ccspecwksp 07-01-1998
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CITY COUNCIL SPECIAL WORKSHOP SESSION
JULY 1,1998
The Schertz City Council convened in Special Workshop Session on
Wednesday, July 1, 1998 at 7:00 p.m. in the Conference Room of the Municipal
Complex, 1400 Schertz Parkway, Schertz, Texas. The following members were
present: Mayor Hal Baldwin, presiding; Councilmembers Pia Jarman; Joe
Potempa; Timothy Swinney and Ken Greenwald. Absent: Councilmember
Norman Agee, Sr. Staff present were City Manager Kerry Sweatt and City
Secretary Norma Althouse.
#1 HEARING OF RESIDENTS
Several members of GUADCO MUD #1 and GUADCO MUD #2 were at the
meeting. Johnny Miller from MUD #1 commented they appreciate Schertz taking
over the management of their water billing. The next step is to get annexed by
Schertz. Mayor Baldwin promised they will look into it. The Mayor then asked if
Tony Cortes is gone and Mr. Miller replied yes he is.
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John Bierschwale, Public Works Director, stated his crew is available on an
emergency basis. He also noted it may take as long as 30 days to get the
records in order. They need to get Tony Cortes to release the information to
them. There will probably be a partial billing at first until they can get into a
regular billing cycle.
Mr. Miller asked how they go about obtaining the records and Dick Reeves
indicated a call from Attorney Ron Flake persuaded Mr. Cortes to turn over the
records for MUD #2. Mr. Sweatt commented the City of Schertz's Attorney,
Michael Spain, will be available to help in the interim.
Frank Judson of MUD #2 stressed how well satisfied they are with Schertz's
management. Mr. Miller thanked the Council for their time.
#2 Discuss final reading of ordinance rezoning 20.54 acres out of
Guadalupe County from General Business (GB) to Single-Family
Residential Dwelling District (R-2). (M.W. Cude Engineers/ABG
Investments)
After being asked by Mayor Baldwin, Council expressed their readiness for this
item to be included on next Tuesday night's agenda. Mr. Sweatt reminded
Council this development will extend Woodland Oaks drive all the way out to
Schertz Parkway.
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#3 Discuss final reading of ordinance regarding traffic controls on Green
Valley Road and Greenshire Drive.
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. Council indicated they were prepared for this item to be included on next
Tuesday night's agenda.
#4 Discuss final reading of ordinance reflecting change of name from
Security Capital Trust to ProLogis Trust.
Council was set for this item to be included on next Tuesday night's agenda.
#5 Discuss final reading of ordinance reflecting change of name from
Ramada Inn, Ltd. to Atrium Inn.
Council felt informed enough to have this item included on next Tuesday night's
agenda.
#6 RESOLUTION: Consider and take action on Resolution extending the
GVEC Franchise Agreement to the earlier of September 30, 1998 or the effective
date of the new Franchise Ordinance.
Mr. Sweatt advised this item is on the agenda for action tonight. Mr. Swinney
asked if the GVEC Board had been briefed and Mr. Sweatt replied not officially.
They won't meet again until the end of July.
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Mr. Swinney then asked if the Franchise Agreement will be finished by the end of
July and Mr. Sweatt replied it will not. It is projected to be completed by
September 18th and this Resolution will cover the City until that time.
Mayor Baldwin introduced a Resolution and read the caption as follows:
RESOLUTION NO. 98-R-7
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, AUTHORIZING
EXTENSION OF THE CURRENT GUADALUPE VALLEY ELECTRIC
COOPERATIVE (GVEC) FRANCHISE AGREEMENT, ORDINANCE NO. 276,
TO THE EARLIER OF SEPTEMBER 30,1998 OR THE EFFECTIVE DATE OF
THE NEW FRANCHISE AGREEMENT.
Mr. Swinney moved to approve the Resolution extehding the GVEC Franchise
Agreement to the earlier of September 30, 1998 or the effective date of the new
Franchise Ordinance. Mr. Greenwald seconded the motion, which carried with
the following votes:
AYES: Councilmembers Jarman, Potempa, Swinney and Greenwald.
NAYS: None.
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#7 Discuss Franchise and Street Lighting Agreement with GVEC.
Mr. Sweatt deferred to John Moore and Michael Spain for this discussion. Mr.
Moore related both the representatives of the City and of GVEC worked hard to
achieve these goals. He feels there is a favorable relationship between the two
entities.
Mr. Spain stated the Franchise and Street Lighting Agreement Ordinance will be
presented at two (2) separate regular meetings of the Council and shall not be
passed until thirty (30) days after the first reading. The Ordinance shall not take
effect until thirty (30) days after its passage. During that thirty (30) day period it
shall be published, in its entirety, once each week for two consecutive weeks at
the expense of GVEC.
Mr. Sweatt thanked John Moore and Michael Spain for an outstanding job on this
franchise and agreement.
#8 Discuss public hearing on a request from the City of Schertz to rezone
two parcels of land, 5.290 acres and 5.674 acres adjacent to City offices on
Schertz Parkway, from Single-Family Residential District (R-1) to Public
Use District (PUB).
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This is the land where the new emergency services buildings will be located and
Council agreed they were ready for this item to be placed on next Tuesday
night's agenda.
#9 AGREEMENT: Consider and take action on agreement with Crockett
Camp for water study.
Mr. Sweatt reminded Council there is a proposed agreement in their packets. It
agrees to specific items and the payment is estimated at $248,050 to accomplish
the needed studies for the Carrizo Aquifer investigation. Also in their packets is a
copy of an Interlocal Agreement with the City of Seguin which would provide that
they pay half the cost of the study. He, John Bierschwale and Ken Greenwald
have begun negotiations with the City of Seguin. This item is on the agenda for
action tonight.
Mr. Potempa asked if anything has been signed yet. Mr. Sweatt replied it has
not.
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Mr. Swinney emphasized he was absolutely flabbergasted by the Fee Schedule.
Mr. Sweatt informed him the fees include all the fringe benefits. Mayor Baldwin
mentioned these are the rates for Crockett Camp's company. Mr. Greenwald
pointed out the City does not have a draftsman on staff, so if we use one for only
two hours, then we only pay for two hours.
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Mr. Swinney then wondered if we asked them to revise the Fee Schedule, would
they reduce the fees. Mr. Sweatt answered they would not. Mr. Greenwald
stated most of these fees are based on similar studies the firm has done. Mayor
Baldwin observed the bottom line is whether or not Crockett Camp and his
professionals are worth this kind of money.
Mr. Greenwald commented if we go into Stage III, there is not enough water in
the Edwards to supply the existing customers. Mr. Sweatt remarked we need to
look ahead for the next 50 years. Mayor Baldwin added it was a stroke of luck to
find out that the City of Seguin was interested in participating.
There was a fairly lengthy discussion on the Fee Schedule. One of the many
things Mr. Swinney did not like was the interest rate on late payments.
Mr. Greenwald moved to approve the agreement with Crockett Camp for a water
study in the amount of $248,050.
Mr. Sweatt explained that Mr. Camp will bill us and we will bill the City of Seguin.
Mr. Swinney was concerned about what may happen if Seguin doesn't approve
the agreement. Mr. Sweatt stated everything in the study has to be done if only
one, two, or seven entities participate.
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There was discussion about getting a second opinion and about why we're not
bidding this study out. Mr. Sweatt felt the study could be delayed for a year if we
compare prices and then noted the State law prohibits bidding on professional
services. He further stated that in his opinion, this is the best firm to do the job.
Mr. Potempa asked if Council can get copies of the information gathered so far
by Crockett Camp and Mr. Sweatt answered yes they can. Mayor Baldwin
acknowledged they had all agreed that water is the main issue and they would
withstand the costs of finding another source of water.
At this time Mr. Potempa seconded the motion, which carried with the following
votes:
AYES: Councilmembers Jarman, Potempa and Greenwald.
NAYS: None.
ABSTENTIONS: Council member Swinney, saying the City is pleased with
Crockett Camp, they see the need for a water study, but he doesn't feel they
have enough data to understand the Fee Schedule and make an informed
decision.
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#10 INTERLOCAL AGREEMENT: Consider and take action on Interlocal
Agreement with City of Seguin regarding water study.
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Mr. Sweatt reminded Council they have a copy of the agreement in their packets.
It has been reviewed with the City Manager of the City of Seguin and he
approves of it. We will take action tonight and Seguin will take action next
Tuesday night.
Mr. Potempa asked what happens if Seguin doesn't go along with it. Mr. Sweatt
answered we can pull the plug at that time. There are not many things that won't
be done if Seguin doesn't participate. Mr. Greenwald assured Mr. Potempa that
three of Seguin's Council members are chomping at the bit ready to go. Mayor
Baldwin indicated he thinks we have the political support in Seguin for this study.
Mr. Sweatt commented this is the first time these two cities have worked together
on a project of this magnitude.
Mr. Swinney commented he would like to have the 45 day clause included in
Crockett Camp's agreement added to the Interlocal Agreement with Seguin. It
says invoices are payable upon receipt. Accounts unpaid more than 45 days
after the billing date are subject to 1.25% interest per month (15% annual rate)
from the invoice date. Mr. Sweatt agreed that could be done.
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Mr. Swinney moved to direct the City Manager to enter into an Interlocal
Agreement with the City of Seguin regarding paying 50% of a water study and
that the agreement be amended to add the 45 day clause as previously stated.
Mrs. Jarman seconded the motion, which carried with the following votes:
AYES: Councilmembers Jarman, Potempa, Swinney and Greenwald.
NAYS: None.
#11 Discuss Resolution regarding South Central Texas Regional Water
Planning Group.
Mayor Baldwin introduced a Resolution and read the caption as follows:
A RESOLUTION
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, REQUESTING
THE SOUTH CENTRAL REGIONAL WATER PLANNING GROUP TO
INCLUDE IN ITS SCOPE OF WORK THE WATER SUPPLY PLANNING WORK
OF THE COUNCILS OF THE CITY OF SCHERTZ AND THE CITY OF SEGUIN
AS POTENTIALLY FEASIBLE IN MEETING THE DROUGHT NEEDS OF
OTHER COMMUNITIES IN THE SOUTH CENTRAL TEXAS REGIONAL
WATER PLANNING REGION.
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Mr. Sweatt advised Council this will be on their agenda next week for action and
Council indicated they were prepared to take action next week.
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#12 Consider and take action setting public hearing date on a request
from Robert and Lattice Buckhanan for a Specific Use Permit allowing them
to operate a full-service family hair care center at 11629 Schaefer Road.
The City Secretary stated July 21 st would be the next best date to schedule a
public hearing on this request.
Mr. Greenwald moved to set a public hearing date for July 21 st on a request by
Robert and Lattice Buckhanan for a Specific Use Permit allowing them to operate
a full-service family hair care center at 11629 Schaefer Road. Mr. Swinney
seconded the motion, which carried with the following votes:
AYES: Councilmembers Jarman, Potempa, Swinney and Greenwald.
NAYS: None.
#13 Consider and take action setting public hearing date for consideration
of revisions to the UDC.
The City Secretary reiterated that July 21 st would be the next best date to
schedule a public hearing.
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Mr. Greenwald moved to set July 21 st at the public hearing date for consideration
of revisions to the UDC. Mr. Swinney seconded the motion, which carried with
the following votes:
AYES: Councilmembers Jarman, Potempa, Swinney and Greenwald.
NAYS: None.
#14 Discuss proposed revisions to Development Fees.
Mr. Sweatt advised Council they have a letter and a memo in their packets
outlining the proposed changes in Development Fees. It is believed these fees
are more realistic in reflecting the cost of handling the various requests. After
being asked by Mayor Baldwin, Council agreed they were ready for this item to
be placed on next Tuesday night's agenda for action.
#15 AGREEMENT: Consider and take action on proposed agreement with
Brooks Fiber Communications regarding use of right-of-way.
Mr. Sweatt informed Council the City has been asked to consider a limited use
agreement that would allow Brooks Fiber Communications to utilize City right-of-
way for the limited purpose of installing fiber optic cable.
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In as much as the company does not provide any type of telecommunication or
cable television services to any property within the boundaries of the City, a
standard franchise ordinance would not be appropriate. However, the company
has agreed to pay the sum of $500 annually for the right to use our right-of-way
and in the event their services would later be sold within the boundaries of the
City, they would solicit a franchise from the City for such purpose. Mr. Sweatt
went on to say other limitations on the operator would include those of other
public utilities operating in the right-of-way and be subject to removal if the
agreement were terminated, and to indemnify and hold the City harmless from
any liability damage or cost related to the activity thereof. The term of the
agreement is proposed for a five (5) year period.
Mr. Sweatt indicated they believe this agreement represents an acceptable
manner for allowing the use of our right-of-way for installing fiber optic cable. It is
recommended Council authorize the agreement.
Mr. Greenwald moved to approve the proposed agreement with Brooks Fiber
Communications regarding use of City right-of-way for a fee of $500 per year for
five (5) years. Mr. Swinney seconded the motion.
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Mr. Potempa asked what happens if they decide to install underground cable.
Mr. Sweatt answered they would have to get permission from the City. We don't
allow cutting of streets.
At this time the vote was taken and the motion carried as follows:
AYES: Councilmembers Jarman, Potempa, SWinney and Greenwald.
NAYS: None.
#16 CITY MANAGER'S REPORT
· Reported receiving a request from the Bureau of the Census asking the City
to form a committee of citizens to work with the Bureau.
#17 ITEMS BY COUNCIL
Mr. Greenwald:
. Informed everyone they are invited to a social gathering for the Texas State
Guard on July 26th in San Antonio. The dress code is casual.
. Noted there was an interesting article in Monday's Express-News about New
Braunfels annexing to cut off the City of San Antonio. The map was wrong.
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Mr. Potempa:
. Related he took his wife in Monday for chemotherapy. While he was there,
he visited Norman Agee. He looks bad, but is in good spirits. Mr. Sweatt
updated Council on Mr. Agee's situation. He is being transferred to a
rehabilitation center next to the hospital. He splintered his left knee and the
muscles in his right leg were traumatized from the seizure.
. Referred to the letter from the City Attorney and asked what the City wants
him to do about his position on the TIF Board. He was on the BOA and
resigned from that. This business upsets him. Mrs. Jarman said as far as the
BOA, it was advisable for him not to be on two legislative boards. Mr.
Potempa commented there are other elected officials on the TIF Board.
What's the difference between the TIF and the Schertz Economic
Development Corporation? Mr. Sweatt answered the law says a
Council person can serve on the Economic Development Corporation. Rachel
Drady, from the Herald Newspaper, asked if there's any way Mr. Potempa
could serve as an ex-officio to the TIF Board. Mr. Greenwald suggested Mr.
Sweatt get a specific definition of public office from Michael Spain. Mr.
Sweatt agreed to try and get that by the next workshop. It was agreed by the
Council they have no problem with Mr. Potempa serving as an ex-officio to
the TIF.
. . Announced he will not be at the 4th of July parade.
Mr. Swinney:
. Related that Paula Sherman, a 19 year old who belongs to his church, was
killed last weekend in an automobile accident. In the few hours she lived, she
went through 150 pints of blood. This is very costly and if anyone is
interested in helping the family with this cost, University Hospital is taking
blood donations.
. Stated he received $25 from HEB toward candy for the 4th of July parade.
Mayor Baldwin added he has other donations also.
. Referred to the newspaper article about the contest to win Nathalie's
Restaurant.
. Said he heard there was a twenty theater complex coming to Selma.
. Mentioned Norman Agee's situation and inquired if a Councilman who can't
attend the meetings can dial in on a speaker phone and vote. Mr. Sweatt
replied he will get an opinion from the City Attorney.
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