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Min CC 02/28/2006 REGULAR CITY COUNCIL SPECIAL MEETING CIBOLO MUNICIPAL BUILDING 200 S.Main February 28,2006 7:00 P.M. Minutes 1. Call to Order—Mayor Sutton called the meeting to order at 7:04 P.M. 2. Roll Call Councilwoman Hartman Councilman Kelly Councilman Ramcharan Councilman Campbell Councilman Troncoso-Absent 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 discuss any non-agenda issue, nor may any action be taken on any non-agenda issue at this time(Attorney General Opinion—JC-0169)(limit of three minutes each). Tex Fransworth of 701 N. Main spoke on the outstanding service the City and present council has given to the citizens of Cibolo. Chad Royal of 129 Brook Bend spoke on the importance of enforcing the city's design standards. Candace Purcell of 615 N. Main spoke when item 8F/G came up for discussion. She spoke in opposition to the rezoning due to the additional noise and possible hangout for teenagers and young adults. Carolyn Tauzn of 613 N.Main spoke when item 8G came up for discussion. She was not against progress or zoning but was concerned about the noise and possible odor that could come from a business so close to their residence. 6. Maor�pening Comments Recognition of the City of Cibolo Utility and Public Works Departments. Mayor Johnny Sutton congratulated the Water/Utility Department especially Joe(JD)Malaer, Pat Brown and the City Manager Todd Parton for a great job with a major water main breakage that occurred under the railroad track on Main Street. They were able to avoid a possible crisis, major damage to the roadway and possible a derailed train by their quick action. With minimum amount of inconvenience to both residence, businesses in the area and Southern Pacific Railroad they were able to stop the,leak and get water back to all customers by early morning. Mayor Sutton requested that this gets to the individual-involved. It was also noted that this water line was scheduled to be replaced as part of the Main Street Capital Improvement Project to be accomplished under the defeated Bond Issue. 7. 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 Council member 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 on the minutes of the Regular City Council meeting held on February 14,2006. Councilman Kelly moved to approved consent agenda items and motion was seconded by Councilman Campbell. For: All,Against: None. 8. Discussion/Action(Builder Items) A. Discussion/Action regarding the recommendation for approval from the Planning and Zoning Commission on the Preliminary Plat for Town Creek Village Subdivision,Unit 2. (P&Z) Councilman Kelly moved to approve the recommendation to proceed to fmal from the Planning and Zoning Commission on the Preliminary Plat for Town Creek Village Subdivision, Unit 2. Motion was seconded by Councilwoman Hartman. For: All,Against: None. B. Discussion/Action regarding the recommendation for approval from the Planning and Zoning Commission on the Preliminary Plat for Cibolo Valley Ranch,Unit 5. (P&Z) Councilman Ramcharan moved to approve the recommendation to proceed to fmal from the Planning and Zoning Commission on the Preliminary Plat for Cibolo Valley Ranch, Unit 5. Motion was seconded by Councilman Campbell. For: All,Against: None. C. Discussion/Action regarding the recommendation for approval from the Planning and Zoning Commission on the Preliminary Plat for Springtree Subdivision,Unit 5. (P&Z) Councilman Campbell moved to approve the recommendation with conditions to proceed to fmal from the Planning and Zoning Commission on the Preliminary Plat for Springtree Subdivision, Unit 5. Motion was seconded by Councilman Ramcharan. For: All,Against: None. D. Discussion/Action regarding the recommendation for approval from the Planning and Zoning Commission on the Preliminary Re-Plat of Lot 1, Block 4 of the Schneider Industrial Park into Lots IA, 1B and 1C, Block 4 of the Schneider Industrial Park. (P&Z) Bud Dailey briefed council that developer has been working with TX Dot on granting the right-of-way on FM 1103. Prior to final we will require TX Dot comments since the lots all front on FM 1103. Councilman Kelly moved to approve the recommendation to proceed to fmal from the Planning and Zoning Commission on the Preliminary re-plat of Lot 1, Block 4 of the Schneider Industrial Park. Motion was seconded by Councilwoman Hartman. For: All,Against: None. E. Discussion/Action regarding the recommendation for approval from the Planning and Zoning Commission on the Final Plat for Falcon Ridge Subdivision,Unit 10. (P&Z) After a brief update from Bud Daily, Developmental Services Councilman Kelly moved to approve the recommendation of the Planning and Zoning Commission on the Final Plat the Falcon Ridge Subdivision,' Unit 10. Motion was seconded by Councilman Campbell. For: All,Against: None. F. Conduct a public hearing regarding the recommendation from the Planning and Zoning Commission on the consideration of the re-zoning from C-1 to C-1R on a single tract of land. 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.(P&Z) Mayor Sutton opened Public Hearing and Ms Purcell spoke in opposition to the re-zoning due to the possibility that a change in zoning could bring loud noises and a hang out for teenagers and young adults. No other citizens spoke and the Public Hearing was closed. G. Conduct a public hearing regarding the recommendation from the Planning and Zoning Commission on the consideration of the re-zoning from C-1 to C-1R on a single tract of land. 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 corner of F.M. 1103 and Main Street.(P&Z) Mayor Sutton opened the Public Hearing and two citizens ask to speak. Ms. Candace Purcell spoke in opposition to the request. She felt that changing the zoning could bring more young teens and adults into the area were more noise and the possibility of property damage could result. Ms. Carolyn Tauzn spoke and was concerned with the noise and odor if a gas station was able to be built on that property. No other comments Mayor Sutton called the Public Hearing to a close. H. Conduct a public hearing regarding the recommendation from the Planning and Zoning Commission on the consideration of the re-zoning from C-1 to C-1R on 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.(P&Z) Mayor Sutton called the Public Hearing open. Mr. James Bredewater the property owner was available to answer any questions. No citizens requested to speak;Mayor Sutton closed the Public Hearing. I. Conduct a public Hearing regarding the recommendation from the Planning and Zoning Commission on the consideration of 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 Volume 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. (P&Z) Mayor Sutton opened the Public Hearing and no citizens requested to be heard. Public Hearing was closed by Mayor Sutton. J. Discussion/Action regarding the recommendation for'denial from the Planning and Zoning Commission on the Final Plat for Buffalo Crossing Subdivision,Unit 4. (P&Z) Bud Daily, Developmental Services briefed council on this item. Mr. Daily felt that council should receive input from both Espey and the City Engineer prior to action. Councilman Kelly moved to accept the recommendation of denial from the Planning and Zoning Commission on the Final Plat for Buffalo Crossing Subdivision,Unit 4. Motion was seconded by Councilman Campbell. For: All,Against: None. 9. Discussion Only A. Update to the City Council from the following Commission/Committees. 1. Street and Drainage Commission(Tex Farnsworth) Tex Farnsworth, Chairman of the Street and Drainage Commission gave the Council a brief update on what his group has accomplished so far. Mr. Farnsworth stated that they have gone over the ordinances and other paperwork they have received and are making a priority list of projects. They are working on speed limits on residential streets and will keep the council briefed on their progress. 2. Parks and Recreation Committee(Kenny Rogers) Denny Rogers, Chairman of the Parks and Recreation Committee briefed the Council on the progress of his committee. Parks committee is in the process of overseeing the repairs to Niemietz Park to include the ball field lights. They are also moving forwarded with the Rich Park Dedication scheduled for Memorial Day. They are working on updating the Parks and Recreation Ordinance and establishing a priority list of goals and objectives for the Commission. 3.Business Development Committee(James Bigley/Emily Douglas) Will include a review of the draft TIP Strategies Plan Emily Douglas from the Business Development Committee presented an update to the Council. She informed the council that they had their first Business Breakfast Meeting on Feb 8 and it was attended by only a couple businesses. They hope that future breakfast or lunches will bring additional people. They are still working with TIP Strategies to develop an economic development plan for the city. B. Receive a report and provide direction regarding the creation of a Municipal Fire Department for the City of Cibolo.(Council members Troncoso/Kelly) Councilman Kelly requested that this item be postponed until the next regular council meeting. C. Receive a report and provide direction to the City staff regarding a draft Employee Evaluation Form. (Staff) Discussion was held on the Employee Evaluation Form. Changes that need to be added to the form included: a.Under reason for report add Annual Report b.Add supervisor's signature under employee's signature. Staff was given the direction to make changes and to have legal representative review the form. D. Receive a report and provide direction to staff regarding an amendment to the City of Cibolo Comprehensive Zoning Ordinance (Ordinance No. 609) to add an exception provision to the City's non- residential development standards. (Staff) Todd Parton, City Manager briefed council that staff is proposing that the Zoning Ordinance be amended to add an exception provision to the non-residential design standards. An exception provision would allow the City Council and/or the Planning and Zoning Commission to consider changes or modifications to the standard on a case-by-case basis. Councilman Kelly stated that changes should not lessen the standards that we presently have. Mayor Sutton stated that we need to make sure we measure for consistency. Council directed staff to proceed with development of the amendment. 10. 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) Mr. Chuck Surman spoke to council on his desire to serve on a committee or commission. He was interested in the Parks and Recreation but they have no vacant position at this time. Mr. Surman was willing to serve in any position that would help the city. Councilman Kelly moved to place Mr. Surman on the Public Safety Committee and motion was seconded by Councilman Ramcharan. For: All,Against: None. Mrs. Mary Surman also spoke with council on her desire to serve on the Business Development Committee. She wanted to work with the city to bring new businesses to the city. Councilman Campbell moved to appointed Mary Surman to the Business Development Committee and motion was seconded by Councilman Ramcharan. For: All,Against: None. B. Discussion/Action on consideration of establishing a date and time for a special meeting with City Council, Business Development Committee, business owners and all Cibolo's commissions and committees on the final briefing from TIP Strategies. (Staff) City Manager briefed council on a possible date to hold a meeting with council,business owners and all of the Cities Committees and Commissions to be updated on the report from TIP Strategies. Council decided that the meeting would be held on Saturday,March 25,2006 at 9:00 A.M. at the Cibolo City Hall,200 S.Main. C. Discussion/Action on the consideration of an appointment of Sheldon Edmondson to a two year term as a Board of Trustee of the Canyon Regional Water Authority. (Staff) This item was pulled from the agenda until the March 14,2006 meeting. D. Discussion/Action on consideration of establishing a date and time for a Mid-Year Town Hall Meeting. (Staff) A discussion was held on establishing a date, time and place for a Mid-Year Town Hall Meeting. After several minutes of discussion and checking of calendars it was decided to set the Town Hall Meeting on Saturday,April 22,2006 at 9:00 A.M. The meeting will take place at Cibolo City Hall,200 S.Main. E. Discussion/Action on the date of the Council Meeting scheduled for May 11,2006. (Staff) ' Councilman Kelly moved to re-schedule the Council Meeting scheduled for May 11,2006 back to the original date May 9, 2006, due to the fact that the chambers will be utilized by court on May 1 Ph. Motion was seconded by Councilman Ramcharan. For: All,Against: None. F. 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. (Staff) This item was pulled from the agenda. G. Discussion/Action regarding federal funding appropriations requests for City projects to be submitted to Congressman Henry Cuellar, 28fl' District, Texas, for federal funding support for the upcoming federal budget. (Staff) The City Manager briefed Council on-a letter from Congressman Cuellar's office with a request for any items in which Cibolo might want to request federal.funding support. The items that City staff is preparing are: Town Creek East and West Drainage, Cibolo Central Retention and FM 1103 Extension — Right-of-Way Acquisitions. A discussion was held and Council directed staff to fmalize list placing the Main Street project as number one priority and submit to Congressman Cuellar as soon as possible. 11. Ordinance A. Approval/Disapproval of a City of Cibolo Burn Ban Ordinance. (Staff) Staff was directed to incorporate council's comments and present at the March 14,2006 Council Meeting. B. Approval/Disapproval of an Ordinance regarding election ballot language for the May 13, 2006 election. (Staff) Councilman Kelly moved to approve the ordinance regarding election ballot language for the May 13, 2006 election. Motion was seconded by Councilman Campbell. For: All,Against: None. C. Approval/Disapproval of an Ordinance to revise the Cibolo Water Ordinance to adjust the meter fees. (Staff) Councilman Campbell moved to approve the revise ordinance to adjust the meter fees. Motion was seconded by Councilman Kelly. For: All,Against: None. 12. Staff Updates A. Citizens Police Academy B. Dietz Road resurfacing C. Update on Capital Projects D. Update on the city wide meter conversion E. Council requests regarding specific future agenda items or staff reports Mark Riffe,Police Chief briefed Council on the Cibolo Citizen Police Academy. The academy is designed for the citizens of Cibolo who are interested in learning more about how their Police Department operates and the challenges the'Department faces on a day-to-day basis. The Department will seek to fill each session with the approximately 15 citizens who represent a cross section of the community. The Academy will run approximately 10 weeks and classes will be held on Friday evenings at 6:00 P.M. at Cibolo City Hall. Rudy Klein gave Council an update on the Capital Projects. Mr. Klein stated that they were still trying to obtain easements from several citizens. Todd Parton, City Manager briefed Council on remaining items. 13. Adjournment Councilman Kelly moved to adjourn the meeting at 9:40 P.M., seconded by Councilman Campbell. For: All, Against: None. PASSED AND APPROVED THIS le DAY OF MARCH 2006. /ayor n ATTEST: may' ` Peggy Cimics City Secretary