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Min CC 04/22/2014
.©IF _Cts O. C "City of Choice" City Council Meeting CIBOLO MUNICIPAL BUILDING 200 S.MAIN April 22,2014 7:00 P.M. MINUTES 1. Call to Order—Mayor Jackson called the meeting to order at 7:01 p.m. 2. Roll Call— Council Present: Mayor Jackson, Councilman Pedde, Councilman Garrett, Councilman Castro, Councilman Doty, Councilman Carlton, Councilman Hogue and Councilman Dunn; Staff Present: City Manager Herrera, City Attorney Banks, City Secretary Cimics, City Engineer Klein, Finance Director Miranda, Fire Chief Niemietz, Police Chief Cox, ED Director Luft,Public Works Director Fousse and Planner Gonzalez. 3. Invocation—Invocation was given by Pastor Corey Webb from Everyday Fellowship 4. Pledgee of Alle ig'ance—The Pledge of Allegiance was recited by all in attendance. 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 signed up to be heard: Melvin Hicks spoke on a request for the amount of money the City has spent on the Bentwood Ranch lawsuit and on the 2008 bond issues and where the City is on issuing all the bonds. He also spoke on item I OD changing the time of the council meeting. Mr.Hicks stated if council changes time we should have all meetings at the same time not to confuse the citizens. Mario Gallegos from the Schertz YMCA spoke on an event that would be going on April 26th at the Cibolo Multi-Event Center from 11 to 3. Michael LaMonica gave information on an event being hosted by the Spartans' Organization on April 27t'at Niemietz Park from 12 to 5. Joseph Marksfeld presented a flag that had flown over Afghanistan on 11/30/2013 to the Mayor Jackson. Steve Liparoto spoke during item 11G Drought Contingency Plan. 6. Public Hearing A. The City of Cibolo City Council will hold a public hearing to receive public testimony regarding the rezoning of approximately 12.559 acres on the southeast comer of Borgfeld Road and Main Street, of which 8.189 acres would be rezoned from the Single Family Residential (SF-2) zoning district to the Retail/Office (C-3) zoning district and 4.37 acres fronting Main Street from the Neighborhood Commercial(C-1)zoning district to the Retail/Office(C-3)zoning district. Mayor Jackson opened the Public Hearing at 7:14 p.m. Pastor Webb from the Everyday Fellowship spoke on the re-zoning process and thanked the council and staff for their teamwork. Katrina Hill spoke during the hearing and was in favor of the zoning if it were to be zoned C1/C2. 7. Presentation A. Presentation of 5 year plaque to Police Officer Chris Soto. City Manager Herrera and Mayor Jackson presented a plaque to Police Officer Chris Soto for his five years of dedicated service to the City of Cibolo. Officer Soto thanked everyone and stated that this has been his favorite job as a police officer in his career. Pictures were taken with Officer Soto,City Manager,Mayor and Officer Soto's two boys. 1 8. Consent Agenda—Consent Items(General Items) A. Approval of the minutes of the Joint Council/P&Z Workshop held on April 5,2014. B. Approval of the minutes of the Regular City Council Meeting held on April 8,2014. C. Acceptance of the March 2014 Check Register pending final acceptance of the City's financial audit for the 2014/15 Fiscal Year. D. Acceptance of the Revenue&Expense Report ending March 31,2014 pending final acceptance of the City's financial audit for the 2014/15 Fiscal Year. E. Acceptance of the Quarterly Investment Report for the period ending March 31,2014 pending final acceptance of the City's financial audit for the 2014/15 Fiscal Year. Councilman Doty made the motion to approve the consent agenda. Motion was seconded by Councilman Pedde. For: Council Members:Pedde,Garrett,Castro,Doty,Carlton,Hogue and Dunn;Against:None. Motion carried 7 to 0. 9. Staff Updates/Discussion A. Street Department B. Parks Department C. Utility Department D. Drainage Department E. Administration Mayor Jackson presented Certificates of Appreciation to the JROTC for their clean-up work on Cibolo Valley Drive and I- 35 area of the City. 10. Ordinances A. Discussion/Approval of an ordinance authorizing the issuance of"City of Cibolo,Texas General Obligation Bonds, Series 2014",selection of the best bid therefore;levying a continuing direct annual ad valorem tax within the limitations prescribed by law, for the payment of the bonds; prescribing the form, terms, conditions, and resolving other matters incident and related to the issuance, sale, and delivery of the bonds, including the approval and distribution of an official statement pertaining thereto: authorizing the execution of a paying agent/registrar agreement and an official bid form;complying with the provisions of the depository trust company's letter of representations; authorizing the execution of any necessary engagement agreements with the City's Financial Advisors and/or Bond Council;and providing for an effective date. This item was briefed by Andrew Freeman and Clay Binford. Councilman Castro made the motion to adopt an ordinance authorizing the issuance of"City of Cibolo, Texas General Obligation Bonds, Series 2014". Motion was seconded by Councilman Pedde. For: Councilman Pedde, Garrett, Castro, Doty, Carlton, Hogue and Dunn; Against: None. Motion carried 7 to 0. B. Discussion/Approval of an ordinance to rezone approximately 6.059 acres out of approximately 12.559 acres located on the southeast comer of Borgfeld Road and Main Street from the Single-Family Residential (SF-2) and Neighborhood Commercial(C-1)Zoning District to the Old Town/Town Center(C-2)Zoning District. Councilman Castro made the motion to approve an ordinance to rezone approximately 6.059 acres out of approximately 12.559 acres located on the southeast comer of Borgfeld Road and Main Street from the Single-Family Residential(SF-2) and Neighborhood Commercial (C-1) Zoning District to the Old Town/Town Center (C-2) Zoning District. Motion was seconded by Councilman Doty. For: Councilman Pedde, Garrett, Castro,Doty, Carlton, Hogue and Dunn; Against:None. Motion carried 7 to 0. 2 C. Discussion/Approval of an ordinance to rezone a 300 foot deep strip along Town Creek Road(approximately 6.5 acres)out of approximately 12.559 acres located southeast corner of Borgfeld Road and Main Street from the Single-Family Residential(SF-2)Zoning District to the Neighborhood Commercial(C-1)Zoning District. Councilman Doty made the motion to approve an ordinance to rezone a 300 foot deep strip along Town Creek Road (approximately 6.5 acres) out of approximately 12.559 acres located southeast comer of Borgfeld Road and Main Street from the Single-Family Residential(SF-2)Zoning District to the Neighborhood Commercial(C-1)Zoning District. Motion was seconded by Councilman Garrett. For: Councilman Pedde, Garrett, Castro,Doty, Carlton,Hogue and Dunn; Against: None. Motion carried 7 to 0. D. Discussion/Approval of an ordinance amending Ordinance 904 by changing the commencement time of City Council Meetings from 7:00 P.M.to 6:30 P.M. Councilman Hogue made the motion to approve an ordinance amending Ordinance 904 by changing the commencement time of City Council Meetings from 7:00 P.M.to 6:30 P.M. Motion was seconded by Councilman Dunn. For: Councilman Garrett,Doty,Carlton,Hogue and Dunn;Against: Councilman Pedde and Castro. Motion carried 5 to 2. E. Discussion/Approval of an ordinance amending the City's Code of Ordinances to create a Unified Development Code Committee. Councilman Castro made the motion to approve an ordinance amending the City's Code of Ordinances to create a Unified Development Code Committee. Motion was seconded by Councilman Carlton. For: Councilman Pedde, Garrett, Castro, Doty,Carlton,Hogue and Dunn;Against:None. Motion carried 7 to 0. F. Discussion/Approval of an ordinance repealing Resolution 1431 and amending the City's Code of Ordinances to create a Capital Improvements Advisory Committee. Councilman Castro made the motion to approve an ordinance repealing Resolution 1431 and amending the City's Code of Ordinances to create a Capital Improvements Advisory Committee. Motion was seconded by Councilman Garrett. For: Councilman Pedde,Garrett,Castro,Doty,Carlton,Hogue and Dunn;Against:None. Motion carried 7 to 0. 11. 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), Cibolofest Committee,UDC Committee,Cibolo Youth Council and the Cibolo Economic Development Corporation. Councilman Castro made the motion to re-appoint Michael LaMonica to the Parks&Recreation Commission. Motion was seconded by Councilman Hogue. For: Councilman Pedde,Garrett,Castro,Doty,Carlton,Hogue and Dunn;Against:None. Motion carried 7 to 0. Councilman Castro made the motion to re-appoint Donnovan Jackson to the Economic Development Corporation. Motion was seconded by Councilman Carlton. For: Councilman Pedde, Garrett, Castro,Doty,Carlton,-Hogue and Dunn;Against: None. Motion carried 7 to 0. Councilman Carlton made the motion to appoint Justin Irie to the Youth Council as a mentor. Motion was seconded by Councilman Castro. For: Councilman Pedde, Garrett, Castro, Doty, Carlton, Hogue and Dunn; Against: None. Motion carried 7 to 0. Councilman Pedde made the motion to appoint Jason Wiederstein as District 1 representative to the CIP Committee. Motion was seconded by Councilman Castro. For: Councilman Pedde, Garrett, Castro, Doty, Carlton, Hogue and Dunn; Against:None. Motion carried 7 to 0. Councilman Castro made the motion to appoint Claudia Walker as District 3 representative to the CIP Committee. Motion was seconded by Councilman Hogue. For: Councilman Pedde, Garrett, Castro, Doty, Carlton, Hogue and Dunn; Against: None. Motion carried 7 to 0. Councilman Garrett made the motion to appoint Mike Vlk as District 2 representative to the CIP Committee. Motion was seconded by Councilman Castro. For: Councilman Pedde,Garrett,Castro,Doty,Carlton,Hogue and Dunn;Against:None. Motion carried 7 to 0. 3 Councilman Carlton made the motion to appoint Mark Rightnour as District 5 representative to the CIP Committee. Motion was seconded by Councilman Hogue. For: Councilman Pedde, Garrett, Castro,Doty, Carlton, Hogue and Dunn; Against: None. Motion carried 7 to 0. Councilman Hogue made the motion to appoint Jennifer Hartman as District 6 representative to the CIP Committee. Motion was seconded by Councilman Carlton. For: Councilman Pedde,Garrett, Castro,Doty, Carlton,Hogue and Dunn;Against: None. Motion carried 7 to 0. Councilman Garrett made the motion to appoint Stan Boyle as the Parks Commission representative to the CIP Committee. Motion was seconded by Councilman Castro. For: Councilman Pedde, Garrett, Castro, Doty, Carlton, Hogue and Dunn; Against: None. Motion carried 7 to 0. Councilman Pedde stated that in the past the committee and commission made a recommendation to council on the selection of the individual from each committee. Council agreed to wait on any further appointments. Councilman Castro made the motion to appoint Gabriel Felder from the P&Z Commission to the UDC Committee. Motion was seconded by Councilman Garrett. For: Councilman Pedde, Garrett, Castro,Doty, Carlton,Hogue and Dunn; Against: None. Motion carried 7 to 0. Councilman Hogue made the motion to appoint Garth Coursen from the P&Z Commission to the UDC Committee. Motion was seconded by Councilman Pedde. For: Councilman Pedde, Garrett, Castro, Doty, Carlton, Hogue and Dunn; Against: None. Motion carried 7 to 0. Councilman Carlton made the motion to appoint Melvin Hicks to the UDC Committee. Motion was seconded by Councilman Castro. Mr.Hicks did not wish to serve on this committee and Councilman Carlton withdrew his motion. Councilman Garrett made the motion to appoint Steve Liparoto to the UDC Committee. Motion was seconded by Councilman Castro. For: Councilman Pedde, Garrett, Castro, Doty, Carlton, Hogue and Dunn; Against: None. Motion carried 7 to 0. Councilman Hogue made the motion to appoint Councilman Pedde as one of the two council ad hoc members to the UDC Committee. Motion was seconded by Councilman Dunn. For: Councilman Garrett, Castro, Doty, Carlton, Hogue and Dunn;Abstain:Councilman Pedde. Motion carried 6 to 1. Councilman Pedde made the motion to appoint Councilman Dunn as one of the two council ad hoc members to the UDC Committee. Motion was seconded by Councilman Hogue. For: Councilman Garrett, Castro, Doty, Carlton, Hogue and Pedde;Abstain:Councilman Dunn. Motion carried 6 to 1. B. Discussion/Action regarding the approval of the Final Re-plat of Pat-Tom Subdivision Cibolo Retail Center No. 1. Councilman Castro made the motion to approve the Final Re-Plat of Pat-Tom Subdivision Cibolo Retail Center No. 1. Motion was seconded by Councilman Carlton. For: Councilman Pedde, Garrett, Castro,Doty, Carlton, Hogue and Dunn; Against:None. Motion carried 7 to 0. C. Discussion/Action regarding the Preliminary Acceptance of Infrastructure for Heights of Cibolo Unit 4A. Councilman Doty made the motion to approve the Preliminary Acceptance of Infrastructure for Heights of Cibolo Unit 4A to include: Sanitary Sewer: 1,719 Lineal Feet with a valuation of$119,681.26; Drainage: Valuation of$81,880.71;Public Street: 1,719 Linear Feet with a valuation of$182,615.35; and Water (GVSUD): 1,719 Linear Feet with a valuation of $129,147.73. Motion was seconded by Councilman Carlton. For: Councilman Pedde, Garrett, Castro, Doty, Carlton, Hogue and Dunn;Against:None. Motion carried 7 to 0. D. Discussion/Action regarding the Preliminary Acceptance of Infrastructure for Heights of Cibolo Unit 4B. Councilman Carlton made the motion to approve the Preliminary Acceptance of Infrastructure for Heights of Cibolo Unit 413 to include: Sanitary Sewer: 1,031 Lineal Feet with a valuation of$68,569.29;Drainage:Valuation of$6,376.88;Public Streets: 1,031 Linear Feet with a valuation of $138,505.81; Water: (GVSUD): 324 Linear Feet with a valuation of $64,991.84. Motion was seconded by Councilman Doty. For: Councilman Pedde, Garrett, Castro, Doty, Carlton, Hogue and Dunn;Against:None. Motion carried 7 to 0. 4 E. Discussion/Action regarding the Preliminary Acceptance of Infrastructure for Turning Stone Unit E3. Councilman Castro made the motion to approve the Preliminary Acceptance of Infrastructure for Turning Stone Unit E3 to include: Sanitary Sewer: 1,299 Linear Feet with a valuation of$142,014.05;Drainage: 1,349 Lineal Feet with a valuation of $188,642.25;Public Street: 2,334 Lineal Feet with a valuation of$336,451.10;Water(GVSUD): 2,376 Lineal Feet with a valuation of$169,052.00. Motion was seconded by Councilman Carlton. For: Councilman Pedde, Garrett, Castro,Doty, Carlton,Hogue and Dunn;Against:None. Motion carried 7 to 0. F. Presentation/Discussion from the President of the Economic Development Corporation on Cibolo EDC Project Updates. Mr.Jackson,President of the Economic Development Corporation gave a presentation on projects and businesses that have come into the City or expanded plus businesses that are looking at Cibolo for possible development. Mr.Jackson along with Mayor Jackson and City Manager Herrera gave a award for service to the EDC to Ed Director Mark Luft and City Secretary Cimics. G. Discussion/Action on the adoption of the 2014 Drought Contingency Plan. Councilman Pedde moved to approve the 2014 Drought Contingency Plan using the CRWA triggers. Motion was seconded by Councilman Dunn. For: Councilman Pedde, Garrett, Castro, Doty, Carlton, Hogue and Dunn; Against: None. Motion carried 7 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. Council went over the calendar for April and May 2014. 12. Resolution A. Approval/Disapproval of a Resolution amending the Investment Policy of the City of Cibolo and appointing the City's Investment Officers. Councilman Carlton made the motion to approve the Resolution amending the Investment Policy of the City of Cibolo and appointing the City's Investment Officers. Motion was seconded by Councilman Dunn. For: Councilman Pedde, Garrett, Castro,Doty,Carlton,Hogue and Dunn;Against:None. Motion carried 7 to 0. 13. City Council request(s)regarding specific items to be scheduled for future agendas. Councilman Pedde requested an update on bonds and on expenses of the Bentwood Ranch Lawsuit. Councilman Doty would like to see a workshop on a plan for FM 1103 due to the congestion and traffic. 14. Adjournment: Councilman Hogue made the motion to adjourn the meeting at 9:08 p.m. Motion was seconded by Councilman Carlton. For: All;Against:None. Motion carried 7 to 0. PASSED AND APPROVED THIS 13TH DAY OF MAY 2014. 4QX04A�- Lisa M.Jackson-) Mayor ATTEST `/ ZLI�y9 Peggy Cimics,TRMC City Secretary 14W 5