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Min CC 05/09/2006 REGULAR CITY COUNCIL MEETING CIBOLO MUNICIPAL BUILDING 200 S.MAIN May 9,2006 7:00 P.M. NHNUTES 1. Call to Order—Mayor Sutton called the meeting to order at 7:00 P.M. 2. Roll Call Councilwoman Hartman Councilman Kelly Councilman Ramcharan-Absent Councilman Campbell Councilman Troncoso-Absent 3. Invocation Councilman Campbell 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: Brent Hartman, 136 Earhart Ln,spoke on his appreciation that the citizens of Cibolo pay low taxes and also want the citizens to get the facts and truth before voting on May 13. Shelby Koehler, 759 CR 144, Floresville, spoke on the annexation of the Koehler Property and the easement that the City is trying to obtain. Keith Gilbreath, 685 Sassman Road, spoke on the various stories that seem to be floating around the area on the upcoming election. Mr. Gilbreath also gave his opinion as a former City employee on what he believes is the truth on the impact fees and taxes collected by the City. 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 April 25,2006. B. Acceptance of the Quarterly Report ending March 2006 pending final acceptance of the City's financial audit for the 2006 Fiscal Year. Councilman Campbell moved to approve the Consent Agenda Items. Motior was seconded by Councilman Kelly. For: All, Against: None. 7. Presentation A.Presentation of an award to Christopher Kotzur for 5 years service to the City of Cibolo Police Department. Mayor Sutton presented Chris Kotzur with an award for 5 years of service with the City of Cibolo Police Department. 1 B. Presentation by Schertz Fire Department regarding a Regional Fire Facility. Chief Elroy Friesenhahn and Lt.David Hughes from the Schertz Fire Rescue presented a briefing to the Council and all those in attendance on the South Central Texas Regional Training Facility Concept Proposal. The facility would have Federal funding and all Cities'participating in the program would pay membership dues. Their will be a on site manager,each City participating would have a member on the Oversight Board and the Education Board. The facility it self would consist of a Burn Building",4 story Training Tower, Shooting Range,a Natatorium and a driver Training area. 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. No action taken. B. Discussion/Action on the update to the Sexually Oriented Business Ordinance. City Attorney,Susan Rocha briefed the Council on this item and suggested that we postpone the item. Councilman Kelly moved to table the item and the motion was seconded by Councilman Campbell. For: All,Against: None. C. Discussion/Action on a review by Armstrong,Vaughan and Associates of the City's impact fee programs. City Manager Todd Parton briefed the Council on the impact fee program audit received from the Law Firm of Armstrong, Vaughn and Associates. Their was a brief discussion among council members and Councilman Kelly moved to accept the report and the motion was seconded by Councilwoman Hartman. For: All,Against: None. D. Discussion/Action on the amendment to Ordinance 645 providing for penalties for violation of the requirements for the registration of contractor's working within the incorporated City limits and establishing a plan review for commercial construction within the incorporated City limits. Todd Parton City Manager briefed the Council on this item. Council went over a few items and discussed the penalties if not if compliance with the requirements. No action taken by council. E. Discussion/Action to approve a budget amendment to the FY 2006 budget. Todd Parton briefed council on the three budget amendments. The three items were to approve the bids for the Town Creek East Drainage—Phase 1, Dobie Creek Drainage and Pedestrian Bridge Projects. The other two projects were Cibolo Valley Drive Design and the Park Project Funds. Council discussed the items and Councilman Kelly moved to approve and motion was seconded by Councilwoman Hartman. For: All,Against: None. F. Discussion/Action on accepting the "Petition Requesting Annexation" filed by Commissioners Court; Guadalupe County regarding the voluntary annexation of Dietz Road. Councilman Kelly moved to accept the petition requesting annexation from Commissioners Court. Motion was seconded by Councilwoman Hartman. For: All,Against: None. G.Discussion/Action on approving the expenditure of funds to modify the front doors of the City of Cibolo Municipal Building. Council went over the four bids received from staff. Councilman Kelly moved to direct staff to contract with Architectural Division 8 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. Council reviewed the May calendar. Councilman Kelly reminded the council that Public Safety had their first meeting scheduled for May 16 at 7:00 P.M. 9. Discussion/Action(Development Items) A. Discussion/Action regarding the petition by Don Pierson to re-zone from C1-R to C2-R. Said tract of land being 2.066 acre (90,003 sq ft)tract of land out of a 58.2 acre tract recorded in Volume 958,Page 65 of the Deed Records of Guadalupe County, 2 Texas, situated in the Trinidad Garcia Survey No. 94,Patent No. 301, Abstract 137, City of Cibolo, Guadalupe County, Texas and being generally located on the north side of F.M. 1103 and being approximately 250 feet east of Main Street. Mayor asked Council if any member had any questions concerning this re-zoning. No comment by any Council member and the Mayor moved to the next item on the agenda. B.Discussion/Action regarding the petition by Frank Wallace to re-zone from C-1 to C1-R. Said tract of land being 1.516 acre tract of land being platted as Lot 1,Block 1 of the Wallace Retail Center Subdivision,City of Cibolo, Guadalupe County,Texas and being generally located on the south side of Cibolo Valley Drive and being approximately 150 feet north of Green Valley Road. No comments by the Council. 10. Resolution A.Approval/Disapproval of a resolution affirming that the City of Cibolo's current rate of impact fee collected assessment is in compliance with state law. Councilman Campbell moved to approve the resolution affirming the City of Cibolo's current rate of impact fee collected. Motion was seconded by Councilman Kelly. For: All,Against: None. B. Approval/Disapproval of a resolution establishing the legislative finding of the City Council of the City of Cibolo Texas of the adverse secondary effects of sexually oriented businesses on the community based on the presentation and review of reports and the case law that incorporates and affirms the authority of a city council to adopted regulations for sexually oriented businesses in their community. No action 11. Ordinances A.Approval/Disapproval of an ordinance to amend the budget for the fiscal year 2005-2006. Councilman Kelly moved to approve the ordinance to amend the fiscal year 2005-2006 budget. Motion was seconded by Councilwoman Hartman. For: All,Against: None. B. Approval/Disapproval regarding an ordinance to change the zoning from Cl-R to C2-R on a single tract of land. (Don Pierson) Said tract of land being 2.066 acre(90,003 sq ft)tract of land out of a 58.2 acre tract recorded in Volume 958,Page 65 of the Deed Records of Guadalupe County,Texas, situated in the Trinidad Garcia Survey No. 94,Patent No. 301,Abstract 137, City of Cibolo, Guadalupe County, Texas and being generally located on the north side of F.M. 1103 and being approximately 250 feet east of Main Street. Councilman Kelly moved to approve the zoning change from C1-R to C2-R on a single tract of land owned by Don Pierson. Motion was seconded by Councilman Campbell. For: All,Against: None. C. Approval/Disapproval regarding an ordinance to change the zoning from C-1 to C1-R. Said tract of land being 1.516 acre tract of land being platted as Lot 1,Block 1 of the Wallace Retail Center Subdivision,City of Cibolo,Guadalupe County,Texas and being generally located on the south side of Cibolo Valley Drive and being approximately 150 feet north of Green Valley Road. Councilman Campbell moved to approve the zoning change from C-1 to C1-R on a tract of land being platted as Lot 1,Block 1 of the Wallace Retail Center. Motion was seconded by Councilwoman Hartman. For: All,Against: None. D. Approval/Disapproval regarding an ordinance to annex a certain parcel of land comprising 3.500 acres of land out of a 41 acre tract of land out of the J.Leal Survey,Abstract 210,as described in Volume 700,Page 981 of the Official Public Records of Guadalupe County,located immediately to the south of F.M. 1103,and presently owned by Troy A.Breeden. Councilman Kelly moved to annex the 3.5 acres of land presently owned by Troy Breeden. Motion was seconded by Councilman Campbell. For: All,Against: None. E. Approval/Disapproval regarding an ordinance to annex a certain parcel of land comprising 62.4139 acres of land out of a 74.0969 acre tract of land out of James W. Gray Survey No. 255, Abstract No. 194, as recorded in Volume 45, Page 70, Deed Records of Guadalupe County, located on the north side of Green Valley Road and being approximately 2,150 feet east of the intersection of F.M. 1103 and Green Valley Road,and presently owned by Thomas K.Chapman. 3 Councilman Kelly moved to approve the annexation of 62.4139 acres of land presently owned by Thomas Chapman. Motion was seconded by Councilman Campbell. For: All,Against: None. Mayor Sutton called a recess at 8:28 P.M.so the City Secretary could close the Early Voting Poll. Mayor Sutton reconvened the Regular Meeting at 8:44 P.M. F. Approval/Disapproval regarding an ordinance to annex a certain parcel of land comprising 20.384 acres of land situated in the Sexto Dominguez Survey No. 152,Abstract No. 110,Guadalupe County,located on the east side of FM 1103 and being approximately 600 feet to the north of the intersection of FM 1103 and Weil Road, and presently owned by LLB Cibolo Vista Partner,L.P.with James R Hardy as President and Agent Councilman Campbell moved to approve the annexation of 20.384 acres of land presently owned by LLB Cibolo Vista Partners. Motion was seconded by Councilman Kelly. For: All,Against: None. G. Approval/Disapproval regarding an ordinance to annex a certain parcel of land comprising 142.56 acres of land situated in the Trinidad Garcia Survey No.94,as recorded in Volume 205,Pages 17-18,Deed of Records of Guadalupe County, Texas, and located approximately on the north side of FM 1103, approximately 3,000 feet east of Main Street and presently owned by the Koehler Family. Councilman Kelly moved to approve the annexation of 142.56 acres of land owned by the Koehler Family. Motion was seconded by Councilwoman Hartman. For: All,Against: None. H. Approval/Disapproval regarding an ordinance to annex a certain parcel of land comprising 630.427 acres of land generally located on the west and east sides of F.M. 1103 and to the south of Green Valley Road. Councilwoman Hartman moved to approve the annexation of 630.427 acres of land. Motion was seconded by Councilman Kelly. For: All,Against: None. I. Approval/Disapproval regarding an ordinance to annex a certain parcel of land comprising 215.940 acres of land generally located between F.M. 1103 and Dean Road and south of Old Wiederstien Road. Councilwoman Hartman moved to approve the annexation of 215.940 acres of land. Motion was seconded by Councilman Kelly. For: All,Against: None. J.Approval/Disapproval regarding an ordinance to annex a certain parcel of land comprising 7.126 acres of land generally located on the south side of F.M. 1103 and immediately abutting the western boundary of the Town Creek Village subdivision. Councilman Kelly moved to approve the annexation of 7.126 acres of land. Motion was seconded by Councilwoman Hartman. For: All,Against: None. K. Approval/Disapproval regarding an ordinance to annex a certain parcel of land comprising 23.779 acres of land generally located on the north side of Green Valley Road and approximately 4,000 feet east of F.M. 1103. Councilman Kelly moved to approve the annexation of 23.779 acres of land. Motion was seconded by Councilman Campbell. For: All,.Against: None. L. Approval/Disapproval regarding an ordinance repealing ordinance 498 and adopting a new ordinance entitled "Sexually Oriented Business Regulations"; providing for classification of a sexually oriented business; providing for application and license requirements for a sexually oriented bu.Finess and employees of the business;providing for location of a sexually o::ented business;providing for exemptions,enforcement and penalties;and providing for publication and an effective date. This item was pulled from the agenda from the advice of the City Attorney. 12. Executive Session- Pursuant to Tex. Gov't Code Sec 551.071 Attorney Client Consultation and 551.072 Real Property, the City Council will meet in Executive Session to discuss the following: Discussion regarding the acquisition of easements for the Phase 1 of the Town Creek Drainage Project and discuss with the city attorney the legal alternatives to the purchase of the casement/property from the landowners. 4 Council convened into Executive Session at 8:50 P.M. 13. Open Session - Reconvene into Regular Session and take action/or give staff direction,if necessary,on items discussed in Executive Session. Council reconvened into Regular Session at 9:21 P.M. A motion was made by Councilman Kelly to authorize the City Manager to continue negotiations on the easement for the Town Creek East drainage project. Motion was seconded by Councilwoman Hartman. For: All,Against: None. 14. Staff Updates A. Update on Capital Projects B. Cibolofest Update C.Update on the Texas Water Development Board Application D.Update on the Charleston Parke Drainage Project E. City Council requests regarding specific items or staff reports to be scheduled for future agendas. City Manager briefed the council on the above items. Councilwoman Hartman also stated that the Cibolofest Committee could always use volunteers. 15. Adjournment Councilman Kelly moved to adjourn the meeting at 9:30 P.M. Motion was seconded by Councilman Campbell. For: All, Against: None. PASSED AND APPROVED THIS 23m DAY OF MAY 2006. Jy Sutto yor ATTEST: Peggy Cimics City Secretary 5