ccreg 04-01-1986
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REGULAR MEETING OF THE CITY COUNCIL
APRIL 1, 1986
~he Schertz City Council convened in Regular Session, Tuesday,
~pril l, 1986, at 7:00 p.m. in the Council Chambers of the
~unicipal Complex, l400 Live Oak Road, Schertz, Texas. The
~ollowing members were present: Mayor Earl W. Sawyer, presiding;
~harles B. Sharpe; Hal Baldwin; Ray Stanhope; Adolph Aguilar and
IKen Greenwald. Staff present were City Manager Jimmy G. Gilmore
~nd City Secretary June G. Krause.
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IPUBLIC HEARING: Mayor Sawyer welcomed everyone to the meeting
land then turned the public hearing over to Bob Andrews, Vice-
Fhairman of the Planning and Zoning Commission.
~r. Andrews explained this jointly held public hearing was to
Ireceive input from the public on the request by Mr. Coy Simmons
~or rezoning a parcel of land located along Jack Hays Boulevard
Iknown as Oak Forest, Unit 4, being 2.087 acres of land out of the
iRe Martin and J .F. Walker Survey No. l18, Abstract No. 245,
~uadalupe County, Texas, from the present residential zoning to
IOff ice and Professional (OP) zoning. He set out the procedures
!for the hearing with first having staff locate on the map the
Iproperty in question and giving recommendations if any; second
Iwould receive input from citizens, asking them to come to the
IPodium and give their name and address; then lastly the developer
r- iwould address the hearing. At the completion of the hearing, the
Iplanning and Zoning has ten days in which to make recommendations
ito the Council, who will act on this issue at their next regular
Imeeting after that.
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IMr. Steve Simonson said the
iFM 3009, Circle Oak Drive,
iHe said the request complies
!zoning for FM 3009.
lOne of the citizens requested that prior to citizen input, Mr.
ISimmons be asked to explain what he is going to do with the
!property.
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property in question was bounded by
Crest Oak Drive and Lazy Oak Drive.
with the restrictions of the overlay
iMr. Simmons introduced Randy Ramseur of Johnson Dempsey &
IAssociates, who would speak for him.
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IMr. Ramseur presented master plans, which showed four buildings
,with a total of 37,400 square feet. Some of the buildings would
Ibe two-story and the units would be modular in structure so that
: they could be moved around to accommodate the trees. The one
'building in the flood plain area would have office spaces on the
Isecond story with parking underneath for a total of l35 parking
'Ispaces. There would be no access from Lazy Oak or FM 3009, only
from Crest Oak and Circle Oak. Mr. Ramseu~ said they are
imaintaining the overlay requirements along FM 3009 with the
I required buffer zone according to the ordinance. The modular
'buildings are residential in scale with brick on the lower level
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and siding on the upper level. Building "0" would be all
masonry. They are requesting the property be rezoned for Office
and Professional as the highest and best use for this property.
The following citizens spoke against the rezoning request
expressing concerns about drainage, flooding, increased traffic,
safety hazards, aesthetics, property devaluations and some just
said they did not want anything built on that property:
1. Don Scott of 4400 Lazy Oak Drive
2. Gary McCarty of 4300 Lazy Oak Drive
3. Gerald Brown of 4304 Lazy Oak Drive
4. Roland Frobese, who lives directly across FM 3009
5. Carlene Scott of 4400 Lazy Oak Drive
6. Harvey Land of 1213 Fawn Drive
7. Harold Jones of 4200 Spanish Oak Drive
8. Johnny Garner of 4212 Shady Oak Lane
There were approximately 35 people at the public hearing.
Mr. Ramseur answered the citizens by saying that they would do
everything in their power so that the drainage issues are met.
All development will have to comply with the flood plain
requirements. He said they plan to have box culverts to take as
much water as possible underground. Mr. Ramseur said they would
like to have the Lazy Oak side open, but with a buffer, so that
the people could see between the trees and buildings.
After Councilmembers and P&Z members had discussed the request
with Mr. Simmons and Mr. Ramseur, Mr. Andrews reminded the
citizens that no further comments would be received after the
public hearing and that P&Z has ten days in which to make a
recommendation to Council.
Mr. Andrews then declared the public hearing closed, there being
no further comments from citizens, at 8:20 p.m.
Mayor Sawyer called for a short recess to give P&Z members time
to withdraw to their separate meeting in the conference room.
The Regular meeting was reconvened at 8:32 p.m.
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#l APPROVAL OF MINOTES: Mr. Sharpe asked that the minutes
of the Special Meeting of March 12, 1986 be amended by deleting
the sentence "If facing FM 3009, the owner has constitutional
rights to one access." from the third paragraph of 13 C.
Mr. Sharpe moved to approve the minutes of the Special Workshop
Meeting of March 12, 1986 as amended and the minutes of the
Regular Meeting of March 18, 1986. Mr. Baldwin seconded the D
motion, which carried as follows:
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! AYES: Councilmen Sharpe, Baldwin, Stanhope, Aguilar and
IGreenwald.
I NAYS: None
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I # 2 HEARING OF RESIDENTS: None
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I #3 ORDINANCE: Mayor Sawyer introduced and read the caption
lof an ordinance as follows:
ORDINANCE NO. 86-0-6
AN ORDINANCE ESTABLISHING SPEED LIMITS ON
F .M. ROAD 482 FROM THE SOUTHEAST CITY LIMIT
EASTERLY TO THE NORTHWEST CITY LIMITS AND
REPEALING ALL ORDINANCES IN CONFLICT
IMr. Stanhope moved to approve on final consideration the
lordinance regulating speed limits on F.M. 482. Mr. Baldwin
Iseconded the motion, which carried with the following vote:
i AYES: Councilmembers Sharpe, Baldwin, Stanhope, Aguilar and
preenwald.
, NAYS: None
#4 ORDINANCE: Mayor Sawyer introduced and read the caption
~f an ordinance as follows:
ORDINANCE NO. 86-S-7
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY
OF SCHERTZ, TEXAS, AMENDING ZONING ORDINANCE
NO. 79-S-15 BY REZONING TWO TRACTS OF LAND
OUT OF GUADALUPE COUNTY AND REFLECTING SUCH
CHANGE ON CERTAIN ZONING MAPS IN ACCORDANCE
WITH THE SCHERTZ ZONING ORDINANCE.
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~r. Greenwald moved to approve on final consideration an
p,rdinance amending the zoning ordinance by rezoning two tracts of
Iland out of Guadalupe County. Mr. Stanhope seconded the motion,
~hich carried with the following vote:
AYES: Councilmembers Sharpe, Baldwin, Stanhope, Aguilar and
preenwald.
i NAYS: None
#5 ORDINANCE: Mayor Sawyer introduced and read the caption
pn an ordinance as follows:
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY
OF SCHERTZ, TEXAS, AMENDING THE ZONING
ORDINANCE NO. 79-S-15 BY REZONING A 3.56 ACRE
TRACT OUT OF GUADALUPE COUNTY AND REFLECTING
SUCH CHANGE ON CERTAIN ZONING MAPS IN
ACCORDANCE WITH THE SCHERTZ ZONING ORDINANCE.
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Mr. Gilmore pointed out on the map the location of this 3.56 acre Oi
tract of land, being on Elbel Road and requested by Sanders and
Leon to rezone to Neighborhood Services for a restaurant.
Mr. Greenwald moved to approve the first reading of an ordinance
amending the zoning ordinance by rezoning a 3.56 acre tract of
land out of Guadalupe County to Neighborhood Services. Mr.
Sharpe seconded the motion, which carried as follows:
AYES: Councilrnembers Sharpe, Baldwin, Stanhope, Aguilar and
Greenwald.
NAYS: None
#6 RESOLUTION: Mayor Sawyer introduced and read the entire
resolution, the caption of which follows:
RESOLUTION NO. 86-R-5
A RESOLUTION ACCEPTING A LOCAL COORDINATOR
BETWEEN THE TEXAS ECONOMIC DEVELOPMENT
COMMISSION OF THE STATE OF TEXAS AND THE CITY
OF SCHERTZ REPRESENTATIVE.
Mr. Sharpe moved to accept the resolution appointing a local
coordinator between the Texas Economic Development Commission and
the City of Schertz.
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Mr. Aguilar asked if the Chamber of Commerce changes their
Executive Director, who is named in the resolution, would we have
to pass another resolution. Mr. Gilmore said yes, the City would
have to pass another resolution but they wanted a specific name.
Mr. Stanhope asked if there was a back-up name and Mayor Sawyer
said it would then go to Mr. Gilmore to represent the City.
The motion before the Council was approved with the following
vote:
AYES: Councilmen Sharpe, Baldwin, Stanhope, Aguilar and
Greenwald.
NAYS: None
#7 EXECUTIVE SESSION: Mayor Sawyer called for an executive
Session under 'Article 6252-17 of Vernon's Texas Civil Statutes,
Section 2 (e) discussion of litigation with attorneys at 8:40 pm.
Attorney Richard Harris said he, Attorney
Attorney Bob Newman wished to give Council
separate lawsuits; Green Valley and Mangum.
The Regular Meeting was reconvened at 9:02 p.m. with Mayor
Sawyer explaining Council was briefed on two lawsuits by the
City's legal advisors.
David Jones
updates on
and
two
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r- #8 CITY MANAGER'S REPORT: Mr. Gilmore announced that
~Uring the month of March $2,l86,490 was added to the City's tax
fOIl in single family residence valuations.
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~r. Gilmore handed out copies of the annual audit report, saying
hat the auditor would be at the next workshop to explain and
nswer any questions.
Mrs. Krause announced that Council should canvass the April 5th
~lection returns at their workshop meeting of April 9th to be in
pompliance with state law. Mayor Sawyer asked the newspaper
~eporter if he would please announce that in the papers.
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, #9 ITEMS BY COUNCIL: Mr. Sharpe advised that on
Circle in Woodland Oaks there is a dangerous situation
~here is a sidewalk with a deep drop off at a drainage
without railings. The developer should be asked to put
~ype of guard railing.
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Kline
where
ditch
up some
~here will be an Austin-San Antonio Corridor Meeting on Friday,
~pril ll, at lO:OO a.m.
~r. Baldwin asked if the zoning change numbers could be put on
~he agenda items to help identify each zoning.
[r. Stanhope asked if the animal control ordinance would be on
he next workshop. Mr. Gilmore said he was waiting to get the
ecommended changes back f rom Dr. Tull, then we will make our
hanges and get back to Council.
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~r. Greenwald announced that the Buffalo Valley Youth
ssociation Opening Day Ceremonies would be Apr il 19th at 9: 00
m.
I #lO ITEMS BY MAYOR: Mr. Sawyer announced that Council is
~nvited to a Special Salute to Texas' l50th Anniversary by Judge
ragebiel and Commissioners Court.
fhere will be a Transportation Task Force meeting April 19th.
~ayor Sawyer asked that copies of a letter from Phil Graham on
ronding be made for Council information.
ihe Mayor had received some correspondence from the City of
alIas on the anticrime legislation they will be presenting to
he January Session of the Texas Legislature. It will be
.vailable in the City Manager's office.
f. r. Sawyer will have copies made of some literature
exas Guide for the next workshop so Council
dvertising.
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on the South
can discuss
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Mr. Sharpe announced that the Library Book Sale would be the
weekend of April 11 and 12th.
Mayor Sawyer said he had been invited to talk with the third
grade class at Elementary School about city government.
#ll ADJOURRKBNT: On a motion by Mr. Baldwin, seconded by
Mr. Aguilar, and unanimously carr ied, the regular meeting was
adjourned at 9:18 p.m..
ATTEST:
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Mayor, City
Secretary, City of Schertz
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