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Min CC 06/22/2004 41. REGULAR CITY COUNCIL MEETING CIBOLO MUNICIPAL BUILDING 109 S.MAIN June 22,2004 7:00 P.M. MINUTES 1. Call to Order-Mayor Ruppert called the meeting to order at 7:01 P.M. 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) There were several citizens to be heard that will speak during item 9 and 10. 6. Consent Agenda-Consent 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 Regular City Council on May 25,2004. B. Approval of the releasing bond on Lantana Unit 1 ($96,463.00)and Unit 2($21,764.00). C. Approval of release of Construction Bond($5,000.00)for 106 Sunflower. Councilwoman Gray made the motion to approve the consent agenda items B and C. Seconded by Councilman Campbell. For: All,Against:None.Councilman Sutton requested item to be postponed. Councilwoman Gray made the motion to postpone to later. Seconded by Councilman Campbell. For:All,Against:None. Councilman Sutton made the motion to table the minutes. Seconded by Councilman Campbell. For:All,Against:None. 7. Consent Agenda—Builder Items A. Approval of Masterplan for Buffalo Ridge. (Planning and Zoning recommended approval) B. Approval of Preliminary Plat for Falcon Ridge,Unit 9. (Planning and Zoning recommended approval) Councilman Campbell made the motion to pull items from consent agenda.Seconded by Councilman Troncoso. For:All, Against:None. Councilman Sutton asked about if Falcon Ridge is affected by the building moratorium. Councilwoman Gray asked about the Masterplan for Buffalo Ridge asked why the Santa Clara city limits sign indicates this area to be in the city of Santa Clara. Has rear building set back been changed to 15 feet per P&Z recommendation? Councilman Sutton made the motion to approve the consent agenda items to include Planning and Zoning recommendation. Seconded by Councilwoman Hartman. For:All,Against: None. 8. Resolution Approval/Disapproval of a resolution supporting the adoption of the Home Rule Charter Councilman Sutton made the motion to approve the resolution supporting the adoption of the Home Rule Charter. Seconded by Councilwoman Hartman. For:All,Against:None. 9. Presentation Presentation by City Engineer,Rudy Klein,concerning present/future drainage improvements to watersheds. Mark Winn(Citizen to be Heard)presented to council a petition signed by 89 residents of Deer Creek Subdivision. Spoke concerning the flooding from last week's rain. This caused damage to the Deer Creek area. There were a couple of house that flooded in Deer Creek. Provided council with a map of this area with highlighted areas. Wayne Crain(Citizen to be Heard)showed pictures to council concerning his property and Mr.Johnson. Was told that Charleston Parke,Unit 2 was not going to proceed with building until the drainage was addressed. Is currently working with an attorney to seek damages. Would like this situation to get taken care of. Councilwoman Gray made the motion to postpone item 9 and l0A till Rudy Klein arrives. Seconded by Councilman Troncoso. For:All,Against:None. Rudy Klein briefed the council on the drainage situation after the June 9 rains. Went out the day after with the mayor to look at all the problem areas. Some,but not all,areas looked at were Bentwood Ranch,Falcon Ridge,and Rio Vista in Deer Creek. Briefed council on some recommended solution for all areas in the city. The council went out for bids for some re-channeling of the Dietz Creek channel. Terry Sanders(Citizen to be Heard)spoke to council concerning about the east Dietz creek,which runs behind his home did not stay in its banks. It flooded his yard and his neighbors;it was also above his foundation line. Asked council to review the proposal for this project. Robert/Donna Johnson(Citizen to be Heard)-Talked to council about how close the water came to their home,and their back yard is a lake. During the 98 flood the water did not affect them at all but 6 inch's of water did. Irene Harris(Citizen to be Heard)stated that ditch behind her house is filling up and backing up to the street and causing problems. During this last rain the entire road was covered and started to enter her garage. Would like to see a straight concrete run-off. Rudy Klein also brought up the point of having a retention pond policy or and impact fee to help with these problems. Councilwoman Gray asked Rudy Klein if he calculated the additional runoff coming from the new Wal-mart in Schertz and if he calculated it in his drainage plans for the city. 10. Discussion/Action A. Approval/Disapproval of awarding bids on Drainage Improvements Project. Rudy Klein stated that there was one bid and it was opened at city hall today at 2:00 P.M. The contract was ASC Paving in the amount of$393,675.00,the original estimate was $418,000.00. Councilman Sutton made a statement that compared the rain that was received during the flood(inch an hour)and the rain received on June 9th(7 inches in 1 1/2 hours). Councilwoman Gray made the motion to award the bid to ASC Paving in the amount of$393,675.00. Seconded by Councilwoman Hartman. For:All,Against;None. B. Approval/Disapproval of nominating/appointments of commissioners to the Planning and Zoning. (Positions available are 2, 4 and 6) Mayor Ruppert stated that only Annette Hernandez and Tony Krasni would like to be reappointed. The other position availabe is Carolyn Tauzin. There are three other applicants. There was discussion concerning filling all the spots on the commission. Councilman Sutton made the-nominate Laura Lara to fill position. For:All. Councilman Campbell recommended Annette Hernandez. For:All,with the exception of Councilman Sutton. Councilwoman Gray recommended Tony Krasni. For:All. The C. Approval/Disapproval of calling for an Election on September 11,2004 for the proposed City Charter. Mayor Ruppert read the Order of Election. Councilman Campbell asked why we weren't using the November date versus the September Election. Councilman Sutton made the motion to approve the Order of Election. Seconded by Councilman Campbell. For:All,Against:None. D. Approval/Disapproval of variance on the side and front building setback for 143 Sioux Circle as house currently exist. (Plat recorded 8-12-82) Mayor Ruppert explained the situation about this house being surveyed back in 1982 and currently. The owner is currently trying to sell this house. This should have been caught 22 years ago but was not. Councilman Troncoso made the motion to approve the variance on the side and front building setback for 143 Sioux Circle as exist with no post variance cost. Seconded by Councilman Sutton. For:All,Against:None. E. Approval/Disapproval on the proposed Guadalupe County Emergency Service District#2 letter from County Judge Schraub and the response letter for Mayor's signature. Scott Robinson spoke to council concerning the letter for the support of the Guadalupe County Emergency Service District#2. Stated that this is the official request and the council has 60 days to reply. This allows the citizens to decide if there will.be al Guadalupe County Emergency Service District#2. There was discussion concerning where the service district is. Councilman -Sutton stated that he has studied this a lot. Councilman Sutton made the motion to approve the letter including Cibolo in the proposed ESD for the election. Seconded by Councilman Campbell. For:All,Against:None. F. Approval/Disapproval of hiring a City Manager in anticipation of the Home Rule Charter being adopted at the September 11, 2004,election. Mayor Ruppert stated that the new charter would create the position of City Manager. Councilman Sutton stated that we need to start looking for someone now so the position has someone in it. There was discussion concerning getting a City Manager as soon as possible. The ad would state that the position would be available upon the charter being approved. Councilman Sutton made the motion to approve the hiring of a City Manger in anticipation of the Home Rule Charter being adopted at the September 11,2004,election. Seconded by Councilman Campbell. For:All,Against:None. 11. Executive Session Pursuant to section 551.074,Personnel Matters of Texas Local Government Code,the City Council will discuss medical leave/benefits for City Administrator Chuck Balcar. Council went into executive session at 8:13 P.M. 12. Open Session Discussion/Action on medical leave/benefits for City Administrator for Chuck Balcar. Council reconvened 9:01 P.M. Councilman Sutton made the motion to extend medical benefits as allowed by cobra regulations to Chuck Balcar in the event of his employment terminated by the City or himself. Seconded by Councilman Campbell. For:All,Against:None. Council went back to item 9 and 10A. 13. Comments A. City Staff - Ed Beasley stated that the inspections are still increasing. B. City Council - Councilwoman Hartman thanked Ed Beasley for taken care of a road issue. Councilman Sutton stated that Rudy Klein look into TCEQ concerning the runoff problems. Stated that several items on the priorities were scored low that were considered hot topics. Councilman Troncoso stated that he attended the AACOG workshop and stated it was informative. Councilwoman Gray made a comment about the Deer Creek Park and having a ceremony when it does officially open. Made comments about getting more staff for all the mowing and maintenance of drainage ditches and parklands. C. Mayor-None 14. Adjournment Councilman Campbell made the motion to adjourn at 9:57 P.M. Seconded by Councilman Sutton. For:All,Against: None. PASSED AND APPROVED THIS 13TH DAY OF JULY 2004. a4mrl Charles Ruppert Mayor ATTEST: 44,kM ohne Griffin i Secretary