ccswks 10-14-1992
5
SPECIAL SESSION OF THE CITY COUNCIL
OCTOBER 14. 1992
The Schertz City Council convened in Special
Session Wednesday, October 14, 1992 at 7:00 p.m.
Conference Room of the Municipal Complex, 1400
Parkway, Schertz, Texas. The following members
present: Mayor Pro Tem Barbara Stanhope; Jo Potempa,
Baldwin; Mary Marsh and Ken Greenwald. Absent: Mayor
W. Sawyer.
Workshop
in the
Schertz
were
Hal
Earl
#1 HEARING OF RESIDENTS: Annie Almond presented a
plaque our City float won for first place in the parade at
Lake Dallas.
Mayor Pro Tern Stanhope congratulated Annie and thanked her
for all the hard work she put in on this project.
#2 Discussion of 10-20-92 BOA hearing on a request by
Mr. & Mrs. Coons, 2800 Hidden Grove, for an exception to
the 10' required setback for accessory bUildings.
Mr. Sweatt recalled that Mr. & Mrs. Coons had presented
an original request that was denied. They have now come
back with a modified request asking for a 4' exception to
the setback for accessory buildings. Included in the packet
given to Council is a drawing showing how it would be
located on the property.
Mrs. Marsh said they could have saved themselves all this
if they had taken the recommendation of the Planning &
Zoning Commission on the original request.
Mr. Greenwald said his only concern is that it is going to
be a wood work hobby shop. He added that if Council
approves this request, it should include the proviso that
the Coons would have to get all the necessary permits if
they added power or anything.
The consensus of Council was to hold the BOA hearing on
October 20th as planned.
#3 Discussion of a resolution setting the time, date
and place for public hearings on the proposed disannexation
of a portion of the Northcliffe area.
Mr. Sweatt reminded that about two months ago, some
property owners from this area were at a workshop requesting
disannexation. There are two houses in this area and four
additional lots available. He said we have been providing
services to this area and they are not totally opposed to
being a part of the City; but only if the entire
Northcliffe Subdivision is annexed. They feel they are
being discriminated against.
6
When
Mr.
the
U.S.
someone asked if these were the homes in the rest area,
Baldwin said no, the homes built in the rest area were
very first homes built in Northcliffe and employees of
Homes moved in and formed the first MUD District.
Council agreed to place this on the next action agenda.
#4 Discussion of public hearing regarding FM 3009 name
change.
Mr. Sweatt advised that Council had adopted a resolution on
September 15th to begin the process of changing the name of
Jack Hays Boulevard in recognition of the late Dr. Roy
Richard Sr., in accordance with the guidelines adopted in
1989. The guidelines basically say that anyone who wants to
change the name of a street first checks with the post
office to see that there is not a conflict, then the City
will send letters to all the property owners in the area
advising of the hearing date. After the Planning & Zoning
Commission hold their hearing, they have ten days to make
recommendations to the City Council. Then it sets up the
process by which the outcome is reported to the various
agencies. A copy of the resolution was taken to the
Planning & Zoning at the meeting the night before and we
understand they did not take any action.
Mr. Greenwald said that was because Council did not follow
their own guidelines procedures. It says the petitioner,
which is the City, did not say what we wanted to name the
street, we have not gone to the post office. He added that
the Council took it upon themselves to start the process but
did not follow through.
Mr. Sweatt was of the opinion that the guidelines had been
followed. His opinion is that we hold the public hearings
and that is where it is decided what the name should be.
Mr. Baldwin said what he is hearing then is that someone
from the Council is going to have to get up at the P&Z
public hearing and say "We want to name this street----"
Mr. Greenwald advised that the guidelines says you first
have to get an okay from the post office and if you do not
have a name, how are they going to okay it. He also
reminded that the guidelines say the name cannot be longer
that fourteen characters. Also this sign limitation limits
it to Roy Richard Dr., it that is what it is to be named.
Mrs. Marsh felt this was the outcome of being presented a
petition from the citizens. Council advised that this is
something they just decided to do on their own, as the
petition concerns Schertz Parkway and this refers to FM
3009/Jack Hays Boulevard. Mr. Baldwin said why wait for
the petition, if this is really what we want to do.
~
1
After further discussion. Council consensus was to recommend
the name be "Roy Richard Drive", send the letter to the San
Antonio Post Office and asked P&Z to consider at their next
meeting.
#5 Discussion of use of consultant for Cable Franchise
review.
Mr. Sweatt reminded that our Paragon Cable Franchise is set
to expire in 1993. We have been requested to consider
extension or renegotiate the franchise by Paragon Cable. We
delayed any formal presentation for several reasons. One is
the Cable Act and what all will be effected by this. It
does appear to us that the Cable Act as finally enacted will
not give us much, if any, local regulation. We spoke with a
number of other cities who are in a similar time frame as
ours. It appears to us that the first step in the process
is, whichever route we chose to go, to use our resources and
determine if, in fact, we have been receiving everything we
are due under our current contract. There is some wording
in our current contract that indicates to us that we need to
look closely at what Paragon has been paying us. The cities
of Kirby, Live Oak, Converse and Schertz have been
discussing the possibility of using a consultant to do a
review of the current contracts and determine if Paragon has
complied with our current provisions. If so, that will give
us one slant on negotiations or if not, it should be
resolved before we do any more negotiations. We identified
two companies who are each willing to conduct a review of
the franchise payments, company's records and a review data
on a basically contingency basis. That is, if they find
fees that are due us, they would be paid on the basis of
whatever they recover. If they do not find any fees due us,
they are not due any payment. This appears to us to be the
best payment. There are some other companies that proposed
to do a quick review; but as a part of their overall advice
to us as to how to renegotiate a franchise, they would have
a series of charges.
Mr. Sweatt went on to say, we have set up a meeting the
next week to finish going through the credentials of these
two companies that propose to do this on a continGency
basis. At this stage, Mr. Sweatt said he was only asking
for an agreement in concept - not necessarily as to who
would be used. If it would involve contracting for dollars.
of course he would go back to Council for approval. The
fees for recovery would range from 15% to 30% - that is one
thing the cities are negotiating right now.
Mr. Baldwin said it would seem to him that the intention to
hire a consultant would be to have them look at the
franchise and see if it was fair and equitable and if we are
getting the correct franchise fee and they are abiding by
the franchise terms. He asked if these firms would be doing
this too.
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Mr. Sweatt said these two companies would be basically
reviewing Paragon's records and look at their receipts and
income to see if they complied with the current provisions
of our franchise ordinance. They are also capable of
advising us about renegotiating for a set fee; however he
said we do not feel this is quite the time to do that.
First we want to see if Paragon has been fair with us. If
they have been, then we are free to negotiate with this
company at negotiated fees or go to another consultant.
Mr. Greenwald said we are talking about two steps - first
find out if they have been fair with us and then that would
point to the direction we should go.
In accordance with our contract with Paragon, we have
preserved our position, because under the then existing
cable regulatory act we had to take certain steps in this
window of time. So we are now in the position of not having
the franchise automatically renewed - they have to come to
us and negotiate.
Mr. Baldwin said he did not have any problems with
recovering a lost fee, but he said he was more interested in
having an expert look at the franchise agreement to be sure
we have as much opportunity to deal with Paragon as they do
with us.
Mr. Sweatt said we felt it was not to our advantage to
contract for large dollars until we find out what Paragon
has done in the past.
After further discussion, Council consensus was to go with
the consultant on the percentage fee concept for recovering
any fees that might be due the City.
#6 CITY MANAGER'S REPORT: A. He circulated a color
chart so that Council might select colors for the outside of
the Animal Shelter Building. Consensus was to use the Light
Stone and Burnish Slate. Mr. Sweatt then suggested a
Ground Breaking for October 24th at 8:30 am.
B. We have already had the consensus on bond sales and now
we would like to put on the next action agenda a resolution
regarding the sale of bonds.
C. Work on Doerr Lane, which is our alternate Urban Systems
project, is under way and we have had nothing but problems
out there.
D. He had copies of the resolutions presented at TML
Conference in Houston. Three of those were thrown out.
E. Just a reminder that next month is when the Mayor Pro
Tern will rotate to Mrs. Marsh.
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#7 ITEMS BY COUNCIL: Mrs. Marsh had a reminder of
the Fish Fry on Saturday, sponsored by all veteran groups,
at 5:00 p.m. at the Schertz VFW Hall.
Mr. Potempa called attention to the report by Mr.
on the street lights in Mobile Villa, saying that he
go along with Mr. Sweatt's recommendation.
Sweatt
would
Mr. Baldwin reminded everyone of the dedication ceremonies
for the new wing of the high school at 6: 15 p.m. the
following night.
Mr. Greenwald: A. He said, due to a death and resignation
from the Planning & Zoning Commission, they did not have a
quorum to vote on reapPointing members. Mr. Greenwald said
that Council can make appointments and all three of the
members with terms up are willing to serve another term.
These are George Vick, Merwin Willman and Keith Van Dine.
At P&Z's next meeting, they will start interviewing ne~v
members.
B. He and Mr. Sweatt met with Judge Sagebiel, Mr.
Davenport and John Bierschwale regarding the Edwards Plan
and the big concern is what the District Judge is going to
decide on the 16th of November. We have no idea what his
decision will be - he could turn it back over to the Texas
Water Commission, throw it out, start a separate district or
give it to Edwards. The thing is that most of Guadalupe
County is not a part of the Edwards and even though the City
of Schertz has some land in the district. we have never been
considered a part of the District. They passed House Bill
2161 during the last legiSlature that in effect. only
affects us as we are the only transporters. We and Green
Valley Water Supply are the only transporters and we feel we
are being discriminated against. The law suit of the GBRA
and Sierra Club is set to go to trial on the 16th of
November and is on pumping limitations for everybody who
pumps from the aqUifer. What was discussed is pre-filing a
bill that would abolish water transport limitations, look at
establishing another authority and include us as part of the
water district. Judge Sagebiel has tentatively agreed that
he will be the spokesman for all of us. We need to pass a
resolution in support of this to start the legiSlative
process. He said that Edmund Kuempel has already said that
he will back whatever we want as a group, that would include
Schertz, Cibolo, Marion and Green Valley.
Mr. Sweatt said what Judge Sagebiel is suggesting is each
of the entities consider adopting a resolution outlining
some or all of the steps listed in the Legislative Goals.
Saying let us look toward a pre-file bill with the
Legislature that would at least start toward creating a
Chapter 52 District and get rid of the transport limitation.
The only way we have a chance is if we get together and do
it as a concerted effort. We do not see that Seguin has the
same interest that we do.
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After further discussion. Council consensus was to go
forward with the resolution as suggested.
C. He asked if there was an update
Financing for Schertz Parkway. Mr.
now but he would get back on that
completed.
on the Tax Increment
Sweatt said not right
now that budget is
#8 ITEMS BY MAYOR: Mayor Pro Tem Stanhope said a
thank you was received from the family of Lloyd Opperman.
B. She handed out copies of an article to be included in
our newsletter and asked for any comments or suggestions be
given to her before the next meeting.
C. Announced the Cibolofest the next Saturday at the park
in Cibolo.
#9 ADJOURNMENT: There being no further business, Mrs.
Stanhope adjourned the meeting at 8:43 pm.
ATTEST:
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Mayor Pro Tern, iity of S7/2
Schertz