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ccreg 03-20-01 REGULAR SESSION OF THE SCHERTZ CITY COUNCIL MARCH 20, 2001 The Schertz City Council convened in Regular Session on Tuesday, March 20, 2001 at 7:00 p.m in the Municipal Complex Council Chambers, 1400 Schertz Parkway, Schertz, Texas. Those present were as follows: Mayor Hal Baldwin, presiding; Councilmembers Norma Head, Joe Potempa, Reginna Agee, Glyn D. Williams and Ken Greenwald. Staff present were City Manager Dewey Cashwell and City Secretary Norma Althouse. Mayor Baldwin asked everyone to rise and join him in the Pledge of Allegiance to the Flag. After the Pledge, two Proclamations were presented. The first declared the month of April to be Child Abuse Prevention Month. The second proclaimed March 20, 2001 as Emil J. Hirsch III Day in the City of Schertz to recognize Emil J. Hirsch III's heroic act, the Heimlich maneuver, performed March 6th at Schlotzsky 's Restaurant to rescue a woman who was choking. Mr. Hirsch was congratulated by all. Following presentation of the Proclamations, Steve Simonson was presented a plaque for his service to the City as Interim City Manager. He and his wife Carol were also given a $50.00 Gift Certificate to the Vineyards Restaurant. Mr. Simonson said it had been his pleasure and honor to serve as Interim City Manager. Mr. Cashwell noted the Gift Certificate serves well as a 42nd anniversary present. #1 HEARING OF RESIDENTS No one had signed up to speak. #2 ORDINANCE: Consideration and first reading of an Ordinance by he City Council of the City of Schertz, Texas authorizing the issuance of "City of Schertz Texas Utility System Revenue and Refunding Bonds, Series 2001"; providing for the payment of the principal of and interest on the bonds by a first and prior lien on and pledge of the net revenues of the system; providing the terms and conditions of such bonds and resolving other matters incident and relating to the issuance, payment, security, sale and delivery of such bonds, including the approval and distribution of an official statement pertaining thereto; authorizing the execution of a paying agent/registrar agreement, purchase contract, and an escrow deposit letter of representations; and providing for an effective date. Mr. Cashwell mentioned that Mark McLiney is not present. These bonds are for construction of a water facility in conjunction with Seguin to refinance the 1987 bonds. It will reduce the reserve bond funding requirement one and one-half times. A surety bond can be purchased. They can buy down the debt from 6.9% to 5.0"10, which is a savings of of $105,000.00. Numbers can be consolidated for tracking purposes. 122 Mayor Baldwin introduced an Ordinance and read the caption as follows: AN ORDINANCE Consideration and first reading of an Ordinance by the City Council of the City of Schertz, Texas authorizing the issuance of "City of Schertz Texas Utility System Revenue and Refunding Bonds, Series 2001"; providing for the payment of the principal of and interest on the bonds by a first and prior lien on and pledge of the net revenues of the system; providing the terms and conditions of such bonds and resolving other matters incident and relating to the issuance, payment, security, sale and delivery of such bonds, including the approval and distribution of an official statement pertaining thereto; authorizing the execution of a paying agent/registrar agreement, purchase contract, and an escrow deposit letter; complying with the requirements of the depository trust company's letter of representations; and providing for an effective date. Mr. Williams moved to approve the first reading of the Ordinance as captioned above. Mrs. Agee seconded the motion. Mr. Greenwald pointed out that a one-half percent reduction today is perfect timing. At this time the vote was taken and the Ordinance passed with the following votes: AYES: Councilmembers Head, Potempa, Agee, Williams and Greenwald. NAYS: None. #3 PUBLIC HEARING: To receive citizen comments on a request by Larry Aiken for a Specific Use Permit to build an elementary school in Wynn Brook Subdivision off Green Valley Road. Mayor Baldwin explained the procedures to be followed for the public hearing. Mr. Cashwell advised that Steve Simonson has been working with Mr. Aiken on coordinating this project. Mr. Simonson noted that Green Valley Road has to be rebuilt. It has to be taken out of the floodplain and has to be improved because children from the Greenshire Subdivision would be walking to school. Mr. Cashwell informed Council 29 letters were sent out to I'wl',",;f owners within the required distance. Two (2) were returned in opposition to the project and one (1) was returned in favor. Mr. Aiken commented a Traffic Impact Analysis was done and there are funds in escrow for the improvement of Green Valley Road. Phase I ofthe construction of the school is underway. It is an elementary school and it is estimated there will be approximately 500 students. 123 There being no further comments or questions, Mayor Baldwin closed the public hearing at this time. #4 Consider and take action on above request for Specific Use Permit. Mr. Greenwald moved to approve the request by Larry Aiken for a Specific Use Permit to build an elementary school in Wynn Brook Subdivision off Green Valley Road. Mr. Potempa seconded the motion. Before the vote, Mr. Greenwald pointed out this project is in keeping with the concept of neighborhood schools. At this time the vote was taken and the motion carried as follows: AYES: Councilmembers Head, Potempa, Agee, Williams and Greenwald. NAYS: None. #5 ORDINANCE: Consider and take action on final reading of Ordinance regarding Tax Abatement Reinvestment Zone for Technos, Incv'l'v,";;ed. Mayor Baldwin introduced an Ordinance and read the caption as follows: ORDINANCE NO. 01-T-7 BY THE CITY COUNCIL OF THE CITY OF SCHERTZ. TEXAS, ESTABLISHING THE TECHNOS CORPORATION REINVESTMENT ZONE 3. Mark Marquez explained this has to be established prior to approving a Tax Abatement for Technos. Mrs. Agee moved to approve the final reading of an Ordinance establishing the Technos CO'l'v'Mion Reinvestment Zone 3. Mr. Potempa seconded the motion, which carried with the following votes: AYES: Councilmembers Head, Potempa, Agee, Williams and Greenwald. NAYS: None. #6 ORDINANCE: Consider and take action on final reading of Ordinance regarding Tax Abatement and Tax Abatement Agreement with Technos, Inco'l'v'Med. Mayor Baldwin introduced an Ordinance and read the caption as follows: 124 ORDINANCE NO. 01-T-8 THE CITY OF SCHERTZ, TEXAS APPROVING A TAX ABATEMENT AND TAX ABATEMENT AGREEMENT, BY THE CITY COUNCIL, FOR AND WITH THE TECHNOS CORPORATION, A PROPERTY OWNER IN THE CITY OF SCHERTZ. Mr. Williams moved to approve the final reading of an Ordinance regarding a Tax Abatement and Tax Abatement a&,","H~nt with Technos, Inco'l'v,";ed. Mrs. Head seconded the motion, which carried with the following votes: AYES: Councilmembers Head, Potempa, Agee, Williams and Greenwald. NAYS: None. #7 ORDINANCE: Consider and take action on final reading of Ordinance adopting Guidelines and Criteria Policy for Tax Abatement. Mr. Cashwell advised this Ordinance contains the guidelines for all future abatements which are available to all who apply and participate. Mayor Baldwin introduced an Ordinance and read the caption as follows: ORDINANCE NO. 01-T-9 BY THE CITY COUNCIL OF THE CITY OF SCHERTZ. TEXAS, ADOPTING GUIDELINES AND CRITERIA FOR TAX ABATEMENT AND REINVESTMENT ZONES. Mr. Williams moved to approve the final reading of an Ordinance adopting Guidelines and Criteria Policy for Tax Abatement and Reinvestment Zones. Mrs. Head seconded the motion, which carried with the following votes: AYES: Councilmembers Head, Potempa, Agee, Williams and Greenwald. NAYS: None. #8 BID AWARD: Consider and take action awarding bid for 2001 Street Repair Project. Mrs. Head moved to award the bid for the 2001 Street Repair Project to J.D. Ranuning Paving Co., Inc. in the amount of$66,120.50. Mr. Agee seconded the motion, which carried with the following votes: 125 AYES: Councilmembers Head, Potempa, Agee, Williams and Greenwald. NAYS: None. #9 INVESTMENT POLICY: Consider and take action approving City's Investment Policy. Mr. Cashwell emphasized the City is not under the gun to approve this policy. There is nothing in this policy to cause any harm If Council wishes, they can table it and put it on a future workshop for discussion with the City Attorney. After Mayor Baldwin asked the Councilmembers for their feelings on this matter, Mr. Greenwald moved to table action on the Investment Policy pending a meeting with City Attorney, Michael Spain. Mr. Williams seconded the motion, which carried with the following votes: AYES: Councilmembers Head, PV;"''''I'a, Agee, Williams and Greenwald. NAYS: None. #10 RESOLUTION: Consider and take action on Resolution regarding opposition to HB64 and SB339 Financial Disclosure. Mayor Baldwin read the following caption: RESOLUTION NO. 01-R-8 OPPOSING HOUSE BILL 64 AND SENATE BILL 339. The Mayor then pointed out the Resolution is self-explanatory regarding financial disclosure. The Northeast Partnership has asked all the cities to support the Resolution and submit it to Congressman Jeff Wentworth. Mr. Williams moved to approve the Resolution regarding opposition to HB64 and SB339, Financial Disclosure. Mr. Potempa seconded the motion, which carried with the following votes: AYES: Councilmembers Head, Potempa, Agee, Williams and Greenwald. NAYS: None. 126 #11 CITY MANAGER'S REPORT . Provided Council a copy of the census figures, which show we have 8097 new residents. Said he would get a subsequent package to Council with further information. #12 ITEMS BY COUNCIL Mrs. Head: . Stated she thoroughly enjoyed the ceremonies on Employee Remembrance Day. Mr. Cashwell and the Mayor made very relevant remarks. . Requested that a report on the status of tearing down the old fire station be placed on the next agenda. Mrs. Al!ee: . Mentioned she had attended the library's open house. They had a nice turnout and the new computers are a big asset to the community. Mr. Williams: . Questioned if they aren't supposed to go back and review the Bexar Waste contract. He was informed that item would be on the next agenda. #13 ITEMS BY PUBLIC INFORMATION OFFICER . Indicated there was a press release today ,........Jing an upcoming event on March 22nd at Texas Lutheran University at 7:00 p.m. This event will involve both the City of Schertz and the City of Seguin and the project they are participating in for an alternate water source. . Commented the TV show, America's Most Wanted, will be in town. . Advised the Express News has an article coming out on Tax Abatement and Economic Development in Tri-County and also in some of our neighboring cities. #14 ITEMSBYMAYOR . Expressed his appreciation of the Employee Remembrance ceremony, particularly the flag team from Emergency Services personnel and the turnout of City employees. 127 #15 EXECUTIVE SESSION: Called under Chapter 551 of the Texas Government Code, Sub-Section 551.074 Personnel Matters, to deliberate appointment, employment, evaluation, etc. of Municipal Judge/Court Administrator/Magistrate. An Executive Session was held from 8:05 p.m until 1 0: 17 p.m #16 Action, if any, on above Executive Session. No action was necessary. #17 ADJOURNMENT There being no further business to discuss, Mayor 10:22 p.m dwin adjourned the meeting at ~&!<:~ Mayor, City of Schertz, Texas ATTEST: mUtu ~ Mrk. City Seeretaiy, City of Schertz ,- 128