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REGULAR MEETING OF THE CITY COUNCIL
July 18, 1995
The Schertz City Council convened in Regular Session on
Tuesday, July 18, 1995 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; Charles McDonald; Joe Potempa and
Ken Greenwald. Absent: Councilmembers Dereda Burkett and
Timothy Swinney. 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: A. Special Session 5-10-95
B. Regular Session 5-16-95
Mr. McDonald moved to approve the minutes for the Special
Session 5-10-95 and the Regular Session 5-16-95. Mr.
Potempa seconded the motion, which carried with the
following votes:
AYES: Councilmembers McDonald, Potempa and Greenwald.
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 ORDINANCE: Consider and take action on first
reading of the revised Flood Plain Ordinance.
Mayor Baldwin introduced an ordinance and read the caption
as follows:
AN ORDINANCE
"I/;
ESTABLISHING A DEVELOPMENT PERMIT SYSTEM AND
ADOPTING REGULATIONS REQUIRING DEVELOPMENT
PERMITS FOR CONSTRUCTION IN FLOOD PLAIN AREAS
HAVING SPECIAL FLOOD HAZARDS; PROVIDING FOR
REVIEW OF SUBDIVISIONS; MAKING PROVISIONS
RELATED TO DEVELOPMENT WITHIN .l.n~ CITY OF SCHERTZ
DESIGNATED FLOOD PLAINS; VESTING ......:J..t. CITY
MANAGER WITH THE RESPONSIBILITY, AUTHORITY AND
MEANS TO ADEQUATELY ADMINISTER AND ENFORCE THIS
ORDINANCE; PROVIDING A SAVINGS CLAUSE AND FOR
.u"d. REPEAL OF ALL ORDINANCES IN COI.'~ .....ICT
THEREWITH; PROVIDING FOR A PENALTY; PROVIDING
AN EFFECTIVE DATE AND CONTAINING OTHER PROVISIONS
RELATING TO .....:J..t. SUBJECT.
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Mr. Sweatt explained this revised ordinance was requested
by FEMA. The primary changes consist of a number of
additional definitions, rewording in a few areas and some
reorganization, however the majority of the provisions that
were in the original ordinance continue the same in this
ordinance. The conditions regarding the improvements in A
Zone area continue to be those as spelled out in the
existing ordinance. The changes discussed at workshop last
week have been made. Page 9 includes a reference and an
application of these conditions to the City limits and the
ETJ. Page 13 spells out that City Council is the Appeal
Board. Pages 14 and 15 contain specific language about
variances. Adoption of this ordinance is recommended.
Mr. Greenwald moved to approved the first reading of the
revised Flood Plain Ordinance. Mr. McDonald seconded the
motion, which carried with the following votes:
AYES: Councilmembers McDonald, Potempa and Greenwald.
NAYS: None.
#4 RESOLUTION: Consider and take action on a
resolution regarding participation in Ozone Action Day
program through Alamo Area Air Coalition.
Mayor Baldwin read the resolution as follows:
RESOLUTION NO. 95-R-7
BY .L.d~ CITY COUNCIL OF .....:1~ CITY OF SCHERTZ,
TEXAS, TO COMMIT TO PARTICIPATE IN .....:1~ CONTINUED
ATTAINMENT OF GOOD AIR QUALITY IN THE SAN ANTONIO
METROPOLITAN AREA AND SURROUNDING REGION.
WHEREAS, because the levels of pollution in
San Antonio Metropolitan Area and surrounding region
been increasing, the area's attainment status under
Federal Clean Air Act Amendment is in jeopardy; and,
the
have
the
WHEREAS, it is imperative that the San Antonio
Metropolitan Area and surrounding region develop a
long-term comprehensive strategy for reducing the level of
air pollution; and,
WHEREAS, it is imperative that each public and
private entity, including but not limited to counties,
suburban cities, businesses, military .installations,
universities and school districts in the region should
address this concern and make recommendations to their
institution; and,
WHEREAS, each entity should consider a wide variety of
measures to reduce the levels of air pollution in the area
including, but not limited to, the use of alternative fuels
and reformulated gasoline, the use and encouragement of
carpooling, and rescheduling of air emissions activities
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which contribute to the formation of ozone.
NOW THEREFORE, BE IT RESOLVED THAT the City of Schertz
commits to participating in the Ozone Action Day program
through the Alamo Air Air Coalition and implementing a
voluntary program to ensure that the San Antonio
Metropolitan Area and surrounding region remains in
attainment for good air quality.
Mr. Potempa moved to approve the resolution regarding
participation in Ozone Action Day program through Alamo
Area Air Coalition. Mr. McDonald seconded the motion.
Before the vote, Mr. Sweatt mentioned the resolution is
self-explanatory. There is considerable information
regarding ground level ozone and its effects on health and
the potential impact that being designated as a
nonattainment areas has. Many of the recommended steps are
somewhat difficult to implement, but the City will try to
follow the guidelines to the best of its ability. All
steps are voluntary.
The vote was then taken and the motion carried as follows:
AYES: Councilmembers McDonald, Potempa and Greenwald.
NAYS: None.
#5 BUDGET: Consider and take action regarding
approval of Bexar Metro 9ll Network District budget.
Mr. Sweatt reminded Council they had received a copy of
the proposed budget. Total revenues are projected at
$2,408,013 and total expenditures are projected at
$2,402,713. This is funded from charges that are part of
the telephone bill. In Comal and Guadalupe Counties it's
18 cents per month for residential and 43 cents per month
for business. In Bexar County it's 22 cents per month for
residential and 51 cents for business. Those rates have
remained in effect for at least the last five years.
Mr. Sweat further stated the City has directly benefited
from some of the training activities in addition to the
funding of the public safety answering point at our
dispatching area. Fire, police and EMS have benefited from
training as well as equipment purchases and we have every
reason to expect continued cooperation.
Mr. Potempa, saying he has no problem with the 911
service, mentioned his is being charged 22 cents instead of
18 cents even though he lives in Guadalupe County. There
was some discussion about this and Mr. Sweatt indicated he
would check into it.
Mr.
just
Mr.
Greenwald referred to the consolidated reports they
received copies of and noted the number of 911 calls.
Sweatt commented they end up with probably three
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times the number of calls registered to 911 because they
come in through the standard Police Department number. He
and Chief Agee have discussed it and the only reason they
can come up with is there are still a lot of people who are
used to calling the regular Police Department number versus
calling 911 and perhaps they make the decision it's not
really an emergency for bothering 911. There was a brief
discussion about the 911 dispatching system.
Mr. Greenwald moved to approve the Bexar Metro 911 Network
District budget. Mr. Potempa seconded the motion, which
carried with the following votes:
AYES: Councilmembers McDonald, Potempa and Greenwald.
NAYS: None.
#6 APPOINTMENTS: Consider and
appointments to Board of Adjustment.
take
action
on
Mr. Sweatt related that when the Board of Adjustment was
originally created and the members were appointed, specific
people drew for specific terms to set up a two-year
staggered term arrangement. Earl Hartzog and Ted Duigon
drew one-year terms and those are expiring. They have
indicated a desire to continue to serve and it has been
recommended by the BOA they be reappointed for two-year
terms.
Mr. Potempa moved to reappoint Earl Hartzog and Ted Duigon
for two-year terms to the Board of Adjustment. Mr.
Greenwald seconded the motion, which carried with the
following votes:
AYES: Councilmembers McDonald, Potempa and Greenwald.
NAYS: None.
#7 RESIGNATION: Consider and take action reg~rding
resignation of member of City Council.
Mayor Baldwin read a letter of resignation from
Councilmember Dereda Burkett effective July 11, 1995.
Mr. Potempa moved to accept the letter of resignation from
Councilmember Dereda Burkett. Mr. Greenwald seconded the
motion, which carried with the following votes:
AYES: Councilmembers McDonald, Potempa and Greenwald.
NAYS: None.
#8 EXECUTIVE SESSION: Called under Section 551 of
the Texas Government Code, Sub-Section 551.074, Personnel
Matters, to deliberate appointment of a public officer.
An Executive Session was held from 7:18 P.M. to 8:00 P.M.
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#9 Consider and take action, if any, on the above
Executive Session.
Mr. Potempa moved to appoint to fill the unexpired term of
Mrs. Burkett by means of asking anybody in the City who is
interested to contact a member of the Council. A
determination will be made at the first regular meeting in
August. Mr. McDonald seconded the motion, which carried
with the following votes:
AYES: Councilmembers McDonald, Potempa and Greenwald.
NAYS: None.
#10 CITY MANAGER'S REPORT: There was none.
#11 ITEMS BY COUNCIL: Mr. McDonald: A. Referred to
the Health Department's Report regarding One Star which had
contaminated food. When they were reinspected, they still
had contaminated food. Can we have them inspected again
and then close them down?
Mr. Potempa added this was not the first time for One
Star. This happens all the time.
Mr. Sweatt indicated he would speak with the Inspectors.
Generally, they try to work with the businesses because
clearly it is an economic impact if they close them down.
If there are circumstances under which the Inspector feels
they can continue safely, he will allow them to do that.
However, that is not always possible.
Mayor Baldwin asked if the Inspector has the authority to
issue citations and when told by Mr. Sweatt he does, then
emphasized that's what should be done in this case.
Mr. McDonald noted that Pic-N-Pac had the same problem
with contaminated food.
Mr. Potempa asked where Mike's B-B-Q is because
water problems and was told it's in the area of
Flea Market.
it has
Bussey's
Mayor Baldwin jokingly suggested giving a list of these
businesses, which are in violation, to Lori Peters from the
Herald and having her public it next to the Police Blotter.
B. Wondered, that since we're now going into budget time,
if it's possible to look at some of the tax abatements that
have been granted in the past and see what kind of revenue
they are generating for the city. Mr. Sweatt answered
that when the appraisal information is available, we can do
that.
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Mr. Potemna: Reported that Sunday he had the privilege of
being a judge for the Greater Randolph Area Veterans
Council pageant. There were six young ladies that competed
and the queen this year is from the City of Schertz.
Mr. Greenwald: A. Announced he gave reports from BVYA
and CVADAC to the City secretary to make copies for
Council's next package.
B. Reported BVYA hosted a large tournament this past week
with 52 teams participating.
#12 ITEMS BY MAYOR: There were none.
#l7 ADJOURNMENT: On a motion by Mr. Potempa and
seconded by Mr. McDonald and unanimously carried, the
meeting adjourned at 8:11 p.m.
Mayor, City of Schertz, Texas
ATTEST:
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City Secretary, City of Schertz