CITY OF CUERO REGULAR COUNCIL MEETING MINUTES APRIL 23, 2013 5:45 P.M. Call to order and announce a quorum is present: Mayor Meyer called the meeting to order at 5:45 P.M. Members Present: Sara Post Meyer, W.T Tony Allen, At Large Bill Matthys, Mayor Pro Tem John Fuqua, District 1 Doyle Cruz, District 2 Brad Hedrick, District 3 Roy Johnson, District 4 Staff Present: Police Chief Jay Lewis, Code Inspector Eddie Kersten, Admin. Assistant Amber Fitts, City Manager Raymie Zella, Building Supervisor Joe Perales,Code Enforcer Eddie Kersten, Assistant City Manger/Finance Director John Washburn and City Secretary. Invocation led by James K. Crain, III. Pledge of Allegiance to the American Flag and the Texas Flag led by W.T. Tony Allen. PRESENTATIONS AND RECOGNITIONS; a. Introduction of new code enforcment/inspector, Eddie Kersten by Joe Perales, Building Supervisor. PUBLIC COMMENTS: Linda Henderson spoke, as a representative of Keep Cuero Beautiful Organization, to Council about the litter around the Walmart and Stripes store on East Broadway. Would like to see enforcement to keep the area clean. Sister Elizabeth Riebschleger spoke to Council asking for Council for their support regarding HB 2828. 4/23/2013 Council Meeting Minutes Page 1
Annette Rath, spoke to Council as a Main Street Board representative, that she would like to see better inspections of buildings and enforcement from the city building department. Kerry Rhotenberry spoke to council regarding the building department needs to be more organized, that it is not business friendly. Mildred Weldon, with BBQ Station, asked Council if the sidewalk in front of the BBQ Station was complete and if they were coming back to remove the 2x4 s. John Post, asked Council for the building department to have a meeting with the contractors to explain the the codes and procedures. He felt the city should adopt codes to fit Cuero and not other cities. Should not be required to have an engineered slab for new construction. Janie Hill, relayed to Council that there needs to be improvement with communication from the building department. She voiced how upsetting it was that her resturant Bonhoff was closed down and it would be $15, 000 for engineered drawings to repair, stating her employees are out of work. Adrian DeSilva felt that Joe Perales was doing a good job but voiced concern that outside contractors were coming in on weekends and doing work and not following codes but the locals are having to follow the rules. Suggested to have a meeting with the contractors and building department to go over the codes and procedures. PUBLIC HEARINGS: Mayor Meyer closed the regualr meeting at 6:22 PM and opened the public hearing at 6:23 PM a. PUBLIC HEARING. The City of Cuero will conduct a Close Out Public Hearing to discuss the activities accomplished during the implementation of a Texas Department of Agriculture-funded DRP Sidewalk Improvements Project under Contract No. 711222. At the Hearing the actual accomplishments of the grant funded activities will be discussed including ADA improvements / replacements of sidewalks, ramps, and lighting located in the downtown area, on Main Street, Esplanade Street, and Terrell Street. Gandolf Buris addressed Council that the project was completed and one deficency was found and was being corrected by the contractor. b. PUBLIC HEARING on a request for rezoning of 4.96 acre tract of land situated in DeWitt County, Texas out of the Jose Antonio Valdez Gonzales Survey No. 16, Abstract 47 and being out of a 21.80 acre tract of land conveyed to Rodney Flessner recorded in 4/23/2013 Council Meeting Minutes Page 2
Volume 334, pages 135-237, Official Public Records of DeWitt County, Texas, from AG-Agriculture Zoning to R3 Zoning- Multiple Family Residential Zoning. The purpose of this proposal is to amend the Zoning Ordinance, Section 158.005 Zoning Provisions, Section (G) of Ordinance No. 2005-27, and Official Zoning Map by changing the zoning district designation of the property described. Applicant is DMA Development Company, LLC. DMA Development Company, LLC representative Audrey Martin greeted Council and answered any questions that they had. c. PUBLIC HEARING on a request for rezoning of 0.482 acre tract of land situated in DeWitt County, Texas Lot 1, Section 1, Pebble Ridge Subdivision, C.L. Duckett Drive from R1 Residential Zoning to C1 Commercial Zoning. The purpose of this proposal is to amend the Zoning Ordinance, Section 158.005 Zoning Provisions, Section (G) of Ordinance No. 2005-27, and Official Zoning Map by changing the zoning district designation of the property described. Applicant is P.R. Properties. Buzz Edge spoke to Council in support of the rezoning for this tract of land stating that the deed restrictions for Pebble Ridge would need to be enforced. CLOSE PUBLIC HEARINGS at 6:33 PM CONVENE MEETING at 6:34 PM 4. ORDINANCES FIRST READINGS: a. Discuss/consider and possible action on a request for rezoning of 4.96 acre tract of land situated in DeWitt County, Texas out of the Jose Antonio Valdez Gonzales Survey No. 16, Abstract 47 and being out of a 21.80 acre tract of land conveyed to Rodney Flessner recorded in Volume 334, pages 135-237, Official Public Records of DeWitt County, Texas, from AG-Agriculture Zoning to R3 Zoning- Multiple Family Residential Zoning. Motion made by Mayor Pro Tem Matthys, second by Councilmember Cruz to approve the first reading of the ordinance approving the zoning change. Motion was approved unanimously. b. Discuss/consider and possible action on a request for rezoning of 0.482 acre tract of land situated in DeWitt County, Texas Lot 1, Section 1, Pebble Ridge Subdivision, C.L. Duckett Drive from R1 Residential Zoning to C1 Commercial Zoning. Motion made by Councilmember Allen, second by Councilmember Cruz to approve the first reading of the ordinance approving the zoning change. Motion was approved unanimously. RESOLUTIONS: a. Discuss/Consider and possible action on a resolution concerning SB 1876, proposed election. Charlotte Krause, Pecan Valley Ground Water Conservation District 4/23/2013 Council Meeting Minutes Page 3
Representative asked Council to support SB 1876. Motion made by Councilmember Allen, second by Councilmember Cruz to approve a resolution to support SB 1876. b. Discuss/Consider and possible action on a resolution concerning HB 3049 that eliminates the May Election dates for municipalities. Motion by Councilmember Hedrick, second by Mayor Pro Tem directing the Mayor to notify the State Representative that the City of Cuero Opposed HB 3049. c. Discuss/Consider and possible action on a resolution concerning Texas House Bill 2828 eliminating Municipal Authority over gas transmission Pipelines & Facilities. Motion by Councilmember Allen, second by Councilmember Cruz to send resolution opposing HB 2828. d. Discuss/Consider and possible action on a resolution concerning HB 2300, financing safer roads in the Eagle Ford Shale. Motion by Councilmember Hedrick, second by Councilmember Allen to direct the Mayor to notify the State Representative of the City of Cuero of the adoption of a resolution in support of HB 2300. Motion was approved unanimously. e. Discuss/Consider and possible action to award the bid for crushed limestone. City Manager, Raymie Zella recommended that the bids that were presented be rejected. Motion by Councilmember Johnson, second by Councilmember Cruz to reject the bids. Motion was approved unanimously. f. Discuss/Consider and take possible action on Letter of Agreement with Grant Development Services for development of Downtown Revitalization Program grant application to fund construction of sidewalks and lighting in downtown area. Motion by Councilmember Cruz, second by Councilmember Allen to to approve the letter of agreement for Grant Development Services. Motion was approved unanimously. g. Discuss/Consider and take possible action on adoption of a grieveance procedure in connection with Downtown Revitalization Program sidewalk grant CDBG # 711222. Motion by Councimember Johnson, second by Councilmember Fuqua to adopt the resolution. Motion was approved unanimously. 4/23/2013 Council Meeting Minutes Page 4
COUNCIL CONSIDERATION AND ACTION ITEMS: a. Discuss/Consider and possible action regarding the Charter Review Commission final report on proposed charter revisions. Linda Henderson gave Council a summary of the Charter recommendations. Mayor Meyer thanked the committee. Motion by Councilmember Allen, second by Councilmember Hedrick to accept the final report. b. Discuss/Consider and possible action on further funding of the meals on wheels program. Vicki Smith, Community Action Committee Representative, gave Council a summary of the cost and how the program is run. Motion by Mayor Pro Tem Matthys, second by Councilmember Cruz to provide funding to finish out the year. Motion was approved unanimously. c. Discuss/Consider and possible action to accept Annual Financial Report for Fiscal Year ending September 30, 2012 by Harrison, Waldrop and Uherek, L.L. P. Steve Van Manen Auditor gave Council summary of audit. Motion by Councilmember Cruz, second by Councilmember Johnson to table this item so Council could review the full report. All agreed. Motion was approved unanimously. d. Discuss/Consider and possible action to approve agreement with HDR Engineering to develop a Water Wastewater Rate Model. Motion by Councilmember Johnson, second by Councilmember Hedrick to approve the agreement at the cost of $33,598.00. The motion was approved unanimously. e. Discuss/Consider and possible action to approve the 2 nd quarter FY 2013 Financial Report. Motion by Councilmember Allen, second by Councilmember Cruz to approve the 2 nd quarter FY 2013 Financial Report as presented. Motion was approved unanimously. f. Discussion of Cuero Golf Course recommendations from Consultant. City Manager Raymie Zella gave council suggestion that the golf consultant had recommended such as T-Boxes, kinds of seed for the greens, and parking lot at Club house. 4/23/2013 Council Meeting Minutes Page 5
g. Discuss/Consider and possible action on City of Cuero Building Codes and Code Enforcement. Much discussion ensued. Several suggestions were given as well suggesting a budget amendment to get extra employees in the Building Department. 7. CONSENT AGENDA: Motion by Councilmember Allen, second by Councilmember Johnson to approve the consent agenda. All agreed. Motion was approved unanimously. a. Council Meeting Minutes 3/26/2013 b. Council Meeting Minutes 3/27/2013 c. Council Meeting Minutes 3/28/2013 d. Council Meeting Minutes 4/2/2013 e. Council Meeting Minutes 4/8/2013 f. Cuero Municipal Library Minutes March & April g. DeWitt County Appraisal District Board Minutes February & March 8. Adjourn: Meeting adjourned at 8:17 P.M. 4/23/2013 Council Meeting Minutes Page 6