ccswks 07-14-1993
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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,