ccreg 09-01-1998
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REGULAR SESSION OF THE CITY COUNCIL
SEPTEMBER 1,1998
The Schertz City Council convened in Regular Session on Tuesday, September
1, 1998 at 7:00 p.m. in the Municipal Complex Council Chambers, 1400 Schertz
Parkway, Schertz, Texas. The following members were present: Mayor Hal
Baldwin, presiding; Councilmembers Joe Potempa, Norman W. Agee, Sr.;
Timothy Swinney and Ken Greenwald. Absent: Council member Pia Jarman.
Staff present were City Manager Kerry Sweatt and City Secretary Norma
Althouse.
Mayor Baldwin asked everyone to rise and join him in the Pledge of Allegiance to
the Flag.
#1 APPROVAL OF MINUTES:
Regular Session 07 -07 -98
Mr. Greenwald moved to approve the minutes of the Regular Session of 7-7-98.
Mr. Potempa seconded the motion, which carried with the following votes:
AYES: Councilmembers Potempa, Agee, Swinney and Greenwald.
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NAYS: None.
#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 SIDEWALK VARIANCE: Consider and take action regarding sidewalk
variance for HDS - Schertz Subdivision.
Mr. Sweatt related that Harry Jewett had presented information at the workshop
last week regarding this situation and has asked that the City contact Ed Ford,
City Engineer, for recommendations on the design. Council has a copy of Mr.
Ford's letter in their packets in which he recommends a small concrete retaining
wall be required at the intersection of Ashley Oak Drive and FM 3009 (2-3 feet in
height and approximately 30-40 feet in length). Mr. Ford is also recommending a
6-foot sidewalk be placed adjacent to the back of the existing curb parallel to
Ashley Oak Drive to allow adequate passing space and maneuvering clearance.
Mr. Jewett was at the meeting and indicated he can work with Mr. Ford's
recommendations. In regard to the recommendation for a 6-foot sidewalk versus
the required 4-foot sidewalk, he will take that under advisement.
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Mr. Greenwald moved to disapprove the request for a sidewalk variance from
HDS - Schertz Subdivision. Mr. Swinney seconded the motion, which carried
with the following votes:
AYES: Councilmembers Potempa, Agee, Swinney and Greenwald.
NAYS: None.
#4 SIDEWALK VARIANCE: Consider and take action regarding sidewalk
variance for Buffington Homes and Brad Galo.
Mr. Sweatt advised this was also discussed at the workshop last week. Changes
can be made to the Unified Development Code (UDC), and he suggests approval
of the variance request.
Mr. Agee moved to approve the request from Buffington Homes and Brad Galo
for a sidewalk variance, but only along FM 3009, not in the subdivision itself. Mr.
Greenwald seconded the motion, which carried with the following votes:
AYES: Councilmembers Potempa, Agee, Swinney and Greenwald.
NAYS: None.
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#5 ORDINANCE: Consider and take action on first reading of Ordinance
amending Code pertaining to purchasing requirements.
Mayor Baldwin introduced an ordinance and read the caption as follows:
AN ORDINANCE
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING
THE CODE OF ORDINANCES OF THE CITY OF SCHERTZ, TEXAS,
CHAPTER 2, ADMINISTRATION, ARTICLE 1, IN GENERAL, SECTION 2-8,
COMPETITIVE BIDS FOR PURCHASES AND SALES; AND PROVIDING AN
EFFECTIVE DATE.
Mr. Sweatt noted this change is proposed so the City is purchasing in conformity
with State law. The City currently takes sealed bids on items of $5000 and over.
This would change that to items of $15,000 and over. As the State law changes,
our requirements need to change.
Mr. Swinney asked if there are any situations where cities put in COLA's (cost of
living). Mr.. Sweatt replied this ordinance adopts the provisions of State law and
as it changes, this will change.
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Mr. Potempa inquired if the Council will still be involved in large purchases. Mr.
Sweatt answered if the item is of large significance, then it will be brought to the
attention of Council. If however it is under $15,000, it would not come to Council
to be awarded.
Mr. Greenwald moved to approve the first reading of an Ordinance amending the
Code pertaining to purchasing requirements. Mr. Swinney seconded the motion,
which carried with the following votes:
AYES: Councilmembers Potempa, Agee, Swinney and Greenwald.
NAYS: None.
#6 CITY MANGERS'S REPORT
. Thanked Council for approving the first reading of the Ordinance pertaining to
purchasing requirements. This will streamline the process.
· Thanked everyone for their kind thoughts and words of concern after his
episode last week.
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· Advised that when the meeting is finished, there are samples of chairs in the
Conference Room he would like for them to look at and consider for purchase
to replace the current chairs in the Chambers.
#7 ITEMS BY COUNCIL
Mr. Potempa:
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· Referred to the Department of Health narration in their packets and pointed
out One Star is always on the report. Can we make an example of them?
Can we do something about them? Can we shut them down? Mr. Sweatt
replied Gary Davis feels their infractions are not severe enough to close them
down, but he will speak with him to see what can be done. Mr. Sweatt then
noted that the food handling portion of Pic-N-Pac was closed for about a
week. Mayor Baldwin observed maybe the City doesn't put enough teeth into
its ordinances - the same businesses are on this report all the time. Mr.
Potempa asked if there's a requirement for a Health Card and Mr. Sweatt
replied yes there is. Mr. Potempa then mentioned San Antonio doesn't have
that requirement. Mr. Sweatt noted San Antonio has a training program.
Mr. Potempa thought we should get tough on those businesses that violate
the rules. Mr. Swinney asked if inspectors can administer fines and Mr.
Sweatt replied no, but they can issue citations which could result in fines.
After further discussion, Mr. Sweatt agreed to look into the ordinance to see if
maybe they can give more penal authority.
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