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Min CC 03/22/2011 OF �4� o r 4 re x p,5 "City of Choice" City Council Meeting CIBOLO MUNICIPAL BUILDING 200 S. MAIN March 22, 2011 7:00 P.M. MINUTES 1. Call to Order—Meeting was called to order by Mayor Hartman 2. Roll Call Mayor Hartman Councilman Pedde Councilman Krasnai Councilman Wiederstein Councilman Winn Councilman Carlton Councilman Liparoto Councilman Hetzel Staff: City Manager Bruce Pearson,City Secretary Peggy Cimics,City Attorney Charlie Zech, Police Chief Gary Cox,Community Development Robert Stricker,Asst Fire Chief Kirk Timke, Interim Finance Director Suzan Turner,Assistant Planner Maggie Patterson and Planner Randal Anderson 3. Invocation—Invocation was given by Councilman Wiederstein. 4. Pledge of Allejance—Councilman Winn led 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: Sterling Kroll of 329 Kaylee Chase spoke to council on his concerns with an electric fence in the Willow Point Subdivision. This fence is located on Mr. Dean's property and fence put up by someone renting the Dean property.Electric fence Mr. Kroll feels is a safety issue for children in the area. Archie Cooper of 321 Brook Way spoke on the retaining wall in Willow Point Subdivision. Two walls are over 6ft in height and they are having trouble getting the developer Centex/Pulte to do anything about the situation. 1 Holly Grenwelge of 269 Willow Bluff also spoke about the retaining walls in Willow Point and felt that one of the walls looks as if it made fall if we get any large amount of rain fall. Melissa Kroll of 329 Kaylee Chase also spoke on the electric fence on Mr. Dean's property. She did tell council that she realized that Mr. Dean was their fust but this fence was constructed by a renter of the property and was a danger to the children in the area. Brent Hartman of 136 Earhart Lane spoke to council on allegations of Mayor Pro-tem Mark Winn giving prescription drugs to City employees and also fuelman charges for the City Managers vehicle. Mr. Hartman stated that the City Manager is driving his City vehicle 65 miles a day when he supposedly only lives a mile or two from City Hall. He felt that there was corruption going on at City Hall. Melvin Hicks of 119 Apache Circle spoke against the contract extension of the City Manager. He felt that there would be at least two new members of council and possible four and they should make that decision after the May elections. Joyce Schryrer of Buffalo Trail also spoke on the extension of the City Manager contract. She said that the City Manager homestead was listed in Comal County and the mileage on his City vehicle showed that he was living in Comal County. Joel Hicks of 203 Lamar spoke on the extension of the City Managers contract. City employees had complaints against the City Manager and all the council is doing is rewarding the City Manager. Mr. Hicks stated this was a"slap in the face" to the employees. He also said that the City lost another employee do to the City Manager. Judy Tokar of 248 W. Borgfeld Road first thanked the council for their service to the City. She spoke against the contract extension for the City Manager. Ms.Tokar stated that the City Manager received$2,500 for relocation to move into the city and he was not living in Cibolo. Ms.Tokar stated that the City Manager had received a 14% salary increase in the last year the first raised being on May 11 for $5,000 but council had to come back and vote to correct on July 13. Ms.Tokar also stated that five female employees have quit, resigned or fired since Mr.Pearson became the City Manager. Pat O'Brien of 210 Tapwood spoke to council on the extension of the City Manager contract. He stated that he had seen the City vehicle that Mr. Pearson drives on FM 46(showed pictures of vehicle sitting at house in Spring Branch). Mr. O'Brien stated that the City Manager had cash check for $2500 for moving into the City and cost the City an additional $2000 a year for gas. Mr. O'Brien also mentioned statements made by Councilman Winn concerning the former Police Chief stating that he had been exonerated by the Texas Rangers. Mr. O'Brien wanted read into the record that "Initial investigative inquiry into aforementioned allegations by Texas Rangers Sergeant Dewayne Goll and Sergeant Jesse Valdez concluded that this inquiry involved administrative issues for the City of Cibolo into the Cibolo Police Department and its former Police Chief. The allegations being made are potential violations of the Fair Labor and Standards Act regarding overtime which can result in civil litigation." Both Mr. O'Brien and Councilman Winn stated different definitions of exonerated. 6. Consent Agenda—Consent Items (General Items) A. Approval of the minutes of the City Council Meeting held on March 8,2011. B. Acceptance of the January 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 January 31, 2011 pending final acceptance of the City's financial audit for the 2010/2011 Fiscal Year. D. Approval of Preliminary/Final Plat for Coffee Haus. 2 E. Approval of Preliminary/Final Plat for Kingdom Hall. Councilman Winn moved to approve the consent agenda with the attachment provided by the Mayor added to minutes of the March 8, 2011 Council Meeting. Motion was seconded by Councilman Pedde. For: Council Members: Pedde, Krasnai, Wiederstein, Winn, Carlton, Liparoto and Hetzel; Against: None. Motion carried 7 to 0. 7. Presentation A. Presentation and discussion from Riata Financial. This item will be brought back to the next council meeting. B. Presentation and discussion from the auditors on the fiscal year 2010 audit. Council received a briefing from Janet Pitman, auditor from Thompson, Williams, Biediger, Kastor & Young on the City of Cibolo audit for FY 2010. C. Presentation and discussion on traffic issues/speeding on Buffalo Trail. Police Chief Gary Cox gave council a briefing on the traffic counts on Buffalo Trail. Ms. Schryrer a citizen that lives on Buffalo Trail did speak to council on this item. She stated that she had lived on this street for over 17 years and have been asking for the City to install sidewalks for years.Rudy Klein, City Engineer did state that sidewalks could be put in on this street that there was room and no utility lines in the front yards. Council requested this item be placed on the next Street&Drainage agenda. 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. No action. B. Approval/Disapproval of a Preliminary Acceptance for Buffalo Crossing Unit 4-B. Councilman Liparoto moved to approve the Preliminary Acceptance for Buffalo Crossing,Unit 4-B. Motion was seconded by Councilman Winn. For: Council Member:Pedde, Krasnai,Wiederstein,Winn,Carlton, Liparoto and Hetzel;Against:None. Motion carried 7 to 0. C. Approval/Disapproval of a Preliminary Acceptance of Cibolo Valley Ranch Unit-8. Councilman Winn moved to approve the Preliminary Acceptance of Cibolo Valley Ranch Unit-8.Motion was seconded by Councilman Pedde.For: Councilman Pedde,Krasnai,Wiederstein,Winn,Carlton, Liparoto and Hetzel;Against:None. Motion carried 7 to 0. D. Approval/Disapproval of a Final Acceptance of Cibolo Valley Ranch Unit-7. This item was pulled from the agenda. 3 E. Discussion/Action about the overlapping boundaries between the City of Cibolo and City of New Berlin. Councilman Pedde moved to direct staff to bring back to council at the next meeting a resolution between the City of Cibolo and the City of New Berlin. Motion was seconded by Councilman Krasnai. For: Councilman Pedde,Krasnai,Wiederstein,Winn, Carlton,Liparoto and Hetzel;Against:None. Motion carried 7 to 0. F. Discussion/Action and direction to staff on annexation of properties along IH-10. Councilman Liparoto directed staff to move forward with the annexation of properties along IH-10. Motion was seconded by Councilman Winn. For: Councilman Pedde,Krasnai,Wiederstein,Winn, Carlton, Liparoto and Hetzel;Against:None. Motion carried 7 to 0. G. Discussion/Action on the hiring of an Assistant City Manager for Cibolo. Councilman Winn moved to direct staff to advertise for an Assistant City Manager as soon as possible. Motion was seconded by Councilman Carlton. For: Councilman Pedde, Krasnai, Wiederstein, Winn, Carlton,Liparoto and Hetzel; Against:None. Motion carried 7 to 0. H. Discussion/Action on the hiring a full-time employee for Human Resources. Councilman Krasnai moved to hire a Human Resource employee targeting a 1 October timeframe and the 2012 budget year. Councilman Pedde seconded the motion but stated that it would probably take that long or longer before someone would be able to come on board. For: Councilman Pedde, Krasnai, Wiederstein, Winn, Carlton,Liparoto and Hetzel; Against:None. Motion carried 7 to 0. I. 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 March and April 2011. 9. Resolutions A. Approval/Disapproval of a Resolution recognizing and approving the Non-Annexation Agreements executed between the City of Cibolo and property owners within the 377.31 acre annexation areas described as areas 1,2 and 3. Councilman Winn moved to approve the Resolution recognizing and approving the Non-Annexation Agreements executed between the City of Cibolo and property owners within the 377.31 acre annexation areas described as areas 1, 2 and 3. Motion was seconded by Councilman Wiederstein. For: Councilman Pedde,Krasnai,Wiederstein,Winn, Carlton,Liparoto and Hetzel;Against:None. Motion carried 7 to 0. 10. Ordinance A. Approval/Disapproval of an ordinance providing for the extension of Cibolo, Texas city limits by the annexation of tracts of land that contain an aggregate area of 173.95 acres.depicted as area 1 and area 2 being generally located along, and immediately North of the Interstate Highway 10 corridor between South Santa Clara Road and Santa Clara Creek, adjacent to the existing City limit boundary. Councilman Liparoto moved to approve the ordinance providing for the extension of Cibolo, Texas city limits by the annexation of tracts of land that contain an aggregate area of 173.95 acres depicted as area 1 and area 2 being generally located along, and immediately North of the Interstate Highway 10 corridor between South Santa Clara Road and Santa Clara Creek,adjacent to the existing City limit boundary.Motion was seconded by Councilman Krasnai. For: Councilman Pedde, Krasnai, Wiederstein, Winn, Carlton, Liparoto and Hetzel; Against:None. Motion carried 7 to 0. 4 B. Approval/Disapproval of an ordinance by the City Council of the City of Cibolo providing for the first amendment of the budget for the fiscal year 2011. Councilman Winn moved to approve the ordinance by the City Council of the City of Cibolo providing for the first amendment of the budget for the fiscal year 2011. Motion was seconded by Councilman Pedde. For: Councilman Pedde, Krasnai, Wiederstein, Winn, Carlton, Liparoto and Hetzel; 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. 551.071 ---- Consultation with Attorney and 551.074 Personnel Matters to discuss the following. A. Discussion regarding the legal issues on Shelby Koehler,et al v. City of Cibolo. B. Discussion regarding the complaints filed against Mayor Pro-Tem Mark Winn. C. Discussion regarding the evaluation/salary/contract extension of the City Manager. Council convened into executive session at 8:36 p.m. 12. Open Session Reconvene into Regular Session and take action/or give direction,if necessary,on items discussed in Executive Session to include the possible contract extension of the City Manager. Council reconvened into regular session at 10:42 p.m. Councilman Winn moved to approve a three extension of the City Managers contract with annual reviews. Motion was seconded by Councilman Wiederstein. For: Councilman Pedde, Krasnai,Wiederstein,Winn and Liparoto;Against: Councilman Carlton and Hetzel. Motion carried 5 to 2. 13. Staff Udp ates A. Capital Projects Schedule B. Police Department C. Animal Control Reports as presented in council packet. 14. City Manager's Message A. Cibolo Valley Drive Projects'Update B. Cibolo Valley Local Government Corporation Update C. Town Creek Regional Detention Design Update D. Saeco Grant Update City Manager gave council an update on the above items. 5 15. City Council request(s)regarding specific items or staff reports to be scheduled for future agendas. Councilman Liparoto requested a report on SCUCISD Police Department and the impact on Cibolo Police Department. Councilman Hetzel would like a final report on the investigation or closure of the investigation. Councilman Wiederstein would like to see a report on the retaining wall on Kaylee Chase 16. Adjournment Councilman Winn moved to adjourn the meeting at 10:55 p.m. Motion was seconded by Councilman Wiederstein. For:All;Against: None. Motion carried 7 to 0. PASSED AND APPROVED THIS 12TH DAY OF APRIL 2011. Jennifer ITartman Mayor ATTEST: Peggy Cimics,TRMC City Secretary 6