ccswks 11-13-1991
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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
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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
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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.
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#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
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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.
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#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
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Mayor Pro Tern, City of Schertz
ATTEST:
Schertz