. Russell Hutchins. on behalf of Cottage Lifestyles, for a zoning change for 14.57 acres of land on East Live Oak Road from R-2 to R-4. Mr. Sweatt described the property and pointed it out on the map. He advised that nine letters were mailed to property owners within 200 feet of this property, with no letters being returned with or without comments. Planning & Zoning Commission held their hearing on August 23 and are recommending approval conditioned on the construction being commenced within six months. Mr. Russell Hutchins first handed out some information on Cottage Lifestyles, Inc. and introduced Debra Griffins, who was hired to manage the property. She will be responsible for the day to day operations. He said that since their last meeting, they had received the initial scoring from the State and felt the property will receive credit program. Since 1987, Cottage Lifestyles has built approximately 110 256 units, under management by the company or by themselves. They have eleven new projects getting under way and should be completed before the end of 1995. They plan to use material that is suitable to the southwest. He then showed the preliminary site plans, with twelve buildings and 144 dwelling units, nine units per acre. He mentioned that there are some development problems with the property, getting water and sewer to the site will cost about $65,000 to extend. Mr. Hutchins went on to explain the units would be 70% moderate income housing and 30% market rate. The market rate would be from $450 to $750 per month. Applicants go through a heavy screening process. They must be 55 years or older and have a household income at the moderate level, with no income limits on the market rate units. He emphasized that this would not be a public housing project but privately owned and will be managed full time by professional managers. There will be very heavy deed restrictions children visit for a maximum of two weeks a year. It will be 100% handicapped accessible. He said they have been well received wherever they have gone and this one will be acceptable to the community. Mr. McDonald referred to the 70% moderate income and asked if it would be government subsidized. Mr. Hutchins said yes, but only because of the tax credits. Also there would be no age discrimination because this project is especially built for the elderly. Mr. Stanhope pOinted out that in the advertisements water, sewer and trash removal are included in the rent prices so the only utilities to be paid by the renters will be telephone and electricity. B. Maggie Pena of 1037 Live Oak Road asked if the Council had researched this project. Mr. Sweatt advised that he had contacted a number of the cities where they are located and was told they followed through with what they said they would. Mrs. Pena then said she was confused because she was told this would not have government funding and now the gentleman said it will. Mr. Hutchins advised that the Federal Government issues tax credits and that is how they raise money for the project. He also assured her there would be no discrimination involved. C. Mrs. Evelyn Nilan of 1033 Live Oak Road asked about Mr. Hutchins taking listings from other senior citizen housing and contacting those people. ~/' 257 Mr. Hutchins said they are required to contact Housing Authority for people on their waiting would qualify for this senior citizen housing. told the local Housing Authority has about 8 or 9 possibly qualify to be applicants. the list They that local that were would Mrs. Nilan said she had called the men in Iowa and these people have not managed any of their projects so we have no way of knowing how Cottage Lifestyles will manage them. She asked what recourse we would have. Mr. Hutchins explained how the tax credits work, when a project is first set up they have to hold for years and that is how you can be assured the same will have continued involvement in the units. saying sixteen people Mr. Sweatt explained that if the property was not maintained, we have civil recourses. They have to be maintained from a health and safety standpoint. Mrs. Nilan asked if this project does not get started, does the property have to be rezoned and would they have a say in what would go in there. Mr. Sweatt said that Planning & Zoning has recommended that if construction does not begin within six months, the City could begin rezoning or the owner could. Mr. Hutchins said they would have no problem with that being a part of the zoning. If the credits are approved, the project has to begin before the end of this year. If the credits were not approved, they would notify the City Mr. McDonald noted in the packet information one question asked is will the renter receive rental assistance. He asked if this referred to Section 8 assistance. Mr. Hutchins said they could not discriminate but the applicants would still have to meet the project criteria. There being no further comments, Mayor Pro Tem Potempa declared the public hearing closed at 7:44 p.m. #4 ORDINANCE: Mayor Pro Tem Potempa an ordinance and read the caption as follows: introduced AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, AMENDING THE ZONING ORDINANCE NO. 87-S-1 BY REZONING 14.57 ACRES OF LAND OUT OF GUADALUPE COUNTY AND REFLECTING SUCH CHANGES ON CERTAIN ZONING MAPS IN ACCORDANCE WITH THE SCHERTZ ZONING ORDINANCE. 258 Mr. McDonald moved to table this item until we would get a clarification on the Section 8 question. Mrs. Marsh said she would have to speak against her own feelings. Just because Council would approve the zoning does not mean the plat would be approved. The questions brought up would be more appropriate when we get into the platting. She said it would really hold up everything if Council spent three more weeks just on the zoning and of course a lot of time will be spent on the platting, etc. She felt the zoning is a different issue. She added that Mr. Hutchins has gotten a pretty good idea of the questions that need to be answered. After more discussion, Mr. McDonald withdrew his motion. Mrs. Marsh moved to grant the rezoning for this 14.57 acre tract of land from R-l to R-4. Mr. Greenwald seconded the motion, which carried with the fOllowing vote: AYES: Councilmembers Stanhope, Marsh and Greenwald NAYS: Councilmembers McDonald and Potempa Mr. Sweatt reminded that this is the first reading of the ordinance and the final consideration would be on September 20th. #5 PUBLIC HEARING: The purpose of the hearing was to receive citizen input on a request by Veytia Partners Ltd. for a zoning change for 8.61 acres at the corner of Elbel Road and Schertz Parkway from NS to R-4. Mr. Sweatt pointed out the location on the map, saying that nine letters were mailed to property owners within 200 feet and no letters were returned. Planning & Zoning held their public hearing on August 23rd and made a recommendation of approval, if construction begins within six months. After asking if there were any comments from the audience or Council and receiving none, Mayor Pro Tem Potempa declared the public hearing closed at 7:49 p.m. #6 ORDINANCE: Mayor Pro Tem Potempa 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 8.61 ACRES OF LAND OUT OF GUADALUPE COUNTY AND REFLECTING SUCH CHANGES ON CERTAIN ZONING MAPS IN ACCORDANCE WITH THE SCHERTZ ZONING ORDINANCE. ~' 259 Mr. McDonald moved to approve the first reading of the ordinance rezoning 8.61 acres from NS to R-4. Mrs. Marsh seconded the motion, which carried as follows: AYES: Councilmembers McDonald, Potempa, Stanhope Marsh and Greenwald NAYS: None #7 PUBLIC HEARING: The purpose of this public hearing was to receive citizen input on a request by Rayco Ltd. for a zoning change and variances for property on both the east and west sides of Schertz Parkway. Mr. Sweatt pointed out the area on the maps, saying the request was to rezone the areas from General Business to R-2 and R-4 single-family dwelling districts. There were 89 letters mailed to property owners within 200 feet of this property. Three were returned unopened, eight returned were opposed and three were in favor of granting the request. Planning & Zoning held their public hearing and made a group of recommendations. A. Change from R-2 to R-6 for 60.6 acres on the west side of Schertz Parkway with variance to lot size of 60'xl00' to lots 55', 60' and 65' x 120'. B. Change from GB & R-2 to R-6 for 105.2 acres on the east side of Schertz Parkway with variance to lot size of 60'xl00' to lot size of 55'x120'; variance to side yard setback from 7' and 8' to 5' on one side only with 15' separation between all buildings; and a variance to the landscaped buffer along Schertz Parkway from 30' to 10', with the understanding that either brick or masonry is intended. Mr. Herb Quiroga, Vice-President of Rayco, advised they are ready to proceed and what they propose to build is their Classic Series. They have presented their proposed master plan and intend to preserve as many trees as possible. The first phase will consist of 158 lots, with two-story houses as this is more economical than a one-story house. They have no objections to the recommendation of P&Z and plan to build a brick or rock wall in the buffer zone. As there were no questions from the audience or Members, Mayor Pro Tem Potempa declared the public closed at 8:06 p.m. Council hearing #8 ORDINANCE: Mayor Pro Tem Potempa 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 155.848 ACRES OF LAND OUT OF GUADALUPE COUNTY AND REFLECTING SUCH CHANGES ON CERTAIN ZONING MAPS IN ACCORDANCE WITH THE SCHERTZ ZONING ORDINANCE. 260 Mrs. Marsh moved to approve the first reading of an ordinance rezoning 155.848 acres of land out of Guadalupe County. Mrs. Stanhope seconded the motion, which carried with the following vote: AYES: Councilmembers McDonald, Potempa, Stanhope, Marsh and Greenwald. NAYS: None #9 RESOLUTION: Mayor Pro Tem Potempa introduced a resolution urging Congress to modify legislation and regulations of the Endangered Species Act. Mr. Greenwald moveq to approve the resolution urging Congress to modify legislation and regulations of the Endangered Species Act. Mrs. Stanhope seconded the motion, which carried with the following vote: AYES: Councilmember McDonald, Potempa, Stanhope, Marsh and Greenwald. NAYS: None #10 AGREEMENT: Consider and take action on an Interlocal Agreement with SCUC-ISD regarding law enforcement and emergency communications service. Mr. Sweatt had provided a copy of the agreement between the SCUS ISD and the City of Schertz for police dispatch service for the school district. This agreement outlines the function of the service to be provided based on 100 calls per month. Mr. McDonald SCUC ISD and service. Mr. as follows: moved to approve the agreement between the the City of Schertz for pOlice dispatch Greenwald seconded the motion, which carried AYES: Councilmembers McDonald, Potempa, Stanhope, Marsh and Greenwald. NAYS: None #11 CDBG AGREEMENT: Consider and take action regarding amendment to CDBG Interlocal Agreement for economic development plan to extend project completion date. Mr. Sweatt explained this is to authorize the extension of the agreement for the joint economic development study. The Grant was approved and work has progressed, with the study being essentially complete. They have asked that the agreement be extended. Mrs. Marsh moved to approve the amendment to the Interlocal Agreement for economic development. Stanhope seconded the motion, which carried as follows: CDBG Mrs. ----- -~ 26] AYES: Councilmembers McDonald, Potempa, Stanhope, Marsh and Greenwald. NAYS: None #12 CITY MANAGER'S REPORT: A. There will be a joint meeting on September 26th at the Live Oak Civic Center for the purpose of receiving the final report from PH Fantus for the economic development study. B. On September 22nd we will have the Schertz Business Association Appreciation recognize existing businesses. 5th Annual Dinner to #13 ITEMS BY COUNCIL: Mr. McDonald - A. The Housing Authority terminated the contractor doing their repair work. B. He called Mr. Stevens on the FM 3009 project and heavy water at some intersections and was told that the intersections are engineered to be low water crossings even though they are major entrances to subdivisions. #14 ITEMS BY MAYOR: Announced he and Mrs. Stanhope helped with the Jerry Lewis Telethon and had a good time. Mrs. Marsh congratulated City Manager Kerry Sweatt on his 6th anniversary with the City. She said once again Council very, very much appreciated everything he has done for the City of Schertz. #15 ADJOURNMENT: Mrs. Marsh moved the meeting be adjourned at 8: 16 p.m. Mrs. Stanhope seconded the motion, which carried with a unanimous vote. Mayor Pro Tem, City of Schertz ATTEST: City Secretary, City of Schertz