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ccreg 07-18-1995 /~ ~,-, j Jotf 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. --? / ~ .~ 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 -~ -""" '.- --- 3'16 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 / .-----/ .:::---- 51( 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. '/~ /_-'~ -( 3/;;- #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. I / ~. ~ -::);::; ''-'"'' - 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: ~~ City Secretary, City of Schertz