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Min CC 04/08/2014 o f Cid J O U r O Tek A'S "City.of'Choice- City Council Meeting CIBOLO MUNICIPAL BUILDING 200 S.MAIN April 8,2014 7:00 P.M. MINUTES 1. Call to Order—Mayor Jackson called the meeting to order at 7:00 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, Public Works Director Fousse and Planner Gonzalez. 3. Invocation—Councilman Castro gave the Invocation. 4. Pledge of Allegiance—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. Maggie Titterington from the Schertz Chamber briefed council on upcoming events. Melvin Hicks spoke about the joint Council and P&Z Meeting held last Saturday and if people missed it,it was very informative. He also spoke about the lack of businesses in the Cibolo area. 6. Public Hearing A. The City of Cibolo City Council will hold a public hearing to receive public comment on the City of Cibolo 2014 Drought Contingency Plan. Mayor Jackson called the Public Hearing to order at 7:05 p.m. No citizens wish to speak and Mayor Jackson closed the Public Hearing at 7:05 p.m. 7. Proclamations A. Proclamation for Child Abuse Prevention Month. B. Proclamation for National Crime Victims'Rights Week,April 6-12,2014. C. Proclamation for Cibolo Safe Digging Month. D. Proclamation for National Sexual Assault Awareness and Prevention Month Mayor Jackson presented Proclamations to all the above groups. 1 8. Consent Agenda—Consent Items(General Items) A. Approval of the minutes of the Regular City Council Meeting held on March 25,2014. Councilman Carlton moved to approve the consent agenda. Motion was seconded by Councilman Dunn. For: Councilman Pedde, Councilman Garrett, Councilman Castro, Councilman Doty, Councilman Carlton, Councilman Hogue and Councilman Dunn;Against:None. Motion carried 7 to 0. 9. Staff Updates/Discussion A. Fire Department B. Court Department C. Community Development Services D. Economic Development Department E. Administration City Manager Herrera introduced Economic Development Director Luft's new assistant Josh Schneuker. Josh's title will be Cibolo Business Development Coordinator. Mr. Schneuker comes to us from the City of Schertz and has worked in the EDC field for approximately two years. With a background in GIS and mapping he will definitely be an asset to the EDC and the City of Cibolo. 10. 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 (CII'),Cibolofest Committee and Cibolo Economic Development Corporation. No appointments at this time. B. Discussion/Action on moving the Council Meeting from 7:00 p.m.to 6:00 P.M. Melvin Hicks also signed up to be heard during this item. Mr. Hicks stated that changing the meeting time was not the problem. Council meetings take too long and they send to much time on one subject and that no meeting should last longer than 9:30/10:00 p.m. He also stated that maybe a large clock to be used during citizens to be heard where citizens could see how long they talk would make a difference. This item was brought to the attention of council by citizens at the Council Meeting in March. All of the Commissions and Committee's meeting at 6:OOp.m.or 6:30 p.m.and this would make it easier for citizens to know the time for meetings in the City. Council discussed the ideal of changing the time and decided 6:30 p.m.would work for the council. Staff will bring an ordinance back to the next regular Council Meeting in April. C. Discussion/Action on adopting the 2014 Drought Contingency Plan for the City of Cibolo. Public Works Director Mr.Fousse stated that he found a few minor errors and that this item will be brought back to council at the next meeting. D. Discussion/Action on adopting an E-Mail Retention Policy for the City of Cibolo. Chief Cox briefed this item to council. The purpose of the Retention Policy is to provide guidance for the appropriate use of electronic mail or email and to bring forth general principles for the use of email. Chief Cox went over the policy,retention, responsibility and maintenance and recordkeeping requirements. E. Discussion/Action regarding a request from Alamo Fireworks to construct and operate a fireworks store within the City of Cibolo's extra territory jurisdiction along the S.H.78 corridor. Council discussed the request for a variance from Alamo Fireworks. City Manager Herrera stated that Alamo Fireworks if granted a waiver would be agreeable to construct a building to include fire sprinklers, make parking lot improvements and meet the current Cibolo building code regulations. They also would pay a annual license fee, annual pay the value of the property taxes as if it were in the city limits,pay all appropriate sales taxes for items sold and willing to allow the fireworks store to be operated by non-profit or civic groups from Cibolo as a fundraiser. If request is granted our Attorney Office will 2 prepare the legal documents required and they will be brought back at a later date for approval. Councilman Hogue stated that he would like to have a Public Hearing for the public to give their opinion before council made a decision. F. Discussion and direction to staff concerning regulating the use of plastic bags within the City of Cibolo. Mr. Bob Hicks had signed up to be heard on this item. He passed out a flyer containing information about reusable shopping bags that contain deadly food-borne pathogens. A vast majority of shoppers who re-use bags never clean them. Mr.Herrera gave a power point presentation on proposed regulation of single use carryout bags within Cibolo City Limits. Council direct staff to talk with HEB and Wal-Mart on the plastic bag issue. Council also suggested that staff inquire as to what Schertz is doing on this issue within their city limits. Staff will follow-up on this issue. G. Discussion on Cibolo property located on Borgfeld Road near Cibolo Valley Drive identified as parcel 148618 owned by Glenna Lagana&Debra Burdine. Councilman Castro stated that he had placed this on the agenda as certain citizens are make the accusation that his wife and mother-in-law before she passed away had purchased this property. Supposedly,they purchase the property when he found out about Wal-Mart building in Cibolo at that location. Councilman Castro stated that neither his wife nor mother-in-law knew or know the owners of this property. Councilman Castro stated that any citizen that have questions please call or e- mail he would be glad to answer any questions you may have. He asked that his family(wife and children)be left out of this type of rumors. Rumors hurt and his family does not deserve that. 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. 11. Ordinances A. Approval/Disapproval of an ordinance to on the voluntary annexation of approximately 1.62 acres of real property located north of the development known as Mesa at Turning Stone. Councilman Pedde moved to approve the ordinance on the voluntary annexation of approximately 1.62 acres of real property located north of the development known as Mesa at Turning Stone.Motion was seconded by Councilman Carlton. For: Councilman Pedde, Castro, Carlton, Hogue and Dunn; Against: Councilman Garrett and Councilman Doty. Motion carried 5 to 2. B. Approval/Disapproval of an ordinance to rezone an approximate 1.162 acres tract immediately north of Mesa at Turning Stone,east of FM 1103 and south of Orth Road,from Agricultural(AG)to the Single-Family Residential(SF-3)district. Councilman Pedde moved to approve an ordinance to rezone an approximate 1.162 acres tract immediately north of Mesa at Turning Stone, east of FM 1103 and south of Orth Road, from Agricultural (AG) to the Single-Family Residential (SF-3) district.Motion was seconded by Councilman Carlton. For: Councilman Pedde,Castro,Carlton,Hogue and Dunn;Against: Councilman Garrett and Councilman Doty. Motion carried 5 to 2. C. Approval/Disapproval of an ordinance to rezone a 14.851 acre tract immediately north of Mesa at Turning Stone,east of FM 1103 and south of Orth Road,from C-3(Retail/Office)to the Single-Family Residential(SF-3)district. Councilman Pedde moved to approve an ordinance to rezone a 14.851 acre tract immediately north of Mesa at Turning Stone,east of FM 1103 and south of Orth Road,from C-3 (Retail/Office)to the Single-Family Residential(SF-3)district. For: Councilman Pedde, Castro, Carlton, Hogue and Dunn; Against: Councilman Garrett and Councilman Doty. Motion carried 5 to 2. D. Approval/Disapproval of an ordinance regarding the granting of a Conditional Use Permit (CUP) to allow a self-storage facility on the east side of N.Main Street adjacent to the intersection of N.Main and Cibolo Valley Drive. Councilman Carlton moved to approve an ordinance regarding the granting of a Conditional Use Permit(CUP) to allow a self-storage facility on the east side of N.Main Street adjacent to the intersection of N.Main and Cibolo Valley Drive. For: Councilman Pedde,Garrett,Castro,Doty,Carlton,Hogue and Dunn;Against:None. Motion carried 7 to 0. 3 12. Resolutions A. Approval/Disapproval of a resolution opposing the permit application filed by Post Oak Clean Green,Inc in connection with a proposed landfill. Mr. Liparoto briefed council on the Post Oak Landfill and the possible threat to both the quality and long-term availability of groundwater if this landfill is built. Councilman Dunn made the motion to approve a resolution opposing the permit application filed by Post Oak Clean Green, Inc in connection with a proposed landfill. Motion was seconded by Councilman Hogue. For: Councilman Pedde, Garrett, Castro, Doty, Carlton, Hogue and Dunn; Against: None. Motion carried 7 to 0. B. Approval/Disapproval of a resolution repealing Resolution 1431 and creating a new resolution creating a Capital Improvements Advisory Committee. Councilman Pedde stated he would like to see a member of each district appointed to the Capital Improvement Advisory Committee. Council agreed and a new resolution with appropriate changes will be brought back to the next meeting. 13. City Council request(s)regarding specific items to be scheduled for future agendas. Councilman Hogue wants to have an updated Zoning Map on the next agenda. 14. Adjournment: Councilman Doty moved to adjourn the meeting at 8:50 p.m. Motion was seconded by Councilman Carlton. For:All;Against: None.Motion carried 7 to 0. PASSED AND APPROVED THIS 22ND DAY OF APRIL 2014. LA Lisa M.Jackson Mayor ATTEST: Peggy Cimics,TRMC City Secretary 4