ccreg 02-15-1994
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REGULAR MEETING OF THE CITY COUNCIL
FEBRUARY 15, 1994
The Schertz City Council convened in Regular Session,
Tuesday February 15, 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
and Ken Greenwald. Absent: Hal Baldwin and Mary Marsh.
Staff present were City Manager Kerry Sweatt, City Attorney
Michael Spain and City Secretary June Krause.
Mayor Sawyer welcomed everyone to the meeting and then led
them in the Pledge of Allegiance.
#1 APPROVAL OF MINUTES: A. BOA Meeting of 1-18-94
B. Regular Meeting 1-18-94
Mrs. Stanhope moved to approve the minutes of the Board of
Adjustment Meeting of January 18, 1994 and the Regular
Meeting of the City Council on January 18, 1994. Mr.
Greenwald seconded the motion. The vote is as follows:
AYES: Councilmembers Stanhope and Greenwald.
ABSTAINING: Joe Potempa
NAYS: None
Mayor Sawyer asked that these minutes be on the next action
agenda as they did not have a majority approval.
#2 HEARING OF RESIDENTS: Mr. Jim Harris reserved
time for item No.4.
Tom Cabanski advised that he approved of the four-way stops
on Savannah Drive, saying it has helped the egress on FM
3009. He added that these stops really have helped and they
appreciate it. He then reserved time for item #5.
#3 RESOLUTION: Mayor Sawyer introduced a resolution
and read the caption as follows:
RESOLUTION NO. 94-R-1
A RESOLUTION BY THE CITY COUNCIL OF THE
CITY OF SCHERTZ, TEXAS CHANGING THE NAME
OF LIVE OAK BOULEVARD TO WIEDERSTEIN
DRIVE.
Mr. Greenwald moved to approve the resolution changing the
name of Live Oak Boulevard to Wiederstein Drive. Mr.
Potempa seconded the motion, which carried with the
following vote:
AYES: Councilmembers Potempa, Stanhope and Greenwald.
NAYS: None
80
#4 ORDINANCE: Mayor Sawyer introduced an ordinance
and read the caption as follows:
ORDINANCE NO. 94-H-3
AN ORDINANCE BY THE CITY COUNCIL OF THE
CITY OF SCHERTZ, TEXAS, AMENDING THE CODE
OF ORDINANCES CHAPTER 7-1/2 BY REPEALING
SEC. 7-1/2-2 (a) AND (b) AND SEC.
7-1/2-16 (a) AND (b) AND REPLACING THEM
WITH NEW SEC. 7-1/2-2 (a), (b), (c) AND
( d ) AND SEC. 7 - 1/ 2 - 16 ( a ) AND ( b )
INSPECTION CERTIFICATE GRADING AND
POSTINGj AND PROVIDING A PENALTY.
Mr. Greenwald moved to approve the final consideration of
an ordinance amending the Code by revising Chapter 7-1/2
Article Food Establishments. Mrs. Stanhope seconded the
motion.
Mr. Harris asked what changes were made in the ordinance.
Mayor Sawyer advised that this ordinance does have that the
inspector will be a sanitarian and also the qualifications.
Mr. Harris thanked the Council for putting this
ordinance, saying they went the right way. He said
called Bexar County, who referred him to the
Metropolitan Health District, and found out there is no
that calls for a sanitarian and nothing in the state
gives the qualifications for an inspector.
in the
he had
State
code
that
George Mower expressed his thanks to the Council for taking
this forward step by putting the qualifications in the
ordinance.
There being no further discussion, Mayor Sawyer called for a
vote on the motion, which carried as follows:
AYES: Councilmembers Potempa, Stanhope and Greenwald
NAYS: None
#5 ORDINANCE: Mayor Sawyer introduced an ordinance
and read the caption as follows:
ORDINANCE NO. 94-D-4
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 INTERSECTIONSj
SECTION 18-33 FOUR-WAY STOPS AND
REPEALING ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT.
81
Mr. Sweatt advised that just before the meeting, he
received two letters from residents in Savannah Square, both
in favor of the stops signs.
Mr. Greenwald said he had received two phone calls
supporting these stop signs also.
Mr. Cabanski presented a small petition signed by nine
concerned citizens in Savannah Square approving the four-way
stop signs being placed along Savannah Drive. He added that
they feel this measure is a positive step in preventing
speeding along Savannah Drive they feel the stop signs
should remain in place.
Mr. Tom Garrito, president of the Home Owners' Association,
said that at their last meeting, the members did voice
support of the stops signs.
There being no further discussion, Mr. Potempa moved to
approve the final consideration of an ordinance amending the
Code Sections 18-32 and 18-33 Stop and Four-Way Stop
Intersections. Mr. Greenwald seconded the motion, which
carried with the following vote:
AYES:
NAYS:
Councilmembers Potempa, Stanhope and Greenwald
None
#6
executive
Government
litigation
EXECUTIVE SESSION: Mayor Sawyer called an
session under Section 551.041 of the Texas
Code, Section 551.071 on pending or contemplated
at 7:11 p.m.
The Regular Meeting was reconvened at 7:39 p.m.
#7 Consider and take action, if any, on the above
executive session.
Mayor Sawyer advised they had discussed pending or
contemplated litigation with the City Attorney and no action
was involved at this time.
#8 ORDINANCE: Mayor Sawyer introduced an ordinance
and read the caption as follows:
ORDINANCE NO. 94-E-5
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. Greenwald moved the final consideration of an
calling an officer election for May 7, 1994 be
Mrs. Stanhope seconded the motion, which carried
following vote:
ordinance
approved.
with the
32
AYES: Councilmembers Potempa, Stanhope and Greenwald
NAYS: None
#9 ORDINANCE: Mayor Sawyer introduced an ordinance
and read the caption as follows:
ORDINANCE NO. 94-E-6
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. Spain related that based on the first reading and
suggested modification of Section 2, three propositions are
to be presented to the voters. The first would be to limit
the terms to two four-year termsi the second would be to
limit the terms to two two-year termsi and the third
amendment is to allow the Council to establish a Board of
Adjustment.
Mr. Spain said that Section 2 was changed to say that if
both Proposition 1 and 2 passed, the one with the larger
number of yes votes would prevail. If that was a tie
number, then the one with the least number of negative votes
would prevail. If both amendments received the same number
of affirmative votes and the same number of negative votes,
then Amendment No. 2 (being the one presented as a
petition) would be effective.
Mr. Sweatt advised that new wording had been prepared for
Section 2 to this effect.
Mayor Sawyer asked if anyone on the Council objected to this
change and no one objected.
Mr. George Mower thanked the City Attorney
presentation and advice. He said he felt
initiated by the petition should be first
because it is an initiative of the people.
for his fluent
the amendment
on the ballot
Mrs. Stanhope moved to approve the final consideration of
an ordinance calling a Charter Amendment election for May 7,
1994. Mr. Greenwald seconded the motion, which carried as
follows:
AYES: Councilmembers Potempa, Stanhope and Greenwald
NAYS: none
#10 ORDINANCE: Mayor Sawyer introduced an ordinance
and read the caption as follows:
83
ORDINANCE NO. 94-f-7
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
PROGRAMj MAKING PROVISION FOR THE
CONDUCT OF THE ELECTION AND NON-BINDING
REFERENDUM; AND RESOLVING OTHER MATTERS
INCIDENT AND RELATED THERETO.
Mr. Potempa moved to approve the final consideration of an
ordinance calling an election for May 7, 1994 for sale of
property and a non-binding referendum on recycling program.
Mrs. Stanhope seconded the motion, which carried with the
following vote:
AYES: Councilmembers Potempa, Stanhope and Greenwald
NAYS: None
#11
regarding
Funds.
CDBG APPLICATION: Consider and take action
an application to Bexar County for 1994-95 CDBG
Mr. Sweatt recalled at the last workshop it was mentioned
that Bexar County has accelerated the process for
applications this year. Hearings have been held and
February 23rd is the last day for requests for grants. We
recommend the City Council make application for $148,860 for
four sets of restrooms in the park and remove barriers
throughout the community to meet the requirements of the
Americans With Disabilities Act. At the same time, the
Economic Development Commission will make application
through the Schertz Development Foundation.
Mr. Greenwald moved to make application to the Bexar County
CDBG Program as outlined. Mr. Potempa seconded the motion,
which carried with the following vote:
AYES: Councilmembers Potempa, Stanhope and Greenwald
NAYS: None
#12
Employee
p.m. in
the death
CITY MANAGER'S REPORT: Reminded Council of the
Awards Program on Friday, February 18th at 7:00
the Community Center. This was postponed due to
of one of our employee family.
#13
would be
week.
ITEMS BY COUNCIL: Mr. Potempa announced that he
refiling for his Council position the following
#14 ITEMS BY MAYOR: None
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#15 ADJOURNMENT: Mrs.
adjourned at 7:58 p.m. Mr.
which carried with a unanimous
Stanhope moved the meeting be
Potempa seconded the motion,
vote.
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