ccspecwksp 12-30-1998
SPECIAL WORKSHOP SESSION OF THE SCHERTZ CITY COUNCIL
DECEMBER 30,1998
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The Schertz City Council convened in Special Workshop Session on
Wednesday, December 3D, 1998 at 7:00 p.m. in the Municipal Complex Council
Chambers, 1400 Schertz Parkway, Schertz, Texas. The following members
were present: Mayor Hal Baldwin, presiding; Councilmembers Pia Jarman; Joe
Potempa; Norman W. Agee, Sr.; Timothy Swinney and Ken Greenwald. Staff
present were City Manager Kerry Sweatt and City Secretary Norma Althouse.
Mr. Greenwald's brother, Jim, was visiting from out of town and was introduced
to everyone. Mayor Baldwin welcomed him to the meeting.
#1 HEARING OF RESIDENTS
No one had signed up to speak.
#2 PUBLIC HEARING: To discuss a disaster recovery initiative application
for a grant from Texas Community Development Program for mitigation of 1997
flood damage and other disaster related matters.
Mayor Baldwin explained the procedures to be followed for the public hearing.
Mr. Sweatt then explained that the caption pretty much describes this item. The .
Palms Apartments received over 50% damage in the 1997 flood and they either
need to be raised to meet the minimum standards or be eliminated. Some grant
funds have been set aside and they just want Council to be aware of this prior to
the City being authorized to making the application for a grant for disaster
recovery initiative funds.
Mr. Agee clarified that if the City doesn't get the grant, they will have to pay for
this themselves, and the amount of the grant is $115,000. Mr. Sweatt stated
that's correct.
Mayor Baldwin asked if any citizen could be included under these disaster
recovery initiative funds and Steve Simonson replied he understands they could
and that's why the wording is the way it is and why they were told they had to
publish it in this form.
A lady in the audience (name not given) who lives at the corner of Marilyn and
Oak Streets questioned if this is for the flood this year and Mayor Baldwin
answered it's for the 1997 flood and it is FEMA who sets the standards.
There being no further questions or comments, Mayor Baldwin closed the public
hearing at this time.
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#3 RESOLUTION: Consider and take action on Resolution authorizing
submission of a Texas Community Development Grant Program application for
disaster recovery initiative funds.
Mayor Baldwin introduced a Resolution and read the caption as follows:
RESOLUTION NO. 98-R-13
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SCHERTZ
AUTHORIZING THE SUBMISSION OF A TEXAS COMMUNITY
DEVELOPMENT PROGRAM APPLICATION TO THE TEXAS DEPARTMENT
OF HOUSING AND COMMUNITY AFFAIRS FOR DISASTER RECOVERY
INITIATIVE FUNDS; AND AUTHORIZING THE CITY MANAGER TO ACT AS
THE CITY'S EXECUTIVE OFFICER AND AUTHORIZED REPRESENTATIVE
IN ALL MATTERS PERTAINING TO THE CITY'S PARTICIPATION IN THE
COMMUNITY DEVELOPMENT PROGRAM.
Mr. Swinney moved to approve the Resolution authorizing submission of a Texas
Community Development Grant Program application for disaster recovery
initiative funds. Mr. Greenwald seconded the motion, which carried with the
fOllowing votes:
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AYES: Councilmembers Jarman, Potempa, Agee, Swinney and Greenwald.
NAYS: None.
#4 Consider and take action authorizing City Manager to move forward
with the necessary action to acquire the Palms Apartments as a part of the
1997 Flood Hazard Mitigation Grant Program.
Mr. Sweatt reminded Council they have discussed this project for some time and
have now received a FEMA grant in the amount of $345,000. They anticipate
approval of the $115,000 grant, which combined with the FEMA grant will total
$460,000 and will fund the purchase and estimated demolition expenses. They
anticipate the City cost for the project to be approximately $68,000 for
infrastructure removal, legal and other expenses related to parking
improvements. They feel this project will remove a hazardous situation in the
100-year floodplain and be of assistance in resolving some of the FM 78 parking
issues.
Mr. Greenwald moved to authorize the City Manager to move forward with the
necessary action to acquire the Palms Apartments as a part of the 1997 Flood
Hazard Mitigation Grant Program. Mr. Swinney seconded the motion, which
carried with the following votes:
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AYES: Councilmembers Jarman, Potempa, Agee, Swinney and Greenwald.
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NAYS: None.
#5 Discuss final reading of Ordinance rezoning 26.9 acres from R-2 to
R-6 and 23.1 acres from GB to R-6 (Continental Homes).
Mr. Sweatt advised Council they had held a public hearing on this rezoning
request and the ordinance to rezone was approved on first reading. Planning
and Zoning has now approved the Master Plan. Council discussion at a previous
meeting stipulated a second exit for the proposed subdivision which will be on
the west side of Schertz Parkway.
Mayor Baldwin asked if Council could be assured nothing would be done until the
second exit is planned. Mr. Greenwald commented it still has to go through the
platting process.
Mayor Baldwin then verified this is only a rezoning request and Mr. Sweatt
answered that's correct. The Mayor then remarked he thought the engineer
seemed surprised by the Council's request for a second exit. Mr. Sweatt
indicated Planning and Zoning didn't approve a second exit with the second
entrance when they approved the Master Plan. Mr. Swinney mentioned the other
option is to remove the R-6 zoning designation. Mr. Sweatt said the City would .
still be concerned even if the R-6 zoning designation were removed.
Mr. Simonson related that both Berry Creek and Woodland Oaks Village have
one entrance and breakaway gates and the first unit of Carolina Crossing has
only one entrance. Mayor Baldwin asked how they are getting away with that
and Mr. Greenwald answered they were built before the rules were in place.
Mr. Sweatt suggested, if the final ordinance is approved, writing a letter saying
approval of the zoning stipulates that a second emergency exit must be
developed as part of this subdivision. Council agreed to this and also agreed
they were ready for this item to be included on next Tuesday night's agenda.
#6 Discuss public hearing on a request by Paul Drega, 3616 Meade St.,
for a Specific Use Permit allowing him to rent out a room in his house.
Mr. Sweatt reminded Council they have information in their packets about this
request. The public hearing is set for January 5, 1999. Thirty-four (34) letters
were sent to property owners within the required distance and so far four (4)
have been returned opposed and one (1) returned in favor.
They have received letters from the City Attorney and from the Carolina Crossing
Homeowners Association. They have never dealt with a situation like this before.
It came about as the result of an advertisement in the newspaper by Mr. Dregs.
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After receiving a letter from the Homeowners Association, he asked Michael
Spain to provide a recap of legal issues regarding homeowners associations.
The City does not wish to be diametrically opposed to the Homeowners
Association.
There was some discussion about the word "tenant" in Article I of the Declaration
of Use Restrictions for Carolina Crossing Subdivision Unit 2 and whether a
tenant could be a renter. Mr. Potempa brought up the situation of a military
family being transferred and renting out their house until such time as they return.
Mrs. Jarman noted that Planning and Zoning recommends approval for a six-
month period of time. Mr. Potempa wondered why Mr. Drega wasn't present at
the workshop this evening to present his case.
Mr. Swinney asked if there's precedent for this sort of thing and stated he is not
in favor of this request. He would like to have a definition of the single-family
residential designation. Mayor Baldwin was certain there are a lot of rooms
rented out in the older sections of Schertz and as far as he knows, there are no
rules against it. The Mayor felt because there are no rules, Councilmembers
would only be voting their consciences.
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Mr. Potempa pointed out Council needs to look at the responses from the
citizens because they are the ones who put the Councilmembers in office. Mrs.
Jarman commented a proviso is needed as to approval of this by the
Homeowners Association. She agrees with the lawyer that we need to put it
back in the Homeowners Association's lap. Homeowners associations are under
a lot of scrutiny because some of them have over-extended their authority and in
her opinion, that's Communism not Democracy.
After more discussion, Mayor Baldwin suggested they go ahead with the public
hearing next week, they listen to the public and they listen to Mr. Drega, and then
make their decision accordingly. The Mayor then stated they need to ask the
City Attorney to provide them with a clear-cut definition of "tenant" and of "single-
family residential." Council agreed.
#7 REAPPOINTMENT: Consider and take action on reappointment of
Schertz Parkway Zone Board members.
Mr. Sweatt explained that two City of Schertz appointments to the Schertz
Parkway Zone Board will expire December 31, 1998. The two members whose
terms will expire are Gerald Bethke and Bill Keen. Mr. Bethke is the Chairman
and serves a one-year term. If reappointed, his new term would expire on
December 31, 1999. Mr. Keen's term is for a periOd of two years. If reappointed,
his term would expire on December 31, 2000.
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Mr. Potempa moved to reappoint Gerald Bethke for a one-year term to the .
Schertz Parkway Zone Board and to reappoint Bill Keen for a two-year term to
the Schertz Parkway Zone Board. Mr. Swinney seconded the motion, which
carried with the following votes:
AYES: Councilmembers Jarman, Potempa, Agee, Swinney and Greenwald.
NAYS: None.
#8 Discuss appointment of member to Audit Committee.
Mayor Baldwin informed Council Mr. Potempa has asked to be appointed to the
Audit Committee and is available during the day. Mr. Sweatt explained Council
would act on this at the regular meeting next week. Council indicated their
readiness for this item to be included on next Tuesday night's agenda.
#9 CITY MANAGER'S REPORT
· Announced the first meeting of the Schertz/Seguin Local Government
Corporation will be held January 7th at 1 :30 p.m. in Seguin and everyone is
invited to attend.
· Wished everyone a Happy New Year and said City Hall will be open all day
tomorrow (Thursday), but will be closed Friday for the holiday. There will be
no garbage service on Friday.
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· Mentioned a letter will go out to all the recycling customers regarding a once-
a-week pick-up of recycling materials versus the current schedule.
Representatives from Waste Management will be at the meeting next week.
They are thinking about asking for a 12-month extension to their Franchise
Agreement.
#10 ITEMS BY COUNCIL
Mr. Greenwald:
· Referred to the E-Mail article in the Information/Activity Report regarding
Homeowners Associations and expressed concern about maintaining streets.
· Wished everyone a Happy New Year.
· Commented he hoped everyone could attend the meeting in Seguin on
January 7th.
(None of the other Council members had anything to say except to also wish
everyone a Happy New Year.) .
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. #11 ITEMS BY MAYOR
Wished everyone a Happy New Year.
#12 ADJOURNMENT
There being no further business to discuss, Mayor Baldwin adjourned the
meeting at 8:16 p.m.
ATTEST:
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~~<UL/
City Secretary, City of Schertz
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