Loading...
Min CC 05/27/2003 REGULAR CITY COUNCIL MEETING CIBOLO MUNICIPAL BUILDING 109 S.MAIN May 27,2003 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 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) There were no citizens to be heard. 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 May 13,2003 Regular City Council minutes. B. Approval of May 13,2003 Public Hearing City Council Minutes. C. Approval of Acceptance of Performance Bond for Falcon Ridge Subdivision,Unit 5. D. Approval of releasing Performance Bond for Lantana Subdivision,Unit 1. Councilman O'Brien made the motion to approve the consent agenda items. Seconded by Councilman Williams. For: Councilwoman Gray,Councilmen O'Brein,Williams, and Campbell. Against: None. Abstain: Councilman Sutton. 7. Ordinance A. Approval/Disapproval of an Ordinance transferring a parcel of land containing.66 acres to the Cibolo Creek Municipal Authority to expand the collection capacity for the waste water system. David Dennis, CCMA, stated that this land that their asking the city to donate will be used to build an updated pump station. The current facility is to small, could probably hold 300 additional homes/connections. The life expectancy for this new system will be 15 to 20 years, depending on the growth. Councilman Sutton asked about getting a statement in the deed that stated the land would revert back to the City of Cibolo if CCMA was to abandon the pump station. David Dennis stated that this could be looked into. Councilwoman Gray made the motion to approve the transferring of a parcel of land containing.66 acres to CCMA to expand collection capacity to include the statement in the deed that is CCMA abandons the pump station the land will revert back to the City of Cibolo. Seconded by Councilman Sutton. For: All,Against: None. B. Approval of Traffic Control Ordinance amending#379,passed on August 7, 1986,adding through streets and stop streets to Section 55-80 for the following Subdivisions: 1. Wiederstein 10 2. Cibolo Valley Ranch,Unit 1 3. Cibolo Valley Ranch,Unit 2 4. The Ridge of Deer Creek,Unit 3 5. Lantana,Unit 1 ti 6 Falcon Ridge,Unit 3 7. Falcon Ridge,Unit 4 8. Falcon Ridge,Unit 5 9. Willowbridge I,Unit 3 10. Willowbridge I,Unit 4 11. Willowbridge I,Unit 5 12. Willowbridge H,Unit 1 13. Willowbridge II,Unit 2 Discussion was that the law states that a general law city must have their speed limit at 30 mph,unless a traffic study is complete. This is located in the Texas Transportation Code. Mayor Ruppert stated that if a ticket is written in a speed limit that is not approved by the Texas Transportation Code it can be disputed by the person receiving the ticket. Councilman Sutton asked about future entrances into Falcon Ridge. Chuck Balcar stated that the Masterplan shows a seconded entrance into Falcon Ridge once the area is developed. Councilman O'Brien made the motion to approve the traffic control ordinance. Seconded by Councilman Williams. For: Councilmen O'Brien,Williams, Sutton and Campbell. Against: None. Abstain: Councilwoman Gray. C. Approval/Disapproval of an Animal Control Ordinance replacing Ordinance 360 and it's amendments. Lee Perry stated that there have been several citizens' complaints, and the city is real limited as to what actions it can do. This updated ordinance will give the city more power and updated state laws. The city attorney has reviewed this ordinance. There was discussion concerning what an animal at large is. Chuck Balcar stated that he did not think the school Ag farm is not addressed which would mean it would violate the ordinance. Councilman Campbell made the motion to table the ordinance till the next first meeting to June 10th. Seconded by Councilman Williams. For: All,Against: None. D. Approval/Disapproval of a requirement to deliver a recorded plat of a subdivision of property prior to obtaining any building permit for that property Chuck Balcar stated that Barbara Jordan school has never been recorded,until today. After an audit there have been 14 plats that have never been recorded. This would allow the developer not to pull permits until the property has been recorded. This would offer insurance for the home owner to the developer. Councilman Sutton stated that he would rather not issue a Certificate of Occupancy to a property versus not allowing the builder to pull a permit. Chuck Balcar stated that this would not stop the property because citizens would still move in. Councilman Williams made the motion to approve the Ordinance requirement to deliver a recorded plat of a subdivision. Seconded by Councilwoman Gray. For: Councilwoman Gray,Councilmen William's,O'Brien and Campbell. Against: Councilman Sutton. 8. Discussion/Action(General) General A.Approval/Disapproval of a franchise agreement with City Public Service for Electric Service. Concerns for street cuts was addressed. There would be two-week notice if a street cut is necessary. This is mostly underground revamp. If there is an emergency and the street is cut the street will be replaced as it was before cut or better. Mayor Ruppert asked what street the main line would be on. It would be I35 and Wiederstein overhead to the Lantana Subdivision then would go underground into the subdivision. Chuck Balcar stated that CPS would not pay for the streetlights. The city would have to pick up this cost. There will be a 1%revenue fund that will be used for council discretion for city's future CPS projects. Councilman Sutton made the motion to approve the franchise agreement with City Public Service for Electric Services. Seconded by Councilman O'Brien. For: All,Against: None. B. Appointing of Mayor Pro Temp for the Term of May 2003 to May 2004. Councilman O'Brien stated that he would not mind staying the Mayor Pro Temp. Councilman Sutton stated that the position should be rotated,but would support Councilman O'Brien staying the Mayor Pro Temp. Councilman 'Campbell made the motion to appoint Councilman O'Brien the Mayor Pro Temp. Seconded by Councilwoman ~ Gray. For:All,Against:None. C. Approval/Disapproval of adopting a policy to allow Planning&Zoning members and City Council to pickup plats for review the Friday before each scheduled meeting. Mayor Ruppert stated that this has not been a policy in the past due to the circulation among the citizens before approval which could cause problems. Once the plats are approved they become open records. It was stated that it is better for citizen to come to city hall or council meetings to review the plat,then at least they get all the information instead of hearsay. Councilwoman Gray stated that getting the plat at the meeting is not enough time to review it. Councilman Sutton stated that he understood this but there is nothing stating that a plat can't be tabled. Chuck Balcar stated that is not a problem as long as it is approved within 30 days. Mayor Ruppert stated that this is not a Ordinance but a ordinance. Councilman O'Brien made the motion to have a policy for city council to request plats for review the Friday before a council meeting. Seconded Councilman Sutton. For: All,Against: None. D. Approval/Disapproval of a requirement for planting of trees on each lot of new subdivisions. Councilwoman Gray stated that some builders are putting the trees in the city's part right now which could cause a problem at a later date. Stated that this is also good for the environment and aesthetics. Chuck Balcar stated that the only landscape we can require is if there is a health and safety issue. More can be done once the city becomes home ruled. Stated that the City of Heletoes has a tree ordinance, could review it if the council wanted. Councilman Sutton stated that he would like something done but would rather wait until the city is home rule. Chuck stated that instead of doing a ordinance the city could be persuasive. Councilman O'Brien made the motion to table item till the city of Heletoes ordinance can be review. Seconded by Councilman Campbell. For: All, Against: None. E. Approval/Disapproval of an extension on completion contract for Te as Paving Company, street construction contractor. Rudy Klein was in attendance at the meeting by speakerphone. Mayor Ruppert stated that Tejas had 88 good weather days out of 150(due to bad weather). They are requesting 62 additional days for bad weather.Rudy said he actually had 62 days form the 150-day date of completion,which was March 13th, so he had until or on about May 15t`. The additional days would be added to the May 5t',date of request,which would give him till July 2, 2003. Councilman Sutton asked about the contract and the rain days. Rudy Klein stated that he concurs with the request. Chuck Balcar asked the engineer if they are on track or if they are behind. Rudy Klein stated that they should be farther ahead than what they are. They have been progressing faster since they received his letter on May 5t'. Councilman Sutton asked if this was to stop liquid damages by requesting this extension. Rudy Klein stated yes. The contractor is updating him when he submits his pay request. Chuck Balcar stated that he would like to see more information on this and give a target completion date by the June 6,2003. Councilman O'Brien made the motion to table till the June 10,2003 council meeting. Seconded by Councilman Sutton. For:All,Against: None. 9. Discussion/Action(Builder/Development) Builder/Development A. Approval/Disapproval of Preliminary Subdivision Plat of Woodstone Subdivision,Unit 1. Chuck Balcar stated that this subdivision is behind Dobie Jr.High. Asked developer if they would put in a ingress/engress easement. He also agreed to put in a sidewalk on his side. This would allow for the kids to cut through to Barbara Jordan versus walking on Dietz Road. Councilwoman Gray asked Rudy Klein about the drainage calculation,he stated that they were good. Council felt the sidewalks are more important, even if they go and start nowhere. Councilman O'Brien made the motion to approve the preliminary subdivision Plat of Woodstone Subdivision,Unit 1 with sidewalk along Dietz road,and access lots between 17&20 and 27&31. Seconded by Councilman Williams. For: All,Against: None. B. Approval/Disapproval of 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, ,r 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. Public Hearing have been met. Planning and Zoning recommended approval. This will allow the developer to have additional 5 lots. Councilman O'Brien made the motion to approve the rezoning requests from R-2 to R-3 by David Fluker. Seconded by Councilman Campbell. For: All,Against: None. 10. Discussion Only Discussion concerning Municipal Facilities expansion and funding mechanisms. Chuck Balcar stated that there is a rolling 5-year plan completed each year. This is to start the planning of a new city hall and a fire station in the next 5-year. Now is the best time to borrow due to the low interest rate. Mayor Ruppert showed the council a plan of Selma's new city hall. This building could be built at 1 million or less. The building is expandable at both ends. With the completion of the new building the police department would move into the current city hall and use the existing police department as animal control. Chuck Balcar went over several different methods of funding. 11. Comments A. City Staff Chuck Balcar stated that Doyle Wilson gave him a magazine,which had some good ideas in it,could be good future agenda items. Gave update on Provost case. Gave update on a monument. Received impact fees from Centex. Mark Riffe gave update on warrant program. B. City Council O'Brein welcomed new members. Councilman Sutton asked the council to bear with him during his learning process. Councilman Williams stated that he talked to Mr. Woods about shooting birds behind his property. Would like to see firearms ordinance on a future agenda. Councilwoman Gray asked about retention pond in Schertz. C. Mayor-None 12. Adjournment Councilman Campbell made the motion to adjourn at 9:47 P.M. Seconded by Councilwoman Gray For:All, Against:None. PASSED AND APPROVED THIS 10TH DAY OF JUNE 2003. "tar Charles Ruppert Mayor ATTEST: em ty Secretary