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Min CC 06/13/2006 REGULAR CITY COUNCIL MEETING CIBOLO MUNICIPAL BUILDING 200 S.MAIN June 13,2006 7:00 P.M. MINUTES 1. Call to Order—Mayor Sutton called the meeting to order at 7:01 P.M. 2. Roll Call Councilman Castro—absent Councilman Kelly Councilman Ramcharan Councilman Winn Councilwoman Davis 3. Invocation Mayor Sutton gave the invocation 4. Pledge of Alle ig ance 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: Shelby Koehler—Spoke to council on the Towncreek East Drainage problem. Judi Olson—207 Wiederstein Rd, Cibolo—Ms. Olson spoke to council on her desire to continue as a member of the Planning&Zoning Commission. Her term is up for re-appointment in July. Judi explained that she has been on the commission for one year as she was fulfilling the term of another person who had left prior to completion of his term. 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.Approv4l of the minutes of the R cgular City Council Meeting held on May 23,2006. B. Approval of the minutes of the Special City Council Meeting held on June 6,2006. C. Acceptance of the May 2006 Check Register pending final acceptance of the City's financial audit for the 2006 Fiscal Year. Item 6C.was pulled from the consent agenda and will be placed on the Agenda of the June 27,2006 Meeting. Councilman Kelly moved to approve the Consent Agenda items 6 A & B. Motion was seconded by Councilman Winn. For: All,Against: None. Motion carried 4 to 0. 7. Public Hearing Public.Hearing regarding the City of Cibolo proposed annexation for that portion of Dietz Road right-of-way located within its extraterritorial jurisdiction and covering 5.18 acres of land situated in Guadalupe County, Texas. Mayor Sutton opened the Public Hearing asked if any citizen wanted to speak on this proposed annexation. No citizen's spoke on the issue. Mayor Sutton asked Council if they had any comments. Councilwoman Davis asks the advantages and disadvantages of the annexation. Mayor Sutton explained some of the benefits of the annexation would be that Dietz Road is adjacent to Cibolo's City Limits. At the present time that portion of the road gets very little police enforcement from the County and Cibolo Police Department will be able to enforce the speed limits, etc. Mayor Sutton also explained that for several years now Cibolo has offered to take over that part of Dietz Road once the county completed the re-surfacing. The biggest disadvantage to the annexation would be that Cibolo would become responsible for the maintenance and up keep of the road. The recent improvements should last for approximately 10 years.No other comments Mayor Sutton closed the Public Hearing. 8. Staff Updates A. Capital Projects B. Official City and Zoning Map C. Charleston Park Drainage Project D. Codification E. Status/Action on the water pressure problem F. Update on Incode(utility refund checks) Todd Parton, City Manager gave an update of the above items. Capital Project — 1103 water line project, Rudy Klein City Engineer is working on design standards. Sewer Projects—City has finalized an agreement with Blanton Development Group. Charleston Park silk fencing has been put up and hydro mulching has been : or will be completed soon. Municipal Code has received all ordinances from the City and will be going over them and contacting us within the next couple months. Water Pressure problem was caused by a value being shut off by a contractor working on the water tank. No water was going to the tank and water pressure was reduced. Mercer the contractor has installed a 3rd pump and it is up and running. Canyon Regional Water Authority(CRWA) did pump water to the tank and water pressure was up. Due to a peak time for watering it will take sometime to fill the tank. 9. 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. (Staff) Due to an emergency water issue the council meeting was recessed at 7:55 PM. Councilman Kelly moved to re-open the Council Meeting at 8:05PM and motion was seconded by Councilman Winn. Mr. Daniel Simpson spoke to council on his desire to serve on the Planning and Zoning Commission. Mr. Simpson has some knowledge of building/construction, real estate and Texas Property Code and felt that he would like to serve his community. He has the support of his family and the time that is needed to be a valuable member. Councilman Kelly moved to appoint Mr. Simpson to the Planning and Zoning Commission, Place 6 effective July 1, 2006. Motion was seconded by Councilman Ramcharan. For: All, Against: None. Motion carried 4 to 0. B. Discussion/Action regarding potential items to be placed on the November ballot. (Sutton) 1. Street&Drainage Sales Tax 2. 4B Sales Tax 3. Charter Revision Brief discussion was held on the possibility of placing a 4A-4B and a Street & Drainage Sales Tax on the November ballot. Councilman Winn stated that the council needs additional time to look over all the materials that were passed out on the sales tax. Councilman Kelly and Winn both suggested that we must get the word out to the citizens by holding Town Hall Meetings and sending Newsletters. Charter Revisions were also briefly discussed with the ideal of having a Charter Review Committee appointed. Councilman Winn indicated that the present Charter did not specified that we needed to do a revision every two years. C. Discussion/Action regarding Park Land Dedication for the Heights of Cibolo. Chad Cary representing the Developer spoke to Council on the request of a waiver of Park Fees in lieu of a private park and park improvements. Nancy McBeth, Cibolo's Developmental Services Coordinator briefly went over the three options the City recommends: 1. Approve the request as requested. 2. Approve request with payment of park fees for the remaining lots not served under the park dedication ordinance. This is 55% of the lots at 218 lots (based on acreage of park within the development and 396 proposed lots, and equaling $87,200.) 3. Deny the request for acceptance of a private park and improvements in lieu of park dedication and require full payment of park impact fees. After a brief discussion among council members, Councilman Winn moved to approve option 2 —approve the request with payment of park fees for the remaining lots not served under the park dedication ordinance. Motion was seconded by Councilman Ramcharan. For: All, Against: None. Motion carried 4 to 0. D. Discussion/Action regarding the City of Cibolo franchise for solid waste services within the City limits. Discussion was held on the franchise agreement between the City of Cibolo and Bexar Waste. Councilman Kelly moved to allow the City Manager to solicit sealed proposals for Garbage Collection in the City of Cibolo. Motion was seconded by Councilman Winn. For: All,Against: None. Motion carried 4 to 0. E. 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. June 2006 calendar was discussed and the Budget workshop for Saturday, June 24 following the Open Meeting Briefing was added to the calendar as was the Budget Workshop for Monday, June 26, 2006 at 6:30PM. 10. Discussion Only A.Update to the City Council from the following Commission/Committees. 1. Planning and Zoning(Ricky Boring) 2. 5-Year Capital Improvement(Chad Royal) 3. Business Development(Kevin Calcote) The above Commissions and Committees gave the council an update on the status,goals and accomplish--nrs of their particular Committee/Commission. 11. Ordinances A.Approval/Disapproval regarding an ordinance for the zoning to R-2 on a single tract of land. Said tract of land being 62.4139 acre tract of land out of a 74.0969 acre tract recorded in Volume 45, Page 70 of the Deed Records of Guadalupe County, Texas, situated in the James W. Gray Survey No. 255, Abstract 194, City of Cibolo,Guadalupe County,Texas,and being generally'located on the north side of Green Valley Road and being approximately 4,000 feet east of FM 1103. Councilman Kelly moved-to approve the ordinance to zone to R-2 the 62.4139 acre tract of land generally located on the north side of Green Valley Road and being approximately 4,000 feet east of FM 1103. Motion was seconded by Councilman Ramcharan. For: All,Against: None. Motion carried 4 to 0. B. Approval/Disapproval regarding an ordinance for the zoning to R-3 on a single tract of land. Said tract of land comprising 20.384 acres and being comprised of a 15.834 acre tract of land recorded in Volume 570, Page 527 of the Deed Records of Guadalupe County, Texas, and a 5.0 acre tract out of a 21.188 acre tract of land recorded in Volume 414, Page 523 of the Deed Records of Guadalupe County, Texas, situated in the Sexto Dominguez Survey No. 152, Abstract 110, City of Cibolo, Guadalupe County, Texas, and being generally located on the east side of F.M. 1103 and being approximately 2,000 feet north of Weil Road. Councilman Kelly move to approve the ordinance to zone to R-3 the 20.384 acres of land generally located on the east side of FM 1103 and being approximately 2,000 feet north of Weil road. Motion was seconded by Councilman Ramcharan. For: All,Against: None. Motion carried 4 to 0. C. Approval/Disapproval regarding an ordinance for the zoning to I-2 on a single tract of land. Said tracts of land being 12 acres in the City of Cibolo, Guadalupe County, Texas out of the A.S. Lewis Survey No. 78, Abstract 216,being a portion of that certain tract called 2,444.73 acres described in correction deed dated Sept 10, 1959, and recorded in Volume 326, Page 390 of the Deed of Records of Guadalupe County, Texas and being generally located on the east side of F.M. 1103, approximately 1500 feet northeast of the intersection of F.M. 1103 &F.M. 78. Councilman Winn moved to approve the ordinance to zone 6.60 acre tract of land owned by Kenneth Reus to I-2 and a 5.40 acre tract of land owned by Kenneth Reus to be zoned to C-2G this land is generally located on the east side of FM 1103 approximately 1500 feet northeast of the intersection of FM 1103 &FM 78. Motion was seconded by Councilman Kelly. For: All,Against: None. Motion carried 4 to 0. D. Approval/Disapproval regarding an ordinance for the zoning of two tracts of land to C-2R. Said tracts of land being a 1.0 acre tract out of the J. Leal Survey, Abstract 210, as described in Voiume 1467, Page 855, OPR of Guadalupe County, Texas, and a 2.5 acre tract of land out of the J. Leal Survey, Abstract 210 as described in Volume 1516, Page 831, OPR of Guadalupe County, Texas, and being generally located on the south side of FM 1103 approximately%mile east of Main Street. Councilman Kelly moved to approve the ordinance for the zoning of two tracts of land owned by Troy Breeden to C-2R. One tract of land being 1.0 acre and the second being 2.5 acre and generally located on the south side of FM 1103 approximately 3/a mile east of Main Street. Motion was seconded by Councilman Ramcharan. For: All,Against: None. Motion carried 4 to 0. E. Approval/Disapproval regarding an ordinance to permit the City of Cibolo to refuse to enter into contracts or other transactions with persons indebted to the City. The ordinance was briefed by the City Attorney Susan Rocha. Councilman Kelly moved to approve the ordinance to permit the City of Cibolo to refuse to enter into contracts or other transactions with persons indebted to the City. Motion was seconded by Councilman Ramoharan. For: All, Against: None. Motion carried 4 to 0. 12. Resolution A.Approval/Disapproval of a Resolution calling for cooperation and a commitment to establish a South Central Texas Training Center for Emergency Services. Mayor Sutton briefly went over what the intent of the resolution was for the benefit of the new council members who were not present when briefing was conducted in late April. Councilman Winn moved to approve the Resolution calling for cooperation and a commitment to establish a South Central Texas Training Center for Emergency Services. Motion was seconded by Councilman Kelly. For: All, Against: None. Motion carried 4 to 0. 13. 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 job duties, responsibilities, hiring and appointment of the Finance Director position. 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. C. Discussion of possible property exchange with another governmental entity and the legal requirements and implications. D. Discussion with the city attorney regarding the legal implications of setting water rates for residents in the ETJ. Council convened into Executive Session at 9:02 PM. 14. Open Session Reconvene into Regular Session and take action/or give staff direction, if necessary, on items discussed in Executive Session. Council returned from Executive Session at 10:07 and took a 10 minute break. Council re-convened into regular session at 10:17 PM. Councilman Kelly moved to direct the City Manager to explore alternative solutions for Phase 1 of the Town Creek East Drainage Project. Motion was seconded by Councilman Winn. For: All,Against: None. Motion carried 4 to 0. 15. Discussion/Action A.Discussion/Action regarding the City of Cibolo fees for city services to the residents in the ETJ. Item died for lack of a motion to consider. 16. City Council request regarding specific items or staff reports to be scheduled for future agendas. Mayor Sutton requested that at the next Council Meeting we discuss secondary water source. Councilman Winn would like a discussion on the next round of annexations. 17. Adjournment Councilman Kelly moved to adjourn the meeting at 10:25 PM. Motion was seconded by Councilwoman Davis. For: All,Against: None. Motion carried 4 to 0. PASSED AND APPROVED THIS 27TH DAY OF JUNE 2006. Johnny tton May Attest: Peggy Cimics City Secretary