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Min CC 01/24/2006 REGULAR CITY COUNCIL MEETING CIBOLO MUNICIPAL BUILDING 200 S.MAIN January 24,2006 7:00 P.M. MINUTES 1. Call to Order—Mayor Sutton called the meeting to order at 7:00 P.M. 2. Roll Call— Councilwoman Hartman-absent Councilman Kelly Councilman Ramcharan-absent Councilman Campbell Councilman Troncoso 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 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) Harvey Hild of 1430 Weil, Marion, Texas spoke on the capital outlay and capital replacement line items listed in this year's fiscal year budget. The following residents spoke in opposition to the variance request by Colossal Mini Storage. The residents felt that the City had worked hard to put together an ordinance that put design standards in effect for the City. By givii:g a variance would just set precedence for other to come in and do the same defeating zne purpose of the ordinance. Mr. Lindhorst also voiced concern about the speed limit in the Braewood subdivision and would like to see it lowered. Amy Gula,208 Green Brook Place,Cibolo Chad Royal, 129 Brook Bend,Cibolo Callie Buckhalter-Horne,213 Green Brook Place,Cibolo Mark Lindhorst, 136 Brook Bend,Cibolo Rich&Shana Simpson, 105 Brook Bend,Cibolo Alan Leyendecker,212 Green Brook Place,Cibolo 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 Council member so request, 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 Joint City Council and Oversight Committee Workshop held on January 5, 2006. B. Approval of the minutes of the Joint City Council and Business Development Committee held on January 10,2006. C. Approval on the minutes of the Regular City Council meeting held on January 10,2006. D. Approval of the recommendation for approval from the Planning and Zoning Commission on the Preliminary Plat for Falcon Ridge Unit 11. Councilman Troncoso made the motion to pull item 6C from the consent agenda item. Councilman Campbell made a motion to approve item 6A,B & D of the consent agenda items. Seconded by Councilman Kelly. For: All,Against: None. 7. Discussion/Action(General) A. Discussion/Action on an appeal of a utility bill by Tanesha Barnes,301 Longhorn Way. (Staff) After several minutes of discussion between the council and Ms. Barnes, Councilman Campbell moved to accept the staff recommendation that Ms. Barnes be able to pay her utility bill in installments. Staff recommended three months installments and Councilman Campbell moved to change that to 5 months beginning in February 2006. Motion was seconded by Councilman Kelly. For: All,Against: None. B. Discussion/Action on hearing the"Petition Requesting Annexation"filed by Mr.Troy Breeden regarding the proposed annexation of a 2.500 acre tract of land and a 1.00 acre tract of land,both 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,and both located immediately to the south of F.M. 1103. (Staff) City Manager,Todd Parton briefed council on the petition and Mr.Breeden was available to answer any questions the council may have. If and when petition is granted the staff will work with Mr.Breeden on a Service Plan. Councilman Kelly moved to accept the Petition requesting Annexation filed by Mr.Breeden along with conditions contained in the City Managers letter, dated Jan 23, 2006,to Mr.Breeden. Motion was seconded by Couiicilman Troncoso. For: All,Against: None. 8. Presentation Presentation from Espey Consultants to update the City Council regarding the TWDB Flood Protection Planning Grant Project. This item was briefed after the Builder Items. This briefing was conducted by Chris Stewart,Espey Corporation. He briefed the City of Cibolo 2005 TWDB Grant Program and the Town Creek Flood Protection Plan. He went over the status Flood Protection Plan to include the following eight items: 1.Hydrology 2. Comparison of Peak Flows 3. Hydraulics 4.Map Modernization 5.The 404 Permit 6.Improvement Concepts 7.What the next step should be 8. Questions and discussion. 9. Discussion/Action(Builder Items) A. Discussion/Action regarding the recommendation for approval from the Planning and Zoning Commission on the revised Master Plan for Falcon Ridge Subdivision. Bud Dailey Cibolo's Development Services Director gave a presentation to council on the Planning and Zoning Commission recommendation for approval of the revised Master Plan for Falcon Ridge Subdivision. He explained that this is a realignment of the subdivision due to the realignment of Cibolo Valley Drive. Councilman Troncoso moved to approve the recommendation of the Planning and Zoning Commission on the revised Master Plan for Falcon Ridge. The motion was seconded by Councilman Campbell. For: All,Against: None. B. Discussion/Action regarding the recommendation for disapproval from the Planning and Zoning Commission on the revised Final Plat for Falcon Ridge Subdivision,Unit 10.' Bud Dailey explained to council that this unit had been platted. as a final plat prior to re-alignment of Cibolo Valley Drive. This unit is being presented-back due to the re-alignment of Cibolo Valley Drive. There were several issues that were associated with this plat that were addressed by both Cibolo's City Engineer and City Consultant Espey Consultants. These issues involved location of fire hydrants and non- vehicular access required along Cibolo Valley Drive. After several minutes of discussion Councilman Kelly moved to accept the recommendation of the Planning and Zoning Commission to disapprove the Final Plat for Falcon Ridge Unit 10. C. Discussion/Action regarding the recommendation for approval from the Planning and Zoning Commission on the variance requested by Duane B.Kirk,homeowner at 101 Cinnabar Trail to: 1. encroach 3 feet into the rear building setback to install a swimming pool and additional patio, and 2. exceed the maximum lot coverage by 5.4% (from 40% to 45.4% ) as a result of the patio/pool proposed by the applicant. Mr.Kirk was present and did brief council on his request. After several minutes of discussion and review of his application Councilman Troncoso moved to approve the setback variance as recommended by the Planning and Zoning Commission because there will be no structure above grade within the setback envelope. Motion was seconded by Councilman Campbell.For: All,Against: None. Councilman Kelly moved to approve the variance of exceeding the lot coverage as recommended by the Planning and Zoning Commission. Motion was seconded by Councilman Troncoso. For: All,Against: None. Councilwomen Hartman arrived at 8:16 P.M. D. Discussion/Action regarding the recommendation for approval for items a,b, and item d from the Planning and Zoning Commission and the recommendation of disapproval of item c. on the variance requested by Colossal Mini Storage owner Ben Johnston. 1. to obtain a variance to the building design ordinance(s) for the exterior materials the new building would match the existing building 2. a variance to the required window design to allow them to have no windows or transparent windows 3. a variance to the roof requirement of a 7:12 pitch and allow a roof pitch of%2:12 4. a variance to the requirement for a trash receptacle screening; to allow them not to screen trash enclosure; since they do not provide a trash receptacle for their tenants. This item was briefed by Bud Dailey Developmental Services and Mr.Johnston,owner of Colossal Mini Storage. There was quite a lot of discussion on this item as several residents earlier in the evening spoke in opposition to this variance. Residents felt that the City had put Design Standards in effect for a reason and they did not want a medal building in their neighborhood. By approving this variance the City Council would be setting precedence and defeating the purpose of the Design Standards Ordinance. Councilman Kelly moved to remand to Planning and Zoning and to direct staff and Planning&Zoning Commission to work with the builder/owner and homeowners associations to explore and work on an acceptable plan that would meet the fi tent of the Cibolo Desib Standards. Motion was seconded by Councilman Troncoso.For: All,Against: None. 1 10. Discussion/Action(General) A. Discussion/Action for direction to City staff regarding the issuance of tax notes and revenue bonds for identified capital projects. (Staff) Todd Parton City Manager briefed Council on the progress made in process of selling the Tax Notes and Revenue Bonds. Although interest rates cannot be locked in until City Council authorizes Southwest Securities to proceed,Todd was able to give Council an ideal of what the City can expect on rates. These rates are extremely attractive and illustrate the credit value the banks place on the City of Cibolo. Councilman Kelly moved to approve option 3 for the tax notes and option 1 on the revenue bonds and call for a special council meeting to authorize Southwest Securities to proceed. Motion was seconded by Councilman Troncoso. For: All,Against: None. B. Approval/Disapproval of the first quarter investment report for FY2006. (Staff) Investment Report was briefed by Yvonne Griffin, Finance Director. Councilman Campbell moved to approve the first quarter investment report for FY2006. Motion was seconded by Councilwomen Hartman. For: All,Against: None. C. Receive a report from City staff regarding the revenues and expenditures for the current Fiscal Year. Report briefed by Todd Parton and Yvonne Griffin. Several minutes of discussion took place and Councilman Kelly requested if a department experiences a variance of plus or minus 10% or more staff should put a note or comment as to why. No other action taken. D. Discussion/Action on the FY 2005 end of year budget recap. (Staff) Briefing was conducted by Todd Parton City Manager. He stated that this budget is currently being audited. The final expenditures will be confirmed or modified as necessary through the auditing process. Highlights with regard to the budget indicate that actual General Fund expenditures were less than budgeted expenditures by approximately$31,000. In addition, General Fund revenues exceeded revenues by approximately $303,000. The Capital Projects Budget experienced shortfalls in revenues primarily to two facts: 1. anticipated allocating impact fees for projects in which impact fees were not eligible and 2.anticipated revenues being transferred in from remaining funds from the previous bond issues that were not actually there. The City also had to complete three major emergency capital projects that required funds to be used from the General Fund Balance. These projects were: 1. 16" Water Feeder Line 2.Borgfeld Road/Main Street Rehabilitation 3. FM 78 Sanitary Sewer 4" Force Main. No other action required. E. Discussion/Action on the progress of the Economic Development Foundation. (Hartman) Councilwomen Hartman spoke on the need to appoint an interim Economic Development Director. Cibolo needs an individual that can take the lead in getting businesses and company's into the Cibolo area. This person would also take some of the pressure off the city manager. Mayor Sutton stated that he thought that the Business Development Committee was establish to look at the different possibilities and bring suggestions to the City Council on what they thought would or could be done to increase Cibolo as a market place to businesses and company's. The funding for such a position was brought up and the possibility of combining the City Planner position that is already budget into a Planner/Economic Development position. After several minutes of discussion among council members it was suggested that Councilwomen Hartman address the issue with the Business Development Committee at their next regular schedule meeting. Councilwomen Hartman agreed that shewould present her plan to the Business Development Committee. F. Discussion/Action on the legal review of the City of Cibolo Impact fee Ordinance Numbers 461, 611 and 627 and related Land Use Assumptions and Capital Improvements Programs. (Staff) Todd Parton presented an update on the legal review of the City of Cibolo's Impact Fee.The legal consultant had completed a legal review of the Impact Fee Ordinance and the Land Use Assumptions Report. Mr.Parton stated that it was the attorney's opinion that the City of Cibolo did not meet the requirements of Local Government Code 395 to establish impact fees at a rate greater then 50% of the calculated costs per land use equivalent. G. Discussion/Action to provide direction to City Staff regarding and Development Agreement between Regent Communities and the City of Cibolo for certain public improvements 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) City Manager briefed Council that the primary purpose of this agreement is to coordinate the construction of the 16" water line planned along Wiedner Road. This is a water line project that is included in the City's impact fee program. Council directed staff to proceed with a development agreement and bring the final document to City Council on February 14,2006. 11. Discussion Only A. Discussion and briefing on the draft FEMA Flood Insurance Rate Maps (FIRMS) dated December 28, 2005. (Staff) Staff updated City Council with regards to the preliminary results of the restudy of the flood maps being conducted by FEMA. The maps resulted in an increase in the land area located with the floodplains along the Town Creek East and Town Creek West watersheds. This has a significant impact on the Buffalo Crossing, Gatewood, Saddle Creek, Cibolo Valley Ranch and Stonebrook Subdivisions. B. Discussion on the City of Cibolo's web site to include: 1. Summary of inputs by council members and their incorporation into the web site 2. Date the site will go on line 3. Assignment of responsibilities for management and update of the web site(Kelly) Staff briefed City Council on the progress of the City's web site. All corrections that City Council had forwarded to city manager have been taken care of. Yvonne Griffin has volunteered to manage and update the web site with Peggy Cimics as cross trained to,perform the same duties.Ms. Griffin stated that the web site would be up and running in one week and that you should have access to it no later than January 31, 2006. 12. Ordinance A. Approval/Disapproval of an ordinance to amend the FY 2006 budget. (Staff) Councilman Kelly moved to approve the ordinance to amend the FY 2006 budget. Motion was seconded by Councilwomen Hartman. For: All,Against: None. 13. Resolution A. Resolution for Intergovernmental Cooperation. (Sutton) After a briefed discussion Councilman Campbell moved to approve the Resolution for Intergovernmental Cooperation. Motion seconded by Councilman Kelly. For: All,Against: None. Item 16 A thru J moved before the Executive Session Councilman Troncoso left at 11:01 due to work commitments. 14. Executive Sessien Pursuant to Tex. Gov't Code Sec. 551.074 Personnel Matters; Sec. 551.071 Attorney Client Consultation and Pending and Contemplated Litigation the City Council will meet in Executive Session to discuss the following: A. Discussion regarding the duties,responsibilities and supervision by the City Manager of the finance director, city secretary and administrative assistant. B. Discussion with City Attorney regarding submission of the recall election to the U.S.Department of Justice as required by Section 5 of the Voting Rights Act of 1964. C. Discussion with the City Attorney regarding election ballot propositions language and the city charter and state election law requirements. Council_convened into executive session at 11:58 n.n . 15. Open Session The City Council will reconvene in Regular Session to take action or give the staff direction,if necessary, on the following items discussed in Executive Session: A. Discussion/Action on the supervision by the City Manager of the finance director, city secretary and administrative assistant. B. Discussion/Action regarding submission of the recall election to the U.S.Department of Justice as required by Section 5 of the Voting Rights Act of 1964. C. Discussion/Action regarding election ballot propositions language. Council reconvened into Regular Session at 12:51 a.m. 15A.No action 15B. Councilman Kelly moved to direct staff to submit recall election to the U.S. Department of Justice as required by Section 5 of the Voting Rights Act of 1964. Motion was seconded by Councilman Campbell. For: All,Against: None. 15C. Councilman Kelly moved to accept the City Attorneys language to be used on the ballot for the Recall of the Mayor and all City Council members. Motion seconded by Councilman Campbell. For: All, Against: None 16. Staff Updates A. Borgfeld centerline and fog lines B. Dietz Road resurfacing C. Borgfeld&Dietz Road Intersection D. Drainage—Re:Borgfeld Road original work E. Update on 1103 annexation effort F. Update on fees and circulation of local newspapers G. Update on TCEQ report on our water compliance H. Committee Update Reports to City Council—P&Z,Business Dev. &Parks I. Status of the official city map and the corrected official zoning map. J. Current Project List K. Council requests regarding specific future agenda items or staff reports Todd Parton, City Manager briefed council on the above items. Howard Motch, chairman of the Planning &Zoning Commission presented an update on his commission and also stated that they would be holding a workshop on Saturday, February 4, 2006 from 8:00 am to 11:00 am if any councilmember would like to attend. 17. Adjournment Councilman Kelly moved to adjourn the meeting at 12:58 a.m. Motion was seconded by Councilwomen Hartman. For: All,Against: None. PASSED AND APPROVED THIS 14TH DAY OF FEBRUARY 2006° Jo y Sutton Mayor ATTEST: Peggy Cimics City Secretary