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ccspecwksp 12-30-1998 SPECIAL WORKSHOP SESSION OF THE SCHERTZ CITY COUNCIL DECEMBER 30,1998 . 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. . -53- . #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: . 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: . -54- AYES: Councilmembers Jarman, Potempa, Agee, Swinney and Greenwald. . 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. . -55- . 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. . 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. . -56- 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. . · 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.) . . -57- . #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: . ~~<UL/ City Secretary, City of Schertz . -58-