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Min CC 05/26/2009 REGULAR CITY COUNCIL MEETING M1.1 Of�B .o CIBOLO MUNICIPAL BUILDING 200 S. MAIN May 26, 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—absent Councilman Krasnai Councilman Owens—absent Councilman Winn Councilwoman Davis Councilman Liparoto Councilman Hetzel 3. Invocation—Invocation was given by Councilwoman Davis. 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. Mr. Joe Jones of 338 Notchleaf—talked to council about recycling and recycling bins that are to small and trash being thrown all over the neighborhoods. 6. Ceremonial A. Award to outgoing Council Member. Councilman Owens was not present to receive his award at this time. Council thanked Councilman Owens for his outstanding service to the City of Cibolo. B. Administering the oath of office to Mayor Elect Jennifer Hartman and Council Members Elect Anthony (Tony) Krasnai-Place 2, Jason Wiederstein-Place3, Steve Liparoto-Place 6 and Richard (Dick)Hetzel-Place 7. The oath of office was given to Mayor Elect Jennifer Hartman, Councilman Elect Place 2 Tony Krasnai, Councilman Elect Place 3 Jason Wiederstein, Councilman Elect Place 6 Steve Liparoto and Councilman Elect Place 7 Dick Hetzel by the City Secretary. After the oath of office the Mayor adjourned the meeting at 7:06 P.M. for 10 minutes to celebrate with family and friends. Meeting was called back to order at 7:16 P.M. 1 7. 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 12, 2009. B. Approval of the minutes of the Special City Council Meeting held on May 15, 2009. C. Acceptance of the Revenue & Expense Report for the Month of April 2009 pending final acceptance of the City's financial audit for the 2009 Fiscal Year. D. Acceptance of the April 2009 Check Register pending final acceptance of the City's financial audit for the 2009 Fiscal Year. Councilman Winn moved to approve the consent agenda. Motion was seconded by Councilman Krasnai. For: Council Members: Krasnai, Wiederstein, Winn, Davis, Liparoto and Hetzel; Against: None. Motion carried 6 to 0. 8. Presentation A. Presentation from Bill Koch from Avalon Services concerning the proposal of a banking service for the City of Cibolo. Council received a presentation from Bill Koch from Avalon Services on the selection of a banking service for the City of Cibolo. B. Presentation from Guadalupe County Commissioner Judy Cope on the Apache Disposal. County Commissioner Judy Cope spoke to council on the Apache Disposal, Inc. a company located in the Cibolo's present ETJ. C. Presentation from David Dennis from Cibolo Creek Municipal Authority (CCMA) on the sewer rate increase to be effective October 1, 2009. David Dennis gave council a power point presentation on new sewer rate increase to be effective October 1, 2009. 9. Discussion/Action A. Discussion/Action on the appointing of a Mayor Pro-Tem. Councilman Krasnai made a motion to elect Councilman Winn as Mayor Pro-Tem. Motion was seconded by Councilman Liparoto. For: Council Members: Krasnai, Wiederstein, Davis, Liparoto and Hetzel; Against: None. Councilman Winn did not vote. Motion carried 5 to 0 on electing Councilman Winn Mayor Pro-Tem. B. Discussion/Action on the removal, appointments and re-appointments to Cibolo Boards, Commissions, Committees and Cibolo Economic Development Corporation. No action taken. 2 C. Discussion/Action regarding the City entering into a 380 Agreement with Austin Sonic LLC. Councilman Winn moved to give permission to the City Manager to enter into a 380 Agreement with Austin Sonic L.L.C. not to exceed $65,000. Motion was seconded by Councilwoman Davis. For: Council Members: Krasnai, Wiederstein, Winn, Davis, Liparoto and Hetzel; Against:None. Motion carried 6 to 0. D. Discussion/Action and direction to staff on approving a Franchise Agreement with the City of Schertz providing water and wastewater services to a certain 33.50 acres of land located within the extra-territorial jurisdiction (ETJ) of the city, generally due south and adjacent to Northcliffe Subdivision within the City of Schertz. This item was presented to council by Community Development Director Nancy McBeth. No action taken. E. Discussion/Action and direction to staff regarding a joint festival/grand opening of the Main Street project and the Cibolo Multi-Event Facility on Saturday, July 18t', 2009. This item was briefed by staff with more information to follow at a later date. F. Discussion/Action regarding the Zoning Code project schedule. Staff gave council an update on the Zoning Code project schedule. G. Discussion/Action and direction to staff on establishing a Sub-Committee on Historical Preservation. Council gave staff more information on what they wanted to include in an ordinance to establish this committee. Staff will bring back to council an ordinance at the next meeting. 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 calendars for June and July 2009. 10. Resolution A. Approval/Disapproval of a Resolution awarding the City's Bank Depository Service Contract to Schertz Bank and Trust beginning July 1, 2009 and extending until June 30, 2011 with the option of 3 one year extensions. Councilman Winn moved to approve the resolution awarding the City's Bank Depository Service Contract to Schertz Bank. Motion was seconded by Councilwoman Davis. For: Council Members: Krasnai, Wiederstein, Winn, Davis, Liparoto and Hetzel; Against: None. Motion carried 6 to 0. B. Approval/Disapproval of a resolution to become a party of interest in the application and preliminary review for Apache Disposal, Inc. to operate a type V Municipal Solid Waste Transfer Station and to oppose said permit application. Councilman Krasnai moved to approve the resolution on Apache Disposal. Motion was seconded by Councilman Hetzel. For: Council Members: Krasnai, Wiederstein, Winn, Davis, Liparoto and Hetzel; Against: None. Motion carried 6 to 0. 11. Ordinance A. Approval/Disapproval of an ordinance providing for the third amendment of the budget for the fiscal year 2008-2009,beginning October 1, 2008 and ending September 30, 2009; providing that this ordinance is cumulative of all other ordinance of the City of Cibolo; providing for severability; providing savings; and providing an effective date. Councilman Winn moved to approve the ordinance amending the FY 2008/09 budget. Motion was seconded by Councilwoman Davis. For: Council Members: Krasnai, Wiederstein, Winn, Davis, Liparoto and Hetzel; Against: None. Motion carried 6 to 0. B. Approval/Disapproval of an ordinance granting a franchise to the City of Schertz for water supply and distribution services and wastewater and sewer services within a portion of the City limits and Extraterritorial Jurisdiction for the City of Cibolo. Councilman Winn moved to approve the ordinance granting a franchise to the City of Schertz for water supply and distribution services and wastewater and sewer services within a portion of the cities ETJ. Motion was seconded by Councilman Liparoto. For: Council Members: Krasnai, Wiederstein, Winn, Davis, Liparoto and Hetzel; Against: None. Motion carried 6 to 0. 12. Executive Session The City Council will meet in Executive Session as authorized by the Texas Gov't Code Sec. 551.074 Personnel Matters and 551.071 Consultation with Attorney to discuss the following: Discuss appointment, employment, reassignment, and duties of: A. Discuss appointment, employment,reassignment, and duties of the Police Chief. B. Discuss legal issues regarding the following litigation filed by Roy Lee Parke: Roy Lee Parker vs. City of Cibolo, Civil No. SA-08-CA-1010-PM. United States District Court, Western District of Texas, San Antonio Division. Council convened into Executive Session at 8:56 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 9:23 P.M. 14. Staff Updates A. Capital Projects Schedule B. Police and Fire Station Update C. Peddlers Ordinance 4 D. Department Reports 1. Parks 2. Utilities 3. Public Works 4. Animal Control City Manager gave council an update on the above items. 15. City Council request(s) regarding specific items or staff reports to be scheduled for future agendas. Councilman Winn requested an item be placed on the agenda to discuss the possibility of starting council meetings at 6:30 P.M. Councilman also requested information be provided to council on the asphalt lay down machine. 16. Adjournment Councilwoman Davis moved to adjourn the meeting at 9:29 P.M. Motion was seconded by Councilman Liparoto. For: Council Members: Krasnai, Wiederstein, Winn, Davis, Liparoto and Hetzel; Against: None. Motion carried 6 to 0. PASSED AND APPROVED THIS 9TH DAY OF JUNE 2009. en ufer man Mayor ATTEST: Peggy Cimics, TRMC City Secretary 5