ccreg 12-06-1994
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REGULAR MEETING OF THE CITY COUNCIL
DECEMBER 6, 1994
The Sctertz City Council convened in Regular Session
Tuesday, December 6, 1994, 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; Charles McDonald, Joe Potempa,
Barbara Stanhope, Mary Marsh and Ken Greenwald. Staff
present were City Manager Kerry Sweatt and City Secretary
June Krc.use.
Mayor Ealdwin welcomed everyone to the meeting and asked
them to rise and join him in the Pledge of Allegiance.
The Ma~or then introduced Mr. Karl
the Sctertz Cibolo Buffalo Valley
presentction.
Ruckman, President
Lion's Club for
of
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Mr. Ru<kman first thanked the Mayor for allowing them time,
then hE presented a check for $300 to SAFES Director Mary
Lou Malone and SAFES organization President Nancy King. He
added that SAFES does a wonderful job for the entire area
and the1 wanted to contribute to the organization.
Ms. Kjng thanked Mr. Ruckman and said that without
backing of organizations such as theirs, they would not
able to do all they do in the style they do.
the
be
Mayor Ealdwin then read a proclamation naming the month of
DecembeI as "National Drunk and Drugged Driving Prevention
Month" in Schertz. The proclamation will be mailed to the
Bexar County DWI Task Force to join other city's
proclamction in a united effort.
#l MAYOR PRO TEM: City Secretary/Notary June Krause
swore irto office Barbara Stanhope as the new Mayor Pro Tern.
# ~ APPROVAL OF
10-4-94; B. Special
Meeting 10-18-94.
Meeting of
C. Regular
MINUTES: A. Regular
Meeting 10-12-94 and
Mr. GIeenwald moved to approve these minutes with Mrs.
StanhopE seconding the motion.
Mrs. Marsh corrected the title on page 13 of the minutes of
October 12, 1994, from Vice-Commander to Junior
Vice-Commander.
Mayor Ealdwin corrected the spelling of Mr. Koch's name on
page 11 of the minutes of October 12, 1994.
Mayor Ealdwin then called for a vote on the motion and it
carried with the following votes:
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AYES: Councilmembers McDonald, Potempa, Stanhope, Marsh and
Greenwald.
NAYS: NONE
ABSTAINING: Mr. Potempa for the minutes of October 4, 1994.
#3 HEARING OF RESIDENTS: George Mower was the only
resident signed up and he wished to speak on taxes,
interpreter and copy prices.
Mr. Mower said concerning taxes, he is against them because
he wants to see all deficit spending ended.
He then presented an article from the November 30th N.E.
Sun Quoting Dan Morales as saying Governmental bodies should
provide copies on reQUest free of charge for items shorter
than 50 pages. Then he related being Charged 15 cents for a
copy of the agenda that same day at the Municipal offices.
Mr. Mower then referred to the November 16th meeting where
the Mayor introduced, on advise of City Attorney, that
Council have a Spanish interpreter present because there
might be some people present that may not be able to
understand the English language. He went on to say he
needed an interpreter - needed the Council to furnish him a
mind reader, since there were times he did not get a spoken
answer to his statements or Questions.
Mayor Baldwin reminded everyone that the agreement made by
Council was that we would provide the Council packet out
front so anyone could look at it; and if they wanted any
copies, the charge would be our usual 15 cents per page.
Mr. Mower answered that Mr. Morales does not seem to
realize that the City of Schertz can charge. He said he
would ask him to send him a letter with a copy going to the
City.
Mayor Baldwin suggested Council think about this and discuss
at the next workshop.
#4 PUBLIC HEARING: The purpose of the hearing was to
receive citizens comments regarding the designation of an
area of the City as a State designated Enterprise Zone.
Mr. Sweatt offered a copy of a larger map of the
This includes Guadalupe and Comal Counties
approximately 4,622 people in Comal County and 723 in
portion of Guadalupe County, these figures taken from
Census tract. The purpose is to secure a designation
the State of Texas.
area.
with
that
the
from
Mr. Eric Landis,
them to get a
presentation. He
the paper.
consultant, first said the State had asked
signature list of those who were at the
then read the statement before circulating
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Mr. L<:.ndis explained that the area proposed for an
Enterprjse Zone, in order to qualify, had to have 12%
unemplolment and have over 30% low income. The Department
of COmIlerCe will review and notify the City if this is
approve(. Some of the advantages of having an Enterprise
Zone ale the capacity to attract permanent jobs and promote
growth in economically disadvantaged areas through state
sales tax rebates and the City must offer one benefit that
is not available elsewhere. He said Mr. Marquez could
explain this part better than he could.
George Mower said that since he was asked to sign this list,
could he get a copy of it and was told he could.
Jim Harris said he saw this item on the aqenda but was not
really aware of what it is all about since there was no
backup material in the packet for the public.
Mayor Baldwin explained that the backup material had been in
the previous meeting packet and we do not duplicate
information to Council, so it was not in the packet.
Mr. Sweitt reminded that copies of everything was available
in the office but no one asked to see anything.
Mr. Laniis added that under no condition does the City have
to give incentives, that decision is made by the Council.
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Ch~rles Forbes said his firm was asked by Mark Marquez and
Kerry S'~eatt to get involved with being a part of the
Enterpr!.;e Zone and they full y support it. This will offer
incentiv~s to people who might have an interest in buying
their Property. He said he did not believe their property
was in ~he low income bracket but on the fifty yard line of
the Cit~, of Schertz. He added that they are all for this.
Mr. Forl~s said they appreciated the opportunity to join in
this and think it will help everyone.
There boing no further citizens wishing to speak, Mayor
Baldwin (,eclared the public hearing closed at 7:27 p.m.
#5 ORDINANCE: Mayor Baldwin introduced an ordinance
and read the caption as follows:
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AN ORDINANCE
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TE}AS, NOMINATING AN AREA AS AN ENTERPRISE
ZO~E PURSUANT TO THE TEXAS ENTERPRISE ZONE
AC. (TEXAS CIVIL STATUTES, ART! CLE 5190. 7l ;
DE IGNATING AN AUTHORIZED REPRESENTATIVE TO
ACT ON ALL MATTERS PERTAINING TO THE ZONE
ANt THE NOMINATION AND DESIGNATION OF THE
NE~ AREA DESCRIBED HEREIN AS AN ENTERPRISE
AND REINVESTMENT ZONE; AND FURTHER
DESIGNATING A LIAISON TO ACT ON ALL
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Mr. McDonald asked if it was
3009 Industrial Park area as
severely distressed.
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MATTERS PERTAINING TO THE ENTERPRISE
ACT ONCE THE ZONE IS DESIGNATED BY THE
DEPARTMENT OF COMMERCE.
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Mrs. Marsh moved to approve the first
ordinance designating a certain area of the
designated Enterprise Zone. Mr. Greenw
motion.
include the FM
believe it is
Mr. Sweatt said that is part of
had to be tied together in order
e tire census tract and
gualify.
Mr. Potempa asked where all
the area. It was su este
especially along FM 48
e people are reportedly in
he drive out that way,
Eric
the map the distressed area and
her 25t, which is what happened.
arQuez and decided what area would
potentially have the bulk of the new
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Mr.
make
that we believe it makes good sense to
Zone a mixture of the two.
Mr. McDonald gain thought Council should look at I-I0 for
an Enterprise one.
Eric Landi said they did look at I-I0 area and the numbers
just were ot there and they are in this area.
ldwin then called for a vote on ~he motion before
The motion passed with the following vote:
AYE. Councilmembers McDonald, Pote~pa. Stanhope, Marsh and
nwald.
None
BALDWIN HAD TO LEAVE TO ATTEND ANOTHER MEETING AT 7:35
#6 ORDIHANCE: Mayor Pro Tem Stanhope introduced an
ordinance and read a statement as follows:
"Because of the position that the United States Department I
of Justice has taken in connection with a November 1994
election in the Judson Independent School District, we have
been advised by the City Attorney that, if we provide
information about the sales tax election in English, we must
make it available at the same time in Spanish to those who
require Spanish language assistance. Is there anyone at
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~.TTERS PERTAINING TO THE ENTERPRISE ZONE
ACT ONCE THE ZONE IS DESIGNATED BY THE TEXAS
DYoPARTMENT OF COMMERCE.
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Mrs. } larsh moved to
ordinan<:e designating
designa1.ed Enterprise
motion.
approve the first reading of an
a certain area of the City as a State
Zone. Mr. Greenwald seconded the
Mr. M~Donald asked if it was necessary to include the FM
3009 Illdustrial Park area as he could not believe it is
severell' distressed.
Mr. Sw~att said that is part of the entire census tract and
had to ~e tied together in order to qualify.
Mr. PCltempa asked where all the people are reportedly in
the ar~a. It was suggested he drive out that way,
especially along FM 482.
Eric L~.ndis pointed out on the map the distressed area and
added that we can add another 25%, which is what happened.
They s~.t down with Mark Marquez and decided what area would
be the best that could potentially have the bulk of the new
jobs.
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Mr. S~'eatt added that we believe it makes good sense to
make an Enterprise Zone a mixture of the two.
Mr. McDonald again thought Council should look at I-10 for
an Entelprise Zone.
Eric Lc.ndis said they did look at I-I0 area and the numbers
just wele not there and they are in this area.
Mayor laldwin then called for a vote on the motion before
Council. The motion passed with the following vote:
AYES: Councilmembers McDonald, Potempa, Stanhope, Marsh and
Greenwald.
NAYS: ~one
MAYOR BJ.LDWIN HAD TO LEAVE TO ATTEND ANOTHER MEETING AT 7: 35
PM.
#f ORDINANCE: Mayor Pro Tern Stanhope introduced an
ordinan<e and read a statement as follows:
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"BecausE of the position that the United States Department
of Justice has taken in connection with a November 1994
electior in the Judson Independent School District, we have
been acvised by the City Attorney that, if we provide
information about the sales tax election in English, we must
make it available at the same time in Spanish to those who
require Spanish language assistance. Is there anyone at
this mEeting who requires Spanish language assistance? We
have arranged for Mr. Rodriquez to translate."
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She then asked Mr. Ralph Rodriquz to translate the above
statement and question.
There were no citizens present who required Spanish
translation.
Mayor Pro Tem Stanhope then read the caption of the
ordinance as follows:
ORDINANCE NO. 94-E-32
AN ORDINANCE ORDERING AN ELECTION TO BE HELD
IN THE CITY OF SCHERTZ. TEXAS, TO SUBMIT A
PROPOSITION ON THE QUESTION OF THE ADOPTION
OF AN ADDITIONAL SALES AND USE TAX UNDER THE
PROVISIONS OF SECTION 4A, AS AMENDED, OF THE
DEVELOPMENT CORPORATION ACT OF 1979 AND ON
THE QUESTION OF THE ADOPTION OF AN
ADDITIONAL SALES AND USE TAX FOR AD VALOREM
TAX RELIEF; MAKING PROVISION FOR THE
CONDUCT OF THE ELECTION AND RESOLVING OTHER
MATTERS INCIDENT AND RELATED TO SUCH
ELECTION; AND PROVIDING AN EFFECTIVE DATE.
Mr. Potempa moved
ordinance call an
Greenwald seconded
follOWing vote:
to approve the final consideration of an
election for January 21, 1994. Mr.
the motion, which carried with the
AYES: Councilmembers
Greenwald.
NAYS: None
and
McDonald,
Potempa,
Marsh
17 ORDINANCE: Mayor Pro Tem Stanhope introduced an
ordinance and read the caption as follows:
ORDINANCE NO. 94-T-33
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY
OF SCHERTZ, TEXAS, ADOPTING GUIDELINES AND
CRITERIA FOR TAX ABATEMENT AND RE-INVESTMENT
ZONES.
Mr. Potempa moved to approve the final consideration of an
ordinance adopting guidelines and criteria for tax abatement
and re-investment zones. Mrs. Marsh seconded the motion,
which carried with the following vote:
AYES: Councilmembers
Greenwald.
NAYS: None
McDonald.
Marsh
and
Potempa,
#8 ORDINANCE: Mayor Pro Tem Stanhope introduced
ordinance and read the caption as follows:
an
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ORDINANCE NO. 94-S-34
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY
OF SCHERTZ, TEXAS, AMENDING THE ZONING
O~DINANCE NO. 87-S-1 BY REZONING 2.41 ACRES
OF LAND OUT OF GUADALUPE COUNTY AND
REFLECTING SUCH CHANGES ON CERTAIN ZONING
MAPS IN ACCORDANCE WITH THE SCHERTZ ZONING
OPDINANCE.
Mr. S~eatt reminded that this tract is right off FM 78 and
is the Palms Apartments. It has been approved by the
Plannin~ and Zoning Commission and Council okayed it on
first eading. The questions of design, etc., will be
reviewe at the time of plat review. This is merely a
zoning natter.
Mrs. ~arsh moved to approve the final consideration of an
ordinance amending the zoning ordinance by rezoning
approxinately 2.41 acres of land from R-2 to R-4. Mr.
Potempa seconded the motion, which carried as follows:
AYES: Councilmembers
Greenwald.
NAYS: None
McDonald,
Potempa,
Marsh
and
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#9 BID AWARD: Consider and take action on awarding
bid on the following:
A. City Building signs
Mr. Sweatt reminded that we had solicited and received two
bids, with the low bid being from Aircraft Design in Cibolo,
in the amount of $13,681. The other bid from Icarus Sign
was in the amount of $24,436. Based on the low bid we
recommend awarding to Aircraft Design in Cibolo.
Mrs. ~arsh moved to award the bid for the three signs to
Aircraft Design, in the amount of $13,681. Mr. McDonald
seconded the motion, which carried with the following vote:
AYES: Councilmembers
Greenwald.
NAYS: l'one
McDonald,
Potempa,
Marsh
and
B. EMS Unit
Mr. S~eatt advised four bids were received for the EMS
unit; however, due to the difficulty of evaluating the
specifications, we ask that you table this item until the
next workshop.
#10 CITY MANAGER'S REPORT: Reminded Council of the
January 5th forum on the sales tax election to be held in
the Council Chambers at 7:00 p.m. We will have the
Community Center set up in case the numbers warrant using
that.
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#11 ITEMS BY COUNCIL: Mr. Potemoa asked if we could
get the railroad. to clean up the right of way through our
city as it really looks awful.
Mrs. Mars~ referred to the letter from Larry Addis
concerning property on I-35 that looks like a junk yard.
She asked that this item be put on the next workshop agenda.
Mr. Greenwald: A. He attended the BVYA meeting on
Thursday, along with Kerry Sweatt and Mary Marsh, and they
:1bade a presentation on the sales tax election.
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RVYA has approximately 300 children involved with basketball
'.~Teady and expect from SO to 60 more. They are keeping two
gyms busy.
B. Attended the CVADAC meeting and they are looking for
\people to help serve. If anyone wants to volunteer, get in
teu~h with Kerry Sweatt or Ken Greenwald. The program is
running good and there is a great need for it. They are
being helped by the United Way and Guadalupe County
eOIDmission on Drug Abuse out of Sequin.
112 ITEMS BY MAYOR: None at this time.
#13 ADJOURRMBNT: Mr. Potempa moved the meeting be I
adjourned at 7:47 p.m., with Mrs. Mars giving a second,
the motion carried with a unanimous vot
ATTEST:
City Secretary, City of Schertz
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