ccreg 05-06-1986
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REGULAR MEETING OF THE CITY COUNCIL
MAY 6, 1986
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The Schertz City Council convened in Regular Session, Tuesday,
May 6, 1986, in the Council Chambers of the Municipal Complex,
l400 Live Oak Road, Schertz, Texas. The following members were
present: Mayor Earl W. Sawyer, presiding; Charles B. Sharpe; Hal
Baldwin, Adolph Aguilar and Ken Greenwald. Absent: Ray
Stanhope. Staff present were City Manager Jimmy G. Gilmore and
City Secretary June G. Krause.
Before starting the meeting, Mayor Sawyer
proclaiming the week of May 4, 1986 as
Appreciation Week".
read a proclamation
nEdwards Acquifer
PUBLIC HEARING: The Mayor explained that the City Council and
Planning and Zoning Commission were holding a joint public
hearing to receive input from the public on a request from John
Kendall for a variance on the northeast side of a proposed
residence on Lots ll, 12, and l3, Block 44, Aviation Heights
Subdivision, adjacent to 611 Brooks Avenue. He then turned the
hearing over to Vice-Chairman Bob Andrews.
Mr. Andrews outlined the proceedings of the hearing, stating that
first Mr. Kendall would explain his request, then citizens would
give their input and lastly there would be comments from Council
and the P&Z members. The P&Z has ten days in which to make a 0
recommendation to Council, who will then act on this request at
their next regular meeting after receiving the recommendation.
Mr. John Kendall showed a diagram of the two pieces of property,
one already has a residence built on it and the adjoining
property is the one for which the request will apply. Mr.
Kendall asked for a 5 foot side yard setback.
Mr. Aguilar asked why 7 foot on one side and 5 foot on the other,
rather than equally 6 feet on both sides. Mr. Kendal said the
reason is that thenouse next door is much closer to the proposed
building site than his house is.
There were no citizens wishing to be heard.
There were no further questions from either Councilor Planning
and Zoning members.
This public hearing was closed a 7:05 p.m., at which time Mayor
Sawyer called for a short recess to allow P&Z members to retire
to the conference room for the remainder of their meeting.
The Regular Meeting was reconvened at 7:07 p.m.
PUBLIC HEARING: Mayor Sawyer said this hearing was being held by
the Council -to receive input from citizens on the proposed
annexation of approximately 4l.744 acres of land out of Guadalupe
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'Icounty. Said land is bordered by Jack Hays Boulevard on the
west, Borgfeld Road on the north and PM 78 on the south with the
Ilandf ill being on the east.
~here were no citizens wishing to speak and the Council had no
icomments to make.
IMayor Sawyer closed this public hearing at 7:08 pm.
#l APPROVAL OF MINUTES: Mr. Aguilar moved the minutes of
ithe Special Meeting of April 9, 1986 and the Regular Meeting of
IApr illS, 1986 be approved as amended. Mr. Greenwald seconded
Ithe motion.
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IMr. Aguilar referred to the second paragraph on page 2 which
Istates "Mr. Greenwald mentioned that the contract outlines who
Iwill do what and there are other people that use the field." Mr.
IAguilar asked Mr. Greenwald what was meant by that. Mr.
IGreenwald said that the contract between the BVYA and City
ioutlines who will do what type of maintenance and that BVYA are
Inot the only ones that use that field.
IMr. Aguilar then referred to page 3, item #7, the last sentence
Iwhere Mr. Baldwin informed Council that the school had received a
iletter asking that the school not object to the beer and wine
ilicense. He wanted to know who the letter was from. Mr. Baldwin
r- isaid the letter was from the attorney for the family of the
Irequestees.
IMr. Sharpe called attention to the first paragraph on page 4 and
Isaid he did not believe he made that statement. Mrs. Krause
iapologized and said the statement should correctly read: "Mr.
ISimmons said that at about the time Mr. Simmons bought the
Iproperty for development, the Highway Department took about 75
ifeet for right of way."
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IMayor Sawyer called for a vote on the motion to approve the
iminutes as amended. The motion carried as follows:
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AYES: Council Sharpe, Baldwin, Aguilar and Greenwald.
NAYS: None
#2 HEARING OF RESIDENTS: None
#3 ORDINANCE: Mayor Sawyer introduced an ordinance and
ead the caption as follows:
ORDINANCE NO. 86-H-lO
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY
OF SCHERTZ, TEXAS, AMENDING ORDINANCE NO. 85-
H-3 BY ADDING SECTION XII PENALTY, XIII
SAVINGS CLAUSE AND SECTION XIV REPEALING
CLAUSE.
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Mr. Greenwald moved to approve the final consideration of an
ordinance amending the Health ordinance. Mr. Baldwin seconded
the motion, which carried as follows:
AYES: Councilmen Sharpe, Baldwin, Aguilar and Greenwald.
NAYS: None
#4 ORDINANCE: Mayor Sawyer introduced an ordinance and
read the caption as follows:
ORDINANCE NO. 86-S-11
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY
OF SCHERTZ, TEXAS AMENDING THE ZONING
ORDINANCE NO. 79-S-15 BY REZONING 2.087 ACRES
OF LAND IN OAK FOREST, UNIT 4, OUT OF
GUADALUPE COUNTY AND REFLECTING SUCH CHANGE
ON CERTAIN ZONING MAPS IN ACCORDANCE WITH THE
SCHERTZ ZONING ORDINANCE.
Mr. Greenwald moved to table this ordinance.
seconded the motion.
Mr. Baldwin
Mr. Greenwald said there was a meeting the previous night between
the ad~oining property owners and Mr. Simmons where many issues
were d1scussed. There is another meeting set up for May 15th.
Answering Mr. Sharpe's question as to what was discussed, Mr.
Greenwald said Mr. Simmons is going to get with his engineer and
try to come up with approximate costs of houses based on the
City's overlay ordinance. The citizens have agreed to discuss
Office and P,rofessional if they can regulate in some way what
exactly could or could not go in there. Mr. Greenwald said this
ordinance will have to be on the agenda of May 20th because we
can only table one time.
One of the citizens asked the procedures to follow if they wanted
to change the ordinance so they could limit what goes in a
certain type zoning. Mr. Gilmore said the best way to govern
that would be with a deed covenant. The City Attorney agreed, as
the City's powers are limited.
One of the citizens asked if the City could restrict or limit the
sale of alcoholic beverages in this area. Mr. Harris said he did
not know of anything in our ordinance that could limit that. We
would have to tie it into the Alcoholic Beverage Code.
Mr. Harris was asked to send us a copy of San Antonio's ordinance
where they limit the sale of alcoholic beverages.
Mayor Sawyer then called for a vote on the motion, which carried
as follows:
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AYES: Councilmen Sharpe, Baldwin, Aguilar and Greenwald.
NAYS: None
#5 RESOWTION: Mayor Sawyer introduced a resolution and read
the caption as follows:
RESOLUTION NO. 86-R-9
A RESOLUTION BY THE CITY COUNCIL OF THE CITY
OF SCHERTZ, TEXAS, AUTHORI ZING THE PURCHASE
OF LAND FOR DRAINAGE RIGHT OF WAY.
Mr. Sawyer explained that the land was to be purchased for
drainage purposes at a cost not to exceed $3500 plus closing
costs.
Mr. Gilmore said the entire lot will be used for drainage. The
only other way that we could provide drainage is if the owner
would deed or dedicate the land or for the City to condemn it.
This lot is what will be a corner piece of property, the drainage
Ican be enclosed and the property utili zed in some way or sold.
IThis is the least expensive.
'IMr. Greenwald moved to approve the resolution author izing the
IPurchase of land for drainage. Mr. Baldwin seconded the motion,
Iwhich carried as follows:
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AYES:
NAYS:
Councilmen Sharpe, Baldwin, Aguilar and Greenwald.
None
I #6 SAFES EMS CHARGES: Mr. Gilmore explained that SAFES has
Ipresentefr some rate changes to take effect 1 May. These charges
will bring us in line with other EMS services in the area. After
Ichanges are initiated, it take about one year for Medicare to
Ichange over to back up our charges.
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IMr. Baldwin moved to increase certain EMS charges, effective May
Il, 1986. Mr. Sharpe seconded the motion, which carried with the
Ifollowing vote:
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AYES:
NAYS:
Councilmen Sharpe, Baldwin, Aguilar and Greenwald.
None
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I . # 8 CITY MANAGER'S REPORT:
follow1ng: ' ,-
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#7
EXECUTIVE SESSION:
None
Mr. Gilmore reported on the
IA. presented copy of letter regarding the sidewalks at Sabastian
IApartments, in which we ask them to take them out and do them
r-- Ir ight .
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lB. Have asked the City Attorney to get us copy of HB 2301.
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C. Concerning the discussions of sewer lines that we have been
having with New Braunfels Utilities, there is a letter in your Di
package from NBU General Manager Sohn to the Texas Water
Commission. Before the election, the discussions had been put on
hold but now seem to have picked up again. He is asking that the
Commission hold off granting the sewer permit to GBRA to allow
New Braunfels Utilities-Scoertz-GBRA to continue negotiations
that would provide a much more economical way of providing sewage
to the area. NBU is wor r ied about dumping sewage in the Dry
Comal River. There is also in the package a letter from New
Braunfels City Manager and the New Braunfels Chamber of Commerce.
It is sounding very good and depends on the time span of the
granting of a permit. This will save the City of Schertz
hundreds of thousands of dollars.
#9 ITEMS BY COUNCIL: Mr. Sharpe brought up the following:
A. HB 1330 on regulations of signs talks about payment of taxes
on signs. Mr. Gilmore said that just recently he has been told
that we now can tax signs and the appraisal district is suppose
to be taxing on signs.
B. we have been talking about drainage on Ripps property. Mr.
Harris said the condemnation has been filed. Mr. Gilmore said he
has a meeting with the involved people on Friday.
C. The Guadalupe County United Fund will meet this month and
they said they called SAFES asking for a request and had not
heard from them. Their meeting is Tuesday night.
D. Three or four months ago SAFES took over a closet from the
square dancers until they could complete their buildin9 - what is
toe status of that. Mr. Gilmore said the building 1S finished
and they are slowly moving. He was not sure when they would be
completed. However other problems have arisen over storage. The
library had to give up some of their storage and we had things
stored in the same place that we are having to move. Also others
have asked for storage space. Mayor Sawyer said that our
agreement with those who rent the Community Center does not
guarantee storage space. Mr. Sawyer said he did not object to
giving them the space but did not think we should put SAFES out.
Mr. Sharpe asked what happened to the estimate for adding another
floor to the Community Center that Mr. Ross was suppose to give
us. Mayor Sawyer asked Mr. Sharpe to try one more time to get
Mr. Ross to give us an estimate - if he would not, then we can go
to another person for an estimate.
Mr. Baldwin asked what was found out about the fence and fill, in
Cut Off Park. Mr. Gilmore said we have been stopped from
unloading the sweeper at the landf ill so we have to have some D
place to put the street sweepings. We put the fence up to try to
keep others from dumping there.
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Mr. Baldwin announced that the Senior Citizen Appreciation Day
had to be canceled because of conflicts with Cibolo and Universal
City. He said he would like to reschedule it for May 31, 1986.
He said he notified the senior citizens, Autumn Winds and have
put notices up everywhere. He said he would call RSVP in Seguin.
Mr. Aguilar reported on the library board meeting, saying they
did very well on the book sale. They were very pleased with all
the volunteer help and donations. Mr. Gene Riley donated 1873
books. The Board is continuing to plan for the bricking of the
building. They will need financial support this can be
discussed at the next workshop.
Mr. Greenwald asked the status of the sign ordinance. Mr. Harris
said he just fell down on that but would check for us.
Mr. Greenwald reported that the asphalt in front of GVEC is
really sunk in again. Also the street lights at 2600 Kline
Circle is out.
#lO ITEMS BY MAYOR: Mayor Sawyer said a while back he sent
a letter to the Highway Department demanding the speed limit on
Jack Hays Boulevard be lowered. Since we have not heard from
them, Mayor Sawyer asked that another letter be sent and ask for
an answer as we are very concerned.
Mr. Sawyer said he will be meeting with Dr. Steele to discuss
some land for a tank site.
Mr. Sawyer said he had a letter from Mayor Cisneros regarding
annexation, and they have agreed with everything that Mr.
Greenwald outlined.
Mr. Sharpe asked about the problem witp sidewalks and drainage on
Kline Circle. Mr. Gilmore said one has been fixed but two more
need to be completed.
Mr. Sharpe asked staff to get a copy of San Antonio ordinance
that allows alcoholic beverage in certain areas of zoning and not
in others.
Mrs. Krause thanked the Council for the beautiful flowers they
sent her for Secretary's Day.
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#ll ADJOURRMERT: On a motion by Mr. Greenwald, seconded by
Mr. Baldwin, the meeting was adjourned at 7:55
ATTEST:
Secretary, City of Schertz
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