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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 \ ~