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02-02-10 _ _ _ MINUTES REGULAR MEETING February 2, 2010 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on February 2, 2010 at 6:30 p.m., in the Municipal Complex Council Chambers, 1400 Schertz Parkway, Building #4, Schertz, Texas. The following members present to-wit: Mayor Hal Baldwin Mayor Pro-Tem David Scagliola Councilmember Jim Fowler Councilmember John Trayhan Councilmember Michael Carpenter Staff Present: Assistant City Manager John Bierschwale Assistant City Manager David Harris City Secretary Brenda Dennis CALL TO ORDER REGULAR MEETING Mayor Baldwin called the meeting to order at 6:3.0 p.m. INVOCATION AND PLEDGES OF ALLEGIANCE TO THE FLAGS OF THE UNITED STATES AND STATE OF TEXAS. Councilmember Fowler gave the invocation followed by the Pledges of Allegiance to the Flags of the United States and State of Texas. PRESENTATIONS • Presentation and discussion on the upcoming Wilenchik Walk for Life March 6, 2010. (J. Bierschwale) Mayor Baldwin recognized Assistant City Manager John Bierschwale who introduced this item providing a brief PowerPoint presentation answering questions from Council. Mr. Bierschwale provided the following information regarding the upcoming event: - Date: Saturday, March 6, 2010 - Time: 7:00 am -Check In 8:00 am -Walk begins - Place: Old Library - 608 Schertz Pkwy - Cost: $20 per person or $15 per person if on a team $10 Dog Registration $15 Signs of Love Registration forms available at City Hall Business Office or at www.schertz.com, last year the event raised $27,844, which was used by the Cancer Therapy and Research Center at UT Health Science Center San Antonio to obtain $3-5 million in grants. This year our goal is to raise more. 02-02-2010 Minutes _ HEARING OF RESIDENTS Mayor Baldwin recognized the following Citizens: • Carl Douglas, 2550 Woodland Village Place who spoke of concerns regarding the process used for EDC Budget. • David Richmond, 2921 Bench Tree Drive who spoke regarding agenda item 5 stating this was a great facility but expressed his concerns on the need of an assisted living facility in the future. • William Brown, Woodland Oaks Home Owners Association who spoke regarding Code enforcement issues regarding vehicles on the street. • Robert Brockman, 1001 Elbel who spoke regarding notification of when the trail riders are coming though. Staff stated that they would be coming through on Thursday. Discussion and/or Action Items 1. No Parking, Stopping or Standing in bicycle lanes -Ordinance No. 2009-M-42 - Status report, discussion and possible further action by Council regarding this ordinance. (J. Bierschwale) Mayor Baldwin recognized Assistant City Manager John Bierschwale who introduced this item providing a brief PowerPoint answering questions from Council. Mr. Bierschwale stated staff was working with the postal service regarding the relocation of the mail receptacles. He stated they would be using directional "No Parking" signs on Savannah Drive, which would address the traffic concern. Mr. Bierschwale stated that vehicles could not pass safely if parking is permitted on Savannah between Schertz Parkway and FM 3009 and that designated traffic lanes do not permit parking on Savannah along the curb in front of Paschal School. He also stated that parking is not restricted west from the school to the city limits. Mr. Bierschwale also stated he would like the word "erected" be changed to "posted" in section 86-149 (a) of Ordinance No. 09-M-42. It was the concurrence of the Council to have staff bring back a corrected ordinance with the change noted. 2. Minutes -Consideration and/or action regarding the approval of the minutes of the Regular Meeting of January 26, 2010. Mayor Baldwin recognized Councilmember Fowler who moved, seconded by Councilmember Trayhan to approve the minutes of the regular meeting of January 26, 2010. Vote was unanimous. Motion Carried. 3. Utility Billing Write-Offs -Consideration and/or action approving the Utility Billing Write-Offs. (C. Spence). Mayor Baldwin recognized Business Office Manager Carol Spence who introduced this item stating that action requested of Council approves a Utility Billing write-off 02-02-2010 Minutes Page - 2 - _ _ _ _ amount of $5,008.13 for the period of April 1, 2009 through June 20, 2009. Ms. Spence stated that as per City policy, Utility Billing is to bring uncollectable debt to ' the City Council throughout the year that is to be written off after 180 days of non- payment. Mayor Baldwin recognized Councilmember Carpenter who moved, seconded by Councilmember Fowler to approve the Utility billing write-offs in the amount of $5,008.13. Vote was unanimous. Motion caNNied. 4. Resolution No. 10-R-06 -Consideration and/or action approving a resolution approving a $150,000 loan from the Schertz Economic Development Corporation to ' SPV Ventures, LLC, authorizing a Loan Agreement, Deed of Trust, Note, and related documents, and other matters in connection therewith. (G. Antuna/J. Jewell) Mayor Baldwin recognized Assistant Economic Development Director Jeff Jewell who introduced this item stating that action requested of Council approves a loan from Schertz Economic Development Corporation to SPV Ventures, LLC ("SPV") for construction of a new medical office building in the City. The Schertz Economic Development Corporation approved the loan at their board meeting of January 14, 2010. Mr. Jewell stated the loan from the EDC to SPV will be (i) in the principal amount of $150,000, (ii) at an interest rate of 0%, (iii) subordinate to the loan to SPV from Schertz Bank & Trust, (iv) for a term of the earliest of (x) twenty years, (y) the conveyance by SPV of one hundred percent (100%) of its interest in the real property or the SPV entity or (z) SPV's refinancing of the property in excess of the actual construction costs. In addition, the loan will be partially repaid if SPV sells less than one hundred percent (100%) of its interest in the property or the SPV entity (the proportionate share of the outstanding indebtedness shall be due upon the sale of such interest). Mr. Jewell addressed Councils questions and concerns. Mayor Baldwin recognized EDC Director George Antuna who came forward further addressing concerns of Mayor Baldwin regarding approving the loan. Mayor Baldwin recognized EDC President Steve White who came forward stating that he had spoken to the City Attorney last week regarding if the document had a claw back provision in the contract and he indicated yes the city would get their money back if SPV defaults on the loan. Mayor Baldwin recognized Councilmember Carpenter who stated that he is in support of this for two reasons: (1) there is a shortage of medical space within the city (2) that the city has already invested on the piece of property, as they have used CPS credits to build the power pole to bring power to the area and the sooner the city can get this facility built the sooner the city will be getting tax revenue. Mayor Baldwin recognized Councilmember Carpenter who moved, seconded by Councilmember Trayhan to approve a resolution authorizing the Schertz Economic Development Corporation to approve a loan for $150,000 to SPV Ventures, LLC 02-02-2010 Minutes Page - 3 - _ _ _ _ _ ("SPV") for the construction of a new medical office building. Vote was unanimous. Motion carNied. 5. Resolution No. 10-R-07 -Presentation and consideration and/or action approving a resolution in support of the proposed Ashton Senior Village, approving an application to TDHCA for Home. Funds and tax credits to finance such project and providing an effective date. (D. Harris) Mayor Baldwin recognized Assistant City Manager John Bierschwale who introduced this item stating that a presentation was recently made to the City Council regarding a proposed affordable senior housing facility in the City. As part of the project plan, the developer is seeking the City's support in applying for tax credits and HOME funds from the Texas Department of Housing and Community Affairs. Action requested of Council approves City's support for the Ashton Senior Village Project by Denison Development and Construction. Mr. Bierschwale stated that there is no direct fiscal impact, if facility is constructed it is anticipated that 50% of the property value will be exempt from ad valorem taxes under state tax codes. Mayor Baldwin recognized Mr. Colby Denison with Ashton, Ltd. who came forward giving overall briefing answering questions from Council. Mayor Baldwin recognized Councilmember Fowler who moved, seconded by Councilmember Scagliola to approve a resolution in support of the proposed Ashton Senior Village; approve an application for Home Funds and tax credits to finance such project and provide an effective date. Vote was unanimous. Motion cart~ied. 6. Resolution No. 10-R-08 -Consideration and/or action approving a resolution hiring Denton Navarro Rocha & Bernal, P.C. for a special project. (J. Bierschwale) Mayor Baldwin recognized Assistant City Manager John Bierschwale who introduced this item stating that action requested of Council is to hire Denton, Navarro, Rocha, and Bernal for the purpose of providing background briefing to the County Attorney regarding the City's agreement with the Guadalupe County Attorney to request an Attorney Generals opinion regarding the 1993 opinion by the Texas Attorney General requiring that political subdivisions pay impact fees and requesting a new opinion on the topic. Mr. Bierschwale stated our City Attorney's firm also provides certain legal services to COMA and cannot provide background support to the County Attorney because of the rules regarding conflicts of interest. City staff recommends that the City Manager be authorized to employ Lowell Denton's law firm for the specific purpose of providing the background briefing to the County Attorney. 02-02-2010 Minutes Page - 4 - Mayor Baldwin recognized Councilmember Trayhan who moved, seconded by Councilmember Fowler that based on the City Attorney's recommendation approves. a resolution authorizing the City Manager to employee Lowell Denton's law firm for the specific purpose of providing the background briefing to the County Attorney. Vote was unanimous. Motion carried. 7. Resolution No. 10-R-09 -Consideration and/or action approving a resolution replacing Resolution No. 10-R-02 designating and naming the City's official newspaper. (B. Dennis) Mayor Baldwin recognized City Secretary Brenda Dennis who introduced this item stating that on January 5, 2010, the City Council selected the Daily Commercial Recorder as the City's newspaper of record for legal notices, with the City's notices also to be published in the Northeast Herald for no additional charge. Since that approval, the Daily Commercial Recorder and the Northeast Herald have agreed to lower prices. Mayor Baldwin recognized Councilmember Trayhan who moved, seconded by Councilmember Carpenter to approve Resolution No. 10-R-09. Vote was unanimous. Motion carried. Requests and Announcements 8. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. No requests given. 9. Requests by Mayor and Councilmembers to City Manager and Staff for information. Mayor Baldwin recognized Councilmember Fowler who stated that he went by Lowes today and noticed the splash wall had been framed and the cement poured but asked City Engineer Larry Dublin when he reviewed the drawings that on the back side of the wall was there going to be any type of support. Mr. Dublin stated they do not show any, that there is an adhesive that is applied before the concrete is poured, the reinforcing rods are epoxy into the holes that are drilled, and this is a common technique. 10. Announcements by Mayor and Councilmembers • City and community events attended and to be attended • City Council Committee and Liaison Assignments (see assignments below) • Continuing education events attended and to be attended • Recognition of actions by City employees • Recognition of actions by community volunteers • Upcoming City Council agenda items 02-02-2010 Minutes Page - 5 - Mayor Baldwin recognized Mayor Pro-Tem Scagliola who stated he attended a luncheon today with the Principal and Vice Principal with Our Lady of Perpetual Health in Selma that was given to say thank you for our support. Mayor Pro-Tem Scagliola stated that he brought back some posters for Mayor Baldwin and the Schertz City Council, Police Department as well as a package of letters written by some of the students to the Fire Department. Mayor Pro-Tem Scagliola read some of those letters in which the students are thanking them for keeping them safe. Mayor Baldwin recognized Councilmember John Trayhan who stated that he had also attended the luncheon today and echoed the sentiments of the school and their students. 11. Announcements by City Manager • Recognition of City employee actions • New Departmental initiatives No announcements given. ADJOURNMENT As there was no further action, Mayor Baldwin adjourn the meeting at 7:36 p.m. Hal Baldwin, 1V~ayor ATTEST: Y ~r Brenda Dennis, TRMC, City Secretary 02-02-2010 Minutes Page - 6 -