cc spec session 09-23-1998
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SPECIAL CALLED COUNCIL SESSION
SEPTEMBER 23, 1998
The Schertz City Council convened in a Special Called Session on Wednesday,
September 23, 1998 at 7:00 p.m. in the Council Chambers of the Municipal
Complex, 1400 Schertz Parkway, Schertz, Texas. Those present were as
follows: Mayor Hal Baldwin, presiding; Councilmembers Pia Jarman; Joe
Potempa; Norman W. Agee, Sr.; Timothy Swinney and Ken Greenwald. Staff
present were Asst. City Manager Steve Simonson and City Secretary Norma
Althouse.
#1 WATER RIGHTS: Consider and take action regarding lease of water
pumping rights.
City Manager Kerry Sweatt was on vacation and Asst. City Manager Steve
Simonson filled in during his absence. Mr. Simonson referred to a memo in
Council's packets from Mr. Sweatt in which he stated there are a number of
unknowns on the issue: (1) what penalties will be invoked for any limit violations,
(2) what other opportunities may be developed with SAWS, and (3) other
available short-term resources. In his memo, Mr. Sweatt stated the City has an
opportunity to "tie-up" at least 208 acre feet from the Scheel family trust and he
feels it is a good investment. While it will not meet our projected shortfall based
. on current usage for the years ahead, it is certainly a good beginning.
John Bierschwale, Public Works Director, was present and provided Council with
information on population and water use projections and on the amount of water
permitted to be pumped from the Edwards Aquifer. Mr. Bierschwale stated that,
based on his calculations, the City would be 307.41 feet over the allocated
amount of water at the end of this year. He is recommending the City purchase a
minimum of 400 acre feet and consider adding 200 acre feet for a grand total of
600 acre feet of water.
Mayor Baldwin verified that an additional 400 acre feet will cover the 307.41 feet
deficit if the current amount permitted by the Edwards stands and Mr.
Bierschwale said that's correct. Mr. Bierschwale then pointed out the additional
200 acre feet from the Scheel family will not be available until the year 2000.
The City needs 600 acre feet to carry it to the year 2000 and after that will have
to make up an extra 1,000 acre feet because the amount the City will be able to
pump from the Edwards will be cut.
Mr. Potempa asked what about buying from Mr. Harden and Mr. Bierschwale
replied Mr. Harden doesn't have any water to sell. Mr. Greenwald referred to the
availability of an additional 1,000 acre feet that could be purchased through
CRWA. It is river water and would have to be treated, but it is available. Mr.
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Bierschwale emphasized you have to be careful because the Edwards has rules
about the purchase of raw water.
Mr. Potempa inquired about the time frame on the Carrizo Springs project and
Mayor Baldwin answered he thinks that's several years away. Mr. Greenwald
reported that the first two wells proved to be very successful.
There was discussion about the unknown amount of fees that will be charged by
the Edwards and Mr. Potempa observed someone is getting rich. Mr. Greenwald
noted the fines are intended to keep entities from over pumping. Mr. Potempa
asked Mr. Greenwald if he thought the Edwards will ever run out of water and Mr.
Greenwald replied he doesn't know, but the level of bad water will rise. Mr.
Greenwald added that the Aquifer Authority for the Carrizo has very good rules.
They are looking at a 50-year supply of water.
Mayor Baldwin stated they need to take action tonight on the buying of 208 acre
feet from the Scheel family trust. Mr. Bierschwale stressed he would like to see
them stay at a maximum of $85 per acre feet and pointed out they are leasing,
not buying. When Mayor Baldwin asked why they're leasing and not buying, Mr.
Bierschwale explained they are setting a market value. Mayor Baldwin then said
he'd like to make sure they're not tying the City's hands.
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Mr. Greenwald moved to authorize City staff to procure at least 600 acre feet of
water, not to exceed $100 per year per acre feet, for a period of 3 years. Mr.
Potempa seconded the motion. Mr. Swinney suggested amending the motion
from a period of three years to a period of five years. Mr. Greenwald was
agreeable to that and amended his original motion. Mr. Potempa also agreed
and seconded the amended motion.
Before the vote, Mayor Baldwin asked Mr. Bierschwale if he is the one dealing
with the Scheel family and was told no, Mr. Sweatt is dealing with them. Mayor
Baldwin then asked if the Scheel family would consider selling their water rights
and Mr. Bierschwale replied we can always ask.
At this time the vote was taken and the motion carried as follows:
AYES: Councilmembers Jarman, Potempa, Agee, Swinney and Greenwald.
NAYS: None.
After the vote, Mr. Bierschwale told Council that San Antonio rescinded Stage 1
Water Conservation today and he suggests the City do the same. He also
suggests there not be any landscape watering after 10:a.m. or before 8:00 p.m.
so we're not watering in the heat of the day. Council agreed that was a good
idea and Mayor Baldwin thanked Mr. Bierschwale for his time.
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