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Min CC 04/26/2011 o f. Cry o. o N f T c X A S "City of Choice- City Council Meeting CIBOLO MUNICIPAL BUILDING 200 S. MAIN April 26, 2011 7:00 P.M. MINUTES 1. Call to Order—Meeting was called to order at 7:00 p.m.by Mayor Hartman. 2. Roll Call Mayor Hartman Councilman Pedde-absent Councilman Krasnai Councilman Wiederstein Councilman Carlton Councilman Liparoto Councilman Hetzel 3. Invocation—Invocation was given by Councilman Carlton 4. Pledge of Allegiance-All those 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 speak: David Peacock—President of Cibolo EDC spoke to Council on the event held for Sanjel. He thanked the City and especially Mark Luft for a great job and positive exposure for the City. Pat O'Brien, 210 Tapwood Ln. spoke to council on the charges against the Mayor and now that she was found to have done nothing wrong was very disappointed that nothing has been done to correct the situation. He stated to council"Do What Right". Brent Hartman, 136 Earhart Ln. spoke on the City Manager withholding information to council at the October 12`h meeting,and that this council could now has a chance to correct this wrong. Joyce Schryver, 109 Buffalo Trail spoke to council on charter and ethics violations by the City Manager. She also wanted to know why the censure of the Mayor was still in place. Robert Westbrook, 12214 Lost Meadows Dr. introduce himself as he is a candidate for the SCUCISD elections. Al Gillen, Anvil Place spoke on item 6E— Wanted to know why the road was tore up on Prickle Pear and not fixed properly. 1 6. Consent Agenda—Consent Items (General Items) A. Approval of the minutes of the City Council Meeting held on April 12, 2011. B. Acceptance of the February 2011 Check Register pending final acceptance of the City's financial audit for the 2010/2011 Fiscal Year. C. Acceptance of the Revenue &Expense Report ending February 28, 2011 pending final acceptance of the City's financial audit for the 2010/2011 Fiscal Year. D. Acceptance of the Quarterly Investment Report for the period ending March 31, 2011 pending final acceptance of the City's financial audit for the 2010/2011 Fiscal Year. E. Approval/Disapproval of the Final Acceptance of Cibolo Valley Ranch Unit 7 and release of the one year maintenance bond. Improvements valuations are: Sanitary Sewer- $114,506.56, Water - $135,292.88 and Streets - $298,248.05. F. Approval/Disapproval of the Mac Bain Cibolo Preliminary/Final Plat. Councilman Carlton moved to approve the consent agenda items A thru D &F. Motion was seconded by Councilman Liparoto. For: Councilman Krasnai, Wiederstein, Carlton, Liparoto and Hetzel; Against: None. Motion carried 5 to 0. Council discussed item E. and requested the item be brought back to the council at the next regular scheduled meeting. 7. Public Hearin Action A. The City of Cibolo will hold a Public Hearing to hear public testimony concerning amendments to the Zoning Ordinance as follows: Regulations pertaining to the Planning and Zoning Commission relative to the appointment of regular and alternate Commission members, the length and term of appointments,regular and special meetings, meeting procedures and Commission powers and duties. Mayor Hartman opened the Public Hearing at 7:24 P.M. No one wish to speak on this item and Mayor Hartman closed the Public Hearing at 7:25 p.m. B. Approval/Disapproval of an ordinance amending Ordinance No. 934, commonly referred to as the "Zoning Ordinance", of the City of Cibolo, Texas Code of Ordinances to allow the City Council to amend the Ordinance to include certain procedural and administrative regulations and to appoint three(3) alternate members to the Planning and Zoning Commission for a term of Two (2)years. Councilman Liparoto moved to approve the ordinance amending Ordinance No. 934, commonly referred to as the"Zoning Ordinance", of the City of Cibolo,Texas Code of Ordinances to allow the City Council to amend the Ordinance to include certain procedural and administrative regulations and to appoint three(3) alternate members to the Planning and Zoning Commission for a term of Two (2) years. Motion was seconded by Councilman Carlton. For: Councilman Krasnai, Wiederstein, Carlton, Liparoto and Hetzel; Against:None. Motion carried 5 to 0. C. The City of Cibolo will hold a Public Hearing to hear public testimony concerning the proposed annexation of the properties described below: Acreage of real property within the City of Cibolo Extraterritorial Jurisdiction (ETJ) generally located as follows: Acreage generally East of the West Bank of Santa Clara Creek,North and South of Interstate Highway 10, extending East up to and across the right-of-way of Center Road and Linne Road(County Roads 465/415).Properties fronting on each side of Dewey Lane are NOT proposed to be annexed. 2 Mayor Hartman opened the Public Hearing at 7:26 p.m. Mr. Gary Speer of 3500 FM 465 spoke to council on this item. He stated that under this annexation he would be 10 miles from the Cibolo Fire Station as presently he is only 2 miles to the Marion Station. Did not think this annexation would benefit him in any way. There were no other citizens that wish to be heard and Mayor Hartman closed the Public Hearing at 7:35 p.m. 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 and Cibolo Economic Development Corporation. Councilman Krasnai moved to appoint Sara Phippen to the Animal Control Advisory Board. Motion was seconded by Councilman Hetzel. For: Councilman Liparoto, Carlton, Krasnai and Hetzel; Against: None. Motion carried 4 to 0. Councilman Wiederstein had stepped away from dais. B. Discussion/Action and accepting the resignation letter from Councilman/Mayor Pro-Tem Winn and Councils procedure for filling vacancy. Miguel Troncoso signed up to be heard during this item. He stated to council that he hoped that they would take the full 30 days to fill this position. Mr. Troncoso stated he would like to see the position advertised on the web site and as many places as the City can to get good qualified candidates to apply for the position. Councilman Liparoto moved to accept the resignation letter from Mark Winn. Motion was seconded by Councilman Carlton. For: Councilman Krasnai, Hetzel, Carlton and Liparoto; Against: None. Motion carried 4 to 0. Council discussed the procedures to fill the vacant position. Councilman Liparoto made the motion to advertise the position have individual fill out a volunteer form and at the meeting on May 24 council will interview and appoint someone to fill the position. Motion was seconded by Councilman Krasnai. For: Hetzel,Liparoto, Carlton and Krasnai; Against: None. Motion carried 4 to 0. C. Discussion/Action on the appointment of a Mayor-Pro-Tem. Councilman Carlton moved to appoint Councilman Liparoto to the position of Mayor Pro-Tem. Motion was seconded by Councilman Krasnai. For: Councilman Hetzel, Carlton, Krasnai and Wiederstein; Against: None; Abstain: Councilman Liparoto. Motion carried 4 to 0. D. Approval/Disapproval of Saddle Creek Ranch Unit 3 Preliminary Plat. Councilman Liparoto moved to approve the Preliminary Plat for Saddle Creek Ranch Unit 3 subject to the City Engineers concerns with drainage being address in the submittal of the Final Plat and Construction Plans. Motion was seconded by Councilman Carlton. For: Councilman Krasnai, Wiederstein, Carlton, Liparoto and Hetzel;Against:None. Motion carried 5 to 0. E. Approval/Disapproval of Saddle Creek Ranch Unit 4 Preliminary Plat. Councilman Liparoto moved to approve the Preliminary Plat for Saddle Creek Ranch Unit 4 subject to addressing the drainage issues being address during the submittal of the Final Plat and Construction Plans. Motion was seconded by Councilman Carlton. For: Councilman Krasnai, Wiederstein, Carlton, Liparoto and Hetzel; Against:None. Motion carried 5 to 0. F. Approval/Disapproval of Turning Stone Unit W-1 Final Plat. Councilman Krasnai moved to approve the Final Plat for Turning Stone Unit W-1 with the following conditions: Prior to the recordation or approval of construction plans for Turning Stone Units W-1 and E-1, or the submittal of any new preliminary plat for an additional unit of Turning Stone,the developer will obtain Traffic Impact Analysis approval from TXDOT & the City Engineer and approval and approval of a Development Agreement from the City Council. Unit E-1 may not be constructed until downstream 3 improvements are in place which 1) will not extend the duration of flow across the surface of Green Valley Road; 2) will not increase or prolong the known flooding potential of properties directly east (and across Green Valley Road) of the proposed development; and 3) will provide adequate conveyance of an increased volume to Town Creek Trib. 1, within a defined easement or right-of-way. Motion was seconded by Councilman Wiederstein. For: Councilman Krasnai, Wiederstein, Carlton, Liparoto and Hetzel; Against: None. Motion carried 5 to 0. G. Approval/Disapproval of Turning Stone Unit E-1 Final Plat. Councilman Krasnai moved to approve the Final Plat for Turning Stone Unit E-1 with the following conditions: Prior to the recordation or approval of construction plans for Turning Stone Units W-1 and E-1, or the submittal of any new preliminary plat for an additional unit of Turning Stone,the developer will obtain Traffic Impact Analysis approval from TXDOT & the City Engineer and approval and approval of a Development Agreement from the City Council. Unit E-1 may not be constructed until downstream improvements are in place which 1) will not extend the duration of flow across the surface of Green Valley Road; 2) will not increase or prolong the known flooding potential of properties directly east (and across Green Valley Road) of the proposed development; and 3) will provide adequate conveyance of an increased volume to Town Creek Trib. 1, within a defined easement or right-of-way. Motion was seconded by Councilman Carlton. For: Councilman Krasnai, Wiederstein, Carlton, Liparoto and Hetzel; Against: None. Motion carried 5 to 0. H. Discussion/Action and direction to staff on the audio/visual system in the Council Chambers. City Manager Bruce Pearson explained to council that we have been meeting with different company getting prices for upgrading the entire council chambers. This item will be brought back at a later date to give staff time to obtain all the information. I. Discussion/Action and direction to staff on accepting the Drainage Utility Final Report. Councilman Liparoto moved to accept the Drainage Utility Final Report. Motion was seconded by Councilman Wiederstein. For: Councilman Krasnai, Wiederstein, Carlton, Liparoto and Hetzel; Against: None. Motion carried 5 to 0. J. Discussion/Action and direction to staff on rules for the Multi-Event Center. Council directed staff to bring this item back as an ordinance. 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. City Secretary reminded council of a Public Hearing tomorrow at 6:00 p.m. No other changes. 9. Resolutions A. Approval/Disapproval of a Resolution adopting seven initiatives as the City of Cibolo Strategic Guide. (Staff) Councilman Wiederstein moved to approve the Resolution adopting the seven initiatives as the City of Cibolo Strategic Guide. Motion was seconded by Councilman Liparoto. For: Councilman Krasnai, Wiederstein, Liparoto, Carlton and Hetzel; Against:None. Motion carried 5 to 0. 10. Ordinance A.Approval/Disapproval of an ordinance providing for the contraction of Cibolo,Texas city limits by dis-annexing two tracts of land that contain an aggregate area of 2.60 acres, being generally located South of Interstate Highway 10 and along and immediately East of South Santa Clara Road, adjacent to the existing City limit boundary of the City of Cibolo, Guadalupe County,Texas. 4 Councilman Krasnai moved to approve the ordinance providing for the contraction of Cibolo,Texas city limits by dis-annexing two tracts of land that contain an aggregate area of 2.60 acres, being generally located South of Interstate Highway 10 and along and immediately East of South Santa Clara Road, adjacent to the existing City limit boundary of the City of Cibolo, Guadalupe County,Texas. Motion was seconded by Councilman Wiederstein.For: Councilman Krasnai,Wiederstein, Carlton, Liparoto and Hetzel; Against: None. Motion carried 5 to 0. 11. Executive Session The City Council will meet in Executive Session as authorized by the Texas Gov't Code Sec. 551.071 Consultation with Attorney. A. Discussion legal issues regarding leasing the Multi-Event Center. Council convened into Executive Session at 8:09 p.m. 12. Oven Session Reconvene into Regular Session and take action/or give direction, if necessary, on items discussed in Executive Session. Council reconvened into regular session at 8:24 p.m. No action taken. 13. Staff Updates A. Capital Projects Schedule B. Police Department C. Parks Department D. Street&Drainage Department E. Utility Department F. Animal Control As submitted. 14. City Manager's Message A. Cibolo Valley Local Government Corporation Update B. Legislative Updates C. CIP Plan Committee Update D. Cibolo Valley Drive Projects City Manager Bruce Pearson briefed council on the above items. 5 15. City Council request(s)regarding specific items or staff reports to be scheduled for future agendas. Councilman Liparoto would like to have a discussion item on the rescinding/revoking the resolution censuring the Mayor. Councilman Carlton requested an agenda item to discuss the"Citizen to be Heard"procedures. 16. Adi ournment Councilman Carlton moved to adjourn the meeting at 8:29 p.m. Motion was seconded by Councilman Wiederstein. For:All; Against:None. Motion carried 5 to 0. PASSED AND APPROVED THIS 10TH DAY OF MAY 2011. ri � All _. �etfe ar Mayor ATTEST: Peggy Cimics,TRMC City Secretary 6