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Min CC 06/09/2009 REGULAR CITY COUNCIL MEETING F 9 A O CIBOLO MUNICIPAL BUILDING 200 S. MAIN June 9, 2009 7:00 P.M. MINUTES 1. Call to Order—Meeting was called to order by Mayor Hartman at 7:04 p.m. 2. Roll Call Mayor Hartman Councilman Pedde Councilman Krasnai Councilman Wiederstein—arrived at 7:10 Councilman Winn Councilwoman Davis—absent Councilman Liparoto Councilman Hetzel Staff: City Manager Bruce Pearson, City Secretary Peggy Cimics, City Attorney Miguel Matos and City Planner Jonette Ellis. 3. Invocation—Moment of Silence 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. Melvin Hicks of 119 Apache Circle spoke to council on the unlevel field at the Multi-Event Center. Al Gillen spoke during item lOG on having signs welcoming people to the City of Cibolo. 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 May 26, 2009. Councilman Winn moved to approve the consent agenda. Motion was seconded by Councilman Liparoto. For: Council Members: Pedde, Krasnai, Winn, Liparoto and Hetzel; Against: None. Motion carried 5 to 0. 1 7. 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 regarding the following litigation filed by Shelby Koehler, James G. Koehler, Lenroy Koehler, Calvin Koehler, Larry Koehler, Francis C. Durben, Betty Willieman and Dennis Koehler vs. City of Cibolo, Cause No. 09-0924-CV. United States District Court, 25th Judicial District, Guadalupe County, Texas. Council adjourned into Executive Session at 7:07 p.m. 8. 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 7:20 p.m. 9. Presentation A. Presentation on the 2010 Census. Council received a presentation from N. Sophia Azoubel from the U.S. Census Bureau. B. Presentation from Council and Staff to Miguel Matos. Mayor Hartman presented Miguel Matos a plaque for his service to the City of Cibolo as City Attorney. Tonya Fullenwider and Reyna Hill from the Court Department presented Miguel a name plate for his service as the City Prosecutor. C. Presentation from the Office of the City Attorney. Miguel Matos thanked council and staff for the opportunity to work for the City and hope to see everyone again in a couple years. 10. Discussion/Action A. Discussion/Action on the removal, appointments and re-appointments to Cibolo Boards, Commissions, Committees and Cibolo Economic Development Corporation. Councilman Winn moved to appoint Josh Welsh to the Planning and Zoning Commission and to appoint William Vogel to the Parks Commission. Motion was seconded by Councilman Krasnai. For: Council Members: Pedde, Krasnai, Wiederstein, Winn, Liparoto and Hetzel; Against: None. Motion carried 6 to 0. B. Discussion/Action on the acceptance of a Performance Bond in the amount of $171,020.96 for Cibolo Valley Ranch,Unit 7. Councilman Winn moved to approve the Performance Bond in the amount of $171,020.96 for Cibolo Valley Ranch, Unit 7. Motion was seconded by Councilman Wiederstein. For: Council Members: Pedde, Krasnai, Wiederstein, Winn, Liparoto and Hetzel; Against: None. Motion carried 6 to 0. 2 C. Receive a report from the Street&Drainage Commission President Tex Farnsworth. Council received a report from Tex Farnsworth, Street and Drainage Commission. D. Discussion/Action and direction to staff on fencing and security camera's at the Public Works and Animal Control Facility. Councilman Winn moved to direct staff to secure the video equipment and install it and sign an agreement for the security fence to be installed. Motion was seconded by Councilman Pedde. For: Council Members: Pedde, Krasnai, Wiederstein, Winn, Liparoto and Hetzel; Against: None. Motion carried 6 to 0. E. Discussion/Action and direction to staff on the purchase of a Asphalt Lay Down Machine for the Public Works Department. Councilman Liparoto moved to approve the purchase of an Asphalt Lay Down Machine. Motion was seconded by Councilman Krasnai. For: Council Members: Pedde, Krasnai, Wiederstein, Winn, Liparoto and Hetzel; Against: None. Motion carried 6 to 0. F. Discussion/Action and direction to staff on the City of Cibolo's Logo. Council directed staff to remove the black ribbon and to bold the City of Cibolo. G. Discussion/Action and direction to staff on street signs for the downtown Cibolo area. Jonette Ellis from staff presented council with a couple drawings on possible signs for the downtown area. Will bring prices back to council at the next meeting. H. Discussion/Action and direction to staff on the City of Cibolo's Recycling Program. No action taken. I. Discussion/Action and direction to staff on the purchase of five Microsoft licenses for software in order for the City staff to communicate in a more proficient manner. Councilman Winn moved to approve the purchase of five Microsoft licenses for City staff. Motion was seconded by Councilman Liparoto. For: Council Members: Pedde, Krasnai, Wiederstein, Winn,Liparoto and Hetzel; Against: None. Motion carried 6 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 calendars for June and July 2009. 11. Resolution A. Approval/Disapproval of a resolution establishing a Historic Committee. Councilman Krasnai moved to approve the resolution establishing a Historic Committee-3 Motion was seconded by Councilman Liparoto. For: Council Members: Pedde, Krasnai, Wiederstein,Winn,Liparoto and Hetzel; Against: None. Motion carried 6 to 0. B. Approval/Disapproval of a resolution authorizing the City to affirm the support and partnership with the 2010 census. Councilman Pedde moved to approve the resolution authorizing the City to support the 2010 census. Motion was seconded by Councilman Wiederstein. For: Council Members: Pedde, Krasnai, Wiederstein, Winn, Liparoto and Hetzel; Against: None. Motion carried 6 to 0. 12. Ordinance A. Approval/Disapproval of an ordinance providing for a change in the start time of City Council meetings from 7:00 P.M. to 6:30 P.M. Councilman Winn moved to approve the ordinance changing the start of the City Council meetings from 7:00 P.M. to 6:30 P.M. Motion was seconded by Councilman Wiederstein. For: Council Members: Pedde, Wiederstein, Winn and Hetzel; Against: Council Members: Krasnai and Liparoto. Motion carried 4 to 2. B. Approval/Disapproval of an ordinance authorizing the issuance, sale and delivery of approximately $10,750,000 in aggregate principal amount of"City of Cibolo, Texas General Obligation Bonds, Series 2009", securing the payment thereof by authorizing the levy of an annual ad valorem tax; and approving and authorizing the execution of a paying agent/registrar agreement, a purchase contract, an official statement and all other instruments and procedures related thereto. Councilman Winn moved to approve the ordinance authorizing the issuance, sale and delivery of approximately $10,750,000 in aggregate principal amount of "City of Cibolo, Texas General Obligation Bonds, Series 2009", securing the payment thereof by authorizing the levy of an annual ad valorem tax; and approving and authorizing the execution of a paying agent/registrar agreement, a purchase contract, an official statement and all other instruments and procedures related thereto. Motion was seconded by Councilman Liparoto. For: Council Members: Pedde, Krasnai, Wiederstein,Winn, Liparoto and Hetzel; Against: None. Motion carried 6 to 0. 13. Staff Updates A. Capital Projects Schedule B. Railroad Quiet Zone C. Peddlers Ordinance City Manager Bruce Pearson briefed council on the above items. 14. City Council request(s) regarding specific items or staff reports to be scheduled for future agendas. Councilman Liparoto would like a discussion item on the review of the Parks Ordinance. Council also requested a discussion on the Zoning Ordinance and Railroad Quiet Zone. 4 15. Adjournment Councilman Liparoto moved to adjourn the meeting at 8:43 p.m. Motion was seconded by Councilman Winn. For: Councilman Pedde, Krasnai, Wiederstein, Winn, Liparoto and Hetzel; Against: None. Motion carried 6 to 0 PASSED AND APPROVED THIS 23PD DAY OF JUNE 2009. Jennifer Hartman Mayor Peggy Cimics, TRMC City Secretary 5