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ccswks 06-27-1990 252 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 05. ~ ~ i) 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. '\ ~ \. 254 *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 3 255 ,--- 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. \ \" II. 256 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. 257 #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 \ \ \ ~ ^ 258 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: