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Min CC 11/08/2005 REGULAR CITY COUNCIL MEETING CIBOLO MUNICIPAL BUILDING 200 S.MAIN Nov 8,2005 7:30 P.M. MINUTES 1. Call to Order—Mayor Sutton called the meeting to order at 7:49 P.M. 2. Roll Call— Councilwoman Hartman 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. 5. Presentation: Recognize Teddi Young for 10 years of service to the City of Cibolo. 6. 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) Bryon Mills spoke on a citizen's perspective of the Green Valley Road Project. 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 of the minutes of the Regular City Council meeting held on October 25,2005 B. Approval of the minutes of the Special City Council meeting held on November 2,2005 Councilman Ramcharan moved to approve the consent agenda items. Seconded by Councilman Kelly. For: All, Against: None. 8. Public Hearings A. Consider Approval/Disapproval of amendments City of Cibolo Zoning Ordinance No. 609,by adding Chapter 15 Specific Use Permits. P&Z recommended approval.(P&Z) Councilman Ramcharan moved to approve the recommendation of the Planning and Zoning Commission for amending the City of Cibolo Zoning Ordinance No. 609, by adding Chapter 15, Specific Use Permits. Seconded by Councilman Kelly. For: All,Against: None. B. Consider Approval/Disapproval of amendments City of Cibolo Zoning Ordinance No. 609, Chapter 22 Fees and Appendix A—Fee Schedule. Said amendment shall be to remove the fees from Zoning Ordinance No. 609.P&Z recommended approval. (P&Z) Councilman Campbell moved to approve the recommendation of the Planning and Zoning Commission to amend the City of Cibolo Zoning Ordinance No. 609, Chapter 22 Fee Schedule, by removing the fees from the Zoning Ordinance. Seconded by Councilman Ramcharan. For: All,Against: None. 9. New Business A. Consider/Action regarding appointments to the Planning and Zoning Commission. Said appointments are to fill Places 1 and 6 vacated by the previous appointees—Jimmy Powers(Place 1)and Lynn Bullock(Place 6). (Staff) Elliott Franklin a citizen of Cibolo spoke to the council on his desire to serve on the Planning and Zoning Commission. He briefed the Council on his background, education and family. Councilman Kelly moved to appoint Mr. Elliot Franklin to Place 1 on the Planning and Zoning Commission. Seconded by Councilman Ramcharan. For: All, Against: None. B. Consideration/Action regarding appointments to the Parks Commission. Said appointments are to fill two vacant positions on the Commission, one of which has remained unfilled and the other which has been vacated by Gabriel Castro. (Staff) Applicant Linda Robinson was interested in serving on the Parks Commission. Councilman Troncoso moved to Appoint Linda Robinson to the Parks Commission. Seconded by Councilwoman Hartman. For: All,Against: None. C. Consideration/Action regarding the adoption of the City of Cibolo Master Park Plan. (Parks Commission) City Manager Todd Parton presented a presentation the Parks Master Plan to the City Council. Councilman Kelly moved to adopt the Parks Master Plan. Seconded by Councilman Campbell. For: All,Against: None. D. Consideration/Action regarding the plan for the City park being constructed on Cibolo Valley Drive, approximately 1,000 feet north of Green Valley Road. Said park construction being conducted by Cibolo Greenbrook Partnership pursuant to an approved development agreement with the City of Cibolo.(Staff) After several minutes of discussion Councilman Ramcharan moved to approve the plans for the City Park on Cibolo Valley Drive with three conditions: 1. ensure that TAS standards relating to handicapped parking spaces are met. 2. a sidewalk be constructed to extend from Cibolo Valley Drive into the park, and 3. that handicapped accessible walkways are extended to each backstop. E. Consideration/Action on eliminating the Infrastructure Compliance Manager position and providing for a contract employee to conduct infrastructure construction inspections and related services for the City and its ETJ.(Staff) City Manager Todd Parton briefed the Council on the Infrastructure position. Councilman Campbell moved to approve eliminating the Infrastructure Compliance Manager position and providing for a contract employee to conduct the construction inspections and related services. Seconded by Councilman Ramcharan. For: All,Against: None. F. Consideration/Action on awarding the bid to purchase four patrol vehicles for the City of Cibolo Police Department. (Staff) Police Chief Mark Riffe gave a presentation on the purchase of four new patrol vehicles. Councilman Kelly moved to approve the purchase of four new police vehicles from Philpott Ford of Niederland, Texas, for the total amount of $77,952.00. Seconded by Councilman Troncoso. For: All,Against: None. G. Consideration/Action on a holiday schedule for December meetings. (Staff) Councilman Kelly moved to cancel the December 27, 2005 Council Meeting. Seconded by Councilman Campbell. For: All,Against: None. H. Consideration/Action to provide direction to staff regarding funding options for capital projects based on the potential results of the November 8,2005 bond election. (Sutton) Mayor Sutton presented briefing and council agreed to schedule a workshop at the November 22, 2005 City Council meeting. 10. Resolution A. Consideration/Action on a resolution to establish a 5-Year Capital Improvements Plan Advisory Committee to provide recommendations to the City Council regarding the long-term capital needs of the City.(Staff) Councilman Kelly moved to postpone to the next regular scheduled council meeting. Seconded by Councilman Campbell. For: All,Against: None. 11. Ordinance A. Consideration/Action on an ordinance to adopt the City of Cibolo Park Master Plan. (Parks and Recreation Commission) Councilman Kelly moved to adopt the City of Cibolo Park Master Plan. Seconded by Councilman Ramcharan. For: All,Against: None. 12. Executive Session Pursuant to LGC Section 551.071, Consultation with Attorney and Pending and contemplated Litigation 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 petitions filed with the city on October 27,2005 requesting the recall of the entire city council and the Mayor.(Kelly) B. Discussion regarding the status of the negotiations in the law suit styled The City of Santa Clara,Texas v.The City of Cibolo,Texas,Cause No 04-1715-CV,in the 25th Judicial District Court of Guadalupe County,Texas.(Staff) Council convened into executive session at 9:26 13. Open Session Council reconvened into open session at 10:12 P.M. Councilman Kelly moved to authorize the City Attorney to send a letter to the attorney for Santa Clara reminding Santa Clara that both cities approved the settlement and general map. If the Cibolo City Attorney does not receive Santa Clara's signatures on the approved settlement documents within the next fifteen(15)days of the date of the letter,the City Attorney is authorized to continue with the litigation and seek to hold Santa Clara's incorporation void. Seconded by Councilman Campbell. For: All,Against: None. 14. Staff Update Update to the following ongoing and planned projects: A. Borgfeld Road and Main Street Rehabilitation B. FM 78 4" Sanitary Sewer Force Main Construction C. Ordinance to Establish 25 MPH Speed Limits D. Council requests regarding specific future agenda items or staff reports. Councilman Kelly moved to move 14.A.B. &C. before item 12 and 13. Seconded by Councilwoman Hartman. For: All,Against: None. Rudy Klein,City Engineer,updated the City Council on item A and B. City Manager Todd Parton briefed council on item C and stated that he would have an ordinance coming at the next City Council Meeting. Item D. — Councilman Troncoso asked about the codification of all City ordinances. The City Manager stated that it had been approved and budgeted to be completed in this year's budget. Mayor Sutton recognized staff, Parks Commission and all those that work on the Cibolo Fest Committee. Councilman Ramcharan asks about an official recognition for those that work so hard to pull the festival off. Councilwoman Hartman stated that we have already started to work on next years Cibolo Fest. 15. Adjournment Councilman Kelly moved to adjourn at 10:15 P.M. Seconded by Councilman Troncoso. For: All,Against None. PASSED AND APPROVED THIS 22nd DAY OF NOVEMBER 2005. Jo y Sutton ayor ATTEST: Peggy Cimics City Secretary