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12-14-10MINUTES REGULAR MEETING December 14, 2010 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on December 14, 2010, at 6:00 p.m., in the Municipal Complex Council Chambers, 1400 Schertz Parkway, Building #4, Schertz, Texas. The following members present to -wit: Mayor Hal Baldwin Councilmember Jim Fowler Councilmember George Antuna Staff Present: City Manager Don Taylor Assistant City Manager David Harris City Secretary Brenda Dennis Mayor Pro Tem Michael Carpenter Councilmember David Scagliola Councilmember Cedric Edwards Assistant City Manager John Bierschwale City Attorney Michael Spain CALL TO ORDER REGULAR MEETING Mayor Baldwin called the meeting to order at 6:00 p.m. INVOCATION AND PLEDGES OF ALLEGIANCE TO THE FLAGS OF THE UNITED STATES AND STATE OF TEXAS. Councilmember Fowler gave the invocation followed by the Pledges of Allegiance to the Flags of the United States and State of Texas. Oath of Office A. Mayor-Pro-Tern — Consideration and /or action regarding the appointment of the Mayor Pro -Tem, term expired December 1, 2010. Mayor Baldwin to administer oath (Michael Carpenter) Mayor Baldwin administered the Oath of Office to Councilmember Carpenter. PRESENTATION Traffic Issues on Schwab Road — Discussion and possible action regarding traffic issues on Schwab Road and FM 482. (L. Dublin) — This item was requested by Mayor Hal Baldwin. Mayor Baldwin recognized City Engineer Larry Dublin who provided a briefing on the traffic issues on Schwab Road and FM 482 answering questions from Council. Mr. Dublin stated that most of the truck traffic has been from the large trucks coming in and out of the new SYSCO facility and that this is normal when such a large facility is being built. He advised Council that most of the truck traffic was minimal now and provided a recent truck count. Mayor and Council indicated that possibly the Street Department could place a caution sign regarding truck traffic. 12 -14 -10 Minutes Hearinp, of Residents Mayor Baldwin recognized the following: • Ms. Sharlen Fey, 6028 FM 482, New Braunfels who spoke on agenda item 5 "Proposed Air Permit for Aggregate Industries — WCR, Inc., Proposed Rock Crushing Facility at 5900 FM 482 in Comal County, Texas" speaking as protestants in the case. Ms. Fey also introduced her husband Tim, sister, Sandra Ray, also a protestant, Karen Bishop a supporting citizen, and Mr. Adam Freeman, attorney with Blackburn and Carter, who represents the citizens opposing the facility. • Purchasing and Asset Management Director, Ms. Rita Duprat -Waldo and Human Resource Director, Ms. Donna Dykes who came forward stated that the City received two letters recently regarding the following: (1) Texas Municipal League Intergovernmental Risk Pool — eligibility to receive a portion of equity distributions from the Workers' Compensation, Liability and /or Property Funds, approved by the Pool's Board of Trustees. Equity return amount was $50,882. (2) Buy Board — Because of growth, the Coop sent rebate checks to eligible members. The rebate is reflective of the Coop collecting more in vendor service fees that it needed to cover its annual expenditures. As a result, the Cooperative Board approved a distribution of $2.25 million to be rebated to 1,114 members, with each entity's rebate based on the amount of vendor service fees generated by its purchase. City of Schertz received $2,374.04. Mayor and Council thanked Rita and Donna for doing an outstanding job. • Mayor Baldwin recognized Assistant City Manager David Harris who introduced Finance Director Juan Santoya and explained that recently the Finance Department received notification that the City of Schertz was a recipient of the "Certificate of Achievement for Excellence in Financial Reporting from the Government Finance Officers Association. Mr. Harris explained that not all cities received this distinguished award, and briefly explained the processes the Finance Department had to follow to receive the recognition. Mayor and Council congratulated Mr. Santoya for his achievement. • Mayor Hal Baldwin and City Manager Don Taylor presented City Secretary Brenda Dennis a bouquet of roses for accomplishment in achieving her Master Municipal Clerks Certification MMC status with the International Institute of Municipal Clerks (IIMC). Mayor, Council, and Staff congratulated her on her accomplishment. Mayor Baldwin and Council recognized Tim Peterson, Boy Scout with Troop 51 who was in attendance this evening and is working on several Boy Scout Merit Badges. CONSENT AGENDA 12 -14 -10 Minutes Page - 2 - 1. Minutes - Consideration and /or action regarding the approval of the minutes of the Regular Meeting of December 7, 2010. 2. Ordinance No. 10 -H -37 — Consideration and /or action approving an Ordinance amending Chapter 34 of the Code of Ordinances adding article VI of the City of Schertz, Texas by adding an offense for the purchase, sale, delivery, offer or gift of illegal smoking materials; the use or possession of illegal smoking material; the use or possession of illegal smoking material paraphernalia; providing affirmative defenses to prosecution; establishing a penalty; providing for repealing, savings, and severability clauses; and providing for an effective date. Final Reading (S. Starr /M. Spain) Mayor Baldwin recognized Councilmember Edwards who moved, seconded by Councilmember Fowler to approve consent agenda items 1 and 2. The vote was unanimous Motion Carried. Discussion and /or Action Items 3. SSLGC Resolution — SSLGC R -10 -12 - Amendment to the FY 2010 -2011 Schertz Seguin Local Government Corporation (SSLGC) Budget Amendment. (J. Bierschwale) Mayor Baldwin recognized Assistant City Manager John Bierschwale who introduced this item stating that on November 18, 2010, the board of directors of the Schertz - Seguin Local Government Corporation (SSLGC) approved the attached Resolution SSLGC R10- 12 to amend the FY2010 -2011 Maintenance and Operating Fund Budget. This budget amendment would allow a $5,230 transfer from Technical Services to Benefits due to a 23.9% increase in health insurance benefits in 2011. SSLGC requests the City of Schertz City Council approve the amendment. Mayor Baldwin recognized Councilmember Edwards who moved, seconded by Councilmember Antuna to approve the SSLGC budget amendment as presented. The vote was unanimous Motion Carried. 4. Resolution No. 10 -R -78 — Consideration and /or action approving a resolution regarding commencement of annexation proceedings regarding approximately 12.6 +/- acres of property south of IH -35 on the City's northeastern boundary. (M. Spain) This item was pulled from the 12 -7 -10 agenda. Mayor Baldwin recognized City Attorney Michael Spain who introduced this item stating that one property owner of 10.0 acres who indicated that he would execute a Development Agreement in connection with the City's recent annexation north and south of IH -35 has not entered into that Agreement and has not responded to the City Attorney's correspondence [SIGNED DECEMBER 10, 20101, and the owners of one additional parcel (2.6± acres) in the recent annexation were inadvertently not notified of the proposed annexation. The City Manager's office recommends annexation of the latter property totaling approximately 2.6 acres. He provided city staff with a time -line for the City to follow for the annexation process. 12 -14 -10 Minutes Page - 3 - Mayor Baldwin recognized Councilmember Fowler who moved, seconded by Councilmember Edwards to approve Resolution No. 10 -R -78. The vote was unanimous Motion Carried. 5. Proposed Air Permit for Aggregate Industries — WCR, Inc., Proposed Rock Crushing Facility at 5900 FM 482 in Comal County, Texas — Report by City Attorney and discussion and /or possible action regarding TCEQ Docket No. 2009 - 1842 -AIR; Proposed Air Permit No. 83755 for Aggregate Industries — WCR, Inc., Proposed Rock Crushing Facility at 5900 FM 482 in Comal County, Texas. (M. Spain). Mayor Baldwin recognized City Attorney Michael Spain who introduced this item stating that the City Council learned, during the recent annexation proceedings on the City's northeastern boundary, of a pending permit application relating to a quarry that straddles the Schertz/New Braunfels boundary. That permit application is TCEQ Docket No. 2009 - 1842 -AIR; Proposed Air Permit No. 83755 for Aggregate Industries — WCR, Inc., Proposed Rock Crushing Facility at 5900 FM 482 in Comal County, Texas. City Council asked the City Attorney to provide a briefing on the issues involved in the application and the application process. City Attorney Michael Spain provided a presentation on his findings answering questions from Council. He provided the following highpoints to Council for consideration: • Whether the proposed facility will have adverse effects on air quality or cause violations of the Texas Clean Air Act, or other applicable state or federal requirements, • Whether the draft permit conditions fully comply with applicable air quality regulations, • Whether the draft permit conditions contain adequate monitoring, reporting, and recordkeeping requirements to ensure permit compliance, • Whether the air dispersion modeling of proposed particulate matter emissions was accurate and appropriate, including whether the classification of surrounding land uses, consideration of cumulative effects, and emission factors were accurate, • Whether the proposed facility's emissions will adversely impact health, welfare, or physical property, • Whether emissions from the proposed facility will adversely affect livestock, wildlife (including endangered species), or vegetation (including agricultural activities), • Whether the emissions from the facility will contribute to nuisance conditions, • Whether the emissions from the facility will adversely affect the health of children attending Comal Elementary School, • Whether the public notice for the application was sufficient to meet the requirements of the Texas Clean Air Act and TCEQ rules, • Whether the proposed operating schedule, throughput, and equipment were adequately and fully addressed in the impact evaluation, • Whether the Applicant has an acceptable compliance history in Texas, • Whether the stockpile heights specified in the permit are sufficiently protective, • Whether emissions from the proposed facility will adversely affect road safety and traffic conditions, and • Whether the permit will properly control dust emissions. 12 -14 -10 Minutes Page - 4 - Mayor and Council discussed the issue in detail opposing this type of facility, concerned with the emissions to surrounding neighbors, schools, health issues, and concerns on future development. Mayor and Council discussed with the City Attorney that they agree to get started with dialog with New Braunfels on this facility, since it will be placed in both cities. City Council suggested having the City Attorney check into the compliance history of Aggregate Industries, getting information on future hearings and possibly having representation present from the City of Schertz. No action was taken, but only to gather more information on this case. EXECUTIVE SESSION Called under Section 551.071 Texas Government Code Litigation, pending litigation; Section 551.072 Texas Government Code - Deliberation regarding the purchase, exchange, sale, lease, or value of real property, and Section 551.074 the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the Assistant City Managers. Mayor Baldwin adjourned into executive session at 7.15 p.m. RECONVENE TO REGULAR SESSION Mayor Baldwin reconvened into regular session at 7.50 p.m. 6. Take any action deemed necessary as a result of the Executive Session. No Action taken. Requests and Announcements 7. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. Mayor Baldwin recognized Councilmember Carpenter who asked that possibly in January the Council could define procedures for removing agenda items, as well as look at the 2006 Council Rules of Conduct to see if other areas should be updated. Mayor and Council agreed to have this placed on an agenda in January. City Attorney Michael Spain stated that he would do research for possible changes that needed to be made as well to the Council Rules and Procedures. 8. Requests by Mayor and Councilmembers to City Manager and Staff for information. None given. 9. Announcements by Mayor and Councilmembers • City and community events attended and to be attended • City Council Committee and Liaison Assignments (see assignments below) • Continuing education events attended and to be attended 12 -14 -10 Minutes Page - 5 - 10. • Recognition of actions by City employees • Recognition of actions by community volunteers • Upcoming City Council agenda items Mayor Baldwin recognized Councilmember Fowler who stated the he would be in East Texas starting tomorrow and should be back by the weekend. Mayor Baldwin recognized Councilmember Scagliola who stated he voted today. He also publically thanked Parks & Recreation Director George Logan and Assistant City Manager John Bierschwale for removing the dead tree he reported last week. Councilmember Scagliola stated that he attended the following: • Saturday, December 11, 2011 attended the FAA Auction and Stock Show Mayor Baldwin recognized Councilmember Antuna who reported that the early voting results show that John Kuempel has 69% of the vote and that Gary Inmon is coming in second with 12% of the votes cast. Councilmember Antuna thanked all the candidates who ran for the vacant position in District 44. Mayor Baldwin recognized Councilmember Edwards who stated that he along with the other Council received an email from Fred Witter, who was talking about the Teen Court, expressing how the partnerships with the Cities and the School District, and municipal Court are working. Councilmember Edwards publically thanked Ken Anderson, Carl Quast, Jim Derrickson and Michelle Sanchez for assisting him with a recent problem. Councilmember Edwards also stated that he received a letter in his office from a life long citizen of Schertz, John Jurra who expressed his appreciation of the great things the city is doing. Councilmember Edwards stated that he would bring the letter to the next meeting and present it to Council. Mayor Baldwin stated that he received an email from the cheerleading coach of Steel High School Knights inviting the Council to attend a pep rally on Wednesday, December 15, 2010 at 6:30 p.m. at the high school to cheer on the Steel Knights. Mayor Baldwin also stated that the Schertz Seguin Local Government Corporation will be meeting Thursday, December 16, 2010 in Seguin where they will be discussing water issues, anyone wishing to attend are welcome to go. Announcements by City Manager • Recognition of City employee actions • New Departmental initiatives Mayor Baldwin recognized City Manger Don Taylor who reminded Council that on of the Economic Development Corporation holiday celebration Thursday, December 17, 2010 at the Civic Center. City Manager Don Taylor also reminded Council of the Employee Holiday Celebration Friday, December 17, 2010 starting at 6:00 p.m. at the Civic Center. 12 -14 -10 Minutes Page - 6 - Mayor Baldwin recognized Assistant City Manager David Harris who stated the City of Schertz has a Scrooge; he stated that today Development Services Director, Michelle Sanchez busted the Librarians for building violations. Ms. Sanchez pointed out code violations on Gingerbread houses to the Schertz Library staff Callie Barbee, April Toman, and Gail Douglas. Mr. Harris stated that actually this article will be featured in the next Schertz Tales, where Ms. Sanchez explains the permitting process for Schertz homeowners making changes or upgrades to their houses. ADJOURNMENT As there was no further action, May=Ba* dj rued meeting at 8:05 p.m. Mayor ATTEST: J� Brenda Dennis, TRMC, MMC City Secretary 12 -14 -10 Minutes Page - 7 -