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AUGUST 22, 1996 SCHERTZ DEVELOPMENT FOUNDATION BOARD OF DIRECTORS' MEETING MINUTES August 22, 1996 Pat's Place South Item #1 Call to Order: The meeting of the Schertz Development Foundation Board of Directors was called to order at 12:00 noon by President, Tom Weaver. Those present: Tom Weaver Lew Borgfeld Kerry Sweatt Mark Marquez Earleen Ehlers Michael Spain Item #2 Approval of Minutes (08-23-95 and 02-29-96): Mr. Sweatt made a motion to approve the minutes as they stand, Mr. Borgfeld seconded the motion. Motion carried unanimously. - Executive Director - Recording Secretary Item #3 Tom Weaver Retirement: Mr. Weaver's retirement was discussed. Mr. Sweatt stated that on behalf of the Foundation members he would like to express their regret that Mr. Weaver was leaving, and to give him sincere thanks for the work he has done and time he has spent as President of the Foundation. Mr. Borgfeld asked Mr. Weaver's planned retirement date and he said September 1, 1996. Mr. Borgfeld asked him to extend the date for retirement to October 1, 1996, to give the Board time to replace him and recruit another member. Mr. Weaver agreed to extend the date. Mr. Sweatt asked that everyone make a list of eligible candidates to bring to the next meeting so that a nomination can be made to submit to City Council. Everyone agreed. Mr. Borgfeld asked that a memo go out to all members requesting submission of nominees. Mr. Marquez said that would be done. Item #4 Architechural Review of McKinney Project: Mr. Marquez headed a discussion on the project and site plan submitted by Mr. Bob McKinney, Foreign Affair. He said that Mr. McKinney has followed all the guidelines set forth by the Planning & Zoning and Inspection Departments and that the only thing not specifically outlined is landscaping. Planning & Zoning approved plans last Tuesday, August 20, 1996, and he recommended that the Architectural Committee also give approval. Mr. Borgfeld explained that the Architectural Committee had not been active since Mr. Charles McDonald left the Board. He asked that the Board itself act as the Architectural Committee on this and future projects. Mr. Sweatt made the motion that the Board as a whole serve as the Architectural Committee and Mr. Borgfeld seconded the motion. Motion carried unanimously. -2- Mr. Weaver made a motion to give Mr. McKenney conditional approval for his project stipulating he be more specific about landscaping and fencing of Lot #12. Mr. Sweatt seconded the motion which carried unanimously. Item #5 Approval of Disbursements to Schertz Business Association for July 4th Fireworks; and The Austin/San Antonio Corridor Council: Specific action on each item was discussed. It was noted by Mr. Weaver that to cover each line item on the agenda to show disbursement is not needed since they are already approved and in the budget. Review of the expenditures is not necessary. Mr. Borgfeld agreed. Mr. Marquez said that in the future he will just brief the Foundation and let it go at that. Mr. Weaver said that would be good, just something general to check if staying within the budget. Mr. Borgfeld stated that a financial report with each quarterly package would be sufficient, which was approved by concensus. Mr. Marquez reiterated that the City will no longer be a direct member of the Austin San Antonio Corridor Council since the Foundation will take over payment and membership. This will save the City who is a member of the Northeast Partnership, who is a member of the Corridor Council. Item #6 Executive Session - Discussion of Legal Ramifications for Lots 23 & 24: Session began at 12:52 p.m. Mr. Marquez stated that Mr. Boyle of SAC Corporation called just prior to the SDF meeting and Mr. Marquez asked what his intentions were regarding compliance with the covenants he agreed to when he purchased property in Commercial Place. Mr. Boyle said he felt he had complied and that he thought he would have heard from the City again if he had not complied. Mr. Marquez said that Mr. Boyle expressed a willingness to cooperate and that they had an additional meeting set for Monday, August 26, at 2:00 p.m., in Mr. Boyle's office. Mr. Marquez stated that there are still vehicles parked where they should not be, there is still a pile of dirt, there is no landscaping to speak of, as well as the issue of building which is still one year away. Mr. Marquez stated that he was unsure of where the Foundation stands. Do they enforce old covenants because the first acreage was acquired before the Foundation bought the property. Mr. Spain covered options of making the corrections and charging him for them, but stated least risky option would be to seek and have an injunction to force him to comply. A temporary restraining order giving him notice to cease doing what is causing non compliance and then fourteen days after get a temporary injuction. Mr. Spain said it is rare to have to get to the third step which is the actual injunction. He also stated the Foundation has the right to recover attorney's fees. This is the secure way to approach this type of situation. -3- Mr. Borgfeld added that the fence installed on the SAC property was not approved by the architectural committee and that design, etc., should be approved prior to installation. Mr. Weaver said that the Foundation might want to video or have some type of pictures of the non-compliance. Mr. Marquez reiterated that the landscaping is non-existent. Mr. Sweatt recommended to the Board that they be strict in monitoring compliance with restrictions and that SAC needs to be in compliance. Item #7 Consider and Take Action on Executive Session: Weaver said that polariods should be taken. Mr. Spain that he would send a letter to Mr. Boyle the middle of week regarding what was said in the meeting on Monday and Mr. Marquez should make sure to cover violations of restrictions. Mr. said next that deed Mr. Weaver asked if Mr. Spain was to be and he said no. He would meet with Mr. covered and then draft a letter. in the Monday meeting Marquez on what was Item #8 Discussion of Next Action on Country Wide Ceramics: Country Wide Ceramics closed June, 1994, and they have not started to build. Purchase price was $30,000 for lots 15, 16 & 17. Mr. Borgfeld had a letter from Country Wide Ceramics stating they did not feel they were financially able to build at this time. Mr. Marquez said they had originally planned to build two buildings. Mr. Borgfeld said he would speak with them, but that he felt they would like the Foundation to repurchase the lots. Mr. Spain said that an option would be to give them another year, but keeping with the original buy back theory if during that year they still could not build. Mr. Sweatt added that once we talk to them regarding their plans we will know what our options are. Consensus was that Mr. Marquez would set up a meeting with them to discuss options and make offer of another year. He would get everything in writing as far as committments. Item #9 Staff Comments: None. Item #10 Board Member Comments: None. Item #11 President's Comments: No other comments. Item #12 Set Next Meeting Date: No date has been set. Item #13 Adjourn: Mr. Weaver made a motion to meeting, Mr. Sweatt seconded. Motion carried Meeting was adjourned at 1:20 p.m. adjourn the unanimously. -r;:~ J~,"",,\;\ Mr. Tom Weaver \ Chairman ~,~ ~A-/ . Ms. arleen Ehlers Recording Secretary