ccswks 04-09-1997
SPECIAL WORKSHOP SESSION OF THE CITY COUNCIL
APRIL 9, 1997
The Schertz City Council convened in Special Workshop
Session on Wednesday, April 9, 1997 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; Counci1members
Charles McDonald; Joe Potempa; Earl Sawyer; Timothy
Swinney and Ken Greenwald. Staff present were City Manager
Kerry Sweatt and City Secretary Norma Althouse.
#l HEARING OF RESIDENTS: James Harris of FM l5l8 and
Schaefer Road asked the status of the audit. Mr. Sweatt
explained the delay is due to a combination of delays by
the City's Finance Officer and the auditor. The auditor is
currently tied up with IRS business.
#2 Discuss cloud seeding program proposal.
Mr. Sweatt advised that after he received a memo dated
March l7, 1997 and then a subsequent phone call from Mr.
Dietz regarding the proposed creation of a Guadalupe County
Underground Water Conservation District, he asked County
Commissioner Wolverton to look into the matter.
The City earlier understood that S.B. l582 was not filed,
but now understands it has been filed by Senator Wentworth
and Mr. Ed Springs, representing Guadalupe County, is here
tonight to speak with City Council about some concerns that
the bill's impact may have on our customers. Commissioner
Wolverton is also present.
Mr. Springs explained he had not been here previously
because he didn't have Governor Bush's signature, but he
figured he needs to make the rounds explaining the need for
the proposed cloud seeding program.
Mr. Springs then gave a few reasons why he feels Guadalupe
County needs an Underground Water Conservation District:
(l) Guadalupe County is growing rapidly and they must have
funds to aid residents in the process of testing their
wells; (2) they need weather enhancement through a cloud
seeding process which will improve the contents of water in
the rivers and streams; (3) they need information on the
quantity of water used for commercial irrigation (4)
they need control of future development; and, (5) weather
enhancement will benefit farmers, ranchers and industries.
Mr. Springs went on to say it appears that for every $1.00
invested, you will get $25.00 to $50.00 back. In this area
of the County, the cost would probably be $45,000 to
$50,000.
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Mayor Baldwin, saying they're calling it an Underground
Water Conservation District, asked Mr. Springs to explain
the relationship between an Underground Water Conservation
District and a cloud seeding program. Mr. Springs pointed
out the only way they can have a cloud seeding program is
if they are an Underground Water Conservation District.
There was discussion about this being a duplication of the
EAA program and a question about why Schertz should pay
twice. Mr. Springs commented this would be an ongoing
program and the EAA will only fund for one year. Mr.
Springs then mentioned the most he can see it costing is
one cent in taxes or approximately $lO.OO per year for a
$lOO,OOO home.
Mr. Springs was questioned about insurance coverage and
Mr. Swinney wondered if this could be handled on a private
level. Mr. Swinney also wondered if we are doing too many
things just as a knee-jerk reaction to a one-year drought.
Mr. Greenwald suggested looking at the ten-year rainfall
figures and also noted we are only getting a certain amount
of recharge. Mr. Springs told Council if they want to
visit San Angelo and see their operation, he will be glad
to arrange a visit. Every drop of water has to have
something seeded in it and God is not very efficient.
Mr. Swinney disagreed with that statement and then
about any scientific proof that cloud seeding works.
Springs answered he didn't have them with him, but
are several documents proving that it works.
asked
Mr.
there
Mr. Swinney inquired how many of the
favor of the cloud seeding program
responded they are all in favor.
Commissioners are in
and Mr. Wolverton
Mr. McDonald observed it sounds more like it should be an
agricultural district. Mayor Baldwin remarked if it rained
45" in Guadalupe County it would not help the City of
Schertz's source. Mr. Potempa suggested levying the tax
on commercial establishments and leaving the homeowners
alone. Mr. Springs indicated that would not generate
enough money. Mr. Potempa then commented if it's not
going to benefit Schertz, why tax us. Mr. Springs
answered anything that falls on the Edwards recharge zone
will benefit Schertz.
Mr. Potempa asked when it is expected that the Governor
will sign and Mr. springs replied possibly by the end of
the week. Mr. Springs added he had talked with
Representative Kuempe1 and was told no one had called his
office to object. Armbruster, Zaffarini and Wentworth are
all Senators who represent Guadalupe County.
There was
thereof, to
further discussion about the benefits, or
the City of Schertz, about the cost of
lack
the
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project, and about not needing additional taxes.
Mayor Baldwin clarified that all this bill does is give the
legislature the right to put it up for a vote.
Commissioner Wolverton stated Mr. Springs is here to try
and bridge the communications gap. They will try to find
out from Representative Kuempel when the bill will be on
the floor. Along the line of communications, Commissioner
Wolverton commented he will start faxing the Commissioners
Court agendas to Mr. Sweatt.
Mayor Baldwin thanked Mr.
Wolverton for their time.
Springs and
Commissioner
#3 Discuss Comprehensive Plan Town Hall joint meeting
with Planning and Zoning scheduled for April l5, 1997.
Mr. Sweatt related the Planning and Zoning Commission has
been involved in reviewing the Comprehensive Plan for over
eight months now. They need to meet with City Council in a
town meeting to discuss what the future of the City should
hold and how to get there. Two town meetings have been
scheduled. The first is set for April l5th in conjunction
with Council's regular meeting. The second one will be
held on May l4th in conjunction with a Council workshop.
The first will be in the Council Chambers and the second
will be held at the library.
Council indicated their readiness for this item to be
placed on next Tuesday night's agenda.
#4 Discuss appointments to Board of Trustees and Board
of Managers of Canyon Regional Water Authority (CRWA).
Mr. Potempa asked who's serving currently and Mr. Sweatt
replied Ken Greenwald and Sam Willoughby are currently
serving on the Board of Trustees and Eber Busch is
currently serving on the Board of Managers. Mr. Potempa
then asked Mr. Greenwald if he has any objections to
continuing to serve. Mr. Greenwald answered that by law
you can't serve more than five (5) consecutive terms, but
if he's eligible he will serve.
Mr. Sweatt remarked if Mr. Greenwald is eligible, they
will probably appoint him and John Bierschwale to the Board
of Trustees and appoint Sam Willoughby to the Board of
Managers. The Resolution will be on next week's agenda.
Council agreed they were ready to move forward with this.
#5 Discuss City
matters.
position
on
pending legislative
Mr. Sweatt briefly reviewed some pending Senate and House
Bills. HB l802 proposes to require that each supplier of
residential water be required to impose and collect a $l.OO
per month fee from each of its customers and require that
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each supplier
customer each
Texas.
---
01. water take .95 of the fee '. ...harged to
month and pay that amount to the state
its
of
HE 2333 proposes to increase the maximum amount of waste
water treatment inspection fees and broaden and increase
the authority of TNRCC to increase fees imposed on public
drinking water systems.
HE 2362 proposes to revise annexation laws and the terms of
the proposed legislation state the changes apply to cities
that exceed 225,000 in population. However, other
provisions of the bill propose a two-year moratorium on
annexation by any size city.
HB 3316
10,000 or
employees,
payment of
would require that cities with a population
more increase payments to specific classes
the effect of which would be to double
longevity pay.
of
of
the
SB ll37 and HB 2582 propose to authorize municipal utility
districts to select application of extraterritorial
jurisdiction in certain circumstances. This would restrict
and modify the relationship of the city government
extraterritorial jurisdiction and the resulting
relationship between two or more cities and any municipal
utility districts.
Council recommended writing resolutions, to be
the next regular meeting, strongly opposing
bills. SB 1137 and HB 2582 are already off and
they wanted immediate action on those.
approved at
all these
running, so
#6 Discuss waiver of sidewalk request.
Mr. Sweatt advised that Mike Lancaster, developer of the
Woodland Oaks Village gated community between Dimrock and
Woodland Oaks Drive, has asked that the sidewalk
requirement be waived in favor of further landscaping.
This waiver would be only from his gate out to FM 3009.
The area has quite a slope and would be difficult to
maintain. Mr. Lancaster contends there are no other
sidewalks along FM 3009 and the City concurs. They think
landscaping makes more sense.
Mr. Potempa asked if this is the developer who hasn't put
up a fence and Mr. Sweatt replied no, it is the gentleman
who is going to do the bus stop.
Mr. McDonald mentioned there is a commercial strip in
front of where pulte is building and wondered if anyone
will be wanting to walk from the subdivision over to the
commercial strip. At first he was in favor of waiving the
side walk requirement, but Deer Creek, Greenfield Village
and Silvertree all have sidewalks out to the right-of-way
of FM 3009.
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Mr. Potempa asked what ADA specifies and Mr. Sweatt
answered if there are no sidewalks, ADA specifies nothing.
Mr. sawyer commented it sounds from the letter as if
Lancaster didn't plan on putting in sidewalks from his
out to FM 3009. He is not opposed to sidewalks on FM
and thinks they should have them.
Mr.
gate
3009
There was a brief discussion about businesses along FM 3009
that don't have sidewalks and Bradzoil was one of them.
Mr. Sawyer mentioned the previous city Manager was told to
put money, from developments along FM 3009, in escrow for
the installation of sidewalks but he never did it.
Mr. Swinney voiced the opinion landscaping might be more
beneficial.
Mayor Baldwin stated he, personally, thinks
important. If there's any possibility of
then sidewalks should be required.
sidewalks are
going across,
Mr. Potempa agreed and indicated he thinks Bradzoil should
have sidewalks too.
Mr. Greenwald hoped some staff member hadn't told Mr.
Lancaster he didn't need sidewalks and Mr. Swinney didn't
want bad sidewalks because of erosion. The consensus of
Council, however, was that sidewalks are needed. They
recommended not granting Mr. Lancaster a waiver.
#7 Discuss annexation request for 35.3l acre tract
along IH-35 westbound frontage, approximately 1200 feet
southwest of Friesenhahn Lane.
Mr. Sweatt acknowledged the caption on the agenda is
self-explanatory. Mr. Forbes has bought some more land
and would like to have it annexed. Council said let's do
it and expressed the desire to have this item placed on
next Tuesday night's agenda.
#8 CITY MANAGER'S REPORT: A. Stated if the Interloca1
Animal Control Contract with the City of Seguin and
Guadalupe County meets all the City's concerns and needs,
he would like to place it on the next agenda for Council's
approval if they have no objections. There were no
objections.
B. Announced he is hosting the City Manager's regional
meeting this Friday at the Community Center and La Pasadita
is catering the meal.
C. Commented the EAA is issuing new rules about pumpage
and he will keep the Council informed,
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Mr. Potempa asked if the City of Schertz disallows septic
tanks. Mr. Sweatt replied if someone is within 300' of a
sewer line, they must connect to the sewer system. Mr.
Potempa mentioned there was a truck up at the playground
equipment business advertising some kind of septic system.
Mr. Sweatt promised to check and see if the business is
tied to the sewer system.
D. Mentioned some of the businesses on FM 3009 and the
IH-35 frontage road will suffer because exit 175, coming
south, will be closed anywhere from II to l4 months for
construction. Mr. Swinney brought up the possibility of
erecting a huge sign or billboard to list all the
businesses and the appropriate exit to take for getting to
them.
Mr. Potempa asked if
Kuempel could help the
Sweatt replied maybe.
pursue it.
there's any way Representative
City out with this problem and Mr.
Mr. Potempa asked him to please
#9 ITEMS BY COUNCIL: Mr. Swinnev: Reported having had
a good bond committee meeting Monday night. It was opened
to citizens, but no one signed up. The next big hurdle
will be when each sub-committee chairman briefs everyone.
Mr. Greenwald: A. Noted TNRCC has just changed the rules
on septics. He heard that the lot requirement is going up
to 3/4 of an acre and he asked Mr. Sweatt to check on it.
B. Advised
briefing on
interior and
date.
Steve
HEB.
don't
Simonson gave Planning and Zoning a
They have totally redesigned their
know if they can make the May opening
#lO ITEMS BY MAYOR: A. Reminded Council of Sam's Club's
Earth Day town meeting on April 22nd at 6:00 p.m.
B. Declared the First Baptist Church is holding a ceremony
for the National Day of Prayer on May lst from 12:20 p.m.
to 12:40 p.m. at the flag pole in front of City Hall.
#ll ADJOURNMENT: On a motio~ by Mr. Swinney
seconded by Mr. Potempa andcznani ous1y carried,
meeting was adjourned at 9:l3 p.m. / ~
Mayor, trty of Schertz, Texas
and
the
ATTEST:
~tl /~/,'-U-~
City Secretary, City of Schertz
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