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05-01-2012 MinutesAUNUTES REGULAR MEETING May 1, 2012 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on May 1, 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 Pro -Tern David Seagliola Councilmember George Antuna Councilmember Cedric Edwards Staff Present: City Manager John Kessel Executive Director David Harris City Attorney Michael Spain City Secretary Brenda Dennis CALL TO ORDER REGULAR MEETING Councilmember Jim Fowler Councilmember Michael Carpenter Chief of Staff Bob Cantu Executive Director Brian James City Attorney Katherine Tapley Deputy City Secretary Cynthia Raleigh Mayor Pro -Tern Scagliola called the meeting to order at 6:00 p.m. and welcomed everyone in attendance. 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 by Executive Directors (D. Harris /J. BierschwaleB. James) • YMCA Annual Celebration Dinner, May 3, 2012, 6 p.m., Tri -Point Graham Center, San Antonio • Schertz Sweetheart Coronation, May 3, 2012, 6 p.m., Civic Center Proclamations Proclamation Motorcycle Safety and Awareness Month (J. Kesset/D. Scagliola) Mayor Pro -Tem Scagliola read and presented the proclamation to Outpost Safety and Awareness Coordinator Ron Zuniga with the San Antonio Texas Confederation of Clubs and Independent Riders. Proclamation Municipal Clerks Week (J. Kessel/D. Scagliola) 05 -01 -2012 Minutes Mayor Pro -Tern Scagliola read and presented the proclamation to Brenda Dennis and Cynthia Raleigh. Presentations • Wilenchik Walk for Life Awards and UT Health Science Center Cancer Therapy & Research Center (CTRC) check presentation. (J. Kessel/J. Bierschwale/M. Spence) Mayor Pro -Tem Scagliola recognized Events Coordinator Mary Spence who stated that on March 3, 2012, the 4th Annual Wilenchik Walk for Life was held in honor of Tony Wilenchik, raising funds for the UT Health Science Center Cancer Therapy Research Center (CTRC). Ms. Spence thanked HEB for their sponsorship of the event. She also thanked San Antonio Credit Union, Walgreens, and State Farm Insurance who manned the water stations this year. Ms. Spence introduced Ms. Valerie Wilenchik; Dr. Steve Weitman, Director of CTRC's Institute for Drug Development; Ms. Sheri Ortiz, CTRC Director of Development; and Ms. Vicki Shapiro, Sarcoma Support Group of CTRC. Ms. Spence presented a check to CTRC in the amount of $22,951.06. The funds were raised during this year's event. Dr. Weitman thanked the City of Schertz for their generosity and for sponsorship of this event. Ms. Spence announced that over the four -year period that the City has held this event, the City has raised and donated over $110,000 to CTRC. • Comal County Historical Commission (J. Kessel/D. Weirtz/Karen Boyd) Mayor Pro -Tem Scagliola recognized Historical Preservation Committee Chair Dean Weirtz who introduced, Karen Boyd, Chairman of the Comal County Historical Commission who briefed the Council and stated that the Comal County Historical Commission members are appointed by the Comal County Judge and that there are 19 members of the Commission and represent all areas of the County. The Commission was awarded $40,000 from Comal County for conducting a county -wide survey of historical resources. The Commission applied for a grant from the Texas Historical Commission and received snatching funds of $40,000, becoming the top grantee in Texas. With these funds, they will be able to survey 75% of the County. There is an estimated 300 properties that are identified to be historical and need to be catatogued. Ms. Boyd requested assistance from the City to notify law enforcement of the upcoming survey that will be completed by a reputable survey company out of Austin. The survey is informational only and will be invaluable to the City in regards to future planning and historical documentation of properties in the City. Ms. Boyd completed her presentation by answering questions from Council and staff. Councilmember Edwards expressed his appreciation to Karen Boyd, the Comal County Historical Commission, Dean Weirtz, and the Schertz Historical Commission for their work on these projects. • Presentation/discussion and possible action regarding Landmark Property designations ( Schertz State Bank, Kneupper Store, Main Street Plaza Building) (D. Weirtz) 05 -01 -2012 Minutes Mayor Pro -Tern Scagliola recognized Historical Preservation Committee Chair Dean Weirtz who requested, due to unforeseen circumstances, Council to table these Landmark Property designations at this time. Mr. Weirtz provided his concerns as to why he is requesting Council to table this item. He stated the City's current Unified Development Code lacks language in Section 21.49 regarding historical properties and asked that the City be mindful of these issues when reviewing the UDC in the future, Councilmembers and City Manager John Kessel made comments regarding the concerns that Mr. Weirtz brought to their attention. • City Secretary & Records Department Update (J. Kessel/B. Dennis /C. Raleigh) Mayor Pro -Tem Scagliola recognized City Secretary Brenda Dennis and Deputy City Secretary Cynthia Raleigh who provided a brief PowerPoint presentation regarding the duties, responsibilities, and activities of the City Secretary's office and Records Management Division. 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, andlor a proposal to place the item on a future agenda. The presiding off cer, 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 Pro -Tem Scagliola recognized the following who spoke: • Ken Greenwald, 205 Westchester Drive, Post Oak Clean Green Landfill • Steve White, 805 Main Street, New Playscape and Veteran's Plaza • David Richmond, 2921 Bent Tree Drive, New Playscape Mayor Pro-Tem. Scagliola recognized the following who spoke regarding the issues with their homes and Pulte Homebuilders requesting the item be placed on a future agenda, requesting information the City has given to Pulte and for Pulte to buy back their homes: • Bruce Touve, 5213 Brookline • Faye Touve, 5213 Brookline • Debbie Bishop, 5321 Storm King • Eray Yilmaz, 3616 Storm Ridge • Kenneth Russel, 6034 Mule Deer 05 -01 -2012 Minutes 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 Pro -Tem or a Councilmember. 1. Minutes - Consideration and/or action regarding the approval of the minutes of the Regular Meeting of April 24, 2012. 2. Resolution No. 12 -R -34 — Consideration and/or action approving a resolution opposing the Post Oak Clean Green Landfill, TCEQ Permit #2378. (J. Kessel/J. Bierschwale) The following caption was read into record: RESOLUTION NO. 12-R -34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, IN OPPOSITION OF THE POST OAK CLEAN GREEN LANDFILL TCEQ PROPOSED PERMIT # 2378 Mayor Pro -Tem Scagliola recognized Councilmember Fowler who asked a question regarding the landfill project. City Manager John Kessel commented that staff is concerned that the landfill does not have adequate protection as well as concerns regarding wildlife and our future and present water supply. Mayor Pro -Tem Scagliola recognized Councilmember Antuna who moved, seconded by Councilmember Edwards to approve the consent agenda items 1 and 2. The vote was unanimous. Motion carried Discussion and /or Action Items 3. Ordinance No. 12 -S -08 - Conduct a public hearing and consideration and/or action to rezone 9.99 +/- acres of land from General Business District (GB) to Apartment/Multi- Family Residential District (R -4). The property is more specifically described as a portion of the Toribio Herrera Survey No. 68, Abstract No. 145, City of Schertz, Guadalupe County, Texas, generally located on Schertz Parkway approximately .08 miles South of Legacy Oaks Parkway, First Reading (B. James/M. Sanchez) The following caption was read into record: ORDINANCE NO. 12 -S -08 BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE OFFICIAL ZONING MAP ORDINANCE 11 -S -15 BY REZONING APPROXIMATELY 9.991 ACRES OF LAND FROM GENERAL BUSINESS 05 -01 -2012 Minutes DISTRICT (GB) TO APARTMENT/MULTI- 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. 68, ABSTRACT NO. 153, GUADALUPE COUNTY, SCHERTZ, TEXAS. Mayor Pro -Tern Scagliola recognized Director of Development Services Michelle Sanchez who introduced this item stating that action rezones 9.99 f acres of land from GB to R-4 on Schertz Parkway approximately .08 miles -south of Legacy Oaks Parkway. The property owner submitted his first application to rezone this property from GB to R -4 on October 11, 2011. On December 6, 2011, the City Council considered the original request wherein they postponed action on the item to allow the developer, Tony Eugenio, an opportunity to work with staff to develop a PDD (Planned Development District) with mixed use development. Mr. Eugenio withdrew his zoning request on January 3, 2012. He submitted the new application on February 3, 2012. The site is currently undeveloped. Ms. Sanchez stated staff cannot support the zone change request at this time. It does not meet the City's vision for Schertz Parkway to be developed with a mixed use of residential development and low density type commercial. It is the City's intent to ensure that development, both existing and proposed are balanced throughout the City. Furthermore, the Comprehensive Land Use Plan states that commercial development should be concentrated in nodes at intersections and along major thoroughfares designed and constructed to accommodate heavy traffic or to serve a specific commercial purpose. On March 28, 2012, the Planning and Zoning Conunission unanimously voted to forward to City Council with a recommendation of disapproval of the zoning change due to lack of conformance with the City's Comprehensive Land Use Plan, Ms. Sanchez noted that according to Local Government Code 211.006(d), a super majority vote is necessary to approve this request since we have received written protest from property owners of more than 20% of the area lots or land with 200 feet of area covered by the proposed change. Mayor Pro -Tern Scagliola opened the public hearing and recognized the following who spoke and provided a brief power point presentation regarding the re- submittal of the request to rezone and answered questions from Council: • Tony Eugenio, Developer — Land Owner • Joe F. Nix, PE, Civil Engineer Consultants • Robert Brockman,_ 1000 Elbel Road Mr. Eugenio provided information on the following regarding the rezone: • Over -all layout _ • Apartment lay -out • Apartment rendering 05 -01 -2012 Minutes • Exterior design features Mr. Brockman questioned Council if this zoning request was the same request that was presented in December 2011, and if what is being asked of Council, would be to disapprove the Planning and Zoning Commission ruling? Mayor Pro -Tern Scagliola indicated that the purpose of this agenda item was for Council to consider the rezoning request. City Manager John Kessel explained this item in detail and answered questions. As no one else spoke, Mayor Pro -Tem Scagliola closed the public hearing requesting any comments from Council. Mayor Pro -Tem, Council, and City Manager John Kessel addressed concerns once the build out is completed. What would be the impacts of traffic, right and left turns, as well as acceleration and deceleration? Concerns were addressed regarding roadway system design constraints and traffic signal placement expense and experience. Council addressed the uses allowed in General Business Districts. Mayor Pro -Tem Scagliola recognized Councilmember Edwards who moved, seconded by Councilmember Carpenter to deny the request based upon staff's recommendation. The vote was unanimous. Motion carried. 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, excbange, sale, lease, or value of real property, or real estate, Section 551.074 Deliberation regarding personnel matters, duties of certain public officials and employees, and Section 551.087 Texas Government Code -- Deliberation regarding Economic Development Negotiations. The Council did not meet in Executive Session. 4. Take any action deemed necessary as a result of the Executive Session. No action as Council did not meet. Requests and Announcements 5. Requests by Mayor Pro-Tern and Councilmembers that items be placed on a future City Council agenda. Mayor Pro-Tern Scagliola recognized Councilmember Carpenter who moved, seconded by Councilmember Antuna to reconsider item 3 regarding Ordinance No. 12 -5 -08. The vote was 4 to 1, with Mayor Pro -Tem Scagliola voting nay. Motion carried. Mayor Pro-Tern Scagliola re -read the following caption into record. 05 -01 -2012 Minutes ORDINANCE NO. 12 -S -08 BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE OFFICIAL ZONING MAP ORDINANCE 11 -S -15 BY REZONING APPROXIMATELY 9.99-+ ACRES OF LAND FROM GENERAL BUSINESS DISTRICT (GB) TO APARTMENTMULTI -FAMMY RESIDENTIAL DISRICT (R- 4) KNOWN AS SCHERTZ PARKWAY APARTMENTS. THE PROPERTY IS MORE SPECIFICALLY DESCRIBED AS A PORTION OF THE TORIBIO HERRERA SURVEY NO. 68, ABSTRACT NO. 153, GUADALUPE COUNTY, SCHERTZ, TEXAS. Mayor Pro -Tern Scagliola recognized Councilmember Carpenter who indicated that he made a motion to reconsider this item to allow Council to discuss if rezoning this area to a PDD is prudent at this time. Councilmember Carpenter further discussed his reasons for his motion. Mayor Pro -Tern Scagliola recognized Development Services Director Michelle Sanchez, City Attorney Katherine Tapley, Executive Director Brian James, and City Manager John Kessel who outlined the necessary requirements of rezoning an area to a PDD. These requirements include: • A Master Plan • PDD documents that outline the design criteria • Proper notices to landowners Due to the lack of these items at this time, the City cannot rezone the area to PDD. The City may look into doing this in the future. At this time, the City can rezone the area to a lower level of use, but not a higher level of use, such as a PDD. Staff is hesitant to recommend to Council to rezone property to something other than the immediate request. This could become problematic for future rezoning cases. There is nothing that would preclude the applicant fiom going back to the drawing board and coming back to Council with a different request. Council and staff further discussed this item in detail As there was no motion to make, and no further discussion, Mayor Pro - Scagliola closed the item. 6. Requests by Mayor Pro -Tern and Councilmembers to City Manager and Staff for information. Mayor Pro -Tem Scagliola recognized Councilmember Antuna who requested information on the parking issues on Corridor Loop. City Manager John Kessel commented that this concern has been discussed by staff, and they are working toward a possible solution to this issue. Mayor Pro-Tern Scagliola recognized Councilmember Fowler who requested information on a city dog park; Councilmember Fowler also questioned if the signatures on a petition are public record. City Manager John Kessel answered that the dog park is part of the new 05 -01 -2012 Minutes animal shelter and further discussed this item. City Secretary Brenda Dennis indicated that the signatures on a petition are, in general practice, public record. Mayor Pro -Tern Scagliola questioned staff regarding citizens' concerns; on the new Playscape. City Manager John Kessel indicated that the change of construction was brought to Council as a courtesy to get feedback. Staff is currently researching this item and the changes are not permanent as of yet, and the information will be brought back to Council for a final decision before proceeding. Mr. Kessel further discussed this item in detail. 7. Announcements by Mayor Pro -Tern and Councilmembers • City .and community events attended and to be attended • City Council Committee and Liaison Assignments • 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 Pro -Tem Scagliola recognized Councilmember Fowler who stated he attended the following events: • Schertz Chamber of Commerce Friendship Pet Hospital and Wellness Center Ribbon Cutting, April 27, 2012. Mayor Pro -Tern Scagliola recognized Councilmember Antuna who stated that the Guadalupe County Commissioners Court appointed the new judge, Charles Willmann, this morning. Judge Willmann served on Commissioners Court from 1988 -1992 and Judge Willmann will remain'County Judge until after the November 2012 election. Mayor Pro -Tem Scagliola recognized Councilmember Edwards who stated he attended the following events: • Schertz Chamber of Commerce Meet the Candidates Night, April 25, 2012. Mayor Pro -Tem Scagliola stated the attended the following events; • Schertz Chamber of Commerce Friendship Pet Hospital and Wellness Center Ribbon Cutting, April 27, 2012. 8. Announcements by City Manager Mayor Pro-Tern Scagliola recognized City Manager John Kessel who mentioned a lettex written by Theodore Croy, PhD, PT, OCS, MAJ, SP, who moved to town two months ago. Dr. Croy wrote that the "leaders of this City have coherent vision for the community and it is working. We really enjoy living here." 05 -01 -2012 Minutes City Manager John Kessel commended Finance Director Juan Santoya, who identified, created, and implemented some new processes. He is working on a training manual for Department Heads on how to create, read, and utilize revenue and expense reports. Adjournment Mayor Pro -Tem Scagliola adjourned the mgefiig at 9:22 Mayor Pro- ATTEST: Brenda Deiu is, T RMC, MMC City Secretary 05 -01 -2012 Minutes