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ccswks 01-30-1991 ^ 136 SPECIAL MEETING OF THE CITY COUNCIL JANUARY 30, 1991 The Schertz City Council convened in Special Workshop Session, Wednesday, January 30, 1991 at 6:30 p.m. in the Police Department squad room to review LETN (Law Enforcement Television Network) Programming and at 7:00 p.m. convened in the Conference Room of the Municipal Complex, 1400 Schertz Parkway, Schertz, Texas. The following members were present: Mayor Earl W. sawyer, presiding; Joe Potempa; Barbara Stanhope; Mary Marsh and Ken Greenwald. Absent: Hal Baldwin. Staff present were City Manager Kerry Sweatt and Deputy City Secretary Alice Austin. 11 HEARING OF RESIDENTS: Micki Tereletsky advised Council that the Schertz Business Cl ub was in the process of bUYing yellow ribbon to honor the troops in the Middle East and that they are requesting permission of Council to tie bows on the utility poles along FM 78. Consensus of Council was to allow the Business Club to put the yellow bows on the utility poles. 12 Discussion of a request for Special Exception to the AICUZ APZ-1 zoning by the Resurrection Baptist Church. Mr. Sweatt advised that this was a request by the Resurrection Baptist Church for a special exception to the APZ-l zoning in the AICUZ zone to use an eXisting bUilding for a church. He advised that the Planning and Zoning Commission was recommending the request be allowed. Mr. Sweatt advised that the City Attorney had reviewed this matter. Mr. Spain advised that in his oplnlon the APZ-l zoning was reasonable based on certain criteria and would certainly be upheld if challenged. He advised that Council has no obligation to grant the variance as long as the denial was not capricious. Mrs. Marsh asked what the city's liability would be if the var iance was granted. Mr. Spain advised that the Torts Claims Act protected the city to some extent. Mr. Oliver Nelson advised that he was not connected with the church other than as the realtor handling the sale. He said that the clear zone extended and was mostly within Universal City and that Universal City had not adopted the AICUZ zoning ordinance. Mr. Willie McDaniel advised that their membership was approximately 60 to 65 percent military personnel and that he felt they would bring nothing but positive things into the area. He advised that they had been monitoring the flying times on Randolph and that the major portion of the flYing was performed at times they would not be meeting. /, x Mr. Spain advised that Mr. Sweatt should check with insurance carrier regarding the city's coverage if exception is granted. the city's a specia 1 Mayor Sawyer instructed the City Manager to check with the city's insurance carrier and then prepare, with the guidance of the City Attorney a document which is satisfactory to both parties. He advised that if this was done this item would be placed on the next regular agenda for consideration. #3 Discussion of BOA hearing on a request by Alco Creative Builders, on behalf of Henry Spires 3713 Olde Moss, for a three foot rear-yard setback variance to the zoning ordinance. Mr. Sweatt advised that the letters had been sent out and several responses had been received both for and against. He advised that the main concern was that the building is on the corner. Mr. Greenwald advised that the shed had been built over the weekend and the property owner had failed to obtain a building permi t. Mr. Sweatt advised that the way the building was currently located the owner would need a 5 yard variance and that Planning and Zoning had recommended that the building be turned and then a variance of only three yards would be required. Mrs. Marsh said she would just as soon let him leave it where it is. #4 Discussion of a resolution authorizing the City Manager to execute Payment Request forms in accordance with Public Property Contractual Obligation Escrow Fund. Mr. Sweatt advised that the bank would need a resolution authorizing the City Manager to execute payment request forms and other documents, Mayor Sawyer requested this item be placed on the next regular agenda for action. #5 Discussion of Canyon Regional Water Supply Grant Application and related water supply matters. Mr. Doyle Hines advised that in 1989 the Canyon Regional Water District was created with the membership being Green Valley Water Supply Company, East Central Water Supply and Crystal Clear Water Supply. He advised that the function is to develop a water supply other than the aquifer. He advised that CRWA was applying for a Federal Grant which would be used to construct a 24 inch pipeline from Clear Springs water treatment plant to north of Schertz and they are asking that the City adopt a resol ution supporting their appl ication. Mayor Sawyer requested the Resolution be placed on the February 5 agenda for consideration. /~ -<' 01"1 Jt ~J c Mr. Spain advised that Mr. Sweatt should check with the city's insur'Ilge ~"ViMN~C~i:RRpoJh€ (!+ t~ilty c8Y@aftg%p i~il e~e~~Cl~ !~6~F~B~uh~yg~~n~~~ough March 3. ~gYOlfU~ ~~ w:m %tlid Me~1fflri&OheS!lfftgW. Feb~uatyy '1~ ~'ts~~Ef> .~rra1t8ItlW~~ i1PF~P~r&M- tt!o ta!s€Hl~€l r@~efft~~t~i 13Y1 ~~tg;n~~danp.~.nt which is satisfactory to bo parties. He advised that if this was done this item ould placed on the ~~xt ~~U€~~s~ie~~r ~4~~0~he opul 'on of Schertz at 10,555. #3 Discussion of BOA hearing 0 st by Alco Creative ~~~~~e~~em~nd~~8~~~e@fw~r~0~~ ~~e~~dt~~@~ ~'ttVffl~1:~~~kyerN~~Ma . fJH~r~!,~@c~riefing on February 4 and meetinq, between the ty of Cibolo and the ~ad%\1%1>~t ~'h\:rveCl\~stfie d-~ he6l ~eRe~~n~to}iata~dpli~'t~r~h t~~ltlll!-'s 4 !lad been received both for nd against. He advised that the main concern was that he b . dlng is on the corner. '11 ITEMS BY COUNCIL: Ma sh 1. Briefed the Council Mfi' ttHf~cad~~~f!8pm~tT~ ~iR~e8f ~1arflv~f. sf\% 'ti~~li%~<a ~l\~t t€l1e Pff>~S1iJ~ fJ'rl~@e 8il&Fe trtoto~~lln~ Q~ild~W~ ~~ft~ithey will be looking at .ns ~:r;-. ~~~faa. it~W~n&PPt nt1t~ e:t:~ B\1~ih~!sT3g cfoliW me~f!~fJtb'f ~~~~~4 2~~ owner would ne d 5 rd variance and that Planning and Zoning had recomm~n ed t the building be turned and then a ~gria}Q~iSl~doI@:h~tt r afJ@u*~hlFe ~~~Frruing the tradition started by Dr. Rich cooking for the trail riders. Invited ~~~on~a~~ ~~~e@ht t~S~ea~ts~%.l~~c~~~dl~a~~m~ta~h%~%:~~ h~m. on the 4th. .JO!LJ~f>temPjJ;CUJi . ~8 ~~~~4i~reit~IH1lcIt~v4~~<JM*~~@lI ~qar@C'iWt~~illla f:J{~tat ~ n\elet"R~o!d,~ce with Public Property Cont a t a Obligation Escrow Fund. 2. On Feb ua 5 he trail riders will be having a dance at the ~PW. Sweatt d that the bank would need a resolution authorizing th ty Manager to execute payment request forms and g~he~ he had seen on television that San Antonio had oone to Aus' and gotten money for IH-35 and asked why we could ~~~o~e~a~~~ ~~~O~is item be placed on the next regular agenda for a tion. Mr. Sweatt dvised that we needed to go to the Highway Commission and mARe a t%~%~,!~qonqf Canyon Regional Water Supply Grant Applicati n and related water supply matters. Barbara tanhQPe: Advised that she had received calls concerning If:ecy~~ ~~1flnes-advised that in 1989 the Canyon Regional Water Distri t was created with the membership being Green Valley Water ~ e~Cl@'i!, JBit~tete~ne~hc\fClt%fl %~l y ~~i<n:gY%~l a~4A~18dW~h%lt ~%-- ~ba-llHtWi-fl.p.v~ee~l6$1p.& W M~'i~f1t.ig:>%n~S tfi@red~i~lJ.OPb& aW~a.~18 ~ b~~~:e ~~e~a~u~~~r. He advised that CRWA was applying f a Federal Grant which would be used to construct a 24 inch peline from Clear Springs water treatment plant to north of chertz and they are asking that the City adopt a resol ution supporting their appl ication. Mayor Sawyer requested the Resolution be placed on the February 5 agenda for consideration. " 138 \ '6 Discussion of Charge-offs for first quarter 1990 SAFES' accounts. Mr. Sweatt advised that SAFES was requesting to write off those bills which are uncollectable for the first quarter of 1990. He advised that the majority are skips or transports to the county hospital which are frequently transients or indigents. Mayor Sawyer asked if we continued to try to collect on these debts. Mrs. Marsh said that there should be a penalty to the cities. Mr. Sweatt advised that it was almost impossible to find these people because they were gone from the area or had given invalid addresses to begin with. He also advised that SAFES collection rate had gone up and is currently the best in the state. '7 Discussion of Rider/Observer Police vehicle policy. Mr. Sweatt advised that Mr. Potempa had gone to the police department and requested he be allowed to ride with the on-duty off icer and that there is currentl y no pol icy in effect that allows this. Mayor Sawyer advised that he has never had any doubt that the City Council should be allowed to ride. Mr. Sweatt advised that he and the Chief of Police recognize the liability involved in rider/observers and feel that the policy should preclude rider/observers but that they had developed a policy which allowed rider/observers who had just cause. Mayor Sawyer, Mrs. Marsh and Mr. Potempa all voiced their objection to riders other than City Counci 1 members. They all agreed that Council should have an orientation ride once a year if they so desired. 18 EXECUTIVE SESSION: Mayor Sawyer called an Executive Session under Article 6252-17 Vernon's Texas Civil Statutes, Section 2(g) to interview a candidate for appointment as Associate Judge for the Municipal Court at 9:22 p.m. Mayor Sawyer called the meeting back to order at 9:37 p.m. '9 Discuss and take action, if any, on the above Executive Session item. Joe Potempa made the motion to approve appointment of Mr. LeRoy Cinnamon as Associate Judge. Mrs. Stanhope seconded the motion which carried with the fOllowing vote: AYES: Councilmembers Potempa, Stanhope, Marsh and Greenwald NAYS: None / x 139 #10 CITY MANAGER'S REPORT 1. City clean up will be held from February 16 through March 3. 2. Highway Department will hold a public hearing on February 13 at 7:30 p.m. at the Rocky Hill Church to discuss improvements on IH-35 and FM 3009. 3. The census report represented the population of Schertz at 10,555. Other items discussed were concerning a letter of recommendation for Volunteer of the Year, attendance of legislative briefing on February 4 and meeting between the City of Cibolo and the Guadalupe County Appraisal District to be held at Pat's Place on February 4. #11 ITEMS BY COUNCIL: M.EXY...l1B.!:sh 1. Briefed the Counci 1 on the Economic Development Task Force Meeting of January 24. She advised that the license plate holders are not selling well and that they will be looking at pins. 2. Briefed the Council on the Schertz Business Club meeting of January 22. 3. AdVised that Mrs. Richard will be continuing the tradition started by Dr. Richard of cooking for the trail riders. Invited anyone who wanted to help to be at Mrs. Richard's home at 6-6:30 p.m. on the 4th. J~e Potempa: Advised that the Humane Society had reviewed kennel plans and will discuss them at their meeting 2-4. 2. On February 5 the trail riders will be having a dance at the VFW. 3. Advised that he had seen on television that San Antonio had gone to Austin and gotten money for IH-35 and asked why we could not get money for FM 3009. Mr. Sweatt advised that we needed to go to the Highway Commission and make a presentation. ~arbara Stanh~~ Advised that she had received calls concerning recycling. Ken Greenwald: Briefed Council on BVYA meeting and advised that basketball will be closing on March 9 and there will be a take out barbeque on February 17. 140 , 12 ITEMS BY MAYOR: Mayor Sawyer said he would like to thank the Business Club for offering to put up ribbons. He also advised that he would like a Resolution designating Volunteer Month on the February 5 agenda. '13 ADJOURNMENT: The 10:02 p.m. Texas /