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Min CC 04/23/2002 REGULAR CITY COUNCIL MEETING CIBOLO MUNICIPAL BUILDING 109 S.MAIN April 23, 2002 7:00 P.M. MINUTES 1. Call to Order-Mayor Ruppert called the meeting to order at 7:01 P.M. 2. Roll Call -Councilwoman Cathy Duggar was absent, all other councilmembers were present. 3. Invocation-Councilman Bob Glisar gave the invocation. 4 Pledge of Alle_ig ance-Mayor Ruppert led the Pledge of Allegiance. 5. Citizens to be Heard(limit to three minutes each) Brian Baumann- Stated that he would like to see the Deer Creek Park on the next agenda for discussion. Does not want to see the sports complex built in this area. Is concerned with property value of the homes by this going down. Not against walking trail, skate park, or benches. Chuck Balcar stated that there was a public hearing already, but it would be on future meetings. Claire Schmehil-Stated that she was also concerned about the Deer Creek Park. Wanted to know if the park plans were finally once the grant has been submitted. Mayor Ruppert stated that once submitted all items that were on the application would have to be completed, but location/order of items could be relocated. Is also concerned about he value of her home. David Meditz-Reminded everyone that if you want to be protected by the city you need to live in the city. 6. Discussion/Action on Planning and Zoning Items A. Discussion/Action to Approve/Disapprove the annexation.for the(Miller Tract), being 10.13 Acres situated in the James Jones Survey,Abstract No. 194, Guadalupe County, Cibolo Texas Councilman Jeff Campbell made the motion to approve the annexation of the Miller Tract. Seconded by Councilman Glisar. For: All,Against: None. B. Discussion/Action to Approve/Disapprove the annexation for the(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. Councilwoman Carolyn Epperson made the motion to approve the annexation of the Schlather/Mueller Tract. Seconded by Councilman Glisar.For: All,Against: None. C.Discussion/Action to Approve/Disapprove the annexation for the(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. Councilman Glisar made the motion to approve the annexation of the Johnston Tract Annexation. Seconded by Councilman Pat O'Brien. For: All,Against: None. 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.) A. Consideration and Approval of April 9, 2002 Minutes of the City Council Public Hearing. B. Consideration and Approval of April 9, 2002 Minutes of the Regular Council Meeting. C. Consideration and Approval of Quarterly Financial/Investment Report. Councilman O'Brien made the motion to approve the consent agenda items. Seconded by Councilman Campbell. For: All,Against: None. 8. Presentation/Discussion Presentation by the Capital Improvement Advisory Committee on Land Use Assumptions. Chuck Balcar briefed that the Capital Improvement Advisory Committee has been meeting since October 2001 and will have one more meeting. Stated that the Impact Fee Study, completed by Mr. Rudy Klein has been filed with the City Secretary and can be reviewed by the Public. Recommend tabling item till May 7, 2002 meeting due to some changes that were received that could change the figures 9. Resolution A. Consideration of Approval/Disapproval of a Resolution to call for a Public Hearing on Land Use Assumption, Capital Improvement Plan. Councilman Glisar made the motion to table resolution to the May 7, 2002 meeting. Seconded by Councilman O'Brien. For: All, Against: None. B. Consideration of Approval/Disapproval of a Resolution to call for Public Hearing to consider Annexation for a Flag Lot, Being .619 acres situated in the James Jones Survey, Abstract No. 194, Guadalupe County, Cibolo,Texas,and being out of Tract 3 Van Horn Subdivision, (Mr. Ruben Avila). Property is adjacent to city property. This would give Mr. Avila access to Cibolo Parkway when completed. Councilman Campbell made the motion to approve the resolution calling for the Public Hearings on June 11th and 25th at 6:45 P.M. Seconded by Councilwoman Epperson. For: All, Against: None. C. Consideration of Approval/Disapproval of a Resolution authorizing the purchase of securities with Wells Fargo Bank. Chuck Balcar stated that the city purchased a security for 13 months at the interest rate of 3.01%. The money is from the street construction fund,which will not be used till next year. Councilwoman Epperson made the motion to approve the resolution authorizing the purchase of security with a 3.01 interest rate for 13 months. Seconded by Councilman O'Brien. For: All, Against: None. D. Consideration of Approval/Disapproval of a Resolution to call for Public Hearings to consider Annexation for a Flag Lot, being .619 acres situated in the James Jones Survey, Abstract No. 194, Guadalupe County, Cibolo,Texas, and being out of Tract 2 Van Horn Subdivision, (Mr. Larry Vivian). Councilman Campbell made the motion to approve the resolution calling for the Public Hearings on June 11th and 25th at 6:45 P.M. Seconded by Councilman Glisar. For: All, Against: None. 10. Ordinances A. Consideration of Approval/Disapproval of a Ordinance annexing a tract of land being 49.21 acres of land situated in the B. Cannon Survey,Abstract No. 95,Guadalupe County, Texas,being out of a 228.5 acre tract as recorded in Volume 1258, Page 343, Official Public Records of Guadalupe county, Texas. Chuck Balcar stated that this be zoned at the May 28th meeting. This is the larger part of the Dean Tract,the smaller portion is already in the city and is currently zoned R-1 but will be requested rezoning of R-3. Councilman O'Brien made the motion to approve the ordinance annexing the 49.21 acre tract. Seconded by Councilwoman Epperson. For: All, Against: None. 11. Discussion/Action A. Discussion/Action to Approve/Disapprove the sewer service availability for Willowbridge Subdivision. Chuck Balcar stated that he has received the letter of serviceability from Rudy Klein for the Willowbridge Subdivision. Rudy Klein stated that he was going to get with CCMA concerning future growth. Councilman Campbell made the motion to approve the sewer service availability for Willowbridge. Seconded by Councilwoman Epperson. For: All, Against: None. B. Discussion/Action to Approve/Disapprove the sewer service availability for Chesley Swan Subdivision. Chuck Balcar briefed that at a previous meeting the council approved sewer service availability for 150 homes. Rudy Klein has since sent another sewer service availability for 600 homes. To add the additional 150 homes they would have to relocated the lift station with improvements made. Rudy Klein stated to Mayor Ruppert that he approved the sewer service availability for 600 homes. Councilwoman Epperson made the motion to approve the additionally 450 homes with a maximum of 600 units based on Rudy Klein recommendation. Seconded by Councilman O'Brien. For: All, Against: None. C. Discussion/Action on Approval/Disapproval of proposal from First American Acceptance Corporation,to parcel 3 private properties with ingress-egress easements contiguous to Borgfeld Road. Bill NcNeal, Citizen to be Heard, stated that he was from NcNeal, Garner and Lippe, PLLC. And was representing the First National Acceptance Company of North America. He has several clients that he represents in the Jackie Keith lawsuit. This came as a result from Jackie Keith trying to subdivide land without the City of Cibolo and Schertz Approval. Stated that city approval is not required but would like the city to be aware of what is going on. Chuck Balcar stated that the city could not do anything with this because it has tracts greater than 5 acres but they will need to have separate water meters. Keith Gilbreath stated that they did not need to follow the subdivision ordinance because the lots are 5 acre and larger. Mr. McNeal stated that his clients understand that the roads belong to them and can not ask the city to maintain them. Councilwoman Epperson made the motion to approve the proposal from First National acceptance Company of North America t Corporation,to parcel 3 private properties with ingress-egress easements. Seconded by Councilman Campbell. For: All, Against: None. D. Discussion/Action on Approval/Disapproval of Northcliffe II Subdivision Unit IA final Plat (access right-of-way only). After discussion it was determined that this was in the City of Cibolo and not in the ETJ,requiring the city to maintain. Councilman Campbell made the motion to table item till the May 7, 2002 meeting. Seconded by Councilman O'Brien. For: All,Against. E. Discussion/Action on Approval/Disapproval of final subdivision plat for Unit 3 of Willowbridge Subdivision. Planning and Zoning recommended approval. Keith Gilbreath stated that he was still awaiting approval of street names. Councilwoman Epperson made the motion to approve the final plat for Unit 3 of Willowbridge Subdivision. Seconded by Councilman O'Brien. For: All, Against: None. F. Discussion/Action on Approval/Disapproval of final subdivision plat for Unit 5 of Willowbridge Subdivision. Planning and Zoning recommended approval. Councilman Campbell made the motion to approve the final subdivision plat for Unit 5 of Willowbridge Subdivision. Seconded-by Councilman Glisar. For: All, Against: None. G. Discussion/Action on Approval/Disapproval of final subdivision plat for Unit 1 of Willowbridge II Subdivision. Chuck Balcar briefed that this was the property that was just annexed into the city. Masterplan has been approved. There will be one change of a street name due to public safety issues. Councilman O'Brien made the motion to approve the final subdivision plat for Unit 1 of Willowbridge II Subdivision. Seconded by Councilman Campbell. For: All, Against: None. H. Discussion/Action on Approval/Disapproval of final subdivision plat for Unit 1 of Green Brook Subdivision. Chuck Balcar stated that if this is approved the council will have to give them at least R-2 Zoning due to the lot size. Planning and zoning recommended approval with at least R-2 zoning. Daivd Meditz stated that he was very pleased with these developers because they talked to the adjacent landowners. Councilman O'Brien made the motion to approve the final subdivision plat for Unit 1 of Green Brook Subdivision. Seconded by Councilwoman Epperson. For: All, Against: None. I. Discussion/Action on Approval/Disapproval of advertising for street and drainage projects in Cibolo. Item I was moved to after item J. Motion made by Councilman O'Brien and seconded by Councilwoman Epperson. For: All,Against: None. Rudy Klein briefed that the plans and specs are all complete,would like to set May 30 for the opening of the bids. Would also like to hold a pre-opening meeting on May 22nd for potential bidders. Jim Johnston asked what was going to be done about he drainage problem on Town Creek Road. Chuck Balcar stated that he briefed and showed Mayor Ruppert this problem and it will be considered in the next list of projects. Mr. Johnston stated that would be fine as long as someone would come out and clean the drain until something at a later date could be completed. Councilwoman Epperson made the motion to approve the advertising of projects with the bid opening date of May 30th and a pre bid opening date of May 22nd. Seconded by Councilman Campbell. For: All, Against: None. J. Discussion/Action on Approval/Disapproval of advertising for drainage project on Sunflower. Rudy Klein stated that the water coming off of The Ridge of Deer Creek should be going through Borgfeld property,which would be the natural flow. The berm that has been constructed on his property is forcing the water down Sunflower. Looked at several different options to include taking the water down behind Sunflower,but the city would need the easement from Borgfeld to be completed. The developer of The Ridge of Deer Creek has already agreed to pay for this. Attorney, Aric Garza,from Susan Rocha's office, recommend table the issue till the May 7th meeting to have a executive session concerning potential legal action,believes this could be classified as a public nuisance. David Keck stated that he was concerned if there is a large rain between now and when they fix this. He has problems with water when there is only two inches of rain. Michael Marie stated that he has problems for the last several years and with the last rain it came close to going over his six-inch step at his front door. Glenda Keck was concerned about why the new subdivisions coming in aren't responsible for the drainage before they start building. Councilwoman Epperson replied by telling her that the council is giving geographical maps that show the natural flow of drainage and did not reflect the berm on the Borgfeld property. Chuck Balcar stated again that the developer has offered to pay for this. Councilwoman Epperson made the motion to disapprove the advertisement for drainage project on Sunflower. Seconded by Councilman Glisar. For: All, Against: None. K. Discussion/Action on"Letter of Support"for boundary change agreement between the Schertz- Cibolo-Universal City Independent School District and the East Central School District. Chuck Balcar briefed that the school district boundary lines are moving to include a small portion that is currently in the East Central School District. This will make it easier on the children not having to travel 26 miles each way to school and joint the children that already go to Clemens that live across the street. Councilman O'Brien made the motion to approve the authorization of the Mayor signing the Letter of Support to the school district. Seconded by Councilwoman Epperson. For: all, Against: None. 12. Comments A. City Staff— Chuck Balcar-Stated that the parks grant application is under way. Went to work with the honor students at Dobie,their working on the environmental assessment of the Park. Has a CRWA meeting on Friday, hopefully will have good news on the water line. Reminder that the first May Council Meeting in May will be held on May 7`"due to the canvassing of election. Keith Gilbreath— Stated that he gave the Planning and Zoning the zoning ordinance to review and make comments, it will take about three months to revise it. Rudy Klein— Stated that the city should start obtaining easements for future drainage issues. B. City Council—Councilman Glisar stated that when he decided not to run for re-election he went to Eddie Williams and asked him to run for his place. Fully supports him in the election. 4 n Councilman Campbell—Stated that the drainage channels need to be larger,Keith Gilbreath replied by saying he has already noted this. Councilman O'Brien— Stated that the citizens need to get out and vote, only 20 people had voted so far. C. Mayor-Stated that he was with Chuck Balcar at the Deer Creek Park with the Honor Science Students. They will also be making a presentation to the Council when they are completed. 13. Adjournment Councilman Glisar made the motion to adjourn at 9:11 P.M. Seconded by Councilwoman Epperson. For: All,Against: None. PASSED AND APPROVED THIS 7TH DAY OF MAY 2002. Charles Ruppert Mayor ATTEST: e ri in Ci Secretary