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Min CC 04/08/2003 REGULAR CITY COUNCIL MEETING CIBOLO MUNICIPAL BUILDING 109 S.MAIN April 8,2003 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 presented. 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) Nathan Gray spoke on item 8F. Susan Gray spoke on item 8F. 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 or citizen so requests,in which case the item will removed from the consent agenda and considered as part of the order of business.) A. Approval of March 25,2003 Joint City Council and Planning&Zoning minutes. B. Approval of March 25,2003 City Council minutes. C. Approval of Check Register for March 2003. D. Approval of Termination of Public Works Employees Darrell Peterson and Jeffrey Jennings. Councilwoman Duggar pulled item 6B from the agenda. Councilwoman Epperson made the motion to approve consent agenda item A,C and D. Seconded by Councilwoman Duggar. For: All,Against: None. Item 6B,Councilwoman Duggar stated that contingent items were missing from item. Items that need to be added are connection to Greenbrook,median into subdivision,and no building permits until access is completed. Councilwoman Duggar made the motion to approve item 6B with the approved acceptions. Seconded by Councilman Williams. For: All,Against:None. 7.Resolutions Consideration of Approval/Disapproval of a resolution to call for Public Hearings to consider a rezoning request from R-2 to R-3 by David Fluker, SCUCISD,the land being 7.176 acres out of the Simon Cockrell Survey,A-98,and the Lewis Survey, A216, Cibolo,Guadalupe County,Texas,and being part of a 30.000 acre tract as described in Volume 460,Page 379 of the deed records of said county. (April 22nd and May 13th, 2003,at 6:30 P.M.) Councilman Campbell made the motion to approve the resolution. Seconded by Councilman Williams. For: All,Against:None. 8. Ordinances A. Approve/Disapprove an ordinance for annexation of Mr.Frederick S. & Sandra H. Schlather for 14.841 acres of land situated in a tract described in a Non-Homestead Affidavit and Designation of Homestead from Frederick S. Schlather,et ux,to The Public,Volume 553,Page 51, and consisting of Tract 1, called 114.57 acres,Tract 2, called 11.582 acres and Tract 3, called 26.542 acres,Trinidad Garcia Survey No. 94,A-137,Guadalupe County,Texas.(Annexation was approved on March 25,2003. Annexation effective date of April 15,2003. Approval for Zoning is scheduled for April 22,2003) Councilman Campbell made the motion to approve the ordinance. Seconded by Councilwoman Epperson. For: All,Against: None. B. Approve/Disapprove an ordinance for annexation of Mr.Frederick S. &Sandra H. Schlather for 143.823 acres of land situated in a tract described in a Non-Homestead Affidavit and Designation of Homestead from Frederick S. Schlather,et ux,to The Public,Volume 553,Page 51,and consisting of Tract 1,called 114.57 acres,Tract 2,called 11.582 acres and Tract 3,called 26.542 acres,Trinidad Garcia Survey No.94,A-137,Guadalupe County,Texas. (Annexation was approved on March 25,2003. Annexation effective date of April 15,2003. Approval for Zoning is scheduled for April 22,2003) Councilman Williams made the motion to approve the ordinance. Seconded by Councilman Campbell. For: All,Against: None. C. Approve/Disapprove an Ordinance agreeing to grant an Electric and Gas Franchise to City Public Service,of San Antonio. Chuck Balcar stated that he was not happy with this agreement. CPS is only wanting to pay 3% franchise fee whereas they're paying 14%to San Antonio. They also agree to put in streetlights but they will charge the city a fee of at least$10 per month. GVEC currently pays 2 %2 but does not charge monthly fees. Councilman O'Brien stated that he was not happy with the option that allows them to have open cuts in the road without approval. Attorney reviewed and legally the agreement is good. Councilman O'Brien made the motion to disapprove the ordinance granting CPS a franchise agreement with trying to get CPS to give up area and give it to GVEC. Seconded by Councilwoman Duggar. For: All,Against: None. D. Approve/Disapprove an Ordinance adopting a Reservation and Use Policy for City Recreation and Sports Facilities and Adoption of a fee schedule. Chuck Balcar stated that reservation deposits need to be paid within 48 hours and fees paid by the day before. The policy will state this. Stated there is some problems with just renting the kitchen, due to the renter has access to the meeting room. There was discussion to changed renting the meeting room and kitchen together for$75 and$10 per hour,or meeting room only for$50 and$7 an hour. Other changes were changing key deposit to$10 and the loss of entire deposit if violating the ordinance for driving past marked spots. Councilwoman Epperson made the motion to approve the policy and fees as discussed. Seconded by Councilman Campbell.For: All,Against: None. E. Approve/Disapprove amending Ordinance 560 that created an Interlocal Agreement between City of Cibolo and Guadalupe County concerning Subdivision and Platting Authority as required by H.B. 1144 and Chapter 242 of the Local Government Code of Texas. Councilman O'Brien made the motion to approve the amended Ordinance. Seconded by Councilman Williams. For:All,Against: None F. Approve/Disapprove a amendment to the subdivision ordinance. Chuck Balcar stated that the main change is to change the width of lots to 55 feet,this would allow developer to ask for R-2 instead of R-3. Lots will still have to stay at 6000 feet. This would take Ordinance 464 and all the amendments and put them into one document. Nathan Gray made comment about making this change for a developer when it should be available for all. Doyle Wilson stated that he was trying to stay within the R-2 zoning without changes. The distance between the house will remain the same. The front lots will be 55 feet while the back half will be 60 feet. Chuck Balcar stated that by changing this ordinance it would stop the issuing of R-3 zoning which is what the council wanted. Councilwoman Duggar stated that the ordinance needs to be reviewed before there is more development in the city. Councilman O'Brien made the motion to approve the amendment to the Subdivision Ordinance with following proofing by staff and Mayor. Seconded by Councilwoman Duggar.For:All,Against: None. 9. Discussion/Action fBuilder/DevelpT ent) Builder/Development A. Approval/Disapproval of Master Plan for Buffalo Crossing Subdivision. Vince Meser briefed the council on the Master Plan. Keith Gilbreath stated that this is the Schlather property that was just recently annexed. Councilwoman Duggar asked about the entrance in/out. Replied by saying TxDot has modified FM1103 to include a center turning lane and a turning lane coming out of subdivision onto FM 1103. This subdivision will have 501 lots. Street names have been submitted but have not been approved. Chuck Balcar made the council aware that if this is approved this would take all the water reserved,which means the city will have to look for future water sources. This will only effect subdivisions after this one which is not in the Green Valley Water District. Councilman O'Brien made the motion to approve the Master Plan for Buffalo Crossing. Seconded by Councilman Williams. For:All,Against: None. B. Approval/Disapproval of Preliminary plat for Unit 1 of Buffalo Crossing Subdivision. Keith Gilbreath stated that there is a need now for a 15 foot easement. Vince and Doyle said this would not be a problem. These are the 55 foot lots and names have been submitted to 911 for approval. Susan Gray stated that she was concerned with the parks dedication and drainage issue. Councilwoman Duggar made the motion to approve the Preliminary plat for Unit 1 of Buffalo Crossing. Seconded by Councilman Campbell. For: All,Against: None. 10. Discussion/Action (General) General A. Approval/Disapproval of awarding a bid of$35,500 to Equipment Solutions for the purchase of a used 1994 Motor Grader. Chuck Balcar stated that this was a budgeted item. Only two bids were received with Equipment Solutions giving the lower budget of$35,500. Also,stated that a city machine will have more hours. The cost does include the delivery. Councilman O'Brien stated that he did not like that it didn't have a maintenance agreement. Councilwoman Duggar stated that she would pay the additional funds to buy a machine with less hours and has a warranty. Citizen Nathan Gray recommended getting someone that has experience and bonded,by contract to evaluate this machine. Councilwoman Duggar made the motion to approve contingent on a physical inspection of the equipment and meets city council satisfaction. Seconded by Councilman Campbell. For: all,Against: None. B. Evaluation of current and future Parks Commission,projects and composition filling of vacancy. Again did not have enough members to have a quorum. There are members that have missed more than allowed meetings. Currently have seven members and need four to have a quorum. One option is to lower the number of members. After the Parks Commission redid the park in Deer Creek to include a walking trail and restrooms,they have had poor meeting attendance. There have been no applications other than citizens from Deer Creek. Need to reduce the number of members and find ways to get more individuals to volunteer. No motion was made. C. Approval/Disapproval of an Appointment of Members to the Canyon Regional Water Authority (CRWA)Board of Trustees. This trustee will be replacing Bob Glisar. CRWA has changed their rules to replace one member every year. Councilwoman Epperson stated that she would volunteer. Councilman O'Brien made the motion to appoint Councilwoman Epperson to the CRWA Board of Trustees. Seconded by Councilman Campbell. For: All, with Councilwoman Epperson abstain. D. Approval/Disapproval of an Appointment of one Member to the Canyon Regional Water Authority(CRWA)Board of Managers. Councilman O'Brien made the motion to appoint Chuck Balcar to the CRWA Board of Managers. Seconded by Councilman Campbell. For: all,Against:None. 11.Presentation A. Update on providing additional sewer capacity at Loop 539 Lift Station and Acquisition by CCMA of approximately%of acre of the City Property adjacent to lift station. David Dennis, General Manager,gave background of CCMA and how they were developed. Briefed council on current project to increase capacity. Will be coming to council with request for a small donation of land for future project. B. Presentation on changes and options available for the 1.25 million gallon elevated tank to be constructed by Landmark. Chuck Balcar stated that Rudy Klein supplied documentation for the interior of the tank. Stated that did not need a seconded floor,due to the expense. Liked restroom,window,high truck door,and antenna gear. Rudy Klein recommended upgrading the paint so it will last longer. Chuck stated he did not know how negotiable these prices are. 12. Executive Session Pursuant to section 551.074,Personnel of Texas Government Code to discuss City Administrator contract renewal. Item was tabled to the next council meeting on April 22,2003. 13. Reconvene in Open Session Reconvene in open session for Discussion/Action on executive session concerning contract with the City Administrator. Councilwoman Epperson made the motion to table item 12 and 13. Seconded by Councilman Campbell. For: All,Against: None. 14. Comments A. City Staff Chuck Balcar stated that something fell through with Landmark and they can start earlier. Also got a letter from TxDot asking for us to take Loop 539. B. City Council Councilman Williams asked about traffic light. Chuck stated that he had not heard anything. Councilwoman Duggar stated that she would like the city to look into adjourning at 9:30 P.M. Also asked accommodating hardship cases. C. Mayor-None 15. Adjournment Councilwoman Epperson made them motion to adjourn at 10:37 P.M. Seconded by Councilman Campbell. For: All,Against: None. PASSED AND APPROVED THIS 22ND DAY OF APRIL,2003. L4,14C I Charles Ruppert Mayor ATTEST: a ? vonne Gri in ity 4 Secretary This facility is wheelchair accessible and accessible parking space is available. Request for accommodation or interpretive services must be made 48 hours prior to the meeting. Please contact the City Secretary at (210)658-9900 or FAX(210)658-1687.