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ccswks 08-14-1984 11 SPECIAL MEETING OF THE CITY COUNCIL AUGUST 14-1984 r- The Schertz City Council convened in Special Meeting, Tuesday, August 14, 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. PRESENTATION: Mayor Sawyer introduced Mrs. Ann Richard, representing the Schertz Business Club, who presented a plaque to Russell Bundy as the Employee of the Quarter. After the presentation, Mayor Sawyer told Officer Bunde that the City was real proud of him for the off-duty work he had accomplished in behalf of the City. PUBLIC ZONING HEARING: The Schertz City Council and the Planning and Zoning Commission jointly held a public zoning hear ing to receive input from the public on Zoning Change #58, #59 and #60. He then turned the hearing over to Mr. Tom Yarling, Vice-Chairman of the Planning and Zoning Commission. Mr. Yarling explained that the three items would be taken separately. ;- A. Zoning Change #58 - Mr. Yarling said this is a request by Charlie Kucherka to rezone approximately 2.7 acres of land from Single Family Dwelling District (R-l) to Neighborhood Services (NS). He then asked Mr. Earl Hartzog to point out on the plat the location of this requested change. Mr. Kucherka said he was a local Realtor and introduced his son Dennis, a builder in the Seguin area. Mr. Kucherka said they requested the Neighborhood services classification and would like to put in some professional offices on the property, which would include doctors, dentists, realtors, lawyers, etc.. He said that they feel that with all the residential construction in this area, there will be a need for these types of businessess. He went on to say they plan to keep as many of the trees as possible. Mr. Yarling asked for comments either pro or con from the audience. Mrs. Sue Medinger and Mr. Pat White both questioned the definition of Neighborhood Services. Mr. Hartzog read the long list of business that could fall under this category according to the zoning ordinance. After which, both Mrs. Medinger and Mr. White stated they were against the rezoning. r- Mr. Clyde Dishong felt there might be a need for these businesses but they should be located centrally somewhere else. Also a man from Greenfield Village suggested another location. t,~ 12 '\ The citizens brought out the additional traffic problems this would create, especially if Mr. Kucherka added two additional entrances from FM 3009. Council discussed using just the one entrance belonging to Mr. Rubin Beck, of which Mr. Kucherka has unconditional use, to keep down the number of entrances/exits from FM 3009. Mr. Kucherka said he would work closely with both the City and the Highway Department on this. Mr. Dennis Kucherka said that that very afternoon there was a meeting of developers, City and Highway Department officials, looking at creating a very attractive entryway to Schertz. They discussed types of building materials, slow down lanes as well as the number of entrances off FM 3009. o Councilmembers then discussed these different aspects with Mr. Kucherka. There were no additional comments from P&Z members. Mr. Yarling closed this public hearing at 7:32 P.M and immediately opened the next hearing. B. Zoning Change .59 - a proposal to rezone approximately 513 acres of land from Predevelopment (PD) to Industrial District (M-l). Mr. Hartzong again pointed out on the map the location of this 513 acres of land, that was recently annexed into the city, as D being off FM 3009 and between the Missouri Pacific and Missouri- Kansas-Texas Railroad tracks. The only citizens to speak on this zoning change was Mr. Adolph Scheele, who owns 83 acres of land in this area. He said he had no objection to the zoning change as it should be all industrial. There being no comments from either Councilmembers or P&Z members, the zoning hearing was declared closed at 7:38 P.M. by Mr. Yarling, who then opened the next zoning hearing. C. Zoning Change 160 - a request by Leon Parker to rezone approximately 70 acres of land from Predevelopment District (PD) to Mobile Home Distr ict (MH) with permission for a low water crossing across the Cibolo Creek. Mr. Neil Fisher, representing Mr. Parker, explained this property is immediately behind the Reidel Trailer Park. They propose a 50 foot street down the east side of this property from FM 78 all the way to the Cibolo Creek, where they wish to put in a low- water crossing. He estimated this crossing would flood approximately one time every five years. They plan to up-grade the existing mobile home park with curb, drainage etc. and continue into the new area in the rear. At this time the existing mobile home park is connected to city water and sewer D and they plan to continue that into the new park. 11el"..'__ . :I!t,;< <<3};'-A ....! 13 r- Mr. Quinton stanton, said he was an attorney representing Mrs. Burgess, who owns land to the south of the area in question. Their concern mainly was that the access road now available to this property is only a 30 foot gravel road and they can for see terrific traffic use of this road. Mr. Fisher said they do not plan to use that road, except as an emergency exit in the case of flooding. Mr. stanton was also concerned with who would be taking care of the low water crossing to keep it clear. Mr. Fisher said if they keep it, the developer would, otherwise they would dedicate it to the City, who would maintain it. There were about six additional citizens who spoke against this proposed zoning. They were mainly concerned about the access road use, traff ic, k ids from the park going on their property, derelicts and drunks causing trouble for them, poachers, and trespassers. They also mentioned that when they bought their property, they were told by Bexar County they could only have three mobile homes on ten acres and now this man wants to put in a mobile home park right next door. Mr. fisher ~ explained that the mobile homes will be out of the floodplain area and only RVs will be allowed in the floodplain. After final discussion by Council and P&Z members, the public zoning hearing was closed at 8:23 P.M. ;- Mayor Sawyer declared a short recess at this time. I , I The special meeting was reconvened at 8:33 P.M. .. ' SPECIAL BRIEFING: Mayor Sawyer said that rather than have a joint briefing, Mr. Gilmore would brief Council and Mr. Hartzog would brief Planning and Zoning members in the Conference Room.' Mr. Gilmore said that he had called a planning session with all the land owners and developers along FM 3009 to discuss development and get their input. There were between 35 and 40 people present, including representatives of the Department of Highways and Public Transportation. Discussed widening FM3009 to fi ve lanes with curb and gutters, an overlay zoning distr ict which does not change the existing zoning but adds additional restr ictions to the current distr icts. This take into consideration air traffic, detention ponds, and landscape buffer areas, establishes requirements for flood hazards. Mr. Gilmore said they were fortunate to have Mr. Risinger out of Dallas to present slides showing what we would like to do. Mayor Sawyer said this is a start on the ordinance that Council asked for. Mr. Gilmore said the Highway representatives did present their i plans for FM 3009, which would cost over two million dollars - the City's share would be abou,t $248,000. Various ideas were thrown out to the owners and developers and they have agreed to , I !~ 14 " . \ I sit down and work with the city. They felt we were heading in the right direction, that we can now 'act' rather than 'react'. Overall they were for it, they will participate in it and will support it. A sub-committee has been set up to work with the planning. We will have another planning meeting with developers in late September. #1 APPROVAL OF MINUTES: Mr. Sharpe moved to approve the minutes of the Regular Meeting of July 10, Regular Meeting of July 17, Special Meeting of July 25, and Special Meeting of August 1, 1984. Mr. Greenwald seconded the motion, which carried with the following vote: o AYES: Councilmen Sharpe, Baldwin, Hoover, Aguilar and Greenwald. NAYS: None 12 HEARING OF RESIDENTS: One gentleman asked what time frame Council was talking about in widening FM 3009. Mr. Gilmore said the district Highway officials would first have to draw up the plans and then forward them to the State for approval and fund allocations - probably within five years. 13 ORDINANCE: Mayor Sawyer introduced an ordinance approving the FY 1984-85 budget and read the caption as follows: AN ORDINANCE o PROVIDING FUNDS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1984, AND ENDING SEPTEMBER 30, 1985, BY APPROVING THE BUDGET FOR SAID PERIOD AND APPROPRIATING THE NECESSARY FUNDS OUT OF THE GENERAL AND OTHER REVENUES OF THE CITY OF SCHERTZ, TEXAS, FOR SAID YEAR FOR THE MAINTENANCE AND OPERATION OF THE VARIOUS DEPARTMENTS AND FOR VARIOUS ACTIVITIES AND IMPROVEMENTS OF THE CITY, AND DECLARING AND EMERGENCY. Mr. Sharpe moved to approve funding for Fiscal Year beginning October 1, 1984 and ending September 30, 1985 as shown in the ordinance, as an emergency measure. Mr. Greenwald seconded the motion. Mr. Sharpe questioned the total amount of the budget as listed in Section 1. Mr. Gilmore said it should include only the water and sewer and general fund expenditures and Mrs. Krause had also included SAFES. The correct figure should be $2,222,917, and it will be corrected. Mr. Baldwin said this is an excellent budget - it has some things in it this year that we have needed including base rates that 0 should make it easier to retain our people. He said he was concerned about the Councils continually pumping money into the ;;.....~.':i,~ iw;, ,~ r- 15 General Fund from Water and Sewer. One thing about taxation is that it gives people an opportunity to have a say about it, when taxes go up to a certain level. The shifting of this money is taking the liability of the tax payers and transferring it to the water payers. If we are transferr ing money in lieu of taxes, then the Water and Sewer is the biggest tax payer in the city. I am not for shifting from Water and Sewer to General Fund. Mr. Aguilar said he has always felt that the burden should be held by everyone equally. If you raise taxes on your property, this is what you are going to pay per iod, and there are more water users than property owners, therefore the bill is spread out and everyone shares the burden of the city. If you don't want to pay, then you conserve on water, which is what we are trying to get people to do. Mr. Sharpe said that the city Council in the past months has granted senior citizens exemptions on taxes. Again, I share the thought to put the dollar value on water. One of the things we should do is conserve - year around you can conserve if you so desire. Mayor Sawyer then called for a vote on the motion before Council and the motion carried with the following vote: AYES: Councilmen Sharpe, Baldwin, Hoover, Aguilar and r- Greenwald. \ NAYS: None ! , r ~ i4 EXECUTIVE SESSION: None needed. i5 CITY MANAGER'S REPORT: A letter received concerning Emergency Management - there will be a workshop in New Braunfels at the Civic Center on September 26, 1984 from 8:30 - 4:00 PM. They are asking the Councils, Fire Chiefs, police Chiefs, Public works Officials, etc. to attend to discuss plans for disasters. Have receive a letter from BVYA thanking the City and making comments on the recently held tournaments. They state that the people from out of city and state could not see how a city our size could have such fine facilities. Also received a letter from the Library Board of Grimes County. They had come down to see our library operations. Mrs. Moore, a library volunteer prepared a very nice luncheon for all present. Mrs. Moore also made cookies, punch and coffee for the meeting held there this afternoon. i6 ITEMS BY COUNCIL: Mr. Sharpe reported that the Texas sesquicentennial Commission has approved our plan and to kick this off we are having meetings Thursday at 10:00 am and 7:30 pm to start putting some teeth into the plans and work out details. He invited other Councilmembers and the public to either meeting. 16 Mr. Baldwin asked about the dirt piles on Lindberg - could the dirt be shoveled out of the street. Other Councilmembers agreed. Mr. Hoover reported a vehicle jacked up at a residence on Exchange and asked that it be checked with our recently passed ordinance. Mr. Aguilar asked the latest report on East Live Oak Road. Mr. Gilmore said we are getting the last releases and they will be given to the state. The hOld-up has been getting the right of way from two or three owners. Mr. Aguilar also said he has heard of some type of development going in across Dietz Road from CCMA. Mr. Gilmore said he had heard rumors too, but this area is not in our city but in the extraterritorial jurisdiction of Cibolo. Mr. Greenwald said the dumpster still has not been placed at the small pavilion. Also he reported that the pavement at the intersection of Curtiss and' Live Oak is sinking again and becoming a traffic hazard. .7 ITEMS BY MAYOR: Mr. Sawyer said he had received a certified letter from the Mayor of Converse stating that they are starting their ambulance service on September 1, 1984. They complimented SAFES and hoped to have continued good relations. .8 ADJOURNMENT: On a motion by Mr. Baldwin, seconded by Mr. Greenwald and unanimously carried, the meeting was declared adjourned at 9:26 P.M. ATTEST: 1:' !l!tf~ _" ",L,,~-* I ~ ":'~'.....Il;u.~ o o n u