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Min CC 09/22/2009 OF C/@ "�A. O Cj r0 K Y Tex AS REGULAR CITY COUNCIL MEETING CIBOLO MUNICIPAL BUILDING 200 S. MAIN September 22, 2009 7:00 P.M. MINUTES 1. Call to Order—Mayor Hartman called the meeting to order at 7:02 PM 2. Roll Call Mayor Hartman Councilman Pedde Councilman Krasnai Councilman Wiederstein Councilman Winn Councilwoman Davis Councilman Liparoto Councilman Hetzel City Manager Bruce Pearson City Secretary Peggy Cimics City Attorney Charlie Zech Finance Director LeAnn Piatt Fire Chief Roger Niemietz Police Chief Gary Cox Director of Community Development Services Robert Stricker 3. Invocation—Councilwoman Davis gave the Invocation. 4. Pledge of Allegiance—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: Al Gillen of 232 Anvil Place spoke to council on the detention pond near his home and thanked Robert Vela and his crew for cleaning-up the area. He also spoke to council on the Lennar homes and the dirt and construction in this area. 1 Jimmie Johnson of 2017 Town Creek Road talk about the lack of effort to complete the project in his area and some of the problems it has caused. Jim Wolverton spoke to council asking for the council votes for the Guadalupe Appraisal District Board of Directors. 6. 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 legal issues associated with the multi-event center. Council convened into Executive Session at 7:10 PM. 7. Open Session Reconvene into Regular Session and take action/give direction, if necessary, on items discussed in Executive Session. Reconvened into Regular Session at 7:42 PM Councilman Krasnai moved to give the City Manager the authority to initiate any action necessary against any necessary party in regards to the construction of the Cibolo Multi-Event Center. Motion was seconded by Councilman Wiederstein. For: Council Members: Pedde, Krasnai, Wiederstein,Winn, Davis, Liparoto and Hetzel; Against: None. Motion carried 7 to 0. 8. Presentation A. Presentation from the Schertz Chamber of Commerce. Mr. Gary Imman gave a presentation from the Schertz Chamber of Commerce. B. Presentation from the County Line Regulators. Mr. Jeremy Newman from the County Line Regulators spoke to council on using the Multi-Event Center for a youth football game. 9. Discussion/Action A. Discussion/Action on the City of Cibolo joining the Schertz Chamber of Commerce. Councilman Winn moved to approve the City of Cibolo joining the Schertz Chamber of Commerce. Motion was seconded by Councilman Hetzel. For: Council Members: Pedde, Krasnai, Wiederstein, Winn, Davis, Liparoto and Hetzel; Against: None. Motion carried 7 to 0. B. Discussion/Action on appointing Judge Dana D. Jacobson as the Associate Municipal Court Judge for the City of Cibolo. Councilman Krasnai moved to appoint Judge Dana D. Jacobson as the Associate Municipal Court Judge for the City of Cibolo. Motion was seconded by Councilman Pedde. For: Council Members: 2 Pedde, Krasnai, Wiederstein, Winn, Davis, Liparoto and Hetzel; Against: None. Motion carried 7 to 0. 10. Ceremony A. Oath of Office to Associate Municipal Court Judge Dana D. Jacobson. Judge Jacobson was given the oath of office. 11. Public Hearing The Cibolo City Council will hold a public hearing to consider rezoning 0.329±acres of land from Residential Single Family Medium Density(R-2)to Commercial Business District Medium Density Retail (C-2R). This tract is out of Block 5, Lot B of Cibolo North Subdivision, Unit 3, in the City of Cibolo, Guadalupe County, Texas, and is generally located on the southeast corner of FM 1103 and Buffalo Trail. Mayor Hartman opened the Public Hearing at 7:55 PM. Mr. Art Vaughn the property owner was the only individual to address the council. Mayor Hartman closed the Public Hearing at 8:00 PM. 12. 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 September 8, 2009. B. Approval of the minutes of the Special City Council Meeting held on September 14, 2009. C. Acceptance of the Revenue & Expense Report for the Month of August 2009 pending final acceptance of the City's financial audit for the 2009 Fiscal Year. D. Acceptance of the August 2009 Check Register pending final acceptance of the City's financial audit for the 2009 Fiscal Year. Councilman Krasnai moved to approve the consent agenda. Motion was seconded by Councilman Pedde. For: Council Members: Pedde, Krasnai, Wiederstein, Winn, Davis, Liparoto and Hetzel. Motion carried 7 to 0. 13. 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. Council did not take action. Those that submit applications will be advised to come to council when their application is up for review by council. 3 B.Discussion/Action on the Final Acceptance of Buffalo Crossing,Unit 4. Councilman Liparoto moved to approve the Final Acceptance of Buffalo Crossing, Unit 4. Motion was seconded by Councilman Krasnai. For: Council Members: Pedde, Krasnai, Wiederstein, Winn, Davis, Liparoto and Hetzel; Against: None. Motion carried 7 to 0 C. Discussion/Action and direction to staff on approving a contract with Stanard & Associates for the development of a validated physical abilities test for Police and Fire Departments in the amount of$22,600 and travel expenses not to exceed$2,375. Councilman Winn moved to approve a contract with Stanard &Associates for the development of a validated physical abilities test for Police and Fire in the amount of$22,600 and travel expenses not to exceed $2,375.00. Motion was seconded by Councilman Wiederstein. 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 re-establishing the 5 Year Capital Improvements Program Citizens Advisory Committee. City Manager notified council that the Planning & Zoning Commission would be reviewing the 5 Year Capital Improvement Plan in January and would be reporting back to council with recommendations. E. Discussion/Action and direction to staff on the Zoning Ordinance and the requirement for parking spaces at elementary,junior,middle or senior high schools. New Zoning Ordinance should be presented to council in approximately 6 months. During the rewrite they will look at one space for each teacher not 1 for every two teachers. F. Discussion/Action and direction to staff on parking in the Industrial Park area. Staff will look at all parking ordinances and bring a recommendation back to council at a later date. G. 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 September and October calendars. 14. Ordinance A. Approval/Disapproval of an Ordinance amending Ordinance No. 615 Comprehensive Water Ordinance and Demand Management Plan, by amending addendum/attachment 1 and all other amendments thereto; providing that this ordinance is cumulative of all other ordinances of the City not in conflict with the provisions for this ordinance; providing for severability; providing for savings; and providing for an effective date. Councilman Winn moved to approve the amending of Ordinance No. 615 Comprehensive Water Ordinance and Demand Management Plan and amending attachment 1. Motion was seconded by 4 Councilman Pedde. For: Council Members: Pedde, Krasnai, Wiederstein, Winn, Davis, Liparoto and Hetzel; Against: None. Motion carried 7 to 0. B. Approval/Disapproval of an Ordinance establishing Zoning Classification for a 0.329tacre tract of land to be re-zoned from Residential Single Family Medium Density (R-2) to Commercial Business District-Medium Density Retail (C-2R); providing an effective date. Councilman Winn moved to approve the Ordinance re-zoning 0.329 acre tract from Residential Single Family Medium Density (R-2) to Commercial Business District-Medium Density Retail (C- SR). Motion was seconded by Councilman Pedde. For: Council Members: Pedde, Krasnai, Wiederstein, Winn, Davis, Liparoto and Hetzel; Against: None. Motion carried 7 to 0. 15. City Manager's Message A. Police and Fire Sub-Station B. Multi-Event Center C. Rich Park and Niemietz Park Baseball Fields D. Franchise Fee Audit E. Employee Identification F. Holiday Celebrations City Manager Bruce Pearson went over the above items with council. 16. Staff Updates A. Capital Projects Schedule B. Staff Department Reports a. Fire Department Incident List b. Animal Control Monthly call for Service Report c. Activity Report for Municipal Courts d. Parks Department e. Street& Drainage Department f. Utility Department Council received an update on the items listed above. 17. City Council request(s) regarding specific items or staff resorts to be scheduled for future agendas. Councilman Winn would like to see a discussion/action item on the agenda to talk about the Charleston Park Area Drainage. Councilman Krasnai requested a discussion/action on the possibility of changing the Engineering Standard on Gutter and Curbs. 5 18. Adjournment Councilwoman Davis moved to adjourn the meeting at 8:35 PM. Motion was seconded by Councilman Pedde. For: Council Members: Pedde, Krasnai, Wiederstein, Winn, Davis, Liparoto and Hetzel;Against:None. Motion carried 7 to 0. PASSED AND APPROVED THIS 13TH DAY OF OCTOBER 2009. 0 t/- emu er LP Mayor ATTEST: Peggy Cimics, TRMC City Secretary 6