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Min CC 07/25/2006 REGULAR CITY COUNCIL MEETING CIBOLO MUNICIPAL BUILDING 200 S.MAIN July 25,2006 7:00 P.M. NIINUTES 1. Call to Order—Mayor Sutton called the meeting to order at 7:03 P.M. 2. Roll Call Mayor Sutton Councilman Castro Councilman Kelly Councilman Ramcharan CounciLmanWinn Councilman 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: Chad Royal of 129 Brook Bend spoke to council and thanked both council and staff for taking the time to reviewing and looking at revising the subdivision ordinance. He also was especially pleased that they were reviewing the Parks area. 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 10,2006. B. Approval of the minutes of the City Council Budget Workshop Meeting held on July 17,2006. C. Approval of the minutz;s of the loeguiar City Council Meeting held on July 11,2006. Councilman Kelly moved to approve the consent agenda. Motion was seconded by Councilman Ramcharan. For: All,Against: None. Motion carried 5 to 0. 7. Reco iii A. Recognition of the Cibolo Public Works Department for their dedication and effort of the channelization work done in Lantana Subdivision. The City Manager Todd Parton iniaoduced -Rol;eit Veia the f oreman for Public Works. Mr. Parton congratulated Robert Vela and his crew for a fantastic work they did in the Lantana Subdivision. 8. Executive Session Pursuant to Tex. Government Code Sec. 551.071 Attorney Client Consultation and Sec. 551.074 Personnel Matters,the City Council will meet in Executive Session to discuss the following: A. Discussion regarding the appointment of a Cibolo Municipal Judge. Council convened into Executive Session at 7:08 P.M. 9. 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 7:52 P.M. Councilman Kelly moved to appoint Mr. Carson as Cibolo Municipal Court Judge to serve the unexpired term and to offer Mr. Trevino the position as alternate Cibolo Municipal Court Judge to serve until May 2007. Motion was seconded by Councilman Winn. For: All,Against: None. Motion carried 5 to 0. 10. Public Hearing Conduct a public hearing for the purpose of amending Ordinance 590, Subdivision Ordinance and 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. Mayor Sutton opened the Public Hearing at 7:57 P.M. and asked if anyone in the audience or council would like to speak on this item. No one had comments on this item and Mayor Sutton closed the Public Hearing at 7:58 P.M. 11. Discussion/Action(Development Items) A. Discussion/Action regarding the recommendation for approval from the Planning and Zoning Commission on a variance for sign size at the Guadalupe County Farm Bureau office located at 750 Schneider Drive, Suite#140. There was discussion among council members on the variance for sign size at the Guadalupe County Farm Bureau. Council discussed changing the sign ordinance instead of granting a variance. Councilman Winn questioned as to why it took so long for council to receive the variance request. Staff explained that we received all infoianation in late May and it was sent to the Planning & Zoning Commission in June and City Council in July. Mr. Ray Pansies, President Guadalupe County Farm Bureau stated that once approved it would take four to five weeks before the sign would be installed. Councilman Kelly moved to grant the recommendation for approval from the P & Z Commission on the sign variance for the Guadalupe County Farm Bureau Office per their submitted sign drawing. Councilman Kelly also directed staff to have a sign ordinance amendment to council at the August 8 Council Meeting. Motion was seconded by Councilman Castro. For:- All,Against: None. Motion carried 510 0. 12. 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. Josh Welsh spoke to council on his desire to get involved in Cibolo. He has filled out a volunteer application and would like to serve on one of Cibolo's Committees/Commissions. Mr.Welsh is in the process of building a home in Cibolo and plans on occupying his house sometime in December/January timeframe. He realizes that he is not eligible for a committee until he physically moves in but would like to keep his application on file. Zamia Le Grande approached the council on her desire to serve on the Business Development Committee. Ms.Le Grande moved into the area wants to be involved in the City. Councilman Kelly moved to approve the application of Zamia Le Grande to the Cibolo Business Development Committee. Motion was seconded by Councilman Ramcharan. For: All,Against: None. Motion carried 5 to 0. B. Discussion/Action on awarding the bid for the contract for meter replacement. Todd Parton City Manager briefed council on the meter conversion bid. The City of Cibolo received one bid in response to the advertisement for the radio reads meter conversion project. Both council members Winn and Davis expressed concern that the City had only received one bid. Councilman Winn also expressed the real need for the meter conversion at this time. Staff briefed council that there were 2,941 5/8" meters to be converted. City has a remaining fund balance of 463,000 for this project. Council was briefed on three options: 1. reduce the total number of residential meter replaced from 2,941 to 2,453 and have the contractor replace the 1"and larger meters (33 total meters). 2. reduce the total number of residential meters replaced to 2,515 meters and replace the 1" and larger meters in-house (33 total meters) 3. Reduce the total number of residential meters replaced to 5,556 meters and utilize approximately $19,000 of remaining capital outlay funds in the Utility Department. Council continued to discuss the meter conversion including if the city utility department could do the project. Councilman Castro stated that the bid we advertise stated that we requested someone with at least five years experience in putting meters in. Cibolo does not have an experience utility department at this time. Councilman Kelly moved to award the contract to Johnson Lab& Supply, Inc. out of Palestine, Texas and apply option 3 as provided by staff. Motion was seconded by Councilman Ramcharan. For: Councilman Castro,Kelly&Ramcharan,Against: Council members Davis and Winn. Motion carried 3 to 2. C. Discussion/Action regarding creating a Cibolo Youth Council. Councilman Castro explained to council the creating of a Cibolo Youth Council. This council would consist of junior and seniors from both Clemens and Steele High School. The Youth Council would be done by students applying by application to serve on the council. There would be no legal liability to the City. The council would encourage youth involvement in civic activities and would also give students leadership skills. The Youth Council would not only involve student's participation but probably bring many parents involvement with the City. Councilman Winn moved to approve the City of Cibolo to go ahead and proceed with a Youth Council by discussing the proposition with the school district. Motion was seconded by Councilman Ramcharan. For: All,Against: None. Motion carried 5 to 0. D. Discussion/Action of the purchase of a tractor for the Public Works Department. The City Manager explained to council that one of the tractors in Public Works has failed in the last couple months. Repairs would cost approximately $1,800 and the estimate retail value in working condition is only $2,500 with a life span of only 2 to 3 years. A new tractor has a life span of 15 to 20 years. The City has received bids for a new replacement tractor for approximately $14,000. Mr.Parton explained to council there are funds available for the purchase through a reallocation of the funds previously credited towards the Public Works Department for a 1/2 ton truck purchased this year(a total of 13,845.73 was credited to the department for the truck purchase). This truck is now being used exclusively by the Utility Department. This item was discussed at the budget workshop recently held. Councilman Winn moved to approve the purchase of a tractor for Public Works. Motion was seconded by Councilman Kelly. For: All,Against: None. Motion carried 5 to 0. E. Discussion/Action regarding approval or disapproval of awarding a contract to Blue Clover for Economic Development Services. Council discussed the awarding of a contract to Blue Clover for Economic Development Services. Both council members Davis and Winn thought that$25,000 was a very high expense when some of the items could be done in-house cheaper and especially when the City can't fund some of the capital projects at this time. Councilman Ramcharan stated that the City needs to move ahead and to get started on Economic Development. Mayor Sutton explained that Cibolo is the fastest growing City in the State of Texas but unless businesses know who we are commercial development won't come. Councilwoman Davis moved to disapprove the contract with Blue Clover. Motion was seconded by Councilman Winn. For: Council Members Davis and Winn, Against: Councilman Kelly, Castro and Ramcharan. Motion failed 2 to 3. Councilman Ramcharan moved to approve the contract to Blue Clover for Economic Development. Motion was seconded by Councilman Castro. For: Councilman Kelly, Castro and Ramcharan, Against: Council Member Davis and Winn. Motion carried 3 to 2. F. Discussion/Action on holding a training class for Economic Development to include Council,Planning& Zoning,Business Development and staff. Councilman Castro explained to council the need for training on Economic Development but he would like to table item until after the budget process. Councilman Winn moved to have staff look into some training that was available without a cost to the City and to bring back the item after the budget is completed. Motion was seconded by Councilman Kelly. For: All,Against: None. Motion carried 5 to 0. G. Discussion/Action on directing staff to research local cities Economic Development Incentive Programs for the purpose of drafting an Economic Development Incentive Program for the City of Cibolo. Councilman Castro explained to council on the need for Cibolo to investigate other cities Economic Development Incentive Programs. Cibolo needs to utilize the information obtained from the other cities to develop an EDC Program for the City of Cibolo. Councilman Castro moved to direct staff to research local cities EDC Programs for the purpose of drafting an EDC Program for the City of Cibolo. Motion was seconded by Councilman Kelly. For: All,Against: None. Motion carried 5 to 0. Council recessed at 9:15 P.M.to take care of an emergency water issue. Council re-convened into regular session at 9:25 P.M. Mayor Sutton briefed council and all in attendance on the water issue. H. Discussion/Action on awarding a contract for Information Technology Services for the City of Cibolo. Todd Parton explained a proposal for web site and internet services for the City of Cibolo. This proposal will provide the levels of service needed to maintain the City's web site, e-mail accounts, and computer infrastructure. Councilman Kelly moved to approve the Information Technology Services Contract for the City of Cibolo. Motion was seconded by Councilman Ramcharan. For: All, Against: None. Motion carried 5to0. I. Discussion/Action on placing a Street & Drainage Maintenance Tax and the 4B Sales Tax on the November ballot. Council discussed the placing of a Street&Drainage Maintenance Tax and the 4B Sales Tax on the Novemb.x ballot. Councilman Kelly moved to place a'/4 cent Street&Drainage Maintenance Tax and a'/4 cent 4B Sales Tax on the November ballot. Motion was seconded by Councilman Winn. For: All,Against: None. Motion carried 5 to 0.. J. Discussion/Action on regarding an easement agreement for the dedication of a drainage easement through two parcels of land for the Dobie Creek drainage improvement project. Todd Parton, City Manager explained that staff is working to complete negotiations on a drainage easement for the Dobie Creek storm water system improvements south of Borgfeld Road. The easements affect three separate properties. Two of the properties are significantly bisected. In addition the channel cuts through a significant stand of trees. Conditions of the easement document address the concerns of the property owners and the impacts unique to this project. Councilman Winn moved to authorize staff to proceed with legal consultation. Motion was seconded by Councilman Kelly. For: All,Against: None. Motion carried 5 to 0. K. Discussion/Action to request a recommendation from the Street & Drainage Commission on the placement of stop signs at the intersection of Dietz and Borgfeld Road. Councilman Winn moved to refer this request for a stop sign at the intersection of Dietz Road and Borgfeld Road to the Street & Drainage Commission. Motion was seconded by Councilwoman Davis. For: All, Against: None. Motion carried 5 to 0. L. 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 calendar for July and August 2006. 13. Ordinances A. Approval/Disapproval of an ordinance to establish a five dollar($5)reimbursement limit for outstanding credits for residential and non-residential utility accounts closed within the Cibolo utility system. Councilman Ramcharan moved to approve an ordinance to establish a five dollar reimbursement limit for outstanding credits for residential and non-residential utility accounts closed within the Cibolo utility system. Motion was seconded by Councilwoman Davis. For: All,Against: None. Motion carried 5 to 0. B. Approval/Disapproval of an ordinance to provide for the extension of the Cibolo City Limits by the annexation of approximately 5.18 acres of land known as the"Dietz Road"Right-of-Way and approving a Service Plan for such area. Councilman Kelly moved to approve an ordinance to provide for the extension of the Cibolo City Limits by annexation of approximately 5.18 acres of land known as the "Dietz Road" Right-of-Way and approving a Service Plan for the area. Motion was seconded by Councilman Ramcharan. Motion carried 5 to 0. 14. Executive Session Pursuant to Tex. Government Code Sec. 552.072 Real Estate and Sec. 551.072 Real Property the City Council will meet in Executive Session to discuss the following: A. Discussion regarding the acquisition of property for a second municipal elevated water storage tank. B. 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 9:50 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 re-convened into regular session at 10:08 P.M. Councilman Winn moved to allow the City Manger to go ahead on the allocation/purchase options for a suitable site for a new water tower for the City of Cibolo. Motion was seconded by Councilman Castro. For: All,Against: None. Motion carried 5 to 0. 16. Staff Update A. Status of Cibolo Valley Park, projections on a start & finish date per developer's agreement of August 2003. (Winn) B. Town Creek Sewer Outfall Line C. Green Valley Road/Kove Lane Drainage City Manager gave an update to council on all the above items. 17. 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. 18. Adjournment Councilman Kelly moved to adjourn the meeting at 10:38 P.M. Motion was seconded by Councilman Ramcharan. For: All,Against: None. Motion carried 5 to 0. PASSED AND APPROVED THIS 8TH DAY OF AUGUST 2006. Jo y tton a ATTEST: Peggy Cimics City Secretary