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Min CC 03/09/2010 O �u�0/ U r r O s 'ry�niziiuunuu"P8 7'eXP�' "City of Choice" REGULAR CITY COUNCIL MEETING CIBOLO MUNICIPAL BUILDING 200 S. MAIN March 9, 2010 7:00 P.M. MINUTES 1. Call to Order—Mayor Hartman called the meeting to order at 7:01 P.M. 2. Roll Call Mayor Hartman Councilman Pedde Councilman Krasnai Councilman Wiederstein Councilman Winn Councilwoman Davis Councilman Liparoto Councilman Hetzel Staff: City Manager Bruce Pearson, City Secretary Peggy Cimics, City Attorney Charlie Zech, Fire Chief Roger Niemietz, Police Chief Gary Cox and Community Development Services Robert Stricker 3. Invocation—Councilwoman Davis gave the invocation. 4. Pledge of Allegiance—The Pledge of Allegiance was led by Councilman Winn. 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: Kristin Wilkiewicz of 153 Briar St. spoke to council on retaining wall behind her home. She stated she was still getting a run around from Centex and thought that the City would be able to help her get a response for the home builder. She also wanted to find out who exactly she need to see to get a copy of her plat that listed the engineer that signed off the retaining wall. City Attorney Charlie Zech informed Ms. Wilkiewics that she needed to go to Guadalupe County in Seguin to get her plat. David Bartley of 121 Bentwood Ranch Dr. spoke on the school zone from Main to Dietz. Also stated there are no sidewalks from Cibolo Valley Drive to Dietz and maybe the City could install some flashing lights in this area. 6. Consent Agenda—Consent Items (General Items) (All items listed below are considered to be routine and non-controversial by the Council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and will be considered as part of the order of business.) A. Approval of the minutes of the Regular City Council Meeting held on February 23, 2010. Councilman Winn moved to approve the consent agenda. Motion was seconded by Councilman Wiederstein. For: Council Members: Pedde, Krasnai, Wiederstein, Winn, Davis, Liparoto and Hetzel; Against: None. Motion carried 7 to 0. 7. Recognition A. Recognition of Steve Burdett, Mark Van Rosendael and Robert Vela for 5 years of faithful and dedicated service to the City of Cibolo. Mayor Jennifer Hartman and City Manager Bruce Pearson presented a 5 year plaque to Sergeant Steve Burdett, Detective Corporal Mark Van Rosendael and Street &Drainage Superintendent Robert Vela for their faithful and dedicated service to the City of Cibolo. 8. 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. Discuss legal issues associated with Green Valley Special Utility District. B. Discussion regarding legal issues associated with Roy Lee Parker. Council convened into Executive Session at 7:06 P.M. 9. Open Session Reconvene into Regular Session and take action/give direction, if necessary, on items discussed in Executive Session. Council reconvened into regular session at 7:50 P.M. Councilman Hetzel made a motion for the City Attorney to begin the litigation proceedings on Roy Lee Parker. Motion was seconded by Councilman Wiederstein. For: Council Members: Pedde, Krasnai,Wiederstein, Winn, Davis, Liparoto and Hetzel; Against: None. Motion carried 7 to 0. 2 10. 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. Discussion/Action and direction to staff on the Peddlers Ordinance and the number of solicitor permits issued during the calendar year 2009. Council was briefed by Police Chief Gary Cox. Council decided to revisit the ordinance and insure that definitions are current. C. Discussion/Action and direction to staff on Commercial Vehicle Parking on public streets and right of ways. Councilman Winn moved to solicit input from Industrial Park tenants, repeal Ordinance No. 849 and amend/update Ordinance No. 372. Motion was seconded by Councilman Liparoto. For: Council Members: Pedde, Krasnai, Wiederstein, Winn, Davis, Liparoto and Hetzel; Against: None. Motion carried 7 to 0. D. Discussion/Action and direction to staff on executing a Field Use Agreement with the RBI Rattlers for the baseball fields at Niemietz and Al Rich Parks. Councilwoman Davis moved to direct staff to execute the Field Use Agreement with the RBI Rattlers. Motion was seconded by Councilman Krasnai. For: Council Members: Pedde, Krasnai, Wiederstein, Winn, Davis, Liparoto and Hetzel; Against: None. Motion carried 7 to 0. E. Discussion/Action and direction to staff on possible shredding services for the Fall and Spring Cleanup. Council gave City staff direction to not further explore the provision of shredding. F. Discussion/Action and direction to staff on the condemnation by publication of approximately .5655 acres or 24,631.04 square feet more or less. This tract of land is situated in the City of Cibolo, Guadalupe County, Texas out of the A.S. Lewis Survey No 78, Abstract 216, and being the same road shown on subdivision plats of the M.O. Grooms Addition recorded in Volume 2, Page 140, and the Woods Subdivision recorded in Volume 5, Page 390 A, Guadalupe County Plat Records; and being recognized as an abandoned road in lands conveyed from Otto and Olivia Krickhahn to Herbert Krickhahn in Volume 564, Page 281, and Olivia Krickhahn Revococable Trust to Krickhahn Etc. Enterprises, LLC in Volume 1982, Page 742, Guadalupe County Deed Records, Guadalupe County, Texas. G. Councilman Liparoto made the motion to direct staff and the City Attorney to begin the condemnation by publication of approximately .5655 acres or 24,631.04 square feet more or less. This tract of land is situated in the City of Cibolo, Guadalupe County, Texas out of the A.S. Lewis Survey No 78, Abstract 216, and being the same road shown on subdivision plats of the M.O. Grooms Addition recorded in Volume 2, Page 140, and the Woods Subdivision recorded in Volume 5, Page 390 A, Guadalupe County Plat Records; and being recognized as an abandoned road in lands conveyed from Otto and Olivia Krickhahn to Herbert Krickhahn in Volume 564, Page 281, and Olivia Krickhahn Revococable Trust to Krickhahn Etc. Enterprises, LLC in Volume 1982, Page 742, Guadalupe County Deed 3 H. I. Records, Guadalupe County, Texas. Motion was seconded by Councilman Wiederstein. For: Council Members: Pedde, Krasnai, Wiederstein, Winn, Davis, Liparoto and Hetzel; Against: None. Motion carried 7 to 0. J. 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 reviewed the calendar for March and April 2010. 11. CitY Manager's Message A. Multi Events Center Schedule C. Police and Fire Station Update D. Parks Commission Initiatives E. Niemietz Park Renovations Update F. Cibolo Valley Drive Projects City Manager Bruce Pearson gave Council an update on the above items. 12. Staff Updates A. Capital Projects Schedule B. Staff Department Reports a. Community Development Services b. Fire Department c. Court Council had no questions on staff updates received in their packets. 13. City Council request(s) regarding specific items or staff reports to be scheduled for future agendas. Councilman Winn requested an update of what the funds can be use for that are left over from the Main Street Project. 14. Adjournment Councilwoman Davis moved to adjourn the meeting at 8:35 P.M. Motion was seconded by Councilman 4 Liparoto. For: Council Members: Pedde, Krasnai, Wiederstein, Winn, Davis, Liparoto and Hetzel; Against: None. Motion carried 7 to 0. PASSED AND APPROVED THIS 23 DAY OF MARCH 2010. ennifer artman Mayor ATTEST: ,I� -" 19`7 z L Peggy Cimics, TRMC City Secretary 5