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Min CC 09/22/2015 V OF C/9 O v O a Tex'AS City 6f Chgtce" City Council Meeting CIBOLO MUNICIPAL BUILDING 200 S.MAIN September,22,2015 6:30 P.M. MINUTES 1. Call to Order—Meeting was called to order by Mayor Jackson at 6:30 p.m. 2. Roll Call and Excused Absences — Council Present: Mayor Jackson, Councilwoman Schultes, Councilman Garrett, Councilwoman Gebhardt, Councilman Doty, Councilman Russell, Councilman Hogue and Councilman Weber; Staff Present: City Manager Herrera, City Attorney Erkan, City Secretary Cimics, Finance Director Miranda, ED Director Luft, IT Director Badu, Police Chief Cox, Fire Chief Niemietz, Public Works Director Fousse and City Engineer/Planning Director Klein. 3. Invocation—Invocation was given by the Pastor from Everyday Christian Fellowship. 4. Pledge of Allegiance—All in attendance recited the Pledge of Allegiance. 5. Citizens to be Heard — This is the only time during the Council Meeting that a citizen can address the City Council. It is the opportunity for visitors and guests to address the City Council on any issue to include agenda items. All visitors wishing to speak must fill out a"Citizens to be Heard"Form prior to the start of the meeting. 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 at Citizens to be Heard: Paul Buell stated that he was the chairman of the Master Plan Committee and the two items that he hears the most is it is too expense to build in Cibolo and that Cibolo is hard to work with. Mr. Buell stated that we need to help new businesses get started and if that means we need to reduce impact fees then we should do that. Karen Hale stated that she had been the chairman of the Planning& Zoning Commission for a little over 6 months. Wanted to know why if the city establishes a policy why we do not abide by them. Tony Edwards spoke on the new road between Heights of Cibolo and Saddle Creek Ranch Subdivisions. Mr. Edwards feels that the road needs to have a gate and lock. Melvin Hicks talked about the NE Herald and people complaining they don't receive it, others not getting it or the paper just stays on the lawn causing litter though out the City. Debbie Gibbs also spoke on the road connecting the two subdivisions and was concerned about the traffic and safety of the children. Sarah Jackson stated she is a 4'h generation family member here in Cibolo. Ms. Jackson does not see that Cibolo has any place in the City that displays Cibolo's history as other city do.Michael Balderas introduced himself as a former Councilman from the City of Live Oak but now a resident of Cibolo and Heights of Cibolo. Mr. Balderas was against the road connecting Heights of Cibolo and Saddle Creek Ranch because of the concern over the children safety. Ted Gibbs a resident of the Heights of Cibolo was also against the road connecting to Saddle Creek Ranch. Mr. Gibbs wanted to know why this road was necessary and stated that he had done a time study and the difference between the times without this connection was only a few seconds longer than with the connecting road. Mr. Gibbs also read a couple letters from other residents that opposed the road. 1 6. Public Hearing A. The City of Cibolo will hold a public hearing to hear public testimony concerning the amendment of Ordinance 1123, revising the zoning classifications of certain real properties located north of FM 1103 and immediately west of Cibolo Valley Ranch,referenced as the Knight's Crossing Planned Unit Development. Vic Zengerle stated that he has owed this property for over 45 years. He gave right of way for Cibolo Valley Drive and also a right of way for a sewer pipe and permission to build a drainage ditch for flood control. All these items benefited the City and many given at no cost. Mr.Zengerle hoped that the Council would look at this zoning classification favorable. Karen Hale stated that the Planning & Zoning concerns were access to the property and traffic. 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 September 8,2015. B. Approval of the minutes of the Joint City Council/Planning&Zoning Workshop held on September 15,2015. Councilman Hogue made the motion to approve the consent agenda. Motion was seconded by Councilman Garrett. For: Council Members: Schultes, Garrett, Gebhardt, Doty, Russell, Hogue and Weber; Against: None. Motion carried 7 to 0. 8. Staff Updates/Discussion A. Police Department B. Drainage Department C. Parks Department D. Street Department E. Utility Department F. Administration Mr. Fousse gave an update to council on the FM 78 Sewer Project, Sports Complex and Town-Creek Drainage Project. 9. Discussion/Action A. Discussion/Action on the removal, appointments and re-appointments to Planning and Zoning Commission, Parks Commission, Streets and Drainage Commission, Board of Adjustments Commission, Capital Improvement Program (CIP), Charter Review Committee, Master Plan Committee, Youth Council and Cibolo Economic Development Corporation,and all other Committees, Commissions and Boards. Councilman Hogue made the motion to place Sarah Jackson on the Master Plan Committee as the ETJ member, Tim Bird as the Parks &Recreation member to the Master Plan Committee and John Britton to the Youth Council. Motion was seconded by Councilman Doty. For: Council Members: Schultes, Garrett, Gebhardt,Doty,Russell,Hogue and Weber;Against:None. Motion carried 7 to 0. 2 B. Discussion/Action regarding the First Amendment to the Public Improvement Agreement between Continental Homes of Texas,L.P. and the City of Cibolo. Councilwoman Schultes made the motion to the First Amendment to the Public Improvement Agreement between Continental Homes of Texas, L.P. and the City of Cibolo. Motion was seconded by Councilman Garrett. For: Council Members: Schultes, Garrett, Gebhardt, Doty, Russell, Hogue and Weber; Against: None. Motion carried 7 to 0. C. Discussion/Action regarding the Preliminary Acceptance of Infrastructure for Saratoga Subdivision Phase 1. Councilman Doty made the motion to approve the Preliminary Acceptance of Infrastructure for Saratoga Subdivision Phase 1. Motion was seconded by Councilman Russell. For: Council Members: Schultes, Garrett,Gebhardt,Doty,Russell,Hogue and Weber;Against:None. Motion carried 7 to 0. D. Discussion/Action regarding the Final Plat of Heights of Cibolo Subdivision Unit 5. A motion was made by Councilman Doty to approve the Final Plat of Heights of Cibolo Subdivision Unit 5 with the stipulation that a gate would be installed with a Knox Box and a traffic study be completed. This motion was not seconded. No action was completed on this item. E. Discussion/Action regarding the Final Plat of Turning Stone Subdivision Unit S1. Councilman Russell made the motion to approve the Final Plat of Turning Stone Subdivision Unit S 1.Motion was seconded by Councilman Garrett. For: Council Members: Schultes, Garrett, Gebhardt, Doty, Russell, Hogue and Weber; Against:None. Motion carried 7 to 0. F. Discussion/Action regarding the Land Study for the Koehler/Veazey Subdivision. Councilwoman Schultes made the motion to approve the Land Study for the Koehler/Veazey Subdivision. Motion was seconded by Councilman Doty. For: Council Members: Schultes, Garrett, Gebhardt, Doty, Russell,Hogue and Weber;Against:None. Motion carried 7 to 0. G. Discussion and direction to staff on updating Ordinance 930 to include litter and discussion on Cibolo as a Green City. This item was discussed by council but no action taken at this time. 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 calendar for September and October 2015. 10. Ordinance A. Approval/Disapproval of an ordinance of the City of Cibolo to amend Ordinancel 123, revising the zoning classifications of certain real properties located north of FM 1103 and immediately west of Cibolo Valley Ranch,referenced as the Knight's Crossing Planned Unit Development. Councilman Doty made the motion to approve the ordinance of the City of Cibolo to amend Ordinancel 123, revising the zoning classifications of certain real properties located north of FM 1103 and immediately west of Cibolo Valley Ranch, referenced as the Knight's Crossing Planned Unit Development with the two conditions 1.Removal of the existing fence(s)for the entire length along the eastern property line of the 3 applicant (Zengerle tract) and Cibolo Valley Ranch between the Multi-Family and Single-Family property line. 2. Maintain a central building layout, similar to the attached site plan. (Exhibit B per Ordinance). Motion was seconded by Councilman Russell. Mayor Jackson took a roll call vote. Councilwoman Schultes — Yes, Councilman Garrett — No, Councilwoman Gebhardt — No, Councilman Doty — Yes, Councilman Hogue—No, Councilman Russell—Yes and Councilman Weber—Yes. Motion carried 4 to 3. 11. Resolution A. Approval/Disapproval of a Resolution of the City Council to impose additional fee for collection of delinquent Municipal Court fines and fees and the collection of fees by McCreary Veselka Bragg & Allen Attorneys at Law. Councilman Hogue made the motion to approve the Resolution of the City Council to impose additional fee for collection of delinquent Municipal Court fines and fees and the collection of fees by McCreary Veselka Bragg & Allen Attorneys at Law. Motion was seconded by Councilman Doty. For: Council Members: Council Members: Schultes, Garrett, Gebhardt, Doty, Russell, Hogue and Weber; Against: None. Motion carried 7 to 0. B. Approval/Disapproval of a Resolution amending the Investment Policy of the.City of Cibolo. Councilwoman Gebhardt made the motion to approve the Resolution amending the Investment Policy of the City of Cibolo. Motion was seconded by Councilwoman Schultes. For: Council Members: Schultes, Garrett, Gebhardt,Doty,Russell,Hogue and Weber, Against:None. Motion carried 7 to 0. C. Approval/Disapproval of a Resolution to authorize the City's participation in Texas Cooperative Liquid Assets Securities System(Texas CLASS)and establish its authorized representatives. Councilman Doty made the motion to approve the Resolution to authorize the City's participation in Texas Cooperative Liquid Assets Securities System(Texas CLASS)and establish its authorized representatives. Motion was seconded by Councilwoman Gebhardt. For: Council Members: Schultes, Garrett, Gebhardt, Doty,Russell,Hogue and Weber;Against:None. Motion carried 7 to 0. 12. Executive Session The City Council will meet in Executive Session as authorized by the Texas Gov't Code Section 551.071 Consultation with Attorney to receive status report and legal advice from legal council concerning Green Valley SUD matters: A. Water CCN jurisdictional conflict B. Wastewater CCN Council went into Executive Session at 7:31 p.m.immediately after the Public Hearing. 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 8:23 p.m. No action taken. 14. City Council request(s)regarding specific items to be scheduled for future agendas Councilman Hogue requested the Ethics Ordinance to be looked at again by council. 4 15. Adjournment Councilman Garrett made the motion to adjourn the meeting at 9:58 p.m. Motion was seconded by Councilman Russell. For:All;Against:None. Motion carried 7 to 0. PASSED AND APPROVED THIS 13TH DAY OF OCTOBER 2015. Ta e ayt .G'G� �. ��. Mayor Pro-Tem ATTEST Peggy Cimics,TRMC City Secretary 5