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ccswks 05-31-1995 -- .:?:<3 SPECIAL MEETING OF THE CITY COUNCIL MAY 31, 1995 The Schertz City Council convened in Special Workshop Session on Wednesday, May 31, 1995 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 Charles McDonald; Joe Potempa; Dereda Burkett; Timothy Swinney and Ken Greenwald. Staff present were City Manager Kerry Sweatt and City Secretary Norma Althouse. #1 APPROVAL OF MINUTES: Regular Meeting 3-07-95 Special Meeting 3-15-95 Regular Meeting 3-21-95 Special Meeting 3-29-95 Regular Meeting 4-04-94 Mr. McDonald moved to approve the minutes for the Regular Meeting 3-7-95, the Special Meeting 3-15-95, the Regular Meeting 3-21-95, the Special Meeting 3-29-95 and the Regular Meeting 4-4-95. Mr. Greenwald seconded the motion, which carried with the fOllowing votes: AYES: Councilmembers McDonald, Potempa, Burkett, Swinney and Greenwald. NAYS: None. #2 HEARING OF RESIDENTS: A. George Mower of 501 Brooks mentioned that the other day when the low water crossing on Aviation was closed, there were scores of cars, coming from the direction of Randolph, turning left off FM 78 and coming under the bridge only to discover they had to turn around. Is there some way to warn people, with a sign, that the low water crossing is closed before they get that far? Mayor Baldwin, saying that is under the jurisdiction of Universal City, admitted he will be glad to make that suggestion to the Mayor of Universal City the next time he's at a meeting with him. B. Melissa Flores of 812 Colony, mentioning she had lived here for 25 years, spoke concerning a problem at the Texaco on the corner of Aero Ave. and Schertz Parkway. According to Mrs. Flores, there is a young male employee who is constantly criticizing and socially and mentally abusing children who go there. He also sexually harasses girls and has even harassed her father. Mrs. Flores claimed there are 16 parents who will back her up. She has gone to the owner three times about these problems, but he does not wish to do anything about it. This needs to be stopped before it goes too far. It is of public concern. She is here to ask for the Council's help. Do they need the Council's permission to hold a rally? Can they put up picket signs on private property? ~. d;?~ Mr. Swinney told Mrs. Flores he understands her concern and we certainly don't want this type of behavior in our community. Speaking as a businessman, Mr. Swinney (a) suggested Mrs. Flores not patronize the Texaco (when you hit a business in it's pocketbook, it either changes or goes out of business), and (b) stated that an employer is liable for the actions of his employees. Mrs. they makes Flores asked if they shouldn't be want and Mr. Swinney answered they the economy work is voting with our able to Q'O should, but feet. where what Mr. McDonald noted that sexual harassment should be reported to the police. Mr. Potempa asked if that Texaco is independently owned or is it owned by Texaco Gas Company. You can always write to Texaco about this situation. Several Councilmembers thouQ'ht it was a franchise, but thought writing to Texaco was a good idea anyway. They may be able to put a little pressure on the owner. Mayor Baldwin related several young girls in his neiQ'hborhood had complaints about sexual harassment at that establishment and he advised them to file a report with the police. Mr. Sweatt told Mrs. Flores a permit is not required for a lawful assembly on private property as long as it's not blocking entrances and exits, or the business. There is, however, a Sign Ordinance governing the posting of signs. Mike Spain pointed out, though, that the Sign Ordinance doesn't control signs you hold in your hand. Mr. Sweatt suggested Mrs. Flores come to City Hall sometime during the day and speak with him or the Building Inspector or the Asst. City Manager about signs. Mrs. Flores wanted it clarified that if she and a bunch of parents/friends sit in her Dad's yard and hold up signs, they are not doing anything illegal. Mr. Sweatt once again stated that if it's a peaceful assembly in your own yard, then it's not illegal. Mayor Baldwin reminded Mrs. Flores to stop by City Hall and talk with Mr. Sweatt or the Building Inspector about the signs. Mr. McDonald once again mentioned that the pocketbook is a most effective tool for hurting a business. George agreed notify Mower asked, and was given permission, to speak. with Mr. Potempa that the best thing to do Texaco. He is # 3 SWEARING IN OF MAYOR PRO-TEN City Secretary, Norma Althouse, swore in Councilmember Timothy Swinney as Mayor Pro-Tem. / - d;?~ #4 Discuss final consideration of an ordinance to rezone 14.57 acres on E. Live Oak Rd. (CottaQ'e Lifestyles) from R-4 (Apartment/Multi-Family Dwellino District) to R-2 (Single-Family Dwelling District.) Mr. Sweatt reminded Council this item came about as a result of a suggestion by the Planning and Zoning Commission that if the project for which the land was rezoned wasn't up and running in six months, then the property should revert to its original zoning. They would like to go back and take another look to see if this was the highest and best use of the land. The six months has come and gone and the developer was notified about Planning and Zoning's intentions. There was no reply. Mr. Sweatt further stated Planning and Zoning held a public hearing as did City Council and the first reading of an ordinance to rezone back to the original classification was approved by Council. Mr. Greenwald pointed out that part of the original zoning contained a section of land zoned Neighborhood Services, but Planning and Zoning had recommended all the land be rezoned to R-2. After being asked by Mayor Baldwin, Council indicated they were ready for this item to be included on next Tuesday night's agenda. #5 Discuss approval of the Corporation's refinancing matters. Housing Finance Mr. Sweatt deferred to City Attorney Spain on subject. Mr. Spain explained this was an expected financing by the Schertz Housing Finance Corporation has to be approved by City Council, but, in fact, financing has now been cancelled. There will not be a bond issue by the Schertz Housing Finance Corporation, this matter does not need to be considered by Council. this bond which that new so Mr. Swinney asked if they're planning to try and in the near future and Mr. Spain replied what they do is defease those bonds without a bond issue. going to borrow the money conventionally and put funds to payoff the old bonds. Mayor Baldwin asked if that will dissolve the Housing Finance Corporation and Mr. Spain answered it will not. The same developer has two other applications filed with the Housing Finance Corporation for future projects. finance plan to They're up the #6 Discuss proposed amendments to the Housing Finance Corporation's Articles of Incorporation. Mr. Sweatt packets a Currently, Board of great deal advised that Council had received in their copy of the Articles of Incorporation. there is an established term of office on the Directors. The Board of the HFe has not had a of activity in past years and the terms have not ,;?:20 been extended. The present members have served until their successor was named. The proposed refinancing of the bond project created some activity and two members were appointed to fill vacancies. As it exists today, there are three members of the HFC whose terms are expired but not filled. The HFC has suggested you consider approving amendments that will remove term limitations. Mr. Spain that the Directors There is Directors the HFC reason. explained that the HFC, on his advice, is asking term limitation of six years on the Board of be removed from the Articles of Incorporation. still an effective limitation on the terms of because City Council can remove Directors from any time it chooses for any reason or for no Mr. Spain went on to say the other amendment he recommended the HFC include in its Articles of Incorporation is a provision that is permitted by State law now, but was not at the time the HFC was created. These Directors serve for a salary of zero dollars. State law now allows corporations to limit the liability of persons who serve as Directors so long as they're doing their job and being loyal to the corporation and not doing anything wrong. That kind of limitation of liability needs to be put into the Articles of Incorporation. Mr. Spain commented these amendments will be considered by the HFe at their meetinQ' on June 6th. The procedure is that the HFC has to adopt the amendments and then City Council would have to approve them. If both those thinQ's happen, the Articles of Amendment will then be filed with the Secretary of State's office. Mr. Sweatt mentioned that it's appropriate for City eouncil to discuss the amendments this evening because if the HFC adopts them, they will be on Council's action agenda for approval next Tuesday evening. Mr. McDonald commented, in reQ'ard to not having term limits, that it would take an act of dissatisfaction for Council to dismiss a Director, but a term limit of six years does cause a review of the appointment. As it is now, it would be like the Supreme eourt. They would serve forever. Mr. Sweatt pointed out they still have terms. Mr. McDonald disagreed saying they have no terms unless we invoke their termination. Mr. Spain three-year We're not eliminatinC] related that as it reads now, term, but can only serve a total eliminating the three-year the six-year maximum. they serve a of six years. term, we're Mayor Baldwin mentioned that over the years between the time the HFC first met and the second time they met, it was probablY more than six years. Mr. Spain commented it was four years, but it's certainly been more than six years ------ ~7 since members of the Board were appointed. Mr. Potempa asked who serves on this Board and Mr. Spain answered Hal Baldwin, Merwin Willman, and ehuck Sharpe are the three who have served more than six years. If this amendment isn't approved, they can't be reappointed to the Board. They've served since the Corporation was incorporated in 1983. The two new people appointed to fill vacancies are William Marciniak and Ronald Krnavek. Mayor Baldwin told Council if anyone has a problem with eliminating the maximum six-year term limit, now is the time to let the HFC know. There was no problem and Council determined they were ready to await the HFC's decision. If the HFC approves the amendments, then a formal resolution will be presented to Council for approval at next Tuesday night's meeting. #7 Discuss matters for the Management Plan. changes to the City Ordinance and related Edwards Underground District Demand Mr. Sweatt remarked John Bierschwale, Public Work Director, is present to help explain a notification we received from the Edwards Underground District which basically directs we change the trigger mechanism for implementing certain demand management activities. We currently relate all our activities to the various levels at the specific water well. Under the new Edwards Water District Demand Management Plan that is no longer the Q'uide and/or trigger - it relates instead to the spring flow at Comal Springs. Mr. Sweatt continued on, saying under terms directed by the Edwards Underground Authority, Stage 1 would be triggered at 250 cubic feet per second, Stage 2 would be triggered at 225 cubic feet per second, Stage 3 at 175 cubic feet per second and Stage 4 at 150 cubic feet per second, each of those relating to a 15%, 20% and 30% reduction in our water demand. It has been strongly suggested that the City adopt those guidelines because those are the numbers that both the Edwards Underground and, we assume at this stage, any of the court monitors will be using as a guide. Mr. Bierschwale aCknowledged they are going to go by the spring flow and they have issued a chart to the eity based on reduction on a daily basis. When the 10% kicks in, we'll have to reduce by 200,000. When we get into the 15%, we'll have to reduce further and that's when it becomes mandatory. They can force laws on us and either fine us or take us to court for noncompliance. Mr. Swinney asked if the spring flow method of measuring is more accurate and Mr. Bierschwale answered by saying he prefers the J17 well method, which he has used for many years and which is very accurate, but the court monitor ----:- >>f strongly supports the spring flow method, so that's what the Edwards is using to try and satisfy the court. Mr. Greenwald added that Mr. Moore, the court through the U.S. Fish and Wildlife Service has a certain amount of spring flow is required to fish alive. That's the base line and it won't that. If we have to do without water, those fish to live. monitor, determined keep the go below are going Mr. Swinney then asked if we have the option of not agreeing to this Demand Management Plan and Mr. Greenwald replied he thinks you're shooting yourself in the foot if you don't. Mayor Baldwin asked who will be runninQ' the J17 well test after all this is implemented. Mr. Greenwald answered the San Antonio Water System will still be doing level checks, but the Parks Director at New Braunfels is the one who determines the sprinQ' flow at the Comal Springs. Mr. McDonald asked when you determine the 10% or the 15% of what. What you pumped 10 years ago? What you pumped yesterday? What you pumped last week? Mr. Bierschwale explained that last year he and his staff were able to use the highest years of the last 10 years and 1989 was the highest year of all. He submitted that and the Edwards aQ'reed and approved it. Mr. McDonald asked if that means 10% of whatever it was in 1989 and Mr. Bierschwale replied that's correct. Mr. Greenwald observed, that if he's not mistaken, these percentaQ'es of reduction are accumulative. There was some discussion on this with Mr. Bierschwale commenting the courts would like to see 40%. Mr. Sweatt asked Mr. Bierschwale when the last time was the Comal SprinQ's flow was down to 250 cubic feet per second. Mr. Bierschwale replied it hasn't happened for three years. Mr. Swinney expressed concern about agricultural irrigation in the local area and Mr. Bierschwale noted they have their own wells and are not in the Edwards. If for some reason they are in the Edwards, they are in the Bad Fault and there are no rules for the Bad Fault. Mr. Swinney, then stating we probably have fines on the City statutes for enforcement purposes, asked if voluntary and/or mandatory conservation has been a problem in the past. Mr. Sweatt stated that since these have been in effect, we have not been at the mandatory staqe. Mr. Bierschwale noted we were at mandatory one time, but they try to work with the customer. They will knock on doors to remind customers that conservation is mandatory. The third time they have to contact a customer about it, a citation will be issued. ~~9 Mayor of an Sweatt Baldwin asked if Council will have this in the ordinance on Tuesday night and was told by they will. form Mr. Mr. Potempa wanted to know exactly what is a periodic volume report. Mr. Bierschwale said that shows how much water they pumped and how much water they sold. They want a comparison in their studies. Mr. Potempa then asked what is the volume unaccounted for and Mr. Bierschwale replied that is between what he cannot account for by sales, what the Fire Department uses, and what is pumped that nobody knows where it goes. Mr. Sweatt added that's also leaks and fire hydrants and water used by the sweeper. Mr. Potempa questioned if we have leaks in our system and Mr. Bierschwale responded not many. Mr. Sweatt reminded Council that about a year ago we went throuQ'h a leak detection program and pursued those leaks because clearly that's lost revenue and it's counting against our consumption from the Edwards. It is to our advantage to identify those leaks, but overall our system is in good shape. Mr. Potempa asked, since we furnish Northcliffe with water, how much that affects our own local people. Mr. Sweatt answered our total pumpaQe has been included in our established volume, which includes our sales to Northcliffe. Mr. PotAmpa observed then, that when we have to reduce our usage to the mandatory stages, Northcliffe also has to reduce theirs. Mr. Bierschwale indicated we c~ll them immediately and place the restrictions on them also. Mr. Swinney asked how we come up with the drought surcharQe figures. Is that imposed by them or is that our own figures? Mr. Bierschwale replied that's our own figures, we've never had to implement them yet and hopefully we'll never have to, but that would be up to eity Council. There agreed night's beinQ no they were agenda. further questions on this item, Council ready to have it included on next Tuesday At this time the Council took a short break. After the break, Mayor Baldwin suggested, with Council's permission, they skip over Item #8, discussion of mid-year budget amendments, since it could be lengthy and go to Item #9 and dispose of it, then to the Executive Session so they can take care of their business with the City Attorney, and then come back to Item #8. eouncil had no objection. #9 Discuss aqreement with Texas Department of Transportation reQ'arding responsibilities for Lower Seguin Road project. Mr. Sweatt told Council that included in their packets is - ~3o a proposed agreement submitted by TXDoT and an Exhibit "A" which is a long list of MPO (Metropolitan Planning Organization) projects and specific columns which outline local participation responsibilities. At the MPO level, there has been quite a bit of discussion of how local entities participate in various state highway projects. As you know, there is a myriad of fundinQ' - some through the Q'eneral fund, some through various fundinQ' sources of the state, some through a combination of state and federal funds, others off system are local and state. A recent change in the Texas Administrative Code resulted in what we understand to be an edict from TXDoT that these kinds of projects for cities over and under 200,000 will be funded and local participation responsibilities have been modified. According to what we received from TXDoT, the only project listed in the 1995/96/97 construction years is Lower SeQ'uin Road which is a proposed project for off system. Off system means it is not on the State HiQ'hway system, not on the Farm to Market system, not on the U.S. Hiqhway system, but is a local project where State and local funds will be involved. We submitted this project to MPO two years aQ'o to try and correct some of the problems we have with traffic in and out of the south gate of Randolph AFB and some of the problems we have with movinQ' traffic off of the base other than at the main gate. Randolph joined with us and we made an application to MPO and it has been established for funding/lettinQ' in 1997. The proposed local participation arrangement, fallinq in line with the new Code, would provide that the City's responsibility is as it has been for the acquisition of riqht-of-way. The last chart in "Exhibit An, third project from the bottom, outlines the following: (a) preparation of schematic and environmental assessment would be done by the State; (bl public involvement responsibility is a mixture between the City and Bexar County because a portion of the roadway will fall outside the City limits of the City of Schertz; (c) preparation of the right-of-way map is the responsibility of the State; (d) detailed plan preparation is the responsibility of the State; (e) acquisition of the right-of-way is the responsibility of the City and Bexar eounty; (f) coordination of utility adjustments is the responsibility of the State; (Q') funds for new curb, gutter, sidewalk and storm sewer are the responsibility of the City and Bexar eounty (this project does not anticipate at this time construction of curbs and gutter and only anticipates a minimum amount of storm sewer); and, (h) the State will match 20% of the construction funds. Mr. Sweatt stated TXDoT has asked that we recoQ'nize these arrangements and signify our approval by signing a Local Participation AQ'reement. This agreement is generally in line with past practices. Mr. Potempa, referring to the fact Mr. Sweatt mentioned Randolph had jointly applied with Schertz on this project, d3/ asked if Randolph will be putting any money into it. Mr. Sweatt replied no and when Mr. Potempa asked why not, pointed out proposed construction will be funded by the State. There is not a mechanism for the base to participate in off-base costs such as that. They lent their support to get the project funded. Mr. Potempa concluded what Mr. Sweatt was saying is there is no federal money for this project. Mr. Sweatt admitted that's correct - they explored several areas, but could not identify any federal funds available. Mr. Sweatt went on to say the fact that it's on MPO's plan is just one step. If TXDoT feels it cannot be done, it will be pulled. Mr. McDonald asked if they will straighten Seguin Road and Mr. Sweatt answered no, it essentially along the current route. out Lower will stay Mayor to be agreed Baldwin asked Council if on next Tuesday night's they were ready. they were prepared for this aqenda for action and they #10 EXECUTIVE SESSION: a. Called under Section 551 of the Texas Government Code, Sub-Sectionc 551.074 (1), personnel matters to deliberate the appointment, employment, evaluation, etc. of employee. b. Called under Section 551 of the Texas Government Code, Sub-Section 551.071 (A), consultation with attorney on pending or contemplated litigation. An Executive Session was held from 8:05 p.m. until 10:02 p.m. #11 eonsider and take action, if any, on the above Executive Session. Mayor Baldwin related they did confer with the City Attorney concerninQ appointment, employment and evaluation and also concerning contemplated and pending litigation. They were given some advice by the attorney and at this time that's all that needs to be said. #8 Discuss mid-year budget amendments. Mayor agenda adding agenda Baldwin suggested, that since this could be a long item and it is 10:05 p.m., that Council consider this as a workshop item on next Tuesday night's once they complete the formal session. Mr. Potempa moved to table discussion of the mid-year budget amendments and schedule it for a workshop session following the formal session on Tuesday, June 6, 1995. Mr. I> - ,73,fL Swinney seconded the motion, following votes: which carried with the AYES: Councilmembers McDonald, Potempa, Burkett, Swinney and Greenwald. NAYS: None. #12 CITY MANAGER'S REPORT: A. Asked Council to give some thouQ'ht to the July meeting schedule. July 4th is the date of one of the regular meetings and he suggested either moving that meeting to July 5th or deleting it altogether. eouncil aQ'reed to meet on Wednesday July 5th. B. Reported the Schertz Business Association is looking for volunteers to man the ticket booth on July 3rd and 4th. If anyone is interested, please contact Anita Clark. C. Announced AACOG will hold its semi-annual meetinQ' on July 14th at 3:00 p.m. at the St. Anthony Hotel. A reception honoring the recipients of the Regional eitizen of the Year Award will follow the meeting. If anyone is interested in attending, please let him know. #13 ITEMS BY COUNCIL: Mr. Swinney:. AACOG meeting was excellent. He Q'ot a There was quite a bit of discussion about Act. A. lot the Reported the out of it. Open Meetings B. Mentioned that anyone who's been following the proposal to allow counties and cities to combine some functions should know that the bill was killed in this session of the House. Mr. Greenwald interjected he had read in this morning's paper there was a change in the Open Records Act and we should ask Mike Spain for a copy. He thought it had something to do with cost of records and the electronic media. Mr. Sweatt indicated that's right. It had to do with charging for extracting data off electronic equipment. Mr. Swinney mentioned they did discuss some of that at the AACOG meeting and cities can charge in advance and also citizens have the right to request a certain format and the cities can charge for that extra manpower. #14 ITEMS BY MAYOR: Brought Council up to date on the Northeast Partnership. They are now meeting on the second Thursday of each month and they rotate cities. Eiqht cities are now participating plus the local Chamber of eommerce. They are heavily into solidifyinQ' some of the technical things about being a group of people looking at industrial development and growth in the area. They are looking at the legal status as a 501 C-3 or C-6 type of organization. They are also looking at funding for the .. ,/33 organization and how they want to do it and in what capacity. Meetings have been very productive and extremely cordial. It's a very progressive group. They have subscribed to the theory that what's good for one community is good for all the communities. The Mayor said he is scheduled to be on the agenda of a eps meeting next week to talk about the Northeast Partnership. The goal of the Partnership is to achieve recognition as a group of cities that has something to offer to industries and businesses not only in Texas, but throughout the United States. There is tremendous potential for this group. Along the line of industrial growth, Merwin Willman mentioned Planning and Zoning has approved many new businesses in the area and talked about them and named them, but to him it isn't the same as having a picture. As a result, they have developed a map indicating where all new businesses are located. There is a legend on the map for that. New ones that haven't broken ground yet are marked "proposed." These proposed ones have been platted and so they know they're good. Mayor Baldwin mentioned the map is very impressive. Mr. Sweatt reminded Council that Mayor Baldwin has served as the presiding officer and spokesperson for the Northeast Partnership and they have asked that he continue to serve as a presiding officer. It is a very informal group and there are no formally elected officers up to this date. Both Mr. Sweatt and Mayor Baldwin admitted it's been a very good experience. #15 ADJOURNMENT: On a motion by Mr. Potempa and seconded by Mr. Swinney and unan' ously carried, the meeting adjourned at 10:22 p.m. ,1' ~pdZ~ Mayo , C~~ Schertz, Texas ATTEST: ~ 1lLd..~:, ~ City Secretary, City of Schertz