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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 . ~: