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Min CC 05/10/2011 Of C/ �y nmmwmx 90 \ 3� r= o �13�MM)//IIHIIIIU�� �£ XA�' "Cirg of Choke" City Council Meeting CIBOLO MUNICIPAL BUILDING 200 S. MAIN May 10, 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,Place 1 Councilman Krasnai,Place 2 Councilman Wiederstein,Place 3 Place 4 vacant Councilman Carlton,Place 5 Councilman Liparoto,Place 6 Councilman Hetzel,Place 7 Staff Present: City Manager Bruce Pearson, City Attorney Charlie Zech, City Secretary Peggy Cimics, ED Director Mark Luft,Finance Suzan Turner, Police Chief Gary Cox and Robert Stricker Community Development Services. 3. Invocation—Invocation was given by Councilman Carlton. 4. Pledge of Alle ig ance—All those 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 following citizens had signed up to be heard by council: Pat O'Brien of 210 Tapewood spoke to council on changing the guidelines for "Citizens to be Heard". Mr. O'Brien felt that it was the first amendment right of each citizen to be able to speak, for council to listen and for council to do what's right as elected officials. Mr. O'Brien also spoke on the censure of the Mayor and the council being able to do the right thing. Robert Stricker,Cibolo Community Development Ser.Director spoke to council concerning"Citizens to be Heard". He felt that individuals should have the right to speak but the comments are being made over and over 1 again by the same people. The continual attacks on individuals and the You Tube video hurt Cibolo's development and future retail opportunities. Brent Hartman of 136 Earhart Lane spoke on item 8B &C. Mr.Hartman did not feel that the Mayor received her "Do Process" on the censuring of the Mayor. He also did not feel that Robert's Rules of Order were being followed by council. On item 8B he did not feel that council should squash the rights of the citizens to speak Melvin Hicks of 119 Apache Circle spoke on the rights of all individuals to speak. Mr. Hicks did not feel that that right should be denied any citizen. Joyce Schryrer of 109 Buffalo Trail signed up to speak on item 11A but gave those minutes to Mr. Hartman. Mr. Hartman brought up letter filed against Councilman Winn and council doing nothing about it and also spoke about several e-mail between the City Manager and Councilman Winn. 6. Consent Agenda—Consent Items (General Items) A. Approval of the minutes of the City Council Meeting held on April 26, 2011. B. Acceptance of the March 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 March 31, 2011 pending final acceptance of the City's financial audit for the 2010/2011 Fiscal Year. Councilman Krasnai moved to approve the consent agenda. Motion was seconded by Councilman Pedde. For: Councilman Hetzel, Liparoto, Carlton, Wiederstein, Krasnai and Pedde; Against: None. Motion carried 6 to 0. 7. Presentation A. Presentation of the City Manager's Quarterly Award winner for January—March 2011. This item was postponed until the next regular scheduled council meeting. 8. 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 and Cibolo Economic Development Corporation. Councilman Liparoto moved to appoint Marla Makley to the Parks and Recreation Commission. Motion was seconded by Councilman Pedde. For: Councilman, Hetzel, Liparoto, Carlton, Wiederstein, Krasnai and Pedde;Against: None. Motion carried 6 to 0. B. Discussion/Action on rescindingtrevoking the resolution censuring the Mayor. Councilman Krasnai made the motion to revoke the resolution censuring the Mayor. Motion was seconded by Councilman Liparoto. For: Councilman Liparoto and Krasnai; Against: Councilman Pedde, Wiederstein, Carlton and Hetzel. Motion failed 4 to 2. C. Discussion/Action and direction to staff on procedures during"Citizens to be Heard". Council discussed this item and Councilman Pedde directed staff to bring back to the next meeting guidelines to use during the"Citizens to be Heard"portion of the agenda. 2 D. Discussion/Action and direction to staff on demographics of the City's CIP Plan Committee. Councilman Liparoto moved to direct staff to visit with the various Boards, Commissions, Committees and the EDC about the upcoming project and notify the various chairpersons about being a member of the CIP Plan Committee and to engage 4 citizens to be members before bringing their names for approval by the City Council. Motion was seconded by Councilman Pedde. For: Councilman Pedde, Krasnai, Wiederstein, Carlton,Liparoto and Hetzel;Against: None. Motion carried 6 to 0. E. Presentation/Discussion/Action on issues at Cibolo Valley Ranch Unit 7. Robert Stricker Community Development Services Director briefed council that this area of concern on Prickly Pear has been looked at by both staff and the City Engineer. It was determined that this area would be redone with some specific requirements. Once completed and inspected would be brought back to council for final acceptance. Mr. Gillen was thanked for bringing this to the attention of the City. F. Discussion/Action on the transfer of the "Old Cibolo School" and adjoining property from SCUCCISD to the City of Cibolo. City Manager Bruce Pearson informed council that the School Board would be having a Public Hearing on May 26, 2011 and it would be nice if some members of council could be there. Councilman Carlton stated that he would attend the Public Hearing. G. Approval/Disapproval of a Interlocal Agreement between the City of Cibolo and the Schertz-Cibolo- Universal City Independent School District concerning SRO Officers. This item was pulled from the agenda and will be back to council at a later meeting. H. 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 May and June 2011. 9. Proclamation A. Proclamation designating Mayl5th as National Peace Officers' Memorial Day and the week in which Mayl5th falls as "National Police Week. Mayor Hartman read the Proclamation for National Police Week designating Mayl5th as National Peace Officers' Memorial Day and the week in which Mayl5th falls as"National Police Week. 10. Ordinance A.Approval/Disapproval of an ordinance providing for rules and regulations governing the use of Niemietz Park, Rich Park,Veteran Memorial Park and the Cibolo Multi Events Center. Councilman Pedde moved to approve the ordinance providing for rules and regulations governing the use of Niemietz Park, Rich Park,Veteran Memorial Park and the Cibolo Multi Events Center. Motion was seconded by Councilman Krasnai. For: Councilman Hetzel,Liparoto,Carlton,Wiederstein,Krasnai and Pedde; Against: None. Motion carried 6 to 0. 11. 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: 3 A. Investigate the allegations of improper wrong doing by the City Manager. B. Discussion on the legal issues associated with an agreement between the City and Blanton Development Company. Council convened into Executive Session at 7:54 p.m. 12. 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 10:01 p.m. Councilman Liparoto stated that council had a few items they still needed to look into on item 11A and that they would bring this back at a later date. 13. Staff Updates A. Capital Projects Schedule B. Community Development Services Department C. Court Department D. Economic Development Robert Stricker,Community Development Services gave Council an update on his department. 14. Ci ,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 briefed council on the above items. 15. City Council request(s)regarding specific items or staff reports to be scheduled for future agendas. Councilman Pedde requested staff bring back examples for council to look at on the "Citizen to be Heard" Guidelines. Councilman Liparoto would like to see a discussion/action item on the Personnel Policy concerning the sick and vacation time for exempt employees. 4 16. Adjournment Councilman Wiederstein moved to adjourn the meeting at 10:10 p.m. Motion was seconded by Councilman Krasnai. For: All;Against:None. Motion carried 6 to 0. PASSED AND APPROVED THIS 24TH DAY OF MAY 2011. Jennifer Hartman Mayor ATTEST: �10-9f1-7 1�7 Peggy Cimics,TRMC City Secretary 5