ccswks 06-26-1996
SPECIAL MEETING OF THE CITY COUNCIL
JURE 26, 1996
The Schertz City Council convened in Special Workshop
Session on Wednesday, June 26, 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 Discussion of Planning and Zoning recommendations
regarding revision to Zoning Ordinance relating to
Single-Family Dwelling District regulations (R-6) - gated
community.
Mr. Sweatt reminded Council that at last week's regular
meeting they adopted a motion establishing a 90 day
moratorium on applications for a gated community. It is
not applicable to anything already in the pipeline, but
does delay any new applications. This gives Council and
Planning and Zoning time to review the situation, give it
some further thought and have in place a formal set of
guidelines on this issue.
Mr. Sweatt went on to say there is not a zoning category
for gated communities. As requests for these began to
surface, and more action was taken in San Antonio, Planning
and Zoning reviewed some rules and as part of the Unified
Development Code (UDC) have recommended a set of rules and
regulations that hopefully speak to all the concerns. One
of the major concerns is the homeowners association and the
escrowing of funds to maintain the streets. The UDC is in
its final stages of review now. Planning and Zoning
developed it and brought it to Council for review. Council
asked that the staff work be completed, that it be
submitted to the City Attorney's office and then be brought
back in completed form to be open to a public hearing. In
the meantime, the number of applications for gated
communities continues to rise. Up until now, Planning and
Zoning and staff have been able to insist that all those
applicants involved with gated communities adhere to a set
a rules even if they were not yet adopted.
Planning and Zoning, in addition to recommending the
moratorium, feels if it's going to be a fairly long time
before the UDC gets into place, that we need to amend the
Zoning Ordinance to establish some rules to deal with this
issue. The City Attorney and staff have reviewed the UDC
and are down to about five or six items that need to be
resolved. They believe within the 90 day moratorium they
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will be able to bring the UDC to the front, hold the public
hearing and have at least the first reading approved. It
is recommended the moratorium be left in place with no more
gated communities being considered until the UDC is
approved.
Those items included in the packet as recommendations are
basically those that are in the UDC. There was some
discussion about applying the gated classification to other
size lots rather than just those in R-6. Mr. Greenwald
reported that Planning and Zoning concurred with what
Council had discussed. Why limit it to just R-6? They
have added a preamble to the Zoning Ordinance that any of
the residential units, R-l through R-6, can be gated if
they want. They simply add the G to the request. Planning
and Zoning discussed it last night and agreed if the UDC is
going to be a reality in 90 days, there is no need to amend
the Zoning Ordinance.
Mr. McDonald asked if the 75 acres has been in the UDC all
along. Mr. Greenwald replied no, it was one of the
recommendations from a couple of weeks ago. They were
looking at what is probably the most viable as far as the
homeowners association. In trying to get a common
denominator as far as the cost breakouts, it appears 75
acres is the most logical.
Mr. Sweatt asked if Council feels there are other areas
that should be addressed in the gated community issue so
that when the UDC is brought back for a public hearing,
everything is there.
Mr. Sawyer
access for
deliveries.
He felt it
necessity of
referred to Section 5.4.6 which says Provide
fire. ambulance. and nolice services, mail
school buses. oarbaoe nickun. and utilities.
should say must provide access without the
the operator leaving the vehicle.
Mayor Baldwin asked how they provide garbage service in the
gated communities. Mr. Greenwald replied about 99% of
them open the gates at 8:00 a.m. and don't close them
until 6:00 p.m. Mr. Sweatt commented the one he lived in
had an overriding code that was assigned to the various
services such as garbage pickup, etc. It was kind of a
universal code which they punched in. The wording Mr.
Sawyer suggested was agreed to by Council.
Mr. Sawyer then moved to Section 5.7.1 where it says Uoon
a written reouest sioned by HOA Officers and submitted to
the Mavor of the Citv of Schertz. ....... and suggested it
say to the Mayor and City Council. It's not that he
doesn't trust the Mayor, but in looking to the future it
would be possible for someone to pocket a letter and claim
they never received it. Mr. Greenwald pointed out later
in the paragraph it refers to the fact the City Council has
to agree to accept the streets. Mayor Baldwin recommended
striking the word Mayor and just putting City Council.
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'""'
Mr. Sawyer then asked how a masonry wall is defined. Mr.
Sweatt replied there is a definition in the Subdivision
Ordinance. Mr. Swinney wondered if there's anything in
the UDC about the upkeep of the masonry wall. Mr. sawyer
commented the homeowners association is supposed to have
enough money in escrow to maintain it. Mr. McDonald
pointed out that graffiti gets sprayed on masonry walls
pretty fast. Mr. Swinney asked if it actually says the
homeowners association has to maintain the wall. Mr.
Sawyer answered it says they have to have money in escrow
to repair and take care of everything and he assumes that
includes the wall. Mr. Swinney wasn't sure they should
assume anything. With the interest in graffiti today, he
suggested putting something in there that says they have to
maintain the aesthetic and structural integrity of the
wall.
There was discussion about Section 5.4.1 where it lists the
homeowners association's maintenance responsibilities and
Mr. Sweatt thought it was probably intended to be all
inclusive, but he will check into it. Mr. Swinney wanted
to make sure there are no loopholes. Mr. McDonald
suggested going one step further and requiring the walls to
be pretreated with a graffiti-resistant substance. Mr.
Sweatt reminded Council the City also requires masonry
walls on abutting major thoroughfares in non-gated
communities and they do not have a pretreated
graffiti-resistant substance. Mr. McDonald stated he just
thinks it's a good idea.
Mr. Greenwald warned Council not to be surprised when they
get a letter from Planning and Zoning regarding requests
for two gated communities. These were in process before
the moratorium. One would be from Mike Lancaster about a
10 acre tract gated community between Woodland Oaks Drive
and Dimrock in the Woodland Oaks Subdivision. The other
would be from 3009 Partners Ltd. for a 121 acre tract
behind HEB, McDonald's and the new bank.
Mayor Baldwin asked if the one behind HEB would have any
effect on Wiederstein Road. Mr. Greenwald replied that
was one of the big discussions and they were asked to look
for alternative routes for another road. Mr. Sweatt added
that another problem through there are the power lines.
Mayor Baldwin asked who the developer is on that
and Mr. Greenwald answered 3009 Partners Ltd.
engineer being Sam Bledsoe.
property
with the
Mr. Greenwald stated Planning and Zoning has recommended
both of these gated community requests go to a public
hearing. Mr. Sawyer thought they should go ahead with the
public hearing and if they don't like something, then turn
down the request.
Mr. McDonald still expressed concern about rezoning and
developing all the commercial property to residential. The
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City can't exist on ad valorem taxes from homeowners. Mr.
Potempa agreed with Mr. McDonald. Mr. Greenwald pointed
out the owner of the property does have the right to ask
for a zoning change. Mr. Potempa maintained that doesn't
mean you have to approve it. Mr. Greenwald agreed and
said all that's happening here is that these requests are
going to a public hearing. Mr. Sawyer commented the City
controls land use to a certain extent, but nothing stops a
property owner from asking for a zoning change. If the
request is turned down and the property owner feels that
action was unjust, then the City ends up in court.
After further discussion, Merwin Willman remarked the
requirement for a gated community to be a minimum of 75
acres and for the gated (g) designation to be an option for
all residential classifications has occurred and been
included since the original UDC was written.
#3 Discuss recommendations regarding appointment I
reappointment to Economic Development Commission.
Mr. Sweatt had provided Council with a memo listing those
recommended for reappointment and they are Lewis Borgfeld,
Wanda J. Sweatt, Harry Richburg, Eric White and Jackie
Jones. A new person recommended for appointment is Tim
Fetter.
Council had no problem with any of the people on the list
and indicated they were ready for this item to be included
on next Tuesday night's agenda.
#4 CITY MANAGER'S REPORT: Stated he believes they
have a unique opportunity to aid the spread of democracy.
The City has been asked to host two Macedonian mayors for a
week in August. If it pleases Council, they would like to
develop an itinerary and a plan 50 they can see City
government at work and also have some social activities.
Mayor Baldwin emphasized he
the reception in Schertz.
are available in Council's
Mr. Sweatt replied yes they
feels they really need to have
Mr. Sawyer wondered if funds
reserve for these activities.
are.
Mr. McDonald asked how many people there will be and Mr.
Sweatt replied just the two mayors and their interpreter.
There could possibly be someone from the AID Department.
Mayor Baldwin observed, in reading the information about
their visit, that it sounds like they plan to spend time in
Schertz. This is not a San Antonio thing. Mr. Sweatt
mentioned the only time they may involve San Antonio is in
a trip to the Riverwalk. Also, Don Manning, the
coordinator with the USAID program, would like for us to
take them to Austin one day and expose them to the Texas
Municipal League.
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Mayor Baldwin, saying they are asking Council to meet them
at the airport, thought they should be greeted with a band.
He suggested getting hold of Fran Badrak to have a few
members of his band show up at the airport.
Mr. Swinney questioned who pays their expenses and Mr.
Sweatt replied their direct expenses will be paid through
AID, but if we choose to do some social activities, then
that will be extra. One thing they thought about doing was
attending the Folklife Festival. Any suggestions are
welcome.
Mr. McDonald acknowledged he is working on a key to the
city or something that we can present to them.
#5 ITEMS BY COUNCIL: A. Mr. Swinnev: Congratulated
Mr. and Mrs. Sweatt on their wedding anniversary,today.
B. Indicated he had briefly mentioned to Mr. Sweatt a
situation with pornographic materials. He has no
particular problem with it being around because you can't
legislate morality, but he does object to it being outside
the counter at eye level for children. He has noticed
several convenience stores do that. He has asked Mr.
Sweatt to get with the City Attorney and find out what the
City's legal rights are. He feels the City is at least
within its bounds to ask that it be out of the reach of
underage children.
C. Mentioned, regarding the graffiti project, he is still
trying to get hold of D.C. Morgan. They did get approval
from Mr. Wuest to do the Pic-N-Pac. He understands the
VFW is still in the process of sandblasting.
D. Asked if there's a day they all want to get together
and have their formal picture taken by Sarah's Reflections.
After discussion, it was decided to have it taken at City
Hall either next Tuesday or any consecutive Tuesday after
that when the photographer is available. The City
Secretary said she would make the arrangements. Mr.
Sweatt commented there will be a note in their packets with
the information.
Mr. Sawver: A. Related he works with the VFW on
Saturdays to clean up the area behind their building. The
area where the old movie drive-in theater used to be is one
of the trashiest dumps around. There's junk cars and
there's stacks of PVC. Can we do something to get it
cleaned up?
Mr. Potempa suggested sending the inspectors out to look
it over. Mr. Sawyer observed it's worse than the mobile
home park up on IH-35. Mr. Potempa commented there are
people living in the mobile homes right behind the VFW.
Mr. Sawyer insisted the one closest to the VFW has no one
living in it and he has asked before that the water and
sewer connections in the area be checked.
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Mr. Sawyer then stated he doesn't want to give
property owner a hard time, but they did promise to
the screen down 20 years ago and it's still there.
Sweatt explained they have not been able to declare
screen an unsafe building, but they can do something
the junk vehicles and PVC and the junky mobile homes.
the
take
Mr.
the
about
B. Declared the Animal Control Department is doing a good
job.
Mr. McDonald: A. Asked if the City ever got any response
from the railroad about mowing along FM 78. Mr. Sweatt
reported that the last contact they had with the railroad,
the City proposed to do it for a fee and they declined.
Mr. McDonald then asked how much it would cost if the City
did it themselves. Mr. Sweatt replied the first time
quite a bit. Mr. McDonald inquired how much ,the first
time is and Mr. Sweatt did not recall that figure but said
he would check into it. '
Mayor Baldwin remarked the State needs to mow the grass
area along the wall on FM 3009. Mr. Sweatt said he had
given the Resident Engineer's phone number to two people
about that. Mayor Baldwin also mentioned that the grass
around the new tree in front of the Municipal Complex is
looking pretty shaggy.
Mr. Sawyer questioned if the City can declare
right-of-way, within the City of limits of
nuisance area. What is the legal procedure?
replied notices would have to be sent.
the railroad
Schertz, a
Mr. Sweatt
B. Noted the high weeds at the Shoe Shop need to be cut
down.
C. Observed that the sloping part of the roof (near the
front door) on the Community Center sure looks raggedy. It
looks like something's loose. Also the roof on the side of
City Hall looks discolored. Mr. Sweatt advised the City
Hall roof is two colors because they had to come back and
fix some leaks, but he will check on the other roof.
D. Suggested, regarding water conservation, that the City
needs to look at not allowing any more new swimming pools
until the crisis is over. Mr. Sweatt commented San
Antonio has vowed not to do that because of the industry
and jobs. There are still lots of pools being installed.
Mr. Potempa asked if Cibolo passed their ordinance
prohibiting sprinklers and thought maybe Schertz should do
that.
Mr. Swinney interjected the observation that FM 3009 is
starting to look like a used car lot. In the last two days
he has seen 15-20 cars for sale parked along there. Can we
do something about it? Mr. Sawyer asked if we could
ordinance that activity. Mr. Sweatt replied it's on
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private property. Mr. Sawyer agreed it's on private
property, but wondered if the property owner knows about
it. Does he know he's being taken advantage of as a used
car lot without getting a fee for it? How can we control
it on private property? Mr. Sweatt answered it's a strict
violation of the Zoning Ordinance if it's not zoned for
outside sales. If it's in a category zoned for outside
sales, you're pretty close to crossing that line if you
tell someone they can't do it on their private property.
Mr. Swinney thought perhaps it's a violation of the Sign
Ordinance. Mr. Sweatt mentioned the possibility of
getting a permit signed by the property owner. Mayor
Baldwin suggested designating a lot somewhere that everyone
could use. Mr. Sweatt promised to check into the options
available to the City.
Mr. Greenwald: A. Announced there's a BVYA softball
tournament Thursday, Friday and Saturday of this week
probably part of Sunday too. Mr: Sweatt reported
receiving a letter from a Live Oak citizen upset about
having to pay fees to attend a BVYA game and he wants the
fees refunded.
B. Remarked in the VFW Texas newspaper, on page 3, there's
a group picture of the Council in their VFW hats.
#6 ITEMS BY MAYOR: A. Inquired when Council is
scheduled to do the City Manager's evaluation. It was
decided to schedule it for the workshop of July 10th.
B. Reported they
$11,545 from LCRA.
lighting, etc.
were pleased to accept a check today for
It's a grant for the xeriscape park for
Mr. McDonald asked how far that will go and Mr. Sweatt
answered it will be enough for the lighting project. They
actually submitted three applications - one for a gazebo,
one for a parking lot and one for lighting. He will put a
copy of the drawing for the lighting in Council's next
packet.
#17 ADJOURNMENT: On a motion by Mr. Potempa, seconded
by Mr. Swinney and unanimously approved, the meeting was
adjourned at 8:02 p.m.
4~
Mayor, City'of Schertz, Texas
ATTEST:
~~
City Secretary, City of Schertz
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