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REGULAR MEETING OF THE CITY COUNCIL
OCTOBER 4, 1983
The Schertz City Council convened in Regular Session, Tuesday, October 4,
1983 at 7:00 P.M. in the Council Chambers, 1400 Live Oak Road with the
following members present: Mayor Earl W. Sawyer, presiding; Charles B.
Sharpe; Hal Baldwin; Ross Hoover; Adolph Aguilar and Ken Greenwald. Staff
were City Manager JimmY G. Gilmore and City Secretary June G. Krause.
Before opening the public hearings, Mayor Sawyer advised the citizens that
Council had selected Ken Greenwald to replace Jackie Lawler in Place 5 on
the City Council. He then swore in Mr. Greenwald.
PUBLIC HEARINGS: The City Council and the Planning and Zoning Commission
held joint public hearings as follows:
A. Mayor Sawyer opened the public hearing and explained the purpose of the
hearing was to receive input from the public for a recommended change to the
Zoning Ordinance No. 79-S-15 to change Article XXI Planned Residential Unit
Development District (PRUD) to Planned Unit Development. He then turned the
hearing over to the Chairman of the Planning and Zoning Commission.
Mr. John Linebarger explained the change would allow a developer to have not
only residential but business and light industry in one development. The
PRUD we presently have is only for different types of residential in one unit.
He went on to explain that the P&Z had studied this at length and felt it was
a good change and will help development in the city. He then asked for
comments from the audience.
Mr. John Horton of 16940 IH 35 North said that he owned property adjacent to
one that is under consideration and that in the past his property was rezoned
commercial.
Mr. Linebarger explained that there would be a public hearing when a specific
development in his area was under consideration-; however, tonight the public
hearing was only to consider the proposed change in the ordinance.
Mr. John Bowman of 1117 Antl er Dri ve asked for several changes in the proposed
ordinance change. He suggested that the terms recreational and industrial
might be clarified as they mean different things to different people. Also
the term "Light Industry" needs to be defined in more detail. He also thought
the set back lines are inadequate when it abutts a residential area, and the
term landscaping should be more definitive.
Mr. John Busby of 1021 Fawn Drive said he would like to support the views of
Mr. Bowman.
There being no further comments from citizens, Mayor Sawyer declared this
public hearing closed at 7:17 P.M.
B. Specific Use Permit: The public hearing on the specific use permit was
opened immediately and Mr. Linebarger explained the purpose of this hearing
was to receive input from the public for a Specific Use Permit to locate
a church at Block 1, Lots 1 and 2 of the Biegert Subdivision, 103 and 105
Church Street.
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Mr. Carlton Jackson of 211 Mitchell Avenue, spoke as representative of the
Church of Christ who are requesting the permit. He said the church has been
in existence for about li years and have been meeting in the Sequin Savings
and Loan Meeting Room, which has become inadequate for their needs. In looking
for property to locate a church, they came across these two residences on
Church Street which will suit their needs both now and in the future. He
showed a drawing which provided for 40 parking spaces comfortably1in the back
of the property. He explained that they possibly have 20 cars now so this
would allow for the expansion of the church. Answering questions of Council
and P&Z, he said there is land adjacent to this property that might be pur-
chase for parking also. He also explained that there is no way to make
another entrance or exit from this property except the one on Church Street.
Miss Charlotte Dowman of 112 Church Street said that she was not opposedl:the
church being there if they were not too noisy and would not create a big traffic
problem.
Mr. Rex Gordon of 104 Church expressed his opposition to the church.
Larry Betcher of 107 Church was also opposed to the church being there.
Ms. Patricia Hand of 106 Church spoke in opposition.
Mr. Phil Penvose of 108 Church was also opposed.
The main objection of all the residents of Church Street is the traffic problem
created by one way in and one way out access to the proposed church.
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I There being no further comments from the audience, the Mayor declared the public
l hearing closed at 7:40 P.M.
Mayor Sawyer asked for a recess at 7:40 P.M. in order for the Planning and
Zoning members to depart for their separate meeting.
The Regular Meeting was reconvened at 7:50 P.M.
BOARD OF ADJUSTMENT: The Mayor explained that the Council would sit as the
Board of Adjustment at this time. He explained the
purpose for the BOA hearing was to consider a Special Exception to the Zoning
Ordinance, Article XVI, "Restricting the height of fence in front yard". The
petitioner is Dennis Taylor of 434 River Road.
Mr. Taylor said that the Mayor had been by his house and could see nothing
wrong with his request. Mr. Taylor had pictures of his yard where he had
laid out the outline of the fence with pvc pipe. He explained that the fence
would not cause visual traffic problems and that he had talked with all his
neighbors and all but one had no objection to his putting up this fence.
Answering questions, Mr. Taylor said it would be a 6 foot privacy fence and
that he would use the old cedar so that it would not appear part new and part
old. The placement of his property on the corner of a cul de sac, makes his
back yard very small with no room for family privacy. There are shrubs on
his street that go all the way to the street which would be a traffic hazard
much more than his setback privacy fence. Also the police had looked at it
when he had the pvc down and they did not see any problems.
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There being no further discussion, Mayor Sawyer called for a motion on this
matter.
Mr. Sharpe moved to approve the building of a fence as indicated by plans
submitted by Mr. Dennis Taylor at 434 River Road. Mr. Aguilar seconded
the motion which carried with the following vote:
AYES: Counci1members Sharpe, Hoover, Aguilar and Greenwald
NAYS: Councilman Baldwin
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#1 APPROVAL OF MINUTES: As there were no minutes submitted, Mr. Aguilar
moved this item be tabled. Mr. Sharpe seconded
the motion which carried as follows:
AYES: Counci1members Sharpe, Baldwin, Hoover, Aguilar and Greenwald
NAYS: None
#2 HEARING OF RESIDENTS: None
#3 RESOLUTION: Mr. Sawyer explained this resolution would adopt proce-
dures for operation of the Animal Shelter. The A/C
Officer and the Humane Society had worked hard to prepare these procedures
and Council had studied them at the last workshop. He then read the caption
as follows:
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RESOLUTION NO. 83-R-13
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS,
ADOPTING THE STANDARD OPERATING PROCEDURES FOR THE SCHERTZ
ANIMAL SHELTER.
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Mr. Hoover moved to approve the resolution adopting the operating procedures
for the Animal Shelter. Mr. Sharpe seconded the motion which carried as
follows:
AYES: Counci1members Sharpe, Baldwin, Hoover, Aguilar and Greenwald
NAYS: None
#3-A RESOLUTION: Mayor Sawyer introduced a resolution and read the
caption as follows:
RESOLUTION NO. 83-R-14
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS,
AUTHORIZING AND DIRECTING THE INSTITUTION OF PROCEEDINGS IN
EMINENT DOMAIN FOR THE PURPOSE OF ACQUIRING EASEMENTS FOR SEWER
PURPOSES.
Mr. Richard Harris, City Attorney, said he was asked to institute condemna-
tion proceedings and since there are court opinions that say you should
have a resolution, this is just a formality and he will have the action to
show the courts.
Mr. G;lmore po;nted out on the maps the locat;on of the property ;n quest;on. ~
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Mr. Sharpe moved to approve the resolution authorizing and directing the
institution of proceedings in eminent domain for the purpose of acquiring
easements for sewer purposes. Mr. Hoover seconded the motion which carried as
follows:
AYES: Counci1members Sharpe, Baldwin, Hoover, Aguilar and Greenwald
NAYS: None
#3-B ORD INANCE : Mayor Sawyer introduced an(: ord i nance and read the
caption as follows:
ORDINANCE NO. 83-M-13
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS,
DECLARING THAT THE CITY PROPERTY AT 100 FIRST STREET IS EXCESS
TO THE NEEDS OF THE CITY OF SCHERTZ AND IS HEREBY AUTHORIZED TO
BE SOLD IN ACCORDANCE WITH VERNON'S TEXAS CIVIL STATUTES, ARTICLE
1017; AND DECLARING AN EMERGENCY.
Mr. Aguilar moved to adopt an ordinance declaring that the property at 100
First Street is excess and authorizing it to be sold. Mr. Baldwin seconded
the motion which carried as follows:
AYES: Couhcilmembers Sharpe, Baldwin, Hoover, Aguihr and Greenwaldl (
NAYS: None
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#4 ORDINANCE: The Mayor introduced an ordinance and read the caption
as follows:
AN ORDINANCE
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, AMENDING
ORDINANCE NO. 79-S-15 IN ACCORDANCE WITH ARTICLE XIX, SECTION
2-2.1 WHICH AUTHORIZES THE CITY COUNCIL TO, FROM TIME TO TIME,
AMEND, SUPPLEMENT, CHANGE, MODIFY OR REPEAL THE REGULATION
STANDARDS AND BOUNDARIES OF THE CITED ORDINANCE; THIS ORDINANCE
DOES AMEND ORDINANCE 79-S-l5 BY DELETING ARTICLE XXI "PLANNED
RESIDENTIAL UNIT DEVELOPMENT II AND REPLACING IT WITH "PLANNED
UNIT DEVELOPMENT II ; AND REPEALING ALL ORDINANCES IN CONFLICT
WITH THIS ORDINANCE, SPECIFICALLY ORDINANCE NO. 81-S-18.
Mayor Sawyer said that since we do not have a recommendation from the P&Z
on this ordinance, we will pass it and come back to it later.
#5 ORDINANCE: Mayor Sawyer introduced an ordinance and read the
caption as follows:
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AN ORDINANCE
BY THE CITY COUNC I L 0 F THE CITY OF SCHERTZ, TEXAS, ADOPTI NG
THE STANDARD MECHANICAL CODE, 1982 EDITION, TO INCLUDE ALL
FUTURE EDITIONS, REVISIONS AND AMENDMENTS, PUBLISHED BY THE
SOUTHERN BUILDING CODE CONGRESS INTERNATIONAL, AS THE MECHANICAL
CODE OF THE CITY OF SCHERTZ, TEXAS; DESIGNATING THE MECHANICAL
INSPECTOR; SETTING ALL BONDS AND FEES; PROVIDING FOR A PENALTY;
AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT.
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Mr. Baldwin moved to approve on first reading an ordinance adopting the
Standard Mechanical Code. Mr. Greenwald seconded the motion which carried
as foll ows:
AYES: Councilmembers Sharpe, Baldwin, Hoover, Aguilar and Greenwald
NAYS: None
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#6 RESOLUTION: Mayor Sawyer introduced a resolution and read the
caption as follows:
RESOLUTION NO. 83-R-15
A RESOLUTION BY THE CITY COUNCIli OF THE CITY OF SCHERTZ, TEXAS,
PLACING IN NOMINATION CECIL E. TILGHMAN FOR THE DIRECTORSHIP
OF THE GUADALUPE COUNTY APPRAISAL DISTRICT.
Mr. Hoover moved to approve the resolution placing Cecil Tilghman's name
in nomination for the Board of Directors of the Guadalupe County Appraisal
District. Mr. Aguilar seconded the motion which carried with the following
vote:
AYES: Councilmembers Sharpe, Baldwin, Hoover, Aguilar and Greenwald
NAYS: None
#7 SPECIFIC USE PERMIT: Mayor Sawyer said that since we had not re-
ceived a recommendation from the P&Z, we
would pass over this item for the present.
#8 EXECUTIVE SESSION: None needed.
#9 CITY MANAGER'S REPORT: A. Called attention to a letter from
Mr. Barshop regarding the sign on
IH35 stating the City may keep the sign previously belonging reo Mr. Riedel,
at its current location and specifying the terms. Council concensus was
to agree to the terms.
B. There will be a meeting on October 11th, in which Barshop Enterprises
will discuss their Park 35 project and show slides to any citizen interested.
Letters will be sent to Deer Haven residents but other groups or individual
citizens may attend.'
C. Also a letter to the Housing Authority informing them their application
for five units under Section 8 has been approved.
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D. Also called attention to a memo from the Streets & Parks Superintendent
regarding a request from the City of Cibo10 for an agreement between the two
cities for street sweeper use. This will be discussed in detail at the next
workshop meeting.
E. The Police Department had two young ladies come in who had been assaultedJ
the culprit was caught;and in appreciation, they brought in a cake and card
of appreciation.
F. We are still waiting on HUD for approval to purchase Schaefer Road Rural CI
Water Supply District.
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#10 ITEMS BY COUNCIL: Mr. Sharpe asked when the police would be finger-
printing at Weiderstein. Mr. Gilmore said the
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next day.
Mr. Aguilar reported on the Library Board meeting. He said it is evident to
him that the Board members go out and get items for the library that will
benefit the City. The building is completed and in his opinion, financially
the City will have to pay a minimal amount.
Mr. Greenwald said he thanked the Council for his appointment and he looked
forward to serving the citizens of Schertz.
#11 ITEMS BY MAYOR: Mr. Sawyer said the library is coming in under
estimate, which goes to show what a group of
citizens can do-for very little. He said the dedication should be December 3,
Mayor Sawyer called for a recess at 8:35 P.M.
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The Regular Meeting was reconvened at 8:46 P.M.
#4 ORDINANCE: Mr. Sawyer reminded Council that this is the first
reading of an ordinance amending the Zoning Ordinance
by changing the articel on PRUD to a Planned Unit Development. Also the
Council can act on this first reading and still make changes before the
final passage of the ordinance.
Mr. Baldwin moved to approve ther-first reading of an ordinance amending the
r Zoning Ordinance by deleting Article XXI PRUD and changing it to include
r a Planned Unit Development. Mr. Hoover seconded the motion, which carried with
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AYES: Councilmembers Sharpe, Baldwin, Hoover, Aguilar and Greenwald
NAYS: None
#7 SPECIFIC USE PERMIT: Mayor Sawyer said he had received a recommend-
ation from the Planning and Zoning on the
request for a Specific Use Permit. He read the recommendation as follows:
liThe Planning and Zoning Commission voted 6 to 0 against the Church of Christ
to locate their church at Block 1, Lots 1 & 2, Biegert Subdivision. This
proposed church site is located where a very narrow street dead ends. Church
street right of way is 30 feet with a 2J foot paved surface. There have been
problems in the past in this part of the City with parking and blocking
access for fi re trucks. II }
Mr. Hoover said he didn't have anything against it if all things were complied
with.
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Mr. Aguilar moved to concur with the recommendations of the P&Z to disapprove
the specific use permit to locate a church at 103-105 Church Street. Mr.
Baldwin seconded the motion, which carried with the following vote:
AYES: Councilmembers Sharpe, Baldwin, Aguilar and Greenwald
NAYS: Councilman Hoover
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#12 ADJOURNMENT: Mr. Sharpe moved the meeting be adjourned at 9:50 PM
Mr. Baldwin seconded the motion, which was carried
unanimously.
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ATTEST:
SPECIAL MEETING OF THE CITY COUNCIL
OCTOBER 12, 1983
The Schertz City Council convened in Special Workshop Session, Wednesday,
October 12, 1983, at 7:00 P.M. in the Conference Room of the Municipal
Complex, 1400 Live Oak Road with the following members present: Mayor
Earl W. Sawyer, presiding; Charles B. Sharpe; Hal Baldwin; Ross Hoover; r-l
Adolph Aguilar and Ken Greenwald. Staff were City Manager Jimmy G. Gilmore U
and City Secretary June G. Krause.
#1 HEARING OF RESIDENTS: None
#2 WORKSHOP:
A. Discussion of recognition of a citizen for outstanding
service to the community.
Mayor Sawyer said this item had been suggested by Mr. Aguilar and he concurred
wholeheartedly with the idea. Mr. Aguilar said that Mr. Fred Ross has done
some tremendous things for the library and the City - not to minimize the other
volunteer members of the Library Board. He spent many volunteer hours develop-
ing the plans for the library and donated the use of his equipment. He should
be recognized at least by a Certificate of Appreciation.
Council discussed what type of recognition should be given Mr. Ross and
decided a proclamation, on parchment and framed, designating a certain day
as "FRED ROSS" day would be nice to be presented at the dedication ceremonies
tentatively set -for December 3rd.
B. City of Cibolo request: Mayor Sawyer listed the three requests
being made by the City of Cibolo as
(1) Water main connection; (2) Street Sweeper agreement and (3) Water
system service agreement.
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