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ccreg 12-07-1993 26 REGULAR MEETING OF THE CITY COUNCIL DECEMBER 7, 1993 The Schertz City Council convened in Regular Session Tuesday, December 7, 1993 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; Hal Baldwin; Barbara Stanhope; Mary Marsh and Ken Greenwald. Staff present were City Manager Kerry Sweatt 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. He then introduced Mr. Dave Mazoch, who recently saved a baby from passing away by breathing life into him. The Mayor then called the following named people forward to receive a plaque for the "Stars of the Month" for December: Chairman Steve Simonson, Bob Andrews, Ann Almond, Ken Greenwald, Pia Jarman, Johnny Peterson, Joe Potempa, Bill Neller, Ann Richard, Jim Stapp and Leonard Truitt. On the committee but not present were Mike DeLeon, Dennis Little, Isabel Pellerin and Michele Tereletsky. This is the Christmas Decorating Committee who are responsible for all the lovely decorations on City property. Mayor Sawyer thanked them all, saying the decorations really look good. #1 APPROVAL OF MINUTES: B. C. A. Regular Meeting 11-2-93 Special Meeting 11-10-93 Regular Meeting 11-16-93 Mrs. Stanhope moved to approve the minutes of the Regular Meeting of November 2nd, the Special Meeting of November 10th and the Regular Meeting of November 16, 1993. Mrs. Marsh seconded the motion, which carried as follows: AYES: Councilmembers Potempa, Baldwin, Stanhope, Marsh and Greenwald NAYS: None ABSTAINING: Mr. Potempa for the meetings of November 10 & 16. Mr. Baldwin for the meeting of November 10. #2 HEARING OF RESID~.~S: A. George Mower, 501 Brooks Avenue read the following statement: "In reference to an item in the newsletter City of Schertz December issue entitled "City of Schertz Ordinance Alcoholic Beverages", I believe in order that the public may be informed about this we need some definitions. For example, what are "Participating Events" as talked about in the article "The key word is particular events"? It was stated that this ordinance will only applY during particular or specified events and areas. At all other times there will be no similar restrictions in our parks. And it says -~ 2i finally that we must insure economic viability of city sponsored events to the benefit of the taxpayers. Now when you say this do you mean the taxes that the resident has already paid to maintain the city government, the parks, and everything else in the city that is set up in the budget? or, do you mean the hidden taxes in the form of inflated prices that you propose to put on us in order to operate our city parks as a separate tiered tax structure abet hidden? When the writers write about the possible disorderly conduct of some of the attendees, do they mean to say that they do not have faith in our police department's ability or willingness to enforce the state law on disorderly conduct public drunkenness? As for the City of Schertz's liability in our parks, wherein the writer says "We can refuse to serve those who have had enough and reduce our liability during a city sponsored event". Does this mean that if the City doesn't sponsor these events we have no liability? As to the "we" in the above, is there a conflict of interest between members of the City Council and advocating the enrichment of various private organizations? I believe that these unnamed organizations must be fine and decent people and deserve the financial support of whomever of us are able and willing to do so. However, realizing that there are many in the community who are barely holding their economic heads above water I emplore the City Council to amend this ordinance to allow people, taxpapers to bring their own beverages and food if they feel that economically, medically or religiously that they choose to do so." unquote. B. Anita Clark, President of the Schertz Business Association asked to address Mr. Mower. She said one of the events that was being talked about is the Jubilee, where they have a lot of non-profit organizations doing their best earning funds to put money back into the community. She referred to Mr. Mazoch of the VFW because they are the ones who furnish the beer at the Jubilee and they have the liability. She emphasized that the SBA wants this ordinance. C. Dave Mazoch, VFW Commander Post 8315, he said he understood where Mr. Mower was coming from but the funds they make off the beverages is turned back into the community for different projects and named a few. He said the reason they are highly in favor of this ordinance is that they know that if they are the only ones serving, they then know who to serve and who not to serve - they do check identification for age. Also they feel the ordinance is excellent for two reasons. No. 1 - last year they observed people bringing in ice chests and putting them on the tables 28 and everyone drinkinq out of the chest regardless of age. The police said they had no ordinance to prohibit this. The other reason is to be able to help volunteer organizations do their volunteer work so they can put their money back into the city. C. Mr. Jim Harris asked if the City Attorney had addressed this in connection with the "dram law". If you pass this, will the city be sued or will the VFW? Mr. Sweatt said the dispenser has the first and primary responsibility but it is not beyond the realm of imagination that were a suit filed, it might be filed on both the people dispensing and the owner of the property. #3 ORDINANCE: Mayor Sawyer introduced an ordinance and read the caption as follows: ORDINANCE NO. 93-M-21 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ AMENDING SECTION 12 1/2-3 OF THE CODE OF ORDINANCES OF THE CITY OF SCHERTZ TO PROHIBIT THE BRINGING OF ALCOHOLIC BEVERAGES INTO OR REMOVAL THEREOF FROM DESIGNATED PARKS AND RECREATION AREAS DURING PARTICULAR EVENTS; TO ESTABLISH THAT, ON SUCH OCCASIONS, ALCOHOLIC BEVERAGES CAN BE PURCHASED ONLY FROM THOSE VENDORS GRANTED PERMISSION BY THE CITY COUNCIL TO MAKE SUCH SALES; AND TO SET AN EFFECTIVE DATE. Mrs. Marsh moved to approve the final consideration of an ordinance regulating alcohol beverages in city parks and recreation areas'during particular events. Mr. Greenwald seconded the motion, which carried with the following vote: AYES: Councilmembers Potempa, Baldwin, Stanhope, Marsh and Greenwald. NAYS: None #4 ORDINANCE: Mayor Sawyer introduced an ordinance and read the caption as follows: AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, AMENDING THE SUBDIVISION ORDINANCE, NO. 87-S-11, ARTICLE II, PROCEDURE; AND PROVIDING A REPEALING CLAUSE. Mr. Potempa moved to approve the first reading of an ordinance amending the Subdivision Ordinance, Article II Procedures. Mr. Greenwald seconded the motion, which carried with the following vote: ~~ AYES: Councilmembers Potempa, Baldwin, Stanhope, Marsh and Greenwald. NAYS: None Mayor Sawyer asked that this ordinance be on the next workshop. #5 ORDINANCE: Mayor Sawyer introduced an ordinance and read the caption as follows: AN ORDINANCE PROVIDING THAT THE CODE OF ORDINANCES, CITY OF SCHERTZ, TEXAS, BE AMENDED BY REVISING CHAPTER 18, ARTICLE II, SECTION 18-45 OF SAID CODE, PROVIDING FOR RESTRICTIVE VEHICLE WEIGHT LIMITS OF FIFTEEN THOUSAND (15,000) POUNDS TO BE PLACED ON CERTAIN STREETSj AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT. Mrs. Marsh moved to Ordinance establishing Ware-Seguin Road. Mrs. carried as follows: approve the first reading of an a load limit of 15,000 pounds on Stanhope seconded the motion, which AYES: Councilmembers Potempa, Baldwin, Stanhope, Marsh and Greenwald. NAYS: None Mayor Sawyer asked that this ordinance be on the next workshop for discussion. #6 RESOLUTION: Mayor Sawyer introduced a resolution and read the caption as follows: RESOLUTION NO. 93-R-l0 A RESOLUTION FORMALLY SUBMITTING PROJECTS TO THE METROPOLITAN PLANNING ORGANIZATION (MPO) FOR INCLUSION IN THE FY 1995-97 TRANSPORTATION IMPROVEMENT PROGRAM (TIP) PROJECTS. Mrs. Stanhope moved to approve the resolution requesting projects to be included in the MPO. Mr. Potempa seconded the motion, which carried with the following vote: AYES: Councilmembers Potempa, Baldwin, Stanhope, Marsh and Greenwald. NAYS: None #7 ORDINANCE: Mayor Sawyer introduced an ordinance and read the caption as follows: 30 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, APPROVING A TAX ABATEMENT AND A TAX ABATEMENT AGREEMENT FOR AND WITH MR. REX BORNMANN, A PROPERTY OWNER IN THE CITY OF SCHERTZ. Mrs. Marsh moved to approve the first reading of an ordinance approving a Tax Abatement and a Tax Abatement Agreement with Rex Bornmann. Mr. Greenwald seconded the motion, which carried with the following vote: AYES: Councilmembers Potempa, Baldwin, Stanhope, Marsh and Greenwald. NAYS: None Mayor Sawyer wished this to be placed on the next workshop agenda. #8 LAND PURCHASE: Consider and take action regarding the purchase of Lots 2, 3, and 4 Schertz Business Park. Mr. Sweatt recalled that this was discussed in September at an Executive Session. These lots adjoin property of the City and can be utilized for storage and future expansion of the Public Works Department. This property was purchased by the Development Foundation through foreclosure of the FDIC. He said we recommend the execution of purchase agreement in the net amount of $20,970 for these three lots. As you will recall this is a part of the original funding of the Certificates of Obligation sold in 1990 for the purpose of enlarging the Public Works Department. Mr. Greenwald moved to purchase Lots 2, 3, and 4 of the Schertz Business Park. Mrs. Stanhope seconded the motion, which carried with the fOllowing vote: AYES: Councilmembers Potempa, Baldwin, Stanhope, Marsh and Greenwald. NAYS: None #9 CITY MANAGER'S REPORT: Again, would like to remind you of the Employee Award Program on December 17, starting at 6:30 p.m. at the Community Center. #10 ITEMS BY COUNCIL: Mr. Potemna said that the previous night he drove through Schertz and he noticed more and more people in this town are decorating for Christmas. The town is looking beautiful. Mr. Baldwin agreed, saYing it really does look nice and more and more people are participating. 3J Mrs. Stanhooe echoed the terrific. comments, saying they look #11 ITEMS BY MAYOR: Agreed, adding that we are all happy with the decorations and it is hard to believe that they were all made by volunteers. Mrs. Marsh said the amazing thing is that in pricing this type of decoration at the TML Conference, they cost about $200 each and these were made for about $10 to $15 each. #12 ADJOURNMENT: On a motion by Mr. Potempa, seconded by Mr. Baldwin, and carrying unanimously, the meeting was declared adjourned at 7:26 p.m. %' jJr~/ xlc.z4~'Y:--' ~, City of SCh~Z, Texas ATTEST: /V.J ~~'A~ ~~~retarY;-City of ~cnertz