Min CC 05/27/2008 REGULAR CITY COUNCIL MEETING
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CIBOLO MUNICIPAL BUILDING
200 S.MAIN
May 27,2008
7:00 P.M.
MINUTES
1. Call to Order - Meeting called to order by Mayor Hartman at 7:01 p.m..
2. Roll:Call
-Mayor Hartman
Councilman Pedde
Councilman Krasnai—absent
Councilman Owens-absent
Councilman Winn
Councilwoman Davis
Councilman Hicks
Councilman Hetzel
Staff. City Manager—Todd Parton
City Secretary—Peggy Cimics
City Attorney—Miguel Matos
Police Chief—MarkRiffle
Fire Chief—Roger Niemietz
Finance—Lara Feagins
Planning—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, 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. (Attorney
.General Opinion—JC-0169)(Limit of three minutes each).
No citizens to be heard.-
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 May 13,2008.
B. Acceptance of the Revenue:&Expense Report for the Month of April 2008 pending final acceptance
of the City's financial audit for the 2008 Fiscal Year.
C. Acceptance of the April 2008 Check Register pending final acceptance of the City's financial audit
for the 2008 Fiscal Year.
Councilman Winn moved to approve the consent agenda. Motion was seconded by Councilman Hicks.
For: Council members:Pedde,Winn,Davis,Hicks and Hetzel;Against:None. Motion carried 5 to 0.
7. Public Hearing
A. Conduct a Public Hearing on the involuntary annexation of all properties located in the City of
Cibolo's Extraterritorial Jurisdiction(ETJ)
Tract A
BEGINNING: Along the Northwest Right-of-Way of Green Valley Road at a point
adjacent to the City Limit line of the City of Cibolo, Guadalupe County,Texas, and
described more specifically as:
THENCE:NORTH 57°28' 39"EAST,a distance of 260.42 to a point;
SOUTH 290 48' 45"EAST, a distance of 507.57 to a point;
SOUTH 580 51' 41"WEST,a distance of 209.01 to a point;
SOUTH 310 38' 22"EAST, a distance of 912.92 to a point;
SOUTH 56°24' 36"WEST,a distance of 226.72 to a point;
NORTH 320 34' 18"WEST,a distance of 857.61 to a point;
SOUTH 580 22' 45"WEST, a distance of 243.63 to a point;
SOUTH 310 59' 21"EAST,a distance of 864.02 to a point;
SOUTH 56°40' 09"WEST,a distance of 224.36 to a point;
SOUTH 330 25' 19"EAST,a distance of 699.02 to a point;
SOUTH 580 12' 58"WEST,a distance of 729.32 to a point;
NORTH 320 16' 52"WEST,a distance of 794.21 to a point;
NORTH 570 43' 35"EAST, a distance of 90.27 to a point;
Along a tangent curve to the left with a radius of 49.47 feet,a tangent length of 53.06
feet, a central angle of 94° 01' 06", a distance of the chord of which bears South 67°
40' 25"East for a distance of 72.36 feet and along the arc of said curve for a distance
of 81.17 feet to a point;
THENCE: SOUTH 290 09' 54"EAST,a distance of 106.33 to a point;
NORTH 600 02' 21"EAST,a distance of 439.91 to a point;
SOUTH 36° 53' 28"EAST,a distance of 375.07 to a point;
NORTH 600 02' 30"EAST,a distance of 556.71 to a point;
NORTH 460 53' 10"EAST,a distance of 193.48 to a point;
NORTH 470 59' 42"EAST, a distance of 60.60 to a point;
THENCE: South 31° 09' 59"East,a distance of 141.29 feet,to the point of beginning
and containing 65.00 Acres more or less and referenced on the annexation map as
Tract A.
Mayor Hartman opened the Public Hearing at 7:07 p.m.
The following individuals spoke in opposition to the annexation:Tract A
Audra&Mike Mead,2084 Persimmon Dr., Cibolo
Judy&Randy Santos,2083 Persimmon Dr.,Cibolo
Dean Danos, 108 Agarita Circle,Cibolo
Emmett Hagedorn,334 Green Valley Loop, Cibolo,
Barbara Ricks,2051 Persimmon Dr., Cibolo
Gene Somogyi,2152 Persimmon Dr, Cibolo
Barbara&David Patrick, 102 Plum Circle,Cibolo
Wayne Zeigler, 1822 Green Valley Rd, Cibolo
V.J. &Mrs Triche, 106 Chaparral Circle,Cibolo
Jennifer Sweaney, 109 Agarita Circle,Cibolo
Jason Forsberg, 1910 Green Valley Rd, Cibolo
Bob Kuehner,2165 Persimmon Dr., Cibolo
Don&Carol Sonney,2114 Persimmon Dr.,Cibolo
Lynn Hawley, 104 Mesquite Circle,Cibolo
Richard&Norma Mashburn, 1842 Green Valley Road,Cibolo
Betty Thumm, 187 Green Valley Loop, Cibolo
Ron Spanley, 116 Agarita Circle,Cibolo
Diane&Hal Cambell, 115 Mesquite Circle, Cibolo
Tina Harris, 104 Mesquite Circle, Cibolo
Yogi Ybarra, 112 Mesquite Circle, Cibolo
Les Maruquin, 1915 Green Valley Road,Cibolo
Ed Fiedler, 1835 Green Valley Rd,Cibolo
Albaro Vijil,PO Box 364,Cibolo
Ronnie Mason, 121 Falcon Dr.
Mayor Hartman closed the Public Hearing at 8:07 p.m.
B. Conduct a Public Hearing on the involuntary annexation of all properties located in the City of
Cibolo's Extraterritorial Jurisdiction (ETJ) and referenced on the annexation map as Tract B, C and
D and described more specifically as:
Tract B
BEGINNING: At a point along Cibolo Valley Road adjacent to the City Limit line of
the City of Cibolo,Guadalupe County,Texas.
THENCE: Along a tangent curve to the left with a radius of 359.14 feet,a tangent
length of 117.90 feet,a central angle of 36° 20' 56", a distance of the chord of which
bears North 07° 40' 41"West for a distance of 224.04 feet and along the arc of said
curve for a distance of 227.84 feet to a point;
Along a tangent curve to the left with a radius of 502.71 feet, a tangent length of
192.26 feet,a central angle of 41° 51' 28",a distance of the chord of which bears
North 10° 22' 36"West for a distance of 359.14 feet and along the arc of said curve
for a distance of 367.25 feet to a point;
NORTH 310 04' 3 8"WEST,a distance of 220.07 to a point;
Along a tangent curve to the left with a radius of 404.04 feet,a tangent length of
171.55 feet,a central angle of 46° 00' 44",a distance of the chord of which bears
North 08° 57' 45"West for a distance of 315.82 feet and along the arc of said curve
for a distance of 324.47 feet to a point;
NORTH 140 02' 53"EAST,a distance of 97.44 to a point;
NORTH 590 14' 30"EAST, a distance of 460.23 to a point;
SOUTH 320 13' 26"EAST, a distance of 155.23 to a point;
THENCE: SOUTH 610 09' 19"WEST, a distance of 887.89 to the point of
beginning and containing 18.98 Acres more or less.
Tract C
BEGINNING: Along a point on Kove Lane within the City Limits of the City of
Cibolo,Guadalupe County,Texas.
THENCE: NORTH 590 33' 18"EAST,a distance of 121.14 to a point;
SOUTH 310 40' 23"EAST, a distance of 3 83.66 to a point;
SOUTH 590 07' 25"WEST,a distance of 127.63 to a point;
NORTH 300 42' 12"WEST, a distance of 384.54 to the point and containing 1.00
Acres more or less.
Tract D
BEGINNING: At a point on Kove Lane within the City Limits of the City of Cibolo,
Guadalupe County,Texas.
THENCE: NORTH 59°38' 26"EAST,a distance of 192.43 to a point;
SOUTH 31° 05' 20"EAST, a distance of 155.73 to a point;
SOUTH 580 00' 49"WEST, a distance of 195.94 to a point;
THENCE: NORTH 30° 54' 58"WEST,a distance of 161.26 to the point of
beginning and containing 5.00 Acres more or less.
Mayor Hartman opened the Public Hearing at 8:08 p.m.
The following individual spoke in opposition to the annexation: Tract B
Kenneth Ratcliff,3200 Cibolo Valley Drive,Cibolo
Mayor Hartman closed the Public Hearing at 8:14 p.m.
C. Conduct a Public Hearing on the involuntary annexation of all properties located in the City of
Cibolo's Extraterritorial Jurisdiction (ETJ) and referenced on the annexation map as Tract E, and
described more specifically as:
Tract E
BEGINNING: At a point on Borgeld Road within the City Limits of the City of
Cibolo,Guadalupe County,Texas.
THENCE: SOUTH 62°29' 13"WEST, a distance of 95.08 to a point;
SOUTH 770 44' 26"WEST,a distance of 531.19 to a point;
SOUTH 740 51' 30"WEST,a distance of 383.53 to a point;
NORTH 220 14' 28"WEST,a distance of 260.19 to a point;
NORTH 290 22' 23"WEST,a distance of 791.08 to a point;
SOUTH 600 14' 20"WEST,a distance of 470.01 to a point;
NORTH 300 52' 55"WEST, a distance of 259.88 to a point;
NORTH 590 48' 41"EAST, a distance of 099.08 to a point;
SOUTH 310 19' 10"EAST, a distance of 165.08 to a point;
NORTH 58°49' 10"EAST, a distance of 206.07 to a point;
THENCE: SOUTH 330 43' 13"EAST,a distance of 407.39 to the point of
beginning and containing 27.80 Acres more or less.
Mayor Hartman opened the Public Hearing at 8:15 p.m.
The following individual spoke in opposition to the annexation: Tract E
Gary Birdwell,2513 Hidden Grove
Mayor Hartman closed the Public Hearing at 8: 18 p.m.
D. Conduct a Public Hearing on the involuntary annexation of all properties located in the City of
Cibolo's Extraterritorial Jurisdiction(ETJ)and referenced on the annexation map as Tract F,and
described more specifically as:
Tract F
BEGINNING: At a point on Country Lane and adjacent to the City Limit line of the
City of Cibolo, Guadalupe County,Texas.
THENCE: NORTH 580 25' 19"EAST,a distance of 328.78 to a point;
SOUTH 310 00' 25"EAST,a distance of 293.59 to a point;
SOUTH 600 10' 16"WEST, a distance of 228.21 to a point;
SOUTH 31°47' 20"EAST,a distance of 747.35 to a point;
NORTH 590 09' 05"EAST,a distance of 218.98 to a point;
SOUTH 300 53' 20"EAST, a distance of 64.40 to a point;
NORTH 580 20' 27"EAST,a distance of 83.10 to a point;
SOUTH 320 30' 07"EAST, a distance of 348.40 to a point;
SOUTH 580 23' 32"WEST,a distance of 412.81 to a point;
THENCE:NORTH 31°21' 52"WEST,a distance of 450.11 to the point of
beginning and containing 40.97 Acres more or less.
Mayor Hartman opened the Public Hearing at 8:16 p.m.
The following individual spoke in opposition to the annexation: Tract F
Albert deCento, 326 Crystal Valley Dr,
Mayor Hartman closed the Public Hearing at 8:18 p.m.
E. Conduct a Public Hearing on the involuntary annexation of all properties located in the City of
Cibolo's Extraterritorial and referenced on the annexation map as Tract H, and described more
specifically as:
Tract H
BEGINNING: At a point on F.M. 78 adjacent to the City Limit line of the City of
Cibolo,Guadalupe County,Texas.
THENCE:NORTH 83°22' 52"EAST,a distance of 110.79 to a point;
SOUTH 310 29' 06"EAST, a distance of 264.47 to a point;
SOUTH 580 04' 32"WEST,a distance of 014.86 to a point;
THENCE:NORTH 310 15' 14"WEST,a distance of 739.35 to the point of
beginning and containing 34.89 Acres more or less.
Mayor Hartman opened the Public Hearing at 8:19 p.m.
No individual spoke and the Mayor closed the Public Hearing at 8:20 p.m.
F. Conduct a Public Hearing on the involuntary annexation of all properties located in the City of
Cibolo's Extraterritorial Jurisdiction(ETJ)and referenced in the annexation map as Tracts G,I,J
and K,and described more specifically as:
Tract G
BEGINNING: At a point on Park Valley Drive and adjacent to the City Limit line of
the City of Cibolo,Guadalupe County,Texas.
THENCE:NORTH 58°23' 32"EAST,a distance of 877.92 to a point;
NORTH 320 30' 07"WEST,a distance of 348.40 to a point;
NORTH 580 43' 07"EAST, a distance of 925.51 to a point;
SOUTH 310 38' 34"EAST, a distance of 920.04 to a point;
SOUTH 580 33' 16"WEST,a distance of 319.26 to a point;
NORTH 710 20' 04"WEST, a distance of 205.02 to a point;
NORTH 850 25' 39"WEST,a distance of 78.21 to a point;
SOUTH 860 29' 49"WEST,a distance of 311.93 to a point;
THENCE: NORTH 340 06' 11"WEST, a distance of 228.36 to the point of
beginning and containing 70.40 Acres more or less.
Tract I
BEGINNING: At a point of on Haeckerville Road within the ETJ of the City of
Cibolo,Guadalupe County,Texas.
THENCE:NORTH 31° 15' 04"WEST,a distance of 184.66 to a point;
NORTH 570 38' 59"EAST,a distance of 229.13 to a point;
SOUTH 310 09' 27"EAST, a distance of 186.80 to a point;
THENCE: SOUTH 570 44' 56"WEST, a distance of 228.79 to the point of
beginning and containing 5.10 Acres more or less.
Tract J
BEGINNING: At a point along Haeckerville Road in the ETJ of the City of Cibolo,
Guadalupe County,Texas.
THENCE:NORTH 33° 04' 29"WEST,a distance of 108.46 to a point;
NORTH 580 15' 59"EAST, a distance of 108.46 to a point;
SOUTH 330 04' 29"EAST,a distance of 108.46 to a point;
THENCE: SOUTH 580 15' 59"WEST,a distance of 108.46 to the point of
beginning and containing.27 Acres more or less.
Tract K
BEGINNING: At the intersection of Arizpe Road and Haeckerville Road and
residing within the ETJ of the City of Cibolo,Guadalupe County,Texas.
THENCE: Continuing along Arizpe Road,NORTH 58° 24' 10"EAST, a distance
of 274.47 to a point;
SOUTH 300 48' 15"EAST,a distance of 763.39 to a point;
NORTH 580 54' 22"EAST, a distance of 265.84 to a point;
SOUTH 310 39' 21"EAST,a distance of 779.03 to a point on Lower Seguin Road;
THENCE: Along Lower Seguin Road, SOUTH 770 24' 42"WEST,and continuing a
distance of 787.79 to a point;
THENCE:NORTH 31° 17' 30"WEST, a distance of 959.40 to a point;
SOUTH 570 39' 46"WEST,a distance of 785.46 to a point;
NORTH 330 13' 35"WEST,a distance of 392.36 to a point;
SOUTH 58°23' 43"WEST, a distance of 2023.30 to a point on Haeckerville Road;
THENCE: Continuing NORTH 31°42' 33"WEST on Haeckerville Road,for a
distance of 629.81 to the point of beginning at the intersection of Arizpe Road and
Haeckerville Road and containing 298.44 Acres more or less.
Mayor Hartman opened the Public Hearing at 8:21 p.m.
The following individual spoke in opposition to the annexation: Tract J
Jack Pogue,250 Park Valley
Mayor Hartman closed the Public Hearing at 8:26 p.m.
Mayor Hartman announced that Council would take at short break and reconvene in approximately 20
minutes.
Council reconvened at 8:52 p.m.
8. Presentation
A. Drainage Utility Presentation on the Funding of Storm Water Improvements.
Council received a presentation on Funding for Stormwater Management from George Oswald and Chris
Stewart from Espey Consultants,Inc.
9. Discussion/Action
A. Discussion/Action on the removal, appointments and re-appointments to Cibolo Boards,
Commissions and Committees.
No action taken.
B. Discussion/Action and direction to staff on the Byron P. Steele athletic shield being added to the new
water tower on FM 1103.
Council discussed the item and directed staff to get more information from Steele High School and bring
back to the next regular scheduled meeting.
C. Discussion/Action and direction to staff on the scope for the Town Creek West Phase I Project.
Councilman Winn moved to approve the scope of services agreement to authorize Espey Consultants to
design and construct the Town Creek West Drainage Project Phase 1. Motion was seconded by
Councilwoman Davis. For: Council Members: Pedde, Winn, Davis, Hicks and Hetzel; Against: None.
Motion carried 5 to 0.
D. Discussion/Action and/or provide staff direction on appointing special counsel for assistance with the
single certification process under Chapter 13 of the Texas Water Code.
Councilman Winn moved to hire Bickerstaff Heath Delgado Acosta to represent the City of Cibolo for
the acquisition of water and sewer utility service territory. Motion was seconded by Councilman Hicks.
For: Council Members: Pedde,Winn,Davis,Hicks and Hetzel;Against:None. Motion carried 5 to 0.
E. Discussion/Action and provide direction to staff on a letter from the State Energy Conservation
Office requiring cities to set a goal to reduce electric consumption annually by 5% for the next six
years.
Councilwoman Davis moved to direct City staff to prepare an energy management program as required
by the Texas Energy Partnership Program. Motion was seconded by Councilman Hicks. For: Council
Members: Pedde, Winn, Davis, Hicks and Hetzel; Against: None. Motion carried 5 to 0. Councilman
Winn also suggested that the Mayor's Task Force for recycling projects work with staff on the energy
program.
F. Discussion/Action to provide direction to staff on Capital Projects contemplated for a November
2008 General Obligation Bond Proposition.
Councilman Winn moved to confirm the project schedule as presented. Motion was seconded by
Councilwoman Davis. For: Council Members: Pedde, Winn, Davis, Hicks and Hetzel; Against: None.
Motion carried 5 to 0.
G. 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 May,June and July 2008. No changes noted.
10. Ordinances
A. Approval/Disapproval of an ordinance amending the FY 2008 Budget.
Councilman Winn moved to approve the ordinance amending the FY 2008 Budget. Motion was
seconded by Councilwoman Davis. For: Council Members: Pedde, Winn, Davis, Hicks and Hetzel;
Against:None. Motion carried 5 to 0.
B. Approval/Disapproval of an ordinance providing for the extension of Cibolo city limits by the
annexation of a tract of land containing 3.4 acres located south of FM 78 along Country Lane and
approving a Service Plan for such area.
Councilman Winn moved to approve the ordinance annexing 3.4 acres located south of FM 78 along
Country Lane and approving the Service Plan. Motion was seconded by Councilman Pedde. For:
Council Members: Pedde,Winn,Davis,Hicks and Hetzel;Against:None. Motion carried 5 to 0.
C. Approval/Disapproval of an ordinance amending Ordinance No. 583, Sign Ordinance by prohibiting
new billboard construction and prohibiting the conversion of existing billboards into changeable
electronic variable message signs(CEVMS)in reference billboards and electronic signs.
Councilman Hicks moved to approve the ordinance amending Ordinance No. 583 by prohibiting new
billboard construction and prohibiting the conversion of existing billboards into changeable electronic
message signs. Motion was seconded by Councilman Pedde. For: Council Members: Pedde, Winn,
Davis,Hicks and Hetzel;Against:None. Motion carried 5 to 0.
D. Approval/Disapproval of an ordinance to prohibiting overnight parking of commercial vehicles on
Schneider Drive, Guadalupe Drive, Industrial Drive and Cibolo Drive and directing the Chief of
Police and City Engineer to erect the appropriate signs.
Councilman Winn moved to approve the ordinance prohibiting overnight parking of commercial vehicles
on Schneider, Guadalupe, Industrial and Cibolo Drive. Motion was seconded by Councilwoman Davis.
For: Council Members:Pedde,Winn,Davis,Hicks and Hetzel;Against:None. Motion carried 5 to 0.
11. Resolutions
A. Approval/Disapproval of a resolution authorizing the filing of a grant application with the Alamo
Area Council of Governments for a Regional Solid Waste Grants Program and authorizing the Mayor
to act on behalf of the City of Cibolo.
Councilman Hicks moved to approve the resolution authorizing the Mayor to act on behalf of the City of
Cibolo in the filing of a grant application with the Alamo Area Council of Governments for a Regional
Solid Waste Grant Program. Motion was seconded by Councilwoman Davis. For: Council members:
Pedde,Winn,Davis,Hicks and Hetzel;Against:None. Motion carried 5 to 0.
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. Deliberate potential litigation involving the Green Valley Special Utility District.
Council convened into executive session at 9:50 p.m.
13. Open Session
Reconvene into Regular Session and take action/or give staff direction,if necessary,on items discussed in
Executive Session.
A.Discussion/Action authorizing the City Attorney to file a Petition in a Court of proper jurisdiction to
seek a declaratory judgment against Green Valley Special Utility District.
Council reconvened into Regular Session at 10:02 p.m.
Councilman Hetzel moved to authorize the City Attorney to file a Petition in a Court of proper
jurisdiction to seek a declaratory judgment against Green Valley Special Utility District. Motion was
seconded by Councilman Hicks. For: Council Members: Pedde, Winn, Davis,Hicks and Hetzel; Against:
None. Motion carried 5 to 0.
14. Staff Updates
A. Capital Projects Schedule—2006/2007 Bond Projects
B. Departmental Reports
C. Veteran Memorial Park
City Manager Todd Parton briefed council on the above items.
15. City Council requests)regarding specific items or staff reports to be scheduled for future agendas.
Councilman Winn requested that a ordinance to prohibit commercial parking in the City Parks be brought
to council at the next regular scheduled meeting.
16. Adjournment
Councilman Hicks moved to adjourn the meeting at 10:19 p.m. Motion was seconded by Councilwoman
Davis. For: Council Members: Pedde, Winn,Davis, Hicks and Hetzel; Against:None. Motion carried 5
to 0.
PASSED AND APPROVED THIS 10TH DAY OF JUNE 2008.
ennifer Hartman
Mayor
ATTEST:
ZL-
Peggy Cimics
City Secretary