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ccreg 04-06-1999 . . . REGULAR SESSION OF THE SCHERTZ CITY COUNCIL APRIL 6, 1999 The Schertz City Council convened in Regular Session on Tuesday, April 6, 1999 at 7:00 p.m. in the Council Chambers of the Municipal Complex, 1400 Schertz Parkway, Schertz, Texas. Those present were as follows: 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. Following the Pledge, he presented a Proclamation to members of SAFES acknowledging their 25th birthday and designating April as "SAFES EMS MONTH" in the City of Schertz. Among those people representing SAFES was former Director Tom Funk. #1 APPROVAL OF MINUTES: Regular Session 01-05-99 Regular Session 01-19-99 Mr. Greenwald moved to approve the minutes, as written, for the Regular Session of 1-5-99 and the Regular Session of 1-19-99. Mr. Swinney seconded the motion, which carried with the following votes: AYES: Councilmembers Jarman, Potempa, 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. Mrs. E. Ujhazi of 161 Cloverleaf stated she and her husband are fairly new residents to the City and had moved into what they thought was a nice, quiet neighborhood. Unfortunately, they have a rude teenage neighbor who is in business for himself and operates a very noisy pressure washer at all hours of the night. He washes everything with the pressure washer. They reported him to the police because they thought he might be violating an ordinance, but the police didn't know. They then spoke with Max Hernandez of the Lone Oak Homeowners Association about their problem and he wasn't sure about the rules either. They like to keep their windows open for fresh air, but can't stand the noise. Is there anything that can be done about this situation? Mayor Baldwin told Mrs. Ujhazi the City does have a noise ordinance and there may be some regulations about what kinds of businesses you can have in a subdivision. The City may need some time to check it out. Mr. Sweatt assured -137- Mrs. Ujhaze the City certainly does have a noise ordinance. He indicated he . would rather take her phone number and talk to her on a one-to-one basis about this to see if something can be resolved. #3 GREENSHIRE HOA - SIGN: Consider and take action on request from Greenshire Homeowners Association to locate sign in street right-of-way. Mr. Sweatt advised Council they have information in their packets about this item and it was also discussed at the workshop last week. He has spoken with David Richmond who is aware of the regulations required of the Homeowners Association and who also agreed to work with the City, particularly the Public Works Department, to do this properly. A representative of the Greenshire Subdivision Homeowners Association will be required to sign a Sign Placement Agreement with the City. Mr. Richmond is here this evening to answer questions. Mr. Greenwald moved to approve the request from the Greenshire Homeowners Association to locate a sign in street right-of-way. Mrs. Jarman seconded the motion, which carried with the following votes: AYES: Councilmembers Jarman, Potempa and Greenwald. NAYS: None. . ABSTENTIONS: Council member Swinney. #4 GREENSHIRE HOA - STREET CUT: Consider and take action on request from Greenshire Homeowners Association to allow an open cut to Woodland Oaks Drive to connect a landscape water system. Mr. Sweatt related this item was brought up last week at the workshop by Mr. Richmond. An extract from the City Code regarding street cuts is included in the Council packets. It has been the City's policy to discourage street cuts because of maintenance costs and responsibilities. They usually suggest boring or some other alternative. Exceptions have been made now and then. Mr. Sweatt explained that the Greenshire Subdivision had lighting and a sprinkler system on both sides of their entrance until the widening of FM 3009 at which time those were severed on one side. Mr. Richmond of 2921 Bent Tree Drive, representing the Architectural Committee of the Greenshire Subdivision Homeowners Association, stressed they are not asking for something new, but rather just to be reconnected. The original entrance had landscaping lights and irrigation to handle both sides of the island. When the widening of FM 3009 encroached on the right-of-way and the entrance monuments were dispatched, the underground piping was destroyed. That happened only on the entry side of the island and' not on the exit side. Paragon . -138- . . . Cable and Southwestern Bell have dug up the entrance numerous times. Boring was tried several times, but was considered futile because of rock. Mr. Richmond went on to say they are asking for a street cut. They have a contractor who has submitted a bid for a 4" cut across the entry and the exit across Woodland Oaks Drive and a 4" conduit to reconnect both sides. He will fill and re-asphalt the cut. The contractor will go through three layers of asphalt. He has done it before and will take care of it properly. He has a good track record and the Homeowners Association has the money in their budget. Mr. Swinney asked if they had considered the option of using a connection to one of the homeowners. Mr. Richmond replied that would make the homeowner beholding to the Homeowners Association and also put a lien on the homeowner's property. Mayor Baldwin inquired if water and electric can both go through the conduit and Mr. Richmond replied yes they could. Mr. Greenwald mentioned there are certain specifications. The Mayor then told Mr. Richmond the contractor would still have to lay a 12" strip of concrete and asphalt over the cut. Mr. Richmond emphasized if that's what's needed, the contractor can do it. Mrs. Jarman stated these are unusual and mitigating circumstances because the old entryway got destroyed by the State through no fault of the homeowners. She doesn't think Council will be setting a precedent if they approve this street cut. Mr. Greenwald asked if there has to be another service line and Mr. Sweatt replied there does not. Mr. Richmond advised they have a meter on both sides, but one side is not connected. There is water on one side and electric on the other side. Mrs. Jarman moved to approve the request from the Greenshire Homeowners Association to allow an open cut to Woodland Oaks Drive to reconnect a landscape water system. Mr. Greenwald suggested she amend her motion to add (after reconnect a landscape water system) to the satisfaction of City specifications with the provision of a concrete lift and a performance bond. Mrs. Jarman amended her motion as suggested. Mr. Potempa seconded the motion, which carried with the following votes: AYES: Councilmembers Jarman, Potempa and Greenwald. NAYS: None. ABSTENTIONS: Councilmember Swinney. -139- #5 BID REJECTION: Consider and take action rejecting bid for Animal . Control Building construction. Mayor Baldwin commented the City received only one bid for this project. Mr. Sweatt added that bid exceeded their budget and it is recommended it be rejected. Mr. Greenwald moved to reject the bid, in the amount of $105,415, for the Animal Control Building construction. Mr. Swinney seconded the motion, which carried with the following votes: AYES: Councilmembers Jarman, Potempa, Swinney and Greenwald. NAYS: None. #6 BID AWARD: Consider and take action awarding water line bids. Mr. Sweatt mentioned this had been discussed at the workshop last week and there are no changes to the recommendations. Mr. Greenwald moved to award the bid, for materials only, to Municipal Pipe and Fabricating Co. in the amount of $100,420.87 and to award the bid, for construction labor only, to Allen Avery in the amount of $64,775. Mrs. Jarman seconded the motion. . Before the vote, Mr. Potempa asked if these bids are within the budget and Mr. Sweatt answered they are. At this time the vote was taken and the motion carried as follows: AYES: Councilmembers Jarman, Potempa, Swinney and Greenwald. NAYS: None. #7 ORDINANCE: Consider and take action on first reading of Ordinance regarding Alamo Holly request for tax abatement. 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 BY THE CITY COUNCIL FOR AND WITH ALAMO HOLLY SALES AND SERVICE INC., A PROPERTY OWNER IN THE CITY OF SCHERTZ. . -140- . Mr. Sweatt stated this is truly the highest form of economic development. Alamo Holly is enlarging their current building by 12,000 square feet. They qualified for a 39% tax abatement over a period of 5 years, but asked for a variance to accelerate the abatement. The variance was for a 90% tax abatement for 2 years and a 15% tax abatement for the 3rd year. It is recommended for Council approval by the Schertz Economic Development Commission. Mark Marquez is here to answer questions. Mr. Swinney moved to approve the first reading of an Ordinance regarding a request by Alamo Holly for a tax abatement. Mr. Greenwald seconded the motion, which carried with the following votes: AYES: Councilmembers Jarman, Potempa, Swinney and Greenwald. NAYS: None. #8 ORDINANCE: Consider and take action on first reading of Ordinance involving correction of agreement with Keaco, Inc. regarding tax abatement. Mayor Baldwin introduced an ordinance and read the caption as follows: AN ORDINANCE . BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, REPEALING ORDINANCE 98-T-35, AND APPROVING A TAX ABATEMENT AND A TAX ABATEMENT AGREEMENT FOR AND WITH MARK F. KEATTS AND LORI L. KEATTS LIVING TRUST, A PROPERTY OWNER IN THE CITY OF SCHERTZ. Mr. Sweatt reminded Council they had approved a tax abatement for Keaco, Inc. in December of 1998. This is simply a change of name to a living trust. Approval is recommended. Mr. Greenwald moved to approve the first reading of an Ordinance involving correction of agreement with Keaco, Inc. regarding tax abatement. Mr. Swinney seconded the motion, which carried with the following votes: AYES: Councilmembers Jarman, Potempa, Swinney and Greenwald. NAYS: None. #9 BUDGET AMENDMENT: Consider and take action regarding FY 1998/99 budget amendment to fund local share of FEMA grants for disaster assistance. . Mr. Sweatt stated this had been discussed at the workshop ...Iast week. The assistance program consists of 75% federal and 25% local -'matching funds. Approval is suggested so the City can move forward. -141- Mr. Sweatt stated this is truly the highest form of economic development. Alamo . Holly is enlarging their current building by 12,000 square feet. They ql,Jalified for a 39% tax abatement over a period of-5 years, but asked for a variance- to accelerate the abatement. Th~ variance was for . a 90% tax abatement for 2 years and a 15% tax abatement for the 3rd-y~ar.l.t is recol1)mendedfor Council approval by the Schertz Economic Development Commission. Mark Marquez is here to answer questions. Mr. Swinney moved to app(ove the first reading of ,an Ordinan~ regarding a request by Alamo Holly for a tax abatement. Mr. Greenwald seconded the motion, which carried witt) the following v>>tes; AYES: Councilmembers Jarm~n, PQtempa, Swinney and Greenwald. NAYS: None. #8 ORDINANCE: Consider and take action on first reading of Ordinance involving correction of agreement with Keaco, Inc. regarding tax abatement Mayor Baldwin introduced an ordinance and read the caption as follows; ~N ORPINANG.E BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, REPEALlI'IG ORDINANCE 98-T-35, AND APPROVING A TAX AQATEIYIENT AND A TAX ABATEMENT AGREEMENT FORAND-WITH-MARK F. KEATTS AND LORI L. KEATTS LIVING TRUST, A PROP~~TY OW~ER IN THE CITY OF SGHERTZ. . Mr. Sweatt reminded Council they had approved a tax abatement for Keaco, Inc. in December of 1998. This is simply a change of name to a living trust. Approval is recommended. Mr. Greenwald moved tct approve, the first reading of an Ordinance involving_ correction of agreement with Keaco, Inc. regarding tax abatement. Mr. Swinney-- seconded the motion, which carried with the following votes: AYES: Councilmembers Jarman, Potempa, Swinney and Greenwald. NAYS: None. #9 BUDGET AMENDMENT: Consider and take action regarding FY 1998/99 budget amendment to fund local share of FEMA grants for disaster 8$sistaoce. Mr. Sweatt stated this had been discusseQ at the workshop last week. The assistance program consists of 75% federal and 25% local - matching funds. Approval is suggested so the City can move forward. . -142- mf: . Mr. Greenwald moved to authorize an amendment to the General Fund budget by appropriation of $73,003 from the Reserve Fund and $24,773 from the Water and sewer Fund to fund the local share of FEMA grants for disaster assistance. Mrs. Jarman seconded the motion, which carried with the follOwing votes: AYES: Councilmembers Jarman, Potempa, Swinney and Greenwald. NAYS: None. #10 CITY MANAGER'S REPORT · Stated he is still soliciting plans for Tim Swinney's farewell dinner. #11 ITEMS BY COUNCIL: Mrs. Jarman: . · Commented she had the pleasure of hearing from a citizen that the tree ordinance, now in effect, is working. The citizen is building a new house and they are angling the house because of a big old tree. Is it possible for the Mayor to communicate Council's thanks to the Planning and Zoning Commission for this tree ordinance? Mayor Baldwin said he would be glad to do that. · Reported attending the Library Board meeting last night. HEB donates lots of money to the San Antonio Library, so the Board sent them a letter asking for the same status. They sent the Schertz Library a check for $1,000. There were 300 more books checked out of the library this year than last year and they had 2053 Internet users (approximately 28 per day) with a time limit of 30 minutes. Mr. Sweatt added the City appears to have received several good bids for the library renovation and he has also been apprised that they may receive some financial help from Guadalupe County. Mr. Potempa: · Asked if there was a TIF meeting this week and was informed by Mr. Marquez there was not. Mayor Baldwin inquired if anyone from the school district has been appointed to the TIF yet and Mr. Marquez replied no. Mr. Swinney: · Advised a replacement will be needed for the Economic Development Corporation because he will not be on City Council after the election. He . would be happy to continue serving if it's possible. -143- · Remarked he was in Planet Video the other day and the door was open to the. adult room. He asked the clerk there to have the owner call and the owner called immediately. Mr. Swinney said he understands their business is being hurt by Blockbuster Video. · Thanked SAFES for their help with his family's new son back in 1982. Over the years when anyone has needed help, they have been prompt and courteous. He appreciates that very much. Mr. Greenwald: · Mentioned that in the San Antonio Express-News they had an article on Greenshire and said it is in northeast San Antonio and they pay no taxes. #12 ITEMS BY MAYOR · Asked the status of the Shoe Shop. Mr. Sweatt answered the City advertised for its removal, but didn't get any bids, so it will be demolished. · Inquired about the status of the property on Pfeil Street. Mr. Sweatt acknowledged the property owner is quite adroit at keeping the City off- balance. The City Inspector is at the end of his rope. . · Questioned if anything has been done about the junkyard at the end of Zuehl Street. Mr. Sweatt stated that is one of the properties under mitigation funds. · Mentioned he has been asked to serve on the committee for the A- T Walk at Cypress Bend Park in New Braunfels on May 1 st. As Council knows, the Madison family from Schertz has three children afflicted with A- T. For anyone interested, it is a nice morning in the park, they have a cookout afterwards and they have an auction to help raise money. The oldest Madison boy is 18 this year and will get his Eagle Scout award. The price is a $15.00 donation per person. This same event last year was the second biggest fundraiser in the United States for A-T. The walk starts at 8:30 a.m. Saturday morning. · Reminded everyone they need to be thinking about nominations for Paragon's Hometown Hero program. Before adjournment, Mrs. Jarman said she had forgotten to mention that the Library Board voted on a replacement for Barbara Quates. It is a gentleman and his name should be coming forward to Council for approval. #13 ADJOURNMENT There being no further business to discuss, Mayor Baldwin adjourned the meeting at 8:02 p.m. . -144- '-- . ~ (J) W I- ~ I LO o:;t .-I I N t:: Q) .c () (J) '5 >. ~ () ~ m ~ () Q) (J) >. ~ () . .