Min CC 03/15/1994 C I TY O F C I B O L O
M INUT E S O F C I TY COU N C I L ME E T I N G
THE CIBOLO CITY COUNCIL CONVENEd IN A REGULARLY SCHEDULED MEETING
ON TUESDAY, MARCH 15 AT 7 :30 P.M. AT THE CIBOLO MUNICIPAL
BUILDING, 109 SOUTH MAIN STREET, CIBOLO, TEXAS. THE FOLLOWING
WAS THE ORDER OF BUSINESS:
I . CALL TO ORDER at 8:00 pm
II . ROLL CALL.
All members present . Also attending were staff members Keith
Gilbreath, Phyllis Smith and Chuck Balcar and P and Z Chairman
Jerry Garrison.
III . INVOCATION.
Councilman Tex Farnsworth led the assemblage in prayer.
IV. PLEDGE OF ALLEGIANCE.
Mayor Sam Bauder led the pledge.
V. CITIZENS TO BE HEARD. (LIMIT 3 MINUTES EACH)
Resident B. J. Gray challenged the offer of 32 acres of drainage
by Austin developer Perry Blanton of Deer Creek. Mr. Blanton
wants the City to accept this greenbelt in lieu of dedicated park
land. Mr. Gray also expressed concern about the Police Chief's
performance of duty because of an existing condition in Thistle
Creek concerning a residents parking of a trailer at his home.
Mr. Gray recommended that the developer pay into a trust that
will be used to pay for maintenance of the area.
VI . CONSENSUS ITEMS:
A. MINUTES OF FEBRUARY 22 , 1994
B. APPROVAL OF VARIANCE FOR PLACEMENT OF TRAILERS
C. CHECK REGISTER
D. RESIGNATION OF PATROL OFFICER, UNPAID REGULAR
E. APPROVAL OF CITY ADMINISTRATOR TO SIGN ON CHECKS
Minutes of 2-22-94 had to be amended to reflect seconded of a
motion by Norman Fetterman (changed from Tex) . Tex .asked that we
honor the resigning patrolman at the next meeting. Motion to
approve all consensus items made by Tex, seconded by Jeff Miller.
Approved by all .
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page 2
VII . CREATE A SPECIAL PARK FUND FOR DONATIONS AND ACCEPTANCE
OF FUNDS FROM CIBOLO FEST COMMITTEE
Motion by Tex, seconded by Jeff . Mark Buell stated that we have
an ordinance that allows accepting funds for park improvements in
lieu of land. Also Cibolo Fest is making a contribution to this
fund. Chuck Balcar stated that these contributions can only be
used for parks related activities. Mr. Mark Vaughan of the Royal
Oaks Acres development made a contribution of $3,322 in lieu of
giving eight percent of his land. Norman also mentioned the $800
contribution from Cibolofest to be used for park benches.
Approved.
VIII . DISCUSSION/ACTION ON AMENDING POLICY ON REQUIREMENTS
OF BUILDERS TO PROVIDE PERFORMANCE BOND
Chuck read the passage to be changed taking the discretion to
require a performance bond of developers from the P & Z
Commission and give them only recommendation power. Authority to
require performance bonds and letters of credit would switch to
the City Council . He will bring the new language to be adopted at
the next meeting. Tex recommends approval , and Mark seconds.
Approved.
IX. DISCUSSION ON WIDENING OF DIETZ ROAD AND BRIDGE
Tex said. that we need to find out who owns the bridge. Keith has
received a letter from the Guadalupe County Roads Administrator
stated that half the road belongs to Schertz and half to Cibolo.
The Mayor recalled that both cities annexed up to the road but
the County wanted to the cities to take over the road. Tex
recalled a letter from Schertz that stated it was ours
(Cibolo's) . Mayor said the County told him of some State Law that
the County has not identified to the City.
All property owners along Dietz Road have stated intent to offer
10-feet of right-of-way. Thistle Creek developers have agreed to
pay for their portion. No others have agreed. Chuck is preparing
a grant application for $633, 900 for ICTEA money through the
Metro Planning Organization. Chuck said it is a two step process:
First, do we want the road, do we have to take it? Second, who
will pay for the improvements? . He said that the citizens already
living in Cibolo should not -be required to pay for the new
improvements required because of the developments.
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X. DISCUSSION ON DEVELOPMENT FEES AND DIRECTION ON
CREATING IMPACT FEES
Tex motioned to table because the City Attorney could not be
present . Mark seconds. Tabled until March 22 , 1994.
XI . APPROVAL OF FINAL PLAT FOR ROYAL ACRES SUBDIVISION
Planning and Zoning approved variance of curb and gutters
provisions and recommended approval of final plat.
Mark, Norman, and Tex discussed. the Woodland Oaks 60 foot right
of way that would not be improved- by the developer. Norman
cautioned that the City might eventually get stuck for the cost
of extending the road and putting in curbs and gutters .
Keith explained the Road Master Plan and why the City Engineer
recommended that the streets be curbed and guttered and Woodland
Oaks be finished out . Downside is that you have to keep traffic
on a road or- it breaks up. Mr. Vaughan wants to leave the areo-
unimproved.
Tex moved for approval , Claude seconded. Final Plat Approved by
all .
XII . APPROVAL ON ZONING FOR DEER CREEK SUBDIVISION
P and Z Commission recommended that division by zoned R2 except
for C-1 on 11 acres along 3009 and field notes to come within 30
days. Developers asks for variances on the cul de sacs.
Jeff motions for approval of zoning, Tex seconds. Specific use
permits will still be required for many types of businesses .
Approved.
XIII . APPROVAL OF PRELIMINARY PLAT FOR DEER CREEK UNIT 2
This area is bigger lots for larger homes along 3009. Chuck said
that Deer Creek is offering land in the flood plain as a
greenbelt in lieu of dedicating land for a park. Mr. Blanton of
Captex, the Deer Creek developer, stated that he could reclaim
about 20 of the 32 acres and build houses on it . This would
eliminate a lot of nice trees. He compared the drainage ditch to
the Riverwalk in San Antonio and Town Lake in Austin. He has done
three projects in the Austin area.
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Keith explained the problem of maintaining the ditch in the first
400 or 500 feet of the ditch. It would require special equipment
that the City does not currently own. Ed Ford has not yet given a
recommendation on accepting the property.
Tex asked the developers to work to pacify concerns that have
been expressed by the Council and some citizens in attendance. Mr
Blanton stated that he would come back before final plat approval
with some concessions. He restated that he -could stil-1 channelize
the whole thing and reclaim another 20 acres for development.
Mark pointed out the area in question was a greenbelt and not a
park and that the developer should still include some park area
so that children were not invited to play in a drainage ditch.
Tex moves for approval , Norman seconds.
_ XIV. DISCUSSION/ACTION ON CREATING A TEXPOOL ACCOUNT
Motion to create an account made by Tex, seconded by Jeff .
Approved.
XV. COMMENTS BY COUNCIL MEMBERS.
Norman mentioned that Cibolo Fest has approved a contribution
for park bleachers. A, total of $800 will come from the committee,
$1200 from the budget, and the rest from a contribution by Royal
Oaks Acres developers.
Tex discussed the upcoming TML meeting at Live Oak. He asked
citizens be tolerant of the temporary noise caused by the
builders.
Mark asked Chuck to check with other communities to see if there
is anything that can be done to control the noise created by the
on going development.
Tex said that the Police are doing a great job.
Claude discussed the donation of the flag pole and flag at City
Hall and asked for recognition for the donor.
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XVI . COMMENTS BY STAFF.
Chuck acknowledged that Keith had passed all State tests and was
now a certified Code Enforcement Officer. The City has until
April 15th to decide if it wants to become a regulatory city.
CEI knocked down the mound in front of Shucg' s Beergarden and
the Windmill Restaurant
Keith got an agreement from TEXDOT and CEI to restore South Main
because of the destruction done by their heavy equipment. We
wrote letter to USF&G stating that REL had not completed work on
Main Street.
City Attorney Ron Flake mentioned that it would be expensive and
time consuming to prepare to become a regulatory City.
XVII . COMMENTS BY MAYOR.
There are funds available for TML conference in Live Oak.
XVIII . ADJOURNMENT.
Tex moved for adjournment.
APPROVED AND ADOPTED ON THIS 22ND DAY OF MARCH, 1994
SAM BAUDER
MAYOR
ATTEST:
a G-� C,
CHARLES BALCAR, CITY SECRETARY/
CITY ADMINISTRATOR