ccreg 05-05-1998
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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and,
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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.
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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. .
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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.
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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.
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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:
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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:
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· 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.
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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
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· 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.
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