Loading...
ccswks 07-14-1993 196 SPECIAL MEETING OF THE CITY COUNCIL JULY 14, 1993 The Schertz City Council convened in Special Workshop Session, Wednesday July 14, 1993 at 7:00 p.m. in the Conference Room of the Municipal Complex, 1400 Schertz Parkway, Schertz, Texas. The following members were present: Mayor Earl W. Sawyer, presidingj Joe Potempa; Hal Baldwinj Mary Marsh and Ken Greenwald. Absent: Barbara Stanhope. Staff present were City Manager Kerry Sweatt and City Secretary June Krause. #1 HEARING OF RESIDENTS: None #2 Discuss final consideration of an ordinance amending Section 18-45 of the Code of Ordinances providing restrictive vehicle weight limits for Lower Seguin Road. Mayor Sawyer advised he had received a call from a farmer who said they sometime have vehicles weighing about 38,000 pounds. He said he explained to this man the reason for the ordinance was to keep the large trucks from the construction company from further tearing up the road. He also said he and Mr. Sweatt would be meeting with the Randolph Base Commander on the 30th to discuss this matter. He, therefore, recommended tabling this item until after this meeting. Mr. Sweatt suggested exempting public school vehicles and farm vehicles. #3 Discuss final consideration of an ordinance on the revocation of Excel Cable Franchise. Mayor Sawyer said he did not see any problem with this ordinance and received no further comments from Council on this item. Code Guns, #4 Discuss first reading of an ordinance amending the by repealing Section 10-71, Exception, of Article IV "BB" Guns, Pellet Guns. Mr. Sweatt reminded Council this had been discussed at the last workshop when a gentleman was present to complain about discharging firearms in his area. He added that the exception in the ordinance has proven difficult to enforce. The Police Chief has given orders to his officers that if the ones shooting are any where near a residence, they are in violation. We, therefore, prepared an ordinance removing the exception. He advised that if Council did not want to remove it entirely, they might consider an exception that would allow for a permit for a specific length of time. 1~7 Concerning the danger in the Lone Oak area, the discharging of firearms is taking place outside the city limits where we have no control. This area falls within Cibolo's ETJ. He said the enforcement in that area would be difficult and that is probably what people rely on. Mr. Sweatt suggested Council consider this ordinance eliminating the exception and let staff continue to look into this as a nuisance in our ETJ to see if that might bring some relief. Mrs. Marsh said she had given this a lot of thought and felt this would punish the hunters - and there are a lot of good, safe hunters who are involved in conservation. She said she would like to see some provision where hunters could hunt, if invited by the property owner, perhaps by issuing a permit indicating they would have to be at least one mile from residential area. You could perhaps limit it to shotguns. Mr. Greenwald said Council had done nothing to fix Mr. Jarmin's problem by changing this ordinance. He said they were penalizing the farmers who have small animal and snake problems. That would be unfair. He said he could understand these people's problem; but the only way he could see to help would be to annex the area and it is not in our ETJ. Mr. Potempa mentioned that 13th Row is partially in the city and portions along FM 1518 where they set up tents and lease to hunters. As soon as they sun goes down, they start shooting. Mayor Sawyer suggested bringing in the Game Warden to see if some of that illegal hunting could be cleared up. Mrs. Marsh agreed with that for illegal hunting but still felt we should keep the ordinance we have but tighten it up by restricting to one mile from any residential area. Mr. Baldwin said he could remember this same discussion years ago. He said there is a world of difference between a man going out an shooting skunks and snakes and someone hunting or shooting for fun. Mr. Greenwald suggested making the restriction to be within one mile of a platted subdivision. He realized it would be prohibitive but if a farmer goes out and kills a snake, who would know it. Mayor Sawyer suggested going with the restriction and see how many complaints come in from hunters and farmers. #5 Discussion of Board of Adjustment Hearings set for July 20th: 198 A. Request by Debee Wolfgang of 209 Westchester for a Special Exception to allow a doll house to remain in the utility easement behind the property. Mr. Sweatt indicated this is somewhat complex as explained in the memo to Council from P&Z. This lot is quite shallow and is covered by the house. The doll house was placed in the easement over an electric line buried only 30 inches deep. P&Z approved this request providing the applicant could get a release from GVEC. He added that we are quite concerned that this high volume line is so near the surface. Mrs. Marsh indicated she thought the P&Z proposal made sense. Mr. Greenwald mentioned that apparently the lady's father was down visiting and sunk the post and built the doll house one weekend. Mayor Sawyer reminded that the law says you can still use the land but if the need arises, the utility company has the right to go down the easement regardless. Mr. Greenwald easement this owners have had beginning. said even part of the house house should never have been problems with this house is in built. since the All the Mr. Baldwin said he was not in favor of a permanent building on an easement, with the Mayor agreeing with him. Mr. Potempa said he was also worried about that electric line. Mr. Greenwald suggested asking them to cut the poles and put the building on skids, then it would not be a permanent structure. Mr. Sweatt reminded Council that the Board of Adjustment Hearing is set for July 20th and notices have gone out. Mayor Sawyer suggested discussing this at the BOA Hearing and getting GVEC's concurrence. B. Request by Kerry R. Gilbert & Associates on behalf of Wheatstone Development Corporation for two Special Exceptions: (1) front yard setback reduction from 25' to 20'. (2) side yard setback reduction from 15' to 10'. Mr. Sweatt advised that the BOA Hearing has been set for these two items and there is also a public hearing for a zoning request change on this development. This request is for the proposed Dove Meadows Subdivision. Planning & Zoning met the previous night and there were no negative 10~ comments comments side to that P&Z on the front yard reduction. on the side yard reduction from 5 feet each side. He said it was recommended approval. There were some 7-1/2 feet each his understanding Mr. Sweatt also advised that, as part of our zoning, our ordinance calls for park areas. They propose a public park and a homeowner's park and use the drainage area as a walking area for the public park. We feel this is good use and are discussing some plans for this. The zoning request consolidates the present types of zoning into a R-6 (Single Family) zoning. #6 Discuss Public Zoning Hearing set for July 20th on a request by Kerry R. Gilbert to rezone an 86.6 acre tract of land to be known as Dove Meadowns Subdivision to R-6 zoning. Mayor Sawyer remarked that this zoning had been discussed in the previous item discussion. No one had any objections. #7 Discuss request for annexation by residents of the Tom Williams Subdivision near FM 1518 in Bexar County. Mr. Sweatt said we received this request back in February. Council discussed it at workshop and decided the petitioners should go to San Antonio Planning and obtain a release before we could consider their request. We have now received another letter from the group asking that we prepare a letter to San Antonio saying the City of Schertz would consider annexation if San Antonio would release the land. Mr. Sweatt asked if this would be Council's directions to him. Mayor Sawyer, Mrs. Marsh and Mr. Potempa all agreed to ask the City Manager to write the letter. Mr. Greenwald said they are still concerned about the AICUZ and they wanted someone to protect it even if they did not. Mr. Baldwin said it bothers him that only 27 percent of the property owners have signed the petition request. He suggested that if we are going to ask San Antonio to release this area, we should really ask them to release everything from I-lO to the Cibolo Creek. Mayor Sawyer agreed and received concensus of Council to proceed. #8 City Manager's Report: A. We have been negotiating the final contract with Canyon Regional Water Association for some time. At an earlier meeting, Council agreed to membership in CRWA. He said he and the City 200 Attorney had reviewed the contract and, with Council permission, would like to put it on the next action agenda. B. Reported on the Mobile Villa project advising they have the plans for the water line and now the proposed sewer line with lateral lines running within the subdivision. When that work is completed, then we will start the street work. Hopefully we can start the bidding process the end of July. C. We would also like to place on the next action agenda awarding of bids on surplus City vehicles. Bids are to be opened the next day and will have recommendations for the Council at the meeting. D. He called everyone's attention to the fact that we have a celebrity in our midst Mrs. Marsh received the Outstanding Alumni of Kentucky (OAK) award. Mrs. Marsh, a graduate of Murray State University, was selected by the Kentucky Advocates for Higher Education, Inc. #9 ITEMS BY COUNCIL: Mrs. March: A. Saturday morning. proceeds will go The family needs operation when the Reminded everyone of the VFW Breakfast on The VFW has donated the supplies and the toward the Megan Byler liver transplant. about $22,000 additional money for the liver is available. Mr. Potempa: A. Mentioned that solicitors are coming out of the walls. He explained of one experience he had where the police did not respond to his first call and only arrived forty minutes after the second call. Mr. Sweatt was to check into this. B. One of the BVYA teams got the Gold Allstar Team award. He asked if they could get pool passes as a reward for this team. Mr. Greenwald: A. Mentioned that BVYA has a big Softball Tournament this weekend with from 53 to 73 teams involved. The will start Thursday or Friday night. They are also in the process of starting the fall baseball/softball. This will get another 700 kids involved. Mr. Sweatt said we have had some expressed interest from a church adult team to use the fields. Mr. Baldwin mentioned that the following evening the BVYA Girls Softball is sponsoring and selling chicken dinners at the BVYA building. B. He and John Bierschwale attended the Canyon Regional meeting the previous Monday. He will furnish copies of the minutes and pages from the agenda packet to Council. ---------- 201 C. Mentioned that in noticed where the EPA Municipal Landfills. the previous days proposed a new set newspaper, he of rules for #10 ITEMS BY MAYOR: A. At the next meeting we plan a proclamation in support of the people who helped build and pay for "Eddie's Room" for the victim of a pass-by shooting. B. Mr. Keumpel said he is working on getting the Highway Department to get started on FM 78. He is aware of the problems and is working on them. #11 ADJOURNMENT: meeting was declared Sawyer. There being no further business, the adjourned at 8:32 p.m. by Mayor ATTEST: ~J 'h/J4<<MI/ / Mayor, City of Sc~tz, Texas ci'-fietary,