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SPECIAL MEETING OF THE CITY COUNCIL
JANUARY 12, 1994
The Schertz City Council convened in Special Workshop
Session Wednesday, January 12, 1994 at 7:00 p.m. in the
Conference Room of the Municipal Complex, 1400 Schertz
Parkway, Schertz, Texas. The following members were
present: Mayor Pro Tern Joe Potempa, presiding; Hal
Baldwin; Barbara Stanhope; Mary Marsh and Ken Greenwald.
Staff present were City Manager Kerry Sweatt and Deputy City
Secretary Norma Althouse. Absent: Mayor Earl W. Sawyer.
11 . HEARING OF RESIDENTS: Mr. George Mower inquired
if there are any rules or regulations, in the meeting of
this body as a public meeting, against smoking in the
municipal building. Attorney Spain answered there could
be, but.there aren't.
12 Discuss final consideration of an ordinance
amending the Code by revising Section 7-1/2-54, Exhibit 2
Garbage Rate Schedule.
Mr. Sweatt stated that this ordinance adopts the revised
rate incorporated in the tipping fees which was 8.28% across
the board for all various categories of garbage service,
except for Type 2 landfill materials which was only about
5%. This will raise the garbage rate for a single-family
residence from $7.25 per month to $7.85 per month and that
same rate applies throughout the structure.
There being no further discussion on this ordinance,
Pro Tern Potempa asked that it be placed on the January
agenda.
Mayor
18th
13 Discuss BOA hearing
Little of 508 Curtiss Avenue for
Zoning Ordinance allowing him
carports, one on each side of his
on a request by Leonard
a Special Exception to the
to construct 2 portable
residence.
Mr. Sweatt advised the package included a copy of the
application and a memorandum from Planning and Zoning. The
public hearing for this was advertised for January 18th.
Mr. Sweatt further stated the required setback in this area
is an aggregate of 15' (i.e., 8' on one side and 7' on the
other) and Mr. Little is asking for a total of an 8' side
yard setback variance. He's within 6' on one side and l' on
the other side.
Mr. Baldwin asked if this is a single-family residence and
Mr. Sweatt answered yes it is.
Mr. Greenwald added that at one time it was a duplex, but
it has been converted.
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Mr. Baldwin then inquired if there isn't something in the
ordinance that allows only one driveway per residence and
Mr. Sweatt replied he can't answer that question without
doing some research. Mr. Willman informed the Council
there is only one driveway, it is shared with the neighbor.
Mrs. Marsh asked why Mr. Little wants two carports. Mr.
Greenwald replied primarily because of the number of
vehicles they own and probably because Mr. Little will also
be selling carports.
Mr. Baldwin asked if he will be selling them from his yard
and Mr. Greenwald answered no, but from a shop located in
Universal City. Mr. Little's residence will serve as sort
of a showcase for the carports. They are color coded to
match the house and they are portable.
Mrs. Stanhope inquired if they are not fastened down and
was told by Mr. Willman they are anchored like a mobile
home.
Attorney Spain, referring to the ordinance in regard to curb
cuts, pointed out there is only one per residence allowed.
Mr. Baldwin, noting this was a duplex originally, observed
there were probably already two curb cuts in place.
Mayor Pro Tem Potempa commented the Planning and Zoning
Commission recommends approval and Mr. Little's neighbors
have no objections. The public hearing is scheduled for
next Tuesday.
14 Discuss changes to the Health Code relating to
Food Establishments.
Mr. Sweatt related the package includes a suggested draft
of the ordinance (to which a couple of changes have been
made), a copy of the proposed inspection form which will
indicate the point system, and a general memorandum that
describes a proposal in which food establishments would be
rated.
Mr. Sweatt explained that the rating system would work this
way. They would start at 100 points and receive deductions
for violations. A score of 85 or above would be rated as an
A, a score of 70-84 as a B, and a score below 70 as a C.
The ordinance will be revised to require this Certificate be
posted on the front door or in a very conspicuous place of
entry. The ordinance would state that an A means highest
level of food operation as opposed to meaning exemplary.
Mr. Sweatt went
effective tool in
with food handling
on the businesses.
on to say the City believes this is an
developing a higher degree of compliance
processes and obviously, it puts pressure
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Mr. Sweatt told the Council Gary Davis had been called out
of town unexpectedly, but he will make sure he's at the next
workshop to answer detailed questions about the inspection
form. The items in the inspection form are the same as
we're currently using in the process, it simply gives a
weight and value to those particular categories.
Mrs. Marsh indicated that's all fine.
Attorney Spain replied it is legal.
Is it legal?
Mr. Bill Harris asked if the businesses would be fined for
not posting the Certificate and Mr. Sweatt answered yes,
they could receive a fine not to exceed $200 a day and
suspension of their permit for up to 30 days.
Mr. Mower asked who would do the inspections and what their
qualifications are and Mayor Pro Tern Potempa answered the
inspections would be done by Gary Davis.
Mr. Mower then questioned if there's any criteria in the
Code for the qualifications of the inspector and was
informed that Gary Davis is a registered sanitarian with the
State Health Department.
Mr. Mower wondered if there's anything in the Code
specifying the inspector has to be a registered sanitarian
with the State Health Department and Mr. Sweatt replied
there is not.
Mr. Baldwin asked if it's enforceable unless we have
something in the Code that specifies the inspector must be a
registered sanitarian. Attorney Spain indicated that at the
time you're advertising to replace the health inspector, you
could set the job requirements and qualifications and
include them in the job description.
Mayor Pro Tern Potempa asked when this will be ready for a
vote. Mr. Sweatt explained that with the Council's
direction, it will be placed on the agenda of the next
regular meeting for initial action, it will require a second
reading unless declared an emergency, and then since it is a
penal ordinance, it will require publication 15 days before
the effective date, so it's likely to be mid-February before
it will become effective.
Mayor Pro Tern Potempa asked if they're ready to work on it
and when advised by Mr. Sweatt they are, asked that it be
scheduled on the agenda of the next regular meeting.
'5 EXECUTIVE SESSION: Called under Section 551.04 of
the Texas Government Code, Section 551.071 on Pending or
Contemplated Litigation
An Executive Session was held from 7:10 p.m. to 8:11 p.m.
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16 Consider and Take Action, if any, on the above
Executive Session
There was no action required.
'7 CITY MANAGER'S REPORT: A. Reminded the Council
they have' a copy of the letter to selected residents in
Mobile Villa and we are within 3 of meeting the criteria.
B. Reported Monday, January 17th is a designated holiday
for the City. All but emergency offices will be closed.
The voice mail system will be in place.
18 ITEMS BY COUNCIL:
Mrs. Marsh: Noted we're getting closer to February 4th and
items are needed for the silent auction for the Schertz
Business Association sponsored Trail Roundup.
Mr. Baldwin: Noticed when coming home from Austin that the
Roy Richard Blvd. signs are up on IH-35.
Mr. Greenwald: A. Referred to an article in the
Express-News about Russell Masters and why he didn't get
severance pay when leaving the Edwards Aquifer District. At
the end of the article it mentions three recharge dams, one
on the Cibolo Creek near Selma, one on a river in Kyle and
one on the Dry Comal in New Braunfels. We've always been
told we couldn't put one on the Cibolo because it would back
up and flood Natural Bridge. Something doesn't sound right.
B. Mentioned there had been discussion at the Planning and
Zoning meeting about Northcliffe starting to develop again
and a portion of the development being in the City limits
and a portion being outside the City limits. The Commission
will be sending forward some recommendations on different
options for the possibility of annexing Northcliffe.
One of the things the Commission talked about was
being able to refinance the MUD bonds and save some
because of the low interest rates right now.
maybe
money
Attorney Spain interjected, that upon annexation, they would
become the general obligation of the City, but they could be
re-funded.
Mr. Greenwald added that one way or another, Northcliffe
will probably be annexed by Schertz, it's just a question of
when. We need to take a good look at the situation.
C. Related that another topic of discussion at the
Commission's meeting was Dietz Road. The addition of Dove
Meadows, the addition of the proposed Deer Creek Subdivision
in Cibolo, and the possibility of a new elementary school in
the area will all add extra traffic which Dietz Road, in
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it's present condition, will not be able to handle. One
main concern is that Cibolo refuses to accept the fact Dietz
Road is their responsibility.
Mr. Baldwin asked if there's an ETJ agreement and Mr.
Sweatt acknowledged he will have to research it, but Dietz
Road is clearly either in Cibolo's city limits or their ETJ.
Mr. Sweatt went on to say Borgfeld Road will need
improvements in the future and we are making plans for that.
Mrs. Marsh asked what needs to be done as far as Dietz
Road.
Mr. Greenwald suggested possibly sending a letter to Sam
Bauder, Mayor of Cibolo, telling him we have 10' of
additional right-of-way (donated to us by the developer of
Dove Meadows) and we will donate it to Cibolo if they get
the County to help improve the road.
Mr. Baldwin inquired if the 10' goes around the corner and
comes out to FM 3009. Mr. Sweatt answered no because it's
not platted that far around.
Wondering if it's a County responsibility, Mr. Baldwin
questioned who's precinct it's in, and it was determined it
falls in Commissioner Brannon's territory.
19 ITEMS BY MAYOR: A. Mayor Pro Tern Potempa
expressed hope that the letter sent to the Mobile Villa
residents will produce three more approvals.
B. Stated he starts 13 weeks of Citizen Police Academy
classes tomorrow night.
110 ADJOURNMENT: Mrs. Marsh moved the meeting be
adjourned at 8:29 p.m. and Mr. Greenwald seconded the
the motion which carried with a unanimous vote.
ATTEST:
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MMor,"" City ofUSchertz,
PRO T t"JI1
Texas
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Deputy City Secretary, City of Schertz