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Min CC 07/11/2006 REGULAR CITY COUNCIL MEETING CIBOLO MUNICIPAL BUILDING 200 S.MAIN July 11,2006 7:vd 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 Castro Councilman Kelly Councilman Ramcharan—arrived at 7:10 P.M. Councilman Winn Councilwoman Davis 3. Invocation Councilwoman Davis 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). The following citizens signed up to speak to Council: Robert Johnston of 2021 Town Creek Rd spoke on the lack of work being done on drainage coming from. Charleston Park H across from Cove Lane. Charles Ruppert of 232 Winter Frost spoke on the closing of Springtree Hollow at Cibolo Valley Drive and he also spoke on item 9. Chad Royal of 129 Brook Bend spoke to council on parks the city lets developers build within the community. Cibolo is fast becoming little cities within a city. We need to begin looking at our ordinances and follow the master plan for the city parks. Mr. Royal also mentioned several areas of the city that side walks and street were failing. Mike Duc of 117 Chaparral Circle spoke on the annexation of Royal Oak Acres and no benefit to the city or residence of that area to be annex. Tony Krasnai of 2922 Green Valley Rd spoke on Cove Lane and Green Valley Rd which is still a lake when it rains. Rock has washed out no work has been done to make any improvements. Mr. Krasnai also spoke on the lack of code enforcement when it comes to grass being too tall or weeds not being cut. Bryon Mills of 2030 Green Valley Rd spoke to council on the annexation of the Royal Oaks Acres and Cherron Subdivision. Mr.Mills stated that the residence should be notified and have a say in what happens in their area. The city needs to talk and work with the citizens. Robert Dean of 17782 IH 35N spoke to council on the Dean property and his desire and the desire of the Dean Family to be annexed into the City of Cibolo. Mr. Dean stated what's good for the Dean Family is good for the City of Cibolo. Dean Danos of 108 Agarita Circle spoke to council on the annexation of Royal Oak Acres and her opposition to the annexation. Barbara Patnuch of 102 Plum Circle spoke regarding Royal Oak/Green Valley Annexation and his opposition to the annexation. 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 City Council Budget Workshop Meeting held on July 24,2006. B. Approval of the minutes of the Open Meetings Briefing held-on July 24,2006. - C. Approval of the minutes of the City Council Budget Workshop Meeting held on July 26,2006. D. Approval of the minutes of the Regular City Council Meeting held on July 27,2006. E. Acceptance of the June 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 Ramcharan. For: All,Against: None. Motion carried 5 to 0 7. Ma, orgy's Updates A. Municipal Judge Vacancy B. Secondary Water Supply Mayor Sutton briefed the members of the council on the applications received so far for the Municipal Judge vacancy. Mayor Sutton stated that he would be talking with the applicants and forwarding two or three to the council for review. The mayor also has spoken with the Mayor of Schertz and the City Manager on the possibility of Cibolo tapping into their water source on an emergency basis. There are several questions that need to be answered including a report by a chemist on the effect of the water system as Schertz uses chlorine and Cibolo uses Chloramines. 8. Recognition A. Recognition of the Volunteer Cibolo Fire Department for their dedication for containing and putting out the fire at 3590 Wetz located on the out skirts of Cibolo. Councilman Castro thanked the Cibolo Volunteer Fire Department for an outstanding job in putting out a fire on the outskirts of the city. The family had expressed thanks to Councilman Castro and he wanted the department to know that the family was impressed with the quality of service and the concern of the fireman. Councilman Castro also wanted the Volunteer Fire Department to know how much respect he has for the department. 9. Public Hearing Conduct a public hearing for the purpose of considering the re-zoning from C-1 to R-2B. Said tract of land being described as 11.793 acres of land more or less, situated in the Trinidad Garcia Survey, Abstract No. 137, Guadalupe County, Texas, and being that same tract of land described in Volume 1284, Page 623 Deed Records,Guadalupe County,Texas and being generally located on Northeast corner being approximately 75' West of Kove Lane for approximately 283 feet. The Eastern boundary, from the Northeast corner it projects south for approximately 1166' and from the frontage on Kove Lane at the Northwest corner the property projects South approximately 1199 feet. Mr. Ruppert spoke at this time and informed council that he thought the City was in violation as they had not given the proper legal notification for the Public Hearing. Mayor Sutton called a recess at 7:40 P.M. so the City Attorney Susan Rocha could substantiate the claim made by Mr. Ruppert. Mayor Sutton called the meeting back to order at 7:50 P.M. Susan Rocha stated after looking at all the documentation that the City had on the Public Hearing that they were within the legal time frame and the Public Hearing could continue. Mayor Sutton called the Public Hearing open and asked if any citizens would like to speak. No citizens spoke on the issue. Mayor Sutton asked Council if they had any comments, no council member spoke at this time. Mayor Sutton called the Public Hearing closed. 10. Discussion/Action(General) A. To receive an update from the Parks and Recreation Commission Chairman and the Cibolofest Chairperson. Council received an update on the Parks and Recreation Commission from Richard Simpson,Vice Chairman of the Parks and Recreation Commission. Mr. Simpson briefed council on the draft on the new Parks and Recreation Ordinance. He also briefed on developing priorities and the Rich Park Dedication. Mr. Simpson thanked the Girl Scouts for their community beautification project. Parks Commission is also researching grant opportunities. B. Discussion/Action on appointments to 5-Year CII' Sub-Committees and all other Cibolo Commissions and Committees with a current vacancy. No citizens available to appointment to any Cibolo Committee or Commission. C. Discussion/Action on the city's policy,process,and actions for annexation of ETJ property. After hearing from a few citizens and their opposition on the annexation of Royal Oak Acres and Cherron Subdivision council continued to discuss the annexation process. Councilman Kelly stated that the last annexation the City did along the 1103 corridor we held meetings with the landowners affected by the annexation. There was dialogue between the property owners and the City and Municipal Service Plans for both involuntary and voluntary annexations were prepared and explained. These meetings took place before the City started the annexation process so no landowner would be surprised by the action taken at a later date and would also be given the opportunity to request voluntary annexation. Mayor Sutton stated that he sees no reason to annex Royal Oak Acres into the City at this time. The streets need to be paved and we would be required to put in sewer lines that would have to be completed no later than four years from annexation. The Mayor also stated that it would take between $300 & $500 thousand dollars to bring services to Royal Oak Acres and that they currently receive no city services. Mayor Sutton also stated that the city would gain only $14,000 to $27,000 per year in tax revenue. The City has too many other major projects at the present time to take on this cost. Mayor Sutton stated that for the overriding good of the city, citizens and community at large we need to head toward 110 for annexation. Councilwoman Davis ask if the City annex the area of Royal Oak Acres and Cherron Subdivision would the City have to put water/sewer lines in now since they are presently on a septic system. Councilman Winn was not in favor of withdrawing the annexation plan and felt that their some miscommunication occurred but as long as the City followed the legal steps we should continue the process. Councilman Kelly moved to rescind the action of June 27,2006, Item 8G, on involuntary annexation and schedule an Annexation Workshop to be held following the Budget Workshop on July 17, 2006. Motion was seconded by Councilman Ramcharan. For: Council Members: Kelly, Ramcharan, Castro and Davis, Against: Councilman Winn. Motion carried 4 to 1. D. Discussion/Action regarding an agreement with the Department of Public Safety to provide drivers license checks on new and current employees of the City of Cibolo. Todd Parton briefed the council on the agreement with the Department of Public Safety (DPS) to provide drivers licepse check on all employees that driv€ a city or could drive a city vehicle. Todd explained the safe guarding of the information and only certain people would have access to the information. Councilman Ramcharan moved to approve the agreement with DPS. Motion was seconded by Councilman Kelly. For: All,Against: None. Motion carried 5 to 0. E. Staff report and update on the City's contract for Solid Waste Services. City Manager Todd Parton clarified an item from last Council Meeting on the Solid Waste Contract. At the last meeting it was indicated that the City could not do an extension of the present contract. After looking into the contract and speaking with Mr. Gutierrez the City does have an option that could provide for an two year extension. Mr. Gutierrez spoke to council and stated that he is a local business man and would like to continue offering Cibolo their solid waste service. Council directed the City Manager to request a proposal from Bexar Waste that reflected the current level of service. F. Approval/Disapproval regarding the Regional Water Alliance: 1. an interlocal agreement for participation in the Regional Water Alliance; and 2. the appointment of a City of Cibolo representative to the Regional Water Alliance. Council briefly went over the interlocal agreement for participation in the Regional Water Alliance. The primary benefit would be for the City to have a voice on regional water issues. The fee for the City to participate in the Regional Water Alliance would be$200.00 a year. Councilman Kelly moved to approve the City of Cibolo participation in the Regional Water Alliance. Motion was seconded by Councilman Castro. For: Councilman Kelly, Councilman Ramcharan and Councilman Castro, Against: Councilwoman Davis and Councilman Winn. Motion carried 3 to 2. Councilman Kelly moved to appoint Councilman Gabriel Castro as the City of Cibolo representative to the Regional Water Alliance. Motion was seconded by Councilman Ramcharan. For: Council Members Kelly, Ramcharan and Castro,Abstain: Councilman Winn and Councilwoman Davis. Motion carried 3 to 2. G. Discussion/Action regarding approval or disapproval of the proposed FY 2007 budget for the Bexar Metro 9-1-1 Network District. After a brief discussion among council members on the proposed 2007 budget for the Bexar Metro 9-1-1 Network Councilwoman Davis moved to approve the budget. Motion died for lack of second. Councilman Winn moved to disapprove the proposed 2007 budget for the Bexar Metro 9-1-1 and forward comments along the lines of the letter Schertz provided. Motion was seconded by Councilman Kelly. For: Council Members Kelly, Castro,Winn and Ramcharan,Against: Councilwoman Davis. Motion carried 4 to 1. 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. After discussion among council it was determine that the Town Hall Meeting scheduled for July 22 be moved to July 29,2006 starting at 9:30 A.M. 11. Executive Session Pursuant to Tex. Government Code Sec 551.071 Attorney Client Consultation and 551.072 Real Property and 552.072 Real Estate,the City Council will meet in Executive Session to discuss the following: A. Discussion regarding the 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. Council convened into Executive Session at 8:58 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 re-convened into Regular Session at 9:12 P.M. Councilman Kelly moved to direct the City Manager to review the Easement Agreement with the City Attorney and enter into the agreement for the Town Creek East drainage project. Motion was seconded by Councilman Winn. For: All,Against: None. Motion carried 5 to 0. 13. Staff Update A. Waterline Update B. Road Failure—Longhorn Way(Cibolo Valley Ranch) C. Information Technology Services City Manager Todd Parton gave the council an update of the above items. 14. City Council request regarding specific items or staff reports to be scheduled for future agendas. No items specific items mention by any council member for future agendas. 15. Adjournment Councilman Kelly moved to adjourn the meeting at 9:25 P.M. Motion was seconded by Councilman Winn. For: All,Against: None. Motion carried 5 to 0. PASSED AND APPROVED THIS 25TH DAY OF JULY 2006. c'0 y Sutton Mayor ATTEST: Peggy Cimics City Secretary