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Min CC 04/22/2008 REGULAR CITY COUNCIL MEETING 41 O< "00 CIBOLO MUNICIPAL BUILDING 200 S.MAIN April 22,2008 7:00 P.M. MINUTES 1. Call to Order-Meeting was called to order by Mayor Hartman at 7:01 p.m. 2. Roll Call Mayor Hartman Councilman Pedde—absent Councilman Krasnai—arrived 7:15 p.m. Councilman Owens Councilman Winn Councilman Hicks—absent Councilman Hetzel 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). No citizens to be heard Mayor Hartman moved Executive Session and Open Session up on the agenda. 6. Executive Session The City Council will meet in Executive Session as authorized by the Texas Gov't Code Sec. 551.071, Consultation with Attorney and 551.087,Deliberation Regarding Economic Development Negotiations: A. Discuss and or deliberate regarding Development Agreement between the City of Cibolo, Cibolo Economic Development Corporation and Galo Properties. B. Consultation with City Attorney regarding pending or contemplated litigation surrounding Koehler drainage issue. C. Discuss legal issues regarding Green Valley Special Utility District. Council convened into executive session at 7:04 p.m. 7. 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 7:31 p.m. 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 8, 2008 B. Acceptance of the Revenue&Expense Report for the Month of March 2008 pending final acceptance of the City's financial audit for the 2008 Fiscal Year. C. Acceptance of the March 2008 Check Register pending final acceptance of the City's financial audit for the 2008 Fiscal Year. D. Acceptance of the Quarterly Investment Report for the period ending March 31, 2008 pending final acceptance of the City's financial audit for the 2008 Fiscal Year. Councilman Winn pulled item 8B from the consent agenda. Councilman Owens moved to approved the Consent items 6 A, C & D. Motion was seconded by Councilman Krasnai. For: Council Members: Krasnai, Owens,Winn,Davis and Hetzel; Against:None. Motion carried 5 to 0. After a brief discussion Councilman Winn moved to approve item 8B. Motion was seconded by Councilman Krasnai. For: Council Members: Krasnai, Owens,Winn,Davis and Hetzel; Against:None. Motion carried 5 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 opened the Public Hearing at 7:35 p.m. No citizens or council requested to speak. Mayor Hartman closed the Public Hearing at 7:36 p.m. 10. Discussion/Action A. Discussion/Action and/or provide staff direction on draft of agreement between National Sign Plaza and the City of Cibolo Councilman Winn moved to approve agreement for services between National Sign Plaza and the City of Cibolo as presented. Motion was seconded by Councilman Hetzel. For: Council Members: Krasnai, Owens,Winn,Davis and Hetzel; Against:None. Motion carried 5 to 0. B. Discussion/Action on the removal, appointments and re-appointments to Cibolo Boards, Commissions and Committees. Councilman Winn moved to take the same action as council did at the meeting of April 15U' and remove all individual from Cibolo Boards, Commissions and Committees that did not have their Open Meeting Training completed and certificate given to the City Secretary by April 5t'. Those that did not complete training and have certificates on file by this date are: Randall Mattzela (Parks), Josh Welsh (Street & Drainage),James Schindler and Jennifer Holmquist(Planning),Noel Hamilton and John Fisher(CIP) and Perry Blanton (Impact Fee). Motion was seconded by Councilman Krasnai. For: Council Members: Krasnai, Owens, Winn, Davis and Hetzel; Against: None. Motion carried 5 to 0. Councilman Winn moved to appoint Shelton Edmondson and Garth Coursen to the Planning and Zoning Commission. Motion was seconded by Councilman Krasnai. For: Council Members: Krasnai, Owens, Winn, Davis and Hetzel; Against:None. Motion carried 5 to 0. C. Receive a report and discussion to provide direction to City Staff and City Architect regarding the conceptual designs for the Public Works Facility, Police Station, Fire Station, Soccer Facility and Recreation Complex. Andy Simpson City Architect briefed council on the conceptual designs for the Public Works Facility, Police Station,Fire Station, Soccer Facility and Recreation Complex. Councilman Winn moved to move forward with the design study as presented. Motion was seconded by Councilwoman Davis. For: Council Members: Krasnai,Owens,Winn,Davis and Hetzel; Against: None. Motion carried 5 to 0. D. Discussion/Action regarding the waiver request from Kalmar RT Center LLC and discuss and give direction to staff on establishing objective criteria for which future waivers of development and permitting fees can be granted or denied. Councilman Winn moved to approve the waiver from Kalmar RT Center to waive the fees for construction during the 2008 and 2009 year for properties located at 103 and 109 Guadalupe Drive. Motion was seconded by Councilman Hetzel. For: Council Members: Krasnai, Owens, Winn, Davis and Hetzel;Against:None. Motion carried 5 to 0. E. Discussion/Action on an inter-local agreement between the City of Cibolo and Guadalupe County regarding the development within the extraterritorial jurisdiction. Councilman Winn moved to approve the inter-local agreement between the City of Cibolo and Guadalupe County regarding the development within the extraterritorial jurisdiction. Motion was seconded by Councilman Krasnai. For: Council Members: Krasnai, Owens, Winn, Davis and Hetzel; Against: None. Motion carried 5 to 0. F. Discussion/Action and provide direction to staff regarding terms of a potential agreement with the City of San Antonio regarding release of Extraterritorial Jurisdiction. Councilman Winn directed staff to proceed regarding a potential agreement with the City of San Antonio regarding release of Extraterritorial Jurisdiction. Motion was seconded by Councilwoman Davis. For: Council members: Krasnai, Owens,Winn,Davis and Hetzel;Against:None.Motion carried 5 to 0. G. Discussion/Action and provide direction to staff regarding the establishment of a pavers brick program for Veterans Memorial Park. Councilman Winn moved to establish a paver's brick program for Veterans Memorial Park with each brick having a maximum of three lines and costing $25.00 per brick. Motion was seconded by Councilwoman Davis. For: Council Members: Krasnai, Owens, Winn,Davis and Hetzel; Against: None. Motion carried 5 to 0. H. Discussion/Action and provide direction to staff regarding revisions to Resolution 1318 Creating the 5-Year Capital Improvement Committee. Councilman Winn moved to direct staff to make recommended changes in the 5-Year Capital Improvement Committee resolution to include having semi-annual meetings and to bring the changes back to council at the next regular schedule meeting. Motion was seconded by Councilman Krasnai. For: Council Members: Krasnai,Owens,Winn,Davis and Hetzel; Against:None. Motion carried 5 to 0. I. Discussion/Action and/or provide staff direction on report from TCEQ regarding waiver request results and water demand projection forecast. Councilman Winn moved to accept the projections and direct staff to pursue options to meet both domestic and TCEQ demands. Motion was seconded by Councilman Krasnai. For: Council Members: Krasnai, Owens,Winn,Davis and Hetzel; Against:None. Motion carried 5 to 0. J. Discussion/Action and provide direction to staff regarding amending Animal Control Ordinance 718, Sub Chapter E Rabies Control, Section 608.071 Rabies Vaccination. Councilman Krasnai moved to direct staff to bring changes to the next regular scheduled council meeting on the Animal Control Ordinance 718, Sub Chapter E, and Section 608.071, to authorize the city to accept the three year tag on animal vaccination. Motion was seconded by Councilman Winn. For: Council Members: Krasnai, Owens,Winn,Davis and Hetzel; Against: None. Motion carried 5 to 0. K. Discussion/Action to provide direction to staff on Capital Projects contemplated for a November 2008 General Obligation Bond Proposition. Council directed the city manager to bring options back at the next meeting on phasing in multi year programs. L. 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 upcoming calendar. Budget workshops were discussed and the groundbreaking ceremony for Kalmar on May 6,2008 at 11:00 am. 11. Ordinances A. Approval/Disapproval of an ordinance setting dates,times and place for a Public Hearing on the proposed annexation by the City of Cibolo of a 75.4 acre tract of land generally located on the north and south side of Green Valley Road, east of Schertz City limits and properties along or near Persimmon Drive; a 29.9 acre tract of land generally located on the south side of Kove Lane, east of Cibolo Valley Drive; a 27.8 acre tract of land generally located on the north side of Borgeld Road, east of Falcon Ridge Subdivision; authorizing publication of Public Hearing Notice and directing the City Manager to prepare a service plan. Councilman Winn moved to approve the ordinance to set the date,time and place for a public hearing on the proposed annexation of a 75.4 acre tract of land generally located on the north and south side of Green Valley Road, east of Schertz City limits and properties along or near Persimmons Drive, a 29.9 acre tract of land generally located on the south side of Kove Land, east of Cibolo Valley Drive, a 27.8 acre tract of land generally located on the north side of Borgeld Road, east of Falcon Ridge Subdivision Motion was seconded by Councilwoman Davis. For: Council Members: Krasnai, Owens, Winn, Davis and Hetzel; Against:None. Motion carried 5 to 0. B. Approval/Disapproval of an ordinance setting dates,times and place for a Public Hearing on the proposed annexation by the City of Cibolo of a 34.89 acre tract of land generally located on the south side of FM 78, east of Country Lane and the area known as Falcon Crest Estates; authorizing publication of Public Hearing Notice and directing the City Manager to prepare a Service Plan. Councilman Winn moved to approve the ordinance setting the date, time and place for a Public Hearing on the proposed annexation of a 34.89 acre tract of land generally located on the south side of FM 78, east of Country Land and the area known as Falcon Crest Estates. Motion was seconded by Councilwoman Davis. For: Council Members: Krasnai, Owens, Winn, Davis and Hetzel. Motion carried 5 to 0. C. Approval/Disapproval of an ordinance setting dates, times and place for a Public Hearing on the proposed annexation by the City of Cibolo of a 40.9 acre tract of land generally located south of Country Lane, east of Haeckerville Road, along and north of Park Valley Drive; authorizing publication of a Public Hearing and directing the City Manager to prepare a Service Plan. Councilman Winn moved to approve the ordinance setting the date, time and place for a Public Hearing on the proposed annexation of 40.9 acre tract of land generally located south of Country Lane, east of Haeckerville Road, along the north of Park Valley Drive. Motion was seconded by Councilwoman Davis. For: Council Members:Krasnai, Owens,Winn,Davis and Hetzel;Against: None. Motion carried 5to0. D. Approval/Disapproval of an ordinance setting dates,times and place for a Public Hearing on the proposed annexation by the City of Cibolo of a 1,105.07 acre tract of land generally located south of Park Valley Drive, east of Haeckerville Road, north of Lower Seguin Road and west of the City of Cibolo's extraterritorial jurisdiction; authorizing publication of a Public Hearing and directing the City Manager to prepare a Service Plan. Councilman Owens moved to approve the ordinance setting dates,time and place for a Public Hearing on the proposed annexation of a 1,105.07 acre tract of land generally located south of Park Valley Drive, east of Haeckerville Road, north of Lower Seguin Road and west of the City of Cibolo's extraterritorial jurisdiction. 12. Staff Updates A. Capital Projects Schedule—2006/2007 Bond Projects B. Report on building permits for the FY 2008 C. Impact Fee Study D. Community Development Projects City Manager Todd Parton gave council an update on the above items. 13. City Council requests reg_arding�pecific items or staff reports to be scheduled for future agendas. Councilman Pedde would like to have an item on the agenda to discuss the city developing a recycling program. 14. Adjournment Councilwoman Davis moved to adjourn the meeting at 10:16 p.m. Motion was seconded by Councilman Owens. For: Council Members: Krasnai, Owens, Winn, Davis and Hetzel; Against: None. Motion carried 5 to 0. PASSED AND APPROVED THIS 13TH DAY OF MAY 2008. 9ennifer tmY Mayor ATTEST: -- Peggy Cimics City Secretary