ccreg-06-05-1979
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REGULAR MEETING OF THE CITY COUNCIL
JUNE 5, 1979
The Schertz City Council convened in Regular Session, Tuesday, June 5, 1979
at 7:00 P.M. in the Council Chambers, 1400 Live Oak ~ad with the following
members present: Mayor Robert C. Bueker, presiding; Mayor Pro Tem Earl W.
Sawyer; Richard L. Howe; Gail Hyatt; Walter 'F. Schneider; and Jack M. Stomackin,
Sr. Staff present were: City Manager Walter W. Hill, Jr.; City Attorney
Richard W. Harris; City Secretary June G. Krause and Deputy City Secretary
Alice Austin.
#1 APPROVAL OF MINUTES: Mr. Schneider asked that the minutes of the
meeting of May 15, Item #7 be changed to show
that Mrs. Hyatt's motion died for lack of a second.
Mr. Schneider then moved the minutes of the meeting of May 15th, 1979 be
approved as amended. Mrs. Hyatt seconded the motion which carried with the
following vote:
AYES: Councilmembers Howe, Hyatt, Schneider, Sawyer and Stomackin.
NAYS: None
#2 HEARING OF RESIDENTS: The following people asked to reserve time:
Richard Jasinski, representing 36 property owners - Item #5
Craig Holmig - Items #3A and #4A
C.A. Wheeler - Items #3C and #4C
Lloyd Geye~ - Item #5
Robert Kuechler - Items #3B and #4B
Coy Simmons - Items #3A and #4A
Mrs. Jordon - Item #5
Mr. Wesch - Item #5
#3 PUBLIC HEARINGS: Mayor Bueker opened the Public Hearing at 7:12 PM
and explained the purpose was to allow citizens
to be heard on 3 Board of Adjustment cases.
A. BOA-8 request by Mr. Coy Simmons for special exception variance to Zoning
Ordinance to allow smaller lots in a portion of Oak Forest, Unit #3 for con-
structing Garden Homes.
There were no citizens wishing to speak on this request.
B. BOA-9 request by Mr. Robert F. Kuechler for variance to allow him to keep
his carport as constructed.
Mr. Kuechler addressed the Board of Adjustments saying he had received a letter
saying he was in violation to the zoning ordinance and he asked several questions
concerning the letter and the violation. He had polled the people on his block
and 8 out of 12 want carports themselves and had no objection to his carport.
Mr. Kuechler also stated he thought the appeal cost of $25.00 was too high.
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BOA-10 a request by Mr. C.A. Wheeler for a variance to allow him to build
a carport in his side yard.
Mr. Wheeler addressed the Board explaining his request and that he had also
spoken to his neighbors and they did not object to him putting a sideyard
carport.
As there were no other citizens to be heard, Mayor Bueker declared the
public hearings closed at 7:40 P.M.
#4 ACTION ON BOA CASES: The Mayor explained that at this time the
Council would take action on the three BOA
cases just discussed.
4A - Mr. Schneider moved to allow the special exception variance as requested
in BOA-8. Mr. Sawyer seconded the motion which carried with the following
vote:
~? ?q
AYES: Councilmembers Howe, Hyatt, Schneider, Sawyer and Stomackin.
NAYS: None
4 B - Mr. Schnei~der moved to allow Mr. Robert F. Kuechler's request for a
variance on his carport and to turn down the P&Z request for him to pay a
double fee as the ordinance does not provide for a double fee. Mr. Sawyer
seconded the motion. !
Mr. Hill said that staff has no objection to waiving the double fee but that
the provision for a double fee is in the ordinance.
Mayor Bueker called for a vote on the motion, which motion carried as follows:
'?'O ~ 1q
AYES: COUNCILMEMBERS Howe, Hyatt, Schneider, Sawyer and Stomackin.
NAYS: None
4 C - Mr. Sawyer moved Mr. Wheeler1s request for a variance be granted.
Mrs. Hyatt seconded the motion which carried with the following vote:
qq_?t.!
,
AYES: Councilmembers Howe, Hyatt, Schneider, Sawyer and Stomackin.
NAYS: None
#5 ORDINANCE: Mayor Bueker introduced an ordinance for first reading
on annexing approximately 1121.56 acres of land out of
Guadalupe and Comal Counties, including 6 tracts of land. He requested that
before reading the ordinance, the people present}who wished)be allowed to
speak.
Attorney Jasinski, representing 36 property owners in tracts #5 and #6,
spoke regarding the inability (in his opinion) of Schertz to offer these
people services equal to those they receive now from other agencies.
Mr . Geyer said that although they were not involved in this annexation,
they were adjacent to some of the property. Also a portion of their property
was annexed in 1976 and to this day they have not been officially notified I
they are in the city 1 imits. L,
j"
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Mrs. Jordon, who has property in this proposed annexation which is classified
commercial by the Comal County and New Braunfels School District, asked if
Schertz would also classify her property "Commercial". She also asked if the
City would put in fire hydrants at no cost to her.
Mayor Bueker briefly explained the City's water main extension policy and
also annexation policy.
Mr. Hillert, although not being annexed at this time, stated that the City
was placing restrictions on his property in Schertz. ETJ and he could see no
justification for this.
Mayor Bueker said that he would not take up everyone's time now to explain
again but would at any time, at any place, go over it all again - just give
him a call.
There being no further comments from the citizens, Mr. Hill read the caption
of the ordinance in question.
Mr. Howe moved to approve the first reading of the ordinance on annexation.
Mr. Sawyer seconded the motion.
Mr. Schneider said he would prefer that the tracts would be voted on separately.
Mr. Howe then explained that as this was only the first reading, that any or
all of the ordinance could be eliminated before final passage.
Mayor Bueker agreed saying he would recommend a worksession on this subject.
He then called for a vote on the motion as follows:
AYES: Mr. Howe and Mr. Sawyer
NAYS: Mrs. Hyatt, Mr. Schneider and Mr. Stomackin
90 -?j
The motion failed.
At this point, Mayor Bueker recessed the meeting at 8:35 P.M. due to the con-
fusion of most of the audience leaving the meeting.
The Mayor reconvened the regular meeting at 8:48 P.M.
#6 APPOItnMENT OF P&Z SECRETARY: Mr. Schnei der moved to appoint Jacki e
Lawler as P&Z secretary. Mrs. Hyatt
seconded the motion, which carried with the following vote:
AYES: Councilmembers, Howe, Hyatt, Schneider, Sawyer and Stomackin
NAYS: None
#7 CCMA LEASE AGREEMENT: Mr. Hill said this was the lease agreement
he, Mr. Harris and Mr. Weaver had drawn up
as requested. Mr. Schneider asked if there was a clause enclosed in which
a party could back out of the agreement.
Mr. Harris said not unilateral cancellation but that both parties could agree
to back out.
'f (- 1 9
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Mr. Schneider then moved to execute the lease agreement as written. Mr.
Howe seconded the motion which carried by the following vote:
~ ".")q
AYES: Councilmembers Howe, Hyatt, Schneider, Sawyer and Stomackin
NAYS: None
#8 SCHAEFER ROAD: Mr. Hill explained that the Board of Schaefer
Road Rural Water Supply Corp. had requested this
item be eliminated from the agenda. He said he would call the president
of this corporation and set up a meeting with him and our consultant.
#9 WATER REQUEST: Mr. Bueker introduced a request for water service
near Wiederstein Road and IH 35 by the City of
Cibolo.
Mr. Sawyer moved that this item and items 10 and 12 water requests be moved
to the worksession on Wednesday night. Mr. Schneider seconded the motion.
Mr. Howe expressed a desire for more information on our needs and their
requirements now and in the future.
The Mayor suggested that before acting on any of the water request, more
data should be obtained from the engineers and staff.
Mr. Sawyer then withdrew his motion temporarily in order for the persons
making these request could be heard. Mr. Schneider withdrew his second.
There was no one present representing the request from the City of Cibolo.
Mr. Lee Jacks spoke concerning the request from the City of Selma for water
to 79 ~ acre lots for individual housing. He referred to his engineer for
the size of line, which was to be probably a 6" line.
.
Council discussed several aspects of this request with Mr. Jacks and his
engi neer.
Mr. Sawyer then moved that the water requests under items #9, #10 and #12
be moved as items from this agenda and put on the workshop agenda for Wed-
nesday night. Mr. Schneider seconded the motion.
Mayor Bueker said that for the record he would like to state his views on
the request in item #12 for water for 60.938 acres outside the city limits.
He felt that anything outside the city limits, based upon decision and action
taken by the Council tonight on annexation, that all requests outside the
city limits be denied. Council denied annexation which either means that
they will allow industries to operate and use city services and not pay
taxes or deny those industries to build and operate.
Mrs. Hyatt did not agree with that and expressed her views on the annexation.
After further discussion, the vote was taken on the motion as follows:
AYES:
NAYS:
Councilmembers Howe, Hyatt, Schneider, Sawyer and Stomackin
None
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#11 WATER REQUEST: This is a request by Mr. and Mrs. Richard Stoll
for water service to a 5.9 acre tract on South FM
1518.
Mr. Stoll addressed the Council outlining his request, saying that it would
only be used for a few horses part of the year - no residential.
After a brief discussion by the Council, Mr. Sawyer moved that this item also
be moved to the Workshop session of Wednesday June 6th. Mr. Schneider seconded
the motion which carried with the following vote:
AYES: Councilmembers Howe, Schneider, Sawyer and Stomackin
NAYS: Mrs. Hyatt.
'1 B - ?'1
#13 EXECUTIVE SESSION: Council had no need of an executive session.
#14 CITY MANAGER'S REPORT: Mr. Hill deferred his report until the
Workshop session of Wednesday night.
#15 ITEMS BY MAYOR: Mayor Bueker also deferred until the workshop
session.
#16 ITEMS BY COUNCIL: Mr. Schneider asked if the City Manager had found
out anything about the repair of the parking lot.
Mr. Hill said the contractor had been notified and it would still be under
warranty.
Mr. Howe asked the City Manager to give Council something on paper regarding
the water requests. Mr. Hill said he would have the engineer ,check on them.
Mrs. Hyatt asked if inside doors could be put on the women's restroom stalls
at the park as several had expressed the need to her. Mr. Hill is to look
into this and get some cost estimates.
#17 ADJOURNMENT: Mrs. Hyatt moved the meeting be adjourned at 9:20
P.M. Mr. Schneider seconded the motion which carried
unanimously.
~ &/L/
Mayor, City of Schertz, Texas
ATTEST:
Ci~~~Z