Loading...
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. -393- 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 -394- 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) -395- 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 -396- 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. -397- 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 -398- 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 -399- 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 -400- 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. -401- #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. -402- 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 -403-