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09-28-10 MINUTES REGULAR MEETING September 28, 2010 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on September 28, 2010, at 6:30 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 David Scagliola Councilmember Jim Fowler Councilmember George Antuna Councilmember Michael Carpenter Staff Present: City Manager Don Taylor Assistant City Manager John Bierschwale Assistant City Manager David Harris City Attorney Michael Spain Deputy City Secretary Mary Ybarra Mayor Pro Tem Cedric Edwards absent CALL TO ORDER REGULAR MEETING Mayor Baldwin called the meeting to order at 6:30 p.m. INVOCATION AND PLEDGES OF ALLEGIANCE TO THE FLAGS OF THE UNITED STATES AND STATE OF TEXAS. Councilmember Fowler announced that last week he asked for prayers for Melvin Beck, Public Works Inspector and Ms. Rose Gutierrez, but this evening announced that the good Lord decided to call them home, and asked to keep the families in our prayers. Councilmember Fowler gave the invocation followed by the Pledges of Allegiance to the Flags of the United States and State of Texas. PROCLAMATIONS ~ Fire Prevention Week (Assistant Fire Chief/Fire Marshal Glen Outlaw to accept) Mayor Baldwin read and presented a proclamation to Assistant Fire Chief/Fire Marshal Glen Outlaw tivho accepted on behalf of the Fire Department. At this time, Mayor Baldwin asked that the two annexation items be moved after the Hearing of Residents (Council concurred), and stated that those citizens that have signed up to speak on annexation will be able to speak at the public hearing this evening, however would be allowed to speak under Hearing of Residents if they so desire. 9-28-10 Minutes HEARING OF RESIDENTS Mayor Baldwin recognized the following citizens: Richard Dziewit, 2550 Chasefield Drive, who invited Council to the Crime Stopper kick- off celebration, September 29, 2010 at the Civic Center from 6-8:30 pm. Mr. Robert Brockman, 1000 Elbel Road, who commented that Schertz Fest was a great party, City employees did a great job, he also mentioned that there is not much activity at the Senior Center, does this stem from ongoing negotiations with We11Med? He reported that several trees at Gutierrez Park are broken and could be hazardous. He also inquired if the City was represented at the Live Oak Civic Center regarding the IH-35 conference this evening. Assistant City Manager David Harris reported that Planning and Zoning Commissioner's represented the City. Mayor Baldwin announced Council would move to annexation items. 13. Annexation - Conduct a Public Hearing relating to the annexation of approximately 1442.27 acres located north and south of Interstate 35, from the current corporate boundary of the City east to the outer boundary of the City's extraterritorial jurisdiction, all in Guadalupe County, Texas or Comal County, Texas. (M. Spain/M. Sanchez) Mayor Baldwin recognized City Attorney Michael Spain who introduced this item stating that on August 10, 2010, the City Council began the process of annexing approximately 1,461 acres in the I-35 area. A map of the area proposed to be annexed was attached, together with a list of property owners. There are 64 tracts of land and 38 owners. Out of the 38 owners, 21 are Ag-assessed tracts and are expected to choose to enter into Development Agreements. Several steps in the annexation process have been completed. An annexation timeline was attached, as well as provision of City services pursuant to the proposed service plan to the annexed area, and collection of ad valorem taxes. Assistant City Manager David Harris reported that the ad valorem taxes of the annexed area are approximately $111,000 and $47,000 in sales tax. Mr. Spain stated that this meeting is the first public hearing required as part of the annexation process. October 5, 2010 is the second public hearing. Due to cancelling the meeting of October 26, 2010, the annexation timeline will. be adjusted, so the first and final reading of the ordinance is to be determined. Mayor Baldwin opened the public hearing and recognized the following: o Jim Naiz, Jackson Walker Law Firm who represents the Holcim Family Group, property (1,015 acres) located on the far northwest corner of the proposed annexed area is located in the Schertz ETJ and the New Branufels ETJ. The family group is asking that the City not annex the property this year. The family is in the stone, gravel, sand and cement industry and plans are ongoing to establish the site into a stone quarry and have been in the 9-28-10 Minutes Page - 2 - State permitting process for sometime and seem to be coming to end. Because the property is located in two ETJ, and if annexed by Schertz, it would still leave a portion of the property in the New Branufels ETJ. Because of this, they would like to open discussion on possibly entering into a development agreement allowed under State law between cities and landowners in an ETJ (Chapter 212 of the Local Government Code). Mr. Naiz reiterated that the family group would like to open discussion between staff before the next hearing and Council making a decision. o Dennis Engel, Engel Road who owns a 60-acre farm, 580 Engel Road, New Braunfels, Texas (six miles from New Braunfels Court House), his brother David/family owns a 50-acre farm adjacent his property, stated that these farms have been in the family since 1872. Their home built in 1873, has been in the New Braunfels Historic tour of homes, they were born and raised in New Braunfels and would like their homes to remain in the New Branufels Heritage and remain in New Branufels, not Schertz. According to the proposed annexation, the entire 50-acre farm (David/family) would be in Schertz. Of the 60-acres, 39-acres would be in Schertz, those 39 acres being the back of the property with no road access, except through the remaining 21 acres in the New Braunfels ETJ. His concern is that the property is to be taxed by two different cities, and questioned is property value affected by this. In conclusion, he stated that his family would like to remain in New Braunfels, because of the reasons mentioned above. o Monica Engel/David Engel, Engel Road who echoed the same sentiment regarding the 50-acre farm. The family would like to remain in New Braunfels community. The family has no plan to sell or subdivide the property. The family respectfully requests that the farms (60-acre/SOacre) be excluded from the proposed annexation. o Gerrard Brown, 702 Sweetbrush who made inquiry on the development agreement (Ag-owner), Section 5, Part B-if development agreement is signed, does the Ag assessed value go away after the ten-year period. City Attorney Michael Spain explained that Ag assessed value is not affected by the annexation. Mr. Brown then asked is the City looking at additional city taxes. Mr. Spain stated that the purpose of annexation is for uniformity of city services, as well as taxes to pay for services. Mr. Brown points out that there is 7.9 acres not listed as part of the annexation and questioned what happened to that acreage. Mr. Spain stated he would get with Mr. Brown on the acreage in question. o Ronnie Schott, 1300 Engel Road who voiced concern regarding the development agreement and city regulations, such as required permits etc. He inquired on fencing regulations (barbwire), will he have a problem and was advised no, inquired on the City tax rate, was told the tax rate effective October 1, 2010 is 0044.93, he also asked for clarification on the outer loop, is it going down Engel Road or Schwab Road. Assistant City Manager David Harris stated that to his knowledge there is not a definitive path 9-28-10 Minutes Page - 3 - determined. Mr. Schott asked why is the City annexing, does the City want more taxes. City Manager Taylor explained that annexation provides control/planning on future development. Mr. Schott stated he is very much ~ against the annexation. o Patrick Fender, 1376 Engel Road who inquired if (Big John Road) 911 access road is to be upgraded, and would he still be in the New Brauufels ISD. o James Overson, property owner stated he is against the annexation and voiced his disbelief on requirement of permits when annexation takes place. Another concern is subdividing of property and its effectiveness. o Janet Colonaski, stated she taught in the SCUC ISD for 20 years, and what she hears from all the comments made this evening is concern; many property owners do not feel a need for city services, what is important is Ag exemption and value, how long will Ag value be around if property is sold or not sold, how controlling will it be when it comes to permitting, how is the annexation going to affect us, what protects our life style. Property owners are not hearing any answers, however, there is deadline to return the development agreement on October 7, 2010, and if we do not have any answers, how do we know if we are protected. City Attorney Michael Spain stated that questions will be answered or the date extended on the agreement. o Sharlene/Tim Fey, 602 FM 482 who would is speaking on her mother's behalf, which is the property across the street from their property that is assessed as Ag. Her mother's property was not identified as Ag exemption so providing paperwork before the deadline is difficult, and would appreciate an extension. She went on to say, many properties along FM 482 are in the flood plain and for the past few years, the problem has worsen. Many property owners cleanup along the Dry Comal Creek after flooding, burn .debris in cleanup efforts, and asked is it allowed under the development agreement. She also asked if the City has a plan to mitigate the flooding along the Dry Comal Creek. She further stated that FM 482 is part of a U.S. Historic Trail, Camino Real de las Tejas, which follows along the Dry Comal Creek, and hopes the City promotes and preserves the Trail. She questioned what is allowed under the development agreement; would they have a voice in City issues, who is Council representative, what is zoning designation, does Ag continue after the 10-year term, and does Ag continue if property is sold, gifted or subdivided. The family would like to stay in New Braunfels and voiced concern with renaming of Schwab Road. o Brian Wetz, Eckhardt Road who stated that some of his property has been annexed and saw this annexation coming. Some of the issues he has is that he has been paying city taxes because of being annexed, but has not seem anything for his dollars as far as services. He stated concerns regarding 9-28-10 Minutes Page - 4 - hunting rights if property is annexed, "this is not country living", if hunting is not allowed. o Mike Colonaski, who asked what guarantee does the landowner have after the 10-year term that the zoning designation will not change. There being no one else to speak; Mayor Baldwin closed the public hearing. Mayor Baldwin recognized City Attorney Michael Spain who went over the annexation timeline. October 5, 2010 is the second public hearing; because of cancellation of October 26, 2010, the annexation timeline will be adjusted, and so the first and final reading of the annexation ordinance is to be determined. The October 7, 2010 deadline maybe extended if Council so desires. Mayor Baldwin stated that property owners have three more opportunities to address Council on their concerns and invites them to do so. If property owners have questions, please feel free to contact City Attorney Michael Spain or Development Services Director Michelle Sanchez. City Attorney Michael Spain stated that he would address some questions, not all. o City Council is at large, the City has no districts o Voting precincts are determined by the County o The area will be zoned Pre-development, however, it will be permissible to continue the use of the property before annexation, only if the use is continued. If the use comes to an end, then property would conform to current zoning o Ag assessed value when it comes into the City by annexation. (i.e. -the market value of Ag property is $20D,000 and the assessed Ag value is $10,000. The $10,000 is the amount taxed by the current city tax rate. o Platting ofproperty- there is a County subdivision rule regarding platting, so if the property were not annexed, county rule would apply. Mr. Spain stated that if property owners have any other questions, please call, (210) 270-7184-Michael Spain direct line-(210) 619-1760-Michelle Sanchez direct line. Mayor Baldwin thanked everyone for his or her comments. Mayor Recessed at 7: SS pm Mayor reconvened at 8:00 pm 14. Annexation - Conduct a Public Hearing relating to the annexation of approximately 195.62 acres located immediately north of Interstate Highway 10 and between Trainer Hale Road and Cibolo Creek, all in Bexar County, Texas. (M. Spain/M. Sanchez) Mayor Baldwin recognized City Attorney Michael Spain who introduced this item stating that on August 10, 2010, the City Council began the process of annexing 9-28-10 Minutes Page - 5 - approximately 195 acres in the I-10 area. A map of the area proposed to be annexed was attached, together with a list of property owners. Some owners of Ag-assessed tracts are expected to choose to enter into Development Agreements. There are (3) three tracts with (3) three owners, two of the properties are Ag-assessed. Several steps in the annexation process have been completed. An annexation timeline is attached, as well as provision of City Services pursuant to the proposed service plan (attached) to be annexed, and collection of ad valorem taxes from the annexed area. Assistant City Manager David Harris reported the ad valorem tax of the three tracts is $13,100 and no sales tax. Mayor Baldwin recognized City Attorney Michael Spain who went over the annexation timeline. October 5, 2010 is the second public hearing, because of cancellation of October 26, 2010, the annexation timeline may have to be adjusted. Mayor Baldwin opened the public hearing, there being no one to speak; Mayor Baldwin closed the public hearing. Mayor Baldwin announced that Council would continue with the agenda as follows: CONSENT AGENDA The Consent Agenda is 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. 1. Prescription Assistance Program -Consideration and/or action renewing the Interlocal Agreement with Guadalupe County regarding prescription assistance. (Larry Hicks) 2. Minutes -Consideration and/or action regarding the approval of the minutes of the Regular Meeting of September 21, 2010. 3. ZC2010-005 -Ordinance No. 10-5-28 -Consideration and/or action upon a request to amend the Master Thoroughfare Plan Figure 5.2 of the Comprehensive Land Plan. Final Reading (M. Sanchez) 4. ZC2010-006 -Ordinance No. 10-5-29 -Consideration and/or action upon a request to amend the Unified Development Code (UDC) to suspend additional properties with Single-Family Residential District-6 (R6) and Single Family Residential District -7 (R7) zoning classifications within the City of Schertz. Final Reading (M. Spain/M. Sanchez) 6. Resolution No. 10-R-61 - Consideration and/or action approving a resolution of the City of Schertz, Texas, amending and replacing Resolution No. 10-R-52 amending the Fee Schedule of Appendix C of the Code of Ordinances, City of Schertz. (D. 3 Harris) 9-28-10 Minutes Page - 6 - Mayor Baldwin asked if there are any items that need to be pulled from the Consent Agenda. Councilmember Scagliola requested to pull item 5, and Councilmember Carpenter requested to pull item 7. Mayor Baldwin recognized Councilmember Carpenter who moved, seconded by Councilmember Fowler to approve items 1, 2, 3, 4, and 6 on the consent agenda. Vote was unanimous. Motion carried. 5. ZC2010-007 -Ordinance No. 10-5-30 -Consideration and/or action upon a request to amend the Unified Development Code (UDC), Section 21.5.7 Dimensional and Developmental Standards, Table 21.5.7.A Swimming Pools and Maximum Impervious Cover Limitations within residential districts. Final Reading (M. Spain/M. Sanchez) Mayor Baldwin recognized Development Services Director Michele Sanchez who introduced this item answering questions from Council. Ms. Sanchez provided clarification to the table regarding language referring to swimming pool overflow system; the language has been inserted to read as follows: o. Swimming pools shall be included in calculating the maximum impervious cover limitation, unless the swimming pool is equipped with a water overflow system appropriate for such pool, in which case the water surface area of the swimming pool shall be excluded. Mayor Baldwin recognized Councilmember Scagliola who asked if the Planning and Zoning Commission has had the opportunity to discussion the language change. Ms. Sanchez stated that the Commission had not and stated that collectively the Commissions' recommendations stand-not to change. Councilmember Scagliola stated that knowing that the . City Engineer and the Planning and Zoning Commission unanimously oppose the change; he too tends to agree with them. Councilmember Fowler, City Engineer Larry Dublin and Councilmember Carpenter expressed their thoughts regarding swimming pools included in calculating the maximum impervious cover limitation, and agree not to change the impervious cover requirement. Councilmember Carpenter stated that out of respect to Councilmember Edwards who is absent due to a bad back, he requests tabling the item until a full Council is present. Mayor Baldwin recognized Councilmember Carpenter who moved, seconded by Councilmember Fowler to table the agenda item to Council meeting of October 19, 2010, and have the Planning and Zoning Commission discuss the issue at their meeting of October 13, 2010 and forward the outcome one more time to Council. Vote was unanimous. Motion carried. 9-28-10 Minutes Page - 7 - 7. Resignations/Appointments/Reappointments to Boards and Commissions/Committees - Consideration and/or action regarding resignations/appointments/reappointments to Boards and Commission/Committees. • Ratify the resignation of Andy Bores from Transportation Safety Advisory Commission (TSAC) and William Sommers from the Planning & Zoning Commission. • Appointments to the Board of Adjustment (BOA) • Appointments to the Planning & Zoning Commission Mayor Baldwin recognized Councilmember Carpenter who stated that after review he is ready to make a motion and moved, seconded by Councilmember Scagliola to: • Ratify the resignation of Andy Bores from Transportation Safety Advisory Commission (TSAC), William Sommers and Roberta Tutschke from the Planning and Zoning Commission • Re-appoint Rebrekah A. Inmon, Donald McQueen and Norman Slocum to the Board of Adjustment. • Appoint Ken Greenwald, Ernest Evans, Jr. and Amy McBrearty as regular member, and Bert Crawford, alternate position 1, and Richard Braud to alternate position 2 to the Planning and Zoning Commission. Vote was unanimous. Motion carried Discussion and/or Action Items 8. Resolution No. 10-R-57 -Consideration and/or action approving a resolution accepting a proposal to provide medical services at the Schertz Senior Citizens' Center and approving an Operating Agreement. (M. Spain/B. Cantu) Mayor Baldwin recognized City Attorney Michael Spain who stated that the City has made a great deal of progress since last meeting regarding the Operating Agreement. There are still a number of blanks and questions to address and many have been resolved in conversations with WellMed. He further stated that the operating agreement is in tandem with agenda item 9, considered later this evening. Mr. Spain stated that Council if it so desires may handle the matter in two ways. Because this is the first time considering an agreement of this nature, Council may wait to approve the agreement in it's final form at Council meeting, October 5, or October 12, 2010, along with the Comal County Senior Citizens' Agreement, or if Council is satisfied with the agreement sustains, it may approve this agreement as well as the Comal Senior Citizens' agreement subject to City Manager and the City Attorney signing off on the remaining final changes. Mr. Spain briefed Council on changes presented on draft agreement: o WellMed/Corral Senior Citizens commence dates } o Signage ~ o Utility responsibility (separate meter in WellMed area) 9-28-10 Minutes Page - 8 - o Schertz Senior priority o Certain levels of insurance coverage o Handicapped parking (10 spaces marked) o Allow WellMed 180 days to vacate, in the event Senior Center ceases to operate. o Match terms on both agreements Mayor Baldwin recognized Councilmember Carpenter who asked what type of ad valorem tax is the City to receive from having a private enterprise on City property. Would that be zero? Mayor Baldwin stated that being a former Tax Assessor he believes equipment such as computers, copiers etc., are taxable property. City Attorney Michal Spain stated that possibly the value of license fee may be assessed as well as any equipment. Councilmember Carpenter stated that essentially, what the City is doing is entering into a tax abatement position that does not meet with the City policy, and is against it. Mayor Baldwin recognized Councilmember Scagliola who moved, seconded by Councilmember Fowler to approve Resolution No. 10-R-57 subject to final approval by City Manager and City Attorney. The vote was 3 to 1 with Councilmember Carpenter voting no. Motion carried. 9. Resolution No. 10-R-58 -Consideration and/or action approving an amendment to the City's Operating Agreement with the Comal County Senior Citizens' Foundation. (M. Spain/B. Cantu) Mayor Baldwin recognized City Attorney Michael Spain who stated that changes to the term of the Operating Agreement would be made to conform to the term of the WellMed Medical Services Operating Agreement. Again, he suggests that if Council so desires to approve this agreement this evening, again it would be subject to the City Manager and City Attorney signing off on the final form of the agreement. Mayor Baldwin recognized Councilmember Fowler who moved, seconded by Councilmember Scagliola to approve Resolution No. 10-R-58, subject to City Manager and City Attorney signing off on final form of the agreement. The vote was unanimous. Motion carried. Mayor Baldwin recognized Mr. Robert Lopez, Comal County Senior Citizens' Foundation who introduced Ms. Ida Hardy, Senior Citizens' Center Director. Ms. Hardy stated that she is a resident of Schertz and is ready to dig in her heels and serve the senior citizens' of Schertz. Item 10 was pulled from the agenda and would be considered at the October 12, 2010 Council meeting. 10. Resolution No. 10-R-59 - Consideration and/or action authorizing a Letter Agreement with Jeffrey Kahn concerning installation of sewer lines to serve the Corridor Oaks Mobil Home Park (L. Dublin/M. Spain) 9-28-10 Minutes Page - 9 - 11. Resolution No. 10-R-60 - Consideration and/or action authorizing a Letter Agreement with Schertz-Cibolo-Universal City ISD concerning installation of a City - drinking fountain on School District property. (G. Logan) Mayor Baldwin recognized Parks, Recreation and Community Service Director George Logan who stated that the City desires to install a drinking fountain on a small parcel of property belonging to Schertz-Cibolo-Universal City Independent School District adjacent to a City walking path. The agreement authorizes the City to enter into an agreement with Schertz-Cibolo Universal City ISD to install a drinking fountain and six-foot bench. The drinking foundation will be located on the west side of Schertz Parkway, and mentioned that the City is in the process of working with Ashley Place Homeowners Association on a similar agreement for the east side of Schertz Parkway. Staff recommends approval. Mayor Baldwin recognized Councilmember Carpenter who moved, seconded by Councilmember Scagliola to approve Resolution No. 10-R-60. The vote was unanimous. Motion carried. Councilmember Carpenter requested to postpone agenda item 12 until Mayor Pro- Tem Edwards is present. Council concurred 12. David S. Lack Road - Presentation/discussion and/or action regarding renaming Schwab Road to David B. Lack Road. (M. Sanchez) (Item requested by Councilmembers Antuna, Carpenter and Mayor Pro-Tem Edwards) Mayor Baldwin recognized Councilmember Carpenter who moved, seconded by Councilmember Antuna to postpone agenda item 12 to the meeting of October 12, 2010. The vote was unanimous. Motion carried. EXECUTIVE SESSION Called under Section 551.071 Texas Government Code Litigation, pending litigation; Section 551.072 Texas Government Code - Deliberation regarding the purchase, exchange, sale, lease, or value of real property. No Executive Session 15. Take any action deemed necessary as a result of the Executive Session. No action necessary. Requests and Announcements 16. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. 9-28-10 Minutes Page -10 - Mayor Baldwin recognized Councilmember Fowler who asked if the City has a master plan for annexation, if so, he would like to place it on an agenda. City Attorney Michael Spain explained that City has two routes it can take; have an annexation plan that requires years in advance of notification to property owner's of intent or annexation that falls under exceptions. The City of Schertz annexes under the exception. There are two basic types: annexation requested by property owner and sparsely populated annexation, which is the exception used by the City. 17. Requests by Mayor and Councilmembers to City Manager and Staff for information. Mayor Baldwin recognized Councilmember Carpenter who asked to have staff look into the issue of hunting around Corbett Jr. High School. There have been shots coming over the fence on school grounds during school hours. This is a very serious issue and asked staff if anything can be done to assist the school. Assistant City Manager David Harris informed Council that the surrounding area around Corbett Jr. High School is slated for future annexation, but for now the property is in the County and there is not much the City can do. City Manager Taylor stated that he would contact Chief of Police Steve Starr for further investigation. Mayor Baldwin recognized Councilmember Antuna who asked if the City had contacted Comal ISD. Assistant City Manager David Harris reported Comal ISD has been contacted and waits to hear a definite date. 18. 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 Councilmember Carpenter who relayed great thanks to .City staff in making Schertz Fest a great success. Mayor Baldwin recognized Councilmember Fowler who mentioned that the Bar BQ cook off layout had issues during the rain; however, all took it in stride. The event grew from 16 to 34 entries this year, and being a judge makes it possible to eat and taste some good brisket. Mayor Baldwin recognized Councilmember Scagliola who echoed the same regarding Schertz Fest and most of the credit goes to City Staff. The event was run exceedingly well; there was wall to wall people and thanks goes out to Schertz Police Department, Guadalupe County Sheriff Department and Cibolo Police Force on a great job in containing the large crowd. 9-28-10 Minutes Page -11- _ Mayor Baldwin recognized Councilmember Antuna who stated the same sentiment and thanked City Staff for a great event. Mayor Baldwin thanked Councilmember Scagliola and family for the many hours of volunteer service during Schertz Fest. 19. Announcements by City Manager • Recognition of City employee actions • New Departmental initiatives Mayor Baldwin recognized City Manager Taylor who commended staff, all volunteers and elected officials for making Schertz Fest a great success. Mr. Taylor stated that Assistant City Manager John Bierschwale worked diligently to make it happen and he did. Mayor Baldwin recognized Assistant City Manager John Bierschwale who announced record sales on beer, the event sold out of beer. Beer sales were well over $21,000, the most ever for this event. A report to Council on final numbers is forthcoming after all bills are paid. He thanked City staff on a job well done. ADJOURNMENT As there was no further action, Mayor Baldwin adjourned the meeting at 9:10 p.m. /L~ ~j1? yor ATTEST: Mar Yba a, MC, Deputy City Secretary 9-28-10 Minutes Page -12 -