ccswks 09-12-1984
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SPECIAL MEETING OF THE CITY COUNCIL
SEPTEMBER 12, 1984
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The Schertz City Council convened in Special Workshop Session,
Wednesday, September 12, 1984, at 7:00 P.M. in the Conference
Room of the Municipal Complex, 1400 Live Oak Road with the fol-
lowing members present: Mayor Earl W. Sawyer, presiding; Adolph
Aguilar; Charles B. Sharpe; Hal Baldwin; and Ken Greenwald.
Absent was Mr. Hoover. Staff present were City Manager Jimmy G.
Gilmore and Deputy City Secretary Alice Austin.
#l HEARING OF RESIDENTS: Mrs. Pat Hoover, wife of Councilmember
Ross Hoover asked to address the Council concerning an incident
which occurred on Friday September 7, 1984.
Mrs. Hoover explained that there numerous incidents of drag
racing down Lori Lynn Drive where she lived and with the number
of young children playing in and near the street it was a very
hazardous situation.
On Friday the 7th, Mr. Hoover had stopped and was holding a
vehicle occupied by several persons. She had remained in the
house to phone for a police officer. She advised that she made
three calls to the police department before an officer arrived
approximately an hour later. Mrs. Hoover said that she ~e~t the
police officers had a very poor attitude. She also wanted to
know why the police department could not catch speeders in the D
evening but could set up in hidden locations and run radar at
7:00 am to catch those persons on their way to work.
Mrs. Hoover also wanted to know why she was told she could only
file a complaint during normal business hours, when the officer
told the occupants of the car they could come in that night and
make a statement.
Mayor Saywer advised Mrs. Hoover that an officer could not arrest
a person simply on someones say so. He had to see them commit an
offence or have a signed complaint to back up the arrest. He
also advised her of the attempts to catch speeders and drag
racers, at other times and locations, using unmarked cars. The
speeding stopped while the cars were in that particular area and
then resumed speeding when the cars left.
It was explained to Mrs. Hoover that an affidavit could be made
at any time before a Notary public, but a complaint, charging a
person with a violation of the law, had to be filed with the
court.
Mayor Sawyer suggested that a plain car be sent to that area over
a period of one week to try and apprehend or put a stop to the
speeding. Council agreed this was a good idea.
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#2 Proposed ordinance on water rates.
Mr. Gilmore advised that the ordinance had been written using the
$0.10 per thousand increase recommended by Council. Mr. Aguilar
said he had been checking on the base rates and he felt that the
1 1/2" meter base rate was out of line.
Mr. Sharpe suggested the following base rates be assessed to
equal out the charges:
5/8"
3/4"
I"
1 1/2"
2"
4"
6"
4.50/3,000
7.00/5,000
8.00/7,000
11.00/10,000
20.00/l8,000
26.50/24,000
35.00/32,000
Mr. Aguilar requested that "outside the city limits" be deleted
from paragraph C. of Exhibit No. 4 and reverse paragraphs Band C
to make the rates outside the corporate limits of the City the
last paragraph.
Mr. Baldwin suggested that the price on water from fire hydrants
be raised. The charge agreed on was $3.00 per thousand gallons
for fire hydrants and $2.00 per thousand gallons for water from
the dispenser on Live Oak Road.
Mayor Sawyer asked that the Water Rates Ordinance be on the
Regular Council Agenda, Tuesday September 18, 1984.
#3 EXECUTIVE SESSION: Mayor Sawyer called an executive session
under Article 6252-17, Sections 2(e) and (g) V.T.C.S. at 8:05
p.m.
WORKSHOP RECONVENED AT 9:15 p.m.
#4 CITY MANAGER'S REPORT: Mr. Gilmore read passages from the
water agreement contract Mr. Harris is preparing to present to
the City of Cibolo. Consensus of Council was that the rate per
thousand gallons of water should be $0.92 to help pay for the
wear on existing equipment.
Mr. Gilmore advised that the preliminary plat showing proposed
expansion by Cibolo on F.M. 3009 did not fit into Schertz' master
plan for F.M. 3009. Consensus of Council was for Mr. Gilmore to
look into ways of stopping the development and to send Cibolo our
development plan. .
Procedures for public hearing which would be added to Planning
and Zoning Rules of Procedures were passed out. Mr. Aguilar
suggested that they delete <if appropriate> from line E.2 and
change the line to read "Presentation by applicant". It was
recommended that sign in sheets for persons who wished to speek
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A. Zoning Change .61 - a request by Clyde Dishong to
install a satellite TV dish on his property.
Mr. Dishong said that his request is as stated, to allow him to
install a TV dish so that he may pick up the var ious satellite
receptions.
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There were no citizens wishing to speak either pro or con.
B. Zoning Change .62 - a request by Homecraft Land
Development to rezone approximately 40 acres from General
Business and predevelopment to Garden Home District.
Mr. Linebarger said P&Z had received a request to withdraw their
request on this item, so no action will be taken.
C. Zoning Change .63 - a recommendation by the Planning and
Zoning Commission to define satellite signal receiving.
Mr. Linebarger explained that this relates back to Mr. Dishong's
request and P&Z are proposing to change our Zoning Ordinance to
provide for a definition. He then read their proposed definition
as follows: ftSatellite Television Signal Receiving Dishes - A
ground-mounted device commonly parabolic in shape, mounted at a
fixed point on the ground for the purpose of capturing television
signals transmitted via satellite communications facilities and
serving the same or similar function as the common television D
antenna. Said devices are herein defined as accessory
structures." Mr. Linebarger said that if this is approved, in
the future such action as Mr. Dishong took would go under the
subdivision ordinance.
There were no citizens wishing to speak on this request.
Mr. Aguilar asked would it be called something different if it
was mounted on top of a building~ Mr. Linebarger said that now
it would have to be a ground structure.
Mr. Greenwald asked if any thought --was given to any type of
screening. Mr. Linebarger said that if described as a structure,
it would not be any more offensive than other types of
structures.
Mr. Dishong said the requirement is that it has to face the south
and southwest. There are a few on roofs but normally they are
too heavy for that. Mr. Linebarger restated the requirement that
they be a ground structure on a solid base foundation.
Mr. Linebarger then said these requests would be acted upon by
the Planning and Zoning Commission and within ten days their
recommendations would be forwarded to City Council.
Mayor Sawyer declared the public hearing closed at 7:10 p.m. and 0
called for a short recess at that time. .
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The Regular meeting was reconvened at 7:14 p.m.
PUBLIC HEARING:
Mayor Sawyer gave the purpose of this public hearing as being to
receive input from public regarding the proposed annexation of
approximately 850.53 acres of land out of Guadalupe County.
Mr. Gilmore pointed out the area on the areal map as well as an
individual map of the area.
Mr. Malford Ackermann wanted clarification of a question he had
regarding land that is designated agricultural. Mr. Gilmore said
you can continue to keep cattle on that land; and in the past
City Council had given permission for owners to hunt on their
land as long as they keep the hunting on their land and not
endanger any other citizens.
Mr. Villareal asked what the City will do as far as maintenance
is concerned in Live Oak Hills. Mayor Sawyer said nothing. The
City will provide services as they do to other citizens in the
City, such as fire protection, police, ambulance; and water and
sewer is available but the City would not run it to each
individual piece of property.
Mr. Villareal and Mr. Robertson were both concerned about some of
their deed restr ictions. Mr. Gilmore explained that the City
does not enforce deed restrictions, that is between the property
owners in a Civil Court.
Mayor Sawyer explained, in answer to questions, that the streets
in Live Oak Hills have not been dedicated to the City; therefore,
they are the responsibility of the developer and property owners.
Also the City plans to extend Live Oak Road through this area to
I 35 and once this is accomplished, the property values will
increase.
There being no further questions, Mayor Sawyer declared the
public hearing closed at 7:28 p.m.
#1 APPROVAL OF MINUTES: Mr. Sharpe moved to approve the
minutes of the Special Meeting of August 29, 1984. Mr. Greenwald
seconded the motion which carried with the following vote:
AYES: Councilmen Sharpe, Baldwin, Hoover, Aguilar and
Greenwald.
NAYS: None
#2 HEARING OF RESIDENTS: none
#3 ORDINANCE: Mayor Sawyer introduced and ordinance and
read the caption as follows:
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AN ORDINANCE
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS, AMENDING ORDINANCE NO. 83-F-7, SECTION
XXIX - WATER RATES ESTABLISHED, AS SET OUT IN
EXHIBIT 4; AND REPEALING ALL ORDINANCES IN
CONFLICT
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Mr. Greenwald moved to approve the first reading of an ordinance
by the City Council amending ordinance 83-F-7, Section XXIX on
water rates. Mr. Aguilar seconded the motion, which carried as
follows:
AYES: Councilmembers Sharpe, Hoover, Aguilar and Greenwald
NAYS: Councilmember Baldwin
.4 EXECUTIVE SESSION: None needed.
i5 CITY MANAGER'S REPORT: A. Mr. Gilmore presented a
proposed ordinance establishing capital recovery fees in the
amount of $800 - this. is in addition to the water tap fees
charged. It will provide capital for future development of the
water system. It will establish a line item in the budget under
capital improvements and will be used solely for the water
system. Mayor Sawyer asked this to be on the next Workshop
agenda.
B. Have received a letter from the Chamber of Commerce 0
establishing the City's fees for contract with the Chamber for
promotional services for the coming year. The amount is based on
the 1983 sales tax and totals $585 for the next year's fees.
C. TML Risk Control representative has made a followup
inspection and gives their report.
D. Have a letter written by the Mayor of Cibolo to the Cibolo
Creek Municipal Authority stating they objected to statements
made by one of CCMA's Boardmembers.
E. Another letter from City of Cibolo - a question was brought
up recently concerning the Kneupper property as to what Cibolo
plans to do with it as it would affect OUt plans for PM 3009.
This letter explains their plans.
F. We have received one copy of the TML Annual Conference
registration aplications. Mrs. .{ause has written for more
copies and will have them available this week.
G. We need to set a public hearing on a request from GVEC for a
microwave tower on their property on Live Oak Road. This has
been through P&Z. Council concensus was to set the date for the
tenth of October.
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#6 ITEMS BY COUNCIL: Mr. Hoover asked the status of the
clean up of the animal shelter. Mr. Gilmore said they are trying
to finish with the sewer lines and would clean up after that was
finished.
Mr. Greenwald asked about an ambulance run to Randolph AFB when
we had severed services to them. Mr. Gilmore said this one run
on the report was because a dispatcher had accepted the call and
once a call is accepted, then it has to be completed. However,
all dispatchers have again been told that we do not cover
Randolph now.
Mr. Greenwald said he noticed on the monthly report eleven
burglary alarm calls. How many are repeats because of faulty
systems. Maybe if there are many, we should go with some type of
ordinance like our sister city has passed on alarms.
#7 ITEMS BY MAYOR: Mr. Sawyer said that he had recently
met with Mr. Greenwald and several other people who are working
on getting our park improved.
#8 ADJOURNMENT: On a motion by Mr. Baldwin, seconded by
Mr. Hoover and unanimously carried, the meeting was adjourned at
7:50 p.m..
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