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.
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Mr. Mower stated he saw no reason why the City shouldn't make them feel welcome.
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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:
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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.
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#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:
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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.
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#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:
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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.
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. 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:
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~it ::Zet , City of Schertz
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