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Min CC 10/14/2008 REGULAR CITY COUNCIL MEETING Ay GP �6 CIBOLO MUNICIPAL BUILDING 200 S. MAIN October 14,2008 7:00 P.M. MINUTES 1. Call to Order—Meeting was called to order at 7:02 p.m. 2. Roll Call Mayor Hartman Councilman Pedde Councilman Krasnai Councilman Owens Councilman Winn Councilwoman Davis Councilman Liparoto Councilman Hetzel City Manager-Todd Parton, City Secretary Peggy Chief, Police Chief Tom Curd, Fire Chief Niemietz, City Attorney Miguel Matos, Building Inspector Bud Dailey and Community Development Nancy McBeth and Jonette Ellis 3. Invocation—Invocation was given by Councilman Owens. 4. Pledge of Allegiance—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. Mr. Jamie Niland of 508 Schather spoke to council on Main Street and the police giving tickets to citizens that go throw the barricades to get to their homes. 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 councilmember 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 September 23, 2008. B. Approval of the minutes of the Special City Council Meeting held on September 29,2008. 1 Councilman Pedde moved to approve the consent agenda. Motion was seconded by Councilman Krasnai. For: Council Members: Pedde, Krasnai, Owens, Winn, Davis, Liparoto and Hetzel; Against:None. Motion carried 7 to 0. 7. Public Hearing A. Conduct a Public Hearing to rezone 2.0± acres of land from Commercial Light (C-1) and Residential Single Family Low Density (R-1) to Places of Assembly (AS). The tract is situated out of the A.S. Lewis Survey No. 78, Abstract 216, Guadalupe County, Cibolo, Texas, and is generally located on the southwest corner of Borgfeld Road and Dobie Boulevard. Mayor Hartman opened the Public Hearing at 7:06 p.m. No citizen's spoke on the subject and the Mayor closed the Public Hearing at 7:08 p.m. B. Conduct a Public Hearing to rezone 0.522± acres of land from Commercial Light (C-1) to General Heavy Commercial (C-2G). The tract is situated out of the G. Malpas Survey No. 67,Abstract 221, Texas, and is located at 750 FM 78, Cibolo, Texas. The Public Hearing was opened by Mayor Hartman at 7:08 p.m. No one wish to speak on the re- zoning 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 and Committees. Councilman Winn moved to appoint Mr. Louie E. Cady Jr. to the Parks Commission. Motion was seconded by Councilman Krasnai. For: Council Members: Pedde, Krasnai, Owens, Winn, Davis, Liparoto and Hetzel; Against:None. Motion carried;7 to 0. B. Discussion/Action and/or direction to staff on a Inter-local Agreement between the City of Cibolo and the City of Schertz relating to the provision of free public library services to the citizens of Cibolo. Councilman Owens moved to disapprove an Inter-local Agreement between the City of Cibolo and the City of Schertz relating to the Schertz Public Library. Motion was seconded by Councilman Winn. For: Council Members: Pedde, Krasnai, Owens, Winn, Davis, Liparoto and Hetzel;Against:None. Motion carried 7 to 0. C. Discussion/Action and/or direction to staff on the Agreement between the Cibolo Volunteer Fire Department and the City of Cibolo. Councilman Winn moved to approve the Agreement between the City of Cibolo and the Cibolo Volunteer Fire Department. Motion was seconded by Councilman Owens. For: Council Members: Pedde, Krasnai, Owens, Winn, Davis and Hetzel;Abstain: Liparoto. Motion carried 6 to 0. 2 D. Discussion/Action regarding the Guadalupe County request for an Attorney General opinion on recent annexation by the City of Cibolo. Council discussed the item and no action was taken. E. Discussion/Action on a proposal from Wilshire Homes to landscape and maintain a drainage right-of-way in the Charleston Park Subdivision. Councilman Krasnai moved to approve the request as presented. Motion was seconded by Councilman Owens. For: Council Members: Pedde, Krasnai, Owens, Winn,Davis,Liparoto and Hetzel;Against:None. Motion carried 7 to 0. F. Discussion/Action on confirming the Dedication of Buffalo Crossing Park land. Councilman Winn moved to approve the Dedication of Buffalo Crossing Park Land. Motion was seconded by Councilman Owens. For: Council Members: Pedde, Krasnai, Owens, Winn, Davis, Liparoto and Hetzel; Against:None. Motion carried 7 to 0. G. Discussion/Action and receive a financial report on the 2007 Cibolo fest from the Cibolo Community Advancement Network Councilman Winn moved to accept the financial report on the 2007 Cibolo Fest from the Cibolo Community Advancement Network. Motion was seconded by Councilman Hetzel. For: Council Members: Pedde, Krasnai, Owens, Winn, Davis, Liparoto and Hetzel; Against: None. Motion carried 7 to 0. H. Discussion/Action regarding approval/disapproval of an Agreement between the City of Cibolo and the Cibolo Community Advancement Network (CCAN) for the use of City facilities/property for the 2008 Cibolo Fest/Pumpkin Patch. Councilman Winn moved to approve the Agreement between the City of Cibolo and Cibolo Community Advancement Network with a change to the deposit fee to $500.00 and also the approval and closure of Loop. Motion was seconded by Councilman Hetzel. For: Council Members: Pedde, Krasnai, Owens, Winn, Davis, Liparoto and Hetzel; Against: None. Motion carried 7 to 0. I. Discussion/Action and direction to staff on the selection of a recipient for the Gary Kelly Memorial Community Service Award. Council discussed the item and directed staff to make modifications to the selection process and to bring the item back to council in November. J. Discussion/Action and direction to staff regarding the Wells Ranch Project. Council directed staff to bring this item back to council in November 2008. K. Discussion/Action and direction to staff on the water service request by Bison Ridge and Saddle Creek Ranch. 3 Councilman Winn moved to direct staff to proceed with the studies with the condition that 50% of the engineering cost is paid for by the applicant. Motion was seconded by Councilman Liparoto. For: Council Members: Pedde, Krasnai, Owens, Winn, Davis, Liparoto and Hetzel;Against: None. Motion carried 7 to 0. L. Discussion/Action and direction to staff on the Cibolo Youth Association proposal. Council directed staff to bring back to the first meeting in November a contract with the Cibolo Youth Association for council to look at. M. Discussion/Action regarding the parking restrictions along Borgfeld Road from Dietz Road to Main Street. No action taken. Mayor Hartman adjourned the meeting at 9:25 p.m. for a short break. Mayor Hartman called the meeting back to order at 9:42 p.m. N. Discussion/Action on the re-zoning of the Cibolo downtown area. Nancy McBeth from the Community Development Department explained the multi-zoning requirements for the downtown are to council. O. Discussion/Action and direction to staff on an update of the multi event facility, conducting a ground breaking ceremony, and proposed uses for the facility. City Manager Todd Parton briefed council on the ground breaking ceremony that will take place at the multi event facility on November 12, 2008 at 10:00 a.m. P. Discussion/direction to staff on a request from Intermandeco, Ltd. to amend City of Cibolo Ordinance No. 583 (Sign Ordinance)to allow for"burma shave"within a residential subdivision signs. Council directed staff to bring the people back from the Kiosk Sign Plaza and allow the developer to come back with additional designs for his on-site signs. Q. Discussion/Action to authorize staff to participate in the Flood Mitigation Assistance Grant Program to purchase and improve qualifying property located north of FM 1103 and approximately 500 feet east of Main Street. Councilman Owens moved to authorize staff to participate in the Flood Mitigation Assistance Grant Program. Motion was seconded by Councilman Winn. For: Council Members: Pedde, Krasnai, Owens, Winn, Davis, Liparoto and Hetzel: Against:None. Motion carried 7 to 0. R. Discussion/Action and/or direction to staff on allocating funds from the Veteran's Memorial Park Fund for park beautification. Council directed staff to bring this item back to the first meeting in November. 4 S. 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 reviewed the calendars for November and December 2008. 9. Ordinances A. Approval/Disapproval of an ordinance to rezone 2.0 acres from Commercial Light (C-1) and Residential Single Family Low Density(R-1)to Places of Assembly. Councilman Owens moved to approve the ordinance to rezone 2.0 acres from Commercial Light (C-1) and Residential Single Family Low Density (R-1) to Places of Assembly. Motion was seconded by Councilwoman Davis. For: Council Members: Pedde, Krasnai, Owens, Winn, Davis, Liparoto and Hetzel; Against:None. Motion carried 7 to 0. B. Approval/Disapproval of an ordinance to rezone 0.522 acres from Commercial Light(C-1)to General Heavy Commercial (C-2G). Councilman Winn moved-to approve an ordinance to rezone 0.522 acres from Commercial Light (C-1) to General Heavy Commercial (C-2G). Motion was seconded by Councilwoman Davis. For: Council Members: Pedde, Krasnai, Owens, Winn, Davis, Liparoto and Hetzel; Against: None. Motion carried 7 to 0. C. Approval/Disapproval of an ordinance to annex 76.87 acres of land situated out of the Geronimo Leal Survey, Abstract No. 210, Guadalupe County, Texas, generally located east of Tolle Road, south of Country Lane. Councilman Winn moved to approve an ordinance to annex 76.87 acres of land located east of Tolle Road and south of Country Lane. Motion was seconded by Councilman Liparoto. 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 Ordinance 658 for adoption of Article 80 of the National Electric Code;by adding the 2008 edition of the National Electric Code. Councilman Liparoto moved to approve an ordinance amending Ordinance 658 for adoption of Article 80 of the National Electric Code by adding the 2008 edition of the National Electric Code. Motion was seconded by Councilman Krasnai. For: Council Members: Pedde, Krasnai, Owens, Winn, Davis,Liparoto and Hetzel; Against:None. Motion carried 7 to 0. E. Approval/Disapproval of an ordinance to set the date,time and place for a Public Hearing on the involuntary annexation by the City of Cibolo of a 31.23 acre tract (Tract A) of land generally located on the south side of 1H 35 at the City of Cibolo's western boundary; a 54.95 acre tract (Tract B) of land generally located on Dean Road, south of Old Wiederstein Road; a 19.97 acre tract (Tract C) generally located on Old Wiederstein Road, west of FM 1103; and a 893.32 acre tract (Tract D) of land generally located on both sides of Green Valley Road between Town Creek Road and FM 1103; authorizing publication of the public hearing notice and directing the City Manager to prepare a service plan. 5 Councilman Winn moved to approve an ordinance setting dates,times and place (Nov 12 &Nov 13, at 200 S. Main starting at 7:00 p.m.) for a Public Hearing on the involuntary annexation of 31.23 acre tract (Tract A), a 54.95 acre tract (Tract B), a 19.97 acre tract (Tract C) and a 893.32 acre tract (Tract D). Motion was seconded by Councilman Krasnai. For: Council Members: Pedde, Krasnai, Owens, Winn, Davis, Liparoto and Hetzel; Against: None. Motion carried 7 to 0. F. Approval/Disapproval of an ordinance setting dates, times and place for a Public Hearing on the proposed involuntary annexation by the City of Cibolo of a 116.98 acre tract(Tract E) of land generally located on the west side of FM 1103, south of Wiedner Road; a 93.91 acre tract (Tract F) of land generally located at the intersection of FM 1103 and Brite Road; a 74.10 acre tract (Tract G) of land located on Tolle Road, south of FM 1103; authorizing publication of the public hearing notice and directing the City Manager to prepare a service plan. Councilman Winn moved to approve the ordinance setting dates, times and place (Nov 12 & Nov 13, 200 S. Main at 7:00 p.m.) for a Public Hearing on the proposed involuntary annexation of a 116.98 acre tract (Tract E), a93.91 acre tract (Tract F) and a 74.10 acre tract (Tract G). Motion was seconded by Councilwoman Davis. For: Council Members: Pedde,Krasnai, Owens, Winn, Davis,Liparoto and Hetzel;Against:None. Motion carried 7 to 0. 10. Resolutions A. Approval/Disapproval of a resolution to adopt the Hazard Mitigation Plan for the AACOG Region. Councilwoman Davis moved to approve the resolution to adopt the Hazard Mitigation Plan for the AACOG Region. Motion was seconded by Councilman Winn. For: Council Members: Pedde, Krasnai, Owens, Winn, Davis, Liparoto and Hetzel; Against: None. Motion carried 7 to 0. B. Approval/Disapproval of a resolution amending the Cibolo Creek Municipal Authority boundaries. Councilman Winn moved to approve the resolution amending the Cibolo Creek Municipal Authority boundaries. Motion was seconded by Councilwoman Davis. For: Council Members: Pedde, Krasnai, Owens, Winn, Davis, Liparoto and Hetzel; Against: None. Motion carried 7 to 0. 11. Staff Updates A. Capital Projects Schedule—2006/2007 Bond Projects. B. Update on Main Street Reconstruction Sign. C. Departmental Reports. City Manager Todd Parton briefed council on the above items. 6 12. City Council request(s) regarding_specific items or staff reports to be scheduled for future aizendas. No council members ask for any special items to be added to the agenda. 13. Adjournment Councilwoman Davis moved to adjourn the meeting at 10:39 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 28TH DAY OF OCTOBER 2008. Jennifetra an Mayor ATTEST: '7 '7 Peggy Cimics City Secretary 7