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"City of Choice"
City Council Meeting
CIBOLO MUNICIPAL BUILDING
200 S. MAIN
July 23, 2013
7:00 P.M.
MINUTES
1. Call to Order—Mayor Hartman called the meeting to order at 7:04 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 Zech, City Secretary Cimics, ED Director Luft, Fire Chief
Niemietz, Public Works Director Fousse, Finance Director Miranda and Planning/Development
Services Director Stricken
3. Invocation—Invocation was given by Pastor Cory Webb.
4. Pledge of Allegiance—All in attendance recited the Pledge of Allegiance.
5. Public Hearing
A. The City of Cibolo City Council will hold a Public Hearing to hear testimony concerning the re-
platting of Lot 1 of Catalano's Casa Subdivision into three (3) lots. This property is located at the
northwest corner of North Main Street and Bee Alley.
Mayor Hartman opened the Public Hearing at 7:06 p.m. No citizen or council had any questions and
the Mayor closed the Public Hearing at 7:07 p.m.
B. The City of Cibolo City Council will hold a Public Hearing to hear public testimony concerning the
assignment of permanent zoning from Agricultural (AG) to Rural Single-Family (SF-1) for 5.02
acres of property located on Weidner Road annexed into Cibolo on July 9, 2013.
Mayor Hartman opened the Public Hearing at 7:07 p.m. Mr. Houseman wanted to make sure that
this property was not in the flood plan area. No other citizens wish to speak and the Mayor closed
the Public Hearing at 7:10 p.m.
6. Ordinance
A. Approval/Disapproval of an ordinance assigning permanent zoning to 5.002 acres annexed into the
City of Cibolo on July 9, 2013; located on Weidner Road east of Town Creek East, from the
Agricultural (AG) District to the Rural Single-Family Residential (SF-1) District to allow rural
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single family residential development, as permitted in the SF-1 Zoning District per the Development
Standards of that District.
Councilman Troncoso moved to approve the ordinance assigning permanent zoning to 5.002 acres
annexed into the City of Cibolo on July 9, 2013; located on Weidner Road east of Town Creek East,
from the Agricultural (AG) District to the Rural Single-Family Residential (SF-1) District to allow
rural single family residential development, as permitted in the SF-1 Zoning District per the
Development Standards of that District. Motion was seconded by Councilman Carlton. For:
Council Members: Pedde, Troncoso, Castro, Hale, Carlton, Liparoto and Hicks; Against: None.
Motion carried 7 to 0.
B. Approval/Disapproval of an ordinance authorizing the issuance of the City of Cibolo, Texas General
Obligation Bonds, Series 2013; 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.
Councilman Troncoso moved to approve an ordinance authorizing the issuance of the City of
Cibolo, Texas General Obligation Bonds, Series 2013; 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. Councilman Pedde seconded the motion. For: Council Members:
Troncoso, Castro, Hale, Carlton,Liparoto, Hicks and Pedde; Against: None. Motion carried 7 to 0.
7. Resolution
A. Approval/Disapproval of a resolution of the Cibolo City Council in support of the Cibolo Volunteer
Fire Department applying for a GVEC Power Up Grant.
Councilman Hicks moved to approve the resolution of the Cibolo City Council in support of the
Cibolo Volunteer Fire Department applying for a GVEC Power Up Grant. Motion was seconded by
Councilman Pedde. For: Council Members: Troncoso, Castro, Hale, Carlton, Pedde and Hicks;
Against:None; Abstain: Councilman Liparoto. Motion carried 6 to 0 with 1 abstain.
8. 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: Jennifer Schultes representing the Miss Cibolo
Scholarship Pageant. Ms. Schultes explained many of the events the girls have attended and represented
the City of Cibolo. Maggie Titterington from the Schertz Chamber went over a few activities going on
in the area and an update on the turn-around at 3009 and IH 35. Johnny Sutton former Mayor of Cibolo
spoke on the location of Wal-Mart the present zoning and property rights of the landowner. Jackie
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Bellamy wanted the council to reject the petition for recall and for Councilman Hicks to not vote on the
Wal-Mart issue if he is an employee of the company. Rip Woodward spoke on the C-3 zoning and that
the Falcon Ridge and Bentwood Ranch HOA's that represent 1600 homes have hired an attorney. Pat
O'Brien former councilman stated that council needed to work together. Melissa Espinales stated that
after attending the Open House she felt Wal-Mart was going to be coming to Cibolo. She would like to
see Wal-Mart work with those in the neighborhood. Ms. Espinales would also like to see if maybe the
size could be downsize to a neighborhood market and not be open 24/7. Leticia Espinales felt insulted
at the Open House as it was very difficult to ask questions or get an answer from anyone. Scott Mikos
stated that a Austin Study showed that there was a 400% increase in crime rate when a Wal-Mart is
built. Christie Bousselot wanted to know if a crime plan of action was going to be put in place and if
motor homes were going to be allowed in the parking lot. JC Dufresne spoke on the C-3/C-4 zoning.
Sandra Medlock spoke on the recall and that Mr. Hicks working for Wal-Mart should prevent him from
voting on issues involving Wal-Mart. Tannya Steffen spoke on an Environmental Impact Study and the
Cibolo land use thoroughfare map. Ms. Steffen also spoke against the recall petition.
9. Consent Agenda—Consent Items (General Items)
A. Approval of the minutes of the Regular City Council Meeting held on July 9, 2013.
B. Acceptance of the June 30, 2013 Check Register pending final acceptance of the City's financial
audit for the 2012/13 Fiscal Year.
C. Acceptance of the Revenue & Expense Report ending June 30, 2013 pending final acceptance of the
City's financial audit for the 2012/13 Fiscal Year.
D. Acceptance of the Quarterly Investment Report for the period ending June 30, 2013 pending final
acceptance of the City's financial audit for the 2012/13 Fiscal Year.
Councilman Carlton moved to approve the consent agenda. Motion was seconded by Councilman
Hicks. For: Council Members: Pedde, Troncoso, Castro, Hale, Carlton, Liparoto and Hicks;
Against: None. Motion carried 7 to 0.
10. Staff Updates/Discussion
A. Fire Department
B. Planning and Development Services Department
C. Court Department
D. Police Department
E. Public Works (Parks, Streets, Drainage &Utilities)
F. Administration
Mr. Herrera City Manager introduced the new HR Manager—Kristen Dunn.
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), Charter Review Committee and Cibolo
Economic Development Corporation.
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Councilman Castro moved to appoint Don Downey to the Parks 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. Councilman Liparoto moved to appoint Glen
Gonzalez to the Parks Commission effective August 2013. Motion was seconded by Councilman
Castro. For: Council Members: Pedde, Troncoso, Castro, Hale, Carlton, Liparoto and Hicks;
Against:None. Motion carried 7 to 0.
B. Discussion/Action of Catalano Casa's Preliminary/Final Re-plat of Lot 1.
Councilman Pedde moved to approve the Catalano Casa's Preliminary/Final Re-plat of Lot 1.
Motion was seconded by Councilman Troncoso. For: Council Members: Pedde, Troncoso, Castro,
Hale, Carlton, Liparoto and Hicks; Against: None. Motion carried 7 to 0.
C. Discussion/Action of Cibolo Vistas Unit 2C2 Final Plat.
Councilman Troncoso moved to approve the Cibolo Vistas Unit 2C2 Final Plat. Motion was
seconded by Councilman Hicks. For: For: Council Members: Pedde, Troncoso, Castro, Hale,
Carlton, Liparoto and Hicks; Against:None. Motion carried 7 to 0.
D. Discussion/Action of the Borgfeld Market Preliminary Plat.
Councilman Troncoso moved to approve the Borgfeld Market Preliminary Plat with the
understanding that the Traffic Impact Analysis (TIA) final approval will be obtained prior to
approval of the final plat. Motion was seconded by Councilman Pedde. For: Council Members:
Hicks, Carlton, Hale, Castro, Pedde and Troncoso; Against: Council Member Liparoto. Motion
carried 6 to 1.
E. Discussion/Action to consider authorizing the City Manager to execute a contract 2 f acres located
at 1846 Wiedner Road intersecting with FM 1103 in the amount of$350,000.00.
Councilman Carlton moved to authorize the City Manager to execute a contract 2 ± acres located at
1846 Wiedner Road intersecting with FM 1103 in the amount of $350,000.00. If the first choice
does not accept the City Manager has the authority to go to the second choice to execute a contract.
Motion was seconded by Councilman Hicks. For: Council Members: Pedde, Troncoso, Castro,
Hale, Carlton, Liparoto and Hicks; Against:None. Motion carried 7 to 0.
F. Discussion and direction to staff on the review of the Unified Development Code (UDC).
Councilwoman Hale requested that the UDC Committee reconvene to go over a few items in the
Unified Development Code (UDC).
G. Discussion and direction to staff of the City's Code Enforcement Office.
This item was pulled and will go back on a future agenda.
H. Discussion and direction to staff on the. codification of the City of Cibolo's ordinances with
Municipal Code Corporation.
The City Secretary informed the council that are six months codification is being completed at the
present time. It will take approximately 4 to 6 weeks for completion. Once this codification is
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completed the City will begin codifying ordinances on a monthly basis. Items not codified will be
placed immediately on the web site.
I. Update from staff on vandalism at City Parks.
Mr. Fousse,Public Works Director gave council a update on vandalism at all City Parks.
J. Discussion/Action to consider an ordinance limiting the hours of operation for businesses whose
property is located within 400 feet of an existing platted subdivision.
Council discussed item and decided that more research needed to be done. Council may want to
look at a workshop at a later date to discuss this item.
K. Discussion/Action on the Wal-Mart Traffic Impact Analysis.
Rudy Klein Cibolo City Engineer explained that his office has reviewed the Traffic Impact Analysis
(TIA) that was submitted with the preliminary plat. Some issues have already been addressed. He
has hired an independent Traffic Engineer (Joe Nix) to also review the TIA. Mr. Nix was present at
the meeting and did explain that his office was reviewing the analysis.
L. Discussion/Action and direction to the City Engineer on load limits and when limits can be imposed
on City streets when the City reaches 25,000 citizens.
Mr. Klein stated that when Cibolo Valley Drive was built it was design for 18 wheelers as it was
originally scheduled to go into the industrial area.
M. Discussion/Action on Safe Routes to school and the impact of the planned Wal-Mart.
Mr. Herrera, City Manager stated that he has monthly meetings with the School District and the
Superintendent and have discussed the impact of Wal-Mart and will continue to do so.
N. Discussion/Action on a review of the UDC to prevent a big box from ever being placed next to an
existing platted subdivision in the future and not to have subdivision from being built next to
existing big box.
This item will be added to the UDC Committee review.
O. Discussion on the slander and false accusations made against Councilman Hicks, Place 7.
Councilman Hicks address and council and all citizens in attendance on false comment that are
being said about him. He stated that he has children, grandchildren and great children and these
false accusations hurt his family. Pastor Cory Webb spoke on behalf of Councilman Hicks and
asked all citizens to be careful what they say especially on social media sites.
P. Discussion on the conduct of the City Council and the Mayor.
The item was tabled.
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Q. 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 July and August 2013.
12. Ordinances
A. Approval/Disapproval of an ordinance of the City Council amending Chapter 6 Alcoholic Beverages
of the Code of Ordinances to prohibit the sale of alcoholic beverages by a dealer whose business is
within 300 feet of a church, public or private school, or public hospital and creating permit fee
requirements applicable to the sale of alcoholic beverages in the City of Cibolo.
Council discussed this item and they would like to see a map with all daycare,private/public schools
and churches indicted. This item will come back to council at a future date for review.
13. Executive Session
City Council will adjourn into closed session pursuant to Texas Government Code Section 551.071
Consultation with Attorney:
A.To discuss the cease and desist letter and notice of intention to sue received from the Blakeley Law
Firm on behalf of litigation of Krickhahn Etc. Enterprises L.L.C.
Council convened into Executive Session at 8:17 p.m.
14. Open Session
Reconvened into Regular Session and take action or give direction, if necessary, on items discussed in
Executive Session.
Council reconvened into Regular Session at 8:34 p.m.
15. Adjournment
Prior to adjourning Councilman Carlton requested a update on the traffic calming measures for Green
Valley Loop on the agenda for August. Councilman Hicks moved to adjourn the meeting at 10:55 p.m.
Motion was seconded by Councilman Carlton. For: All; Against:None. Motion carried 7 to 0.
PASSED AND APPROVED THIS 13' OF AUGUST 2013.
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1Jei'fvetr�Hman -
Mayor
ATTEST
Peggy Cimics, TRMC
City Secretary
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