Loading...
ccreg 02-01-1994 fi6 REGULAR SESSION OF THE CITY COUNCIL FEBRUARY 1, 1994 The Schertz City Council convened in Reqular Session Tuesday February 1, 1994 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, presiding; Joe Potempa; Barbara Stanhope; Mary Marsh; and Ken Greenwald. Absent: Hal Baldwin. Staff present were City Manager Kerry Sweatt, City Attorney Michael Spain and City Secretary June Krause. Mayor Sawyer welcomed everyone to the meeting and asked them to rise and join him in the Pledge of Allegiance. #lA PUBLIC HEARING: The purpose of the hearinq was to receive citizen input regarding the proposal to change the name of Live Oak Boulevard to Wiederstein Drive. Mr. Sweatt advised that Planning and Zoning Commission had held a public hearinq with no neqative comments. They had contacted both the City of Selma and the City of Cibolo, cities who are involved in renaming this Boulevard, that will be extended to connect with Wiederstein Drive. He then pointed out on the map the location and the logical extension to connect with Wieder stein Drive and eventually to connect with FM 1103, creating another North/South thoroughfare through town. Planning & Zoning recommended the name change and believe the Cities of Selma and Cibolo will also change the name to Wiederstein Drive. There being no comments from the audience or fro~Council Members, Mayor Sawyer declared the hearinq closed at 7:05 p.m. #lB Consider and take action, if any, on the above public hearing. Mrs. Stanhope moved to change the name of Live Oak Boulevard to Wiederstein Drive. Mr. Potempa seconded the motion, which carried with the following vote: AYES: Councilmembers Potempa, Stanhope, Marsh and Greenwald NAYS: None #2 APPROVAL OF MINUTES: A. Special Meeting of 12-29-93 and B. Special Meeting of 1-12-94. Mr. Greenwald moved to approve the minutes of both meetings as presented. Mrs. Stanhope seconded the motion, which carried with the following vote: AYES: Councilmembers Potempa, Stanhope, Marsh and Greenwald NAYS: None ABSTAINING: Mrs. Marsh for the meeting of 12-29-93. .~.- ~-------' 61 #3 HEARING OF RESIDENTS: A. Coralee Fenner, who is a resident of Schertz residing at 6440 Pfeil Road, presented the Council with a petition requesting FM 78 be renamed "Johnny Peterson Drive". She then asked the City Secretary to verify the petition turned in was an exact copy of the original, which was done. She added that this petition has high-lighted the fact that we live in one large community from Kirby to Marion. There were 1437 signatures on the petition, with 444 from Schertz, 253 from Cibolo, 123 from Converse, 62 from Marion, 164 from Universal City, 55 from Kirby, 59 from San Antonio and 277 from other people throughout the Metrocom, not in one of the mentioned cities. They just wanted to sign the petition. Mayor Sawyer accepted the petition on behalf of the Council, saying that he would like to see this happen before he leaves office. He added that this would be on the next workshop to be acted on at the next Regular Meeting. Mrs. Fenner said they would be taking this same petition to the other cities and if Schertz approves it, they may ask for a letter so stating. Mayor Sawyer advised the City Manager would be g~v~ng Council the proper procedure for doing this to be sure that it is legal. Mr. Sweatt agreed we all concur with the petition request, adding that the proposal would go first to Planning and Zoning for public hearing and then to a Council hearing, following the procedures for renaming any street in the city. Mayor Sawyer told Mrs. Fenner he appreciated all the effort she and the others have put in on this project. #4 APPOINTMENTS: Consider and take action on reappointing members to the Library Advisory Board. Mayor Sawyer noted that Richard Cervantes, Julie Parr, Connie Brison and Mary McAllister had expressed their willingness to continue to serve on the Library Advisory Board and have been recommended for reappointment. Mr. Potempa moved to reappoint these members to the Library Advisory Board. Mr. Greenwald seconded the motion, which carried as follows: AYES: NAYS: Councilmembers Potempa, Stanhope, Marsh and Greenwald None Mayor Sawyer issued two Certificates of Appreciation to outgoing members Sylvia Marbach and Gerald Thurman, who were not present. He then thanked each member and the outgoing members for their support, adding that this illustrates to the community that without volunteers such as these, we could not function. fiR Chairman Cervantes then introduced the new for the Library Advisory Board as being: Cervantes; Dan Schofield, Vice-Chairman: Secretary and Julie Parr, Treasurer. slate of officers Chairman Richard Patti Lovelady, Mayor Sawyer again thanked all of them for their over the years, saying that he would not be reelection in May. support seeking #5 ORDINANCE: Mayor Sawyer introduced an and read the caption as follows: ordinance AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, AMENDING THE CODE OF ORDINANCES CHAPTER 7-1/2 BY REPEALING SEC. 7-1/2-16 (b) AND REPLACING IT WITH A NEW SECTION 7-1/2-16 (b) INSPECTION CERTIFICATE GRADING AND POSTING; AND PROVIDING A PENALTY. Mr. Sweatt advised the Mayor that there were at least two food establishment people present that perhaps wanted to make a statement. Mr. David Post, the owner of the Sandwich Garden, said he had talked with Mr. Sweatt and that he could not really say he was against this ordinance on the basis of what Council is trying to do. The only problem he had with it is that right now he knows Gary Davis (the Sanitarian who would make the inspections) who worked well with him. He said that down the road the City might have a new man that has a totally different view of what an inspection should be. Under that possibility, he did not like this type ordinance. He said he feels like his place is clean as any in town; but people have different ways of looking at this. He felt it unfair to have the grade plastered on his front door without giving him a chance to correct whatever the inspector found wrong. There should be some way of giving the food establishment owners time to get into compliance - time to correct before it is posted. Mr. Post said his understanding is that the inspector will grade the establishment and post the grade immediately. He said if he was going to have this put on him, he wanted time to rectify the conditions before it was posted. He said "Give me a chance to comply before you brand me". Mr. Sweatt asked what time limit he would suggest say five days? Mr. Post said it would all depend on what is wrong, some things could be done immediately or at least with 24 hours but major discrepancies might take weeks. 69 Mr. Sweatt ordinance a Council table Mr. Davis to said he would not object to writing minimum time to correct things. He action on this item and he would get work something out. into the suggested back with Mr. Francisco with what Mr. suggestion. Contreras of La Pasadito Restaurant Post had said and with Mr. agreed Sweatt's Ms. Rosa Rivera, Schertz Dairy Queen Manager, said she was at a loss as to who designed the grading and was told the Health Inspector. She then asked if he was a full time employee and was told no. She said he had inspected her on Saturday and her last inspection was last summer. She felt this was outrageous. Her feelings on the whole ordinance was that the posting of the grade on the front door could be dangerous. She related some instance where a customer could walk in and not know the temperature of her gravy and be alarmed. Ms. Rivera was advised the posted grade was a letter and had nothing to do with the temperature of anything. Ms. Rivera then asked if there were a lot of violators in Schertz - is this a big problem. Mayor Sawyer advised that we are trying to protect our citizens as we are liable for this. Ms. Rivera then said she did not feel the grade should be posted, it should be between the Health Inspector and owner. She just did not feel this was fair. Mayor Sawyer suggested Ms. Rivera or anyone with questions to contact the City Manager and invited them to the next workshop, where the suggested changes would be discussed. The Manager of Li'l Super on FM 78 said the City has a system in place and now wants to add a new one. He mentioned several instances where the Health Inspector came in his establishment and wrote him up for discrepancies he felt were the result of the previous owner. He mentioned that he had a perfectly good sink but the inspector insisted he put in a new stainless steel sink. He said when the inspector comes in he wants things done in a 24 hour period and that is not always possible. Mr. Sweatt suggested that if the Manager had problems with the Inspector, go by and talk to the City Manager. Mr. George Mower asked the Mayor and Council Members if there has been any amendment by adding the inspector's qualifications in the ordinance. He added that the people who had been speaking seemed to feel that when the inspector goes to their establishment he cracks the whip and they have to react. 70 Mrs. Marsh moved to table action on this ordinance and have further discussion at the next workshop. Mrs. Stanhope seconded the motion, which carried with the following vote: AYES: Councilmembers Potempa, Stanhope, Marsh and Greenwald NAYS: None #6 ORDINANCE: Mayor Sawyer introduced an ordinance and read the caption as follows: AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, PROVIDING THAT THE CODE OF ORDINANCES BE AMENDED BY REVISING SECTION 18-32 STOP INTERSECTIONS; SECTION 18-33 FOUR-WAY STOPS AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT Mrs. Stanhope moved to approve the first reading of an ordinance amending the Code, Sections 18-32 and 18-33. Mr. Greenwald seconded the motion. Mrs. Marsh related that she had received a phone call regarding the four-way stop, he had objected to them and when invited to the meeting said he could not come. The call was from Earl Hartzog, who lives in this area. He mentioned that four-way stops were not necessarily designed to take care of speeders. He realized there were children in the area but he disciplined his children and these families should also. He was very opposed to these. Mayor Sawyer and Mr. Potempa said they also received calls from Mr. Hartzog. Mayor Sawyer said he had asked Mr. Hartzog to come to the next workshop. Mayor Sawyer then called for a vote on the motion and the motion was carried with the following vote: AYES: Councilmembers Potempa, Stanhope, Marsh and Greenwald NAYS: None #7 executive Government litigation EXECUTIVE SESSION: Mayor Sawyer called an session under Section 551.04 of the Texas Code, Section 551.071 on pending or contemplated at 7:43 p.m. The Regular Session was reconvened at 8:01 p.m. #8 Consider and take action, if any, on the above executive session. Mayor Sawyer explained Council had met in executive session and was briefed by legal advisor. --------' 71 #9 ORDINANCE: Mayor Sawyer introduced an ordinance and read the caption as follows: AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, CALLING AN ELECTION TO BE HELD ON MAY 7, 1994, FOR THE PURPOSE OF ELECTING A MAYOR AND TWO (2) COUNCILMEMBERS FOR SAID CITY Mr. Potempa moved to ordinance calling a City Mr. Greenwald seconded following vote: approve the first reading of an Officer's Election for May 7, 1994. the motion, which carried with the AYES: Councilmembers Potempa, Stanhope, Marsh and Greenwald NAYS: None #10 ORDINANCE: Mayor Sawyer introduced an ordinance and read the caption as follows: AN ORDINANCE CALLING A HOME RULE CHARTER AMENDMENT ELECTION TO BE HELD IN THE CITY OF SCHERTZ, TEXAS ON MAY 7, 1994; MAKING PROVISION FOR THE CONDUCT OF THE ELECTION; AND RESOLVING OTHER MATTERS INCIDENT AND RELATED TO SUCH ELECTION. Mr. Potempa moved to approve the first reading of an ordinance calling an election for May 7, 1994 submitting charter amendment questions to voters. Mrs. Marsh seconded the motion,which carried with the following vote: AYES: Councilmembers Potempa, Stanhope, Marsh and Greenwald NAYS: None #11 ORDINANCE: Mayor Sawyer introduced an ordinance and read the caption as follows: AN ORDINANCE CALLING AN ELECTION AND A NON-BINDING REFERENDUM TO BE HELD IN THE CITY OF SCHERTZ, TEXAS ON MAY 7, 1994 CONCERNING THE PROPOSED SALE OF PARKLAND AND ESTABLISHING A CURBSIDE RECYCLING PROGRAM; MAKING PROVISION FOR THE CONDUCT OF THE ELECTION AND NON-BINDING REFERENDUM; AND RESOLVING OTHER MATTERS INCIDENT AND RELATED THERETO 72 Mrs. Stanhope moved to approve the first reading of an ordinance calling an election for May 7, 1994 for sale of property and a non-binding referendum on recycling collections. Mr. Greenwald seconded the motion, which carried with the following vote: AYES: NAYS: Councilmembers Potempa, Stanhope, Marsh and Greenwald None #12 CITY MANAGER'S REPORT: A. The Trail Riders be in this week. The stew cooking will be at Richard's on February 3, will be served at noon at the Stop on 1-35 and then the dance and silent auction night. will Mrs. Rest that B. There will be a seminar on water issues sponsored by the League of Women Voters on February 5th. C. The Annual Legislative Conference will be in New Braunfels on March 24 and 25 to discuss government business in the Global Economy. D. Spring Clean Up will be from February 27 through March 14, Monday - Friday from 9:00 a.m. to 7:00 p.m. and from 8:00 a.m. to 6:00 p.m on Saturday and Sunday. Our contractor will pick up white goods and the City will provide brush chipping - both by appointment. The dumpster will be located at the Alamo Waste Site. #13 ITEMS BY COUNCIL: Mr. Potemoa asked if the City Manager had heard any more from the Mobile Villa residents and was told no. He said there is still a lot of confusion up there. One person said he would not sign the form because he did not have the $1600 to hook up to the sewer line. They seem convinced that immediately upon completion, they would have to hook on. He said money seems to be the factor. Mr. Sweatt said it was his understanding that the Mobile Villa residents would not have to hook on to the sewer line until their septic tanks fail. He said he would add this information to the letter he is getting ready to send out. We are down to needing two nOWi but would really like to have a couple more to be sure. Mrs. Marsh referred to Mr. Sweatt's mention of the Trail Riders dance and auction and was still asking for items to be auctioned. Mr. Greenwald said he had talked with Mr. Sweatt informing him they are in the process of getting an alarm system for BVYA at 401 Oak Street. Upon the completion of the installation, they will make a presentation to the City. #14 ITEMS BY MAYOR: None --------. 73 #15 ADJOURNMENT: Mr. Potempa moved the meeting be adjourned at 8:10 p.m. with Mrs. Marsh seconding the motion and it carrying unanimously. i I / 1:~rJ />~ J Ii ~ AJ-V' ~ -c- /' Mayor, City of Scher% Texas ATTEST: ~/ (kg, ~o, C~ Secretar , City of Schertz