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Min CC 05/28/2002 REGULAR CITY COUNCIL MEETING CIBOLO MUNICIPAL BUILDING 109 S.MAIN May 28,2002 7:00 P.M. MINUTES 1. Call to Order—Mayor Ruppert called the meeting to order at 7:00 P.M. 2. Roll Call—All members of Council were present. 3. Invocation—Councilman Pat O'Brien gave the invocation. 4. Pledge of Alle iance—Mayor Ruppert led the Pledge of Allegiance. 5. Citizens to be Heard Sheila Johnston—Stated that she was the owner of the 5-acre tract and is requesting C-1 Commercial Zoning, item 9C, and hoped that the council would grant her request. 6. Election Swearing in Newly Elected Councilmembers Pat O'Brien and Eddie Williams. Mayor Ruppert swore in newly elected Councilmembers Pat O'Brien and Eddie Williams. 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 or citizen so requests, in which case the item will removed from the consent agenda and considered as part of the order of business.) Consideration and Approval of May 7, 2002 Minutes of the Regular Council Meeting. There was no discussion. Councilwoman Carolyn Epperson made the motion to approve the consent agenda items. Seconded by Councilwoman Cathy Duggar. For: All,Against: None. 8. Discussion/Presentation A.Update from David Davenport on the progress of Canyon Regional Water Authority Lake Dunlap project. David Davenport briefed that the City of Cibolo had two very good representatives on the CRWA Board, Councilman Eddie Williams, recently elected Vice-Chairman, and Bob Glisar. Stated that the pipeline should be completed from Dunlap to Cibolo with water in pipe by Friday. The water will not have enough pressure to get the water to the tower until the booster station is complete. This construction has been delayed due to weather conditions, should be.complete by July. Councilman Williams stated that he took a tour of the site and was very impressed. There was no action taken. B. Discussion on Amendments to Water Contract with the GBRA for provision of raw water. David Davenport briefed that there have been changes made to the contract,but none of them will directly effect Cibolo. One of the modifications would allow the water to stay in the CRWA family till the year 2018, which would allow Cibolo to obtain additional water. It would also allow water rights to be transferred among the different users in the GBRA contract. Chuck Balcar stated that he feels that eventually the city would be up to 1000-acre feet, but would like to obtain 350 additional acre-feet, which would get the city off of Green Valley Water. There was no action taken. 9. Discussion/Action A.Discussion/Action on Approval/Disapproval of Zoning for Miller Tract,being 10.13 Acres situated in the James Jones Survey, Abstract No. 194, Guadalupe County, Cibolo Texas. Chuck Balcar stated that this is the track that is adjacent to the city's 5 acres, it has deed restrictions and they are requesting C-1 Commercial Zoning. Councilwoman Epperson stated that she didn't understand why when something is going to be residential why it should be zoned commercial. Chuck Balcar replied saying the current surrounding residential would have to vote, with 75%for,to have commercial placed on this property. Councilman Campbell made the motion to approve the zoning at C-1 Commercial for the Miller Tract. Seconded by Councilman O'Brien. For: Councilman Williams, Councilman Campbell, Councilwoman Epperson, and Councilman O'Brien. Against: Councilwoman Duggar. B. Discussion/Action on Approval/Disapproval of Zoning for Schlather/Mueller Tracts,being 77.99 acres of land out of an original 82.380 acre tract as recorded in Volume 1117, page 70, deed records Guadalupe County,Texas and all 77.99 acres being in the James Jones Survey, Abstract No. 194, Guadalupe County, Cibolo, Texas. Chuck Balcar briefed that this land is located at the south side of Green Valley and they are requesting C-1 Commercial Zoning. Ms. Johnston property is located in this property. Larry Akins is the developer and has plans for several different lots sizes, and would also be writing a covenant only allowing only housing on this property. If this property is zoned C-1 Commercial it would , allow all sizes of lots and convenience type commercial, the minimum zoning it can be zoned is R-3. Councilwoman Duggar made the motion to approve the Schlather/Mueller Tract as R-3 Zoning. Seconded by Councilwoman Epperson. For: All, Against: None. C.Discussion/Action on Approval/Disapproval of Zoning for Johnston Tract,being 5.00 acres of land known as lot 10, of the Green Valley Estates Subdivision, of Guadalupe County, Texas, situated in the James Jones Survey, Abs.,No. 194, Guadalupe County, Cibolo,Texas. Ms. Sheila Johnston stated that this is across from the Miller Tract that was just zoned C-1 Commercial. Has no definite plans at this time but had thoughts of a storage unit. Did not want to make anyone upset. David Meditz, a land owner, stated that the city needed to have more commercial zoned property, if not the residents will have to eventually pay higher taxes. Councilwoman Duggar stated that she felt there was plenty of commercial property in the industrial park, and feels the city should not be peppered with commercial property. Councilman Williams stated that he felt there needed to be more mom&pop type stores and they don't belong in the industrial park. Councilman Campbell stated that in the last couple of years they have only approved residential and need more commercial. Councilwoman Epperson asked Ms. Sheila Johnston when she would start developing? Ms. Sheila Johnston stated that she wanted to start as soon as possible and start getting some returns on her property. Mayor Ruppert asked her if she was aware of the screening requirements, she stated yes. Councilman O'Brien made the motion to approve C-1 Commercial Zoning for the Johnston Tract. Seconded by Councilman Williams. For: Councilman Williams, Councilwoman Epperson, Councilman Campbell, and Councilman O'Brien. Against: Councilwoman Duggar. D. Discussion/Action on Approval/Disapproval of new preliminary plat for Springtree Unit 3. Planning and Zoning recommended approval. Brian Crowll has made changes to Unit 3,which will be split by Cibolo Valley Drive. Stated that Masterplan is not changing. Mayor Ruppert asked about the drainage, Brain Crowll answered by saying that the water will exit into Winbrook, located in Schertz,this is the natural flow of the water. Keith Gilbreath stated that there would be a channel that would be built with unit 2. Councilwoman Epperson made the motion to approve the new preliminary plat for Springtree Unit 3. Seconded by Councilman Jeff Campbell. For: All, Against: None. E. Discussion/Action on Approval/Disapproval on filling vacancy on the Planning and Zoning Commission. Mayor Ruppert stated that there were 6 applicants for current opening on the Planning and Zoning. After discussion Councilman O'Brien nominated Suzi Rogers and Councilwoman Duggar nominated Rebecca Snedeker. Mayor Ruppert called for a vote. Councilman Campbell, Councilman Williams, and Councilwoman Epperson voted for Rebecca Snedeker. Councilman O'Brien and Councilwoman Duggar voted for Suzi Rogers. Rebecca Snedeker won the vote and will start on the Planning and Zoning on June 18, 2002. F. Discussion/Action on Electing a Mayor Pro-Tem. Councilwoman Epperson and Councilman O'Brien were nominated for the position of Mayor Pro- Tem. Councilman Campbell, Councilman Williams, and Councilman O'Brien voted for Councilman O'Brien. Councilwoman Epperson and Councilwoman Duggar voted for Councilwoman Epperson. Councilman O'Brien was elected as Mayor Pro Tem for the next year. G. Discussion/Action on Sunflower drainage problem. Mayor Ruppert stated that Chuck Balcar has received two letters, one from the Gray's Attorney holding the Borgfeld responsible for their property, and one from the City Attorney Susan Rocha. Susan Rocha stated that they Deer Creek stated the easement is being worked with the installation of a water line for Mr.Borgfeld. The developer has agreed to pay for this, the city would not be obligated to pay for anything, so it would be in the best interest for the city to stay out of this matter. Councilwoman Duggar asked why this was on the agenda if they were not suppose to do anything with this,Mayor Ruppert stated that it was tabled at the last agenda, so it is his responsibility to ensure that it gets back on the agenda. No Action is required. Councilman Campbell made the motion to table item to the June 1 l"'meeting. Seconded by Councilman Williams. For: All, Against: None. H. Discussion/Action on Adoption of FY 2002-03 Budget Calendar. Chuck Balcar stated that the item on the calendar that was supposed to be completed tonight will be put off till the June I Ph meeting due to the run-off election. Councilwoman Epperson made the motion to approve the adoption of FY 2002-03 Budget Calendar. Seconded by Councilman O'Brien. For: All,Against: None. I. Discussion/Action on Approval/Disapproval of request from Time Warner Communications to open cut Cibolo Vally Drive in Willowbridge Subdivision to install conduit. Keith Gilbreath stated that this would be a joint trench with Southwestern Bell and Time Warner and would take about%Z to 1 day to complete. EMS, Schools and Public Safety would be notified for emergencies. Would be done before the resurfacing of the road. Council O'Brien made the motion to approve the request from Time Warner Communication to open cut Cibolo Valley Drive in Willowbridge Subdivision to install conduit contingent upon all work is complete before the final overlay of street. Seconded by Councilwoman Duggar. For: All, Against: None. J. Discussion/Action on calling a special meeting on June 4, 2002 to canvass run off election results. Councilwoman Duggar made the motion to call for a special meeting on June 4, 2002 at 5:00 P.M.to canvass run-off election results. Seconded by Councilwoman Epperson. For: All, Against: None. 10. Comments A. City Staff Chuck Balcar stated that the grand opening of the Chinese Restaurant would be Saturday night at 7:00 P.M. and is open to councihnembers with spouses/guest. There will be a Public Official workshop on June 4m Keith Gilbreath stated that there were 132 houses under construction. B. City Council Councilwoman Epperson asked about the Eagle court situated. Chuck Balcar stated that there would be a bench trail on June 27`h, Frank Posey would be the prosecutor. Eagle has already stated that if they received a guilty verdict they would appeal it to the county. Welcomed Eddie Williams to the Council. Councilwoman Duggar welcomed Pat O'Brien back and Eddie William to the Council. Made statement that it is the councils responsibility to listen to the people and what they say and keep that in mind when coming to the council table, even if it is a different opinion than they have. Councilman Campbell also welcomed Eddie Williams to the Council and stated what a good job he has done on the water board. Councilman O'Brien thanked the citizens for allowing him on the council for another two years. C. Mayor—None. 11. Adjournment Councilwoman Epperson made the motion to adjourn at 9:07 P.M. Seconded by councilman Campbell. For: All, Against: None. PASSED AND APPROVED THIS 11THDAY OF JUNE 2002. "Air Charles Ruppert Mayor ATTEST: vonne Griffin J-4-4 it; Secretary