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Min CC 07/10/2007 REGULAR CITY COUNCIL MEETING CIBOLO MUNICIPAL BUILDING 200 S.MAIN July 10,2007 7:00 P.M. MINUTES 1. Call to Order—Meeting was called to order by Mayor Hartman at 7:04 p.m. 2. Roll Call Mayor Jennifer Hartman Councilman Chad Royal Councilman Tony Krasnai Councilman Atrell Owens Mayor Pro-Tem Mark Winn Councilwoman Diane Davis Councilman Bob Hicks Councilman Dick Hetzel 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). The following citizens signed up to be heard: Judi Olson, 207 Wiederstein, Ciuoio spoke to council on the mosquito problem affecting the Old Town Cibolo area. Janet Ahmad, 18 Silver Horn,Austin, Texas, President of the Better Builders for Home Owners spoke to council on the hazards of water/soil and spoke on behalf of the homeowners of Cibolo and Live Oak that were having problems with their new homes. The following individuals also spoke to council concerning problems with the new homes they had purchase. David Meador, 161 Briar St., Cibolo,Josephina Molina, 14004 Robin Forest,Live Oak, Silvia Sigala, 13814 Biltmore Lakes, Live Oak, Todd Ferguson, 13804 Biltmore Lakes, Live Oak, The following individuals spoke not only on their home issue but also against the rezoning based on experiences with Centex: Susie Meador, 161 Briar St., Cibolo, Andy Hardy, 133 Briar St., Cibolo and Stephanie Anderson, 145 Briar St., Cibolo. The following individuals spoke in opposition of the re- zoning of 31.304 acres that is on the agenda as a Public Hearing but wished to speak during Citizens to be Heard. Van Green, 265 Robin Lane,New Braunfels, Georgina Schwartz, 3006 Belvoir Dr, San Antonio, Malcolm Swan, 511 E.Hathaway Dr., San Antonio. 6. Consent Agenda—Consent Items(General Items) (All ite as 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 Council Meeting held on June 26,2007. B. Approval of the recommendation from the Planning and Zoning Commission on a preliminary plat of Charleston Parke,Unit 3. The 11.793 acre tract contains 39 single family lots and is zone R-2B. This tract is generally located at the southwest quadrant of the intersection of Green Valley Road and Kove Lane. Item 6B was pulled from the agenda by Councilwoman Davis and will be heard immediately following the consent agenda item. Councilman Winn moved to approve the consent agenda. Motion was seconded by Councilman Hicks. For: Council Members:Royal,Krasnai, Owens,Winn,Davis,Hicks and Hetzel; Against: None. Motion carried 7 to 0. Item 6B was brought back for discussion. Councilman Krasnai excused himself from the meeting for a few minutes and council continued with the agenda item. Councilwoman Davis asked for a clarification of a couple items of the plat. Councilman Winn moved to approve the recommendation from the Planning and Zoning Commission of a preliminary plat for Charleston Parke, Unit 3. Motion was seconded by Councilwoman Davis. For: Council Members: Royal,Owens,Winn,Davis,Hicks and Hetzel;Against:None. Motion carried 6 to 0. 7. Public Hearing A.Conduct a Public Hearing to receive citizens input on an application to the Texas Parks and Wildlife Department Grant Program for the Town Creek West Park. Mayor Hartman opened the Public Hearing at 7:40 p.m. A brief presentation was given on the application to the Texas Parks and Wildlife for the grant program for Town Creek West Park. No input from.those in the audience or council and the Mayor closed the Public Hearing at 7:59 p.m. B. Conduct a Public Hearing to consider a rezoning of 31.304 acres of land from single family low density (R-1)to single family medium density(R-2B). This tract is situated in the Gustavus Bunson Survey, Abstract 72, Guadalupe County, Cibolo, Texas and is generally located west of Dean Road and south of Old Wiederstein Road. Mayor Hartman opened the Public Hearing at 8:00 p.m.the following citizens spoke in opposition of the zoning request and the possible effect to the environment and level of density near Warbler Woods a stopover for migratory birds many which travel from North America to Central America. Sandy Wallace, 18 Champion Circle, San Antonio, Tony Wood, San Antonio, David Cox, 475, Cibolo (ETJ)I Steven Berg, Cibolo (ETJ), Robbie Berg, 581 Dean Rd, Cibolo (ETJ), Beth Gregory, 627 Dean Rd, Cibolo (ETJ), Stacy & Jennifer Cox, 481 Dean Rd, Cibolo (ETJ), Marianne Golden, 4119 Hunters Glen, San Antonio, Susan&Don Schaezler, 19349 Old Wiederstein, Cibolo(ETJ),Derek Read, 376 Willow View, Cibolo,Nancy Masterson, 623 N. Erskine, Seguin and Ann& Charles Tubbs, 1426 Tadmore Rd, Canyon Lake. Centex Homes and Lon Wright the current property owner spoke in favor of the zoning request. The Public Hearing was closed by Mayor Hartman at 8:49 p.m. 8. Discussion/Action A.Discussion/Action on appointments and re-appointments to 5-Year CIP Sub-Committees and all other Cibolo Commissions and Committees with a current vacancy. Councilman Royal moved to appoint Mr. Edward Weinstein to the Street&Drainage Commission and if a position comes available on the Parks Commission to give Mr. Weinstein the opportunity to serve on that committee. Motion was seconded by Councilman Krasnai. For: Council Members: Royal,Krasnai, Owens,Winn,Davis,Hicks and Hetzel;Against:None. Motion carried 7 to 0. B.Discussion/Action regarding making a three way stop at the intersection of Deer Creek Blvd and Deer Meadow in the Deer Creek Subdivision. Councilman Winn moved to approve the three way stop at the intersection of Deer Creek Blvd and Deer Meadow. Motion was seconded by Councilman Hicks. For: Council Members: Krasnai, Owens, Winn, Davis,Hicks and Hetzel;Against: Councilman Royal.Motion carried 6 to 1. C. Discussion/Action on consolidating the Public Safety Committee and the Street & Drainage Commission. Councilman Hicks moved to approve consolidating the Public Safety Committee and Street& Drainage Commission and allowing those members still interested in serving on a committee or commission to either transfer to Street & Drainage or any other committee with a current vacancy. Motion was seconded by Councilman Winn. For: Council Members: Royal,Krasnai, Owens,Winn,Davis,Hicks and Hetzel;Against:None. Motion carried 7 to 0. D.Discussion/Action on the naming process for old Cibolo Valley Drive. Councilman Owens moved to official name Old Cibolo Valley Drive—Old Cibolo Valley Drive. Motion was seconded by Councilman Winn. For: Council Members: Royal, Krasnai, Owens, Winn, Davis, Hicks,Hetzel;Against:None. Motion carried 7 to 0. E. Discussion/Action regarding the railing and overpass at Deer Creek Blvd crossing at Dietz Creek. This item will be brought back with staff options for council to look at. F. Discussion and review regarding the accounting on all expenditures from the Parks escrow account. This item was pulled from the agenda by Councilman Royal. G.Discussion/Action on the process and procedures for annexations for calendar year 2007. Council directed staff to bring back an agreement to the next council meeting for review and approval. H. 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 looked over the July calendar and Public Safety Meeting scheduled for July 16 was removed. 9. Ordinances A. Approval/Disapproval of an ordinance to rezone 31.564 acres of land from single family low density (R-1) to single family medium density (R-2B). This tract is situated in the Gustavus Bunson Survey, Abstract No. 72, Guadalupe County, Cibolo, Texas, and is generally located west of Dean Road Rd south of Old Wiederstein. Councilman Winn moved to approve the ordinance to rezone 31.564 acres of land from R-1 to R-2B. Motion was seconded by Councilman Krasnai. For: Councilman Krasnai, Winn and Hicks; Against: Council Members: Royal,Owens, Davis and Hetzel. Motion failed 3 to 4. Councilman Royal moved to disapprove the ordinance to rezone 31.564 acres from R-1 to R-2B. Motion was seconded by Councilwoman Davis. For: Council Members: Royal, Owens, Davis and Hetzel; Against: Councilman Krasnai,Winn and Hicks. Motion carried 4 to 3. 10. Resolutions A.Approval/Disapproval of a resolution to authorize the City Manager to act on behalf of the City of Cibolo for the submittal of an application for a grant to the Texas Parks and Wildlife Department Grant Program for Town Creek West Park. Councilman Winn moved to approve the resolution to authorize the City Manager to act on behalf of the City of Cibolo for the submittal of an application for a grant to the Texas Parks and Wildlife Department Grant Program for Town Creelc West Park. Motilin was seconded by Councilwoman Davis. For:- ; Council Members: Royal, Krasnai, Owens, Winn, Davis, Hicks and Hetzel; Against:-None. Motion carried 7 to 0. 11. Executive Session The City Council will meet in Executive Session as authorized by Texas Gov't Code Sec. 551.072. Deliberations about Real Property: A. Discussion regarding potential land purchase(s). Council adjourned into executive session at 9:57 p.m. 12. 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 10:07 p.m. 13. Staff Updates A. Capital Projects for 2006 Drainage Improvements B. Capital Project Schedule for 2007 General Obligation Bond Projects C.Overview of City Projects D.Update on Springtree 4&5 City Manager Todd Parton briefed council on the above items. 14. City Council requests)regarding specific items or staff reports to be scheduled for future agendas. Councilman Royal requested to have item 8F put back on the next agenda. Councilman Owens requested that a four way stop at Green Valley and Old Cibolo Valley Drive be discussed at the next meeting. Councilwoman Davis wanted the City Manager and two council representatives to meet with Larry Akin and bring back an update on a possible agreement for Cibolo Valley Park. Councilman Hicks would like to see an update on the foot bridge at Dobie. 15. Adjournment Councilman Hicks moved to adjourn the meeting at 10:19 p.m. Motion was seconded by Councilwoman Davis. For: Council Members: Royal, Krasnai, Owens, Winn, Davis, Hicks and Hetzel; Against: None. Motion carried 7 to 0. PASSED AND APPROVED THIS 24TH DAY OF JULY 2007 lifer H rtrnan Mayor AS l Peggy C:mics City Secretary