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Min CC 07/27/2010 1 O P C� `�l`a11U4f1U/ /4NZO 44 \ ' O T£ X AS "City of Choice" REGULAR CITY COUNCIL MEETING CIBOLO MUNICIPAL BUILDING 200 S. MAIN July 27, 2010 7:00 P.M. MINUTES 1. Call to Order—Meeting was called to order by Mayor Hartman at 7:00 P.M. 2. Roll Call Mayor Hartman Councilman Pedde Councilman Krasnai—absent Councilman Wiederstein—arrived at 7:09 P.M. Councilman Winn Councilman Carlton Councilman Liparoto Councilman Hetzel Staff: City Manager Bruce Pearson, City Secretary Peggy Cimics, City Attorney Charlie Zech, Finance Director LeAnn Piatt, Fire Chief Roger Niemietz, Police Chief Gary Cox, EDC Traci Anderson, 3. Invocation—Invocation was given by Councilman Carlton 4. Pledge of Alle ig ance—Councilman Winn led 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 citizen. The following citizens signed up to be heard: Joel Hicks wanted to find out when Main Street would reopen as school will begin soon. Melvin Hicks spoke on the multi-event center wanting to know if the City has made any money from this facility. He also spoke about the disrupt Main Street had been to the individuals trying to go to the Everyday Christian Church on Main and Borgfeld. Mr. Hicks also stated if the City was going to rename that part of the road they might want to look at naming it Everyday Christian after the church located at the end of the street. 1 Dr. Greg Gibson from the Schertz, Cibolo, Universal City Independent School District address the council on the exempting the school district from the fees for a Drainage Utility District. 6. Public Hearing A. The Cibolo City Council will hold a public hearing for the purpose of considering zoning of a total of 1 acre of land from C1 Commercial Light to C-1R Commercial Light Density Retail. This tract of land is situated in the James Jones Survey Abstract No. 194 in the City of Cibolo, Guadalupe County, Texas and is generally located northeast of the intersection of Green Valley Road and Cibolo Valley Drive. Mayor Hartman opened the Public Hearing at 7:09 P.M. No one wish to speak on the subject and the Public Hearing was closed at 7:09 P.M. B. The Cibolo City Council will hold a Public Hearing to hear public testimony concerning the proposed updates to the City of Cibolo's Zoning Ordinance. Mayor Hartman opened the Public Hearing at 7:09 P.M. No one wished to speak at the Public Hearing and the Mayor closed the Public Hearing at 7:10 P.M. 7. Presentation A. Presentation of accomplishment to Reyna Hill- Court Certification, Level 1; Christopher Kellet, Joseph Palfreyman, Jeremiah Burns, Richard Woody and Leland Zies - Class 1 Wastewater Collection and Class D Water Operator Certificate City Manager Bruce Pearson and Court Clerk Fullenwider presented a certificate of completion to Reyna Hill for obtaining her level 1 Court Certification. The City Manager Bruce Pearson and Utility Superintendent William Dee presented certificates to Christopher Kellet, Joseph Palfreyman, Leland Zies, Jeremiah Burns and Richard Woody for completing the Class 1 Wastewater Collection and Class D Water Operator certification. 8. Consent Agenda—Consent Items (General Items) (All items listed below are considered to be routine and non-controversial by the Council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and will be considered as part of the order of business.) A. Approval of the minutes of the Regular City Council Meeting held on July 13, 2010. B. Acceptance of the June 2010 Check Register pending final acceptance of the City's financial audit for the 2011 Fiscal Year. C. Acceptance of the Revenue&Expense Report ending June 30, 2010 pending final acceptance of the City's financial audit for the 2011 Fiscal Year. D. Acceptance of the Quarterly Investment Report for the period ending June 30, 2010 pending the final acceptance of the City's financial audit for the 2011 Fiscal Year. Councilman Pedde moved to approve the consent agenda. Motion was seconded by Councilman Winn. For: Councilman Pedde, Wiederstein, Winn, Carlton, Liparoto and Hetzel; Against: None. Motion carried 6 to 0. 2 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 and Cibolo Economic Development Corporation. Councilman Liparoto moved to approve the application of Donnovan Jackson to the Economic Development Corporation. Motion was seconded by Councilman Pedde. For: All; Against: None. Motion carried 6 to 0. Councilman Winn moved to approve the application of Eric Allen Dunn to the Street and Drainage Commission. Motion was seconded by Councilman Wiederstein. For: Councilman Pedde, Wiederstein, Winn, Carlton and Liparoto; Against: None; Abstain: Councilman Hetzel. Motion carried 5 to 0. B. Discussion/Action and direction to staff to assess or not to assess the SCUCISD in the establishment of a drainage utility district. Councilman Win moved to direct staff to not assess the SCUCISD in the establishment of a drainage utility district. Motion was seconded by Councilman Pedde. For: Councilman Pedde, Wiederstein, Winn, Liparoto, Carlton and Hetzel; Against: None. Motion carried 6 to 0. C. Discussion/Action regarding the FY2011 Cibolo Economic Development Corporation Budget. Councilman Winn moved to accept the FY2011 Cibolo Economic Development Corporation Budget. Motion was seconded by Councilman Carlton. For: Councilman Pedde, Wiederstein, Winn, Carlton, Liparoto and Hetzel; Against: None. Motion carried 6 to 0. D. Discussion/Action and direction to staff on the Land Study of 216 FM 1103 Jorgensen Real Estate Investments LP. Councilman Liparoto moved to approve the Land Study of 216 FM 1103 Jorgensen Real Estate Investments LP. Motion was seconded by Councilman Carlton. For: Councilman Pedde, Wiederstein, Winn, Carlton, Liparoto and Hetzel; Against: None. Motion carried 6 to 0. E. Discussion/Action and direction to staff on accepting the preliminary/final plat of Green Valley Special Utility District Plant 1. Councilman Winn moved to approve the preliminary/final plat of Green Valley Special Utility District Plant 1. Motion was seconded by Councilman Wiederstein. For: Councilman Pedde, Wiederstein, Winn,Liparoto, Carlton and Hetzel; Against: None. Motion carried 6 to 0. F. Discussion/Action and direction to staff on accepting the preliminary plat and the preliminary plat acceptance of Buffalo Crossing Unit 4B. Councilman Winn moved to approve the preliminary plat and the preliminary plat acceptance of Buffalo Crossing Unit 4B. Motion was seconded by Councilman Pedde. For: Councilman Pedde, Wiederstein, Winn, Carlton, Liparoto and Hetzel; Against: None. Motion carried 6 to 0. G. Discussion/Action and direction to staff on accepting the preliminary plat and the preliminary plat acceptance of Cibolo Vistas Units 2A and 3B. 3 Councilman Winn moved to approve the preliminary plat and the preliminary plat acceptance of Cibolo Vistas Unit 2A and 3B with the condition that the temporary off-site detention pond proposed to be located in future Unit 2C of Cibolo Vista off Weil Road must be satisfactorily repaired and restored to an acceptable functional condition prior to beginning work on Cibolo Vista Units 2B and 3A and must be satisfactorily maintained throughout the construction, and thereafter until permanent drainage facilities are provided in the build-out of Cibolo Vista. Motion was seconded by Councilman Pedde. For: Councilman Pedde, Wiederstein, Winn, Carlton, Liparoto and Hetzel; Against: None. Motion carried 6 to 0. H. 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 July and August 2010. 10. Ordinance A. Approval/Disapproval of an ordinance establishing zoning classification for a 1.000 acre tract of land owned by Henry Alves to assign the initial zoning to commercial light density retail (C-1R). Councilman Liparoto moved to approve the ordinance establishing zoning classification for a 1.000 acre tract of land owned by Henry Alves to assign the initial zoning to commercial light density retail (C-1R). Motion was seconded by Councilman Winn. For: Councilman Pedde, Wiederstein,Winn, Carlton, Liparoto and Hetzel; 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 Town Creek Road(CR383). Councilman Pedde moved to approve an ordinance amending Chapter 74 (Traffic and Vehicles) of the Code of Ordinances by establishing a speed zone for Town Creek Road (CR383). Motion was seconded by Councilman Carlton. For: Councilman Pedde, Wiederstein, Carlton, Liparoto and Hetzel; Against: Winn. Motion carried 5 to 1. C. Approval/Disapproval of an ordinance to amend the screening and landscape regulations formerly contained in Appendix A, Chapter 17, Section B; removing regulation from the Code of Ordinances; providing for a savings clause and the repeal of all other ordinances in conflict and by providing a penalty clause and effective date. Councilman Winn moved to approve an ordinance to amend the screening and landscape regulations formerly contained in Appendix A, Chapter 17, Section B; removing regulation from the Code of Ordinances; providing for a savings clause and the repeal of all other ordinances in conflict and by providing a penalty clause and effective date. Motion was seconded by Councilman Pedde. For: Councilman Pedde, Wiederstein, Winn, Carlton, Liparoto and Hetzel; Against: None. Motion carried 6 to 0. D. Approval/Disapproval of an ordinance replacing Appendix A of the Code of Ordinances establishing zoning regulations providing policies and procedures as allowed under the Texas Local Government Code. Councilman Winn moved to approve ordinance replacing Appendix A of the Code of Ordinances establishing zoning regulations providing policies and procedures as allowed under the Texas Local 4 Government Code. Motion was seconded by Councilman Wiederstein. For: Councilman Pedde, Wiederstein, Winn, Carlton, Liparoto and Hetzel; Against: None. Motion carried 6 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 and Texas Gov't Code Sec. 551.072 Deliberation about Real Property to discuss the following: A. Discuss legal issues regarding approximately 2.32 acre tract of property located at 1020 Town Creek Road, Cibolo,Texas (Bob Dale property). B. Discuss legal issues regarding .5655 acres located between FM 1103 and North Main and part of the Cibolo Valley North Project. C. Discuss legal issues associated with annexation. Council convened into Executive Session at 7:43 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 7:56 P.M. No action taken. 13. City Manager's Message A. Police and Fire Substation Update B. Restroom/Dressing Room Facility Update C. Dietz Creek Rehabilitation D. Cibolo Valley Drive North and South Project E. Drainage Utility Update F. Niemietz Park Update G. SCUCISD Update H. County Commissioners' Court Update City Manager Bruce Pearson briefed council on the above items. 14. Staff Updates A. Capital Projects Schedule 5 B. Staff Department Reports a. Parks Department b. Public Works Department c. Utility Department d. Police Department As submitted. 15. City Council request(s) regarding specific items or staff reports to be scheduled for future agendas. Council had no items at this time. 16. Adjournment Councilman Winn moved to adjourn the meeting at 8:07 P.M. Motion was seconded by Councilman Wiederstein. For: Councilman Pedde, Wiederstein, Winn, Carlton, Liparoto and Hetzel; Against: None. Motion carried 6 to 0. PASSED AND APPROVED THIS 10TH DAY OF AUGUST 2010 enifer artman Mayor ATTEST: Peggy Cimics, TRMC City Secretary Pr 6