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Min CC 04/25/2006 REGULAR CITY COUNCIL MEETING CIBOLO MUNICIPAL BUILDING 200 S.MAIN April 25,2006 7:00 P.M. 1v rNuIrES 1. Call to Order—Mayor Sutton called the meeting to order at 7:02 P.M. 2. Roll Call Councilwoman Hartman-absent Councilman Kelly Councilman Ramcharan Councilman Campbell Councilman Troncoso 3. Invocation Councilman Campbell gave the invocation 4. Pledge of Allegiance Councilman Kelly led the Pledge of Allegiance Councilwoman Hartman arrived at 7:07 P.M. 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 discuss 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). Stephen Griem, 117 Sioux Circle spoke with council on his water bill and Cibolo's Billing Policy. Shelby Koehler, 759 CR 144,Floresville—spoke on Town Creek East channalization. Kari Latmir, 553 Tolle Road—Spoke to council on the Bum Ban Ordinance 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 11,2006. B. Approval of the minutes of the Special City Council Meeting held on April 17,2006. C. Acceptance of the March 2006 Check Register and the March 2006 Revenue/Expense Report pending final acceptance of the City's financial audit for the 2006 Fiscal Year. D.Acceptance of the recommendation for approval from the Planning and Zoning on the Final Plat for Willowbridge Subdivision,Unit 6. 1 E. Acceptance of the recommendation for approval from the Planning and Zoning on the Final Plat for Cibolo Business Park. F. Acceptance of the recommendation for approval from the Planning and Zoning on the Final Plat for The Enclave at Riata Oaks. Councilman Troncoso pulled item 6F from the consent agenda. Councilman Campbell moved to approve the consent agenda items A thru E, seconded by Councilman Ramcharan. For: All,Against: None. Item 6F: Councilman Troncoso had questions about the drainage at The Enclave at Riata Oaks. Mr. Paul Messner the Engineer for the project answered all the drainage questions and all drainage issues have been addressed and taken care of. Councilman Campbell moved to approve item 6F, seconded by Councilman Kelly. For: All,Against: None. 7. Public Hearing A.Conduct a public hearing for the purpose of considering 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 hitersection of F.M. 1103 &F.M. 78. Mayor Sutton opened the Public Hearing and asked if any citizen or council members wish to speak. Councilman Troncoso asked the City Manager, Todd Parton if he knew what was being planned for that property. After a brief discussion and no others wishing to speak the Mayor closed the Public Hearing. 8. Discussion/Action(General) A.Discussion/Action regarding the Woodstone Subdivision infrastructure. Mayor Sutton briefed council and those in attendance of the problems that Woodstone Subdivision is having concerning curbs, asphalt, sidewalks and drainage problems. The Mayor stated that he long with the City Manager, City Engineer, the City's Chief Building Inspector, and the Developer for Woodstone had met with approximately 30 homeowners to discuss what could be done to fix the problems. The Mayor did say that a punch list was completed and that the developer was working with the homeowners to address the issues. B. Discussion/Action on the update to the Sexually Oriented Business Ordinance. Councilman Campbell briefed the council on the update to the Sexually Oriented Business Ordinance. Legal has not had the opportunity to completely go over the entire ordinance. Mr. Bounds from legal stated that at the present time there is quite a bit of federal litigation going on with this issue. He will go over the ordinance and try to have something back to council at the next regular scheduled meeting. No action taken at this time. C. Discussion/Action on the preliminary acceptance of the Infrastructure for Stonebrook 1,2&3. Todd Parton, City Manager briefed the City Council that the developer has satisfactorily addressed all issues identified by City staff and the City Engineer. The deceleration lane on FM 1103 still needs to be installed and approved by TxDOT. Councilman Campbell moved to approve the preliminary acceptance of the Infrastructure for Stonebrook with the condition that they receive approval by TxDOT prior to final 2 acceptance of the infrastructure improvements. Motion was seconded by Councilman Kelly. For: All, Against: None. D.Discussion/Action on appointments to 5-Year CIP Sub-Committees and all other Cibolo Commissions and Committees with a current vacancy. Mr. Stacey Seba, 133 Sky Harbor expressed an interest in serving on the Public Safety Committee. Mr. Seba has 24 years in Law Enforcement, 5 ;cars Fire LieuienalA. aad 10,years experience as..a Fire Investigator. Councilman Kelly moved to appoint Mr. Seba to the Public Safety Committee, motion was seconded by Councilwoman Hartman. For: All,Against: None. Mr.Andrew Lambert of 100 Sky Harbor also expressed an interest in serving on the Public Safety Committee. Mr. Lambert has experience as a fire fighter,paramedic and a police officer. Councilman Troncoso moved to appoint Mr. Lambert to the Public Safety Committee. Motion was seconded by Councilman Kelly. For: All, Against: None. E. Discussion/Action on the consideration of an appointment of an individual to a one year term as a Board of Managers of the Canyon Regional Water Authority. Councilman Kelly moved to appoint the City Manager, Todd Parton to a one year term as a Board of Managers of the Canyon Regional Water Authority. Motion was seconded by Councilman Campbell. For: All,Against: None. F. Discussion/Action on the approval of the Target Market Study and Economic Development Strategy prepared by TIP Strategies. After a brief discussion Councilman Kelly moved to approve the Target Market Study and Economic Development Strategy prepared by TIP Strategies. Motion was seconded by Councilwoman Hartman. For: All,Against: None. G.Discussion/Action regarding an agreement to acquire a 20' Utility Easement and a 25' temporary construction easement through property owned by Sylvia Schlather and being generally located at the northeast corner of Town Creek Road and Wiedner Road. Todd Parton City Manager briefed City Council on the agreement granting a utility easement to the City of Cibolo from Mrs. Sylvia Schlather. This easement will allow for the construction of a portion of the Town Creek wastewater outfall line, which is planned on the east side of Town Creek Road and north Wiedner Road. Councilman Kelly moved to authorize the City Manager to finalize and execute this easement agreement on behalf of the City.Motion was seconded by Councilwoman Hartman. For: All,Against: None. H.Discussion/Action to approve a proposal to replace and upgrade 250 gallon per minute with a 500 gallon per minute pump at the City of Cibolo water tank on Cibolo Valley Drive. City Manager Todd Parton briefed City Council on the proposal to replace and upgrade the booster pump at the water tower. The City Council allocated$16,000 in this year's;budget for this item. The City has received a bid to install the pump at a cost of$15,971. The pump is needed in order to meet increasing water demands. Pursuant to the City's purchasing policy, City Council must authorize purchases over $15,000. Councilman Kelly moved to authorize staff to hire PMI to install the 500 GPM booster pump for an amount not to exceed $15,971. Motion was seconded by Councilman Troncoso. For: All;Against: None. 3 I. Discussion/Action on a Reimbursement Agreement between Blanton Development and the City of Cibolo for the construction of an oversized sanitary sewer trunk line(Town Creek). ) Todd Parton briefed the council on the agreement between the City of Cibolo and the Blanton Development Company. This agreement will require no direct funds from the City. Partial cost for the wastewater extension being constructed by the Blanton Development Company was included in the 2006 revenue bonds and this agreement will allow the City to apply those funds to other projects. Councilman Troncoso moved to authorize the City Manager to fmalize the agreement and to execute it on behalf of the City. Motion was seconded by Councilwoman Hartman. For: All,Against: None. J. Discussion/Action regarding the voluntary annexation of Dietz Road pursuant to petition by Guadalupe County. After a brief discussion Councilman Kelly moved to have the City proceed with the annexation process of Dietz Road. Motion was seconded by Councilman Troncoso. For: All,Against: None. K.Discussion/Action on a Development Agreement between Newmark Homes, L.P., and the City of Cibolo for the construction of a 16"water line generally located along Wiedner Road and pertaining the development on a site containing approximately 75 acres and being located on the south side of Green Valley Road, approximately 1,500 feet west of FM 1103. City Manager briefed the council on this development agreement. This agreement calls for the construction of a 16"Wiedner Road Water Main.The agreement is structured so that Newmark Homes builds the line and the City of Cibolo pays for the upsizing. Once the line is completed, the line will be dedicated to the City of Cibolo. The City's share of this project is $670,193. These funds are available through the recently issued 2006 revenue bonds. Councilman Campbell moved to authorize the City Manager to finalize the agreement and for the City Manager to execute it on behalf of the City. Motion was seconded by Councilman Troncoso. For: All,Against: None. L. Discussion/Action on approving the expenditure of funds to modify the front doors of the City of Cibolo Municipal Building. Todd Parton briefed the council on the different proposals received to modify the front doors of City Hall. After a brief discussion it was decided to get three bids on replacing the doors with glass and installation of an ADA button. This item will be brought back to council at the next regular scheduled meeting. M. Discussion/Action on awarding the bid for the 2006 Drainage Irnprovement Project for the City of Cibolo. City Manager briefed the council the City Engineer received two bids for the Town Creek East drainage, Dobie Creek drainage and pedestrian bridge projects. Bids were received from Dean Work Co and ASC Paving. Dean Word was the apparent low bidder. Both bids were substantially higher than the project budgets. This was due to inflation in the construction materials and fuel markets. The mayor stated that the city had been warned in August that delaying these projects until after a bond election would result in a$400- 600k increase. Staff has met with Dean Work Co. and has negotiated the project cost and has reduced this overall figure. Councilman Campbell moved to award the contract to Dean Word Co. with change order#1. Motion was seconded by Councilman Kelly. For: All,Against: Noire. 4 N. 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. All council members reviewed the May calendar and the only comment was to possible schedule a Public Safety Committee Meeting in the next couple weeks now that we have 6 members appointed to that committee. 9. Ordinances A.Approval/Disapproval regarding an ordinance to regulate outdoor burning within the Cibolo City Limits. Councilman Kelly moved to approve the ordinance to regulate outdoor burning within the Cibolo City limits. Motion was seconded by Councilman Troncoso. For: All,Against: None. B. Approval/Disapproval of an ordinance to amendment to the City of Cibolo Zoning Ordinance No. 609, Chapter 14 General Provisions. & Exceptions; Use, Height and Area Regulations by adding Paragraph M., Exceptions. City Manager Todd Parton went over the ordinance with council. Councilman Troncoso moved to approve the amendment to the City Zoning Ordinance No. 609, Chapter 14 by adding paragraph M., Exceptions. Motion was seconded by Councilman Kelly. For: All,Against: None. 10. Resolution A.Approval/Disapproval of a Resolution to appoint an individual to the Board of Managers of the Canyon Regional Water Authority. Councilman Campbell moved to approve a Resolution to appoint the City Manager, Todd Parton to the Board of Managers of the Canyon Regional Water Authority. Motion was seconded by Councilwoman Hartman. For: All,Against: None. 11. Builders Items: A.Discussion/Action regarding the recommendation for approval from the Planning and Zoning on a Special Exception to the Building Design Standards for Colossal Mini Storage. Nancy McBeth, Developmental Services Coordinator briefed council. Councilman Kelly moved to approve the recommendation from the Planning and Zoning on a Special Exception to the Building Standards for Colossal Mini Storage. Motion was seconded by Councilman Campbell. For: All,Against: None. 12. Staff Updates A.Update on Dietz Road Re-surfacing and related work B. Update on Capital Projects C. Update on the Texas Water Development Board Application D.Cibolofest Update F. City Council requests regarding specific items or staff reports to be scheduled for future agendas. City Manager,Todd Parton briefed the council on the above items. 5 13. Adjournment Councilman Kelly moved to adjourn the meeting at 9:10 P.M. Motion was seconded by Councilman Troncoso. For: All,Against: None. PASSED AND APPROVED THIS 9TH DAY OF MAY 2006. /J y Sutton Mayor ATTEST: Peggy Cimics City Secretary 6