ccreg 06-16-1987
/
I
153
REGULAR MEETING OF THE CITY COUNCIL
JUNE 16, 1987
r
I
I
!
The Schertz City Council convened in Regular Session, Tuesday,
June 16, 1987, at 7 :00 p.m. in the Council Chambers of the
Municipal Complex, 1400 Schertz Parkway, Schertz, Texas. The
following members were present: Mayor Earl W. Sawyer, presiding:
Charles B. Sharpe, Hal Baldwin, Adolph Aguilar and Ken Greenwald.
Absent: Councilman Ray Stanhope. Staff present were Ci ty
Manager Jimmy G. Gilmore and City Secretary June G. Krause.
PUBLIC HEARING: Mayor Sawyer opened the public hearing advising
that the purpose of this hearing was to receive input from the
public on the proposed annexation of 369.904 acres of land out of
Bexar County. The location being along Schaefer Road. He then
asked for input from the audience.
Cf:
<: ..! ('1
"
}J1
1. Richard Hammel presented a petition which he claimed was
signed by 95% of the people in the area under discussion. He
stated there were 2 people who refused to sign and a few others
he was unable to contact.
,---
r
)
2. George Gillihan of 201 Moonlight Meadows posed several
questions to Council such as: 1. What is the proposed tax
! revenues from this area: 2. what services will the city provide:
3. what about public works, streets and drainage: 4. will there
be city inspections: 5. zoning: 6. what are the projected annual
costs to provide these services: 7. what revenues will be lost
by the annexation: 8. how many asphal t miles in the area: 9.
what will be the cost of maintenance: 10. how many pOlice
officers do you plan on adding because of this annexation: 11.
how many extra water and street department personnel will be
needed: 12. will you need to add an inspector: 13. do you have
surplus revenues: 14 why do you want to annex.
3. Chris Anderson of Lost Meadows said they moved there to get
out of a city and she could not see how the city could give them
anything they did not already have.
4. Joan Harris referred to a statement by the City Manager that
the average taxes would be $190. She then asked what is the
average price house that is owned by the citizens of Schertz.
Mr. Gilmore said he could not answer that off hand.
5. Jim Harris said that half of his house is in Schertz and he
had just received his 1987 tax assessment, which showed the tax
rate would go down by 35% but the value increased by 380%.
r--
!
I
!
6. James McBride said he was present to say that he did not want
to be annexed. Mr. McBride also asked questions about the State
Annexation Act: particularly as it pertained to services for
newly annexed areas. When he was told that services would be
furnished wi thin three years comparabl e to other 1 ike areas, he
asked who determines what, areas are comparable. He also asked
the City's philosophy about strip annexations.
154
Mr. Baldwin explained that he worked for the City when most of
the strip annexations were taking place. At that time there was r:
a race between San Antonio and Schertz, so Schertz did the strip Ui
annexations to keep from being land locked.
Mr. McBride also asked if two or three people from Lost Meadows
asked to be annexed, would the City annex them. Mayor Sawyer
said that the residents of Lost Meadows are in the process of
applying for a grant right now and annexation would interfere
with that process.
7. Gary Furley said he lives in the area that is not being
considered for annexation but his concern was Schaefer Road - the
old Schaefer Road and wanted to know if that was a public road.
He said he was present to oppose the annexation
Mr. Aguilar said that from all Council has heard, he moved to
table this annexation and if it is ever considered again the
process be started allover again. Mr. Greenwald seconded the
motion, which carried with the following vote:
AYES:
NAYS:
Councilmen Sharpe, Baldwin, Aguilar and Greenwald
None
Mr. Baldwin commended Mr. Gillihan for his very professional
presentation.
Mayor Sawyer said he also appreciated all comments made and hoped 0 rl.
the audience would stay involved in government.
Mr. Gillihan said that had the city considered taking in Lakewood
Acres, they would not have been at the meeting.
Mayor Sawyer declared the public hearing closed at 8:05 p.m. and
called for a short recess.
The Regular Meeting was reconvened at 8:12 p.m.
#1 APPROVAL OF MINUTES: Mayor Sawyer said the minutes to
be considered are the regular meeting of May 5th, special meeting
of May 13th, regular Meeting of May 19th and special meeting of
May 27th, 1987.
Mr. Sharpe requested that item #1 of the regular meeting of May
5th, second paragraph be corrected to read: "Mr. Sharpe
requested that the second sentence of the second paragraph under
#9 be changed to read as follows: 'Also when Mr. Simonson makes
comments that are his own thoughts, they should be identified as
such and not as coming from staff'"
Mr. Aguilar asked that the last paragraph on page 5 of the
minutes of the regular meeting of May 5th, be corrected to read: 0
"Mr. Baldwin said that Council had talked at last meeting about
putting something in the VFW capsule."
;#~; ,~~ ,. \;t;.,. f: ,~.l ..
...
/'
~
r
I
\
I
j
155
Mr. Baldwin that the second sentence of paragraph 4 on page 10 of
the minutes of May 13th be corrected to read as follows: "He
said he appreciates the fact that Waste Management goes along
with that and he hopes we can work toward resolving the problems
encountered this year."
Mr. Baldwin also asked that all references to the school district
in the last paragraph of #7 of the minutes of the special meeting
of May 19 be changed to read ei ther "Schertz-Cibolo-Universal
City School District or the letters SCUCSchool District.
Mr. Baldwin also requested the second paragraph of item #7 of the
minutes of the special meeting of May 27th read as follows: "Mr.
Baldwin asked why we were not billing the water customers on
Aztex Lane for sewer where they had sewer service."
Mr. Baldwin asked to clarify the last sentence of fourth
paragraph of item #10 of the minutes of the special meeting of
May 27 by substituting "Mr. Gilmore" for "he" at the beginning.
Mr. Sharpe moved to approve the minutes of the regular meetings
of May 5th and 19th and the special meetings of May 13th and 27,
1987 as amended. Mr. Baldwin seconded the motion, which carried
with the following vote:
AYES:
NAYS:
Councilmen Sharpe, Baldwin, Aguilar and Greenwald.
None
#2 HEARING OF RESIDENTS:
Mrs. Boeck was present on behalf of the Boeck family, saying they
have been dealing with the City of San Antonio on the
deannexation of their property. Mrs. Boeck said she called the
San Antonio Planning Department and they are to be on the City
Council agenda on June 25th. She also said that she was told the
Council and Planning Department are now recommending denying the
request for deannexation. Mrs. Boeck said she was present to
request the City of Schertz send a representative to this meeting
on June 25th to answer any questions.
(J.~1 {)
<J?1~)
Mayor Sawyer said that he would suggest sending Mr. Simonson as
staff representative and perhaps Mr. Sharpe as Council
representative. Mrs. Boeck said the annexation committee wanted
to re-evaluate and now has turned it down.
Mr. Bob Zunker said he was an employee of the Alamo Electric
Produc ts Company on Lower Seguin Road. He said they have a
problem they would like for Council to look into. Due to the
recent rains, their plant actually got one half to one inch of
water in the building. The problem is there is no bar ditch on
their side of the road, so the water drains onto their property
and their neighbor's property. Mr. Zunker said the way it is now
their septic tank is flooded.
l?,tl ~ r
,---:--,.
JLV
loti
~~
~~
A~ l~
VQ \\\
Mr. Gilmore said Mr. Simonson had talked with them and had gone 0'
out and looked at the situation. He was working on what may be
done.
Mrs. Coralee Fenner said their neighborhood group had a meeting
and discussed this problem and she thought someone was taking it
up with Planning & Zoning at their meeting that was going on at
the p~esent time.
Mr. Dick Carty of 11675 Lower Seguin Road said he would like to
go on record in support of the previous speaker. He said the
water was so high he had to wear boots to get in and out of his
house. One other thing Mr. Carty wanted to ask was if there was
anything that could be done to up the speed limit on Lower Seguin
Road. There have been a number of tickets given out there and
the signs are no longer there. Mr. Carty said the story going
around is that this speed is what the Base Commander wants.
Mayor Sawyer said he didn't really care what the Base Commander
wants.
Mrs. Fenner said the same thing was asked at their meeting. It
seems the same people that asked for the speed to be lowered are
now asking that it be raised to at least 40 miles per hour.
Mrs. Margaret Carty asked if someone could come out to their area 0
and spray for mosquitoes. r
#3 ORDIRAHCE: Mayor Sawyer introduced an ordinance and
read the caption as follows:
ORDINANCE NO. 87-M-10
AN ORDINANCE ESTABLISHING A DEVELOPMENT
PERMIT SYSTEM AND ADOPTING REGULATIONS
REQUIRING DEVELOPMENT PERMITS ~OR
CONSTRUCTION IN FLOOD PLAIN AREAS HAVING
SPECIAL FLOOD HAZARDS: PROVIDING FOR REVIEW
OF SUBDIVISIONS: MAKING PROVISIONS RELATED TO
DEVELOPMENT WITHIN THE CITY OF SCHERTZ
DESIGNATED FLOOD PLAINS: VESTING THE CITY
MANAGER WITH THE RESPONSIBILITY, AUTHORITY
AND MEANS TO ADEQUATELY ADMINISTER AND
ENFORCE THIS ORDINANCE: PROVIDING A SAVINGS
CLAUSE AND FOR ~HE REPEAL OF ALL ORDINANCES
IN CONFLICT THEREWITH: PROVIDING' FOR A
PENALTY: AND CONTAINING OTHER PROVISIONS
RELATING TO THE SUBJECT.
Mr. Aguilar moved to consider the. final readi~g of this ordinance
favorably. Mr. Baldwin seconded the motion.
o
,. f
::.,
10 .,. .. t . ':.j;.f~~;'
~
157
,--.
Mr. Sharpe said Council needs to look at another ordinance for
some way of recovering money for drainage problems. Mr. Gilmore
said that would have to be in another ordinance.
Mayor Sawyer called for a vote on the motion before Council and
motion carried as follows:
AYES:
NAYS:
Councilmen Sharpe, Baldwin, Aguilar and Greenwald.
None
ORDINANCE NO. 87-S-11
<( /.y~q t
ce/
#4 ORDINANCE: Mayor Sawyer introduced and ordinance and
read the caption as follows:
r--
AN ORDINANCE ADOPTING ARTICLES 974a AND 970a,
REVISED CIVIL STATUTES OF TEXAS: REGULATING
THE SUBDIVISION OF LAND WITHIN THE CORPORATE
LIMITS AND WITHIN THE APPROPRIATE SURROUNDING
LANDS: ESTABLISHING SUBDIVISION DESIGN
STANDARDS: PROVIDING FOR IMPROVEMENTS TO BE
MADE OR GUARANTEED TO BE MADE BY THE
SUBDIVIDER AND PRESCRIBING THE SPECIFICATIONS
OF SUCH IMPROVEMENTS: REQUIRING AND
REGULATING THE PREPARATION AND PRESENTATION
OF PLATS TO THE CITY PLANNING COMMISSION AND
SETTING FORTH THE PROCEDURES' TO BE FOLLOWED
IN APPLYING THESE RULES, REGULATIONS AND
STANDARDS IN ORDER TO EFFICIENTLY SUBDIVIDE
THE LAND WHILE PRESERVING THE HEALTH AND
INTEREST OF THE PUBLIC: PROVIDING FOR
ENFORCEMENT: PROVIDING A SAVINGS CLAUSE:
REPEALING ALL PREVIOUS SUBDIVISION ORDINANCES
AND PROVIDING FOR INTERPRETATION OF
CONFLICTING ORDINANCES: PROVIDING THE
REQUIREMENTS FOR VARIANCES: PROVIDING A
PENALTY FOR VIOLATION: SETTING FORTH
SPECIFICATIONS AND CHECKLISTS.
Mr. Greenwald moved to approve the final cons idera tion of an
ordinance regulating subdivisions. Mr. Baldwin seconded the
motion, which carried with the following vote:
AYES: Councilmen Sharpe, Baldwin, Aguilar and Greenwald.
NAYS: None
#5 ORDINANCE: Mayor Sawyer introduced and ordinance and L
read the caption as follows: 11Jt{~/
C3JJ
ORDINANCE NO. 87-S-12
,--
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY
OF SCHERTZ, TEXAS, AMENDING THE ZONING
ORDINANCE NO. 87-S-1 OF THE CITY OF SCHERTZ
158
~~
~&Y
.\\\\
~\,'~I\)
,~
l~
~(),." -
~~
I:A. \i...G\
W
Lb (:I"
\
BY ADDING A NEW SECTION
ENTITLED' "SPECIAL OVERLAY
PARKWAY", AND PROVIDING
VIOLATION OF l~'S PROVISIO~S.
TO ARTICLE XIX,
DISTRICT SCHERTZ
PENAL'TIESFOR
,.--.,
i )
. \
LJ
Mr. Aguilar moved to approve this ordinance on zoning for Special
Overlay District for Schertz Parkway. Mr. Greenwald seconded the
motion, which carried with the following vote:
AYES:
NAYS:
Councilmen Sharpe, Baldwin, Aguilar and Greenwald.
None
#6 ORDINANCE: Mayor Sawyer introduced an ordinance and Mr.
Gilmore read the caption as follows:
ORDINANCE NO. 87-S-13
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY
OF SCHERTZ, TEXAS, AMENDING THE SIGN
ORDINANCE NO. 86-S-28, ARTICLE II, 1.
PURPOSE, ARTICLE III, 4c, DEFINITIONS,
ARTICLE V, SECTION 7, MULTI-FAMILY,
RESIDENTIAL SUBDIVISION AND P.U.D. IS, MOBILE
HOME PARK/SUBDIVISION, ARTICLE VI, SECTION Sa
(1), SECTION Sa (2), SECTION Sa (3), SECTION
Sa (4), SECTION 5b. (3), SECTION 5b. (4),
SECTION 5c. (2) FREE STANDING SIGNS, ARTICLE
VI, SECTION Sm. (8), BILLBOARDS, ARTICLE IX,
10, PERMIT, PORTABLE OR MOBILE SIGNS.
o
Mr. Greenwald moved to approve the final consideration of an
ordinance amending the sign ordinance #86-S-28. Mr. Sharpe
seconded the motion, which carried with the following vote:
AYES:
NAYS:
Councilmen Sharpe, Baldwin, Aguilar and Greenwald.
None
#7 CITY MANAGER'S REPORT: Mr. Gilmore reported there would
be no meeting the following week. ~e next Workshop will be on
July 1, 1987.
The application for the Schirmerville grant was sent to AACOG
this date. The Committee gave favorable recommendation and it
went to Farmer's Home.
# 8 ITEMS BY COUNCIL:
Mr. Greenwald said that several months ago he had asked if any of
the City's ambulances were 1986 Ford Econoline because there some
problems. Mr. Gilmore said none of our ambulances were 1986
Fords.
Mr. Greenwald said one of the gentlemen tonight was talking about
putting in driveways on unimproved roads. Comal County has had
o
. lLLffl~,,~~
/
I
do not
should
permit
159
this problem and insti tuted permi t system so that you
block drainage. Mr. Greenwald sU~Jgested maybe the Ci ty
include something along these llnes in our building
system.
Mr. Aguilar said Council had heard about the speed limit being r;?,jO()
too low on Lower Seguin Road and maybe it should be raised. ~
Council should also consider raising the speed limit on East Live 17
Oak Road.
Mr. Baldwin asked if the City had ever checked out the annexation 4~ 5pl
Cibolo did to see if it was legal. Mr. Gilmore said he is IJ~
checking.
Mr. Baldwin asked about the three incidents of fires on Schertz
Parkway. Mr. Gilmore said they were controlled burning by
developers.
Mr. Sharpe advised that one of the topics at the Council of
Mayors meeting would be the sports stadium.
Mr. Sharpe mentioned that Council had previously discussed about
the State having more money to help build Urban Roads. He wanted
to know if staff had done anything to determine which road we
would like to use for that purpose. Mr. Gilmore suggested Maske
or Wiederstein.
~
Mr. Sharpe advised that the deadline was June 30th on the sales
tax on telephone service. He said he would keep checking and get
back to Council on this.
Mr. Sharpe asked if staff had checked on the liability of our
pOlice officers working off duty. Mr. Gilmore said the
organization that are paying them are liable. However since the
officers are responsil5le for criminal acts 24 hours a day it
would be hard to differentiate.
j 0;)
I o~
l61,103
/:3q
e?, ~ ~4
Ib3
~ 1. ~I)J;
If)!;
#9 ITEMS BY MAYOR: Mayor Sawyer said he had attended a
meeting of the residents of Rittimann Addition and this is
another group that may be desirous of annexation. At this
meeting he said he heard comments about overflowing septic tanks.
Mayor Sawyer asked if the City needs back flow preventors into
our water system. We need to look into this.
Mayor Sawyer said he also went to the ground breaking of Unit 4,
woodland Oaks and noticed that the school district has their ~?l ~o?
brochure on hand for salesmen to pass out. They said they did O?-
not have any from the Ci ty. Mr. Gilmore said we had furnished I
them with 100 and had not been notified they were out.
rt?, ~()~
J ; q
r-
Mr. Sharpe asked what procedure do we have to make sure that new a
business get a plaque from the City. Mr. Gilmore said somethingl?1,101)
would have to be worked ou t. ! ( ;,),
160
#10 ADJOURIftENT: Mr. Baldwin moved the meeting be
adjourned at 9:18 p.m. -Mr. Greenwald seconded the motion, which
was unanimously carried.
ATTEST:
{Wi'l_~',.:
is ,"
1.
\
o
o
o
. ~: