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Min CC 05/13/2008 REGULAR CITY COUNCIL MEETING yy OF C'B OC ' C CIBOLO MUNICIPAL BUILDING 200 S.MAIN May 13,2008 7:00.P.M. MINUTES 1. Call to Order—Meeting-called to order by Mayor Hartman at 7:04.p.m. 2. Roll Call Mayor Hartman Councilman Pedde Councilman Krasnai Councilman Owens Councilman Winn Councilwoman Davis—arrived at 7:06-p.m. Councilman Hicks Councilman Hetzel Staff: City Manager,Todd Parton City Secretary,Peggy Cimics City Attorney,Miguel Matos Police Chief,Mark Riffe Community Development,Nancy McBeth Planner,Jonette Ellis Public Works Director,Les 3aberniak 3. Invocation Councilman Owens gave the invocation 4. Pledge of Allegiance—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. -(Attorney General Opinion.—JC-0169)(Limit of three minutes each). The following citizens address the City Council: Steve Liparato-from the CVFD thanked.everyone for their.help With the Sausage Supper. He also briefed council on a grant that.the CV-FD would like.to look.at from Homeland Security. George Tully spoke to the black fire hydrants and the IS.O rating. Magdalene Simmons asked council to look at the possibility-of putting a light at Springtree Gate. Wayne Burchard spoke-on the water supply to the planned development at Weiderstein and IH 35 and also-on the fire/water.supply in the GVSUD. 6. Presentation A. Proclamation from the Mayor and City Council -to the. Byron P. Steele High School Athletic Department for all the athletic accomplishments for the 2007-2008 school years. Mayor Hartman presented a proclamation to the Principle of Byron P. Steele High School in recognition of all the.athletic accomplishments for the'2007/2008 school year. 7. Ceremonial A. Administering the oath to Council Members-Elect Ronald (Ron) Pedde-Place 1, Mark Winn-Place 4, Diane Davis-Place 5, and Robert(Bob)Hicks-Place 6. City Secretary gave the Oath of Office to Council Members Ronald Pedde, Place 1; Mark Winn,Place 4; Diane Davis,Place 5; and Robert Hicks,Place 6. 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 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 April 22,2008 B. Approval of the minutes of the Public Hearing held on April 24,2008. Councilman Winn moved to approve the consent agenda. Motion was seconded by Councilman Pedde. For: Council Members: Pedde, Krasnai, Owens, Winn, Davis, Hicks and Hetzel;Against: None. Motion carried 7 to 0. 9. Public Hearing A. Conduct a Public Hearing on the voluntary annexation of 3.4 acres of land situated out of the Geronimo Leal Survey No. 210, Guadalupe County, Texas, located at 242 County Lane. Mayor Hartman open the Public Hearing at 7:25 p.m. No citizens to be heard and the mayor closed the Public Hearing at 7:26 p.m. B. Conduct a Public Hearing on the rezoning of 80.480 acres of land from Residential Single Family Rural (RU) and Commercial-1 (C-1) to Planned Unit Development. The tract is situated out of the Jacob De Cordova Survey No. 514, Abstract No. 117 and the John Saladin Survey No. 404, Abstract No.299, Guadalupe County, Cibolo,Texas and is generally located at the southwest corner of Interstate 35 and Wiederstein Road, Cibolo,Texas. Public Hearing was open by Mayor Hartman at 7:26 p.m. Steve Metcalfe attorney for the applicant spoke to council and was available if anyone had any questions for him. Sara Garza of 133 Wistoria Ct, Cibolo spoke in opposition of the rezoning due to the Green Valley water issue. Mayor Hartman closed the Public Hearing at 7:35 p.m. 10. Discussion/Action(BuildingItems) ems) A. Discussion/Action regarding the recommendation for Final Acceptance of Gatewood Units 2, 3 and 4. Councilman Winn moved to approve the recommendation for Final Acceptance of Gatewood Units 2, 3 and 4. Motion was seconded by Councilman Hicks. For: Council Members: Pedde, Krasnai, Owens, Winn,Davis,Hicks and Hetzel;Against:None. Motion carried 7 to 0. 11. Discussion/Action A. Discussion/Action on the appointing of a Mayor Pro-Tem. Councilman Hicks moved to nominate Councilman Winn as Mayor Pro-Tem. Motion was seconded by Councilman Krasnai. For: Council Members: Pedde, Krasnai, Owens, Davis, Hicks and Hetzel;Against: None; Abstain: Councilman Winn. Motion carried 6 to 0. B. Discussion/Action on the removal, appointments and re-appointments to Cibolo Boards, Commissions and Committees. Councilman Winn moved to appoint Jennifer Holmquist to the Impact Fee Committee and Josh Welsh to the Street&Drainage Commission with the understanding that ethic statement and all paperwork will be completed within 30 days of appointment. Motion was seconded by Councilman Hicks. For: Council Members: Pedde,Krasnai, Owens,Winn,Davis,Hicks and Hetzel;Against:None. Motion carried 7 to 0. Councilman Krasnai moved to appoint Randall Mattzela to the Parks &Recreation Commission with all paperwork being completed within 30 days of appointment. Motion was seconded by Councilman Winn. For: Council Members: Pedde, Krasnai, Owens, Winn, Davis, Hicks and Hetzel; Against:None. Motion carried 7 to 0. C. Receive a report from the Street and Drainage Commission. Tex Farnsworth chairman of the Street&Drainage Commission gave an update to council on the projects that they are presently working on. D. Discussion/Action and/or provide staff direction on establishing a recycling program for the City of Cibolo. Council discussed this item and Councilman Pedde moved to approve the Mayor setting up a working group to look at a recycling and other related programs. Motion was seconded by Councilman Owens. For: Council Members: Pedde, Krasnai, Owens, Winn, Davis, Hicks and Hetzel; Against: None. Motion carried 7 to 0. E. Discussion/Action and/or provide direction to staff on an agreement with AV Security Destruction regarding a proposal to provide secure site destruction and recycling services to the City of Cibolo. Councilwoman Davis moved to have staff explore an agreement with AV Security Destruction regarding a proposal for secure site destruction. Motion was seconded by Councilman Owens. For: Council Members: Pedde,Krasnai,Owens,Winn,Davis,Hicks and Hetzel;Against:None.Motion carried 7 to 0. F. Discussion/Action and/or provide staff direction regarding possible participation in the Discovery Challenge course which focuses on improving participant communication, team development and leadership skills. Brief discussion no action taken. G. Receive a report and discussion to provide direction to staff on the CEDC and City of Cibolo joint sports facility project. City Manager Todd Parton briefed council on a joint sports facility project. Council directed staff to continue to pursue options. H. Discussion/Action to provide direction to staff on Capital Projects contemplated for a November 2008 General Obligation Bond Proposition. This item was briefed by City Manager Todd Parton. Staff will bring new list back to next regular scheduled meeting. 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 schedule for May and June 2008. 12. Ordinances A. Approval/Disapproval of an ordinance to rezone of 80.480 acres of land from Residential Single Family Rural (RU) and Commercial-1 (C-1) to Planned Unit Development. The tract is situated out of the Jacob De Cordova Survey No. 514, Abstract No. 117 and the John Saladin Survey No. 404, Abstract No. 299, Guadalupe County, Cibolo, Texas and is generally located at the southwest corner of Interstate 35 and Wiederstein Road, Cibolo,Texas. Councilman Winn moved to approve the ordinance to rezone 80.480 acres of land for RU to C-1. Motion was seconded Councilman Hicks. For: Council Members: Pedde, Krasnai, Owens, Winn, Davis, Hicks and Hetzel;Against:None. Motion carried 7 to 0. B. Approval/Disapproval of an ordinance amending Ordinance 583 allowing Kiosk Signs to be placed in the right of way pursuant to a Council approved contract agreement. Councilman Hicks moved to approve an ordinance amending Ordinance 583 allowing Kiosk Signs in the right of way. Motion was seconded by Councilman Owens. For: Council Members: Pedde, Krasnai, Owens,Winn,Davis,Hicks and Hetzel;Against: None. Motion carried 7 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. This item was tabled until the next regular scheduled meeting. D. Approval/Disapproval of an ordinance establishing a four-way stop at Main Street, Bentwood Ranch Drive,Borgfeld Road and Main Street. Councilman Pedde moved to approve an ordinance establishing a four-way stop at Main Street, Bentwood Ranch Drive, Borgfeld Road and Main Street. Motion was seconded by Councilman Krasnai. For: Council Members: Pedde, Krasnai, Owens, Winn, Davis, Hicks and Hetzel; Against: None. Motion carried 7 to 0. E. Approval/Disapproval of an ordinance amending the Animal Control Ordinance No. 718 Subchapter E, Section 608.071 allowing for thirty six(3 6)month rabies vaccines. Councilman Krasnai moved to approve amending the Animal Control Ordinance No. 718 allowing for thirty six months rabies vaccines. Motion was seconded by Councilman Hicks. For: Council Members: Pedde,Krasnai,Owens,Winn,Davis,Hicks and Hetzel;Against:None. Motion carried 7 to 0. F. Approval/Disapproval of an ordinance to amend the Fire Code. Councilman Hicks moved to approve an ordinance to amend the Fire Code. Motion was seconded by Councilman Owens. For: Council Members: Pedde, Krasnai, Owens, Winn, Davis, Hicks and Hetzel; Against:None. Motion carried 7 to 0. 13. Resolutions A. Approval/Disapproval of a resolution authorizing a Chapter 380 Development Agreement with Laredo I-35 North,Ltd relative to 80.480 acres of land. Councilman Winn moved to approve a resolution authorizing a Chapter 380 Development Agreement with Laredo I-35 North, Ltd relative to 80.480 acres of land. Motion was seconded by Councilman Hicks. For: Council Members: Pedde, Krasnai, Owens, Winn, Davis, Hicks and Hetzel; Against: None. Motion carried 7 to 0. B. Approval/Disapproval of a resolution authorizing a Performance Agreement between the Cibolo Economic Development Corporation and I-35 North,Ltd.Relative to 80.480 acres of land. Councilman Pedde moved to approve a resolution authorizing a Performance Agreement between the Cibolo Economic Development Corporation and I-35 North, Ltd relative to 80.480 acres of land. Motion was seconded by Councilman Winn. For: Council Members: Pedde,Krasnai, Owens,Winn,Davis,Hicks and Hetzel;Against:None. Motion carried 7 to 0. C. Approval/Disapproval of a resolution updating the meeting frequency and member ETJ residence requirements of the 5-Year CIP Citizens' Advisory Committee. Councilman Hicks moved to approve a resolution updating the meeting frequency and member ETJ residence requirements of the 5-Year Citizens' Advisory Committee. Motion was seconded by Councilman Krasnai. For: Council Members: Pedde, Krasnai, Owens, Winn, Davis, Hicks and Hetzel; Against:None. Motion carried 7 to 0. D. Approval/Disapproval of a resolution by the City Council of the City of Cibolo regarding Fire Protection in the Green Valley Special Utility District Service Area. Councilman Owens moved to approve a resolution regarding Fire Protection in the Green Valley Special Utility Service Area. Motion was seconded by Councilman Hicks. For: Council Members: Pedde, Krasnai, Owens,Winn,Davis,Hicks and Hetzel;Against:None. Motion carried 7 to 0. 14. 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. Discuss legal issues regarding Green Valley Special Utility District. Council convened into executive session at 9:01 p.m. 15. Open Session Reconvene into Regular Session and take action/or give staff direction, if necessary,on items discussed in Executive Session. Council reconvened into Regular Session at 9:27 p.m. No action taken. 16. Staff Updates A. Capital Projects Schedule—2006/2007 Bond Projects B. Report on building permits for the FY 2008 C. Brick Pavers Program City Manager Todd Parton briefed council on the above items. 17. City Council request(s)regarding specific items or staff reports to be scheduled for future agendas. No request. 18. Adjournment Councilman Hicks moved to adjourn the meeting at 9:29 p.m. Motion was seconded by Councilwoman Davis. For: Council Members: Pedde, Krasnai, Owens, Winn, Davis, Hicks and Hetzel; Against: None. Motion carried 7 to 0. PASSED AND APPROVED THIS 27TH DAY OF MAY 2008. �Jen�nierrtman Mayor ATTES Peggy Cimics City Secretary