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Min CC 04/11/2006 REGULAR CITY COUNCIL MEETING CIBOLO MUNICIPAL BUILDING 200 S.MAIN April 11,2006 7:00 P.M. MINUTES 1. Call to Order -Mayor Sutton called the meeting to order at 7:01 P.M. 2. Roll Call Councilwoman Hartman Councilman Kelly Councilman Ramcharan—absent Councilman Campbell Councilman Troncoso 3. Invocation Councilman Campbell 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). Brent Heiss of 242 Maidstone Cove, Cibolo, TX spoke to thank the Council for their attendance and participation at the Citizens for Truth in Politics Forum held at Harmon's on April 6,2006. The following individuals spoke to council on Woodstone Drainage and Street Flooding. Melissa &James Dawe of 115Woodstone Way Warner Zacher of 111 Woodstone Way 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 March 30,2006. Councilman Troncoso moved to approve consent agenda items, seconded by Councilman Campbell. For: All,Against: None. 7. Statement from the Mayor Clarifying citizens to be heard and the charter requirements, Texas Open Meetings Act requirements, and procedural rules. Mayor Sutton briefed all those in attendance on the Citizens to Heard portion of the agenda. He stated that citizens had a right to sign up and be heard and that they may speak on any item they desired as long as they did not attack an individual or group by name. Citizens are allotted no more than three minutes to express their views. Council also has the right to present any factual response to items that are brought up by citizens during this portion of the meeting. 8. Presentation A. Presentation by Dr.Belinda Pustka,Superintendent of the Schertz-Cibolo-Universal City Independent School District. Dr. Pustka from the Schertz-Cibolo-Universal City Independent School District briefed council and the citizens in attendance on the three Bond Propositions that citizens in the district will be able to vote for on May 13, 2006. Proposition 1: Includes the building of a new Elementary School and a new Junior High School. In addition replacement buildings for Schertz and Wiederstein Elementaries and $1 million towards adding technology in new schools. This proposition also includes purchase of land for future school sites and transportation needs such as parking,bus barns and purchasing buses. ($155,595,000) Proposition 2: Bond for construction of new classrooms at existing campuses, renovations, improvements and equipment purchases of Watts/Jordan additions, Paschal drive-way, Clemens/Dobie Science Wings,Dobie HVAC,Agriculture Barn upgrades roofs and technology. ($51,581,700) Proposition 3: Clemens High School pressbox and additional stadium seats, new field house, two new tennis courts, replace practice gym fighting/lockers, adding artificial turf and contingency and design fees. Steele High School pressbox upgrades and expansion, 7500 additional stadium seats, stadium building restrooms, artificial turf, parking lot and contingency and design fees. (Total — 10,148,300) After the presentation Dr. Pustka answer several questions from the citizens in attendance. B. Audit presentation Presentation by Debbie Frazer, Armstrong, Vaughan & Associates. Council received a comprehensive annual financial report for the fiscal year ending September 30,2005. Ms. Frazer went over several items in the report with council and also briefed the Management Analysis Findings. Ms.Frazer answered several question from the council. 9. Public Hearing A. Public Hearing regarding the annexation of 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. Mayor Sutton opened the Public Hearing and ask if any citizens wish to speak. No comments from citizens or council, Mayor Sutton closed the Public Hearing. B. Public Hearing regarding the annexation of 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. Public Hearing was opened by Mayor Sutton. No comments from council or citizens and the Public Hearing was closed by the Mayor. C.Public Hearing regarding the annexation of 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 F.M. 1103 and Weil Road,and presently owned by LLB Cibolo Vista Partner,L.P.with James R.Hardy as President and Agent. Mayor Sutton opened the Public Hearing and asked if any citizen wish to speak. No comments by either citizens or council and the Public Hearing was closed. D. Public Hearing regarding the annexation of 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 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. Mayor Sutton opened the Public Hearing and ask if any citizens wish to speak. No comments from citizens or council, Mayor Sutton closed the Public Hearing. E.Public Hearing regarding the annexation of 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. Public Hearing was opened by Mayor Sutton. No comments from council or citizens and the Public Hearing was closed by the Mayor. F.Public Hearing regarding the annexation of 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. Public Hearing was opened by Mayor Sutton. No comments from council or citizens and the Public Hearing was closed by the Mayor. G.Public Hearing regarding the annexation of 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. Mayor Sutton opened the Public Hearing and ask if any citizens wish to speak. No comments from citizens or council, Mayor Sutton closed the Public Hearing. H. Public Hearing regarding the annexation of 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. Public Hearing was opened by Mayor Sutton. No comments from council or citizens and the Public Hearing was closed by the Mayor 10. Discussion/Action(General) A. Receive a report from the following Committees/Commissions. 1. Street&Drainage—Tex Farnsworth 2. Business Development—James Bigley Mr.Tex Farnsworth updated the council on the Street and Drainage Commissions progress and accomplishments. Business Development Committee did not have a representative at the meeting to update council,will be rescheduled to brief Council at a future date. B. Discussion/Action on appointments to 5-Year CIP Sub-Committees and all other Cibolo Commissions and Committees with a current vacancy. Paul Machen presented himself to council and stated he was interested in serving on the Business Development Committee. Councilman Kelly made the motion to approve Mr. Machen as a member of the Business Development Committee. Motion was seconded by Councilwoman Hartman. For: All,Against: None. C. Discussion/Action on the consideration of an appointment of Ronald Pedde to a one year term as a Board of Trustee of the Canyon Regional Water Authority. Councilman Troncoso moved to approve the appointment of Ronald Pedde to a one year term as a Board of Trustee of the Canyon Regional Water Authority. Motion was seconded by Councilman Kelly. For: All,Against: None. D. Discussion/Action to accept the audit for FY 2004-05. Councilman Kelly moved to accept the audit for FY 2004-2005, seconded by Councilman Campbell. For: All,Against: None. E. DiscussioniAction on the approval of the Economic Development Study done by TIP Strategies and presented to Council at the March 30,2006 meeting. This item was tabled until the next regular scheduled meeting. F. Discussion/Action regarding Mid Year Budget Adjustments. City Manager,Todd Parton briefed the council on adjustments to the mid-year budget. G. Discussion/Action on Franchise Agreement between GVSUD and the City of Cibolo. Todd Parton briefed the Council on a franchise agreement with GVSUD for the use of City streets and related infrastructure by GVSUD. After a brief discussion among council members Councilman Kelly moved to approve the franchise agreement with GVSUD. Motion was seconded by Councilwoman Hartman. H. Discussion/Action on a Development Agreement between Blanton Development and the City of Cibolo for the completion of certain public improvements. Todd Parton briefed council on the conditions of this agreement which included: 1. The construction of the remaining half of Cibolo Valley Drive to Borgeld Road 2. The extension of Bentwood Ranch Drive to Main Street 3. Improvement to Town Creek Road 4. The waiver of street impact fees in lieu of roadway improvements 5. The construction and over sizing of water and wastewater improvements 6. Provisions for entering into a separate reimbursements agreement to pay the developer back for the over sizing of the water and wastewater system improvements 7. The construction of drainage improvements that will mitigate downstream storm water impacts and waiving drainage impact fees since downstream impacts are mitigated 8. The dedication of park land and the construction of a public hike/bike trail in lieu of parks fees. After a briefed discussion Councilman Kelly moved to approve the Development Agreement between Blanton Development and the City of Cibolo. Motion was seconded by Councilwoman Hartman. For: All,Against: None I. 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 to ensure everyone was aware of all upcoming meetings. J. Discussion/Action regarding entering into an inter-local agreement between the City of Cibolo and Guadalupe County for the annexation of Dietz Road. Council had a brief discussion on the annexation of Dietz Road. Council instructed staff to work with the County to get this annexation started at the earliest possible date. K. Discussion/Action on the Town Center/Town Lake Project. (Sutton) Chris Stewart briefed Council and all tbose in attendance on the Town Centen/Town Lake Project concept. Mr. Stewail handed out maps of a proposed drawing and answer questions from Council. Council decided to set up a committee to discuss and pull all the information together to present back to Council. Councilman Kelly nominated Councilwoman Hartman to be the Council liaison to the committee. Councilman Troncoso seconded the nomination. For: All,Against: None. 11. Builders Items: A. Discussion/Action regarding the recommendation for disapproval from the Planning and Zoning on the Final Plat for Charleston Parke Subdivision,Unit 2. Councilman Kelly moved to accept the recommendation for disapproval from the Planning and Zoning Commission on the Final Plat the Charleston Parke Subdivision, Unit 2. Motion was seconded by Councilwoman Hartman. For: All, Against: None. B. Discussion/Action regarding the SUP for Everyday Christian Fellowship. After a brief discussion with Council, Councilman--Campbell moved to approve the SUP for Everyday Christian Fellowship with the condition that a rock base is placed at the construction entrance. Motion was seconded by Councilman Troncoso. For: All,Against: None. 12. Discussion/Action(Development Items) A. Discussion/Action regarding the petition by Don Pierson to re-zone from C-1 to C-1R. 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. No comment by Council. B. Discussion/Action regarding the petition by Bahram Panapour for owner Austofield Partners to re-zone from C-1 to C-1R. Said tract of land being 1.964 acres(85,551.84 sq ft)of land out of a 58.2 acre tract as recorded in Volume 515, Page 510 of the Deed Records of Guadalupe County,Texas,situated in the Trinidad Garcia Survey,Abstract 137,City of Cibolo,Guadalupe County,Texas,and being generally located on the northeast comer of F.M. 1103 and Main Street. No comment by Council. C. Discussion/Action regarding the petition by James Bredewater to re-zone from C-1 to C-i R. Said tract of land being 7.319 acres out of the Geronimo Leal Survey, Abstract 85 and being out,of a 103 acre tract described in Volume 460, Pages 157-159 of the Deed Records of Guadalupe County, Texas, and being generally located on the south side of F.M. 1103,approximately 3/a mile west of the Weil Road/FM 1103 intersection. No comment by Council. 13. Ordinances A. Approval/Disapproval regarding an ordinance to change the zoning,from C-1 to C-1R 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 Ordinance to change the zoning from C-1 to C-1R on the Don Pierson said tract�of land being 2.066 acre tract out of a 58.2 acre tract. Motion was seconded by Councilman Troncoso. For: All;Against: None. B. Approval/Disapproval regarding an ordinance to change the zoning from C-1 to C-1R on a single tract of land. (Austofield Partners)Said tract of land being 1.964 acres(85,551.84 sq ft)of land out of a 58.2 acre tract as recorded in Volume 515,Page 510 of the Deed Records of Guadalupe County, Texas, situated in the Trinidad Garcia Survey, Abstract 137,City of Cibolo,Guadalupe County,Texas, and being generally located on the northeast comer of F.M. 1103 and Main Street. Councilman Campbell moved to approve an Ordinance to change the zoning from C-1 to C-1R on Austofield Partners tract of land being 1.964 acres out of a 58.2 acre tract. Motion was seconded by Councilman Troncoso. For: All;Against: None. C. Approval/Disapproval regarding an ordinance to change the zoning from C-1 to C-1R on a single tract of land. (James Bredewater)regarding a single tract of land. Said tract of land being 7.319 acres out of the Geronimo Leal Survey,Abstract 85 and being out of a 103 acre tract described in Volume 460,Pages 157-159 of the Deed Records of Guadalupe County,Texas,and being generally located on the south side of F.M. 1103,approximately%mile west of the Weil Road/FM 1103 intersection. Councilman Kelly moved to approve the Ordinance to change the zoning from C-1 to C-1R on the James Bredewater tract of land being 7.319 acres out of a 103 acre tract. Motion was seconded by Councilwoman Hartman. For: All; Against: None. D. Approval/Disapproval of an Ordinance to Amend the FY 2005-2006 Year Budget. Councilman Troncoso moved to approve the Ordinance to amend the FY 2005-2006 Year Budget. Motion was seconded by Councilman Kelly. For: All;Against: None. E. Approval/Disapproval of an Ordinance to establish a franchise agreement between the City of Cibolo and the Green Valley Special Utility District. Councilman Kelly moved to approve the Ordinance to establish a franchise agreement between the City of Cibolo and the Green Valley Special Utility District. Motion was seconded by Councilman Campbell. For: All;Against: None. 14. Resolution A. Approval/Disapproval of a Resolution to appoint one member to the Board of Trustees for a one-year term of office, to the Canyon Regional Water Authority. Councilman Kelly moved to approves_, a Resolution to appoint Ronald Peddc to the Board of Trustee for a one-year term. Motion was seconded by Councilman Campbell. For: All;Against: None. B. Approval/Disapproval of a Resolution that The City of Cibolo pledges its support for the mission and goals of the Community Fine Arts Network and encourages all members of the community to become involved in Fine Arts so that the community as a whole may become more enriched and improve the quality of life for all residents, young and old. After a brief discuss among Council members Councilman Kelly moved to approve the Resolution to support the Community Fine Arts Network. Motion was seconded by Councilman Campbell. For: All;Against: None. C. Approval/Disapproval of a Resolution proclaiming that May 7 through May 13, 2006, as Building Safety Week in the City of Cibolo. Accordingly, our citizens are encouraged to join their fellow Americans in participating in Building Safety Week activities and assisting efforts to improve building safety. Councilman Kelly moved to approve the Resolution to set the date May 7 through May 13,2006 as Building Safety Week in the City of Cibolo. Motion was seconded by Councilman Campbell. For: All,Against: None. 15. 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. Update on Charleston Parke Drainage Project. E. Cibolofest Update E. 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. 16. Adjournment Councilman Campbell moved to adjourn the meeting at 11:15 P.M. Motion was seconded by Councilman Troncoso. For: All,Against: None. PASSED AND APPROVED THIS 25TH DAY OF APRIL 2006. J y Sutton Mayor ATTEST: Peggy Cimics City Secretary