01-03-2012 MinutesIVIINUTES
REGULAR MEETING
January 3, 2012
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on
January 3, 2012, at 6:00 p.m., in the Municipal Complex Council Chambers, 1400 Schertz
Parkway, Building #4, Schertz, Texas. The following members present to-wit:
Mayor Hal Baldwin
Councilmember Jim Fowler
CounciImember Cedric Edwards
Mayor Pro-Tem David Scagliola
Councilmember George Antuna
Councilmember Michael Carpenter
Staff Present:
Assistant City Manager Jahn Bierschwale
Chief of Staff Bob Cantu
City Attorney Katherine Tapley
CALL TO ORDER REGULAR MEETING
City Manager John Kessel
Assistant City Manager David Harris
City Attorney Michael Spain
City Secretary Brenda Dennis
Mayor Baldwin called the meeting to order at 6:00 p.m. and welcomed everyone in
attendance and wished everyone a Happy New Year.
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.
Ci Events
• Announcements of upcoming City Events (D. Hazxis/J. Bierschwale)
Mayor Baldwin recognized Assistant City Manager David Harris who reminded Council
of the upcoming reopening/dedication of the Post Office, January 10, 2012, at 10:00 a.m.
Hearing of Residents
Mayor Baldwin recognized the following who spoke:
Mr. Steve Layton, 12231 Lost Meadows Drive, who addressed Council regarding Sedona
flooding issues.
Ms. Tammy Teague, 1308 Circle Oak Drive, who addressed Council regarding Oak Forest
speeding, road conditions, and sidewalk issues.
Mayor Baldwin recognized Police Chief Don Taylor who provided factual information
regarding the speeding issues. Mayor Baldwin recognized City Manager John Kessel who
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provided factual information regarding traffic safety issues as well as indicated that he
would have the Public Works department look into her concerns regarding drainage and
sidewalks.
~ Mr. Bruce and Mrs. Faye Touve, 5213 Brookline who provided Council wi#h updated
information on the Fairhaven issues.
• Mrs. Diana Taylor, 5505 Columbia Drive, who addressed Council on the
Fairhaveza/Pulte situation.
• Mr. Ken and Mrs. Angela Russell, 6034 Mule Deer, who addressed Council on the
Fairhaven/Pulte situation.
• Mr. Bryan Benavides, 5237 Brookline, who addressed Council an the Fairhaven/Pulte
situation and information regarding his house.
• Mr. Ryan Travis, 3605 Storm Ridge, who addressed Council on his concerns regarding
his house in the Fairhaven Subdivision.
• Mr. Ian McIntosh, 6100 Sennen Cove, who addressed Council on his concerns
regarding his house in the Fairhaven Subdivision.
Mayor Baldwin stated that the City's hands are tied with Pulte and abuy-out, but that the City will
continue to spur Pulte to get the issues resolved. He stated that Council, staff, and the City
Attorney supports the homeowners' position. Mayor Baldwin recognized City Manager John
Kessel who. stated that he has met personally with numerous citizens who have come in. He stated
that our role is to facilitate meetings with Pulte and the homeowners, and sit down and continue to
meet with Pulte. Mr. Kessel encouraged the homeowners to work directly with Pulte and the City
will as well.
Mayor Baldwin recognized City Manager John Kessel who indicated there were several
individuals in the audience who are here for a particular item and suggested with the permission of
the Mayor and Council that they move to agenda item 6 at this time.
Discussio~a and/or Action Items
6. Ordinance No. 12-S-O1- Conduct a public hearing and consider and act upon a request to
rezone approximately 788.$577f acres of land out of $52.2f acres of land which is zoned
Planned Unit Development District (PUD) from Planned Unit Development District (PUD)
to Planned Development District (PDD) generally for mixed use development. The
788.8577E acres of property is more specifically described as a portion of the Julian Diaz
Survey No. 66, Abstract No. 187 County Block 5059, and also a portion of the E.R. Evans
Survey No. 80, Abstract No. 216, County Block 5060, and also a portion of the Geronimo
Leal Survey No. 79, Abstract No. 424, County Block 5058, City of Schertz, Bexar County,
Texas, generally located west of FM 1518 at Lower Seguin Road. First Reading {M.
Sanchez)
The following caption was read into record:
ORDINANCE NO. 12-S-al BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS, AMENDING THE OFFICIAL ZONING MAP
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ORDINANCE NO. 08-5-07 BY REZONING APPROXIMATELY 788.8577E
ACRES OF LAND OUT OF 852.2E ACRES OF LAND 'WHICH IS ZONED
PLANNED UNIT DEVELOPMENT DISTRICT (PUD) FROM PLANNED
UNIT DEVELOPMENT DISTRICT (PUD) TO PLANNED DEVELOPMENT
DISTRICT (PDD) GENERALLY FOR NHXED USE DEVELOPMENT. THE
788,$S77f ACRES OF PROPERTY IS MORE SPECIFICALLY DESCRIBED
AS A PORTION OF THE JULIAN DIAZ SURVEY NO, 66, ABSTRACT NO.
187 COUNTY BLOCK 5D59, AND ALSO A PORTION OF THE E.R. EVANS
SURVEY NO. 80, ABSTRACT NO. 216, COUNTY BLOCK 506D, AND ALSO
A PORTION OF THE GERONIMO LEAL SURVEY NO. 79, ABSTRACT NO.
424, COUNTY BLOCK 5058, CITY OF SCHERTZ, BEXAR COUNTY,
TEXAS, GENERALLY LOCATED WEST OF FM 1518 AT LOWER SEGUIN
ROAD; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT WITH THIS ORDINANCE; AND PROVICDING AN EFFECTIVE
DATE
Mayor Baldwin opened the public hearing and recognized Director of Development
Services Michelle Sanchez who introduced this item stating the original
approximately S50-acre Sedona Subdivision was established as a PIanned Unit
Development (PUD} on August 16, 2005, and amended on May 24, 200b. In August
2011, a reformulated Sedona Subdivision development team approached the City
about the possibility of "upgrading" the remaining approximate 790 acres of the
subdivision's standards and plans outlined in the Planned Unit Development (PUD)
document in an attempt to better respond to changing market conditions. At the same
time, the City recognized this as an opportunity to create a Master Planned
neighborhood-the first in the City-that would set the tone of development in the
Southern Sector of Schertz.
Project Description
Since August, staff has been fast-tracking the revised Sedona Trails Planned
Development District (PDD) with the developers to create a Master Planned
development. Highlights of this reformulated development are as follows:
• Creation of clustered development with a village concept and greater open space
• Focus on variety, community, and healthy lifestyles
• Defining a Chemed master plan with key design elements (color palettes,
continuity of landscaping, lighting, street signs, wall materials, architectural
elements)
• Community focal points consisting of pocket parks, playscapes, and HOA
amenity centers
• An expanded trail network and greenbelt park system
• Embracing and implementing key Gateway Planning concepts important to the
South Schertz area including FM 1518, Woman Hollering Creek, cluster style
development, and neighborhood business district
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These major design elements are continued within the overall master plan, including
"must build" streets, open spaces, trails, and design elements.
Process and Steps
Sedona Trails will be divided into three phases, the timing of which will be presented
to the Planning and Zoning (P&Z} Commission and City Council over the course of
the next year.
Module I is the current packet for your consideration, This module sets the tone or
theme for fixture modules and includes infrastructure-major entry features, drainage,
water/wastewater, amenity center, parks, and road and trail systems. Initial
development will be concentrated in the "middle" 1$2 acres of the subdivision and
will almost exclusively focus on single family residential.
Module II is to be considered by the P&Z Commission and Council approximately
two months from now.. This module will focus on architectural standards for a much
more intensive development area and will expand the subdivision by focusing on the
North 10$ acres (approximately Lower Seguin Road and FM 151$}. Anticipated uses
include multi-family apartments, townhomes, gardenlpatio homes, and a diverse
commercial/service district.
Module III will go before the P&Z Commission and Council toward the end of 2012.
It will focus on the southern-most 499 acres and, currently focuses on single family
residential, commercial, and office uses.
The existing approximate 61 acre (171 lots} Lennar Homes Subdivision will remain
under the terms of the current PUD as Iast amended in May 2006.
The Sedona TIRZ may be reconsidered in the future to allow for the construction and
equipping of a relocated Fixe/EMS station. This may require an expansion of the City
portion of the payback period to fund those kinds of improvements.
Benefits to the community
In summary, this project will allow for a diversity of housing choices including more
housing product types; thus allowing for people to remain in the community as their
housing needs change throughout their lifetime. For instance, one could raise a
family in a single family home, downsize to a townhome ox garden home once the
children have gone off to college, then move to an independent senior living
community, then on to an assisted living community, meanwhile allowing for the
maintenance of friendships and connectivity to the same area. Further, the
community will have a common design theme in architecture, trails and parks, and
infrastructure. Additionally, the project advances the vision of the South Schertz
planning efforts.
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The Planning and Zoning Commission will be meeting to consider this item just prior to
Tuesday's Council meeting and a recommendation will be provided at the City Council
meeting,
Time frame is as follows:
January 3,-`2012 P~7 Public Hea~~inglhecc~rriu~endafor
January 3, 2012 City Council Public Hearing and First Reading of Ordinance
January 10, 2012 City Council Final Reading of Ordinance
Mayor Baldwin recognized City Manager John Kessel who stated that this was a
unique process and very successful. He stated City staff has been meeting weekly
since August. Different staff members were brought in on the front end of the
process,
Mayor Baldwin recognized Manager Chris Price, Schertz 1518 Limited Partnership,
who stated that in 2007 changing conditions started stressing developers,
partnerships, and finances. All the builders of the original project were last. During
the years that followed they began new research and formed new partnerships to look
at the market today. They went out and met with new developers. N1r. Price stated
they have been met with the City and with Gateway Planning for the idea to
transform Sedona into a Master Planned Community. Gateway provided information
as to how this would fit in the City's Master Plan. Mr. Price stated that the right set of
circumstances, including good timing and momentum, have put Sedana Trails on is
course. Mr. Price provided information regarding the development that has already
taken place.
Mr. Price introduced Mr. Roy Bechtel, Landscape Architect, who provided more
detailed highlights of the plan in regards to the architectural design possibilities
within the development and answered questions. He stated that this has been an
amazing, most creative process he has ever been involved with. He commended the
whole team for the hemendous process.
He sta#ed the plan fully embodies three community module plans: 1 is more
residential, 2 is site plan intensive, and 3 is the village that will evolve with mixed
uses. He stated that one of the most important visual boards presented this evening
was the must build program that involves roads and trail network plan. Mr. Bechtel
thanked everyone for their leadership and the manpower of the team involved in the
project.
Mayor Baldwin recognized the following citizens who spoke:
• Mr. Robert Brockman, 1000 Elbel Road, who asked, doesn't the City own
property in the area that will be used for aFire/EMS station? Factual information
was given to Mr. Brockman that the City is discussing relocating the station.
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• Mrs. Diana Taylor, 5505 Columbia Drive, who asked about the noise level.
Factual information was given to Mrs. Taylor who stated that restrictions will be
in place for double paned glass, which complies with ACUZ.
• Mr. Michael Dahle, 9120 E. FM 151 S, who expressed his approval for this
project.
As no one else spoke, Mayor Baldwin closed the public hearing and opened it up for
Council comments. Mayor Baldwin recognized Councilmember Edwards who asked
if they could hear from Mr. David Richmond, Chair of the Planning & Zoning
Commission.
Mayor Baldwin recognized Mr. David Richmond, Chair of the Planning & Zoning
Commission who came forward stating that the Planning & Zoning Commission
unanimously approved this item. He echoed alI the positive comments that had been
provided this evening. Mr. Richmond agreed with Mr. Bechtol that the Sedona Trails
planning process is rare.
Mayor and Council thanked everyone involved in the process and stated they are
excited and this type of project was exactly what the City was looking for.
Mayor Baldwin recognized Councilmember Edwards who moved, seconded by
Councilmember Carpenter to approve Ordinance No. 12-S-O1 on first reading. The
vote was unanimous. Motion carried.
5. Ordinance No. 11-5-36 -- Consideration and/or action approving an ordinance upon a
request to rezone approximately 9.99 acres of land from General Business District {GB)
to Apartnaent/Multi-Family Residential District {R-4). The property is more specifically
described as a portion of the Toribio Herrera Survey No. b8, Abstract No. 153, City of
Schertz, Guadalupe County, Texas, generally located on Schertz Parkway approximately
.OS miles South of Legacy Oaks Parkway. First Reading (M. Sanchez) (This item was
postponed at the Council meeting of December 6, 2011.}
The following caption was read into record:
ORDINANCE NO. ll-S-36 BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AMENDING THE OFFICIAL ZONING MAP ORDINANCE
11-5-15 BY REZONING APPROXIMATELY 9.99E ACRES OF LAND FROM
GENERAL BUSINESS DISTRICT (GB) TO APARTMENTIMULTI-FAMILY
RESIDENTIAL DISRICT {R-4) KNOWN AS SCHERTZ PARKWAY
APARTMENTS. THE PROPERTY IS MORE SPECIFICALLY DESCRIBED AS
A PORTION OF THE TORIBIO HERRERA SURVEY NO. 6$, ABSTRACT NO,
153, GUADALUPE COUNTY, SCHERTZ, TEXAS.
Mayor Baldwin recognized Development Services Director Michelle Sanchez who
introduced this item stating Council will consider and act upon a request from
Anthony Eugenio, to rezone approximately 9.99 acres of land from General Business
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(GB) to Apartment/Multi-Family (R-4) located on Schertz Parkway approximately
.08 miles South of Legacy Oaks Parkway. The intended use of the property after
rezoning would be for an apartment complex. This property is currently
undeveloped. This item was presented to Council by Public Hearing on December 6,
2011, at which time the Council unanimously voted to postpone the consideration of
the ordinance first reading until January 3, 2012, to allow the applicant and staff to
mee# and discuss creating a Planned Development District (PDD).
Staff met with the applicant December 1 S, 2011. The applicant presented a plan that
showed apartments on the subject site and passible general business and
medicaUprofessional office on other properties owned by the Applicant in the Live
Oak Hills subdivision down Schertz Parkway at Wiederstein Road. The Applicant
says this portion of the plan would require changes to the Live Oak Hills properties'
covenants to allow fax these uses; property covenants are controlled by the property
title and not the City. Discussion was held regarding converting the proposed
apartment use on the 9.99 acre site to a PDD in which medicaUprofessional office can
exist on the site. The applicant was encouraged to meet again with staff before the
Council meeting to further refine a plan of action. Ms. Sanchez stated that the
applicant wished to withdraw his request and resubmit.
Mayor Baldwin recognized Mr. Eugenio who provided follow-up comments. Mayor
and Council encouraged Mr. Eugenio to work with staff to come up with good
common goals.
Council took no action.
Worksession Items
A. Discussion regarding the City Council Rules of Procedure {M. Spain)
Mayor Baldwin recognized City Attorney Michael Spain who introduced this item stating
that at the request of Councilmember Michael Carpenter this item be placed on the agenda
for periodic discussion, and recognized Councihnember Carpenter who stated that when he
asked for this item to be placed on the agenda, there were three areas which he wanted to
cover and address with the Council. He indicated that since he put this on the agenda two
areas of concern had already been remediated. One, which we have stopped doing, and the
other being utilizing a consent agenda, which we have been doing since then. Two out of
the three have been dealt with. The only other area which he had requested last year was
that we would have on the agenda the entity, individual, or office that has requested the
item and then add the presenter name as an addition. Councihnember Carpenter explained
why he would like to see the entity's name of who placed the item on the agenda, and the
name of the staff presenter who would be presenting the item.
Mayor and Council discussed limiting the consent agenda to second readings or items
believed non-controversial. Council reviewed the following for possible consideration:
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• Article 11. Citizen's Rights: 11.1 -rewording "however, preference will be given
to those persons who have notified the City Manager in writing by 12:00 noon on
the Wednesday immediately preceding such Council mee#ing of their desire to
speak in order that the subject they wish to address be placed on the agenda, and
they will be recognized by the presiding officer without fiuther action."
• 11.2 -Manner of addressing the Council -Time Limit -Possibility of changing the
five minute limit of persons to be heard to three minutes.
• Article S. Order of Business S.1 (b) Order of listing items; Sponsor and
Responsible Staff. Names of person or persons placing an item on the agenda and
the name of any expected staff presenter shall be stated on the agenda.
It was the consensus of Council to bring back the above recommended changes to the
Rules of Procedure for modification.
Consent A ends
The Consent Agenda is considered to be self-explanatory and will be enacted by the Council
with one motion. There will be no separate discussion of these items unless they are
removed from the Consent Agenda upon the request by the Mayor or a Councilrnember.
1. Minutes -Consideration and/or action regarding the approval of the minutes of the
Regular Meeting of December 20, 2011.
2. Ordinance No. 12-M-02 -- Consideration and/or action approving an Ordinance
authorizing the adoption of GASB S4 Fund Policy Standards and applications, and
related matters in connection therewith. First reading (J. Santoya/R. Galindo)
The following caption was read into retard:
ORDINANCE NO, 12-M-02 AN ORDINANCE AUTHORIZING THE
ADOPTION OF GASB 54 FUND POLICY STANDARDS AND
APPLICATIONS; AND RELATED MATTERS IN CONNECTION
THEREWITH.
3. Resolution No. 12-R-01 -Consideration andlor action approving a Resolution
authorizing a Memorandum of Understanding with Cibolo Valley Local Government
Corporation (CVLGC}, and other member cities and authorizing City payments to
CVLGC. (M. Spain}
The following caption was read into record:
RESOLUTION NO. 12-R-01 A RESOLUTION BY THE CITY COUNCIL OF
THE CITY OF.SCHERTZ, TEXAS AUTHORIZING A MEMORANDUM OF
UNDERSTANDING WITH THE CITIES OF CIBOLO, CONVERSE, SEGUIN,
AND SELMA, AND THE CIBOLO VALLEY LOCAL GOVERNMENT
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CORPORATION, AUTHORIZING THE PAYMENT OF THE CITY'S
INITIAL CONTRIBUTION OF $250,000 REQUIRED UNDER SUCH
AGREEMENT, AND OTHER MATTERS IN CONNECTION THEREWITH.
4. Appointments/ Reappointments and Resignations to City Boards, Commissions
and Committees - Consideration and/or action regarding
- appointments/reappointments, and resignations to City Boards, Commissions
and Committees.
Appointment of Mr. Gordon Rae as regulax member to the
Transportation Safety Advisory Committee (TSAC).
Mayor Baldwin recognized Councilmember Fowler who moved, seconded by Mayor Pxo-
Tem Scagliola to approve consent agenda items 1 through 4. The vote was unanimous.
Motion carried.
Mayor Baldwin moved into executive session at 7:57 p.m.
Executive Session
Called under Section 551.071 Texas Government Code Lifigation, pending ar
contemplated litigation; Section 551.072 Texas Government Code - Deliberation
regarding the purchase, exchange, sale, lease, or value of real property, or real estate,
and Section 551.074 personnel and the appointment, employment, evaluation,
reassignment, duties, discipline, or dismissal of the City Secretary.
Mayor Baldwin reconvened into regular session at 9:42 p.m.
Reconvene into Regular Session
7. Tape any action deemed necessary as a result of the Executive Session.
1Vo action taken.
Re nests and Announcements
8. Requests by Mayor and Councilmembers that itenns be placed on a future City
Council agenda.
Mayor Baldwin asked City Attorney Michael Spain and City Manager John Kessel if
they thought they should place an item on a future agenda to discuss the
Fairhaven/Pulte situation. It was recommended at this time to not place this on an
agenda as time is needed for the residents and Pulte to get together and have dialogue to
resolve the matters.
9. Requests by Mayor and Councihnembers to City Manager and Staff for information.
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No requests given.
14. Announcements by Mayor and Councihnembers
• City and convnunity 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
Mayor Baldwin recognized Mayor Pxo-Tern Scagliola who stated that he attended
three sweetheart events over the past two weeks.
Mayor Baldwin recognized Councilmember Fowler who wished everyone a Happy
New Year.
11. Announcements by City Manager
• Citizen Kudos
• Recognition of City employee actions
• New Departmental initiatives
Mayor Baldwin recognized City Manager John Kessel who read a citizen kudos
regarding the newly hired Waylin Caraway, street sweeper, who did an outstanding job,
on his first day, cleaning Dove Meadows.
Lastly, Mr. Kessel stated that it is officially 2412 and he and staff wished everyone a
Happy New Year.
Adjournment
Mayor Baldwin adjourned the meeting at
ATTEST:
Brenda Dennis, TRMC, MMC City Secretary
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