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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 1-3-2012 Minutes 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 $52.2f acres of land which is zoned Planned Unit Development District (PUD) from Planned Unit Development District (PUD) to Planned Development District (PDD) generally for mixed use development. The 788.8577E acres of property is more specifically described as a portion of the Julian Diaz Survey No. 66, Abstract No. 187 County Block 5059, and also a portion of the E.R. Evans Survey No. 80, Abstract No. 216, County Block 5060, and also a portion of the Geronimo Leal Survey No. 79, Abstract No. 424, County Block 5058, City of Schertz, Bexar County, Texas, generally located west of FM 1518 at Lower Seguin Road. First Reading {M. Sanchez) The following caption was read into record: ORDINANCE NO. 12-S-al BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, AMENDING THE OFFICIAL ZONING MAP 1-3-2012 Minutes ORDINANCE NO. 08-5-07 BY REZONING APPROXIMATELY 788.8577E ACRES OF LAND OUT OF 852.2E ACRES OF LAND 'WHICH IS ZONED PLANNED UNIT DEVELOPMENT DISTRICT (PUD) FROM PLANNED UNIT DEVELOPMENT DISTRICT (PUD) TO PLANNED DEVELOPMENT DISTRICT (PDD) GENERALLY FOR NHXED USE DEVELOPMENT. THE 788,$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 1-3-2012 Minutes 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. 1-3-2012 Minutes 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. i -3-2012 Minutes • 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 1-3-2012 Minutes (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: 1-3-2012 Minutes • 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 1-3-2012 Minutes 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. 1-3-2012 Minutes 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 1-3-2412 Minutes