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ccreg 03-06-01 REGULAR SESSION OF THE SCHERTZ CITY COUNCIL MARCH 6, 2001 The Schertz City Council convened in Regular Session on March 6, 2001 at 7:00 p.m. in the Municipal Complex Council Chambers, 1400 Schertz Parkway, Schertz, Texas. Those present were as follows: Mayor Hal Baldwin, presiding; Councilmembers Norma Head, Joe Potempa, Reginna Agee, Glyn D, Williams and Ken Greenwald. Staff present were City Manager Dewey Cashwell and City Secretary Norma Althouse. Mayor Baldwin asked everyone to rise and join him in the Pledge of Allegiance to the Flag. #! HEARING OF RESIDENTS Ray Elwood of7016 FM 3009 had signed up to speak about Technos, which is #6 on the agenda. He agreed to wait until that agenda item came up. George Mower of 501 Brooks had signed up to speak about antique vehicles. He said there is a discrepancy between the Transportation Code, which says an antique vehicle has to be 35 years old, and the Motor Vehicle Registration office, which allows you to purchase an antique license for a vehicle 25 years old. This adds an additional 10 years of licensing and inspection for collectors. The definition of an antique vehicle should be made clear. Mayor Baldwin asked what the fear is here. Most collectors keep their vehicles in the garage. If, however, they let them set in the yard and let weeds grow up around them, then something should be done about it. If it's junk, then it's junk. Jack Huber, representing one of the ambulance companies on the bid for the ambulance, had signed up to speak and he agreed to wait until that particular item came up on the agenda. #2 PUBLIC HEARING: To receive citizen comments on request from Alpha & Omega Christian Church for a Specific Use Permit allowing a church at 513 Main Street. Mayor Baldwin explained the procedures to be followed for the public hearing. Mr. Cashwell indicated there is a need for a public hearing by Alpha & Omega and part of the challenge is limited parking and the narrowness of Exchange Ave. They have obtained permission from Schertz Bank & Trust for parking during certain hours. Notices were sent to 21 property owners within the required distance. One reply was received in favor ofthe request. r- Mr. Mower stated he saw no reason why the City shouldn't make them feel welcome. 108 There being no further questions or comments, Mayor Baldwin closed the public hearing at this time. #3 Consider and take action on above request for Specific Use Permit. Mr. Potempa moved to approve the request from Alpha & Omega Christian Church for a Specific Use Permit allowing a church at 513 Main Street. Mr. Williams seconded the motion, which carried with the following votes: AYES: Councilmembers Head, Potempa, Agee, Williams and Greenwald. NAYS: None. #4 PUBLIC HEARING: To receive citizen comments regarding proposed Tax Abatement Reinvestment Zone for Technos Incorporated. Mark Marquez explained that the Reinvestment Zone is required under A1jticle 312 of the Tax Code. Mr. Mower noted he is against all tax abatements (he doesq.'t want to pay their taxes) and the City should look at putting the brakes on tax abatements. There being no further questions or comments, Mayor Baldwin closed the public hearing at this time. #5 ORDINANCE: Consider and take action on first reading of Ordinance regarding Tax Abatement Reinvestment Zone for Technos Incorporated. Mayor Baldwin introduced an Ordinance and read the caption as follows: AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, ESTABLISHING THE TECHNOS REINVESTMENT WNE. Mr. Greenwald moved to approve the first reading of an Ordinance establishing the Technos Reinvestment Zone. Mrs. Head seconded the motion, which carried with the following votes: AYES: Councilmembers Head, Potempa, Agee, Williams and Greenwald. NAYS: None #6 ORDINANCE: Consider and take action on first reading of Ordinance regarding Tax Abatement and Tax Abatement Agreement with Technos Incorporated. Mayor Baldwin introduced an Ordinance and read the caption as follows: 109 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, APPROVING A TAX ABATEMENT AND A TAX ABATEMENT AGREEMENT FOR AND WITH TECHNOS, INCORPORATED, A PROPERTY OWNER IN THE CITY OF SCHERTZ. Mr. Greenwald moved to approve the first reading of an Ordinance regarding Tax Abatement and a Tax Abatement Agreement with Technos Incv'pv,..ted. Mrs. Agee seconded the motion, which carried with the following votes: AYES: Councilmembers Head, Potempa, Agee, Williams and Greenwald. NAYS: None. #7 ORDINANCE: Consider and take action on fmal reading of Ordinance regarding water rates. Mayor Baldwin commented they had gone over this several times. John Bierschwale, in conjunction with the Public Information Officer, has put out a very nice brochure. The Mayor then introduced an Ordinance and read the caption as follows: ORDINANCE NO. 01-F-5 BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS PROVIDING THAT THE CODE OF ORDINANCES OF THE CITY OF SCHERTZ, TEXAS BE AMENDED BY REVISING SECTION 19, EXHmIT 4, WATER RATES ESTABLISHED; PROVIDING AN EFFECTIVE DATE; AND PROVIDING A REPEALING CLAUSE. Mr. Greenwald moved to approve the final reading of an Ordinance regarding water rates. Mr. Williams seconded the motion. Mr. Cashwell indicated nothing has changed since the first reading was approved. Mr. Potempa questioned if there's any kind of a break for senior citizens. Mr. Cashwell answered he met with GRASP this morning and they will be making a program available for those citizens in need of help. At this time the vote was taken and the motion carried as follows: AYES: Councilmembers Head, Potempa, Agee, Williams and Greenwald. NAYS: None. 110 #8 ORDINANCE: Consider and take action on final reading of Ordinance regarding Junked Vehicles. Mayor Baldwin introduced an Ordinance and read the caption as follows: ORDINANCE NO. 01-H-6 BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS PROVIDING THAT THE CODE OF ORDINANCES, CITY OF SCHERTZ, TEXAS BE AMENDED BY REVISING CHAPTER 10, ARTICLE Ill, ABANDONED JUNKED PROPERTY AND PROPERTY FOUND IN VIOLATION OF ORDINANCE, SECTIONS 10-61 THROUGH 10-68; PROVIDING A PENALTY CLAUSE; AND PROVIDING A REPEALING CLAUSE. Mayor Baldwin then commented he defies anyone to explain to him why an antique vehicle should be exempt. Mr. Williams stated he thinks part of the problem is int';'.p.,;.;ation. Mr. Potempa suggested Inspector Chuck Padgett, who is present, explain it. The Ordinance doesn't pertain to antiques, it pertains to junk. Mr. Mower still felt the State law is being misquoted by Staff. Mr. Padgett explained the basic difference is the 10 years between two agencies as far as obtaining an antique license. The licensing bureau says 25 years and the Texas Department of Motor Vehicles says 35 years. Mr. Greenwald added if you have an antique tag, then driving is restricted. Mr. Cashwell emphasized the ordinance contains favorable language. It protects neighbors and separates junk and antiques; The interests of both homeowners and collectors are covered. Antique vehicles cannot meet the definition of junk vehicles. At this point, it seems everyone has duly said their peace. Mrs. Head moved to approve the final reading of an Ordinance regarding junked vehicles. Mr. Potempa seconded the motion, which carried with the following votes: AYES: Councilmembers Head, Potempa, Agee, Williams and Greenwald. NAYS: None. #9 ORDINANCE: Consider and take action on final reading of Ordinance regarding Tax Abatement and Tax Abatement with Embrey. Mayor Baldwin introduced an Ordinance and read the caption as follows: 111 ORDINANCE NO. 01-T-I0 THE CITY OF SCHERTZ, TEXAS, APPROVING A TAX ABATEMENT AND A TAX ABATEMENT AGREEMENT, BY THE CITY COUNCIL, FOR AND WITH TRINITY ASSET DEVELOPMENTrrRI-COUNTY LTD., A PROPERTY OWNER IN THE CITY OF SCHERTZ. Mr. Marquez explained Embrey is developing the project and Trinity is the owner. Mr. Cashwell remarked this Ordinance is in keeping with the City's guidelines. Mr. Greenwald moved to approve the final reading of an Ordinance regarding Tax Abatement and Tax Abatement Agreement with Embrey. Mrs. Agee seconded the motion, which carried with the following votes. AYES: Councilmembers Head, Potempa, Agee, Williams and Greenwald. NAYS: None. Mr. Robert Hunt was present representing development of this project. He said they develop in a lot of communities around the country and commends the City of Schertz for taking a pro-active view. Tax abatement is a very important economic development tool and the citizens are clearly the winners. He applauds Council's actions. Mayor Baldwin thanked them for locating in Schertz. #10 ORDINANCE: Consider and take action on first reading of Ordinance adopting Guidelines and Criteria Policy for Tax Abatement. Mayor Baldwin introduced an Ordinance and read the caption as follows: AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, ADOPTING GUIDELINES AND CRITERIA FOR TAX ABATEMENT AND RE- INVESTMENT ZONES. Mr. Cashwell advised the City's policy is a progressive one and the criteria would walk within the law and good practice. Mrs. Agee moved to approve the first reading of an Ordinance adopting Guidelines and Criteria Policy for Tax Abatement. Mrs. Head seconded the motion, which carried with the following votes: AYES: Councilmembers Head, Potempa, Agee, Williams and Greenwald. NAYS: None. 112 #11 BID AWARD: Consider and take action awarding bid for ambulance. At this time, due to a possible conflict of interest, Mayor Baldwin excused himself from presiding and Mayor Pro-Tern Greenwald took over the meeting. Mr. Cashwell explained they have information from several different sources. He has met with Mark McLiney and with V.J. Jain. Council first has to decide whom to award the bid to and then how to pay for the ambulance. There are several options: a. use proceeds from bonds (20 year obligation) b. direct portion of payments for next five years (consider stand alone) 6.375% interest c. issue new debt (5% - 6% interest) d. consider paying cash from Economic Development sales tax, diverting money from debt service on bonds Mr. Cashwell instructed Council if they choose which option of payment, then they need to decide which bidder. Consensus of Council was that option #4 is the best. Jack Huber, President of San Antonio Ambulance Sales, then spoke. His company sold the first ambulance to the City of Schertz. The City recently went out for bids and he was told his company was not the bid of choice. He has never had a complaint. He is a dealer and not a salesman. Every time there has been an incident, he has been there. His product has no exceptions to the specifications required by the City of Schertz. There was some discussion about problems with the City of Hondo. Mr. Huber claimed he had never been contacted by the City of Hondo about a problem. If he had been, he would have handled it inunediately, or the next morning provided them with a rental. Mr. P{,;,;....p.. then mentioned some trouble with ferrying and Mr. Huber indicated that was repaired inunediately. Mayor Pro-Tern Greenwald inquired what the City went out for bids on and was told a Type 3 Super Duty. Mr. Williams asked Bunny Sutherland from EMS if she has a problem with San Antonio Ambulance Sales and she replied she does not. Mrs. Agee then asked how many new purchases have been made from San Antonio Ambulance Sales and was informed by Mrs. Sutherland there have been three. Mrs. Agee questioned who evaluates the bids and Mr. Cashwell replied personnel within the City. Mrs. Agee moved to award the bid for a Type 3 Super Duty ambulance to San Antonio Ambulance Sales in the amount of $87,272, to be funded out of Economic Development Sales Tax. Mr. Williams seconded the motion, which carried with the following votes: 113 AYES: CouncHm..mbers Head, Potempa, Agee, Williams and Mayor Pro-Tern Greenwald. NAYS: None. At this time Mayor Baldwin returned to preside over the remainder of the meeting. #12 CITY MANAGER'S REPORT . Announced the Employee Remembrance Day Service on the first day of spring (March 20th at noon). . Invited everyone to the Open House at the Schertz Library on March 12th. This is an opportunity to see the new computers from Gateway. Refreshments will be provided. The time is 5:30 p.m. . Noted the Midweek Briefis in the packet. . Mentioned the Monday Morning Report is also in the packet. . Stated the inspection results have been provided. . Indicated there would be a new monthly report from Leonard Truitt in the next packet. . Advised a draft of the cover letter and Interlocal Agreements to various jurisdictions would be going out within the next couple of days. Mayor Baldwin inquired if those would be in the next packet and was told they would. #13 ITEMS BY COUNCIL Norma Head: . Wondered if we could use the same signs we're using for the water slogan to advertise the hazardous waste pick-up. Inquired if we own portables and was told we do. Joe Potemoa: . Asked who from the Inspection worked this past weekend and thanked them for a job well done. Mr. Cashwell admitted he did not know who worked. Glvn Williams: . Thanked everyone on Staff who participated in the ambulance bid process. 114 . Mentioned the food inspection report was not in the Newlsetter. Is that because it was full up? Mr. Cashwell did not know. . Commented he hadn't seen the ad for an EMS Director. Mr. Cashwell reported direction had been given to the Personnel Department to publish it. Ken Greenwald: . Related he got hold of Johnie McDow to come by and sign the addendum to the BVY A contract for the tlrree practice fields. #14 ITEMSBYMAYOR . Announced the Northeast Partnership would hold its meeting this Thursday and it is contingently scheduled at Dragon Lake in Universal City. . Reported a very successful meeting at Austin regarding the Edwards Aquifer Authority. #15 EXECUTIVE SESSION: Called under Chapter 551 of the Texas Government Code, Sub-Section 551.075, Personnel Matters, to deliberate evaluation of Municipal Judge/Court Administrator/Magistrate. An Executive Session was held from 8:38 p.rn. until 9:50 p.rn. # 16 Action, if any, on above Executive Session. No action was required. #17 ADJOURNMENT There being no further business to discuss, Mayor Baldwin adjourned the meeting at 9:51 p.m. ATTEST: ~ ~~ ~it ::Zet , City of Schertz 115