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ccswks 07-26-1989 ( 233 SPECIAL MEETING OF THE CITY COUNCIL JULY 26, 1989 The Schertz City Council convened in Special Session, Wednesday, July 26, 1989 at 7:00 p.m. in the Conference Room of the Municipal Complex, 1400 Schertz Parkway, Schertz, Texas. The following members were present: Mayor Earl W. Sawyer, presiding; Earl P. Hartzog; Barbara Stanhopej Mary Marsh and Ken Greenwald. Absent: Hal Baldwin. Staff present were City Manager Kerry R. Sweatt and City Secretary June G. Krause. #1 HEARING OF RESIDENTS: None #2 Discussion of Buffalo Valley Land Fill Application. Mr. Sweatt advised that included in Council packets was a engineer drawing of the 1988 landfill site and a second drawing for the 1989 landfill site location. The second drawing shows they have now withdrawn from Bexar County and the location is entirel y in Guadalupe County. The Heal th Department has not scheduled a new publ ic Hearing as of this date. The purpose of this being on the agenda is to discuss issues and Mr. Gutierrez is present to answer questions. We may, in the future, consider a resolution of support for this site or the need for a landfill in our area. We believe the application, as it stands, meets many of the original objections. Mr. Gutierrez explained that the big objection was the 100-year flood plain in the Bexar County section. Feeling that he did not have time for the Corps of Engineers to restudy and give what new information might corne forward, they dropped off the Bexar County side and the Guadalupe County side is scaled down. He said they added an entrance from the back off Haeckerville Road. He indicated the interesting thing is that if the opposition's conception of the 100-year flood plain is correct, all of the CCMA project would be under water. Mr. Gutierrez said he fel t that any time you have a project next to a waterway, you use the Corps of Engineer study and that is what they have done. Mr. Gutierrez reminded Council that he has had a history of a landfill for fifteen years with a minimum of problems and was able to operate economically. Since they had to close the landfill and have had to haul long distance, they never know when the people will raise the rates at the landfill. This does not allow him to work well with the cities. He said they need their own facility. He advised that they have a strong resolution from CCMA and some surrounding cities have indicated they will corne forward with resolutions in support. Mr. Gutierrez ended by saying they feel a great need and would ask the Council to support them with a strong resolution, as this is about the only way they can control the costs. Mr. Gutierrez said that Randolph Air Force Base's objection was that birds would interfere with flying. He said the old landfill was about 10,500 feet from the runway and caused no problems and this one would be about 14,500 feet from the runway. ~ 234 \ Mr. Hartzog asked what the impact would be on Schaefer Road, since most of the traffic would be using that road. He asked what Gutierrez planned for the road. Mr. Gutierrez said they will help maintain Schaefer Road, by keepinq it clean, as they did on FM 3009. He said they did not do road work but did have a litter program and removed mud during rainy weather. Mr. Gutierrez said Schaefer Road has a history of heavy traffic with Mr. Friesenhahn takinq top soil from the area; and they would always maintain their portion and would make every effort to keep it all clean. Mrs. Marsh asked if Mr. Gutierrez had any waq on rates at this time. Mr. Gutierrez said that immediately they would realize a savinqs, with the reduced travel, by about 75%. As the time passes, they would start out at a certain price; but he fel t certain rates would go up at a slower pace. Mr. Greenwald asked about how long this proposed landfill would last. Mr. Gutierrez said about eiqht to ten years. Mr. Hartzoq asked how hiqh it would be. Mr. Gutierrez said 35 feet down and 25 feet UPi but most of the area is behind a line of trees and not visible. Answering Mr. Sweatt' question, Mr. Gutierrez said they do not plan to move back onto the Bexar County side. Al so it should take about six months to get back into operation after the permit is issued. Mr. Greenwald asked if Moore Industrial has looked into recyclinq. Mr. Gutierrez said they have and that it will work in conjunction with the landfill. He said they had received some information on this subject and would be discussing it with Council in the very near future. Mayor Sawyer said he had lived within 1 or 2 miles from Mr. Gutierrez' landfill ever since it opened and he had never had any complaints about the management of the landfill. Mr. Sawyer said he would not hesitate to support having a landfill close by. He asked for the resolution to be on the next agenda. Mr. Gutierrez introduced his associate, Mr. Royce Gray, who would provide some information concerninq medical waste. Mr. Gray said that since 1986, they are supposed to NOT co-mingle solid waste. What is now happening is that doctors are carrying this waste to the hospitals who have an incinerator. However, with the new regulations on incineratinq, what will they do with their waste. The new regulations say that medical waste cannot be co-mingled with solid waste and in the past a lot of doctors would just put this waste in their dumpster and no one knew about it. These hospital incinerators do not meet the new requirements. The new law was adopted March 5, 1989 and they L~ ( 235 have one year to comply with it. Mr. Gray said they also have OSHA to deal with. There are only two incinerators in Texas, who would meet the new requirements, and both are in Houston. Mr. Gray said they have two options - Houston and Oklahoma. He said the trick is that they have got to get doctors to put their medical waste in containers (he showed Council a sample of the containers required) . This, of course, will affect all facilities that have medical waste; such as veterinarians, clinics, and animal shelters. Answering Council questions, Mr. Gray said about all they can do to educate these people is go in and do what they were doing right now advise of the new regulations and show the containers required and how to cornpl y with everything. Everyone involved will also get a letter from the state. The containers will cost the doctors about $1.50 per day. Mr. Gutierrez said his situation is that they would try to work wi th the cities and try to add the amount to the ordinance to allow them to deal with the cost of medical waste separately. '3 Discussion of public hearing items amending the Zoning Ordinance: A. Regulating adult-oriented businesses. Mrs. Marsh said that all changes are very good and enhance the ordinance. Mr. Sweatt advised that staff is developing rules, regulations and licensing procedures to go along with this ordinance. There were some questions about regulating outside our city limits. He said that Guadalupe County has adopted regulations similar to this and he also believed Bexar County is looking into it. Mr. Greenwald said he believed that Comal County has already dealt with this. B. Regulating setback requirements. Mrs. Marsh again said she thought the changes very good. There were no questions on this proposal. C. Regulating non-conforming uses. Mr. Sweatt said the recommendation is that non-conforming use status not be transferred to the new owner in case of the property being sold. In the past, property changed hands and the people'S defense is that they had bought it as is and should be allowed to continue. Mr. Sweatt said we have had no problems with those owners who have come forward; only those that did not have caused problems. D. Regulating publiC notice and procedures. ~ '''t3' (? ~ \JI ~ Mrs. Marsh asked what 'legitimate delays' meant in Section 4.2 g. Mr. Sweatt be dropped primarily applicable advised that Planning & Zoninq now recommends that (g) from the ordinance. This was put in back in the 1980s because of land speculation and is not really now. Mr. Sweatt said we are proposing to divide the public hearinqs and put the time the Council will hold their public hearing in the notice when the Planning & Zoninq public hearing is advertised. This way most all problems can be resolved at the P&Z hearing. If this poses any problems, we can always qo back to the joint hearinqs. Mayor Sawyer said he did not believe it will pose any problems. It was originally set for joint hearings because the members of the Planning & Zoning and City Council did not know each other. Mrs. Marsh said she felt it an excellent idea. She just stressed that she wanted the Council to be really knowledgeable and well informed of what is going on. Mr. Willman said this will force the Planning & Zoning Commission to give better reasoning for their recommendations. '4 Discussion of an ordinance extending the school zone F.M. 1518. Mr. Sweatt said this was placed on the agenda; however he, Chief Agee and Jerry Graham do not really aqree with what the State has suggested and would like to look at the Uniform Traffic Code. The State has asked that we pass this ordinance. Council had difficulty determininq from the strip map exactly where the school zone would be. Mayor Sawyer asked that in the future, Mr. Sweatt provide a small map with the zones marked. Mr. Hartzog suggested that the State should mark the street where the kids would be walking. Mrs. Stanhope felt the north school zone sign should be placed further back. Mr. Greenwald said maybe they could put up an advance warning sign near the curve on FM 1518. '5 Discussion of an ordinance extending and adding school zones within the city limits. Mr. Sweatt said part of our concern is to increase public awareness. We have suqqested Elbel Road be 15 miles per hour from Schertz Parkway to just past the GVEC sub station. Mr. Sweatt said before this ordinance is brought for final consideration, staff will have some measurements to be sure that we can justify the entire length. ( ....... J 237 Mrs. Marsh said she felt the schools bear some responsibility and suggested Mr. Agee talk to the principals. Chief Agee said he has talked to them about this and they have no problem with the enactment of these proposed school zones. The complaints on traffic problems in front of the High School have been extremel y high. Mr. Agee said these suggestions are just from his observations going down and sitting there in the afternoon. He said he did feel the zones should be accomplished before school starts. Then, after two or three weeks of giving warnings, start the enforcement program. Mr. Sweatt said this was just a draft ordinance, we need to do some more work on, it but wanted Council to be aware of the need for some changes. Mr. Greenwald asked if this would create a problem with slow- moving traffic in front of the fire station. Mr. Agee said since the kids get out of school at different time, he did not feel it would be a problem. Also we are only talking about short periods of time. Mr. Hartzog said there are two major thoroughfares that we are dropping down to 15 miles per hour, Schertz Parkway and Elbel Road. He fel t dropping these two to 15 miles per hour would create problems. He also suggested leaving Randolph Avenue the way it is. Mr. Sweatt said our current ordinance says that all school zones will be 15 miles per hour on city streets and the State says they will be 20 miles per hour. He advised he would need to do some research to see if we could have some city streets at 15 and some at 20 miles per hour. Mrs. Stanhope asked about a school zone on Lindberg. Chief Agee said he felt the whole street should be 15 miles per hour. Mr. Hartzog said he felt this would over-kill around the High School. After further discussion, Mayor Sawyer asked Council if they could live with a 20 miles per hour school zone around the High School and they said they could. '6 Discussion of an ordinance revising purchasing procedures. Mr. Sweatt advised that the State has raised the competitive bidding to $5,000 and our ordinance still says anything over $3,000 must go to competitive bids. He recommended Council authorize chanqing our ordinance to the $5,000 level. \ 238 ~ Mrs. Stanhope said this way if anything is under $5,000, the staff would take care of it and anythinq over would go to Council. '7 Discussion of aJIlending the traffic code relating to visibility hazards. Mayor Sawyer said this recommendation carne about because of the gentleman who had a tree causinq visibility problems and he would not cut it down. Mr. Sweatt said staff recommends a triangulation point, beinq 25 feet down each street from an intersection. Everything that would fall in that 25 foot trianqle would be involved - fences, trees, shrubs, weeds, etc. that create a bl ind corner. This ordinance would give us the authority to act. Mayor Sawyer said it was a qood idea; but we do have buildings that would fall in this trianqle. Mr. Sweatt said this does not address buildinqs; but if a building is taken down, then we would not issue a permit in conflict with the ordinance. '8 Discussion of an ordinance implementing a water conservation plan. Mr. Sweatt said he felt it appropriate that we, by ordinance, establish a plan and specific criteria. This proposal not only provides the basis upon which water conservation and savinq techniques, goals and requlations may be implemented, but also coincides with that of other cities in the metropolitan area. We have proposed to establish four stages - Staqe 1 is water awareness with voluntary reduction of use by 10%. Stage 2 a water watch, reduce consumption by 15%. Stage 3 is a water alert that would reduce consumption use by 25%. In addition there will be a surcharqe of $2.00 per thousand qallons in excess of fifteen thousand gallons. Stage 4 - Water risk - based on the plan by the Edwards Underqround Aquifer, we suggest an additional $1.00 - bringing the surcharqe to $3.00 - over the 15,000. Mrs. Stanhope asked if this 15,000 was an averaqe usaqe. Mr. Sweatt said it was for the month of June. Mr. Sweatt said for effective compliance, we are gOing to be the same as other cities in the area. So far, no one has really defined what is below the 612 foot mark of the Edwards. Mayor Sawyer said this is something we would like to get on line so that if the water level drops below the 612 foot level, we would have some way of dealinq with the emergency. Mr. Sweatt said this ordinance also covers not only drouqht, but also should the City lose a tank or somethinq drastic like that would happen. ( 239 Mr. Hartzog asked what authority we would have over a nursery if he continues to water from his own private well. Mr. Bierschwale said we would have no authority; but if his well is in Bexar or Comal County, they would have his well number and will enforce. Mr. Sweatt suggested we begin on the plan with Stage 1 being tr iggered at well level of 644 feet. Stage 2 at 628 feet. At this stage our goal would be to reduce consumption by 15%. At stage 3 it would be at a 25% volume reduction. Also at this stage we propose penal ties. At stage 4, we are in critical condition and would be shooting at 30% water reduction and a $ 3.00 surcharge. We would basically be in Stage 4 if we would lose a pump. Answering questions, Mr. Sweatt said we do have information for our citizens furnished by the Edwards. We have water wheel s , bumper stickers, kits for conservation etc. We have been handing these out to our customers this month. Mr. Bierschwale said we are going to try to coordinate education with the elementary schools. Mr. Hartzog said perhaps the 15,000 before surcharge in Stage 4 should be dropped down, since the whole idea is conservation. #9 CITY MANAGER'S REPORT: A. On the 31st of July at 7:00 p.m., we are proposing to bid adieu to a very favored employee - Mr. Torn Funk. He said the party will be at the Community Center and he would like for all to be there to express our appreciation and to wish Tom well. During the briefing period, Mary Lou Malone is serving as acting Administrator of SAFES. He said he would be talking with Mrs. Malone and hoped to have the position filled soon. B. Just a reminder that August 17th is the Schertz Business Appreciation Dinner at 7:00 p.m.. We will have a proclamation naming Business Week as August 13-19th. C. On August 12th, we are again unofficiallY sponsoring a swim meet. The one last Saturday was cancelled. It will be at 8:00 a.m. in the park - a YMCA Invitational Meet. #10 ITEMS BY COUNCIL: Mrs. Marsh: A. In looking at the monthly Financial Report, is there a desired percentage to expend for each department. Mr. Sweatt said that other than seasonal, departments should be at their monthly percentage rate. Mrs. Marsh then asked why the police department was now at 90.7%. Mr. Sweatt said this does not reflect the police units, those were not in the budget but had to be purchased. Mrs. Marsh then asked if a high percentage would trigger the City Manager to scrutinize that department. Mr. Sweatt said that it does. ~ 240 ~ B. The Swim Team will need about $1000 to get them through the summer. Mrs. Marsh said she is attempting to get $100 donation from various businessmen and individuals to meet this goal. She indicated that so far it is qoing well. She was in hopes of getting some good publicity on this project. Mrs. Marsh said she felt the need to consider some action on the future swim teams during the budget process. Answering questions from Councilmembers, Mrs. Marsh said she was not seeking complete funding for this project, but equipment funding as furnished other youth activities. C. At a recent Business Club luncheon, Mrs. Marsh said the subject was broached, and very well received, that the City should have a Schertz float and qo to all the other parades durinq the year. She suggested staff think about it, something on a flat bed truck. Perhaps there could be a contest for design. Chief Agee advised that he already has his staff working on a float for next years 4th of JUly parade. Mrs. Marsh advised that she already has a volunteer to drive the float in other city parades. D. Mrs. Marsh asked the City Manaqer how he was cominq on Christmas decorations. Mr. Sweatt said he had put out a request for participation and had not received any offers. He said we are not funded for this project this year. He has arranqed with GVEC to help install decorations on poles etc.; but this year it all boils down to money. Mr. Sweatt said he would like to see it a joint project with organizations in the city. Mrs. Marsh said she was only asking that the subject not be dropped - perhaps budget for a little this year and so on over a period of years. E. She received a call from Kathy Besch, who asked her to pass the word because she did not think the Council knew of the good work she is doing with the Star of Hope Helpinq Ministry. She is now renting a place on F.M. 78. F. Mrs. Marsh thanked and commended Chief Agee and the police department. She said she put in a complaint the day before and that evening they had caught the perpetrator. Mr. Hartzoa: A. Before the meetinqs, suqqest that Council members should visit some areas in the City. He mentioned particularly that on August 8th, Lone Oak Horne Owners Association is having their National Night Out. Council could qo and meet the people and look at their park. At different times, Council could qo to different areas of the city, just as something to show the people they are concerned. Mr. Hartzoq told the Mayor that normally he has a proclamation for the National Niqht Out. Mrs. StanhoDe: A. She advised that some citizens are interested in finding out if there could be a Farmer's Market in our park, ( 24] as they have in Converse. Mr. Sweatt said he will check with Converse to see how it came about. B. The Housing Authority has selected a new director, Joseph Porter. They had right at 200 applications: and after going over them, they interviewed about 30. Mrs. Stanhope said the young girl in the office has done a superb job during this interim period. Mr. Greenwald: A. Reported that P&Z met with Mr. Decker the previous night on his modular home project. Mr. Greenwald said he felt most of the suggestions were viable. He said at present it is a complete mess and he hopes Mr. Decker can turn it into something decent. B. He asked if the City Manager had heard anything back from Cibolo. Mr. Sweatt said they had one meeting and have not gotten back with them. Mr. Sweatt said we may suggest an amount that we would settle for: but he did not think they would agree to it. #11 ITEMS BY MAYOR: A. Mr. Sawyer asked if Council was going to allow dove hunting in the Schirmerville area back of Randolph. He asked the City Manager to check on this. B. He asked if the City is going to continue cutting grass under the Cibolo Creek bridge. He advised that he gets more complaints about that than anything else. C. The Mayor reported that on the corner of Lindberg and Wright there is a fire hydrant that is covered with grass. # 12 ADJOURNMENT: There being no further business, Mayor Sawyer declared the meeting to be adjourned at 10:03 p.m. ATTEST: \