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Min CC 06/24/2008 REGULAR CITY COUNCIL MEETING ti or c,s o CIBOLO MUNICIPAL BUILDING 200 S.MAIN June 24,2008 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 Councilman Hetzel Staff City Manager Todd Parton City Secretary Peggy Cimics City Attorney Miguel Matos Police Chief Tom Curd Fire Chief Roger Niemietz Community Development—Nancy McBeth&Jonette Ellis 3. Invocation—Invocation was given by Councilwoman Davis 4. Pledge of Allegiance—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, not m?Ly 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. (Attorney General Opinion—JC-0169)(Limit of three minutes each). Mr.Bob-Kuehner,2165-Persimmon spoke to council on the annexation of tract.A 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 June 10,2008 B. Approval of the minutes of the Budget Workshop on June 14,2008, C. Approval of the minutes of the Special.Council Meeting held on June 17,2008. D. Acceptance of the Revenue &Expense Report for the Month of May 2008 pending.finalacceptance of the City's financial audit for the 2008 Fiscal Year: E. Acceptance of the May 2008 Check Register pending.final acceptance of the.City's financial audit for the 2008 Fiscal Year. Councilman Owens moved to approve the consent agenda. Motion was seconded by Councilman Winn. For: Council Members: Pedde,Krasnai, Owens,Winn,Davis and Hetzel;Against:None. Motion carried 6 to 0. 7. Public Hearing A. Conduct a Public Hearing on the rezoning of 4.60 acres of land from Commercial Light (C-1) to Residential Single Family Rural (RU). The tract is situated out of the Trinidad Garcia Survey, Abstract No. 137, Guadalupe County, Cibolo, Texas, and is generally located west of the Cibolo Valley Ranch Subdivision on FM 1103. Mayor Hartman opened the Public Hearing at 7:03 p.m. No one spoke on the public hearing item and the Mayor closed the Public Hearing at 7:04 p.m. 8. Discussion/Action A. Discussion/Action on the removal, appointments and re-appointments to Cibolo Boards, Commissions and Committees. No action taken. B. Discussion/Action on accepting the resignation of Bob Hicks City Council Member,Place 6.(Staff) Councilman Owens moved to approve the resignation of Bob Hicks Council Member Place 6. Motion was seconded by Councilwoman Davis. For: Council Members: Pedde, Owens, Davis and Hetzel;Against: Council Members Krasnai and Winn. Motion carried 4 to 2. C. Discussion/Action on filling the vacancy of the unexpired term of City Council Place 6, seat vacated by Bob Hicks. Councilman Krasnai moved to have interested citizens to submit letters of interest to the city secretary by the close of business on July 7, 2008 so council could possible appoint a replacement at the July 8t`council meeting. Councilman Krasnai also requested that all committee and commission members be informed of a vacancy on council and to place the vacancy on the city web site. Motion was seconded by Councilman Winn. For: Council Members: Pedde, Krasnai, Owens, Winn, Davis and Hetzel;Against:None. Motion carried 6 to 0. D. Discussion/Action on a combination preliminary/fmal plat for the Cibolo Public Works Subdivision. The 9.364 acre tract is situated out of the A.S. Lewis Survey No. 87, Abstract No. 216, City of Cibolo, Guadalupe County, Texas, and is generally located northwest of the extension of Cibolo Drive. Councilman Pedde moved to approve the combination preliminary/final plat for the Cibolo Public Works Subdivision. Motion was seconded by Councilman Owens. For: Council Members: Pedde, Krasnai,Owens,Winn,Davis and Hetzel;Against:None. Motion carried 6 to 0. E. Discussion/Action regarding the bid results received for the Main Street Offsite Drainage Improvements. Bid results were explained by the City Manager Todd Parton. F. Discussion/Action to award the bid for the Main Street Offsite Drainage Improvements. Councilman Winn moved to approve awarding the.bid for the Main Street Offsite Drainage Improvements to A&E Construction with a total bid of$264,130.29. Motion was seconded by Councilwoman Davis. For: Council Members: Pedde, Krasnai, Owens, Winn, Davis and Hetzel; Against:None. Motion carried 6 to 0. G. Discussion/Action and direction to staff on creating an"Old Town"Zoning District. Councilman Krasnai direct staff to prepare a zoning district for the historic core area and present it to the Planning and Zoning Commission for recommendations to the City Council. Motion was seconded by Councilman Winn. For: Council Members: Pedde, Krasnai, Owens, Winn, Davis and Hetzel;Against:None. Motion carried 6 to 0. H. Discussion/Action to provide direction to staff on Capital Projects contemplated for a November 2008 General Obligation Bond Proposition. Capital Projects contemplated for a November 2008 General Obligation Bond Proposition was briefed by the City Manager Todd Parton. I. 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 June/July 2008. 9. Resolutions A. Approval/Disapproval of a resolution authorizing a grant application to U.S. Department of Homeland Security for fiscal year 2008 Staffing for Adequate Fire and Emergency Response (SAFER)grant program. Councilman Winn moved to approve the resolution authorizing a grant application to U.S. Department of Homeland Security for SAFER grant program. Motion was seconded by Councilwoman Davis. For: Council Members: Pedde, Krasnai, Owens, Winn, Davis and Hetzel; Against:None. Motion carried 6 to 0. B. Approval/Disapproval of a resolution amending the 2008 Service Plan for areas described by the annexation map as Tracts A-K being considered for annexation on June 24, 2008; allowing residents to keep their current septic system; and providing for other exceptions. Councilman Winn moved to approve a resolution amending the 2008 Service Plan for areas described by the annexation map as Tracts A-K being considered for annexation on June 24, 2008, allowing residents to keep their current septic system, and providing for other exceptions. Motion was seconded by Councilwoman Davis. For: Council Members: Pedde, Krasnai, Owens, Winn, Davis and Hetzel;Against:None. Motion carried 6 to 0. 10. Ordinances A. Approval/Disapproval of an ordinance annexing 65.00 acres generally located along the north and south sides of Green Valley Road, east of the Schertz city limits and west of the existing city limit line of the City of Cibolo, Guadalupe County, Texas; and approving a service plan as amended for such areas. Councilman Winn moved to approve an ordinance annexing 65.00 acres generally located along the north and south side of Green Valley Road, east of the Schertz city limits and west of the existing city limit line of the City of Cibolo. Motion was seconded by Councilman Owens. For: Council Members: Pedde, Krasnai, Owens, Winn and Davis; Against: Councilman Hetzel. Motion carried 5 to 1. A.1 Approval/Disapproval of an ordinance annexing 65.00 acres generally located along the north and south sides of Green Valley Road, east of the Schertz city limits and west of the existing city limit line of the City of Cibolo,Guadalupe County,Texas;and approving a service plan for such areas. No action taken. B. Approval/Disapproval of an ordinance annexing 24.98 acres generally located east of Cibolo Valley Drive, south of Kove Lane, surrounded by the existing City limit line of the City of Cibolo, Guadalupe County,Texas; and approving a service plan as amended for such areas. Councilman Winn moved to approve an ordinance annexing 24.98 acres generally located east of Cibolo Valley Drive, south of Kove Lane, surrounded by the existing City limit line of the City of Cibolo. Motion was seconded by Councilman Krasnai. For: Council Members: Pedde, Krasnai, Owens,Winn,Davis and Hetzel;Against:None. Motion carried 6 to 0. B-1 Approval/Disapproval of an ordinance annexing 24.98 acres generally located east of Cibolo Valley Drive, south of Kove Lane, surrounded by the existing City limit line of the City of Cibolo, Guadalupe County,Texas;and approving a service plan for such areas. No action taken. C. Approval/Disapproval of an ordinance annexing 27.80 acres generally located on the north side of Borgeld Road east of the Falcon Ridge Subdivision and west of Cibolo Valley Drive, surrounded by the existing City limit line of the City of Cibolo, Guadalupe County, Texas; and approving a service plan as amended for such areas. Councilman Winn moved to approve an ordinance annexing 27.80 acres generally located on the north side of Borgeld Road east of the Falcon Ridge Subdivision and west of Cibolo Valley Drive, surrounded by the existing City limit line of the City of Cibolo. Motion was seconded by Councilman Krasnai. For: Council Members: Pedde, Krasnai, Owens, Winn, Davis and Hetzel; Against:None. Motion carried 6 to 0. C-1 Approval/Disapproval of an ordinance annexing 27.80 acres generally located on the north side of Borgeld Road east of the Falcon Ridge Subdivision and west of Cibolo Valley Drive, surrounded by the existing City limit line of the City of Cibolo, Guadalupe County, Texas; and approving a service plan for such areas. No action taken. D. Approval/Disapproval of an ordinance annexing 40.97 acres generally located south of Country Lane, east of Haeckerville Road, west of the existing City limit line of the City of Cibolo, Guadalupe County,Texas; and approving a service plan as amended for such areas. Councilman Winn moved to approve an ordinance annexing 40.97 acres generally located south of Country Lane, east of Haeckerville Road, west of the existing City limit line of the City of Cibolo. Motion was seconded by Councilwoman Davis. For: Council Members: Pedde, Krasnai, Owens, Winn,Davis and Hetzel;Against:None. Motion carried 6 to 0. D-1 Approval/Disapproval of an ordinance annexing 40.97 acres generally located south of Country Lane, east of Haeckerville Road,west of the existing City limit line of the City of Cibolo, Guadalupe County,Texas; and approving a service plan for such areas. No action taken. E. Approval/Disapproval of an ordinance annexing 34.89 acres generally located south of FM 78 known as Falcon Crest Estates and surrounding properties east of the existing City limit line of the City of Cibolo,Guadalupe County,Texas;and approving a service plan as amended for such areas. Councilman Pedde moved to approve an ordinance annexing 34.89 acres generally located south of FM 78 known as Falcon Crest Estates and surrounding properties east of the existing City limit line of the City of Cibolo. Motion was seconded by Councilman Krasnai. For: Council Members: Pedde, Krasnai, Owens,Winn,Davis and Hetzel;Against:None. Motion carried 6 to 0. E-1 Approval/Disapproval of an ordinance annexing 34.89 acres generally located south of FM 78 known as Falcon Crest Estates and surrounding properties east of the existing City limit line of the City of Cibolo,Guadalupe County,Texas;and approving a service plan for such areas. No action taken. F. Approval/Disapproval of an ordinance annexing 374.21 acres generally located south of Country Lane, east of Haeckerville Road, north of Lower Seguin Road, adjacent to the existing City limits of the City of Cibolo, Guadalupe County, Texas; and approving a service plan as amended for such areas. Councilman Pedde moved to approve an ordinance annexing 374.21 acres generally located south of Country Lane, east of Haeckerville Road, north of Lower Seguin Road, adjacent to the existing City limits of the City of Cibolo. Motion was seconded by Councilman Krasnai. For: Council Members: Pedde,Krasnai,Owens,Winn,Davis and Hetzel;Against:None. Motion carried 6 to 0. F-1 Approval/Disapproval of an ordinance annexing 374.21 acres generally located south of Country Lane, east of Haeckerville Road, north of Lower Seguin Road, adjacent to the existing City limits of the City of Cibolo,Guadalupe County,Texas;and approving a service plan for such areas. No action taken. G. Approval/Disapproval of an ordinance establishing a zoning classification for a 4.6 acre tract of land owned by Victor and Mary Zengerle to be re-zoned from Commercial Light (C-1) to Residential Single Family Rural(RU);providing an effective date. Councilman Winn moved to approve an ordinance establishing a zoning classification for a 4.6 acre tract from Commercial Light (C-1) to Residential Single Family Rural (RU). Motion was seconded by Councilman Krasnai. For: Council Members: Krasnai, Owens Winn and Hetzel;Against: Council Members: Davis and Pedde. Motion carried 4 to 2. 11. Staff Updates A. Capital Projects Schedule—2006/2007 Bond Projects B. Departmental Reports C. Veterans Memorial Park D. City Website The above items were briefed by Todd Parton,City Manager. 12. 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 regarding legal issues surrounding Koehler drainage casement. B. Discussion on threatened litigation regarding annexation of Tract A. Council convened into Executive Session at 8:01 p.m. 13. Open Session Reconvene into Regular Session and take action/or give staff direction, if necessary, on the items discussed in Executive Session. Council reconvened into regular session at 8:52 p.m. 14. City Council requests regarding specific items or staff reports to be scheduled for future agendas. Councilman Owens requested an item be placed on the agenda concerning procedures on returning calls to citizens that spoke at the council meeting under Citizens to be Heard portion of the meeting. Councilwoman Davis requested an item on the agenda concerning placing a canopy over the playscape at Cibolo Veterans Memorial Park. Councilwoman Davis would also like an update on the restrooms to be installed at Veterans Memorial Park. 15. Adiournment Councilwoman Davis moved to adjourn the meeting at 8:55 p.m. Motion was seconded by Councilman Owens. For: Council Members: Pedde, Krasnai, Owens, Winn, Davis and Hetzel; Against: None. Motion carried 6 to 0. PASSES AND APPROVED THIS 8TH DAY OF JULY 2008. ennife artman Mayor ATTEST: Peggy Cimics City Secretary