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10-05-10MINUTES REGULAR MEETING October 5, 2010 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on September 14, 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 Jim Fowler Councilmember George Antuna Staff Present: City Manager Don Taylor Assistant City Manager David Harris City Secretary Brenda Dennis Mayor Pro Tem Cedric Edwards Councilmember David Scagliola Councilmember Michael Carpenter CALL TO ORDER REGULAR MEETING Assistant City Manager John Bierschwale City Attorney Michael Spain 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 gave the invocation followed by the Pledges of Allegiance to the Flags of the United States and State of Texas. Mayor Baldwin announced that beginning October 19, 2010 the City Council meeting would begin at 6:00 p.m. HEARING OF RESIDENTS Mayor Baldwin recognized the following citizens: • Mr. Robert Brockman, 1000 Elbel Road, addressed the Council regarding the Civic Center not having a panic bar on the exit doors. • Mr. Ken Greenwald, 205 Webster, addressed the Council on the recent I-35 expansion meeting he attended, providing information to them. Discussion and/or Action Items Annexation - Conduct a Public Hearing and discussion relating to the annexation of approximately 1442.27 +/- acres located north 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 10-5-10 Minutes 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. Some owners of Ag-assessed tracts are expected to choose to enter into Development Agreements. Several steps in the annexation process have been completed. A revised annexation timeline was also attached and adjusted, so the first and final reading of the ordnance could accommodate the cancellation of the October 26, 2010 meeting. This meeting is the second and final public hearing required as part of the annexation process. Mr. Spain stated that the development agreement process has started and he has met with several owners. He suggested a change in the service plan from 2 'h years to 4 '/2 years, which is what is permitted by state law. Mr. Spain pointed out two particular properties that share Schertz ETJ and New Braunfels ETJ, stating that these two properties could be dealt with by a type of development agreement between the two cities. Mr. Spain and Development Services Director, Michelle Sanchez addressed the following concerns brought up from citizens at the September 28, 2010 meeting: • Permits/Construction/Platting -compliance with subdivision requirements applies to ETJ property anyway. • Use of licensed contractors • Selling/Giving land to relatives -you answered, if Development Agreement is taken, good for 10 years, transfer will allow recipient the remainder of the 10 years, not to exceed 10 years. • Use of Property -what are they allowed to do • Zoning -comes in as Pre Development, all existing uses may continue until they are abandoned. My question -how long do we have to zone the property according to the use and does the property owner have any opportunity to request a certain zoning district. A couple of folks who have called said their raw land is up for sale, they are marketing the land as commercial and want to be sure that if the annexation takes place prior to selling the property that the City will zone it commercial? • Will the City construct/make improvements to roads • What about the City making water/sewer service available to property. The service plan says within 2-1/2 years, will the City do these things. • Hunting restrictions • How will residents be notified of revised deadline on Development Agreement submittal • On I-35/Green Valley area, it was mentioned that an existing road for 911 access is simply an ingress/egress easement and private. City will not improve that. • Concerns by residents that the roads are impassable during heavy rain, what is City going to do to insure that emergency services can reach them. Comments included that roads are currently impassable during a heavy rain, residents cannot get out and it would be difficult to get in even if New Braunfels responded to an emergency. In 10-5-10 Minutes Page - 2 - other words, it is and will remain difficult for anyone to get in until roads are improved to City standards. Mayor Baldwin opened the public hearing and recognized the following who spoke: • Mr. Dennis Engel, 580 Engle Road, opposed to the annexation 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. He also stated the need of more time to understand the Development Agreements Mayor Baldwin asked if Council would be willing to release the property back to New Braunfels. He believed that the City should accommodate the residents request to stay in New Braunfels. • Ms. Monika Engel, 680 Engel Road, who spoke against being annexed, echoing 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. • Mr. David Engel, 680 Engel Road, who also spoke against the annexation. • Mr. Gerald Brown, 720 Sweetbrush, who addressed the Council regarding the annexation its processes and provided comments. • Mr. Jim Nias, Jackson Law Firm representing the Holcim Family, who spoke regarding the amount of their acreage in the Schertz ETJ and the New Braunfels ETJ. • Ms. Lois Voigt, 8929 Green Valley Road, who spoke against the annexation. • Ms. Charlene Fey, who came forward stating she is pleased the Council is willing to help the Engel family. 10-5-10 Minutes Page - 3 - Council members discussed the issues brought up by the residents, and after considerable discussion, it was decided that Council allow the City Manager to contact New Braunfels regarding this issue and see if they would be willing to release other property to the City of Schertz in exchange. Mr. Taylor stated that he would be getting back to Council and the Engels. There being no one else to speak, Mayor Baldwin closed the public hearing and announced that the first reading of the ordinance will be held on November 2, 2010 at 6:00 p.m. 2. Annexation - Conduct a Public Hearing and discussion 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 approximately 195 acres in the I-10 area. A map of the proposed area to be annexed was attached, together with a list of property owners. Some owners of Ag- assessed tracts are expected to enter into Development Agreements. Several steps in the annexation process have been completed. A revised annexation timeline was also attached. This meeting is the second and final public hearing required as part of the annexation process. Mayor Baldwin opened the public hearing and recognized the following who spoke: • Mr. Bob Lindorfer, 12816 Lower Seguin Road who spoke on annexation issues, i.e., Fire House, and road improvements • Ms. Janice Lindorfer, 12816 Lower Seguin Road who spoke on city ordinances in effect for ETJ annexed areas, permits required. Mayor Baldwin closed the public hearing and announced that the first reading of the ordinance will be held on November 2, 2010 at 6:00 p.m. ADJOURNMENT As there was no further action, Mayor Baldwin adjou the meeting at 8:23 p.m. Mayor ATTEST: i ren a Dennis, TRMC, CMC City Secretary 10-5-10 Minutes Page - 4 -