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ccreg 07-05-1983 78 REGULAR MEETING OF THE CITY COUNCIL JULY 5, 1983 The Schertz City Council convened in Regular Session, Tuesday, July 5, 1983 at 7:00 P.M. in the Council Chambers of the Municipal Complex, 1400 Live Oak Road with the following members present: Mayor Earl W. Sawyer, presiding; Councilmembers Ross Hoover; Adolph Aguilar and Jacqueline Lawler. Absent: Hal Baldwin and Charles B. Sharpe. Staff present were City Mana- ger Jimmy G. Gilmore and City Secretary June G. Krause. PUBLIC HEARING: Mayor Sawyer opened the public hearing and explained the purpose was to receive evidence or testimony with respect to whether the area within the present boundaries of the City of Schertz, Texas, should be declared to be eligible blighted area. Mr. Richard Harris, City attorney, briefly explained the purpose of the action the city has been asked to take. The City properly created an Industrial Development Corporation, which is a non-profit organization, to act in behalf of the city in the promoting of industrial bonds; to encourage industries to develop using low interest industrial bonds. Originally the Legislature limited the bonds to industry; however in order for commer- cial or business to obtain the low interest bonds, the City has to desig- nate an area as an eligible blighted area. The City considers the factors that have had an impact on virtually the entire city. This is the reason the City has asked for the entire city to be eligible, it will permit the financing of commercial projects in the entire city! with low interest industrial bonds. There were no citizens wishing to comment on this subject. Mayor Sawyer declared the public hearing closed at 7:08 P.M. BOARD OF ADJUSTMENT: The Mayor called the Board of Adjustment to order at 7:08 P.M., explaining that the City Council by Charter sits as the Board of Adjustment. At this time they are to consider the request of Mrs. Hopkins for a variance to place two mobile homes on Lot 8, Block 1, Freeway Manor. He went on to say that the Council will remember that Mrs. Hopkins had appeared before Council before and was informed of the proper procedures of going to the Planning and Zoning Commission and ask for a variance. The Planning and Zoning Commission would in turn send their recommendation to the Board of Adjust- ment. This has all been done at this time. Mr. Gilmore explained that the Freeway Manor subdivision was platted in 1958 even before the city incorporated. Several people that own lots there have wanted to get water from the City of Schertz but the lot sizes do not meet our subdivision ordinance requirements and they will not be able to develop until they get water. However, this particular lot already has water and a septic tank. Mrs. Lawler moved to accept the recommendation of the Planning & Zoning Commission and deny the request for a variance for Lot 8, Block 1, Freeway Manor Subdivision. Mr. Ross Hoover seconded the motion. Mrs. Hopkins attorney arrived at this time and asked several questions of Council, including changing her request to put in a mobile home park. :h. -' .l~. 'I f 'r ._~., --< n ~ o I i ,) o 7g r, I ' i . Mayor Sawyer told him that Mrs. Hopkins request was for a variance and that if she desired to change it to put in a mobile home park, she would have to go back to P&Z, this hearing was to consider her request for a variance on ly. There being no further discussion, Mayor Sawyer called for a vote on the motion before Council. The motion passed with the following vote: AYES: Councilmembers Ross Hoover, Adolph Aguilar and Jacqueline Lawler NAYS: None The Mayor then declared the Board of Adjustment hearing closed at 7:25 P.M. #1 APPROVAL OF MINUTES: Mrs. Lawler moved to approve the minutes of the regular meeting of June 21 and the workshop meeting of June 29, 1983. Mr. Aguilar seconded the motion, which carried as follows: AYES: Councilmembers Hoover, Aguilar and Lawler NAYS: None (' I . #2 HEARING OF RESIDENTS: Mr. Henry Smierciak of 520 Marilyn Drive, explained he had come before Council to ask for some money for the six kids from the area, members of the Schertz- Cibolo-Universal City Striders, to go tb the AAU/USA Region 9 Junior Olympic Championship Meet in New Orleans and perhaps on to the Nationals. They feel they will need up to $1,000 and the only ones who have donated money this year are the Schertz Bank and Trust. One parent will drive and take the four kids but they will need room and board money also. As no decision could be made at this time, this item was asked to be placed on the next workshop agenda. Mayor Sawyer asked to pass item No. 3 at this time and go directly to item #4 in order for the City Attorney to meet with the Industrial Develop- ment Corporation. #4 RESOLUTION: The Mayor introduced a resolution and read the caption as follows: RESOLUTION NO. 83-R-10 A RESOLUTION BY THE GOVERNING CODY OF THE CITY OF SCHERTZ, TEXAS, DESIGNATING ELIGIBLE BLIGHTED AREAS UNDER THE DEVELOPMENT CORPOR- ATION ACT OF 1979, AS AMENDED, AND THE RULES OR REGULATIONS ADOPTED BY THE TEXAS INDUSTRIAL COMMISSION: MAKING CERTAIN FIND- INGS IN CONNECTION THEREWITH; AND PROVIDING AN EFFECTIVE DATE. (' l Mr. Aguilar moved to favorably apprmve the resolution designating the eligible blighted area of Schertz. Mrs. Lawler seconded the motion which carried as follows: AYES: Councilmembers Hoover, Aguilar and Lawler NAYS: None 80 #3 CITIZEN COMPLAINT: Mr. Harvey Balcer explained his complaint had to do with the City allowing a privacy fence to be erected over the set-back line. He said that in 1971 when 011 Parkland Village was subdivided, the plans called to set the house back a certain distance from the front in order to give the people living there an open area. In 1976 one of the previous owners of 1409 Chestnut elected to have a chain link fence in exactly the area the privacy fence is now in. At that time the City Inspector said they could not put the fence over the setback line. He said to other owners had applied for but were denied permits for the same thing. Then this man put in the fence without a permit. The fence destroys the intended looks of the neighborhood. He said he was appealing to the Council to have the gentleman bring the fence fack to the setback line. Mr. Gilmore said the setback line has nothing to do with fences. If you use the setback line for fences, then just about every fence in town would have to come down. He read from the ordinance where it states that fences are excluded from the setback line. Council discussed with Mr. Balcer the pros and cons of the placement of the fence; and said that since it is in compliance with the ordinance, the only alternative is for the complaint to go back to P&Z and for them to study the ordinance and determine if there should be a change in this respect. #4-A RESOLUTION: Mayor Sawyer introduced and read the caption on the resolution as follows: RESOLUTION NO. 83-R-ll A RESOLUTION APPROVING AGREEMENT BY SCHERTZ INDUSTRIAL DEVELOP- MENT CORPORATION TO ISSUE BONDS FOR HOFFMAN-SCHERTZ, INC. r-" i I l_J. Mr. Harris explained that after the Council passed the resolution declar- ing the Eligible Blighted Area, then the Industrial Development Corporation met to consider the application for this project. Mr. Joe Hoffman said that he had met with the P&Z a couple of times and presented to them the Hoffman-Schertz Industrial Park plans on FM 1518. Their plans are to put in metal buildings for a combination of light industry, commercial and offices~ from 5,000 sq. ft. to 10,000 sq. ft. They will then lease the spaces. Mrs. Lawler moved to accept the resolution approving the agreement by the Schertz Industrial Development Corporation to issue bonds for Hoffman- Schertz, Inc. Mr. Hoover seconded the motion, which carried as follows: AYES: Councilmembers Hoover, Aguilar and Lawler NAYS: None #5 EXECUTIVE SESSION: None needed. #5 CITY MANAGER'S REPORT: A. Judge Sagebiel will be at our Munici- office July 13th from 1:00 P.M. on for his monthly visit with the citizens in this end of the county. B. With reference for the request for money for the Striders, the City cannot now make donations to private organizations. He asked the City Attorney if there was a different route the City could take for a donation. (~ U ~....:;j;: ';;;,~ ~.~ _:..,.#t,I,' r (, l r" . ' ~l Mr. Harris said the courts have not really enforced this.. #7 ITEMS BY COUNCIL: Mr. Aguilar said he thought we should all thank the Business Club for the enjoyable 4th of July Jubilee. They really did a good job. Mrs. Lawler reminded Council that the 6th is Mrs. Wuest's 100th birthday with an open-house birthday party for her at the Community Center starting at 10:00 A.M. Then on Thursday the Council will be taking her and her daughter to dinner at Country Corner at 6:00 P.M. #8 ITEMS BY MAYOR: Mr. Sawyer said he had asked the City Manager the status of the turn signal at FM 78 under the bridge. The Traffic Safety Council has taken this project on and our Chief of Police will keep an eye on it to see if we can get it changed back since we are the ones that caused it to be changed tothelway it is now. #9 ADJOURNMENT: Mrs. Lawler moved the meeting be adjourned at 8:28-P.M. Mr. Hoover seconded the motion which was unanimously carried. ATTEST: