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Min CC 01/10/2006 REGULAR CITY COUNCIL MEETING CIBOLO MUNICIPAL BUILDING 200 S. Main January 10, 2006 7:00 P.M. MINUTES 1. Call to Order—Mayor Sutton called the meeting to order at 7:08 2. Roll Call— Councilwoman Hartman Councilman Kelly Councilman Ramcharan Councilman Campbell Councilman Troncoso 3. Invocation Cniincihnan 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 quests 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). Brent Heiss of 242 Maidstone Cove spoke to council on his support to both Council and his support for the Capital Projects and the funding options. 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 Regular City Council meeting held on December 13,2005. B. Approval of the minutes of the Joint City Council and Oversight Committee Workshop held on January 5,2006. C. Acceptance of the check register for December 2005. Councilman Kelly made the motion to pull item 6B from the consent agenda items. Mayor Sutton made a motion to pull item 6C from the consent agenda. Councilman Kelly moved to approve item 6A of the consent agenda items. Seconded by Councilman Campbell. For: All; Against: None. Discussion on wording of consent agenda item 6C. Wording changed to read: Acceptance of the Check register for December 2005 pending final acceptance of the City's final audit for the 2006 Fiscal Year. Councilman Campbell moved to approve consent agenda item 6C with word changes. Seconded by Councilman Ramcharan. For: All,Against:None. 7. Ceremonial City Secretary will administer the oath of office to Cibolo's Alternate Municipal Court Judge Brigid Sheridan prior to her first court session. 8. Discussion/Action(General) A. Discussion/Action regarding the adoption of an ordinance to repeal and replace Ordinance No. 682 creating the City of Cibolo Streets and Drainage Commission. Said ordinance will repeal and replace Ordinance No. 682 and will provide that the Commission consist of at least five (5) regular members appointed by the City Council. (Kelly) After several minutes of discussion Councilwoman I3ai—an n -.roved to repeal and replace Ordinance 682 which now will consist of at least 5 members appointed by the City Council. Seconded by Councilman Tronr•oso. For: All;Against: None. B. Discussion/Action regarding the appointment of Parks/Planning & Zoning/CIP/Street and Drainage Committee members. (Staff) Three citizens of the community presented themselves to Council for possible appointment to different committees. Mr. Pete Crevistion briefed council on his desire to be on the 5 Year CIP Oversight Committee. Councilman Kelly moved to appoint Mr. Crevistion to the CII' Committee. Seconded by Councilman Troncoso. For: All; Against: None. Mr. Brent Heiss expressed his interest to serve on the Planning and Zoning Commission and he gave the Council a briefing on his experience and training. Councilman Troncoso moved to appoint Mr. Heiss to the Planning and Zoning Commission. Seconded by Councilman Campbell. For: All, Against: None. Mr. Bruce Winter briefed Council on his education and interest in serving on the Street & Drainage Commission. Councilman Troncoso moved to appoint Mr. Winter to the Street and Drainage Commission. Seconded by Councilman Kelly. For: All,Against: None. C. Discussion/Action regarding the Voluntary Annexation Petition on 3.5 acres of land located on the south side of FM 1103 submitted to the City of Cibolo by Mr. Troy A. Breeden, property owner. Said property being located in the J.Leal Survey,Abstract No. 210. (Staff) No action was taken on this item. 9. Discussion/Action(Builder Items) A. Consideration/Action regarding the recommendation for approval with stipulations from the Planning and Zoning Commission on the Preliminary Plat for Willowbridge Subdivision,Unit 6. Councilman Kelly moved to approve the recommendation to proceed to final with stipulations from the Planning and Zoning Commission on the Preliminary Plat for Willowbridge Subddivision, Unit 6. Seconded by Councilman Campbell. For: All,Against: None. B. Consideration/Action regarding the recommendation for approval with stipulations from the Planning and Zoning Commission on the Preliminary Plat for Deer Creek Commercial Park. Councilman Campbell moved to approve the recommendation to proceed to final with stipulations from the Planning and Zoning Commission on the Preliminary Plat for Deer Creek Commercial Park. Seconded by Councilwoman Hartman. For: All,Against: None. C. Consideration/Action regarding the recommendation for approval with stipulations from the Planning and Zoning Commission on the Preliminary Plat for Buffalo Crossing Subdivision,Unit 4. Councilman Kelly moved to approve the recommendation to proceed to final with stipulations from the Planning and Zoning Commission on the Preliminary Plat for Buffalo Crossing Subdivision, Unit 4. Seconded by Councilman Campbell. For: All,Against: None. D. Consideration/Action regarding the rcic_,mmendation for disapproval from the Planning and Zoning Commission on the Final Plat for Buffalo Crossing Subdivision,Unit 4. Bud Dailey Cibolo's Development Services Director gave a presentation to council on the Planning and Zoning recommendation for disapproval on Final Plat for Buffalo Crossing, Unit 4. Councilwoman Hartman moved to except the recommendation of the Planning and Zoning Commission of disapproval for the Final Plat on Buffalo Crossing,Unit 4. Seconded by Councilman Campbell. For: All,Against: None. E. Consideration/Action regarding the recommendation for approval from the Planning and Zoning Commission on the Final Plat f-r The Estates at Riata Oaks. Councilman Troncoso moved to approve the recommendation from the Planning and Zoning Commission on the Final Plat for the Estates at Riata Oaks. Seconded by Councilman Campbell. For: All,Against: None. F. Consideration/Action regarding the recommendation for approval from the Planning and Zoning Commission on the Final Plat for Gatewood Unit-'). Councilman Kelly moved to approve the recommendation from the Planning and Zoning Commission on the Final Plat for Gatewood Unit 3. Seconded by Councilman Campbell. For: All,Against: None. G. Consideration/Action regarding the recommendation for approval from the Planning and Zoning Commission on the Final Plat for Gatewood Unit 4. Councilman Campbell moved to approve the recommendation from the Planning and Zoning Commission on the Final Plat for Gatewood Unit 4. Seconded by Councilman Kelly. For: All,Against: None. H.Discussion on the revised Master Plan for Falcon Ridge. Council had a brief discussion on the revision of the Master Plan for Falcon Ridge. The master plan has been revised which changes the lot lay out design and increase the total residential lots by approximately five. The reason for the revision is due to the alignment of Cibolo Valley Drive so that it will be consistent with the Cities Master Plan. I. Presentation by the developer regarding the developer's proposed layout for a residential development titled Landmark Pointe. Said development contains approximately 74 acres located on the north side of Green Valley Road,being approximately 1,000 feet east of FM 1103. City Council will take no action regarding this item. Developer was not present but Bud Dailey Cibolo's Development Services Director gave Council a presentation on this proposed development which will be north of the Heights of Cibolo Development. The lay out reflects 207 plus or minus residential lots. It will be to the east of FM 1103 and front on the north side of Green Valley Road. Councilman Kelly commented that the developer needs to submit a Land Use Study in accordance with the City's Subdivision Ordinance. J. Consideration/Action regarding the recommendation from the Planning and Zoning Commission on the interpretation of the "Filling Station" land use specified in the CBD and C1R zoning districts and the "Automotive Self-Service Station" land use included in Chapter 29 Definitions of the City of Cibolo Zoning Ordinance No. 609. Councilman Kelly moved to accept Planning & Zoning interpretation that the term "Filling Station" used in the Chapter 11 "Zoning Districts Designations, Requirements and Restrictions" is included in/synonymous with the term "Automotive Self-Service" used in Chapter 29, Definitions. Staff was directed to make the defmitions and uses consistent during the rewrite of the ordinance. Seconded by Councilman Campbell. For: All, Against: None. 10. Discussion/Action(General) A.Discussion/Action designating capital projects to be initiated in the current fiscal year and to provide direction to the City with regards to the funding options to be utilized for those capital designated by the City Council. Presentation by City Manager Todd Parton to the Council on the Capital Projects for the current fiscal year and the funding options available to complete those projects. After a brief discussion motion was made by Councilman Campbell to approve tine Capital ProjeU Lisi and to direct staff to prepare for the execution of Option 1 for Revenue Bonds and$3 M in Tax Notes. Seconded by Councilman Kelly. For: All,Against: None B. Discussion/Action regarding a report on the removal of asbestos containing materials (ACMs) by the City of Cibolo from public property located at 200 South Main Street(City Hall). Update briefing by the City Manager on the medical testing of the City employees involved in the asbestos removal. Mayor Sutton briefed Council on the inspection report by Kirk Loftin from the Texas Department of State Health Services. Mr. Loftin did inform the Mayor that from what they have seen so far that none of our employees were exposed to asbestos. Mayor Sutton did inform council that the City could possibly be fined and several options the City may have when and if that occurs. C.Discussion/Action on awarding the bid to purchase a one ton 4-door crew cab truck for the City of Cibolo's Public Works Department. After a brief discussion Councilman Kelly made the motion to award the bid for the purchase of the truck to Jennings Ford in the amount of$27,691.45. Seconded by Councilman Campbell. For: All,Against: None. D.Discussion/Action on the approval/disapproval of Cibolo's 2005 Tax Roll and Tax Collection Service for 2005- 2006. Councilman Kelly moved to approve the Cibolo's 2005 Tax Roll and Tax Collection Service for 2005-2006. Seconded by Councilman Ramcharan. For: All,Against: None. E. Discussion/Action on the approval/disapproval of the 2006 General Election Services Contract with County Elections Officer, State of Texas,County of Guadalupe. Councilman Campbell moved to approve the 2006 General Election Service Contract with County Elections Officer, State of Texas,and County of Guadalupe. Seconded by Councilman Kelly. For: All,Against: None. F. Discussion/Action to provide direction tc City staff on an ordinance to limit open burning within the Cibolo :City limits. After several minutes of discussion concerning no burning within the Cibolo City limits and the concern of outdoor open fires the Council directed staff to continuing working on an Outdoor Burning Ordinance that restricts burning in residential areas to approved outdoor cooking devices and allows certain open burning on agricultural land. 11. Executive Session Pursuant to Government Code Section 551.071 Consultation with Attorney and Pending and Contemplated Litigation and Government Code Section 551.072 Deliberation Regarding Real Property,the City Council will meet in Executive Session to discuss the following: A.Discussion with City Attorney on the charter recall election provisions, legal requirements and ramifications, and potential litigation regarding the recall petition filed with the City on October 27, 2005, requesting the recall of the entire City Council and the Mayor. B. Discussion regarding the regarding the purchase of property for potential park land and municipal facilities. Council convened into executive session at 9:13 P.M. 12. Open Session Pursuant to Government Code Section 551.071 Consultation with Attorney and Pending and Contemplated Litigation and Government Code Section 551.072 Deliberation Regarding Real Property, the City Council will meet in Executive Session to discuss the following: A.Discussion with City Attorney on the charter recall election provisions, legal requirements and ramifications, and potential litigation regarding the recall petition filed with the City on October 27, 2005, requesting the recall of the entire City Council and the Mayor. B. Discussion regarding the regarding the purchase of property for potential park land and municipal facilities. Council reconvened into Regular Session at 10:30 P.M Councilman Campbell made a motion on item 12A. Councilman Campbell made the -motion that the Council authorizes the City Secretary to add the recall proposition to the ballot for the May 2006 election. Seconded by Councilman Troncoso. For: All,Against: None. 13. Staff Updates Updates to the following ongoing and planned projects: A.Borgfeld Road and Main Street Rehabilitation B. FM 78.4" Sanitary Sewer Force Main Construction C. Dietz Road Resurfacing D.Dietz RoadBorgfeld Road Intersection—Traffic Control E. Designation of City's paper of record F. Codification of City Ordinances G. Official Web Site H. Council requests regarding specific future agenda items or staff reports Todd Parton, City Manager briefed the council on the above items. Councilman Kelly requested that we address the original drainage work done on Borfeld Road. Councilwomen Hartman requested an executive session be held to discuss the duties, responsibilities and evaluation of the City Manager, Financial Director, City Secretary and Administrative Assistant. Mayor Sutton would like to see appointments to the Oversite Committees and possible a Budget oversite committee to get the community involved in the City budget process. Mayor Sutton stated that he had received a compliment on the Cibolo's Police Department from the Timber Tech Corp. and wanted the Police Chief to pass along the message to his department and to thank them for all the work they do. 14. Adjournment Councilman Kelly moved to adjourn the meeting at 11:02 P.M., seconded by Councilman Campbell. For: All, Against: None. PASSED AND APPROVED THIS 14TH DAY OF FEBRUARY 2006. J y Sutton Mayor ATTEST: h Peggy Cimics City Secretary