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