Loading...
Min CC 08/08/2006 REGULAR CITY COUNCIL MEETING CIBOLO MUNICIPAL BUILDING 200 S. MAIN August 8,2006 7:00 P.M. MINUTES 1. Call to Order—Mayor Sutton called the meeting to order at 7:00 P.M. 2. Roll Call Mayor Sutton Councilman Castro Councilman Kelly Councilman Ramcharan—Arrived at 7:44 PM Councilman Winn Councilwoman Davis -Absent 3. Invocation Mayor Sutton gave the invocation. 4. Pledge of Allegiance Councilman Kelly 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). Miguel Troncoso of 139 Navajo spoke to council on the lack of lights and speed limit signs at Steele High School. Mr. Troncoso also wanted to see what council was doing on getting the City Reserves back up to an acceptable level and what the status of Main Street reconstruction including sidewalks and curbs. Lisa Davis of 200 Fawn Ridge stated that she had been to the Street&Drainage Commission and had ,poke concerning the lack of no paJu ng signs at Waris 11 ment�.a.�y School. P�Yents are driving to fast and parking in front of homes blocking driveways. Ms. Davis also stated that the Y�lice sometimes sit in their car watching the traffic but if they were to get out of the car and be more visible parents may move their cars or not park incorrectly. Terry Hinze—Board Member of Schertz, Cibolo, Universal City School District informed council on some of the improvements scheduled for the schools in the Cibolo area. He also stated that the school board has instituted an inter-governmental committee to help the school district get the word out on certain matters to the general public. 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 City Council Meeting held on July 25,2006. B. Approval of the minutes of the City Council Budget Workshop Meeting held on July 24, 2006. C. Approval of the minutes of the City Council Budget Workshop Meeting held on July 31, 2006. D. Approval of the minutes of the Town Hall Meeting held on July 29,2006. E. Acceptance of the July 2006 Check Register pending final acceptance of the City's financial audit for the 2006 Fiscal Year. Councilman Kelly moved to approve the consent agenda. Motion was seconded by Councilman Winn. For: All,Against: None. Motion carried 3 to 0. 7. Presentation/Report A. Receive a presentation by Mr. Jon Williams with the Randolph Metrocom Chamber of Commerce regarding a marketing plan for the Randolph Metrocom Chamber of Commerce. No representative from the chamber was present to give their presentation. Councilman Kelly moved to table the item for a later date. Motion was seconded by Councilman Winn. For: All, Against: None. Motion carried 3 to 0. B. Receive a report from Mr. Roy Rosin, engineer with Rosin-Johnson Engineering, regarding the status of the drainage work and the infrastructure repairs/upgrades in the Woodstone Subdivision. Mr. Roy Rosin was not available and Councilman Winn moved to table item indefinitely. Motion was seconded by Councilman Castro. For: All,Against: None. Motion carried 3 to 0. 8. Discussion/Action(General) A. Discussion/Action on appointments to 5-Year CIP Sub-Committees and all other Cibolo Commissions and Committees with a current vacancy. Mr. Calvin Marshall indicated to council that he would like to serve on the Business Development Committee. Mr. Marshall has the time to attend the meetings and would like to get involved with the City. Councilman Kelly moved to appoint Mr. Marshall to the Business Development Committee. Motion was seconded by Councilman Castro. For: All,Against: None. Motion carried 3 to 0. B. Discussion/Action regarding the creation of a 501 C-3 non-profit organization for the annual Cibolo Fest event. Briefed by Todd Parton, City Manager and Michelle Sutton Cibolofest co-chairman. Due to the growth in the event and the successful sponsorship activities it has come time to create a 501C-3 non- profit organization that is separate from the City. Some of the benefits would be corporate sponsors as they are eligible for a tax credit. The 501 C-3 organization would have to declare its purpose with the paperwork they file. The purpose proposed for the organization would be for public purposes specifically related to recreation and quality of life improvements for the City. Councilman Castro moved to show Council support of the creation of a 501C-3 for the Cibolofest. Motion was seconded by Councilman Winn. For: All, Against: None. Motion carried 3 to 0. C. Discussion/Action regarding the Parks and Recreation Commission's recommendation for accepting the petition to accept the park lands, initiate park improvements, and name the park lands or park amenities for Mr. Ernst H. and Mrs. Elaine S. Schlather. (Parks and Recreation Commission). Councilman Winn stated that the Schlather Family is one of the founding family's of Cibolo and he moved to approve the petition to accept the park lands, initiate park improvements, and name the park for Mr. Ernst H. and Mrs. Elaine S. Schlather. Motion was seconded by Councilman Castro. For: All,Against: None. Motion carried 3 to 0. D. Discussion/Action regarding a reimbursement request from Cibolo Green Brook, Limited in the amount of$455,021.98 for the City of Cibolo's pro rata share of the costs for improvements to Cibolo Valley Drive and the City's lands located along Cibolo Valley Drive in accordance with the provisions of a development agreement between the City of Cibolo and Cibolo Green Brook Partners, Limited. The City Manager Todd Parton explained to council the Development Agreement between the City of Cibolo and Cibolo Green Brook, Limited. This request is for the 1,196.88 linear feet of Cibolo Valley Drive most recently completed. This is the "S" curve portion of the roadway that extends from Green Valley Drive north to the original Cibolo Valley Drive just north of Spring Tree Hollow. Councilman Winn asked for a clarification on the reimbursement. Mr. Aiken the developer explained the agreement and formula. After Mr. Aiken completed his explanation Councilman Kelly moved to approve the reimbursement request from Cibolo Green Brook. Motion was seconded by Councilman Ramcharan. For: All,Against: None. Motion carried 4 to 0. E. Discussion/Action regarding the ballot language for a 1/4 cent 4-B Sales Tax proposition to be placed on the November 2006,ballot. This item was briefed by the City Attorney Susan Rocha. Ms. Rocha went over the ballot language for both the 4-B Sales Tax. Councilman Kelly moved to approve the ballot language for the 4-B Sales Tax proposition for the November ballot. Motion was seconded by Councilman Ramcharan. For: All,Against: None. Motion carried 4 to 0. F. Discussion/Action regarding the ballot language for a 1/4 cent Street and Drainage Maintenance Sales tax proposition to be placed on the November 2006,ballot. Susan Rocha explained to council the ballot language for the Street and Drainage proposition. Councilman Winn moved to approve the ballot language for the Street and Drainage Maintenance Sales tax proposition for the November ballot. Motion was seconded by Councilman Ramcharan. For: All,Against: None. Motion carried 4 to 0. G. Receive the FY 2007 Budget submission from the City Manager. City Manager Todd Parton submitted to the City Council in accordance with Article VII Financial Procedures of the City Charter the Fiscal Year 2007 Annual Budget. H. Discussion/Action to set the time, date and place for the public hearing for the proposed FY 2007 Budget. Staff recommendation to council was to hold two public hearing dates for citizens to give input on the Fiscal Year 2007 Budget. Councilman Kelly moved to set Aug 22 and Aug 29, 2006 at 7:00 PM in the Municipal Offices, 200 S. Main for the public hearing on the FY Budget. Motion was seconded by Councilman Castro. For: All,Against: None. Motion carried 4 to 0. I. Discussion/Action regarding construction traffic on City streets and potential liability for street damage. After a brief discussion among council Councilman Kelly moved to direct staff to make appropriate ordinance changes that address construction of traffic routing in the platting process. Motion was seconded by Councilman Ramcharan. For: All,Against: None. Motion carried 4 to 0. Council also directed staff to send a letter to D.R. Horton advising them that they will be held liable for damage to Thistle Creek and Silver Wing caused by construction traffic to and from Falcon Ridge that is not using the Cibolo Valley DriveBorgfeld agreed upon routing. J. Discussion/Action on annexation policies and procedures for the City of Cibolo. Todd Parton briefed council on the annexation policies and procedures that have been prepared in accordance with the direction provided by the City Council at the workshop of Monday, July 31, 2006. This annexation policy and procedures is intended solely as a guide to current and future City Council members to help ensure that the City grows in an orderly manner. It will also ensure maximum communication with property owners who may become the subject of future annexations. Councilman Kelly moved to approve the annexation policy and procedures for the City of Cibolo. Motion was seconded by Councilman Ramcharan. For: All, Against: None. Motion carried 4 to 0. K. 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 August and September calendars. Council decided to set a Budget Workshop for Thursday, August 17 starting at 6:OOPM at the City Municipal Offices, 200 S. Main. 9. Ordinances A. Discussion/Action regarding an ordinance to amend the City of Cibolo FY 2006 budget to provide funding allocations for a request for reimbursement by Cibolo Green Brook, Limited for improvements to Cibolo Valley Drive and the City lands located along Cibolo Valley Drive. Councilman Kelly moved to approve the ordinance to amend the City of Cibolo FY 2006 budget to reimburse Cibolo Green Brook, Limited. Motion was seconded by Councilman Castro. For: All, Against: None. Motion carried 4 to 0. B. Discussion/Action regarding an ordinance to amend Ordinance No. 583 City of Cibolo Sign Ordinance. Sign ordinance was briefed by staff. Councilman Kelly moved to approve the ordinance to amend ordinance no. 583, Sign Ordinance. Motion was seconded by Councilman Winn. For: All, Against: None. Motion carried 4 to 0. C. Discussion/Action regarding the recommendation from the Planning and Zoning Commission for approval of an ordinance to amend Ordinance 590, Land Subdivision Ordinance;providing a savings clause and for the repeal of all ordinances in conflict herewith; providing an effective date; and containing provisions relating to the subject. This ordinance was explained to council by staff. After a few minutes of discussion Councilman Ramcharan moved to approve the recommendation from the Planning & Zoning Commission on the amendment to ordinance 590, Land Subdivision. Motion was seconded by Councilman Winn. For: All,Against: None. Motion carried 4 to 0. D. Discussion/Action regarding the recommendation from the Planning and Zoning Commission for approval of an ordinance to amend Ordinance 609, Zoning Ordinance for the City of Cibolo, Texas; providing a savings clause and for the repeal of all ordinances in conflict herewith; prescribing a penalty for violation thereof, a fine as stipulated, and making each day such violation(s) exist a separate offense; providing an effective date; and containing provisions relating to the subject. Staff explained the ordinance to council. Councilman Kelly moved to approve the recommendation from the Planning & Zoning Commission of the ordinance to amend Ordinance 609 (Zoning). Motion was seconded by Councilman Castro. For: All,Against: None. Motion carried 4 to 0. 10. Executive Session Pursuant to Tex. Government Code Sec. 552.072 Real Estate, Sec. 551.072 Real Property, and Section 551.071 Attorney/Client Consultation and Pending or Contemplated Litigation to discuss with the City Attorney the following: A. Acquisition of an easement for Phase 1 of the Town Creek Drainage Project and discuss with the City Attorney the legal alternatives to the purchase of the easement/property from the landowners. B. Extraterritorial jurisdiction(ETJ) situation with the City of Schertz and possible legal remedies. C. Possible conflict of interest with bond counsel Fulbright and Jaworski. Council convened into Executive Session at 9:08 PM. 11. Oven Session Reconvene into Regular Session and take action/or give staff direction, if necessary, on items discussed in Executive Session. Council re-convened into regular session at 9:36 PM. Councilman Ramcharan moved to have the City Manager explore a replacement for Fulbright and Jaworski as the City of Cibolo's Bond Council due to a conflict of interest. Motion was seconded by Councilman Winn. For: All,Against: None. Motion carried 4 to 0. 12. Staff Update A. Cibolo Fest B. Town Creek Sewer Outfall Line C. Green Valley Road/Kove Lane Drainage D. Water Meter Conversion Project City Manager gave an update to council on all the above items. 13. City Council request regarding specific items or staff reports to be scheduled for future agendas. No specific items were identified by council for the next regular scheduled Council Meeting. 14. Adjournment Councilman Kelly moved to adjourn the meeting at 9:44 PM. Motion was seconded by Councilman Ramcharan. For: All,Against: None. Motion carried 4 to 0. PASSED AND APPROVED THIS 221'1D DAY OF/Y1 ATTEST: a'7S'72� Peggy Cimics City Secretary