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Min CC 01/09/2007 REGULAR CITY COUNCIL MEETING CIBOLO MUNICIPAL BUILDING 200 S.MAIN January 9,2007 7:00 P.M. MINUTES 1. Call to Order—Meeting was called to order by Mayor Sutton at 7:01 P.M. 2. Roll Call Mayor Sutton Councilman Castro Councilman Krasnai Councilman Ramcharan Councilman Winn-absent Councilwoman Davis Staff Present-Todd Parton,City Manager Peggy Cimics, City Secretary Susan Rocha,City Attorney Miguel Matos,City Attorney Mark Riffe,Police Chief Bud Dailey,Chief,Building Inspector Nancy McBeth,Planner Lara Feagins,Finance Director Landra Hudson,Municipal Court Clerk Sheila Edmondson,Administrative Assistant Reyna Hill,Receptionist 3. Invocation—Mayor Sutton gave the invocation 4. Pledge of Allegiance—Councilman Ramcharan 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 individuals signed up to be heard: Dana Clark, 1017 Curtiss Ave, Schertz, Texas spoke to council on the use of Niemietz Park on March 10, 2007 from loam to 4pm for the Boy Scouts District Pinewood Derby Race. Wayne Garcia, 201 Niemietz Cove, Cibolo, Texas spoke to council as the representative from Buffalo Crossing Homeowners Association on the donation of 1 acre of land from the Developer Doyle Wilson. This land would be used solely for the construction of a Buffalo Crossing Amenity Center/Park. 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 Council Meeting held on December 12,2006. B. Approval of the minutes of the City Council Special Meeting held on December 16,2006. C. Approval of the Resolution for the ETJ Agreement between San Antonio and the City of Cibolo. D. Acceptance of the October 2006 Check Register pending final acceptance of the City's financial audit for the 2007 Fiscal Year. E. Acceptance of the November 2006 Check Register pending final acceptance of the City's financial audit for the 2007 Fiscal Year. Councilman Castro moved to approve the consent agenda. Motion was seconded by Councilman Krasnai. For: Council Members Castro,Krasnai,Ramcharan and Davis. Motion carried 4 to 0. 7. Presentation A. Presentation to Sheila Edmondson for Cibolo Employee of the Year 2006. Mayor Sutton presentation Ms. Sheila Edmondson a plaque for being selected the Cibolo Employee of the year for 2006. 8. Resolutions A. Approval/Disapproval of a resolution authorizing the Notice of Intention to issue Certificates of Obligation. Councilwoman Davis moved to have this item moved to after item 9C. Motion was seconded by Councilman Castro. For: Council Members Castro,Krasnai,Ramcharan and Davis Council returned to this item after completing 9C. Mark McLiney, Southwest Securities gave a presentation to council. Councilman Castro moved to approve the resolution authorizing the Notice of Intention to issue Certificates of Obligation. Motion was seconded by Councilman Ramcharan. For: Councilman Castro, Krasnai and Ramcharan,Against: Councilwoman Davis. Motion carried 3 to 1. 9. 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. Council was given an update on all members assigned to the different Cibolo Committee's and Commissions. A need for new members was especially noted for the CIP Committee and all council members were ask to try and recruit volunteers. B. Discussion/Update on the Cibolo Youth Council. Council received an update briefing on the Cibolo Youth Council to include projects and fundraising activities that the Youth Council is undertaking. After the briefing there was further discussion by council on the By Laws and Charter of the Youth Council and when they those documents would be completed. It was noted that the Youth Council is working on the Charter and other related materials and should be completed in the very near future. C. Discussion and report from staff on the February 2006 BOND-Capital Improvement Project to include council accepted/approved a bid for each contract, date each contract was signed,total dollar amount of each contract,percentage of work completed to date on each contract, and the actual/estimated date 100% completion of each contract. Councilwoman Davis complimented staff for an excellent product as council could see the progress of each project at a glance. Each project was briefly discussed. D. Discussion/Action regarding potential bond issues for FY 2007. This item was briefed by staff and all council members received a copy of a proposed Project List and the estimate cost. Councilman Ramcharan moved to approve the project list and the estimate cost. Motion was seconded by Councilman Castro. For: Council Members Castro, Krasnai, Ramcharan and Davis, Against: None.Motion carried 4 to 0. E. Discussion/Action regarding the Expense&Revenue Report for October/November 2006. This is a new report being given to council each month. Staff explained the report and also let them know that they will receive a new report each month and it would be listed under the consent agenda. Councilman Ramcharan moved to approve the Expense & Revenue Report for October/November 2006 pending fmal acceptance of the City's financial audit for the 2007 Fiscal Year. F. Discussion/Action on the appointments for the Cibolo Charter Review Committee. Councilman Ramcharan moved to accept all the nominations to the Cibolo Charter Review Committee with the agreement if any nominee has to drop off the committee for any reason it will be up the council member that appointed that person to come up with a replacement. Motion was seconded by Councilman Krasnai. For: Council Member: Castro,Krasnai,Ramcharan and Davis,Against: None. Motion carried 4 to 0 The members of the Charter Review Committee were introduced: Mr. Ray Thomas, MR. Jeff Blankenship, Mr. John Bulat,Ms. Maydean Tilton, Ms. Jennifer Hartman,Mr. Chad Royal,Mr.Robert Hicks,Mr.Richard Hetzel,Mr.Charles Ruppert,and Mr.Harvey Hild. G. Discussion/Action on the City of Cibolo Plant/Landscape Plan for the City. Discussion was held and council directed staff to proceed with Plan and bring back findings to council in February. Council also directed staff to look into the property at Springtree and Cibolo Valley Drive to see if it belonged to the City, developer or property owner. Once ownership was determined they need to insure that the property is maintained. H. Discussion/Action on awarding a contract to Guadalupe County for Election Services for the May 12, 2007 Election. Councilman Ramcharan moved to approve awarding a contract to Guadalupe County for Election Services for the May 12, 2007 Election. Motion was seconded by Councilman Castro. For: Council Members: Castro, Krasnai,Ramcharan and Davis,Against: None. Motion carried 4 to 0. I. Discussion/Action on a Joint Election Agreement between the City of Schertz,the City of Cibolo and the SCUC Independent School District. Council was briefed on the Joint Election Agreement between the City of Schertz, the City of Cibolo and the SCUC Independent School District. Councilman Ramcharan moved to approve the agreement and it was seconded by Councilman Castro. For: Council Members: Castro, Krasnai, Ramcharan and Davis, Against: None. Motion carried 4 to 0. J. Discussion/Action on the formation and implementation of a Citizen Bond Committee to establish a Bond Committee to establish a bond package for recommendation to City Council for a November ballot initiative. Council discussed the possibility of forming a Citizen Bond Committee and what the focus of this committee would be. Councihman Krasnai moved to approve the implementation of a Citizen Bond Committee and to direct staff to prepare a resolution to come back to council at the first meeting in February. Motion was seconded by Councilman Ramcharan. For: Councilman Castro, Krasnai and Ramcharan, Against: Councilwoman Davis. Motion carried 3 to 1. K. Discussion/Action on establishing a Community Service Award in honor of former Mayor Pro-Tem Gary Kelly. Council discussed the Community Service Award and how the process would work in selection of an individual and exactly what criteria they would use in the selection process. Councilman Ramcharan moved to approve establishing a Community Service Award in honor of former Mayor Pro-Tem Gary Kelly and for staff to bring back to council either the last meeting in January or first meeting in February an Ordinance or Resolution creating this Community Service Award. Motion was seconded by Councilman Krasnai. For: Council Members: Castro,Krasnai,Ramcharan and Davis,Against: None. Motion carried 4 to 0. L. Discussion/Action regarding a request on modification of fees for the Municipal Prosecutor Service. This item was pulled from the agenda until the January 23,2007 meeting. M. Discussion/Action on budget amendments to the FY2007 budget to provide funding for the Cibolo Youth Council. The Approval/Disapproval of an Ordinance to amendment the FY2007 budget to provide funding for the Cibolo Youth Council. This item was briefed by the Council Liaison to the Youth Council, Councilman Gabriel Castro. Briefing included both what the money was needed for and that the Youth Council would be collecting funds from activities they will be sponsoring that would go directly back into the City's account. Councilman Ramcharan moved to approve a budget amendment to the FY2007 budget to provide funding for the Cibolo Youth Council and also approve an ordinance to amendment the FY2007 budget to provide funding for the Cibolo Youth Council. Motion was seconded by Councilman Krasnai. For: Councilman Castro, Krasnai and Ramcharan,Against: Councilwoman Davis. Motion carried 3 to 1. N. Discussion/Action on the painting and graphics for the Cibolo Police Vehicles. Councilman Ramcharan moved to approve the painting of the Cibolo Police Vehicles and for staff to bring back to the next meeting additional graphics. Motion was seconded by Councilman Krasnai. For: Council Members: Castro,Krasnai,Ramcharan and Davis,Against:None. Motion carried 4 to 0. O. Discussion/Action on the approval of the Fifth Amendment to the contract with GBRA to increase the City'sraw water purchase from 1,000 acre feet per year to 1,350 acre feet per year. Councilman Ramcharan moved to approve the Fifth Amendment to the contract with GBRA to increase the City's raw water purchase. Motion was seconded by Councilman Castro. For: Council Member: Castro, Krasnai,Ramcharan and Davis,Against: None. Motion carried 4 to 0. P. Discussion/Action on hearing the"Petition Requesting Annexation"filed by Jaime Areiga, regarding the proposed annexation of 177.22 acres generally located on the south side of FM78 approximately 1 '/a mile east of Country Lane. Councilman Ramcharan moved to approve the Petition Requesting Annexation filed by Jaime Areiga. Motion was seconded by Councilman Krasnai. For: Council Members: Castro, Krasnai, Ramcharan and Davis, Against:None. Motion carried 4 to 0. Q. Discussion/Action on a breakdown of the profits from the Cibolo Fest 2006. Brief discussion and the councilmember that requested information stated that he had received most of the information and what he still did not have he would get from the City Secretary. R. Discussion/Action and follow up on the modification to extend the driveway to Springtree Hollow and eradicate the existing approach on Cibolo Valley Drive. Brief discussion was started and the City Attorney advised to have this item address in Executive Session, council agreed and item was postponed until after the Executive Session. S. 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 reviewed the calendar for the remaining portion of January and the month of February. It was noted that the Street&Drainage Committee will now meet on the 3rd Monday of each month. 10. Discussion/Action(Buildin Items) ems) All items in-this area were taken up by council prior to the items in area 9. A. Discussion/Action regarding the recommendation for approval from the Planning and Zoning Commission on the Final Plat for Saddle Creek Ranch,Unit 2B. Councilman Ramcharan moved to approve the recommendation of the Planning and Zoning Commission on the Final Plat for Saddle Creek Ranch,Unit 2B. Motion was seconded by Councilman Castro. For: Council Member: Castro,Krasnai,Ramcharan and Davis,Against: None. Motion carried 4 to 0. B. Discussion/Action regarding the recommendation for approval from the Planning and Zoning Commission on the Land Study for Landmark Pointe Subdivision. Councilman Castro moved to approve the recommendation from the Planning and Zoning Commission on the Land Study for Landmark Pointe Subdivision. Motion was seconded by Councilman Ramcharan. For: Council Members: Castro,Krasnai,Ramcharan and Davis,Against: None. Motion carried 4 to 0. C. Discussion/Action regarding the recommendation for approval from the Planning and Zoning Commission regarding Mustang Valley Estates and the following items: 1. Exception request to provide a 3-inch concrete mountable curb and gutter section or a header flush curb in lieu of a standard curb section as required by the City of Cibolo. 2. Exception request to provide CMP or ultra-flow pipe for culvert material in lieu of material as required by the City of Cibolo. 3. Recommendation from the Planning & Zoning Commission on the approvai of the Final Plat for Mustang Valley Estates. Councilman Ramcharan moved to approve the recommendation from the Planning and Zoning Commission regarding a variance to provide a 3-inch concrete mountable curb and gutter section in lieu of a standard curb section, a variance to provide ultra-flow pipe for culvert material in lieu of material required and approval of the Final Plat for Mustang Valley Estates. Motion was seconded by Councilman Krasnai. For: Council Members: Castro,Krasnai,Ramcharan and Davis,Against: None. Motion carried 4 to 0. 11. Ordinances A. Approval/Disapproval of an ordinance declaring that the City of Cibolo has 10,000 inhabitants for purposes of creating two new City Council positions as provided for in the City Charter. Councilman Ramcharan moved to approve the ordinance declaring that the City of Cibolo has 11,384 inhabitants. Motion was seconded by Councilman Krasnai. For: Castro, Krasnai, Ramcharan and Davis, Against:None. Motion carried 4 to 0. B. Approval/Disapproval of an ordinance establishing two additional City Council positions as provided for in the City Charter. Councilman Ramcharan moved to approve the ordinance to establish two additional City Council position as provided for in the City Charter. Motion was seconded by Councilman Castro. For: Council Member: Castro,Krasnai,Ramcharan and Davis,Against: None. Motion carried 4 to 0. C. Approval/Disapproval of an ordinance setting the dates,times and place for public hearing on the proposed annexation by the City of Cibolo of 177.22 acre tract of land situated in the Geronimo Leal survey and the Josefa de Cortinas survey, Guadalupe County, Texas, and generally located on the south side of FM78 approximately 1 1/a mile east of Country Lane. Councilman Castro moved to approve an ordinance to set the date, time and place for public hearing on the ' proposed annexation by the City of Cibolo of 177.22 acre tract of land generally located on the south side of FM 78 approximately 1 1/a mile east of Country Lane. Motion was seconded by Councilman Ramcharan. For: Council Members: Castro,Krasnai,Ramcharan and Davis,Against:None. Motion carried 4 to 0. D. Approval/Disapproval of an ordinance to set the dates, time and place for public hearing on the proposed annexation by the City of Cibolo of 79.978 acre tract of land situated in the Geronimo Leal survey, A-210, Guadalupe County,Texas,and generally located on the south side of FM 78 approximately one mile east of Country Lane. Councilman Ramcharan moved to approve an ordinance to set the date, time and place for a public hearing on the proposed annexation by the City of Cibolo of 79.978 acre tract of land located approximately one mile east of Country Lane. Motion was seconded by Councilman Castro. For: Council Members: Castro, Krasnai, Ramcharan and Davis,Against:None. Motion carried 4 to 0. 12. Executive Session The City Council will meet in Executive Session as authorized by Tex. Government Code Chapter 551.071 Consultations with Attorney to discuss the following: Legal issues involved in the issuance of city warrants,the magistration of defendants, and final disposition. Council convened into Executive Session at 9:35 P.M. 13. 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 10:40 P.M. Councilman Ramcharan moved to approve the recommendation made by the City Attorney concerning the issues with pre/post judgment, County JP, jail and warrant. Motion was seconded by Councilman Castro. For: Council Members: Castro,Krasnai,Ramcharan and Davis,Against None. Motion carried 4 to 0. Councilman Ramcharan moved to direct staff to bring back a resolution to council in February concerning Springtree Hollow. Motion was seconded by Councilman Krasnai. For: Councilman Castro, Krasnai and Ramcharan,Against: Councilwoman Davis. Motion carried 3 to 1 14. Staff Updates A. Capital Projects. B. Cibolo Valley Park C. Water Tower Property D. Edwards Aquifer Council was briefed on the above items 15. City Council request(s)re ardina specific items or staff reports to be scheduled for future agendas. Councilman Krasnai requested that on the second meeting in February that we provided all information the City has of Cibolo Valley Park. Councilman Ramcharan directed staff to come up with some design plans to remodel the dais area to make room for two more council members and also internet friendly. He suggested that we might look at neighboring City's to see what their council chambers consist of. Mayor Sutton requested a discussion at the next meeting on the creation of an Ambassador Emeritus. 16. Adjournment Councilman Ramcharan moved to adjourn the meeting at 10:55 P.M. Motion was seconded by Councilman Krasnai. For: Council Members: Castro,Krasnai,Ramcharan and Davis. Motion carried 4 to 0. PASSED AND APPROVED THIS 23RD DAY OF JANUARY 2007. Jo y utton M ATTEST: Peggy Cimics City Secretary Pursuant to Section 551.071 of the Texas Government Code, the City of Cibolo reserves the right to consult in closed session with its attorney and to receive legal advice regarding any item listed on this agenda. This facility is wheelchair accessible and accessible parking space is available. Request for accommodation or interpretive services must be made 48 hours prior to the meeting. Please contact the City Secretary at (210) 658- 9900 or FAX(210)658-1687.