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Min CC 08/23/2011 y or C/49' V r O t k Y V Y � i T-eXA`� .0ty OJ Choice.' City Council Meeting CIBOLO MUNICIPAL BUILDING 200 S. MAIN August 23, 2011 7:00 P.M. MINUTES 1. Call to Order—Meeting was called to order at 7:01 P.M.by Mayor Hartman. 2. Roll Call Mayor Hartman Councilman Pedde Councilman Troncoso—absent Councilman Castro Councilwoman Hale Councilman Liparoto Councilman Carlton 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, Director of Community Dev. Services Robert Stricker and Superintendent of Utilities/Public Works Bill Dee. 3. Invocation—Invocation was given by Councilman Castro. 4. Pledge of Allegiance-The Pledge of Allegiance was recited by all in attendance. 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 factual response to items brought up by citizens. Those that signed up to speak all spoke during the agenda item: Mr. John Mada spoke on item 11C—Plumbing Code. Mr.Mata stated that he was from Houston and represented Plumbing Association. He had read over the codes Cibolo was going to adopt and felt it was well written and he did want the Council to know that Robert Stricker was an excellent Plumber and well respected in that field. Mr. Jimmy Shafer also spoke on item 11C and stated that he was a Master Plumber and had know Robert Stricker a long time and felt that the code being presented tonight was well written and met all the guidelines required. Mr.David Emler from RBK Architects also spoke to council on the codes being adopted tonight. He stated that he had work with the City in the past and by adopting the 2009 codes everyone could go on-line and known exactly what was required of them to do business in Cibolo. Mr.Al Gillen of 232 Anvil Place spoke on item 9D on the hiring of an Interim City Manager. Mr.Lee Perry the City's Fire Marshall spoke to council on a few of the codes up for adoption tonight but especially the Fire Code Item 11 F. He stated that as Fire Marshall he had not been given the opportunity to review the new ordinance and was concerned about thel &2 family dwelling and if we were adopting codes that lessens the requirements. Since this item was discussed during the agenda item Roger Niemietz,Fire Chief spoke up and stated as Fire Chief and Lee Perry's supervisory 1 both he and Robert Stricker had gone thm the codes together and safety is always number one concern. Mr.Niemietz felt the code was god for the City,residents and businesses. 6. Public Hearing A. City of Cibolo will hold a Public Hearing to hear public for the purpose of considering the replat of lot 3 into lots 4 and 5 from Cibolo Business Park. This tract is generally located on the northeast corner of FM 3009 and Dietz Road. Mayor Hartman opened the Public Hearing at 7:02 P.M.No citizens wanted to be heard and Mayor Hartman closed the Public Hearing at 7:03 P.M. B. City of Cibolo will hold a Public Hearing regarding the proposed tax rate for FY 2012. Mayor Hartman opened the Public Hearing at 7:04 P.M.No one which to speak at the Public Hearing and the hearing was closed at 7:04 P.M. 7. Consent Agenda—Consent Items(General Items) A. Approval of the minutes of the Workshop/Council Meeting held on August 9,2011. B. Acceptance of the July 2011 Check Register pending final acceptance of the City's financial audit for the 2010/2011 Fiscal Year. C. Acceptance of the Revenue & Expense Report ending July 30, 2011 pending final acceptance of the City's financial audit for the 2010/2011 Fiscal Year. Councilman Pedde moved to approve the consent agenda. Motion was seconded by Councilman Liparoto. For: Council Members: Pedde,Castro,Hale,Liparoto,Carlton and Hicks;Against:None. Motion carried 6 to 0. 8. Staff Updates A. Capital Projects Schedule B. Fire Department C. Parks D. Utilities E. Streets F. Drainage Utility Chief Cox briefed council on the Capital Project Schedule and Bill Dee went over the accomplishments for the month for the Utilities,Parks,Drainage Utilities and Streets Departments. 9. 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. No action. B. Approval/Disapproval of the Preliminary Plat for Buffalo Crossing Unit 5 and Unit 5A. Councilman Liparoto moved to approval Preliminary Plat for Buffalo Crossing Unit 5 and Unit 5A. Motion was seconded by Councilman Pedde. For: Council Members:Hicks,Carlton,Liparoto,Hale,Castro and Pedde;Against: None. Motion carried 6 to 0. 2 C. Approval/Disapproval of the re-plat of lot 3,block 1 of Cibolo Business Park and a variance to allow 5' interior side yard setbacks along the common lot line between proposed lots 4 and 5. Councilman Liparoto moved to approve the re-plat of lot 3,block 1 of Cibolo Business Park and a variance to allow 5' interior side yard setbacks along the common lot line between proposed lots 4 and 5. Motion was seconded by Councilman Pedde. For:Council Members:Hicks,Carlton,Liparoto,Hale,Castro and Pedde;Against:None. Motion carried 6 to 0. D. Discussion/Action and direction to staff on an interim City Manager during the timeframe that Chief Cox is at the FBI National Academy. Councilman Pedde moved to appoint Chief Niemietz the Interim City Manager. Motion was seconded by Councilman Castro. For: Council Members: Carlton,Liparoto,Hale,Castro and Pedde;Against:Hicks. Motion carried 5 to 1. E. Discussion/Action and direction to staff on Municipal Elections. City Secretary will obtain additional information from the County. Council requested this item be brought back to the next council meeting. F. 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 went over the calendar for Aug and Sep.2011. 10. Resolution A. Approval/Disapprova1 of a Resolution expressing official intent to reimburse costs incurred to construct drainage _ improvements an&to construct and equip ball fields and purchase land related thereto. Councilman Liparoto moved to approve the resolution expressing official intent to reimburse costs incurred to construct drainage improvements and to construct and equip ball fields and purchase land related thereto. Motion was seconded by Councilman Castro. For:Council Members:Hicks,Carlton,Liparoto,Hale,Castro and Pedde;Against:None. Motion carried 6 to 0. 11. Ordinances A. Approval/Disapproval of an ordinance authorizing the issuance, sale. and delivery of approximately $8,650,000 in aggregate principal amount_of"City of Cibolo, Texas G_ener_al Obligation Bonds, Series 20.11"; securing the payment- thereof by authorizing the levy of an annual ad valorem tax; and approving and authorizing the execution of a Paying - Agent/Registrar Agreement, a-Purchase Contract, an official statement and all other instruments and procedures related thereto. Councilman Pedde moved to approve .the ordinance authorizing the sale and delivery of approximately $8,650,000 in _ aggregate _principal amount of"City�of Cibolo,Texas General obligation Bonds, Series 2011. Motion was seconded by Councilman Castro. For: Council Members:Pedde,Castro,Hale,Liparoto,Carlton and Hicks;Against:None. Motion carried 6 to 0. B. Approval/Disapproval of an ordinance amending Chapter 14 of the City's Code of Ordinances; adopting the 2009 Edition of the International Property Maintenance Code. C. Approval/Disapproval of an ordinance amending Chapter 14 of the City's Code of Ordinances; adopting the 2009 Edition of the Uniform Plumbing Code. D: Approval/Disapproval of an ordinance amending Chapter 14 of the City's Code of Ordinances; adopting the 2009 Edition of the International Mechanical Code. E, Approval/Disapproval of an ordinance amending Chapter 14 of the City's Code of Ordinances; adopting the 2009 Edition of the International Residential Code. 3 F. Approval/Disapproval of an ordinance amending Chapter 14 of the City's Code of Ordinances; adopting the 2009 Edition of the International Fire Code. G. Approval/Disapproval of an ordinance amending Chapter 14 of the City's Code of Ordinances; adopting the 2009 Edition of the International Existing Building Code. H. Approval/Disapproval of an ordinance amending Chapter 14 of the City's Code of Ordinances; adopting the 2009 Edition of the International Building Code. I. Approval/Disapproval of an ordinance amending Chapter 14 of the City's Code of Ordinances; adopting the 2009 Edition of the International Energy Conservation Code. Councilman Pedde moved to approve Items 11 B,C,E,G,H and I. Motion was seconded by Councilman Castro. For: Council Members:Hicks,Carlton,Liparoto,Hale,Castro and Pedde;Against:None. Motion carried 6 to 0. Council discussed item 11F. Councilman Liparoto moved to approve ordinance amending Chapter 14 of the City's Code of Ordinances; adopting the 2009 Edition of the International Fire Code. Motion was seconded by Councilman Pedde. For: Council Members: Pedde, Castro, Liparoto and Carlton; Against: Council Members Hale and Hicks; Motion carried 4 to 2. Council discussed item 11D and decided to bring this item back at the next regular scheduled council meeting. 12. City Council request(s)regarding specific items or staff reports to be scheduled for future agendas. Mr. Hicks requested that the City Manager look at what the School District was doing with the Old Wiederstein Elementary School. 13. Adjournment: Councilman Castro moved to adjourn the meeting at 8:09 P.M. Motion was seconded by Councilman Pedde. For:All;Against:None. Motion carried 6 to 0. PASSED AND APPROVED THIS 13TH DAY OF SEPTEMBER 2011. Jennifer H an Mayor ATTESTED: Peggy Cimics,TRMC City Secretary 4