ccreg 07-15-1990
273
REGULAR MEETING OF THE CITY COUNCIL
JUL Y 1 7, 1 9 90
The Schertz City Council convened in Regular Meeting Tuesday,
July 17, 1990, 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, presidingi
Joe Potempa, Hal Baldwin, Barbara Stanhope i Mary Marsh and Ken
Greenwald. Staff present were City Manager Kerry R. Sweatt and
City Secretary June G. Krause.
#1 PUBLIC HEARING: The Council to receive citizen comments
on the application by Beck Readymix Concrete Company for a Type
IV Landfill.
Mr. Ben Davis, President of Beck Readymix Concrete Company, said
he was present to give a history of the site and to answer any
questions. The site has been used for a landfill continuously
since 1953, the earliest contract being with Randolph Air Force
Base. He said in 1984 the regulations changed where it had to be
treated under a permit basis and they were grandfathered in 1985.
He said the Type IV Landfill receives only construction and
demolition wastes and brush. It will receive no household or
restaurant garbage, no toxic or hazardous wastes. Mr. Davis went
on to say that it is a requirement of the Texas Department of
Health that every load be spot checked. The controls to protect
the water to meet the Texas Department of Heal th regulations
requires that they place a berm around the site to bring it out
of the 100 year flood plain and to build a clay barrier to the
middle of the burn. He said they will make a slurry wall to tie
in about three feet of the natural shell barrier at the bottom.
He said it would be like a large clay bathtub. He said what they
like to think this is, is a clean up of an old dump. He said
their plans have been revised three times and is inspected
periodically, the last time about 10 days previously.
Mr. Baldwin asked what protection the citizens living around
there would have from people bringing in wet garbage - how would
anyone know that was not going in there?
Mr. Davis invited anyone out to checki but said they also have a
spotter for each load. He said they could not accept anything
like that or the State could shut him down. This spotter is a
requirement of the Department of Health. He said they check and
throw things back on the truck - such as tires, cans that they
cannot identify, household garbage, etc.
Mr. Sweatt advised that staff had sent out 32 letters to citizens
who live within 200 feet of the project. Two were returned, not
a good address i and we had three written responses - two were
opposed and one just wanted to express an opinion.
.~
I\.
274
Mrs. Stanhope asked what sort of waste were they qettinq from
Randolph and was told none riqht now. In the past it was just old
trash that was incinerated waste, which was permissible at that
time.
Mr. Baldwin asked if the berm to be put in would just enclose
the area in which they would be dumpinq. Mr. Davis said it would
just qo around the area that would receive trash. He said that
even thouqh they will not be usinq the entire area at first, they
will encapsulate the entire area at one time. At the request of
Mr. Sweatt, Mr. Davis explained that the berm would be
approximately 130 feet off Zuehl Road - the closest place at 110
feet the actual waste will be back from that. The berm
basically traces the outline of their property. He then pointed
out where the channelinq would be.
Mrs. Marsh asked what eventually happens to all the waste. Mr.
Davis explained that first they cap it with a clay barrier, then
they cap it aqain with top soil and they have to plant with
veqetative cover so it is suitable for an outside recreation
area. It will be covered periodically, like every month, and put
into cells and then that little cell is covered and they go over
and start working another cell. When you get to the top, it gets
an extra thick cover before being veqetated.
Mrs. Marsh then asked if they qo back and test monthly. Mr.
Davis said it all does have to be tested and inspected
periodically and for thirty years after it is closed, they will
be responsible and it will be regularly inspected by the State.
Mr. Greenwald asked about compaction so there would not be any
water settlinq and was told that is mandated by the State.
Mr. Potempa asked what they were doing about dust. Mr. Davis
said that the permit requires them to pave the roadway and that
most of the dust right now is cominq from the concrete works.
Answerinq further questions, Mr. Davis said that if they decided
they wanted another type landfill, they would have to start all
over at the beginning. He also said that if anythinq is received
smolderinq, it will be set off to the side before beinq
introduced into the landfill. He also advised when asked if he
would consider beinq annexed, that he probably would have no
choice.
There beinq no further questions, the public hearinq was closed
at 7:35 p.m.
#2 Consider and take action, if any, on the above item.
Mr. Baldwin moved to write a letter to the State withdrawinq our
letter requestinq for a formal publ ic hearing. Mr. Potempa
seconded the motion, which carried with the following vote:
275
AYES: Councilmembers Potempa, Baldwin, Stanhope, Marsh and
Greenwald.
NAYS: None
#3 APPROVAL OF MINUTES: Regular Meeting of June 19, 1990
Mr. Baldwin requested the correction of the spelling of "Drought
Manaqement" in the second paragraph of item #11.
Mrs. Marsh moved the minutes of the regular meeting of June 19,
1990 be approved as corrected. Mr. Potempa seconded the motion,
which carried with the following vote:
AYES: Councilmembers Potempa, Baldwin, Stanhope, Marsh and
Greenwald.
NAYS: None
#4 HEARING OF RESIDENTS: None
#5 ORDlIiANCE: Mayor Sawyer introduced an ordinance and
read the caption as follows:
ORDINANCE NO. 90-F-22
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY
OF SCHERTZ, TEXAS, PROVIDING THAT THE CODE OF
ORDINANCES, CITY OF SCHERTZ, TEXAS, BE
AMENDED BY REVISING ARTICLE IV MANDATORY
WATER CONSERVATION, SECTION 19-81(a);
PROVIDING A REPEALING CLAUSE; AND PROVIDING
AN EFFECTIVE DATE.
Mr. Baldwin moved to approve the final readinq of an ordinance
amending the Code, Article IV Mandatory Water Conservation,
Section 19-81(a). Mrs. Stanhope seconded the motion, which
carried as follows:
AYES: Councilmembers Potempa, Baldwin, Stanhope, Marsh and
Greenwald.
NAYS: None
Mr. Sweatt advised that even thouqh we have had a temporary
respi te, we are at a time in water usaqe in this area where
conservation is a very important element. We do not have a water
shortage but do have a conservation lag and we believe our city
has been one of the leaders in brinqing about conservation
practices. The chanqes in this ordinance make a major change in
the area of mandatory restrictions for outside landscape
water ing. Pr imar il y it changed from the allowable of watering
one day every five days to a provision that outside water inq,
under certain conditions, can be done on two days of the week on
an odd/even street address basis. The bulk of our ordinance is
very similar to the Edwards Acquifer approved plan and similar to
other cities. We are proposing the effective date of this
'\
\
~
x
276
ordinance to be 1 August 1990 and intend to circulate information
about this ordinance as much as possible. We have personnel in
our Utility Department and Police Department who will be able to
take citation action, if that is necessary.
Mayor Sawyer said we urge all our residents to conserve water.
#6 ORDI1IAIICE: Mayor Sawyer introduced an ordinance and
read the caption as follows:
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY
OF SCHERTZ, TEXAS, PROVIDING THAT THE CODE OF
ORDINANCES, CITY OF SCHERTZ, TEXAS, BE
AMENDED BY REVISING CHAPTER 13, ARTICLE II,
SECTION 13-14(b) (6) AND SECTION 13-14(e)
PEDDLERS I AND SOLICITORS' PERMITS j AND
REPEALING ALL ORDINANCES IN CONFLICT
Mr. Greenwald moved to approve the first reading of an ordinance
amending the Code by revising Section 13-14 Peddlers' and
Solicitors' Permits. Mrs. Marsh seconded the motion, which
carried with the following vote:
AYES: Councilmembers Potempa, Baldwin, Stanhope, Marsh and
Greenwald
NAYS: None
#7 ORDI1IAIICE: 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 CODE OF
ORDINANCES, CITY OF SCHERTZ, TEXAS, CHAPTER
10 BY ADDING ARTICLE VI GARAGE SALES j BY
AMENDING ORDINANCE 86-S-28 SIGN ORDINANCE,
ARTICLE V SIGNS PERMITTED IN RESIDENTIAL
DISTRICTS BY ADDING SECTION 8 GARAGE SALE
SIGNS AND ARTICLE VI SIGNS PERMITTED IN ALL
BUSINESS, COMMERCIAL AND MANUFACTURING
DISTRICTS BY ADDING SECTION 6 GARAGE SALE
SIGNSj PROVIDING FOR A PENALTYj REPEALING ALL
ORDINANCES IN CONFLICT; AND PROVIDING AN
EFFECTIVE DATE.
Mrs. Marsh moved to approve the first reading of an ordinance
amending the Code Chapter 10 by adding Article VI Garage Sales.
Mr. Potempa seconded the motion, which carried with the following
vote:
AYES: Councilmembers Potempa, Baldwin, Stanhope, Marsh and
Greenwald.
AYES: None
277
Mr. Sweat said that a minor change in wording was made since the
copies of the ordinance went out. The provision of this
ordinance now appl ies to all areas, not simply residential. A
question was raised as to perhaps a conflict between a garage
sale and our itinerant merchant ordinance. If a person is going
from door to door selling, a license is required. If a person is
operating what is identified as a transient business, there are
certain types of permits required. If a business is conducting
its normal run of business, it would not be covered by this
ordinance; however, if a business chose to advertise by placing
signs other than its normal run of business, then the garage sale
ordinance would apply.
#8 CITY MANAGER'S REPORT: A. Received a notice that the
Chamber of Commerce has a mid-summer Western Hoe-down at the
Overlander, July 21st in Marion - request RSVP by July 18th.
B. Received notice of the Greater Randolph Area Family YMCA
funding efforts. The Greater Randolph Area has been granted an
authorization to start the YMCA program in September as an
extension of the YMCA program in San Antonio. They are proposing
a golf tournament to raise funds.
C. Mr. Sweatt handed out draft specifications, a notice of bids
and a draft of a mailing list for soliciting proposals for
garbage collection services for the next two years. Our current
contract expires in October 1990. We like for Council to review
so that they can be mailed no later than the following week.
#9 ITEMS BY COUNCIL: Mr. Potempa suggested that the roster
in the EODC appendix needs to be updated.
Mrs. Marsh said the Humane Society had their Jubilee the
prev ious Sunday and it was a very nice affair. She said that
she, once again, felt the retarded folks had the best time.
#10 ITEMS BY MAYOR: none
#11 ADJOURNMENT: Mr. Potempa moved the meeting be
adjourned at 7:40 p.m., with Mr. Baldwin seconding the motion,
which carried unanimously.
ATTEST:
City S
\
~