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Min CC 10/11/2011 OF C/& NO V � O Te x A5 'City of cholce- City Council Meeting CIBOLO MUNICIPAL BUILDING 200 S. MAIN October 11, 2011 7:00 P.M. MINUTES 1. Call to Order—Mayor Hartman called the meeting to order at 7:02 p.m. 2. Roll Call Mayor Hartman Councilman Pedde—absent Councilman Troncoso Councilman Castro Councilwoman Hale Councilman Carlton Councilman Liparoto Councilman Hicks Staff: Interim City Manager Chief Niemietz, City Secretary Peggy Cimics, City Attorney Ryan Henry, Finance Director Anna Marquez, ED Director Mark Luft, Community Dev. Services Director Robert Stricker, Interim Police Chief Chris Kotzur and Interim Public Works Director William Dee. 3. Invocation—Councilman Castro gave the Invocation. 4. Pledge of Alle lance-All those in attendance recited the Pledge of Allegiance. 5. Public Hearing A. City of Cibolo will hold a Public Hearing to hear public testimony concerning the amending of Ordinance 956 the Drainage Utility Rate levied and imposed for the Municipal Drainage Utility. Mayor Hartman opened the Public Hearing at 7:04 p.m. No one in the audience wish to speak at the Public Hearing and Mayor Hartman closed the hearing at 7:04 p.m. 6. Executive Session The City Council will meet in Executive Session as authorized by the Texas Gov't Code Sec. 551.071, Consultation with Attorney and Legal Advice to discuss the following: A. Discuss and deliberate potential settlement w/one or more defendants in the City of Cibolo v. 3TI, Inc Cause No. 10-1186- CV. B. Discuss legal issues associated with the City of Cibolo,Texas v.Roy Lee Parker, Case No. 10-0714-CV. C. Discuss legal issues associated with the settlement agreement of former City Manager Bruce Pearson. 1 D. Discuss legal issues associated with the proposed annexation of approximately 1,700 acres of real property within the City of Cibolo Extraterritorial Jurisdiction(ETJ), generally located East of Cibolo Creek, South of Lower Seguin Road,West of Stole Road and North of Interstate Highway 10. Council adjourned into Executive Session at 7:05 p.m. 7. Open Session Reconvene into Regular Session and take action/or give direction, if necessary, on items discussed in Executive Session including: A. Discuss and consider authorizing settlement with one or more defendants in City of Cibolo v. 3TI, Inc. Cause No. 10-1186-CV and give Interim City Manager authority to execute any associated documents. Council reconvened into Open Session at 7:37 p.m. Councilman Liparoto moved to accept the settlement with Archimedia and give the Interim City Manager authority to execute any associated documents. Motion was seconded by Councilman Castro. For: Council Members:Troncoso,Castro,Hale, Carlton,Liparoto and Hicks; Against:None. Motion carried 6 to 0. 8. Citizens to be Heard This is the opportunity for visitors and guests to address the City Council on any issue. City Council may not debate any non-agenda issue,nor may any action be taken on any non-agenda issue at this time,however, City Council may present any factual response to items brought up by citizens. The following individuals spoke during Citizens to be Heard: Commission Wolverton spoke to council on an Inter-Local with the County and Cibolo concerning Green Valley Road. Ed Roberts of 109 Verbena Gap spoke on reimbursement for maintaining an easement. Keith Gilbreath of 685 Sassman Road wanted to thank the first responders that have come to his house several times in the past few months. Mr. Gilbreath also wanted to congratulate Lee Perry on his ten years with the City. Chris Ybarra with the Cibolo Police Department introduces a couple of Steele High School Students who are with the Police Explorer Post. Would like to do a fund raiser at Cibolofest and ask for council support. 9. Presentation A. Presentation to Ted Kryer for 5 years of service to the City of Cibolo. This item was postponed. B. Presentation to Lee Perry for 10 years of service to the City of Cibolo. Mayor Hartman and Interim City Manager Roger Niemietz presented Lee Perry a plaque for his 10 years of faithful and dedicated service to the City of Cibolo. C. Presentation of the Comptrollers 2011 Gold Leadership Circle Award to Anna Marquez,Finance Director. Mayor Hartman presented Finance Director Anna Marquez the Texas Comptrollers 2011 Gold Leadership Circle Award. D. Presentation of the City Managers Quarterly Award. Tina Smith of the Permits Department was presented the 3rd Quarter City Managers Award. 2 i i E. Presentation of the 2011 Community Economic Development Award to the City of Cibolo for recognition of exemplary achievement in Community Economic Development — Presented by the Texas Economic Development Council. Mayor Hartman and Mark Luft — ED Director explained to all in attendance the 2011 Community Economic Development Award the City of Cibolo received from the Texas Economic Development Council. 10. Consent Aizenda—Consent Items (General Items) A. Approval of the minutes of the Regular City Council Meeting held on September 27, 2011. B. Acceptance of the August 2011 Check Register pending final acceptance of the City's financial audit for the 2010/2011 Fiscal Year. i C. Acceptance of the Revenue&Expense Report ending August 30,2011 pending fmal acceptance of the ` City's fmancial audit for the 2010/2011 Fiscal Year. D. Approval of the resolution appointing William Dee to the Canyon Regional Water Authority Board of Managers for the City of Cibolo. i Councilman Hicks moved to approve the consent agenda. Motion was seconded by Councilman Liparoto. For: Council Members:Troncoso, Castro,Hale, Carlton, Liparoto and Hicks; Against:None. Motion carried 6 to 0. 11. Staff Updates A. Capital Projects Schedule B. Finance Department C. Court Department D. Fire Department E. Community Development Services F. City Hall Phone System i G. Kalmar Supplier Appreciation Day Anna Marquez—Finance Director gave a update on the Cibolo check register and Revenue and Expense Report. Robert Niemietz—Interim City Manager briefed council on the new phone system in City Hall and the Kalmer Appreciation Day attended by several City Employees and Council. i 12. Discussion/Action A. Discussion/Action on the removal, appointments and re-appointments to Planning and Zoning Commission, Parks Commission, Streets and Drainage Commission,Board of Adjustments Commission, Capital Improvement Program(CIP) and Cibolo Economic Development Corporation. I Councilman Liparoto moved to appoint Meghan Bailey Chairman of the Parks Commission to the Capital Improvement Committee. Motion was seconded by Councilman Castro. For: Council Members: Troncoso, jCastro,Hale, Carlton,Liparoto and Hicks; Against:None. Motion carried 6 to 0. i I 3 B. Approval/Disapproval of the Final Acceptance for Cibolo Vista Unit 2A. Councilman Troncoso moved to approve the Final Acceptance of Cibolo Vista Unit 2 A with the final valuation of the infrastructure improvements being dedicated to the City of Cibolo are: Waste Water: $77,580.00,Water: $87,774.00,Drainage: $3,026.07 and Streets: $215,674.18 (for 0.33 miles of street). Motion was seconded by Councilwoman Hale. For: Council Members: Troncoso,Castro,Hale,Carlton,Liparoto and Hicks; Against: None. Motion carried 6 to 0. C. Approval/Disapproval of the 2011 Final Tax Roll Report as submitted by Guadalupe County Tax Assessor. Councilman Troncoso moved to approve the 2011 Final Tax Roll Report. Motion was seconded by Councilwoman Hale. For: Council Members: Troncoso, Castro,Hale, Carlton,Liparoto and Hicks;Against: None. Motion carried 6 to 0. D. Discussion/Action and direction to staff on a upgrading the water line Wiedner Road to Green Valley Road. This item will be brought back to council on November 20,2011. E. Discussion/Action and direction to staff on amending Ordinance No. 615, Water Fees, Rates, and Billing Procedures. This ordinance was discussed by council and staff and will be brought back to the next regular scheduled meeting. F. Discussion/Action and direction to staff on the City of Cibolo taking over Loop 539 from TxDOT. Council discussed the item and gave permission for the City Manager to negotiate with TXDot on possible repairs to Loop 539 and the City of Cibolo taking over the road. For: Council Members: Troncoso, Castro,Hale, Carlton and Liparoto; Against: Councilman Hicks. Motion carried 5 to 1. G. Discussion on the Capital Improvement Plan. Council will look over the handouts they received and send to the City Secretary their top nine items for the Cibolo Comprehensive Plan Objectives. H. Discussion/Action and direction to staff on the parking along Borgfeld Road from Dobie Immediate School to Wiederstein Elementary. The Interim City Manager will work with the School District and bring back to council possible solutions to the parking issue along Borgfeld Road from Dobie to Wiederstein Elementary School. I. Discussion/Action and direction to staff on the bids received for the purchase of playground equipment for Niemietz Park in conjunction with a Community Development Partnership Program Grant awarded to the City of Cibolo by the Guadalupe Valley Electric Cooperative and the Lower Colorado River Authority. ED Director Mark Luft briefed this item to council. Councilman Liparoto moved to accept the bid from Park Place Design for $20,500 for purchase of playground equipment for Niemietz Park. Motion was seconded by Councilman Troncoso. For: Council Members: Troncoso, Castro, Hale, Carlton, Liparoto and Hicks; Against: None. Motion carried 6 to 0. J. Discussion/Action on the review and confirmation of all upcoming special meetings and workshops and scheduling the time, date, and place of additional special meetings or workshops. No changes to the calendars. Mayor reminded everyone on Cibolofest on October 15`i' and Special Council Meeting on October 20,2011. 4 13. Resolutions A. Approval/Disapproval a resolution authorizing the initial contribution of 250,000.00 to the Cibolo Valley Local Government Corporation. This resolution will be brought back to the next regular council meeting. 14. City Council request(s)regarding specific items or staff reports to be scheduled for future agendas. Mayor Hartman requested the inter-local with the County be placed on the next agenda. 15. Adjournment: Councilwoman Hale moved to adjourn the meeting at 9:06 p.m. Motion was seconded by Councilman Castro. For: All;Against:None. Motion carried 6 to 0. PASSED AND APPROVED THIS 25TH DAY OF OCTOBER 2011. Jennife artman Mayor ATTEST: Peggy Cimics,TRMC City Secretary 5