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Min CC 12/14/2010 OF C�1� �u�yuunw�.yuy� C7O .� X� v r §o "City of Choice" City Council Meeting CIBOLO MUNICIPAL BUILDING 200 S. MAIN December 14, 2010 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—absent 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 3. Invocation—Councilman Carlton gave the invocation. 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: Pat O'Brien—gave praise to Retiring Police Office Mondo Jimenez for his long time dedication to the City of Cibolo. Al Gillen, 232 Anvil Place spoke to council on the continuous water that pours down Prickle Pear and Rattlesnake in the Cibolo Valley Ranch Subdivision. Melvin Hicks, 119 Apache Circle would like Cibolo to look at an ordinance banning texting while driving as other cities in the area have. 6. Presentation A. Presentation of the City Manager's Quarterly Award winner for October—December 2010. City Manager Bruce Pearson presented the City Manager's Quarterly Award for October— December to Terry Lemley. B. Recognition to Sergeant Woodward and Sergeant Wise for 5 years of faithful and dedicated service to the Cibolo Police Department and the City of Cibolo. Service Award for five years of service to Cibolo was presented by City Manager and the Mayor to Sergeant Woodard and Sergeant Wise. C. Presentation from the Volunteer Fire Department Ladies Auxiliary. Fire Chief Roger Niemietz thanked the Volunteer Fire Department Ladies Auxiliary for the purchase of items for the new Fire Station. D. Presentation to Armando S. Jimenez,Jr. for 22 years of service with the Cibolo Police Department and the City of Cibolo. Award presented on his retirement from the City of Cibolo to Armando Jimenez for 22 years of Service Mayor called for a recess at 7:21 P.M. so the council, family and friends could enjoy refreshments for his retirement. Mayor reconvened the Council Meeting at 7:45 P.M. 7. Consent Agenda—Consent Items (General Items) A. Approval of the minutes of the Public Hearing held on November 22, 2010. B. Approval of the minutes of the City Council Meeting held on November 23, 2010. C. Acceptance of the September 2010 Check Register pending final acceptance of the City's financial audit for the 2009/2010 Fiscal Year. D. Acceptance of the October 2010 Check Register pending final acceptance of the City's financial audit for the 2010/2011 Fiscal Year. E. Acceptance of the Revenue &Expense Report ending September 30, 2010 pending final acceptance of the City's financial audit for the 2009/2010 Fiscal Year. 0 F. Acceptance of the Revenue&Expense Report ending October 31, 2010 pending final acceptance of the City's financial audit for the 2010/2011 Fiscal Year. 2 G.Acceptance of the Quarterly Investment Report for the period ending September 30, 2010 pending final acceptance of the City's financial audit for the 2009/2010 Fiscal Year. Councilman Krasnai made the motion to approve the consent agenda. Motion was seconded by Councilman Wiederstein. For: Councilman: Krasnai, Wiederstein, Winn, Carlton, Liparoto and Hetzel; Against: None. Motion carried 6 to 0. 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 taken at this time. B. Discussion/Action on the appointment of a Director and ex officio for the Cibolo Valley Local Government Corporation. Councilman Winn made the motion to appoint Lesley Pedde as Cibolo's Director for the Cibolo Valley Local Government Corporation. Motion was seconded by Councilman Carlton. For: Councilman Krasnai, Wiederstein, Winn, Carlton, Liparoto and Hetzel; Against: None. Motion carried 6 to 0. Councilman Liparoto made the motion to appoint Councilman Ron Pedde as Cibolo's ex officio member to the Cibolo Valley Local Government Corporation. Motion was seconded by Councilman Winn. For: Councilman Krasnai,Winn, Carlton and Liparoto; Against: Councilman Wiederstein and Hetzel. Motion carried 4 to 2. C. Discussion/Action and presentation from CenterPoint Energy on their intent to increase rates for CenterPoint's South Texas Division. A representative from CenterPoint Energy explained their intent to increase rates for CenterPoint's South Texas Division. D. Discussion/Action and direction to staff on the hiring of the full-time Cibolo Fire Fighters prior to the schedule date of April 2011. Councilman Winn moved to approve the hiring of three new Cibolo Fire Fighters in February 2011 two months prior to the schedule date of April 2011. Motion was seconded by Councilman Liparoto. For: Councilman Krasnai,Wiederstein, Winn, Carlton, Liparoto and Hetzel; Against: None. Motion carried 6 to 0. E. Discussion/Action and direction to staff on establishing the Drainage Utility Operations Department for the City of Cibolo. Councilman Liparoto moved to establish the Drainage Utility Operations Department for the City of Cibolo. Motion was seconded by Councilman Winn. For: Councilman Krasnai, Wiederstein, Winn, Carlton,Liparoto and Hetzel; Against: None. Motion carried 6 to 0. 3 F. Discussion/Action on the Metropolitan Planning Organization call for applications for an Ex Officio,Non-Governmental alternate position on the MPO Transportation Policy Board. Councilman Liparoto moved to have Councilman Hetzel to complete the application for an ex officio member to the Metropolitan Planning Organization in a non-governmental alternate position. Motion was seconded by Councilman Carlton. For: Councilman Krasnai, Wiederstein, Winn, Carlton and Liparoto; Against: None; Abstain: Councilman Hetzel. Motion carried 5 to 0. G. Discussion/Action and direction to staff on the Parks and Recreation Commissions recommendation to spend some of the proceeds of Cibolofest 2010 on four picnic tables for Veterans Memorial Park. Councilman Wiederstein moved to approve the purchase of four handicap ADA style picnic tables not to exceed$3,500 for Veterans Memorial Park. Tables will be marked as purchased from the proceeds of Cibolofest 2010. Motion was seconded by Councilman Krasnai. For: Councilman Krasnai, Wiederstein, Winn, Carlton,Liparoto and Hetzel; Against: None. Motion carried 6 to 0. H. Discussion/Action and approval/disapproval of the Final Plat for Saddle Creek Ranch Unit 2C. Councilman Liparoto moved to approve the Final Plat for Saddle Creek Ranch Unit 2C. Motion was seconded by Councilman Winn. For: Councilman Krasnai, Wiederstein, Winn, Carlton, Liparoto and Hetzel; Against: None. Motion carried 6 to 0. I. Discussion/Action and approval/disapproval of the Preliminary/Final Plat for Crosspoint Fellowship. Councilman Winn moved to approve the Preliminary/Final Plat for Crosspoint Fellowship. Motion was seconded by Councilman Carlton. For: Councilman Krasnai, Wiederstein, Winn, Carlton, Liparoto and Hetzel; Against: None. Motion carried 6 to 0. J. Discussion on amending the Zoning Ordinance 934 that was adopted by City Council on July 27, 2010. This item was tabled by council. K. 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 January and February 2011. 9. Executive Session The City Council will meet in Executive Session as authorized by the Texas Gov't Code Sec. 551.071 Consultation with Attorney to discuss the following: A. Discussion regarding possible legal issues with the City of Marion. Council convened into Executive Session at 8:18 P.M. 4 10. 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 8:37 P.M. 11. Resolution A. Approval/Disapproval of a Resolution of the City of Cibolo amending, reviewing the Investment Policy; providing a repealing clause; providing a severability clause; and providing for an effective date. Councilman Winn moved to approve the Resolution of the City of Cibolo amending, reviewing the Investment Policy; providing a repealing clause; providing a severability clause; and providing for an effective date. Motion was seconded by Councilman Carlton. For: Councilman Krasnai, Wiederstein,Winn, Carlton, Liparoto and Hetzel; Against: None. Motion carried 6 to 0. B. Approval/Disapproval of a Resolution recognizing and approving the Non-Annexation Agreements executed between the City of Cibolo and property owners within the 567.20 acre annexation area referred to as annexation areas 1, IA and 1B. 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 567.20 acre annexation area referred to as annexation areas 1, IA and 1B. Motion was seconded by Councilman Krasnai. For: Councilman Krasnai, Wiederstein, Winn, Carlton, Liparoto and Hetzel; Against: None. Motion carried 6 to 0. C. Approval/Disapproval of a Resolution recognizing and approving the Non-Annexation Agreements executed between the City of Cibolo and property owners within the 537.85 acre annexation area referred to as annexation areas 2. Councilman Liparoto moved to approve the Resolution recognizing and approving the Non- Annexation Agreements executed between the City of Cibolo and property owners within the 537.85 acre annexation area referred to as annexation areas 2. Motion was seconded by Councilman Krasnai. For: Councilman Krasnai, Wiederstein,Winn, Carlton, Liparoto and Hetzel; Against: None. Motion carried 6 to 0. D. Approval/Disapproval of a Resolution recognizing and approving the Non-Annexation Agreements executed between the City of Cibolo and property owners within the 588.98 acre annexation area referred to as annexation areas 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 588.98 acre annexation area referred to as annexation areas 3. Motion was seconded by Councilman Krasnai. For: Councilman Krasnai, Wiederstein, Winn, Carlton, Liparoto and Hetzel; Against: None. Motion carried 6 to 0. 5 E. Approval/Disapproval of a Resolution recognizing and approving the Non-Annexation Agreements executed between the City of Cibolo and property owners within the 250.88 acre annexation area referred to as annexation areas 4. 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 250.88 acre annexation area referred to as annexation areas 4. Motion was seconded by Councilman Carlton. For: Councilman Krasnai, Wiederstein,Winn, Carlton, Liparoto and Hetzel; Against: None. Motion carried 6 to 0. 12. 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 210.06 area within the annexation area referred to as annexation area 1. Councilman Winn 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 210.06 area within the annexation area referred to as annexation area 1. Motion was seconded by Councilman Krasnai. For: Councilman Krasnai,Wiederstein, Winn, Carlton, Liparoto and Hetzel; Against: None. Motion carried 6 to 0. B. 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 166.72 area within the annexation area referred to as annexation area 2. Councilman Liparoto moved to postponed this ordinance until January 25, 2011 council meeting. Motion was seconded by Councilman Krasnai. For: Councilman Krasnai, Wiederstein,Winn, Carlton, Liparoto and Hetzel; Against: None. Motion carried 6 to 0. C. 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 65.29 area within the annexation area referred to as annexation area 3. Councilman Winn moved to postponed this ordinance until January 25, 2011 council meeting. Motion was seconded by Councilman Wiederstein. For: Councilman Krasnai, Wiederstein,Winn, Carlton, Liparoto and Hetzel; Against: None. Motion carried 6 to 0. D. 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 219.78 area within the annexation area referred to as annexation area 4. Councilman Winn 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 219.78 area within the annexation area referred to as annexation area 4. Motion was seconded by Councilman Carlton. For: Councilman Krasnai,Wiederstein, Winn, Carlton, Liparoto and Hetzel; Against: None. Motion carried 6 to 0. 6 E. Approval/Disapproval of an ordinance adopting a map recognizing the expansion of the City of Cibolo, Texas extraterritorial jurisdiction based on the annexation of certain properties. Councilman Winn moved to postpone this ordinance until the January 25, 2011 council meeting. Motion was seconded by Councilman Carlton. For: Councilman Krasnai, Wiederstein, Winn, Carlton,Liparoto and Hetzel; Against: None. Motion carried 6 to 0. F. Approval/Disapproval of an ordinance memorializing the City of Cibolo's City limits and Extraterritorial Jurisdiction approved by the City Council on December 14, 2010. Councilman Krasnai moved to postpone this ordinance until the January 25, 2011 council meeting. Motion was seconded by Councilman Wiederstein. For: Councilman Krasnai, Wiederstein, Winn, Carlton, Liparoto and Hetzel; Against: None. Motion carried 6 to 0. G. Approval/Disapproval of an ordinance amending Ordinance No. 879 granting Bexar Waste, Inc. a franchise to operate a Garbage Collection Service in the City of Cibolo. Councilman Winn moved to approve the ordinance amending Ordinance No. 879 granting Bexar Waste, Inc. a franchise to operate a Garbage Collection Service in the City of Cibolo. Motion was seconded by Councilman Liparoto. For: Councilman Krasnai, Wiederstein, Winn, Carlton, Liparoto and Hetzel; Against: None. Motion carried 6 to 0. H. Approval/Disapproval of an ordinance amending Chapter 26 (Emergency Management) of the Code of Ordinances by requiring a permit for the Operation of an Alarm System. Councilman Winn moved to approve the ordinance amending Chapter 26 (Emergency Management) of the Code of Ordinances by requiring a permit for the Operation of an Alarm System. Motion was seconded by Councilman Krasnai. For: Councilman Krasnai, Wiederstein, Winn, Carlton, Liparoto and Hetzel; Against: None. Motion carried 6 to 0. I. Approval/Disapproval of an ordinance establishing a settlement Agreement regarding the Statement of Intent filed with the City of Cibolo by CenterPoint Energy Resources Corp. Councilman Wiederstein moved to disapprove the ordinance establishing a settlement Agreement regarding the Statement of Intent filed with the City of Cibolo by CenterPoint Energy Resources Corp. Motion was seconded by Councilman Winn. For: Councilman Krasnai, Wiederstein, Winn, Carlton, Liparoto and Hetzel; Against: None. Motion carried 6 to 0. 13. Staff Updates A. Capital Projects Schedule B. Staff Department Reports a. Community Development Services Department b. Court c. Fire Department d. Economic Development Department 7 Capital Projects and Staff reports from Community Development Services, Court and Fire as submitted. Mark Luft briefed council on the Economic Development Department. 14. City Manager's Message A. Police and Fire Station Update B. Cibolo Valley Drive Projects C. Annual Street Maintenance Contract D. New Fire Pump Truck Update E. Electronic Business Transaction (Website) Update F. Veterans Memorial Park Re-Hab Update City Manager Bruce Pearson briefed council on the above items. 15. City Council rgguest(s) regarding specific items or staff reports to be scheduled for future agendas. Councilman Hetzel would like staff to look at the ordinance on texting when driving as brought up by a citizen during"Citizens to be Heard". 16. Adjournment Councilman Carlton moved to adjourn the meeting at 9:07 P.M. Motion was seconded by Councilman Wiederstein. For: Councilman Krasnai, Wiederstein, Winn, Carlton, Liparoto and Hetzel; Against: None. Motion carried 6 to 0. PASSED AND APPROVED THIS 11 DAY OF JANUARY 2011. ennifer artman Mayor ATTEST: ZL Peggy Cimics City Secretary, TRMC 8