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ccreg 11-15-1983 147 r- I I appreciate it if Council would help squelch the rumor; that there are no plans in the city to fire the police chief. Mr. Hoover asked if anything had been done about removing the paving equipment from the church property on Oak Street. Mr. Gilmore said we have not had any luck in finding anything big enough to move it. Mayor Sawyer asked Councilmembers to keep in contact with the different organizations and cmmmittees of which they are ex-officio members because people don't come to meetings and we need to know what people want from City officials. #9 ADJOURNMENT: There being no further items to come before Council, the Mayor declared the meeting adjourned at 9:25 PM. ATTEST: ~ \ ( REGULAR MEETING OF THE CITY COUNCIL NOVEMBER 15, 1983 The Schertz City Council convened in Regular Session, Tuesady, November 15, 1983 at 7:00 P.M. in the Council Chambers, 1400 Live Oak Road with the follow- ing members present: Mayor Earl W. Sawyer, presiding; Charles B. Sharpe, Hal Baldwin; Ross Hoover; Adolph Aguilar and Ken Greenwald. Staff were City Mana- ger Jimmy G. Gilmore and City Secretary June G. Krause. PUBLIC HEARING: After welcoming all the citizens to the meeting, Mayor Sawyer explained that the purpose of the public hearing was to receive input from the public for rezoning request submitted by Barshop Enterprises on approximately 178 acres out of A-153 T. Herrera Survey, Guada- lupe County, located at the southwest corner of IH 35 and FM 3009 and approxi- mately 18 acres out of A-299 John Saladin Survey, Guadalupe County, located at the southeast corner of IH 35 and FM 3009 for rezoning to be established as a Planned Unit Development (PUD). He then turned the public hearing over to Planning and Zoning Chairman, John Linebarger. Mr. Linebarger said he would first like Mr. Risinger, representing Barshop Enterprises, to give a briefing and explain their plans. ~ Mr. David Risinger, architect, said he welcomed the opportunity to come before the Council and P&Z members to present their plans and program. He said they have worked extensively with the homeowners near the project and have taken their concerns into consideration. They began their preliminary planning in May through August. In September they initiated informal meetings with City staff and had a preliminary meeting before Planning and Zoning. On October 17 they had a meeting with homeowners, where about 60 people attended. On October 24th the submitted their application to the City. After that they 148 contacted individual homeonwers and on November 8th had a follow-up meeting. This evening is the culmination of all these meetings. He then gave a slide presentation, showing what was proposed and how it would look. Mr. Risinger said the initial presentation to homeowners was for a 25 foot n green buffer zone with a 25 foot set back. The people's concern was that ~ they did not want to be visually put upon. Therefore, the plans were ~ changed to include a 7 foot cedar fence between the homeowners's property and the project. The fence to be offset about 3 feet to preserve trees or vegetation. They are willing to do this as well as limiting building height along the buffer zone to 30 foot height with no window openings. The following citizens spoke on the rezoning, mostly not against Barshop Enterprises but wanting no fence and a larger buffer zone: Ann Ladds - 921 Fawn Drive - no fence and larger greenbelt Bill Sommers - 1016 Antler Drive - increased traffic on FM 3009 Bob Magot - 1113 Fawn Drive - only 1 story building E. J. Head - 909 Fawn Drive - wants extended green belt - no fence Ronald Rose - 1000 Fawn Drive - commitment to maintain greenbelt Kenneth Place - 1001 Fawn Drive -where was private meeting held Harry Richberg - 1005 Fawn - he was contacted to hold meeting at his house. Norma Head - 909 Fawn Drive - no fence, at least 50' greenbelt Roman Frobese - 3515 FM 3009 - concerned about drainage Richard L. Howe - 1008 Fawn - feels it is the best thing for Schertz Glenn Bennett - 5218 Cabana - will his area get same treatment as Fawn Dana Sommers - 1016 Antler - please with Barshop but concerned with traffic. Pat White - 109 Richardson - not against project but concern of traffic. After listening to and answering questions of the citizens, David Risinger 0,' said their company got caught in a bind with the homeowners. They thought they were fulfilling their wishes; however, as it seems to be their wishes now, they will commit to a 75 foot building set-back line with a 30 to 50 foot buffer green area. He said they thought they were responding to the homeowners wishes before; but if this is what they now want, they are willing. Councilman Sharpe asked the Chairman ~f the rezoning is denied and left zoned R-l, what would the setback be. Mr. Linebarger said 25 foot. Mr. Linebarger finalized the public hearing by saying he felt that Barshop Enterprises have come through with fine proposals and all their efforts have been to respond to each of us. He said he thought we have to look at what the alternatives would be. Mayor Sawyer declared the public hearing closed at 8:19 P.M. The Regular Session of the City Council waS reconvened at 8:35 P.M. by M~or Sawyer. #1 APPROVAL OF MINUTES: Mr. Hoover moved to approve the minutes of the Workshop Session of October 26, 1983, and the Regular Session of November 1, 1983. Mr. Baldwin seconded the motion which carried with the following vote: AYES: Councilmen Sharpe, Baldwin, Hoover, Aguilar and Greenwald NAYS: None o ~~. ~. 11 f") i. "-:1- J #2 HEARING OF RESIDENTS: No one present wished to speak. r- I I , #3 RESOLUTION: Mayor Sawyer introduced a resolution and read the caption as follows: RESOLUTION NO. 83-R-20 A RESOLUTION AUTHORIZING THE ALAMO AREA COUNCIL OF GOVERNMENTS TO SUBMIT AND PURCHASE ON THE CITY'S BEHALF, RADIO EQUIPMENT THROUGH THE CRIMINAL JUSTICE DIVISION OF THE GOVERNOR'S OFFICE. Mr. Sawyer explained this would allow the City to purchase these radios on a 50-50% basis, the radios being badly needed to replace old equipment. Mr. Sharpe moved to approve the resolution authorizing Alamo Area Council of Governments to purchase radios om'behalf of the City of Schertz. Mr. Green- wald seconded the motion. Mr. Hoover asked when these radios would be purchased and Mr. Gilmore said they are just waiting on the paper work. Mr. Baldwin asked if these would replace old equipment and what would happen to those removed. Mr. Gilmore said they would be replacements and that we would either salvage what we could or sell them as the case may be. Mayor Sawyer called for a vote on the motion before Council, with the vote ~ carrying as follows: AYES: Councilmen Sharpe, Baldwin, Hoover, Aguilar and Greenwald NAYS: None #4 ORDINANCE: Mayor Sawyer introduced an ordinance and read the caption as follows: AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF SCHERTZ, TEXAS, BE AMENDED BY REVISING SECTIONS 12-6(b) and l2-6(d); PROVIDING THAT NOTIFI- CATION BE MAILED TO PARTIES WHO FAIL TO APPEAR IN MUNICIPAL COURT AND PROVISIONS FOR ARREST, CONFINEMENT, FINE AND POSTING OF BONDS. Mr. Aguilar moved to approve on first reading an ordinance amending the Code by revising Sections l2-6)b) and (d) providing for updating warrant fees. Mr. Sharpe seconded the motion, which carried with the following vote: AYES: Councilmen Sharpe, Baldwin, Hoover, Aguilar and Greenwald NAYS: None -- Mr. Baldwin asked if Council could haVe a general briefing on warrant proce- dures at the next workshop. #5 ZONING REQUEST: Mayor Sawyer said since Council does not as yet have a recommendation from Planning and Zoning this item will be skipped over at this time. 150 #6 EXECUTIVE SESSION: None needed. #7 CITY MANAGER'S REPORT: A. The City Manager handed out the invitations to a Floodplain n Management Workshop for local community leaders presented by the Depart- \ ment of Publ ic Safety Flood Insurance Assistance Program and the Texas Lj Department of Water Resources, to be held Monday, November 21, 1983, at 6:00 P.M. in the Council Chambers. He briefly told Council what the meet- ing would cover. B. Mr. Gilmore said he was preparing a Safety Program for staff. This will include safety classes and will help in accident related incidents both for staff and citizens. The document will be prepared and brought to Council and with their blessing will be implemented. C. The sign, that has been discussed welcoming people to Schertz, has been approved by the Business Club and Barshop Enterprises. Work on the sign should be commenced the next day. D. Another grant application has been disapproved. Mr. Gilmore said he had talked with Dr. Leary to see if it could be reimplemented under a different program. #8 ITEMS BY COUNCIL: Mr. Hoover brought up the subject of glass containers in the park, which are really becoming a problem. People are breaking them and someone is going to get seriously hurt. He suggested Oouncil discuss at the next workshop getting an ordinance outlawing glass containers in the park. Mr. Baldwin asked if Council could discuss at the next workshop the proba- bility of increasing the over 65 tax exemptions. Mr. Sharpe suggested a listing of how many people would be involved and if changed, what affect it would have. r-I '---J Mr. Aguilar said he would like for the Council to be prepared to present, at the Floodplain seminar, the City's drainage problems. Mr. Aguilar also said that while walking through the travel trailer park behind the Smoke Pit, he noticed some campers that had questionable connections. Mr. Gilmore explained he had a staff member out that day checking on those connections and they are proper for that type of park. The man we sent down there was bitten real bad by a large dog, that broke his chain and ran him ~own. #9 ITEMS BY MAYOR: None #5 ZONING REQUEST: Mayor Sawyer, having received the recommendation from P&Z, asked to go back to this time. He read the recommendation from P&Z, who approved the request with exceptions. Mr. Sharpe moved to approve the Planning & Zoning recommendation to approve Zoning Change #47 with self imposed 75 foot building setback, to include 50 foot greenbelt along single family residential areas and include a berm; :~~~ ~~r~~~~~~ ~~~~~c~~~~~~i9~~.C~~~v:~0~e~~~d~~h~~~1~0~fo~s:~i~~b~~~~~~d .U~ with the following vote: :';I~ r } r J ~ 151 AYES: Councilmen Sharpe, Baldwin, Hoover, Aguilar and Greenwald NAYS: None #9 -ITEMS BY MAYOR: Mayor Sawyer said we, as City officials, should try to entice more business like Barshops Enter- prises to come into our city. The have bent over backwards to please every- one. We welcome doing business with Barshop Enterprises. #10 ADJOURNMENT: On a motion by Mr. Aguilar, seconded by Mr. Baldwin and unanimously carried, the meeting was adjourned by Mayor Sawyer at 9:11 P.M. ATTEST: ;~