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ccreg 10-17-1995 REGULAR MEETING OF THE CITY COUNCIL October 17, 1995 The Schertz City Council convened in Regular Session on Tuesday, October 17, 1995 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; Joe Potempa; Earl Sawyer; Timothy Swinney and Ken Greenwald. Absent: Councilmember Charles McDonald. Staff present were City Manager Kerry Sweatt and Deputy City Secretary Dolores Butler. Mayor Baldwin asked everyone to rise and join him in the Pledge of Allegiance to the flag. Mayor Baldwin then asked Mary Marsh, Post 8315 Commander, Cathy Kowalchuk, representing the Ladies Auxiliary, and Dave Young, Voice of Democracy (V.O.D.) Chairman, to come forward for the reading and presentation of a proclamation recognizing November 13 through 25, 1995 as Voice of Democracy Week. Mary Marsh stated the V.F.W. has a breakfast on the third Saturday of every month, from 6:30 a.m. until 10:30 a.m., the best food and all you can eat for $3.50. The November breakfast is very important because it is going to be joined with the Ladies Auxiliary and in conjunction with the breakfast, there will be a garage sale. The proceeds will go toward buying turkey Christmas baskets for the needy and toys for the children's Christmas party. Mary Marsh urged attendance to the breakfast and the garage sale, and stated donations for the garage sale will collected at the V.F.W. hall. Cathy Kowalchuk announced that on November 19, 1995 the Ladies Auxiliary is having the Cancer Aid Research Jamboree at the V.F.W. hall, starting at 3:00 p.m. There will be raffle drawings and everyone is invited to attend. Mr. Sweatt asked that the preceding information be furnished to the City to be advertised on the Message Mailbox. Mayor Baldwin asked members of the V.F.W. reading and presentation of a proclamation 5 through 11, 1995 as Texas Veterans Land Week. to remain for the declaring November Board Awareness f1 APPROVAL OF MINUTES: A. B. Special Session 9-13-95 Regular Session 9-19-95 Mr. Potempa moved to approve the minutes for the Special Session 9-13-95 and Regular Session 9-19-95 in accordance with the rules. Mr. Swinney seconded the motion in accordance with the rules. Mayor Baldwin, having received a motion and second asked for any discussion concerning the minutes. Hearing none, Mayor Baldwin noted in the minutes of 9-13-95, -23- page four (4), the name Ray Price should be corrected to read Paul Price. A. Soecial Session 9-13-95 AYES: Councilmembers Potempa, Sawyer, Swinney and Greenwald. NAYS: None B. Reaular Session 9-19-9~ AYES: Councilmembers Potempa, Sawyer, 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. .3 ORDINANCE: Consider and take action on final reading of an ordinance establishing a Reinvestment Zone for Vestal Steel Specialties Incorporated. Mayor Baldwin introduced an ordinance and read the caption as follows: AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, ESTABLISHING THE VESTAL STEEL REINVESTMENT ZONE. TEXAS, Mr. Sawyer moved to aoprove final reading of establishing the Vestal Steel Reinvestment Greenwald seconded the motion which carried with votes: an ordinance Zone. Mr. the following AYES: Councilmembers Potempa, Sawyer, Swinney and Greenwald. NAYS: None .4 ORDINANCE: Consider and take action on final reading of an ordinance approving Tax Abatement and Tax Abatement Agreement with Vestal Steel Specialties Incorporated. AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, APPROVING A TAX ABATEMENT AND A TAX ABATEMENT AGREEMENT FOR AND WITH VESTAL STEEL SPECIALTIES, INCORPORATED. Mr. Greenwald moved to aoorove the final reading of an ordinance approving the tax abatement and tax abatement agreement for and with Vestal Steel Specialties, Incorporated. Mr. Swinney seconded the motion. -24- Mr. Sweatt pointed out that this a 50.82% tax capital improvement for a six (6) year period. rebating $1,585.97 we will continue to receive additional taxes per year. abatement for While we are over $4,000 of Mr. Sawyer stated we have collected more tax than we ever have with 50.82% abatement. The motion and second was approved and carried with the following votes: AYES: Councilmembers Potempa, Sawyer, Swinney and Greenwald. NAYS: None. #5 ORDINANCE: Consider and take action on final reading of an ordinance approving Tax Abatement for Alamo,Holly. AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, APPROVING A TAX ABATEMENT AND A TAX ABATEMENT AGREEMENT FOR AND WITH ALAMO HOLLY SALES AND SERVICE, INC., A PROPERTY vOh.",R IN THE CITY OF SCHERTZ, TEXAS. Mr. Holly. Potempa moved to aoorove the tax abatement Mr. Sawyer seconded the motion. for Alamo Mr. Sweatt pointed out that this is a revision to our existing policy. Under the terms of our existing ordinance on abatements the project qualified for a six (6) year abatement of 47.9%; however, the company requested an exception to amortize the cost of their capital investment earlier. After review, the Commission recommended and Council approved on first reading a change in policy which would grant an abatement on the basis of 90% for the first three (3) years and 17.4% for the fourth year, equating to the same amount of dollars. This is on capital improvements only, it does not include personal property. We are currently receiving $83.22 per year on the old tax rate and after the abatement is complete, we will be receiving $1,969. The motion and second was approved and carried with the following votes: AYES: Councilmembers Potempa, Sawyer, Swinney and Greenwald. NAYS: None #6 ORDINANCE: Consider and take action on final reading of an ordinance creating fund in the City Treasury which will be named Municipal Court Building Security Fund. -25- Mayor Baldwin introduced an ordinance and read the caption as follows: AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, PROVIDING THAT CHAPTER 12 OF THE CODE OF ORDINANCES, CITY OF SCHERTZ, TEXAS, BE AMENDED BY ADDING SECTION 12-8, FORMATION OF MUNICIPAL COURT BUILDING SECURITY FUND AND COLLECTION OF SECURITY FEE, SECTION 12-9, DISPOSITION OF MUNICIPAL COURT BUILDING SECURITY FUND, SECTION 12-10, ADMINISTRATION OF MUNICIPAL COURT SECURITY BUILDING FUND, AND SECTION 12-11, DEFINITION OF CONVICTED PERSON; AND PROVIDING AN EFFECTIVE DATE. Mr. Swinney moved to aDDrOVe the ordinance amending portions of the Code of Ordinances forming a Municipal Court Building Security Fund and Collection of Security Fees. Mr. Greenwald seconded the motion which carried with the following votes: AYES: Councilmembers Potempa, sawyer, Swinney and Greenwald. NAYS: None #7 BID AWARD: Consider and take action on awarding bid for police vehicles. Mr. Sweatt stated that we have received bids as discussed at a recent workshop. Bids were solicited from vehicle suppliers in the San Antonio area. Some eight dealers were contacted but by deadline for receipt of bids, only two responded, Jennings Anderson Ford and Red McCombs Ford. We advertised for four police vehicles. The low bid was from Red McCombs Ford of $18,483 per unit. Jennings Anderson Ford bid $18,822.75 per unit. After reviewing the delivery time by the two suppliers, we were notified by Red McCombs Ford there is a good chance we won't receive our order because orders for 73% of total available Ford patrol cars built were exhausted as of September 25th. Jennings Anderson Ford has 25 police units expected for delivery within the next 30 days and based on our discussion with them, they have committed that if we issue a purchase order we can expect guaranteed delivery in that period of time. It is recommended the bid be awarded to Jennings Anderson Ford in the amount of $18,822.75 for a total of $75,291. Mr. Potempa moved that we award the bid for the four (4) police cars in the amount of $75,291 to Jennings Anderson Ford. Mr. Sawyer seconded the motion which carried with the following votes: AYES: Councilmembers Potempa, Sawyer, Swinney and Greenwald. NAYS: None .8 CITY MANAGER'S REPORT: Reminded everyone that our next meeting will be November 1, 1995. Announced the City has -26- again received the Government Finance Officers Award (GFOA) for financial reporting. #9 ITEMS BY COUNCIL: Mr. Swinnev A. Asked if there was any further word on the graffiti problem, and having youth volunteers working on that. Mr. Sweatt told Mr. Swinney that we have drafted an ordinance but he is not sure that is the answer. The ordinance still relies on property owners to give their permission. Mr. Sweatt said his conversation with the judge assures his willingness to ask community service people to do that kind of thing, but we have not discussed this with property owners. Mr. Swinney asked when we might be able to have a program in operation and Mr. Sweatt said the item could be placed on the workshop for discussion if he likes. Mr. Sweatt said rather than adopting an ordinance we might want to suggest a procedure with property owners and solicit contributions of paint and supplies. ,Mr. Swinney said he fully agreed that an ordinance should be a last resort. B. Remarked that he was just reading in the paper that Kirby, because of their geographical situation, will not be participating in the Northeast Partnership and wondered if their withdrawal will affect budget at all. Mayor Baldwin said yes, it will affect the budget in that other cities will pick up Kirby's dues amount which will be absorbed through the contingency account and they will readjust for that next year. Mr. Greenwald, commenting on the omission of Schertz, etc., in the San Antonio EXDress News article regarding growth in the Austin-San Antonio Corridor, said the Planning and Zoning Commission had written a letter expressing our displeasure and asked if it had been sent to them. Mr. Sweatt stated he had a conversation with the newspaper and they are going to do another article. He asked direction from Council as to whether we should wait to see what the second article looks like before we write. It was the general consensus that we should go ahead and send the letter. #10 ITEMS BY MAYOR: Asked if we got the River Road load limit published in the paper. Mr. Sweatt said Norma was out yesterday and today and he would get with her tomorrow when she returns. Mr. Sweatt reported that he had, once again, talked with TNRCC and it is their general feeling that if asphalt material was placed in the fill this could be a violation; however, it should be inspected. At this time TNRCC representatives have not responded to our request for an on-site inspection. Mr. Greenwald stated that obviously the spoken word was not good enough, and suggested putting it in writing. #11 by Mr. adjourned ADJOURNMENT: Swinney and at 7:30 p.m. On a motion by Mr. unanimously carried, Potempa, seconded the meeting was -27- c;?t~ Mayor, City gf Schertz, ATTEST: [)()fJJlr..4-J 4{II7(A) Deputy City Secretary, City of Schertz -28- ~ Texas