Loading...
Min CC 04/22/2003 NN REGULAR CITY COUNCIL MEETING CIBOLO MUNICIPAL BUILDING 109 S.MAIN April 22,2003 7:00 P.M. (or immediately following the Special Planning and Zoning) MINUTES 1. Call to Order—Mayor Ruppert called the meeting to order at 7:35 P.M. 2. Roll Call—All member's of council were present with the exception of Councilman O'Brien. 3. Invocation—A moment of silence was observed. 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 April 8,2003 City Council minutes. B. Appointment of Danny Nelson as Animal Control Officer. C. Approval of Financial Report for 2nd Quarter 2003. D. Resignation of Carolyn Epperson for the CRWA Board of Trustees. E. 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 Malley Ranch,Unit 1 3. Cibolo Malley Ranch,Unit 2 4. The Ridge of Deer Creek,Unit 3 5, Lantana,Unit 1 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 Councilwoman Epperson pulled item 6E from the consent agenda. Councilwoman Duggar made the motion to approve consent agenda items 6 A-D. Seconded by Councilman Campbell. For:All,Against: None. Councilwoman Epperson stated that she was concerned with the speed limit being 30 mph, especially in cul de sac areas. Chuck Balcar stated that the law states a general law city must have a 30 mph speed limit unless a traffic study has been completed. Mark Riffe provided a traffic hand out to the council. Council discussed the safety of the citizens with the speed limit being at 30 mph. Councilwoman Duggar made the motion to disapprove Traffic Control Ordinance. Seconded by ? Councilman Williams. For: Councilwoman Duggar, Councilwoman Epperson and Councilman Campbell. Against: Councilman Williams. 7.Resolutions Consideration of Approval/Disapproval of a approving a bond resolution to be adopted by the board of trustees of the Canyon Regional Water Authority Authorizing the issuance of Obligations designated as"Canyon Regional Water Authority Tax-Exempt Contract Revenue Bonds(Lake Dunlap Project)series 2003";acknowledging that these obligations will be sold to the Texas Water Development Board;ratifying,reconfirming, and readopting the provisions of a regional tax-exempt water supply contract previously approved and executed between the City of Cibolo,Texas and the Canyon Regional Water Authority; authorizing the Mayor and City Administrator of the City of Cibolo,Texas to execute on behalf for the City of Cibolo,Texas. All documents in connections with this transaction; and other matters in connection therewith. Item was tabled on April 8,2003 to await the outcome of the water rate lawsuit case. Councilman Williams went over the outcome of the last meeting. A committee has been developed by six CRWA members and six GBRA members to meet and come up with a solution to this suit. This committee has not yet met. If the resolution is not approved now the city is in direct violation of the contract, and may have to look for an alternate source of water. David Davenport stated that the board is concern about this situation. There has been discussion on a compromise. The new committee will be meeting at the end of this month,this could be a positive. Mayor Ruppert asked what the ramification are if the council were to table this till after the committee meets. David Davenport stated it was up to the council. The next board meeting is May 12,2003. Mayor Ruppert stated that this could be placed on the special meeting when the council has to canvases the election. Chuck Balcar stated that he would recommend approval of the resolution if things at the meeting didn't turn out right then the city could file on misrepresentation. Councilwoman Epperson made the motion to table the approval of this resolution to the week of special meeting from 5- 8 May. Seconded by Councilman Campbell. For: All,Against: None. 8. Discussion/Action(Builder/Development) Builder/Development A. Approval/Disapproval of final subdivision plat for Willowbridge II,Unit 2. (P&Z-Approval) David Bealas,engineer, stated that there have been no changes since the preliminary plat. There will be one street change of Purple Willow to Kayleigh Chase. Councilman Williams made the motion to approve the subdivision plat for Willowbridge II,Unit 2. Seconded by Councilwoman Duggar. For: All,Against: None. B. Approval/Disapproval of final subdivision plat for The Estates of Deer Creek,Unit 2.(P&Z- Disapproval) Keith Gilbreath stated that the site plan has been corrected and preliminary has been taken off of plat. Mayor Ruppert asked what the developer decision for Cibolo Valley Drive connection. Keith Gilbreath stated that there is a land swap working,which would connect Brush Trail Bend to Cibolo Valley Drive. Chuck Balcar stated that the council could not disapprove a plat for traffic condition. Councilwoman Duggar made the motion to approve the final subdivision plat for The Estates of Deer Creek,Unit 2. Seconded by Councilman Campbell. For; All,Against: None. C.Approval/Disapproval of Masterplan for Falcon Ridge Addition Subdivision. (P&Z- Disapproval) Keith Gilbreath stated that the plat does not reflect Cibolo Valley Drive. This masterplan does not show the 75 feet of right-of-way: This goes against the city's masterplan. Sam Bloodsoe stated that his client has done an investigation on this and would have to incur a large expense. Councilwoman Duggar made the motion to disapprove the Masterplan for Falcon Ridge Addition Subdivision. Seconded by Councilwoman Epperson. For:All,Against; None. D. Approval/Disapproval of preliminary plat for Falcon Ridge Addition Subdivision,Unit 7. (P&Z- Disapproval) Chuck Balcar stated that this was disapproved due to the fact that Cibolo Valley Drive was missing. Councilwoman Duggar made the motion to disapprove the preliminary plat for Falcon Ridge Addition Subdivision,Unit 7. Seconded by Councilman Campbell. For: All,Against: None. E. Approval/Disapproval of final plat for Charleston Parke,Unit 2. (Formerly Greenbrook Unit 3, pulled December 9,2002)(P&Z-Approved w/conditions) This item was pulled from the agenda. F. Approval/Disapproval of a replat of Lots 22 through 25 of Block 1 of The Ridge of Deer Creek, Unit 1. (P&Z-Approved) Keith Gilbreath stated that the lots have been realigned. The left properly line has been moved over three feet. Councilman Campbell made the motion to approve the replat of Lots 22 through 25 of Block 1 of The Ridge of Deer Creek,Unit 1. Seconded by Councilwoman Duggar.For: All, Against:None. G.Approval/Disapproval of a preliminary plat for Lantana Subdivision,Unit 2. (P&Z-Approved) Unit 1 is currently under construction. Keith Gilbreath stated that all street names have been approved. Councilman Williams made the motion to approve the preliminary plat for Lantana Subdivision,Unit 2. Seconded by Councilwoman Duggar. For: All,Against: None. G. Approval/Disapproval on Final Subdivision Plat for Falcon Ridge,Unit 5. Chuck Balcar stated that there were problems in the past due to drainage at Barbara Jordan School. There is a letter that states that Continental will correct the drainage for Unit 5 and 6. Councilman Williams made the motion to approve the final subdivision Plat for Falcon Ridge,Unit 5. Seconded by Councilman Campbell. For: All,Against: None. I.Approval/Disapproval preliminary/final subdivision plat of Falcon Ridge,Unit 6. Chuck Balcar stated that this also has been delayed due to the drainage that has now been corrected. Keith Gilbreath stated that you will be able to get to Barbara Jordan School directly,this will take some traffic off of Thistle Creek Drive. Councilwoman Duggar made the motion to approve the preliminary/final subdivision plat of Falcon Ridge,Unit 6. Seconded by Councilman Williams. For: All,Against:None. J. Approval/Disapproval of Annexation of a request by Mr.Victor Lee Zengerle and Mrs.Mary Winkler Zengerle land being 20.000 acres of land out of that certain 155 acres tract of land conveyed by Emil Wiederstein et ux to Zaver Rittiman by deed dated March 27, 1928,and recorded in Volume 99 at pages 241-242 of the Deed Records of Guadalupe County,Texas. Public Bearings have been met. Planning and Zoning recommended approval. Councilwoman Duggar made the motion to approve the annexation request by Mr.Victor Lee Zengerle and Mrs. Mary Winkler Zengerle. Seconded by Councilman Campbell. For: All,Against: None. K. Approval/Disapproval of a variance request by Blanton Family Limited Partnership for encroachment into the front setback of 0.7',for land being 0.174 acre tract known as Lot 25, Block 1,The Ridge @ Deer Creek,as recorded in Volume 6,Page(s)423 and 424, deed and plat records,Guadalupe County,Texas. Public hearings were heard. Planning and Zoning recommended approval. Councilwoman Epperson made the motion to approve the variance request by Blanton Family Limited partnership. Seconded by Councilwoman Duggar. For: All,Against:None. L.Approval/Disapproval of a rezoning request from R-2 to R-3 by Dugas Diversified Development,the land being 13.891 acres of land in Guadalupe County,Texas, being out of a remaining portion of a 92.371 acre tract of land described in Volume 998,Page 60, Official Public Records, Guadalupe County,Texas. Public Hearings were met. Planning and Zoning recommended approval. Councilman Campbell made the motion to approve the rezoning request from R-2 to R-3 by Dugar Diversified Development. Seconded by Councilwoman Epperson. For: All,Against: None M. Approval/Disapproval of a rezoning request from R-2 to R-3 by Dugas Diversified Development,the land being 12.823 acres of land in Guadalupe County, Texas,being out of a remaining portion of a 92.371 acre tract of land described in Volume 998, Page 60, Official Public Records, Guadalupe County,Texas. Public Hearings were met. Planning and Zoning recommended disapproval. Annette Hernadez stated that they were in land negations with Green Valley Water and the water tower,and there were problems with connecting street. Norman Dugas explained the items to the council. Councilwoman Duggar made the motion to approve the rezoning request from R-2 to R-3 request by Dugas Diversified Development. Seconded by Councilman Campbell.For: All,Against:None. 9. Discussion/Action (General) General A. Appointment of a member to the CRWA Board of Trustees for a two year term. Councilwoman Epperson is not able to attend the meetings. Chuck Balcar stated that he will take this position. Councilman Campbell made the motion to appoint City Administrator, Chuck Balcar, to the CRWA Board of Trustees for a two year term. Seconded by Councilwoman Duggar. For: All,Against:None. B. Amendment to contract with Landmark for optional improvements to the 1.25 million gallon water tank. Rudy Klein went over the table with council on recommendation and cost. Upgrades could include sealcoating ceiling,enhancements,paint/system upgrade,additional testing, drip ring lower and higher,overflow pipe,utility improvements(garage door),windows(2),electrical lighting, office space,restroom facility,offset ladder,two tone paint, logo enhancements(other than writing Cibolo in two places), communication provisions(for future uses),and wall entrance pits. Chuck Balcar stated that he has spoke to representatives about future antennas on the tower. The total for recommended modification is 63,730 for a total contract price of$992,230. Rudy stated if these are approved it will become a change order to the contract,then the drawings will be complete. Councilwoman Duggar made the motion to approve the recommendation by Rudy Klein. Seconded by Councilman Williams. For: All,Against: None. C. Directing staff to pursue a license agreement with Utility Service Communications Co. Inc. of Perry, Georgia to market and lease space on city water tanks for communications antennas, and authorizing the Mayor to enter into a contract with utility service communications. Chuck Balcar stated that he has spoke to other entities about using their towers. There is a referral board that can help, or turn everything over to a company in Georgia that does everything for 30%. Chuck would recommend the third one, Green Valley currently uses this company,to let someone who knows how to do this handle everything. Councilwoman Duggar stated that she had questions concerning the contract. Councilman Campbell made the motion to direct staff to pursue as many license agreement. Seconded by Councilwoman Epperson. For: All,Against: None. 10. Executive Session Pursuant to section 551.074,Personnel of Texas Government Code to discuss City Administrator contract renewal. Council went into executive session at 10:19 P.M. 11. Reconvene in Open Session Reconvene in open session for Discussion/Action on executive session concerning contract with the City Administrator. Council reconvened in open session at 10:36 P.M. Councilman Williams made the motion to direct Mayor to enter into contract negotiation with Chuck Balcar. Seconded by Councilwoman Duggar. For: All,Against:None. 12. Comments A. City Staff Chuck Balcar: Buffalo Valley Lions Club gave$500 donation to the park. Plats that were approved tonight with street impact fees to be collected are$1,086,027. Budget process will begin after the election. Mark Riffe stated that a new police officer has been selected, and our department did not make the first round of grants. B. City Council Councilman Campbell asked about fences at Cibolo Valley Drive and asked about monthly fire department calls. C. Mayor Mayor Ruppert stated that a special council meeting needed to be set for canvassing the election and also the CRWA resolution. The Council decided Tuesday,May 6, 2003 at 6:00 P.M. 13. Adjournment Councilman Epperson made the motion to adjourn at 10:45 P.M. Seconded by Councilman Campbell.For: All,Against:None. PASSED AND APPROVED THIS 13TH DAY OF MAY,2003. Charles Ruppert Mayor ATTEST: 1 UWP- / nne Griffin Secretary