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ccswks 03-31-1993 122 SPECIAL MEETING OF THE CITY COUNCIL MARCH 3 1, 1993 The Schertz City Council convened in Special Workshop Session Wednesday, March 31, 1993 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, presidingj Barbara Stanhope; Mary Marsh and Ken Greenwald. Absent: Joe Potempa and Hal Baldwin. Staff present were City Manager Kerry R. Sweatt and City Secretary June Krause. #1 HEARING OF RESIDENTS: Mr. Bill Moore, President of BVYA wanted to invite everyone to the Opening Ceremonies of BVYA Baseball/Softball Season on Saturday April 3, 1993 at 9:00 a.m. He said they would like to introduce the Mayor, Council, Police Chief and Fire Chief and are trying to get the County Commissioner people to come so that they could see just what facilities and activities we have here. He mentioned the new roof and other repairs that have been made to the facilities. Mr. Moore said that to give an idea of how BVYA is growing, last year they had 42 teams with 12 per team and this year they have over 56 teams with 13 on each team. He added that they have about 800 kids involved so far. This year they are merging with Marion and Tri City and expect many more to be involved next year. They have had many small businesses donating fences and red clay and other things. They hope to have donations for concrete to put in patios on either side of the concession stand. Mayor Sawyer said the City Council appreciates the good work being done by BVYA. #2 Discussion of a request by the Adolph Schertz Scouting Association for permission to sublease the Schertz Scout Hut. Mayor Sawyer recognized Harvey Balcer of the Scouting Association. Mr. Sweatt called attention to letters addressed to him and the City Council from Barbara McDaniel, President of the Adolph Schertz Scouting Association, with reference to this. He said that several weeks ago it was called to our attention that they had subleased the Scout Hut to the Church of the Harvest for services. He added that the City has a fifty year lease for use of the property at that location. There is a condition in the lease that the property not be subleased without permission of the City Council. We made contact with representatives of the Association and they have in turn written for permission to sublease. Their basic request is for permission for them to sublease to this church for a short period of time. They will be using the building on Sundays and Wednesdays with the stipulation that no church service will be conducted -'" L~ ': _ _ /J ~ -' where it will infringe on the. time Deeded for any Scouting organization use. Mr. Sweatt then listed some of the improvements the church has made to the property, such as carpeting the main meeting room, several doors have been changed to lend more security to the building. Mr. Harvey Balcer said he thought that just about covered everything. Mayor Sawyer said he had no objection to the sublease; but we do not want to get into anything that would create a conflict between church and state. He felt this was entered into in innocence; but said he would like Council to be informed before any action was contemplated in the future. Mr. Balcer said it was because of this agreement that they were able to do some major repairs to the building. Their intention all along is that any scouting function comes first. Mayor Sawyer asked Council if they would go along with this sublease. Mrs. Marsh suggested the Scouting Association get a written agreement with the church rather than the present verbal. With that stipulation, Council agreed to the sublease. #3 Discussion of Board of Adjustment hearings: A. A request by Southwestern Bell Mobile System, Inc. for a SpeCific Use Permit allowing them to place a cellular telephone tower approximately 250 feet north of the intersection of IH-35 and FM 2252 on the east side of IH-35. Mr. Sweatt referred to the recommendation from Planning & Zoning, in which they state this tower would not be in a flight pattern, nor near power lines, nor interfere with any of our lines. They recommend this be scheduled for public hearing, which we have set for April 6, 1993. B. A request by Arthur Bartlett for a Specific Use Permit allowing him to utilize five acres at 18701 IH-35 as a holding area for cars purchased and in the process of being prepared for sale. Mr. Sweatt said that Mr. Bartlett's used car lot is adjacent to this location and it consists mainly of older "classic" cars. He has agreed to put up a privacy fence around the property. As there was some question about the exact location of this five acre tract, Mr. Sweatt was asked to have the particulars as to location for the public hearing set for April 6, 1993. 124 #4 Discussion of a proposed franchise with KBL Cablesystem of the Southwest, Inc. dba Paragon Cable. Mr. Sweatt advised that as discussed at an earlier workshop, this is the result of meetings between the cities of Schertz, Converse, Kirby, Live Oak and Selma and representatives of Paragon Cable. He said the major points of the agreement are: (1) 15 year term from November 9, 1992 (establishes a common ending date for all jurisdictions)j (2) 5% franchise fee to all dollars attributable to Cablesystem; (3) formal performance evaluation on 5th, 9th and 13th yearSj (4) payment and quarterly report providing for technological and new additions with customer service request logs; (5) updated customer service standards; (6) city to benefit from all new technology and receive zero cost service connectionsj (7) provision for audio and visual emergency notification completed by December 31, 1995j (8) fiberoptics conversion completed by December 31, 1997; (9) equal treatment clause providing if any other franchisor located wholly or in part of Bexar County modifies or renews a franchise agreement providing increased benefits, the city may incorporate those into this franchise. Mr. Sweatt advised that we have scheduled a formal public hearing for this on April 6thj and the charter provides that we could have the first reading of the ordinance that same date then, the second and final reading during the month of May. Mrs. Marsh asked if the prices are subject to change. Mr. T.J. Connolly said that, effective the next day, their lowest tier of service will be regulated by the cities. There is a provision in Section 17 of the franchise that speaks to all future regulations that might apply; meaning that whatever happens tomorrow, the City is fully protected. He said there are no plans for a 1993 rate increase. Mr. Connolly said that although the franchise says they will have fiberoptics in Schertz by 1997, they believe it will be much sooner. He did add that they did not know where the rates would be going over the length of the contract. He said the basic service rate is about as high as it can go; they could add channels but that is about it. Mr. Greenwald asked about the provision that says must be 25 dwellings per square mile for service and that would affect the Schirmerville area. He added because of the AICUZ zone, that will never meet provisions. there how that these Mr. Connolly said that is an ideal area for the wireless company to go in. He did say that they would have staff go out and run some figures on that and perhaps it could be run through Randolph Air Force Base rather than from Schertz. :25 Mr. Sweatt reminded that this item is scheduled for Public Hearing on April 6, 1993 with the final reading of the ordinance on about May 18th. Mr. Connolly said he would be making a first presentation to Converse the following week so his assistant, Susan Williams, would stand in for him at the public hearing. #5 Discussion of Reinvestment Zone Ordinance and draft of Tax Incremental Financing Agreements. Mayor Sawyer reminded Council they had been over this many times. Mr. Sweatt advised that a public hearing had been held and are now suggesting this ordinance be considered. He said staff would like to hear any comments from Council. He said it is staff's plan to take this ordinance and agreement to the other two entities (SCUC Independent School District and Guadalupe County Commissioners) to see if they have any comments. After that, it would be brought back to Council. Council commented that it looked good to them and it had been through our attorney, so go forward with the plan. #6 Discussion of appointments to the Canyon Regional Water Authority Governing Body and Board of Managers. Mr. Sweatt reminded that at the last budget session, Council budgeted for membership in the Canyon Regional Water Authority. He said that in the long run, our water needs must be met by other than the Edwards. Staff has been working on a contract with the CRWA organization. Due to the City Attorney being in the hospital, we have had to delay this for the time being. CRWA would like for the Council to designate and appoint members to both the Board and Governing Body so they would have this information for their annual meeting. He said we see no problem with doing that. Our representative to the Board of Managers has been Mr. John Bierschwale. We could have two appointees to the Governing Body. Mayor Sawyer suggested appointing John Bierschwale and Ken Greenwald. If Mr. Greenwald can not make it, then appoint Mr. Willman. Since Council agreed, this item will be on the next agenda for action. #7 Discussion of Economic Development Task Force recommendations regarding reorganization. Mr. Sweatt said that this organization was accomplish a clearly defined set of objectives. They now believe these goals have been met. We now have staff that deals commenced to organizational and objectives with day to day 126 conditions. The original group did a superb job in completing the task set forth. They produced an excellent video, a brochure and a Community Profile. They were also able to provide a sense of direction and focus for economic development. They did the research, made the contacts and generally created the momentum for a viable Economic Development Program for the City. The Task Force has suggested that we undertake internal study as to how it best could be restructured. Mrs. Marsh, Council Liaison to the Task Force, suggested they need a new focus and long range planning. There are some programs that are on-going. She said they would ask Council to approve going forward with the study to come up with a new document. She indicated that Mr. Marquez would work it out and she did not think the Task Force should be disbanded. Mr. Sweatt agreed that we do still need this group for tax abatement and things like that. Mayor Sawyer received consensus of Council to place this on the next agenda for action. #8 Discussion of landscaping and status of animal shelter improvements. Mr. Sweatt said the Humane Society has gathered funds to assist in the improvements to the animal shelter, with our immediate needs being for landscaping. He mentioned that Robbie Ralls of the Humane Society and others have gone over the plans and have develop a long list of items to be purchased. He added that they have made some very good suggestions. Mr. Daniel Bratcher of Gardens of the World and also a member of the Humane Society listed the number and types of trees and shrubs they were recommending. Their recommendations go along with the zeroscrape concept or at the least low maintenance costs. He said they are concentrating on the front of the building right now since this is a new building and they know the budget is tight. Mrs. plan, expert; Stanhope and Mrs. Marsh both agreed it was a with Mrs. Marsh adding that Mr. Bratcher is however, the Council does like to be informed. good the Mr. Sweatt advised we completion, when we can third or fourth week in going to be well pleased are anticipating mid May move in and have the opening by May. He said he felt everyone with the facility. for the was A 1:'. ~~ #9 CITY MANAGER'S REPORT: A. There will be a Opening of the Sandwich Gardens on First Street at a . m . Ap r ill I 1 9 9 3 . Grand 11:00 B. We are soliciting drivers and chaperons for go to the various parades. We need an employee the governing body to drive the vehicle. He several dates that are open. our float to or member of then listed #10 ITEMS BY COUNCIL Mr~L~_____l1g.XS::I1: A. The Schertz Business Club met with a fairly decent crowd present. They spent most of the time discussing the July 4th Jubilee, mentioning they now have about $900 toward the fireworks. They also have their raffle tickets at three for $1.00, which will help with the fireworks and the scholarship. She ended by saying they need items for the silent auction they will have at the Jamboree the third week in May. B. She felt it time to revisit recycling. She said Universal City has a good program that is working well. She said she is constantly being approached recycling. It is time we get down to business. recommended the Task Force take the lead on this and something back to Council in about one month. that quite about She get Mr. Sweatt said he did not disagree but right now the problem is getting rid of it. We are hoping there are some alternatives and are pursuing some grant to help with this. #11 ITEMS BY MAYOR: A. Mr. Baldwin is going to be our liaison with the Humane Society. B. He urged everyone to make it down to the BVYA opening on Saturday. C. The signage $4200. Richard family will be paying for the highway name change for Roy Richard Drive, in the amount of D. SAFES has their jamboree and dance from 3:00 to 7:00 p.m. on Sunday - everyone is welcome. E. Mayor Sawyer asked the City Manager for a synopsis of where recycling is going and how the program in Universal City is working. Mrs. March mentioned that on the weekends, there are a lot of illegal garage sale signs allover. 128 #12 ADJOURNMENT: There being no further meeting was declared adjourned at 8:35 Sawyer. business, the p.m. by Mayor ATTEST: h _I' ~/)~L {L--- ~ MaY~ity of SChert~TX secretilf~~~~~tz ~- c