cccreg 07-16-1996
REGULAR SESSION OF THE CITY COUNCIL
JULY 16, 1996
The Schertz City Council convened in Regular Session on
Tuesday, July 16, 1996 at 7:00 p.m. in the Council
Chambers of the Municipal Complex, 1400 Schertz Parkway,
Schertz, Texas. The following members were present: Mayor
Hal Baldwin, presiding; Councilmembers Charles McDonald;
Joe Potempa; Earl Sawyer and Ken Greenwald. Absent:
Councilmember Timothy Swinney. Staff present were City
Manager Kerry Sweatt and City Secretary Norma Althouse.
Mayor Baldwin welcomed everyone and asked them to rise and
join him in the Pledge of Allegiance to the flag.
#1 APPROVAL OF MINUTES: Special Session 5-15-96
Regular Session 5~21-96
Mr. sawyer moved to approve
the Special Session 5-15-96
5-21-96. Mr. Greenwald seconded
with the following votes:
the minutes, as written, for
and the Regular Session
the motion, which carried
AYES: Councilmembers McDonald,
Greenwald.
Potempa, Sawyer
and
NAYS: None.
ABSTENTIONS: Councilmember McDonald for 5-15-96.
#2 HEARING OF RESIDENTS: Those citizens wishing to
speak on agenda items (other than public hearing items) or
items not on the agenda, will be heard at this time.
No one had signed up to speak.
#3 PUBLIC HEARING: To receive citizen comments on a
request from Cliff Johnson to rezone approximately 30
acres from Residential/Agriculture (R/A) to Mobile Home
Dwelling District (MH).
Mr. Sweatt advised nine (9) notices were sent to property
owners within the required 200' distance with none being
returned in favor and five (5) being returned in
opposition. Copies of the letters in oppOSition are
distributed at Council's places. The area, which was
pointed out on the map, is a 30 acre tract of land located
on the west side of FM 1518. Mr. Johnson is present this
evening to make his presentation and answer questions.
Mr. Johnson stated the development will be a manufactured
home subdivision community. He thinks the problem people
have, other than just not wanting a change of scenery in
that location, is that they conjure up images of a junky
mobile home park. That will not be the case. He has been
working very closely with Assistant City Manager, Steve
Simonson, to make sure this is a nice looking subdivision.
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It will have a homeowners
restrictions and covenants
enforced. Each site will be
association and
that go with
one-half acre.
all
that
the deed
will be
Mayor Baldwin asked why the size of one-half acre and Mr.
Johnson replied that is required due to the fact the
manufactured homes will be on septic systems.
Mr. Johnson went on to say there had been some questions
pertaining to water and roads and those issues have been
addressed.
Mayor Baldwin, noting this is a long narrow tract,
questioned if there will be just one road down the center.
Mr. Johnson replied there will be easements to the north
and to the south as well as a paved road through the
middle.
Mr. McDonald asked if the easements will be paved and Mr.
Johnson answered just the road in the middle will be paved,
not the easements to the north and south. Those easements
will have crushed limestone to allow accessibility by
emergency vehicles.
Mr. Potempa asked Mr. Johnson when he plans to start
developing and Mr. Johnson replied if he gets the rezoning
approval, then he plans to start real soon. A friend of
his on Loop 410 is having a big sale on manufactured homes
and would also like to promote a property. There's a
shortage of property that will host manufactured homes and
he's hoping to work hand in hand with his friend.
Mr. McDonald asked how many manufactured homes this
subdivision will accommodate and Mr Johnson indicated he
cannot give a specific number because the property hasn't
been staked off yet. Obviously he will lose some ground to
the roads.
Mr. McDonald then asked if all the tracts will be
developed at the same time. Mr. Johnson replied that has
been discussed and the City will allow him to develop it in
phases, so that's what he intends to do. He will probably
develop fifteen acres first and then the remaining fifteen
acres later.
Mr. McDonald questioned how the manufactured homes will be
secured to the ground. Mr. Johnson answered each home
will have its own individual slab. That will come about
after the person decides which size home they want to put
there. Mr. McDonald said he understands they put some
kind of iron into the slab and when the manufactured home
is parked, the iron is welded to the frame underneath.
Mr. McDonald referred to one of the letters received which
asks why the land is being developed if it's for sale. Mr.
Johnson replied he had considered selling the land, but its
not for sale at the present time - he just hasn't taken
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..-".-...
down the sign.
Mrs. Puckett, representing the A.J. Ploch Oil Company,
spoke at this time. They own 37 acres south of this
proposed development, but within the 200 feet. The
property has been sold, but they are carrying the note.
The land has been in her family for over 30 years and they
are real protective about it.
Mrs. Puckett further mentioned she would like to see the
area remain a good wholesome family-type district and she's
not sure the zoning being requested by Mr. Johnson is in
the best interest of the neighborhood. It definitely would
lower the property values. Conventional houses are
certainly more attractive than manufactured homes.
Mrs. Puckett then asked for an explanation of the
difference between a manufactured home park and a
manufactured home subdivision. Mr. McDonald defined a
manufactured home park as property owned by someone else
and you pay rent to put a manufactured home there. In a
manufactured home subdivision, the person who owns the
manufactured home also owns the land on which its located.
Mr. Potempa further explained a manufactured home park is
perceived more as a place where people can live for a
couple of months and then move on, but in a manufactured
home subdivision, the dwelling is a permanent home and
people take care of it just as if it were a $100,000 home.
Mrs. Puckett, referring to the regulations and
stipulations talked about previously for the manufactured
home subdivision, asked if there's a minimum cost or square
footage requirement. Mr. Johnson replied the majority of
the homes will be ultra modern 16' x 80' double wides.
They will all be required to be skirted and there is also a
requirement that all pets be fenced in.
Mayor Baldwin mentioned that today anyone can put a
manufactured home on a lot if it meets all the building
codes. Mr. Greenwald admitted that's correct and noted
since 1976 all manufactured homes have had to meet the same
standards as a stick house and in the case of Texas, also
the standards of the Southern Building Code.
Mrs. Puckett related her father owns a manufactured home
park and even though they have a service station and a park
manager nearby, they are constantly being hassled and still
have problems. That's just the nature of a manufactured
home park.
Mr. Potempa asked Mrs. Puckett if her father's property
is a manufactured home park where you rent out the spaces
and she replied yes it is. Mr. Potempa then explained
that's the difference. This will be a manufactured home
subdivision where the residents will be more permanent.
Mrs. Puckett admitted that may be true, but she would
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submit that a development like this will still need close
supervision. She is concerned because immediately across
the road Mr. Johnson has a For Sale sign in his yard. She
surmises from that he is not actually planning on staying
there.
Mayor Baldwin pointed out Mr. Johnson doesn't have to
there to develop the 30 acres and Mrs. Puckett said
understands that, she's just concerned.
live
she
Mr. Johnson commented he has no objection to staying
around and as a matter of fact, there is no place he would
rather be. He then referred to a gentleman who has a
manufactured home across the road from him. He doesn't
recall getting a notice from anyone asking him if it was
all right with him when the gentleman put in the
manufactured home. Also, the gentleman has a .car which
part of a roof has fallen on and the place looks a little
junky. Has anyone reported him? .
Mrs. Puckett remarked her concern is the number of
manufactured homes that will be going in and how the
maintenance of the subdivision can be controlled. Mayor
Baldwin assured her since this falls under the controls of
the City of Schertz, they won't get by with inferior
standards.
Mrs. Puckett then asked about ten years down the road.
What recourse do they have if the subdivision gets run
down? After discussion establishing the fact the streets
will be dedicated to the City, Mayor Baldwin told Mrs.
Puckett the City of Schertz will be responsible for the
streets and the utilities in the subdivision. Also, since
it is in the City of Schertz, all the ordinances will be
enforced.
Mrs. Puckett acknowledged Mr. Johnson is right about the
place where the roof has fallen on the car. It's an
abomination. She also mentioned a huge number of barrels
at a welding place down the road and wondered if anything
can be done about it. It was determined the welding place
is outside the Schertz City limits, but the property where
the roof has fallen in is inside the City limits and Mr.
Sweatt promised to have someone check into it.
Mr. Sayfi spoke next saying he is the new owner of the
truck stop and the land across the street. The truck stop
is not actually in the City limits, but is within 200 feet
of the property owned by Mr. Johnson. His question was
whether anyone is going to supervise the manufactured home
subdivision. Are there any regulations? What's to prevent
someone from bringing in a travel trailer and just leaving
it there?
Mr. McDonald explained, that from what he understood
Johnson to say, there will be protective covenants on
subdivision. The City doesn't enforce covenants, that
Mr.
the
is a
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civil matter.
the covenants.
The homeowners association has to enforce
Mr. Sayfi related he owns 72 acres and the value of his
property will go down. Mr. Johnson's house is for sale
for $600,000, but who will buy a house for $600,000 across
from a manufactured home subdivision.
Mr. Potempa pointed out there is
manufactured home is assessed and taxed
a conventional home.
no difference. A
on the same rate as
Mr. McDonald alluded to the value of the lots and the
price of manufactured homes being placed on those lots.
Mr. Sayfi then asked if the quality of a manufactured home
subdivision can be that good, why change the zoning. Why
not leave it zoned for residential dwellings? Mr.
Greenwald answered because they are reacting to Mr.
Johnson's request for a zoning change. Mr. Johnson
emphasized there is a distinct shortage of manufactured
home subdivisions for those people who choose that
lifestyle.
Mr. Potempa asked Mr. Sayfi if he had ever lived in a
manufactured home and Mr. Sayfi replied he had not, but
his concern is how to control it in the future. Mr.
potempa asked what he means by control. Does he think a
lower class of people will live there? It's not true. He
has lived in a manufactured home for 25 years and it's the
way to go. Mr. Potempa felt the connotation of who lives
in a manufactured home is the problem.
Mr. Sayfi still felt the zoning should be left as is. How
many people are going to want to build a $200,000 home next
to a manufactured home subdivision? Mayor Baldwin observed
probably the same person who won't want to build a $200,000
home next to a manufactured home subdivision won't want to
build a $200,000 home next to a truck stop. Mr. Sayfi is
wanting the 30 acres to develop with $100,000 homes, but
the truck stop is only a stone's throwaway. People who
build expensive houses are looking for something different
than what is offered in the area out there.
Mr. Johnson remarked he keeps hearing the deteriorating
factor. He learned the hard way about a homeowners
association. When he was on one of his long road trips,
his yard got out of shape and a neighbor took care of it.
However, when he was on another longer road trip, he got a
note from the association that said if he didn't make
arrangements to have his yard taken care of when he was
gone, the association would have it taken care of and he
would be assessed. There will be a homeowners association
in this manufactured home subdivision and if someone is not
taking care of their property, the association will see
that the situation is corrected.
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Mayor Baldwin asked Mr. Potempa how long ago a new
manufactured home had moved into his community and Mr.
Potempa replied approximately 15 years ago. Mayor
Baldwin's point was that the subdivision where Mr. Potempa
lives, up off IH-35, is a nice community and the homes have
been well maintained.
Mrs. Puckett expressed the hope she and Mr. Sayfi had not
offended Mr. Potempa. People may want to move into his
area, but there are some concerns about the area Mr.
Johnson is proposing to develop and if it will encourage
the building of nice homes. Mr. McDonald felt the
restrictions will mandate quality homes.
Mr. Potempa told Mrs. Puckett he feels she still thinks
in the mindset of the old trailer park image. However, no
matter where a person lives, it is ultimately up,to them to
take pride in their property.
Mr. Sayfi
at Mr.
community
house will
suggested putting a
Johnson's house
is building next
sell after that.
message on the For Sale
saying a manufactured
door and seeing how fast
sign
home
the
Mr. Sawyer asked if Council is planning on putting the
same restrictions on Mr. Johnson that Planning and Zoning
recommended. Those are that platting be submitted within
six months from the date of the adoption of the rezoning
ordinance and that construction be started within a year of
such rezoning. Upon being asked by Mr. Sawyer, Mr.
Johnson stated he is aware of the restrictions and hopes to
get started a lot sooner than that. Mr. Sawyer felt these
restrictions cannot be incorporated into the rezoning
ordinance.
Mr. Sweatt explained what this would do, if it is part of
Council's motion to adopt the ordinance and these
recommendations, is hold Planning and Zoning and staff
responsible for reviewing this at the end of the six
months. What has happened in the past regarding such
stipulations is that Planning and Zoning, of it's own
volition, can recommend if nothing has occurred, that the
zoning be reverted back to the original classification.
There being no further questions or comments, Mayor Baldwin
closed the public hearing.
#4 ORDINANCE: Consider and take action on first
reading of ordinance rezoning approximately 30 acres from
R/A to MH.
Mayor Baldwin introduced an ordinance and read the caption
as follows:
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AN ORDINANCE
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS, AMENDING THE ZONING ORDINANCE NO. 87-5-1
BY REZONING APPROXIMATELY 30 ACRES OF LAND OUT OF
BEXAR COUNTY AND REFLECTING SUCH CHANGES ON
CERTAIN ZONING MAPS IN ACCORDANCE WITH THE
SCHERTZ ZONING ORDINANCE.
Mr. Greenwald moved to approve the first reading of an
ordinance rezoning approximately 30 acres of land from R/A
to MH and include in the motion the recommendations from
Planning and Zoning that the platting be submitted within
six months from the date of the adoption of the rezoning
ordinance and that construction be started within a year of
such rezoning. Mr. Potempa seconded the motion, which
carried with the following votes:
AYES: Councilmembers McDonald,
Greenwald.
Potempa, Sawyer
and
NAYS: None.
ORDINANCE: Consider and take action on first reading
of ordinance establishing traffic control measures in
Greenshire Unit 4.
Mayor Baldwin introduced an ordinance and read the caption
as follows:
AN ORDINANCE
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS, PROVIDING THAT THE CODE OF ORDINANCES,
CITY OF SCHERTZ, TEXAS, BE AMENDED BY REVISING
SECTION 18-32, STOP INTERSECTIONS, SECTION 18-35,
YIELD INTERSECTIONS, AND SECTION 18-48, TWO-WAY
STOP INTERSECTIONS; AND PROVIDING A REPEALING
CLAUSE.
Mr. Greenwald moved to approve the first reading of an
ordinance establishing traffic control measures in
Greenshire Unit 4. Mr. sawyer seconded the motion, which
carried with the following votes:
AYES: Councilmembers McDonald,
Greenwald.
Potempa, Sawyer
and
NAYS: None.
#6 CITY MANAGER'S REPORT: A. Announced a request
has been received from AACOG to adopt a resolution
endorsing their application for a grant for a water
planning study. Due to confusion, the notice was received
late and they need it approved by early August. Not being
able to get it on this agenda, Mr. Sweatt asked Council's
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permission to put it on the agenda of the July 31st
workshop session as an action item.
Mr. sawyer inquired what the resolution says and Mr.
Sweatt replied it basically says the City of Schertz has no
objection to AACOG's application for a Texas Water
Development Board grant to do some master development water
planning for this area. Mayor Baldwin commented he's glad
someone is going to do some master water planning. Mr.
Sawyer noted his tendency to keep an eye on AACOG. Mr.
Sweatt indicated someone will attend the meeting next week
to explain the details. The consensus of Council was to
have this item placed on next week's workshop agenda for
action. Mr. Greenwald wondered who's asking for AACOG to
study water in this area.
B. Asked for volunteers to spend Thursday, August 8th
the Macedonian mayors on the San Antonio River barge
various other activities. Councilmembers Sawyer
McDonald volunteered.
with
and
and
C. Declared the Charter Review Committee will hold a
public hearing on Monday, July 22nd to solicit public
input. The public hearing is scheduled for 7:00 p.m. They
are holding meetings periodically, but this is the only
time they will hold a public hearing.
D. Mentioned he needs the number of band members who will
be attending the reception on August 3rd for the Macedonian
mayors at the San Antonio airport. Airport security needs
the number. Mayor Baldwin promised to get the information
for Mr. Sweatt.
E. Reported the new
a couple of weeks.
put a PHD behind his
Police Chief has been on board now for
He jokingly told the Chief they would
name - piled higher and deeper.
the
shoe
#7 ITEMS BY COUNCIL: Mr. McDonald: A. Complimented
City Manager for getting the grass mowed around the
shop.
B. Complained about the weeds along the railroad tracks.
Mr. Sweatt commented, along that line, he has an estimated
cost from the Public Works Department to mow the weeds
along the railroad tracks. That estimate for 8500 linear
feet by 100 feet wide of mowing is $1594.24 per mowing.
There was a brief discussion about the mowing, taking into
consideration such things as the number of times it would
need mowed, the wear and tear on the equipment and the
manpower and hours needed to do the job.
~r. Potemoa: Reported he has a new nine pound grandson
born last Sunday. Council congratulated Mr. Potempa.
Mr. Sawyer: A. Asked why Mrs. Kramer's
picked up. Mrs. Kramer lives back in
Schertz Parkway and has been a resident
trash can't
the field
of Schertz
be
off
for
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over 35 years. Her water bill shows she does not pay for
trash pick up. Mr. Sweatt said he would check into it,
but speculated the problem may be access because Alamo
Waste can't go down a private road to pick up trash. She
may have to bring it out to the curb. Mr. Sawyer felt she
would be unable to do that since she is quite elderly.
B. Questioned why Schertz does not have a Senior citizen's
Center. There's one in Converse and one in Kirby. Does Al
Notzen from AACOG control the money that goes into those
centers?
Mayor Baldwin related that the one in Converse was not
built by AACOG it was built by a lot of dedicated,
hard-working people who raised money. Mr. Sawyer
remembered that, but thought there was also a large sum of
money for it that came from a government agency.,
Mayor Baldwin mentioned some of the problems they had with
transportation for the Hot Meals program until they were
successful in getting Austin uninvolved with the
transportation. He admitted he would like to see a senior
citizen center in Schertz.
Mr. McDonald mentioned that Wal-Mart helped raise funds
for the senior citizen center in Kirby and thought possibly
Kirby had also gotten a grant. Maybe a grant is something
Schertz could look into.
C. Noted there were garage sale signs in front of the
dentist's office again. Mr. Potempa interjected there
were also garage sale signs in front of the shoe shop. Mr.
Sawyer stressed the City should either enforce the
ordinance controlling signs or cancel it.
Mr. Greenwald~ A. Reported that Mike Biggs' team won the
San Antonio Regional All Star Tournament and if they play
this next weekend, they will be going to McAllen.
Donations are welcome. It's going to cost them about $400
per day.
B. Inquired if reservations are needed to attend the
meeting on water resources and if there's a charge. Mr.
Sweatt answered he needs to check into it and will let Mr.
Greenwald know.
Mr. Sweatt had some comments to add that he had not
touched on earlier. He and Police Chief Smith are quite
concerned about the number of accidents they're
experiencing out on IH-35, especially on Sunday afternoons.
Their plan is to be more visible on Sundays and establish a
presence. Mr. McDonald indicated he would like to see
them expand on more days than Sunday and Mr. Potempa
agreed. Mayor Baldwin thought the DPS should be patrolling
IH-35 and not the City. Mr. Sweatt said he and Chief
Smith plan to meet with the DPS Captain and work out some
arrangements.
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,.......
Mr. Potempa asked if Mr. Sweatt had ever requested the
State change the Yield Sign on the IH-35 access road to a
Stop Sign. Mr. Sweatt replied TXDoT said they would study
the situation.
#8 ITEMS BY MAYOR: There were none.
#9 ADJOURNMENT: On a motion by Mr. Potempa, seconded
by Mr. Greenwald and unanimously approved, the meeting was
adjourned at 8:23 p.m.
c
~~
Mayor, City'of Schertz, Texas
ATTEST:
~ ~'~d I
City Secretary, City of Schertz
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