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Min CC 02/24/2009 REGULAR CITY COUNCIL MEETING A_Q_ CIBOLO MUNICIPAL BUILDING 200 S. MAIN February 24, 2009 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 Councilman Owens Councilman Winn Councilwoman Davis—arrived at 7:09 Councilman Liparoto Councilman Hetzel Staff. CM Todd Parton, ACM Bruce Pearson, City Secretary Peggy Cimics, City Attorney Miguel Matos, Fire Chief Roger Niemietz, Police Chief Tom Curd, Planner Jonette Ellis, Finance Lara Feagins, Comm. Development Nancy McBeth 3. Invocation—Councilman Owens gave the invocation. 4. Pledge of Alle i�—The Pledge of Allegiance was led by Councilman Winn. 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 to council: Joel Hicks, 203 Lamar St. spoke to council on city vehicles being used for personal use. Melvin Hicks, 119 Apache Circle spoke to council on the soccer stadium and referred to it as "Pot of Gold"wanted to know if the City had some company lined-up for naming rights. 6. 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 February 10, 2009. 1 B. Acceptance of the Revenue & Expense Report for the Month of January 2009 pending final acceptance of the City's financial audit for the 2009 Fiscal Year. C. Acceptance of the January 2009 Check Register pending final acceptance of the City's financial audit for the 2009 Fiscal Year. Councilman Pedde moved to approve the consent agenda. Motion was seconded by Councilman Owens. For: Council Members: Pedde, Krasnai, Owens, Winn, Liparoto and Hetzel; Against: None; Absent: Davis. Motion carried 6 to 0. 7. Public Hearing A. Hold a public hearing regarding a variance of the minimum lot width requirement for the Residential Single-Family Medium Density District (R-3) by reducing the minimum lot width 2-feet on Lot 14, Block 19 of the Cibolo Valley Ranch, Unit 5 Subdivision. Mayor Hartman opened the Public Hearing at 7:08 p.m. Tracy Lindsey spoke on the variance. No other citizen or council member spoke and the Mayor closed the Public Hearing at 7:10 p.m. B. Hold a public hearing regarding amending the City of Cibolo Code of Ordinances Appendix A-Zoning, Chapter 14 General Provision and Exceptions. The Public Hearing was opened at 7:10 p.m. by Mayor Hartman. No one wish to speak on the amending of the City Code of Ordinances Appendix A-Zoning, Chapter 14 and the Mayor closed the Public Hearing at 7:11 p.m. C. Hold a public hearing regarding the nomination of Kalmar RT Center LLC, located at 103 Guadalupe Drive, Cibolo, Texas 78108 to the Office of the Governor, Texas Economic Development and Tourism, as an Enterprise Project. Mayor Hartman opened the Public Hearing at 7:11 p.m. No citizens or council spoke and the Mayor closed the Public Hearing at 7:12 p.m. 8. Discussion/Action A. Discussion/Action on the removal, appointments and re-appointments to Cibolo Boards, Commissions, Committees and Cibolo Economic Development Corporation. Councilman Pedde requested that the Economic Development Corporation be added to the spreadsheet. B. Discussion/Action to consider a request by David Burns to shoot movie scenes in the City of Cibolo. Councilman Owens moved to approve the request by David Burns to shoot movie scenes in the City of Cibolo. Motion was seconded by Councilman Pedde. For: Council Members: Pedde, Krasnai, Owens, Winn,Davis, Liparoto and Hetzel; Against: None. Motion carried 7 to 0. 2 C. Discussion/Action on establishing a Zoning Board of Adjustment for the City of Cibolo. Councilman Liparoto moved to direct staff to move forward with establishing a Zoning Board of Adjustment for the City of Cibolo. Motion was seconded by Councilman Pedde. For: Council Members: Pedde, Krasnai, Liparoto; Against: Council Members: Owens, Winn, Davis and Hetzel. Motion failed 3 to 4. D. Discussion/Action and direction to staff on Charleston Parke Unit II drainage and infra- structure acceptance. This item was tabled. E. Discussion/Action and direction to staff on Ordinance Nos. 879 & 659 as they pertain to the collection and disposal of waste from construction/demolition/land clearing. Mr. Benline representing Ryland Homes spoke to council and Mr. Gutierrez from Bexar Waste both spoke to council After a very long discussion Mr. Benline (Ryland Homes), Mr. Henry Gutierrez (Bexar Waste) and City Manager Todd Parton will get together to try and come up with an acceptable agreement for all parties involved. This item will be brought back to council after this meeting. F. Discussion/Action and direction to staff regarding an ordinance providing for a four way stop sign at Deer Creek Blvd. and Cibolo Valley Drive. Councilman Pedde moved to send this item back to the Street & Drainage Commission and to the City Engineers for review and recommendation to council. City Engineers also need to look at a traffic study for the entire Cibolo Valley Drive. Motion was seconded by Councilman Owens. For: Council Members: Pedde, Krasnai, Owens, Davis and Liparoto; Against: Councilman Winn and Hetzel. Motion carried 5 to 2. G. Discussion/Action and direction to staff on developing an agreement between the City of Cibolo and Cibolo Community Action Network(CCAN) for the 2009 Cibolo fest. Councilman Winn moved to direct staff to develop an agreement between the City of Cibolo and Cibolo Community Action Network (CCAN) for the 2009 Cibolo fest. Motion was seconded by Councilwoman Davis. For: Council Members: Pedde, Krasnai, Owens, Winn, Davis, Liparoto and Hetzel; Against: None. Motion carried 7 to 0. H. Discussion/Action on a letter from Mayor Hartman to the Schertz-Cibolo-Universal City Independent School District (SCUCISD)regarding the concerns Cibolo residents have on the school redistricting. Councilman Pedde thanked the Mayor for the letter to the School Board. Councilman Winn thanked all the council members that attended the School Board Meeting in support of the re- districting and the citizens of Cibolo. 3 I. Discussion/Action on drainage issues in Old Town Cibolo. Brian Cope from Klein Engineering briefed council on the drainage issues in Old Town. J. Discussion/Action and direction to staff regarding an ordinance to remove a stop sign at Coy Lane and Saddle Trail and reinstall on Coy Lane(private). Council directed staff to have the City Engineers look at this area before any decision is made. K. Discussion/Action on projects to be submitted to Congressman Henry Cuellar for the Federal FY2010 Appropriation Funding. City Manager briefed council that he would be using the 5 year CIP list of projects to compile a submission to Congressman Henry Cuellar Office. L. Discussion/Action and/or direction to staff regarding increasing the City's commitment to purchase more raw water through GBRA and to increase the City's share of CRWA's debt service for the Lake Dunlap treatment plant and the Mid-Cities water distribution system. City Manager briefed council that they are still working on some issues and will bring this item back to the first council meeting in March. M. Discussion/Action and direction to staff regarding water resource planning. This item was briefed by City Manager Todd Parton. City council directed staff to identify water supply options that anticipate issuing and structuring debt in a manner that fits within the financial forecast established in the rate study dated January 15, 2009. N. Discussion/Action regarding the Order of Election for the May 9, 2009 election. Councilman Winn moved to approve the Order of Election for the May 9, 2009 election. Motion was seconded by Councilman Krasnai. For: Council Members: Pedde, Krasnai, Owens, Winn, Davis, Liparoto and Hetzel; Against: None. Motion carried 7 to 0. O. 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 schedule for the remainder of February and for the month of March 2009. Added to the calendar was the drawing for placement on the ballot scheduled for March 11 at 9:00 a.m. 4 9. Ordinance A. Approval/Disapproval of an ordinance amending Ordinance 609 establishing a Zoning Board of Adjustments for the City of Cibolo. Councilman Liparoto moved to approve the ordinance amending Ordinance 609 and establishing a Zoning Board of Adjustments for the City of Cibolo. Motion was seconded by Councilman Pedde. For: Council Members: Pedde, Krasnai, Winn, Liparoto and Hetzel; Against: Council Members: Owens and Davis. Motion carried 5 to 2. B. Approval/Disapproval of an ordinance to establish a four-way stop at the intersection of Deer Creek Blvd and Cibolo Valley Drive. Councilman Winn moved to approve an ordinance to establish a four-way stop at the intersection of Deer Creek Blvd and Cibolo Valley Drive. Motion was seconded by Councilman Krasnai. For: Council Members: Krasnai, Winn, Liparoto and Hetzel; Against: Council Members: Pedde, Owens and Davis. Motion carried 4 to 3. C. Approval/Disapproval of an ordinance repealing Ordinance No. 880 and establish a new ordinance, ordaining the City's participation in the Texas Enterprise Zone Program pursuant to the Texas Enterprise Zone Act, Chapter 2303, Texas Government Code, providing tax incentives, designating a liaison for communication with interested parties and nominating Kalmar RT Center, LLC to the Office of the Governor Economic Development & Tourism through the Economic Development Bank as an Enterprise Project. Councilman Owens moved to approval an ordinance repealing Ordinance No. 880 and establishing a new ordinance for the City to participate in the Texas Enterprise Zone Program and nominating Kalmar RT Center to the Office of the Governor Economic Development & Tourism through the Economic Development Bank as an Enterprise Project. Motion was seconded by Councilman Winn. For: Council Members: Pedde, Krasnai, Owens, Winn, Davis, Liparoto and Hetzel; Against: None. Motion carried 7 to 0. D. Approval/Disapproval of an ordinance amending the FY2009 Budget. Council went over the proposed changes to the budget and staff will bring an ordinance back to council the first meeting in March. 10. 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: A. Discuss legal issues regarding the following litigation filed by Roy Lee Parker: Roy Lee Parker vs. City of Cibolo, Civil No. SA-08-CA-1010-PM. United States District Court, Western District of Texas, San Antonio Division. Council convened into Executive Session at 10:00 p.m. 5 11. Open 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 10:24 p.m. 12. Staff Updates A. Capital Projects Schedule B. Old Town Zoning C. Paid Fire Fighters D. Building Inspections/Code Enforcement The above items were briefed by City Manager Todd Parton and Assistant City Manager Bruce Pearson. 13. City Council request(s) regarding specific items or staff reports to be scheduled for future agendas. Councilman Pedde would like to see added to the committee spreadsheet the Economic Development Corporation and the Board of Adjustments. He also would like to see a new spreadsheet to cover the 08 Bonds. Councilman Krasnai ' would like to have Chief Curd brief the council on the communication system for the new Police Department. Councilman Winn requested a timeline on how long it would take for the Public Works Department to move equipment from current location to the new facility. Councilman Liparoto would like to have a report from the CRWA Meeting. Councilman Hetzel requested revenue projections for the Multi-Event Facility. 14. Adjournment Councilwoman Davis moved to adjourn the meeting at 10:48 P.M. Motion was seconded by Councilman Liparoto. For: Council Members: Pedde, Krasnai, Owens, Winn, Davis, Liparoto and Hetzel; Against: None. Motion carried 7 to 0. PASSED AND APPROVED THIS 10'DAY OF MARCH 2009. Nali CLIA JenniferTlartman Mayor ATTEST: 11-52 Peggy Cimics City Secretary 6