ccswks 05-31-1995
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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?
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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.
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#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
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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
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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
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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.
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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
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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,
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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.
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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
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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.
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Mayo , C~~ Schertz, Texas
ATTEST:
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City Secretary, City of Schertz