ccswks 01-02-1992
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SPECIAL MEETING OF THE CITY COUNCIL
JANUARY 2, 1992
The Schertz City Council convened in Special Workshop
Session, Wednesday, January 2, 1992 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, presidingi Joe Potempa:
Mary Marsh and Ken Greenwald. Absent: Hal Baldwin and
Barbara Stanhope. Staff present were City Manager Kerry
Sweatt and City Secretary June Krause.
#1 HEARING OF RESIDENTS: None
#2 Consider and take action regarding Planning &
Zoning Commission recommendations pertaining to Schertz
Modular Home Park "Pecan Grove Mobile Home Park".
Mr. Sweatt advised that Planning & Zoning has forwarded
their recommendation along with copy of resolution of
non-compliance dated 1986, a copy of memo to Mr. odo Riedel
dated December 20, 1991 reqarding the items of
non-compliance, and a copy of a memo to Council concerning
the specific corrections which need to be completed by Mr.
Riedel to bring the proposed RV park into compliance. He
went on to say that our understanding is that the area in
question is to be replatted, and if that occurred and the
other items in the P&Z recommendations were done, the
recommendation would be forwarded to Council to revoke the
resolution stopping action in this area.
Mr. Sweatt said copies of these documents were furnished to
Mr. Riedel and if he was still in agreement, he would let
us know but we have not heard from him as yet.
Mr. Riedel said he was not in agreement. He referred to
the item about RV Drive. Mr. Sweatt said P&Z recommended
that the entire area that includes RV Drive as well as the
other area that was constructed be replatted to conform with
the as-built situation. He reminded Mr. Riedel that in the
discussion that included Mr. Simonson, it was agreed that
if it was not Mr. Riedel's intention to develop RV Drive,
it would not be necessary to replat at this time. All that
would be necessary to be replatted would be the area further
up the hill that he proposes to use now.
Mr. Riedel then referred to the alarm system and asked Mr.
Sweatt to explain. Mr. Sweatt said the Planning & Zoning
Commission asked that an emergency flood control warning
system be established and that it could be accomplished with
an emergency evacuation plan, evacuation route signs
coordinated with the Emergency Management Coordinator.
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Mr. Chris H. Negem introduced himself as an attorney from
San Antonio, saying he was present with Mr. Riedel just to
make sure he and Mr. Riedel understand on the warning
system. He asked if the Council had something in mind for
this system or some criteria to follow for the system.
Mr. Sweatt again read the requirements for them, adding
that the Emergency Management Coordinator was the Fire Chief
in our city. Mr. Negem said it sounded rather simple to
him.
Mrs. Marsh said it could be something very simple - a one
page handout - that could be given to anyone who took their
RV in there. Then have a couple of signs at the entrances
and some further in the area.
Mr. Riedel said what was being touched on are just minor
things that are wrong in the park. The big thing is that
someone in the past did not follow through with it and let
the owner move trailers in and use the lift stations without
shutting him down. Then when a person bought the property
through bankruptcy no one came to him to discuss these
things. He said he had already made some good strides
toward making it a nice park. He mentioned that there is a
manhole running over that he will have to correct. Mr.
Riedel said if Council agrees with this and he would not be
harassed, it would be okay. He felt he had done a lot for
the city and if the Councilor city had a problem, they
could go to him and it could be worked out.
Mr. Negem said they were willing to work with the City in
any way possible to clear this up.
Mrs. Marsh said the City is trying also to work with them.
She said we are dealing with a property in which the owner,
Mr. Parker, did things that were not approved by anyone,
which caused all these problems and makes it have to be
replatted. She reminded that the last owner, Mr. Decker,
was not gOing to use the area but was gOing to give it to
the City as parkland.
Mr. Riedel said he was not his brother's keeper - if Parker
did it wrong someone should have stopped him. When he
bought the property, he did not see that anything was wrong.
He added that if this is the way it should be done, he had
no problems with that. He did say that he had purchased
permits back in June and he thought they had run out.
Mr. Potempa and Mrs. Marsh both said that since he had
been working in the area, he could renew the permits.
Mr.
time
need.
days.
Potempa said Mr. Riedel indicated that he needed more
to look into things and asked him how much time he did
Attorney Negem said they would need about thirty
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Mayor Sawyer requested Mr. Riedel meet with staff and work
everything out.
#3 Discussion of a resolution reqarding transfer of
easement from City to McKinney Homes.
Mr. Sweatt advised that this resolution concerns the house
on Drayton in Savannah Square Subdivision.
Mayor Sawyer said that Council's concern was whether this
would increase the amount of water flow. Mr. Sweatt said
they are going to construct the house. The water easement
in the proposed transfer is of no use to the City, we
acquired it as part of the platting process. Wherever the
house is built on the lot, it will create additional runoff.
Mayor Sawyer then
difference, then
easement. Mrs.
agreed.
said that if it was not gOing to make any
the City might as well give them the
Marsh, Mr. Potempa and Mr. Greenwald
#4 Discuss possible action regarding Texas Department
of Health proposed landfill rules.
Mr. Sweatt advised that TML has asked every member to send
a letter to Texas Department of Health and legislators
urging that the TDH rules of November 12 be withdrawn and
that the drafting of the new rules begin after March 1,
1992. He had enclosed a draft of a proposed letter over the
Mayor's signature.
Mr. Greenwald suggested that a copy of the letter also be
sent to our neighboring cities asking them to do the same
thing.
#5 Discuss Excel Communications' request for cable
franchise.
Mr. Sweatt introduced Kevin Dawson, Vice
President/Marketing - who in turn introduced their President
Mr. Jeff Gangwer: Jeff Martin and Mr. Miller, who
handles engineering and surveys.
Mr. Gangwer advised they were present to answer any
questions Council might have. He handed out packets
including their formal application for a franchise to
compete with Paragon Cable. He said it was their intention
to build a metrocom system with their business office in the
area. He said they are excited about their proposal and
have met several times with Mr. Sweatt working out the
details of the franchise aqreement.
Mr. Sweatt said that Excel representatives have met several
times with the Metrocom City Managers. They originally met
with San Antonio, who turned them down; but they now want
to discuss franchises with each city in the metrocom area.
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He added that this will guarantee that we are not dependent
on San Antonio. The company has furnished data concerning
their financial resources and have stated there is no
proposed change in rates until at least July of 1993. They
also discussed with Mr. Dawson the issue that if
construction does not occur within a certain amount of time,
the franchise would be considered for voiding.
Answering questions, Mr. Gangwer stated their fibre optics
system would be the best available, with room for all types
of expansion in the future. He also said that the system
would be underground where the lines are now underground and
overhead in the like areas. They said they would guarantee
that they would leave the area as good as it was or better,
because if they tear up a street and do not repair it as it
was, the people will not want to take their service.
Mayor Sawyer asked for and received concurrence of Council
Members agreeing with the proposed franchise.
Mr. Sweatt then set out the time-table for this process as
follows: proposed at this workshop, first reading of
franchise ordinance at the next regular meetingi public
hearing and final consideration at the regular meeting of
February 18th. It is a requirement that the franchise
ordinance must be published twice in a local newspaper but
the cost will be borne by Excel.
Mr. Dawson said Mr.
in their discussion
months.
Sweatt's suggestions were invaluable
- they had a very productive 2-1/2
#6 Discuss Economic Development Task Force
recommendation regarding continuation of Tax Abatement
Program.
Mr. Sweatt advised that the EDTF has plans to make
adjustments to the program but are not sure exactly what
they are right now. Until there is a refinement, they feel
it is best to continue with what we have. If Council
agrees, he said the ordinance would be on the next agenda.
Council agreed to have it on the next agenda.
#7 Discuss Mayor's appointments to Schertz Housing
Authority Board.
Mayor Sawyer said there are three people on the Board
have agreed to serve another term - Sharon Fruge,
Esquivel and Warren Klebig. He added that if no one
objection, he would like to reappoint these people.
were no objections.
that
Eloy
had an
There
#8 CITY MANAGER'S REPORT - None
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#9 ITEMS BY COUNCIL
Mrs. Marsh - Had tickets for the dinner/dance for the trail
riders. The Business Club has been doing this for years but
this year they are going all out.
Mr. Greenwald
concerning the
mess.
- A. referred to an Express/News
Sierra Club lawsuit, saying it is
article
a real
B. BVYA will be having their opening ceremonies Saturday,
January 4th at 10:00 am.
#10 ITEMS BY MAYOR: Said he had asked Mr. Sweatt
about puttinq lane markings at the top of the hill from the
low-water crossing. If it can be done, it would alleviate
some of the traffic backup.
Mr. Greenwald suggested notifying the Southern Pacific
Railroad Company that one of the pilings is washed out under
the bridge.
#11 ADJOURNMENT: There being no further business,
Mayor Sawyer declared the meeting adjourned at 8:37 pm.
ATTEST: