ccjmtg-PZ 10-09-1996
JOINT MEETING OF THE CITY COUNCIL
AND THE PLANNING & ZONING COMMISSION
OCTOBER 9, 1996
The Schertz City Council and the Schertz Planning and
Zoning Commission convened in a Joint Workshop Session on
Wednesday, October 9, 1996 at 7:00 p.m. in the Library
Meeting Room, 60B Schertz Parkway, Schertz, Texas. The
following members from Council were present: Mayor Hal
Baldwin, presiding; Councilmembers Charles McDonald; Earl
Sawyer; Timothy Swinney and Ken Greenwald. Absent:
Councilmember Joe Potempa. The following members from
Planning and Zoning were present: Chairman Ernie Evans;
Vice-Chairman David Richmond; Secretary Merwin Willman;
Commissioners Pia Jarman; Gary Wallace and Tony Moreno.
Absent: Commissioner Keith Van Dine. Staff present were
City Manager Kerry Sweatt; City Secretary Norma Althouse;
Assistant City Manager Steve Simonson; Librarian Gail
Douglas and Police Chief Jerry Smith.
Mayor Baldwin called the meeting to order and welcomed the
members of the Planning and Zoning Commission.
#1 HEARING OF RESIu"."~S: No one
to speak at this time.
had signed
up
#2 Hear report of Edwards
information and upcoming election.
Aquifer
Authority
Mayor Baldwin announced that Doug Miller, a candidate for
the Edwards Aquifer Authority, was supposed to be here but
is running late due to another meeting at 6:30 p.m., so
they will move to Item #3 on the agenda and come back to
Item #2 when Mr. Miller arrives.
#3 Discuss
emergency access
developments.
Mr. Sweatt advised this item was placed on the agenda
prior to the joint item with the Planning and Zoning
Commission so they could all share in the discussion. How
we're going to handle entry/emergency access in gated
communities has been a concern of the Planning Department
as well as a concern of the Council.
first reading
regulations
of
for
ordinance providing
restricted entry
They were asked to check into a similar ordinance passed in
San Antonio several weeks ago. Chief Smith visited with
the people in San Antonio and with the City Attorney's
office and an ordinance was drafted and placed in Council's
packet last week. Since that time some changes have been
made and so the revised draft has been distributed to both
the Council and the Planning and Zoning Commission. The
original draft and the one in San Antonio provide for an
appeal from the decision of the police service regarding
violation of the ordinance. That has been taken out of the
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revised draft so that violation of this ordinance is
treated like any other violation of a City ordinance. San
Antonio has an appeal clause in theirs and an
Administrative Board hearing so the charge won't get bogged
down in the bureaucracy of the municipal court system.
That is not necessary in the City of Schertz.
Chief Smith reviewed the main reasons, as follow, for
drafting the ordinance and covered some of its highlights:
(a) it was created based on the problems of public safety
and response by emergency services to communities which are
gated;
(b) sometimes there is a transition of the people in charge
of the homeowners associations and the code is changed
without notifying anybody;
(c) they are trying to look ahead and formulate a process
whereby the homeowners association representative is
responsible for notifying the Police Department that the
code has been changed;
(d) they included a section allowing the right to use force
to enter regardless of whether they have the code or not;
and,
(e) the Police Department thinks charging an initial $50.00
fee would offset the manhours of setting up a secure system
and then recommends charging a renewable fee of $10.00 for
each year thereafter.
Mr. Sweatt commented
communities now, but it
and set up a system which
we have relatively few gated
is good to get ahead of the game
provides for ample cross checking.
Mr. McDonald stated the Post Office told him they are
going to require a padlock on these gates - one key fits
all. Chief Smith indicated they had discussed universal
padlocks, but his concern was keeping up with the key and
who has it.
Mr. Greenwald, saying the draft looks great, expressed
concern about having overlooked school busses and their
access. Chief Smith mentioned that in many of the gated
communities, the gates are open from 7 a.m. until 7 p.m.
Mr. Simonson pointed out that in the UDC, it requires that
all public utilities and emergency services have access to
the gated subdivision without leaving the vehicle. That
includes school busses.
Mr. Swinney wondered if the gates .could be designed so
that in case of a forced entry, the ones next to the main
gate would sustain only minimum damage. There was a brief
discussion on this with no real answer being offered.
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There was also further discussion on emergency access
codes. Mr. Evans suggested setting emergency access codes
for all emergency access (separate from residential access
codes) and changing the codes once each year. Mr.
Stomackin suggested different color key cards for each
subdivision. Chief Smith spoke in favor of the key pad
system. Mr. Sweatt noted that from the emergency service
viewpoint, this is a good ordinance and he would like to
place it on the next agenda as an action item.
Mayor Baldwin questioned if they may want to delay action
until the Planning and Zoning Commission has had a chance
to review it. Mr. McDonald remarked a first reading could
be on the next agenda and then the ordinance can always be
changed before the final reading.
Council indicated their readiness for this item to be
included on next Tuesday night's agenda.
Noting several members in the audience who came to
but weren't present earlier and hadn't signed up,
Baldwin reverted to Item #1 (Hearing of Residents).
A. Jack Stomackin of 521 Wright Ave. spoke about the
numerous Councilmembers and Mayors who worked very hard for
the City and were not recognized after their death. They
put in many many hours without pay and should have some
sort of recognition for that service. He felt a street or
an area should be named after them. This will show that
the City cares. Mayor Baldwin told Mr. Stomackin he
appreciates his recommendation and said it is certainly
something to discuss.
speak
Mayor
B. George Mower of 501 Brooks commended City Council for
demanding to take another look at the proposed juvenile
probation facility in Seguin before approving anything.
C. Ray Wofford of 1200 Spicewood echoed Mr.
sentiments.
Mower's
Doug Miller having arrived at the meeting, Mayor Baldwin
then moved to Item #2 on the agenda - Hear report of
Edwards Aquifer Authority information and upcoming
election.
Mr. Miller stated he was appointed to the Board by the
Texas Legislature and is currently representing Guadalupe
County. In June of this year, the Edwards Aquifer
Authority took over from the old Edwards Underground Water
District and began to function as a real entity and began
to address the concerns of water for the entire. region.
Due to the drought, a lot of decisions need to
rapid fashion that affect the communities in
Their charge as the Edwards Aquifer Authority
the resource - not only the quantity, but also
be made in a
this area.
is to manage
the qual! ty.
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The Edwards Aquifer Authority has many obligations, one of
which is a Comprehensive Management Plan which addresses
the long-term goals. Most immediate has been a Critical
Period Management Plan which addresses water needs in
periods of drought.
The election is November 5th and this is the
15 members will stand for election at
odd-numbered districts will have a two-year
even-numbered districts will have a four-year
only time
once.
term and
term.
all
All
all
In the 1950's there were probably half a million people
drawing water from the Edwards. Today there are probably a
million, approaching somewhere near a million and a half.
You just can't take the same resource that was serving half
a million people and triple the number of people drawing
from it without taking some kind of positive or proactive
action.
Mr. Miller went on to say he appreciates the Mayor and
Council's involvement and hopes they will continue to
monitor the situation. He hopes they will attend the
meetings and hearings of the EAA and speak up for their
particular community. There is a need to work together to
find a common ground.
Mr. Miller thanked the Mayor and Council and said he
available to answer questions.
is
Mr. Mower mentioned there is another candidate for the
present and asked if it would be out of order for him
speak. Mayor Baldwin answered that Mr. Miller was
here as a candidate, but rather as a representative of
EAA to give a report on the upcoming election. If
other candidate wishes to come and speak at the
meeting during the Hearing of ReSidents, he would be
than welcome.
EAA
to
not
the
the
next
more
44 Discussion of Planning and Zoning commission
Comprehensive Plan work and overview of current activity.
Mr. McDonald presented a gavel to the Planning and Zoning
Commission Chairman, Ernie Evans. Mr. Evans introduced
the members of the Commission and then Mayor Baldwin
introduced the members of Council.
Mr. Sweatt, observing that the caption pretty well speaks
to the subject matter of this item, noted that one of the
things vital for continued growth and development in the
City is a revisitation and reconstruction of the
Comprehensive Plan. The Planning and Zoning Commission had
begun such action several months ago. It was thought it
would be appropriate tonight to have a general discussion
about it and find out what kind of input the Commission
needs from Council.
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Mrs. Jarman commented that all along, it has been Mr.
Evans who has chaired the committee on the Comprehensive
Plan. Mr. Evans remarked there are still a lot of loose
ends regarding the Comprehensive Plan. They have met three
times and discussed the theory of it. They have put a lot
of questions on the table. Those questions are important
because they drive the direction of the Planning and Zoning
Commission and drive to some extent the design of the City.
The Comprehensive Plan Committee needs to hear from City
Council and from the citizens about what they would like to
see in the community and where they see the community
going. That dictates that the Committee set up a review
with each of the different factions in the City. They will
be starting with the Public Works Department on October
24th. They have outlined a schedule through October of
next year whereby they will meet with each of the City
departments and other boards and commissions such as the
school board.
They have not organized a Comprehensive Plan
have reviewed other plans throughout the State.
issues that require their help from Council.
committed to finding the ultimate goal as far as
City wants to be twenty years from now.
yet. They
There are
They are
where the
The first question Mr. Evans put to City Council was if
they had looked at the annexation issues. Mr. Sawyer
related that Mr. Sweatt was instructed by Council, after
the budget sessions were over, to start an aggressive
annexation program, particularly to fill in the spots where
they strip annexed years ago. Mr. sawyer's recommendation
was to annex as much as we can as fast as we can.
Mayor Baldwin indicated they need an ETJ map so they can
see how far San Antonio and the other surrounding cities
come out. Mr. Sweatt advised that the Planning and Zoning
Commission had furnished maps some time ago with proposed
areas for annexation, but he did not bring them with him
tonight. He does know, however, that Council felt very
strongly about filling in Sections 5A and 5B on those maps.
Mr. Sawyer requested Council be furnished the maps by the
next meeting so they can make a decision at the next
workshop.
There was discussion about possible areas of annexation,
about changes being proposed in the legislature, about the
time frame required to complete an annexation and about the
services that have to be provided by the City to those
areas that are annexed.
Mr. Sweatt asked why worry about filling in those areas no
one else can get. Mr. Spain agreed, saying the City is
limited to a certain amount of land they can annex per
year, so why waste it on something they already control.
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Mr. Willman reminded Council they can currently annex up
to 30%. Mr. Richmond reported that when they recommended
those parcel groups for annexation, they took into account
all that's been talked about in addition to the 30% figure
and then what amount they could annex each year thereafter.
Their thought was to take what they can now and gobble it
up and then press on. Let's make sure we fill in the gaps.
Mayor Baldwin commented if they're talking about capturing
ETJ, they can start by annexing 500' wide strips. As one
is completed, start on the next one. Mr. Evans noted that
the proposals given to Council by the Commission contained
some of the agendas which have been discussed tonight. So
it might be worth giving up some of the percentage points
in terms of filling in some of the other areas.
Mr. sawyer asked if there's a tax base in any of the areas
they're considering annexing. Mr. Sweatt replied Alamo
Waste is in one of the areas. Mr. McDonald reminded Mr.
Sawyer annexation is not necessarily for the tax base, but
for the protection of the growth of the city.
Mayor Baldwin suggested relooking at the
presented by the Commission. Mr. Evans related
several alternatives in the Commission's plan.
At this time Mr. Evans asked the Council to think about
several things as they hold their discussions on
annexation. Why move to Schertz? What are the special
features of the community? Is there a need to maintain the
central City? Is the lack of a transportation system a
major obstacle to the City of Schertz? (Feedback needed.)
Will there be enough water for the projected growth? Where
does Council see the City going in terms of capital
improvement programs and capital budget programs? How will
the City get there?
proposals
there were
Mrs. Jarman observed when they started this review of the
Comprehensive Plan, they thought they could do it in six
months, but as they got more involved, they realized they
didn't want a quick fix, but instead wanted long-lasting
results.
The Commissioners had no further comments, 50 Mayor Baldwin
asked Council for their input.
There had been an article in the Express-News about San
Antonio adopting an ordinance requiring developers to do a
traffic impact study and Mr. Sawyer thought that was a
fine idea. Mr. Richmond commented the Commission had
asked Mr. Simonson to get them a copy of that ordinance.
Mr. Swinney stated he is a big believer in keeping
historic roots and the basics of the City'S heritage. FM
78 and Main Street are getting a lot of good businesses,
but he would like to see emphasis on revitalization of
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those areas. The areas are a real dynamo of business
potential. He's not prepared to offer tax abatements, but
maybe development grants or low-cost ideas should be
encouraged. He's confident Randolph Air Force Base will be
around for at least another twenty years.
Mr. Swinney then mentioned he thinks the City has been a
little lax in providing bike lanes. If there were some
safe bike lanes, parents would be more comfortable in
letting their children ride to school.
Mr. Swinney also indicated his wish list includes
the low water crossing fixed. Mayor Baldwin agreed,
we need another crossing between FM 151B and IH-35.
having
saying
Mr. Willman said he thought of another area where they
need help. It seems today that people don't want
neighborhood parks - they don't want outsiders coming in.
They want regional parks. Council needs to look at the
possibility of more park land in different sections
throughout the City.
Mr. McDonald wanted to see the preservation of commercial
property. Commercial property is always the last to be
developed, but most communities preserve it. There is a
real need for medical and dental clinics and for dry
cleaners. We shouldn't succumb to the pressure of
development just for the sake of development. Mayor
Baldwin added that from the school district's standpoint,
houses don't pay for the education of students, commercial
development does.
This prompted a brief discussion about Schertz
about the TIF zone along the Parkway, and about
easier to rezone from residential to commercial
other way around.
Parkway,
how it's
than the
Mrs. Jarman commented the land itself along Schertz
Parkway doesn't seem to lend itself to commercial because
its scenic and wooded and that goes back to one of the
reasons people are moving to Schertz. Mr. McDoanld
pointed out commercial development can be located among the
trees. Mr. Evans thought businesses ought to be
encouraged to develop in certain ways, not necessarily in a
straight line. Schertz Parkway is a great asset to the
City and they don't want it to turn into a Pat Booker Road
or San Pedro Avenue. Mayor Baldwin remarked that the
overlay ordinance was established to prevent that from
happening.
Mr. McDonald reported attending Planning and Zoning
meetings recently and was favorably impressed by the
deliberation the Commission gave to new development. Along
that line, Mayor Baldwin noted the Council is very
appreciative of the UDC. He knows the Comprehensive Plan
is in good hands and the Commission and the Council need to
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work on it together. He thanked the Commission for their
good questions this evening.
Mr. Sweatt advised he would like to plug another topic,
namely the public safety bond issue. They are developing
information on it and the Council and the Commission need
to look collectively at the needs of the community. Mr.
Swinney suggested modeling the program after the way the
school district did it and get the citizens involved. Mr.
Greenwald also mentioned the need for staff input.
Mr. McDonald asked if the sales tax increase will
considered at the same time and Mr. Sweatt answered
are looking into that possibility.
At this time, the discussion on this particular agenda item
was concluded.
be
they
#5 Discuss final reading of ordinance granting
updated service credit/annuity changes to TMRS.
Mr. Sweatt reminded Council this is the second and final
reading of this ordinance. Council agreed they were ready
for this item to be included on next Tuesday night's
agenda.
46 Discuss traffic control measures on Schertz
Parkway at Savannah Drive and Ashley Park.
Mr. Sweatt reported he had received recommendations from
Chief Smith, Mr. Bierschwale and Mr. Simonson regarding
changes and traffic control matters on Schertz Parkway from
IH-35 to Live Oak Road. Those recommendations are as
follows: (a) decrease speed limit from IH-35 to 100 yards
north of Savannah Drive from the current 45 mph to 40 mph;
(b) from a point 100 yards north of Savannah Drive to just
north of Live Oak Road intersection, reduce the current
speed to 35 mph; (e) install a three-way stop at Savannah
Drive and its intersection with Schertz Parkway; and, (d)
install four-way stop at Ashley Park intersection with
Schertz Parkway (both sides).
Wile the traveling public has enjoyed the benefits of
Schertz Parkway as an open thoroughfare, the effects of
cross traffic and the need to lower the speed and interrupt
traffic flow appears to justify the establishment of these
stop actions. In addition, it is anticipated that caution
signs such as "slippery when wet" and "curves ahead" will
be installed immediately south of the intersection of
Schertz Parkway at the IH-35 service road.
Mr. Sweatt further stated they have notified GVEC of the
need to place street lights at the Savannah Drive/Schertz
Parkway location. They have also (under temporary
authority) caused a stop sign to be installed at the
Savannah Drive intersection with Schertz Parkway to clarify
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traffic actions.
Mr. Swinney thought it was a great idea. Mrs. Jarman and
Mr. Evans both voiced their support. Mayor Baldwin
supported the speed limits but not the stop signs. His
reasoning was this will create more traffic on FM 3009. He
asked about installing traffic control devices such as
blinking lights. Mr. Sweatt informed Council a signaled
intersection, since this is the City's street and they
would have to pay for the signal, costs about $50,000.
Mr. Simonson added that regarding Ashley Park and Savannah
Square, what is really needed is a walkway for the children
to use in getting to the new intermediate school.
Mr.
idea
date.
could
McDonald felt the stop signs
of traffic signals needs to
Perhaps a study into the
be done.
are a quick fix and the
be revisited at a later
cost of traffic lights
After being asked by Mayor Baldwin, Council indicated they
were ready to have this item included on next Tuesday
night's agenda.
#7
Council,
discussion
Department
check fees.
CITY MANAGER'S REPORT: A. Announced, if it pleases
he would like to include on next week's agenda,
of changing certain fees in the Inspection
such as inspection/reinspection fees and plan
Council approved.
B. Declared they have successfully
Randolph Air Force Base and the Base has
the per capita base figure for emergency
negotiated with
accepted 11,400 as
services fees.
#B ITEMS BY COUNCIL:
as you drive up the hill
is in bad shape.
Mr.McDonald: A. Commented that
on Schertz Parkway, the shoulder
B. Remarked there are lots of cracks in the streets in
Woodland Oaks because of all the construction going on.
Mayor Baldwin interjected he had driven around when it was
raining and it is a river coming out of Ashley Park II.
Mr. McDonald said the water is the same way at Savannah
Drive and FM 3009 when it rains. Utilizing streets as
water conduits will have to become a thing of the past.
Mr. Greenwald: A. Reported Bill Paschal of the SCUC ISD
School Board had spoken at the Planning and Zoning meeting
regarding the last 250' from the proposed school property
to Green Valley Road and who's going to pay for completing
it.
B. Indicated a letter will be coming to City Council from
Planning and Zoning about the election of new officers.
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Mr. Swinnev: Stated he is looking forward to the Annual
Businessmen's Appreciation Dinner tomorrow night.
Mr.
joint
should
Richmond mentioned he had thoroughly enjoyed
meeting, It had been very enlightening and
do it more often. Council agreed.
this
they
#9 ITEMS BY MAYOR: A. Stated he appreciated Chief
Smith's vehicle report that mentioned looking at the
vehicles of all departments,
B, Commented he enjoys reading the Planning and Zoning
minutes and thinks Council should provide their minutes to
the Commission.
C. Reported attending an EAA meeting last Thursday. There
are eleven members on the Board from San Antonio and four
members on the Board from downstream users. He doesn't
know if four can take on eleven and get anything done.
They penalize you if you look for alternate water sources.
Mr. Greenwald added the whole Edwards plan limits
everybody. Mr. Sweatt stressed this upcoming election is
critical.
#10 ADJOURNMENT: On a motion by Mr. Swinney, seconded
by Mr. Greenwald and unanimously carried, the meeting was
adjourned at 9:33 p.m.
Mayor, City of Schertz, Texas
ATTEST:
~~/~<>,
City Secretary, City of Schertz
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