ccss 04-30-1986
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SPECIAL SESSION OF THE CITY COUNCIL
APRIL 30, 1986
The Schertz City Council convened in Special Workshop Session,
Wednesday, April 30, 1986, at 7:00 p.m. in the Conference Room of
the Municipal Complex, l400 Live Oak Road. The following members
were present: Mayor Pro Tem Ken Greenwald, presiding; Charles B.
Sharpe, Ray Stanhope and Adolph Aguilar. Absent: Mayor Earl W.
Sawyer and Councilman Hal Baldwin. Staff present were City
Manager Jimmy G. Gilmore and City Secretary June G. Krause.
Due to the large number of citizens present, Mayor Pro Tem
Greenwald asked that the meeting be moved to the Council Chambers
across the hall.
#l HEARING OF RESIDENTS: Mrs. Gail Hyatt spoke on behalf
of Mr. Baldwin concerning the Senior Citizen Appreciation Day
iactivities. She said that the City has numerous RSVP members
iworking in our community and we need to show appreciation to
ithese members and their work areas, as there are over lOO in our
city. Mrs. Hyatt presented a list of work areas, showing how
imany RSVP volunteers work at each place and a suggested name to
'receive the recognition for the group. Mrs. Hyatt suggested a
Certif icate of Appreciation, which could be hung at their work
iarea.
r- ICouncil concurred with this suggestion, saying it was an
loutstanding recommendation.
iThe following listed people reserved time to speak when item 5 B
!comes before Council:
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A. Don Scott, B. Gerald Brown, C. Gary McCartney, D. Jim Todd
land E. John Bowman.
#2 Prosecuting Attorney to discuss fines.
Mr. Roy Richard Jr. said that initially the suggested fine
iincreases were done by the Chief of POlice, Sergeant and
IInvestigator. Once the~ arrived at the list, the Municipal Court
:Judge and Prosecutor Rlchard went over them. Mr. Richard then
:answered questions of Council.
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:Concerning drag racing, Mr. Richard said that in the 8 years he
ihad been connected with the court, there has never been a case on
Ithis. Mr. Richard said the intent of the tickets and fines is to
Iwake people up to the fact that they are violating a law. Most
Ipeople do not inte~tionally violate laws, they are just careless.
IMr. Richard said that in a practical sense if the fines are too
Ihigh, we will have a lot more contested cases in court. If they
Ilose in our court, they can appeal to Guadalupe County and then
Iwe lose all revenue. Fifteen to 25% of the people, even with a
1$25 fine, ask for time payments and we have to give it to them;
'however, they try to hlt the repeaters a little harder eachtime.
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#3 Discussion of SAFES EMS charges.
Mr. Gilmore explained that SAFES has requested the following fee 0
increases, effective May 1, 1986:
a. I.V. - $20.00
b. Basic Transport Fee: $70.00
c. EOA Tube: $20.00
d. ET Tube: $10.00
These increased fees would bring us in line, but slightly lower
than other cities in the area. We are bringing it in now because
once the increases are approved, it take one year for Medicare to
meet our charges.
Mayor Pro Tem Greenwald asked that this be an agenda item next
week.
#4 Discussion of public hearings.
A. variance request for side yard setback at 605 Brooks Avenue.
Mr. Gilmore said this has gone to Planning and Zoning and they
have approved the request.
B. proposed annexations. We will be having the first public
hearing on the COR property at the next meeting and the first
hearing on the Schirmerville annexation at the following workshop rl,:i
meet ing . U
Mr. Sharpe asked if the City had received the letter from Mayor
Cisneros referred to in his recent letter. Mr. Gilmore said they
had called this date and said the agreement will be sent to us.
Mr. Greenwald said they have released the ETJ area and the access
road and will be having the second reading of their ordinance on
Thursday.
#5 Discussion of proposed ordinances.
A. Final consideration of an ordinance adding penalties to
health ordinance. This to be on the next agenda.
B. Final consideration of an ordinance rezoning 2.087 acres - ZC
#79.
Mr. Don Scott presented Council with a petition containing l47
names of residents who object to the rezoning of this 2.087 acres
of land to Office and Professional. Mr. Scott said that of all
the people he and his wife contacted, some 20 were undecided and
only 1 said he was for the rezoning. He went on to say that all
he hears from the Council is that the owner has rights to do
something with the property. Mr. Scott said the residents who
live nearby have rights too. They have the right to live in a
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iresidential area and the right for their street not to become an
r-' ialley. Mr. Scott brought out that Planning and Zoning had
Irecommended disapproval of this rezoning. He then mentioned
!listening to the tapes of a previous workshop where this rezoning
iwas discussed and was very upset about the joking that went on at
!that meeting.
~r. Brown of 4204 Lazy Oak felt that the rezoning would devalue
Ihis property. He mentioned that there was talk around when he
!purchased his property that this 2.087 acres would be a park.
'IMr. Brown expressed his concern that Council was listening to
,someone who did not even live in the city, over residents.
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IMr. McCartney of 4300 Lazy Oak said he attended the Planning and
!Zoning meeting and made some comments when the P&Z disapproved
ithis rezoning. He said he knew that Mr. Simmons has tr ied to
irezone this property three or four times and was defeated. It
Iseems to Mr. McCartney that all the problems are Mr. Simmons.
IMr. McCartney said that he has sought legal advise and has been
ladvised as to what can be done and what should be done. He said
~e is definitely against this rezoning and he will try to find
~very measure to stop the rezoning.
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~r. Jim Todd of the l500 block of Circle Oak Drive said he was
iconfused by some of the things listed that could be placed in
Ithis type zoning. He feels some of the things should be stricken
from the list. Mr. Greenwald advised that the list is a
~eneralized list and that Planning and Zoning has just finished
Igoing over the list and some things have been eliminated. Mr.
~odd again brought out the times when the two entrances are not
iopen to traff ic due to high water. He went on to say that if
Ithis is such an important piece of land for Mr. Simmons, why
poesn't he put in his own entrance off FM 3009.
~r. John Bowman of 1004 Fawn Drive said he wanted to reinforce
Mhat everyone else has said about this zoning. He mentioned that
~hen upper FM 3009 and I 35 are developed, the water shed is
itaken away and Council would be increasing flooding two or three
~imes what it is now. He felt the Council should maybe condemn
Ithis property for drainage purposes. It was his opinion that Mr.
ILand's property would be flooded if the proposed building was
Icompleted on this property.
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fr'1r. Greenwald assured everyone that Council is aware of the
~rainage problems and are working to alleviate the problems as
~uch as possible.
~r. Dwayne L. Conques of 430l Shady Oak Lane said when he and his
!wife purchased their property from Mr. Simmons, he gave them the
!impression that the front property was undevelopable and would
!remain a park. Mr. Cox said that most of the people that live in
pak Forest are willing to form a team and fight this. Mr. Cox
Isaid that if Council is not careful how they handle this, they
~ill cause property values to go down. He said he feels there is
a human side that 1S being overlooked.
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Mr. Coy Simmons said that he is just trying to do something with
Oak Forest, he doesn't really care what he does but he just wants
to use this property. He said he did not want to put something
there that would be a detriment. He said if you will look at the
plans as submitted, very little of the land will have anything on
it.
Mr. Sharpe said one of the things the Planning and Zoning and
City Council has worked real hard to put together is an overlay
ordinance that is more restrictive on FM 3009 than any other
street. By doing that, some people are penalized by not being
able to use the land that they could have used without the
overlay. Mr. Sharpe said he is a believer in the free enterprise
system. Whether a man is wealthy or not does not enter into the
considerations when a businessman makes a request for rezoning.
He said he looks at it as to the best interests of the City. Mr.
Sharpe said he did not think the City has the right to tell
anyone that you have to build within a certain time. He went on
to say that essentially FM 3009 will be the business area of the
city in time. Drainage is very important to this city. Mr.
Sharpe said the City is hoping to improve the drainage by letting
the developers help improve the area. Mr. Sharpe explained why
the Council went against the recommendation of Planning and
Zoning, saying that P&Z are appointed and make recommendations;
however the people that are elected are the ones that make the
decisions. Mr. Sharpe said he agrees with P&Z 90% of the time.
As to driveways, one of the things Council is trying to do is
reduce the number of dr iveways so that FM 3009 would not look
like Pat Booker Road. One of the things about Mr. Simmons' plat
is that it did not have any additional driveway to FM 3009 and
does not put any more traff~c on Lazy Oak. Mr. Sharpe said that
there are no guarantees that Mr. Simmons will build anything, you
go through the process and he can sell or whatever he wants to do
with it so long as he meets the city codes. Mr. Sharpe asked Mr.
McCartney what his attorney recommended and Mr. McCartney said he
would like to talk to some of the residents of the area and that
they are gathering information for the attorney now. Mr.
McCartney said there was some mention of this being spot zoning.
Mr. Sharpe said that years ago when the City annexed some land it
automatically came into the City as residential without any
thought that it would eventually be residential. Mr. Sharpe said
he did not believe that the citizen's property would be devalued.
Mr. Sharpe said he would apologize to Mr. Scott for the tone of
the workshop. There was no malicious intentions, the workshops
are a more relaxed and informal meetings but the Council does not
take things lightly. Mr. Sharpe said one of the things that was
brought out at the public hearings that was hard for him to
accept was that when asked what they wanted to go on this land,
their reply was "don't do anything, leave it alone".
Mr. Aguilar added to what Mr. Sharpe said that in regard to the
P&Z recommendation, Council has to do what they feel and believe
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would be in the best interest of the City of Schertz. Council is
the ones that has to make the decision. He said Council has to
~ look at the overall uses of the land.
Mr. Stanhope said he has been working with this piece of land for
over eleven years and Mr. Simmons has suggested lots of uses for
the land. Each time the residents of Oak Forest were against
whatever was planned. Mr. Stanhope said he felt that if the
people could go back, they would probably go with the
residential. He said that at one time Mr. Simmons offered the
City the land for a park but the City turned it down because they
do not want a park right on FM 3009. Mr. Stanhope said that this
is not an easy decision for any of the Council to make.
Mr. Greenwald said the zoning is only a part of the total, Mr.
Simmons still has to meet plat requirements, setback requirements
and pr imar ily drainage - and that will be a big problem. The
Ci ty engineer demands very str ingent controls, and the Council
concurs. Mr. Greenwald said that he also would apologize for the
tone of the workshop for himself and the Mayor - there was no
malicious intent.
Mr. stanhope mentioned that Mr. Simmons had just said he did not
care what went on this property. Mr. Stanhope asked the citizens
if they would meet with Mr. Simmons and try see what can be
worked out.
r- Mr. Gilmore said that no var iance would allow Mr. Simmons to
build R-l residences on that land because of the size of the lot.
The only thing that would fit in there would be Garden homes,
apartments or ice houses. Part of the land in front is state
right of way.
Mr. Greenwald said for the citizens to keep in mind that if Mr.
Simmons agrees to put homes in there, people on Lazy Oak could
loose part of their front yards because the street would have to
be widened.
Mr. Simmons said that if he goes with the Office and
Professional, he will save about 50% of the trees and with homes
in there, about 90% of the trees would have to go. Mr. Simmons
said that these men on the Council have worked very long and hard
on this and they are not going to let me put anything in there
that would be detrimental to the city. He said he wanted
something in there that would be an asset to the citizens and to
the community. He said he would be willing to work with anyone.
Mr. Simmons said there is one thing the people would have to
understand - that is that he could not make a decision, that he
would have to consult with his engineer and planner on this.
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Mr. Greenwald said this would have to be on the next agenda but
if Council is contacted saying that the group and Mr. Simmons are
still working on this, he would move to table for two weeks.
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Mr. Simmons said he has always worked with the City and he will
continue to work with the citizens but he felt a representative 01
of the City should be present. Mr. Simmons said the City still I
has an obligation to him on the entrance to Oak Forest.
Mr. Greenwald said if Mr. Simmons would work with these people,
Council would work with him to see if some solution could be
worked out. A meeting was set up for Monday, May 5th at 7:00
p.m. in the Conference Room of the Municipal Complex, l400 Live
Oak Road.
Mayor Pro Tern Greenwald called for a recess at 9:18 p.m.
The Workshop Session was reconvened at 9:28 p.m.
#6 EXECUTIVE SESSION: None needed.
# 7 CITY MANAGER'S REPORT:
following:
A. Have received a call from San Antonio saying they are
changing the metes and bounds and we should receive the
information from them within a week or so. This will include the
frontage road on I-lO.
Mr. Gilmore reported on the
B. Mr. Baldwin asked to remind Council of their monetary
obligation to the Senior Citizens. Mr. Baldwin is attending an 0
Appraisal District meeting at the request of his supervisor. Mr.
Dovey is also attending that meeting on behalf of Schertz.
C. You have a request from Mr. Brisgill for permission to ride
with one of our patrol units once each quarter. He came to me
and I told him he would have to go to Council because we have
ceased to allow riding with officers because of liability. We
need something in writing authorizing an individual to ride.
Council's decision was to have some type form to be filled out
each and every time someone wants to ride. We should have a
notation on the form holding the city harmless. Arrangements
will be made through the Chief of Police.
D. Received a letter from Naylor Realty saying they are forming
a new real estate office named Naylor Realty-Schertz, which
should be opened by the end of this year in Tri County Industrial
Park.
E. Have prepared a letter to the County Judge from the Mayor Pro
Tem attempting to get SAFES on the. County budget this year
because of their modif ications brought about by the rollback.
There is always a lot of discussion aoout populat10n figures. We
went to the U.S. Bureau of Census and established a population
estimate that show Schertz comes within 3 or 4 percentage points n
of being 1/3 of the county that we are serving. Mr. Gilmore said LJ
the letter also states that this service cannot continue to be
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free to the county. He said he tr ied to answer all the things
~ that they have thrown out at us in the past.
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f. A letter has been written to the New Braunfels utilities.
they have had an election and it now looks like they may be
voting to extend the sewer to us. We told them that we will
fursue our permit up until such time as it is issued or this
roposed alternative is brought to fruition. With this we can
,ake care of everything between FM ll03 and Solms Road.
G. Mr. Gilmore said that with the normal growth and now taking
in the Schirmerville area, he will need approval to hire two
~dditional people into the water department. He said he could
~ome up with all but about $3500. Also we need to look at a way
to come up with an addition work vehicle for that department.
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MR. BALDWIN ARRIVED AT 9:55 P.M.
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~ouncil was in agreement for Mr. Gilmore to advertise for the two
+dditional water department employees now.
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$. Will have information on street stiping for the next
~orkshop.
t. Forbes will be closing on 40 acres on FM ll03 around the 5th
~r 6th of May. They will be coming in to request annexation and
zoning shortly after that.
i # 8 ITEMS BY COUNCIL: Mr. Aguilar said he thought the
~iscussion this evening on the ZC #79 was healthy and orderly.
they are trying to seek a comprise because we took this stand,
this could have been done before.
r. Aguilar said he sees where the sidewalk
partments is coming about in some fashion but
uestion in his mind as to how long it will last.
ell the man that it is not acceptable and have him
nd do it again.
at Sabastian
there is a
We need to
tear it out
Mr. Sharpe asked about putting a legal notice in the papers
Joncerning lots and res idences that have high grass and weeds.
he notice would let them know that if it is not cleared, we will
o it or have it done and bill the owners or renters. There is
~n area on I-35 frontage Road that has garbage bags setting there
~or months. It is really an eyesore. In the Jim Sheppard Homes
area some weeds are two feet high.
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i. r. Gilmore said that Jim Sheppard Homes is under bankruptcy.
he 8nly place we can send a letter regarding cleaning the lots
oul be fo the courts.
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~r. Sharpe announced that the Randolph Area Chamber of Commerce
has changed the date of the Industrial Tour to June 24th. They
ij.ave invited a number of developers, builders, etc. to look at
the Randolph area.
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Mr. Sharpe recommended discussing, at the next workshop, either
getting new members for the Economic Development Committee,
giving some direction to the present ones, or disbanding
altogether. We really need to get it a working committee again.
Mr. Baldwin discussed the Guadalupe County Appraisal Distr ict
meeting he had just attended. One. item on the agenda was whether
or not to delay appraisals until next year. Seguin ISO, City of
Seguin and Guadalupe County wanted to wait and all the others
(Schertz, Schertz-Cibolo-Universal City ISO, Navarro, Marion lSD,
etc.) wanted to continue this year. The Board voted 3 to 1 to
wait until next year, so we will have to live with the values we
have.
Mr. Greenwald mentioned that HB 2301 states that May 15 is the
absolute deadline by which the chief appraiser must certify value
estimates to taxing units and submit appraisal records to the
appraisal review board. Also establishes July 20th as the
deadline by which the ARB must complete its review of the records
and July 25 as the absolute deadline for providing a certified
roll to part~cipating taxing units. Mr. Greenwald asked to get
the City Attorney's opinion of this ruling.
Mr. Stanhope asked if the City is using Cutoff park as a dumping
grounds. He not iced that on FM 1518, where there is a double
gate, it looks as if the sweeper is dumping clippings and
asphalt. Mr. Gilmore would check this out.
Mr. Stanhope also asked if the City ever did anything about
correcting the angle on the slope on the drainage ditch behind
the apartments.
#9 ITEMS BY MAYOR: Mayor Pro Tern Greenwald said he is
sending letters to Mr. Ackerman and Mr. Bendseil giving one more
chance for discussions. Mr. Gilmore said the project director
for Woodland Oaks has talked with them and the statement was made
that the City has never spoken to them. The project engineer has
asked if we will talk with them one more time before
condemnation.
Mr. Aguilar asked how many houses face Maske Road between Schertz
parkway and East Live Oak Road. Since there is only one that
needs access, why not close that part of Maske Road and give it
back to the owners - they will have access to Schertz Parkway.
Mr. Gilmore said he would pursue.
Mr. Greenwald also said he was sending a letter to Mayor Cisneros
concerning the Schirmerville deannexation. He said he will ask
San Antonio to go out and look at the possible fuel storage and
other large storage buildings in the AICUZ. Also will send a
copy of the letter to Randolph AFB.
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Mr. Greenwald said he had received many phone calls about rocks
r- and gravel damage on FM 3009 and FM 1518.
Mr. Greenwald suggested sending a letter to Dr. Steele thanking
him for the use of the bus and about the driver.
#10 ADJOURNMENT: There being no further business to come
before Council, Mayor Pro Tem Greenwald declared the meeting to
be adjourned at 10:55 p.m.
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Mayor Pro Tem, City of Schertz
ATTEST:
Secretar , City of Schertz
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