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ccreg 12-06-1983 157 REGULAR MEETING OF THE CITY COUNCIL DECEMBER 6~ 1983 r \ The Schertz City Council convened in Regular Session, Tuesday, December 6~ 1983, at 7:00 P.M. in the Council Chambers, 1400 Live Oak Road with the following members present: Mayor Earl W. Sawyer, presiding; Charles B. Sharpe; Hal Baldwin; Ross Hoover; Adolph Aguilar and Ken Greenwald. Staff present were City Manager Jimmy G. Gilmore and City Secretary June G. Krause. PUBLIC HEARING: Mayor Sawyer opened the Public Hearing and explained the purpose was to obtain the veiws of the public concerning the proposed annexation of 10.5 acres of land out of Guadalupe County. Although there were several citizens present none wished to speak either for or against the proposed annexation. Therefore, Mayor Sawyer declared the public hearing closed at 7:01 P.M. #1 APPROVAL OF MINUTES: Mr. Baldwin moved to approve the minutes of the Workshop Meeting of November 9, 1983 and the Regular Session of November 15, 1983. Mr. Gre,enwald seconded the motion which carried with the following vote: AYES: Councilmen Sharpe, Baldwin, Hoover, Aguilar and Greenwald NAYS: None #2 HEARING OF RESIDENTS: None f I \ I I I \ #3 VARIANCE REQUEST: Mayor Sawyer said that he had been requested to ask the Council to table this item. r- ) , Mr. Sharpe moved to table the request by Mr. Young for a variance to the flood plain ordinance. Mr. Baldwin seconded the motion, which carried as follows: AYES: Councilmen Sharpe, Baldwin, Hoover, Aguilar and Greenwald NAYS: None #4 WATER SERVICE REQUESTS: Mayor Sawyer said that two requests for water service outside the city limits were received and had been discussed at the last workshop. Mr. Gilmore explained that the request for service are for mobile homes on FM 1518 north. The City ran a water line down FM 1518 with the thought that we would recoup some of the expense when people requested to tie into the line. These are the first two requests. In answer to Mr. Sharpe's question, Mr. Gilmore said these mobile homes are above the 100 year flood plain according to the County, who have accepted septic tank applications for approval. Mr. Aguilar asked what would be the city's position if these two people asked for annexation. Mr. Gilmore said, of course, the City could deny the request; but it would create a dilemma. Mr. Baldwin said he was concerned that the City does not annex that area so that we can control it. He said he knew that the Council did not want 158 more problems; but we have no control this way. The Mayor suggested we should get on the County for more control. Mr. Gilmore said he would look into it and see what trouble we would get into as far as flood plain management is concerned. Mr. Gilmore asked the City Attorney if we annex property ~ that has buildings on it within the flood plain, would the City be liable. ( I Mr. Harris said no, not based on annexation - you would be safe to annex ~' without liability. Mr. Baldwin said he thought that in accordance with the City's water line extention policy, when a property owner tied onto the line, he was required to pay for the full length of his property and Mr. Lund has more frontage than 100 feet. Mr. Gilmore said it would cost Mr. Lund over $9,000 for his entire part; so he has requested to tie on just the part that he would be using for his mobile home. The decision is up to the Council. Mr. Sharpe said he did not have any objection about giving him water but was concerned about the flood plain management question. He said we may need to look at the extension policy to be sure that it is fair. Mr. Baldwin seemed to think that just asking for the 100 foot seems unfair. Mr. Sharpe moved to approve water service to both John O.Lund and Emmit Williams on FM 1518. Mr. Greenwald seconded the motion. Discussion followed which included the location of Mr. Williams property (on the same side of FM 1518 and next to Mr. Lund) Mr. Williams only has 100 foot of frontage and each pays to run the line to connect to his own property. Mr. Baldwin said he would like to consider each of these requests separately.. Mr. Greenwald withdrew his second and Mr. Sharpe withdrew his motion at this point. Mr. Sharpe then moved to extend water service to Mr. J.O. Lune on FM 1518 outside the city limits. Mr. Greenwald seconded the motion, which carried with the following vote: AYES: Mr. Sharpe, Mr. Hoover and Mr. Greenwald NAYS: Mr. Baldwin and Mr. Aguilar Mr. Sharpe then moved to extend water service to Mr. Emmit Williams on FM 1518 outside the city limits. Mr. Aguilar seconded the motion, which carried with the following vote: AYES: Councilmen Sharpe, Baldwin, Hoover, Aguilar and Greenwald NAYS: None #5 P&Z APPOINTMENT: Mayor Sawyer pointed out that Council has a recommendation from the P&Z for Mr. Tom Yarling to be appointed. . [J o 159 I Mr. Baldwin moved to appoint Mr. Tom Yarlin9 to the Planning and Zoning Commission. Mr. Aguilar seconded the motion, which carried with the follow- ing vote: AYES: Councilmen Sharpe, Baldwin, Hoover, Aguilar and Greenwald NAYS: None #6 ORDINANCE: Mayor Sawyer suggested this ordinance be handled as an emergency measure so that we can get it in force as soon as possible and the City Public Service Board is waiting for the signed agreement. He then read the caption of the ordinance as follows: ORDINANCE NO. 83-F-16 AN ORDINANCE GRANTING A FRANCHISE TO THE CITY OF SAN ANTONIO FOR THE DISTRIBUTION OF ELECTRICITY AND PROVIDING FOR THE PAYMENT OF A RENTAL FOR THE USE OF THE STREETS, ALLEYS AND PUBLIC WAYS. r I I , Mr. Sharpe moved to approve the ordinance and that it be passed on the first reading as an emergency measure. Mr. Baldwin seconded the motion. , 'k 'ii Iii \"j i\ Mr. Baldwin asked if the City had ever had a franchise with San Antonio before, and wasllltocld we did not. He then asked why. Mayor Sawyer said we had tried to get one before but they felt there were not enough customers in the area they covered to make it worth while. After this was discussed at the last workshop meeting, Mr. Gilmore went into action and this is the results. The Mayor then called for a vote on the motion and the motion carried with the following vote~ AYES: Councilmen Sharpe, Baldwin, Hoover, Aguilar and Greenwald NAYS: None #6-A ORDINANCE: Mayor Sawyer introduced and read the caption on the ordinance as follows: ORDINANCE NO. 83-S-l7 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, AMENDING THE ZONING ORDINANCE NO. 79-S-l5, OF THE CITY OF SCHERTZ, TEXAS, BY REZONING A 178.63 ACRE TRACT OUT OF A A-153 T. HERRERA SURVEY AND 17.9 ACRE TRACT OUT OF A-299 JOHN SALADIN SURVEY IN GUADALUPE COUNTY TO PLANNED UNIT DEVELOPMENT; AND REFLECTING SUCH CHANGE ON CERTAIN ZONING MAPS IN ACCORDANCE WITH THE SCHERTZ ZONING ORDINANCE. r Mr. Aguilar moved to approve final consideration of this ordinance with the limitations as noted in prelimanary approval. Mr. Greenwald seconded the motion which carried with the following vote: AYES: Councilmen Sharpe, Baldwin, Hoover, Aguilar and Greenwald NAYS: None 160 #7 EXECUTIVE SESSION: None was needed #8 CITY MANAGER'S REPORT: A. Mr. Gilmore passed out copies of his Annual Report, saying he felt it was, I'l a good report for the city. He said he did believe that the City is in its' "Hey Day" of growth. The opportuni ty is there and he bel i eves that the U City is heading in the right direction. B. The auditor is about 4/5 through with our audit and we should be getting it soon. #9 ITEMS BY COUNCIL: Mr. Sharpe had two reminders for Council. (1) the Schertz Business Club party on the lOth at 7:30 at Buffalo Country and (2) The Chamber of Commerce part at the Officers Club on the 11th of December at 7:00 P.M. Mr. Baldwin asked what was being done with the top soil that is being cleaned from the drainage ditch. Mr. Gilmore said he really did not know at present. Mr. Baldwin suggested that since it has to be loaded anyhow, why couldn't we just deliver it to people's homes and sell it. Mr. Gilmore was to look into it. Mr. Aguilar said he thought the Library Dedication last Saturday was an outstanding success, even the weather cooperated. Mr. Harris advised that their much belated Open House for the new quarters is planned for December 14th and everyone is invited. The invitations are in the mail now. He said he hoped everyone would be able to attend. Mr. Gilmore said that'is a normal workshop meeting night but unless the Council had something rnmportant to discuss of an emergency nature, the meeting would be canceled. o #10 ITEMS BY MAYOR: Mr. Sawyer said the only thing he had was to request putting on the next workshop agenda consideration of annexation on FM1518. I: II He also agreed that anyone that missed the Library Dedication, really missed a very nice affair. mous1y. #11 ADJOURNMENT: Mr. Baldwin moved the meeting be adjourned at 7:33 P.M. Mr. Hoover seconded the motion, which carried unani- ATTEST: xas o . ~".,!;:~ ,d.:.