CITY OF
CITY COUNCIL MEETING
MINUTES OF FEBRUARY 20, 2007
7:00 PM
The
City Council of the City Of
Mayor
Craig Martin Mayor
Pro Tem Gloria Weers, Place 6
Councilman
Councilman
Scott Jauregui, Place 4 Mr.
Jim Uballe, Place 5
Mr.
Sam Hughes, City Manager Ms.
Laura Arens, Assistant City Manager
Mr.
Rick Jamison, Police Chief Mr.
Gene Baldwin, Fire/EMS Chief
Mr.
Jerry Wilson, Finance Director Mr.
Mark Luft, COC EDC Executive Director
Mr.
Ray Ortiz, City Attorney Ms.
Penny Hieronymus, City Secretary
{Tape
1, Side A}
1.
Call City Council Meeting to Order
At
approximately 7:00 PM, Mayor Martin called the meeting to order.
2.
Invocation by Minister Darnell Matthews,
Minister Matthews gave the invocation.
3.
Pledge of Allegiance
Mayor
Martin led all those present in the Pledge of Allegiance.
4. Roll Call and Recognition of
Visitors
Mayor Martin asked the record to reflect that all CC
members were present with the exception of Councilman Smith who was absent and
should be arriving shortly.
5. Consent Agenda. All of the following Items May Be Acted Upon
By One Motion. No Separate Discussion Or
Action On Any Of The Items Is Necessary Unless Desired By A Council Member
A. Approval of City Council
Minutes - City Council Meeting
B. Approval of City Council
Minutes - City Council Meeting February 6, 2007
C. Approval of City Council
Minutes - City Council Meeting February 9, 2007
D. Receive Park and Recreation
Commission Minutes for Meeting Conducted on
E. Receive Economic Development
Corporation Minutes for Meeting Conducted on
F. Receive Economic Development
Corporation Minutes for Meeting Conducted on
G. Action to Appoint Mr. Samuel
Perez Jr.,
H. Action to Approve Financial
Statements for
I. Action to Approve Investment
Report as of
MPT Weers made a motion to approve agenda item
#5. Councilman Schindler seconded the
motion.
Councilman Uballe asked for item #5 G to be voted
upon separately.
MPT Weers made a motion to approve agenda item #5
A-I and vote on item #5 G separately.
Councilman Schindler amended his second to the motion
There being no objections, those items with the
exception of #5 G will pass by general consensus and it passes.
Councilman Schindler made a motion to approve agenda
#5 G. Councilman Uballe seconded the
motion.
Councilman Uballe stated Mr. Perez is a citizen that
participates and wants involvement in his community as a P&R member.
It passed unanimously to approve agenda #5 G.
6.
Citizens To Be Heard
There were no “Citizens To Be Heard”.
7.
Special Consideration Items
A. Recognition of Mr. Karl
Hoppes for More Than 20 Years Service to the City of
B. Recognition of Ms. Adriana
Hieronymus for More Than 20 Years Service to the City of
C. Recognition of Mr. Ruben
Cuellar for More Than 15 Years Service to the City of
Mayor Martin presented Mr. Hoppes, Ms. Hieronymus
and Mr. Cuellar with a “Certificate of Appreciation”, lapel pin and a City coin
and a day/2 day off.
D. Presentation of Fireman of
the Year by the Mr. Marty Stillwell, VFW Post #4676,
Mr.
Stillwell presented Capt. Craig Ramon with a certificate and check for his
outstanding work.
8.
Public Hearings
A. None
Mayor Martin stated there were no “Public Hearings”.
9.
Old Business
A. None
Mayor Martin stated there was no “Old Business”.
10.
New Business
A. Discussion and Appropriate
Action on a Request to Approve the Audit Report for the City of Converse
Economic Development Corporation for Fiscal Year 2005-2006 (State Mandate)
Mr. Zachary Vargyas and Ms.
Mr. Vargyas briefly went over the COC EDC FY
2005-2006 audit report. He presented
this financial statement to the EDC board a week ago and it was issued a clean
opinion. They found no errors, fraud,
etc. The EDC financial status improved
during 2006. There was an increase in
net worth due to the hard work of Mr. Luft, EDC Director. Financial statements would not have been able
to have been this clean if it had not been for Mr. Wilson taking care of the
books.
B. Discussion and Appropriate
Action on a Request to Approve the Audit Report for the City of
Mr. Vargyas went over the audited financial
statement and the “Letter on Conduct on Audit”.
They found no mismanagement, no material journal entry that were
required to keep the books in line, all aspects of the City were available to
them – there was full disclosure. They
had 2 comments to help streamline the City: document retention and reconciliation
procedures, which have been discussed with Mr. Hughes and Mr. Wilson and they
have concurred with the findings. They
are not audit findings just recommendations.
At this time, Mr. Vargyas went over pages with a
more brief explanation. In summary, the
City did very well.
Mayor Martin asked for a motion on item #10 A.
Councilman Schindler made a motion to approve agenda
item #10 A. Councilman Uballe seconded
the motion.
It passed unanimously to approve agenda item #10 A.
Mayor Martin asked for a motion on item #10 B.
Councilman Uballe made a motion to approve agenda
item #10 B. MPT Weers seconded the
motion.
It passed unanimously to approve agenda item #10 B.
C. Discussion and Appropriate
Action on a Request to Approve City of Converse Ordinance #872; an Ordinance
Annexing into the City Limits of Converse an Irregular Shaped Piece of Land of
109.12 Acres, More or Less, Located Along FM 78 and Adjacent to the South City
Limit of the City of Converse (First Reading) (City Manager)
Mr. Hughes stated we have met all requirements of the
Texas Local Government Code, there have been letters to all property owners
within the proposed annexed area, there have been 2 public hearings with
appropriate notices in the newspaper and this is the 1st lawful
opportunity that the CC has to make a decision that they do or do not want to
annex this property within the City limits.
It passed unanimously to approve agenda item #10 C.
Mr. Andy Rocha of
Mayor Martin explained there are procedures to
follow. He advised Mr. Rocha that no one
had signed up under “Citizens To Be Heard”, but did allow him to voice his
opinion. Mayor Martin stated that all of
the comments that were mentioned at every public hearing we had were taken
under consideration that they made.
Mr. Ortiz stated we could not give Mr. Rocha legal
advice. The process is the one provided
by the legislature and the codes we have to follow and everything that has been
done has been proper and the comments made are part of the record and the
Council has conducted their vote.
Mayor Martin stated we have one more reading which
is the next Council meeting. The time to
address Council is under “Citizens To Be Heard”.
Mr. Hughes stated as a part of the annexation
Ordinance we have a Service Plan, which has been available. The Service Plan promises to the new annexed
area all of the services that are received by the citizens of Converse
(Fire/EMS services provided now under a contract with the Emergency Services
District #1 of Bexar County, Police support, assumes responsibility for street
repair, sidewalks, curbs, storm water drainage, street lights and entitled to
Council representation. The short of it
is, the average person in Converse pays about $34 a month for all of the City
services.
D. Discussion and Appropriate
Action on a Request to Approve the Ballot for Charter Amendments for May 12,
2007 City Election (City Manager)
Mr. Hughes stated CC has passed Resolutions with
amendments and those amendments were incorporated in the Resolutions before
they were signed and approved.
Councilmen Suarez and Uballe were asked to do Spanish translation,
review and proof before going to the voters.
Councilman Schindler proposed adding a paragraph “B”
on Page 3, Proposition 3, Change 2.04 Vacancies and Filling of Vacancies, “The
only exception would be if the vacancy occurs within 90 days of the expiration
of the term”.
Mr. Hughes explained there are now only 2
permissible election dates, the General Election in May and the 1st
Tuesday after the 1st Monday in November.
Councilman Suarez made a motion to approve agenda
item #10 D. Councilman Schindler
seconded the motion.
It passed unanimously to approve agenda item #10 D.
E. Discussion and Appropriate
Action on a Request to Approve a One Year Lease Agreement Between the City of
Converse and Glenn and Sandy Laskowski for the Park Concession Stand (City
Manager)
Mr. Hughes stated this is a renewal of a contract
with the same 2 personnel that ran the concession stand last year for
essentially the same terms. We have put
in a couple of phrases that clarify that we would like more current information
about sales on a monthly basis.
At this time, there were a few questions and
answers.
Councilman Schindler made a motion to approve agenda
item #10 E. MPT Weers seconded the
motion.
It passed unanimously to approve agenda item #10 E.
F. Discussion and Appropriate
Action on a Request to Approve the Annual Report for 2006 on Racial Profiling
(Police Chief)
Captain Rheiner briefly went over the Annual Report
for 2006 on Racial Profiling, not a lot has changed throughout the book. The demographics have changed to include
officers and civilian staff by age, ethic origin, male/female training hours,
and years of service. The law has not
changed since last year in responding to racial profiling. The Tier 1 Data Report is the main piece of
the report.
{Tape 1, Side B}
Captain Rheiner referred to page 58, he has included
all of the Tier 1 Data from 2002 to 2006 and it is all broken down so CC can
have a running history of what they have been doing so far. Not a whole lot of change between 2006 and
2005, other than on page 60. They did
not get any written complaints on racial profiling. As per the law they have to have complaints
available through multiple sources (can get on web, can get from office, or can
be mailed to them). In summary, they are
going to continue on their recommendations on what they are doing now,
informing their officers and education.
The only mandate through SB 1074 is this gets presented to CC on or
before March 1 of every year.
Councilman Uballe made a motion to approve agenda
item #10 F. Councilman Schindler
seconded the motion.
It passed unanimously to approve agenda item #10 F.
G. Discussion and Appropriate
Action on a Request to Approve a Letter of Intent for the Purchase of Property
in Converse, Bexar County, Texas Commonly Known as the Converse Lakes (City
Manager)
Mr. Hughes stated this is a proposed agreement
offered by Salitrillo Creek Partners. In
short, the agreement says the COC agrees not to accept or entertain offers from
anyone accept Salitrillo Creek Partners for 120 days and in return Salitrillo
Creek Partners will do a feasibility study on developing the property and they
list part of the feasibility studies entailing a geo tech report, master plan,
utilities analysis = about a $50,000 investment that is required from
Salitrillo Creek Partners. If at the end
of 120 days, we negotiate in good faith and if they choose not to purchase the
property at the price mutually agreed or at the price Council sets, then all of
the documents will be turned over to the City at no cost. If they choose to purchase the property, then
we will sit down and negotiate a price for the sale of the 110 acres.
Mr. Hughes believes it is in the City’s best
interest to see that the development of the property is such that on the long
term we get the highest value of the property and the best stream of
revenue. If we really want to make this
an asset for the City, that we ought to look at how it is to be marketed rather
than what the sale price is.
Mr. Luft stated there are challenges to develop the
property (limited access, bounded by 2 sides which are residential housing
units, railroad track which is a barrier, etc.). He thinks it is in the best interest of the
City that 120 days is not too much to re-invest in the property right now. We have had it in our ownership for several
years and it is not generating taxes right now.
He has shown this to a lot of people.
Mr. Luft concurs with Mr. Hughes and is prudent to consider this “Letter
of Intent”, because there is value to it.
We do not currently market this property to the public other than Mr.
Luft contacting people.
Mr. Ortiz has reviewed the “Letter of Intent” and in
exchange for what we would receive in the event that they decide they don’t
want to purchase it the value that we are getting back exceeds what we are
giving up for the next 120 days.
At this time, there were many questions and
answers. There were concerns on “rights
to documentation” and when the documentation would be turned over, referred to
paragraph 9.
Councilman Schindler made a motion to table agenda
item #10 G pending re-review of the proposed “Letter of Intent”. Councilman Suarez seconded the motion.
It passed unanimously to table agenda item #10 G
pending re-review of the proposed “Letter of Intent”.
Mr. Hughes would like to know where it goes from
here and tell him what we need to re-write.
At approximately 8:25 PM, Mayor Martin called for a
5-minute recess.
At approximately 8:33 PM, Mayor Martin called the
meeting back to order.
Councilman Schindler stated because of subsequent
discussion and no time limit was put on the tabling of item #10 G, he would
like to bring back item #10 G, Discussion and Appropriate Action on a Request
to Approve a Letter of Intent for the Purchase of Property in Converse, for
further discussion and appropriate action.
Mr. Hughes stated the clarification, as he
understood it as Council’s desire on amending paragraph 4 to read as follows:
“During the exclusivity period, Salitrillo shall
conduct additional due diligence on the real property. Salitrillo agrees to provide Converse with
copies of all documentation it receives related to these activities. This shall include the following: (a) a site
assessment designed to identify the zoning, location of utilities and services,
and development risks; (b) a high level development plan outlining the location
of intended development projects and initial subdivision plat; and (c) a phase
I environmental assessment. If
Salitrillo determines that it will not pursue the purchase of the real property
for any reason, then Salitrillo may stop any work being performed or planned on
it’s behalf. In this case, any interim
or draft reports received by Salitrillo shall be provided to the City of
{Tape 2, Side A}
Councilman Schindler made a motion to approve the
“Letter of Intent” as amended as just read into the record. Councilman Uballe seconded the amendment.
It passed with 5 members (Weers, Jauregui,
Schindler, Suarez and Weers) voting to approve agenda item #10 G as amended and
1 member (Martin) opposed.
H. Discussion and Appropriate
Action on a Request to Sell Property Owned by the City of Converse and Located
in Airport City to Mr. Jack Harper as Follows: Lot 24, Block 27, County Block
5726, 3,125 Square Feet, for $1,562.50; West Irregular Part of Lot 23, Block
27, County Block 5726, 3,125 Square Feet for $1,562.50; Lot 21 and North 5 Feet
of Lot 22, Block 36, County Block 5726, 3,750 Square Feet, for $1,875.00; and
ABS Parcel 102F, County Block 5726, 20,300 Square Feet, for $10,150. Total Price for the Four Parcels is $15,150
(City Manger)
Mr. Hughes stated Mr. Harper is the partner of Jeff
MPT Weers made a motion to approve agenda item #10
H. Councilman Uballe seconded the
motion.
It passed unanimously to approve agenda item #10 H.
At approximately 8:44 PM, Mayor Martin called for a
recess to reconvene into Executive Session.
At approximately 9:02 PM,
At approximately 8:50 PM, Mayor Martin called
Executive Session to order.
I.
Executive Session in Accordance with Section 551.071 to Receive Legal
Advice Regarding Town Square Project Negotiations, Risks, and Liabilities (Mr.
James Plummer, Fulbright & Jaworski)
At approximately 9:44 PM, Mayor Martin closed the
Executive Session.
At approximately 9:51 PM, Mayor Martin called the
City Council meeting back to order.
{Tape 2, Side B}
J.
Discussion and Appropriate Action on a Request to Approve City of
Converse Resolution #600; a Resolution by the City Council of the City of
Converse, Texas, Approving the Resolution of the Converse Housing Finance
Corporation Relating to the Issuance, Sale, and Delivery of Not to Exceed
$15,000,000 of its Variable Rate Demand Multifamily Housing Revenue Bonds (Town
Square Apartments Project) Series 2007 to Finance a Project for the Benefit of
Converse Town Square Apartments, LTD (Mr. James Plummer)
MPT Weers made a motion to approve agenda item #10
J. Councilman Uballe seconded the
motion.
It passed unanimously to approve agenda item #10 J.
K. Discussion and Appropriate
Action on a Request to Approve City of Converse Resolution #601; a Resolution
by the City Council of the City of Converse, Texas, Authorizing the Town Square
Transaction, Including Execution of all Documentation Necessary to Carry Out
the Transaction; Authorizing the Purchase of the Land for the Transaction by
the Converse Public Facility Corporation and the Lease of Such Land to Converse
Town Square Apartments, LTD.; Authorizing the Acquisition of the Membership
Interest by the Converse Public Facility Corporation in the Town Square Living,
LLC.; and Authoring Converse Public Facility Corporation to Serve as the
General Contractor (Mr. James Plummer)
MPT Weers made a motion to approve agenda item #10
K. Councilman Uballe seconded the
motion.
L. It passed unanimously to
approve agenda item #10 K.
11. Reports
A. City Council Reports
(1) Report and Discussion of
Economic Development Corporation Meeting
Councilman Uballe reported:
-Financial Report by auditor which was discussed
tonight
-Presentation by Marketing Plus for future
strategies for the City, but no action
(2) Report and Discussion of the
Park and Recreation Commission Meeting
No report.
(3) Report and Discussion of
Items of Interest to City Council Members
-MPT Weers inquired about signs when meetings are in
progress. Mr. Hughes stated that is not
necessary and not a problem.
-
B. Staff Reports
(1) Report and Discussion of
Significant Fire and
Chief Baldwin reported:
-Councilman Schindler is doing fine
-1/2 Crew is in a week long confined space class
-Working on ISO inspection
-Call volumes extremely high
-Doing great
(2) Report and Discussion of
Significant Police Events
-Thank Capt. Rheiner for doing a great job on the
Racial Profiling Report
-Dispatchers, have 1 supervisor & 9 dispatchers
that have been offered jobs and accepted, 6 on board, 4 start 1st
part of March; continue working with 911, Dailey Wells, AT&T, voice
recorder, etc. and very excited about that
-Corporal Scogins made contact with all the
businesses on FM 78 and got all of their contact information
-This Thursday, Chief has an appointment with
Wal-Mart Manager
-Everything is going good
-Interviewing for 2 officers positions
(3) Report and Discussion of
Future Agenda Items
Mr. Hughes reported:
-2nd Reading of Annexation of the 109
acres
-Judson has purchased the Antone property (homestead
on 1516 & 21 acres that goes down the hill) that will be the site of new
Converse Elementary & they have asked that we annex that property. We are working with the engineer to get the
survey calls to describe the rest of the ETJ on the south of Converse & try
to bring this back for CC’s consideration for annexation. It is undeveloped property. We are trying to get this prepared and
present a 1st reading and a Municipal Services Plan and begin this
process. Judson wants to have classes in
that school in the fall of 2008.
12. Adjournment
At
approximately 10:02 PM, Mayor Martin adjourned the meeting.
PASSED
AND APPROVED THIS 6th DAY OF MARCH, 2007.
___________________________
Craig
Martin, Mayor
ATTEST:
____________________________________
Adriana
I. Hieronymus
City
Secretary