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REGULAR MEETING OF THE CITY COUNCIL
MARCH 6, 1984
The Schertz City Council convened in Regular Session Tuesday,
March 6, 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; Hal
Baldwin; Ross Hoover; Adolph Aguilar and Ken Greenwald. Staff
were City Manager Jimmy G. Gilmore and City Secretary June G.
Krause.
After welcoming everyone to the meeting, Mayor Sawyer said he had
two proclamations he would like to read. First he asked Mrs.
Bertha Weigold and the representsatives of the Scouting
Association to come forward and read a proclamation wherein he
proclaimed the week of March 11 through 17th as "Girl Scout
Week".
Mr. Sawyer then
Valley Jaycees
proclaiming the
America Week".
asked Mr. Jack Warren, representing the Cibolo
to come forward and read a proclamation
week of March 11th through 17th as "Sign Up
PUBLIC HEARINGS: Mayor Sawyer opened the public hearings
explaining they were joint public hearing with the members of the
Planning and Zoning Commission.
A. The purpose of the first public hearing is to receive input
from the public for rezoning of approximately 74 acres of land
from Single Family Dwelling District (R-2) to a Planned Unit
Development (PUD). This being Zoning Change No. 52. At this
point Mr. Sawyer turned the hearing over to Mr. John Linebarger,
Chairman of the Planning and Zoning Commission.
Mr. Linebarger asked Mr. Stewart to come forward and explain the
request as made by Crow Developement. After giving a little
background of his company, Mr. Stewart explained the location of
the property as being the Kramer tract off Live Oak Road and just
beyond the Municipal Building. He said they always like to take
into consideration the following items (1) surrounding
neighborhood (2) density (3) use variety of lot sizes (4) traffic
(5) drainage and (6) buyer profile. He explained how Crow
Development had addressed these six items.
Mr. Stewart then answered any questions from the City Councilor
Planning and Zoning members. After which, the following citizens
spoke giving their concerns about the request for rezoning:
1. Frank LaPlace - 613 Marilyn Drive
2. George W. Vick - 508 Marilyn Drive
3. Sharon Clark - 537 Marilyn Drive
4. James Davidson - 821 Marilyn Drive
5. Henry Smierciak - 520 Marilyn Drive
6. Carol Dunlap - 509 Marilyn Drive
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7. Bill Timberlake - 825 Marilyn Drive
8. Wanda Koch - 200 Greentree Drive
9. Bob Midlick - 1316 Chestnut Drive
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Their concerns covered such topics as easements, drainage,
distance from fence to their existing houses, density, impact on
schools, traffic on Live Oak Road, open space for children to
play, existing tree lines.
When all questions had been asked, Mr. Linebarger explained that
the Planning & Zoning has ten days to evaluate the information
received and make a recommendation to the Council. He also
stressed that after the public hearing is closed, the citizens
would not have another chance to express their concerns.
There being no further input, Mayor Sawyer declared this public
hearing closed at 8:12 p.m. and called for a short recess.
The Regular meeting was reconvened at 8:22 p.m.
B. Mayor Sawyer said that the purpose of this second public
hearing before the Council and P&Z was to receive input from the
citizens on a request to rezone approximately 24 acres of land
from Single Family Dwelling District (R-l) to Single Family
Dwellin9 District (R-2). Zoning Change No. 53.
As this is a request from Mr. Coy Simmons, Mr. Linebarger asked (\
him to give a little background on his request. Mr. Simmons said U,
this acreage is located on the back side of Oak Forest in unit v.
He is requesting the smaller lot sizes because most people now
want smaller lots even though they still want larger homes. Be
said that although they would be allowed, carports are not
permitted in his development, only two-car garages.
Mr. Linebarger asked if there would be deed restr ictions as to
square footage of the houses on these smaller lots and Mr.
Simmons said he does not put restrictions on house size in his
subdivision.
After answering questions of Council and P&Z, the following
citizens presented their views of the rezoning:
1. Jerry Henning - 1414 Circle Oak
2. Cris Frias - 4301 Crown Oak Pass
3. Ted Guy - 4205 Spanish Oak
4. Robert Booth - 4312 Spanish Oak
5. Doris Courtney - 4313 Spanish Oak
6. Martha Henning - 1414 Circle Oak
These citizens were concerned with traffic, density, loss of home
value without restriction as to house size, ascetics (which is
really between the homeowners and the developer).
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There being no further questions,' Mayor Sawyer declared this
public hearing closed at 9:03 p.m.
Before commencing with the regular agenda, Mr. Mike Hogan of
Hogan Properties gave a briefing on the proposed Negley Paint
Company building on FM 3009. Mr. Hogan explained that they plan
to breakground within 30 to 60 days on their 36 acre tract on the
Northwest corner of FM 3009 and the Missouri-Kansas-Texas
railroad right of way. He showed, a very color ful artist
rendention of the proposed project.
Mayor Sawyer thanked Mr. Hogan for his presentation and welcomed
them to the City of Schertz. He then called for a short recess
at 9:24 p.m.
The Regular Meeting was reconvened at 9:35 p.m.
.1 APPROVAL OF MINUTES: Mr. Baldwin asked that the minutes
of the meeting of February 21st be corrected to show that Mrs.
Hoover introduced each member of her Den of Webelos - not pack.
He also asked that Mrs. Grainger's name be corrected on the last
line of the third paragraph.
Mr. Sharpe moved to approve the minutes of the Workshop Session
of February 15, 1984; the Regular Session of February 21, 1984,
and the Workshop Session of February 29, 1984. Mr. Baldwin
seconded the motion, which carried with the following vote:
AYES: Councilmembers Sharpe, Baldwin, Hoover, Aguilar and
Greenwald
NAYS: None '
.2 HEARING OF RESIDENTS: There were none.
.3 ORDINANCE: Mayor Sawyer introduced an ordinance and
read the caption as follows:
ORDINANCE NO. 84-C-8
AN ORDINANCE ADOPTING THE SOUTHERN STANDARD
BUILDING CODE, 1982 EDITION, AS AMENDED, AS
THE BUILDING CODE OF THE CITY OF SCHERTZ,
TEXAS, AS HEREIN MODIFIED AND REPEALING ALL
ORDINANCES IN CONFLICT.
Mr. Aguilar moved to approve on final consideration the ordinance
adopting the 1982 Edition and subsequent editions of the Southern
Standard Building Code with amendments. Mr. Greenwald seconded
the motion which carried with the following vote:
AYES: Councilmembers Sharpe, Baldwin, Hoover, Aguilar and
Greenwald
NAYS: None
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14 BID AWARD: Mayor Sawyer explained that the bids
received covered the IH 35 Sanitary Sewer Extension and that
Council had received a recommendation from our City Engineer.
Mr. Sharpe moved to accept the bid from Able Irrigation Company
in the amount of $100,062.53 for a Sanitary Sewer Extension. Mr.
Greenwald seconded the motion, which carried with the following
vote:
AYES: Councilmembers Sharpe, Baldwin, Hoover, Aguilar and
Greenwald
NAYS: None
IS RESOLUTION: The Mayor introduced a resolution and read
the caption as follows:
RESOLUTION NO. 84-R-8
A RESOLUTION BY THE CITY COUNCIL OF THE CITY
OF SCHERTZ, TEXAS, TO EXPRESS DISPLEASURE OF
THE ENTEX COST INCREASE OF SERICE PASSED
THROUGH TO OUR CITIZENS.
Mr. Hoover moved to accept the resolution expressing displeasure
of the Entex cost increase of service. Mr. Greenwald seconded
the motion which carried with the following vote:
AYES: Councilmembers Sharpe, Baldwin, Hoover, Aguilar and
Greenwald
NAYS: None
16 ORDINANCE: Mayor Sawyer introduced and read the caption
on an ordinance as follows:
AN ORDINANCE
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS, AMENDING ORDINANCE NO. 75-H-33 BY
ADDING SECTION III REGULATING ABANDONED
HOUSEHOLD APPLIANCES.
Mr. Greenwald moved to approve the first reading of an ordinance
regulating abandoned large appliances. Mr. Aguilar seconded the
motion, which carried as follows:
AYES: Council.embers Sharpe, Baldwin, Hoover, Aguilar and
Greenwald
NAYS: None
17 DELIQUENT TAX ATTORNEY: Mayor Sawyer said this item had
also been discussed at Workshop and the present tax attorney
seemed to be doing a good job and staff recommended renewal of
contract.
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Mr. Baldwin moved to renew the contract for two years with Gates
Steen for deliquent tax collection. Mr. Aguilar seconded the
motion which carried as follows:
AYES: Councilmembers Sharpe, Baldwin, Hoover, Aguilar and
Greenwald
NAYS: None
18 PERSONNEL COMPENSATION: Mayor Sawyer reminded Council
that this item was discussed at the last workshop.
Mr. Aguilar moved that Council approve a salary increase of 6%
for the City Manager and City Secretary as agreed in previous
meeting, to be retroactive to October 1, 1983. Mr. Hoover
seconded the motion which carried as follows:
AYES: Councilmembers Sharpe, Baldwin, Hoover, Aguilar and
Greenwald
NAYS: None
19 P&Z APPOINTMENT: Mr. Greenwald moved that Mr. Merwin
Willman be reappointed to the Planning & zoning Commission. Mr.
Baldwin seconded the motion, which carried as follows:
AYES: Councilmembers Sharpe, Baldwin, Hoover, Aguilar and
Greenwald
NAYS: None
110 P&Z RECOMMENDATIONS: Mr. Baldwin moved to table
consideration of Zoning Change No. 52 and Zoning Change No. 53.
Mr. Hoover seconded the motion which carried as follows:
AYES: Councilmembers Sharpe, Baldwin, Hoover, Aguilar and
Greenwald
NAYS: None
III PLANNING SEMINAR: Mr. Sawyer said this is the seminar
discussed previously and he felt it would be money well spent to
send as many of our P& Z members as could go to the Corpus
Meeting.
Mr. Greenwald moved to approve funding to send the P&Z members to
this seminar. Mr. Sharpe seconded the motion, which carried with
the following vote:
AYES: Councilmembers Sharpe, Baldwin, Hoover, Aguilar and
Greenwald
NAYS: None
112 EXECUTIVE SESSION: None was needed
113 CITY MANAGER'S REPORT: (a) ~ ques~ion had been asked
in regards to vehicle mileage in the Police Department. He could
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not find the figure questioned; however, if there is a drop in
mileage, it usually means the vehicle is in for maintenance. Mr.
Greenwald said he thought the Schertz Police Department was, one
of the best or the best in the area.
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(b) Mr. Gilmore handed out a packet of sign designs fo-r major
thoroughfares. Be said he had been meeting with developers and
they all agree with the concept of these designs.
(c) Mr. Naylor will be coming in with a plat change request for
his property in the Industrial Park. The new design will be more
in line with the Barshop design and is a great improvement.
114 ITEMS BY COUNCIL: Mr. Baldwin said he would like to
start putting pressure on the Highway Department about the turn
light at Live Oak Road and FM 78. Also about them putting the
City of Schertz name on the exit signs on IH 35. Mr. Gilmore
said that this was brought up at the meeting on the 28th and that
Mr. Ehlers is already prepar ing a plan to widen FM 3009 and
looking at signs.
Mr. Baldwin also asked if there was anything-new on the sidewalk
on Randolph Avenue as previously discussed. Mr. Gilmore said we
are getting cost estimates at the present time.
Mr. Aguilar asked about our custodial service. He realizes that
there is more than one man can take care of especially with the
new library and asked if we could possibly get some help for Mike
or consider a professional service.
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Mr. Aguilar asked again about the flag pole at the library. Mr.
Gilmore said the library have been waiting to get in touch with
the man that was going to 'do it but if he could not, then the
City crew would put it up.
Mr. Greenwald thanked staff for getting the ordinance ready on
abandoned appliances.
lIS ITEMS BY MAYOR: None
116 ADJOURNMENT:
adjourned at 9: 58 P.M.,
carried.
Mr. Aguilar moved the meeting be
motion was seconded and animously
ATTEST:
y Secretary, City of Schertz
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