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Min CC 05/24/2011 1 Of C, Y IIIIIUWIpNI/<y o0 G� r 0 TEXAr' "City of Choice" City Council Meeting CIBOLO MUNICIPAL BUILDING 200 S. MAIN May 24, 2011 7:00 P.M. MINUTES 1. Call to Order—Meeting was called to order by Mayor Hartman at 7:00 p.m. 2. Roll Call Mayor Hartman Councilman Pedde Councilman Krasnai—absent Councilman Wiederstein Councilman Liparoto Councilman Carlton Councilman Hetzel Staff Present: City Manager Bruce Pearson, City Secretary Peggy Cimics, City Attorney Charlie Zech, Police Chief Gary Cox, ED Director Mark Luft and Community Dev. Service Director Robert Stricken 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. (Attorney General Opinion—JC-0169) (Limit of three minutes each.) There were no citizens that wish to speak. 6. Consent Agenda—Consent Items (General Items) A. Approval of the minutes of the City Council Meeting held on May 10, 2011. B. Approval of the minutes of the Canvassing of the May 14, 2011 Election held on May 19, 2011. 1 Councilman Pedde moved to approve the consent agenda. Motion was seconded by Councilman Liparoto. For: Councilman Pedde, Wiederstein, Carlton, Liparoto and Hetzel; Against: None. Motion carried 5 to 0. 7. Public Hearing A. The City of Cibolo will hold a Public Hearing to hear public testimony concerning the proposed annexation of the properties described below: Acreage of real property within the City of Cibolo Extraterritorial Jurisdiction (ETJ) generally located as follow: Acreage generally East of the West Bank of Santa Clara Creek, North and South of Interstate Highhway 10, extending East up to and across the right-of-way of Center Road and Linne Road (County Roads 465/415). Properties fronting on each side of Dewey Lane are NOT proposed to be annexed. Mayor Hartman opened the Public Hearing at 7:02 p.m. City Manager Bruce Pearson went over the Service Plan. No citizens wish to speak on this item. Mayor Hartman closed the Public Hearing at 7:10 p.m. 8. Ceremonial A. Award to outgoing Council Members: Tony Krasnai, Jason Wiederstein, Dick Hetzel and Mark Winn. ' Council and staff presented several mementos to outgoing Council Members Tony Krasnai, Jason Wiederstein,Dick Hetzel and Mark Winn for their outstanding service to the City of Cibolo. B. Administering the oath of office to Mayor Jennifer Hartman, Councilman Miguel Troncoso, Place 2; Councilman Gabriel Castro, Place 3 and Councilman Melvin Hicks, Place 7. The oath of office was given to Mayor Jennifer Hartman, Councilman Miguel Troncoso, Place 2; Councilman Gabriel Castro, Place 3 and Councilman Melvin Hicks, Place 7 by the City Secretary. Council took a sort intermission at 7:20 p.m. so staff, family and friends could celebrate with both the outgoing and the new council. Council reconvened into regular session at 7:32 p.m. 9. Presentation A. Presentation to Duane Scoggins (Drainage Utility District) for 5 years of faithful and dedicated work with the City of Cibolo. This item will be brought back to the next council meeting. B. Presentation of the City Manager's Quarterly Award winner for January—March 2011. The City Manager Bruce Pearson presented the Quarterly Award for January thru March 2011 to Maggie Patterson and Cheyenne Eddy for their outstanding service during this timeframe. 2 10. Discussion/Action A. Discussion/Action and nominating/appointing an individual to fill the position of City Council Place 4 vacated by Mr. Winn. This individual will fill the position until the next regular scheduled City Election scheduled for May 2012. Council discussed this appointment and several motions were made but no applicant received the votes for nomination. Council stated that they had outstanding candidates to choose from and it was a very difficult decision. Council went into Executive Session at 8:11 p.m. Council returned to Regular Session at 8:21 p.m. Councilman Troncoso moved to nominate Ms. Hale to fill the City Council Place 4 seat. Motion was seconded by Councilman Liparoto. For: Council Members: Hicks, Liparoto, Castro, Troncoso and Pedde; Against: None. Motion carried 5 to 1. Ms.Hale was given the oath of office by the City Secretary and took her seat at the dais. B. Discussion/Action on the appointment of a Mayor-Pro-Tem. Councilman Hicks moved to nominate Councilman Carlton as Mayor Pro-Tem. Motion was seconded by Councilman Hicks. For: Council Members: Pedde, Troncoso, Castro, Hale, Carlton, and Hicks; Against: None. Abstain: Liparoto. Motion carried 6 to 0. C. Discussion/Action on the appointment of Council Liaisons to the Parks Commission, Street & Drainage Commission, Planning &Zoning Commission, Board of Adjustments, Water Resource Advisory Committee and the Animal Shelter Advisory Committee. The following Liaisons were appointed: Parks (Councilman Liparoto and Carlton); Street&Drainage (Councilman Hicks and Pedde); Planning &Zoning (Council Members Hale and Pedde); Economic Development(Councilman Pedde and Castro); and Animal Shelter Advisory(Castro) D. Discussion/Action on the removal, appointments and re-appointments to Planning and Zoning Commission, Parks Commission, Streets and Drainage Commission, Board of Adjustments Commission and Cibolo Economic Development Corporation. Councilman Pedde moved to appoint Reggie Brown to the Street&Drainage Commission. Motion was seconded by Councilman Hicks. For: Council Members: Pedde, Troncoso, Castro,Hale, Carlton, Liparoto and Hicks; Against: None. Motion carried 7 to 0. E. Approval/Disapproval of the Preliminary Plat for Cibolo Valley Ranch Unit 6A. Councilman Pedde moved to approve the Preliminary Plat for Cibolo Valley Ranch Unit 6A as submitted. Motion was seconded by Councilman Troncoso. For: Council Members: Pedde, Troncoso, Castro,Hale, Carlton, Liparoto and Hicks; Against: None. Motion carried 7 to 0. F. Approval/Disapproval of the Final Acceptance of Town Creek Village Unit 2. Councilman Liparoto moved to approve the Final Acceptance of Town Creek Village Unit 2 with the value of infrastructure as: Streets - $199,682.00; Drains - $21,601.00; Sewer- $53,133.00 and Water— $108,402.00. Motion was seconded by Councilman Pedde. For: Council Members: Pedde, Troncoso, Castro,Hale, Carlton, Liparoto and Hicks; Against: None. Motion carried 7 to 0. 3 G. Discussion/Action on rescinding/revoking the resolution censuring the Mayor. Councilman Carlton moved to have this item tabled until the next meeting. Motion was seconded by Councilman Liparoto. For: Council Members Pedde, Hale, Carlton and Liparoto; Against: Council Members Troncoso, Castro and Hicks. Motion carried 4 to 3. H. Discussion/Action and direction to staff on procedures during"Citizens to be Heard". Councilman Troncoso moved to approve the form submitted by staff with one change. Changing the minutes from three to five. Motion was seconded by Councilwoman Hale. For: Council Members: Pedde, Troncoso, Castro, Hale, Carlton, Liparoto and Hicks; Against: None. Motion carried 7 to 0. I. Discussion/Action and direction to staff on establishing single council member districts passed by the voters on May 14, 2011 election day. This item was discussed by council and will be brought back as a work session item at a later date. J. Approval/Disapproval of a Interlocal Agreement between the City of Cibolo and the Schertz-Cibolo- Universal City Independent School District concerning SRO Officers. Councilman Liparoto moved to approve the Inter-local Agreement between the City of Cibolo and the Schertz-Cibolo-Universal City Independent School District concerning SRO Officers. Motion was seconded by Councilman Pedde. For: Council Members: Pedde, Troncoso, Castro, Hale, Carlton, Liparoto and Hicks; Against: None. Motion carried 7 to 0. K. Discussion/Action on vacation/sick days for exempt personnel. Council discussed this item and just manted to make sure that exempt personnel were accounting for leave in a timely manner. 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 and Staff went over the calendar for May and June 2011. Hog Wild was added to the calendar for Jun 2e. 11. Ordinance A.Discussion/Action and Approval/Disapproval of an ordinance amending Chapter 74 (Traffic and Vehicles) of the Code of Ordinances by establishing a speed zone for portions of Tolle Road located within the City of Cibolo. Councilman Liparoto moved to approve the ordinance amending Chapter 74(Traffic and Vehicles) of the Code of Ordinances by establishing a speed zone for portions of Tolle Road located within the City of Cibolo. Motion was seconded by Councilman Pedde. For: Council Members: Pedde, Troncoso, Castro,Hale, Carlton, Liparoto and Hicks; Against: None. Motion carried 7 to 0. 12. Resolution 4 A.Approval/Disapproval on adopting a resolution containing findings of fact and establishing a public necessity requiring the condemnation of approximately twenty(20) feet or 0.39 acres and approximately twenty five (25) feet or 0.49 acres out of property owned by Mr. Jose Reyes, located at the northwest corner of Green Valley Road and Town Creek Road in Cibolo, Guadalupe County, Texas, legally described as 10.008 acres out of the James N. Richardson Survey No. 102, Abstract #277, City of Cibolo, Guadalupe County, Texas, contained in the attached proposed resolution, the acquisition of which is necessary for the fulfillment of the WW4-Phase 1 Project. Council convened into Executive Session at 9:26 p.m. Council reconvened into Regular Session at 9:38 p.m. Councilman Liparoto moved to approve adopting a resolution containing findings of fact and , establishing a public necessity requiring the condemnation of approximately twenty(20) feet or 0.39 acres and approximately twenty five(25) feet or 0.49 acres out of property owned by Mr. Jose Reyes, located at the northwest corner of Green Valley Road and Town Creek Road in Cibolo, Guadalupe County, Texas, legally described as 10.008 acres out of the James N. Richardson Survey No. 102, Abstract #277, City of Cibolo, Guadalupe County, Texas, contained in the attached proposed resolution, the acquisition of which is necessary for the fulfillment of the WW4-Phase 1 Project. Motion was seconded by Councilman Troncoso. For: Council Members: Pedde, Troncoso, Castro, Hale, Carlton, Liparoto and Hicks; Against: None. Motion carried 7 to 0. 13. Staff Updates A. Capital Projects Schedule B. Parks Department C. Utility Department D. Street&Drainage Development E. Animal Control As submitted. 14. City Manager's Message A. Cibolo Valley Local Government Corporation Update B. Drainage Update _ C. Cibolo Valley Drive Projects D. American Cancer Society E. Agenda Items City Manager Bruce Pearson went over the above items. 5 15. Executive Session The City Council will meet in Executive Session as authorized by the Texas Gov't Code Sec. 551.074 Personnel Matters and Sec. 551.071 Consultation with Attorney to discuss the following: A. Allegations of wrongful conduct by the City Manager. B. Previous City Council action on City Managers increase in compensation. Council convened into Executive Session at 9:45 p.m. 16. 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 11:40 p.m. Councilman Liparoto moved to suspend the City Manager with pay and appoint Chief Cox the interim City Manager. Motion was seconded by Councilman Troncoso. For: Council Members Castro, Hicks Hale, Troncoso and Liparoto; Against: Council Members Pedde and Carlton. Motion carried 5 to 2. 17. City Council request(s)regarding specific items or staff reports to be scheduled for future agendas. Council wish to have a audio/visual update at the next meeting and also a item on the Utility Drainage District/Fee to include the top 10 commercial and residential customers. 18. Adjournment Councilman Castro moved to adjourn the meeting at 11:48 p.m. Motion was seconded by Councilman Pedde. For: All; Against: None. Motion carried 7 to 0. PASSED AND APPROVED THIS 14'DAY OF JUNE 2011. �c Jennifer artman Mayor ATTEST: Peggy Cimics, TRMC City Secretary 6