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Min CC 07/09/2013 J 0 F C./0 q 0 r o 11 X s -Ctry of Choice' City Council Meeting CIBOLO MUNICIPAL BUILDING 200 S.MAIN July 9,2013 7:00 P.M. MINUTES 1. Call to Order—Meeting was called to order by Mayor Hartman at 7:00 pm. 2. Roll Call— Council Present: Mayor Hartman, Councilman Troncoso, Councilman Castro, Councilwoman Hale, Councilman Carlton, Councilman Liparoto and Councilman Hicks; Council Absent: Councilman Pedde; Staff Present: City Manager Herrera, City Attorney Erkan, City Secretary Cimics, Fire Chief Niemietz, Police Chief Cox,Public Works Director Fousse,ED Director Luft and Planning/Development Service Director Stricker 3. Invocation—Invocation was given by Councilman Castro 4. Pledge of Allegiance—All in attendance recited the Pledge of Allegiance 5. Presentation A. Five Year award to Cindy Nemec,Police Department Clerk. Mr. Herrera, City Manager presented Cindy Nemec Police Clerk with a five year award for faithful and dedicated service to the Cibolo Police Department and the City of Cibolo. 6. 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: Matthew Dawson spoke concerning item 11 and wanting the 380 Agreement to come back to council for final approval. Rip Woodward also spoke on item 11 and also wanted Wal-Mart to meet with the homeowners,have an independent traffic study done, and to have no truck traffic thru the Bentwood Ranch Subdivision. Desiree Johnson spoke on property values and children safety if Wal-Mart built on the Cibolo Valley site. Michele Elmore spoke on moving Wal-Mart to a different location in the City. Dacne Brooks spoke if a Wal-Mart was built at Cibolo Valley Drive there would be more traffic endangering children safety. Mimi Garza-Enriquez spoke on Wal-Mart being moved to a location closer to FM 78. JC Dufresne wanted council to retract authority given to the City Manager to sign and negotiate with Wal-Mart.Gina Turner stated that Falcon Ridge Subdivision did a survey of the 781 home in their area and the majority of homeowners did not want Wal-Mart at this location.Karina Hill talked about the sale of alcohol near a school and the safety of the children walking to and from school. Catherine Benecke wanted the council to set a moratorium on Wal-Mart for 120 days. S. DeSola wanted a change of location for Wal-Mart. Tannya Steffin wanted council to reconsider sole authority given to City Manager rescinded and have final agreement come back to council for approval. Andre Larkin's ask about incentives. Joel Hicks need businesses in City may not be ideal location let City Manager finish dealing with Wal-Mart. 7. Consent Agenda—Consent Items(General Items) A. Approval of the minutes of the Council Workshop held on June 25,2013. 1 B. Approval of the minutes of the Regular City Council Meeting held on June 25,2013. Councilwoman Hale moved to approve the consent agenda. Motion was seconded by Councilman Hicks. For: Council Members: Troncoso, Castro,Hale, Carlton,Liparoto and Hicks; Against:None. Motion carried 6to0. 8. 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. Councilman Hicks made the motion to remove Mr. Del Rio from the Parks Commission. Motion was seconded by Councilman Liparoto. For: Council Members: Troncoso, Hale, Castro, Liparoto and Hicks; Against: Councilman Carlton. Motion carried 5 to 1. Council also interviewed two individuals for a position on the Parks Commission. Council will bring this appointment back to the next council meeting. B. 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 reviewed the calendar for July 2013. 9. Ordinance A. Approval/Disapproval of an ordinance providing for the voluntary extension of the City of Cibolo,Texas city limits by the annexation of 10.10 acres of public right-of-way of FM 1103 between Weil Road and Weidner Road,the entire right-of-way of Brite Road,the right-of-way of Weil Road between FM 1103 and Brite Road, the right-of-way of Tolle Road between Weil Road and Cibolo Tolle Road; and the annexation of a 5.002 acre tract of property along the north side of Weidner Road approximately midway between FM 1103 and Town Creek Road. Councilman Troncoso moved to approve the ordinance providing for the voluntary extension of the City of Cibolo, Texas city limits by the annexation of 10.10 acres of public right-of-way of FM 1103 between Weil Road and Weidner Road, the entire right-of-way of Brite Road, the right-of-way of Weil Road between FM 1103 and Brite Road, the right-of-way of Tolle Road between Weil Road and Cibolo Tolle Road; and the annexation of a 5.002 acre tract of property along the north side of Weidner Road approximately midway between FM 1103 and Town Creek Road. Motion was seconded by Councilman Liparoto. For: Council Members:Troncoso,Castro,Hale,Carlton,Liparoto and Hicks;Against:None. Motion carried 6 to 0. B. Approval/Disapproval of an ordinance of the City of Cibolo, Texas amending Chapter 74 (Traffic and Vehicles) of the Code of Ordinances by establishing a speed zone for portions of FM 1103 located within the City of Cibolo. Councilman Liparoto moved to approve the ordinance of the City of Cibolo, Texas amending Chapter 74 (Traffic and Vehicles) of the Code of Ordinances by establishing a speed zone for portions of FM 1103 located within the City of Cibolo. Motion was seconded by Councilman Troncoso. For: Council Members: Castro,Carlton,Liparoto,Troncoso and Hicks; Against: Councilwoman Hale. Motion carried 5 to 1. 10. Resolution A. Approval/Disapproval of setting the time, date and location of a Public Hearing for the City Council of the City of Cibolo, Texas to solicit comments and testimony from any member of the public regarding amendments to the City of Cibolo Water, Wastewater,Drainage and Transportation Impact Fee Programs by adopting updated Land Use Assumptions, adopting and updated Capital Improvement Plan; revising the Impact Fee Service Area Boundaries and adopting a Water Impact Fee Study, a Wastewater Impact Fee 2 Study, a Drainage Impact Fee Study and a Transportation Impact Fee Study; and by amending the Water, Wastewater,Drainage and Transportation Impact Fees to be charged by the City of Cibolo. Councilman Troncoso moved to approve the setting of the time, date and location of a Public Hearing for the City Council of the City of Cibolo, Texas to solicit comments and testimony from any member of the public regarding amendments to the City of Cibolo Water, Wastewater, Drainage and Transportation Impact Fee Programs by adopting updated Land Use Assumptions, adopting and updated Capital Improvement Plan; revising the Impact Fee Service Area Boundaries and adopting a Water Impact Fee Study, a Wastewater Impact Fee Study,a Drainage Impact Fee Study and a Transportation Impact Fee Study; and by amending the Water, Wastewater, Drainage and Transportation Impact Fees to be charged by the City of Cibolo. Motion was seconded by Councilwoman Hale. For: Council Members:Troncoso, Castro,Hale,Carlton,Liparoto and Hicks;Against:None. Motion carried 6 to 0. 11. Executive Session A. Pursuant to Texas government code sections 551.087 and 551.071 deliberate and discuss an offer of a financial or other incentive to a business prospect the governing body seeks to have locate on property located on Cibolo Valley Drive between Main and Borgfeld and legal issues associated with the agreement. Council adjourned into Executive Session at 7:32 pm. 12. Open Session A. Reconvene into Regular Session and take action/or give direction,if necessary,on items discussed in Executive Session Council reconvened into Regular Session at 8:36 pm. Council Liparoto made the motion to have the City Manager continue to negotiate a 380 Agreement with Wal-Mart and to bring the final agreement back to council for approval. Motion was seconded by Councilman Carlton. For: Council Members: Troncoso, Castro,Hale,Carlton,Liparoto and Hicks; Against:None. Motion carried 6 to 0. 13. City Council request(s)regarding specific items or staff reports to be scheduled for future agendas. Councilman Liparoto wanted to make sure the two candidates for the Parks Commission would be back on the next agenda. 14. Adjournment: Prior to the end of the meeting Mayor Hartman thanked everyone for attending the meeting. Councilman Liparoto moved to adjourn the meeting at 8:58 pm. Motion was seconded by Councilman Carlton. For: All; Against:None. Motion carried 6 to 0. PASSED AND APPROVED THIS 23RD DAY OF JULY 2013 1� 'IfV mGv�� enmfer Hartman Mayor ATTEST: 0 Peggy Cimics City Secretary 3