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Min CC 05/12/2009 REGULAR CITY COUNCIL MEETING O CIBOLO MUNICIPAL BUILDING 200 S. MAIN May 12,2009 7:00 P.M. MINUTES 1. Call to Order—Mayor Hartman called the meeting to order at 7:06 P.M. 2. Roll Call Mayor Hartman Councilman Pedde Councilman Krasnai Councilman Owens—absent Councilman Winn Councilwoman Davis Councilman Liparoto Councilman Hetzel Staff. CM Bruce Pearson, City Secretary Peggy Cimics, City Attorney Charlie Zech, Finance Director Lara Feagins, Police Chief Tom Curd, Community Dev. Nancy McBeth, Planner Jonette Ellis 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 spoke to council: Arturo Martinez of 202 Del Monte Dr, spoke to council on a four way stop sign for Cibolo Valley Drive and Bentwood Ranch Dr. Richard Compton of 121 Brook Bend spoke against the rezoning of 3.372 acres located in the northwest corner of Cibolo Valley Drive and Green Valley Road. He did not feel that this rezoning was good for the"Quality of Life" for the people in the Braewood Subdivision. Al Gillen of 232 Anvil Place congratulated those council members that were reelected. He also spoke on Cibolo getting more businesses into the City to relieve taxes on the homeowners. 1 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 April 14, 2009. B. Approval of the minutes of the Regular City Council Meeting held on April 28, 2009. C. Acceptance of the Revenue & Expense Report for the Month of March 2009 pending final acceptance of the City's financial audit for the 2009 Fiscal Year. D. Acceptance of the March 2009 Check Register pending final acceptance of the City's financial audit for the 2009 Fiscal Year. E. Acceptance of the Quarterly Investment Report for the period ending March 31, 2009 pending final acceptance of the City's financial audit for the 2009 Fiscal Year. Councilman Pedde moved to approve the consent agenda. Motion was seconded by Councilman Krasnai. For: Council Members: Pedde, Krasnai, Winn, Davis, Liparoto and Hetzel; Against: None. Motion carried 6 to 0. 7. Introduction Introduction of the Construction Manager at Risk—Joeris General Contractors Joeris General Contractors were selected at the April 28, 2009 Council Meeting for Construction Manager at Risk Services for Cibolo Municipal Public Safety Facilities (Police &Fire). Andy Simpson of Archimedia introduced to council Joeris General Contractors who were selected as the Manager at Risk for the Cibolo Municipal Police and Fire Stations. 8. Public Hearina A. Hold a Public Hearing for the purpose of considering the rezoning of 3.372 acres of land from Commercial Light (C-1) to Commercial Business District — Light Density Retail (C- 1R). The tract is situated out of the James Jones Survey, Abstract No. 194, Guadalupe County, Cibolo, Texas, and is generally located on the northwest corner of Cibolo Valley Drive and Green Valley Road. Mayor Hartman opened the Public Hearing at 7:15 P.M. Penny Skinner of 208 Green Brook Place Shana Simpson of 105 Brookbend, Bryon Mills of 2030 Green Valley Road and Scott Harris of 225 Green Brook Place spoke against the rezoning of the property at Cibolo Valley Drive and Green Valley Road. Mary Adams also spoke on the rezoning and the bright lights and additional traffic and noise that would be brought to that area if a convenient store was to locate at this intersection. Larry Aiken, developer for the rezoning land also spoke to council and was available for any questions. Mayor Hartman closed the Public Hearing at 7: 2 9. 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 Richard Jardim as a member of the Board of Adjustments and Melvin Hicks as an alternate member to the Board of Adjustments. Councilman Winn also moved to appoint Bill Law, Paul Sahanek David Peacock and Thom Rober to two-year terms and Lisa Aguirre for a 1-year term with the Cibolo Economic Development Corporation. Motion was seconded by Councilman Pedde. For: Council Members: Pedde, Krasnai, Winn, Davis, Liparoto and Hetzel; Against:None. Motion carried 6 to 0. B. Discussion/Action and direction to staff on proceeding with the 2009 Bond Program. Councilman Winn moved to authorize the City Manager to proceed forward and bring a resolution to the City Council for the approval to issue bonds in June for $10,750.000 through Southwest Securities. C. Discussion/Action and direction to staff on the City of Cibolo accepting payment of utility bills by credit card or via the internet. This item will be brought up to council during the budget workshops. D. Discussion/Action and direction to staff on the procedure and process of advertising for a new Assistant City Manager. Council directed staff to proceed with the advertising of an Assistant City Manager positioning both the newspaper and on TML website. Council Members Winn, Pedde and Krasnai volunteered to serve on selection panel. E. Discussion/Action and direction to staff on the appointment of a Storm Water Coordinator for the City of Cibolo. Councilman Winn moved to appoint the City Manager Bruce Pearson as the City of Cibolo Storm Water Coordinator. Motion was seconded by Councilwoman Davis. For: Council Members: Pedde, Krasnai, Winn, Davis, Liparoto and Hetzel; Against: None. Motion carried 6 to 0. F. Discussion/Action and direction to staff on procedures for answering citizens' complaints. Councilwoman Davis stated that staff had a policy in place to take care of citizen complaints and that she was satisfied with those procedures. G. Discussion/Action and direction to staff on establishing a Historical Commission for the City of Cibolo. Staff was directed by council to bring a resolution back to council to establish a Historical Preservation Committee. 3 H. Discussion/Action and direction to staff on the City of Cibolo's Web Site. Staff was directed to keep the site presently on line up and to look at this item during the budget meetings. I. Discussion/Action and direction to staff on a Solid Waste Interlocal Agreement with Alamo Area of Governments and the City of Cibolo for a grant in the amount of$98,230.07. Councilman Winn moved to approve a Solid Waste Interlocal Agreement with Alamo Area of Governments and the City of Cibolo for a grant in the amount of $98,230.07. Motion was seconded by Councilman Liparoto. For: Council Members: Pedde, Krasnai, Winn, Davis, 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 May and June 2009. 10. Resolution A. Approval/Disapproval of a Resolution approving a Bond Resolution to be adopted by the Board of Trustees of the Canyon Regional Water Authority authorizing the issuance of obligations designated as "Canyon Regional Water Authority Tax-Exempt Contract Revenue Bonds (Wells Ranch Project), series 2009"; approving amendment No. 1 to the Water Supply Contract between the City of Cibolo, Texas, Bexar Metropolitan Water District, Green Valley Special Utility District, East Central Special Utility District, the City of Marion, Texas, Crystal Clear Water Supply Corporation, Spring Hill Water Supply Corporation and the Canyon Regional Water Authority; Authorizing the Mayor or the City Manager of the City of Cibolo, Texas to execute on behalf of the City of Cibolo, Texas all documents in connection with this transaction; and other matters in connection therewith. Councilman Winn moved to approve the resolution to be adopted by CRWA authorizing the issuance of obligations designated as "Canyon Regional Water Authority Tax-Exempt Contract Revenue Bonds. Motion was seconded by Councilman Liparoto. For: Council Members: Pedde,Krasnai, Winn, Davis, Liparoto and Hetzel; Against:None. Motion carried 6 to 0. B. Approval/Disapproval of a resolution adjusting fencing setback lines for the Estates at Deer Creek, Unit 3, Block 4, Lot 1 through 6, and Block 3, Lots 1 through 9 as recorded in Guadalupe County, Texas Volume 7, page 30-31, to provide for and permit the reasonable use of the properties included. Councilman Liparoto moved to approve the resolution adjusting fencing setbacks for the Estates at Dee Creek, Unit 3, Block 4, Lot 1-6. Motion the seconded by Councilman Winn. For: Council Members: Pedde, Krasnai, Winn, Davis, Liparoto and Hetzel; Against: None. Motion carried 6 to 0. C. Approval/Disapproval of a resolution adopting the International City Management Association Retirement Corporation deferred compensation plan. Councilman Winn moved to approve resolution adopting the International City Management Association Retirement Corporation deferred compensation plan. Motion was seconded bY4 Councilman Pedde. For: Council Members: Pedde, Krasnai, Winn, Davis, Liparoto and Hetzel; Against:None. Motion carried 6 to 0. 11. Ordinance A. Approval/Disapproval of an ordinance providing for the second 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 second budget amendment to the FY 2008/2009 budget. Motion was seconded by Councilman Pedde. For: Council Members: Pedde, Krasnai, Winn, Davis, Liparoto and Hetzel; Against:None. Motion carried 6 to 0. B. Approval/Disapproval of an ordinance setting dates, times and place for Public Hearings on the proposed annexation by the City of Cibolo of a 1,115.36 acre tract of land generally located south of Lower Seguin Road and extending pass Interstate 10. Councilman Liparoto moved to approve the ordinance setting the date, time and place for a Public Hearing on proposed annexation of 1,115.36 acres of land located south of Lower Seguin Road an extending pass Interstate 10. Motion was seconded by Councilman Pedde. For: Council Members: Pedde, Krasnai, Winn, Davis, Liparoto a Hetzel; Against: None. Motion carried 6 to 0. C. Approval/Disapproval of an ordinance establishing zoning classification for a 3.372 acre tract of land owned by Schertz Commercial Joint Venture to be re-zoned from Commercial Light (C-1) to Commercial Business District — Light Density Retail (C-1R); providing an effective date. Councilman Winn moved to approve the zoning classification for a 3.372 acre of land from C-1 to C-1R. Motion was seconded by Councilman Liparoto. For: Council Members: Pedde, Krasnai, Winn, Liparoto and Hetzel;Against: Councilwoman Davis. Motion carried 5 to 1. D. Approval/Disapproval of an ordinance amending ordinance no. 725 of the City of Cibolo granting Green Valley Special Utility District, its successors and assigns,the rights,privilege and franchise for a period of twenty (20) years to construct, lay, maintain, operate, extend, remove, replace and repair a waste system and wastewater system in, under, over, across and along any an all streets, avenues, parkways, squares, alleys and all other public places of the City of Cibolo, Guadalupe County, Texas, for the purpose of providing water and wastewater services to the City of Cibolo and its inhabitants an others; providing conditions controlling the use of public thoroughfares and extensions therein; establishing standards of service; providing for payment of two percent (2%) of the gross receipts from the sale of water and wastewater services to customers within the City of Cibolo; providing for adoption; providing that this ordinance is cumulative of all other ordinances of the City of Cibolo not in conflict with the provisions of this ordinance; providing for severability; providing savings; and providing for an effective date. Councilman Winn moved to approve the ordinance with Green Valley Special Utility District. Motion was seconded by Councilman Krasnai. For: Council Members: Pedde, Krasnai, Winn, Davis, Liparoto and Hetzel; Against:None. Motion carried 6 to 0. 5 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. Discuss appointment, employment, reassignment, and duties of Interim City Manager Bruce Pearson. This item was moved up on the agenda and Council convened into Executive Session at 8:07 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 8:17 P.M. Councilman Winn moved to accept the contract for City Manager with Bruce Pearson effective May 6, 2009. Motion was seconded by Councilman Pedde. For: Council Members: Pedde, Krasnai, Winn, Davis, Liparoto and Hetzel; Against:None. Motion carried 6 to 0. 14. Staff Updates A. Capital Projects Schedule B. Police and Fire Station Update C. Sales Tax Collection Recap D. Department Reports 1. Parks 2. Utility 3. Public Works 4. Court 5. Police Department 6. Community Development City Manager Bruce Pearson went over the above items with council. 15. City Council request(s) regarding_specific items or staff reports to be scheduled for future agendas. Councilman Krasnai would like to see an update on the next council meeting on the Peddler's Ordinance. Councilman Winn would like to see on a future agenda the possibility of Green Valley Road west of Cibolo Valley Drive be added to the Cibolo Valley North Project as a possible bid alternate. 6 16. Adj ournment Councilwoman Davis moved to adjourn the meeting at 9:30 P.M. Motion was seconded by Councilman Winn. For: Council Members: Pedde, Krasnai, Winn, Davis, Liparoto and Hetzel; Against:None. Motion carried 6 to 0. PASSED AND APPROVED THIS 26TH DAY OF MAY 2009. Jennifer Hartman Mayor ATTEST: Peggy Cimics, TRMC City Secretary 7