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ccreg 10-03-1989 5 'It ,.,.. ~ j;.V REGULAR MEETING OF THE CITY COUNCIL OCTOBER 3, 1989 The Schertz City Council convened in Regular Session, Tuesday, October 3, 1989, at 7:00 p.m. in the Council Chambers of the Municipal Complex, 1400 Schertz Parkway, Schertz, Texas. The following members were present: Mayor Earl W. Sawyer, presidingi Earl Hartzog; Hal Baldwini Barbara Stanhopei Mary Marsh and Ken Greenwald. Staff present were City Manager Kerry Sweatt, City Secretary June Krause and City Attorney Michael Spain. #1 BOA HEARING: Mayor Sawyer announced that the Council, sitting as the Board of Adjustment, would receive citizen comments on the request by Steven L. Lance, Manager-Park Operations, Windy Meadow Mobile Horne Park. Mr. Lance is requesting a variance to the Mobile Home Ordinance to allow for a recreational vehicle to be located at 409 Meadow View Drive. Mr. Carl Powers 309 Lori Lynn Drive - said he was against allowing Mr. Lance to place a RV in the park. He said he felt the Mobile Home Park had hurt the neighborhood and the RV certainly would not help it. Mr. Lance said the purpose of the RV being located in the park is that it belongs to Mr. Cook, their maintenance contractor for the park. As Manager, he said he had the integrity of the park to upholdi but felt warranted to ask for this exception to the rule because of the minimum response time for maintenance problems and service problems in the park. He requested this be approved and brought pictures of the RV, which shows it is skirted, has decks and is enhanced by flowers and shrubs so they would not have problems with their other residents. No resident has complained. Answering questions of Council, he said this lot is located down near the clubhouse in the back section and adjacent to the fenced and secured area for their maintenance supplies. Mr. Powers said that Mr. Lance had mentioned skirting and there are several mobile homes in the park that are not skirted. Mr. Lance said they are working with the residents to see that they do comply j but since it is an out of pocket expense, they are tolerant. He said they usually give the residents 60 days to comply. Mrs. Stanhope asked, since they went to so much work to make this blend in, why did they not just move in a mobile home. Mr. Lance said that since Mr. Cook already owned the RV and was living in it for 18 months prior to this, he felt this would be the proper route. Mrs. Worth of 213 Lori Lynn wanted to know where the RVs were going to be. She was told that the request was for one RV only and they had no intention of asking for any further RVs. Mrs. Worth then asked why they did not put up a fence between the park and the back yards of Lori Lynn. She said they were troubled constantly by children from the park and animals as well. 20 Ruby Hanson, 2013 Gusty Point, said they do have a place for the kids to play. She said she was all for Mr. Cook I s RV because anytime they have any problems, Mr. Cook is right there to help. The Assistant City Manager of the Park explained what a nice place Mr. Cook has made of his RV. She said they also have trouble with children from Lori Lynn. She said they have not had one complaint from anyone about the residents of their park. Mrs. Tenburg of 417 Lori Lynn said she agreed with the lady about the kids and broken glass in the alley. Mr. John Wise of 436 Spring Meadow Lane said the issue is the RV, not the fence or kids. He said there is only one RV and it cannot be seen from Lori Lynn. Mr. Henson said he lives in the Park and if they were talking about more than one RV, he would be against it. However, as far as this one, it is clean and neat and very attractive. Mayor Sawyer said it seemed some of the misconception about the publ ic hearing. It is RVs but just for onei and if this is granted, it one RV. citizens had a not for several will just be for Mr. Wilhelm of 313 Lori Lynn said that as he understood the rule, there are not suppose to be any RVs in the parki and this man is requesting a variance for one employee for an RV that should not be there in the first place. Terry Roberts of 2025 Gusty Point said she had problems with her porch and Mr. Cook was there immediately to help and is always coming by to see if everything is okay. She felt it should be allowed for his RV to stay in the park. Mr. Cook, 407 Meadow View said he owns the RV in question because it serves this job as his home. He said yes, he could buy one of the $200,000 homes in Schertzi but did not see why he should when this RV serves his purpose at this time. He said they have a 16 year old girl who would I ike to finish school local I y. He said he had been driving about 70 miles back and forth a daYi but when they offered for him to move into the park, he fel tit would serve the park much better - especially in the winter when you have frozen pipes and a lot of trouble. He said he spent a lot of his own money putting the skirting around the RV to make it presentable and blend in. He praised Windy Meadow Mobile Home Park as being very nice and a place where you would be proud to live. Mr. Hartzog asked if the RV was tied into the water and sewer system and was told it was. He then asked about skirting and was told it was all skirted except the very back portion. Mr. Hartzog then said that back in 1985, the original owner of this ------~ ')11 d..".,J .,$1 park presented the plan with a privacy fence; but it was dropped through the various owners. He then asked if it was possible if the new owners would put in the privacy fence. He said he did not see anything wrong with the RV as pictured. Mr. Lance said there is a tree line between the Mobile Horne and Lor i Lynn. He said he did bel ieve that good fences make good neighbors. He said the City requested they go in and trim out the tree line and that left more exposed than he would have liked. This was done to clean the easement for utility vehicles. Some of the trees are still in place and should be encouraged to grow j but there are some areas that are open to the neighbors. He said to address another area - the reason General Electric bought the Mobile Horne Park is because of the large number of repossessions in the State of Texas. He said he comes down two days a week to interview applicants who wish to purchase their mobile homes. They have 20 homes that are for sale. They have leased 45 rental homes - these are skirted and decked. Mrs. Marsh asked the size of the RV and was told it is 35 foot long. She then asked if Mr. Lance knew there was an ordinance prohibiting RVs when he let this one be brought in. Mr. Lance said he did not know, it was an oversight on his part. He found out when the utilities were being connected. Mr. Sweatt then advised that the record reflects that Planning & Zoning reviewed the request and then denied the request. Notice of the Board of Adjustment Hearing was published on September 13 and 31 letters were mailed to residents within 300 feet of this lot. One phone call was received in favor of the request and one letter received against the request. Mr. Baldwin asked if any of the letters went to residents on Lori Lynn. Mr. Sweatt advised that only those within 300 feet of the address of the RV received letters - none on Lori Lynn. Mrs. Marsh said from what she has heard from the residents of Lori Lynn was only complaints about animals, glass, children and trash but have not heard any complaints about the RV and that is the issue at this hearing. Mr. Sawyer said that is right only the issue of the RV is at issue during this hearing. Mr. Baldwin said if the BOA grants the variance, is it like any other variance in that if the RV is moved, then that ends the var iance. In other words, it does not become a permanent variance. Mr. Greenwald said that can be part of the motion. Mr. Baldwin said in looking at the picture, it is an attractive home and probablY looks better than some of the mobile homes - the ones that have not been skirted. It is located on the far 22 side away from the homes and it does not look like it would be offensive to anyone on Lori Lynn, who can't see it, just to know it is over there. There being no further discussion, Mayor Sawyer closed the Board of Adjustment Hearing. 12 Consider and take action, if any, on the above request. Mr. Baldwin moved to approve the variance for whatever length of time that Mr. Lewis Cook lives in this RV at 409 Meadow View and upon his departure from the company or from the park, the var iance is no longer in effect. Mr. Hartzog seconded the motion. Mr. Hartzog asked if Mr. Ackermann was notified. Mr. Sweatt said he did not live within the 300 feet. Mrs. Dixon said they have talked with Mr. Ackermann many times and this RV is much, much further than 300 feet. Mr. Hartzog said one additional comment is that he is hoping that in good faith and to mend some of the difficulties the park is having with the residents of Lori Lynn, that Mr. Lance would put up a privacy fence, if at all possible, to shield the park from the residences of Lori Lynn. Mr. Sawyer then called for a vote on the motion before the Board of Adjustment and the motion carried as follows: AYES: Mr. Hartzog, Mr. Baldwin, Mrs. Stanhope and Mrs. Marsh NAYS: Mr. Greenwald Mr. Sawyer advised Mr. Lance that his request for a variance had been approved. He told Mr. Lance that the Board would appreciate any consideration he could give toward putting in a privacy fence between the park and Lori Lynn back yards. 13 Adjourn Board of Adjustment. Mrs. Marsh moved the Board of Adjustment be adjourned at 7: 42 p. m. Mr. Hartzog seconded the motion, which carried with a unanimous vote. Mayor Sawyer called the Regular meeting to order at 7:48 p.m. # 1 APPROVAL OF MINUTES: A. B. Special Meeting of 8-31-89 Regular Meeting of 9-5-89 Mrs. Marsh asked that the last sentence of the second paragraph of #1 of the minutes of August 31 read as follows: "This is also predicated on the collection ratio of 94%." Also in these same minutes the fifth paragraph of item #2 should read: "Mrs. Marsh / / , c,> ( J said we have a new procedure, initiated by Mr. Sweatt, which is extraordinarily thorough, very well done and provides full accountability, department by department." Mr. Baldwin referred to these same minutes and asked that the word "the" be deleted before Chuck Sharpe in the first sentence of 1. under Public Hearing. Mrs. Stanhope corrected the spelling of Mrs. Marsh's name in the minutes of September 5, 1989 in two places. She also asked that in these same minutes under item #7 the second paragraph correctly read: "Mr. Sweatt said that is correct, that is one of the provisions in the contract." Also the second sentence under #10-2 be corrected to read: "They are trying to raise funds so a van can be purchased with a lift for the handicapped and elderly here in our area." Mr. Hartzog moved to approve the minutes of the Special Meeting of August 31st and the Regular Meeting of September 5th, 1989 as corrected. Mr. Baldwin seconded the motion, which carried with the following vote: AYES: Councilmembers Hartzog, Baldwin, Stanhope, Marsh and Greenwald. NAYS: None #2 HEARING OF RESIDENTS: None #3 ORDINANCE: Mayor Sawyer introduced an ordinance and read the caption as follows: ORDINANCE NO. 89-D-30 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, PROVIDING FOR THE REPEAL OF SECTION 12-6 (h) PROCESS SERVER'S FEE, OF THE CODE OF ORDINANCES AND DECLARING SAME TO BE NULL AND VOID AND OF NO EFFECT. Mrs. Marsh moved to approve the final reading of an ordinance repeal ing Section 12- 6 (h) of the Code of Ordinances. Mrs. Stanhope seconded the motion, which carried as follows: AYES: Councilmembers Hartzog, Baldwin, Stanhope, Marsh and Greenwald. NAYS: None #4 ORDINANCE: Mayor Sawyer introduced an ordinance and read the caption as follows: ORDINANCE NO. 89-L-31 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, REGULATING SEXUALLY "4 .... ., ORIENTED BUSINESSESi PROVIDING DEFINITIONSi CLASSIFICATION; LICENSE REQUIREMENTSi THE ISSUANCE, EXPIRATION, SUSPENSION, REVOCATION AND TRANSFER OF A LICENSEi FEESi INSPECTIONi APPEALi LOCATIONi ENFORCEMENTi INJUNCTIONi AMENDMENT OF THIS CHAPTER i AND PROVIDING A REPEALING CLAUSE, A SAVINGS CLAUSE, AND AN EFFECTIVE. DATE. Mr. Baldwin moved to approve the final reading of an ordinance regulating sexually oriented businesses. Mrs. Stanhope seconded the motion, which carried with the following vote: AYES: Councilmembers Hartzog, Baldwin, Stanhope, Marsh and Greenwald. NAYS: None #5 RESOLUTION: Mayor Sawyer introduced a resolution and read the caption as follows: RESOLUTION NO. 89-R-12 A RESOLUTION SUPPORTING SAN ANTONIO FOR THE LOCATION FOR THE 1990 ECONOMIC SUMMIT Mr. Hartzog moved to approve the Antonio for the 1990 Economic Summit. motion, which carried as follows: resolution supporting San Mr. Greenwald seconded the AYES: Councilmembers Hartzog, Baldwin, Stanhope, Marsh and Greenwald. NAYS: None #6 RESOLUTION: Mayor Sawyer introduced a resolution and read the caption as follows: A RESOLUTION IN SUPPORT OF PROPOSITION NO. 8 FOR FUNDING CONSTRUCTION OF NEW CORRECTIONAL FACILITIES. Mr. Sweatt said the 71st Legislature enacted Senate Joint Resol ution 24 which proposes an amendment to the Texas Constitution for the issuance of general obligation bonds for acquir ing, constructing or equipping correctional institutions, youth correctional institutions and mental health and mental retardation institutions. SJR 24 will appear on the November 7, 198 g general election ballot as Proposition No.8. This is one of the solutions to overcrowding. Mrs. Marsh asked if there was any indication as to how this money was to be broken down and if anyone had seen the budget. Attorney Mike Spain said that as far as he was aware, there is some breakdown and what this does is allow the legislature to decide how it would be parceled out. ) / Chief Agee said that over the years more and more cities are being pressed into housing prisoners for long periods of time. He said it is a snowballing effect but he had no legal solution. He said what he feared most is the small municipal i ties being pressed into use; and a jail of any size is a liability. It seems with the proliferation of crime, they can not build prisons fast enough. Mr. Greenwald said it does not just say prison but covers a multitude of items. Mayor Sawyer said if Council supports this, then they are supporting the State to raise taxes to sell the bonds. Chief Agee said that personallY he would have to support it. Mrs. Marsh moved that Council not approve the resolution for all the reasons stated. Mr. Greenwald seconded the motion, which carried with the following vote: AYES: Councilmembers Baldwin, Stanhope, Marsh and Greenwald ABSTAINING: Councilman Hartzog NAYS: None #7 IMPACT FEE STUDY: a recommendation from Mr. companies. Mayor Sawyer advised that council had Sweatt and they were briefed by two Mr. Baldwin moved to select Rimrock-Ford to do this consulting study. Mrs. Stanhope seconded the motion, which carried as follows: AYES: Councilmembers Hartzog, Baldwin, Stanhope, Marsh and Greenwald. NAYS: None #8 ORDINANCE: Mayor Sawyer introduced an ordinance and read the caption as follows: AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, AMENDING SECTION 8 (b) & (c) OF ORDINANCE 78-F-15 TO REVISE THE FRANCHISE FEE PAID BY KBLCOM INC. FROM THREE PERCENT (3%) TO FIVE PERCENT (5%) Mr. Hartzog moved to approve the first reading of an ordinance amending Section 8 (b) and (c) of Ordinance 78-F-15, Cable Franchise Fees. Mrs. Marsh seconded the motion, which carried as follows: AYES: Councilmembers Hartzog, Baldwin, Stanhope, Marsh and Greenwald. NAYS: None 26 # 9 BUDGET AMENDMENT : the 89-90 SAFES budget personnel. Mr. Sweatt recommended Council amend to accommodate the realignment of Mr. Hartzog moved to amend the SAFES Operation Budget as requested. Mr. Baldwin seconded the motion, which carried with the following vote: AYES: Councilmembers Hartzog, Baldwin, Stanhope, Marsh and Greenwald. NAYS: None #10 CITY MANAGER'S REPORT: A. Remind Mayor and Council of the Appraisal District meeting on October 24 for the purpose of discussing the consolidation and centralization of tax collections. B. Also reminder of the upcoming TML Conference, which is in San Antonio this year from October 26 through the 28th. C. The Night in Ole Converse is scheduled for October 6 and 7th and everyone is invited to attend. #11 ITEMS BY COUNCIL: Mrs. Stanhope: A. some Humane Society members will be dressed in be collecting donations at IH35 and FM 3009. will be the last Dog Dip Day for this year. On October 31st costume and will Al so October 14 #12 ITEMS BY MAYOR: None #13 ADJOURNMENT: Mr. Baldwin moved the meeting be adjourned at 8:22 p.m., with Mr. Hartzog seconding the motion, which carried unanimously. ATTEST: I J