ccswks 03-27-1996
SPECIAL MEETING OF THE CITY COUNCIL
MARCH 27, 1996
The Schertz City Council convened in Special Workshop
Session on Wednesday, March 27, 1996 at 7:00 p.m. in the
Conference Room of the Municipal Complex, 1400 Schertz
Parkway, Schertz, Texas. The following members were
present: Mayor Hal Baldwin, presiding; Councilmembers
Charles McDonald; Joe Potempa; Earl Sawyer; Timothy
Swinney and Ken Greenwald. Staff present were City Manager
Kerry Sweatt and city Secretary Norma Althouse.
# 1 HEARING OF RESIDENTS
No one had signed up to speak.
#2 ORDINANCE: Discuss final reading of an ordinance
rezoning 105.389 acres from GB, R-l and R-2 to R-6 (Gated
Community) (Aspen Homes).
Mr. Sweatt reminded Council this ordinance was approved on
first reading at the last regular meeting. Fifty-two
letters were sent to property owners within the required
distance and 6 were returned in favor and 1 was returned in
opposition. The request is to rezone 105.389 acres from
GB, R-1 and R-2 to R-6 for the purpose of building a
Single-Family Dwelling District subdivision. The plans are
to build a gated community. The property is bounded by
Schertz Parkway, by an extension of Savannah Drive in one
area behind the school site in the Savannah Square area,
and by Ashley Place II. The first phase is 25.391 acres
and on the other side of an extension of Savannah Drive
there is a 79.998 acre tract of land to be developed. The
request for rezoning also includes a request for a side
yard setback variance of 5 feet while maintaining 15 feet
between homes. There is a 60' buffer proposed at the back
of the Deer Haven Subdivision to separate the two areas.
The homeowners association of the new gated community will
be responsible for maintaining the 60' buffer area. The
developer is aware of all the UDC requirements for gated
communities. There were questions raised about drainage
and some maps were made available last week which showed
the drainage from this does not fall into the channel that
goes behind Cotton King in the Woodland Oaks Subdivision.
A very small portion does find its way to the drainage area
that comes across Schertz Parkway. The final reading of
this ordinance will be on the action agenda of the next
regular meeting.
Mr. Swinney implored the other Councilmembers to think
about all the questions that were asked at the last meeting
and whether or not they were answered. He has lots of
concerns about a gated community. If the City is depending
on the homeowners association to maintain the streets,
where will they be 10-15 years from now? In his opinion,
the City should be maintaining the street. Is a gated
community the direction Schertz wants to go? Houses are
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currently selling like hotcakes in Schertz and none of them
are in a gated community. He would like to have Aspen
Homes in Schertz, but does it have to be a gated community.
Mr. McDonald commented he has some concerns about
community from the maintenance standpoint. Also,
want a gated community? Does that set that little
away and apart from the community of Schertz? He
the idea was to try and get everybody to be a part
City of Schertz community.
a gated
do we
enclave
thought
of the
Mr. Swinney said he understands there's another gated
community on the horizon. Mr. Sweatt admitted that's true
and they are locating where a rezoning is not required, so
they are proceeding with their development. It will be in
the old Sagemont area beside Autumn Winds.
Mr. Swinney asked Mr. Sweatt if he could think of any
economic reason that would result from discouraging a
builder to develop a gated community. Mr. Sawyer
interjected that if the developer didn't think a gated
community would sell, they wouldn't want to build one. Mr.
Sweatt emphasized he think's that the answer. If the
Council says they can't build a gated community, then in
his opinion, they won't build at all. They consider a
gated community their niche in the home building market.
Mr. Sawyer remarked as far as the streets are concerned,
there's nothing to prevent these people from entering into
a contract with the City for maintaining the streets.
Also, if he understood correctly, there will be an escrow
account in case the homeowners association goes out of
business and the City has to take over.
Mr. Sawyer then stressed he sees nothing wrong with a
gated community. If that's where people want to live, then
let them live the way they want to. If he were a builder,
he would build what sells. Regarding the crime rate, he
does not feel that a gated community gives the impression
the City has a high crime rate.
Mr. McDonald observed the homes in Greenshire are a lot
more expensive than what's being proposed here and
Greenshire doesn't have gates.
Mr. Sawyer noted Schertz already has a community that is
cut off from the rest of the City and that is Dove Meadows,
it's just not gated.
Mr. Swinney, saying maybe he needs some clarification,
asked what protection the City has on these streets in a
gated community. Mr. Greenwald explained the streets have
to be built to meet specifications anyway, even if they are
private. There are provisions in the homeowners agreement
for the City to inspect the streets, for Public Works to
have access, and for emergency services and school busses
to have access. The maintenance agreement lays out the
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requirements.
accumulate
Additionally,
The homeowners
escrow for
these people are
association charges dues to
the street maintenance.
still paying city taxes.
Mr. McDonald commented what happens if they decide
shouldn't be paying taxes and for services too.
Greenwald pointed out they made that choice when
bought a home in a gated community.
they
Mr.
they
Mr. Potempa asked what would happen if a gated community
went bankrupt. Would the City remove the gates and take
over? Mr. Sweatt admitted that's one possibility. If
Council recalls from the discussion of the UDC, there are
safeguards built into the homeowners association agreement
allowing the City to take over, or permitting the
homeowners to come in and request the City take it over and
capture escrow funds for the purpose of maintaining the
streets, or repairing them if they have been left in need
of improvement. .
Mr. Swinney wondered if it's feasible that in a non-profit
homeowners association you could find the books and the
streets in shambles. Mr. Sweatt acknowledged it's a
possibility, but Mr. Greenwald didn't think the streets
will ever be in shambles because the City will be
inspecting them on a regular basis. The homeowners
association, if he's not mistaken, is also required to
provide the City a certified audit annually.
Mayor Baldwin felt it would be difficult to enforce street
maintenance requirements on a gated community when the City
has severe problems in some of the streets in its regular
subdivisions.
Mr. Sawyer pointed out the maintenance of the streets is
in the deed restrictions of a gated community. Mayor
Baldwin asked if we assume they are going to meet those
requirements before this rezoning request is approved and
the gated community is built.
Mr. Sweatt pointed out the UOC has not been adopted yet.
The developers have been made aware of the requirements and
when they submit their plat, a homeowners association
agreement for maintenance of the streets has to be
furnished with the plat. Mr. Greenwald added if they
don't provide the agreement, the City doesn't file the plat
and they can't sell the lots.
Mr. McDonald professed he still has a problem with them
paying twice for street maintenance. He wondered if it's
legal to pay for streets through a homeowners association
and also through ad valorem taxes.
Mr.
twice,
proper
City's
Swinney stated he isn't worried about them
that's their choice, but he does have concerns
street maintenance 10-15 years down the road.
opening up liability as far as butting heads
paying
about
The
with
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private citizens, regardless of deed restrictions, as far
as interpretation of proper street maintenance. If they
get behind in funds and maintenance, is the City going to
take them to court so it's City against gated community.
Mr. Greenwald emphasized that's when you put a lien
against the property.
Mayor Baldwin again mentioned that what bothers him about
gated communities is the single entrance.
Mr. Potempa inquired if the Council honestly thinks that
if they said no to this gated community, the developer
would pullout. Mr. Sweatt commented, that if Council
wishes, he will have someone at the next meeting to answer
that question.
Mr. Swinney advised he had asked that question in a
roundabout way at the last meeting. He:s not asking for an
ultimatum. He just wonders if we have to jump on the
bandwagon with gated communities.
After further discussion, Mr. Sawyer pointed out that
usually we can live with anything that's built. People
didn't want the Sycamore Creek Apartments behind their
houses, but it has worked out. Mr. Greenwald related all
the objections they got regarding the development of
Savannah Square and Woodland Oaks. They also have worked
out. Mr. Sawyer noted it's just a different type of
residential community than what we're used to.
Mr. Sawyer
answers to
next week.
suggested that if Mr. Swinney didn't like the
his questions, then he should ask them again
After much debate on the subject of gated communities,
Council agreed they were ready for this item to be included
on next Tuesday night's agenda.
At this time Mayor Baldwin recommended, if Council had no
objection, moving Item #6 up for discussion next. Council
did not object.
#6 FINANCIAL ADVISOR: Discuss designation of financial
advisor.
Tom Anderlitch reported he had spent 20 years with
Rauscher-Pierce-Refsnes and just changed a month ago to
Southwest Securities. Basically all of the staff,
including Mark MCLiney and five other people, left with him
and moved over to Southwest Securities. The reason they
were not able to tell the City about it to begin with, was
that Rauscher filed a restraining order against them and
forbid them to talk to any of their clients, or anybody
else, about what was going on. As soon as it got to court,
the restraining order was thrown out.
Mr. Anderlitch went on to say they have always operated
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under a financial advisory contract with the City, and by
the rules of the SEC and the Municipal Securities
rule-making Board, they are now required when they serve in
the capacity of financial advisor, to have a contract.
All contracts provide for a 30 day cancellation clause and
what they were going to do tonight was asked the City to
cancel the existing contract with Rauscher. Upon
investigation by Mr. Sweatt, it was discovered Rauscher
didn't have a contract with the City. No one could find a
copy of it. Of course in the good old days, a contract
wasn't required. It was a gentlemen's agreement.
What they're asking the City to do is give them the same
financial advisory contract that they've always had. The
way those contracts have worked is that they've always been
available and on~call for the staff and have never charged
for any of their services. If it meets with Council's
approval, they would like to continue'in the capacity of
financial advisor for the City of Schertz.
Mr. Sawyer commented he would hate to lose Mr. Ander 1 itch
as a financial advisor. He has kept the City out of
trouble many times and has made money for the City. He,
personally, has appreciated doing business with him over
the years.
Mr. Swinney, saying he has only known Mr. Anderlitch and
Mr. McLiney for a year, acknowledged he sees them as men
of integrity and knowledge and feels comfortable doing
business with them.
Mayor Baldwin noted he has worked with Mr. Anderlitch for
a number of years, and has respect and admiration for him.
Mr. Anderlitch told Council Southwest Securities was
formed in 1973 and has a capital of 70 million. It is a
member of both the New York and American Exchanges. What
precipitated the change from Rauscher was that the CEO of
the holding company of Rauscher didn't like the way it was
being run, fired the president and took over himself. He
is a lawyer and has no financial expertise. His main
concern is the bottom line and that's not the way they've
always worked. Mr. Anderlitch feels Southwest Securities
can do an excellent job for the city.
Mr. Swinney asked Mr. Anderlitch how concerned he is with
the impetus to revamp the entire tax code. Mr. Anderlitch
replied no one knows what will happen. Tax experts believe
it won't be settled for several years. There will be some
change, but he doesn't think it will be severe.
After being asked by Mayor Baldwin, Council indicated they
were ready for this item to be included on next Tuesday
night's agenda.
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#3
request
R-3.
REZONING REQUEST: Consider and take action on a
from Randy Burch to rezone .354 acres from R-2 to
Mr. Sweatt advised the question of the ownership of the
property has been resolved. Council held a public hearing
on a request to rezone .354 acres of land at the corner of
First and Church Streets from R-2 to R-3 and tabled action
pending further review of ownership of the property. The
applicant was not the owner of the land, so that alone
would disqualify the request. Since that time, the
Planning and Zoning Commission has met and denied the
request. The real owner has filed a request for a similar
rezoning. It is recommended Council deny the request from
Randy Burch to rezone.
Mr. Greenwald moved to
to rezone .354 acres
McDonald seconded the
following votes:
deny the
of land
motion,
request from Randy
from R-2 to R-3.
which carried with
Burch
Mr.
the
AYES: Councilmembers McDonald, Potempa, sawyer, Swinney
and Greenwald.
NAYS: None.
#4 ORDINANCE: Discuss final reading of an ordinance
approving Tax Abatement and Tax Abatement Agreement with
Ecko Construction Co.
There was
for this
agenda.
no discussion and Council implied they were ready
item to be included on next Tuesday night's
#5 ORDINANCE: Oiscuss amendment rev~s~ng Traffic Code
regarding speed limits on IH-35 main lanes and declaring an
emergency.
Mr. Sweatt related the speed limits had been raised to 70
mph due to recent changes in federal and State agreements.
Now because of construction, they want to lower the speed
limit. Rather than using the temporary orange warning
signs, they want us to enforce a firm speed limit. The
only way the City's police force can do that is for Council
to approve an ordinance. The speed limit is being lowered
to 55 mph from FM 3009 to the north City limits.
Mr. Potempa asked if after construction is finished, the
speed limit will revert back to 70 mph. Mr. Sweatt noted
that Council will be asked to approve another ordinance at
that time raising the speed limit back up to 70 mph.
After a brief discussion regarding speed limits and
construction, Council admitted they were ready for
item to be included on next Tuesday night's agenda.
road
this
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47 RESOLUTION: Discuss Resolution rescinding request
for bypass construction.
Mr. Sweatt reported the Mayor had received a letter from
TXDoT asking the city to formally rescind their 1978
request for bypass Loop 538. Plans are in completion stage
for the FM 78 widening, so he's not sure why we need to
rescind this request, but TXDot has asked that we do. A
Resolution has been drawn to express Council's support of
rescinding the bypass.
Mr. McDonald jokingly asked if we could make this
effective on receipt of the plan for the FM 78 widening.
This request from TXDoT prompted discussion about where the
bypass would have gone, why the City needs to rescind the
request, what the current plan is for widening FM 78, and
the necessity to receive a right-of-way plan in a timely
manner.
Mr. Sawyer felt the original request should not be
rescinded until the City gets a right-of-way plan. Mr.
potempa felt if the original request is rescinded, the City
won't get anything from TXDoT. Mr. Greenwald pointed out
TXDoT has asked the City to rescind the request, and Mayor
Baldwin felt they will eventually have to widen FM 78, it's
just that Schertz is the last section to be completed.
After being questioned
they were ready for
Tuesday night's agenda.
by Mayor Baldwin, Council indicated
this item to be included on next
48 PACKAGE: Discuss agenda
package format.
background information
Mr. Sweatt stated he was asked to place this on the agenda
to discuss whether or not anyone prefers other arrangements
for securing background material.
Mr. Sawyer mentioned it seems that when they have a
session with the lawyer, there's no one left at the meeting
when they come back. His suggestion was to place the
Executive Session on the agenda after the City Manager's
Report, Items by Council and Items by Mayor. If the Mayor
has a message he wants to get out to the public, people are
not going to stay until after the Executive Session to hear
it. Everyone thought Mr. Sawyer had a good idea.
There was then discussion about how the package is put
together. The Councilmembers don't like the blue binders.
They would prefer a medium-sized binder to keep at home
with their names and the City logo on the front. They
would prefer not to receive the background material in a
binder. It can still have dividers, but no binder. Also,
the seal on the envelopes is no longer necessary.
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#9 CITY MANGER'S REPORT: A.
opening for Arby's has been changed
at 11:00 a.m.
Announced the grand
to Thursday, April 4th
B. Reminded Council about the retirement party for Chief
Agee scheduled for Friday, March 29th from 4-6 p.m.
Mayor Baldwin asked if an Interim Chief would be named and
Mr. Sweatt replied yes.
Mr. Sweatt also mentioned they have begun to advertise for
the position. Mr. Potempa asked what kind of educational
requirements are necessary. Mr. Sweatt replied either to
have or be capable of securing an advanced certificate from
T.C.L.E.O.S.E.
C. Mentioned the VFW will be at the meeting Tuesday
evening to surprise Chief Agee with a plaque.
Mr. Sawyer said that's the same evening Mary Marsh wants
to take pictures of the Council in their VFW hats.
D. Passed around the finished plaque for recognizing Bob
Andrews and asked for Council's recommendation as to when
they want to make the presentation to his family. Members
of the Planning and Zoning Commission also plan to attend.
There was discussion about whether to do it at a workshop
or at a regular session. It was decided to make the
presentation at the April 16th regular meeting. Mayor
Baldwin suggested doing the actual presentation in the
foyer of the Municipal, Complex and having an undraping of
the plaque. Council was in favor of mounting the plaque on
the outside of the door to the Conference Room.
Mr. Sawyer suggested a proclamation be written to give to
Bob's widow to take home and display. Council agreed.
E. Advised the City has been notified by the Board
Oirectors of CCMA that Tom Weaver has announced
retirement, effective April 1st. David Dennis has
appointed to succeed Mr. Weaver as General Manager.
of
his
been
#10 ITEMS BY COUNCIL: Mr. Greenwald: A. Reminded
everyone that this Saturday morning at 9:00 a.m. there
will be a parade from the Baptist Church to the City Park
for the opening ceremonies of BVYA.
B. Reported Planning and Zoning had a very long
last night. Among those items discussed were Berry
Subdivision, public hearing for Floyd Dicus, Windy
Unit II, Texas Department of Human Resources lot,
Subdivision and BSI Satellite.
agenda
Creek
Meadow
Vestal
C. Related
evening and
be reviewed
the Impact Fee Review Committee met Monday
examined the water plans. Impact fees have to
every three years. There's no doubt they will
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have to be raised because growth is using up the capacity.
He will come back to Council with figures and the
Committee's recommendations.
Mr. McDonald: Told about an experience regarding a UPS
truck. He was traveling up FM 3009 getting ready to move
into the passing lane to make a left turn at Dimrock. A
UPS driver was coming out of Deer Creek and making a left
turn towards town. Rather than getting into the traffic
lane, he used the passing lane until he could get over. It
took him about a mile. The driver could have hit him head
on. He reported the incident to UPS and the gentleman he
complained to told him, in so many words, everybody does
it.
Other Councilmembers reported similar incidents. Mr.
Sweatt promised to urge the Police Department to be
attentive to these type situations.
Mr. PotemDa: A. Asked what's going on between the
La Pasadita restaurant and the new HEB site - they've been
surveying all week long. Mr. Sweatt replied he did not
know. Mr. Potempa asked if, by chance, it could be HEB.
Mr. Sweatt noted HEB has always advised their construction
plans are scheduled for 1996/97.
Mr.
Mr.
other
Greenwald inquired if it could be a sewer line,
Sweatt replied the sewer line was extended from
end.
but
the
Mr. Sawyer wondered if we had asked the gentleman who owns
La Quinta Inns to put a jogging path in that area when it
was zoned. Other Councilmembers didn't think so.
B. Mentioned you can't get out of Mobile Villa. People
are going 70 miles per hour on the access road.
Mr. Swinney: A. Reported he tried the chipper service
this week and was very impressed.
B. Questioned if there's any progress on getting
arrows painted in Lone Oak. Mr. Sweatt answered he
spoken to the Public Works Department about it, but he
check with them again.
lane
had
will
C. Brought up the idea of having Council pictures in the
lobby and asked for input from the other members. He then
asked if we have a camera in the City. Mr. Sweatt
recommended a professional photographer and mentioned space
for displaying pictures is limited. Mr. Sawyer suggested
finding out what it's going to cost before proceeding.
There was discussion about individual pictures and about a
group picture. It was decided to have someone check into
information about the cost and report back before going
ahead.
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D. Brought up the pagers mentioned in the
packet and said according to the research done
Manager, it sounds like they have some merit.
information
by the City
Mr. Sweatt stated they are a good quality pager. Not only
are they offering the equipment to all the department
heads, emergency personnel and stand-by personnel, but also
considering offering them to every employee through means
of payroll deduction. There is also the possibility the
Mayor and Councilmembers may want to consider carrying
them. Mayor Baldwin advised anyone who is interested to
get in touch with Mr. Sweatt.
Mr. Sawyer: A. Commented he thought it was a very good
decision to put a crossing guard at the corner of Winburn
and Randolph. There's lots of traffic there between 7:00
a.m. and 8:00 a.m.
B. Remarked he and his dog are still enjoying their walk
around the City at 6:30 in the morning.
4tll ITEMS BY MAYOR: Mentioned the Ag Fair which will
be held at Wiederstein Elementary School on Friday, March
29th from 9:00 a.m. to 2:00 p.m. and said lunch will be
available.
4t12 ADJOURNMENT: On a motion by Mr. Potempa, seconded
by Mr. Swinney and unanimously approved the meeting was
adjourned at 8:50 p.m.
Mayor, City of Schertz, Texas
ATTEST:
~/ ;P~"--P-!
City'Secretary, City of Schertz
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