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Min CC 03/08/2011 O F C/9 �� luwaru uy O t r=o �'�///4/yllllllllll� "cuy of choice" City Council Meeting CIBOLO MUNICIPAL BUILDING 200 S. MAIN March 8, 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 Bruce Pearson,City Secretary Peggy Cimics,City Attorney Charlie Zech,City Engineer Rudy Klein,Fire Chief Roger Niemietz,Police Chief Gary Cox and Comm. Dev Services Robert Stricker 3. Invocation—Invocation was given by Councilman Carlton. 4. Pledge of Allegiance—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 by council: Fritz Schlather,21160 Forest Waters Circle, Garden Ridge spoke to council on the Schlather Family and thanked the council for naming the new park after his family. Bruce Salmon, 3767 Columbia briefed the council on the RBI Rattlers. He stated they now have 7 select teams with boys ages 8 to 18. Thanked the City for the partnership with the Rattlers on use of the fields. Melvin Hicks, 119 Apache Circle,Cibolo spoke on the need for sidewalks from Dobie to Wiederstein Elementary. Children should not have to walk in the street. 1 Joyce Schryver, 109 Buffalo Trail,Cibolo spoke to council on the cost for districts and wanted to know how the City came up with the cost. Paulette Phillips, 102 Rhea St,Cibolo spoke to council on the extension of the City Managers contract. Wanted to know why the City would extend a contract that still had 16 more months on the original contract and he was also one of the highest paid City Managers in the area. Al Gillen, 232 Anvil PI,Cibolo wants to know the revenue on the Multi-Event Center. 6. Consent Agenda—Consent Items (General Items) A. Approval of the minutes of the City Council Meeting held on February 22,2011. B. Approval of the minutes of the Public Hearing held on February 23,2011. C. Approval of the minutes of the Special Council Meeting held on February 28,2011. D. Approval of transferring the Assistant Fire Chief part-time paid person from the Cibolo Volunteer Fire Department to the City Fire side. E. Approval of reallocating funding from salary savings within existing budgets and from the Utilities IT and General Fund IT Replacement funds to purchase seven (7)computers and associated software. Councilman Hetzel pulled item 6E for further discussion. Councilman Pedde moved to approve the consent agenda items 6A thru D. Motion was seconded by Councilman Wiederstein. For: Councilman Pedde, Krasnai,Wiederstein,Winn,Carlton,Liparoto and Hetzel;Against:None. Motion carried 7 to 0. Councilman Hetzel ask questions on the price of the computer, software and expected life span for the computers. Councilman Pedde moved to approve consent agenda item E. Motion was seconded by Councilman Liparoto. For: Councilman Pedde, Krasnai,Wiederstein,Carlton and Liparoto;Against: Councilman Winn and Hetzel.Motion carried 5 to 2. 7. 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 taken. B. Approval/Disapproval of an Agreement between the City of Cibolo and National Sign Plaza. Councilman Winn moved to approve the Agreement between the City of Cibolo and National Sign Plaza. Motion was seconded by Councilman Pedde. For: Councilman Pedde,Krasnai,Wiederstein,Winn, Carlton,Liparoto and Hetzel;Against:None. Motion carried 7 to 0. C. Approval/Disapproval of accepting the bid and awarding contract for a Property & Evidence Room Management System for the Police Department. Councilman Winn moved to approve the award of the contract for the Property and Evidence Room Management System to Que Tel Corporation,in the amount not to exceed$27,101.00. Motion was seconded by Councilman Carlton. For: Councilman Pedde, Krasnai,Wiederstein,Winn,Carlton,Liparoto and Hetzel;Against: None. Motion carried 7 to 0. 2 D. Approval/Disapproval of a Field Use Agreement for 2011 between RBI Rattlers and the City of Cibolo. Councilman Liparoto moved to approve the Field Use Agreement for 2011 between RBI Rattlers and the City of Cibolo. Motion was seconded by Councilman Wiederstein. For: Councilman Pedde, Krasnai, Wiederstein,Winn,Carlton,Liparoto and Hetzel;Against:None. Motion carried 7 to 0. E. Discussion/Action on the Unified Development Code. Council directed staff to bring an ordinance back to council for approval. F. Discussion/Action on the status of the investigation council requested in October 2010 on the Mayor and estimate time of completion. Council was briefed on the status of the investigation and told that the two lawyer were trying to set up a time where they could meet and talk. Once meeting takes place it is a matter of writing up the report and submitting it to council.The investigator indicated that he had been trying to arrange a meeting with the Mayor through her attorney since January 29th, and that he also wanted to review CCAN's records. Investigation at this point has cost the City approximately$1400.00 much less than the price originally quoted. G. Discussion/Action on establishing a Capital Improvement Plan Committee. Council directed staff to bring back a list names for possible selection to the CIP Committee. H. Discussion on the selection committee for the Gary Kelly Award. Council was informed by staff that Mr. Carl Garza,Mr.Josh Welch and last year's award recipient Mr.Tex Farnsworth had all agreed to be members of this year's committee. I. Discussion/Action on authorizing the transfer of the "Old Cibolo School" and adjoining property from SCUCISD to the City of Cibolo. Councilman Winn moved to direct staff to bring a resolution back to council authorizing the transfer of the "Old Cibolo School" and adjoining property from SCUCISD to the City of Cibolo. Motion was seconded by Councilman Pedde. For: Councilman Pedde,Krasnai,Wiederstein,Winn,Carlton,Liparoto and Hetzel; Against: None. Motion carried 7 to 0. J. Discussion/Action on changes to the Personnel Policy. Councilman Winn moved to approve the calendar year option to calculate the 12-month period for Family Medical Leave Act(FMLA). Motion was seconded by Councilman Carlton. For:Councilman Pedde, Krasnai,Wiederstein,Winn,Carlton,Liparoto and Hetzel;Against: None. Motion carried 7 to 0. K. Discussion on the hiring of an Assistant City Manager for Cibolo. Council directed staff to bring this item back as a discussion/action item on the next agenda. L. Discussion on the hiring a full-time employee for Human Resources. Council directed staff to bring this item back as a discussion/action item on the next agenda. 3 M. 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. Two items were added to the March 2011 calendar. Parks Meeting was added for March 23,2011 starting at 6:00 p.m. and a Council Work Session was added for March 31,2011 at 6:00 p.m. 8. Resolutions A. Approval/Disapproval of a Resolution by the City of Cibolo authorizing The transfer of the "Old Cibolo School" and adjoining property from SCUCISD to the City of Cibolo. Councilman Liparoto moved to approve a Resolution by the City of Cibolo authorizing the transfer of the "Old Cibolo School" and adjoining property from SCUCISD to the City of Cibolo. Motion was seconded by Councilman Krasnai. For: Councilman Pedde,Krasnai,Wiederstein,Winn,Carlton,Liparoto and Hetzel; Against: None. Motion carried 7 to 0. 9. Ordinance A. Approval/Disapproval of an ordinance amending Ordinance No. 934 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. Mayor Hartman stated that she was asked to pull this item from the agenda. B. Approval/Disapproval of an ordinance that replaces Appendix B (Subdivision Ord)of the City of Cibolo Code of Ordinances with a Unified Development Code that codifies City Ordinances No. 590,635,638,662,683,686,687,756, 866, 881,and 953. Councilman Carlton moved to approve the ordinance that replaces Appendix B (Subdivision Ord.)of the City of Cibolo Code of Ordinances with a Unified Development Code that codifies City Ordinances No. 590,635,638,662, 683,686,687,756, 866, 881,and 953. Motion was seconded by Councilman Krasnai. For: Councilman Pedde, Krasnai,Wiederstein,Winn,Carlton,Liparoto and Hetzel;Against: None. Motion carried 7 to 0. 10. Staff Updates A. Capital Projects Schedule As submitted. B. Fire Department Briefed by Fire Chief Roger Niemietz. 11. City Manager's Message A. Building Renovations B. Saeco Grant C. Sales Tax Revenues 4 D. Building Permits E. Fire Department and Police Department Update F. NIMS Training City Manager Bruce Pearson briefed Council on the above items. 12. 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 contract of the City Manager. Council convened into Executive Session at 8:13 p.m. 13. 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 9:02 p.m. Councilman Winn moved to bring back to the next meeting a three year(3) contract extension with the same salary for the City Manager. Motion was seconded by Councilman Liparoto. For: Councilman Pedde, Krasnai,Wiederstein,Winn,Carlton,Liparoto and Hetzel;Against:None.Motion carried 7 to 0. 14. City Council requests)regarding specific items or staff reports to be scheduled for future agendas. No additional item added by council. 15. Adjournment Councilman Carlton moved to adjourn the meeting at 9:04 p.m. Motion was seconded by Councilman Wiederstein. For: All;Against: None. Motion carried 7 to 0. PASSED AND APPROVED THIS 22�DAY OF MARCH 2011. Jennifer Hartman Mayor ATTEST: �I Peggy Cimics,TRMC City Secretary 5 City Council Meeting Tuesday- March 8, 2011 Transcribed Item: 7F Mayor: Item F, Discussion/ Action on the status of the investigation Council request in October 2010 on the Mayor and estimate time of completion. Investigating Attorney: Good Evening. Would you like to tell you or update you on what's been done? Or status of (inaudible word)done?Or(inaudible ward) questions in what you'd like in terms of status reports. Ron Pedde: I think that, I guess the question that I asked when I asked for this item, we've had a lot of questions from the community, "What's the Status of this?" We thought it would have been done some time ago, so what we want to know is: are you doing it? Is it going?Are there problems? Investigating Attorney: An answer to your question:When I first prepared a memorandum saying what the scope of work would be, um I had taken it probably erroneously as an additional investigation,which in you know that theft is wrong, and so there is not much of weight of the legal aspects of it. The question is, did the person steal?You know that robbery is wrong, and do you have the facts including evidence.The question that you've asked,there is no easy legal answer that I found out. Upon the first rush into looking at the abuse of office code is fine, um but it ended up being a series of three questions. Um, some of which the Attorney General has already answered, but the City of Blue(inaudible), had a similar situation where an elected official was both serving on city council, but also had a question as to whether they could serve in a non-profit board.The Attorney General spends about seven (7) months deciding "yes, it's okay, but there can be no financial benefit." Fine, simple enough. But,then another part of the AG opinion says "however, um if however, um it's a that's a non- profit, it's like American Red Cross, um United Way, these are very large non-profits who may not address the issue on small non-profits.So that's the first issue that you have.What is a benefit? The second is um there is cases where, what if the actual benefit benefits the City. It's one thing if I'm personally benefiting but what if the work of the non-profit then benefits the city? And legislatures have been asked if they could have been able to use state resources to send out constituent newsletters or Christmas cards.Attorney General said "No, but you can pay for postage but you don't have the right to use state resources,such as time,to do so." So on or about January 26, 1 would say the first phase of figuring out the legal opinions about what could happen has finished,the second part and I did it in reverse order. I started to think we would do factual first then legal. I reversed it after reading and rereading and then making assumptions and then challenging those to do the legal part first and the second part is then. Um, Mrs. Hartman is well represented by council we have had repeated conversations in regards to coordinating a meeting and we will do so in the short future. Considering we'll be able to get our schedule in line. I think that is the last step.Then reporting back to you. It's actually a question what sort of report you want back from me. I've got a memo drafted that's parts regarding legal aspects. Um,we can also do other types of presentation.Whatever this council wants in terms of answers(one inaudible word). Ron Pedde: I guess and I cannot speak for everybody, but don't think we're looking at a four volume report, um, maybe two and a half volumes. (Laughter thru council and audience). No, just something that sort of lays out the issues and what you've found I guess,whatever format that seems to take. Investigating Attorney: Yes, and I would say my initial impressions were these are small amounts. And there's a big debate in this room, saying "why are we spending time doing this?" and on the other side, saying"but, the law is very clear"and I found similar debates in cities across Texas were the same issues have been raised.And um I think whenever there is a relationship between elected officials in multiple positions, especially in small towns where it is inevitable, um, these issues have arisen before and I think this is one of impression and that's what it says in a bit of time hopefully. Our conversations with Mr. Lock, which is thankfully here,we spoke earlier,goes to center resolution.So, I look forward to coordinating with their schedule and follow up with a report. Ron Pedde: Ok.That's all I had. Investigating Attorney: Nothings a secret. I'd be happy to go thru the questions.There seems to be A/Q(inaudible word) Is there anything else you guys would want. Ron Pedde: You've been getting all the support you need? I mean,To interview people, have you been able to. Investigating Attorney: In terms of, let's talk about the use of money. Rather than me spending time making a bunch of these interviews,is there even a crime. Ron Pedde: Well,Yeah. Investigating Attorney: And so very quickly I started off with that perspective, watching all the DVDs, making phone calls, and following up. Um, but then finding opinion upon opinion, it seems like much of this could be resolved with a conversation and getting some records from the non-profit and finding out the source (inaudible word). If there are other factual events to investigate so be it. I took it, assuming that everything alleged is false what does that mean. And assuming everything alleged is true what does that mean and then lets figure out the law and then we'll go on a factual investigation. It's more efficient and we're not spending money doing twenty(20)witness Interviews. Ron Pedde: I appreciate the fact you're trying to keep the cost down.Thank you for that. Investigating Attorney: And it has. And I think we've grossly overestimated the amount of money for this. I think at this point maybe we've spent, I'd say around 1400 to 1600 dollars in terms of, it's pretty low, I've worked hard to be able keep that down,just in terms of our office.The only reason for the delay I think is also,just in term of the holidays,term event with the legislative session is(inaudible word).So I apologize for the delay in that regard. No,it's not from her council or witnesses,it's not from anything else. Ron Pedde: Ok,thank you. Larry Carlton: So what's it going to take to just rap this entire thing up? Investigating Attorney: The next step is being able to meet with,one of the laws that govern me is that I'm not allowed to speak to someone that is represented by council. I can't. It's just an ethical prohibition. So, once If you for example got council, I would have to speak to your lawyer to go thru there and I have spoken to the Mayor's lawyer repeatedly. And so after that conversation he can choose to allow me to speak to the Mayor or not,that's between the two of them. And if that point if they say we don't want to speak to you.Then I conclude the investigation and so fars what I can. If they do then we take that next step. Mayor: Anymore questions? A few Council members stated they have no more questions.