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ccswks 11-13-1991 52 , \ SPECIAL SESSION OF THE CITY COUNCIL NOVEMBER 13, 1991 The Schertz City Council convened in Special Workshop Session, Wednesday, November 13, 1991 at 7:00 p.m. in the Conference Room of the Municipal Complex, 1400 Schertz Parkway, Schertz, Texas. The following members were present: Mayor Pro Tern Hal Baldwin, presiding; Joe Potempa; Barbara Stanhope; Mary Marsh and Ken Greenwald. Staff present were City Manager Kerry Sweatt and City Secretary June Krause. #1 HEARING OF RESIDENTS: Mr. Bill Neller A. Mentioned that on November 5th had an election and they did not have the Baptist Church precinct open, which caused an inconvenience for some people. B. They again placed the flags on Main Street for Veteran's Day November 11th. He said that usually after Veteran's Day, he packs the flags away until May; however this year Randolph Air Force Base is having a big "do" on December 7th and if Council wishes, he will put the flags up on that day. Council agreed they should be put up on December 7th. C. Mr. Neller then presented a silver star he had made for the outside decorations for Christmas, saying he would be glad to make more of them if the Council so desired. Council said they would be nice but to check with the Christmas Decorating Committee for the number needed and the funds to finance the project. At this time, Mayor Pro Tem Baldwin asked if Council would mind moving to item #6 on the agenda so Mr. Davenport would not have to wait so long. They agreed. #6 Discussion of membership in Canyon Regional Water Authority. Mr. Davenport, representing the Canyon Regional Water Authority, passed out some information on the authority. He reminded Council that some time back he talked to them in support for a pipeline for Canyon Regional Water Authority. He indicated he would not go over the same material again regarding the Authority but would rather talk about some of the activities going on in water in the entire region. He noted that the document he had handed out gave the makeup of the Board, which is elected by the membership and a map showing the service area of the official members - Crystal Clear WSC, Green Valley WSC, Springs Hill WSC , East Central WSC and Bexar Metro and the two associate members Guadalupe Valley Electric Cooperative and S.S. Water Supply Corporation. He said that water is an issue that is very important and what he is talking to Council about is going to be a major crossroads decision. He said he would be going to the other cities and entities in the region making this same pitch. He added that the people involved in this --~ , ~.J~ water problem are varied and diverse. What is happening currently is that Guadalupe/Blanco River Authority and Sierra Club have filed a suit in Federal Court and Green Valley, as a member of CRWA, has intervened in that suit. In the suit, it is argued that all the people who pump Edwards water have to be regulated to some extent so the endangered species in Comal Springs are protected. Texas is the one single desert state that does not regulate ground water pumpage. We are under the old Mexican Land Grant theory that whatever you have underneath your land is yours and whatever above is yours. However, we have lost the "above" a long time ago. He said we are going to lose the right of free capture - the Sierra suit is the very thing that will drive us to that. This is really a state issue because whatever happens here is going to impact the entire state in terms of water regulation in the future. He said this is really not just about an endangered species. San Antonio goes along believing that what happens to San Antonio is not involved with the region but this is going to effect all of us. Mr. Davenport said there are things we can do to protect those springs and to protect the Edwards so that we can all benefit from it. We are at the point where people are going to start making decisions about what is going on with the Edwards. Mr. Davenport said he felt sure we would be receiving a cap on the amount of water that you are able to pump from the Edwards. He mentioned some of the cut back percentages that could come about. He said he felt the cities in this area (Cibolo, Marion, Schertz, Garden Ridge and Selma) are pretty much aligned with New Braunfels and San Marcos. He said we cannot allow this "Policy of Plenty Plan" because it is going to hurt us. He pointed out that according to the Edwards, Schertz does not exist - we are a water transporter only. He said that as far as San Antonio and the Edwards is concerned, we do not deserve the right to transport water. Mr. Davenport said he received a call this date from the Edwards Underground Water District and they are trying to get 25 entities to try to start talking again. He said Mayor Wolfe was trying to get the Council of Mayors started on this subject also. He said the pressure is on and he felt San Antonio now sees that something is going to have to be done. The region as a whole has to be looked at. As it stands right now, we are so dissimulated in Guadalupe County that we do not have a unified voice and no one is invited to attend those meetings. We need to start banding together and become a unified voice. The reality is that if Schertz is going to grow they will have to have water. Canyon Regional Water Authority, hopefully, is the round table in which we can come together. He said he had talked to New Braunfels about us joining together in terms of these mediations so that they will include us in their issues. He said the CRWA has a pretty good reputation with the Water Commission, they do listen to us and know that CRWA exists. Mr. Davenport said he believed that Schertz should join the ~. u~ CRWA. He pointed out on a map the water line they are proposing and felt sure at some point it would be built. He said they have fifteen board members at present and each time someone comes on board, they add three members. Mr. Davenport said it was important for Schertz to consider this and it needs to be done quickly. Within the next twenty-four months we are going to see a decision that is going to create a cap on the water and we will have a limitation on what we will be able to pump from the Edwards. Mr. Sweatt asked if the City of Schertz was interested as an associate or full member, where would we stand on the existing equity? Mr. Davenport said they had to go through the legislature and have had some legal fees and have done a lot of work. All the expenses today are in one pool. He said they broke it down where any body that joins will be charged $10,000 and it goes in the pool. He added that he did not feel that Cibolo or Marion could afford that, so they may have to revise that. An Associate Member is $250 and that only allows a member on the Board of Managers and information only - no voting rights. He did not recommend Schertz be an Associate Member. Mr. Sweatt said he had asked Mr. Davenport here tonight not to ask Council to make a decision but to hear him so that we could be a part of the decision process and not have a decision forced on us. Mr. Baldwin thanked Mr. Davenport for bringing Council up to date on the Canyon Regional Water Authority. Mr. Davenport said to just let him know if he should come back. He said they are working with the Bureau of Reclamation and are working with fire training facilities and a conversation plan. He said there are a lot of issues that he did not touch on. #2 Discussion of November 19th public hearing on a proposed amendment to the Zoning Ordinance regarding rear-yard setback for accessory buildings. Mr. Sweatt advised that this amendment is intended more for clarification than anything as in the past questions have been raised on the rear-yard setback when an alley or easement was involved. The ordinance now says an accessory building must be set three feet inside the property line. Owners with easements have questioned if they could place an accessory building in the easement. This amendment will clarify that by saying the buildings shall not be placed in an easement or within three feet of the property line. Mr. Potempa asked how that would effect Mobile Villa and was told that since they do not have easements, it would not effect them. --~ LJ #3 Discussion of November 19th public hearing on a proposed amendment to the Zoning Ordinance Article II, Section 6, Manufactured Homes. Mr. Sweatt amending the This is to mobile homes. said this includes some suggested wording ordinance dealing with manufactured homes. make a distinction between manufactured and Mrs. Marsh on a lot in requirements cannot make a asked if someone could put a manufactured home Oak Forest. Mr. Sweatt said if it met all the it could as the Federal regulations say you distinction. Mr. Potempa asked if by the same token. could someone purchase a lot in Mobile Villa and build a house on it. Mr. Willman said the distinction here is that Mobile Villa is a Mobile Home Park rather than single family dwelling district. #4 APPRAISAL DISTRICT: Consider and take action on casting the City's votes for Guadalupe County appraisal District Board of Directors. Mrs. Stanhope said that our nominee, J. L. Stewart, had called her and said he would like for Schertz to cast their votes for Mrs. Powers. After discussion, Mrs. resolution casting the Powers. Mrs. Stanhope with the following vote: Marsh moved to approve the City's 195.5 votes for Mildred seconded the motion, which carried AYES: NAYS: Councilmembers Potempa, Stanhope and Greenwald None #5 Discussion of Alamo Waste Inc. request. rate increase Mr. Sweatt explained that Mr. Gutierrez came to him several weeks ago with a request for a rate increase, which basically concerns tipping fees. Our contract anniversary date with Alamo Waste is in December; however last September the State raised the fees they collect from the operators of landfills; they, in turn, pass it on the users who pass it on to their customers. He said that based on a ratio of 50 cents a ton, that relates to apprOXimately a 6 or 7% increase. We have reviewed this with Mr. Gutierrez and have suggested a fee that recognizes the increased cost to them. Mr. about service Gutierrez reminded Council they had been in business one year and they have worked real hard to make their well received. He said this is home base for them 56 so he takes a personal interest in how they provide service and how they deal with customers. He said that last year their rates were 12% lower than those in 1989 and these proposed rates are still below the 1989 rates. He said they had a landfill increase of 26% to BFI. He said they need some help on the rates and their intent is to keep prices reasonable but still be competitive. Mrs. Marsh congratulated Mr. Gutierrez on their first year in business, saying she had not had one phone call all year. She said their employees are neat, tidy, courteous and friendly. She said it was unfortunate that the mandates of the State caused this increase. Mr. Sweatt added that the majority of the fee changes will be only 5% with the balance being 7% and there will be no change in the dry-material open container fees as that is hauled to Beck landfill and that type of landfill was not included in the mandated increase. Mr. Baldwin asked the status of Mr. Mr. Gutierrez said he had withdrawn Type 1 landfill and wants to go with dry materials. Gutierrez's landfill. his application for a a Type 4, which is for When asked about recycling, Mr. Gutierrez said the only thing that is of some value is aluminum. He said they haul glass and tin to Alamo Iron & Metals but the only thing they receive money on is aluminum. He said there is a recycling meeting in San Antonio on the 15th and he will attend. Mr. Potempa asked how this would affect other cities. Mr. Gutierrez said this rate is lower than Cibolo and the other anniversary dates are later in the future. Mr. Sweatt advised that looking at the billing cycles, we do not feel we could put this into effect before the first of January. #7 CITY MANAGER'S REPORT: A. Reminder of the "Turning-On" Ceremonies Friday at 10:00 a.m. for the Schirmerville water line project. We have asked our representative on Commissioner's Court and all the property owners in the area to attend. B. There will be an AACOG semi-annual meeting December at 9:30 a.m. This is a regular meeting and luncheon. cost is $17 per person and we will be glad to RSVP anyone interested in attending. 10th The for C. There will be a United Suburban Cities meeting on 21st in Leon Valley. the D. Economic Development Task Force Chairman Lewis Borgfeld would like to make some presentation of appreciation at the beginning of our November 19th meeting. ~ :-',.7 #8 ITEMS BY COUNCIL: Mrs. Stanhope said she had a call from a citizen who had nothing but praise for our police department. This lady wants Council to look at their salaries, which she feels are atrocious. Other Councilmembers said they also had calls from this same person Mrs. Stanhope announced that on November 24th there be a jamboree at the VFW with the proceeds going to research. would cancer Mr. Potempa said that at the next meeting he would like to present the Fire Department with a basketball back board and hoop. Mrs. Marsh: A. She asked if staff was still in the study phase of combined ticket of streets. Mr. Sweatt said yes that several study groups are developing information. B. Asked when they could expect to see the latest on the animal shelter. Mr. Sweatt said staff has made offer on the latest and should hear something the following week. He said he felt it would be accepted. Mrs. Stanhope asked the date of the City Christmas party. Mr. Sweatt said it would be on either the 13th or 20th of December and he would notify Council as soon as the date was confirmed. #9 ITEMS BY MAYOR: Mayor Pro Tern Baldwin referred to the article on Bill Hamm that was in the paper. He said he would like to see the Council do something when people really bring the City of Schertz into the limelight - it should be really first class presentation. #10 ADJOURNMENT: meeting was adjourned Baldwin. There being no further business, the at 8:55 p.m. by Mayor Pro Tem < AI. ~ ~~~~-~_._._---~..._-_.__.._-- Mayor Pro Tern, City of Schertz ATTEST: Schertz