ccreg 09-27-1995
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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
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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
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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.
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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
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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.
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#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
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(
Mayor, City of Schertz, Texas
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ATTEST:
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