07-26-1988 _..,.,r.
xt,..hpL
PLANNING ~iI~TD ZONING MINUTES
The Schertz Planning. and Zoning Commission convened in a regular
session on Tuesday, July 26, 1988 at 7:00 P.M. in the Municipal
Complex Conference Room, 1400 Schertz Parkway. Those present
were as follows:
PLANNING & ZONING COMMISSION OTHERS PRESENT
BOB ANDREWS, CHAIRMAN MAYOR EARL W. SAWYER
TY BRISGILL, VICE-CHAIRMAN COUNCILMAN HAL BALDWIN
MERWIN WILLMAN COUNCILMAN RAY STANHOPE
MARY MARSH COUNCILMAN ADOLPH AGUILAR
.JOE POTEMPA COUNTY COMMISSIONER,
KEN GREENWALD, COUNCILMAN JAMES BRANNON
LAURA GLENEWINKEL, HERALD
MEMBERS ABSENT LIFE NEWSPAPER
JIM SHRIVER, SCHERTZ
KEITH VAN DINE, SECRETARY BUSINESS CLUB
GEORGE VICK FLOYD MCKEE, STONE CREEK
RV PARK
CITY STAFF DOUG MCKEE, STONE CREEK
RV PARK
STEVE SIMONSON, CITY MANAGER HOWARD JENNINGS, MEDIPURE
NORMA ALTHOUSE, RECORDING SECY. BOB NELSON, MEDIPURE
#1 CALL TO ORDER
Chairman Andrews called the meeting to order at 7:00 P.M.
tt2 APPROVAL OF MINUTES: Regular Session July 12, 1988
Mary Marsh made a motion to approve the minutes for the regular
session July 12, 1988. Merwin Willman seconded the motion and
the vote was unanimous in favor. Motion carried.
#3 CITIZENS' INPUT OTHER THAN AGENDA ITEMS
There was none.
At this time a joint City Council and Planning and Zoning
Commission meeting was held for the purpose of hearing a
presentation from MediPure, Inc. for a facility that processes
the incineration of infectious and biomedical waste.
Howard Jennings and Bob Nelson of MediPure made the presentation.
Howard Jennings spoke while Bob Nelson showed charts and drawings
to help emphasize and visualize the information being presented.
Mr. Jennings said they are requesting a Specific Use Permit at
17051 IH-35 North and showed an aerial view of the proposed site
and listed the land use within a one-half mile radius and also a
one-mile radius of the proposed site.
The economic benefits to Schertz will be: ta) 35 to 40 jobs, (b)
activating an unused resource (the building has been empty for
approximately 19 months), (c) a 2 million dollar investment
initially with projections of a 6 million dollar investment over
5 years, and (d) high use of revenue producing utilities. Mr.
Jennings pointed out there is a high growth potential in the
medical industry which will create even more need for this type
of facility.
Mr. Jennings stated it is a clean and environmentally safe
industry which has over 500 minimum standards that must be met or
exceeded by MediPure. Those organizations setting the standards
are the Texas Department of Health, the Texas Air Control Board,
The Railroad Commission, The Environmental Protection Agency, The
Center for Disease Control and local, state and federal agencies.
Mr. Jennings informed those present that in March of this year
MediPure's incineration process had been named by the Texas Air
Control Board as the most technically sound "state of the art"
incineration process in Texas. Mr. Jennings emphasized that his
family comprises the corporate end of the business and you can
therefore be assured that they want it to be environmentally safe
and clean.
Mr. Jennings then explained the process: An incinerator is used
tc reduce waste to sterile ash and a gaseous hot air at 1200 to
1350 degrees Farenheit. The sterile ash is removed in an
-environmentally protected ash container. The gaseous hot air is
sterilized at 2000 degrees Farenheit and retained for a minimum
of two (2) seconds in this reaction and retention chamber before
entering the scrubber for additional cleansing.
TtiThen c:.tcring the scrubber, a small amount of particulate
material (ash> is suspended in the hot air. The air is bombarded
7_r.to circulating water cn the inner surface of the funnel where
the particulate is collected and the air is coaled. The air then
passes up through a neutralizing caustic solution, sodium
hydroxide, prior to environmentally safe emission to the
atmosphere. The liquid waste generated is salt water similar to
the backwash from your water softener at home.
Mr. Jennings said the Community Right-to-Know Act of 1986,
Article 313, states that all major industries must report their
estimated emissions, but incinerators were exempted from that
Act. Mr. Jennings stressed, however, that as part of MediPure's
good neighbor policy, they will report all emissions and waste
water chemistry to the City of Schertz. Mr. Jennings further
stated that actual emissions will be monitored by the Texas Air
Control Board and the City waste water emissions department.
Charts were then presented showing the emissions, the acidity
factor of the waste water and the disposal rate of the waste
water generated by this incineration process. Emissions of 0.49
lbs/hour of hydrogen chloride gas and 0.11 lbs/hour of volatile
organic compounds were compared to the emission of 0.45 lbs. of
-2-
carbon monoxide and-0.13 lbs. of oxides of nitrogen per hour by a
vehicle traveling 55 miles per hour. Emissions of 0.008 lbs/hour
of chlorine were compared to 4 ounces of chlorine used to purify
a standard size swimming pool saying it would take 8 hours of
operation for 4 days to generate that equivalent of chlorine.
The acidity factor of the waste water is 6.8 to 7.0 in comparison
to drinking water pH as 6.0 to 7.0., and the disposal rate is
approximately 55 gallons per hour.
The safety features of the business include adequate entrance and
exit to and from the site, compliance with all Texas vehicle
regulations, vehicles being locked during transport of waste,
sealed containers, steamed sterilization, and availability of
emergency numbers in case of accident.
The presentation was concluded by once again pointing out the
benefits to Schertz of 35 to 40 jobs, an expanded tax base, a new
industry that's clean and environmentally safe, and a business
that wants to be a good neighbor.
At this time Mr. Jennings answered questions.
Commissioner James Brannon asked if they have a system that will
cancel cut radioactive material. Howard Jennings replied they
have a scale on their trucks for weighing the waste at the site
of origination and this scale has a radioactive detector on it.
If the detector indicates there is radioactive material in the
waste, the waste will be left at the site and not transported
anywhere by MediPure. When waste reaches the incineration
facility it is weighed and checked again for radioactive
material. Mr. Jennings said they constantly monitor the chemical
matte-up of the sterile ash.
Hal Baldwin asked what is done with the sterile ash. Mr.
Jennings replied that a class one landfill will pick up the ash
and take it to their facility. MediPure requires exact
coordinates as to exactly where the ash is buried.
Hal Baldwin then asked what happens if for some reason the
sterile ash container is damaged enraute to the landfill,
allowing ash to penetrate the air. Howard Jennings replied that,
due to the process used by MediPure, the ash is wet and will net
fly around in the air. Mr. Jennings also said that according to
law, MediPure must collect all the ash and return it to their
site.
Adolph Aguilar asked where and how the sterile ash is emptied
when being readied fcr transport to the landfill. Howard
Jennings said the sterile ash is emptied on their site from its's
environmentally protected ash container into the container of the
class ane landfill and transported by the class one landfill's
truck to it's destination.
i
-3-
Ray Stanhope questioned t_he amount of burning time as to whether
~it would be for 8 hours or if they are looking at two shifts.
Howard Jennings said they are looking eventually at two shifts,
but realistically they will probably start with just 8 hours of
burning.
Ty Brisgill asked if the predominating wind factor had been
checked and was told it had been.
Ty Brisgill also asked about any training of the fire and police
departments that would be needed. Howard Jennings said MediPure
will train the police and fire departments in what types of
materials they burn. Mr. Jennings said they intend to put a
sprinkler system in the building and also pointed out they have
the facilities to freeze waste at 32 degrees or below for up to
90 days if necessary.
.Hal Baldwin asked what types of materials they handle and was
informed they are classified as non-hazardous.
Mary Marsh asked how they know what type of waste they have and
how they get it to their facility. Howard Jennings replied that
MediPure provides it's customers (generators) with serial
n7.mbered bar code labeling which will include the generator's
name and location, the EPA's ID number, the U.S. Dept. of
Transportation`s shipping number and the manifest serial number.
Properly packaged containers have bar coded contents listed by
departments such as blood, tissue, etc. The customer puts the
waste in a bag which is sealed when full, then the bag goes in a
corrugated box with a liner and the box is sealed when full. The
boxes are then placed in the storage area awaiting pick-up by
MediPure. The customer contacts MediPure to advise them of the
r.~kmber of containers to be collected. Through bar coding,
electronic data and video film, the specific documentation
required to assure traceability of the waste from the generator's
location through it's collection, transportation, unloading,
freezing and destruction is provided and supported.
Each container will be bar coded by the generator and weighed at
the generator's facility by MediPure personnel prior to container
acceptance. A portable scale with digital readout in conjunction
with bar code scanning provides an exact identity of each
container. The manifest is written on sight by computer printer
based on the data acquired. The generator and MediPure personnel
sign the manifest confirming collection and the generator keeps a
receipt of same. Radiation detection will monitor all containers
during weighing to isolate waste not acceptable or allowed by
permit.
When containers are destroyed, the manifest is signed and dated
by the incinerator operations manager certifying that destruction
was completed as contracted and a copy returned to the generator
with a certificate of destruction indicating by whom and when the
sterile ash was removed and in which landfill it was deposited.
-4-
„ ".~i°SY-3Si)::~+-a+r~'^~•Nt%SLi:S.ivSatdv5i5iuLt3.iYivaYlyA6.~lLif:SSS£f3ti2E>cYflix:Edit :N4tr5~w1fi4kE>tiiS:J:S61YE94RtiiiLYdKid,Sl,Ytai4.ri'2)25).id$itiF:i.'.SL4hV).v)S[C$'difSiLxYrd4~Qa{)4T8lSFGG:.4YCIi,{:jq '7~~i"
f The waste is transported from the generator's location to the
incineration facility by qualified personnel driving MediPure
vehicles (similar to UPS vans? which have stainless steel floors
with trough design to safely contain any potential container leak
t> or accidental waste spill in the vehicle. It is transported to
the MediPure facility and incinerated the same day or frozen
until incineration is scheduled.
Mary Marsh asked if MediPure employees ever touch the waste and
was informed by Mr. Jennings that the employees wear disposable
gloves and aprons when handling containers.
Joe Potempa ask if MediPure has other facilities operating and if
so, where are they located. Howard Jennings said this would be
their first facility.
Ray Stanhope asked about the noise factor from generators and was
informed they do not have generators, they have fans. Howard
Jennings said there should be no noise problem from the fans.
Steve Simonson asked how long they can hold material in case of a
breakdown. Howard Jennings replied that the freezer holds 68,OOG
pounds of waste and if need be, they would rent a reefer truck.
It was explained, by the representative of the equipment company
who was present at the meeting, that the breakdown is usually not
longer than overnight and normally the response time is under cne
hcur. The equipment services are located in San Antonio.
Adolph Aguilar asked what. type of fuel they use and was infcrmed
they use gas. Mr. Aguilar then asked if they ever have any
prcblem with the buildup cf pressures and was told they da rat.
Adolph Aguilar as)~ed where they sterilize. Howard Jennings said
as the truck backs in and is emptied, there is a section in the
building where it is steamed. The water from the sterilizatien
process goes back into the incinerator.
Mary Marsh asked if they have any statistics an emissions, say
for example, from hospitals that incinerate their awn. Howard
Jennings mentioned the bill that previously exempted hospitals
from having to have a permit far incinerating and allowed them to
operate at 4 pounds per hour emission cf chloride gas. Mr.
Jennings pointed out that bill will be eradicated as of August
21, 1988. Mr. Jennings also said the EPA did a study in 1987
called the "Hospital Waste Combustion" study and found that on an
average, hospitals were putting out 25 pcunds per hour of
hydrogen chloride gas. As Mr. Jennings stated once again, the
statistics fcr MediPure's facility estimate they will have an
emission per hour of 0.49 pounds of hydrogen chloride gas.
Adolph Aguilar asked the average distance of their customers.
Howard Jennings said he thought it would probably be just from
the surrounding counties and estimated a fifty mile range.
-5-
_
Chairman Andrews commented that it seems Mr. Jennings is saying
the change in regulations after August 21st will force hospitals
to either update their facilities or contract their biomedical
waste services with businesses such as MediPure. Howard Jennings
remarked that the growth opportunity is excellent.
Steve Simonson asked if they can expand in this facility and
Howard Jennings said yes,. they can grow very nicely.
Hal Baldwin asked to what other organizations MediPure had made
their presentation. Howard Jennings said they had made
presentations to the Texas Air Control Board, the Board of
Health, the Mental Health District and the San Antonio Zoning
Commission. Mr. Jennings went on to say they had a false start
in San Antonio due to a deed restriction. They had first
.proposed to locate at a site at IH-35 and Loop 410. Mr.
Jennings also said they started their market research in December
of 1987 and were able to get financial backing in March of this
year.
Hal Baldwin said then this is the second site you have picked out
on which to locate and Mr. Jennings conf firmed that statement.
Adolph Aguilar aslced if the waste they generate will stay in the
area. Howard Jennings said it most probable they will contract
with BFI whe has a class one landfill at Foster Ridge in San
Antonio.
Merwin Willman asked what l~ind of revenue they estimate will be
generated if they locate their facility in Schertz. Howard
Jennings answered they would generate a better property tax, they
would have 2 million dollars worth of equipment, they would
create 35 to 40 new jobs and have a high use of revenue producing
utilities.
Mary Marsh asked if they would recruit workers from the local
area and Howard Jennings said they prefer to do it that way. Mr.
Jennings also said he is in hopes they can get the infectious
nurse from Medical Center Hospital to do the training since, in
his. opinion, she is an expert on the handling of biomedical
waste.
Merwin Willman asked if CCMA has been contacted yet and Howard
Jennings said no, they usually don't contact the sewage
management facility until after the zoning has been approved.
Joe P;;tempa ask how it will effect the Mobile Home development
directly across the highway - will there be fumes or smoke.
Howard Jennings assured him there should be no problem. There
is no odor and the only time you might see a small cloud of white
smoke would be when the dew point inside and out is the same.
Mary Marsh asked how high the stacks are. Howard Jennings said
they vary in height, there`s ane at 20 feet, one at 22-feet, one
at 30 feet and one at 44 feet.
-6-
u. ,.,,x,,,........
~~,.a.......
Merwin _ Willman asked about fumes from the 30 foot stack and was
informed by Howard Jennings the 30 foot stack is fail safe, it
automatically shuts down if something goes wrong.
Merwin Willman asked if there will be State inspections after
they get set up and was informed there will be.
Chairman Andrews asked how often they check the sterile ash and
Howard Jennings said it is checked every hour and they also have
a third party analysis of the ash. Mr. Jennings said the air is
also checked regularly by the Texas Air Control Board.
The presentation and questions following the presentation were
concluded at 8:05 P.M.
#4 CONSIDER AND MAKE RECOMMENDATION: MediPure, Inc. - Request
for a Specific Use Permit at 17051 IH-35 North
Mary Marsh made a motion to recommend City Council schedule a
public hearing on the request frcm MediPure, Inc,. for a Specific
Use Permit at 17051 IH-35 North. (Mrs. Marsh recommended the
public hearing be scheduled as expeditiously as possible because
things can get out of hand by misinformation.) Ty Brisgill
set.o:~ded the motion and the vote was unanimous in favor. Motion
carried.
At this time there was a five minute break.
#5 CONSIDER AND TAKE APPROPRIATE ACTION: Floyd McKee - Request
for Variance to Mobile Hcme Ordinance to Allow
Backing of RV`s on the Outer Ring of Stcne
Creek RV Park
Floyd McKee was at the meeting tc represent this request.
Chairman Andrews asked for Staff input and was informed by Steve
Simonson there is none.
Chairman Andrews asked Floyd McKee what the width of the rcad is
around the outer ring and Mr. McKee replied it is a tctal of 26
feet - 24 feet paved and one foot on each side of the paved
surface .
Floyd McKee went on to pcint out the average RV space is 22 feet
and the spaces at Stone Creek RV Park are 37 feet making them
much safer.
Ty Brisgill made a motion to approve the request from Floyd McKee
for a variance to the Mobile Hame Ordinance, Section 14, Article
E, Page 31 to allow the backing of RV's in the cuter ring only cf
Stone Creep RV Parlr. Merwin Willman seccnded the motion and the
vote was unanimous in favor. Motion carried.
-7-
#6 CONSIDER AND TARE APPROPRIATE ACTION:. Updating the City
Plan (Discussion on the planning areas of the
City, including ETJ areas, as requested by Kim
Potempa. in her letter.)
Mary Marsh commented the only thing you can da is update it as
far as you can update it. For example, we cannot get new
population figures until the next census is taken which is 1990,
. therefore make a notation to that effect in the City Plan. The
same thing applies to the soils.
Chairman Andrews told the Commission that David Jackson, who at
one time had volunteered to help the Commission, has a good
breakdown of the planning areas of the City which might be
helpful to Kim Potempa.
#7 GENERAL DISCIISSION
Mary Marsh brought up the following:
(a) Commented on the progress of street repair in the City and
asked about the striping, specifically on Elbel Road. Steve
Simonson said the striping has already been scheduled. Mary
Marsh then asked if it is going to be two lanes or four lanes on
Elbel and Steve Simonson said four lanes. Mrs. Marsh Cher.
commented it will be so designated and clearly identifiable as a
four-lane road, and Steve .Simonson said that's correct. Mr.
Simonson also stated that the City is haying a roller sweeper.
(b) Brought up the problem of speeding. in Oal~ Forest citing
Circle Oak and Crest Oak as the two roads where the biggest
speeding problem exists. Mrs. Marsh asked, since the City`s not
putting up any mere signs, if they could possibly put in speed
bumps. Both Ken Greenwald and Steve Simonscn assured her the
liability is too great cn speed bumps. Steve Simonson said he
would check into the possibility of more signs and asked if they
wanted them facing in or out. Mary Marsh said they need theme
facing in.
(c) Asked if there is such a thing as a citizen's arrest or
citizen's citation in the City of Schertz. Chairman Andrews
commented there can be a citizen's arrest anywhere as long as the
complainant is willing tc go to court. Steve Simonson remarked
he is not familiar with any citizen's arrests or citations in the
City of Schertz.
Joe Potempa questioned Steve Simonson about businesses up along
IH-35, in particular the Dairy Queen which was supposed to have
been built. Mr. Simonson said it appears the plans to build the
Dairy Queen may have fallen through. Mr. Simonson did comment,
however, that SASA is heavily marketing Tri-County, so he expects
something will be going in there.
-8-
- , - , . _ . _ - ____.....,,._.___._.._._Y.__. _.____...__..~..o.....o._,...,......-,.._....,~...~,~,..,...,.,~.,a.,,~
Merwin Willman brought up the following:
(a) Asked the status of the right-of-way along the railroad which
parallels FM 78. Steve Simonson said the Highway Department is
currently asking for permission to go ahead with drawing right-
of-way metes and bounds. Mr. Simonson further stated the City
has received a letter of intent from the engineer which was good
enough for the Highway Department. Mr. Willman then asked the
projected date of the widening of FM 78 and Steve Simonson
replied he doesn't have one:
(b) Said the Commission should consider giving some kind of
warning to those businesses along FM 78 informing them that they
are going to have to remove their signs within five years. Ty
Brisgill said he thinks we should have a date on the upgrading of
FM 78 first. Steve Simonson noted that we need more definitive
information from the Highway Department and when we do receive
that information, it is his feeling that a committee should be
formed to determine exactly what we want that particular entrance
tc the City of Schertz to,:look like.
(c) Pointed out the new zoning map on the wall in the front
conference room and asked the Commissioners to take a look at it
and let him ]snow if they have any questions. Mr. Willman said
the plans are to have a public hearing on the map to accept it as
the official zoning map of the City cf Schertz. Mr. Willman also
stated that anytime an amendment is made to the zoning map, an
ordinance must be published, and there are several that have been
missed. Mr. Willman did say, however, that the City has been
infcrmed by it's attorney that if a public hearing is held cn the
map, that will take care of making it official.
Ty Erisgill ati==ked if ET Rentals, in the strip center across from
Pizza Hut, has permission for their trailer to advertise since he
always sees it parked in the visibility triangle at that corner.
Chairman Andrews said he has been keeping an eye on it since he
Lives in that area and it is their delivery trailer. Mr. Andrews
also said it is moved through the day to make deliveries and then
parked there again between times.
Chairman Andrews informed the Commission that Dr. Rose and Dr.
Huntzinger will be moving their offices from Aviation Blvd. in
Universal City to 100 FM 78 in Schertz as of next month. That is
the location where Dr. Geri Poss has her office.
Chairman Andrews asked when the Railroad is going to get the dirt
out from under the new bridge. Steve Simonson replied he has
been trying tc contact them, but has not been able to reach
anyone yet. Mr. Simonson also said they had promised to clean
it out and return it to the same grade level as when they
started.
Iien Greenwald said he had good news for several Commissioners -
the final documents on the Leon Parker case were signed today.
-9-
- At this time Jim Shriver asked permission to speak. Mr. Shriver-
- asked if the area where the Palms Apartments are located is zoned
for office space. Merwin Willman said the apartments were built
in 1956-57 before the City was incorporated and-are not zoned.
Mr. Shriver said a telephone solicitation business had been in
there several months ago. Steve Simonson commented the area is
technically not a business area and the City can shut down any
business going in there.
Chairman Andrews mentioned the ordeal going on in San Antonio
with their ordinance on garage sales and indicated the City of
Schertz may want to write something similar permitting garage
sales only on a quarterly basis.
#8 ADJOORNMENT
i
Chairman Andrews adjourned the meeting at 8:44 P.M.
The next regularly scheduled meeting is August 9, 1988.
-10-