ccswks 07-26-1989
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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they have now withdrawn from Bexar County and the location is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.
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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
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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.
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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.
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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.
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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.
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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.
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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,
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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:
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