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ccreg 10-03-1995 REGULAR MEETING OF THE CITY COUNCIL October 3, 1995 The Schertz City Council convened in Regular Session on Tuesday, October 3, 1995 at 7:00 p.m. in the Council Chambers of the Municipal Complex, 1400 Schertz Parkway, Schertz, Texas. The following members were present: Mayor Hal Baldwin, presiding; Charles McDonald; Joe Potempa; Earl Sawyer; Timothy Swinney and Ken Greenwald. Staff present were City Manager Kerry Sweatt and City Secretary Norma Althouse. Mayor Baldwin asked everyone to rise and join him in the Pledge of Allegiance to the flag. # 1 APPROVAL OF MINUTES: A. B. Special Session 8-30-95 Regu1~r Session 9-05-95 Mr. Swinney asked that in the minutes of 9-05-95, the sixth paragraph, start of the fourth sentence, under Item #2, Hearing of Residents, it be changed from Novelle Lauriette Knowlton-Freidman to Nobel Laureate Knowlton Freidman. Mr. Greenwald moved to approve the minutes, as written, for the Special Session 8-30-95 and the minutes, as amended, for the Regular Session 9-05-95. Mr. Potempa seconded the motion, which carried with the following votes: AYES: Councilmembers McDonald, Potempa, Sawyer, Swinney and Greenwald. NAYS: None. #2 HEARING OF RESIDENTS: speak on agenda items (other items not on the agenda, will Those citizens wishing than public hearing items) be heard at this time. to or A. Roger Nichols of 120 Webster came to speak on matters regarding property being purchased by the County which the Council is holding a public hearing on this evening, so Mr. Nichols was advised to wait until the public hearing to make his comments. B. Mike Rodriguez of 514 River Road spoke regarding truck traffic on residential streets. There is an extreme amount of truck traffic on River Road, and there should be a limit. It starts at 7:30 in the morning and doesn't stop all day long. His family can't go about their daily business at the house because of the hazards involved. Mr. Rodriguez wondered who they can turn to for help. Is the problem going to be addressed? Mayor Baldwin replied there is an ordinance on the agenda regarding load limits on River Road. Council will talk -1- about it at that time. C. Mr. Bennie Thornbrough of 510 River Road also spoke on truck traffic. It seems to him the eighteen wheelers are going through faster than they're supposed to. One day he counted six of them coming down River Road at the same time. Some of the residents called the owner of the property to which these trucks are traveling and he told them not to worry about it, it's none of their business, and this will be going on for about a month. D. B.G. McDaris of 600 River Road also spoke about the truck traffic. He lives on the corner of River Road and Bubbling Springs. The trucks travel down to Bubbling Springs and dump their loads. It's gravel road all the way down to the dump and it has created a real dust problem. Everything is saturated with dust. E. and they Walter Mayor get to Vestal had signed up to speak on tax Baldwin explained they will reserve that particular item on the agenda. abatement him until F. Betty Addie, who had also signed up to speak on tax abatement for Vestal Steel, was similarly asked to wait until Council gets to that particular item on the agenda. #3 PUBLIC HEARING: To Receive Citizen Input on a Request from James Sagebiel, on behalf of Guadalupe County Annex Offices, to rezone five (5) acres of land from Single-Family Dwelling District (R-l) to Public Use. Mayor Baldwin announced that Judge Sagebiel and Commissioner Brannon are at the meeting this evening. Mr. Sweatt suggested Council conduct the public hearing inasmuch as tonight was scheduled as the date for it. As the result of an inquiry yesterday from Mr. Nichols, it was determined a notice describing a tract of land from FM 3009 to what was specified as the southeast corner of the Greenfield Subdivision was an improper/incorrect notice of the property being considered for rezoning. Notices were sent to property owners advising them of a public hearing scheduled for tonight. In that notice, the five acres is correct and the current zoning as R-l is correct, but the location is incorrect. The property incorrectly described is actually a 9.68 acre tract which lies below FM 3009 all the way to the drainage ditch on Elbel Road. The property to be considered for rezoning is approximately 325' southwest of FM 3009 and bounded by Elbel Road on the southwest and Greenfield Village on the northeast. Because of the incorrect notice, it is recommended Council hear testimony tonight, but refer the matter back to the Planning and Zoning Commission to allow proper notices to be drawn. This will result in a second public hearing by Planning and Zoning on the 24th of October and a second public hearing before City Council on November 7th. -2- Mr. Sweatt reminded Council they have in their packets copies of the notices sent, copies of the application from Guadalupe County and copies of several replies from citizens. The request itself has to do with Guadalupe County placing a Court House Annex on the south part of this property. Judge Sagebiel thanked Council for the opportunity to make a short presentation. He was sorry if they caused the confusion with identifying the exact location of the property. This was not an easy decision. Commissioner Brannon spent in excess of a year trying to evaluate property to determine a good location that would serve not only Schertz, but also Cibolo and Marion. They feel this five acre tract will serve the County well for many years to come. It will provide more than adequate parking, it will give the County the opportunity to establish a number of offices out here that do not currently exist and also offices such as the tax office and juvenile probation office which they currently have in Schertz, but have outgrown. If the rezoning is approved, construction will probably start around the first part of 1996. Mr. Potempa asked why the County never considered putting a sheriff's sub-station in Schertz and Judge Sagebiel replied the current sheriff does not see the need for one. The annex plans do contain office space for a future sheriff. Mr. Nichols of l20 Webster expressed his concerns at this time. Procedurally he was concerned that the wrong tract of land had been indicated in the public hearing notice and the letters to the property owners. He understands that a number of replies from property owners were received, but obviously if the letters were erroneous, they came to an erroneous conclusion. Substantively he has two concerns. The first is about who's going to buy the remaining four acres, out of the nine-acre tract, which the County is not going to use. Since the property is very expensive, he doesn't foresee anyone building houses there, so that leaves the possibility of something like a Hardee's or a Texaco. The second concern is, that regardless of citizen input, it comes across that this property had been bought and paid for before the Planning and Zoning Commission meeting, before this Council meeting and before any citizen feedback. It appears to have been a done deal. If in fact this is true, the citizens have abrogated their authority. Why, then, the charade of sending out letters? Mr. Swinney commented he didn't think beforehand knowledge, by the Council, of was doing as far as purchasing the land. there was any what the County -3- Judge Sagebiel related that when they were looking into the situation, they were aware the property was zoned, but he would have sworn it was zoned for commercial use. In one of Mr. Brannon's conversations with City Staff, he was informed it was zoned for residential and they would need to apply for a zoning change. There was, however, no guarantee it would be approved. As far as their time line, they held off as long as they could. They had already had one meeting with the Planning and Zoning Commission before they ever signed any papers. The actual purchase wasn't consummated until about two weeks ago. At that time there was every indication the property would be rezoned. Judge Sagebiel commented they're not that familiar, on the County level, with zoning and he wasn't aware you could come in with a "what if" situation. The County likes to know that people own the property when they asked to do something with it. Mr. Brannon commented the County didn't buy the property until after the second zoning meeting with the Commission. Maybe he misunderstood from City Staff that they couldn't rezone unless they owned the property. This has to be similar to the deal by the school district when they bought the property for the new school. There had to be zoning taking place after they bought the property. Mayor Baldwin told Mr. Brannon the Planning and Zoning Commission does not approve zoning changes, they are approved only by the Council. Also, the school district had an agreement with Mr. Biegert to buy his property contingent on the zoning being approved by Council. Mr. Nichols emphasized he wasn't here to cast dispersions. His concern is conduct by a Commission apparently making strong semi-guarantees to people. We have here a procedural problem and a done deal. Mayor Baldwin disagreed and reminded Mr. Nichols the Council does not always go along with recommendations made by the Planning and Zoning Commission. He doesn't know how the Council will vote on this request, but if it's not approved, the County will deal with it. Mr. Sawyer asked Mr. Nichols if his main worry isn't the frontage on FM 3009 and Mr. Nichols admitted that's one of his concerns. Mr. Sawyer then went on to say you can't build in a flood plain and someone would need lots of money to bring that property up out of the flood plain. Mayor Baldwin remarked, concerning the remaining four acres, that all of FM 3009, from IH-35 to FM 78, falls into an overlay district where there are super restrictive rules for doing anything as far as developing the property. As long as that property remains zoned R-l, there is lots of protection and should someone propose to develop it, there will be ample opportunity for citizens to give their input. Mr. McDonald mentioned he envisions medical clinics being -4- built in are a lot clinics will Schertz in the next several years of military people in the area be non-existent in the future. because there and military Mr. Sawyer asked about the number of letters sent out and Mr. Sweatt answered 19 letters were sent to property owners with 4 being returned in favor of the zoning change and 2 being returned against it. Mr. Sweatt acknowledged the change in the description of the property may result in a change to the mailing list. There being no further discussion or questions, Mayor Baldwin declared the public hearing closed. #4 ORDINANCE: Consider and take action on first reading of an ordinance rezoning five (5) acres of land from Single-Family Dwelling District (R-l) to Public Use. Mr. Greenwald moved to refer the request for rezoning, from the Guadalupe County annex offices, back to the Planning and Zoning Commission for further action. Mr. Swinney seconded the motion, which carried with the following votes: AYES: Councilmembers McDonald, Potempa, Sawyer, Swinney and Greenwald. NAYS: None. At this time moved to Items the agenda. Mayor Baldwin, with Council's permission, #7, #8 and #9, and then to Item #l5 on #7 proposed Zone. PUBLIC HEARING: To receive citizen input on the Vestal Steel Specialties Incorporated Reinvestment Mr. Sweatt advised this was the date set for a public hearing on dealing with the creation of a reinvestment zone for Vestal Steel Specialties Incorporated. It is a 56 acre tract located on FM 3009 and the reinvestment zone would include the entire tract. A reinvestment zone is described under the State Statutes as a special incentive package to create industrial and economic development activities. Mr. Vestal is present this evening to speak about the development of the property. Mr. Vestal may have. questions at told Council he was here to any Council agreed he answered the workshop last week. questions they all of their Mayor Baldwin declared the public hearing closed. #8 ORDINANCE: Consider and take action on reading of an ordinance establishing a Reinvestment for Vestal Steel Specialties Incorporated. first Zone -5- ,- ,. Mayor Baldwin introduced an ordinance and read the caption as follows: AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, ESTABLISHING THE VESTAL STEEL REINVESTMENT ZONE. Mr. Sweatt corrected his previous statement and said the reinvestment zone consists of 39.344 acres rather than the entire 56 acre tract. Mayor Baldwin asked if there would be no reason to come back later and asked for the remainder of the property to be in a reinvestment zone. Mr. Vestal answered the remainder of the property is in a flood,prone area. Mr. Potempa moved to approve the first reading of an ordinance establishing the Vestal Steel Reinvestment Zone. Mr. sawyer seconded the motion, which carried with the following votes: AYES: Councilmembers McDonald, Potempa, Sawyer, Swinney and Greenwald. NAYS: None. #9 ORDINANCE: Consider and take reading of an ordinance approving Tax Abatement Agreement with Vestal Incorporated. action on first Abatement and Tax Steel SpeCialties Mayor Baldwin introduced an ordinance and read the caption as follows: AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, APPROVING A TAX ABATEMENT AND A TAX ABATEMENT AGREEMENT FOR AND WITH VESTAL STEEL SPECIALTIES, INC. Mr. Sweatt related that upon the establishment of a reinvestment zone, the way is cleared to authorize a tax abatement agreement. The matter has gone before the Economic Development Commission with a favorable response. Under the standard criteria, Mr. Vestal's property along with the proposed improvements of $730,000, make him eligible for a 50.82% tax abatement agreement for a period of six years. The net revenues represent $8.67 for every $1.00 in cost. We believe this is a good deal for the City, for Mr. Vestal and for the community in general. -6- Mr. McDonald moved to approve a tax abatement and tax abatement agreement for and with Vestal Steel Specialties, Inc. Mr. Greenwald seconded the motion, which carried with the following votes: AYES: Councilmembers McDonald, Potempa, Sawyer, Swinney and Greenwald. NAYS: None. #15 ORDINANCE: Consider and take action reading of an ordinance amending the Code of regarding load limits on River Road. on first Ordinances Mayor Baldwin 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 l8, ARTICLE II, SECTION l8-45 OF SAID CODE, PROVIDING FOR RESTRICTIVE VEHICLE WEIGHT LIMITS OF FIFTEEN THOUSAND (15,000) POUNDS TO BE PLACED ON CERTAIN STREETS; AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT. Mr. Sweatt advised Council it appears the property owner has intentions to continue to fill a hole in the area of Bubbling Springs Road and River Road. There may be hauling of dirt for some time and of course that means a lot of truck traffic. The City has exhausted its control techniques. Police vehicles have been in and out of the area on a regular basis. They have attempted to deal with the problem of dirt blowing from the dump trucks, but trucks are not required to tarp unless they are driving above 30 mph. The speed limit in the subdivision is 20 mph. The area from the termination point at River Road and Bubbling Springs becomes an easement and we don't have an efficient way of controlling the dust. It seems the most effective way to deal with the situation is to establish load limits on River Road from FM 78 to its termination. After looking at the area, it would behoove the City to also establish load limits on Cloverleaf from FM 78 to its termination and on Bubbling Springs Road from FM 78 to its termination. Mr. Potempa asked why a load limit of 15,000 pounds. Is that to prevent 18 wheelers from driving on those roads? Mr. Sweatt replied most l8 wheelers would exceed 15,000 pounds and we could cite them for violation of the ordinance. This load limit is not intended to prevent school busses, garbage trucks or delivery trucks from entering the area. Mr. Swinney wondered if some trucks may take a quarter load or half load to get around the ordinance. Mr. Sweatt -7- admitted that's a possibility. Mr. Potempa questioned if there's any other way to get into the property where the hole is. Mr. Sweatt answered he doesn't think so. Several residents of River Road expressed frustrations with the constant truck traffic hauling and other miscellaneous material to fill the hole. claim it has been going on for years and the hole is half-filled. their dirt They only Mr. McDonald asked if any permits are required and Mr. Sweatt answered once the property owner gets above the natural ground, then it can be controlled under the flood plain regulations, but today he is filling a hole and that is not prohibited under the flood plain regulations. There was further discussion about whether or not anything is being dumped which is harmful to the environment, about why this property owner, who is a businessman, is being so irresponsible, and about the length of time it takes to get an ordinance approved and make it effective. Mr. McDonald asked if Council can take emergency action on this ordinance at the next workshop session and Mr. Sweatt replied they could do that. Mr. Sawyer moved to put approval of this ordinance on the workshop agenda next week as an emergency action. Mr. Potempa seconded the motion. Mayor Baldwin indicated they can vote on the first reading tonight and have an action item for the final reading at the workshop next week, so an emergency isn't needed. After Sawyer area, of the further discussion about the dust problem, with Mr. suggesting CCMA be approached about blacktopping the Mayor Baldwin asked for a vote on the first reading ordinance. Mr. McDonald moved to approve the first reading of an ordinance amending the Code of Ordinances regarding load limits on River Road. Mr. Potempa seconded the motion. Before the vote, Mr. Swinney asked if, because it will be worthless if they can circumvent it, the ordinance could be taken down to the typical empty weight of a truck. Mayor Baldwin suggested thinking about it before the weight is dropped too much. One of truck trucks doesn't users. the citizens present asked about restricting the traffic to only certain vehicles like the various used by utilities. Mr. Sweatt emphasized he feel the City can restrict truck traffic to named -8- Mr. Sawyer suggested prohibiting "through truck" traffic. Mr. Sweatt said he would check with the City Attorney regarding that suggestion. Mr. Swinney wanted to know if it would be more practical to say in the ordinance what can be hauled versus regulating the weight. Mr. Sawyer told Council to keep in mind we're keeping the owner from getting to his property. Mayor Baldwin added the weight limit is enforceable, but when you add specifics to it of what can be hauled, you're opening up a lot of legal situations the City may not be able to win in court. Mr. Swinney then asked how the trucks will be weighed and Mr. Sweatt related they have made arrangements on other occasions to go to a truck weighing station. Mr. McDonald wondered if there will be, a water problem on River Road as a result of the dumping and Mayor Baldwin mentioned he thinks that's something else the city Attorney should check on. Mr. dirt? roots, Greenwald asked what they're dumping. Is One of the citizens replied no, he has debris, and asphalt-looking rocks. it seen just tree Before asking for a vote, Mayor Baldwin told Mr. Sweatt that even though he has the highest respect for him, he would like to see it in writing from the powers that be regarding flood plains, that the property owner can fill the hole until he gets to the natural level without disturbing the flood plain. The vote was taken at this time and the motion carried with the following results: AYES: Councilmembers McDonald, Greenwald. Potempa, Sawyer and NAYS: Councilmember Swinney. Council took a ten minute break before continuing the meeting. #5 ORDINANCE: Consider and take action on reading of an ordinance establishing a Reinvestment for Intsel Southwest Incorporated. final Zone Mayor Baldwin introduced an ordinance and read the caption as follows: ORDINANCE NO. 95-T-28 BY THE CITY COUNCIL OF THE TEXAS, ESTABLISHING THE REINVESTMENT ZONE. CITY OF INTSEL SCHERTZ, SOUTHWEST -9- Mr. Sawyer moved to approve the final reading ordinance establishing a Reinvestment Zone for Southwest Incorporated. Mr. McDonald seconded the which carried with the following votes: of an Intsel motion, AYES: Councilmembers McDonald, Potempa, Sawyer, Swinney and Greenwald. NAYS: None. #6 ORDINANCE: Consider and take action on reading of an ordinance approving Tax Abatement and Abatement Agreement with Intsel Southwest Incorporated. final Tax Mayor Baldwin introduced an ordinance and read the caption as follows: ORDINANCE NO. 95-T-29, BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, APPROVING A TAX ABATEMENT AND A TAX ABATEMENT AGREEMENT FOR AND WITH INTSEL SOUTHWEST, A PROPERTY OWNER IN THE CITY OF SCHERTZ. Mr. Potempa moved to approve the final reading of an ordinance approving a Tax Abatement and Tax Abatement Agreement with Intsel Southwest Incorporated. Mr. McDonald seconded the motion, which carried with the following votes: AYES: Councilmembers McDonald, Potempa, Sawyer, Swinney and Greenwald. NAYS: None. Items #7, 8 and 9 had already been addressed, so Mayor Baldwin moved to Item #lO. #lO ORDINANCE: Consider and take action on first reading of an ordinance approving a Tax Abatement for Alamo Holly. Mayor Baldwin introduced an ordinance and read the caption as follows: AN ORDINANCE BY THE CITY COUNCIL OF TEXAS, APPROVING A TAX ABATEMENT AGREEMENT FOR SALES AND SERVICE, INC., CITY OF SCHERTZ. THE CITY ABATEMENT AND WITH A PROPERTY OF SCHERTZ, AND A TAX ALAMO HOLLY v.....<.R IN THE -10- Mr. Sawyer moved to approve the first reading of an ordinance approving a Tax Abatement for Alamo Holly. Mr. Potempa seconded the motion, which carried with the following votes: AYES: Councilmembers McDonald, Potempa, Sawyer, Swinney and Greenwald. NAYS: None. #ll RULES OF PROCEDURE: Consider and take action on approving BOA Rules of Procedure. Mr. Potempa moved to approve the BOA Rules of Procedure. Mr. McDonald seconded the motion, which carried with the following votes: AYES: Councilmembers McDonald, Potempa, Sawyer, Swinney and Greenwald. NAYS: None. #12 ORDINANCE: Consider and take action reading of an ordinance creating a fund in Treasury which will be named Municipal Court Security Fund. on first the City Building AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, PROVIDING THAT CHAPTER 12 OF THE CODE OF ORDINANCES, CITY OF SCHERTZ, TEXAS, BE AMENDED BY ADDING SECTION l2-8, FORMATION OF MUNICIPAL COURT BUILDING SECURITY FUND AND COLLECTION OF SECURITY FEE, SECTION 12-9, DISPOSITION OF MUNICIPAL COURT BUILDING SECURITY FUND, SECTION l2-10, ADMINISTRATION OF MUNICIPAL COURT BUILDING SECURITY FUND, AND SECTION 12-1l, DEFINITION OF CONVICTED PERSON; AND PROVIDING AN EFFECTIVE DATE. Mr. Potempa moved to approve the first reading of ordinance creating a fund in the City Treasury which be named Municipal Court Building Security Fund. Swinney seconded the motion, which carried with following votes: an will Mr. the AYES: Councilmembers McDonald, Potempa, Sawyer, Swinney and Greenwald. NAYS: None. #13 BID AWARD: Consider and take action on awarding bid for brush chipper. Mr. Sweatt advised they project. One from Vermeer received two bids for this Equipment of Texas for $l8,823 -11- and one from Nichols Machinery Co. for $21,800. The City has a grant from TNRCC, through AACOG, for $ll,OOO toward the purchase as part of a recycling and demonstration project. It is recommended the bid be awarded to Vermeer Equipment of Texas. Mr. Swinney moved to award the bid for the brush to Vermeer Equipment of Texas in the amount of Mr. Greenwald seconded the motion, which carried following votes: chipper $l8,823. with the AYES: Councilmembers McDonald, Potempa, Sawyer, Swinney and Greenwald. NAYS: NONE. #l4 NOMINATION: Consider and take action. regarding resolution nominating a member to Board of Directors of the Guadalupe County Appraisal District. Mayor Baldwin introduced a resolution and read it as follows: RESOLUTION NO. 95-R-13 BY THE CITY COUNCIL OF THE TEXAS, NOMINATING A MEMBER DIRECTORS OF THE GUADALUPE DISTRICT. CITY OF TO THE COUNTY SCHERTZ, BOARD OF APPRAISAL BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCh""...., TEXAS : THAT Sylvia Schlather is hereby nominated as a member of the Board of Directors of the Guadalupe County Appraisal District. Mr. Potempa moved to approve the resolution nominating a member to the Board of Directors of the Guadalupe County Appraisal District. Mr. Swinney seconded the motion, which carried with the following votes: AYES: Councilmembers MCDonald, Potempa, Sawyer, swinney and Greenwald. NAYS: None. Item #15 having already been discussed, Council moved to Item #16 on the agenda. #16 CITY MANAGER'S REPORT: There was none. #l7 ITEMS BY COUNCIL: Mr. Greenwald: A. Reported attending a Cibolo Valley Alcohol and Drug Abuse Council (CVADAC) meeting last night. About two years the Texas Council of Alcohol and Drug Abuse (TCADA) cut the funding and the Guadalupe County Alcohol and Drug Abuse Council was -12- supposed to pick up the assessment and counciling portions. This year that budget is being cut by 43%, so CVADAC may be asking for help to get their funding back. B. Congratulated Judge Cinnamon for being named to the SCUC ISD Hall of Honor. He's a very worthy individual who's become a model for everyone around the State. Mr. Swinney: bathrooms at approximately working on an Thanked Boy Scout Troop 171 for painting the the Schertz Park. This was a group of twenty-four out of Universal City who were Eagle Scout project. Mr. SawYer: A. Congratulated Judge Cinnamon and said he was real proud he put him to work as a Judge for the City. It was one of the high points of his political career. B. Mentioned two complaints he had received and related on to Mr. Sweatt. One was about a yard which was getting too crowded again and the problem was resolved. The other was about a sign that was up in front of the Schertz Bank for about three weeks. It was put there by Universal City saying that Aviation Blvd. was closed all the way to Trudy Lane. Mr. to Mr. the Potempa: Told Judge Cinnamon he was glad he leave Oklahoma and come down to the city of Potempa mentioned the Judge is doing a great City. decided Schertz. job for Mr. McDonald: A. Asked if the City has an ordinance about parking motor homes on the street. Mr. Sweatt replied he thinks there's something about leaving them running for a period of time, but he doesn't think there's anything about them being parked. Mr. McDonald commented there's been one parked in the 900 block of Dimrock for about a month now. Mr. Sweatt promised to check into it. B. Remarked there's lot of earth moving going on in Woodland Oaks. When the plats are approved, the Commission is looking at maps. Does anyone get out and actually look at the property after a project is started? He has some concerns about drainage due to the excavation going on behind him. They told him the street would be taken care of by underground drainage, but if so, the water is going to have come down the street in two directions and go into a drain coming on down toward his property. His street drains to the same terminus. If they need it 90 degrees, then they'll make a 90 degree turn and he's never seen water do that. Mr. Sawyer observed the engineer is supposed to be keeping track of that. C. Noted he had fussed quite extensively at the City Inspector when Dover was filling up a land area at the dead end of Dimrock where the cul-de-sac is because they didn't want to haul dirt over to River Road. Now dirt is being hauled over to River Road. The point being we take -13- problems one from area and create problems in another area. Mr. Sweatt pointed out it is not against the law to pile dirt up and Mr. McDonald emphasized they were closing up the ditch and narrowed the channel quite a bit. The fact they're now moving the dirt supports his theory they need to be looking at projects in person, rather than just on paper. Mr. Sawyer commented even if he were looking, he wouldn't know what he was looking at because he's not an engineer. Mr. Swinney, speaking of looking, asked if a tour of the City is still in the plans to be scheduled and Mr. Sweatt replied they can do that. Judge Leroy Cinnamon spoke at this time saying when he accepted his position with the City, the job was smaller and the City was smaller and no one could foresee the growth we're experiencing today. He told the Council that at the time he was appointed he felt honored, and he still does. They've come a long way. Judge Cinnamon commented the night he brought the idea for the Teen Court before Council, they listened intently and backed him all the way. That first year they had 36 people and this year they will have over 200. He thanked Council for their ongoing support and promised to continue to do the best he can. # 18 ITEMS BY MAYOR: A. Commented on the letter American Freightways in Mr. Sweatt's report and said statistics reported in the letter are amazing. from the B. Thanked Mr. Sweatt for his response to complaints. C. Announced he and Mr. Sweatt sat in on a meeting this afternoon with an environmental engineer from RAFB who brought us a draft finding of no significant impact for construction of the new fire training area. Mr. Sweatt has a copy of the document if anyone wishes to see it. #19 ADJOURNMENT: On a motion by Mr. Potempa, seconded by Mr. Swinney and unanimously carried" the meeting was adjourned at 8:52 p.m. ~~ Mayor, City of Schertz, Texas ATTEST: ~~":".e-/ City Secretary, City of Schertz -14-