ccreg 07-05-1983
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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.
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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
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#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.
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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
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#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.
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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.
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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: