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)
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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)
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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
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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
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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
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• 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.
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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
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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."
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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
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