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Min CC 02/24/2004 r , REGULAR CITY COUNCIL MEETING CIBOLO MUNICIPAL BUILDING 109 S.MAIN February 24,2004 7:00 P.M. MINUTES 1. Call to Order-Mayor-Ruppert called the meeting to order at 7:02 P.M. 2. Roll Call-All members of council were present. 3. Invocation-Councilman O'Brien gave the invocation. 4. Pledge of Allegiance-Mayor Ruppert led the Pledge of Allegiance. S. 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 presented issue,nor may any action be taken on any issue at this time. (Attorney General Opinion—JC-0169) (Limit of three minutes each) Nathan Gray-Spoke on item 13. Ray Martinez-Grand Opening at Lantana.Subdivision,gave invitation to the council. Thanked for all the support. Lewis Borgfeld-Stated that he has concerns on the tree and landscape ordinance. Does not believe that the city should have the right to dictate what trees and landscape that landowners should have. Also has a concern about developers planting trees due to future problems. Donna Johnson-Concerned about the drainage on her property,on Towncreek, especially when the new subdivision goes in. Chuck Balcar stated that the project is due to start at the beginning of March. 6. Presentation A. Presentation by GVEC General Manger Darren Schauer for Franchise Tax Payment. Darren Schauer presented the franchise fee check to the council in the amount of$ 62,924.22. This is an increase of over$12,000. Thanked the city for their working in cooperation with them. B. Presentation of a Certificate of Commendation by the National Society Sons of the American Revolution. The Sons of America presented a Certificate of Commendation to Mayor Ruppert. 7. 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 February 10,2004, City Council Public Hearing Minutes. B. Approval of February 10, 2004,Regular City Council Minutes. C. Approval of the 1'quarter financial/investment reports. D. Approval of appointing Christine Budmk to the Parks and Recreation Commission. E. Approval of acceptance of wastewater and drainage easements connecting the GreenBrook Subdivision& Deer Creek Subdivision. F. Acceptance of two drainage easements of commercial property owned by FM 3009 adjacent to the Deer Creek Subdivision and the Municipal Deer Creek Park. G. Approval of hiring Thomas Curd for the position of Patrolman. Councilwoman Gray made the motion to approve the consent agenda items A, B,D and G. Seconded by Councilman. Williams. For:All,Against:None. Councilman Sutton made the motion to table item 7C till the next meeting. Seconded by Councilwoman Gray. For:All,Against:None. Chuck Balcar went over items E and F with the council. Stating that the building had to stop until the easements were obtained for this drainage. There was discussion among council members concerning the drainage easements. Larry Aiken stated that this is water/sewer easement for Charleston Parke and Greenbrook. Councilman Sutton made the motion to approve consent agenda items E and F. Seconded by Councilman Campbell. For:All,Against;None. 8. Consent Agenda—Builder Items A.Approval of the Preliminary Plat for Gatewood Subdivision(Swanson 90). B.Approval of the Final subdivision plat for Cibolo Village Subdivision. Councilwoman Gray pulled item A from the consent agenda item. Councilman O'Brien made the motion to approve the consent agenda item B. Seconded by Councilman Gray. For: All,Against:None. Councilwoman Gray stated that Swanson'90 does not meet the masterplan which calls for commercial in this area. There was discussion concerning the masterplan and impact fee study. Impact fees also were discussed,this subdivision will not be paying road impact fees. There was discussion concerning the setback requirements for FM 1103,and trying to avoid the great wall of Schertz. Councilman Sutton made the motion to approve the Preliminary Plat for Gatewood Subdivision(Swanson 90). Seconded by Councilman Campbell. For:All with the exception of Councilwoman Gray who voted against. 9. Discussion/Action(Builder/Development) A. Approval/Disapproval of the R-3 zoning of a said tract of land being a 23.60 acre tract of land, situated in Guadalupe County,Texas,and out of the Jeronimo Leal Survey No. 85,Abstract No. 210,and being out of a tract of land described as 41.0 acres and recorded in Volume 700,Page 981 of the Deed Records of Guadalupe County, Texas. (Ms.Rhew Property) There was discussion concerning zoning this property C-1 Commercial rather than R-3. Councilman Sutton made the motion to approve the R-3 zoning with the front 150 acres remaining C-1 Commercial. Seconded by Councilwoman Gray. For:All,Against: None. B. Approval of a variance request from the Subdivision Ordinance#509,Design Standards, Sec.H. Horizontal Design Requirements,regarding the maximum speed limitation portions of Cibolo Valley Drive Chuck Balcar stated that this is the one that goes into Deer Crest from Greenbrook. This is to reduce the speed limit from 40 mph to 35 mph. Councilman OBrien made the motion to approve the variance request. Seconded by Councilwoman Gray. For:All,Against:None. C Approval of the Master Plan for Saddle Creek Ranch. Planning and Zoning recommended approval. Does include a 2.3 acre park also a flood plain that could be turned into another park. Drainage was also discussed. Councilman O'Brien made the motion to approve the Master Plan for Saddle Creek Ranch. Seconded by Councilman Campbell. For:All,Against:None. D Approval of the Master Plan for Cibolo Vista Subdivision. This area is currently not located in the city,but is in the process of getting annexed and at a later date there will be another request for 15 acres,currently waiting on the land owners to complete the sell. Councilman O'Brien made the motion to approve the Master plan for Cibolo Vista Subdivision. Seconded by Councilman Sutton. For: All,Against: None. .110'Resolutions Approval/Disapproval of a resolution lifting the burn ban. Lee Perry stated that the county has lifted the burn ban,but recommended not lifting it in the city. The land is still to dry to burn. Councilman OBrien made the motion to disapprove the resolution lifting the bum ban. Seconded by Councilman Williams. For:All with the exception of Councilman Sutton who abstained. 11. Discussion/Action(General) A. Nomination of citizens to a City Charter Committee and determination of a calendar for such meetings and establishment of meeting times for charter workshops. The council discussed how the first meeting should be started,and how the list would be composed. Councilman O'Brien made the motion to table to the end of the meeting. Seconded by Councilman Campbell. For:All, Against: none The discussion continued after item 13. Mayor Ruppert went over the list and stated that not all subdivisions have been covered. Councilman OBrien made the motion to nominate the top members to the committee by phoning to verifying their membership. Seconded by Council . For:All,Against: None. B. Approval/Disapproval of funding a new master plan and request for qualifications for service. Councilwoman Gray stated that she thought that it was time for the city to get a new masterplan. This is needs to be completed now and not wait to get a grant which could take at least another year. This would have an estimated cost of$40,000. Chuck Balcar went over the process of how a planner would be picked for completing the city's masterplan. Councilman O'Brien made the motion to approve the new masterplan. Seconded by Councilwoman Gray. For:All,Against:None. C. Approval/Disapproval of rescinding the variance request for Luther Reus to move a manufactured home to FM78 East,due to failure to comply with requirement of variance request. Councilman Sutton made the motion to approve the rescinding the variance. Seconded by Councilwoman Gray. For:All,Against:None. D. Approval/Disapproval of a interlocal agreement between the City of Cibolo and City of Schertz for waste water collection. Chuck Balcar stated that Lantana would be added to the agreement,which we already have with Springtree. Councilman O'Brien made the motion to approve the interlocal agreement. Seconded by Councilman Campbell. For:All,Against:None. E. Approval/Disapproval for advertising for bids for exchange of approximately 5 acres of city owned land on Green Valley Road adjacent to the Springtree Subdivision. Chuck Balcar stated that Susan Rocha stated this is the way it needs to be completed,City of Schertz has already completed this process. Councilman Campbell made the motion to approve the advertising for bids. Seconded by Councilwoman Gray. For:All,Against:None. F. Approval/Disapproval of amended land use assumption and Capital Improvement Plan and the Adoption of Amended Impact Fees. The drainage and street impact went up and the water and wastewater went down. The drainage went up do to the concrete. Chuck Balcar also went over what the different sections of the plan was. Councilman O'Brien made the motion to approve the amended land use assumption and Capital Improvement Plan and the Adoption of Amended Impact Fees. Seconded by Councilman Campbell. For:All,Against:None. G. Approval/Disapproval of having an earlier council meeting on March 9,2004 due to presidential primary election and precinct caucuses starting at 7:00 P.M. Councilwoman Gray made the motion to approve the earlier time of 6:00 P.M. Seconded by Councilman Campbell. For:All,Against:None. H. Approval/Disapproval of settlement of final bill with Ella Construction for waterline and sewer line along FM 1103. Rudy Klein went over the contract and the agreement with Ella Construction,also the meetings he has held with them. Talked about the testing that was completed by Ella Construction. There was never any discussion about he problems they were having until the mandate test did not pass. Ella is wanting the city to pay for additional test that the city did not authorize. The contract was due to be completed on August 24,2003. Failure to complete contract on time is at a cost of$250 per day. Chuck Balcar stated that he believes that the damages should be spilt with Randy Dym on Cibolo Valley Ranch, due to them holding their bulding for four months due to the contractor. Councilman Sutton made the motion to direct city staff to send a letter to Ella seeking damages. Seconded by Councilman Williams. For: All,Against:None. 12. Ordinance A.Approval/Disapproval of an ordinance amending the land use assumption and Capital Improvement Plan and the Adoption of Amended Impact Fees. Councilman Campbell made the motion to approve the ordinance amending the land use assumption and Capital Improvement Plan and the Adoption of Amended Impact Fees. Seconded by Councilman Williams. For: All, Against:None. B. Ratifying in final form the Landscape and Tree Preservation Ordinance approved at the City Council meeting on January 27,2004. Councilman O'Brien stated that he spoke with some of the developers concerning this ordinance. There was a question concerning the number of trees on each lot. Norman Duggas made comments about the different types of trees. Stated that there were many contradictions in this document,and hoped that the council would not pass in this format. Also commented on different sections of the ordinance with council. Councilman Campbell made the motion to table the ordinance for the Landscape and Tree Preservation Ordinance. Seconded by Councilman Williams. For:All,Against:None. 13. Discussion Discussion on vision for the City of Cibolo. Nathan Gray went over a plan that would impact the vision and how it would effect the city. One idea would to put a sidewalk from old down town to the new high school. Could possible get other services to pay for these projects. Drainage being a problem for the city maybe the development of a retention pond with maybe a park around this area. This would help with the tying in of the old part of Cibolo with the new. Stated that the city really needs to come up with a vision for the city. 14. Comments A. City Staff Mark Riffe-stated that there is a car that is being sold by silent auction,deadline 5:00 P.M. tommorrow. Also the two new patrol cars are in and the stripping is done in reflective. B. City Council Councilman O'Brien stated that we need to get a lift station or something on main street. C. Mayor-None. :15 a-fdjournment Councilman Campbell made the motion to adjourn at 10:36 P.M. Seconded by Councilman O'Brien. For:All,Against: None. PASSED AND APPROVED THIS 9TH DAY OF MARCH 2004. W41ir Charles Ruppert Mayor jATTEST: twiueriffin JA Secretary