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ccreg 03-06-1984 r . r' I , ,-- ! \. 209 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 210 7. Bill Timberlake - 825 Marilyn Drive 8. Wanda Koch - 200 Greentree Drive 9. Bob Midlick - 1316 Chestnut Drive .--.., J I j I ~- 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). n L..J I .. , r ro- , 211 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 212 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. .;:H J~ j I L..---,' [J n u r .. ' r~ I , 213 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 214 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. n . I L__.___' (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. ~r J I I , :.,,-J 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 fl I I L lIJ;;;;!ti Il.,:.",'."