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ccreg 02-15-1994 7~ 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 84 #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. ~'~/2/jlUAN~ ~~ior,l City of S~rt2, Texas ATTEST: (;L, ~ Secrl!6ry, ~.