ccreg 08-20-1996
REGULAR SESSION OF THE CITY COUNCIL
AUGUST 20, 1996
The Schertz City Council convened in Regular Session on
Tuesday, August 20, 1996 at 7:00 p.m. in the Council
Chambers of the Municipal Complex, 1400 Schertz Parkway,
Schertz, Texas. The following members were present: Mayor
Hal Baldwin, presiding; Councilmembers Charles McDonald;
Joe Potempa; Timothy Swinney; Earl Sawyer and Ken
Greenwald. Staff present were City Manager Kerry Sweatt
and City Secretary Norma Althouse.
Mayor Baldwin welcomed everyone and asked them to rise and
join him in the Pledge of Allegiance to the flag.
#1
APPROVAL OF MINUTES: A.
B.
C.
D.
E.
Special Session 6-12-96
Regular Session 6-18-96
Special Session 6-26-96
Regular Session 7-02-96
Special Session 7-10-96
Mr. Sawyer moved to approve the minutes, as written, for
the Special Session 6-12-96, the Regular Session 6-18-96,
the Special Session 6-26-96, the Regular Session 7-02-96
and the Special Session 7-10-96. Mr. Greenwald seconded
the motion, which carried with the following votes:
AYES: Councilmembers McDonald, Potempa, Sawyer, Swinney
and Greenwald.
NAYS: None.
ABSTENTIONS: Mr. Swinney for 6-12-96 and 6-18-96.
#2
speak on
items not
HEARING OF RESIDENTS: Those citizens wishing
agenda items (other than public hearing items)
on the agenda, will be heard at this time.
to
or
Barry Sandi ten had signed up to speak on behalf of Forest
Ridge Subdivision. Mr. Sanditen stated a public hearing
had been held by the Council on a request to rezone 121
acres from PUD/GB/M-l to R-6 (gated) and Council denied the
request. There had been some concern about Wiederstein
Road access and questions about drainage which were not
addressed to the satisfaction of Council. They are now
prepared to discuss these issues and would like to have
another chance to do so before Council. Mr. Sanditen said
he was prepared to answer questions tonight, but would
prefer they be rescheduled and have another chance to
answer questions and address the issues of concern.
Mr. Potempa recommended this subject be included as an
item on next week's workshop. Mr. Swinney thought Mr.
Sandi ten had some good points which need to be clarified
and wanted a consensus of Council to put this back on the
agenda for discussion.
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Mayor Baldwin reviewed the fact the zoning change request
was turned down, so in order for them to come back in less
than one year, it would have to be a different type of
zoning request.
Mr. McDonald asked if they couldn't request a
reconsideration of Council's motion. Mr. Greenwald and
Mr. Swinney both felt they could reconsider if there
wasn't enough information obtained from the first hearing.
Michael Spain verified that from a parliamentary procedure
aspect, they could make a motion to reconsider the previous
motion.
The consensus of Council was to schedule this as an action
item on the workshop session of August 28th. Mayor Baldwin
suggested they be prepared to make a . full-blown
presentation at that time.
#3 ORDINANCE: Consider and take action on final
reading of ordinance rezoning 10.37 acres from Neighborhood
Services (NS) to Residential Dwelling District R-6 (Gated).
(Mike Lancaster)
Mr. Sweatt reminded Council that included in their packet
is a letter and some photographs from Mr. Lancaster
regarding a question that had come up about school bus
stops outside the gates.
Mayor Baldwin introduced an ordinance and read the caption
as follows:
ORDINANCE NO. 96-S-25
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS, AMENDING THE ZONING ORDINANCE NO. 87-S-1
BY REZONING APPROXIMATELY 10.37 ACRES OF LAND OUT
OF GUADALUPE COUNTY AND REFLECTING SUCH CHANGES
ON CERTAIN ZONING MAPS IN ACCORDANCE WITH THE
SCHERTZ ZONING ORDINANCE.
Mr. Greenwald moveq to approve the final reading of an
ordinance rezoning 10.37 acres from NS to R-6 (Gated). Mr.
Sawyer seconded the motion.
Mr. Swinney stated the bus stop idea is fantastic and
asked Mr. Lancaster if he had set up some sort of
maintenance schedule to keep it looking good because we all
know students are not as neat as they should be sometimes.
Mr. Lancaster replied yes he had and he also spoke with
someone from the school district who said if it became a
real problem, they would see that it was corrected.
Mr. Swinney then asked if a covered trash can would be
provided at the bus stop and also some sort of lighting.
Mr. Lancaster replied there will be a covered trash can,
but as far as the lighting, it will be minimal. They don't
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want to encourage students to hang out there.
Mr. McDonald commended Mr. Lancaster saying he had bent
over backwards to answer all his questions. His
presentation was excellent. There were five citizens who
spoke against it, which Council took into consideration.
He wishes Mr. Lancaster would put it somewhere else and
then he could be 100% behind the project.
Mr. Potempa, referring to some remarks he made previously,
emphasized he thinks Schertz has the finest Police
Department, but when you put a gate around a community, it
makes it appear the Police Department isn't all that good.
However, after talking with people who consider this a way
of life and after receiving numerous phone. calls to
reconsider, he will vote yes for the ordinance.
Mr. Swinney remarked he was also against the gates
initially, but Mr. Lancaster has done an outstanding job
of working with the City and with the citizens. It's very
well-planned. It's probably the best use of the land
considering the feedback the Woodland Oaks Homeowners
Association has given Council. He will also vote yes for
the ordinance.
Mr. Greenwald commented he has no problem with
communities. He thinks they are a fad and in 5-10
the City will probably end up owning the streets.
one of the reasons the UDC requires streets to be
current standards and be inspected to meet
standards.
gated
years
That's
built to
current
At this time the vote was taken and the motion carried with
the following results:
AYES: Councilmembers McDonald, Potempa, Sawyer, Swinney
and Greenwald.
NAYS: None.
Mayor Baldwin observed that since this is being passed
prior to adoption of the UDC, he assumes Mr. Lancaster
doesn't have to comply with the UDC. Mr. Greenwald told
Mayor Baldwin that's wrong. Except for the size, Mr.
Lancaster initially agreed to comply with the regulations
of the UDC and has already presented to the City the
Homeowners Association Plan, the dues plan and the
maintenance schedule.
#4 ORDINANCE: Consider and
reading of ordinance rezoning
Apartment/Multi-Family Dwelling
Neighborhood Services (NS). (Veytia
take action on final
8.61 acres from
District (R-4) to
Properties)
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Mayor Baldwin introduced an ordinance and read the caption
as follows:
ORDINANCE NO. 96-S-26
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS, AMENDING THE ZONING ORDINANCE NO. 87-S-1
BY REZONING APPROXIMATELY 8.61 ACRES OF LAND OUT
OF GUADALUPE COUNTY AND REFLECTING SUCH CHANGES
ON CERTAIN ZONING MAPS IN ACCORDANCE WITH THE
SCHERTZ ZONING ORDINANCE.
Mr. Sawyer moved to
ordinance rezoning 8.61
seconded the motion,
votes:
approve the final reading of an
acres from R-4 to NS. Mr. Swinney
which carried with the following
AYES: Councilmembers McDonald, Potempa, Sawyer, Swinney
and Greenwlad.
NAYS: None.
#5 ORDINANCE: Consider and take action on
reading of ordinance authorizing a Tax Abatement and
Abatement Agreement with Security Capital Investment.
first
Tax
Mayor Baldwin introduced an ordinance and read the caption
as follows:
AN ORDINANCE
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS, APPROVING A TAX ABATEMENT AND A TAX
ABATEMENT AGREEMENT FOR AND WITH SECURITY CAPITAL
INDUSTRIAL TRUST, A PROPERTY OWNER IN THE CITY OF
SCHERTZ.
Mr. Sweatt advised that Mark Marquez, representing the
City, and Patrick Brewer, representing the owner of the
property, are both present to answer questions. Security
Capital is planning to build a $6,000,000 building on a 12
acre tract in the Tri-County Business Park. It will be a
244,000 square foot tilt-wall building with some office
space. This is the largest single capital investment in
the history of the City of Schertz. The total project is
estimated to represent an investment of $6,785,000,
$6,000,000 of which is the building, $535,000 is the land
and $250,000 is personal property.
The Economic Development Commission has
request and is recommending approval of a
abatement for 90% of the ad valorem tax value.
will still net the City $5003 in tax revenue.
reviewed the
ten-year tax
Overall, it
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Mr. Greenwald moved to approve the first reading of an
ordinance authorizing a Tax Abatement and Tax Abatement
Agreement with Security Capital Investment. Mr. Swinney
seconded the motion.
Mayor Baldwin stated this is a major development in the
City of Schertz. This is the gem in the crown so far of
development in the Tri-County Business Park. We owe a debt
of gratitude to the Economic Development Commission and to
the staff (Mark Marquez and Mr. Sweatt) for bringing this
company in here.
Mr. Sweatt distributed a copy of an article from the San
Antonio Business Journal regarding this project. They had
anticipated this might not be released depending upon the
tenant's status.
Mr. Brewer admitted it's difficult to keep a secret on the
streets. He was sure American Standard will have a press
release forthcoming. They have two real good prospects to
fill the remaining square footage.
The vote was taken at this time and the motion carried as
follows:
AYES: Councilmembers McDonald, Potempa, Sawyer, Swinney
and Greenwlad.
NAYS: None.
#6 PUBLIC HEARING: To receive citizen cOmments
regarding adoption of Unified Development Code (UDC).
Mayor Baldwin explained the procedures to be followed for
the public hearing.
Mr. Sweatt reminded Council each of them have received
copies of the UDC which is a compilation of the Zoning
Ordinance, the Subdivision Ordinance, the Sign Ordinance,
the Mobile Home Ordinance and the Flood Plain Ordinance.
It is the result of a lot of hard work by the Planning and
Zoning Commission and the Planning Department staff. All
these ordinances have been compiled into one code book.
All redundancies have been eliminated and confusion between
one particular set of standards and another have been
corrected. The City Attorney has reviewed it in minute
detail. The Sign Ordinance has been revised to comply with
our new understandings of constitutionality as they apply
to advertising. The primary changes were in the Sign
Ordinance. The rest of it is fairly much straightforward.
It is felt it will be a handy tool not only for staff and
the Planning and Zoning Commission, but for new developers
coming into the City. It is a compilation of the Zoning
Ordinance, and as such, any future changes will necessitate
a public hearing.
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Mr. Swinney had some questions about gated cOmmunities.
Back in July there was some discussion about how strong the
enforcement was for maintenance of walls and they were
going to check into it. Council didn't want to assume
anything. He asked Merwin Willman if there's anything
specific in the code about gated communities being
responsible for the maintenance and structure of the walls.
Have we considered that any new walls going up need to have
a special kind of paint to prevent graffiti?
Mr. Willman indicated they had not considered addressing
special paint for walls/fences, but he did bring a copy of
the maintenance agreement for City Council to read.
Mr. Sawyer told Mr. Willman there had been concern
earlier about a large hole in the fence at Dove Meadows and
they were wondering how they could force the homeowners
association to be responsible for repairing it. Mr.
Sweatt reported the fence in Dove Meadows has been
repaired.
Mr. Sweatt pointed out that even under the zoning, it says
a homeowners association shall be established with direct
responsibility, by the property owners involved, to
maintain all common areas, walls and facilities, including
private streets and sidewalks which are part of the
subdivision.
There was discussion about the maintenance agreement and
whether or not it had any teeth.
On the subject of gated communities, Mr. Potempa asked
that the City Manager get a copy of a recent ordinance that
came out in the City of San Antonio about charging fees for
the operation of gated communities.
Mr. McDonald mentioned that his pet peeve is the section
on home occupations. If he had a home occupation, only a
truck weighing up to a maximum of 3/4 ton could make a
delivery to him. His neighbor could have an 18 wheeler
make a delivery, but he couldn't. UPS couldn't deliver to
his house.
There was discussion about deliveries to a person with a
home occupation. Mr. Sweatt felt they wouldn't use any
one factor against a person. If however, a person was
collectively in violation, you'd want to use something like
this against them. Mr. McDonald felt if it's not going to
be enforced it shouldn't be in the code.
Mayor Baldwin reviewed the points of view on delivery to a
home occupation and asked if anyone else agreed with Mr.
McDonald.
Mr.
they
sawyer thought the UDC should be passed as is because
can always revise it. Mr. Spain reminded him it is
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not that simple because a change requires a public hearing.
Mr. Swinney thought it better for a law to be too strict
and enforced with judgment versus not being strict enough.
In Mr.
normally
and Mr.
consensus
page 199.
McDonald's op~n~on, this restriction asks a
upright person to violate the law. Mr. Greenwald
Potempa agreed with Mr. McDonald, so the
of the Council was to eliminate paragraph K on
Mr. Swinney again mentioned maintenance of walls and said
he doesn't see anything in the UDC that addresses that
specifically. Under homeowners association on page 68 it
does deal with walls, but he would like to make a few
simple changes in the wording. It says the HOA will be
responsible for it, but you can be responsible for
something and not correct it. Mr. Spain implied they can
certainly add the maintenance of walls to the HOA
agreement. Within the agreement the HOA is required to
make a deposit of funds. It may be as simple as adding
walls to the list of things covered by the HOA agreement.
Mr. Swinney, still feeling it's not explicit enough, said
there's no mention of the kind or quality of maintenance.
Mr. McDonald pointed out it takes civil action to enforce
the HOA agreement. Violation of the UDC is a violation of
an ordinance. Mr. Swinney then asked if it gives a time
limit if they violate the ordinance. If a HOA has a big
gaping hole in a wall and doesn't repair it for a year,
there's nothing in the ordinance they're violating. They
can claim they're going to get around to repairing it
sooner or later. Just a few more words giving it a little
teeth or timeliness gives the City something to stand on.
Mayor
make
it's
Baldwin wasn't sure the City has the authority to
them repair it. If it's in the HOA agreement, then
up to the homeowners to demand the HOA repair it.
Mr.
Swinney questioned if the City doesn't have the right
to demand that certain standards be maintained by
communities coming in here. Mayor Baldwin admitted the
City may have that right, but he thinks it ought to be
discussed outside the guidelines of an HOA.
Mr. Swinney was adamant about wanting some standards for
gated communities. He has seen nothing in writing that
could force an HOA to repair a gaping hole in their fence.
Mayor Baldwin read from the same paragraph Mr. Sweatt had
read from earlier where it lists those things the HOA is
responsible for and noted it's not up to the City of
Schertz to enforce it. Mr. Spain, once again, indicated
walls can be added to the list of things covered under the
HOA agreement. Mr. Spain, reading from the HOA agreement,
pointed out it says if the HOA defaults in it's obligation
for maintenance and renovation work, the City has the right
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to enter into the subdivision and repair what needs
repairing and the HOA shall immediately reimburse the City
for its cost.
Mr. Swinney then asked about timeliness. Mr. Spain
replied you can say promotlv reoaired, but you can't say
within 48 hours.
Mr. Potempa
removal of
included in
questioned the problem of graffiti. Is
it or the prevention of it with special
the maintenance of walls?
the
paint
Mr. Spain asked if just because a gated community has a
wall, should they have a greater obligation to eliminate
graffiti than a regular subdivision which is not obligated
to do so. Mr. Swinney questioned if a gated. community
isn't setting itself apart from other subdivisions. Mr.
Sweatt commented other developers have masonry walls and
are not required to use special graffiti paint.
Mr. Potempa asked who's responsible for removing the
graffiti and Mr. Sweatt answered the HOA. Mr. Spain said
when you're asking who's responsible, he's not sure the HOA
is obligated to remove it, but they may choose to and it's
certainly not the City's obligation to do it.
Mayor Baldwin mentioned he thinks you can over regulate.
Mr. Swinney insisted he's not advocating a graffiti
ordinance. There are, however, going to be more walls and
therefore more graffiti. This problem needs to be
addressed.
Mr. Willman asked how you set standards for that
thing. Mr. Sawyer commented if Council wants a
ordinance, then they need to direct staff to write
kind of
graffiti
one.
There being no further questions or discussion, Mayor
Baldwin closed the public hearing.
At this time Council took a short break.
#7 ORDINANCE: Consider and
reading of ordinance approving
Development Code. (UDC)
take action
adoption of
on first
Unified
Mayor Baldwin introduced an ordinance and read the caption
as follows:
AN ORDINANCE
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS, ADOPTING A UNIFIED DEVELOPMENT CODE (UDC),
IN ACCORDANCE WITH ALL REQUIREMENTS PRESCRIBED BY
LAW, TO TREAT IN ONE UNIFIED TEXT THE RULES AND
REGULATIONS OF THE ZONING ORDINANCE, SUBDIVISION
ORDINANCE, SIGN ORDINANCE, MOBILE HOME ORDINANCE
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AND FLOOD PLAIN ORDINANCE; PROVIDING VIOLATIONS
AND PENALTIES; PROVIDING A REPEALING CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; AND, PROVIDING
AN EFFECTIVE DATE.
Mr. Sawyer moved
ordinance approving
Code (UDC).
to approve the first reading of an
adoption of the Unified Development
Mr. McDonald asked that the motion be amended to indicate
elimination of the current Paragraph K in Section XVI 12.3,
Home Occupations Required Conditions, regarding
deliveries by trucks weighing only up to a maximum of 3/4
ton.
The motion was so amended and Mr. Greenwald seconded it.
Mayor Baldwin mentioned they had taken care of Mr.
McDonald's concerns by agreeing to eliminate the current
Paragraph K regarding deliveries and now they need to
address Mr. Swinney's concerns about maintenance of walls.
Mr. Greenwald, acknowledging this is only the first
reading and they still have to discuss this at one more
workshop before having the final reading on the agenda,
recommended the City Attorney come back with some kind of
recommendation and wording to cover maintenance on the
walls and the removal of graffiti.
Mr. Swinney mentioned he would like to see something as
simple as a statement regarding the timely and proper
maintenance of the walls. That provides better guidelines.
Mr. Spain commented he can do it in a combination of ways.
He can put the wording in the HOA agreement, he can put the
wording in the ordinance, or he can put the wording in
both. After discussing what would be more effective,
Council agreed it should be in both the HOA agreement and
the ordinance.
Mayor Baldwin asked if there's any other portion of the UDC
that anyone is concerned about. Mr. Swinney wanted to
make sure the wording in the HOA agreement and in the
ordinance would cover the problem of graffiti and was
assured by Mr. Spain it would.
At this time the vote was taken, and after amending the
original motion regarding Paragraph K under the Home
Occupation Section and assuring the City Attorney would
come up with some wording covering maintenance of the walls
and the problem of graffiti, the motion carried with the
following votes:
AYES: Councilmembers McDonald, Potempa, Sawyer, Swinney
and Greenwald.
NAYS: None.
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#8 APPOINTMENTS: Consider and take action
regarding appointments to Board of Adjustment (BOA).
Mayor Baldwin declared this is the appointment and renewal
of two year terms for Anita Clark and Joyce Briscoe to the
Board of Adjustment and the appointment of James Harris,
for two years, as a regular. Mr. Harris has previously
served as an alternate, but will replace Norman Slocum and
Mr. Slocum will become the alternate.
(At the workshop last week, Mr. Potempa asked about
appointing a Councilmember as an alternate since he was
appointed last year. Upon researching the question, it was
discovered that Mr. Potempa had been appointed last year
as an alternate for a two-year term, so a reappointment
won't be necessary until next year.)
Mr. Sawyer moved to appoint Anita Clark, Joyce Briscoe and
James Harris as regulars and Norman Slocum as an alternate
to the Board of Adjustment. Mr. McDonald seconded the
motion, which carried with the following votes:
AYES: Councilmembers McDonald, Potempa, Sawyer, Swinney
and Greenwald.
NAYS: None.
#9 POLICY CHANGE: Consider and
authorizing a change to Section 9.02 of
Policy regarding a change in termination pay
take action
the Personnel
policy.
Mr. Sweatt requested the City Council, by motion, allow
them to remove and revise the provisions of the Personnel
Policy that currently require a notice of a minimum of ten
working days for a person to be allowed to be paid for any
accrued but unused vacation time upon their resignation.
With that one change , it will allow the City to pay, upon
termination, any employee who has any accrued but unused
vacation time.
Mr. Potempa moved to authorize a change to
the Personnel Policy regarding a change in
policy. Mr. Sawyer seconded the motion,
with the following votes:
Section 9.02 of
termination pay
which carried
AYES: Councilmembers McDonald, Potempa, Sawyer, Swinney
and Greenwald.
NAYS: None.
#10 CITY MANGER'S REPORT: Reminded Council of the
budget workshop scheduled for tomorrow evening at 7:00 p.m.
#11 ITEMS BY COUNCIL: Mr. Potempa: Reported that
this evening they had 1/2" of rain in the City of Schertz.
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Mr. Sawyer: A. Noted the blue sign that was down by the
park and FM 1518 is gone, but the tape is still there.
There is a blue sign wrapped around a pole with tape on
Randolph Avenue and there is an unauthorized garage sale
sign on the ground on the corner by the First Baptist
Church.
B. Noticed in going through some of his old papers, that
payment in lieu of taxes has not changed from $200,000 for
several years and he wondered why. Also he thinks the City
used to receive something from the Housing Authority in
lieu of taxes. Mr. Sweatt remarked they haven't received
anything from the Housing Authority for the past eight
years and Mr. Sawyer asked him to check into it.
Mr. Swinnev: A. Asked the status of clearing out the PVC
pipe, junk trailers and junk cars in b~ck of the VFW. Mr.
Sweatt said he would check with the inspectors.
Along that line, he
considered a hazard.
structurally sound.
asked if the old movie
Mr. Sweatt replied the
screen
screen
is
is
B. Announced he is the newest member of the VFW life
chain.
Mr. Greenwald: Mentioned that whoever is doing the work
along FM 78, it looks gorgeous.
Mr. Sawyer had one more thing to add. He welcomed the
student from Samuel Clemens who has been sitting in the
back taking notes.
#12 ITEMS BY MAYOR:
saying the student from
Briscoe's government class.
Added to Mr. Sawyer's remarks,
Samuel Clemens is from Joyce
Before adjournment, Mr. Sawyer asked if the Mayor had
given Mr. Sweatt copies and information about his
evaluation yet. Mayor Baldwin replied he had not, but had
told Mr. Sweatt he would be getting together with him.
#13 ADJOURNMENT: On a motion
seconded by Mr. Swinney and unanimou
meeting was adjourned at 8:10 p.m.
~~
Mayor, City of Schertz, Texas
by Mr. Sawyer,
y approved, the
ATTEST:
~ /l/-r~
City Secretary, City of Schertz
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