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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. -342- 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 -343- ..-".-... 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 -344- 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 -345- 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. -346- 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: -347- 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 -348- 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 -349- 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. -350- ,....... 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 -351-