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Min CC 05/26/2015 o P C_i X90 rho a » TfXPr' "Citg of Choice" City Council Meeting CIBOLO MUNICIPAL BUILDING 200 S.MAIN May 26,2015 6:30 P.M. MINUTES 1. Call to Order-Mayor Jackson called the meeting to order at 6:32 p.m. 2. Roll Call and Excused Absences Mayor Jackson, Mayor Pro-Tem Hogue, Councilwoman Schultes, Councilman Garrett, Councilman Doty, Councilman Russell, Councilman Dunn were present. Councilman Castro was absent. Mayor Pro Tern Hogue made a motion to accept Councilman Castro's absence as excused. Councilwoman Schultes seconded the motion. Mayor Jackson took a roll call vote. Councilwoman Schultes voted-yes, Councilman Garrett voted-no, Councilman Doty voted-no,Mayor Pro-Tem Hogue voted-yes, Councilman Russell voted-yes, Councilman Dunn voted-no. There was a 3-3 tie vote. Mayor Jackson broke the tie and voted no. The motion failed with a vote of 3 to 4 not to accept an excused absence for Councilman Castro. Staff in attendance: City Manager Herrera, City Attorney Erkan, Police Chief Cox, Fire Chief Niemietz, Public Works Director Fousse, City Planner Gonzales, City Engineer Klein, Finance Director Miranda, EDC Director Luft, I.T. Director Badu, and Asst. City Secretary Edmondson. 3. Invocation-Mayor Jackson led the invocation. 4. Pledge of Alle ig_ance-All rose and recited the pledge of allegiance. 5. Public Hearin A. The City of Cibolo City Council will hold a Public Hearing to hear testimony regarding the rezoning of approximately 3.54 acres located southwest of the intersection of F.M. 1103 and Weidner Road currently zoned Public Facilities(PF)to Neighborhood Commercial(C-1). Mayor Jackson opened the Public Hearing at 6:35 p.m. City Planner Gonzalez briefed.the council regarding the rezoning of approximately 3.54 acres located southwest of the intersection of F.M. 1103 and Weidner Road currently zoned Public Facilities (PF) to Neighborhood Commercial (C-1). No one wished to speak at this item. Public Hearing was closed by Mayor Jackson at 6:38 p.m. B. The City of Cibolo City Council will hold a Public Hearing to hear testimony regarding the rezoning of - approximately 162.2 acres fronting Weidner Road to the south, immediately north of Buffalo Crossing and west of Gatewood subdivisions currently zoned Medium Density-Single Family Residential (SF-2) to Planned Unit Development(PUD)to allow mixed density single-family residential. Mr.Klein briefed the City Council on the request to rezone approx 16.2 acres fronting Weidner Road to the south,immediately north of Buffalo Crossing and west of Gatewood subdivisions currently zone Medium Density-Single-Family Residential(SF-2)to Planned Unit Development(PUD)to allow mixed density single-family residential. Engineer Paul Denham on this project spoke to the City Council. Mayor Jackson opened the Public Hearing at 7:02 p.m. 1 Vic Zengerle-1265 FM 1103 spoke how changed has occurred over the years from landowners to developers. He asked city council to use common sense.Mr.Zengerle is in favor of the rezoning. Diane Meade-301 Gardner Cove spoke for the rezoning in theory; however the increase traffic use on Buffalo Crossing is troublesome. Arnold Proutkowski-661 Bison Lane,first time home owner that was told by Chesmar that the greenbelt area would not be built on, and it would not be developed.He understands business,however believes that new customers should not be lied to. Courtney Johnson-124 Flint Rd spoke in favor for the developer to be rezoned to a PUD.The thoroughfare is much needed and hopes the roads are built sooner than planned due to the increase of traffic. Mike Gomez-284 Flint Rd,concerned that under PUD,more than just homes can be built on a PUD,the increase of traffic, and the flooding. So at this point,not,in favor of rezoning. Terry Ross-265 Flint Rd, concerned with increase of traffic,with additional 480 homes being planned.The infrastructure is not ready,too much to put on Buffalo Crossing at this time. TG Benson-120 Springtree Hollow, support it only because they can start building immediately with the current zoning. By changing the zoning, improvements within the PUD and the PIA can help. Supports rezone. Paul Buell-816 N Main St supports the rezoning and PUD. We are having businesses coming in and if they do not see the increase of homes to support the businesses,they won't come in. Carol Alvarado-101 Weeping Willow, good questions being brought up this evening. The planned thoroughfares will serve all of Cibolo and help traffic flow. Supports the change to PUD,welcome variety. Karen Hale,221 CJ Jones,Chairman of the PZ Commission,is in favor of changing the zoning to PUD. It's a well planned development. Spoke to some of the PZ commissioners that did not fully understand what they were voting for.After looking at this request,they would have voted differently.Mayor Jackson closed the Public Hearing at 7:24 p.m. 6. 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. All remarks shall be addressed to the Council as a body, and not to any individual member thereof. Any person making personal, impertinent, or slanderous remarks while addressing the Council may be requested to leave the meeting. Carol Alvarado-101 Weeping Willow, at the Cibolo Youth Council meeting on June 2, 2015, there will be a presentation for the volunteers and sponsors from the 2015 BBQ Cook Off. 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 12,2015. B. Acceptance of the April 2015 Check Register pending final acceptance of the City's financial audit for the 2014/2015 Fiscal Year. C. Acceptance of the Revenue & Expense Report ending April 30, 2015 pending final acceptance of the City's financial audit for the 2014/2015 Fiscal Year. Councilman Garrett made a motion to accept the consent agenda. Councilman Dunn seconded the motion. For: Council Members: Schultes, Garrett, Doty, Hogue, Russell, and Dunn. Against: None. Motion carried 6 to 0. 8. Staff Updates/Discussion A. Police Department 2 B. Drainage Department C. Parks Department D. Street Department E. Utility Department F. Administration City Manager Herrera, thanked the Parks and Recreation Commission for hosting the Memorial Day Ceremony on May 25, 2015 at Veteran's Park. It was a wonderful turn out. Executive Asst. Leigh'Ann Rogers gave a report on the City of Cibolo being on the 2015 Top 50 Safest Cities. City of Cibolo ranked#13. I.T. Director Isaac Badu updated council on the I.T. department since he took over approx. 4 months ago. 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 and Cibolo Economic Development Corporation, and all other Committees, Commissions and Boards. Asst. City Secretary Edmondson briefed the council on the report listing current board members that their terms are up in 2015. B. Discussion/Action on a financing plan for the issuance of General Obligation Refunding Bond, Series 2015; authorizing staff and consultants to proceed with document preparation. Finance Director Miranda introduced Financial Advisor,Victor Quiroga,Jr,Frost Bank who gave a presentation on the financing plan for the issuance of General Obligation and Refunding Bonds, Series 2015. Mayor Pro-Tem Hogue made motion to authorize city staff and bond counsel to proceed with the document preparation for the sale of approximately nine million dollars in bonds. Councilman Dunn seconded the motion. For: Council Members: Schultes, Garrett, Doty, Hogue, Russell, and Dunn. Against: None. Motion carried 6 to 0. C. Discussion/Action regarding the Preliminary/Final Replat of FM 1103 Industrial Park Subdivision. City Engineer Klein presented the Preliminary/Final Replat of FM 1103 Industrial Park Subdivision changes and updates to the council. Councilman Doty made a motion to accept the Preliminary/Final Replat of F.M. 1103 Industrial Park Subdivision. Councilman Dunn seconded the motion. For: Council Members: Schultes, Garrett,Doty,Hogue,Russell and Dunn.Against:None.Motion carried 6 to 0. , D. Discussion/Action regarding the Final Plat of Mesa at Turning Stone Unit 6. City Planner Gonzalez presented the Final Subdivision Plat of Mesa at Turning Stone Unit 6 details to the City Council. Councilman Doty made a motion to accept the Final Plat of Mesa Turning Stone Unit 6. Councilman Garrett seconded the motion. For: Council Members: Schultes, Garrett, Doty, Hogue, Russell, and Dunn.Against: None.Motion carried 6 to 0. E. Discussion/Action regarding the Preliminary Acceptance of Infrastructure—Mesa at Turning Stone Unit 4. City Planner Gonzalez presented the Preliminary Acceptance of Infrastructure-Mesa at Turning Stone Unit 4. Councilman Doty made a motion to accept the Preliminary Acceptance of Infrastructure—Mesa at Turing Stone Unit 4 to include Sanitary Sewer: 2,276 Linear Feet with a valuation of$165,478.60,Public Street: None(All streets in Unit 4 are private,HOA owned and maintained)with a total valuation of accepted Public Improvements dedicated to the City of Cibolo of$165,478.60. Councilman Dunn seconded the motion.For: Council Members: Schultes, Garrett,Doty,Hogue,Russell, and Dunn.Against:None.Motion carried 6 to 0. 3 F. Discussion/Action regarding the Preliminary Acceptance of Infrastructure—Saratoga Subdivision Unit 10. City Planner Gonzalez presented the Preliminary Acceptance of Infrastructure- Saratoga Subdivision Unit 10. Councilman Dunn made a motion to accept the Preliminary Acceptance of Infrastructure-Saratoga Subdivision Unit 10 to include Sanitary Sewer: 4,634'Linear Feet with a valuation of$277,415.65; Drainage: 96 Linear Feet with a valuation of $124,909.10; Public Street: 3,310 Linear Feet with a valuation of $463,060.40 for a total valuation of accepted Public Improvements dedicated to the City of Cibolo of $865,385.15. Councilman Doty seconded the motion. For: Council Members: Schultes, Garrett, Doty, Hogue,Russell, and Dunn.Against:None.Motion carried 6 to 0. G. Discussion/Approval of the Bexar Metro Fiscal Year 2016 Proposed Budget. Councilman Doty made a motion to approve Bexar Metro Fiscal Year 2016 Proposed Budget. Councilwoman Schultes seconded the motion. For: Council Members Schultes, Garrett, Doty, Russell, and Dunn. Councilman Hogue had stepped out of meeting during this item.Against:None.Motion carried 5 to 0. 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. No changes at this time. 10. Ordinances A. Discussion/Approval of an ordinance to rezone certain real property located southwest of the intersection of FM 1103 and Weidner Road, comprised of approximately 3.54 acres from Public Facilities (PF) to Neighborhood Commercial(C-1). Councilman Garrett made a motion to approve the ordinance to rezone certain real property located southwest of the intersection of F.M. 1103 and Weidner Road, comprised of approximately 3.54 acres from Public Facilities (PF) to Neighborhood Commercial (C-1). Councilman Dunn seconded the motion. For: Council Members: Schultes,Garrett,Doty,Hogue,Russell, and Dunn.Against:None.Motion passed 6 to 0. B. Discussion/Approval of an ordinance to rezone approximately 162.2 acres fronting Weidner Road to the south, immediately north of Buffalo Crossing and west of Gatewood subdivision currently zoned Medium Density-Single Family Residential (SF-2) to Planned Unit Development (PUD) to allow mixed density single-family residential. Councilman Doty made a motion to approve the rezoning of approximately 162.2 fronting Weidner Road to the south, immediately north of Buffalo Crossing and west of Gatewood subdivision currently zone Medium Density-Single Family Residential.(SF-2) to Planned Unit Development (PUD) to allow mixed density single-family residential. Councilman Dunn seconded the motion. Roll Call Vote: Councilwoman Schultes- yes, Councilman Garrett-yes, Councilman Doty-yes, Mayor Pro-Tem Hogue-yes, Councilman Russell-yes, Councilman Dunn-yes.Against:None.With a super majority vote the motion passed 6 to 0. 11. Executive Session The City Council will meet in Executive Session as authorized by the Texas Gov't Code Section 551.071 Consultation with Attorney, Section 551.072 Deliberation regarding Real Property, and Section 551.074 regarding Personnel Matters to discuss the following: Council convened into Executive Session at 8:42 p.m. Mayor Jackson called the meeting back in session at 10:11 p.m. 4 A. Receive legal advice on Green Valley SUD decision to rescind its promise to release certain portions of its service area and related matters. Councilman Allen Dunn gave direction to Mr. Robert T. Herrera to pursue all available avenues open to the city regarding GV SUD. B. Discuss the purchase and value of property located at 4118 Green Valley Road, Cibolo,Texas 78108. Mayor Pro-Tem Hogue made a motion to give the City Attorney authority for proceeding with eminent domain on the property at 4118 Green Valley Road, Cibolo, Texas 78108. Councilman Dunn seconded the motion. For: Council Members: Schultes, Garrett, Doty, Hogue, Russell, and Dunn. Against: None. Motion carried 6 to 0. C. Annual Performance Evaluation of the City Manager. Councilman Doty made a motion to approve a 3% salary increase. Councilwoman Schultes seconded the motion. For: Council Members: Schultes, Garrett, Doty, Hogue, Russell, and Dunn. Against: None. Motion carried 6 to 0. 12. City Council request(s)regarding specific items to be scheduled for future agendas. Backflow Ordinance City of Schertz opposing asphalt plant in Garden Ridge. 13. Adjournment Councilman Garrett made a motion to adjourn the meeting at 10:14 p.m. Councilman Dunn seconded the motion.For: Council Members: Schultes, Garrett,Doty,Hogue,Russell, and Dunn. Against: None.Motion carried 6 to 0. PASSED AND APPROVED ON THIS 9Tx DAY OF JUNE,2015. Lisa M.Jackson,-Mayor ATTEST: Peggy Cimics City Secretary 5