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ccreg 05-05-1998 . . - CITY COUNCIL REGULAR SESSION MAY 5,1998 The Schertz City Council convened in Regular Session on Tuesday, May 5, 1998 at 7:00 p.m. in the Municipal Complex Council Chambers, 1400 Schertz Parkway, Schertz, Texas. The following members were present: Mayor Hal Baldwin, presiding; Councilmembers Joe Potempa; Norman Agee, Sr.; Timothy Swinney and Ken Greenwald; and Council member Elect Pia Jarman. Absent: Council member Charles McDonald. Staff present were City Manager Kerry Sweatt and City Secretary Norma Althouse. Mayor Baldwin asked everyone to rise and join him in the Pledge of Allegiance to the Flag. Following the pledge, a Proclamation was presented to the Community Council of South Central Texas Inc. declaring Mayas Community Action Month in the City of Schertz. The Community Council of South Central Texas Inc. was originally established under the Economic Opportunity Act of 1964. . Then Mayor Baldwin, on behalf of the Schertz Business Association, presented Employee of the Quarter plaques to Connie Silvers for the quarter of July through September of 1997 and to Donna Ruble for the quarter of October through December of 1997. Along with the plaque, both employees are entitled to a free meal for them and their significant other at any Schertz restaurant and also to a day off with pay, subject to approval by a supervisor. #1 APPROVAL OF MINUTES: Workshop Session 01-28-98 Regular Session 02-03-98 Workshop Session 02-25-98 Mr. Greenwald moved to approve the minutes for the Workshop Session of 1-28-98, the Regular Session of 2-3-98 and the Workshop Session of 2-25-98. Mr. Potempa seconded the motion. Mr. Agee noted that in the minutes of 2-25-98, under ITEM #7, ITEMS BY COUNCIL, 4th bullet down, he did not say he had submitted Mr. Sweatt's name in the competition for representative to the TML Board, but rather had asked Mr. Sweatt if his name had been submitted. The statement should be changed to read that way. Mr. Swinney noted that in the minutes of 1-28-98, under ITEM #7, ITEMS BY COUNCIL, second bullet down, T-38 should be changed to T-37. . -185- . . - Mr. Greenwald amended his motion to include those changes suggested for the minutes of 1-28-98 and 2-25-98. Mr. Potempa once again seconded the motion, which carried with the following votes: AYES: Councilmenbers Potempa, Agee, Swinney and Greenwald. NAYS: None. #2 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. No one had signed up to speak. #3 ORDINANCE: Consider and take action on final reading of Ordinance regarding parking regulations in the 500 block of Main Street. Mayor Baldwin introduced an ordinance and read the caption as follows: ORDINANCE NO. 98-D-6 . BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS PROVIDING THAT CHAPTER 18 OF THE CODE OF ORDINANCES, CITY OF SCHERTZ, TEXAS BE AMENDED REVISING ARTICLE V, STOPPING, STANDING AND PARKING, SECTION 18-90, PARKING FOR CERTAIN PURPOSES PROHIBITED; AND PROVIDING AN EFFECTIVE DATE AND A REPEALING CLAUSE. Mr. Greenwald moved to approve the final reading of an Ordinance regarding parking regulations in the 500 block of Main Street. Mr. Agee seconded the motion, which carried with the following votes: AYES: Councilmembers Potempa, Agee and Greenwald. NAYS: Councilmember Swinney #4 ORDINANCE: Consider and take action on final reading of Ordinance authorizing a Tax Abatement and Tax Abatement Agreement for and with Coronado Paint. . -186- . . . Mayor Baldwin introduced an ordinance and read the caption as follows: ORDINANCE NO. 98-T-11 BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS APPROVING A TAX ABATEMENT AND A TAX ABATEMENT AGREEMENT FOR AND WITH CORONADO PAINT, A PROPERTY OWNER IN THE CITY OF SCHERTZ. Mr. Agee moved to approve the final reading of an Ordinance authorizing a Tax Abatement and Tax Abatement Agreement for and with Coronado Paint. Mr. Swinney seconded the motion. Mr. Sweatt, before the vote, pointed out Coronado Paint is an already existing business in the City and they have chosen to expand. They will enlarge their warehouse space by 21,000 square feet. The Economic Development Commission has recommended approval of a 37% tax abatement over a period of 5 years. At this time the vote was taken and the motion carried as follows: AYES: Council members Potempa, Agee, Swinney and Greenwald. . NAYS: None. #5 ORDINANCE: Consider and take action on final reading of Ordinance authorizing a Tax Abatement and Tax Abatement Agreement for and with Alamo Packaging. Mayor Baldwin introduced an ordinance and read the caption as follows: ORDINANCE NO. 98- T -12 BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS APPROVING A TAX ABATEMENT AND A TAX ABATEMENT AGREEMENT FOR AND WITH ALAMO PACKAGING, A PROPERTY OWNER IN THE CITY OF SCHERTZ. Mr. Greenwald moved to approve the final reading of an Ordinance authorizing a Tax Abatement and a Tax Abatement Agreement for and with Alamo Packaging. Mr. Swinney seconded the motion. . Mr. Sweatt, before the vote, mentioned this is a new company to Schertz. They are relocating from San Antonio and Austin and Schertz will become their new corporate headquarters. They do customized packaging for customers. The Economic Development Commission has recommended approval of an 82.2% abatement over a period of 8 years. -187- . . . At this time the vote was taken and the motion carried as follows: AYES: Councilmembers Potempa, Agee, Swinney and Greenwald. NAYS: None. #6 BESCH PROPERTY: A. Remove from the table, action on the first reading of an Ordinance rezoning 77.19 acres of the Besch property from R-4, R-5 and OP to R-1. (tabled April 7, 1998); and B. Consider and take action on first reading of an Ordinance to rezone approximately 65.49 acres of the Besch property from R-5 and OP to R-1. A. Mr. Greenwald moved to remove from the table, action on the first reading of an Ordinance rezoning 77.19 acres of the Besch property from R-4, R-5 and OP to R-1. Mr. Agee seconded the motion, which carried with the following votes: AYES: Councilmembers Potempa, Agee, Swinney and Greenwald. . NAYS: None. Mr. Sweatt advised that when this rezoning request originally came before Council, it was the result of initiation by Planning and Zoning. At the last workshop there was discussion about leaving 11.7 acres out of the 77.19 acres zoned as R-4 because the owner of the property has had an offer for a sale of the 11.7 acres on which someone wants to build a nursing home and the R-4 zoning would be appropriate. The remaining 65.49 acres could be rezoned from R-5 and OP to R-1. Mayor Baldwin stated the Council needs to either vote down or approve the request to rezone the 77.19 acres. He then introduced an ordinance and read the caption as follows: AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE UNIFIED DEVELOPMENT CODE (UDC) ORDINANCE NO. 96-S-28 BY REZONING APPROXIMATELY 77.19 ACRES OF LAND OUT OF GUADALUPE COUNTY AND REFLECTING SUCH CHANGES ON CERTAIN ZONING MAPS IN ACCORDANCE WITH THE SCHERTZ UDC ORDINANCE. . -188- . . . Mr. Greenwald moved to approve the first reading of an Ordinance rezoning 77.19 acres of Besch property from R-4, R-5 and OP to R-1. The motion died for lack of a second. B. Mayor Baldwin then introduced another ordinance and read the caption as follows: AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE UNIFIED DEVELOPMENT CODE (UDC) ORDINANCE NO. 96-S-28 BY REZONING APPROXIMATELY 65.49 ACRES OF LAND OUT OF GUADALUPE COUNTY AND REFLECTING SUCH CHANGES ON CERTAIN ZONING MAPS IN ACCORDANCE WITH THE SCHERTZ UDC CODE. Mr. Swinney moved to approve the first reading of an Ordinance rezoning approximately 65.49 acres of Besch property from R-5 and OP to R-1. Mr. Agee seconded the motion, which carried with the following votes: AYES: Councilmembers Potempa, Agee, Swinney and Greenwald. . NAYS: None. #7 ELECTION RETURNS: A. Canvassing of General Election returns; and B. Consider and take action on Ordinance canvassing the returns and declaring the results of the City General Election held May 2, 1998, and declaring an emergency. A. Mayor Baldwin introduced Joseph Smith from the audience who had served as an Election Judge and Jerry Graham who ran for Place 2 on the Council. Mr. Sweatt added it is Mr. Smith's second year to participate in the joint election. Mr. Sweatt went on to say that included in Council's packets were the results of the early voting, the results of the May 2nd voting and the combined results. Mayor Baldwin stated that George Mower received 150 votes for Mayor, he (Hal Baldwin) received 545 votes for Mayor, Pia Yamaguchi Jarman received 533 votes for Coucnilmember Place 1, Joe Potempa received 394 votes for Councilmember Place 2 and Jerry Graham received 272 votes for Council member Place 2. A total of 701 votes were cast in the election. . -189- . . . After reviewing the results, Mr. Swinney moved to accept the official canvassing results as shown in the printed reports from the Guadalupe County Elections Administrator, J.R. Perez. Mr. Greenwald seconded the motion, which carried with the following votes: AYES: Council members Potempa, Agee, Swinney and Greenwald. NAYS: None. B. Mayor Baldwin read the entire ordinance as follows: ORDINANCE NO. 98-E-3 BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS CANVASSING THE RETURNS AND DECLARING THE RESULTS OF THE CITY GENERAL ELECTION HELD IN SAID CITY ON THE SECOND DAY OF MAY, 1998, AND DECLARING AN EMERGENCY. . WHEREAS, there came to be considered the returns of a City Council election duly and legally held in the City of Schertz, Texas on May 2, 1998; and WHEREAS, this City Council has diligently inquired into the poll lists and official election returns which were duly and lawfully made to said City Council by the Judge and Clerks holding said election; and WHEREAS, from said returns, this Council hereby finds that there were cast in said election, by those voters who were resident qualified electors of the City, the following votes: POSITION CANDIDATE VOTES George Mower 150 Hal Baldwin 545 Pia Yamaguchi Jarman 533 Joe Potempa 394 Jerry Graham 272 Mayor Council member Place 1 Council member Place 2 . and, -190- . . . WHEREAS, from the above tabulation and findings, this City Council further finds that there were cast in said election a total of 701 votes and that for Mayor, Hal Baldwin received a plurality of votes cast; and for Council member Place 1, Pia Yamaguchi Jarman received a plurality of votes cast; and for Council member Place 2, Joe Potempa received a plurality of votes cast; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: THAT, Hal Baldwin is hereby duly elected Mayor, Pia Yamaguchi Jarman is hereby duly elected Council member Place 1, and Joe Potempa is hereby duly elected Council member Place 2 on the City Council of the City of Schertz, Texas, pursuant to the election duly held within said City on May 2, 1998. THAT the public importance of this measure constitutes and creates an urgent necessity to comply with the State Election Law that requires this Ordinance be passed and take effect as an emergency measure, and shall take effect and be in force immediately upon and after its passage. . Mr. Greenwald moved to approve the Ordinance canvassing the returns and declaring the results of the City General Election held May 2, 1998, and declaring an emergency. Mr. Swinney seconded the motion, which carried with the following votes: AYES: Councilmembers Potempa, Agee, Swinney and Greenwald. NAYS: None. #8 SWEARING-IN CEREMONIES City Secretary, Norma Althouse, gave the Oath of Office to Mayor Baldwin and Council members Pia Jarman and Joe Potempa. #9 ORDINANCE: Consider and take action on first reading of an Ordinance authorizing a Tax Abatement and Tax Abatement Agreement for and with Genuine Parts. Mayor Baldwin introduced an ordinance and read the caption as follows: AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS APPROVING A TAX ABATEMENT AND A TAX ABATEMENT AGREEMENT FOR AND WITH . GENUINE PARTS, A PROPERTY OWNER IN THE CITY OF SCHERTZ. . -191- . . . Mr. Sweatt reported that Genuine Parts is a subsidiary of S.P. Richards which is a co-company of NAPA. They will be building a 134,500 square foot building in the Tri-County Business Park and are part of a $6,000,000,000 per year business. The Economic Development Commission is recommending approval of a 90% tax abatement for a period of 8 years and the ad valorem revenue ratio is 4.18 to 1. They will be bringing in a significant number of employees and we are extremely pleased to have them in Schertz. Karl Koenig, Director of Real Estate for Genuine Parts, passed around an annual report for Council to review. He stated they own a 7.3 acre tract of land and will be consolidating their San Antonio and Austin units into this facility. Mr. Koenig commented they feel their company is a winner for the City of Schertz and they are happy to be here. Mr. Agee observed that those people against tax abatement should be here to listen to the proposals for and against it. Even the Economic Development people in San Antonio recognize what we're doing in Schertz. Mayor Baldwin welcomed Genuine Parts to the City and said he looks forward to a long-term relationship. . Mr. Greenwald moved to approve the first reading of an Ordinance authorizing a Tax Abatement and Tax Abatement Agreement for and with Genuine Parts. Mr. Potempa seconded the motion, which carried with the following votes: AYES: Councilmembers Jarman, Potempa, Agee, Swinney and Greenwald. NAYS: None. #10 Consider and take action scheduling a public hearing for Cliff Johnson. Mr. Sweatt explained that under the new policy set by Council regarding public hearings, they are no longer using the fast-track method. They must now wait until Planning and Zoning holds their public hearing and forwards a recommendation to them before setting a public hearing date for Council. Planning and Zoning held a public hearing on April 28th on the request from Cliff Johnson to rezone approximately 31.030 acres from RIA to MH. They have recommended approval of the rezoning and sent forward a request for Council to set a public hearing on the request. According to the City Secretary, the earliest possible date that a public hearing could be held is June 2nd. . Mr. Greenwald moved to approve the scheduling of a Council public hearing for the 31.030 acres of Cliff Johnson property for June 2, 1998. Mr. Potempa seconded the motion, which carried with the following votes: -192- . . . AYES: Councilmembers Jarman, Potempa, Agee, Swinney and Greenwald. NAYS: None. #11 CITY MANAGER'S REPORT · Reminded Council that tomorrow at 5:15 p.m. the Grand Opening of the Guadalupe County Courthouse Annex is scheduled. They will conduct a tour of the new facility and refreshments will be served. . Announced he had been elected to the TCMA (Texas City Manager's Association) Board of Directors and it looks like a difficult year because of all the upcoming legislative issues. He reminded Council he represents the City of Schertz first. #12 ITEMS BY COUNCIL Mrs. Jarman: . · Congratulated the Mayor and Mr. Potempa on their victories and informed Council she had an imaginary opponent, but is happy to be here. She served on the Planning and Zoning Commission for the past five years. She jokingly stated her husband told her to tell the Council she is a woman of few words, but she just keeps repeating them over and over. Mr. Potempa: . Welcomed Mrs. Jarman to the Council, congratulated the Mayor on his victory, and commented he is glad to be back for another term. He thought the newspaper ran a clean campaign. . Distributed copies of a Tri-County Labor Survey, prepared by the Pathfinders Consultants, for the Greater New Braunfels Chamber of Commerce, the San Marcos Chamber of Commerce and the Seguin Economic Development Corporation. . Reported the TIF met yesterday and it appears everything is still on track for an August groundbreaking for the Schertz Parkway project. Mr. Aaee: . Noted he is glad to see Mrs. Jarman on the Council. He congratulated her, along with Mayor Baldwin and Mr. Potempa, on their victories. Noted he is also glad to see Mr. Harris in the audience - it has been a while. . . Related he cracked a rib and it hurts when he laughs. -193- . . . Mr. Swinney: · Congratulated the Mayor, Mr. Potempa and Mrs. Jarman on their victories. Remarked, in regard to Mrs. Jarman, he is glad to see someone on Council with knowledge of parliamentary procedure. · Expressed the hope that distributing candy at the 4th of July parade will not be a contentious issue this year like it was last year. He felt it would be a good project for Council to walk the parade route before the parade and distribute candy. Maybe they could get HEB to donate enough candy to fill up a rolling trash can. · Inquired about the status of a Proclamation for the Samuel Clemens football team. Mayor Baldwin agreed to get the statistics on the team for the Proclamation. Mr. Greenwald: · Welcomed Mrs. Jarman to the Council and also congratulated the Mayor and Mr. Potempa on their victories. #13 ITEMS BY MAYOR . · Congratulated Mr. Potempa on his victory and welcomed Mrs. Jarman to the Council. . Told Council they need to RSVP if they are going to sit in the VIP seats for the 4th of July parade. · Announced there will be a walk at the Cypress Bend Park in New Braunfels on June 6th to benefit those with Ataxia Telangiectasia, better known as A-T. The Madison family from Schertz has three children with A- T. There are several ways to participate. You can walk, or you can sponsor someone who is going to walk. He encouraged everyone to participate and said there will be food, an auction, and several celebrities present for the event. He hopes to have the mother, Amy Madison, a very dynamic person, at a future workshop to show a video and speak about the disease. At this time Jerry Graham, who had run for Place 2 on Council, congratulated all the winners. Mr. Graham stated that Sam Boswell, a former employee of the City, had produced a master plan for parks and recreation in 1980 and it had been revised in 1984 or 1985. He doesn't know what happened to it and it would be nice if someone could find it. Mr. Swinney commented the key to improving the parks is getting people out to vote for the next bond issue on the subject. . -194-