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02-21-2012 MinutesNIEVUTES REGULAR MEETING February 21, 2012 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on February 21, 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 Councilmember Michael Carpenter Staff Present: City Manager John Kessel Executive Director David Harris City Attorney Michael Spain Councilmember Cedric Edwards was absent CALL TO ORDER REGULAR MEETING Mayor Pro -Tern David Scagliola Councilmember George Antuna Executive Director John Bierschwale Chief of Staff Bob Cantu City Secretary Brenda Dennis Mayor Baldwin called the meeting to order at 6:00 p.m. and welcomed everyone in attendance. Mayor Baldwin indicated that Councilmember Edward would not be in attendance this evening and that Councilmember Carpenter is running a little late. 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 the State of Texas. City Events Announcements of upcoming City Events (D. Harris /J. Bierschwale) No upcoming events announced; Worksession Items _z A. Discussion regarding the intent to revise Article 10, Parking Standards of the Unified Development Code. (J. Kessel/M. Sanchez) Mayor Baldwin recognized Development Services Director Michelle Sanchez who briefed the Council informing them that staff and senior management met and discussed the challenges that continue to be encountered in regards to the larger developments, i.e. office warehouses and distribution facilities in Schertz and found that many of the City's 02 -21 -2012 Minutes parking standards do not apply entirely to the operations that take place in these locations. In the past, variances have been approved to remedy these issues. Developers have been requesting special accommodations, i.e. compact car spaces. Planning and Zoning would like to examine the parking standards and then make a recommendation to the Council regarding the developments with these types of operations. Ms. Sanchez advised the Council on the goals of the department in regards to parking standards. In the future, self - automation will result in fewer employees and therefore fewer parking spaces. Ms. Sanchez briefed the Council regarding the intent to revise Article 10, Parking Standards of the Unified Development Code and by revising these parking standards to be more applicable to the types of industry uses the community benefit will be an end result of an aesthetically pleasing area and well - landscaped parking lots, as well as provide a resolution to over abundant unused parking spaces and provide for safe and effective functional parking areas catered to the development. By revising Article 10, the City will be able to provide these opportunities. Mayor Baldwin requested a timeline for the process to occur and Ms. Sanchez indicated that Planning and Zoning would like to start the review at the next meeting on March 14, 2011 Mayor Baldwin recognized Mr. John Kessel, City Manager, who indicated the importance of remaining competitive when recruiting high investment developments. For the City to attract these businesses, an update to parking standards is necessary to insure that the City has the most current parking standards in place. Mayor Baldwin recognized Councilmember Fowler who questioned the areas; if this change is directed only to the larger developments and expressed his concerns on the affect these changes may have on the parking areas for mixed development uses such as Wal -Mart. Ms. Sanchez indicated that the review would include the entire Article 10 and not only for larger industrial development areas, but for retail areas, churches, and schools as well. Mayor Baldwin recognized Councilmember Scagliola who asked how the City would decide on the size of a parking space. Ms. Sanchez indicated that they would be benchmarking from other cities on the variations they use for parking. Mr. Kessel added that the American Planning Association has a plan advisory service subscription that is considered one of the definitive sources on parking standards from around the country. The Institute of Transportation Engineers also has a definitive study that looks at particular uses and accounts for vehicle trips in and out, etc. These are the two base references which the City will be using, as well as, using other cities as examples. As there were no further questions from Council, Mayor Baldwin closed the work session. Councilmember Carpenter arrived at 6:15 p.m. 02 -21 -2012 Minutes Hearing of Residents This time is set aside for any person who wishes to address the City Council. Each person should fill out the speaker's register prior to the meeting. Presentations should be limited to no more than 3 minutes. Discussion by the Council of any item not on the agenda shall be limited to statements of specific factual information given in response to any inquiry, a recitation of existing policy in response to an inquiry, and/or a proposal to place the item on a future agenda. The presiding officer, during the Hearing of Residents portion of the agenda, will call on those persons who have signed up to speak in the order they have registered. Mayor Baldwin recognized the following: • Mr. Steve Layton, 12231 Lost Meadows Drive, who spoke regarding a flood study he completed in the Laura Heights Estates subdivision. • Maggie Titterington, Schertz Chamber of Commerce President, who briefed Council on the current and upcoming Chamber events and thanked the Council for being active in the Chamber events. Mayor Baldwin recognized the following who spoke regarding their issues with their homes and Pulte Homebuilders. Mayor Baldwin reminded those present of the three - minute time limit and that passing time to other speakers would not be allowed. • Mr. Bruce Touve, 5213 Brookline • Mrs. Faye Touve, 5213 Brookline • Ralph Hogue, 660 Rooster Run • Heather Camelio, 5224 Brookline • Debbie Bishop, 5321 Storm King • John Fitzgerald, 5304 Storm King • Brenda Davis, 5603 Storm King • Kenny Knippa, 5560 Columbia • Ken Russell, 6034 Mule Deer • Molly Casas, 5228 Brookline • Sherry Clark, 5269 Brookline • Tricia Mattison, Homeowners for Better Building • Janet Ahmad, Homeowners for Better Building • Omar Mendoza, 5308 Storm King • Matt Summers, 5561 Columbia • Dan Munson, 4211 Warm Winds, San Antonio Mayor Baldwin recognized City Manager John Kessel who stated that it is important to recognize the role of the City. The City must follow the Constitution that says that the City cannot spend public funds on private property. The City is not a party to the contracts that were signed for the purchase of these homes, and the City cannot force Pulte to buy back these homes. The City can not write a 02 -21 -2012 Minutes check nor force Pulte to write a check. We have to follow national and state laws. The City must follow the laws of our country and this is why we are handling this issue as we have. • Dan Hollestell, 5525 Columbia Drive • Mark Allen, 5400 Storm King Mayor Baldwin recognized City Manager John Kessel who stated he really wanted to encourage the residents to really think about what he says. He doesn't believe he is talking in circles. He is trying to provide very straight forward information. He indicated that the community can come to City Hall and express their concerns in an open forum and open door. He does his very best to greet and make residents feel welcome. He wants to make sure that every citizen feels comfortable in this public building. There is no question that this is a public building and this is a good place to be. Everyone on Council believes that it is a citizen's right to be heard. Mr. Kessel indicated that he feels that it is unfair to say that the City should help solve a problem, when the City cannot actually force a solution. The only way we can help is by getting the two parties together to discuss things. If one or the other side does not wish to meet, then this is the extent of what the City can do. Mr. Kessel stated that he has mentioned to several residents that he is looking at the City ordinances regarding the City standards and will continue to look at them. These are issues moving forward. In regards to the City pulling building permits, once the Certificate of Occupancy is issued, then the building permit is replaced by the Certificate of Occupancy. The Certificate of Occupancy is the end of the permit, there is not a continuation of the building permit. Therefore, the City cannot pull these permits on homes that are complete and occupied. In regards to the role of the city engineer and how it differs from the private sector engineer, the private developer hires their own engineer to design the subdivision. They do all the calculations and the testing. They design the entirety of the subdivision. They review and seal the plans stamping their approval. The City relies on that seal. Once the plans are received, the city engineer makes sure that the plans meet the local standards such as street widths and street names. They also check to make sure that most of the calculations are on the plan. Their job is not to run the calculations. They are not the design engineer. They are there to grade the plans. The plans could be returned with requested changes, or they could be accepted as submitted by the City Engineer. Mr. Kessel continues to offer assistance with dialogue between Pulte and the Homeowners. He cannot force either party to communicate. He cannot force anyone to agree to meet; however, he will continue to work hard on the homeowner's behalf to get Pulte to agree to meet with the homeowner and sit down at the table. The City can not make either side do anything; it's not binding arbitration. Mayor Baldwin commented that his position remains as always, that he supports the homeowner and has done what he can do in regards to keeping these situations on the front burner with Pulte. He stated he has advised the homeowners to take this to Pulte, and you have done it. The homeowners continue to picket several Pulte subdivisions within the area, as well as the Pulte headquarters. That's the right move. The City is taking the heat for Pulte, and the City has done nothing wrong. 02 -21 -2012 Minutes The City has provided all requested records that we have available. The City has provided the homeowners the opportunity to come and voice their complaints. He stated he has sat very patiently, listening to everyone's plight and has sympathized with you. Mayor Baldwin publicly apologized for any miscommunication that may have occurred to make homeowners believe that he is tired of hearing their complaints. He stated to help future homeowners; he would recommend contacting the Legislators. Request laws concerning contracts on purchasing a home be changed, and you want this binding arbitration out and you wanted some way you can file suit against a defective builder. That would help others down the road, as well as yourselves. To clarify, he has no reason to support Pulte; they do not support him monetarily. Mayor Baldwin also mentioned that there are 210 homeowners in the subdivision, 70 -80 homeowners want their homes bought back, and the homes have lost value and may face issues with reselling due to the public outcry that has been occurring. If Pulte bought back the homes, and then there would be 70- 80 homes boarded up in the subdivision. The remaining homeowners, regardless of whether they have any problems at all, may never be able to sell their home. It is his job as Mayor to represent all of the residents, including those who have problems and those who do not have problems. It is his responsibility to keep Fairhaven from turning into a ghost town and something that is unmarketable. Consent Agenda 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 Councilmember. Minutes - Consideration and/or action regarding the approval of the minutes of the Regular Meeting of February 14, 2012. 2. Resolution No. 12 -R -16 — Consideration and/or action approving a Resolution authorizing a second amendment to the Regional Water Supply Contract between the Schertz- Scguin Local Government Corporation and the City of Converse, and other matters in connection therewith. (J. Bierschwale /A. Cockerell/M. Spain) Mayor Baldwin read the following caption into record: RESOLUTION NO. 12 -R -16 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN AMENDMENT TO THE REGIONAL WATER SUPPLY CONTRACT BETWEEN THE SCHERTZ SEGUIN LOCAL GOVERNMENT CORPORATION AND THE CITY OF CONVERSE, AND OTHER MATTERS IN CONNECTION THEREWITH 02 -21 -2012 Minutes Mayor Baldwin recognized Councilmember Fowler who moved, seconded by Councilmember Carpenter to approve the consent agenda items 1 and 2. The vote was unanimous. Motion carried. Discussion and /or Action Items 3. Resolution No. 12 -R -17 — Consideration and/or action approving a Resolution authorizing the City Manager to submit a grant application for the FEMA Stafimg for Adequate Fire and Emergency Response (SAFER) Grant. (J. Kessel/D. Covington) Mayor Baldwin read the following caption into record: RESOLUTION NO. 12 -R -17 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE CITY MANAGER TO SUBMIT FOR THE FEMA STAFFING FOR ADEQUATE FIRE & EMERGENCY RESPONSE (SAFER) GRANT Mayor Baldwin recognized Fire Chief David Covington who introduced this item addressing questions from Council. This item approves submission and acceptance, if approved, for an application to FEMA for a two -year SAFER grant to fund 6 firefighter positions (2 per shift, 3 shifts) to bring operations up to minimum recommended staffing per apparatus in the amount of $640,638 for salaries and benefits. The City will provide personal protective equipment for the positions at a cost of $26,918 in the first year and $4,800 in year two and thereafter. The City will realize $16,000 in overtime savings annually. There is no requirement to maintain the grant funded positions beyond the grant period, unlike previous SAFER grant programs. It is the recommendation of the Schertz Fire Department to apply for the SAFER Grant to add the needed manpower, and accept the grant if awarded. Mayor Baldwin recognized City Manager John Kessel who provided brief comments as to why he supports the application for the grant. Mr. Kessel provided information on how staff will be handling development of the South Schertz area, and the City's responsibility to handle the development. He mentioned the need for a 3`d station, and training and hiring of fire personnel to staff that station. He mentioned the need to continue returning money back in reserves. Timing is everything and it is an exciting time in Schertz. Mayor Pro -Tern Scagliola applauded the Chief for seeking outside funds and additional resources. His personal opinion is, "If you are not ahead of the power curve, and if you're not ahead of your infrastructural needs, then you're falling behind," He thanked the Chief for his forward thinking. Mayor Baldwin recognized Mayor Pro -Tern Scagliola who moved, seconded by Councilmember Antuna to approve the adoption of Resolution 12 -R -17. The vote was unanimous. Motion carried. 02 -21 -2012 Minutes 4. PC2011 -034 — Appeal — Conduct a public hearing and consideration and/or action regarding a decision made by the Planning and Zoning Commission to deny a preliminary plat and associated variance for the Hunter Estates Subdivision. The property is more specifically described as 24.269± acre tract of land out of the Stacy B. Lewis Survey No. 317 and the Antonio Zamora Survey No. 36, City of Schertz, Bexar County, Texas and is generally located east of Graytown Road. The property is zoned Residential Agricultural (RA). (J. Kessel/M. Sanchez) Mayor Baldwin recognized Development Services Director Michelle Sanchez who briefed the Council concerning the Planning and Zoning Commission's action regarding Hunter Estates. Ms. Sanchez stated that as the Mayor indicated this is a public hearing and it does represent an appeal, requested by the applicant, to a decision which was made by the Planning Commission at their regular meeting of January 11, 2012. At that time, the preliminary plat was submitted with a request for variance. The request included a proposed 30 foot right of way with a 24 foot of pavement and a concrete header curb on both sides and would be open to the public. The property owner is Harry Hausman, his representative is David Earl of Earl and Associates and he is available for additional comment. Hunter Estates is zoned Residential Agricultural (RA). The plat would establish 30 residential lots with a minimum of half acre each, The applicant requested the preliminary plat be approved along with the variance request to allow a reduction in the right of way from 50 feet to 30 feet and to the pavement width of 24 feet as identified as Ivy Moon. The connection being proposed is between Laura Heights Estates to northeast and through Hunter Estates. The Planning Commission at the time along with the minutes that were included in your packet asked several questions of the applicant and applicant's engineer. Following the discussion, the Planning Commission unanimously recommended disapproval of the preliminary plat and subject variance. Ms. Sanchez provided information on a proposal of an 86 foot right of way, which is part of the City's Master Thoroughfare Plan. She stated eventually this would provide for the secondary means of access required by the Unified Development Code Transportation section Article 14. She stated that the applicant was trying to provide the secondary means of access from the subdivision. Initially there would only be one means of access. In trying to work with staff and management, it was determined that a secondary means of access could possibly go through the adjoining subdivision, referenced as Laura Heights and then through Hunter Estates, eventually providing for the 86 foot right of way and extension of Boeck Blvd. which would connect to Graytown Road. Providing the secondary means of access, the City's code attempts is to insure two safe means of egress and ingress for not only the residents of the subdivision, but also to insure that emergency vehicles and utility vehicles have secondary options for accessing the subdivision. The proposed 30 foot right of way is intended to be a permanent means of access and identified as the local street (Ivy Moon). 02 -21 -2012 Minutes In the summary of recommendations, again to emphasize the two means of access into the residential subdivision, the proposal is to provide that second means of access through the 30 foot right of way, known as Ivy Moon, to approve the preliminary plat and, to grant the variance as requested by the applicant. Mayor Baldwin recognized City Manager John Kessel who stated this issue has components which the Council should consider. One is a technical issue. Does this function as a fire lane? The purpose of the entire request revolves around providing a secondary access point for life safety reasons. It is a temporary condition. If Boeck Blvd. was already in place, it would not be necessary. In reviewing this, our primary concern was did it meet minimum standards for a fire lane? In visiting with the Chair of the Planning Commission, he brought up concerns regarding parking; this would not allow parking. There is also the side of dealing with the relationships between the City Council, the Planning Commission, and the developer. Each serves a different, but related role. Each has a particular part to play. This particular variance request is the issue. The City ordinance allows an applicant to request a variance, and as such, the City Council should consider a wide variety of items. This would allow a fare and balanced decision. Finally, how do we best advance the goals of the Community? Mayor Baldwin recognized Mr. David Earl of Earl & Associates who came forward stating he is speaking on behalf of the developer. He stated the subdivision is being recognized as to what it is bringing to the community and the developer wants to provide for of this for the City of Schertz. The important thing to recognize is that they want to make sure they comply with all necessary public safety requirements. This extra lane, to provide extra fire /police protection or access to the subdivision is critical. They are asking for the variance because this is just a handful of lots and the next step to a much larger subdivision. Plans in that unit will allow them to implement some modern techniques, such as curbing, open space, etc. to give it more detail. This all needs to be coordinated with the City's Master Plan and Thoroughfare Plan. Based on the directive of City Staff, this would provide more than adequate access until the proposed Boeck Blvd. is constructed. In addition, they have been working on an overall traffic solution with the City that would provide for much better access to a larger planning area at less cost than the road being required by the Planning Commission. The road identified by the Planning Commission in the Major Thoroughfare Plan would require crossing large drainage basins and structures which would make the cost less feasible for timely construction. Mr. Earl continued to explain and identify the need for the variance and urged Council to approve with the recommended conditions staff identified. Mayor Baldwin opened the public hearing and recognized the following: Ms. Clare Layton, 12231 Lost Meadows, who carne forward, urging the Council to uphold the Planning Commissions decision. Ms. Layton provided an example for an alternative solution. 02 -21 -2012 Minutes • Mr. David Richmond, Chair of the Planning Commission who came forward stating the Connnissions concern for the variance as it relates to the UDC and the street standards. • Mr. Steve White, 805 Main, who came forward, urging the Council to uphold the Planning Commissions decision. • Mr. Ken Greenwald, 205 Westchester, who came forward, urging Council to uphold the decision, stating the City, does not need substandard streets. • Mr. Michael Dahle, 9120 E. FM 1518, who agreed to deny the request for the variance. As no one else spoke, Mayor Baldwin closed the public hearing and asked for Council comments. Mayor Baldwin recognized Councilmember Carpenter who asked about the timing for the application and would there be time to refer this back to the Planning Commission to explore alternatives as discussed in detail by the Mayor, Council, and speakers. Ms. Sanchez stated that the Council is required to act on the appeal within 30 days, and this is the last Council meeting within the 30 day window. Mr. Kessel asked would it be possible for the applicant to waive that 30 day right voluntarily. The answer was yes. Councilmember Carpenter stated that the next point is there has been discussion about what might be acceptable, what might not be acceptable. It might be appropriate to refer this back to the Planning Commission and have staff and the developer explore some if items discussed. He is not excited about paving a road that is 30 feet wide and closing it off later and building a fence down the middle of the road. It is not an elegant solution; there must be a better way. If our primary concern is of safety, and we do not want to have a single entrance, why can't we have a temporary access into this that is not paved, not developed, and simply has a breakaway gate? There are those today that remain in the City that were used up until the time it was fully developed and accesses came in. This is one of many solutions. Mr. Kessel stated there is a load and access requirement, as well as how this is managed once the road goes away. He provided examples of grass crete, asphalt of a flex base, there is also concrete, there are ways to do a fire lane where there is a grassy strip down thb middle that would mimic the equivalent of a drive way later, etc. There are hundreds of different design solutions to resolve the issue. Mayor Baldwin recognized Mayor Pro -Tem Scagliola who asked where the parkland was on the development plat. Ms. Sanchez stated that the developer has the option of dedicating parkland. He chose not to; but, will be paying the parkland dedication fee along with the development fee, which will result in a $1,000 per lot. This is used to improve other parks throughout the City._ Mr. Kessel stated that staff has been holding discussions with the developer on future developments which the City needs to have meaningful open space, trails, parkland, a place where the community can gather. 02 -21 -2012 Minutes Discussions continued on coming up with an appropriate solution for the road in the correct location. Council provided their recommendations and comments. Discussions continued regarding the need to complete Ivy Pond to the west edge of the subdivision and how Ivy Pond will connect with Graytown Road.. Who will maintain the temporary access road during the development period? Mayor Baldwin recognized Mr. David Earl who stated that his developer needs a decision as timing is of the essence, and the need to proceed as to not lose current builders. Mayor Baldwin recognized City Attorney Michael Spain who provided a possible motion and solution with the consent of the developer that would move the project forward. Mayor Baldwin recessed the meeting at 9:07 p.m. to allow the City Attorney and the Mr. Earl to come up with a solution and appropriate motion. Mayor Baldwin reconvened the meeting at 9:23 p.m., and as the City Attorney worked on the motion, Mayor moved to continue to the rest of the agenda. Mayor Baldwin indicated that there was no need to meet this evening in Executive Session. Executive Session Called under Section 551.071 Texas Government Code Litigation, pending or contemplated litigation; Section 551.072 Texas Government Code - Deliberation regarding the purchase, exchange, sale, lease, or value of real property, or real estate. 5. Take any action deemed necessary as a result of the Executive Session. No action taken as Council did not meet. Requests and Announcements b. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. Mayor Baldwin recognized Councilmember Fowler who stated that as staff is looking at revisions to the Unified Development Code he would like staff to provide inspection standards regarding construction of new homes with regard to the pouring of foundations. City Manager John Kessel stated that staff is already looking at the standards referencing certification requirements for licensed engineers and adding a time provision back in the inspection period to allow cure time. 7. Requests by Mayor and Councilmembers to City Manager and Staff for information. 02 -21 -2012 Minutes Mayor Baldwin recognized Mayor Pro -Tern Scagliola who wanted to make sure that the upcoming March 1, 2412, joint meeting included tangibles. He stated he is having difficulties seeing the vision with tangibles in their plan. City Manager John Kessel stated that most of significant work some have seen is with the rail location. This was all behind the scene which resulted in a rail location that was favorable to Schertz being added when it previously did not exist. This included negotiations with Union Pacific. These were necessary requisites for the Town Center. You will see land use plans based on that location, which include thoroughfare plans and proposed land uses in the northern part of town. You will also see thoroughfare plans and land use plans for the southern part of town. He stated you may not see particulars on the development criteria. Certainly at this time, there will not be information provided on the Main Street area, as they have had that portion of the contract for only a couple of weeks. This joint meeting will continue the engagement with the three different governmental entities as he had mentioned previously. This is the first of several, and certainly not the last engagement meetings that will be held. S. Announcements by Mayor and Councilmembers • City and community 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 Pro -Tem Scagliola, Councilmember Antuna and Councilmember Fowler who stated they attended the Schertz Chamber of Commerce Luncheon today. Representatives from the cities of Selma, Cibolo and Schertz were there providing information on their respective town. He indicated hands down that they got to hear from the best City Manager in the entire Metrocom, Mr. Kessel. Each City Manager from the surrounding cities provided a State of the City report from their respective cities. Mayor Baldwin stated that he invited everyone to view the posters from two third grade classes of Our Lady of Perpetual Health that were presented to him which were hanging on the wall outside. Mayor Baldwin moved back to agenda item 4. 4. Continued... Mayor Baldwin recognized City Attorney Michael Spain who read the following recommended motion: I move that: 02 -21 -2012 Minutes A. We approve the preliminary plat for Hunter Estates Subdivision subject to the following requirements: 1. The developer and the related adjacent landowner shall complete Ivy Pond as shown on the Hunter Estates Subdivision plat to the western edge of the subdivision as a 60'- wide standard paved collector street. 2. The developer and/or the related adjacent landowner shall connect Ivy Pond to Graytown Road with an all- weather temporary construction/ emergency secondary access drive for Hunter Estates Subdivision, with such temporary access drive built to City standards for a dust -free, all - weather surface able to support a design fire engine /truck, including necessary drainage, pursuant to plans approved by the City Engineer, which shall be built in conjunction with the construction of the Hunter Estates Subdivision infrastructure. 3. The developer and/or the related adjacent landowner (or subsequent owner(s) of any portion of the adjacent property) shall maintain the temporary access road throughout the entire temporary period. 4. The developer and/or the related adjacent landowner (or subsequent owner(s) of any portion of the adjacent property) shall replace the temporary access road with a full 60' -wide standard paved collector street, as a condition to approval of any subsequent preliminary plat of any portion of the adjacent property. B. The proposed Ivy Moon variance on the Hunter Estates Subdivision preliminary plat is hereby denied and shall be removed from the plat. Mayor Baldwin recognized Councilmember Carpenter who moved, seconded by Councilmember Fowler to approve the motion as read by the City Attorney. The vote was unanimous. Motion carried. 9. Announcements by City Manager Mayor Baldwin recognized City Manager John Kessel who stated he wanted to compliment the Planning and Zoning Commission, the Developer, City Staff, and Council for coming up with an answer that worked this evening for all. Mr. Kessel mentioned that Ms. Jennifer Hillard has a blog on MySpace, and it references the hot spots for medical office facilities and Schertz is one of them. Adjournment Mayor Baldwin adjourned the meeting at 9:57 p.m. 02 -21 -2012 Minutes ATTEST: Boren a Dennis, TRMC, MMC City Secretary 02 -21 -2012 Minutes