Loading...
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 -326- 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. -327- '""' 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 -328- 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. -329- 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. -330- 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 -331- 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 -332-