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Min CC 02/26/2013 Of O/9 O LP O r PeXAs Y1fy of Choice" City Council Meeting CIBOLO MUNICIPAL BUILDING 200 S. MAIN February 26,2013 7:00 P.M. MINUTES 1. Call to Order—Meeting was called to order by Mayor Hartman at 7:00 PM 2. Roll Call — 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 Banks, City Secretary Cimics, Police Chief Cox, Fire Chief Niemietz, ED Director Luft, Public Works Director Fousse, Comm. Dev. Ser. Director Stricker and Planner Anderson. 3. Invocation—Invocation was given by Councilman Carlton 4. Pledge of Alle i�ance—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 citizens signed up to be heard: Judi Lapointe of 412 Dove Wing spoke to council and informed council that House Bill 1887 was filed today and thanked council for supporting the Home Buyers Protection Act. Bob Hicks of 245 Rio Vista Dr.wanted council to know that the public works crew removed tree trimmings from his home and they were very professional, courtesy and that the City has some excellent employees. Jennifer Schultes introduced the Miss Cibolo Scholarship Pageant winners and notified council that they received$10,000 in scholarships. Maggie Titterington of the Schertz Chamber thanked council for participating in the chamber luncheon event. Ms. Titterington also informed everyone that the chamber"Taste" event will be on March 21" and that tickets are on sale now at the chambers offices. Council was also informed on the school bond issue and on career technology that was offered at both Steele and Clemens High School. Janet Ahmad also thanked council on all the hard work that was done by this council in support of the Home Buyers Protection Act. 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 300 West Loop 539 to allow Minor Automobile Services. Mayor Hartman opened the Public Hearing at 7:11PM. No one spoke on the issue and the Public Hearing was closed at 7:12PM. 1 B. The City of Cibolo City Council will hold a public hearing to hear public testimony concerning the adoption of the 2013 Cibolo Unified Development Code (UDC) and Cibolo Design&Construction Manual to govern land development in the City of Cibolo and Cibolo ETJ. Mayor Hartman opened the Public Hearing at 7:12PM. No one spoke and the meeting was closed at 7:12PM. C. The City of Cibolo City Council will hold a public hearing to hear public testimony concerning a request to rezone 148.78 acres of real property south of FM 78, west of South Main Street, north of Schaeffer Road& east of Cibolo Creek from General Commercial (C-4) and FM 78 Overlay districts to Planned Unit Development(PUD)to allow a mixed use development comprised of uses allowed in the C-3,MF-2 and SF-3 zoning designations. Mayor Hartman opened the Public Hearing at 7:13PM. No citizens wish to speak and the Public Hearing was closed at 7:13PM. 7. Presentations A. Presentation from Alamo Area Council of Governments(AACOG)Executive Director Mr.Dean J.Danos. Mr. Dean Danos Executive Director of the Alamo Area Council of Governments briefed council on the organization and explained benefits of membership and many of the programs offered by the organization. Mr.Danos did stated that AACOG would like to come back and brief citizens especially the older citizens on programs that are designed to improve the quality of life for area seniors(60 years and over),individuals with disabilities and their caregivers. B. Presentation of certificates of appreciation to the members of the UDC Committee. Certificates were given to the members of the UDC committee for the many months spent on the UDC Proj ect. 8. Consent Agenda—Consent Items(General Items) A. Approval of the minutes of the Regular City Council Meeting held on February 12,2013. B. Approval of the minutes of the Council Workshop held on February 12,2013. C. Acceptance of the January 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 January 31, 2013 pending final acceptance of the City's financial audit for the 2012/13 Fiscal Year. E. Approval of the Green Valley Special Utility District Weil Road Booster Station 1 Preliminary/Final Plat. F. Approval of the Final Plat of Turning Stone Unit E-3. Councilman Castro moved to approve the consent agenda. Motion was seconded by Councilman Pedde. For: Council Members:Pedde,Castro,Hale,Carlton,Liparoto and Hicks;Against:None. Motion carried 6 to 0. 9. Staff Updates A. Street Department B. Utility Department C. Drainage Department 2 D. Parks Department E. Administration Department Mr. Herrera asked council to consider a Council Workshop on March 19`h to discuss 2008 Bonds and receive a report on the 2012 audit. 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. Councilman Carlton moved to appoint Mr. Gabriel Felder to the Planning and Zoning Commission. Motion was seconded by Councilman Hicks. For: Council Members: Pedde, Castro, Hale, Carlton, Liparoto and Hicks;Against:None. Motion carried 6 to 0. B. Discussion/Action on the Final Plat for the Enclave of Turning Stone,Unit N-2. Councilman Pedde moved to approve the Final Plat for the Enclave of Turning Stone, Unit 2 with the condition that the Private Street Agreement (PSA) be amended to include this unit prior to plat recordation and that the recording information of the PSA be included on the Final Plat prior to recordation. Motion was seconded by Councilwoman Hale. For: Council Members: Pedde, Castro,Hale, Carlton,Liparoto and Hicks; Against:None. Motion carried 6 to 0. C. Discussion/Action and direction to staff on a Public Infrastructure Agreement(PIA)for Landmark Pointe. This item was tabled at the request of the owner. D. Discussion/Action on the Preliminary Acceptance of Cibolo Valley Ranch Unit 9. Councilman Liparoto moved to approve the Preliminary Acceptance of Cibolo Valley Ranch Unit 9 with the following public improvements: Water 1,800 lineal feet with a valuation of$102,915.32; Sanitary Sewer— 1,735 lineal feet with a valuation of$109,970.60; Street— 1,828 lineal feet with a valuation of$213,218.51. Motion was seconded by Councilwoman Hale.For: Council Members:Pedde,Castro,Hale, Carlton,Liparoto and Hicks; Against:None. Motion carried 6 to 0. E. Discussion/Action and direction to staff on the Conditional Use Permit(CUP)to allow Minor Auto Repair at 300 West Loop 539. Councilman Hicks moved to approve the Conditional Use Permit (CUP) with the following eight (8) conditions: 1. Automobile related use of this site is limited to "minor auto repairs", as defined by the 2013 UDC. 2. All automobile related services shall be conducted within the building. 3. Outdoor storage of tires, equipment and unlicensed, inoperable or junk vehicles is prohibited. 4. Cars awaiting service or customer pickup may be temporarily stored on the site for up to 30 days. 5. The perimeter of the site visible from FM 78, Loop 539 and the adjoining neighborhood shall be screened by a wooden fence. 6. Hours of operation where auto repair noise is audible at property lines adjacent to residential uses shall be limited to 8:00 a.m.to 7 p.m. during the week, 9 a.m. to 7 p.m. on Saturday. Except in the case of periodic emergency repairs, the business will be closed on Sunday and after 7 p.m. on Monday-Saturday. 7. Signage shall be limited to wall signs or single monument sign, each per the Sign Ordinance. 8.Used oil and other auto related fluids shall be properly stored in approved containers and properly disposed in accordance with all environmental regulations and standards. Motion was seconded by Councilman Carlton. For: Council Members: Pedde, Castro,Hale,Carlton,Liparoto and Hicks;Against:None. Motion carried 6 to 0. 3 F. Discussion/Action and direction to staff on the Weir Annexation. Council gave staff direction to move forward and bring an ordinance/agreement back to council on March 26, 2013. G. Receive a report on Bentwood Ranch crosswalks and school safety route. Police Chief Gary Cox briefed council on pedestrian crosswalks at Bentwood Ranch Drive and Lomond Drive and Cibolo Valley Drive and Silver Wing to facilitate safe crossing while escorting children to school. Chief Cox also briefed council that Cibolo should look at establishing"Safe Routes for Schools"Plan at all school campus in Cibolo to ensure safety and uniformity. Chief Cox briefed council on the 2012 Annual Police Report covering calls for service,response time,crime rate and violations. H. Presentation and discussion on Racial Profiling and the Cibolo Police Department Annual Report. Chief Cox briefed council on the 2012 Annual Police Report covering calls for service,response time,crime rate and violations. I. Discussion/Action and direction to staff on the audio/visual equipment in the Council Chambers. Council discussed the monitors and the City Manager stated he would get with the IT Department to see if something can be done to fix the situation. I Discussion/Action on abolishing the Water Advisory Committee. Councilman Liparoto moved to dissolve the Water Advisory Committee. Motion was seconded by Councilman Pedde. For: Council Members: Pedde, Castro, Hale, Carlton, Liparoto and Hicks; Against: None. Motion carried 6 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 added a Workshop for March 19th. The Mayor and City Secretary will get together to find dates for a joint workshop with the committees and commission and also a date for an ethics briefing. 11. Ordinance A. Approval/Disapproval of an ordinance amending the Zoning Classification of certain properties located in the Development referenced as Red River Development from the General Commercial (C-4) and FM 78 (78) Overlay Districts to the Planned Unit Development (PUD) District to allow a mixed unit development comprised of uses permitted in the C-3,MF-2, SF-3 Zoning Districts. Councilman Pedde moved to approve an ordinance amending the Zoning Classification of certain properties located in the Development referenced as Red River Development from the General Commercial (C-4) and FM 78 (78) Overlay Districts to the Planned Unit Development(PUD)District with the correction on page 1, third Whereas changing Turning Stone Land Study to Red River PUD. Motion was seconded by Councilman Castro. For: Council Members: Pedde, Castro, Hale, Carlton, Liparoto and Hicks; Against: None. Motion carried 6 to 0. 12. Resolution A. Approval/Disapproval of a resolution of the City Council of the City of Cibolo expressing support for State Legislation on consumer protection for buyers of new homes. 4 Councilman Liparoto moved to approve the Resolution expressing support for State Legislation on consumer protection for buyer of new homes with the corrections as stated. Motion was seconded by Councilman Castro. For: Council Members: Pedde, Castro, Hale, Carlton, Liparoto and Hicks; Against: None. Motion carried 6 to 0. 13. Workshop A. Discussion on revamping the city's sign ordinance and to bring it up to date with new sign technology and the current needs and requirements for growth and commercial development. Mr. Stricker Community Service Director went over the changes to the sign ordinance with council. B. Discussion on the Cibolo Unified Development Code(UDC)and Design&Construction Manual(DCM). Mr.Anderson City Planner briefed the council on the UDC and major changes. 14. Ordinance A. Approval/Disapproval of an ordinance repealing certain provision of the City of Cibolo Code of Ordinances related to Signs within the City Limits and Extraterritorial Jurisdiction(ETJ) of the City of Cibolo;providing for definitions, exemptions, locations, and size and height restrictions; requiring permits; prohibiting certain types of signs;providing a means for variances. Councilman Liparoto moved to approve an ordinance repealing certain provision of the City of Cibolo Code of Ordinances related to Signs within the City Limits and Extraterritorial Jurisdiction (ETJ) of the City of Cibolo; providing for definitions, exemptions, locations, and size and height restrictions; requiring permits; prohibiting certain types of signs; providing a means for variances. Motion was seconded by Councilman Pedde. For: Council Members: Pedde, Castro, Hale, Carlton, Liparoto and Hicks; Against: None. Motion carried 6 to 0. B. Approval/Disapproval of an ordinance repealing Articles 1,2, 3,4,and 6 of Appendix B of the City of Cibolo Code of Ordinances; renaming Article 5 of Appendix B of the City of Cibolo Code of Ordinances to"Article 1"; renaming Appendix B of the City of Cibolo Code of Ordinances to"Impact Fees",renaming Appendix A of the City of Cibolo Code of Ordinances to"Unified Development Code(UDC)",and adopting,as Appendix A of the City of Cibolo Code of Ordinances, the 2013 Cibolo Unified Development Code and 2013 Cibolo Design and Construction Standards. Councilman Liparoto moved to approve an ordinance repealing Articles 1,2,3,4,and 6 of Appendix B of the City of Cibolo Code of Ordinances; renaming Article 5 of Appendix B of the City of Cibolo Code of Ordinances to"Article 1"; renaming Appendix B of the City of Cibolo Code of Ordinances to"Impact Fees", renaming Appendix A of the City of Cibolo Code of Ordinances to"Unified Development Code(UDC)",and adopting, as Appendix A of the City of Cibolo Code of Ordinances, the 2013 Cibolo Unified Development Code and 2013 Cibolo Design and Construction Standards with the changes on 3.3 A&B and 3.4 B changing City Manager to City Secretary. Motion was seconded by Councilman Pedde. For: Council Members: Pedde,Castro,Hale,Carlton,Liparoto and Hicks;Against:None. Motion carried 6 to 0. C. Approval/Disapproval of an ordinance adopting the City of Cibolo Community Development Fee Schedule. Councilman Castro moved to approve an ordinance adopting the City of Cibolo Community Development Fee Schedule. Motion was seconded by Councilman Pedde. For: Council Members: Pedde, Castro, Hale, Carlton,Liparoto and Hicks;Against:None. Motion carried 6 to 0. 15. Executive Session The City Council will meet in Executive Session as authorized by the Texas Gov't Code Sec. 551.071 Consultation with Attorney to discuss the following: 5 A. Discussion regarding pending litigation of Shelby Koehler, et al.v. City of Cibolo. Council convened into Executive Session at 7:47 p.m. 16. Open Session Reconvene into Regular Session and take action/or give direction, if necessary, on items discussed in Executive Session Council reconvened into Open Session at 8:20 p.m. No action taken. 17. City Council request(s)regarding specific items or staff reports to be scheduled for future agendas. Mayor Hartman asked to have the Noise Ordinance on the next agenda for discussion. 18. Adjournment: Councilman Liparoto moved to adjourn the meeting at 10:15 p.m. Motion was seconded by Councilman Carlton. For: All;Against:None. Motion carried 6 to 0. PASSED AND APPROVED THIS 12TH DAY OF MARCH 2013. TwLJennifer Hartman Mayor ATTEST: Peggy Cimics,TRMC City Secretary 6