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ccspecwksp 03-31-1999 . SPECIAL WORKSHOP SESSION OF THE SCHERTZ CITY COUNCIL MARCH 31, 1999 The Schertz City Council convened in Special Workshop Session on Wednesday, March 31, 1999 at 7:00 p.m. in the Municipal Complex Conference Room, 1400 Schertz Parkway, Schertz, Texas. Those present were as follows: Mayor Hal Baldwin, presiding; Councilmembers Pia Jarman; Norman W. Agee, Sr.; Timothy Swinney and Ken Greenwald. Absent: Councilmember Joe Potempa. Staff present were City Manager Kerry Sweatt and City Secretary Norma Althouse. #1 HEARING OF RESIDENTS: David Richmond had signed up to speak on Item #7 and chose to wait until that comes up for discussion. No one else had signed up to speak. #2 Discuss rejection of bids for Animal Control building construction. Mr. Sweatt reminded Council they have a letter in their packets from Jerry Mendenhall of Don McCrary Engineers and Durrant Architects recommending the single bid they received be rejected. The bid did not include all of the work and is 15% to 20% greater than they think it ought to be. . Mr. Greenwald suggested cutting it up into smaller packages and Mr. Sweatt admitted that might be a possibility. Mr. Sweatt also mentioned that in the past Public Works had bid on such an item, but they are too busy to do this project. He may speak with Don McCrary and Associates about an architect-at-risk or fixed-cost bidding arrangement. Council indicated their readiness for this item to be included on next Tuesday night's agenda. #3 Discuss awarding water line bids. Mr. Sweatt referred to the memo and the bid tabulations in the Council packets. He explained one of the sets of bids is for materials only and the other set is for labor. They have been successful in doing this in the past and it saves money. It is recommended the materials only bid be awarded to Municipal Pipe and Fabricating Co. in the amount of $100,420.87. It is recommended the labor bid be awarded to Allen Avery in the amount of $64,775.00. Mayor Baldwin questioned if the money is available and Mr. Sweatt answered it is. After being asked by the Mayor, Council agreed they were ready for this item to be included on next Tuesday night's agenda. . -130- #4 Discuss Alamo Holly request for tax abatement. . Mr. Sweatt advised that Alamo Holly received a tax abatement in 1995, when they first moved to Schertz, and it will expire in December 1999. They are planning an expansion of their business and have requested a tax abatement for that. The Schertz Economic Development Commission recommended approval of a 5-year abatement at a rate of 39% beginning January 1, 2000. Mr. Palmer from Alamo Holly requested a variance to accelerate the abatement process. The effect of the acceleration would be a 3-year abatement of 90% for the first two years and 15% for the third year. The Commission reviewed the request and unanimously recommended approval of the variance. Mr. Sweatt went on to say the City has been very pleased to have Alamo Holly as one of its businesses. They have a machine that makes hamburger patties for HEB. Mr. Swinney, referring to the letter from Mr. Palmer, which stated he would lease out about 6,000 ft., or approximately half of the proposed expansion, asked if there are any restrictions on the tenant. Mark Marquez emphasized it will be used mostly for storage. Mr. Palmer added one of the companies that may lease it for storage is Newlywed Foods which carries things such as spices and barbecue sauces. Council agreed they were ready for this item to be included on next Tuesday . night's agenda. #5 Discuss correction of agreement with Keaco Inc. regarding tax abatement. Mr. Sweatt related Council approved a tax abatement for Keaco Inc. on December 15, 1998. In order to correct documents to reflect actual ownership, the previous ordinance (98-T-35) should be repealed in its entirety and replaced with the ordinance enclosed in the Council packets. The owners of the property are actually Mark F. Keatts and Lori L. Keatts Living Trust who also own Keaco Inc. The ownership of the land and building is in the name of a Trust for federal tax and probate purposes. The Trust in turn will lease the building and property to Keaco Inc. This arrangement is similar to the one used by Rex Bornmann. No other changes are needed. Formal action does need to be taken on the ordinance. Mr. Swinney inquired about restrictions on a private entity, but Mr. Sweatt assured him there are none. Following Mr. Swinney's question, Council indicated they were ready for this item to be placed on next Tuesday night's agenda. . -131- . #6 Discuss FY 1998/99 budget amendment to fund local share of FEMA grants for disaster assistance. Mr. Sweatt advised Council they have a memo from him, in their packets, regarding this amendment. The assistance program requires a 25% match to the 75% federal funds. They are requesting Council authorize an amendment to the General Fund budget by appropriation of $73,003 from the Reserve Fund and $24, 773 (this is a correction to the $26,025 listed in the memo) from Water and Sewer Fund for the 1998 FEMA projects as approved to date. Mr. Sweatt further stated this money does not include the four mitigation projects or the Cibolo Creek Clearing Project. Mr. Greenwald asked if it includes the sewer line washout on Curtiss Avenue and Mr. Sweatt replied yes it does. Council indicated their readiness for this item to be included on next Tuesday night's agenda. #7 Discuss Greenshire Subdivision Homeowners Association request to locate sign in street right-of-way. . Mr. Sweatt advised Council they have a memo in their packets from him and a copy of a letter from David Richmond, 2921 Bent Tree Drive, on behalf of the Architectural Review Committee of the Greenshire Homeowners Association. Mr. Richmond states in his letter they are requesting permission to locate a small sign on City property at the intersection of Greenshire Drive and Green Valley Road. They plan to place an 18"x24" sign on a pole on the northwest corner (the front corner of Lot 1, Unit 2) to be seen by residents leaving the subdivision. The sign will remind everyone they are a deed-restricted community, and they also plan to attach a smaller 18"x12" sign announcing their monthly Homeowners Association Board meeting. Both signs will have a white reflective background with green letters in keeping with other subdivision signage. The sign will compliment a similar one on the entry island at the main entrance at Woodland Oaks Drive and FM 3009. Mr. Sweatt commented they have reviewed the request and have no objections to the proposed location subject to the following conditions: (a) any placement to be done outside the 25' triangular visibility area; (b) height not to exceed.6 ft., and placed sufficient distance inside the subdivision from the traffic signal at the intersection to prevent obstruction; and (c) placement not to conflict with vehicular or pedestrian traffic at this location. Mr. Greenwald noted if this sign is approved, the City may have a problem with other people putting signs up in City right-of-way, i.e., George Mower. . -132- Mr. Swinney mentioned that with the new construction in Greenshire by Kaufman Broad, residents on Osage are complaining about trash blowing their way. Mr. Richmond observed it generally comes from the sub-contractors and they have been made aware of the situation. Mr. Swinney asked if Kaufman Broad is responsible for the trash and Mr. Sweatt replied you have to catch them at it. Mr. Swinney then wondered if you could require them to put up a plastic fence. . Mayor Baldwin asked Mr. Richmond if they intend to move the sign when something is built on Lot 1 and Mr. Richmond replied no - they hope to work with the Inspection Department on that. The sign will be for residents to see as they are going out versus when they are coming in. Mr. Richmond then brought up another subject and asked if it would be possible to get a variance for a street cut. Mr. Sweatt replied he didn't think so. The street can never be put back to same condition it was in before the cut. He advised Mr. Richmond he could ask for it to be put on the agenda for consideration. Mr. Richmond said the reason he is asking is that when the subdivision was new they had lighting and a sprinkler system on both sides of the entrance. It is only on one side now since the widening of FM 3009. Mr. Greenwald inquired if it's possible to hook up to a house and pay them something per month. Mr. Richmond indicated it had been discussed. . After more discussion, Mayor Baldwin suggested the request for a street cut be placed on the agenda and be voted either up or down. The majority of Council agreed. Mr. Richmond wondered if it would be helpful to have the contractor attend the meeting when it's on the agenda, but Mr. Sweatt answered he didn't think that was necessary. #8 CITY MANAGER'S REPORT · Commented that the farewell dinner for Mr. Swinney will be either April 13th or April 21 st. Please let him know which date is best. · Stated they received no bids on the Shoe Shop. One person is supposed to let him know if he's interested. If not, it will be demolished. · Referred to the letter from Paragon Cable regarding nominations for a "Hometown Hero." Mrs. Jarman said to Mr. Swinney that she thought he had mentioned someone when they talked about this previously. Mr. Swinney indicated he thought either D.C. Morgan or Jack Halsey would be a good person to nominate for this honor. . -133- . . . · Related he and the Mayor have scheduled a meeting regarding the Cibolo Creek Clearing Project to get right-of-way clearance from the property owners along the Creek. #9 ITEMS BY COUNCIL Mr. Greenwald: .... · Remarked there is a company off FM 482 subdividing in the floodplain. They are in Coma I County and not in the City. · Noted BV A opened its season this past weekend. They need a small backstop area they can use for practice. After some discussion about this, Mr. Swinney wondered if it's too early to talk about another bond issue. · Advised that the developers of Greenshire presented their plat for Unit 9, which will officially build out the subdivision. · Stated he received an invitation for the AER grand opening, but it didn't have a date, a time or an address. Also, he got the invitation on Thursday, and the grand opening was on Wednesday. Mrs. Jarman: · Commented she enjoyed the Fitness Trail opening ceremony. It was very impressive. · Told everyone she has been getting lots of ads through the mail for assisted living. Mr. Swinney: · Asked if there are any numbers available on the pool attendance for the last few years. Mr. Sweatt replied he can get the numbers and then added there is a move afoot to have a pool built in Ashley Park. Mr. Swinney stressed the City needs to give first priority to its own citizens. He suggested maximizing the rates and making them non-competitive. · Mentioned the water policy and asked when restrictions set in. Is it at approximately 17,000 gallons per month? Mr. Greenwald said if you watch the Legislature and the Edwards, you will see a possibility of a new plan by the end of the year. Mr.. Sweatt expressed the hope that the regulations will be relaxed in approximately three years. There was some discussion about the 17,000 gallon bar being raised. -134 - · Suggested everyone get their City Manager evaluations to the Mayor by May . 1 st. They are using the same forms as last year. Mr. Aoee: · Asked if the status has changed regarding vehicle numbers on exempt plates. Mr. Sweatt promised to check into it. #10 ITEMS BY MAYOR · Mentioned the Fighting Fifth District of the VFW is having a ceremony on Sunday, April 25th at 9:30 a.m. and someone from Council needs to attend in his place because he has previous plans which prevent him from going. He checked with Mrs. Jarman and she also has a previous commitment, so he is asking for a volunteer. Mr. Swinney said he would check his schedule to see if it's possible for him to attend. At this time Council took a short break. #11 EXECUTIVE SESSION: Called under Chapter 551 Texas Government Code, Sub-Section 551.072, Deliberation Regarding Real Property. An Executive Session was held from 8:42 p.m. until 9:20 p.m. . #12 Consider and take action, if any, on above Executive Session. There was no action required. Before adjournment, Mr. Swinney brought up the idea of a town meeting on the non-smoking issue. During discussion about this, Mr. Swinney commented he would be content with only restaurants, but Mayor Baldwin said he was not content with only restaurants - he felt all businesses should be included. Mr. Swinney then offered to withdraw his suggestion if he is the only one interested. Mrs. Jarman advised him not to withdraw. Council decided on April 20th as the date for a public discussion on this issue. They also settled on the following wording: "To hear comments and recommendations regarding smoking in buildings open to the public." Versus advertising it as a public hearing, Mayor Baldwin stated he would write an article about it in the Mayor's Corner section of the Herald Newspaper. #13 ADJOURNMENT There being no further business to discuss, Mayor Baldwin adjourned the meeting at 9:50 p.m. . -135- . ATTEST: ~?~ ~~ City Secretary, City of Schertz . . -136-