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Min CC 01/13/2004 1 REGULAR CITY COUNCIL MEETING CIBOLO MUNICIPAL BUILDING 109 S.MAIN January 13,2004 7:00 P.M. MINUTES 1. Call to Order Mayor Ruppert called the meeting to order 7:00 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. 5. Citizens to be Heard(limit of three minutes each) Ray Jones-Lives on Towncreek Road. Stated that he wanted to let council know about his flooding problem because of the development on the Orth Tract. Stated that he has spoken to Larry Aiken,who stated that it is the city's responsibility and not his. Has a bill for bulldozer work over$5,000 because of the flooding. Wants the city to do something that it has promised to do on two different occasions. Keith Gilbreath spoke during items 8A and 12C. Wayne Crane-Lives by Ray Jones and his concern is the amount of land erosion over the past year that he has owned this property. Peter Creviston- Spoke on 10I. Deanna Samson-Concerned about the machines,used by Continental Homes,working behind Ozuna Drive. Stated that she was concerned about her pipes and house due to the vibrator the equipment is causing. Bob Catalano-Stated that he is concerned about what he read in the paper concerning low income housing be located next to the new municipal building. He has investment a lot of money into the downtown area and is concerned about keeping downtown a quiet place. 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 December 9,2003,Regular City Council Minutes. B. Approval of December 18, 2003, Special City Council Minutes. C. Approval of January 5,2004, Special City Council Minutes. D. Approval of Hiring of Richard McDaniel by the Cibolo Police Department. E. Approval of check register for December 2003. F. Acceptance of resignation from Suzi Rogers,Parks Commission. G. Approval of revalidating the Investment Policy. (Annual Requirement) H. Approval of performance bond of$25,840.87 for completion of Cibolo Valley Ranch,Unit 2. I. Approval of performance guarantee letter of$21,764.00 for completion of Lantana,Unit 2. Councilman Campbell made the motion to approve the consent agenda items. Seconded by Councilman Williams. For All,Against:None. 7. Consent Agenda—Consent Items A. Approval/Disapproval of variance request from KB Homes,Cibolo Valley Ranch,Unit 1 for a temporary sales trailer located at 144 Longhorn Way,Lot 1 Block 2. B. Approval/Disapproval of variance request from Pulte Homes,Greenbrook Subdivision for a sales trailer located on Lot 8 Block 1. C. Approval/Disapproval of variance request from Wilshire Homes,Charleston Parke I Subdivision for a temporary construction trailer on Lot 29. D.Approval/Disapproval of a variance request from Weekley Homes LP,Buffalo Crossing Subdivision for a temporary construction office on Lot 1 Block B. E. Approval/Disapproval of a variance request from Weekley Homes LP,Buffalo Crossing Subdivision for a temporary sales trailer. Councilman Sutton made the motion to approve the consent agenda items contingent upon a 12 month or 90%completion which ever comes first on the construction trailers. Seconded by Councilman William. For:All,Against: None. 8. Ordinance A. Approval/Disapproval of sexual harassment ordinance. Keith Gilbreath asked if it is a policy or an ordinance. Chuck Balcar stated a policy can be approved as a ordinance which makes it official. Councilman O'Brien stated that it needs a statement that's states about communicating about if it is offensive. There was discussion concerning Councilman O'Brien concerns. Councilman Sutton made the motion to approve the sexual harassment ordinance as presentedcorrected by Susan Rocha Office. Seconded by Councilman Williams. For: All,Against: None. B. Approval/Disapproval of ordinance authorizing an agreement between the City of Cibolo and Green Valley Special Utility District for collection of past due utility bills and disconnection of service. Councilman Sutton asked Chuck Balcar to clarify the lien on a property. There was discussion concerning the city can not disconnect the water due to it belongs to Green Valley. Councilman O'Brien made the motion to approve the ordinance authorizing an agreement between the City of Cibolo and Green Valley Special Utility District for collection of past due utility bills and disconnection of service. Seconded by Councilwoman Gray. For: All,Against:None. C. Approval/Disapproval of ordinance authorizing the city to place a lien against a utility customer's property for delinquent bills for Municipal Utility Service. Councilman Sutton asked Chuck Balcar to clarify the lien on a property. Councilman Williams made motion to approve the ordinance authorizing the city to place a lien against a utility customer's property for delinquent bills for Municipal Utility Service. Seconded by Councilman Campbell. For:All,Against: None. 9.,Resolution Approval/Disapproval of a resolution to call for a Public Hearing for Ms Eva Hecox request for rezoning from R-2 to C-1 of a.69 acres of land in Guadalupe County,Texas,out of the A.S.Lewis Survey 78, Abstract 216,being comprised of a portion of a 1 acre tract described in conveyance from Henry Remmler and wife,Katie Remmler to Alvin Remmler of record in Volume 235,Page 620-621,Deed Records of Guadalupe County,Texas and a portion of a 0.685 acre tract described in conveyance from Henry Remmler to Alvin Remmler of record in Volume 369,Page 541,Deed Records of Guadalupe County,Texas. Said 1 acre tract and 0.685 acre tract both being a portion of a 31.6 acre tract of record in Volume 718,Page 180- 183,Deed Records of Guadalupe County,Texas. (Public Hearings January 27,2004 with City Council and February 10,2004 with City Council and Planning&Zoning.) Mayor Ruppert read the above caption. Chuck Balcar stated that this property is located at Rhea Street and Pfeil road. Councilman O'Brien made the motion to approve the resolution. Seconded by Councilman Campbell. For: All,Against: None. 10. Discussion/Action(General) A. Approval/Disapproval of provision in Zoning Ordinance,for sales/building trailers permits fees for failure to get permit,also deletion of variance for sales/building trailers. Ed Beasley stated that this ordinance just clarifies what is already in the ordinance. Chuck Balcar stated that this is being as an ordinance but could be just correction to the zoning ordinance. Councilwoman Gray asked about what happens if the trailers are placed before a permit is obtained. Ed Beasley stated that the permit would be doubled. Councilman O'Brien made the motion to approve of provision in Zoning Ordinance,for sales/building trailers permits fees for failure to get permit, also deletion of variance for sales/building trailers. Seconded by Councilman Campbell. For: All,Against:None. B. Approval/Disapproval of updating subdivision ordinance,page 14,final plat#7,Guarantee of Improvements to the City. Need to delete"subdivision to grant lien upon the property". Also page 17 "Performance Bond to be brought in prior to final plat approval". Chuck Balcar stated that he had reviewed this section with Susan Gray and the City does not accept liens upon the property in place of a performance bond. Councilwoman Gray made the motion to approve updating the subdivision ordinance with changes to be made by Chuck Balcar. Seconded by Councilman O'Brien. For:All,Against:None. C. Approval/Disapproval of Municipal Attorney opinion of Interlocal Agreement with Guadalupe County concerning annexation and repairs along Dietz Road. The council went over the document provided by the attorney's opinion. The county cannot petition for the city to annex the road. Chuck Balcar stated that if the city decides to take in Dietz Road then it should take in up to the fence lines. Due to animal control and basic weed/grass maintenance. There was discussion concerning the previous council meeting items. Councilman Sutton stated that the county and the school district is giving part for the project. Councilman Sutton made the motion to approve the interlocal agreement contingent upon changing Deer Creek to Deer Meadow,as approved by the City Attorney. Seconded by Councilman Campbell. For:All except councilman O'Brien who abstained. D. Approval/Disapproval of appointment of Lisa J.Voigt as an alternate Municipal Judge for the City of Cibolo. Councilman O'Brien made the motion to approve the motion to appoint Lisa J.Voigt as an alternate Municipal Judge. Seconded by Councilman Campbell. For:All,Against:None. E. Approval/Disapproval of the review of strategies to obtain additional water rights for future growth and possible referral to Planning&Zoning Commission for their study. Councilman O'Brien made the motion to approve the referral to Planning and Zoning Commission for their study. Seconded by Councilman Campbell. For: All,Against: None. F. Approval/Disapproval concerning the review of bids and the award of a contract for restroom for Deer Creek Park. Rudy Klein stated that the bids on the Parking Lot and Hiking Trail were Ace Concrete$76,553.50 and ASC Paving for$84,999.32. The Restroom bids came in at Ace Concrete$56,745.66 and ASC Construction$72,870. The high cost is due to the sewer line. Chuck Balcar asked if the public works workers could complete this project. Rudy Klein stated that this could be done. There was discussion among council members of the different projects and cost. Councilman Sutton made the motion to enter into negotiation with ASC Concrete with the sewer being completed by public works. Seconded by Councilman Williams. For:All,Against:None. G. Approval/Disapproval concerning the review of bids and the award of a contract for parking lot and walking path improvements to begin construction in Deer Creek Park. Councilman O'Brien made the motion to enter into negotiation with ASC concrete. Seconded by Councilman Campbell. For:All,Against:None. H.Approval/Disapproval concerning the review of bids and the award of a contract for the construction of a new municipal building for the City of Cibolo. Rudy Klein stated that he was comfortable and meets all qualifications with the Struthoff Company for the contracting of the Cibolo's Municipal Building. Also everything was administrative met, if reply to Councilman Sutton's question. Councilman Campbell made the to approve the awarding of the contract to Struthoff Company. Seconded by Councilman Williams. For:All with the exception of Councilman Sutton abstaining. I. Approval/Disapproval concerning the review of bid and the award of a contract for Dietz Road Sidewalk Construction Project. Chuck Balcar stated that Gordon Woods would put some money in to help defray the cost of this project. Emerson came in with the low bid at$46,975.00. Peter Creviston stated that he would like the city to expedite this project due to the safety of the children. Councilman Sutton made the motion to award the contract to Jimerson underground for Dietz Road Sidewalk Construction Project. Seconded by Councilman Williams.For:All,Against:None. 11. Discussion/Action(Builder/Development) A. Approval/Disapproval of Falcon Ridge Unit 6,Amending Preliminary/Final Plat. Chuck Balcar stated that Ed Beasley has found an error and Sam Bledsoe has it corrected in the Amending Plat. Also went over the plat with council. Planning and Zoning recommended approval contingent upon Rudy Klein review. Councilman O'Brien made the motion to approve. Seconded by Councilman Williams. For: All,Against:None. B. Approval/Disapproval of Cibolo Valley Ranch Unit 8,Preliminary Plat. Kerry Koehler the Engineer briefed the council on Cibolo Valley Ranch Unit 8. There was discussion concerning the sewer line being under the street. Councilwoman asked about FM 1103 becoming a four lane highway. Chuck Balcar stated that there would be plenty of right-of-way but the state does not have the funds for this project at this time. Councilman O'Brien made the motion to approve Cibolo Valley Ranch Unit 8,Preliminary Plat. Seconded by Councilman Williams. For: All,Against: None. 12. Discussion Only A. Discussion on changing the`Fee in Lieu of Park Dedication"from$200 to$400. Chuck Balcar stated that he and Gary Kelly have been doing some research on this. Gary Kelly stated that the current document is ten years old and the property is worth a lot more now. Council stated that they would like to see this completed as an ordinance and brought back for approval. B. Discussion concerning the adoption of a naming policy for future city parks. Councilman O'Brien stated that this is good but it needs to expanded onto other municipal buildings. Councilman Sutton stated that he would like to see the school districts policy to get some public opinion on the city's policy. There was also discussion concerning buying naming rights. C. Discussion concerning the draft of tree/landscape ordinance. Councilman O'Brien stated that there were grammatical errors,also concerned about R-1 and R-2 having the same requirements. The council went over each section of the proposed ordinance. Ed Beasley provided a copy of a ordinance from another city. Councilman Sutton stated that he would submit the changes to Councilwoman Gray. Keith Gilbreath was not available to speak which he had signed up for. D. Discussion on hiring water/sewer superintendent. Chuck Balcar stated that this position was approved in the October 03 Budget. Stated that he has one internal application which is qualified. Wants to know if the council still wants him to go out to the public or just interview him for the position. Councilman O'Brien stated that he thought he should be interviewed and if he is qualified then he should be hired. Councilman Sutton asked if there was a policy in place about going to outside for additional application and Chuck Balcar stated only if they're not qualified. E. Discussion on GBRA/CRWA contested water rate case hearing. Councilman Williams and Sutton gave the latest on the GBRA/CRWA case. The settlement is off the table and the case is still active. There have been discussion with GBRA about the settlements being off the table. Mayor Ruppert asked if there was going to be a top dollar amount that will be spent on the lawsuit. The response was not yet. 13. Comments A. City Staff Chuck Balcar stated that they lifted the tank and only painted one side it. Went over the audit today with auditor. The taxes only fund a 1/5 of the city. Mark Riffe updated the council on the warrant program. Also stated that Jeffery Glatz who was approved to be hired,never started due to his moving back to his hometown. B. City Council Councilwoman Gray asked why Centex variances haven't come before council. The new home on Sunflower the electrical needs to be bore under the road. Would like to get all of council to look at the drainage construction on Bentwood Ranch. Council Sutton made a comment about the citizens concerning their flooding property. Councilman O'Brien thanked citizens for giving another opinion on the sidewalk. Also stated he voted for the Sexual Harassment just so it would be unanimous. C. Mayor-None 14. Adjournment Councilman Campbell made them motion to adjourn at 9:57 P.M. Seconded by Councilman O'Brien. For:All, Against: None. PASSED AND APPROVED THIS 27TH DAY OF JANUARY 2004. w4t,,_ Charles Ruppert Mayor ATTEST: �konnZeGriffin Secretary