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Min CC 06/27/2006 REGULAR CITY COUNCIL MEETING CIBOLO MUNICIPAL BUILDING 200 S.MAIN June 27,2006 7:00 P.M. MINUTES 1. Call to Order—Mayor Pro-tem Castro called the meeting to order at 7:08 2. Roll Call Mayor Sutton--Absent Councilman Castro Councilman Kelly Councilman Ramcharan Councilman Winn Councilwoman Davis 3. Invocation Mayor Pro-tem Castro 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: Charles Ruppert—232 Winter Frost spoke to council on the recent water problems and the Mayors statement to WOAI blaming prior council for the problems that exist today. Mr. Ruppert also spoke on the 2nd water source and why the City is paying for water meter conversion instead of a new water tower. Howard Motch— 125 Hanging Moss spoke on item 8J and 8M as they came up on the agenda. 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 June 10,2006. B. Approval of the minutes of the Regular City Council Meeting held on June 13,2006. C. Acceptance of the May 2006 Check Register pending fmal acceptance of the City's fmancial audit for the 2006 Fiscal Year. D.Acceptance of the recommendation for approval from the Planning and Zoning Commission on the Final Plat for Charleston Parke,Unit 2. E. Acceptance of the recommendation for approval from the Planning and Zoning Commission on the Final Plat for Cibolo Vista,Phase 2. F. Acceptance of the recommendation for approval from the Planning and Zoning Commission on the Final Plat for Cibolo Vista,Phase 3. G.Acceptance of the recommendation for approval from the Planning and Zoning Commission on the amended Master Plan for the Heights of Cibolo. Councilman Winn removed item 6 C thru G off the consent agenda. Councilman Winn moved to approve Consent Agenda items 6 A & B. Motion was seconded by Councilman Kelly. For: All, Against: None. Motion carried 4 to 0. Councilman Winn wanted a clarification on checks written to Denton,Navarro, Rocha&Bernal and a check written to Miracle. Councilman Winn also had a question on the last entry of the check register. City Manager, Todd Parton was able to explain the checks that were written to the satisfaction of Councilman Winn. Mr.Parton also explained that that the last entry was an error and would be taken care of. Councilman Winn moved to approved item 6 C from the Consent Agenda. Motion was seconded by Councilman Kelly. For: All,Against: None. Motion carried 4 to 0. Councilman Winn and Councilwoman Davis both had a few questions on the Final Plat of Charleston Parke, Unit 2. Nancy McBeth, Developmental Services Coordinator explained most of the question about set back requirements and the Cove Lane exit onto a private road. George Hyde the City Attorney answered a few questions the council had on final plat procedure and subjected if more questions come up they might want to discuss in executive session. All questions answered Councilman Kelly moved to approve Consent Agenda Item 6 D. and the recommendation from the Planning and Zoning Commission to accept the final plat for Charleston Parke, Unit 2. Motion was seconded by Councilman Ramcharan. For: Councilman Kelly, Ramcharan&Winn,Against: Councilwoman Davis. Motion carried 3 to 1. Mayor Sutton arrived at 7:21 PM. Council proceeded to Consent Item 6 E. More questions concerning final plat procedures were being questioned and it was decided to go into Executive Session to get the City Attorney's opinion. Council convened into Executive Session at 7:31 PM. Council reconvened into Regular Session at 7:47 PM. Councilman Winn moved to approve consent agenda items E, F & G. Motion was seconded by Councilman Castro. For: All,Against: None. Motion carried 5 to 0. 7. Recognition tion A.Recognition of JD Malaer, Utility Foreman and the utility crew for outstanding performance in the response recent emergency situations. Mayor Sutton called JD Malaer to the front and introduced him to Council and all those present. He thanked him for the tremendous job he is doing especially in the past few weeks during the major water problems that the City has experienced. JD has done the major part of this work by himself or with the help of a very inexperience crew. Everyone in attendance gave JD Malaer a standing ovation. 8. Discussion/Action(General A. To receive an update from Rosin Johnson Engineering on the status of the drainage and infrastructure modifications and repairs for the Woodstone Subdivision. Mr.Johnson from Rosin Johnson Engineering briefed council on the status of modifications and repairs taking place in the Woodstone Subdivision. Mr. Johnson and his company has taken the lead in getting all parties (developers,builders,homeowners)together to and work out a solution to the problems. Work has started and Mr.Johnson hoped that sometime in September/October timeframe they should be complete and be able to get the infrastructure accepted. B. Discussion/Action on appointments to 5-Year CII' Sub-Committees and all other Cibolo Commissions and Committees with a current vacancy. Volunteers that had submitted an application for appointment were not available at the meeting to be appointed to any committee or commission. No action taken. C. Discussion/Action on the possibility of a Street & Drainage Maintenance Sales Tax and the 4A/4B Sales Tax to be placed on the November ballot. There was discussion among the council on the creation of a Street and Drainage Maintenance Sales Tax as well as the creation of a 4A/4B Sales Tax. Councilman Winn moved to place the 4A or 4B Sales Tax of 0.25 cents and a Street and Drainage Maintenance Sales Tax of 0.25 cents on the November ballot. Motion was seconded by Councilman Castro. Before a vote on the motion Councilman Kelly stated that council had plenty of time to get the tax on the November ballot and he would like to see some analyses and work that information into the budget process. Councilman Davis also had a question if property taxes had any bearing on this. Todd Parton went over the property tax issue and stated that staff could work up some analyses on these tax issues for council. Councilman Kelly moved to table the item until the,July 1Q Budget Workshop and direct staff to provide analysis and percentages to council on the different taxes in question. Motion*was seconded by Councilman Winn. For: Council Members Kelly, Winn, Davis and Ramcharan. Against: Castro. Motion carried 4 to 1. D. Discussion/Action regarding the bid specifications to be included in the City of Cibolo franchise for solid waste services within the City limits. City Manager, Todd Parton asked council for direction they want the City to take on the Solid Waste Franchise Services. Council directed staff to continue the same level of services and also to look into the cost of collection being done twice a week during the entire year. E. Discussion/Action on appointment of the law firm of Denton, Navarro, Rocha & Bernal as interim municipal court prosecutors for the City of Cibolo. There was discussion among the council members on the appointment of the Law Firm Denton, Navarro, Rocha and Bernal as interim Municipal Court Prosecutors for the City of Cibolo. George Hyde introduce himself and the firms newest associate Miguelangel Matos. Mr. Hyde currently the City Attorney for Garden Ridge and has served as prosecutor for the City of Somerset. Mr. Hyde also has 17 years of law enforcement making his very familiar with Municipal Court practices and procedures. Mr. Hyde will mentor Mr.Matos to serve in this position of Interim Prosecutor for the City of Cibolo. Councilman Ramcharan moved to approve the Law Firm of Denton,Navarro,Rocha&Bernal as interim prosecutors for the City of Cibolo. Motion was seconded by Councilman Kelly. For: All,Against: None. Motion carried 5 to 0. F. Discussion/Action on directing city staff to initiate land acquisition, design, and bid specifications for an elevated water storage tank. Councilman Winn stated that the council should start the process of land acquisition, design and bid specifications for a second elevated water storage tank immediately. Councilman Kelly stated that it would be inappropriate to pull this item out of the capital improvement process at the present time. Councilman Castro stated that during the recent budget process this item was not a priority item by the council. Councilman Winn commented that they could use the same specification from the first tank with a few possible adjustments to save some money. Impact fees could be used and the money that was dedicated to the water meter conversion could also be moved to this process. Mayor Sutton noted that this would require council to have a budget amendment placed on the agenda at a later date. Mayor Sutton also stated that projects are in place today and the Capital Improvement Committee will have their priority list presented to council in the next couple weeks. Councilman Winn moved to start the process of land acquisition, design and bid specification. Motion was seconded by Councilwoman Davis. For: Council Members Davis and Winn, Against: Council Members Kelly,Castro and Ramcharan.Motion failed 2 to 3. G. Discussion/Action on directing City staff to provide available acreage remaining for possible annexation in the City of Cibolo and to initiate the next round of voluntary and involuntary annexation on the following properties and providing acreage for each property(Royal Oak Acres/Cherron Subdivision, Kardy's property and Dean Property plus any other parcels directed by Council. Councilman Winn thanked staff for providing the information on the following properties 1. The area at the northwest side of the community that is generally located along Green Valley Road and is West of Cibolo Valley Drive. 2 (Royal Oak Acres). City's ETJ parcels located at the northwest corner of Wiederstein Road and Highway 35. This property is currently under contract(Dean Property). 3. The"donut hole" property located on the north side of Borgfeld Road and is home to the Kardy's recreational vehicle storage lot. Councilman Winn stated that he would like to see the council start the involuntary annexation on all the above property. Councilman Kelly stated that the City should follow the same process used to recently annex the 1103 corridor. That is, meet with the affected landowners, to inquire if any of those landowners might come into the City voluntary and at the same time educate them on the annexation process and provide them with a Service Plan to aid them in making their decision. Councilman Kelly moved to approve a motion to direct staff to prepare Service Plans for each area and meet with landowners and to initiate the voluntary/involuntary annexation process. Motion was seconded by Councilman Ramcharan. For: Councilman Kelly&Ramcharan. Against: Council Members Castro;Winn& Davis. Motion failed 2 to 3. Councilman Winn moved to initiate the involuntary annexation of Royal Oak Acres/Cherron Subdivision, Kardy's Property and the Dean Property. Motion was seconded by Councilwoman Davis. For: Council Members Davis,Winn&Castro,Against: Councilman Kelly and Ramcharan. Motion carried 3 to 2. H. Discussion/Action on a secondary water source for the City of Cibolo. Council discussed the need for a second water source for the City of Cibolo. Mayor Sutton stated that at the present time the most solvent water source out there is Schertz. Cibolo does not have access to this water source even during an emergency situation. The Mayor stated that even if a second water tower is put on line this will not solve the problem of a secondary source. After several minutes of discussion among council members it was decided to direct the City Manager to discuss with the City of Schertz on the possibility of putting an agreement in place for Cibolo in case of an emergency. I. Discussion/Action on the appointment of a Charter Review Committee. Councilman Kelly stated that the City Charter gives the Council the authority to appoint a Charter Review Committee after two years. Councilman Kelly stated if we start that process now we could possibly have this item on the Maly 2007 ballot. Councilman Winn stated that the City Charter states that the review can be done between the 2° and 6t`year and why rush to make changes and spend the money for those changes now when there is nothing major that requires changing. Item died for lack of motion. J. Discussion/Action on directing City staff to prepare an ordinance that amends the City of Cibolo Subdivision Ordinance #590 and amendment #683 to restore approval authority to the City Council for all final plats submitted. Councilwoman Davis stated that she would like to see final authority for all final plats go back to the City Council. Councilwoman Davis stated that the City Charter clearly states that the Planning and Zoning Commission acts as an advisory board to the City Council. Howard Motch chairman of the the Planning & Zoning Commission addressed the council at this time and asked council to keep the fwal authority for final plats with the Planning and Zoning Commission. This will give the developers an appeal process if a final plat, is disapproved at the P&Z level. There was a brief discussion with all members on the old procedures and the current procedures. Councilman Winn moved to direct staff to prepare an amendment to Ordinance 590 & 863 to restore the final plat authority to the City Council. Motion was seconded by Councilwoman Davis. For: Council Member Davis and Winn,Against: Councilman Ramcharan, Castro and Kelly. Motion failed 2 to 3. K. Discussion/Action on a Drought Management Plan for the City of Cibolo. City Manager, Todd Parton briefed Council on, the reed to 'update the Cibolo Drought Management Ordinance. Presently the City of Cibolo plan is based on the Edwards Aquifer. Staff has provided Council with several examples of other City's Drought/Conservation Ordinances for their review. Councilman Kelly moved to have the City Manager prepare a Drought Conservation Ordinance based on the City of Boerne's Plan. Motion was seconded by Councilman Ramcharan. For: All,Against: None. Motion carried 5 to 0. L. Discussion/Action on the creation of Foreman and Crew Leader positions in the Public Works and Utilities departments. The City Manager briefed the Council on the need for a Foreman and a Crew Leader position in Public Works and the Utility Department. This item has been discussed during the budget process in the past few weeks. The Utility Crew Leader would be filled in-house and the Utility Crew Leader would be advertised. There are no existing`staff members with the qualifications and experience for the Utility position. There are unfilled positions that make funds available to fill these positions now. Councilman Ramcharan moved to approve the creation of a Foreman and Crew Leader position in the Public Works and Utility Departments. Motion was seconded by Councilman Kelly. For: All, Against: None. Motion carried 5 to 0. M. Discussion/Action on the decision to close Springtree Hollow at Cibolo Valley Drive to include the authorization and funding of the same, and the options of re-opening Springtree-Hollow at Cibolo Valley Drive to include funding of the same,and to provide direction to City staff for its reopening. Howard Motch, Chairman of the Planning&Zoning spoke on this item. Mr.Motch stated that he thought that opening this road would be a safety hazard and that the City should look at doing a traffic study before they decide anything. Councilwoman Davis stated the due to this road being closed Springtree Bend is receiving a lot more traffic putting small children at risk. It was noted that several different committees are looking at this issue(Street and Drainage,Public Safety and Capital Improvement)and we need them to continue the process of review. Councilwoman Davis moved to re-open Springtree Hollow at Cibolo Valley Drive and place a stop siga at Id Cibolo Valley Drive facing Springtree Hill. Motion was seconded by Councilman Winn. For: Council Member Winn&Davis,Against: Councilman Kelly,Ramcharan and Castro. Motion failed 2 to 3. N. Discussion/Action on the review and confmnation 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. Budget Workshop was scheduled for July 17 starting at 6:00 PM and a Town Hall Meeting for July 22 at 9:30 AM. Budget Workshops were also-scheduled for August 7&21 starting at 6:00 PM. 9. Ordinances A.Approval/Disapproval regarding an ordinance for Contractor Registration and Fee Schedule. Councilman Kelly moved to approval the ordinance for Contractor Registration and Fee Schedule. Motion was seconded by Councilwoman Davis. For: All,Against: None. Motion carried 5 to 0. 10. Presentation A. Receive a presentation from Karen Lorenzini with RJ Rivera on the proposed widening and extension of F.M. 1103. Council received a presentation from Karen Lorenzini on the proposed FM 1103 Route Study. The Fm 1103 Route Study will determine the long-term need for an extension of FM 1103 and possible additional improvements needed along existing FM 1103 between 11135 and FM 78 and a possible extension of FM 1103 to IH 10. To plan ahead for growth, possible routes for an extension provided by local government officials and participants of stakeholder meeting#1 were analyzed. This route study is to determine the need for further improvements and is scheduled for completion in December 2006. Additional information on this study can be obtained by contacting Linda Alvarado-Vela at(210)785-0888. 11. Executive Session Pursuant to Tex. Government Code Sec 551.071 Attorney Client Consultation and 551.074 Personnel Matters, 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 appointment of a Municipal Court Judge and Prosecutor for the City.of Cibolo. B. Discussion regarding the acquisition of easement for the 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 10:11 PM. 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 10:59 PM. Councilman Kelly moved to direct the Mayor to review and forward to council all applications for Alternate Judge for Municipal Court to fill the unexpired term ending May 2007. Motion was seconded by Councilman Ramcharan. For: All,Against: None. Motion carried 5 to 0. 12. Staff Update A. Waterline Update Todd Parton the City Manager gave the Council an update on the 12in. water line failure. Line has been repaired and the water system in Cibolo is up and running and is in good order. 13. City Council request regarding specific items or staff reports to be scheduled for future agendas. The Council would like to see an update on the Cibolofest at the July 11 meeting. 14. Adjournment Councilman Kelly moved to adjourned the meeting at 11:11. Motion was seconded by Councilman Ramcharan. For: All,Against: None. Motion carried 5 to 0. PASSED AND APPROVED THIS 11TH DAY OF JULY 2006. Jo X�Sutton Mayor ATTEST: Peggy Cimics City Secretary