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Min CC 07/08/2003 REGULAR CITY COUNCIL MEETING CIBOLO MUNICIPAL BUILDING 109 S.MAIN July 8,2003 7:00 P.M. MINUTES 1. Call to Order Mayor Ruppert called the meeting to order at 7:27 P.M. 2. Roll Call—All members of council were present with the exception of Councilman Campbell. .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) Bob Dale—Spoke to council concerning the merger with Schertz. Feels that the city should not waste the money on doing the feasibility study because it is a bad idea. Craig Martin—Also spoke to council concerning the merger with Schertz. Concerned with the problems that the City of Schertz has,that the city does not need to be part of. 6. Presentation Presentation to Jamie Casarez and Ann Almond for their years of service to the Planning&Zoning Commission. Mayor Ruppert presented plaques to commission's Jaime Casarez and Ann Almond. Jamie Casarez thanked everyone for their support during his term. Ann Almond stated that she feels the Planning and Zoning is being left in good hands. 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 June 24,2003 Budget Workshop. B. Approval of June 24,2003 Public Hearing Minutes. C. Approval of June 24,2003 Regular City Council minutes. D. Approval of Check Register for June 2003. Councilman Sutton made the motion to approve the consent agenda items. Seconded by Councilman O'Brien. For: All,Against:. None. 8. Resolutions A. Approval/Disapptoval of a resolution is to set a date,time and place for a City Council Hearing and a Joint City Council and Planning and Zoning Hearing on the proposed rezoning from R-1 to R-213 Zoning of a said tract of land being of 105.221 acres of land out of the of the Mathias Lindenburg Survey,Abstract No.215,Guadalupe County,Texas,and the Trinidad Garcia Survey No. 94,Abstract No. 137,Guadalupe County,Texas,and being out of and a part of a 315 acre tract as conveyed by Deed from Hugo O.Borgfeld and Irma L.Borgfeld to grandson Lewis C.Borgfeld,executed on May 31, 1968,and recorded in Volume 409,Pages 436-438 of the Deed Records of Guadalupe County,Texas. . ` (Public Hearing,Council,July 22,2003 at 6:45 P.M.,Joint Public Hearing,August 12,2003,6:30 P.M.) Councilman O'Brien made the motion to approve the resolution to set a date and time of July 22,2003 at 6:45 P.M., and a Joint Public Hearing,August 12,2003, 6:30 P.M. at Cibolo City Hall on the proposed rezoning from R-1 to R-213 Zoning. Seconded by Councilman Williams. For: All,Against: None. B. Approval/Disapproval of a resolution lifting the burn ban. Councilman Sutton made the motion to approve the resolution lifting the burn ban. Seconded by Councilwoman Gray. For: All,Against: None. 9. Ordinances A. Approval/Disapproval of Zoning Ordinance and Map. Chuck Balcar stated that Planning&Zoning would like to see the appointment dates be changed to October of each year,rather than July. Carolyn Tauzin gave her reasons on why this should wait till October. Chuck Balcar stated that he feels that it needs to be effective in July,which would help with the Capital Improvement Committee. Planning&Zoning recommended having a definition of the business district. Also made:some changes that Councilman Campbell had suggested. Council discussed the appointments of Planning and Zoning Commissioners. Councilman Sutton made the motion to approve the Zoning Ordinance and Map with the exception of changing the appointment month back from October to July. Seconded by Councilman Williams. For: All,Against: None. B. Approval/Disapproval of new Firearms Ordinance,replacing#523. Mark Riffe stated that the'changes would be the acres size from 10 acres to 25 acres, distance from 150 to 300 feet,and to stay off of the right a way or dwelling by at least 300 feet. Councilman Williams asked Gary Woods if he had any comments concerning these changes. Gary Woods stated that he has had problems with hunters hitting his property due to their errors. Would like to see the 300 feet changes to 500 feet,but would be happy with the proposed change. Councilman Sutton stated that as the city grows hunting will go away due to the building. Councilman O'Brien made the motion to approve the New Firearms Ordinance replacing#523. Seconded by Councilman Williams. For: All,Against:None 10. Discussion/Action(General) A. Approval/Disapproval of a dedicated water line to the new water tower,being constructed by Landmark,Inc. Rudy Klein,City Engineer,went over the project for the dedicated water line to the new water tower. The new line is needed to allow water to be pumped from the Wagner Booster Station on FM78 to the new water tower. Water is currently being pumped through an existing 16" line but this has caused the overpressuring of the distribution system which causing excessive pressure in the old part of town.A dedicated line will eliminate the overpressure problems. None of the-distribution system will be tied to the proposed line. The line will be totally dedicated to supplying water to the new water tower.Will need to obtain easements for this project. The estimated cost of this project is$437,000. Chuck Balcar stated that he is going to request CRWA to pay for this project,but it has to go to the board for approval. Councilman Sutton made the motion to approve going out to bid for this water line project,then presenting the bids to CRWA for payment. Seconded by Councilman O'Brien. For: All,Against: None. B. Approval/Disapproval of authorization to accept bids for construction of a restroom and parking for Deer Creek Park. Rudy Klein went over the construction plans for the restroom and parking facilities. The parking lot would include twelve parking spaces, if there were more it would get to close to resident's fences. If there is more needed at a later date more could be built. The cost would be$48,000 for the restroom and$15,000 for the parking lot. Councilwoman Gray asked about the walking path. Would like to see as part of the bid + } package, so if there is enough funds it can be completed at the same time. Chuck Balcar stated that there is $75,000 in the budget and the plans were to do as much as possible with the balance being completed next year. Councilman Sutton made the motion to approve the construction plans for the restroom and parking facilities. Seconded by Councilman Williams. For: All,Against: None. C. Approval of awarding bids for the second year projects of the 2001 certificate of obligation bond issue for streets and drainage. Rudy Klein stated that two bids were received. The bids received were by Tejas Paving and ASC Paving. Went over the different projects. ASC Paving came in the low bid at$313,350 where Tejas bid was for $436,600. Stated that Tejas Paving estimates came in higher than their last bid. Councilman O'Brien asked about ASC Paving. Rudy Klein stated that he has only worked with them on a parking lot. They are currently working on two other cities road projects. Spoke with their engineers and they stated they are doing O.K. Councilman O'Brein made the motion to award the bid to ASC Paving in the amount of $313,350. Seconded by Councilwoman Gray. For: All,Against: None. D. Approval of going out for bid for restroom and parking facility and walking trails for Deer Creek Park. Councilwoman Gray made the motion to go to bid for the restroom and parking facility with separate/alternate bid for the walking trails. Seconded by Councilman Williams. For: All,Against: None. E. Approval of initial zoning of the Buffalo Crossing subdivision as R-2B for a 14.841 acres of land(the public hearings were held on March 11 and March 27)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. Councilwoman Gray asked about the zoning requirement. Councilman O'Brien made the motion to approve the R-2B zoning for Buffalo Crossing Subdivision,a 14.841 acres of land. Seconded by Councilman Sutton. For: All,Against:None. F. Approval of initial zoning of the Buffalo Crossing subdivision as R-2B Zoning for a 143.823 acres of land(the public hearings were held on March 11 and March 27)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. Councilman Sutton made the motion to approve the R-2B zoning for Buffalo Crossing,Subdivision,a 143.823 acres of land. Seconded by Councilman Williams. For:All,Against: None. 11. Discussion/Action(Builder/Development) A.Approval/Disapproval of Final Subdivision Plat of Lantana,Unit 2. Paul Deem went over the Final Plat of Lantana,Unit 2 with council. Planning and Zoning recommend approval. Councilman Williams made the motion to approve the final subdivision plat of Lantana,Unit 2. Seconded by Councilman O'Brein. For: All,Against:None. B.Approving a change in a Deed restriction for the Van Horn Subdivision to allow for commercial activities and authorizing the Mayor to sign the amendment to the Deed Restrictions document. Chuck Balcar stated that the owner is wanting to remove the deed restriction due to he would like to get it changed so they could run business on it. The city currently owns 5 acres of this property. Councilman Sutton made the motion to approve the Mayor to sign the amendment to the Deed Restrictions documents. Seconded by Councilman Williams. For:All,Against:None. ' 1Z.- Comments A. City Staff Mark Riffe gave update on the warrant program. Chuck Balcar stated that Robert Arenas will be working with the County on the Project on Borgfeld which will begin on Monday,weather permitting. This will be a four-week project and Borgfeld will be closed. There will still be a balance in the street and drainage project. Also met with the engineer and designers of the new city hall. Also need priorities by the next meeting. Councilwoman Gray asked about the project with Mr.Brown. Street Light Project is projected to be completed by the end of July. B. City Council Councilman Sutton responded to the merger issue by saying that the impression he got from the paper is that the council is on board with this and he wanted it known that he is not. Would like to get some updates on the Dietz Road Sidewalk project and see it come back to council for action. Councilman O'Brien stated that he feels that knowledge is power. That the feasibility study would show us the good and bad of a merger. C. Mayor—None. 13. Adjournment Councilman Sutton made the motion to adjourn at 9:06 P.M. Seconded by Councilman Williams. For:All, Against: None. PASSED AND APPROVED THIS 22�D DAY OF JULY 2003. Charles Ruppert Mayor ATTEST: fonneqn mcretary