ccreg 01-05-1999
REGULAR SESSION OF THE SCHERTZ CITY COUNCIL
JANUARY 5, 1999
. '" "',
.,' .'
'"
The Schertz City Council convened in Regular Sas'sion on Tuesday, January 5,
1999 at 7:00 p.m. in the Municipal Complex Council Chambers, 1400 Schertz
Parkway; Schertz, Texas. ThefoUowing members were "present: Mayor Hal
Baldwin, presiding; Councilm~mbers, 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. ' , '
Mayor Baldwin asked everyone to rise and join him in the Pledge of Allegiance to
the Flag.
#1 HEARING OF RESIDENTS: Those citizens wishing to speak on agenda
items (other than public hearing items) or items not on the agenda, will be heard
at this time. ' ,
John Kelly of 3625 Marietta Lane spoke regarding the speed limit signs along
Schertz Parkway, specifically the odd-numbered speed limits like 26 mph. He
feels they are ridiculous. Mr. Sweat explained those are just warning signs and
that only the black and white signs are official. Mr. Kelly then mentioned that the
black and white signs on Schertz Parkway say 30 mph on one side of the road
35 mph on the other side. Mr. Sweatt promised to check it out.
":':"":':;:':~:\0<:;l(<:~i~i;ff.2'i':::;:'OtmfNANCI:':'::::i~C'dhg:fder (~Wijct$~ke .':acti6h"1>hi::fiff~Ff~~CIlfl~:::6f:':()fdlriahce"
rezoning 26.9 acres from Single-Family Residential'Dwelling Distdct (R-1) to
Gated Community (R-6) and 23.1 acres from General Business (GB) to Gated
Community (R-6). (Continental Homes)
Mayor Baldwin introduced an Ordinance and read the caption as follows:
OB.DIN~NCE NO. 9,9-5-1
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING
THE UNIFIED DEVELOPMENT CODE (UDC) ORDINANCE NO. 96-5-28 BY
REZONING 50 ACRES OF LAND OUT OF 'GUADALUPE COUNTY AND
REFLECTING SUCH CHANGES ON CERTAIN ZONING MAPS IN
ACCORDANCE WITH THE SCHERTZ UDC ORDINANCE.
Mr. Greenwald moved to approve the final reading of an Ordinance rezoning 26.9
acres from R-2 to R-6 and 23.1 acres from GB to R-6. Mr. Swinney seconded
the motion, which carried with the following votes:
-59-
.
.
: ';.; :.:'~i~~~$t$~)~S~~~ (: ~~~~~~l~~;~~r:::
.
l:J
~
C
CD
~
C)
l:J
C
CO
>.
0>
c
c
.~
(/)
CD
CD
0)
<(
CO
0.
E
CD
15
a..
c
co
E
!...
co
..
00
!...
0>
.0
E
0>
E
'0
C
:l
o
()
(/)
w
~
.
aj
c
o
Z
(/)
~
Z
:l E
CO 0
a..e
E CO
O+-'
!... :l
-0
+-'
OO+-'
CD C
:l ~
0'0
~+-'
CO E
c:C
00)
2'~
c 0
0>-
E CO
E:!:
g E
!...
C 0>
0> a..
.~ 0>
:!:oo
u::::>
0> u
>1+=
'CD '0
U CD
~o.
00
o CO
I-!...
..0$2
C) -
z-'
-00
D:::o>
<tl:J
WCO
xO>
0:2:
-CDaj
.JT"'OO
COCD:l
:J('t)O
a.. - .c
CO 00
0>.-
o>.c
M'-_
:u:Clo
'l:J 0>- I l:J CO 0
O>c c 0 >'c O>+-'
C In .- tin,,,
'C W '- l:J .- w "" 0)
In COo.c '-c
W 0) CD .- I- 0> Cl .-
CDc.cli; u c
.c .- 0. c.' 0>
cu .co->
u c:= 0>+-':2: CD
:= co.o CO O>.~
.o-:l,-cl:J 00
:l a.. 0. 0 CO -0 '-
0. co~'fil:Jo>-E
CDCD,-1;) ~ooO>
.c -E 0 0> 0>.- 0 '-
+-' _:lC:lo.CD
'- E c O"c g g..c
o$2oo~o,- 00
'- +:: N 0> -.-
l:J - CO _00 CO .c t::. 0>
~ = l:J CO +-' :c
;>ucO>O>cc
o c CD 0> ~ '_ 0>
=:lEs;;.-.c>d>
OOECll:J:S:CDc
~ () 0 . CD :> 00 .-
CD '-+-' 00
.0 0 Uoo:::: CO OOl:J 00
+-,CD"::::O>'-CO
o '-o>,bO>CO'-
+-'CD.c>O>~'-()
ooE:s:ecooco
0> CO :> 0.'- > C
'- U +-' 0. CD >. CO '-
:l '- .0 t '+-'- (5
l:J+-'l:J CO 00 o>c'-
0> ~ 0> 0 .- 0.'- CO
U:ll:J+-':::o_()
o '-c '-T'"
'- 0' ~ 0.__
0. 0> 0 00' 0
'-'- CD
0> om-E.9c>.
.c .~ - l:J c+-'O :!:
+-'.c>.coc c
l:J+-'CDCDEo>l:l
CD l:J .c E 00 l:J E
.5 CD I- E'~ 0> 0> E c
co15 'goo'-cgo
o.cC cg>S +::
x oo>co:S:+-, CO
CD c' en '-.c 00 0> l:J +-'
0>00 +-' ,-o>c
C .- CO '- B m 0>
.~ -E E .c 0> +:: ~ 0> ~
:Q:t:::E:s:g>o~o>'-
cocoo:>oc;>.co.
co g> () 0 - --+-'.~
:S: ooo"'f'COc.c
'- 00 0> In C ('t) -.-
o Cw -+-' 0>
>. .- 0> '- .c 00 ~
co~Cl:JE:lO>O>co
00:::: 00:::: 0 C 0'- > E
..::::..::::Nco+::\f"oO>:::
. +-' 0
E:lc
0>.0 ~
+:: _c
0> E.2
ffi 0>.5
.00.
0000
~aoo
c .-
coco.c
c c
1+= 00'-
l:Jco-g
ffi ~ CO
l:J:lC
CD 0.2
>..c m
000,3
0.'-.-
E .c 00
CDc~
c.- CO
:l E a
0>00.
E e E
8co~
0> co
.0_
>. 0 .~ -0
+:;+-'+-'o
C:l-O
B 0 .-E
0>0>~0
'-coo.o
l:J+:iOO.c
co c.-.Q>
.c 0> 0> 0>
CD '-.5 c
.c .cO> 5 ~
l:J+-'N+-'
~o>co.9
'S; 0> 00 0>
l:J 00'- E
~~~g
O>OO+-'=
0> 0> C'O;;
'-O~:>
Cll:JCOE
'0>0.,-
~:c g.~
0> l:J 0>....: 0> co
C c .c .- .c
. - In +-' co +-' 00
00 \U > '_
~~-g~~c
'- 0 co 0. .2
()+::~=O>m
U co l:J .-
.- .c .- U
co,bo>oo.oo
c 00 .c co 00
:=CDU 00
e'-OO~:Q<(
COCD-U:loo
().c 0._ 0 '-
=0 ~~ ~ O>~
0> .- 0>
.c >.() '- CD 0
+-' 0. 0> +-' .c 0>
'5g-E~.!QE
co'5Em~
+-'00 00 o>\f"o
ffiCOc.c+-'o>
l:J .c .2 I- .o:l .~
.- - +-' 00
00'- U' 00
~gE~ce
a.. o:l 0>00 .2 .2 ()
I . +-' +-'
B () I-.~ ~ co en
.- +-' 0> U +-' C '-
> co .c 0 .- := :!:
.c+-'OOOOo
+-'cOOoo'-:Q
>; l:J CD <( -co (3 0
CD CD Q) 00 0> -;;;
~m~'-o>O>co
coCDCD~O-E~
CO '- .o:S: ~ l:J
c-1:5O~l:JC
1"-0:=CD:2:CDCO
T'" .- - E '-
CD m c .- c
('t)'o g ~ ~ g. 2
~ ~ co 0> :>.~ .~
5~~-E~m~
~ 00 0 '5 .~ 5/) 00
'-.c .c.....co
0> 00 00 m .
CD ~ _ c o.~ ~
Cl 0 ><.2 E .9
0> 0> 1:5 >. co
c (3'C 00 en l:J
.c E .- +-' 0> C
oOtOOo>-co
..:c<(~:c2E
.
O>coo~+-'>.
c +-'0>0>:!:
.- C 0>.0 00 ()
00 .- l:J
00 cE-o>
00>0 :l
'->0>0>0-E
():=EEu_
o 0 O>:!: 0
CO+-'OOc +-'
C .- 0> 00
.- l:J ~ >. 00 0>
(5~OCO:las
'- c- o.co+-,
CO -'UC
() tt:l co 0> 0>'-
$:l~.o1;)
0> l:Jc g, CO 1;) ~
.c CD
+-'coc15:lO>
_ 00 0> c g-E
ococEC/)s;;.c
X S .- 00'-
'- 0> ,-._ 00
0> I- . 0> .c .-
'- l:J+-,+-'+-,
:l 0 0> c .-
00 +-' > Q) Co (J)
co - s;;. -
o>l:JO cO>
'-O>><(o~
I- > c ._
0'- 00 0>
E >.....: '0 :c
:- weo>
Ci50>~+-'l:J>.
.c CO c +-'
00 0 00.-
U - C
0>l:J0> :!::l
.o~-ECD-EE
E CO _ 00 '0;; E
co1;)oo:>
C!) ~O>:l"5g
coooQ;O>
~2:l>''-oaj
CD'~ ~ o>C ~ ~ ~
"",UO> o>:S:oo
'" 0 .0 .c '-
00 +-'.00>0>
L..""oo~-o-E.c
0> <( .- E +-' '- +-'
+-' cooooc
woo:lOl:J.....o
+-''-E'-CD+-'
OOO>ElnO>c"o
O>~ weO>c
CO$g+-' l:J=
000 :l= CD 0>
CDl:JOgU+-,
1:EO>+-':l~~
coomcoo.
():c O>~() co.9
i::>>
c
'C
CO
0>
.c
.~
.0
:l
0.
CD
.c
+-'
+-'
co
~
o
0.
00
00
C
0>
N
+::
'0
0>
C
.~
o
0$2
0>
.c
I-
-'
00
>.
-' ~
00 co
-'~o>co
00 0> c('t)
>. ~ CO T'"
-co...J(O
C ~ CO .~ ('t)
.~ CO co.: I
l:JCOoe:!c
'C CD a.. .-
CDI"-('t) .c
:2:<<iICO()
"",,-NCO
LO '" 0> LO .-
NI+-I('t)~
LOOWI>'
('t)_+-, 00
I 0>~5l:J
c15co"55
OCO(/).c w
00 'cou>,
0> <( '- 00 5
zo>~c.c
mOOco.c'E
a..~I-~<(
I
o
1.0
I
.
Brenda and Jesse Moreno - 3616 Blakely St.
Jerome Williams - 3609 Blakely St.
Lynn Bauer - 3640 Gamble
Mark Clancy - 3612 Meade
Robert Creasy - 3605 Gamble
John Kelly - 3625 Marietta
.
Their comments consisted of the following statements:
They all sympathized with Mr. Drega's situation. However, they moved into
Carolina Crossing because it is gated and safe. They also like a tight-knit
neighborhood where they know the neighbors. A renter has no vested interest
because he/she pays no fees. They are not comfortable with giving the gate
code to a renter because the renter might not be there next week. Renting out
rooms in the house could turn it into a mini-hotel. If they allow someone to rent
out rooms now, there could be other businesses later - you can't stop it once you
let the genie out of the bottle. The investment of the homeowners needs to be
considered because once security is compromised, there is no trust left.
Mark Clancy indicated he was the one who brought it to the attention of the
Homeowners Associaiton after he saw the ad in the newspaper. He also stated
he appreciates the City's quick response. Mr. Swinney asked him when he first
noticed renters in Mr. Drega's house and Mr. Clancy replied shortly after the
flood. There were different vehicles there at different times and one person he
spoke to told him he just rented there.
.
Mayor Baldwin inquired if anyone was present from the Board and Lynn Bloom
answered she represents Asset Property Management and manages Carolina
Crossing. They were asked to hold on and see what City Council does about this
request. The Board has not taken a stance. Mr. Drega has not received an
additional gate code, he has released his own. Mayor Baldwin then expressed
his surprise that there isn't something in the Homeowners Association restrictions
that says you can't rent out a room. Ms. Bloom explained it would take a 2/3 vote
of all the homeowners to pass an amendment to their restrictions.
There was a brief discussion about exactly what is a tenant and City Attorney,
Michc;iel Spain, related that at the request of Mr. Sweatt he had reviewed the by-
laws of the Carolina Crossing Homeowners Association, but unfortunately found
them confusing. In his opinion, Council should assume a court would conclude
that the homes in Carolina Crossing can be used only for single-family
residences. His suggestion is that Council not approve the request from Mr.
Drega. If they are thinking of approval, then it should be subject to approval by
the Homeowners Association.
Mr. Drega asked if a single-family classification takes precedence over any
Homeowners Association restrictions. Mayor Baldwin replied the City doesn't
.
-61-
.
have an ordinance prohibiting the renting of a room, but the Carolina Crossing
Homeowners Associations has deed restrictions which means there could be
ramifications. The perfect solution is to let the Homeowners Association deal
with it. Mayor Baldwin advised that the request for a Specific Use Permit can be
dealt with by Council, but the City doesn't enforce deed restrictions.
Mr. De Leon, Vice-President of the Carolina Crossing Homeowners Association,
emphasized they have their rules and the City has theirs. Both entities are part
of the same community. The Homeowners Association can handle their own, so
he is suggesting Council deny the request.
Mayor Baldwin pointed out that if Council denies this request tonight, then the
issue is dead. He then asked Mr. Spain if he is saying Council has the legal
authority to turn down this request. Mr. Spain replied yes, but the question of
enforcement is a different matter.
Mr. Nelson mentioned that if it's disapproved, that doesn't prevent the possibility
of making another request. His suggestion is to table the request and let the
Homeowners Association handle it.
There being no further comments or questions, Mayor Baldwin closed the public
hearing.
. #4 Consider and take action on above request for a Specific Use Permit.
Mayor Baldwin reminded Council they either need to continue discussion on the
matter or make a motion. Mr. Agee commented, in his opinion, they should go
with the advice of the City Attorney and disapprove the request. The decision
should have gone to the Homeowners Association first.
Mrs. Jarman remarked they cannot enforce an ordinance that is not on the books
of the City of Schertz. Her suggestion is to table it until we have either a written
consent or protest by the Homeowners Association - they can settle the problem.
Mr. Greenwald questioned tabling it and pointed out they can approve it
contingent on the Homeowners Association's decision.
Mr. Potempa felt it is not a City issue. It should be in the hands of the
Homeowners Association. Mr. Drega signed a letter to abide by the
Association's rules.
Mr. Swinney felt Council should not be in opposition to the Homeowners
Association, but should be partners with them in this decision. He asked Mr.
Drega if he would consider withdrawing his request and running it by the
Homeowners Association. Mr. Drega observed that apparently most people are
opposed to his request. He does not wish to cause a problem and therefore, he
. will withdraw his request for ,a Specific Use Permit
-62-
Mr. Swinney moved to accept Mr. Drega's withdraw and remove his request for a
Specific Use Permit from the agenda. Mr. Potempa seconded the motion.
Mayor Baldwin checked with Mr. Spain to make sure this was legal and upon
being told it was, asked for a vote. The motion carried with the following votes:
.
AYES: Councilmembers Jarman, Potempa, Agee, Swinney and Greenwald.
NAYS: None.
Mayor Baldwin suggested to Lynn Bloom that the Homeowners Association get
its covenants resolved in order to avoid another situation like this.
Mr. Swinney thanked everyone for coming. This is democracy in action - talking
to each other.
#5 APPOINTMENT: Consider and take action appointing a member to the
Audit Committee.
Mr. Sweatt advised it has been the practice in the past to appoint the Mayor and
one other Councilmember to the Audit Committee. The last Councilmember
appointed was Charles McDonald and since he is no longer on Council, there is
a vacancy. Mayor Baldwin said Mr. Potempa had asked to serve on the .
Committee.
Mr. Greenwald moved to appoint Joe Potempa as a member of the Audit
Committee. Mr. Swinney seconded the motion, which carried with the following
votes:
AYES: Councilmembers Jarman, Agee, Swinney and Greenwald.
NAYS: None
ABSTENTIONS: Councilmember Potempa.
#6 CITY MANAGER'S REPORT
· Announced there is a meeting of the Schertz/Seguin Local Government
Corporation this Thursday at 1 :30 p.m. in Seguin. Let either him or Mr.
Greenwald know if you wish to attend. This is a very important milestone in
our community.
.
-63-
.
#7 ITEMS BY COUNCIL
Mrs. Jarman:
. Reported this is the year of the rabbit, so technically it should be a calm year.
We should work hard, quietly and quickly. The year also favors women and
women's interests. It's the kind of year when we should get lots of things
done.
Mr. Aaee:
. Stated his trash is still on the sidewalk and not picked up yet at 6:45 p.m. Mr.
Swinney added that's true in Greenshire also. Mr. Greenwald mentioned they
haven't seen the recycoing schedule yet and Mr. Sweatt indicated there was
a problem with the labels, but he thinks it's solved. Mr. Potempa asked if
Waste Management is having trouble with non-compliance to the contract and
Mr. Sweatt replied they are not.
#8 ITEMS BY MAYOR
.
. Read a letter from Norman Slocum and asked that Council be given a copy.
Mr. Slocum makes some good suggestions, one of which is to list the top five
things they've accomplished.
#9 ADJOURNMENT
There being no further business, Mayor Baldwin adjourned the meeting at 8:33
p.m.
ATTEST:
~~~~
City Secretary, City of Schertz
.
-64-