ccswks 01-30-1991
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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.
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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.
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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.
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'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
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#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
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