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Min CC 11/14/2006 REGULAR CITY COUNCIL MEETING CIBOLO MUNICIPAL BUILDING 200 S.MAIN November 14,2006 7:00 P.M. MINUTES 1. Call to Order—Mayor Sutton called the meeting to order at 7:05 P.M. 2. Roll Call Mayor Sutton Councilman Ramcharan Councilman Castro Councilman Winn Councilwoman Davis 3. Invocation—Councilwoman Davis 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). Mr. Steve Henry of 240 Lieck Cove spoke to council and thanked them for the opportunity to participant in the Cibolo Citizens Police Academy. Mr.Bob Dean spoke about annexation of his property by the City of Cibolo. 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 councihnember 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 October 24,2006. B. Approval of the minutes of the Public Hearing held on November 9,2006. Councilman Winn moved to approve the consent agenda. Motion was seconded by Councilman Ramcharan. For: Council Member: Castro,Ramcharan,Winn and Davis,Against: None. Motion carried 4 to 0. 7. Discussion/Action(General) A. Discussion/Action to appointment an individual to fill the Place 2 position. Mayor Sutton introduced the five citizens(Chad Royal, Steve Liparato,Dick Hetzel,Tony Krasnai and Brent Hartman)that had expressed an interest in filling the Place 2 vacancy. All candidates gave council a brief introduction about them self and if they had served on any commission or committee. Councilwoman Davis had three questions that each individual was given and they all responded to those questions. Councilman Ramcharan moved to appoint Chad Royal to fill the Place 2 vacancy and the motion was seconded by Councilman Castro. For: Councilman Castro and Councilman Ramcharan,Against: Council Member Winn and Davis. Motion failed 2 to 2. Councilman Winn moved to appoint Steve Liparato to fill the Place 2 vacancy and the motion was seconded by Councilwoman Davis. For: Council Member Davis and Winn,Against: Councilman Ramcharan and Castro. Motion failed 2 to 2. Councilman Castro moved to appoint Brent Hai a.to fi.l We Place 2 vacancy and the motion was seconded by Councilman Ramcharan.For: Councilman Castro and Ramcharan,Against: Council Members Davis and Winn. Motion failed 2 to 2. Councilman Winn moved to appoint Tony Krasnai to fill the Place 2 vacancy and the motion was seconded by Councilwoman Davis. For: Council Members: Castro,Winn,Davis and Ramcharan,Against: None. Motion carried 4 to 0. 8. Ceremonial A. Administering the oath of office to the individual selected to fill the Place 2 position. Oath of office was given to Mr.Tony Krasnai by the City Secretary. 9. Presentation A. Presentation of a plaque to Rudeen Ramcharan for 4 years of volunteer service with the Parks Commission and the City of Cibolo. Mayor Sutton presented Rudeen Ramcharan a plaque for 4 years service to the City of Cibolo and the Parks Commission. B. Presentation by the Big Brother/Big Sister Program of South Texas. Councilman Castro introduced to the council and all those in attendance Shannon Dickson the representative from the South Texas Big Brother/Big Sister Program. Ms. Dickson gave a presentation on the history and goals of the Big Brother/Big Sister Program. She explained the growing need in this area for such a program and hoped that the community would get involved in this youth oriented program. C. Presentation by Blue Clover on the City identity,tagline and stationary as well as City Seal. Nancy McBeth City Planner and EDC along with Mr.Pena from Blue Clover gave a presentation on the new City identity, tagline, stationary as well as the City Seal. Designs were available and shown to both council and all those in attendance. D. Presentation from Canyon Regional Water Authority(CRWA). This presentation was given by the City Manager Todd Parton and David Davenport from Canyon Regional Water Authority. 10. Public HearinFP - A. Conduct a public hearing regarding the proposed annexation of the property generally located at the intersection of the north right-of-way line of the Union Pacific Railroad and the existing east City limit line of the City of Cibolo,Guadalupe County,Texas. Mayor Sutton opened the Public Hearing at 8:44 P.M. and the City Manager Todd Parton went over the Service Plan. No questions from council or those in attendance and the Mayor closed the Public Hearing at 8:55 P.M. B. Conduct a public hearing regarding the recommendation from the Planning and Zoning Commission on the consideration of the zoning change from R-U to R-2B. Said tract of land being a 161.463 acre tract of land more or less, situated in the James Jones Survey No. 263, Abstract No. 194, out of that 228.5 acre tract described in Volume 1258, Page 343, official Records Guadalupe County, Texas and being generally located north of the intersection of Town Creek and Green Valley Roads. Councilman Ramcharan moved to pull this item from the agenda. Motion was seconded by Councilman Castro. For: Council Members: Castro, Krasnai, Ramcharan, Winn and Davis. Against: None. Motion carried 5 to 0. C. Conduct a public hearing regarding the recommendation from the Planning and Zoning Commission on the consideration of the zoning change from R-1 to R-2B. Said tract of land being a 31.572.acre tract situated in the Gustavus Bunson Survey,Abstract No. 72 out of a 206.8 acre tract conveyed to Theodore F. Schmidt in Volume 232,Page 82 of the Deed Records of Guadalupe County,Texas and being generally located southwest of the intersection of Old Weiderstein Road and Dean Road. Council Castro moved to pull this item from the agenda. Motion was seconded by Councilman Winn. For: Council Members: Castro,Krasnai,Ramcharan,Winn and Davis. Against:None. Motion carried 5 to 0. 11. Discussion/Action A. Discussion/Action on establishing Council Liaisons to the Planning & Zoning Commission and CIP Committee. Councilman Winn volunteered to be the council liaison to the Planning and Zoning Commission and Councilman Ramcharan moved to appoint Councilman Krasnai as the council liaison to the CIP. Motion was seconded by Councilman Castro. For: Council Members: Castro, Krasnai, Ramcharan, Winn and Davis. Against: None. Motion carried 5 to 0. B. Discussion/Action on appointments and re-appointments to 5-Year CIP Sub-Committees and all other Cibolo Commissions and Committees with a current vacancy. Mr. Charles Cyr expressed an interest to serve on the Planning and Zoning Commission and he briefly informed council of his experience as an Urban Planner and that he had a BS in City and Regional Planning. The City Manager explained to Council that the Parks ordinance states that all terms expired the end of September and that we could either re-appoint or try and get new volunteers. All the members of the Parks Commission would like to be re-appointed with the exception of Rudeen Ramcharan. Councilman Winn moved to appoint Mr. Cyr to fill the Place 1 position which is currently vacant on the Planning and Zoning Commission and to re-appoint all the Parks members with the exception of Rudeen Ramcharan to another term. Motion was seconded by Councilman Krasnai. For: Council Members: Castro, Krasnai, Ramcharan, Winn and Davis. Against: None. Motion carried 5 to 0. C. Discussion/Action on addressing the sidewalk and drainage conditions at Dietz Road and Notchleaf. Councilman Winn stated that this issue should be dropped as the sidewalk in on private property. After several minutes of discussion among council members it was decided that staff should look into the issue and see if the City needs to do anything else. Councilman Winn moved to have staff look into problem and Councilman Castro seconded the motion. For: Council Members: Castro, Davis, Winn, Ramcharan and Krasnai. Against: None. Motion carried 5 to 0. D. Discussion/Update on the Cibolo Youth Council. Councilman Castro gave an update on the Cibolo Youth Council. The Youth Council had a meeting with Charles Zech on the Open Meeting Act and they also had a presentation from the Big Brother/Big Sister Program. E. Discussion/Action regarding the request from Mr. W for an exception to the fireworks ordinance pursuant to the involuntary annexation procedures initiated by the City on September 26,2006. Mr. W Fireworks presented to council a letter requesting that in the event of the proposed annexation that the City grant Mr. W a grandfathering "grace-period" exemption from the enforcement of the prohibition of fireworks sales within the annexed area for a period not to exceed ten (10 years. They felt that they would unfairly suffer relatively sudden economic harm if they were not allowed to continue their business. There was a discussion among council on this issue. Councilman Castro stated that we would like to see a 3 to 5 year grandfathering of this request. City attorney Susan Rocha stated that there was no state law requiring the grandfathering of such a business. Councilman Ramcharan stated that this was a seasonal business that employed youth from the community and he supported small business for economic development. Councilman Winn stated that the City of Cibolo has an ordinance banning fireworks from being manufactured, assembled, stored, transported, received, kept, sell or offer for sale in the City limits of Cibolo. If we allow Mr. W to sell fireworks anyone purchasing according to this ordinance would be in violation and subject to a ticket and fine. Mayor Sutton suggested that more discussion should be held with the landowner, staff, and police and if possible come up with an acceptable plan. The Mayor also suggested that Mr. W may want to contact each council person and discuss the concerns they have on an individual basis. F. Discussion/Action on granting Bexar Waste a franchise to operate a garbage collection service in the City of Cibolo. City Manager Todd Parton went over the franchise agreement with council. Mr. Gutierrez from Bexar Waste also went over the changes and also thanked council and stated that he will continue every effort to provide the City of Cibolo with excellent and timely services at reasonable rates. G. Discussion/Action on the processes and procedures for placing items on the City Council agendas. Councilwoman Davis went over the process of adding an item on the agenda and just how an item would be removed. There were no other comments by council and the item was closed. H. Discussion/Action on the City of Cibolo support and cooperation with the Cibolo Scholarship Pageant. Councilman Castro explained the Cibolo Scholarship Pageant to council and all those in attendance. He stated that pageants have the ability to strengthen a community and also they get parents more involved in what's going on in their Schools and City's. I. Discussion/Action on an Inter-local Agreement between the City of Cibolo and the SCUCISD concerning the use and access to Rich Park. Todd Parton City Manager went over the proposed interlocal Agreement between the City of Cibolo and Schertz-Cibolo-Universal City Independent School District regarding access to Watts Elementary School and the Al Rich Park multi-use sports field.The school district is looking for a 20 year commitment from the City. There was a discussion among the council on construction and maintenance. Councilman Winn moved to approve the agreement with the initial agreement being a twenty year term renewable by written agreement for two additional terms of fifteen years each. The motion was seconded by Councilman Ramcharan. For: Council Members: Castro,Krasnai,Ramcharan,Winn and Davis. Against: None. Motion carried 5 to 0. J. Discussion/Action on the Borgfeld Homestead Preservation petition. Mayor Sutton briefed council that the individual that wanted to present the petition was unable to make the meeting and would be back in December to address council. K. Discussion/Action on the Cibolo Valley Park Project Schedule. City Manager Todd Parton gave council an update on the Cibolo Valley Park Project. L. Discussion/Action on a breakdown of the profits from the Cibolo Fest 2006. This item was tabled until the next regular scheduled meeting set for December 12,2006. M. Discussion/Action on awarding the bid to purchase new police vehicles. Mark Riffe Cibolo Police Chief briefed the council on the bid proposals for new police vehicles. Councilman Winn moved to approve the purchase of the police vehicles through H-GAC Cooperative Purchasing Program which the supplier will be Dallas Dodge Motor Company, Dallas, Texas. The motion was seconded by Councilman Ramcharan. For: Council Members: Castro, Krasnai, Ramcharan, Winn and Davis. Against: None. Motion carried 5 to 0. N. Discussion/Action to adopt the certified 2006 Tax Roll from Guadalupe County. Councilman Winn moved to adopt the certified 2006 Tax Roll from Guadalupe County. Motion was seconded by Councilman Castro. For: Council Members: Castro, Krasnai, Ramcharan, Winn and Davis. Against: None. Motion carried 5 to 0. O. Receive a report and provide direction to staff regarding the Parks and Recreation Commission recommendation to amend the Park Ordinance and establish a park improvement fee. Nancy McBeth briefed council on Park Land and Park Improvement Fees. Councilman Winn moved to approve the recommendation of staff and the Parks Commission on Park Land and Park Improvement Fees. Motion was seconded by Councilwoman Davis. For: Council Members: Castro,Krasnai, Ramcharan, Winn and Davis. Against: None. Motion carried 5 to 0. P. 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 November and December calendar. 12. Resolutions A. Approval/Disapproval of a resolution calling for cooperation and support between the City of Ciboio and the Big Brothers/Big Sisters Program of South Texas. Councilman Winn moved to approve the resolution calling for cooperation and support between the City of Cibolo and the Big Brothers/Big Sister Program. Motion was seconded by Councilman Ramcharan. For: Council Members: Castro,Krasnai,Ramcharan,Winn and Davis. Against: None. Motion carried 5 to 0. B. Approval/Disapproval of a resolution calling for cooperation between the City of Cibolo and the Cibolo Scholarship Pageant. Councilman Winn moved to approve the resolution calling for cooperation between the City of Cibolo and the Cibolo Scholarship Pageant. Motion was seconded by Councilman Ramcharan. For: Council Members: Castro,Krasnai,Ramcharan,Winn and Davis. Against: None. Motion carried 5 to 0. C. Approval/Disapproval of a resolution recognizing that the voters of the City of Cibolo, Texas passed and approved a one-quarter cent sales tax for economic development at the election held on November 7,2006. Councilman Ramcharan moved to approve the resolution recognizing that the voters of the City of Cibolo passed and approved a one-quarter cent sales tax for economic development. Motion was seconded by Councilman Winn. For: Council Members: Castro, Krasnai,Ramcharan, Winn and Davis. Against: None. Motion carried 5 to 0. D. Approval/Disapproval of a resolution recognizing that the voters of the City of Cibolo, Texas passed and approved a one-quarter cent sales tax for street maintenance at the election held on November 7,2006. Councilman Ramcharan moved to approve the resolution recognizing that the voters of the City of Cibolo passed and approved a one-quarter cent sales tax for street maintenance. Motion was seconded by Councilwoman Davis. For: Council Members: Castro, Krasnai, Ramcharan, Winn and Davis. Against: None. Motion carried 5 to 0. 13. Ordinances A. Approval/Disapproval of an ordinance to provide for the extension of Cibolo, Texas City limits by the annexation of a tract of land containing 35.809 acres located on the Southside of I.H. 35 1300 feet west of Weiderstein Road and approving a service plan for such area. Councilman Ramcharan moved to approve the ordinance to annex a tract of land containing 35.809 acres located on the south side of I.H. 35 and being 1300 feet west of Weiderstein Road. Motion was seconded by Councilwoman Davis. For: Council Members: Castro, Krasnai, Ramcharan, Winn and Davis. Against: None. Motion carried 5 to 0. B. Approval/Disapproval of an ordinance to provide for the extension of Cibolo, Texas City limits by the annexation of a tract of land containing 35.872 acres located on the Southside of I.H. 35 2500 feet west of Weiderstein Road and approving a service plan for such area. This item was pulled from the agenda. C. Approval/Disapproval of an ordinance to provide for the extension of Cibolo, Texas City limits by the annexation of a tract of land containing 161.463 acres located north of the intersection of Town Creek Road and Green Valley Road and approving a service plan for such area. This item was pulled from the agenda. D. Approval/Disapproval of an ordinance to provide for the extension of Cibolo, Texas City limits by the annexation of a .tract of land containing 33.501 acres located on the northeast right of way of FM 1103 between Orth Avenue and Green Valley Road and approving a service plan for such area. This item was pulled from the agenda. E. Approval/Disapproval of an ordinance granting Bexar Waste a franchise to operate a garbage collection service in the City of Cibolo. Councilman Ramcharan moved to approve the ordinance granting Bexar Waste a franchise to operate a garbage collection service in the City of Cibolo. Motion was seconded by Councilwoman Davis. For: Council Members: Castro,Krasnai,Ramcharan,Winn and Davis. Against: None. Motion carried 5 to 0. 14. Executive Session Pursuant to Tex. Government Code Sec. 551.071 Attorney Client Consultation and 551.074 Personnel Matters,the City Council will meet in Executive Session to discuss the following. A. Discussion regarding water utility CCN issues. B. Discussion regarding assignment of Warrant Officers duties and other alternatives. Council convened into Executive Session at 10:20 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 11:07 P.M. Council directed the City Manager to work with the Police Chief on personal issues dealing with the Police Department. 16. Staff Updates A. Water Tower Site(Winn) B. Capital Projects. City Manager Todd Parton briefed council on the above updates. 17. City Council request ss)regardinsnecific items or staff reports to be scheduled for future a eg_ndas. No items. 18. Adjournment Councilman Krasnai moved to adjourn the meeting at 11:12 P.M. Motion was seconded by Councilman Ramcharan. For: Council Members: Castro,Krasnai,Ramcharan,Winn and Davis. Against: None. Motion carried 5 to 0. PASSED AND APPROVED THIS 12TH DAY OF DECEMBER 20 J� y Sutt ayor ATTEST: Peggy Cimics City Secretary