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Min CC 03/26/2002 t REGULAR CITY COUNCIL MEETING CIBOLO MUNICIPAL BUILDING 109 S. MAIN March 26, 2002 7:00 P.M. MINUTES 1 Call to Order-Mayor Charles Ruppert called the meeting to order at 7:05 P.M. 2. Roll Call-All members of council 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 Susan Gr av-Stated that she was a 8 year resident and is concerned with the run off drainage problem due to the construction of The Ridge of Deer Creek,which started in September. Stated that she gave pictures to Chuck Balcar and he promised her that something would be done. Robert Arenas then constructed a dirt mound, a temporary solution, which has since been flattened. Don Nickel- Stated that he has been a citizens for the last 21 years,voted this year for the Change and hope he sees one. Is concerned with drainage problem and that his neighbor being him has built a berm to help him with flooding. Stated that he is also concerned about when the time behind comes to sell his property, that it will be difficult with the flooding. David Metiz- Spoke during item 9N. Stated that the Greenbrook subdivision was going to effect his property if the drainage problem is not reviewed. Stated that he did not have a problem giving a drainage easement to the city if required. Carlos Alvarado -Stated that since September every time it rains between one to two inches he gets flooded. This has never happened before this time only during the flood of 97 and now every time it rains. Jeff Smith- Stated that he has purchased the corner lots on Sunflower and is concerned about building because of the flooding. His lot is underwater every time it rains. Joe Garza-Wanted to know why Eagle Construction wasn't on the agenda, after being told they would be. Mayor Ruppert replied by saying they were due in court on Thursday for their violation to City ordinance. Lewis Bor feld-Questioned about when the Cibolo Valley Drive was going to be completed. Asked if the stakes on the road were for the road? Chuck Balcar replied saying that the stakes were being used by the church for their tents for Easter Service. 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. Consideration and Approval of March 12,2002 Minutes of the City Council Regular Meeting. B. Acceptance of Resignation from Police Officer Phillip Callahan. C. Consideration and Approval of Appointment of a police officer,Kevin Neal,to begin on April 1, 2002. ` No discussion. Councilman Pat O'Brien made the motion to approve the consent agenda items. Seconded by_ Councilwoman Cathy Duggar. For: All,Against: None. 7. Proclamations Presentation of Proclamation,for Supporting Child Abuse Prevention Month. Mayor Ruppert read/presented the Proclamation for Supporting Child Abuse Prevention Month to Starlet Foley. She then thanked everyone for their support. 8. Resolutions A. Consideration of Approval/Disapproval of a Resolution to call for Public Hearings to consider Annexation for two Flag Lot, being 1.24 acres situated in the James Jones Survey,Abstract No. 194, Guadalupe County, Cibolo,Texas,and being out of Tracts.2 and 3,Van Horn Subdivision as recorded in Volume 1433,Page 364,Mr. Larry Vivian and Mr.Ruben Hernandez. Chuck Balcar briefed that signatures had not been received for this annexation request, suggested tabling item till signatures are received. Councilman Jeff Campbell made the motion to table item till signatures are received. Seconded by Councilman O'Brien. For: All,Against: None. B. Consideration of Approval/Disapproval of a Resolution to call for Public Hearings to consider Annexation for(Miller Tract),being 11.37 Acres situated in the James Jones Survey,Abstract No. 194, Guadalupe County, Cibolo Texas. Chuck Balcar briefed that this property is located on one side of the flag lots and the city's five acre tract. Developer is working to take Cibolo Valley Drive around the current tree growth. Mayor Ruppert briefed that the public hearing will be held on the 9th and 23rd of April at 6:30 P.M. at City Hall. Councilwoman Carolyn Epperson made the motion to approve the resolution setting a public hearing on 9th and 23rd of April at 6:30 P.M. Seconded by Councilwoman Duggar. For: All, Against: None. C. Consideration of Approval/Disapproval of a Resolution to call for Public Hearings to consider Annexation for(Schlather/Mueller Tracts),being 72.85 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 72.85 acres being in the James Jones Survey, Abstract No. 194,Guadalupe County, Cibolo, Texas. Chuck Balcar stated that this would be known as Greenbrook Subdivision, currently known as the Orth Tract. Mr. Mueller's tract is located inside Mr. Schlather's tract. Councilman Glisar made the Motion to approve the resolution setting a public hearing on 9th and 23rd of April at 6:30 P.M. Seconded By Councilwoman Epperson. For: All, Against: None. D. Consideration of Approval/Disapproval of a Resolution to call for Public Hearings to consider Annexation of 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 resolution setting a public hearing on 9th and 23rd of April at 6:30 P.M. Seconded by Councilman Campbell. For: All, Against: None. E. Consideration of Approval/Disapproval of a Resolution to call for Public Hearings to consider Zoning for Springtree Subdivision being 87.15 acres of land in Guadalupe County Texas, out of a 92.371 acre tract of land recorded in Volume 999,Page 60, Deed Records of Guadalupe County,Texas • Councilman Campbell made the motion to approve the resolution setting a public hearing on 9th and 23rd of April at 6:30 P.M. Seconded by Councilman O'Brien. For: All,Against: None. F. Consideration of a Resolution to call for Public Hearings to consider Zoning for David Meditz Property being 11.78 acres (513,137 square feet) of land out of 16.78 acre tract conveyed to Willie Krueger recorded in Volume 46,Page 383 of the Deed Records of Guadalupe County, Texas, said 16.78 acre tract being known as tract No. 6 of Krueger 100.65 acres situated in the Trinidad Garcia Survey, Abstract 137, Guadalupe County, Texas. Chuck Balcar stated that Mr. David Meditz is requesting C-1 Commercial zoning for his property located off of Kove Lane. Councilwoman Duggar made the motion to approve the resolution setting a public hearing on 9th and 23rd of April at 6.30 P.M. Seconded by Councilwoman Epperson. For: All,Against: None. G. Consideration of a Resolution designating Mayor Charles Ruppert to make application with the Texas Parks and Wildlife Commission for$50,000 in matching funds for improvements in Phase I of Deer Creek Park. Chuck Balcar briefed that this is the second step of many in the long process of getting a second park in Cibolo. Councilman O'Brien made the motion designating Mayor Charles Ruppert to make application with Texas Parks and Wildlife Commission for$50,000 in matching funds. Seconded by Councilman Campbell. For: All,Against: None. H. Consideration of Approval/Disapproval of a Resolution to call for a Public Hearing to discuss improvements to Deer Creek Park,Phase I. Chuck Balcar briefed that this was another step in the process of getting a grant,this would also allow citizens to comment on project. This will be part of the regular council agenda on April 9, 2002. Councilwoman Epperson made the motion to approve the resolution to call a Public Hearing on April 9th as part of the regular council agenda. Seconded by Councilman Campbell. For: All, Against: None. 9. Discussion/Action A. Discussion/Action on Approval/Disapproval of a variance request from Continental Homes to install a flagpole which exceeds the maximum height limitations of 25' as regulated by Ordinance #548 ("The Sign Ordinance"). Terry Boeck, of Continental Homes, briefed that they are requesting a variance to the maximum height of a flagpole. Apologized for installing before pulling permit, stated that they did not know the requirements. Councilwoman Epperson stated that she had spoke to Mr. Boeck earlier and they will take the flagpole down when the sales office is closed. This would be about 3 %2 years. Councilwoman Epperson made the motion to approve the variance request for Continental where it is currently located and at 50 feet. Seconded by Councilman Glisar. For: Councilman Glisar, Councilman O'Brien, Councilwoman Epperson, and Councilman Campbell. Against: Councilwoman Duggar. B. Discussion/Action on Approval/Disapproval of approval of a variance request from KB Homes to install flagpole which exceeds the maximum height limitations of 25' as regulated by Ordinance #548 ("The Sign Ordinance"). David Fuller, KB Home, stated that he had a similar situation as Continental Homes but was stopped during installation by Lee Perry, Code Enforcement Officer. Stated that KB Home would like to place their flag on a hill due to their location, it would be difficult to see from FM 3009 or IH 35. Stated that they would remove the flag upon 90%of completion of sales, about two years. Motion 1: Councilman O'Brien made the motion to approved the variance at 60 feet. Seconded by Councilman Glisar. For: Councilman O'Brien and Councilman Glisar. Against: Councilwoman Epperson, Councilman Campbell, and Councilwoman Duggar. Motion 2: Councilwoman Epperson made the motion to approve the variance at 50 feet. Seconded by Councilman Glisar. For: Councilwoman Epperson and Councilman Glisar. Against: Councilman O'Brien, Councilman Campbell, and Councilwoman Duggar. Councilman O'Brien stated that due to their location they should be granted their variance, especially since one was just approved for Continental. David Fuller stated the he didn't understand why Continental could their approved after the work was started and him follow and get his request refused. Motion 3: Councilman O'Brien then made the motion to approve the variance at 49'11 feet. Seconded by Councilman Glisar. For: Councilman O'Brien, Councilman Glisar and Councilwoman Epperson. Against: Councilman Campbell and Councilwoman Duggar. C.Discussion/Action/Presentation on recent meeting with landowners in the Town Creek East watershed regarding sanitary sewer and water line extension and estimated cost per Living Unit Equivalency. Chuck Balcar briefed that a meeting was held with land owners regarding water and sewer hookup. Rudy Klein has calculated the amount the homeowners will have to pay for several different sizes depending on what the city goes with. The amount they will pay depends on the Living Unit Equivalency (LUE's) . The land owners were briefed that they would have to pay for the service before it is actually received, like a deposit reserving their space in the pipe. A total of 75 customers were contacted and between 12- 15 are interested. Need direction from Council to continue with a drop date for the project. Councilman O'Brien made the motion for the staff to continue working on project with a completion date of May 14, 2002. Seconded by Councilman Campbell. For: All, Against: None. D. Discussion/Action on directing staff to advertise for street/road/drainage projects. Chuck Balcar briefed that Rudy Klien was going to be late tonight, request putting a hold on item till he arrives. Councilman Glisar made the motion to move item till Rudy Klein arrives. Seconded by Councilman O'Brien. For: All Against: None. Item was discussed after item 9E. Rudy Klein started with the drainage problem with Sunflower. He stated that he has been working with Don McCrary, Deer Creek, on this problem. He said that they have come up with several different alternatives to include making the ditch wider or doing a inverted crown to slow the flow down. Mayor Ruppert stated that this would need to be done as a separate bid request as the street projects. He thanked all the citizen of Sunflower for their comments and that their situation will be look into. Rudy Klein briefed that the bid specification packets are about 95%complete and propose a opening date of May 1, 2002,Wednesday, with ads being placed in the paper on April 10th and 17th. Then bring recommendation to council on May 14 for awarding of contract. Councilwoman Duggar made the motion to direct advertising of street project with a bid opening date of May 1, 2002 and to make the drainage problem on Sunflower a separate issue. Seconded by Councilman Campbell. For: All, Against: None. E. Discussion/Action to approve an annexation for the 49.21 Acre Tract described as 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,Bob Dean Property. Mayor Ruppert briefed that this item was discussed during the public hearing. All requirements have been met and is requesting R-3 Zoning. Chuck Balcar briefed that the Planing and Zoning had issues with streets, but recommended approval. Councilman Campbell made the motion to approve the annexation of the 49.21 Acre Tract described as being 49.21 acres of land situated in the B. Cannon Survey, Abstract No. 95,Guadalupe County,Texas being out of a 228.5 tract as record in Volume 1258,Page 343. Seconded by Councilwoman Duggar. For: All,Against: None. F.Discussion/Action on a proposal by Chesley Swann to reach agreement on required sewer improvements for a proposed subdivision near the intersection of FM 78 and South Main Street. Chuck Balcar briefed that Chesley Swann is wanting to place a lift station on his property and due to the cost it would not be economically feasible for him to put one by Haeckerville also. Chuck Balcar briefed that hopefully CRWA will be on line before this area is ready for development but if not they would need temporary water. Rudy Klein stated that he just received the information and would need to review and figure the best place for lift station/s. Chuck Balcar recommended tabling item till Rudy Klein can get back with the city on his recommendation. Councilman Campbell made the motion to table till Rudy Klein get back with the city with his recommendation and comments. Seconded by Councilwoman Duggar. For: All,Against: None. G. Discussion/Action on authorizing staff to prepare grant application with the Texas Parks and Wildlife for Deer Creek Park and to conduct an environmental assessment of the property. Chuck Balcar stated that this was one step to getting the park grant, also the city will have to get a environmental assessment which will cost approximently$500.00. Councilwoman Epperson made the motion to direct staff to prepare grant application with the Texas Parks and wildlife for Deer Creek park and conduct an environmental assessment of the property. Seconded by Councilwoman Duggar. For: All,Against: None. H. Discussion/Action on Approval/Disapproval of revised Master Plan for Willowbridge Subdivision Rick Pierce, Centex, briefed that changes were made to the road layout because of drainage issues. Three lots were lost due to these changes. Councilwoman Duggar made the motion to approve the revised Master Plan for Willowbridge Subdivision. Seconded by Councilman Campbell. For: All, Against: None. I. Discussion/Action on Approval/Disapproval of Master Plan for Willowbridge Subdivision H. Rick Pierce, Centex, stated that-this was discussed during the Public Hearing,this is the Dean Tract portion. It has several connection roads for future growth. Councilwoman Duggar made the motion to approve the Master Plan for Willowbridge Subdivision IL Seconded by Councilman O'Brien. For: All, Against: None. J. Discussion/Action on Approval/Disapproval of Preliminary Plat for Northcliffe II Subdivision Unit 1A(access right-of-way). Keith Gilbreath stated that this is a non-controversial piece of land, it is in our ETJ. Chief Mark Riffe is currently working with the Chief of Police in Schertz for access to this area. Councilman O'Brien made the motion to approve the preliminary plat for Nothcliffe II subdivision Unit IA (access right-of-way). Seconded by Councilwoman Duggar. For: All,Against: None. K. Discussion/Action on Approval/Disapproval of preliminary subdivision plat for Unit 3 of Willowbridge Subdivision I. Keith briefed that street names need to be approved and City Engineer Rudy Klein still needs to review. Mayor Ruppert asked Rick Pierce about drainage problems. He responded by saying this would be considered and most drainage would end up going down Weiderstein. Councilman Glisar made the motion to approve the preliminary subdivision plat for Unit 3 of Willowbridge Subdivision I. Seconded by Councilwoman Duggar. For: All,Against: None. L. Discussion/Action on Approval/Disapproval of preliminary subdivision plat for Unit 5 of Willowbridge Subdivision I. Keith Gilbreath briefed that Planning and Zoning saw a different preliminary,the drainage has been changed. The set backs will be 18 feet instead of 25 feet due to the donation of land to the city. Still requires engineer approval. Councilman O'Brien made the motion to approve the preliminary subdivision plat for Unit 5. Seconded by Councilwoman Epperson. For: All,Against: None. M. Discussion/Action on Approval/Disapproval of preliminary subdivisions plat for Unit 1 of Willowbridge Subdivision II. Chuck Balcar stated that this is the area that was annexed tonight. Keith Gilbreath stated that they will pay impact fees and there are address changes that need to be completed. Councilman Glisar made the motion to approve the preliminary subdivision plat for Unit of Willowbridge Subdivision II with street name changes. Seconded by Councilwoman Duggar. For: All,Against: None. N. Discussion/Action on Approval/Disapproval of the Master Plan for Green Brook Subdivision. Keith Gilbreath briefed that this is the area known as the Orth Tract,currently proposed for annexation and C-1 Zoning. Chuck Balcar briefed that the drainage could be a problem. Planning and Zoning suggested to the builder to put up a brick wall around the subdivision,they are considering this. This subdivision will have a combination of 50 and 80 feet lots. Also suggested C- 1 Commercial Zoning to this area due to the Johnston Tract going to be Commercial. Councilman Campbell recommend approval of the Master Plan for Green Brook Subdivision. Seconded by Councilwoman Epperson. For: All,Against: None. O. Discussion/Action on Approval/Disapproval of the Preliminary Plat for Unit 1 for Green Brook Subdivision. Keith Gilbreath briefed that street names and signature blocks are missing on the Plat, and it still requires Engineer Approval. This is also part of the Orth Tract,and impact fees will be collected. Councilwoman Epperson made the motion to approve the Preliminary Plat for Unit 1 for Green Brook Subdivision. Seconded by Councilwoman Duggar. For: All,Against: None. P. Discussion/Action on Agreement with Guadalupe County for compliance with FIB 1445 and designating the City of Cibolo as the primary governmental Unit to approve all subdivision platting activity in the Extra Territorial Jurisdiction(ETJ)of the City of Cibolo; and giving precedence to the ordinances of the City of Cibolo in all matters relating to subdivision and platting in the ETJ of Cibolo. Mayor Ruppert stated that this was on the county commissioner's agenda today and no one has the results from it. Chuck Balcar stated that he and Keith Gilbreath tried on several occasions to find out the results,with no response. Mayor Ruppert stated that he has talked to several other cities and they are going to take control of their ETJ's. Chuck Balcar stated that he thought it would be good to take the same action as the commissions court. Councilman O'Brien made the motion to have the City of Cibolo take control of the city's ETJ's,if it is in agreement with Commissioners Court on the HB 1445. Seconded by Councilman Campbell. For: All, Against: None. Q. Discussion/Action on re-bid for a used Street Sweeper, and reject current bids. Chuck Balcar briefed that only one bid was received and it was several thousands of dollars over the budgeted amount. Recommended rejection of bids with a new bid opening of April 5, 2002. Councilwoman Epperson made the motion to reject current bid received on the Street Sweeper and re-advertise with a bid opening date of April 5, 2002. Seconded by Councilman O'Brien. For: All, Against: None. R. Discussion/Action on purchase of Edwards Water Rights from RWRDG. Mayor Ruppert stated that the deadline for this application was April 15,2002. Chuck Balcar stated that we were on course with the water rights we have at the current time and will probably sublease our RWRDG rights when the city receives it's water from CRWA. Councilwoman Duggar made the motion to decline the April water offering. Seconded by Councilwoman Duggar. For: all,Against: None. I S. Discussion/Action on designating attendees for the Texas Municipal League Region 7 Spring meeting in Leon Valley on April 5`h from 6:00 to 9:00 p.m. Councilwoman Epperson and Councilman Campbell stated that they would go to this meeting. Councilwoman Epperson made the motion appointing herself and Councilman Campbell to attend this meeting. Seconded by Councilman Campbell. For: All,Against: None. 10. Comments A. City Staff Chuck Balcar-Stated that he attended the ground breaking ceremony in Selma,there were several guest speakers. Mr.Tolle came by and wanted to put up signs in the park concerning the sausage suppers. Electronic Locks were installed today at City Hall,Park and Police Department. Mark Riffe - Stated that for the month of February they collected on 37 warrants worth $7590.00 B. City Council Councilwoman Duggar-Asked if the City Administrators contract review was going to be on the next agenda. Mayor Ruppert replied that is was. Made recommendation to place something about permit procedures in the next newsletter. Asked about ordinance on Setback requirements that Lee Perry redid. Charles Balcar responded saying that they were waiting on the city attorney. C. Mayor-None. 11. Adjournment Councilman Glisar made the motion to adjourn at 10:18 P.M. Seconded by Councilwoman Epperson. For: All,Against: None. PASSED AND APPROVED THIS 9TH DAY OF APRIL, 2002. Charles Ruppert Mayor ATTEST: Aiv�o&ne Tiffin dj ty Secretary