12-04-1984
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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
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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.
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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.
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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.
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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.
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Mr. John Brickman a Real Estate Broker in San Antonio said he
thought the way the City is approaching this zoning is
commendable.
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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
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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.
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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.
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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.
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Mr. Aguilar asked that the recommendation for disapproval be
changed to amend and Mr. Hoover withdrew his request for
disapproval.
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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.
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Mr. Sharpe then moved to approve Zoning Change #65. Mr.
~ Greenwald seconded the motion, which carried with the following
r vote:
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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.
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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.
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Mr. Aguilar report on the Library Advisory Board Meeting, saying
they are planning on raising some money to brick the outside of
their building.
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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:
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