ccreg 07-05-1994
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REGULAR MEETING OF THE CITY COUNCIL
JULY 5, 1994
The Schertz City Council convened in Regular Session
Tuesday, July 5, 1994 at 7:00 p.m. in the Council Chambers
of the Municipal Complex, 1400 Schertz Parkway, Schertz,
Texas. The following members were present: Mayor Hal
Baldwin, presiding; Charles McDonaldi Joe Potempai
Barbara Stanhope; Mary Marsh and Ken Greenwald. Staff
present were City Manager Kerry Sweatt and City Secretary
June Krause.
Mayor Baldwin welcomed everyone to the meeting and asked
them to rise and join him in the Pledge of Allegiance.
#1 APPROVAL OF MINUTES: A.
B.
C.
D.
BOA Meeting 5-17-94
Regular Meeting 5-17-94
Special Meeting 6-1-94
Regular Meeting 6-7-94
Mrs. Marsh moved the minutes be approved with Mr.
Greenwald seconding the motion, which carried as follows:
AYES: Councilmembers McDonald, Potempa, Stanhope, Marsh and
Greenwald.
NAYS: None
ABSTAINING: Mrs. Stanhope for the meetings of 5-17-94.
#2 HEARING OF RESIDENTS: A. Nancy Dronburg and Peggy
Brown, representing the BVYA Board of Directors, presented a
plaque to the Public Works Department in appreciation for
their putting up the fence at the ballfields. They said it
has been a life saver and time saver in not having to put up
the temporary fence for each tournament. They added that
they are so grateful it was put up in time for their
tournament.
Public Works Director John Bierschwale,
Supervisor Eber Busch and Parks Foreman
accepted the plaque.
Water/Wastewater
Marcello Garcia
B. George Mower, 501 Brooks Avenue, spoke regarding the
ordinance on Drought and Water Management Surcharges. He
said he understood that several communities on the Edwards
Aquifer had different triggering footage for the different
stages. He requested that we don't kick in at 700 feet or
it would end up being a revenue tool rather than
conservation. He urged Council to table this ordinance so
that a consensus of opinion could be reached with everyone
on the Edwards.
C. Jim Harris reminded Council that when the water rates
were first introduced he spoke against them and he is now
really against them after reading the latest newsletter. He
said that if he read the table in the newsletter right those
with a sprinkler system get a bonus for using a lot of water
190
and those without a sprinkler system get a penalty for using
a lot of water. He gave some figures he said backed up his
statement. He contended it was not right to give a break to
the larger pipe using a sprinkler system.
Mayor Baldwin advised that he would get a response when this
item comes before Council.
D. Ted Duigon of 1112 Antler Drive, referred to
#6. He recalled the situation on drainage the
Deer Haven have been going through for 6 or 7
asked when they were going to start the project.
Mayor Baldwin advised that would be answered when item #6
was brought before Council. He then thanked everyone who
had signed up and spoke.
agenda item
people in
years and
#3 ORDINANCE: Mayor Baldwin introduced an ordinance
and read the caption as follows:
ORDINANCE NO. 94-D-16
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY
OF SCHERTZ, TEXAS PROVIDING THAT THE CODE OF
ORDINANCES BE AMENDED BY REVISING SECTION
18-33 FOUR-WAY STOPS AND REPEALING ALL
ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT.
Mr. Potempa moved to approve the final reading
ordinance amending the Code, Section 18-33, Four-Way
for Dimrock at the intersection with Cotton King.
Stanhope seconded the motion, which carried as follows:
of an
Stops
Mrs.
AYES: Councilmembers McDonald, Potempa, Stanhope, Marsh and
Greenwald.
NAYS: None
#4 ORDINANCE: Mayor Baldwin introduced an ordinance
and read the caption as follows:
ORDINANCE NO. 94-F-17
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY
OF SCHERTZ, TEXAS PROVIDING THAT THE CODE OF
ORDINANCES CITY OF SCHERTZ, TEXAS, BE
AMENDED BY REVISING A PORTION OF SECTION
19-96 DROUGHT AND EMERGENCY WATER MANAGEMENT
AND SURCHARGES; PROVIDING AN EFFECTIVE
DATE; AND REPEALING ALL ORDINANCES OR PARTS
OF ORDINANCES IN CONFLICT.
Mr. Sweatt advised that this ordinance does not change the
criteria but does change the various levels. Stage 1
currently is 644 feet at the test well and will be changed
to 649 feet. Stage 2 now is 628 feet and will be changed to
~-
18]
640 feet. Stage 3 is now at 612 feet and will be changed to
632 feet. These are level estimates by the Edwards
Underground Water District and most of the cities in the
area have or will adopt them. The main difference in the
City of San Antonio's ordinance is that their Stage 3 kicks
in at 620 feet rather than 612 feet. He added that we have
discussed this with the Edwards people and they say the City
of San Antonio has notified them that in an emergency, they
will go with the suggested levels. The current Stages 3, 4
and 5 remain the same.
Mr. Sweatt said the water rates are not predicated on
sprinkler systems but on the size of the meters, with a LUE
(living unit equivalent) of 1. for the 5/8 x 3/4meter and a
LUE of 1.5 for the 3/4 x 3/4 meter. The base rate is
applied at that living unit equivalent (LUE) throughout the
system. A sprinkler system does not necessarily require a
3/4 x 3/4 inch meter.
Mr. Sweatt added that we believe the requested estimates by
the Edwards will indicate to the Judge that the entities on
the Aquifer are attempting to pass rules and regulations
that will allow us to continue to operate and come under the
daily regulations of the Water Master.
After lengthy discussion on this subject, Mrs. Marsh moved
to approve the final consideration of an ordinance amending
the Code, Section 19-96, Drought and Emergency Water
Management and Surcharges. Mr. Greenwald seconded the
motion, which carried with the following vote:
AYES: Councilmembers McDonald, Potempa, Stanhope, Marsh and
Greenwald.
NAYS: None
#5 POLICY: Consider and take action on a policy on
distribution of City Council agenda packet information.
Mr. Sweatt commented that in accordance with Council
discussion and with further discussion with the City
Attorney, we have prepared a policy on distribution of
Council agenda packets to citizens. He then read the
policy, which outlined the procedures. The citizen packet
would be available for review by the public each Monday of
agenda week and would contain everything in the Council
packets, with the exception of material that could be
disadvantageous to the interests of the City.
Mr. McDonald moved to approve the policy as presented. Mr.
Greenwald seconded the motion, which carried as follows:
AYES: Councilmembers McDonald, Potempa, Stanhope, Marsh and
Greenwald.
NAYS: None
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#6 BID AWARD: Consider and take action on awarding
bid for Savannah Square drainage.
Mr. Sweatt reminded that Mr. Duigon had asked about this
project at the first of the meeting. Bids were accepted and
reviewed and we recommend awarding to the low bidder, L & J
Construction and Properties, Inc. in the amount of
$167,592.23. This is the result in regards to settlement
with the engineer who did the design work in Savannah
Square. Once awarded, the project should be completed in 75
calendar days from the date of notification to proceed. It
could be as much as 20 to 30 days before that notice is
completed. Easements have not been acquired from several
property owners along the route. Once the bid is awarded,
we expect to contact the property owners and proceed with
the right of way work. We do not anticipate any problems.
Mrs. Marsh moved to award the bid on the Savannah Square
Drainage Improvement Project to L & J Construction and
Properties, Inc. in the amount of $167,592.23. Mrs.
Stanhope seconded the motion, which carried as follows:
AYES: Councilmembers McDonald, Potempa, Stanhope, Marsh and
Greenwald.
NAYS: None
#7 APPOINTMENT:
appointing member to
Board.
Consider
the Schertz
and take
Development
action on
Foundation
Mr. Sweatt said that Mr. McDonald did serve on this Board
and the Board has recommended appointing Sabina Neal, Vice
President of Technos. She has agreed to serve if appointed.
Mr. Potempa moved to appoint Sabina Neal to the Schertz
Development Foundation Board. Mrs. Stanhope seconded the
motion, which carried with the following vote:
AYES: Councilmembers McDonald, Potempa, Stanhope, Marsh and
Greenwald.
NAYS: None
#8 EXECUTIVE
executive session
Texas Government
Matters.
SESSION: Mayor Baldwin called an
at 7:42 p.m. under Chapter 551 of the
Code, sub-section 551.074 Personnel
The Regular Session was reconvened at 8:53 p.m.
#9 Consider and take action, if any, on the above
executive session.
Mayor Baldwin
evaluation of
Mr. Sweatt.
action will be
announced that Council had completed their
the City Manager and have discussed it with
They have asked him to do some things and no
taken at this time.
~ --------
183
#10 CITY MANAGER'S REPORT: None at this time.
#11 ITEMS BY COUNCIL: Mr. Greenwald: A. BVYA is
starting a Colt tournament of 14/15 year olds, using
Clemens' field and facilities and some of their coaches.
Next week starting on Wednesday there will be a regional
tournament of 6/7 year olds. If you want to have a lot of
fun, go out to see them.
Mrs. Marsh thanked everyone for participating in the very
successful July Jubilee and asked Mr. Sweatt to pass on to
city staff our appreciation for all the hard work they did
over the weekend.
Mrs. Stanhooe agreed, saying the city staff just did an
outstanding job, along with the Police, SAFES and Fire
personnel were out among the citizens making for a very
different attitude. She did not hear one bad comment. It
was a superb Jubilee.
Mr. Potemoa explained about the PA system failing after a
length of time and apologized if citizens could not hear
part of the commentary.
Mr. McDonald agreed with everyone, saying he was very
impressed with the parade and Jubilee.
Mr. McDonald also asked the status of the FM 3009 Project.
Mr. Sweatt related that we will probably
workshop discussion of some changes they
grades and a noise abatement wall.
have on next
are making in
#12 ITEMS BY MAYOR: Mr. Baldwin echoed the other
Councilmembers on their comments on city staff participation
and the entire Jubilee. He suggested some type of
recognition for staff, members of the Citizen Police Academy
(who directed traffic) and all those who helped.
#13 ADJOURNMENT: Mr. Potempa moved the meeting be
adjourned at 9:14 p.m., with Mrs. Marsh seconding the
motion, which carried unanimOUSIY,~~
<<h~
Mayor, City of Schertz, Texas
ATTEST:
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CO/ Secretary,
y of Schertz