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Min CC 07/22/2008 REGULAR CITY COUNCIL MEETING o U O CIBOLO MUNICIPAL BUILDING 200 S.MAIN July 22,2008 7:00 P.M. MINUTES 1. Call to Order—Meeting was called to order by Mayor Hartman at 7:01 p.m. 2. Roll Call Mayor Hartman Councilman Pedde Councilman Krasnai—absent Councilman Owens Councilman Winn Councilwoman Davis—arrived at 7:21 p.m. Councilman Liparoto Councilman Hetzel Staff—City Manager.Todd Parton City Secretary Peggy Cimics City Attorney—Charlie Zech Police Chief—Tom Curd Fire Chief—Roger Niemietz Community Development—Nancy McBeth Planning—Jonette Ellis 3. Invocation—Invocation was given by Councilman Owens. 4. Pledize of Allegiance—Councilman.Winn led the Pledge of Allegiance.- 5. llegiance:5. Recognition A. Special recognition of the Tri County Volleyball Team on advancing to the.USA Volleyball Junior Olympic National Championships. Mayor Hartman and Rich Simpson (Parks Commission) recognized the Tri County Volleyball Team for advancing to the USA Volleyball Junior Olympic National Championship. B. Special recognition and Appreciation to the City of Cibolo's Public Works Department and Parks Department for all the hard work in preparing Veterans' Memorial Park for the Dedication Ceremony that was held on July 12,2008. Mayor and City Manager recognize the City of Cibolo's Public Works and Parks Department for all the hard work that they did to get Veterans Memorial Park ready for the dedication ceremony. 6. 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. (Attorney General Opinion—JC-0169) Mike Paisley of 161 Blue Sage Lane briefed Council that two of the Girls Softball Teams from Cibolo have advanced to the national championship. He also wanted to complain about the Pony League and the promise that were made at the being of the year to help with the cost of teams advancing in the tournament. Mr. Paisley stated that money raised in Cibolo was put into the Converse Pony League account causing the girls here to have too go out and raise money to advance to the next level of competition. 7. Presentation A.Presentation from Sandy Laskowski on the first year of the Cibolo Pony League and the advancement of two Cibolo Teams to the Pony League National Tournament. Sandy Laskowski of the Cibolo Pony League was not present no action was taken. 8. 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 councilmember 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 July 8,2008. B. Approval of the minutes of the Special Council Meeting/Budget Workshop held on July 14,2008. C. Acceptance of the Revenue & Expense Report for the Month of June 2008 pending final acceptance of the City's financial audit for the 2008 Fiscal Year. D. Acceptance of the June 2008 Check Register pending final acceptance of the City's financial audit for the 2008 Fiscal Year. Councilman Pedde moved to approve the consent agenda. Motion was seconded by Councilman Owens. For: Council Members: Pedde, Owens,Winn,Liparoto and Hetzel;Against:None. Motion carried 5 to 0. 9. Discussion/Action(BuildingItems) ems) A.Discussion/Action regarding a recommendation from the Planning and Zoning Commission on a combination preliminary/final plat for the Discovery Church of the Assemblies of God Subdivision. The 25.5± acre tract is situated out of the Geronimo Leal Survey No. 85, Abstract No. 210, City of Cibolo,Guadalupe County,Texas and is generally located at 242 Country Lane. Councilman Winn moved to approve the recommendation from the Planning and Zoning Commission on a combination preliminary/final plat for the Discovery Church of the Assemblies of God Subdivision. Councilman Liparoto seconded the motion. For: Council Members: Pedde, Owens, Winn, Liparoto and Hetzel;Against:None. Motion carried 5 to 0. B. Discussion/Action on accepting a petition requesting annexation of a 76.87 acre tract situated in the Geronimo Leal Survey,Abstract No.210,Guadalupe County,Texas; (Staff) Councilman Pedde moved to approve the petition requesting annexation of a 76.87 acre tract of land. Motion was seconded by Councilman Owens.For: Council Members: Pedde,Owens,Winn,Liparoto and Hetzel;Against:None. Motion carried 5 to 0. 10. Discussion/Action A. Discussion/Action on the removal, appointments and re-appointments to Cibolo Boards, Commissions and Committees. No action taken. B. Discussion/Action regarding the review and consideration of the proposed Bexar Metro 911 budget for Fiscal Year 2009. Councilman Pedde moved to table this item until the Aug 12, 2008 Council Meeting. Motion was seconded by Councilman Owens. For: Council Members: Pedde, Owens, Winn, Liparoto and Hetzel; Against:None. Motion carried 5 to 0. C. Discussion/Action regarding the review of the proposed Guadalupe Appraisal District budget for Fiscal Year 2009. Councilman Winn moved to disapprove the Guadalupe Appraisal District budget for Fiscal Year 2009. Motion was seconded by Councilman Pedde. For: Council Members: Pedde,Owens,Winn,Liparoto and Hetzel;Against:None. Motion carried 5 to 0. D. Discussion/Action regarding the bid results received for the City of Cibolo Public Works Facility. Andy Simpson from Archimedia briefed council on the six proposals received from qualified general contractors. E. Discussion/Action and direction to staff on awarding the bid for the City of Cibolo Public Works Facility. Councilman Winn moved to approve the bid from Kegley, Inc. to include adding alternate 1 & 2 and leaving Alternate 3 & 4 in the project for a total bid of$730,190.00 with a 209 day completion time. Motion was seconded by Councilman Owens. For: Council Members: Pedde, Owens, Winn, Davis, Liparoto and Hetzel;Against:None. Motion carried 6 to 0. F. Discussion/Action and direction to staff regarding the planned improvements for the phased improvements of the Cibolo Soccer facility. Councilman Winn moved to approve the phased planned improvements of the Cibolo Soccer Facility. Motion was seconded by Councilman Pedde. For: Council Members: Pedde, Winn,Liparoto and Hetzel; Against: Council Members: Owens and Davis. Motion carried 4 to 2. G. Discussion/Action and direction to staff on the City of Cibolo setting a curfew for minors under 17 years of age. This item was brought to council by Councilman Krasnai and he was unable to make the meeting and requested the item be tabled until the next scheduled meeting on August 12,2008. Item tabled. H. Discussion/Action and direction to staff on the City of Cibolo establishing an ordinance regulating the use of cell phones in school zones to hand free phones only. Council directed staff to bring back to the August 12, 2008 meeting an ordinance banning the use of hand-held cell phones in school zones. They also requested staff and legal to research the possibility of establishing a city wide ban on using hand-held cell phones when driving in the City of Cibolo. I. Discussion/Action and direction to staff on establishing a City Historic Commission/Committee. Council discussed the item and requested staff to research the types of Historic Commission that other cities have and to bring this information back to council at a later date. J. Discussion/Action and direction to staff on the City of Cibolo's Drug Policy. Council directed staff to bring back to council the cost of the Cibolo Drug Program and if other cities are doing random drug testing and if so how many per month. K. Discussion/Action and provide direction to staff on areas to be considered for annexation and the annexation time line for the remaining 2008 calendar year. Council directed staff to pursue annexation by heading towards 1H 10 and to infill areas within the City's boundaries. L. Discussion/Action and provide direction to staff on a request for Water Service and Fire Protection to 43.4 acre undeveloped portion of the 105.4 acre Saddle Creek Subdivision. Council directed staff to evaluate all the issues involved if the City approved the request for Water Service and Fire Protection of the undeveloped portion of Saddle Creek Subdivision. M. Discussion/Action regarding amendments to the City of Cibolo Drought Contingency Plan. Councilman Pedde moved to approve the amendments to the City of Cibolo Drought Contingency Plan. Motion was seconded by Councilman Owens. For: Council Members: Pedde, Owens, Winn, Liparoto and Hetzel;Against: Council Member Davis. Motion carried 5 to 1. N. Discussion/Action to provide direction to staff on Capital Projects contemplated for a November 2008 General Obligation Bond Proposition. Council went over the Capital Projects contemplated for a November 2008 General Obligation Bond Proposition. O. 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 calendar for July and August 2008. 11. Ordinances A. Approval/Disapproval of an ordinance setting the dates, times and place for a public hearing on the proposed annexation by the City of Cibolo of a 76.87± acre tract situated in the Geronimo Leal Survey,Abstract No.210,Guadalupe County,Texas. This item was tabled and will be brought back on Monday,July 28,2008. B. Approval/Disapproval of an ordinance to amend Ordinance No. 615 to establish a new drought contingency plan for the City. Councilman Winn moved to approve the ordinance to amend Ordinance No. 615 to establish a new drought contingency plan for the City. Motion was seconded by Councilman Pedde. For: Council Members: Pedde, Owens,Winn,Liparoto and Hetzel;Against: Council Member Davis. Motion carried 5 to 1. 12. Resolutions A. Approval/Disapproval to authorize the Execution of a Project Agreement with the Cibolo Economic Development Corporation. Councilman Winn moved to authorize the Execution of a Project Agreement with the Cibolo Economic Development Corporation. Motion was seconded by Councilman Pedde. For: Council Members: Pedde, Owens,Winn,Liparoto and Hetzel;Against: Council Member Davis. Motion carried 5 to 1. B. Approval/Disapproval of a resolution authorizing Publication of Notice of Intention to Issue Certificates of Obligation. Councilman Winn moved to approve a resolution authorizing Publication of Notice of Intention to Issue Certificates of Obligation. Motion was seconded by Councilman Pedde. For: Council Members: Pedde, Owens,Winn,Liparoto and Hetzel;Against: Council Member Davis. Motion carried 5 to 1. 13. 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 Green Valley Special Utility District's Certificate of Convenience and Necessity inside the City limits and Extraterritorial Jurisdiction. B. Discussion regarding legal issues surrounding recently annexed area Tract A also known as the Royal Oaks and Cheron subdivisions. Council did not go into Executive Session. 14. Open Session Reconvene into Regular Session and take action/or give staff direction, if necessary, on the items discussed in Executive Session. No action. 15. Staff Updates A. Capital Projects Schedule—2006/2007 Bond Projects B. Report on building permits for the FY 2008. C. Report on the new water tower logo. D. Report on Rich Park. City Manager Todd Parton briefed council on the above items. 16. City Council requests regarding specific items or staff reports to be scheduled for future agendas. Councilman Winn requested that staff look at the issue brought up at citizens to be heard by Mr. Mike Paisley and report back to council. Councilwoman Davis would like to see on the next agenda the evaluation forms used for evaluating all City employees. Councilman Pedde would like to have copies of all committee and commissions minutes placed in the council packet. 17. Adjournment Councilwoman Davis moved to adjourn the meeting at 9:35 p.m. Motion was seconded by Councilman Owens. For: Council Members: Pedde, Owens, Winn, Davis, Liparoto and Hetzel; Against: None. Motion carried 6 to 0. PASSED AND APPROVED THIS 12TH DAY OF AUGUST 2008. ?enn 4fer artman Mayor ATTEST: 0��%`7 ZL- Peggy Cimics City Secretary