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Min CC 06/28/2011 O f C/& O r �O '�a�xnmaaa• "City ofChoicee City Council Meeting CIBOLO MUNICIPAL BUILDING 200 S. MAIN June 28, 2011 7:00 P.M. MINUTES 1. Call to Order—Meeting was called to order by Mayor Hartman at 7:05 p.m. 2. Roll Call Mayor Hartman Councilman Pedde Councilman Troncoso Councilman Castro Councilwoman Hale Councilman Liparoto Councilman Carlton Councilman Hicks Staff: Interim City Manager Chief Gary Cox, City Attorney Charlie Zech, City Secretary Peggy Cimics, Finance Director Anna Marquez, ED Mark Luft and Community Development Service Robert Stricker 3. Invocation—Invocation was given by Councilman Carlton 4. Pledge of Allegiance—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. The individuals signed up to be heard: Greg Gibson Superintendent of the SCUCISD. He spoke to council on the school budget. Dr. Gibson stated that they received $4 million less from the State than last year. They expect approximately 550 more students this coming year. School is possible looking at a bond issue in May 2012 and at the present time they are looking at school boundaries. Mr. William Skinner of 4625 Lower Seguin Rd spoke on his volunteering at the Animal Control Facility and also his desire to be on the Animal Control Review Board. Robert Dean,Al Gillen and Mary Jane Phillips all signed up but did not wish to speak when called. 1 6. Consent Agenda—Consent Items (General Items) A. Approval of the minutes of the Regular Council Meeting held on June 14, 2011. B. Approval of the minutes of the Council Work Session held on June 22, 2011. C. Approval/Disapproval of the Final Plat for Saddle Creek Ranch Unit 3. D. Approval/Disapproval of the Final Plat for Saddle Creek Ranch Unit 4. Councilman Liparoto moved to approve the consent agenda. Motion was seconded by Councilman Pedde. For: Council Members: Hicks, Carlton, Liparoto, Hale, Castro, Troncoso and Pedde; Against: None. Motion carried 7 to 0. 7. Presentation A. Presentation of the Gary Kelly Service Award to the City's 2011 award winner. This item was postponed until the next meeting. B. Presentation to Tonya Fullenwider (Court) for 5 years of faithful and dedicated work with the City of Cibolo. (Mayor/CM) Mayor Hartman and Chief Cox presented Tonya Fullenwider with a plaque for 5 years of faithful and dedicated service to the City. 8. Ceremonial A. Re-appointment and Oath of Office to Judge Phillips. Councilman Liparoto moved to re-appoint Judge Phillip as Cibolo Municipal Court Judge for another two year term. Motion was seconded by Councilman Troncoso. For: Council Members: Hicks, Carlton, Liparoto, Hale, Castro, Troncoso and Pedde; Against: None. Motion carried 7 to 0. Judge Phillips was given the oath of office by the City Secretary. B. Judge Phillips - Report to City Council. Judge Phillips gave a report to council and all those present on the Cibolo Court. He explained the purpose of a Municipal Court and procedures that are used in the court. He thanks all those that work in court and stated that they make his job much easier. He was honored to be a small part of the City of Cibolo. 9. Staff Updates A. Capital Projects Schedule B. Animal Control C. Parks Department 2 C. Public Works Department D. Utility Department E. Drainage Utility Department Item 9A and 9B as presented in their package. Alex Gonzalez, Park Foreman gave the council a briefing on exactly what his department was responsible for and what had been accomplish in the past month. Robert Vela the Street & Drainage Superintendent gave the report for the Streets and Drainage Utility Departments. He passed out pictures of some of the work his crews are doing in the drainage areas of the City. Bill Dee, Superintendent of the Utility Department gave an update on his department and the projects that they are working on and the work completed in the last month. 10. 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 Troncoso moved to appoint Anthony Burgess to the Parks Commission. Motion was seconded by Councilman Carlton. For: Council Members: Hicks, Carlton, Liparoto, Hale, Castro, Troncoso and Pedde; Against: None. Motion carried 7 to 0. Councilman Castro moved to appoint Paul Maple to the Parks Commission. Motion was seconded by Councilman Carlton. For: Council Members: Hicks, Carlton, Liparoto, Hale, Castro, Troncoso and Pedde; Against: None. Motion carried 7 to 0. Councilman Liparoto moved to appoint William Skinner to the Animal Advisory Board. Motion was seconded by Councilman Hicks. For: Council Members: Hicks, Carlton, Liparoto, Hale, Castro, Troncoso and Pedde; Against: None. Motion carried 7 to 0. B. Approval/Disapproval of the Final Acceptance of Cibolo Valley Ranch Unit 7. Councilman Liparoto moved to approve the Final Acceptance of Cibolo Valley Ranch Unit 7 with the final valuation of the infrastructure improvements being dedicated to the City as Sanitary Sewer: $114,506.56,Water: $135,292.88 and Streets: $298,248.05. Motion was seconded by Councilman Troncoso. For: Council Members: Hicks, Carlton, Liparoto, Hale, Castro, Troncoso and Pedde; Against: None. Motion carried 7 to 0. C. Discussion/Action on the review and consideration of the Guadalupe Appraisal District 2011 Proposed Budget. Councilman Pedde moved to approve the Guadalupe Appraisal District 2011 Budget as submitted to the City. Motion was seconded by Councilman Castro. For: Council Members: Hicks, Carlton, Liparoto, Hale, Castro, Troncoso and Pedde; Against: None. Motion carried 7 to 0. D. Discussion/Action and direction to staff on the bid results received for the State Energy Conservation Office(SECO) Grant. Council accepted the bid results as submitted. 3 E. Discussion/Action and direction to staff on awarding the State Energy Conservation Office (SECO) Grant to Shafer Services. Councilman Hicks moved to award the State Energy Conservation Office (SECO) Grant to Shafer Services not to exceed $58,200. Motion was seconded by Councilman Troncoso. For: Council Members: Hicks, Carlton, Liparoto, Hale, Castro, Troncoso and Pedde; Against: None. Motion carried 7to0. F. Discussion/Action and direction to staff of the Public Improvement Agreement with Turning Stone. This item will be brought back to meeting scheduled for July 5, 2011. G. Discussion/Action and direction to staff on the 2008 Bond Propositions. 2008 Bond Proposition will be discussed at the July 5, 2011 scheduled meeting. H. Discussion/Action and direction to staff on updating the Future Land Use Map (FLUM). Councilman Liparoto moved to approve updating the Future Land Use Map excluding the Dean Property. Motion was seconded by Councilman Pedde. For: Council Members: Hicks, Carlton, Liparoto, Hale, Castro, Troncoso and Pedde; Against: None. Motion carried 7 to 0. I. Discussion/Action and direction to staff on establishing a Committee to update the Unified Development Code. Councilman Pedde moved for staff to bring back a resolution to establish a committee to update the Unified Development Code. The resolution will prescribe the purpose, composition, function, duties, accountability and tenure of each member along with all qualification as stated in the City Charter. Motion was seconded by Councilman Hicks. For: Council Members: Hicks, Carlton, Liparoto, Hale, Castro,Troncoso and Pedde; Against: None. Motion carried 7 to 0. J. Discussion/Action and direction to staff on amending the City of Cibolo's Building/Permit Fees Councilman Castro moved to have staff bring this item back as an amendment to the City's Fee Schedule. Motion was seconded by Councilman Pedde. For: Council Members: Hicks, Carlton, Liparoto, Hale, Castro,Troncoso and Pedde; Against: None. Motion carried 7 to 0. K. Discussion on the delivery of the Herald Newspaper to the Cibolo neighborhoods. Council discussed the Herald Newspaper and how they could have delivery into more Cibolo neighborhoods. L. Discussion/Action and direction to staff on the appointment of Board of Director to the Canyon Regional Water Authority(CRWA). Councilman Pedde informed council that he would be stepping down from the CRWA Board of Directors to concentrate on the newly form Cibolo Valley Local Government Corporation. Councilman Liparoto moved to place Councilman Castro on the Board of Directors to CRWA as Cibolo's representative. Motion was seconded by Councilman Carlton. For: Council Members: Hicks, Carlton, Liparoto, Hale, Castro, Troncoso and Pedde; Against: None. Motion carried 7 to 0. 4 M. Discussion/Action and direction to staff on the sidewalks/lack of sidewalk on Main Street and Cibolo Valley Drive. Both Rudy Klein, City Engineer and Chief Cox, Interim City Manager inform Council that for sidewalks to continue on Main Street from Cibolo Valley Drive we would have to require right-of-way and also move utility lines at the expense of the City. N. Discussion/Action and direction to staff on the possible sidewalks for Buffalo Trail and reflectors for the Utility Pole. Council requested that staff bring back a Policy on Sidewalks in the City and funding sources that could be use to build the required sidewalks. O. Discussion/Action on accepting a Drainage Easement of 1.2 acres of land in the 4200 block on Green Valley Road and authorizing the City Manager to execute the easement. Councilman Hicks move to accept a Drainage Easement of 1.2 acres of land in the 4200 block on Green Valley Road and authorizing the City Manager to execute the easement. Motion was seconded by Councilman Troncoso. For: Council Members: Hicks, Carlton, Liparoto, Hale, Castro, Troncoso and Pedde; Against: None. Motion carried 7 to 0. P. 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 July 2011. 11. Ordinance A. Approval/Disapproval of an Ordinance confirming and approving a boundary agreement establishing the Extraterritorial Jurisdiction (ETJ)boundary between the City of Cibolo and the City of New Berlin. Councilman Liparoto moved to approval the Ordinance confirming and approving a boundary agreement establishing the Extraterritorial Jurisdiction (ETJ) boundary between the City of Cibolo and the City of New Berlin. Motion was seconded by Councilman Pedde. For: Council Members: Hicks, Carlton, Liparoto, Hale, Castro,Troncoso and Pedde; Against:None. Motion carried 7 to 0. 12. Resolution A. Approval/Disapproval of a Resolution repealing previously passed Resolution Number 1410 Censuring Mayor Jennifer Hartman. Councilman Carlton moved to approve the Resolution repealing previously passed Resolution Number 1410 Censuring Mayor Jennifer Hartman. Motion was seconded by Councilman Troncoso. For: Council Members: Hicks, Carlton, Liparoto, Hale, Castro, and Troncoso; Against: Councilman Pedde. Motion carried 6 to 1. 5 B. Approval/Disapproval of a Resolution setting the City of Cibolo's Policy on recording Executive Sessions and allowing current City Council Members to review the recordings. This Resolution will be brought back to the council in July 2011. 13. 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 Sec. 551.087 Economic Development Negotiations to discuss the following: A. Discussion regarding legal issues associated with Roy Lee Parker. B. To deliberate the employment, discipline, or dismissal of the City Manager. C. To discuss and deliberate the commercial/financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations. Council convened into Executive Session at 9:56 p.m. 14. Open Session Reconvene into Regular Session and take action/or give direction, if necessary, on items discussed in Executive Session. Council reconvened into Open Session at 10:58 p.m. 15. City Council request(s)regarding specific items or staff reports to be scheduled for future agendas. Mayor Hartman requested that the Soliciting Ordinance be placed on the next agenda. Councilwoman Hale requested that staff draft a letter that Mayor/Council could sign to send to the Herald Newspaper to see if they could expand delivery of the Herald into more Cibolo neighborhoods. Councilman Castro requested that staff bring an ordinance back amending the Permit Fees. Mayor Hartman also requested Policy/Guidelines to use on sidewalks and funding source to support the proj ect. 6 16. Adjournment Councilman Carlton moved to adjourn the meeting at 11:01 p.m. Motion was seconded by Councilman Troncoso. For: All; Against: None. Motion carried 7 to 0. PASSED AND APPROVED THIS 12"DAY OF JULY 2011. ennifer H an Mayor ATTEST: II Peggy Cimics, TRMC City Secretary 7