ccreg 02-01-1994
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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.
.~.- ~-------'
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#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.
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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.
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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.
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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.
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#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
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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
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#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
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1:~rJ />~ J Ii ~ AJ-V' ~ -c-
/' Mayor, City of Scher% Texas
ATTEST: ~/
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C~ Secretar , City of Schertz