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Min CC 04/12/2011 U rt '_0 xx '�i`,y�i«xumu°W T£ X A5 "Cin/of Choice" City Council Meeting CIBOLO MUNICIPAL BUILDING 200 S. MAIN April 12, 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 Councilman Krasnai Councilman Wiederstein Councilman Winn Councilman Carlton Councilman Liparoto Councilman Hetzel Staff: City Manager Pearson, City Secretary Cimics, City Attorney Zech, ED Director Luft, Police Chief Cox,Comm.Dev. Ser.Director Stricker 3. Invocation—Invocation was given by Councilman Wiederstein. 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 following citizens signed up to be heard: Madison Myers of 1196 FM 78 spoke to council on her Leadership Group and the many community events they are involved in. Some of the activities have been a recent Rampage Game where they gave a demonstration,Easter egg hunt,Project Soldier Angel and Relay for Life. Joyce Schryver of 109 Buffalo Trail spoke to council on several issues referring the City Manager. She asks about his primary residence, his use of a City vehicle to drive to Spring Branch, gas/fuelman charges, relocation money and several other items. 1 Joel Hicks of 222 Lamar spoke to council on the extension of the City Managers contract. Mr. Hicks made the statement that Councilman Winn and his wife were selling prescription drugs to City employees. He also wanted to know why the council has taken no action on his complaint against Mayor Pro-tem Winn. Al Gillen of 232 Anvil Place spoke on the sound system in the Council Chamber and he also wanted to know why the road was torn up on Prickly Pear in Cibolo Valley Ranch Unit 7 just after council accepted the subdivision. 6. Consent Agenda—Consent Items (General Items) A. Approval of the minutes of the City Council Meeting held on March 22,2011. B. Approval of the minutes of the City Council Work Session held on March 31, 2011. C. Approval of the bid results received for the Town Creek West Drainage Project and Schlather Park. D. Approval of awarding the contract for the Town Creek West Drainage Project and Schlather Park to the low bidder MAC,Inc.not to exceed the amount associated with option 3 for a total cost of $1,561.494.50. Councilman Winn moved to approve the consent agenda with one correction to the minutes of March 22, 2010. Mr. Winn added the word "year" between the words three and extension on item 12. Motion was seconded by Councilman Pedde. For: Councilman Hetzel, Liparoto, Carlton, Winn, Wiederstein, Krasnai and Pedde;Against: None. Motion carried 7 to 0. 7. Public HearinJAction A. The City of Cibolo will hold a Public Hearing to hear public testimony concerning amendments to the Zoning Ordinance as follows: Regulating home occupations and exterior building design, defining"agricultural",creating an Agricultural zoning classification, specifying zoning districts where agricultural uses are permitted, establishing environmental performance standards for non-residential users and designating a temporary zoning classification for properties annexed into Cibolo. Mayor Hartman opened the Public Hearing at 7:20 p.m. No citizen's spoke at the hearing and the Mayor closed the Public Hearing at 7:21 p.m. B. Approval/Disapproval of amending Ordinance No. 934, City of Cibolo Zoning Ordinance, providing policies and procedures as allowed under the Texas Local Government Code regulating home occupations, exterior building design criteria, providing a definition for agricultural, create an agricultural zoning district, establish zoning districts where agricultural uses are permitted; establish agricultural zoning district lot design standards for principal and accessory buildings, establish environmental performance standards and designate an initial temporary zoning district for properties annexed into the City. Councilman Liparoto moved to approve amending Ordinance No. 934, City of Cibolo Zoning Ordinance providing policies and procedures as allowed under the Texas Local Government Code regulating home occupations,exterior building design criteria,providing a definition for agricultural,create an agricultural zoning district,establish zoning districts where agricultural uses are permitted; establish agricultural zoning district lot design standards for principal and accessory buildings,establish environmental performance standards and designate an initial temporary zoning district for properties annexed into the City. Motion was seconded by Councilman Pedde. For: Councilman Hetzel,Liparoto,Carlton,Winn,Wiederstein, Krasnai and Pedde;Against:None. Motion carried 7 to 0. 2 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 Winn moved to approve the appointment of Les Cook to the Parks Commission. Motion was seconded by Councilman Liparoto. For: Councilman Hetzel,Liparoto,Carlton,Winn,Wiederstein and Krasnai;Against:None; Abstain: Councilman Pedde. Motion carried 6 to 0. Councilman Liparoto moved to approve the re-appoint of David Peacock and Lesley Pedde to a two year term with the Economic Development Corporation. Motion was seconded by Councilman Winn. For: Councilman Hetzel,Liparoto, Carlton,Winn,Wiederstein and Krasnai;Against: None;Abstain: Councilman Pedde. Motion carried 6 to 0. B. Presentation/Discussion from Riata Financial on the City's Medical/Health Plan. Brent McConico from Riata Financial Group gave council a quarterly report on the City's medical coverage. C. Discussion/Action and direction to staff on adopting the seven initiatives as Cibolo's Strategic Guide. City Manager Bruce Pearson discussed the initiatives that City Staff used during the February 2010 budget process. These initiatives were implemented by the staff and presented to Council at the March 23,2010 Council Meeting. City Staff would like to see these initiatives enact as a Strategic Guide which will provide clarity for the future considerations with the CIP Plan and the various Boards and Commissions. Councilman Winn moved to direct staff to bring back to City Council at the next meeting a resolution adopting these seven initiatives as Cibolo's Strategic Guide now and in the future. Motion was seconded by Councilman Wiederstein. For: Councilman Hetzel, Liparoto,Carlton,Winn,Wiederstein,Krasnai and Pedde;Against: None. Motion carried 7 to 0. D. Discussion/Action and direction to staff to establish a informal working group comprised of two City Council Members, two EDC Board of Director Members (including the President) and City staff(City Manager, ED Director and Finance Director), to review and make recommendations relating to an economic development incentive program and the parameters on the proposed program for the promotion and enhancement of commerce for business retention, expansion and recruitment in the City of Cibolo,as submitted by the ED Director. Mark Luft Economic Development Director and David Peacock Chair of the Economic Development Corporation spoke to Council on the proposed Incentive Programs. Councilman Hetzel moved to direct staff to establish an informal work group composed of ED Director,EDC Chairman,City Council and staff to assist in the development of an Economic Incentive Program for Cibolo. Motion was seconded by Councilman Carlton. For: Councilman Pedde,Krasnai,Wiederstein,Winn, Carlton,Liparoto and Hetzel; Against:None. Motion carried 7 to 0. E. Presentation/Discussion on the retaining wall on Kaylee Chase, Willow Bluff and Brockway in the Willow Pointe Subdivision. Robert Stricker briefed the Council on the problem with the retaining walls/fences on Kaylee Chase,Willow Bluff and Brookway.A couple citizens from the area did speak on the issue and the safety concerns they had. Council directed staff to see if the could contact the builder and see if anything can be done to help the citizens in this area. F. Presentation of Final Report; Discussion/Action on the investigation of the Mayor. Miguel Troncoso of 139 Navajo Circle spoke on this issue. He wanted to know how much money this 3 investigation cost the City?The investigator David Gonzalez from the Law Firm of Sumpter&Gonzalez did brief the City Council. Mr. Gonzalez notified council based on his analysis it does not appear that CCAN and/or Jennifer Hartman,in her capacity as President of CCAN engaged in any fraudulent or criminally negligent behavior during the period in which CCAN was out of compliance with Texas regulations governing the operation of non-profit organizations. The Council's decision to censure the mayor and cancel the City's contract with CCAN for Cibolofest would appear to satisfy the Council's obligation to serve the public interest in choosing an appropriate organization to coordinate Cibolofest. G. 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. City Secretary reminded the Council of a Public Hearing for April 27`h at 6:00 p.m. 9. Resolutions A. Approval/Disapproval of a Resolution appointing Ronald Pedde to a two year term as Cibolo's member to the Board of Trustees for Canyon Regional Water Authority. Councilman Liparoto moved to appoint Councilman Pedde to a two year term as Cibolo's member to the Board of Trustees for Canyon Regional Water Authority. Motion was seconded by Councilman Krasnai. For: Councilman Hetzel,Liparoto,Carlton,Winn,Wiederstein and Krasnai;Against: None; Abstain: Councilman Pedde. Motion carried 6 to 0. B. Approval/Disapproval of a Resolution appointing Bruce Pearson to a one year term as Cibolo's member to the Board of Managers for Canyon Regional Water Authority. Councilman Pedde moved to approve Bruce Pearson to a one year term as Cibolo's member to the Board of Managers for Canyon Regional Water Authority. Motion was seconded by Councilman Liparoto. For: Councilman Hetzel,Liparoto, Carlton,Winn,Wiederstein,Krasnai and Pedde;Against: None. Motion carried 7 to 0. 10. Ordinance A. Approval/Disapproval of an ordinance by the City Council of the City of Cibolo providing for the second amendment of the budget for the fiscal year 2011. Councilman Winn moved to approve the ordinance providing for the second amendment of the budget for the fiscal year 2011. Motion was seconded by Councilman Pedde. For: Councilman Hetzel, Liparoto, Carlton,Winn,Wiederstein, Krasnai and Pedde;Against:None. Motion carried 7 to 0. 11. Executive Session The City Council will meet in Executive Session as authorized by the Texas Gov't Code Sec. 551.072 Deliberation about Real Property and Texas Gov't Code Sec. 551.071 Consultation with Attorney. A. Discussion regarding legal issues and property acquisition associated with Green Valley Special Utility District. Council convened into Executive Session at 8:39 p.m. 12. Open Session Reconvene into Regular Session and take action/or give direction, if necessary,on items discussed in Executive Session. 4 Council reconvened into Open Session at 8:56 p.m.No action taken. 13. Staff Updates A. Capital Projects Schedule B. Fire Department C. Community Development Services Department D. Economic Development Department City Manager informed Council that items above are as submitted in their packets. 14. City Manager's Message A. Cibolo Valley Local Government Corporation Update B. Saeco Grant Update C. Drainage Utility Mobilization and Update D. Upcoming Events 1. Cibolo Volunteer Fire Department Sausage 2. Steele High School Spring Game 3. Memorial Day Event City Manager 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 stated that he would like at the next Work Session a discussion on where does the City want to go with the Drainage District. 16. Adjournment Councilman Winn moved to adjourn the meeting at 9:01 p.m. Motion was seconded by Councilman Wiederstein. For: All;Against:None. Motion carried 7 to 0. PASSED AND APPROVED THIS 261H DAY OF APREL 2011 Je=* "KA"-- erwtn Mayor ATTEST: Peggy Cimics,TRMC City Secretary 5