ccreg 06-20-1995
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REGULAR MEETING OF THE CITY COUNCIL
JUNE 20, 1995
The Schertz City Council convened in Regular Session on
Tuesday, June 20, 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; Charles McDonald; Joe Potempa;
Timothy Swinney and Ken Greenwald. Absent: Councilmember
Dereda Burkett. 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.
Mayor Baldwin then, in the absence of Nolan Edwards due to
a death in his family, and on behalf of the Schertz
Business Association, presented Employee of the Quarter
awards to Evelyn Boggess for the quarter from January to
March, 1995 and to Vi Galloway for the quarter from April
to June, 1995. The award also comes with a day off and a
meal for the recipient and their spouse, or significant
other, at a restaurant in Schertz.
#1 APPROVAL OF MINUTES: A.
B.
C.
D.
Special Session 4-12-95
Regular Session 4-18-95
Special Session 4-26-95
Regular Session 5-02-95
Mr. Swinney moved to approve the minutes for the Special
Session 4-12-95, the Regular Session 4-18-95, the Special
Session 4-26-95 and the Regular Session 5-2-95. Mr.
Greenwald seconded the motion, which carried with the
following votes:
AYES: Councilmembers McDonald,
Greenwald.
Potempa, Swinney and
Nays: None.
ABSTENTIONS: Mr. Potempa on the Special Session of 4-12-95.
#2 HEARING OF RESIDENTS: Those citizens wishing to
speak on agenda items and those having matters they wish to
discuss with Council, which have not previouslY been
submitted to the City Manager, will be heard at this time.
No one had signed up to speak.
#3 PUBLIC HEARING: To receive citizen input on a
request from Macina, Bose, Copeland & Associates, on behalf
of Laredo/Greenshire, to rezone approximately 8.963 acres
at the corner of FM 3009 and Woodland Oaks Drive from NS
(Neighborhood Services) to PUD (Planned Unit Development).
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Mr. Sweatt advised that 3 letters were sent to abutting
property owners within the required distance. No response,
either for or against, was received. The Planning and
Zoning Commission held their public hearing on June 13th
and are recommending the request for rezoning be approved.
The rezoning consists of changing the 8.9633 acre tract of
land to a PUD residential use. Mr. Sweatt then pointed
out the location (the corner of FM 3009 and Woodland Oaks
Drive) on the map. The current zoning is Neighborhood
Services, but PUD will allow a variation of some setbacks
and some street alignment primarily to preserve trees. A
representative of the applicant is here to answer any
questions Council may have. During workshop discussion
there were questions about the Overlay District which
requires, among other things, a 50' setback from FM 3009.
The Planning and Zoning Commission has also reminded them
of the requirement for a 6' brick fence abutting the
right-of-way along that portion of FM 3009 and Woodland
Oaks Drive.
Sam Bledsoe of MBC Engineers then spoke, saying this is
going to be a single-family residential subdivision with
80' wide lots. They are aware of the 50' setback off FM
3009 and have extra depth lots there. The owner is now in
the process of putting up a masonry fence along FM 3009
which also extends down along Woodland Oaks Drive. Mr.
Bledsoe mentioned he has a copy of the plat with him if
anyone is interested. They moved the streets around to try
and save as many of the oak trees as they could.
Mr. McDonald asked how many lots are involved and Mr.
Bledsoe answered there are 23. They are fairly large lots,
and even though they don't know at this time who the
builder will be, Mr. Bledsoe was confident the homes would
be comparable to the Japhet homes being built in the area.
Mr. Swinney verified that the masonry fence will be on two
sides and Mr. Bledsoe indicated that's correct. The fence
will be along FM 3009, connect to the one that's already
there and then extend down Woodland Oaks Drive, jump over
the drainage, and then extend down the length of Unit 3.
Mr. Sweatt complimented Mr. Bledsoe for their efforts in
preserving the trees. It will enhance the appearance of
the subdivision.
There being no further questions from either citizens or
from Council, Mayor Baldwin declared the public hearing
closed at this time.
#4
reading
PUD.
ORDINANCE: Consider and take action on the first
of an ordinance rezoning 8.9633 acres from NS to
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,
TEXAS, AMENDING THE ZONING ORDINANCE NO. 87-S-1
BY REZONING 8.9633 ACRES OF LAND OUT OF GUADALUPE
COUNTY AND REFLECTING SUCH CHANGES ON CERTAIN
ZONING MAPS IN ACCORDANCE WITH THE SCHERTZ ZONING
ORDINANCE.
Mr. Greenwald moved to approve the first reading of an
ordinance to rezone 8.9644 acres at the corner of FM 3009
and Woodland Oaks Drive from NS (Neighborhood Services) to
PUD (Planned Unit Development). Mr. McDonald seconded the
motion, which carried with the fOllowing votes:
AYES: Councilmembers McDonald,
Greenwald.
Potempa, Swinney and
NAYS: None.
#5 PUBLIC HEARING: To receive citizen input on the
proposed Intsel Southwest Incorporated Reinvestment Zone.
Mr. Sweatt related this a steel distributing
proposing to relocate in the City of Schertz on
along Doerr Lane. Mr. Sweatt then pointed
location on the map.
company
property
out the
Mr. Sweatt commented the public hearing is called on the
issue of considering the establishment of a reinvestment
zone preparatory to additional items on the agenda
regarding tax abatement issues.
Intsel has proposed the construction of an 86,000 square
foot warehouse that has 3,000 square feet of office space
attached. A rail spur will be constructed off Union
Pacific Railroad. All parking areas and driveways will be
paved surfaces. Construction costs are estimated to be
$1,400,000. They also propose to improve 250' of Doerr
Lane, from the railroad toward FM 2252, as part of the
project.
Mr. Sweatt then stated Mr. Lew Borgfeld and Mr. Harry
Richburg are here representing the Economic Development
Commission who heard this matter and are recommending
approval of both the reinvestment zone and the tax
abatement. They will answer any questions.
Mayor Baldwin asked if either one of them would like to say
anything about this particular request and Mr. Borgfeld
pointed out this is consistent with what they've been doing
along these lines and certainly continues to foster
economic development and growth of business in the area.
Mr. McDonald asked
assistance, other
improvement of the
if Intsel will have any financial
than the tax abatement, on the
road. Mr. Sweatt replied it is
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anticipated they will receive $5000 from the Economic
Development Foundation as a one-time grant toward the cost
of improvement.
Mayor Baldwin thought it was interesting to note that
ad valorem taxes on the property will go from $11.05 a
to $3,699.15 a year.
the
year
There being no further questions, Mayor Baldwin declared
the public hearing closed at this time.
#6 ORDINANCE: Consider and take
reading of an ordinance establishing
for Intsel Southwest Incorporated.
action on the first
a Reinvestment Zone
Mayor Baldwin introduced an ordinance and read the caption
as follows:
AN ORDINANCE
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS, ESTABLISHING THE INTSEL SOUTHWEST
REINVESTMENT ZONE.
Mr. Potempa moved to approve the first reading of an
ordinance establishing the Intsel Southwest Reinvestment
Zone. Mr. Greenwald seconded the motion, which carried
with the following votes:
AYES: Councilmembers McDonald,
Greenwald.
Potempa, Swinney and
NAYS: None.
#7 ORDINANCE: Consider and take action on the first
reading of an ordinance approving a Tax Abatement and a Tax
Abatement Agreement with Intsel Southwest Incorporated.
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 FOR AND WITH INTSEL
SOUTHWEST, A PROPERTY OWNER IN THE CITY OF
SCHERTZ.
Mr. Sweatt advised that the creation of the Intsel
Reinvestment Zone has enabled Council to consider this
action. There is a proposed Tax Abatement Agreement
included as Exhibit 2 of this ordinance. This describes
land having a projected value of $207,298 and improvements
of $1,400,000 as opposed to the current value of the land
at $2,584. Calculated at the current tax rate, the tax
revenue on the total property, land and improvements, would
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be $6,871.20 as compared to the total ad valorem tax
payment of $11.05 the City currently receives under the
agricultural exemption. The tax abatement requested, based
on the total capital investment of $1,400,00, is a 53%
abatement which would equate to $3,172.05 a year, netting
out an additional ad valorem payment to the City of Schertz
each year of $3,699.15. Considering the payroll multiplier
of 15 new jobs, that's an additional $4,145 of calculation
in our formula bringing the total net revenues to the City
of $7,844.15 a year at a cost of $3,172. With the six year
period of the proposed abatement, the City would receive a
net additional revenue of $47,064 compared to the $11.05
currently being received.
Mr. Sweatt further stated that Intsel proposes to improve
Doerr Lane at a cost of $17,500 of which approximately
$12,500 will be paid by the company itself along with a
$5,000 grant from the Economic Development Foundation.
Overall, it appears there will be a net ratio of almost
3.58 to 1 of revenues received. It seems to be an
exceptionally good deal.
Mr. Greenwald indicated he had forgotten the number
employees Intsel would have and Mr. Sweatt told him
anticipate the number to be 15.
of
they
Mr. McDonald mentioned he would like to see some kind of
estimate of what the ad valorem tax would be on personal
property. If it were in there, it certainly would enhance
the package. Mr. Greenwald commented we know it's going
to be at least $3600.
Mr. Swinney moved to approve the first reading of an
ordinance authorizing a Tax Abatement and a Tax Abatement
Agreement with Intsel Southwest Incorporated. Mr.
Greenwald seconded the motion, which carried with the
following votes:
AYES: Councilmembers McDonald,
Greenwald.
Potempa, Swinney and
NAYS: None.
#8 ORDINANCE: Consider and take action on the first
reading of an ordinance amending the Code of Ordinances
regarding Demand Emergency Water Management Plan.
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,
TEXAS, PROVIDING THAT THE CODE OF ORDINANCES,
CITY OF SCHERTZ, TEXAS, BE AMENDED BY REVISING A
PORTION OF SECTION 19.96, DROUGHT AND EMERGENCY
WATER MANAGEMENT AND SURCHARGES; PROVIDING AN
EFFECTIVE DATE; AND REPEALING ALL ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT.
Mr. Sweatt reminded Council this is the second and final
reading. The only basic thing this ordinance really does
is change the trigger mechanism of the staging for drought
management activity. It changes it from the J17 well level
reading to the spring flow at the Comal Springs to
establish various stages of water conservation activities.
Stage 1, when the spring flow reaches 250 cubic feet per
second, requests a 10% voluntary reduction. Stage 2, when
the spring flow reaches 225 cubic feet per second, mandates
a 15% total reduction. Stage 3, when the spring flow
reaches 175 cubic feet per second, mandates a total 20%
reduction. And, Stage 4, when the spring flow reaches 150
cubic feet per second, mandates a 30% total reduction.
Mr. McDonald moved to approve the final reading of an
ordinance amending the Code of Ordinances regarding Demand
Emergency Water Management Plan. Mr. Greenwald seconded
the motion, which carried with the following votes:
AYES: Councilmembers McDonald,
Greenwald.
Potempa, Swinney and
NAYS: None.
#9 AGREEMENT: Consider and take action on a letter
of agreement with Oak Forest homeowners for sign placement.
Mr. Sweatt told Council a final letter of agreement,
subject to their approval, was included in their packets.
It is an agreement with the Oak Forest homeowners for
placement of a sign in the open-space tract of land owned
by the City and bounded by Circle Oak, Crest Oak, Lazy Oak,
FM 3009 and the drainage ditch. They are replacing an
earlier sign that was removed due to the FM 3009 widening.
Mr. Swinney moved to approve the letter of agreement
the Oak Forest homeowners for sign placement.
McDonald seconded the motion, which carried with
following votes:
with
Mr.
the
AYES: Councilmembers McDonald,
Greenwald.
Potempa, Swinney and
NAYS: None.
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#10 APPOINTMENTS:
appointments to the
Commission.
Consider
Schertz
and take
Economic
action on
Development
Mr. Sweatt commented the Council has recommendations in
their packets from the Economic Development Commission for
appointments to fill terms. When the Commission was
originally established, individuals drew for two and one
year terms in order to have a staggered term arrangement.
It is recommended the Council consider appointing Jeff
Zunker, Ben Davis, Byron Williams and Henry Gutierrez for
two-year terms. It is also recommended the Council
consider reappointing Bob Vallance and Harry Richburg for
two-year terms.
Mr. McDonald moved to appoint Jeff Zunker, Ben Davis,
Byron Williams and Henry Gutierrez for two-year terms on
the Economic Development Commission and to reappoint Bob
Vallance and Harry Richburg for two-year terms on the
Economic Development Commission. Mr. Swinney seconded the
motion, which carried with the following votes:
AYES: Councilmembers McDonald,
Greenwald.
Potempa, Swinney and
NAYS: None.
#11 BID AWARD: Consider and take action on awarding
bids for the following:
a. FM 1103 Water Line Project.
b. Handicapped Accessible Improvements/
Curb Modifications.
a. FM 1103 Water Line Proiect.
Mr. Sweatt advised Council they have the bid tabulations
in their packets. Nine bids were received. The project
consists of construction of 2506 linear feet of 12" water
line along FM 1103. This is a capital improvement project
and R.L. Jones is the low bidder at $60,772.10. It is
recommended they be awarded the bid.
Mr. Potempa moved to award the bid for the FM 1103 Water
Line Project to R.L. Jones. Mr. Greenwald seconded the
motion, which carried with the folloWing votes:
AYES: Councilmembers McDonald,
Greenwald.
Potempa, Swinney and
NAYS: None.
b. Handicaooed Accessible Imorovements/Curb Modifications.
Mr. Sweatt asked the Council to recall that this is a CDBG
(grant) project through Bexar County funding for
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development of handicapped sidewalk ramps and improvements
to restroom facilities to comply with the Americans With
Disabilities Act.
Bids were received earlier and rejected due to the costs,
so the specifications were revised and the City
resolicited. Four bids were received. The low bid of
$167,410 exceeds available funds by $33,410. Due to the
manner in which the specifications were drawn and the
manner of notice to all bidders, we have the option of
reducing the scope of the project by individual sidewalk
ramps. It is recommended the bid be awarded to Robinson
Construction Co. with modification to the scope of the
project by reduction of 66 curbs. This would amount to
$33,410 which would bring the project in line with
available funding. The low bidder is aware of those terms
and is agreeable. We have reviewed it with Bexar County
and they have no objections.
Mr. Sweatt further stated the individual locations will be
selected by virtue of those that will have the least impact
and will not interfere otherwise with ADA compliance. For
any of those that must be done that were eliminated, we
will begin a two-year program through force account work.
Mr. McDonald asked that even if it takes us two years to
complete it, will we still be in compliance and Mr. Sweatt
answered he believes so.
Mr. Potempa moved to approve awarding the bid for the
Handicapped Accessible Improvements/Curb Modifications
Project to Robinson Construction Co. Mr. Greenwald
seconded the motion.
Before the vote, Mr. Sweatt asked if that motion included
the stipulation that the scope of the project be reduced by
66 curbs. Both Mr. Potempa and Mr. Greenwald agreed that
is part of the motion.
The vote was taken and the motion carried as follows:
AYES: Councilmembers McDonald,
Greenwald.
Potempa, Swinney and
NAYS: None.
#12 EXECUTIVE SESSION: Called under Section 551 of
the Texas Government Code, Sub-Section 551.074 (1)
personnel matters to deliberate the appointment,
employment, evaluation, etc. of an employee.
An Executive Session was held from 7:38 p.m. until 9:28
p.m.
#13 Consider and take action, if any, on the above
Executive Session.
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Mayor Baldwin announced Council has asked Mr. Sweatt to
place an action item on next week's workshop agenda to
consider an employment agreement and compensation package
for the City Manager.
#14 CITY MANAGER'S REPORT: There was none.
#15 ITEMS BY COUNCIL: Mr. Potemoa: Commented the
City and School Board elections have been over since the
first week of May and he thinks it time for Darwin Peek's
billboard on FM 3009 to come down. Mayor Baldwin related
he had made a phone call about it and Mr. Sweatt
acknowledged the Inspection Department is also working on
it.
Mr. Greenwald: Mentioned he had asked the City Secretary
to give the Council a copy of the FAX from Canyon Regional
Water Authority. It's pretty self-explanatory. CRWA and
Tom Moreno from Bexar Metro Water Supply Corp. have been
dealing and looking at expanding the CRWA plant at Bexar
Metro's expense. Obviously Mr. Moore and Judge Bunton
concurred. We have a secondary water source right now from
CRWA if the line comes through. Bexar Metro will probably
try to recoup some of the costs if we tap into the line.
This is getting into that long-range five-year planning.
#16 ITEMS BY MAYOR: There were none.
#17 ADJOURNMENT: On a
seconded by Mr. Swinney and
meeting adjourned at 9:33 p.m.
motion by Mr. Potempa and
unanimously carried, the
Mayor, City of Schertz, Texas
ATTEST:
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City Secretary, City of Schertz