ccswks 02-23-1994
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SPECIAL MEETING OF THE CITY COUNCIL
FEBRUARY 23, 1994
The Schertz City Council convened in Special Session
Wednesday February 23, 1994 at 7:00 p.m. in the Conference
Room of the Municipal Complex, 1400 Schertz Parkway,
Schertz, Texas. The following members were present: Mayor
Earl W. Sawyer, presiding; Joe Potempaj Hal Baldwin;
Barbara Stanhope and Ken Greenwald. Absent: Mary Marsh.
Staff present were City Manager Kerry Sweatt and City
Secretary June Krause.
#1 HEARING OF RESIDENTS: George Mower A. He said he
was informed that the City Council was required to have
available for citizens to read the Vernon's Statutes,
specifically Section 6252-17 on the open meeting law. He
said he asked at the front offices and it was not available
to him. He was given a book on the Open Meetings Law but in
his opinion, it just showed ways to get around the law.
B. The next question or comment was addressed to the
Mayor. He said that on January 26th, he asked what the
Inspector was at the meeting for - was he present as a body
guard or bouncer and was told that as a citizen, he had a
right to be at any meeting. Mr. Mower said he later talked
with the Inspector and found out he is in charge of all
inspections for the City and that Mr. Davis is under him
and that is why he was at the meeting.
Mr. Sweatt advised that the Sanitarian reports directly to
him and the City Inspector reports indirectly to him through
the Assistant City Manager.
#2 Discuss public hearing on a request by Earl
Mayfield for a Specific Use Permit to allow him to build a
house approximately 200 feet south of the barns at Kitty
Hawk Flying Field.
Mr. Sweatt referred to the copy of the application for the
Specific Use Permit included in Council packets. The
property is located off FM 2252 and is zoned Light
Manufacturing. Mr. Mayfield wants to build a residence
south of the barns primarily for security reasons. Planning
and Zoning has held their hearing on this request and are
recommending approval. In this case, no notices were mailed
to adjacent property owners because Mr. Mayfield owns all
the property within 200 feet.
Mrs. Stanhope asked if he would feel safe having a
residence there.
Mr. Sweatt said one of his main concerns is he has started
to have some vandalism - not anything major but some.
When asked by the M~yor, no one objected to this item being
on the next action agenda.
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#3 Discuss Buffalo Valley Youth Association storage
building lease agreement.
Mr. Sweatt related that he had included a draft of the
agreement in the Council's packets. They are wanting to
construct a 22 x 24' cinder block building adjacent to the
Public Works maintenance area. This agreement was patterned
after the one we have with the Scouting Association.
When asked why the short term of the lease, Mr. Sweatt said
it is such a small building and we felt that within ten
years they will need a larger building. They will build to
City regulations.
There were no objections to this item being on the next
agenda for action.
#4 Discuss Planning & Zoning recommendation regarding
Northcliffe Subdivision Scenic Hills, Phase 2.
Mr. Greenwald referred to the recommendation from Planning
& Zoning Commission. He advised that it is not Scenic Hills
but will be Fairways Scenic Hills North - he then showed a
plat of the area. Some of this is in the City and some of
it is out of the city limits. P&Z offered three options (1)
annex the entire areaj (2) annex this area along with the
rest of the MUD District 2 or (3) annex the entire
Northcliffe Subdivision.
Mayor recalled that Council had twice disannexed some houses
in Northcliffe.
Mr. Greenwald asked if Council wanted to consider
annexation? If would involve getting Mr. Anderlitch
involved and start looking at what bonding conditions are.
If Council is going to look at it, now is the time with the
bond market like it is.
Mr. Sweatt said part of the issue is that after the State
law changed, it is not possible to annex a portion of a MUD
District - it has to be all or none. A portion of this is
in the City so that can stay if that is the choice. But you
will be faced with those issues where people asked about the
difference between them and their neighbor when a city limit
line runs through a property. They question two levels of
service they feel they should be getting. It is a pretty
complex issue to deal with the MUDs and refinancing. But
another issue is that were it to be annexed tomorrow,
services would have to be commenced immediately and it would
not be taxable until January 1 and the ad valorem taxes
would not be payable until almost the next January.
Mr. Greenwald reminded that this subdivision would be
private roads and there would be no maintenance, but of
course we would have to furnish fire and EMS and of course
police without patrols.
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Mr. Baldwin's concern was that this area was developed
sixteen to eighteen years ago and the streets have to be
wearing out, the water and sewer lines deteriorating. We
would be just in time to take on all the problems.
Mr. Greenwald suggested taking a look at the streets, etc.
and start some investigation of financing.
Council discussed this at length and the variables involved,
such as the possibility that they would want to incorporate
themselves; if a security area, it has private streets;
would our subdivision ordinance prevail as far as park
dedication is involved?
It was agreed that this needs to be further looked at, with
the financial aspect being the most important.
#5 Discuss request by Judge LeRoy Cinnamon to appoint
Jack Tokar Teen Court Coordinator.
Judge Cinnamon advised that the Teen Court has been
unusually successful, to the point that as of today we have
twelve people to be tried and are holding Teen Court once a
week. With his work with the Municipal Court, he is
strapped for time. Jack Tokar has background in police work
and is well liked by the youth. He works for GVEC and has
been working with Judge Cinnamon for about three months.
Judge Cinnamon said he was not backing out, just running out
of time - he will still be the Judge of the Teen Court.
Mayor Sawyer said that he felt Jack Tokar would be a fine
man to assist the Judge with Teen Court.
Judge Cinnamon said he would
asked for another assistant to
to start an alternate court.
are doing an outstanding job.
probably be back in time to
be appointed. They are going
He ended by saying the kids
Mrs. Stanhope said Council wanted to thank him for his
effort in getting the Teen Court off the ground.
Mr. Sweatt said Judge Cinnamon has not only been called on
to help us but has been asked to speak on State panels and
has caused us to be recognized in the area.
#6 Discuss appointments to the Canyon Regional Water
Authority.
Mr. Sweatt recalled that we have, in the past, appointed
Ken Greenwald and John Bierschwale to the CRWA Board of
Trustees and they are willing to continue to serve in that
capacity. John Bierschwale has been on the CRWA Board of
Managers, which is the second tier advisory. He has
recommended apPointing Samuel Willoughby to the Board of
Managers. This way we will have more input and a third
opinion on issues.
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Mr. Greenwald said he and John Bierschwale had discussed
this and said their thought of getting Mr. Willoughby
involved was getting another and different opinion on
things. He added that they are all willing to serve.
Mr. Sweatt added that the Board of Trustees is the decision
making body and the Board of Managers is set up to receive
advise - it is a management advisory group.
Councilmembers felt this a good idea, adding that we need
all the representation we can get.
Mr. Sweatt advised that if Council agrees, we will have
resolutions prepared for the next agenda.
#7 CITY MANAGER'S REPORT: A. Received notice from
the Metropolitan Planning Organization there was to be a
public hearing the next night at Universal City on 1995-97
Transportation Improvement Program. Three of our projects
have in fact made the 1995-97 program - this means they are
on the list and are eligible to be considered for funding
(1) FM 78; (2) Aviation with the bridge at the low water
crossing and (3) Lower Seguin Road. They did not include,
because of the new rulings by the Department of
Transportation, an extension of Woodland Oaks Drive and a
portion of Doerr Lane because they are not currently on the
State System, therefore are not included. We are continuing
to work on those.
Mr. Baldwin asked if we could use this system to get
together with Cibolo to do something about Dietz Road.
Mr. Sweatt answered that first you would have to get it on
the system, as it is not currently on it. You could get it
on the system and they would participate in the cost but the
local entities would be responsible for utility costs, right
of way costs, curb and gutter costs and storm sewer costs.
Dietz Road currently falls totally within Cibolo's extra
territorial jurisdiction.
B. We received
United Suburban
City Hall.
notice that tomorrow at 3:00 p.m.
Cities would be meeting in Terrell
the
Hills
C. Showed plat of a l.83 acre tract parkland in the Dover
Subdivision, lying along Borgfeld Road and generally across
the road from the Animal Shelter. Have prepared a master
plan and have submitted and received a grant from the Texas
Forest Service for the first initial plantings in this park.
This park is not planned as a high intensity play ground
park but simply a beautification and demonstration project.
The plans he showed included the various trees and
xeroscaping and included demonstration sites, in which
groups might want to do xeroscaping projects. Gail Douglas
has been working with some of the schools in hopes of
developing some class projects. The first grant from the
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Forest Service is $2500 and we hope to do the first section
of the larger trees. Hopefully, as the years progress, we
will be able to qualify for additional grants, as well as
some volunteer donations and some civic club efforts.
D. He made a presentation at Bexar County Commissioner's
Court this date in the amount of $148,860 for the ADA
projects that Council authorized for Community Development
Block Grant application. Their schedule calls for
discussion in March and we expect to hear in April if we
made the initial cut. If our application is approved, it
would not be available until October 1, 1994.
#8 ITEMS BY COUNCIL: Mr. PotemDa asked the status of
the Community Development Block Grant for Mobile Villa.
Mr. Sweatt said we have turned in all the documents and
believe that they will accept our findings and that we
qualify to meet the low to moderate income. We had 24
responses. We needed a minimum of 22 so have a little bit
of insurance. We plan to make a presentation to CCMA soon
to see if there is any way they will consider waiving any of
their capitol recovery fee for a period of time.
B. Mentioned the empty building on Main Street at Randolph
having a lot of graffiti that looks bad.
Mr. Sweatt said we have had an offer from one citizen that,
if the City could get permission from the owners, they would
consider furnishing the paint to paint over this. We can
not really force the owner take care of it - only asked if
they will.
C. He said he was going back to school and
permission to be gone on some Wednesdays.
classes would relate to City Council.
would need
He said the
Mr. Greenwald: A. Tim Russel of the San Antonio Water
Authority gave a talk and mentioned the New Braunfels
Zeitung newspaper which showed the rainfall patterns,
relating back to what we had in 1988-89, anticipating the
springs will stop flowing soon.
B. He said he saw in the Express/News where San Antonio is
going to the inverted water rates. He said we don't follow
all the time, some times we lead.
Mr.
asked
Mr.
now.
about
owner
costs.
Mower referred back to the Mobile Villa project and
what would it cost the resident to go on the sewer.
Sweatt said the Capitol Recovery Fee is about $1195
CCMA increased their fee about three years ago to
$985. Then of course you have the general cost to the
to turn their plumbing around and then the monthly
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#9 ITEMS BY MAYOR: He attended a meeting of the Bexar
County Council of Mayors in Windcrest the previous day and
what they wanted to talk about was VIA giving away the
Alamodome. We are not in their service area.
Mr. Baldwin said he wanted to let everyone know that the
Schertz-Cibolo Lion's Club was having their annual sale of
fertilizer at GVEC on March 5th.
Mrs. Stanhope mentioned that if anyone wants Buffalo Valley
Lion's Club circus tickets, she has them.
#10 ADJOURNMENT:
meeting was declared
Sawyer.
There being no further business, the
adjourned at 8:03 p.m. by Mayor
ATTEST:
?;J ~/ LA/Y/'--
'Mayor, 'City of SCh~Z, Texas
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