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T e X A's
"City of Choice"
REGULAR CITY COUNCIL MEETING
CIBOLO MUNICIPAL BUILDING
200 S. MAIN
September 28, 2010
7:00 P.M.
MINUTES
1. Call to Order—Mayor Jennifer Hartman called the meeting to order at 7:01 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 Attorney Charlie Zech, City Secretary Peggy Cimics, Police
Chief Gary Cox,Fire Chief Roger Niemietz, Senior Planner Randy Anderson, Asst Planner Maggie
Patterson,Police Lt. Chris Kotzur
3. Invocation—Invocation was given by Councilman Wiederstein.
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.
Al Gillen of 232 Anvil PI spoke to council on the staff updates. He would like to hear what each
department did instead of just the council receiving them in their packets.-
Melvin Hicks of 119 Apache Circle stated that every time he spoke with council they insulted him by
rolling their eyes. Mr. Hicks also stated that he felt that the Mayor and two council members were the only
ones doing their job.
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6. Public Hearing
A. The City Council will hold a,Public Hearing to hear input from the citizens of Cibolo on the purposed
updates to the City of Cibolo Official Zoning Map.
Mayor Hartman opened the Public Hearing to hear input on the updates to the City of Cibolo's Official
Zoning Map at 7:06 p.m. The following individuals spoke:
Gary Woods, 771 FM 1103 spoke on area 36 & 37. Mr. Wood stated that his area was scheduled to be
zoned to C-4 and he would like to see it re-zone to C-3.
The following individuals spoke on area#50: Christina Teel, 318 Eglington Way, Janice Tuiroz, 413 `
Tumberry Way, Linda Dodd's, 100 Shadow Mt.,Diana LaBarge, 326 Eglington Way, Teresa Jensen,409
Tumberry Way, Pat Cifelli, 209 Turnberry Way, and Mike Rodriquez, 342 Eglington Way. All these
individual lived near the Borgfeld Farm and wanted to keep this area residential. Many of the people stated
that they had not been informed of the Public Hearing by Notice as required by the Texas Local
Government Code.
Herb Mueller, 221 Harmon spoke with council on area 58. Mr. Mueller wanted to build a homestead on a
portion of the property and wanted it zoned so that would be possible.
Kim Haertner, 138 Navajo Circle spoke on the zoning of the Eagle Construction that is located next to her
house to light industrial and was very concerned with this zoning.
Mayor Hartman closed the Public Hearing at 7:35 p.m. Due to the number of people here for this Public
Hearing Mayor Hartman went directly to item 8G.
B. The City Council will hold a Public Hearing to hear input from the citizens of Cibolo on the Creation
of a Municipal Drainage Utility.
Mayor Hartman opened the Public Hearing at 8:18 p.m. No citizens wish to speak and the Mayor closed
the Public Hearing at 8:19 p.m.
7. Consent Aizenda—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 September 14, 2010.
B. Acceptance of the August 2010 Check Register pending final acceptance of the City's financial audit
for the 2010/11 Fiscal Year.
C. Acceptance of the Revenue &Expense Report ending August 31, 2010 pending final acceptance of the
City's financial audit for the 2010/11 Fiscal Year.
Councilman Krasnai moved to approve the consent agenda. Motion was seconded by Councilman Pedde.
For: Councilman Pedde, Krasnai, Wiederstein, Winn, Carlton, Liparoto and Hetzel; Against: None.
Motion carried 7 to 0.
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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 placed Lesley Pedde on the Economic Development Corporation. Motion was
seconded by Councilman Liparoto. For: Councilman Krasnai,Wiederstein, Winn, Carlton, Liparoto and
Hetzel; Against: None. Abstain: Councilman Pedde. Motion carried 6 to 0.
B. Approval/Disapproval of the Preliminary Plat of Saddle Creek Ranch Unit 2C.
Councilman Winn moved to approve the Preliminary Plat for Saddle Creek Ranch Unit 2C. Motion was
seconded by Councilman Pedde. For: Councilman Pedde, Krasnai, Wiederstein, Winn, Carlton, Liparoto
and Hetzel; Against: None. Motion carried 7 to 0.
C. Discussion/Action and direction to staff on the Bexar Waste Contract to operate a garbage collection
service in the City of Cibolo.
Mr. Tex Farnsworth spoke to council on this item. He thanked Bexar Waste for doing an outstanding job
with the City cleanup. Councilman Liparoto moved to direct staff to implement the changes to the Bexar
Waste Contract and bring a new ordinance for waste hauling services back to council for approval. Motion
was seconded by Councilman Pedde. For: Councilman Pedde, Krasnai, Wiederstein, Winn, Carlton,
Liparoto and Hetzel; Against: None. Motion carried 7 to 0.
D. Discussion/Action and direction to staff regarding speed bumps for the City of Cibolo.
Council had two citizens speak on this item: James Berry, 284 Willow View who was not in favor of
speed bumps due to high maintenance and did not feel it slowed traffic. Ken Phillips of 156 Kaylee Chase
who stated he represented the HOA and Board of Directors of his subdivision. He believed that speed
bumps were geared toward slowing traffic down. Council discussed this item and thought maybe the
investment of a portable speed device could be used to slow traffic. Police Chief would look into cost.
E. Approval/Disapproval of the Notice of Election for November 2, 2010.
Councilman Winn moved to approve the Notice of Election for November 2, 2010. Motion was seconded
by Councilman Pedde. 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 the Texas Municipal League Intergovernmental Risk Pool
Board of Trustees Election.
Councilman Winn moved to approve the Texas Municipal League Intergovernmental Risk Pool Board of
Trustees Election as marked. Motion was seconded by Councilman Pedde. For: Councilman Pedde,
Krasnai, Wiederstein, Winn, Carlton, Liparoto and Hetzel; Against: None. Motion carried 7 to 0.
G. Discussion/Action and direction to staff regarding the Zoning Map for the City of Cibolo.
City Manager Bruce Pearson did explain the process of how the Zoning Advisory Board was form and the
makeup of the Board. Senior Planner Randy Anderson explained how and who was notified and that the
City did notify everyone that was on the tax rolls at the time. Staff did recommend the changes that all
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the individuals spoke up about at the Public Hearing. After hearing from staff Mayor Hartman went
directly to the ordinance item 9A.
H. 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 October 2010 calendar.
9. Ordinance
A. Approval/Disapproval of an ordinance establishing the official Zoning Map for the City of Cibolo.
Councilman Pedde moved to zone property 58 per the exhibit provided by the property owner, with Part A
of site zoned C-4 (General Commercial) and Parts B&C zoned SF-1 (Rural Residential). Motion was
seconded by Councilman Liparoto. For: Councilman Pedde, Krasnai, Wiederstein, Winn, Carlton,
Liparoto and Hetzel; Against: None. Motion carried 7 to 0.
Councilman Krasnai moved to zone property 50 to SF2 (Suburban Residential). Motion was seconded by.
Councilman Winn. For: Councilman Pedde, Krasnai, Wiederstein, Winn, Liparoto and Hetzel; Against:
Councilman Carlton. Motion carried 6 to 1.
Councilman Winn moved to zone properties 36 and 37 to C-4 (General Commercial). Motion was
seconded by Councilman Carlton. For: Councilman Krasnai, Wiederstein, Winn, Carlton, Liparoto and
Hetzel; Against: Councilman Pedde. Motion carried 6 to 1.
Councilman Winn moved to leave the front 700' of property 62 as I-1 (Light Industrial) and to zone the
remainder as SF-2 (Suburban Residential). Motion was seconded by Councilman Liparoto. For:
Councilman Pedde, Krasnai, Wiederstein, Winn, Carlton, Liparoto and Hetzel; Against: None. Motion
carried 7 to 0.
Councilman Winn moved to zone property 73,.74, 75 and 26 as depicted on Exhibit A of the staff report.
Motion was seconded by Councilman Krasnai. For: Councilman Pedde, Krasnai, Wiederstein, Winn,
Carlton, Liparoto and Hetzel; Against: None. Motion carried 7 to 0.
Councilman Winn moved to approve the zoning map for the City of Cibolo as amended. Motion was
seconded by Councilman Krasnai. For: Councilman Pedde, Krasnai, Wiederstein, Winn, Carlton, Liparoto
and Hetzel; Against: None. Motion carried 7 to 0.
B. Approval/Disapproval of an ordinance to create and establish a Municipal Utility Drainage and
declaring it a Public Utility under the administrative control of the City Manager.
Councilman Pedde moved to approve the ordinance to create and establish a Municipal Utility Drainage
and declaring it a Public Utility under the administrative control of the City Manager. 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
B. Staff Department Reports
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a. Police Department
b. Animal Control
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Staff updates as submitted.
11. City Manager's Messaize
A. Police and Fire Station Construction Update
B. Cibolo Valley Drive Projects
C. Dressing Room/Restroom Update
D. Grants Update
E. Water Resource Advisory Committee Update
City Manager Bruce Pearson went over the above items with council.
12. Executive Session
The City Council will meet in Executive Session as authorized by the Texas Gov't Code Sec. 551.074
Personnel Matters to discuss the following:
A. Discussion regarding the rights, authority,privileges, duties of Councilman Winn.
B. Discussion regarding the rights, authority, privileges, duties of the City Manager.
C. Discussion regarding the rights, authority,privileges, duties and complaints against the Mayor.
Mayor Hartman stated that the council will go into Executive Session at 9:23 p.m. to discuss items A, B
and C. Councilman Winn stated that he would like item 12 A in open session as he had nothing to hide
regarding his rights, authority, privileges and duties as a Councilmember. City Manager Bruce Pearson
also stated that he would like Item 12 B. discussed in open session. Mayor, Council and City Manager
discussed the two items. Council convened into Executive Session to discuss item 12 C at 10:24 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 12:04 a.m.
Councilman Winn proposed a motion to bring back to Council a Resolution to Censure Mayor Jennifer
Hartman, City of Cibolo for conduct inconsistent with the City's Charter in failing to adhere to the
Council/City Manager form of government and failing to support the maintenance of a positive and
constructive work environment for City employees, and engaging in conduct which is divisive or harmful
to the best interest of 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.
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Councilman Winn stated that consistent with the Council's authority contained within the City's Charter;
Sections 3.06 (7), 3.16, and 4.04 (3), I propose a motion to initiate an investigation as to whether there has
been any legal wrong doing by the Mayor under Section 39.02 (a) (1) and (2) of the State Penal Code or
any other violations of law to include any violations of state laws regulating conflicts of interests of a
municipal officer under the Local Government Code Sections 171.000 & 176.000. Motion was seconded
by Councilman Krasnai. 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.
Councilman Winn requested to place a presentation to former Police Chief Mark Riffe for his service to the
Cibolo Police Department and the City of Cibolo.
15. Adjournment
Councilman Carlton moved to adjourn the meeting at 12:08 a.m. Motion was seconded by Councilman
Krasnai. For: Councilman Pedde, Krasnai, Wiederstein, Winn, Carlton,Liparoto and Hetzel; Against:
None. Motion carried 7 to 0.
PASSED AND APPROVED THIS 12TH DAY OF OCTOBER 2010.
e)Nifer Hartman
Q ,,V
Mayor
ATTEST:
Peggy Cimics, TRMC
City Secretary
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