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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. 8 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. 9 #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. 10 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: /f?J ~~ ~ / -------~ . . .' - ~ L-::;;><-- ~A-/-<LlJ-q~__"a/ ;~~ Mayor Pro Tern, iity of S7/2 Schertz