ccrg 12-01-03
Schertz City Council – Regular Session
Monday, December 1, 2003
The Schertz City Council convened in regular session on Monday, December 1,
2003 at 7:00 p.m. in the Municipal Complex Council Chambers, 1400 Schertz
Parkway, Schertz, Texas. The following members were present: Mayor Hal
Baldwin presiding, Councilmembers Carl Douglas, Steve Simonson, Reginna
Agee, and Tony Wilenchik and Ken Greenwald. Staff members present were City
Manager Mark Marquez and Deputy City Secretary Mary Ybarra.
Mayor Pro-Tem Greenwald asked that everyone rise and join him in the pledge
of allegance.
#1 PUBLIC HEARING: To receive citizen comments on the proposed
annexation of approximately 655.5 acres located adjacent to the existing City
limits line parallel to IH-35 for the North boundary, the City of Cibolo ETJ for the
South boundary, and between the existing City limits lines along the Northcliffe
Scenic Hills development on the West and the City limits line that parallels
Eckhardt Road to the East.
Mayor Baldwin explained the procedure to be followed in a Public Hearing.
City Manager Marquez explained that the purpose of public hearing is to receive
citizen comments on the annexation process, and also to receive input from
citizens on whether it’s a good idea or it isn’t, obviously staff believes it’s a good
idea. He indicated on a map the City limits and indicated area of proposed
annexation and commented that the City needs to close these large gaps. With
the recent voluntary annexation of adjacent property and the growth of
development to occur it’s very important to acquire control of the proposed area.
A problem development (Northcliffe) occurred due to it being a county
development and to insure this type of situation does not happen, the City
would like to have control and have development follow rules so this type of
situation does not happen again. Annexation into the City would insure water;
sewer and infrastructure would require City standards.
Barbara Wright at 24550IH 35 North commented that her parents who were
unable to attend due to health conditions own property in the proposed
annexation area. In her opinion the annexation will hurt property owners in the
area, such as in fire, and police protection relative to response time, versus City
of Schertz and City New Braunfels. Mayor Baldwin advised her of the new
emergency facility planned for the area, which plans have been approved by City
Manager. Ms. Wright stated this new sub-station has been promised for over
twenty years (20). Ms. Wright was given an overview of what to expect in regard
to emergency services and would be provided. She went on to say that if area is
annexed it would take away the right to carry arms. Many of the residents in the
area are farmers who carry arms for protection of livestock. It is her
understanding that none of residents in the area have intentions of selling
property and would like to stay with their rules as they have for all these years.
In her opinion, the annexation would be taking away what is already in place
(works well) and making it less valuable. The annexation would not benefit any
of the properties in the area.
Victor King at 1605 Schwab Road commented he is not in favor of annexation
and added that he has been living on his property for the pass (30) thirty years
and this is the first time he has seen any one from Schertz. He has New Braunfels
utility, water, etc., and this is the first time there has been any mention of
annexation. He went on to say that it’s a rural area and he likes it there. He has
no plan of relocating for the next eight years, because by then his granddaughter
will be out of the school district, then possibly he would consider selling. What
would the City give him that he doesn’t have already? Nothing has been offered,
no one has advised him of plan, he has been told the plan shows a road down
through his the property and no one has had the courtesy of telling him. He is
very much against it.
Mayor Baldwin inquired if Mr. King had received a service plan. Mr. King
indicated he had not. He received notification of proposed annexation with no
time and date indicated. City Manager Marquez stated a mail out would go out
tomorrow with service plan to all those property owners involved in proposed
annexation.
Mayor Baldwin advised Mr. King the reason for proposed annexation is to gain
control, for and if, development begins to occur in the area. Annexation would
protect property owners from other property owners when they sell as Mr. King
as indicated he might decide to sell in the next eight years. Annexation into the
City would protection and would insure property owners that they have the best
suitable development for the area and insure that property owners are paid well
for their property when they decide to sell.
Richard Ramirez at 24005 IH-35 commented he is present on behalf on this
mother (Mrs. Pacheco). Mr. Ramirez inquired about plan and if one is available
for review. He was advised copies would be passed out this evening of the City
service plan for the proposed annexation area. He went on to say he would like
to obtain information on water, sewer, and infrastructure issues and how the
City would under go these services. He was advised the City wouldn’t
necessarily put these services in place, however would work with developer to
insure the requirements were followed by City code. He also inquired on the
timeline of new sub-station for the annexed area. He was advised the plans have
been approved, money already approved and would see station by the first of
the year. Mr. Ramirez inquired on zoning, what would the annexation area be
zoned. He was advised it would be “Pre-development”, which means there is no
real zoning until some one requests it. The possibility of (R-A)- Residential
Agriculture is foreseen for the area.
Mayor Baldwin advised residents of annexation procedures and dates. Public
Hearing would be held on December 2, 2003 giving citizens the opportunity to
speak on the issue again. There will be preparation on December 16, 2003, first
reading of Ordinance on December 23, 2003 and final reading of Ordinance on
December 30, 2003.
Betty King inquired on the development adjacent to proposed annexation area
and asked if plat was available for review. She was advised the plat was
approved and would be provided at the Public Hearing of December 2, 2003.
Mrs. King stated that she believes Council has already decided and would go
ahead with annexation and it really doesn’t matter what any of the residents
have to say. Mayor Baldwin commented that the purpose of Public Hearings is
for interested parties to get the opportunity to speak and voice their concerns
and opinions. Council takes all comments into consideration and added that it’s
very seldom that an area is annexed, where the property owners want to be
annexed.
Charlie Kurcherka at 4600 Eckhardt Road commented that after listening to
everyone this evening, it is safe to say, no one wishes to be annexed. As far as the
property owners and comments made this evening, he believes they have
everything out there they need. He believes the annexation is premature due to
the fact no one wants to be annexed. He also inquired if the annexation is for the
entire 655.5 acres. He was advised yes. Mr. Kurcherka commented that after
listening this evening he gets the idea that owners aren’t interesting in being
annexed and if the annexation plan is to insure that development occurs to City
standards, and no one is interested in selling, why are these property owners
being forced to annex.
Robert Brockman inquired on the number of letters sent; he was advised (12)
twelve letters were sent. Also, letters were sent according to the law to all utilities
that service the area, and in some cases the railroad would have to be notified.
Mr. Brockman asked who was the developer for the subdivision adjacent the
proposed annexation. He was advised it was Hilstar Investments.
At this time, Amy Madison, Community Development Director presented map
of Tanglewood Subdivision, which is adjacent to the proposed annexation area.
At this time a brief discussion followed on issues of water and proposed road
plan of the Tanglewood Subdivision, and other road plans. These roads would
be built to City standards, if and when these roads would come into play. It was
reiterated that the annexation procedure is help the city fill in areas. The
annexation of this area in the long run would insure (when property is sold) that
the property is more valuable and property would become more conducive to
the kind of development in the area. Issue of carrying arms was addressed
relative to the annexed area. Question was asked if it would change and it will
not change. The property owners in these rural areas are in control out there, and
if there is no one complaining, no one is going to know. However, if a property
owner is shooting out there and property is being damaged, there is an
Ordinance in place to enforce and protect citizens.
Before closing the Public Hearing, Mayor Baldwin invited everyone to contact
City Hall, visit and ask for any new development happening in the area. Ask to
see plats, review service plan, fire station floor plan, etc. At this time, there being
no further discussion Public Hearing was closed.
#2 Items by City Manager
General Announcements
??
Had no comments.
#3 Items by Council
General Announcements
Councilmember Douglas
Liaison EDC
??
Had no comments.
Councilmember Simonson
4-B Board
Liaison BVYA
??
He hopes that at the next Public Hearing there would be more maps,
master plan thoroughfare road plan, for property owners to review.
.
Councilmember Agee
4-B Board
Liaison Schertz Housing Authority
Liaison Schertz Library Board
. Had no comments.
Councilmember Wilenchik
4-B Board
Liaison Schertz Humane Society
Liaison HOA Coalition
Ex-officio- TSAC
. Had no comments.
Councilmember Greenwald
4-B Board
Ex-officio SjSLG
.
. Had no comments.
#4
Items by Mayor
General Announcements
. Reminded Council of Zenobia Coverson, Time Warner Hometown Hero
recipient, reception scheduled for tomorrow evening at 6:30 p.m. before
Council meeting.
#5 ADJOURNMENT
Being no further business
meeting at 8: 20 p.m.
moved to adjourn the
Mayor, City of Schertz, Texas
ATTEST:
.
ity ecretary, City of Schertz, Texas
98