ccreg 01-06-1998
e
.
.
SCHERTZ CITY COUNCIL REGULAR SESSION
JANUARY 6,1998
The Schertz City Council convened in Regular Session on Tuesday, January 6,
1998 at 7:00 p.m. in the Municipal Complex Council Chambers, 1400 Schertz
Parkway, Schertz, Texas. The following members were present: Mayor Pro-
Tem Timothy Swinney presiding; Councilmembers Charles McDonald; Joe
Potempa; Norman Agee, Sr. and Ken Greenwald. Absent: Mayor Hal Baldwin.
Staff present were City Manager Kerry Sweatt and City Secretary Norma
Althouse.
#1 HEARING OF RESIDENTS: Those citizens wishing to speak on agenda
items (other than public hearing items) or items not on the agenda, will be heard
at this time.
.
· George Mower of 501 Brooks suggested to City Council that they appoint an
outside agency to investigate the staff. He has observed members of the
staff performing contrary to the best interests of the City. He cited several
instances such as an agenda not being posted for a BOA meeting, Mr. Long
not receiving a letter notifying him of a BOA meeting, and no one responding
to a FAX he sent the City requesting signs in Freeway Manor. He does not
feel certain members of the staff are working for the good of the citizens.
Mayor Pro-Tem Swinney informed Mr. Mower he will not see an investigation
of the staff. If you look at the staff, you will find many of them have years of
experience. He suggested to Mr. Mower that he channel his disgruntled
feelings in a different direction. This caused a brief confrontation between the
two of them. Mr. Mower then stated he thinks it's wrong the way Mr. Sweatt
runs the City. Mayor Pro-Tem Swinney responded by saying the City
Manager's position could be compared to a member of the Board of Directors
or CEO of a company.
Mr. Potempa commented he has been on the Council for eight years and has
served on different panels and boards of the City. He gets phone calls from
citizens all the time and keeps in contact with Mr. Sweatt regarding problems
these citizens tell him about. You can please only 50% of the population at
anyone time. He told Mr. Mower that every time he comes to a Council
meeting, he has something negative to say and then asked him why he never
comes with a pat on the back for someone.
Mr. Sweatt remarked he is not aware of anyone requesting signs for Freeway
Manor and also deplores Mr. Mower's attack on the staff.
.
-77-
.
.
e
. Helen Gutierrez of San Antonio spoke at this time. She said even though she
no longer lives in Schertz, it is home to her and she has nothing but praise for
Mr. Sweatt.
Ms. Gutierrez wanted to talk about the dedication of the xeriscape park in
honor of the Gutierrez family and expressed the desire to have Father Robert
Silverman bless the plaque. Knowing there is still a lot of work to do, she
asked the status of the dedication. After a brief discussion, Mayor Pro-Tem
Swinney suggested a Sunday afternoon sometime in April and advised Ms.
Gutierrez to check with Father Silverman to see if that's agreeable to him.
They decided to try for April 19 - the Sunday after Easter. It was decided a
public dedication would be nice and perhaps they could work with Rachel
Drady of the Herald Newspaper regarding an article about the ceremony.
. Scott Pittard, representing Selma Musical Starplex, spoke about plans he has
for an ampitheater on the Cibolo Creek. He would like to turn the creek into
something similar to a riverwalk and plans to hold lots of civic events and
concerts in the ampitheater.
#2 PUBLIC HEARING: To receive citizen comments on a request from the
Staudt family for a Specific Use Permit allowing them to put horse stables on
Ware-Seguin Road.
. Mr. Sweatt reminded Council this public hearing was originally scheduled in
December, but was rescheduled so members of the Staudt family could be
present to answer questions. He then pointed out the location of the property on
the map and mentioned it is a 14 plus acre tract of land with a current zoning of
RIA.
Mayor Pro-Tem Swinney asked if noise from jets taking off from Randolph AFB
would spook the horses and Mr. Staudt replied not to his knowledge. Mr. Sweatt
and Mayor Pro-Tem Swinney determined this location would be approximately
one and one-half to two miles from the end of the runway.
Mr. Staudt advised they have no real plans to this point because they were
waiting to see what the City had to say about their request. Some concern has
been expressed about a smell in the area, but they will try not to make that a
problem.
.
Mayor Pro-Tem Swinney asked how many horses they're talking about and Mr.
Staudt replied they will probably start with 16. Mr. McDonald questioned if there
should be a limit on the number of horses for this acreage. He hates to see 100
horses on 14 acres. Mr. Staudt replied they will monitor that, but did point out the
property is zoned RIA and you could have more than 100 head of cattle on 14
acres.
-78-
00>
..... C
a>:i:
.:::t:.-
.- m
-.....
.
"O~
;:, -
~I
..... .....
;:, m
..a-
m
.....E
m._
a> C
;:, m
i:>,.
'-CO>
a> m.S
..c:Eo
..... 0>
:5 ~.~
.~ ..c: ~
E ~ E
a> om-
-cE
..a .:::t:.
e 0 a>
0.......:5
o ~ a>
c=ID
m"O-,=
m-:s:
..c:;:,
a> ~ ~
..c:>g
"0 a>.:::t:.
a>Io
..... .....
~ .a>
.- c.:::t:.
"Om=
.5 Ci "0
:Q26
m.- :s:
c.5
o'Q.;"O
ca"Offi
:Em-S
~ a> 0
00:::::Q)..a
.o::::mm
.
.
~O>
:E .5
"0:2
c'-
ma>
a>>
-m
a...c:
o
~.~
'-
a>:>,
..c:a>
.......c:
0.....
'--
a.-
-
m"O
a> ~
..a .-
m ;:,
.....0'"
m.5
a> C
:5 a>
.......c:
;:,.....
oa>
.....a>
CO>
~<(
o .
.....'-
.~ :E
a> ._
m ..... .-
o U ~
e-~:>,
;:, '- a>
0..8:5
a>m"O
:5+'-0
_m.....
. - ..c: m
"O.....~
~-g:S:
m .- "0
mCic
a>Q)m
a> '- m
0>..... Q)
<("0:;::::;
;:,=
m'-
~.....u
:ECf.)~
:t:::
"0
.~
a.
~
.....
"0
;:,
m
.....
Cf.)
~
:E
"0
C
m
a>
..a
.en
m
<l)
U
U
m
m
"0
m
e
a>
..c:
.....
~
"0
~
m
m
:>,
a>
c
c
.~
Cf.)
E
a>
~
e
a..
'-
o
:>,
m .
:E .~
Q)
..c:
.....
~
;:,
m
c
~o
mgJ
E~
.90
0>.....
C ;:,
~o
a>.....
a>0
E c
m
~~
.....m
m a>
m r!!
~~
a><D
..c: ~
"O:!:
a>~
c a>
gI
c
a> ~
E.g
-0
~"O
=m
O..a
a..m
oa>
->
,~~
..c:.....
Uo
_c
:5"0
.E "5
Cf.)~
~m
'- a>
a> '-
-,m
c.....
o a>
a>
0> '- .
.....-
cm::
,- ~
.~ a> .
-..c:-
"O.....~
c m a>
mm:>,
a>Ea>
mu..c:
;:,m.....
~:>,~
....t;:,
w a> m
0> 0.......
.5 e g
"0 a. m
.S a> -
..a..c:a>
.......c:
c.....-S
o..c:..a
o>g> _
.5 0 a>
c ..a m
c ;:,
m:>,o
-a>..c:
o....c: m
m.....
.- 0>
a> "0 c
..c: a>.-
'-"0
-g>::
.- :s: ;:,
i5m..a
;:,c-
mmo
(i5.....c
"00
. ;:,:;::::;
'-mc
:E.....a>
"OCf.)"E
a> ..-
.:::t:.'-a>
m:E..c:
m .....
m ...c:
:>, .....
0.. t ''5:
E a> ::>
a> a. m
oe:c
a.. 0.......
. a> E
'::::..c:e
.0::::....._
"E"O
a> c
> m
~:>,
a.~>-
omt
.....'-0).
0..
.....~o
..c: '-
,2> ~ 0..
C a> a>
>..c:
..... .....
ma>c
.~ 0
a>-
'-.....a>
a>- :>,
..c:ca>
......gc
a> :>, m
..a a> 0>
_ ..c: .5
-.....0..
.~ "0 a>
a> a>
a>=.:::t:.
c 0.. 0
oa>.....
:>,'-
c.....a>
m"O..a
;:,m
_ma>
.- ..... a>
Cf.),-
"0 .0>
a>'-m
c :E a>
.Q ..a
.....
m '"0
a>..!!!-
;:, m ;:,
O"'.~ ~
C C '-
a> m 0
..c:a>..a
.......c:..c:
..... 0>
m .-
0.. - a>
E 0 c
a> E m
.....mm
0=0..
a..mm
"O..c:
. c '-
'-ma>
:E>o..
,~
..a
;:,
0..
a>
:5
"0
a>
m
o
U
:>,
a>
c
c
.~
Cf.)
E
a>
~
e
a..
'-
o
:>,
m
:E
ui
c
o
:m
a>
;:,
0'"
'-
a>
..c:
1::.
;:'a>
-E
0.-
c.....
rn
0>:E
c.....
.- .....
a> m
..a 0>
~.5
a> '-
..c:m
I-~
.
m
'-
.E
:>,
'E
~
.....
"0
;:,
m
.....
Cf.)
a>
..c:
.....
E
e
-
.....
m
a>
;:,
0'"
~
a>
>
o
..a
m
c
o
c
o
U
m
~
m
.....
"0:::
c E
m '-
a>
IDa..
"0 a>
.- m
~::>
o u
Uij:
'0
a>
('1)0..
=l:tCf.)
uQ).:::t:.mm
ij: '- - .-
'0 .E ~ 0 ..c:
a>a>a>-~
0..00 E m ~
Cf.) > "0
m-cj~e..c:
'- co o..:t:::
ooc2-~
~ "" a> \U
:>, L.L. a> a> m
- ..a 0..
'E .5 :5 E
~S,-gc2
.....a>..c:oo
"OCf.) ma..
;:, a>1 a> c .
m '-0'-
..... ffi a> .- :E
Cf.)>:5~
a>>"O-=-cj
:562~"5
E 0'-0
mc.....u
oa> ;:,:>,
.:: :0 :>, 0.. a>
Ci)~~ffi:5
a>mcu"O
;:, . '5:
0'" Q) ::> :>, ~
a> r!! Cf.) a> .-
'- 0 ..c: >
a>..c:E....."O
..c: a> ~ m
..... ..... .....
a> 5.~-gro
> O'-Q)
e 0 a..'- a> ~
0.. ..... "0 Cf.)
o..E'-c
ma>og~
o ..c: :>, :S: :E
..........m"O
"0 0>:E c -'
a> c _ m .-
>.~ Q) m E
oo..c:ca>
E=toa..
mm~Ua>
0.. :t::: .C m
EE~Ci)::>
2'-a>m~u
o .- c
a.. a.. 0>..... 15 0
C;:' a>.-
. a>._ 0 .....0
.E m 0 ..a 0.. E
.0:::: ::> 0> m Cf.)
a>.....I.O=..c:
..c: ;:, ('I) . '5: U
..... 0.. ::> .-
g>.9~~~
.S; E O..c: -
o "O.....c
'- a> 11\ :> 0
o....c: "" > ~
0....... ~ 0 0
mo>o..c:E
-Cm-
o ''5: 0 "0
::> a> a>
60..am"O
.- m - a> c
.....0 '5"0 a>
..... >.- E
E.E :>, a> m
m a>'- (l) E a>
c ..c: 0
. - a.. ..... m ..c:
0> .....
.- a> "0 ..c:
'- a> "0
om.....:t:::a>
(/)::> m ~ "0
tuu;:':>,c
0.. ij: .9-..... R
E '0 Ci) C3 CD
a>a>"O m
o o..c~"O
a..Cf.)m.....-
ro
.m"Oa>=>
'- m"O>
:E 5 0.- ffi
"O~a::~a>
c ~ c a lr. (/)
a> .- .- 'oJ a>
EEs,o '0
m~a>""'~>
o ..... Cf.) "Oa> 0>
....."0 1 C
"0 ;:, ~ a> <D''5:
a>mmc.....::>
>(i5>"O(/)O
o >cro-
Ea>cm3:.E
"0:5 0 :>,a>~
-E(/)=..c:.....
m a>m.....
c 0 - .- _ ..c:
O'-..a:t:::o.....
~ m c ''5:
a ..... .- ::>
uCi)(/)mm"O
00:::::a>a>a>0a>
.0:::: ;:, (/) mo... c
~O"''-'-(/)'-
00::::: a> 0 0 .- m
.o::::,-..c:..c:"OU
"0
~
c
a>
a>
'-
(!)
"0
C
m
a>
a>
~
cO
0..
E
a>
.....
o
a..
"0
ro
c
o
Cl
u
:E
m
'-
a>
..a
E
a>
E
'0
c
;:,
o
U
Cf.)
w
~
I
'"
'"
I
a>
c
o
Z
Cf.)
~
Z
.
.
.
.
Mr. Greenwald then told Council that Planning and Zoning had informed the
Staudt family they would have to come back with a Master Plan before going
ahead.
#4 ORDINANCE: Consider and take action on final reading of Ordinance
approving Tax Abatement and Tax Abatement Agreement with Lone Star Pet
Supply.
The caption of the ordinance reads as follows:
ORDINANCE NO. 98-T-1
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS APPROVING A
TAX ABATEMENT AND A TAX ABATEMENT AGREEMENT FOR AND WITH
414 LLP, A TEXAS CORPORATION, ON BEHALF OF LONE STAR PET
SUPPLY, AND A PROPERTY OWNER IN THE CITY OF SCHERTZ.
Mr. Sweatt advised this tax abatement is for 86.66% over a five-year period of
time. They will be locating in the Tri-County Business park and seem excited
about moving here. The City is glad to have them.
.
Mr. Greenwald moved to approve the final reading of an Ordinance approving a
Tax Abatement and Tax Abatement Agreement with Lone Star Pet Supply. Mr.
Agee seconded the motion, which carried with the following votes:
AYES: Councilmembers McDonald, Potempa, Agee and Greenwald.
NAYS: None.
#5 ORDINANCE: Consider and take action on final reading of Ordinance
approving a Tax Abatement and Tax Abatement Agreement for and with
Interplastic Corporation, and a Repealing Provision.
The caption of the ordinance reads as follows:
ORDINANCE NO. 98-T-2
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS APPROVING A
TAX ABATEMENT AND A TAX ABATEMENT AGREEMENT FOR AND WITH
INTERPLASTIC CORPORATION, AND A REPEALING PROVISION.
.
Mr. Sweatt reminded Councillnterplastic had previously been granted a 35.66%
tax abatement for a five-year period of time, but then asked for an acceleration.
The acceleration would be for a three-year period of time with the first year being
a 90% tax abatement, the second year being a 60% tax abatement and the third
year being a 35.60% tax abatement.
-80-
.
.
.
Mr. McDonald moved to approve the final reading of an Ordinance approving a
Tax Abatement and Tax Abatement Agreement for and with Interplastic
Corporation, and a Repealing Provision. Mr. Potempa seconded the motion,
which carried with the following votes:
AYES: Councilmembers McDonald, Potempa, Agee and Greenwald.
NAYS: None.
#6 BID AWARD: Consider and take action on awarding bid for sewer line to
serve Schertz Bank location.
Mr. Sweatt related this project has been discussed for quite some time and they
understand there is a tentative agreement between the property owners of the
Schertz Bank, Jesse Hellums and the John family to share the cost on a
percentage breakdown with the Tax Incremental Financing District. While the
City will not be providing funds for the project, in order to accomplish the
arrangement, collection of funds and contract administration, it is appropriate we
concur with Ford Engineering and the Public Works Department in awarding the
bid.
.
Mr. Sweatt went on to say the project will consist of furnishing materials for
approximately 2,500 linear feet of sanitary sewer mains and required manholes
along IH-35. Four bids were received and it is recommended the contract be
awarded to Ella Contracting Co. in the amount of $60,248.91.
Mr. Sweatt observed that even though there's a tentative agreement, they're not
sure the John family will come up with the funds. Mr. Hellums is committed and
they feel he will keep his end of the agreement. If the John's don't come up with
their share of the funds, then the City will take $830 from the Capital Recovery
fund.
Council had received a copy of a letter in their packets from Sun Belt Engineers
on behalf of the City of Selma. Among other things it stated that a formal letter
from the City of Schertz requesting authority to install the line in Selma will
probably be required, followed by some discussion as to who will own/service
and maintain the line after completion. The letter also mentioned that normally,
the City of Selma requires that the City Engineer design all water and sewer
facilities within its City limits. Mr. Sweatt reported a meeting with Selma is set for
Thursday and they will try to settle things amicably.
.
-81-
.
.
.
Mr. McDonald moved to award the bid for sewer line, to service the Schertz Bank
location, to Ella Contracting Co. in the amount of $60,248.91. Mr. Potempa
seconded the motion, which carried with the following votes:
AYES: Councilmembers McDonald, Potempa, Agee and Greenwald.
NAYS: None.
#7 CITY MANAGER'S REPORT:
. Announced that the new data processing equipment is being delivered and
starting tomorrow there will be no new entries until January 12th. There will
be some rudimentary in-house training and some specific training.
. Related the City received the GFOA award for the 1995/96 audit.
. Reported Mayor Baldwin is in good shape, is recovering from his procedure
and hoping to get out of the hospital tomorrow.
. Thanked the Council for their support regarding the criticism from George
Mower.
.
#8 ITEMS BY COUNCIL:
Mr. McDonald:
. Declared he is a candidate for the Justice of the Peace in Precinct 3.
. Remarked the drainage from Ashley Place is still not good. Mr. Sweatt
mentioned he had looked at it today and thought it was handling the drainage
pretty well. Mr. Greenwald asked about Berry Creek and Mr. McDonald
replied it looked okay.
Mr. Potempa:
. Stated he will be unable to attend the meeting next week.
Mr. Aaee:
. Mentioned that regarding all the remarks from George Mower, he ought to be
commended for keeping his mouth shut.
.
Mayor Pro-Tem Swinney asked if there is any way they can keep the staff from
trivialities and the consensus of Council was that unless it's something serious,
there's no use wasting time investigating each complaint.
-82-