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ccreg 09-27-1995 ~~f SPECIAL MEETING OF THE CITY COUNCIL SEPTEMBER 27, 1995 The Schertz City Council convened in Special Workshop Session on Wednesday, September 27, 1995 at 7:00 p.m. in the Conference Room of the Municipal C""lUt'lex, 1400 Schertz Parkway, Schertz, Texas. The following members were present: Mayor Hal Baldwin, presiding; Councilmembers Charles McDonald; Joe Potempa; Earl Sawyer; Timothy Swinney and Ken Greenwald. Staff present were City Manager Kerry Sweatt and City Secretary Norma Althouse. fl HEARING OF RESIDENTS: A. James Harris of FM 1518 and Schaefer Road reminded Council he had asked a couple of months ago about having a toxic waste disposal day for the citizens of Schertz. Universal City has had another day since then and San Antonio has one every quarter. Mr. Sweatt reported that Universal City may have collected, but most of it is still setting in their yard. It is impossible to dispose of properly without assuming a great deal of liability. As we understand the EPA and TNRCC rules, most of that material may be placed in small amounts into the waste disposal stream. When it's collected in a large volume, it then becomes the liability of the collector. Most of them are very expensive to dispose of in bulk. Alamo Waste, at this stage, is not anxious to take on the liability. The City has no way to dispose of those materials without assuming the financial responsibility and the liability of transporting them to other sites. Mr. Sweatt went on to say the City's oil is handled through a reclamation process and batteries have a certain market value and an individual can take care of those. As far as the other items, they involve a big liability, and he's not sure the City's prepared to accept that. Mr. McDonald asked what San Antonio does with theirs and Mr. Sweatt replied he does not know. After further discussion, Mr. Sweatt repeated that most of that material in small amounts may be placed into the waste stream. Mr. Harris, saying he did not know that was legal, admitted he could take care of his own problem. B. Joshua Dirks, President of Samuel Clemens Student Council, announced that October 27th is homecoming and asked the Council to extend the curfew beyond 11:00 p.m. that day because they want to hold a dance and it's very hard to do that if you have to be home by 11:00 p.m. The dance is held after the football game and that's not usually over until around 10:00 p.m. Mentioning different colored arm bands, Mr. Dirks asked that the curfew be extended until 1:30 a.m. for those wearing "blue, gold and red bands and until 2:00 a.m. for those wearing hot pink bands. The blue, red and gold bands indicate people "f/cfS- attending the dance and the hot pink bands indicate who have to stay after and clean up. The dance will until 1:00 a.m. and this curfew extension would everyone involved time to get home. those last allow Mr. Potempa pointed out this could apply, if approved by Council, only to the people in Schertz. Doesn't Universal City also have a curfew? Mayor Baldwin told Mr. Dirks he may have to make the same request of the Council in Universal City. Mr. Swinney asked how many students they expect at the dance. Mr. Dirks answered they've had a poor showing in past years, so with some hype this year they're hoping for 100. Mayor Baldwin asked Mr. Sweatt, if before Council gives its answer, there's any legal or technical problem they need to take care of and Mr. Sweatt replied he didn't think so. Council provides the police service a certain latitude in dealing with these issues if the students have a good reason for the request. Mr. Sweatt letter and bands. suggested this request be followed up with a an explanation of the different colored arm The consensus of Council was to approve the request to extend the curfew on the night of October 27th. *2 Discuss public hearing on a request from James Sagebiel, on behalf of Guadalupe County Annex Offices, to rezone five (5) acres of land from Single-Family Dwelling District (R-l) to Public Use. Mr. Sweatt related the Planning and Zoning Commission met, held a public hearing, and considered this request and next Tuesday night is set as the date of Council's public hearing on it. This is five acres of a tract of land that is roughly a ten acre tract along the drainage area facing Elbel, on the left as you go from the high school toward FM 3009. Approximately 2.9 acres of the five acre tract fall in the 100 year flood plain. A 5,000 square foot annex building to house County functions is proposed for the land requested to be rezoned as Public Use. The front part of the property running along Elbel and siding to FM 3009 is proposed to remain zoned as R-1. This matter was reviewed by the Planning and Zoning Commission and they have recommended approval. Notices have been mailed to property owners within 200 feet of the area. Testimony at the Planning and Zoning Commission's public hearing dealt mostly with concern about the area which will remain zoned R-l. Mayor Baldwin asked if the County is buying the entire corner and was informed they are buying only about half of the acreage there. Mr. Greenwald mentioned the annex 7/~6 building has to be on this side of Elbel because of the precinct line. Mr. Swinney questioned why it has to be in a particular precinct and Mr. Greenwald replied because it will house the Justice of the Peace court. Mr. have sent favor Potempa wondered if any replies from property owners been received. Mr. Greenwald stated 19 letters were out and so far five have been returned - three in and two against the request. After being asked by Mayor Baldwin, Council indicated they were ready for this item to be placed on next Tuesday night's agenda. #3 Discuss first reading of an ordinance rezoning five (5) acres of land from Single-Family Dwelling District (R-l) to Public Use. Mr. Sawyer asked if this first reading would be next Tuesday and Mr. Sweatt replied the first reading of an ordinance usually follows the public hearing on the rezoning request. There being no further discussion, Council affirmed their readiness for this item to be included on next Tuesday night's agenda. #4 Discuss final reading of an ordinance establishing a Reinvestment Zone for Intsel Southwest Incorporated. Mr. Sweatt commented Neil Parsley is here this evening to represent Intsel. We are considering not only the final reading of an ordinance establishing the reinvestment zone, but also the final reading of an ordinance approving a tax abatement. Mayor Baldwin asked if they couldn't discuss both items at the same time. Upon being told by Mr. Sweatt they could, the Mayor also included the following: 45 Discuss final reading of an ordinance approving a Tax Abatement and a Tax Abatement Agreement with Intsel Southwest Incorporated. Mr. Parsley commented the name Intsel is kind of a contraction for International Selling Corporation which is a company that was established close to 100 years ago. The property has been purchased and the project is well underway. All the site work and drainage has been done, the building has been delivered (it's 86,000 square feet), and the piers and pier caps have been poured. The preliminary work on the rail spur has been completed on Intsel's property and they are still working with the railroad to complete the project. A contract' with the railroad should be forthcoming before too" long. The building has been moved by fifteen degrees to accommodate the rail. Intsel had told the City they would pay for redoing the road, as it is, on the opposite side of the track for 250 feet along the front of their property. They ~7 have a quote and a contract accomplished. for that work to be Mr. Sweatt advised this property is located along Doerr Lane. Intsel's main building and ancillary facilities, and the spur, will run along that frontage. The upgrading of Doerr Lane is included as part of the overall improvement used in calculating their capital investment to come up with abatement values. Intsel has cooperated with the City in meeting all the requirements necessary and the public hearing on their request was held several months ago. They ran into a minor soil problem regarding the foundation, but that has been solved. The company will employee 15 people. Mr. Parsley related their target date for opening is December lst and Mayor Baldwin welcomed them to the City. Council agreed they were ready for these items to be placed on next Tuesday night's agenda. *6 Discuss public hearing for a reinvestment zone and request for tax abatement from Vestal Steel Specialties Incorporated. Mr. Sweatt told Council this item is essentially a two-prong item. It deals with a reinvestment zone public hearing scheduled for next Tuesday and a request for Tax Abatement. The Economic Development Commission has also reviewed this request. Walter Vestal, owner of the development, is here tonight. His property consists of a 56 acre tract of land on FM 3009 adjacent to Technos. The proposal is for an industrial subdivision which includes a public street. In addition to Vestal Steel products, there will be lots created for other industrial activities. Construction is underway for both the street and related utilities. This area is not in the City's current Enterprise Zone, so it does require a public hearing to establish a reinvestment zone. Mr. Sweatt went on to say regarding the tax abatement issue, proposed improvements will be in the amount of $730,000 which translates into a net revenue of about $8.67 for every $1.00 in cost. The overall abatement percentage is 50.82% for a 6-year term. It is believed this is a good deal for the City. Mr. Vestal spoke at this time g1v1ng some references of his company's work such as the main entrance at Sea World, the Alamodome, Keebler and the roller coaster at Fiesta Texas. Mr. Vestal also mentioned that even though they haven't broken ground yet, he already has commitments from seven or eight industrial companies for the other lots. ~~ Mayor Baldwin thanked Mr. Vestal for his investment in the city and Council indicated their agreement at having this item included on next Tuesday night's agenda. #7 Discuss request Abatement. from Alamo Holly for a ~x Mr. Sweatt advised that Alamo Holly will be located in Tri-County Business Park off Triton. The plans are for a 12,000 square foot masonry building, including office spaces. They estimate to make capital improvements of $290,000 to the property and have requested a variance to the usual tax abatement schedule. The tax abatement agreement, if approved, would extend over a four-year period and grant them a 90% abatement for the first three years and a 17.4% abatement for the fourth year. The dollar amount comes out the same as the usual six year abatement agreement. The net revenue will be about $22.58 for every $l.OO in cost. Mr. Sweatt stated Gary Palmer of Alamo Holly is here tonight if anyone has questions. Mayor Baldwin welcomed Mr. Palmer to the City of business community and Council agreed they were for this item to be included on next Tuesday agenda. Schertz prepared night's #8 Discuss approval of BOA Rules of Procedure. Mr. Sweatt remarked the revised BOA rules of Procedure recognize the addition of alternates. They have been reviewed by the City Attorney who recommends their approval. Council indicated they were ready for this item to be placed on next Tuesday night's agenda. #9 Discuss first reading of an ordinance creating a fund in the City Treasury which will be named Municipal Court Building Security Fund. Mr. Sweatt noted the State law provides for the Municipal Court to attach a $3.00 fee to the cost of specific citations. The funds from this $3.00 fee can only be used for certain things and the fee is only charged if the person is convicted. Mr. Potempa inquired if hand-held metal detectors would be covered under things the money could be used for and Mr. Sweatt replied it's a possibility. Mr. Swinney questioned how much this $3.00 fee is estimated to bring in and Mr. Sweatt answered they have estimated $2000 for this fiscal year. Mr. Sweatt went on to explain that a lot of the court costs are not municipal, they are State instead. Mr. Potempa Driving and Mr. find out. then wondered how this applies' to Defensive Sweatt responded he did not know, but will ~1 Mayor Baldwin determined, after questioning, that was ready for this item to be placed on next night's agenda. Council Tuesday #10 Discuss awarding bids for brush chipper. Mr. Sweatt related the City went out for bids on a brush chipper and two were received which were opened on September 14, 1995. Vermeer Equipment of Texas submitted a bid of $18,823 and Nichols Machinery submitted a bid of $21,800. It is recommended the bid go to Vermeer Equipment of Texas. Mr. Sweatt mentioned they will not take delivery until after October l, 1995 and then reminded Council the City had received an $11,000 grant toward the purchase of the chipper from TNRCC as part of a. recycling and demonstration project. Council implied their readiness for this item to placed on next Tuesday night's agenda. #11 Discuss nominations to Guadalupe County Appraisal District Board of Directors. Mr. Sweatt urged Council to recall that in an earlier discussion it was mentioned the nominations need to be in the hands of the Appraisal District no later than October 16th. Mayor Baldwin remarked the school district will no doubt give the majority of its votes to Malford Brehm and the remainder to Sylvia Schlather. Mr. Sawyer, saying he hadn't heard any complaints this term, stressed he would support Malford Brehm and Sylvia Schlather. Mr. Sweatt asked the Mayor how he knows the school district is going to nominate both and Mayor Baldwin replied he's not sure about Sylvia Schlather. Mr. Sawyer suggested he find out before the City makes a commitment. After a brief discussion, it was decided a resolution nominating Sylvia Schlather should be included on next Tuesday night's agenda. #12 EXECUTIVE SESSION: Called under Chapter 551 of the Texas Government Code, Sub-Section 551.072, deliberation regarding real property. An Executive Session was held from 8:10 p.m. to 8:45 p.m. #13 Consider and take action, if any, on the above Executive Session. No action was required. 9':;6 #14 CITY MANAGER'S REPORT: A. Mentioned that, due to the way the Tuesdays fall in October, there will not be a meeting on the 24th, so his evaluation by Council has been rescheduled for November 1st. B. Sought Council's approval to prepare a letter to CRWA and NBU, with a copy to GBRA, stating the City's plans to seek purchase of an initial 1,000 acre feet of water beginning in 1996, escalating to 2,000 acre feet in 1998, 3,000 acre feet in the year 2000, and up to a projected 6,500 acre feet by the year 2020. Mr. Sweatt said he resents it, but they are being forced to make a commitment by Joe Moore, Monitor for Federal Judge Lucius Bunton. This would seem to be the best thing to do at this time and we need to keep all options open. Council approved the sending of the letter. tIS ITEMS BY COUNCIL: Mr. Greenwald: A. Reported Planning and Zoning was very active again last night. They reviewed Greenshire, Unit 6 and also Arby's. Mr. McDonald stated it amazes him none of these people like McDonald's, Wendy's and Arby's have asked for a tax abatement. Mr. Greenwald pointed out most of them are franchises and this is just the manager here trying to do the job. Mr. Sweatt also mentioned they didn't need the incentive. B. Commented the City needs to talk to GVEC about getting some street lights along Schertz Parkway. Mr. Sweatt related they currently don't have power beyond Ashley Place. The general policy has always been on a city block basis and the purpose has been to light intersections. There was a brief discussion on street lights with Council asking Mr. Sweatt to check into the possibility of putting one at the Maske Road intersection because it is dangerous there and one at Ashley Place. Mr. Sweatt promised to look into it. Mr. Sawver: Thanked Council, on behalf of his wife, for the flowers, prayers and thoughts after her recent surgery. She is at home recuperating. Mr. PotemDa: A. Noticed on the corner by the school zone, where it crosses Schertz Parkway, the white squares (walkway) they painted between the reflectors are washing away. They just did that prior to school starting. Mr. Sweatt acknowledged they are not able to buy good traffic paint, they haven't been able to do so for the past three or four years. B. Asked what's there now where the.old junk yard used to be across from Mobile Villa. They have been selling cars. Mr. Sweatt said he would check into it. 1/";/ Mr. Swinnev~ Questioned who mows the weeds between FM 78 and the railroad tracks. Mr. Sweatt replied the State mows what's in the State right-of-way and the Railroad is responsible for the rest. Mr. Swinney then observed the Railroad sure doesn't take care of it and wondered if anything could be done about it. Mr. Greenwald inquired what would happen if we sent a weed letter. Mr. Sweatt replied the problem would be finding someone who's responsible for the mowing. Mr. Sawyer suggested threatening to slow the speed limit down to 30 mph from San Antonio to Seguin. Then someone will show up. Mr. Swinney thought maybe the press could shame them into mowing the grass. Mayor Baldwin wondered why we can't cut their grass and then send them a bill. Mr. Sweatt replied by asking what our recourse would be when they don't pay. There was discussion about the City's options regarding this matter. Mr. Sweatt, saying he had been dwelling only on the negative, admitted he finally got the name of an individual in the Houston office who has been fairly cooperative whenever they have called with a request. He will try that approach first in regard to the weeds. #16 ITEMS BY MAYOR: A. Indicated how excited he is about all the industrial growth in the City. B. Mentioned that Robinson commended for the ADA project. job. Construction needs to be They are doing an excellent Mr. Swinney asked how the pavilion repainting is coming along and was told by several Councilmembers it looks good. Mr. Potempa asked about an update on the condition of the City Attorney and Mr. Sweatt informed Council he is back in the office. Mr. Sweatt reported Chief Agee is in the hospital. having respiratory problems and they will be running tests on him. He is some Mr. Swinney inquired about the basketball hoops at pavilion and Mr. Sweatt answered they are not up yet. the #17 ADJOURNMENT: On a motion by Mr. seconded by Mr. Swinney and unanimously meeting was adjourned at 9:15 p.m. Potempa carried, and the ~~.:L ( Mayor, City of Schertz, Texas --.. ATTEST: ~~z