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Min CC 05/28/2013 - < u r x_O � l = * a * T£X AS "City of Choice" City Council Meeting CIBOLO MUNICIPAL BUILDING 200 S. MAIN May 28, 2013 7:00 P.M. MINUTES 1. Call to Order—Mayor Hartman called the meeting to order at 7:00 p.m. 2. Roll Call — Present: 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, Finance Director Marquez, ED Director Luft, Public Works Director Fousse,Fire Chief Niemietz and Comm. Ser.Director Stricken 3. Invocation—Invocation was given by Councilman Carlton 4. Pledge of Allegiance—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: Randy Chard of 813 Laserra in Turning Stone spoke to Council on HOA property overgrown and promises of playground and other facilities. Al Gillen of 232 Anvil Place spoke during item 10k on water restrictions. Brent Hartman of 136 Earhart Lane spoke at item IOJ concerning rental registration. Ray Martinez from Merit age Homes spoke during l OH on masonry requirements. Ann Lueb of 205 Oak Creek Drive had a PowerPoint for the council on safety concerns on Deer Creek Blvd. Duane Frey of 209 Country Vale in Cibolo Vista Subdivision spoke on speed control problems and construction vehicles in the subdivision. Jay Hogue of 330 Notchleaf also spoke on item 10J Rental Property stating that he thought something needed to be done due to the number of rental properties in the area. JC Dufresne Of 141 Lindy Hills talked about a resolution and SB346. 6. Public Hearing A. The City of Cibolo City Council will hold a Public Hearing to hear testimony concerning a request for the rezoning of 20.0 acres of real property immediately north of 1103 and immediately west of Cibolo Valley Ranch from the Neighborhood Commercial (C-1) district to the Planned Unit Development Commercial(C-1). Mayor Hartman opened the Public Hearing at 7:19 p.m. No one spoke and the Public Hearing was closed at 7:19 p.m. 1 7. Presentation Presentation by the City Manager of service awards to employees of the City with five years of service. City Manager Herrera presented David Koepp, Utility Crew Leader and Roger Niemietz, Fire Chief with a five year certificate of appreciation. 8. Consent Agenda—Consent Items(General Items) A. Approval of the minutes of the Regular City Council Meeting held on May 14,2013. B. Approval of the minutes of the Council Workshop held on May 14,2013. C. Approval of the minutes of the Council Budget Workshop held on May 20,2013. D. Acceptance of the name change from Blanton Development on previously Preliminary Plan approval for The Enclave at Turning Stone Units N1-N4 which now will be known as "Mesa at Turning Stone,Units 1-4 and final plat approved for The Enclave at Turning Stone Unit N1 to"Mesa at Turning Stone Unit 1". E. Acceptance of the April 3 0,2013 Check Register pending final acceptance of the City's financial audit for the 2012/13 Fiscal Year. F. Acceptance of the Revenue & Expense Report ending April 30, 2013 pending final acceptance of the City's financial audit for the 2012/13 Fiscal Year. Councilman Hicks moved to approve the consent agenda. Motion was seconded by Councilman Carlton. For: Council Members: Pedde, Troncoso,Hale,Liparoto, Castro and Hicks;Against:None. Motion carried 7 to 0. 9. Staff Updates/Discussion A. Parks Department B. Street Department C. Utility Department D. Police Department E. Administration City Secretary gave a update to council on the use of the Multi-Event Center and Records Request. 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(CIP), Charter Review Committee and Cibolo Economic Development Corporation. The City Secretary informed the council that all members of the Board of Adjustments would need to be re- appointments or replace as their time on the Commission has expired. Ms. Cimics will contact each individual to find out if they are still wanting to serve and will bring those appointments back to the next meeting. Three members of the Economic Dev. Corp are also up for reappointment. Mr. Peacock and Ms. Heasley have requested another term. The third member will be address at the next council meeting. Councilman Castro moved to reappointment David Peacock and Kara Heasley to the Economic Development 2 Corporation. Motion was seconded by Councilman Liparoto. For: Council Members: Pedde, Troncoso, Hale,Carlton,Hicks,Castro and Liparoto;Against:None. Motion carried 7 to 0. B. Discussion/Action for the Preliminary Acceptance of Landmark Pointe Unit One. Councilman Troncoso moved to approve the Preliminary Acceptance of Landmark Pointe Unit One. Motion was seconded by Councilman Pedde. For: Council Members: Castro, Hale, Carlton, Liparoto, Pedde and Troncoso;Against:None. Motion carried 7 to 0. C. Discussion/Action regarding the conditions of Final Plat approval for Landmark Pointe Unit One Public Infrastructure. Councilman Pedde moved to approve the conditions of Final Plat approval for Landmark Pointe Unit One Public Infrastructure.Motion was seconded by Councilman Liparoto. For: Council Members: Troncoso, Castro,Hale, Carlton,Hicks,Pedde and Liparoto; Against:None. Motion carried 7 to 0. D. Discussion/Action and authorizing the City Manager to sign a Memorandum of Understanding with the City of Schertz for Water Purchase and Wastewater Transportation. Councilman Pedde moved to authorizing the City Manager to sign a Memorandum of Understanding with the City of Schertz for Water Purchase and Wastewater Transportation. Motion was seconded by Councilman Troncoso. For: Council Members: Castro, Hale, Carlton, Liparoto, Hicks, Pedde and Troncoso; Against: None. Motion carried 7 to 0. E. Discussion/Review/Consideration to accept the Petition and initiate the process to create the Tax Reinvestment Zone for 148 acres located at the northwest corner of South Main Street and Schaeffer Road as submitted by Michele C. Haussmann, Director of Planning and Development for Kaufman & Killen Law Firm. This item was tabled until the June I 1 regular Council Meeting. F. Discussion/Action to consider authorizing the City Manager to sign a Memorandum of Understanding with the Schertz Family YMCA Corporation to manage,market and promote the City's Multi-Event Center. Councilman Troncoso moved to authorize the City Manager working with the City Attorney and the attorney for the YMCA to negotiate a Memorandum of Understanding for the Schertz Family YMCA Corporation to manage,market and promote the City's Multi-Event Center. Memorandum will be sent to the EDC and sent back to council for approval. Motion was seconded by Councilman Carlton. For: Council Members: Pedde, Castro,Hale,Liparoto,Troncoso and Carlton;Against: Councilman Hicks. Motion carried 6 to 1. G. Receive the Comprehensive Summary of the City Charter from Mr.Hetzel, Chairman of the Charter Review Commission. Council received the Comprehensive Summary of the City Charter from Mr.Hetzel, Chairman of the Charter Review Commission. Council will setup a Workshop to go over the summary. H. Discussion and direction to staff on the masonry requirement for homes in the City of Cibolo. Council discussed this issue and a couple of individuals spoke on this issue during the citizens to be heard area of the agenda. Council has setup a Workshop to discuss the issue on June 25`h at 5:00 p.m. I. Discussion and direction to staff on a traffic study on FM 1103 and FM 78. The City Manager Mr.Herrera stated that the City and EDC will split the cost of a traffic counter on FM 78 to receive data on the number of vehicles passing thru the City. 3 J. Discussion and direction to staff on City Registration for rental property. Council discussed the issue but thought that this could be covered with more Code Enforcement. K. Discussion on the City of Cibolo Water Restriction Ordinance. Council discussed the Water Restriction Ordinance. City Manager Mr.Herrera stated that he would remind all staff members if they see a water violation to report it. L. 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. Set a Workshop for June 25t` to discuss the masonry requirements. Still need to find a date for a Workshop to go over the Charter Review Commission Summary. 11. Ordinance A. Approval/Disapproval of an ordinance of the City of Cibolo declaring amendments to the City of Cibolo Home Rule Charter to be adopted; and providing for related matters. Councilman Castro moved to approve the ordinance of the City of Cibolo declaring amendments to the City of Cibolo Home Rule Charter to be adopted. Motion was seconded by Councilman Pedde. For: Council Members: Troncoso,Hale, Carlton,Liparoto,Hicks,Castro and Pedde;Against:None.Motion carried 7 to 0. B. 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. This item was tabled until June 11ffi Council Meeting. 12. Executive Session City Council will adjourn into closed session pursuant to Texas Government Code Section 551.071 Consultation with Attorney, Sec. 551.071 Real Property and Sec. 551.071Personnel Manners: A. To discuss the litigation of"Shelby Koehler, et al.v. City of Cibolo. B. To discuss the possible sale/lease of City property located in Garden Ridge,Texas. C. The City Managers Annual Review. The City Council convened into closed session at 9:34 p.m. 13. Open Session Reconvene into Regular Session and take action/or give direction, if necessary, on items discussed in Executive Session The City Council reconvened into regular session at 11:45 p.m. Councilman Liparoto moved to approve a 3% pay increase effective immediately for the City Manager. Motion was seconded by Councilman Troncoso. For: Council Members: Pedde, Castro, Hale, Carlton, Hicks, Troncoso and Liparoto; Against: None. Motion carried 7 to 0. 4 14. City Council request(s)regarding_specific items or staff reports to be scheduled for future agendas. Councilwoman Hale requested an item on the agenda about the 45 mph speed limit on FM 1103. Councilman Carlton requested an item on Deer Creek and Cibolo Vista as brought up by citizens at today's meeting. 15. Adjournment: Councilman Liparoto moved to adjourn the meeting at 11:48 p.m. Motion was seconded by Councilman Carlton. For: All;Against:None. Motion carried 7 to 0. PASSED AND APPROVED THIS 11TH DAY OF JUNE 2013. Jennifer Hartman Mayor ATTEST ` Peggy Cimics,TRMC City Secretary 5