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12-04-1984 Ff r- #8 ADJOURNMENT: There being no further business to come I before Council, Mayor Saywer declared the Meeting adjourned at 9:23 p.m. ATTEST: REGULAR MEETING OF THE CITY COUNCIL DECEMBER 4, 1984 r-- I The Schertz City Council convened in Regular Session, Tuesday, December 4, 1984, at 7:00 p.m. in the Council Chambers, 1400 Live Oak Road with the following members present: Mayor Ear 1 W. Sawyer, presiding; Charles B. Sharpe; Hal Baldwin; Ross Hoover; Adolph Aguilar and Ken Greenwald. Staff present were City Manager Jimmy G. Gilmore and City Secretary June G. Krause. r- I After welcoming everyone to the meeting, Mayor Sawyer said he had a proclamation to present. He asked Coach Lehnhoff and Assistant Coach Tabola to come forward and read a proclamation which called for all citizens to commend and congratulate the Samuel Clemens High School football team for its outstanding 1984-85 season. The Buffaloes are the Distr ict l4-4A champions. Mr. Baldwin named some of the team's accompl ishments then Coack Lehnhoff presented the members of the team that were present. #1 PUBLIC HEARINGS: Mayor Sawyer turned the publ ic hear ings over to Mr. John Linebarger, Chairman of the Planning and Zoning Commission. Mr. Linebarger enumerated the three Zoning Changes being considered, stating the hearings are to receive comments from the public on each zoning change. After the hearings, the Planning and Zoning Commission has ten days in which to make a recommendation to the City Council for a decision. Mr. Linebarger said when each hearing has been identified, he will ask the citizens who wish to come forward, give their names and addresses and make their comments. ~ jilj A. Zoning Change '65. A recommendation by the Planning and Zoning Comnmission to rezone approximately 32 acres of land from pre-development to Single Family Dwell ing Distr ict (R-2). Mr. Linebarger then asked Mr . Hartzog to come forward and identify this parcel of land on the maps. Mr. John Senneff of 2, Dartford Lane, San Antonio, owner of the land in 'question spoke first. He said he had purchased the property from Mr. Bligh as an investment or to develope himself. He asked that the property be zoned R-5 rather than the R-2 recommended by Planning and Zoning because 8 to 10 acres would be lost because of flood zones. Viola Blanch of 205 Valley Oak said they already have a drainage problem adjacent to this property and wanted to know if the development would create more problems or drain somewhere else. Mr. Senneff said they would certainly put a buffer zone between their property and Lone Oak Subdivision where Mrs. Blanch lives, and not create any more drainage problems. There being no other citizens wishing to speak on this Zoning Change, Mr. Linebarger declared this public hearing closed at 7:18 p.m. B. Zoning Change i66 - a recommendation by the Planning and Zoning Commission to establish in the Zoning Ordinance the authorized use of Special OVerlay Districts. Again Mr. Hartzog was asked to explain the different points. Mr. Hartzog said that after many months of study, staff came up with Special OVerlay Districts, which will not change the zoning of any area but will make certain areas more restrictive. This will take into consideration air traffic, erosion, detention and retention, flood hazards, traffic hazards, historical and cultural protection and aesthetics. He said we have established these for the health, safety and general welfare of citizens. Mr. Linebarger explainsed that an overlay is a way of ensuring development in a certain area. Mr. Malford Ackermann was concerned about changing the flow of drainage and was told that this particular zoning change really had nothing to do with that. . There being no further citizen input, Mr. Linebarger declared the public hearing closed at 7:25 p.m. ,r ~. . '~ [] [] o 1 i. r- l r- 1 i ! \" 79 C. Zoning Change #67 - a recommendation by the Planning and Zoning Commission to rezone approximately 850 acres of land recently annexed from pre-development to General Business, Single Family Dwelling District, MUlti-family and Mobile Home districts. Mr. Linebarger said here again, the P&Z has a requirement to make zoning recommendations to Council on all land brought into the city. He then asked Mr. Hartzog to explain the boundaries of this property and the proposals made. Mr. Linebarger said P&Z have tried to decide what might happen to these parcels of land in connection to the Master Plan. This does not mean that zoning cannot be changed at a later date if development changes. The zoning will not affect the present property owners. The proposed roads in this parcel are just roads that are in the city plan. The actual locations and curvature depend on development. We must plan for the flow of traffic and do not want dead-end streets. Mr. Ken Anderson of Marion, Texas, said he manages some cat fish ponds in this area and they are planning to expand. He wanted to know if he would have to request rezoning for this expansion. He was told yes and that he would have to have permits for this expansion also. Mr. James H. Haley of 405 Lor i Lynn and Mr. Malford Ackermann both were concerned about the designation of an area for Mobile Homes. Mr. Paul Silver said he felt the general master plan does not go far enough because it does not address drainage. Mr. Linebarger explained that that was covered under another ordinance. Betsy Sassman of 905 Fawn Drive was concerned about the type and size of lots adjoining her property and was told that according to this plan these adjoining lots would be R-l, which is the largest lots provided for in our ordinance. Mr. Tony DeWinne, who owns property in the Live Oak Hills section, said that when he purchase the lots Continental Homes told him he had paid for streets. Now he is wondering if he will have to pay again. He was told to contact the developer about that. Mr. John Blazer, a broker in San Antonio, asked if there is a plan for an overpass at the extention of Live Oak Road on 135. Mayor Sawyer said we are doing everything possible now to convince the Highway Department to put one in their plans. In answer to a question by Mr. Baldwin, Mr. Linebarger said that P&Z are proposing that wherever Live Oak Road goes, both sides will be general business. 80 \ Mr. John Brickman a Real Estate Broker in San Antonio said he thought the way the City is approaching this zoning is commendable. 1\' ; Ul There being no further input from the public, Mayor Sawyer declared the public hearings closed at 8:08 p.m. and called for a short recess. The Regular Meeting was reconvened at 8:17 p.m. #2 HEARING OF RESIDENTS: Mr. Malford Ackermann reserved time for item No.4. 13 APPOINTMENT: Mayor Sawyer said this item is to consider the appointment of a Police Reserve Officer and asked Cpl. MacSorley to introduce the candidate. Cpl. MacSorley introduced Richard L. Wrenn, saying that he has completed the required 70 hour course for reserve officers, has his Texas Certification, EMT Certification and is a Certified Fire Fighter as well as being a City employee. It would benefit the department to have him a member. Mr. Baldwin moved to appoint Richard L. Wrenn as a Police Reserve Officer. Mr. Aguilar seconded the motion, which carried with the following vote: AYES: Councilmen Sharpe, Baldwin, Hoover, Aguilar and Greenwald. NAYS: None o The Mayor and Council welcomed Mr. Wrenn as a Police Reserve Officer. #4 ORDINANCE: Mayor Sawyer introduced an ordinance regulating firearms within the city limits. He then called on Mr. Ackermann, who said that during the annexation proceedings of this land, he asked and was told that he could hunt on his land as long as the hunting stayed on his land. Now this restricts even that. He felt there should be some provision in the ordinance whereby you could shoot as long as the land was agriculture land. He agreed that shooting should not be allowed in the city proper. Mayor Sawyer said the first reading of an ordinance was to bring it before the pUblic, that an ordinance can be changed between the first reading and finalization. Mr. Wiedman expressed his concern about the restriction of allowing anyone under 17 years of age from bearing arms. o ,. ';'I"~~ "" .' ~1 "- y -,~,- ,-- In order to help clar ify some of the points being questioned, Mayor Sawyer read the entire ordinance, the caption of which is as follows: AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS MAKING IT UNLAWFUL FOR ANY PERSON TO FIRE ANY GUN THAT DISCHARGES A BULLET, PELLET OR "BB" BY, ANY MEANS; UNLAWFUL FOR ANY PERSON OR CORPORATION TO SELL TO PERSONS UNDER AGE SEVENTEEN ANY LEADED CARTRIDGE OR ANY EXPLOSIVE OR ANY GUN CAPABLE OF EXPLODING OR DISCHARGING A BULLET, PELLET, OR "BB"; UNLAWFUL FOR ANY PERSON UNDER THE AGE OF SEVETEEN YEARS TO HAVE IN THEIR POSSESSION ANY GUN, BOW AND ARROW, OR SLING SHOT OUTSIDE THE CONFINES OF THEIR HOME UNLESS ACCOMPANIED BY A PARENT, LEGAL GUARDIAN OR RESPONSIBLE ADULT; AND PROVIDING A PENALTY FOR SUCH VIOLATION THEREOF. ~ Mr. Baldwin moved to accept the first reading of this ordinance. Mr. Aguilar seconded the motion. Mr. Hoover said he believed the intent of this ordinance was to restr ict the capabilities of youngsters of going out and doing damage to other's property. He went on to say that he in no way wanted to ban firearms and as far as agricultur~ land was concerned, he agreed with Mr. Ackermann. He said he would like to see some clause in the ordinance regarding agr iculture land usage. At this point he recommended disapproval of the ordinance. Mr. Gilmore again stressed the need of some type of control because of the excessive damage being done to property, with the majority being done by the young adolescent. Some of the damage is malicious, some is from just not paying particular attention as to what they are doing. The ordinance is addressed mainly to provide some means of control within the city of juveniles who are not mature enough to handle this. Attorney Harris said probably a clause can be added as an exclusion of agriculture land. Mr. Baldwin asked if out of all the incidents were any apprehended and had to be released. Mr. Gilmore said that 14 to 16 weapons were confiscated, one of which was a rifle other than a BB gun. Mr. Baldwin then asked if there was anything unconstitutional about this ordinance. Attorney Harris said no, nothing in the ordinance that restricts people from the right to ,-- protect themselves. i I~ 82 Mr. Aguilar asked that the recommendation for disapproval be changed to amend and Mr. Hoover withdrew his request for disapproval. 1') LJ Mayor Sawyer recommended voting on the first reading tonight and at the next workshop make changes for the final reading. He then called for a vote on the motion, which carried as follows: AYES: Councilmen Sharpe, Baldwin, Hoover, Aguilar and Greenwald NAYS: None is CURB-CUT REQUEST: Mayor Sawyer said that regarding the request for a second curb-cut at 429 Sharon Court, Planning and Zoning has recommended disapproval. Mr. Sharpe moved to approve the recommendation from Planning and Zoning to disapprove the request for a second curb-cut at 429 Sharon Court. Mr. Greenwald seconded the motion, which carried with the following vote: AYES: Councilmen Sharpe, Baldwin, Hoover, Aguilar and Greenwald NAYS: None i6 ZONING CHANGES: Mr. Gilmore said that Planning and Zoning, having met after the public hearings, has forwarded their 0 recommendation to approve all three zoning changes. 'I Mr. Sharpe moved to approve Zoning Changes #65, 66 and 67 as recommended by Planning and Zoning. Mr. Greenwald seconded the motion. Mr. Hoover said there are some parts of #67 - the rezoning of 850 acres recently annexed - that he does not agree with. He disagreed with the portion designated mobile home, saying he felt this should be discussed with developers as they come in. Mr. Greenwald said that particular designated area was brought to P&Z before the area was annexed and was approved. The man has lots of problems to work out before he can develope or get approval from Planning and Zoning. Mr. Baldwin said he agreed with Mr. Hoover and does not agree that this should be zoned mobile home. If this man sells the land, then the buyer can come in and build a mobile home park. Mr. Baldwin said he is definitely not in favor of zoning that parcel mobile home. Mr. Harris suggested voting on each zoning change separately. Mr. Greenwald withdrew his second to the motion and Mr. Sharpe D. withdrew his motion. ..\::;; "'ftt'.':; ;,\l," ~''"-.-. , >".:f.~' ,:li.),.ii i-I r. " . ;~ ....... ":':::,:~~ I~C~. ~-'_j Q_~1 Mr. Sharpe then moved to approve Zoning Change #65. Mr. ~ Greenwald seconded the motion, which carried with the following r vote: I AYES: Councilmen Sharpe, Baldwin, Hoover, Aguilar and Greenwald NAYS: None Mr. Sharpe then moved to approve Zoning Change #66, with Mr. Baldwin seconding the motion, which carried as follows: AYES: Councilmen Sharpe, Baldwin, Hoover, Aguilar and Greenwald NAYS: None Mr. Sharpe moved to approve Zoning Change No. 67. seconded the motion. Mr. Aguilar Mr. Hoover and Mr. Baldwin again expressed their disapproval of the mobile home designation. I \ '- Mr. Greenwald explained that when the plat was originally presented (before annexation), the land abutting Parkland would be sold as lots for personal homes; the section between that and FM 1518 would be trailer park and on FM 1518 small business type area. The developer has drainage, Entex gas lines and many problems to overcome. The new sub-division ordinance (which should be ready shortly) says that if a man does not build within one year then we can rezone. Mr. Sharpe said he felt an obligation to the man since he came in and got approval when it was in our ETJ - if it was good enough for our ETJ, why not now that it has been annexed. Mayor Sawyer called for a vote on the motion, which carried with the following vote: AYES: Councilmen Sharpe, Aguilar and Greenwald NAYS: Councilmen Baldwin and Hoover #7 EXECUTIVE SESSION: None needed #8 CITY MANAGER'S REPORT: Mr. Gilmore had nothing #9 ITEMS BY COUNCIL: Mr. Sharpe reminded everyone of the Christmas Tree Lighting Ceremonies Thursday evening at 6:00 p.m, the public is definitely invited to attend. r- Mr. Aguilar report on the Library Advisory Board Meeting, saying they are planning on raising some money to brick the outside of their building. ~ 84 Mr. Hoover said he is happy to see that work has begun on the improvements to the Animal Shelter Mr. Sharpe reported on the meeting of the Economic Task Force Committee of the Corridor Commission he had attended. ilO ITEMS BY MAYOR: Mr. Sawyer said he had a letter from Chief Keith commending Patrolman Brian Doerk for helping to save a life. He also reminded everyone of the "Ray Corbett Day" December 11th. ill ADJOURNMENT: On a motion duly made and seconded, the meeting was adjourned at 8:58 P.M. ATTEST: ,..,:~,J ~,~:ttI ::;~":~::,14;;',',';~b', ~. . :1'...,....7~ .:..' :':;;1:;1;;:..';:;.3; .;.t "'-, 'I [l o o