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