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Min CC 02/22/2005 REGULAR CITY COUNCIL MEETING CIBOLO MUNICIPAL BUILDING 200 S.MAIN February 22,2005 7:00 P.M. MES UTES 1. Call to Order—Mayor Ruppert called the meeting to order at 2: Roll Call—All members of council were present. 3. Invocation—Councilman Campbell gave the invocation. 4. Pledge of Allegiance—Mayor Ruppert 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) Steve Liparado spoke concerning the receipt of a homeland security grant. Ben Jones spoke on item 14C. Wayne Crane spoke concerning the channelization project across his property. Provided pictures to council of his property and the fence line. Pete Wesp spoke on item 14C. 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 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 Joint City Council and Planning&Zoning Workshop on February 1,2005. (Tabled from the February 8,2005 meeting.) B. Approval of the Minutes of the City Council Meeting on February 8,2005. Councilman Campbell made the motion to approve the consent agenda items. Seconded by Councilman Troncoso. For: All,Against: None. 7. Executive Session: Pursuant to LGC Section 551.071, Consultation with Attorney and Pending and contemplated Litigation to discuss the following: Discussion on the City of Santa Clara incorporation of portions of the City of Cibolo ETJ without the approval of the City of Cibolo;update on litigation styled City of Santa Clara versus City of Cibolo,Cause No 04-1715- CV, in the 25t'Judicial District Court of Guadalupe County,Texas. Council went into executive session at 7:12 P.M. 8. Open Session Discussion/Action on the City of Santa Clara incorporation of portions of the City of Cibolo ETJ without the approval of the City of Cibolo;update on litigation styled City of Santa Clara versus City of Cibolo,Cause No 04-1715-CV, in the 25f'Judicial District Court of Guadalupe County,Texas. y Council reconvened at 7:38 P.M. Councilman Campbell made the motion to direct city attorney ............ Seconded by Councilman Sutton. For: All,Against:None 9. Discussion/Action(Special) Approval/Disapproval on the appeal of Kevin and Tivika Phillips water bill. Mr.Phillips briefed to council their concerns with their water bill. Councilman Sutton made the motion to table until staff can complete some research. Seconded by Councilwoman Hartman. For:All,Against:None. 10. Discussion/Action Builder Items) A. Approval of a Preliminary Plat for Buffalo Ridge,Unit 1. Planning and Zoning recommended approval. Council went over staff recommendation. Councilman Sutton made the motion to approve contingent on the staff recommendation. Seconded by Councilwoman Gray. For: All,Against:None. B. Approval of a Preliminary Plat for Aqua Vista,Unit 1. Planning and Zoning recommended approval. Council went over staff recommendation. Councilman Sutton made the motion to approve contingent on staff recommendations,changing the street names and verifying the commercial depth. Seconded by Councilman Campbell. For:All,Against:None. C. Approval of a Preliminary Plat for Willowbridge II,Unit 3. Council went over staff recommendation. Councilwoman Gray made the motion to approve contingent on staff recommendation. Seconded by Councilman Campbell. For:All,Against:None. D. Approval/Disapproval only to continue with Final Plat/Construction(site plans)with final approval to present to council after site/infrastructure is accomplished at a point to solidify a final for Falcon Ridge,Unit 9. Council went over staff recommendation. Drainage was also discussed in great detail. Councilman Campbell made the motion to approve contingent on working with staff on their recommendations. Seconded by Councilwoman Hartman. 11. Discussion Only Builder Item) Discussion on the pre-development Concept for Bentwood Ranch Subdivision. Council went over the pre-development concept with John Moi,engineer for Bentwood Ranch Subdivision. 12. Discussion/Action(General) A. Approval/Disapproval of the removal of Planning and Zoning Commissioner Kenneth Kremenak. PZ Chairman,Ray Thomas, spoke concerning the removal of Planning and Zoning commissioner Kenneth Kremenak and what the charter says. There was discussion about the resignation of Commissioner Kenneth Kremenak due to missing of meetings. Councilwoman Gray made the motion to pull item from the agenda. Seconded by Councilman Sutton. For: All,Against:None. B. Approval/Disapproval of a replacement of Kenneth Kremenak on the Planning and Zoning Commission. There was discussion about the different applicants. Councilman Sutton made the motion to table item. There was no second. Ricky Boring was appointed as a member to the Planning and Zoning by a vote of 3 to 1 to 1. C. Approval/Disapproval of having two alternates for the Planning and Zoning Commission. There was discussion concerning what the ordinance and charter say about having alternates. Councilman Sutton made the motion to pull item from the agenda. Seconded by Councilman Campbell. For:All,Against: None. D.Approval/Disapproval on a Professional Services Agreement for Real Estate Acquisition Services with HRM Consultants. Council discussed different options with an agreement with ERM Consultants. Councilman Troncoso made the motion to approve the agreement for Real Estate Acquisition Services with HRM Consultants. Seconded by Councilwoman Hartman. For:All,Against:None. E. Approval/Disapproval on work authorization for Right-of-way Acquisition between FM 1103 and Borgfeld Road with HRM Consultants. Councilman Sutton made the motion to approve the work authorization for right-of-way Agreement between FM1103 and Borgfeld Road with HRM Consultants. Seconded by Councilwoman Hartman. For:All,Against: None. F. Approval/Disapproval of the drainage priority project list. Rudy Klein went over different projects within the city,looking for council direction on some projects. Gave council briefing on different projects. Councilman Troncoso made the motion to table item till next meeting. Seconded by Councilwoman Gray. For:All,Against:None. G. Approval//Disapproval of the budget report for the lst Quarter of FY2005. There was discussion on future budget adjustments. Councilman Sutton made the motion to approve the budget report for the 1St Quarter of FY2005. Seconded by Councilwoman Gray. For: All,Against:None. H. Approval/Disapproval of a reimbursement agreement for a regional water line construction project by the participation in the Regional Water Line Construction. Chad Kerry spoke to council concerning that they did not receive in time to review attorney. Councilman Sutton made the motion to table till the next meeting. Seconded by Councilwoman Hartman. For:All,Against:None. I. Approval/Disapproval of directing staff to begin the RFP for depository service to begin in April 2005. Councilman Sutton made the motion to direct staff to begin the RFP for depository service. Seconded by Councilman Troncoso. For:All,Against:None. J. Approval/Disapproval of the R-2 Zoning for a tract of land being 17.875 acres of land out of the Trinidad Garcia S Survey No. 94,Abstract No. 137,Guadalupe County,Texas,and being out of and a part of a 20.000 acre tract as conveyed by Warranty Deed from Shelby J.Harris,Trustee to Jake R.Wells,Jr. and wife Nancy C.Wells, and executed on June 15, 1976 and recorded in Volume 519,Pages 264-267 of the Deed Records of Guadalupe County,Texas.(Mr.Jake Wells Property generally located at East Side of Town Creek and about approximately 1000 feet south of Green Valley Road) Council discussed the tract of land and their requested zoning. Planning and Zoning recommended zoning this property R-2. Councilman Sutton made the motion to accept Planning Zoning recommendation of approval for R-2 zoning. Seconded by Councilman Troncoso. 13. Ordinances Approval/Disapproval of an Ordinance for the R-2 Zoning for newly annexed tract of land being 17.875 acres of land out of the Trinidad Garcia Survey No. 94,Abstract No. 137,Guadalupe County,Texas,and being out of and a part of a 20.000 acre tract as conveyed by Warranty Deed from Shelby J.Harris,Trustee to Jake R.Wells, Jr. and wife Nancy C.Wells,and executed on June 15, 1976 and recorded in Volume 519,Pages 264-267 of the Deed Records of Guadalupe County,Texas. (Mr.Jake Wells Property generally located at East Side of Town Creek and about approximately 1000 feet south of Green Valley Road) Councilman Campbell made the motion to approve the ordinance. Seconded by Councilwoman Hartman. For: All,Against:None. 14. Discussion Only A. Discussion on different section of the City Charter. Councilwoman pulled item for another meeting due to time. B. Discussion on the ethics policy. Council went over the proposed ethics policy. C. Discussion on the draft development standards. Ben Jones asked about the development standards and how they would effect their church their going to build. Councilman Sutton abstained for the part of the discussion in regards to the church.Todd Parton went over the different points of the draft development standards. Planning and Zoning has scheduled a workshop on March 1 S` from 6:30 to 8:00 P.M. D.Discussion on the option for the old Police Department building, 107 S.Main. Councilman Sutton stated that he was against it becoming a animal control. There was discussion about selling or renting it out. There was also talk about tearing it down and turning it into a parking lot. 15. Resolution Approval/Disapproval of a resolution establishing a policy permitting the consideration of application for city depository from banks,credit unions, or savings associations not doing business in the city and a determination that it is in the best interest of the city and its citizens to establish a depository that do not do business within the municipality. Councilman Campbell made the motion to approve the resolution with changes. Seconded by Councilwoman Hartman. For: All,Against:None. 16. Comments A. City Staff Bud Dailey gave an update on all the new building. Talked about the changes in the platting process. Todd Parton gave update from Espey from the water grant application. Talked about the Town Creek project has been started. Spoke about the entry way at Woodstone Subdivision. Met with Superintendent of the school to discuss different options on the school crossing guards. Heard from Green Valley concerning the billing,they are pulling out all options of entering into agreement. B. Commissioners-None C. City Council Councilwoman Gray mentioned about why she wanted to talk about the charter. Councilman Sutton spoke about Wayne Crane and the drainage project.Also spoke about the zoning process that was approved tonight. D. Mayor-None 17. Adjournment Councilman Campbell made the motion to adjourn at 12:15 A.M. Seconded by Councilman Troncoso. For:All,Against: None. PASSED AND APPROVED THIS DAY OF MARCH 2005. Charles Ruppert Mayor AT Y ri"ffm C Secretary