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Mayor Sawyer told Mr. Mansfield that the Council was aware that the people
in Deer Haven were not happy about the rezoning; but since the zoning ordin-
ance had been followed, we are going ahead with the public hearing as scheduled.
#12 ADJOURNMENT: On a motion by Mr. Greenwald, which was duly seconded~
and unanimously carried, the meeting was adjourned at
7:58 P.M.
ATTEST:
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I.
REGULAR MEETING OF THE CITY COUNCIL
JANUARY 3, 1984
The Schertz City Council convened in Regular Session, Tuesday, January 3, 1984,
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 D.
Baldwin; Ross Hoover; Adolph Aguilar and Ken Greenwald. Staff present were:
City Manager Jimmy G. Gilmore and City Secretary June G. Krause.
After welcoming everyone to the meeting, Mayor Sawyer called Clayton McMahon
to the podium and presented him with a Certificate of Appreciation for his
service on the Planning and Zoning Commission.
PUBLIC HEARINGS: The Mayor opened the public hearings with the announce-
ment that these were joint public hearings with the
Planning & Zoning Commission, all of which were present. The purpose of
the hearings was to receive the views of the public on the four zoning
changes presented. He then turned the meeting over to Mr. John Linebarger,
Chairman of the Planning & Zoning Commission. Mr. Linebarger explained the
procedures as being: the public hearings were to seek the input from citizens,
then the P&Z has 10 days in which to make a recommendation to the City Council,
with the Council taking action at their next regularly scheduled meeting.
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A. Zoning Change No. 45: After having Mr. Hartzog point out on the
map the location of this proposal, Mr.
Linebarger explained that the Planning and Zoning Commission is recommending
rezoning approximately 128 acres of land from Pre-development (PO) to Single
Family Dwelling District (R-l). A letter was received from Mr. Von Scheele
requesting other types of zoning; however, this letter was received too late.
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As the public hearing was advertised as rezoning from PO to R-1, that is
what will be considered and heard at this time.
Mr. Rufus Barnes was the only person speaking on this item. He asked what 0
would happen to the CCMA offices in this area if thel'zoning was changed to
single family dwelling district. Mr.Linebarger said it would not affect .
the CCMA office~ property.
There being no further comments from either the Councilor P&Z and no other
citizens wished to be heard, this portion of the public hearing was closed.
B. Zoning Change No. 48: Rezoning of approximately 265 acres of land 'II
from Pre-development (PO) to Industrial District (light M-1). Again Mr.
Hartzog pointed the area under discussion out on the map. Mr. Linebarger
said that the P&Z recommendation of Light M-l is.the most restrictive
form of industrial and that it conforms with the City Plan by placing the
industries adjacent to the two railroad tracks.
Mr. Alton Wuest was the only citizen with any comments on this zoning and he
said he really had no objection since he was not planning to sell his property;
he just wanted information as to how much of his property was involved in this.
Mr. Linebarger advised him to contact City Staff for this information.
There were no questions or comments from City Councilor Planning and Zoning
members; therefore this portion of the public hearing was closed.
C. Zoning Change No. 49: Request by George Barnard for approximately
3 acres of land to be rezoned from Apartment/Multi-Family Dwelling District
(R-4) to General Business (GB).
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Mr. Barnard said he had talked with adjoining property owners and have said
they do not object to the zoning change. He has plans for a mini-storage
faci 1 ity.
Mr. Baldwin asked if this property was in the flood plain and was told it was
not. Mr. Aguilar asked about the mini storage, with Mr. Barnard explaining
that the mini storage would be on the back and completely covered with
office and storage in front and small apartment on the northwest corner for
care taker.
There were no further questions from Council, P&Z or citizens. Mr. Linebarger
closed this portion of the hearings.
D. Zoning Changer No. 50. Request by Don Ryden, representing the Larry
Thomas Company, for rezoning approximately 96 acres of land from Single
Family Dwelling District (R-l) to Planned Unit Development (PUD). The area
was identified as being south of but adjOining the Deer Haven Subdivision.
Mr. Larry Thomas gave a little back-ground on his company before explaining
some bf his plans for the area under consideration. After meeting with some
property owners, he was willing to change his plans and put a row of R-1
lots along the Deer Haven side with a sixty foot building set back line.
Then he plans a row of 7500 square foot lots, with no connecting streets
to Deer Haven. The deed restrictions would require all homes to be 75% 'Ur-t.
masonry and the 25% cannot be on the back of the house, which would have
a 1700 square foot restriction with two-car garages. The frontage on FM3009
would be zoned Neighborhood Services. There would be 29 lots of R-1 (9600
sq. ft) 24 of R-2 (7500 sq.ft) 78 of R-6 (6000 sq. ft.) 145 of R-6 (5,500 sq.
ft) and 132 R-6 of (5000 sq. ft.) for a total of 408 lots. Mr. Thomas said
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he was aware that there was a drainage problem and they met with thei~.and
the City engineer and plan a 2i to. 3 acre pond to help alleviate thei:problem.
Extensive study will done on this drainage.
Councilmembers questioned him on the drainage pond and Mr. Thomas said this
was usually a last resort type thing but that it would be valved to slow the
run off and during the period of no rain, it would just be a green area and
would be dedicated to the city who would be responsible for maintenance.
After questions by Council and P&Z, Mr.Linebarger asked the citizens to come
forward, give their name and address, and their views on the proposed rezoning.
The following citizens spoke against the rezoning citing such things as
too many entrances on FM 3009, only one entrance to the subdivision creating
fire hazard, downgrading the life style of Deer Haven residents, hazards and
mesquitoes from the detention pond, too great density, excessive traffice
on FM 3009, owners of smaller homes don't take care of them, they had rather
dodge skunks than dumptrucks, save:our trees, etc.:
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1. Ted Duigon - 1112 Antler Drive,
2. Rufus Barnes - 113 Antler Drive
3. Robert C. Bueker - 1000 Antler Drive
4. Bill Sommers - 1016 Antler Drive
5. Gene Cartwright - 1120 Fawn Drive
6. E.M. Crugnale - 137 Whomas Edison Drive
7. Clyde Dishon - 1116 Antler Drive
8. Sue Medinger - 1208 Antler Drive
9. Richard Howe - 1008 Fawn Drive
10. Mrs. Covert - San Antonio but owns property in Deer Haven
11. Barbara Latimer - 1016 Fawn Drive
12. Dana Sommers - 1016 Antler Drive
13. Ronald Rose - 1000 Fawn Drive
14. John Bowman - 1004 Fawn Drive
15. Kenneth Floyd -905 Antler Drive
16. Debroah Maruniak - 908 Antler Drive
17. Esther Boynton - 912 Fawn Drive
18. Bob Ryan - 912 Antler Drive
19. Marjorie Helms - 1204 Antler
20. Rubin Beck - developer of Deer Haven
21 Ann Hightower - 1008 Antler Drive
At the request of some in the audience, Mr. Linebarger asked for a show of
hands of those opposed to the rezoning and most all of the approximately 120
persons in attendance raised their hands.
There being no further comments from the audience or questions by either City
Councilor P&Z members, the public hearings weredeclared closed by Mayor
Sawyer at 9:00 P.M.
Mr. Sawyer then called for a short recess in order for the P&Z members to
adjourn to the conference room for the remainder of their meeting.
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The Regular Meeting was reconvened at 9:20 P.M.
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#1 APPROVAL OF MINUTES: Mr. Sharpe called attention to two errors
in the minutes, one a misspe~led word and Il
the other being on page 163 of the minutes of the regular meeting of II I
December 20, 1983, item #9 A, the last word should correctly be Austin
rather than Dallas as shown.)
Mr. Aguilar moved to approve the minutes of the regular meeting of December
20, 1983, as corrected. Mr. Greenwald seconded the motion, which carried
with the following vote:
AYES: Councilmembers Sharpe, Baldwint Hoover, Aguilar and Greenwald
NAYS: None
#2 HEARING OF RESIDENTS: Mr. Anderson wished to speak on BVYA
when item #8 comes before Council.
#3 ORDINANCE: Mayor Sawyer introduced an ordinance to be considered
for final passage and read the caption as follows:
ORDINANCE NO. 84=M-l
AN ORDINANCE PROVIDING FOR THE ASSESSMENT AND COLLECTION OF A
ROOM OCCUPANCY TAX; PROVIDING FOR THE USE OF THESE TAXES RECEIVED;
PROVIDING A SAVING CLAUSE; PROVIDING A PENALTY; AND PROVIDING A
REPEALING CLAUSE.
Mr. Sharpe moved to approve this ordinance providing for a room occupancy n
tax. Mr. Baldwin seconded the motion which carried as follows: L_~
AYES: Councilmembers Sharpe, Baldwin, Hoover, Aguilar and Greenwald
NAYS: None
#4 ORDINANCE: Mayor Sawyer introduced an ordinance for final" consi-
deration and read the caption as follows:
ORDINANCE NO. 84~M-2
AN ORDINANCE ADOPTING AN EMERGENGY OPERATIONS PLAN TO BE IMPLE-
MENTED IN THE CASE OF AN IMPENDING OR RECENT DISASTER OCCURING
IN THE CITY OF SCHERTZ; SAID PLAN SETTING FORTH THE AUTHORITY,
PURPOSE, OBJECTIVES, SITUATIONS AND ASSUMPTIONS, ASSIGNMENT OF
RESPONSIBILITIES, SUPPORT, RESOURCE MANAGEMENT, IMPLEMENTATION,
AND OTHER RELATED FUNCTIONS TO BE PERFORMED IN THE EVENT OF A
DISASTER; REPEALING ANY ORDINANCE IN CONFLICT AND ESTABLISHING
A PENALTY.
Mr. Hoover moved to adopt this ordinance on an emergency operations plan
and establishing a penalty. Mr. Baldwin seconded the motion, which carried
with the following vote:
AYES: Councilmembers Sharpe, Baldwin, Hoover, Aguilar and Greenwald
NAYS: None
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#5 ZONING CHANGE NO. 49: As a recommendation had not been received
from Planning and Zoning, Mayor Sawyer
asked that both this item and Item No. 6 be held in abeyance.
#7 EXECUTIVE SESSION: None needed at this time.
#8 CITY MANAGER'S REPORT: Mr. Gilmore asked that Mr. Anderson be
allowed to speak at this time.
Mr. Anderson, representing Buffalo Valley Youth Association (BVYA) said that
thei r agreement with the Ci ty expi red December 31, 1983, and they woul d 1 i ke
to bring it up for consideration for the current year. He said they proposed
no changes but would like the word "minor maintenance" to be spelled out a
little~ Mr. Gilmore suggested Mr. Anderson stop by his office and they can
work out the details, then Council can take it under consideration at the
next workshop.
#9 ITEMS BY COUNCIL: Mr. Hoover announced that the road equipment
that has been left at the Randolph Christian
Church property is on a truck and on its way out, which pleases everyone
concerned.
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Mr. Sharpe asked the City Attorney the status of the Schaefer Road Water
System purchase. Mr. Harris said he had gotten a response from HUD finally
and they have agreed to our proposals. It is now just a matter of sitting
down and finalizing the attachments to the agreement and sending back to HUD
for final approval.
Mr. Aguilar asked what the latest is on the metering of water in the Rittimann
addition. Mr. Gilmore said we are in the process of putting in meters. Letters
have been sent to all customers spelling out the procedures.
#10 ITEMS BY MAYOR: Mayor Sawyer advised the remaining members of the
audience that the City Plan referred to at the
public hearing was never adopted by the City. However, we do now have a
plan that has been adopted by Council and if anyone would like to stop by
the City offices or Library, they could review the plan.
Mayor Sawyer then asked to go back to items #5 and #6 and have a moti on to
table as there was still no recommendation from the P&Z.
#5 & #6 ZONING CHANGES 45 & 50: Mr. Hoover moved to table thisitem
on Zoning Changes Nos. 49 and 50
until the next meeting. Mr. Baldwin seconded the motion which carried as
fo 11 ows :
AYES: Councilmembers Sharpe, Baldwin, Hoover, Aguilar and Greenwald
NAYS: None
#11 ADJOURNMENT: On a motion by Mr. Hoover, duly se onded and unanimously
carried, the meeting was adjourne at 9:40 P.M.
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