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ccswks 05-12-1993 .' , SPECIAL MEETING OF THE CITY COUNCIL MAY 12, 1993 The Schertz City Council convened in Special Workshop Session Tuesday, May 12, 1993 at 7:00 p.m. in the Conference Room of the Municipal Complex, 1400 Schertz Parkway, Schertz, Texas. The followinq members were present: Earl W. Sawyer, presiding; Joe Potempa, Hal Baldwin, Barbara Stanhope and Ken Greenwald. Absent: Mary Marsh. Staff present were City Manaqer Kerry Sweatt and City Secretary June Krause. #1 HEARING OF RESIDENTS: Bill Neller said he had talked with Representative Kuempel and he will definitely be here for the June 14th Flaq Burninq Ceremonies. The VFW is also qoinq to try to have some of their members present. Mr. Neller also was concerned about havinq to qo to two different places to vote on the last election day. Mrs. Krause explained that by law the county had to hold the election votinq in all three of their precincts in Schertz; but all the other elections were in one place the Community Center. *2 Discuss current leqislation relatinq to the Edwards Aquifer. Mr. Sweatt had asked David Davenport of Canyon Reqional Water Authority to qive an update on the leqislation beinq considered in Austin. He also reminded Council that we have two representatives to the Canyon Reqional John Bierschwale and Ken Greenwald. Mr. Davenport qave a brief outline of the bill creatinq the Edwards Aquifer Authority. The Board will consist of nine directors - two from Bexar County appointed by the City of San Antonio; one from Bexar County appointed by Bexar County; one from Comal County or the City of New Braunfels - appointed by Comal County; one from Hays County appointed by the City of San Marcos; one from Medina County appointed by the Medina County Underqround Water District; one from Uvalde County appointed by the Uvalde County Underqround Water District; one alternatinq on four year terms from Bexar County to represent the interest of Bexar County irrigators appointed by Bexar County and Atascosa County appointed by the Everqreen Underqround Water Conservation District; and one alternating on four year terms (12 years) in Guadalupe County, Hays County, Comal County selected by the Commissioner's courts of the counties. Mr. Davenport said the way this bill developed was that they put on the Senate side, San Antonio, New Braunfels and San Marcos and some industrial users on the Guadalupe and a couple of entities into a room and basically started votinq on what was and was not goinq to go into the bill. This rather pointed the views to their needs and not particularly 1St> to the needs of others in the district. As is, it went on through the Senate and was passed the previous day and was sent on to the House. The above outline of the Board was from the Senate version but Mr. Davenport did not seem to think it would be much different and would make it through the legislature. Mr. Davenport said an important part of the bill the Guadalupe portion is included in the district all the rights and privileges of anyone else district, whether representation is there or not. is and in that has the There are two boards and that is rather unusual. The first board is an advisory board made up of these counties and Guadalupe will have a place on that and they are to write part of the management plan. There is also a Downstream Water Committee, made up of users on the Guadalupe. Both of these boards do have the ability to appeal to the Texas Water Commission. The Authority is empowered to enter into contracts and may also create and contract for water supply facilities. Their first goal is to reduce pumpage to 450,000 acre feet and reduce to 400,000 acre feet on January 1, 2008. Each water purveyor who owns a well will draw and apply to the new Edwards Authority for it's grandfather rights and initial permit withdrawing. They will look at the permit to be sure there is no waste or over use and if none is found, they will issue that initial permit. They will total the entire permits up and whatever is over the 450,000 acre feet will proportionally reduce everyone's permit. The plan is that they will go out and find enough people who are willing to give up their initial permit, buy them out, trade off to take up that additional 50,000 acre feet. If they are not able to do this, then we will see the second reduction to 400,000 acre feet. Mr. Davenport went on to say the Authority must prepare and enforce a Conservation and Reuse Plan, a Management Plan and a Demand Management Plan and conduct research. He said the Authority may not levy a property tax. A fee will be assessed on aquifer users and downstream water rights holders to finance it's administrative expenses and special fees to retire water riqhts. It may also levy fees for permits, registration, ~tc.. Mr. Davenport said one .,point they have been trying to get, and which may conflict with the interest of the City of Schertz, is for non well owners to acquire a permit in their own right. He said the City of San Antonio has opposed this because of their water contracts and he did not know if it would pass. .---' IG~ Mr. Davenport said he believed it is in our best interest to support this legislation because without it we would not have a management plan and the Federal Government will come in and start withdrawing federal dollars. He said the governor is willing to call a special session if this bill does not pass the regular session. We believe Representative Kuempel will be very supportive of this bill. Mr. Sweatt said we all know that surface water is a big issue and there will be a lot of activity in leasing and buying water rights. Mr. Davenport advised they have begun construction of their water treatment plant, which will be an alternate source, using Guadalupe River as a base. Council then discussed this issue at length. Mr. Greenwald said this bill will have an impact on everything - industrial, housing, farming, etc. and we must come up with an alternate source of water. #3 Discuss funding for Animal Control Building sign. Mayor Sawyer said Mr. Sweatt informed him that we do not have the money to put up the sign. Mr. Sweatt recommended transferring $4,000 from 1990 Certificates of Obligation. In the bond issue, we did list a number of projects and did not earmark the dollar amounts. Among the list was the funding for a fueling system and you will recall that soon after issuing these bonds, the decision was made to remove our old tanks and go to using a commercial fueling service, which has proved quite effective. But those funds, after removing the tanks and other related expenses, remain at $49,683.26. As we do not anticipate reinstituting the fueling system, we ask that you allow us to transfer $4,000 of those funds for the purpose of building a sign in front of the animal shelter facility similar to the one in front of our city hall building. There was some change-board sign main arteries. discussion of the effectiveness on the top, since this will be of off the the Mr. Sweatt said staff feels it would be beneficial and the bidder said they would only subtract $200 to remove the display board from the top of the sign. After further discussion, Council building the sign but did feel proposals before accepting one. had no we should problem with get further #4 Discuss awarding bid on City Replacement. Complex Roof 158 Mr. Sweatt advised that there was money in the budqet to complete reworkinq the roof of the Municipal Complex buildinq. With this project, we will complete foam coatinq the entire buildinq. We beqan two years aqo usinq this foam and are very pleased with it. Mr. Baldwin said he was still concerned that we only qet one bid when we go out for proposals. *5 Discuss agreement with other taxinq jurisdictions regarding Schertz Parkway Tax Increment Financing District. Mr. Sweatt reminded that a public hearing was held after discussing this with the School District and the County. After drawing up the agreement, we sent copies to both the School District and County, asking them to contact us if they had any questions and to return it by the 21st. He said we have heard back from the County and they have executed the agreement. We have heard from the School District but do not have a signed agreement. Mr. Baldwin explained that they are waitinG to see how they will be effected by the state fundinq before siqninq the agreement. He said they should have some idea by June 1st. After further discussion, Mayor Sawyer sUGqested holdinq off on this until some time in June so that Dr. Steele can be contacted on this matter. *6 Discuss final consideration of an ordinance granting a franchise to Paragon Cable for cable service. Mr. Sweatt mentioned that it seems this has been discussed for months; however, at the next meetinq Council will consider the final readinq of the ordinance extendinq a franchise to Paragon Cable. This is a fifteen year franchise that proposes to beqin November 9, 1992, which will be a common date for a number of cities in the area. This franchise does allow us to take advantaGe of technoloqical improvements. We have received no negative comments on this franchise; therefore recommend approval. Mr. Potempa asked about the 10% discount he had read about. Mr. Sweatt said he would have that information at the next meeting. *7 Discuss 5-18-93 BOA Hearinq on a request by Sue Martin of 2705 Hidden Grove Lane for a Special Exception allowinq her to extend a deck and cover 4' into the required rear yard setback. Mayor Sawyer advised that Planninq & zoninq has heard this case and recommends approval after holding the public hearinq. As there were no comments from Council, Mayor Sawyer asked that this be set for May 18th meetinq. ~I r.~ L' ~ ,; , #8 Discuss proposed updated Comprehensive Plan as presented by the Planninq & Zoninq Commission. Mayor Sawyer felt that Planning & Zoning had worked quite extensively on this document. Mr. Greenwald said the basic thought was for Councilmembers to take two or three weeks to go over this Plan and if they have suggestions or changes, get them back to P&Z as this is just a draft. Mayor Sawyer received approval of Council for this to be brought back in about three weeks. #9 CITY MANAGER'S REPORT: A. Reminded Council of the Texas Department of Transportation's I-35 Opening Ceremonies at 10:00 a.m. on May 17th at the Schertz Parkway overpass. B. Also reminded that on Friday, May 14th at 10:00 a.m., there would be a Pre-construction Conference for the FM 3009 Project with contractors, engineers, utilities, etc.. C. Called to Council's attention that staff is continuing discussions with Randolph Air Force Base for use of Lower Seguin Road. He added that we need to get load zoning on this road and do it fast. D. Reminder that the Schertz Pool will be opening Memorial Day with schedules and lessons information to be in the next Newsletter. #10 ITEMS BY COUNCIL: Mr. Potempa asked if the City is still working with Beck Concrete about the dirt on FM 78. Mr. Sweatt said he had it on his list to remind them it needs sweeping again. Mr. Greenwald advised that he and John Bierschwale attended their first official meeting as directors of the Canyon Regional Water Association. The ground-breaking of the treatment plant will be on the 20th of May, with the schedule of completion in June of 1994. There are still a lot of questions to be answered. #11 ITEMS BY MAYOR: A. The Heidi Search Center will have an Open House on May 22nd. B. He attended ceremonies at the High School where they awarded some 80 teenagers, who attended Teen Court, with certificates. This is really a worthwhile project. Some of the children are sentenced to work at Autumn Winds and find it so rewarding they go back after the sentence is over. 100 C. He had received a letter from the owner of Batter Up concerning last year's fireworks fallout littering the Batter Up, and wanting to make sure it doesn't happen again this year. He asked that the fireworks display be moved so that the debris will not fall on his property. #12 ADJOURNMENT: meeting was declared Sawyer. There being no further business, the adjourned at 8:36 p.m. by Mayor ATTEST: I? ~J rv/i. ~J----.-- ~;or, City of Sch~Z, TX rx. L-JJkP'~ Ci~s~cretary,vCity of 9shertz