ccreg 12-01-1998
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REGULAR SESSION OF THE SCHERTZ CITY COUNCIL
DECEMBER 1,1998
The Schertz City Council convened in Regular Session on Tuesday, December
1, 1998 at 7:00 p.m. in the Council Chambers of the Municipal Complex, 1400
Schertz Parkway, Schertz, Texas. The following members were present: Mayor
Hal Baldwin, presiding; Councilmembers Pia Jarman; Joe Potempa; Timothy
Swinney and Ken Greenwald. Absent: Councilmember Norman W. Agee, Sr.
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.
#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.
No one had signed up to speak.
#2 PUBLIC HEARING: to receive citizen comments on a request from Timothy
and Sheila Fetter for a Specific Use Permit.
Mayor Baldwin explained the procedures to be followed for the public hearing.
Mr. Sweatt explained this request was reviewed by the Planning and Zoning
Commission and they sent it forward to Council recommending that a public
hearing be held. This Specific Use Permit would allow the Fetters to construct a
real estate office/residence adjacent to the Quantum Medical Building at FM
3009 and Ashley Oaks Drive. Four (4) notices were sent to property owners
within the required distance and none were returned either for or against the
request. Mr. Fetter is present tonight to answer any questions Council may have.
Mr. Fetter commented he really has nothing to add. It is basically a duplex
located on four acres. They have outgrown their space at the State Bank and
feel this is a good location.
There being no further comments or questions, Mayor Baldwin closed the public
hearing at this time.
#3 Consider and take action on above request for a Specific Use Permit.
Mr. Potempa moved to approve the request from Timothy and Sheila Fetter for a
Specific Use Permit allowing them to construct a real estate office/residence
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Mayor Baldwin expressed appreciation to all those who helped put this together,
#5 ENGAGEMENT LETTER: Consideration and approval of an engagement
letter between the City of Schertz, Texas and Fulbright and Jaworski, L.L.P;
authorizing the City Manager to execute this engagement letter; and other
matters in connection therewith.
Mr. Sweatt reminded Council they will not be represented by the City's regular
attorney, but rather by Jeffrey Kuhn of Fulbright and Jaworski.
Mr. Greenwald moved to approve an engagement letter between the City of
Schertz, Texas and Fulbright and Jaworski, and to authorize the City Manager to
execute the engagement letter, and other matters in connection therewith. Mrs.
Jarman seconded the motion, which carried with the following votes:
AYES: Councilmembers Jarman, Potempa, Swinney and Greenwald.
NAYS: None.
#6 ORDINANCE: Consider and take action on first reading of Ordinance
authorizing a Tax Abatement and Tax Abatement Agreement with Keaco, Inc.
Mayor Baldwin introduced an ordinance and read the caption as follows:
AN ORDINANCE
BY THE CITY OF SCHERTZ, TEXAS, APPROVING A TAX ABATEMENT AND
A TAX ABATEMENT AGREEMENT FOR AND WITH KEACO INC., A
PROPERTY OWNER IN THE CITY OF SCHERTZ.
Mr. Sweatt related this is a new company in our community. Mr. Mark Marquez
stated the tax abatement is pretty straightforward. It is for 33.42% over a five-
year period of time.
Mark Keats, President of Keaco, Inc. told Council they make packaging for
electronic components and their building should be completed in April. They also
have a web site.
Mr. Swinney asked if they have any hazardous chemicals or waste and Mr. Keats
replied they do no molding on site, it is farmed out to molders.
Mrs. Jarman moved to approve the first reading of an Ordinance authorizing a
Tax Abatement and Tax Abatement Agreement with Keaco, Inc. Mr. Greenwald
seconded the motion, which carried with the following votes:
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AYES: Councilmembers Jarman, Potempa, Swinney and Greenwald.
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NAYS: None.
#7 ORDINANCE: Consider and take action on first reading of Ordinance
regarding revisions to Tax Abatement Guidelines and Criteria.
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. Sweatt reviewed briefly what had been discussed at the workshop meeting
last week. This ordinance raises the bar by increasing the amount required for
each additional percent of abatement from $45.000 to $50,000; it removes the
caps placed on payroll and other revenues; it allows abatements for retail
establishments; and, it allows abatements for manufacturing firms specifically.
Approval is recommended.
Mr. Swinney moved to approve the first reading of an ordinance regarding
revisions to the Tax Abatement Guidelines and Criteria. Mrs. Jarman seconded
the motion, which carried with the following votes:
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AYES: Councilmembers Jarman, Potempa, Swinney and Greenwald.
NAYS: None.
#8 LEASE: Consider and take action regarding lease of water pumping rights.
Mr. Sweatt advised Council they have identified an additional 300 acre feet of
water available in Medina County from Ray Jagge and the Decock Farms, Inc. at
$85.00 per acre foot. This is the same rate as the 205.2 acre feet from the
Scheel family which was discussed at the Special Council meeting of September
23, 1998. It is recommended Council authorize execution of these agreements.
The lease period for the Scheel family is for the years 1999, 2000, and 2001.
The lease period for Ray Jagge and the Decock Farms, Inc. is for the years 1999
and 2000.
Mr. Greenwald moved to authorize the execution of lease agreements for 205.2
acre feet per year of water rights from the Scheel family for the years 1999, 2000
and 2001 and 300 acre feet per year of water rights from Ray Jagge and the
Decock Farms, Inc. for 1the years 1999 and 2000 at the rate of$85.00 per acre
foot. Mr. Swinney seconded the motion, which carried with the following votes:
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. AYES: Councilmembers Jarman, Potempa, Swinney and Greenwald.
NAYS: None.
#9 CITY MANAGER'S REPORT
· Stated he had reviewed the agenda for the workshop next week and there is
only one item if Council would like to consider not having the workshop. The
one item is discussion of the Specific Use Permit request from Paul Drega to
rent out a room in his house in Carolina Crossing. The Council could, by
consensus, go ahead and set a public hearing date on Mr. Drega's request
for January 5th. The consensus of Council was to set the public hearing date
on Mr. Drega's request for January .5th. The consensus of Council was also
to cancel the workshop which would normally have been scheduled for
December 9th.
· Reminded everyone of the Northeast Partnership event on December 9th at
the Live Oak Civic Center. Mrs. Jarman, Steve Simonson and the Mayor are
planning on attending. Mr. Potempa asked that his name be added to that
list.
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· Mentioned the Christmas Tree Lighting Ceremony is this Thursday at
6:30 p.m.
· Advised there is a new zoning map on the wall.
#10 ITEMS BY COUNCIL
Mr. Potempa:
· Wished everyone a Merry Christmas.
Mr. Swinney:
· Commented he's glad TXDoT is in a Christmas mood - the traffic signal at
the intersection of FM 3009 and Woodland Oaks Drive now has flashing
lights.
Mr. Greenwald:
· Asked everyone to take notice of the Christmas decorations. The volunteers
helped rehab many of them.
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#11 ITEMS BY MAYOR
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· Said if anyone's interested, the new price list for Paragon Cable is here.
· Commented he hopes they can make a good showing at the live Oak Civic
Center on the 9th. Plans are afoot for an Alamo Community College District
campus in the northeast quadrant. They were led to believe a site in
Converse had been acquired, but now there's talk about it being located in
Atascosa County. Mr. Swinney wanted to know if they would be offering
technical or traditional courses and Mayor Baldwin replied he did not know.
Mr, Sweatt felt they would respond to the demand.
#12 EXECUTIVE SESSION: Called under Chapter 551 Texas Government
Code, Sub-Section 551.072, deliberation regarding real property.
An Executive Session was held from 7:45 p.m. until 8:25 p.m.
#13 Consider and take action on Resolution approving a statement and petitiion
of condemnation regarding Raymond and Sheryl Kennett.
Mayor Baldwin introduced a Resolution and read the caption as follows:
RESOLUTION NO, 98-R-11
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
APPROVING A STATEMENT AND PETITION IN CONDEMNATION RELATING
TO RAYMOND AND SHERYL L. KENNETT.
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Mr. Greenwald moved to approve the Resolutiion regarding a statement and
petition in condemnation relating to Raymond and Sheryl L. Kennett. Mr.
Potempa seconded the motion, which carried with the following votes:
AYES: Councilmembers Jarman, Potempa, Swinney and Greenwald.
NAYS: None.
#14 ADJOURNMENT
There being no further discussion, Mayor Baldwin adjourned the meeting at 8:30
p.m.
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ATTEST:
Y#~-uu ~<2R./
City Secretary, City of Schertz
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czh~~
Mayor, City of S ertz, Texas