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SPECIAL MEETING OF THE CITY COUNCIL
JUNE 2 7, 1 990
The Schertz City Council convened in Special Workshop Session,
Wednesday, June 27, 1990, at 7:00 p.m. in the Conference Room of
the Municipal Complex, 1400 Schertz Parkway, Schertz, Texas. The
followinq members were present: Mayor Earl W. Sawyer, presidinq;
Joe Potempa; Hal Baldwin; Barbara Stanhope; Mary Marsh and Ken
Greenwald. Staff present were City Manaqer Kerry R. Sweatt and
City Secretary June Krause.
# 1 HEARIIIG OF RESIDElITS: A.
mentioned that last September he
ordinance on park land. He wondered
considered on this proposal.
Mr. Merwin Willman: 1. He
had submitted a proposed
if anythinq had been done or
Mr. Sweatt advised that there are a number of questions on which
there was some concern. He said he has talked with the City
Attorney and they still have some unanswered questions; therefore
he has not finished his recommendations at this time.
2. Mr. Willman asked if we would have someone check the school
zone siqns on FM 1518. He noticed that at 12:30 p.m. they were
blinkinq. Mr. Baldwin noted that summer school classes let out
about that time and Mr. Sweatt said he would check into this.
B. Mr. Dale of Antler Drive said that several years aqo when
Savannah Square was started, the bUildinq of houses and streets
has increased the water flow past the housinq on Antler Drive,
until now there is extensive erosion takinq place. There are
about six to eiqht houses involved. Mr. Dale stated that this
increase in water, due to the fact that the streets will not
absorb water, increases the water flow. This clearly is a
violation of State Water Riqhts Law #11.086. He said that on two
different occasions years aqo he had talked with some City
employees. One time a bunch of debris washed down and pushed in
his fence and the City sent someone to clean it up. About one
year aqo a painter's scaffoldinq washed down and went throuqh the
drainaqe pipes and aqainst the fence. He said he called aqain
and talked with the inspector and it was picked up. He said that
every time he talks to a City employee about the increase in
water, their response is that State law specifies that water must
take its natural course and you cannot deviate from that. He
went on to state that is only part of the law, it qoes on to say
that natural water cannot be increased. That is where this is
clearly in violation. He said he recently wrote a letter to the
City and qot a nice answer from Mr. Sweatt sayinq that there was
some studies beinq done. He said his feelinqs were that the
studies should have been done several years aqo before
construction started.
Mr. Sweatt said he did receive the letter and did respond and
have asked both our enqineers and enqineers for the reqional
subdivision to come back to us and develop the information they
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used to justify the platting and the drainage design at the time.
When the report is finished, we intend to sit down with our
attorney to determine whatever position we might have now and
then contact the property owners.
Mayor Sawyer said when they put the retention pond in, we were
assured that the retention pond did not change the flow of the
water.
Mr. Dale said his argument is that the roadways are dumping into
that retention pond and they cannot absorb water and there are
curbs that direct this water down to the retention pond.
Mr. Baldwin said the retention pond is to keep the flow from
being any more, over a given period of time, than it was before.
Obviously the streets are going to increase the total volume of
water, but it should not flow in any more quantity during that
period than it did before. Of course it will flow a longer
period of time.
Mayor Sawyer said we will take another look at it, as Mr. Sweatt
has said.
Mr. Dale also asked that Council look at the backyards of these
houses and see the actual damage being done.
Mr. Baldwin mentioned that Council did take a look at it after
one meeting, while it was raining.
Mr. Sweatt said the water law and drainage is a very complex
issue.
Mr. Baldwin said he did not see how we cannot do something
because the more building that takes place in Savannah Square,
the worse the problem will be. And, of course, if we are going
to do something, we need to do it now before the rebuilding of FM
3009.
Mayor Sawyer said we need to see what it is going to cost to
correct this problem if it can be corrected.
#2 Discussion of final reading of an ordinance amending the
Zoning Ordinance, Article XX, Section 2 Special Overlay District
Jack Hays Boulevard.
As there was no further discussion on this ordinance, Mayor
Sawyer asked that it be placed on the next agenda.
#3 Discussion of an ordinance amending the Zoning Ordinance
by rezoning 2.286 acres located at the southwest corner of
Schertz Parkway and Pecan Drive from General Business to R-SA.
There was not any discussion necessary on this item, so it will
also be placed on the next agenda.
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*4 Discussion of City Public Service Franchise.
Mr. Sweatt said we currently enjoy a franchise with CPS issued
in December 1983. It is a very simple franchise. As you know,
United Suburban Cities pursued with CPS a revision of the
franchise agreements. A number of the cities either never had a
franchise or the franchise has expired. After a long period of
time working on the agreement, the cities were offered a revised
agreement on May 30th, 1990. This is a standard franchise
agreement to all the cities, for electricity and gas, that
proposed an increase from 2% to 3% gross receipts tax to the
cities. The Council adopted the franchise ordinance on first
reading with major revisions. Among those we struck out gas,
wrote in conditions that provided for CPS to secure a permit to
cut streets, changed the terminology so that they were reqUired
to place improvements to their lines back in any condition in
which they damaged them~ waived fees for use of their poles and
several housekeeping items. We then furnished this revised
ordinance to CPS, and advised them that under the City's charter,
it is a requirement that CPS agree with these terms before it can
be considered by the City Council on the second and final
reading. Several other cities also made some of these same
revisions. Then last week we received a letter from CPS that
basically said we will not do that, we want to have a standard
agreement with all the cities. Basically they said take our
standard franchise or we will not increase the fee from 2 to 3%.
Since that time, several cities have approved the standard
franchise agreement. We are in a unique position as we have
three different utilities serving our city. CPS is a relatively
small service area, customer wise, right now. The increase of 1%
in the franchise amount, annualized to us is between $6500 and
$7000 per year.
Mrs. Marsh asked if our present ordinance required them to get a
permit. Mr. Sweatt said yes it does and our city is one of the
few cities that has a street-cut permit requirement.
After Council discussion, Mayor Sawyer advised that right now we
are better off with the agreement we have in place until the year
2003. He asked that a letter be sent adVising CPS that we do not
agree with their standard agreement and will stay with our
present agreement. Council concurred with this.
*5 Discussion of amending the Water Management Plan
pertaining to drought conditions.
Mr. Sweatt explained that we do have our current drought plan in
effect that was adopted by the Council back in 1989. .It sets
out, among other things, the different stages. Stage 1 is
initiated when the level in the Bexar observation well is at 644
feet, Stage 2 when the level is at 628 feet; stage 3 initiated
when the well is at 612 feet and then the water emergency is
based on some declaration regardless of the well levels. Stage 3
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becomes mandatory under circumstances when an additional
surcharge is implemented; stage 4, a higher surcharge and stage
5, even a higher surcharge - these related to number of gallons
used. We furnished this to the Edwards Underqround Water
District and asked for their review and comments and
recommendations. They have revised their own plan and have made
recommendations to us for additional requirements to our plan.
The basic requirements would change stage 2 as a voluntary and
make it a mandatory program, dealing with certain reductions in
pumpage.
Mrs. Marsh asked if everyone, besides us, was being given these
directives. Mr. Sweatt said the directions applies to everyone.
He said at this stage, the Edwards attitude is that we need to
adopt a base drought management program that is common to all the
entities. Then if some of the entities want to do more, it is
within their right and purview to do so. It is not just a
question of runninq out of water; but of conservinq and using for
the right things. We need to remember that we are talking about
conservation. He then went over the tables that shows the demand
reduction measures. Mr. Sweatt said that today we would be in
Stage 2, which is mandatory conditions that would deal with
outdoor water use. Our surcharging is a separate item; but we
feel it needs to be used to discourage frivolous use of the
water.
Mrs. Marsh asked if the Edwards is encouraqing, or saying that we
must conform. John Bierschwale advised that they have a plan
that has been approved by the State. As for the base plan that
we are in riqht now, since we are in stage 2 if we do not cut
back 10%, then they can put us in non-conformance and take us
into court.
Mr. Sweatt added that we need to do it because it is the right
thing to do, regardless of what the potential liabilities are.
He went on to explain that our current plan established the hours
of 7:00 p.m. to 10:00 a.m as permissible irrigation times;
however these new district measures stipulate 8:00 a.m. to 8:00
p.m. as acceptable times. In order to prevent confusion, he had
asked the District to accept our 7:00 p.m to 10:00 a.m. times.
Mayor Sawyer asked Council if they agreed that we need to get on
with these changes suggested. Since Council agreed, he asked
that the first reading be at the next meeting.
Mr. Sweatt asked that the ordinance have two readings to give us
time to advertise the changes and get the word out.
Mr. Sweatt advised that the Utility Department would be doing the
enforcing of this ordinance. John Bierschwale said that at first
they would give warnings to give time to get the word to the
public about the changes, then they would consider citations.
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Mr. Sweatt said that we are now passing out the water wheel and
will be making up a booklet to hand out that, in simple language,
explains the water conservation plan.
#6 Discussion of garage sale permit regulations.
Mr. Sweatt said the last time this was brought forward, Council
discussed a new system, in which we might issue both signs and
run a notice so that only officially sanctioned garage sales
would be permitted. We secured a lot of estimates and costs -
you will remember this was part of our cost request in
neqotiating for an official newspaper. One of the requests
Council asked of staff was to put together where, and what
kind, of signs would be permitted. Included in Council packet is
a description of the notice, statistic of the current numbers of
permits that are issued and a sample sign. Using this, the cost
is going to run about $10.00 per permit. This includes two signs
that would be basically in their yard and the notice in the
paper. Any other type advertisement would be unauthorized.
There is currently not a fee for permitting. The location of
the signs is the biggest point; current I y we tell people where
they may not put signs rather than where they are allowed. The
State now considers any sale above two per year a business and
they would be required to secure a sales tax permit. Probably
there would not be too much enforcement of that. We tried to
examine all the aspects Council mentioned; and after qathering
all this data, we really cannot recommend this system. The time
is part of it. As it is now they would have to get their notice
in by noon Friday for a sale the next weekend, and $10.00 is
quite an increase from nothing. We are a little concerned where
a person would get their ad into us, and then for some reason it
did not get published.
Mrs. Marsh asked about just using the official signs.
Mayor Sawyer asked an estimated cost it would be to ask the
inspectors to police this sort of thing on the weekends. Mr.
Sweatt said if we are looking for enforcement of this ordinance,
then we are looking at a substantial amount of overtime.
Council discussed, at length, the various ways the permitting of
garaqe sales could be enforced. It was decided to try selling
permits with two signs, one for the residence and one for another
location on private property. If there are any different signs,
pull them and notify the people they are in violation of our
ordinance. Strict enforcement for a couple of months should be
all that is needed as far as overtime is concerned.
Mr. Sweatt suggested making this a penal ordinance, it is not our
intention to use this necessarily to just cite, but we do not
want to eliminate the possibility if we have continual
violations.
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#7 Discussion of resolution officially changing the name of
Binz-Englemann Road to Boenig Drive.
There was no further discussion on this item.
#8 EXECUTIVE SESSION: Mayor Sawyer called an executive
session at 8: 42 p. m. under Article 6252-17, Sections 2 (e) and
(f) of Vernon's Texas Civil Statutes to discuss property
acquisition and possible litigation.
The Workshop Session was reconvened at 9:26 p.m.
#9 Consider and take action, if any, as a result of item #8
above.
Mayor Sawyer advised there were no comments or action necessary
on the possible litigation.
Mrs. Marsh made a motion to instruct the City Manager to proceed
wi th the purchase of the property for the terms negotiated by
him. Mr. Potempa seconded the motion, which carried with the
following vote:
AYES: Councilmembers Potempa, Stanhope, Marsh and Greenwald
NAYS: Councilman Baldwin, qualifying his negative vote by
saying he is against removing this property from the tax rolls,
as it will become valuable property when this area is developed.
#10 CITY MANAGER'S REPORT: A. Received a notice from TML
that any resolutions to be considered at the annual conference
should be sent to them by September 10, 1990.
B. The Swim Team will be holding their first meet Saturday. We
have gotten the insurance question resolved. The meet will start
at 9:00 a.m. on Saturday.
# 11 ITEMS BY COUNCIL: Mrs. Marsh: A. Reported on the
June 21st Economic Development Task Force Meeting. Among the
things discussed was the combining of the Business Club and Talk
of the Town directories; the July 4th booth - with Wal-Mart
donating some tables and racks; they had received some contacts
through LCRA and are receiving other calls i mention of the CPS
seminar; the intern program has ended but there may be some
additional funding for this; discussed ways they may want to
change the tax abatement and set the next meeting for August
23rd.
B. Gave a Chamber of Commerce report, listing the upcoming
activities.
C. Also reported on the Business Club meeting, including
discussions on the July 4th activities; the Hoedown at the
Overlander in Marion on July 12th; announced that Emmie Paulson
was selected "Miss Schertz Sweetheart"; Steve Simonson spoke on
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drouqht manaqement and Gail Douqlas qave a report on recycling;
and discussed scholarship.
D. She received a call from a woman concerninq swimminq pool
fees and lifequard waqes. She felt both should be hiqher.
E. Has the FM 3009 project been delayed? Mr. Sweatt said they
anticipate one year to obtain the riqht of way. Cibolo has been
led to believe there will be delays but we were told they are
ready to qo.
F. She received an inquiry about the school crossing liqhts -
couldn't they be turned off dur inq the summer and the siqns
covered. Mr. Sweatt advised that summer school qoes on all
summer but that he would look into it.
G. Mrs. Marsh showed Council a name taq she had desiqned and
would have one made up for Council consideration.
Mr. Potempa:
City Manaqer
Quarter.
A. Discussed the July 4th Jubilee and asked the
to provide name for the next Employee of the
Mr. Greenwald: A. Presented a copy of BVYA's financial
statement, statinq they are just finishinq up their fund-raisers.
B. There will be a softball tournament July 21-22. They will
not allow the kids to practice between 4 and 6 p.m as it is
entirely too hot then.
#12 ITEMS BY MAYOR: A. Requested Mr. Sweatt write a
letter for him welcominq the new ATC Commander to Schertz.
# 13 ADJOURlIMElIT: There beinq no further business, Mayor
Sawyer declared the meetinq to be adjourned at 10: p.m.
ATTEST: