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Min CC 09/13/2011 k OF C/80 C t +t r r�,X,As `City of Choke' City Council Meeting CIBOLO MUNICIPAL BUILDING 200 S. MAIN September 13, 2011 7:00 P.M. MINUTES 1. Call to Order—Mayor Hartman called the meeting to order at 7:00 p.m. 2. Roll Call Mayor Hartman Councilman Pedde—Absent Councilman Troncoso—Absent Councilman Castro Councilwoman Hale Councilman Carlton Councilman Liparoto Councilman Hicks Staff' Chief Cox, City Secretary Peggy Cimics, City Attorney Charlie Zech, Fire Chief Roger Niemietz, Finance Director Anna Marquez, ED Director Mark Luft, Community Dev. Director Robert Stricker, Planner Randall Anderson, and Utility Superintendent Bill Dee. 3. Invocation—Invocation was given by Councilman Carlton. 4. Pledge of Alle ig ance—All in attendance recited the Pledge of Allegiance. 5. 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. Diana Hidenrite of 5717 Lower Seguin Rd spoke to council on her opposition to the annexation. Council received a petition from 38 residents that live in the Sioux Circle/Buffalo Trail of Old Town protesting the citations they received for illegal parking because they felt they were not given proper notice prior to the issuance of a new ordinance that had been established. 6. Public Hearing A. City of Cibolo will hold a Public Hearing to hear public testimony concerning 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 Stolte Road and North of Interstate Highway 10. Mayor Hartman opened the Public Hearing at 7:07 p.m. 1 Council received responses from 25 petitioners from the annexation Area 1 on September 6, 2011 opposing the annexation. Council received on September 7,20117 additional petitions opposing the annexation of Area 1. Council received an additional 2 petitions on September 9,2011 opposing the annexation of Area 1. The following individuals signed up to speak during the Public Hearing in opposition of the annexation: Angela Smith — 140 Valley Hill Ln, Patrick Marbach — 149 Valley View, Kevin Schneider — 205 Green Meadow Dr.,Jack McMahon—9889 Weir Rd,and Patsy Beckett—189 Green Meadow. The following also spoke when the Mayor asks for any additional comments: Fred Salinski, Don Stevens and Patrick Marbach all spoke in opposition. Francisco Rios spoke to council on the parking tickets —this should have been address at the Citizen to be Heard and the Mayor informed Mr.Rios that the Police Chief would speak with after the meeting. Mayor Hartman closed the Public Hearing at 8:08 p.m. B. City of Cibolo will hold a Public Hearing regarding the proposed Budget for FY 2012. Mayor Hartman opened the Public Hearing regarding the Budget for FY 2012 at 8:08 p.m. Bruce Winter spoke to council and had questions about several line items on the proposed Budget for FY 2012. Mayor Hartman closed the Public Hearing at 8:23 p.m. 7. 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 legal issues associated with the Cibolo Multi-Event Center. Council convened into Executive Session at 8:24 p.m. 8. Open Session Reconvene into Regular Session and take action/or give direction, if necessary, on items discussed in Executive Session. Council reconvened into regular session at 8:49 p.m. 9. Consent Agenda—Consent Items (General Items) A. Approval of the minutes of the Council Budget Workshop held on August 22, 2011. B. Approval of the minutes of the Regular City Council Meeting held on August 23, 2011. C. Approval of the minutes of the Special City Council/Public Hearing held on August 31, 2011. Councilman Hicks moved to approve the consent agenda. Motion was seconded by Councilman Liparoto. For: Council Members Castro,Hale,Liparoto, Carlton and Hicks; Against:None. Motion carried 5 to 0. 2 10. Staff Updates A. Capital Projects Schedule B. Court C. Community Development Services D. Police Department Chief Cox gave council an update on City Projects. Lt Kotzur briefed on the Police Department activities for the month of August 2011. 11. 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. Councilman Hicks moved to approve the appointment of David Bush to the Planning and Zoning Commission. Motion was seconded by Councilman Liparoto. For: Council Members: Castro,Hale, Liparoto, Carlton and Hicks; Against:None. Motion carried 5 to 0. B. Discussion/Action on the re-appointment of Lesley Pedde as the City of Cibolo's Director for the Cibolo Valley Local Government Corporation. Councilman Liparoto moved to approve the appointment of Lesley Pedde as the City of Cibolo's Director for the Cibolo Valley Local Government Corporation. Motion was seconded by Councilman Castro. For: Council Members: Castro,Hale,Liparoto, Carlton and Hicks; Against:None. Motion carried 5 to 0. C. Discussion on what the school district intention is concerning the old Wiederstein School. Chief Cox informed the council that the school district had not made a decision on what they will be doing with the school. Presently they are still using the school for adult classes. D. Discussion/Action and direction to staff on the City Managers Selection Process. Council discussed the City Manager Selection Process. Requested that the Interim City Manager and the City Secretary to go over the resumes that have been submitted and put them in qualified or not qualified as per the advertisement published for the position. Council has set a date of October 20, 2011 for a Special Meeting to go over the qualified candidates. E. Discussion/Action and direction to staff on Municipal Elections. Council was informed that the Guadalupe Count y Election Office would not have a problem supporting Cibolo in the upcoming May elections. F. Discussion/Action and direction to staff on the City's ETJ map changes resulting from action by the City of Santa Clara. Council requested that the City Engineer map all the changes so the City could see what direction needs to be taken. 3 G. Discussion/Action and direction to staff on a Fund Balance Policy for the City of Cibolo. Councilwoman Hale moved to approve the Fund Balance Policy. Motion was seconded by Councilman Hicks. For: Council Members: Castro, Hale, Carlton, Liparoto and Hicks; Against: None. Motion carried 5 to 0. H. Discussion/Action and direction to staff on the Code of Ethics for the City of Cibolo. Councilman Hicks moved to approve the Code of Ethics. Motion was seconded by Councilwoman Hale. For: Council Members: Castro,Hale, Carlton,Liparoto and Hicks; Against:None. Motion carried 5 to 0. I. Discussion/Action and direction to staff on the Time Warner Cable Franchise. Due to the recent legislation SB 1087 which requires that the 1% fee that is collected for Public Educational and Government (PEG) facilities be maintain separately council request staff to provide additional information on how those funds could be used. J. Discussion/Action and direction to staff on amending Ordinance No. 615 by amending Section 6 Fees, Rates and Billing Procedures. Council requested that this item be brought back to council as an amendment to Ordinance No 615. K. Discussion/Action and direction to staff on setting a date time and place for a Public Hearing on an ordinance to amend Ordinance 956 the Drainage Utility Rate levied and imposed for the Municipal Drainage Utility. Staff will set a date,time and place for a Public Hearing when discussing the calendar. L. 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. Council added a Public Hearing at the Council Meeting for October 11, 2011 at 7:00 p.m. to hear public input on amending Ordinance 956 the Drainage Utility Rate levied and imposed for the Municipal Drainage Utility. Council also added a Special Council Meeting for October 20, 2011 at 7:00 p.m. to go over the City Manager's resumes. 12. Resolution A. Approval/Disapproval of a Resolution nominating a candidate to the Guadalupe County Appraisal District Board of Directors. Councilman Carlton moved to approve a Resolution nominating Sylvia Schlather to the Guadalupe County Appraisal District Board of Directors. Motion was seconded by Councilman Liparoto. For: Council Members: Castro,Hale, Carlton,Liparoto and Hicks;Against:None. Motion carried 5 to 0. 13. Ordinances A. Approval/Disapproval of an ordinance amending Chapter 14 of the City's Code of Ordinances; adopting the 2009 Edition of the International Mechanical Code. Councilwoman Hale moved to approve the ordinance amending Chapter 14 of the City's Code of Ordinances; adopting the 2009 Edition of the International Mechanical Code. Motion was seconded by Councilman Castro. For: Council Members: Castro, Hale, Carlton, Liparoto and Hicks; Against: None. Motion carried 5 to 0. 4 B. Approval/Disapproval of an ordinance to adopt the FY 2011/2012 Budget. Councilman Castro moved to approve and adopt the FY 2011/2012 Budget. Motion was seconded by Councilman Liparoto. For: Council Members: Castro, Hale, Carlton, Liparoto and Hicks' Against: None. Motion carried 5 to 0. C. Approval/Disapproval of an ordinance to adopt the FY 2011/2012 Tax Rate. Councilman Carlton moved that the property tax rate be increased by the adoption of a tax rate of$0.4256, which is effectively a 1.84 percent increase in the tax rate. Motion was seconded by Councilman Liparoto. For: Council Members: Castro,Hale,Liparoto, Carlton and Hale; Against:None. Motion carried 5 to 0. 14. City Council request(s)regarding specific items or staff reports to be scheduled for future agendas. Councilman Castro requested an update on Cibolofest and the Parks Commission. Councilman Liparoto would like an item on the next agenda to appoint Cibolo's representative to the CRWA Board of Managers and also a discussion on the acquit ion of CRWA pipeline from Haeckerville Rd to the Industrial Park. 15. Adjournment: PASSED AND APPROVED THIS 27TH DAY OF SEPTEMBER 2011. Jennifer artman Mayor ATTEST: Peggy Cimics,TRMC City Secretary 5