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ccswks 01-02-1992 , ~ ~ 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. 'i8 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 I i I I --~ ~. 1M 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. 80 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 I I I _J 81 #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: