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Min CC 10/22/2013 y OF C/@ V r �O rf X Ar' -City of Choice" City Council Meeting CIBOLO MUNICIPAL BUILDING 200 S. MAIN October 22, 2013 7:00 P.M. MINUTES 1. Call to Order—Meeting was called to order by Mayor Hartman at 7:00 p.m. 2. Roll Call — Council: Mayor Hartman, Councilman Pedde, Councilman Troncoso, Councilman Castro, Councilwoman Hale, Councilman Carlton, Councilman Liparoto and Councilman Hicks; Staff Present: City Manager Herrera, City Attorney Banks, City Secretary Cimics, Finance Director Miranda, ED Director Luft, Public Works Director Fousse,Fire Chief Niemietz,Police Chief Cox and Development/Planning Stricken 3. Invocation—Councilman Carlton gave the invocation. 4. Pledge of Alle i0ance—All in attendance recited the Pledge of Allegiance. 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 individuals signed up to be heard: Maggie Titterington from the Schertz Chamber informed the council that there would be no luncheon for the month of November. Reminded everyone about Meet the Candidate Night on Thursday between 6-8:30 p.m. William Vogel of 306 Irwin Way stated that he was a 7 year resident of the City and felt that he should have a say in the recall of the City Council as they were all voted on at large. Mr. Vogel felt that the District Representatives should of held district meetings and listen to the voice of those in their respective districts.Andre Larkins of 325 Golden Bear Dr.realized that the City is transitioning into districts but had a few questions on how the districts where formed and how each Councilmember was placed into each district. Jerry Jarnagan of 116 Cibolo Tolle Dr. stated that citizens need to be more informed on what is going on in the City. The City needs to work on communications. 6. Public Hearing A. The City of Cibolo City Council will hold a Public Hearing to hear public testimony concerning a request to allow a Conditional Use Permit(CUP)for property located at 3929 Cibolo Valley Drive,#200 Mayor Hartman opened the Public Hearing at 7:46 p.m. Dr. Martin one of the owners of the property explained to council the use of the facility. No citizens wish to be heard and the Mayor closed the Public Hearing at 7:50 p.m. 1 7. Consent Agenda—Consent Items(General Items) A. Approval of the minutes of the Regular City Council Meeting held on October 7,2013. Councilman Liparoto moved to approve the consent agenda. Motion was seconded by Councilman Pedde. For: Council Members: Pedde,Troncoso,Castro,Hale,Carlton,Liparoto and Hicks; Against: None. Motion carried 7 to 0. 8. Staff Updates/Discussion A. Parks Department B. Drainage Department C. Street Department D. Utility Department E. Administration No additional information was provided by the Departments. 9. Discussion/Action A. Discussion/Action and considering authorizing the City Manager to execute a Memorandum of Understanding with the City of Schertz and Cibolo Municipal Authority regarding the Southern Schertz Wastewater Reclamation Plant. This item was briefed by the City Manager Herrera along with Mr.Breadswall from Schertz,Mr.Ellis from CCMA,Bond Council Mr.Benson and Mr.Freeman. After some discussion with council Councilman Hicks made the motion to move forward with the project. Motion was seconded by Councilman Troncoso. For: Council Members: Pedde,Troncoso, Castro,Hale,Carlton,Liparoto and Hicks;Against:None. Motion carried 7 to 0. B. Discussion/Action and considering authorizing the City Manager to execute a waiver of conflict letter with the City's Bond Council,Norton Rose Fulbright,in reference to the proposed project between the Cibolo Creek Municipal Authority,the City of Schertz and the City of Cibolo to finance and construct a regional wastewater reclamation plant. Councilman Troncoso made the motion to authorize the City Manager to execute a waiver of conflict letter with the City's Bond Council,Norton Rose Fulbright,in reference to the proposed project between the Cibolo Creek Municipal Authority,the City of Schertz and the City of Cibolo to finance and construct a regional wastewater reclamation plant.Motion was seconded by Councilman Pedde. For: Council Members: Pedde, Troncoso, Castro,Hale, Carlton,Liparoto and Hicks;Against:None. Motion carried 7 to 0. C. 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'), Charter Review Committee and Cibolo Economic Development Corporation. Councilman Carlton made the motion to appoint Daniel Cosner and Mark Rightnour to the Street and Drainage Commission. Motion was seconded by Councilman Liparoto. For: Council Members: Pedde, Troncoso,Castro,Hale,Carlton,Liparoto and Hicks;Against:None. Motion carried 7 to 0. D. Discussion/Action on Ordinance 830, Section 608.035 Animal Waste. This item was brought up due to pet owners not following the ordinance or perhaps not knowing that the City has a ordinance in place addressing this issue. Chief Cox did brief this item and informed the council that in order for his officers to issue a citation they must see the violation occur. Councilman Pedde suggested that perhaps the individuals that have gone through the Police Academy could help in the enforcement of the 2 ordinance. Chief Cox stated that he would look into this with the prosecutor to see if that was even an option the City could use. Councilman Pedde also suggested possible more signage especially in the parks and maybe putting it on the web site,utility bills and newsletters to better inform the community. E. Discussion/Action and approval/disapproval of the Final Plat of Cibolo Vistas Unit 4. Councilman Troncoso made the motion to approve the Final Plat of Cibolo Vistas Unit 4. Motion was seconded by Councilman Pedde. For: Council Members: Pedde, Troncoso, Castro, Hale, Carlton, Liparoto and Hicks;Against:None. Motion carried 7 to 0. F. Discussion/Action and approval/disapproval of the amended Final Plat of Heights of Cibolo Unit 4A. Councilman Liparoto made the motion to approval the amended Final Plat of Heights of Cibolo Unit 4A. Motion was seconded by Councilman Troncoso. For: Council Members: Pedde, Troncoso, Castro, Hale, Carlton,Liparoto and Hicks; Against:None. Motion carried 7 to 0. G. Discussion/Action and authorization for the City Manager to execute the Emergency Medical Services Inter- Local Agreement with the City of Schertz EMS. Councilman Liparoto moved to authorize the City Manager to execute the Emergency Medical Services Inter- Local Agreement with the City of Schertz EMS. Motion was seconded by Councilman Pedde. For: Council Members:Pedde,Troncoso, Castro,Hale, Carlton,Liparoto and Hicks;Against:None. Motion carried 7 to 0. H. Discussion/Action and approval of the Cibolo Volunteer Fire Department Contract for fiscal year 2013/2014. Councilman Hicks made the motion to approve the Cibolo Volunteer Fire Department Contract for fiscal year 2013/2014. Motion was seconded by Councilman Carlton. For: Council Members: Pedde,Troncoso,Castro, Hale,Carlton and Hicks; Against:None; Abstain: Councilman Liparoto. Motion carried 6 to 0 with one abstention. I. Discussion/Action and authorization for the City Manager to enter into a 10 year lease with Crystal Clear Water Service Corporation for 741 acre feet of surplus water. Councilman Pedde made the motion to authorize the City Manager to enter into a 10 year lease with Crystal Clear Water Service Corporation for 741 acre feet of surplus water.Motion was seconded by Councilman Hicks. For: Council Members:Pedde,Troncoso,Castro,Hale, Carlton,Liparoto and Hicks; Against:None. Motion carried 7 to 0. J. Discussion/Action and considering authorizing the City Manager to confer with the Texas Department of Transportation(TXDot)in submitting mobility grant application to the San AntonioBexar County Metropolitan Planning Organization for the future extension of FM 1103 to SH 78 and to consider authorizing a future commitment of funds,right of way acquisition and a maintenance commitment from the City,in furtherance of obtaining a 20 percent funding match from the TXDot. Councilman Pedde made the motion to authorize the City Manager to confer with TXDot in submitting a mobility grant application to the San AntonioBexar County MPO. Motion was seconded by Councilman Troncoso. For: Council Members:Pedde,Troncoso,Castro,Hale, Carlton,Liparoto and Hicks;Against: None. Motion carried 7 to 0. K. 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 discussed the calendar for Oct and Nov 2013. Council made the following changes to the calendar. The regular scheduled meeting for Nov 12'b has been moved to Nov 14'h. There will still be a public hearing on Nov. 12 at 7:00 on annexations. On November 14'b a public hearing will be at 6:00 p.m. followed by the 3 canvassing of the ballots. The regular scheduled Council Meeting will start at 7:00 p.m. The second council meeting scheduled for November and December that is usually cancelled due to the holidays the decision to cancel will be left to the new council that will be elected on November 5'h. 10. Ordinances A. Approval/Disapproval of an Ordinance amending the Utility Fee Schedule of the City of Cibolo. Councilman Troncoso moved to approve an Ordinance amending the Utility Fee Schedule of the City of Cibolo. Motion was seconded by Councilman Pedde. For: Council Members: Pedde, Troncoso, Castro, Hale,Carlton,Liparoto and Hicks;Against:None. Motion carried 7 to 0. B. Approval/Disapproval of an Ordinance of the City of Cibolo amending Chapter 74, Section 74-98 of the Code of Ordinances by extending school zones adjacent to O.G. Wiederstein and Maxine and Luttrell Watts Elementary Campuses and providing for signage and a effective date. Councilman Castro moved to approve an Ordinance amending Chapter 74, Section 74-98 of the Code of Ordinances by extending school zones adjacent to O.G. Wiederstein and Maxine and Luttrell Watts Elementary Campuses and providing for signage and a effective date. Motion was seconded by Councilman Carlton. For: Council Members:Pedde,Troncoso, Castro,Hale,Carlton,Liparoto and Hicks; Against:None. Motion carried 7 to 0. C. Approval/Disapproval of an Ordinance of the City of Cibolo amending Section 74-87 of the Code of Ordinances authorizing the installation and maintenance of a No Stopping, Standing or Parking Zone, providing exceptions and providing for the issuance of permits on roadways adjacent to school crosswalks. Councilman Liparoto moved to approve an Ordinance amending Section 74-87 of the Code of Ordinances authorizing the installation and maintenance of a No Stopping, Standing or Parking Zone, providing exceptions and providing for the issuance of permits on roadways adjacent to school crosswalks. Motion was seconded by Councilman Castro. For: Council Members: Pedde, Troncoso, Castro, Hale, Carlton, Liparoto and Hicks; Against:None. Motion carried 7 to 0. D. Approval/Disapproval of an Ordinance of the City of Cibolo amending the 2012 Edition of the International Building Code, regulating and governing the conditions and maintenance of all property, buildings and structures. Councilman Troncoso made the motion to approve an Ordinance amending the 2012 Edition of the International Building Code, regulating and governing the conditions and maintenance of all property, buildings and structures. Motion was seconded by Councilman Hicks. For: Council Members: Pedde, Troncoso, Castro,Hale, Carlton,Liparoto and Hicks;Against:None. Motion carried 7 to 0. E. Approval/Disapproval of an Ordinance amending the 2012 Edition of the International Residential Code, regulating and governing the construction, alteration,replacement and repair of detached one and two family dwellings and multiple single family dwellings (Townhouses) not more than three stories in height with separate means of egress in the City of Cibolo. Councilman Troncoso made the motion to approve an Ordinance amending the 2012 Edition of the International Residential Code, regulating and governing the construction, alteration, replacement and repair of detached one and two family dwellings and multiple single family dwellings (Townhouses) not more than three stories in height with separate means of egress in the City of Cibolo. Motion was seconded by Councilman Castro. For: Council Members: Pedde, Troncoso, Castro, Hale, Carlton, Liparoto and Hicks; Against:None. Motion carried 7 to 0. 4 F. Approval/Disapproval of adopting a Residential Masonry Ordinance. This ordinance was discussed but must have a public hearing prior to council adopting. Item will be brought back at a later date. G. Approval/Disapproval of an ordinance to authorize the issuance of a Conditional Use Permit(CUP)to allow a Small Animal Hospital service at 3929 Cibolo Valley Drive, Suite 200, Cibolo,Texas. Councilman Liparoto moved to approve an ordinance to authorize the issuance of a Conditional Use Permit (CUP) to allow a Small Animal Hospital service at 3929 Cibolo Valley Drive, Suite 200, Cibolo, Texas. Motion was seconded by Councilman Carlton. For: Council Members: Pedde, Troncoso, Castro, Hale, Carlton,Liparoto and Hicks;Against:None. Motion carried 7 to 0. 11. Resolutions A. Approval/Disapproval of a Resolution by the City of Cibolo, approving financing with Wells Fargo Bank, N.A. for the Purchase of City Equipment. Council would like to see a Resolution that does not penalize the City if they paid the equipment off earlier than scheduled. Ms. Miranda will bring this item back to council at the meeting scheduled for November 14' 2013. 12. City Council request(s)regarding specific items to be scheduled for future agendas. ndas. None at this time. 13. Adjournment: Councilman Carlton moved to adjourn the meeting at 9:40 p.m. Motion was seconded by Councilman Hicks. For:All;Against:None. Motion carried 7 to 0. PASSED AND APPROVED THIS le DAY OF NOVEMBER 2013 CJ Jennife�man Mayor ATTEST //--e7 Peggy Cimics,TRMC City Secretary 5