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Min CC 06/25/2013 f C . w, 0 r=�o �hpyppONiMpI TAX PS "City of Choice." City Council Meeting CIBOLO MUNICIPAL BUILDING 200 S. MAIN June 25, 2013 7:00 P.M. MINUTES 1. Call to Order -Mayor Hartman called the meeting to order at 7:06 p.m. 2. Roll Call — Mayor Hartman, Councilman Pedde, Councilman Troncoso (absent), Councilman Castro, Councilwoman Hale, Councilman Carlton, Councilman Liparoto and Councilman Hicks. Staff Present: City Manager Herrera, City Attorney Zech, City Secretary Cimics, Finance Director Miranda, Police Chief Cox, Fire Chief Niemietz, Public Works Director Fousse, ED Director Luft and City Planner Anderson 3. Invocation—Invocation was given by Councilman Castro 4. Pledge of Allegiance—All in attendance recited the Pledge of Allegiance Mayor Hartman moved the executive session to follow 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 citizens signed up to be heard: Tony Mason of 2001 Green Valley Road who thanked everyone for the Green Valley Road completion and commended Tim Fousse for a great job. Sherick Watkins of 115 Still Brook Lane notified council of vandalism in Schlather Park and the lack of lightning in the area. 6. Presentation A. Five Year award to Cindy Nemec, Police Department Clerk.—Will be presented at the July 9th meeting. B. Presentation from Schertz EMS. —Schertz EMS presented three members of the Cibolo Fire Department with a certificate and medal for helping with the delivery of a baby. 7. Consent Agenda—Consent Items (General Items) A. Approval of the minutes of the Regular City Council Meeting held on June 11, 2013. 1 B. Approval of the minutes of the Council Public Hearing/Workshop held on June 13, 2013. C. Acceptance of the May 31, 2013 Check Register pending final acceptance of the City's financial audit for the 2012/13 Fiscal Year. D. Acceptance of the Revenue & Expense Report ending May 31, 2013 pending final acceptance of the City's financial audit for the 2012/13 Fiscal Year. Councilman Carlton made the motion to approve the consent agenda. Motion was seconded by Councilwoman Hale. For: Council Members: Pedde, Castro, Liparoto, Hicks, Hale and Carlton; Against:None. Motion carried 6 to 0. 8. Staff Updates/Discussion A. Parks Department B. Street Department C. Drainage Department D. Utility Department E. Police Department F. Administration Mr. Herrera briefed council on the City's ISO rating. This ISO rating was for the Building Codes qualifications and inspections. Residential rating went from a 7 in 2008 to a 4 for 2012 and commercial ratings went from a 6 in 2008 to a 3 in 2012. 9. 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. No action taken at this time. B. Discussion/Action requested approval of the Land Study of Saddle Creek Ranch Units 5-9. Councilman Liparoto moved to approve the Land Study of Saddle Creek Ranch Units 5-9 with the following conditions: A. A TIA must be approved by TxDOT & City Engineer. Improvements required by the TIA shall be phased in accordance with a traffic improvement phasing plan that will be approved as a part of the TIA and match the overall phasing and build out of the project. B. A Rough Proportionality Analysis assessing developer traffic improvement obligations and responsibilities shall be approved by the City Engineer. C. A Stormwater Management Plan demonstrating compliance with the UDC shall be approved by the City Engineer. D. The developer shall request that the City of Cibolo explore the possibility of providing water service to this development. E. The entirety of this development shall be annexed and rezoned to SF-3. F. The 2 City will accept fees in lieu of parkland dedication and parkland improvement fees in lieu of park improvements. Motion was seconded by Councilman Hicks. For: Council Members: Pedde, Castro, Hale,Hicks, Carlton and Liparoto; Against:None. Motion carried 6 to 0. C. Discussion on an ordinance to prohibit parking of campers, boats,trailers, RVs, motor homes,buses in driveways or front yards of residential neighborhoods for more than 48 hours. Staff will work with legal to bring this item back at a later date with options the council may look at on this issue. D. Discussion and direction to staff on the safety options for Deer Creek Blvd. Chief Cox discussed with council several different options to include bike lanes, signage near crosswalks, flashing lights,road markings,no parking or no parking on one side of street and sight distance signs. Staff will try and meet with the HOA in Deer Creek to go over some of these issues. E. Discussion and direction to staff on Texas Historical Commission Main Street Program. This item was discussed by Councilman Hicks. He stated that other cities have taken advantage of this Main Street Program and it has worked for them. The application is due NLT July 31, 2013 and he felt that Cibolo should complete the application process to become part of the Program and be considered for a possible grant. Staff indicated that they will complete the application. Mr. Hicks stated that he would try and get someone to come to the council meeting to address the Main Street Program. F. 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 June and July 2013. 10. Ordinance A. Approval/Disapproval of an ordinance amending the zoning classification of certain properties located in the Development referenced as Knight's Crossing Planned Unit Development from the Neighborhood Commercial (C-1) to the Planned Unit Development (PUD) District to allow a mixed use development comprised of two acres designated for uses permitted in the Neighborhood Commercial (C-1) District and eighteen (18) acres of uses permitted in the Multi-Family (MF-2) District. Councilman Pedde moved to approve the ordinance amending the zoning classification of certain properties located in the Development referenced as Knight's Crossing Planned Unit Development from the Neighborhood Commercial (C-1)to the Planned Unit Development(PUD) District to allow a mixed use development comprised of two acres designated for uses permitted in the Neighborhood Commercial (C-1) District and eighteen (18) acres of uses permitted in the Multi-Family (MF-2) District. Motion was seconded by Councilman Hicks. For: Council Members: Castro, Carlton, Hale, Liparoto, Hicks and Pedde; Against:None. Motion carried 6 to 0. B. Approval/Disapproval of an ordinance amending Chapter 74 (Traffic and Vehicles) of the Code of Ordinances by establishing a speed zone for portions of Green Valley Road located within the City of Cibolo. 3 Councilman Carlton moved to approve an ordinance amending Chapter 74 (Traffic and Vehicles) of the Code of Ordinances by establishing a speed zone for portions of Green Valley Road located within the City of Cibolo. Motion was seconded by Councilman Castro. For: Council Members: Pedde,Hale, Liparoto, Hicks, Carlton and Castro; 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 and agreement. B. Pursuant to Texas Government Code Section 551.071 the City Council will deliberate and discuss the litigation of"Shelby Koehler, et al v. City of Cibolo"to include a possible Settlement Agreement. City Council convened into Executive Session at 7:08 p.m. 12. Open Session Council reconvened into Open Session at 8:12 p.m. A. Reconvene into Regular Session and discuss and take action on the approval/disapproval of a Resolution adopting a program under Texas Local Government Code Chapter 380; and authorizing the City Manager to execute an agreement made pursuant to Texas Local Government Code Chapter 380 with Wal-Mart Real Estate Business Trust, regarding the grant of certain tax rebates relating to the development of approximately 22.15 acres located at the southwest corner of the intersection of Borgfeld Road and North Main as Retail Development. Councilman Hicks moved to approve the resolution adopting a program under Texas Local Government Code Chapter 380; and authorizing the City Manager to execute an agreement made pursuant to Texas Local Government Code Chapter 380 with Wal-Mart Real Estate Business Trust, regarding the grant of certain tax rebates relating to the development of approximately 22.15 acres located at the southwest corner of the intersection of Borgfeld Road and North Main as Retail Development. Motion was seconded by Councilman Liparoto. For: Council Members: Pedde, Castro, Hale, Carlton, Liparoto and Hicks; Against: None. Motion carried 6 to 0. B. Reconvene into Regular Session and discuss and take action on the approval/disapproval of a Settlement Agreement of a case styled"Shelby Koehler, et al v. City of Cibolo". Councilman Liparoto moved to approve the Settlement Agreement of a case styled"Shelby Koehler, et al v. City of Cibolo". Motion was seconded by Councilman Hicks. For: Council Members: Pedde, Castro,Hale, Carlton, Liparoto and Hicks; Against: None. Motion carried 6 to 0. 13. Cily Council request(s)regarding specific items or staff reports to be scheduled for future agendas. Councilman Pedde requested a discussion on the codification of the ordinances with Municipal Code. Councilman Carlton would like an update on vandalism at Schlather Park. Councilwoman Hale requested a UDC review. Mayor Hartman wanted a discussion on Code Enforcement issues. 4 14. Workshop -Council will adjourn the regular Council Meeting and go into a workshop to discuss the Charter Comprehensive Summary as presented by the Charter Review Commission. Council did not have a workshop at this time. 15. Adjournment: Councilman Hicks moved to adjourn the meeting at 9:39 p.m. Motion was seconded by Councilman Carlton. For: All; Against:None. PASSED AND APPROVED THIS 9'DAY OF JULY 2013. iennif artman Mayor ATTEST: Peggy Cimics City Secretary 5