ccreg 01-17-1984
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REGULAR MEETING OF THE CITY COUNCIL
JANUARY 17, 1984
The Schertz City Council convened in Regular Session, Tuesday, January 17,
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 Baldwin; Ross Hoover; Adolph Aguilar and Ken Greenwald. Staff
were City Manager Jimmy G. Gilmore and City Secretary June G. Krause.
PUBLIC HEARING: Mayor Sawyer we1comed everyone to the meeting and ex-
plained the first public hearing was to be held jointly
with the Planning and Zoning Commission to receive input from the public for
rezoning of apprOXimately 41 acres of land from Mobile Home District (MH)
and Single Family Dwelling District (R-l) to General Business. He then
turned the hearing over to P&Z Chairman John Linebarger.
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Mr. Linebarger, after stating that this was an unique piece of rezoning,
turned the meeting over to Mr. Bradley to explain, just what he was asking
for in zoning. Mr. Bradley pointed out the property is located on IH35
where there is a present mobile home park. He asked, for the entire area
to be rezoned general business but was asking for a specific Use permit for
the back portion for a mobile home park for a three year period. The mobile
home park would be complete with pool facility with a wall to separate that
portion from the front portion. After the three year period, all the mobile
home area would be taken out and the land would be used for warehouse, office
buildings, etc..
Mr. Aguilar asked if you could have a specific use for mobile home park in
a general business area and Mr. Linebarger said he could find nothing in the
ordinance to prevent it.
Mr. Baldwin asked what guarantee the City had that the mobile homes would be
taken out in three years. Mr. Linebarger said the park would be platted
according to ordinance and would include the stipulation that the expiration
date for the specific use would be in three years.
Mr. Aguilar then asked if the people living there now that would have to be
moved to the new mobile .home area, would incur any cost for the move. Mr.
Bradley said that his company would pay the moving costs for the residents.
Mr. Linebarger then asked if anyone in the audience had questions pro or con
on this rezoning request.
Mr. Robert Bueker of 1000 Antler Drive said that the western boundary of this
property was contigious with the extra territorial jurisdiction of Selma
and wanted to know if there would be any conflict with them on this.
Mr. Bradley said he did not have an answer to that but he would check.
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There being no further questions from the audience, City Councilor Planning
and Zoning Members, Mayor Sawyer declared this public hearing closed at
7:12 P.M.
The meeting was reconvened at 7:19 P.M.
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PUBLIC HEARING: Mayor Sawyer opened the second public hearing
announcing this was for the Council to receive the
views of the public on the proposed annexation of 305.52 acres of land
out of Comal County.
Mr. Gilmore pointed the area out on the map, stating that this is prime
industrial area and has been proposed for annexation in order for the City
to provide the necessary facilities so that it can be developed.
The following citizens spoke regarding the proposed annexation:
1. Mr. Earl Mayfield- Was not really against but thought it might
be premature and wanted to know what he could expect from the City.
Mr. Gilmore explained the City could furnish police and fire protection,
garbage,~,wateri and sewer service, within the two year period.
2. Mrs. Robert S. McHardy- felt the City had no right to annex as
they are'! fanners. She aJso asked why there was a jump in the
area considered for annexation. Definitely opposed.
3. Jo Anita Reed- she just has a little strip of land in the area and
doesn't see any advantages to her - they are also farmers.
4. Rufus Barnes- has no direct interest in this particular area but
just wanted to say that the Council is promising the five services
when he felt they could not furnish them within the two years.
5. Mildred Vordenbaum - she said she lives in New Braunfels and only
asked if she heard that the services should be supplied to this
area in two years.- also farm land.
Mr. Baldwin said he did not see an advantage to the City on farm land
because of the agriculture exemptions and advantages of the farmers. Very
little taxes would be assessed.
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6. Mr. Bob Bueker - spoke in defense of annexation in general. He
said that if the city does not exercise their annexation over an
area, they do not have any control over what goes in there. Annexation is
the only way to protect the value of the land in an area.
There being no further citizens wishing to speak, Mayor Sawyer declared the
public hearing closed at 7:37 P.M.
Before starting the regular agenda items, Mayor Sawyer read a proclamation
declaring the week of January 15 through 21st as "Jaycees Week". He then
presented the proclamation to Mr. Mike Miller, representing the Jaycees.
#1 APPROVAL OF MINUTES: Mr. Aguilar moved to approve the minutes of
the regular meeting of January 3, 1984.
Mr. Baldwin seconded the motion, which carried with the following vote: 0
AYES: Counci1members Sharpe, Baldwin, Hoover, Aguilar and Greenwald.
NAYS: . Nbne
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#2 HEARING OF RESIDENTS: Mr. Daniel Jameson of 1048 Richmond Drive
spoke regarding a drainage ditch or easement
in back of his house, saying it is a 19 foot ditch and when it rains, the
water just stands there. The police ticket his family and friends when they
park there. He said his father would be willing to seJl the land,at $2.50
per foot, if the City wanted to buy it. He said he had driven allover
Schertz and this is the largest ditch in town. He gave Council until the
15th of February to do something about it or he would call Paul Thompson.
Mayor Sawyer thanked Mr. Jameson and said they will have the City Manager
look into it as Council did not know the full problem at this time.
#3 ORDINANCE: Mayor Sawyer introduced an ordinance amending the
Zoning ordinance by rezoning approximately 96 acres
of land out of Guadalupe County from Single Family Dwelling District to
Planned Unit Development. Mr. Sawyer explained that since the City was pre-
sented with a petition with at least 20% of the owners of property immediately
adjoining the area in question, it, would require a 3/4 vote of the Council
to approve the change which would be four votes of Council.
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Mr. Aguilar moved that Council approve the consideration of the ordinance
amending the zoning ordinance by rezoning approximately 96 acres of land out
of Guadalupe County from Single Family Dwelling District to Planned Unit
Development, with the following provisions:
1. that in their planning they showed(:us, I want to make sure that they
have a stub-out on the western boundaries of their plan so that it could be
used on a future date for an access road to the development and it should be
one of the requirements it should be sixty foot.
2. That an additional stub-out be required on the southern edge of the
plan somewhere on the eastern section so it would lrtne up with future develop-
ment that would be placed tnere or line up with Horse Shoe Oaks so eventually
they will have the possibility of two connection roads.
3. Because of the different type: of questions we have had regarding
businesses on 3009, I would like to recommend or suggest that the Planning
and Zoning Commission review our business zones on FM 3009 for better utili-
zation or better use of those businesses that will front FM 3009 and ask the
developer not to(lbuild anything on those fronting lands that fronts FM 3009
for at least two years or until the zonings are reviewed for better utilization
to preclude the conglomeration of signs that we are having or for better
asce~ic on FM 3009.
Mr. Greenwald seconded the motion.
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Mr. Sharpe said that because of the large number of property owners at the
recent public hearing that were against this rezoning, he had done a lot of
research on their concerns. One of their concerns was the styly of living
and fortunately we do not all agree on a style of living. There was also
discussion as to where to put R-l size lots. It has taken Deer Haven 17
years to build out and there are still some empty lots there. Greenfield
Village~,wrtlth a number of R-l lots, there are still 38 or 48 R-l lots
available. In Oak Forest, across from Deer Haven, there are a number of R-l
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lots available to build on. As for the R-2 lots, all of those that have
been platted with the exception of Horse Shoe Oaks. Another concern was
drainage - certainly there is a problem and there will continue to be a
problem as long as it rains but the developer has a possible solution
that will at the least not make it worse.
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Perhaps the biggest concern,of the citizens was traffic on FM3009, which
is a major thoroughfare between FM 78 and 135. This is a concern of the
Planning and Zoning and City Council, who are working with developers.
We hope to alleviate some of the traffic by providing other routes.
Mr. Sharpe said he had talked with a lot of citizens, some of whom were
not against the development. He said he felt the developer had put in
restrictions to help the concerns and fears of the Deer Haven people.
Mr. Baldwin agreed with Mr. Sharpe and said fue thought the thrust of this
Council and the P&Z has got to be in another route to 135 to take some of
the traffic off FM 3009. You are not going to get the widening of FM 3009
unless the traffic is there or unless the citizens are willing to pass a
$5,000,000 bo~d issue but I don't think the people will go along with that.
FM 3009 has the most potential in the City, there is no question that we are
going to get growth. We have sat back and enjoyed the country life style on
FM 3009 for years but it is inevitable that growth is coming. The concession
of the developer has Itaken!'and with the P&Z continually reviewing the zoning
on FM 3009, I think we can live with it. I get concerned when I hear people
say that property values will be destroyed by a subdivision of this type
adjOining theirs. We have been gearing outselves for residential south 0
of 135 and industrial north of 135 and to me this is a giant step forward.
Mr. Aguilar said he also has been concerned with traffic but with the
concessions made, it will allow for a better flow of traffic and open up
behind this area for development.
There bei ng no further comments from Counci 1 i~ ~'ayor Sawyer call ed for a vote
on the motion, with motion carrying with the following vote:
AYES: Councilmembers Sharpe, Baldwin, Hoover, Aguilar and Greenwald.
NAYS: None
#4 ZONING CHANGES: Mayor Sawyer explained this item was to consider
the recommendations of the Planning and Zoning
Commission on three zoning changes as follows, taking them separately:
A. Zoning Change #45, rezoning 128 acres of land from Pre Development to
SfrigHvfamilj::Dwellirig'Distdct (R-l).
Mr. Sharpe moved to table Zoning Change No. 45 for the present. 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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B. Zoning Change #48, rezoning 265 acres of land from Pre-Development to
Industrial District (Light M-1).
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Mr. Sharpe moved that Zoning Changer #48 be approved to rezone 265 acres of
land from Pre-development (PO) to Industrial District (Light M-l). Mr. Aguilar
seconded the motion, which carried with the following vote:
AYES: Councilmembers Sharpe, Baldwin, Hoover, Aguilar and Greenwald.
NAYS: None
C. Zoning Changer #49, rezoning approximately 3 acres of land from Apartment/
Multi-Family Dwelling District (R-4) to General Business(GB).
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Mr. Aguilar said that the request was for General Business and it was recom-
mended Council rezone to Neighborhood Services.
Mr. Gilmore said that Attorney Richard Harris said that because there was a
public hearing and both items were discussed, it would be proper for Council
to accept or deny the zoning as it or accept or deny the recommendation
of Neighborhood Services.
Mr. Sharpe moved to approve the recommendation of the Planning & Zoning
Commission on zoning change #49 to on that particular piece of land to
Neighborhood services. Mr. Greenwald seconded the motion.
Mr. Greenwald asked Mr. Sharpe if he would approve the Specific Use Permit
for this zoning and Mr. Sharpe said yes, that was part of the Planning and
Zoning Recommendation. Mr. Greenwald said then he second would stand.
The Mayor then called for a vote on the motion before Council, said motion
carried as followed:
AYES: Councilmembers Sharpe, Baldwin, Hoover, Aguilar and Greenwald.
NAYS: None
#5 RESOLUTION: Mayor Sawyer introduced a resolution and read the caption
as follows:
RESOLUTION NO. 84-R-2
A RESOLUTION REQUESTING THE STATE HIGHWAY AND PUBLIC TRANSPORTATION
COMMISSION TO CONDUCT A f.EASIBILITY STUDY FOR ALTERNATIVE HIGHWAY
ROUTES BETWEEN AUSTIN AND SAN ANTONIO.
Mr. Sharpe moved to approve this resolution requesting the Highway Department
to study alternative routes between Austin and San Antonio. Mr. Hoover
seconded the motion, which carried with the following vote:'
AYES: Councilmembers Sharpe, Baldwin, Hoover, Aguilar and Greenwald.
NAYS: None
#6 RESOLUTION: Mayor Sawyer introduced and read the caption on a
resolution as follows:
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RESOLUTION NO. 84-R-3
A RESOLUTION REQUESTING THE TURNPIKE AUTHORITY TO FUND A PRELIMINARY
FEASIBILITY REPORT FOR A REVENUE-BASED TOLL ROAD FACILITY BETWEEN
AUSTIN AND SAN ANTONIO.
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Mr. Baldwin moved to approve the resolution requesting the Texas Turnpike
Authority to fund a preliminary feasibility report for a revenue-based
toll road between Austin and San Antonio. Mr. Hoover seconded the motion
which carried with the following vote:
AYES: Councilmembers Sharpe, Baldwin, Hoover, Aguilar and Greenwald.
NAYS: None
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#7 RESOLUTION: The Mayor introduced a resolution and read the caption
as follows:
RESOLUTION NO. 84-R-4
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
REQUESTING THAT THE TEXAS DEPARTMENT OF HIGHWAYS AND PUBLIC
TRANSPORTATION IMPROVE FARM TO MARKET ROAD 3009 BY WIDENING
SAID ROAD AND MAKING SUCH OTHER IMPROVEMENTS TO ENHANCE DRAINAGE
AND TRAFFIC FLOW AND REQUESTING COMMISSIONER'S COURT OF GUADALUPE
COUNTY TO SUPPORT THIS RESOLUTION.
Mr. Aguilar moved to approve the resolution requesting the Highway Department
to improve FM 3009 as read. Mr. Greenwald seconded the motion, which carried
as follows:
AYES: Councilmembers Sharpe, Baldwin, Hoover, Aguilar and Greenwald.
NAYS: None
#8 RESOLUTION: Mayor Sawyer introduced a resolution and read the
caption as follows:
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RESOLUTION NO. 84=R-5
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS,
SUPPORTING A RESOLUTION BY THE CITY OF CIBOLO, TEXAS, REQUESTING
THE TEXAS DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION MAKE
IMPROVEMENTS TO FARM TO MARKET ROAD 1103 BY WIDENING SAID ROAD
AND TO MAKE SUCH REPAIRS TO FARM TO MARKET ROAD 1103 SO AS TO
IMPROVE THE FLOW OF TRAFFIC AND PROVIDE GREATER SAFETY FOR THOSE
PERSONS DRIVING ON FARM TO MARKET ROAD 1103.
Mr. Greenwald moved to approve the resolution requesting the Highway Department
make improvements to FM 1103 as read. Mr. Aguilar seconded the motion
which carried as follows:
AYES: Councilmembers Sharpe, Baldwin, Hoover, Aguilar and Greenwald.
NAYS: None
#9 LIBRARY BOARD APPOINTMENTS: A. Board Appointments. Mr. Aguilar
moved to appoint Julie Parr,
Tony Paulson and Ruth Tienor to two year terms on the Library Board.
Mr. Sharpe seconded the motion which carried as follows:
AYES: Councilmembers Sharpe, Baldwin, Hoover, Aguilar and Greenwald. 0
NAYS: None
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a. Library Board officer appointments;
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Mr. Aguilar moved to accept the recommendations of the Library Board and
appoint Mr. Tony Paulson, Chairman; Mrs. Ruth Tienor, Vice-Chairman; Mrs.
Doris Courtney, Secretary; and Mrs. Julie Parr, Treasurer of the Library
Board. Mr. Hoover seconded the motion which carried with the following vote:
AYES: Councilmembers Sharpe, Baldwin, Hoover, Aguilar and Greenwald.
NAYS: None
#10 BVYA CONTRACT: Mr. Greenwald moved to approve the Buffalo
Valley Youth Association contract for 1984.
Mr. Hoover seconded the motion, which carried as follows:
AYES: Councilmembers Sharpe, Baldwin, Hoover, Aguilar and Greenwald.
NAYS: None
#11 ORDINANCE: Mayor Sawyer introduced an ordinance on the final
acceptance of annexating 10.5 acres of land and asked
for emergency approval. He then read the caption as follows:
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ORDINANCE NO. 84-A-3
AN ORDINANCE PROVIDING FOR THE EXTENSION OF THE BOUNDARY I LINES
OF SCHERTZ, TEXAS, BY THE ANNEXATION OF A TRACT OF LAND CONTAINING
10.5 ACRES OF LAND, MORE OR LESS, OUT OF GUADALUPE COUNTY, AND
DECLARING AN EMERGENCY.
Mr. Sharpe moved to approve the ordinance annexing 10.5 acres of land out
of Guadalupe County, as an emergency measure. Mr. Baldwin seconded the
motion, which carried with the following vote:
AYES: Councilmembers Sharpe, Baldwin, Hoover, Aguilar and Greenwald.
NAYS: None
#12 EXECUTIVE SESSION: None needed at this time.
#13 CITY MANAGER'S REPORT: Mr. Gilmore said several times Council has
discussed reported problems of vandalism
in the cemetery at end of River Road and Mr. Del Toro is present to point out
some of the problems they are having.
Mr. Del Toro said the Cemetery Association bought the land adjacent to them
about a year ago so there is really no reason for anyone except the utility
companies to be going in there. However, they are still having vandalism
going on. A fence was put up around the cemetery and that has been cut down.
He said they just can't seem to catch anyone doing these things so they asked
if they could put a fence in front at end of River Road and put in a gate
there and a "No Trespassing" sign.
Mr. Gilmore said right now staff has not been able to determine if that is
r-- an easement or a road. He said he would contact CCMA and records to make
I that determination.
Mr. Del Toro said the gate would be set in back of where CCMA's road goes
to their property. ~r. Del Toro has talked with CCMA and they have no
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objection to a gate.
Mayor Sawyer said Council would instruct the City Manager to check out
the easement or road portion but in the meantime he would also ask, ~he
police to at least make one or two passes through that area each patrol.
The Mayor said Council would help them any way we legally could.
A. Mr. Gilmore said that he has spoken with the Highway Department and
they are having someone check this area in regards to additional-'f'tght:=of
way along 3009 .. and wi 11 1 et usdtnow how much wi 11 be needed to wi den
FM 3009. They will be looking at entrances off 3009 to see if there is
anything that can be done in regards to safety. He also talked to them
about the speed limit on FM 3009. A letter to them will ask them to
check the speed limit with the possibility of reducing the speed limit.
Mr. Sharpe said one thing that might help them make a decision was a count
of the possible exits off FM 3009 that we know of now, this from FM 78
to 135_ - there is the possibility of someone turning,(entering or exiting
everyone hundred feet or so. Mr. Sharpe said ne would recommend reducing
to 45 miles per hour.
B. There will be no workshop next week. The City Manager said he will be
out of town.
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C. Mr. Gilmore announced that on Friday at 5:30 P.M there will be a Town
Meeting by Congressman Patman in the Community Center to receive questions
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D. Mr. Gilmore called attention to a letter from the School District L-J
where Dr. Block thanked the police department for action taken to recover
stolen property taken from their field house.
E. He also called attention to another letter from a citizen commending
the police department and one officer in particular.
F. The City Manager then directed Council attention: to a letter from TML
on the Southwestern Bell rate case.
#14 ITEMS BY COUNCIL: Mr. Sharpe reminded everyone that Wednesday
afternoon, the 18th of January, the Employee
of the Quarter would be honored. This to be at 4:45 P.M. in the Police
Department.
Mr. Baldwin advised there was something on Chanel 5 TV about the Edwards-
Acqurifer':(, San, Aliltonio and the Acquifer Association are joining to study
water problems, especially surface water. Mr. Baldwin said this City has
got to do something now to start making plans for water somewhere besides
the acquifer. There is an urgent need to look for surface water and explore
possibilities south of the city. He said he would like to know what the
future of the acquifer is.
Mr. Greenwald asked if any headway had been made on an abandoned refrigeratoru r-ll I
ordinance. Mr. Gilmore said he would get something on this soon. I
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#15 ITEMS BY MAYOR: Mayor Sawyer asked everyone that could to be
present at Congressman Patman IS meeting.
#16 ADJOURNMENT: On a motion by Mr. Sharpe, duly seconded and unani-
mously carried, the meeting was journed at 9:58 PM.
ATTEST:
SPECIAL MEETING OF THE CITY COUNCIL
FEBRUARY 1, 1984
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The Schertz City Council convened in Special Workshop Meeting, Wednesday,I'
February 1,1984, 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; Ross Hoover; Hal Baldwin; Adolph
Aguilar and Ken Greenwald. Staff were City Manager Jimmy G. Gilmore and City
Secretary June G. Krause.
#1 HEARING OF RESIDENTS: Mrs. Liz Mueller announced there would be a
Drug and Alcohol Awareness meeting at the
Clyde Ford Village Meeting Room on February 2, 1984, at 7:00 P.M. to discuss
"Cleaning up the City of Schertz on Drugs" and a Youth Center.
#2 Discussion of annexation - Industrial District.
Mr. Gilmore said the question came up during the recent public hearing as
to why there appeared to be a gap in the proposed annexation in the Industrial
Park off FM 3009. He said the intent is to annex the whole area between the
railroad tracks and in our extraterritorial jurisdiction. The reason it is
being done in two parts is that we did not have the metes and bounds for the
complete area at the start of proceedings for annexation.
#3 Discussion of drainage back of Richmond Drive.
Mr. Gilmore said the drainage easement Mr. Jameson talked about at the last
meeting was placed there at the time the subdivision was developed and it is
in their deed. Our City ordinance does not allow for an easement to be
blocked and they have a camper in the easement without wheels on it; therefore
r-- they can be ticketed for that.
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the size of the easement and it was not made to allow for proper drainage.
Mr. Gilmore said this complaint has been going on since the City was a General
Law City. There were some post there to keep traffic out of the easement and