ccreg 10-05-1993
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REGULAR MEETING OF THE CITY COUNCIL
OCTOBER 5, 1993
The Schertz City Council convened in Regular Meeting
Tuesday, October 5, 1993 at 7:00 p.m. in the Council
Chambers of the Municipal Complex, 1400 Schertz Parkway,
Schertz, Texas. The following members were present: Mayor
Earl W. Sawyer, presiding; Joe Potempa; Hal Baldwin;
Barbara Stanhope; Mary Marsh and Ken Greenwald. Staff
present were City Manager Kerry Sweatt and City Secretary
June Krause.
Mayor Sawyer welcomed everyone to the meeting and asked them
to join him in the Pledge of Allegiance.
#1 HEARING OF RESIDENTS: Mr. McDonald complimented
everybody involved in getting the railroad crossing at
Cibolo Creek cleaned up. A terrific improvement!
#2 PUBLIC HEARING: The purpose of the public hearing
was to receive citizen comments on a request by Darwin E.
and Patricia Peek to rezone an eight (8) acre tract of land
from R-l Single Family Dwelling District to R-4
Apartment/Multi-Family Dwelling District.
Mr. Sweatt pointed out on the zoning map the location of
the eight acre tract Mr. & Mrs. Peek are requesting to be
rezoned from R-1 to R-4. Notices were mailed to property
owners within the 200 feet of this property. A total of ten
were mailed to the owners within the required distance from
the edge of the property. Of the ten notices mailed, nine
were returned in opposition to the request. Additionally,
apparently the Woodland Oaks Home Owners Association or
others duplicated copies of the notice of hearing and these
were furnished to a number of owners within the Woodland
Oaks Subdivision that abuts this area. We have therefore
received an additional 170 statements of opposition to the
request. Planning & Zoning Commission held its hearing;
and after the review of the hearing, the P&Z voted to
recommend the request be denied. Tonight was established as
the date for the public hearing by Council and a number of
interested citizens have signed a roster, some requesting
time to speak.
Mayor
that
Mr.
Sawyer said he would just go down the list of those
marked the roster as wanting to speak. The first was
Charles McDonald.
Mr. McDonald said he was opposed to changing the zoning to
R-4; however he said he would not be opposed to an R-2 or
R-3 zoning there. There is no way to avoid the stub out on
Dimrock being utilized by the high density housing area. As
many as 192 units could be built on that acreage - whether
that many would be built is not the question. He said he
did not feel Dimrock could handle that much traffic. He
felt we already have plenty of R-4 zoned land in the city
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at the present time. When we fill up the R-4 we have now
then we can look at changing some other zoning. Someone got
offended at the P&Z meeting thinking it was said that
everyone that lived in an apartment was a thief. Mr.
McDonald said that was not what was said. They said, with
apartments, we increase our crime simply because all crime
rate figures are based on population.
Mayor Sawyer, at this time, apologized because he had not
asked Mr. Peek to speak first and asked him to speak at
this time.
Mr. Peek read the following statement: "My wife and I have
always tried to be good neighbors. We will continue to try
to be good neighbors.
We are long-time residents of Schertz.
family on the adjacent six acre tract.
here.
We have raised our
We plan to remain
The 8 acre tract in question is next to GB zoning across
Maske Road. It borders 300+ feet of utility and drainage
easements that, in our opinion has become an illegal dump.
It also has 400 feet of common boundary with Woodland Oaks
(which is R-2).
When we bought the property, the land in question was marked
as apartments on the City of Schertz Plan. This was before
the property was in the city limits.
Earlier master plans of Woodland Oaks contained several
zoning classifications inCluding R-4. As various developers
have added more R-2 housing, the R-4 zones were pushed back
and finally dropped.
Green space was also included in the master plan. This
green space appears to have been reduced and/or pushed back.
Some Woodland Oaks residents have stated at the previous
hearing they were told our property would not be developed.
This is news to us. We have agreed to no such thing.
Others have suggested that our homestead should remain green
space. That would simply be an unconstitutional taking of
private property.
Some opponents to our proposal have suggested that we
request R-2 or R-3 classifications for the 8 acres.
Since the property is bounded on three sides by GB zoning,
an illegal dump and R-2 housing, we think that R-l zoning is
unacceptable. R-l is not realistic for this location.
We still prefer R-4 zoning for the tract, though we would
not push the issue if R-3 zoning were granted to the
property. In that case, the adjacent six (5.98) acre tract
that contains our residence should also be Changed to R-3."
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Mr. Peek ended by sayinQ he was Qlad to see the people of
Woodland Oaks organized and workinQ for the betterment of
the community. He said he would like to work with the City
and also wanted to be a Qood neiQhbor.
Dawn Smith of 2404 Newning - She wanted to repeat somethinQ
said at the last meetinQ. She really wished Council would
take into consideration the number of children that live on
Dimrock, the number of buses that let children off on
Dimrock and that the road was not built to accommodate that
traffic. People park on that road and children play on that
road.
ROQer Garrett of 2701 Hillview - He said they bought in
Schertz because it is basically a rural community.
Apartments will distract from the primary reason they moved
out here. He also wanted to know what effect this would
have on the schools. He also said the City needs to take a
look at the drainage problem that was referred to.
Mrs. Garrett added that road is not equipped to handle the
traffic.
Morris Smith of 1028 Dimrock - He said Dr. Peek said the
property bounded on an illegal dump but he did not feel this
had any bearinQ on the rezoning. He agreed with Dr. Peek
when he said people bring up the crime rate. He said with
192 apartments - even with just one per apartment that would
be at least 192 more people in the neiQhborhood. He did not
feel anyone in the room except Dr. Peek wanted apartments
in their neiQhborhood. He asked what R-3 zoning was. He
was told it was for duplexes and R-5 was Garden Homes.
Torn Perry of 844 Dimrock - He said there is a big emotional
appeal at this hearing because no one from Woodland Oaks are
willing to have apartments in their back yard. He said
being in the military, he had to live in apartments more
than he wanted to and knew what goes on in apartments. They
increase traffic at all hours of the night a loud
concentration of parties and he does not want that in his
back yard. He has a concern about the traffic, since his
children are five and eight years old. He asked if the
increase in taxes would offset the decrease in property
values by apartments moving in - that should be looked at.
With the increase of 192 families, you would have to look at
the increase in fire protection, police protection. He said
there are some fiscal aspects that should be considered
along with the emotional aspects.
Juan Thorn of 2625 Cotton King - his concern was that he
moved out here because of the nice community and he did not
want apartments there.
Brooks Pfeil
Planning and
denied because
of 2400 Newning - He said that obviously the
Zoning Commission had recommended this be
of amount of people who attended their
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meeting and stated various logical, not just emotional,
reasons why they did not want the apartments there. If the
people in the room were poled, he doubted that more than one
person would want this change. As this is a democracy, he
felt Council should listen to the wishes of the great
majority. He mentioned property values, school taxes and
the fact that the people wanted to live in single family
homes not near apartments. He felt that apartments do
cause crime. He felt there is sufficient zoning in Schertz
for apartments without rezoning single family housing
districts.
Harry McMillen who lives in Greenfield village said P&Z
heard comments two weeks ago from almost 200 people and then
tonight the room is full of people in opposition of this
change. He said he was nervous because one of our sister
cities just a week ago listened to comments from citizens
and then the Council totally rejected what the citizens said
and voted their own way. He just respectfully requested
that the council listen to what the citizens are saying and
act accordingly.
Malford Ackermann said he did not get a letter and he has
property right across the street from the Peeks. He said he
needs to know about the drainage. There is drainage
problems in Woodland Oaks that has not been dissolved and
with more houses going up, the City needs to put a stop to
that until the drainage is fixed.
Carolyn Conner - 2400 Newning. She was concerned because
last week she found out that the Schertz legal paper is the
Seguin Gazette. She said a lot of them would not have heard
about this meeting or future meetings in Schertz.
Mayor Sawyer advised that the Council has no control as to
what is in the Herald. He said we went with the Seguin
Gazette to save the citizens some money but we do put our
notices in the City Newsletter. He also said that, by law,
we notify every property owner within 200 feet of the
property under discussion.
Mr. Sweatt said the City Attorney has reviewed the Attorney
General's opinion regard the official newspaper requirement
in the State of Texas and has determined that the Herald
does not meet the requirement for serving as official
newspaper. In the past we resolved that by advertising in a
paper in downtown San Antonio, that was not distributed here
either. We were paying $3.85 per column inch to advertise
in both the Herald and the Commercial Recorder. When we
solicited new proposals, the new bid,publishing the same
way, price increased by 399% to a rate of $15.35 a column
inch. We advertise in the Seguin paper, which meets the
requirement of the legal definition, at a rate of $4.80 a
column inch.
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A gentleman in the audience said if Council took a pole of
everyone in the audience and asked who gets the Seguin
paper, he felt the majority would take the San Antonio
paper. He felt they would rather spend the tax dollars to
know what is going on.
Mayor Sawyer said we are really getting away from zoning and
he would rather get back to that subject.
A gentleman said that at the last P&Z hearing, they were
told there are four criteria that the city ordinances laid
out that the property would have to meet to be changed to
R-4. He asked if the P&Z submitted something in writing to
explain each of the four criteria. Mayor Sawyer said no,
they did not supply that in writing.
Another gentleman asked if this zoning was denied, when
could Mr. Peek come back to asked for some other type of
zoning.
Mayor Sawyer said any time he wants to.
John Burris of 1108 Dimrock said he was against the rezoning
from R-l to R-4 but had nothing against either R-l or R-2 or
R-5. If an apartment complex goes in, it will increase
traffic on Dimrock, which was not designed for that much
traffic. There is not enough right of way for sidewalk
traffic. He said he works for Valero Gas and the line sits
right next to where this apartment complex is going to go.
he said that an apartment could not be built there unless
the gas line is going to be moved.
Cindy Slaughter said she listened to all the comments last
week and this week and the best comment she has heard is
that this is a quality of life issue and it is. They moved
into the community because they liked the quality of life
and they do not want that to change.
Ed Hughs said he was opposed to this zoning change but was
also concerned about the rest of the property along Dimrock.
If this is rezoned it just sets precedence for the rest of
the property to be rezoned and he would be leaving Schertz.
There being no further people wishing to make comments,
Mayor Sawyer called on Council members.
Mr. Potempa said he was just up there and found the roads
are not wide enough for the increased traffic and he could
sympathize with the people. With 179 people saying not, he
felt Council should listen.
Mr. Baldwin said he could very well remember sitting there
when these people's subdivision was a subject of contention
in the City. Greenfield and Deer Haven residents were at
the meeting and were real concerned about R-2 lots. They
said all it would be is a proliferation of small homes,
abandoned vehicles, lots of kids - everything that was said
at this meeting. He said the Council took all that with a
grain of salt and then built the subdivision. R-2 or not,
these would be expensive homes, quality people living there
and would not be near the problems the citizens felt there
would be. He said he did realize there was a little
difference between R-2 homes and apartments. He said he
just wanted these people to know that their neighbors were
not too thrilled about their subdivision and it turned out
to be a real good subdivision. The Council is proud of the
subdivision and all the people and proud to have them at
this meeting. That is just the nature of change in the
community. Every city has these same problems. He said
last week Council talked about raising taxes and there were
about six people present and tonight they are talking about
apartments and there are over 100 people present. He added
that quality of life is important to this Council.
Mrs. Stanhope said she could only repeat what Mr. Baldwin
said. Over the twenty years she has lived here, every time
we have something new, the same things are said over and
over. She said she just wished more of the people would
attend every meeting. She would feel more comfortable if
she knew people cared about other issues as well as this
issue because they all affect their quality of life.
Mrs. Marsh said she would also agree with everything Mr.
Baldwin and Mrs. Stanhope has said. There is one thing
that must be remembered - there will be growth. A city that
does not grow dies. A city that does not grow gets
swallowed up by everything around it. She said she was not
pleased with the way this whole thing was handled because
what would be important to her would be what kind of
apartment would be built. She said she would love to see
that land developed but in a democracy, when the people
speak - the people speak.
Mr. Greenwald said someone mentioned the Change in taxes;
however, the change in zoning has nothing to do with a
change in taxes, they remain the same regardless of the
zoning. Drainage, road problems, upgrading of Maske Road -
that all becomes a part of the platting process and has
nothing to do with zoning. He said he had a large apartment
complex less than fifty feet from his house and he has seen
no increase in crime. He said, like Mr. Baldwin has said,
we hear these same things over and over.
Several citizens again expressed their opposition to the R-4
zoning. Karen Williams indicated this was the first meeting
she had attended and said she was proud to be in a community
where the people care this much.
Mayor Sawyer said the Council is very happy the people
showing their concern and the Council normally hears
the people say. They are charged with looking out for
welfare of the citizens.
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There being no further comments, Mayor Sawyer closed the
public hearing at 8:00 p.m.
#3 ORDNANCE: Mayor Sawyer 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 EIGHT
ACRES OF LAND OUT OF GUADALUPE COUNTY AND
REFLECTING SUCH CHANGES ON CERTAIN ZONING
MAPS IN ACCORDANCE WITH THE SCHERTZ
ZONING ORDINANCE.
Mr. Potempa moved to deny the request to rezone an eight
acre tract of land from R-1 to R-4. Mrs. Marsh seconded
the motion, which carried with the following vote:
AYES: Councilmembers Potempa, Baldwin, Stanhope, Marsh and
Greenwald.
NAYS: None
Mayor Sawyer advised Dr. Peek that his request had been
denied.
#4 PUBLIC HEARING: The purpose of the hearing is to
receive citizen comments on an amendment to the Zoning
Ordinance clarifying the definition of side yard setbacks.
Mr. Sweatt recalled from earlier discussions, a request was
made to clarify the definition of the side yard setback
was it from the footprint, eaves, overhang or just where.
Planning & Zoning held a public hearing and after review has
recommended to the Council the side yard would be from the
wall of the building. They have recommended approval of the
ordinance clarifying this definition.
As there were no citizens wishing to
comments from Council, Mayor Sawyer
hearing at 8:04 p.m.
comment nor any
closed this public
#5 ORDINANCE: Mayor Sawyer 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, APPENDIX B,
DEFINITIONS; AND PROVIDING A REPEALING
CLAUSE.
--
Mrs. Marsh moved to approve the first reading of this
ordinance. Mr. Baldwin seconded the motion, which carried
with the following vote:
AYES: Councilmembers Potempa, Baldwin, Stanhope, Marsh and
Greenwald.
NAYS: None
#6 PUBLIC HEARING: The purpose of the hearing was to
receive citizen comments on the proposed Technos
Reinvestment Zone.
Mr. Sweatt pointed out the area on the map as being west of
I-35 on the same side of FM 3009 as Southwest Precast,
across from the entrance to Tri County Business Park. This
tract of land has been purchased by an industry known as
Technos Corporation for the purpose of constructing an
industrial manufacturing process. The Economic Development
Task Force has reviewed this and recommend the City Council
hold the public hearing and they recommend in favor of the
creation of a reinvestment zone.
Mr. Roger Garrett - 2701 Hillview Lane - asked what this
company would be manufacturing.
Mr. Marquez advised they manufacture huge fans for
industrial users. It is a clean industry.
Mr. Sweatt advised that the owners have testified they are
primarily an environmental business because of the types of
large fans they manufacture.
Mr. Harris of 928 Dimrock asked if the Technos Corporation
was going to be given a tax abatement because he believed
they should only be given an abatement while under
construction.
Mr. McDonald said we are not giving a tax abatement so that
they do not have to pay taxes but to induce them to come
into our community. He will be paying $1000 tax now and
when he gets the improvements in, he will be paying $10,000
tax and we are going to give him back maybe $500 to $1000 of
that $10,000. If he does not make the improvements then he
will not get anything back.
Barbara McClurkin of 2813 Cedar Lane asked how many people
will be employed and what type employees will they be.
Mr. Marquez said about 25 to 30 people and a payroll of
about $450,000 a year. They will be hi tech welders,
engineers, etc.
There being no further questions, Mayor Sawyer closed the
public hearing at 8:10 p.m.
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#7 ORDINANCE: Mayor Sawyer introduced an ordinance
and read the caption as follows:
AN ORDINANCE
BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS, ESTABLISHING THE TECHNOS
REINVESTMENT ZONE.
Mr. Baldwin moved to approve the first readinq of an
ordinance establishing the Technos Reinvestment Zone. Mr.
Greenwald seconded the motion, which carried as follows:
AYES: Councilmembers Potempa, Baldwin, Stanhope, Marsh and
Greenwald.
NAYS: None
#8 ORDINANCE: Mayor Sawyer 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 MR. PHILLIP NEAL, A PROPERTY OWNER
IN THE CITY OF SCHERTZ.
Mr. Sweatt said the tax abatement as proposed is a result
of a hearing before the Task Force. We have discussed this
on several occasions. The property currently has an
approximate value of $65,850. The purpose of the request is
for growth and capital improvements to the property of
approximately $350,000. As pointed out, there is an
expected payroll of $450,000 and a small sales tax revenue
of $2500 based on the size of the investment.
Mr. Potempa moved to approve the first reading of an
ordinance approvinq a Tax Abatement Agreement for Technos
Corporation. Mrs. Stanhope seconded the motion, which
carried with the following vote:
AYES: Councilmembers Potempa, Baldwin, Stanhope, Marsh and
Greenwald.
NAYS: None
#9 BID AWARD: Consider and take action on awardinq
bids on the 1987 Street Bond Projects.
Mr. Sweatt said there were three projects advertised for
bids. Bids were solicited on September 23rd and six bids
were received for improvements on Schertz Parkway from
Curtiss to railroad track, Oak Street from the vicinity of
the park and a portion of Main Street from Schertz Parkway
to First Street. Of the six bids received, the low bid from
Clark Construction Company in the amount of $146,569.15 is
recommended. The Company has extensive experience of all
phases of construction. Our Engineering Department has
reviewed their contracts and previous experience and
recommend they be awarded the contract. This does exceed
our estimate by approximately $20,000. Funding for this
project is from the remaining portion of the 1987 bond voted
for this type improvements.
Mrs. Marsh
Projects to
$146,569.15.
carried with
moved to award the bid for the 1987 Street Bond
Clark Construction Company in the amount of
Mr. Greenwald seconded the motion, which
the following vote:
AYES: Councilmembers Potempa, Baldwin, Stanhope, Marsh and
Greenwald.
NAYS: None
#10 CITY
parade will be
been requested
stand.
MANAGER'S REPORT: A. The Veterans Day
on November 6th in Universal City. We have
to RSVP your attendance on the revieWing
B. We are pleased to announce that we have been notified by
the Government Finance Officers Association that the 1992
audit has been recognized and we have received the
Certificate for Excellence in Financial Reporting.
C. Copies of the budget have now been printed and
will distribute the copies to the departments tomorrow.
#11 ITEMS BY COUNCIL: Mrs. StanhoDe said she
attended a very interesting meeting in Sequin on the High
Speed Train Meeting. She said she had asked Mr. Sweatt to
make Council members copies of the pamphlet and map she
received there. She felt Council needs to stay on top of
this. There are a lot of concerned people over the State of
Texas.
Mr. Baldwin asked what was the purpose of the two mile
requirement.
Mrs. Stanhope said although it is not any agency mandated,
they came up with a two mile wide corridor, with the tracks
in the middle. However, they tried to convince them they
would only need two hundred feet. Mr. Sweatt added that
the two mile wide corridor is the area in which they will
conduct their environmental impact study.
Mrs. Marsh: A. Reported on the Economic Development Task
Force meeting held last week, saying it was a very good
meeting. They discussed after-action on the Business
Appreciation Dinner, which was very successful. They are
also working on the reorganization of the Task Force, which
will include a new name and mission.
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B. The VFW major fund raiser for the year, which is the
Country Music Showcase, is October 10th at 3:00 p.m. at the
VFW.
Mr. Greenwald: A. The Buffalo Valley Youth Association
are doing very well with their fall program. They are doing
better than antiCipated.
B. Cibolo Valley Alcohol and Drug Abuse, contrary to what
was heard previously, has not folded. They have reverted
back to volunteer organization.
#12 ITEMS BY MAYOR: He said this is the type of crowd we
always wish would show up at the Council meetings and he was
sure over half would never appear at another meeting. He
advised that we removed our legal advertising from the
Herald because we will not do anything illegal. He gave the
Council meeting dates and invited everyone to read the
Schertz Newsletter and/or call the Mayor, Councilmembers or
City Manager for information. All Councilmembers telephone
numbers are listed in the directory and they all enjoy
getting phone calls.
Mr. Sweatt said we do have one other means of communication
the Voice Mail. The City Hall phone number is 658-7477.
After 5:00 p.m. it is put on a Voice Mail system where you
can ask questions about City services. It also has a
community bulletin board and various governmental
activities.
#13 ADJOURNMENT:
adjourned at 8:55 p.m.
motion, which carried with
Mr. Potempa moved the meeting be
with Mr. Baldwin seconding the
a unanimous vote.
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