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Min CC 09/14/2004 y REGULAR CITY COUNCIL MEETING CIBOLO MUNICIPAL BUILDING 200 S.MAIN September 14,2004 7:00 P.M. MINUTES 1. Call to Order—Mayor Ruppert called the meeting to order at 7:22 P.M. 2. Roll Call—All members of council were present. 3. Invocation—Councilman Campbell gave the invocation. 4. Pledge of Allegiance—Mayor Ruppert led the Pledge of Allegiance. 5. Citizens to be Heard-This is the opportunity for visitors and guests to address the City Council on any issue. City Council may not discuss any non-agenda issue,nor may any action be taken on any non-agenda issue at this time. (Attorney General Opinion—JC-0169) (Limit of three minutes each) Roy -Stated that he was here to speak concerning the tree program in Bentwood Ranch. Would be placing two Live Oak trees per lot and they would not interfering with transportation code. Ed Ling—Spoke concerning the rezoning request and the big old trees that are currently located there. 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 so requests,in which case the item will be removed from the consent agenda and will be considered as part of the order of business.) A. Approval of the Minutes of the City Council Public Hearing on August 24,2004. B. Approval of the Minutes of the City Council Meeting on August 24,2004. C. Approval of the Minutes of the Budget Workshop on August 31,2004. D. Approval of the Minutes of the Town Hall Meeting on August 31,2004. E. Approval of the check registers for August 2004. F. Approval of waiving the park fees for Cibolo Fest on October 1-3,2004. Councilwoman Gray made the motion to approve the consent agenda items. Seconded by Councilwoman Hartman. For: All,Against:None. 7. Consent Agenda-Builder Items A.Approval/Disapproval of a Replat for Willowbridge II Subdivision,Unit 2. B. Approval/Disapproval of accepting a bond from Centex Homes for Falcon Ridge,Unit 7,for$1,074,329.00. Councilman Sutton pulled item B from the consent agenda. Stated that he would like to table this item. Councilman Campbell made the motion to approve the builder consent agenda item A. Seconded by Councilwoman Hartman. For:All,Against:None. Councilman Sutton made the motion to table item B. Seconded by Councilwoman Hartman. For:All,Against:None. 8. Presentation Presentation from Eddie Williams to update the city on Canyon Regional Water Authority.(CRWA)issues. Eddie Williams gave an update on CRWA and also their budget. Their budget was in excess of nine million dollars. Eddie Williams broke the budget down by construction,insurance, employees,legal fees and other items. Also gave an -update on the project of the pipeline. Councilman Sutton gave some additional comments. Stated that Eddie Williams is the vice chairman of the board and has been reappointed for this additional year. 9. Discussion/Action Builder Items) A.Approval/Disapproval of a tree program for Bentwood Ranch,Unit 2,enabling them to implement a tree program in the city right of way,located along Royal Troon Dr. Planning and Zoning recommended approval. Councilman Campbell made a comment about why this was on the agenda. Councilwoman Gray agreed that it was not necessary to put on the agenda as they were grandfathered in the landscape and tree preservation Ordinance#638,and that only newly master planned subdivisions need city approval. Councilman Sutton made the motion to approve the tree program for Bentwood Ranch,Unit 2. Seconded by Councilwoman Hartman. For:All,Against:None. B. Approval/Disapproval on a proposed R2-B zoning of a 60.5 acre tract of land situated in the City of Cibolo, Guadalupe County,Texas,out of the William Brackin Survey no. 65, abstract no. 57, and being out of a n 85.61 acre tract recorded in Vol. 851,Page 781,and out of a 64.6 acre tract recorded in vol. 195,pages 580-582; and out of a 55.06 acre tract recorded in vol. 701,pages 416-421; and out of a 23.42 acre tract recorded in vol. 851,page781,all in the deed recorded, Guadalupe County,Texas. Planning and Zoning recommended.approval with a small portion remaining on its original zoning.Lots would go from 13 to 10.Councilwoman Hartman asked about the square footage of the home and the exterior. Richard Haynes stated that the homes would be at least 1000 square feet and at least front brick. Councilman Sutton made a statement about the location of the larger homes being by the front entrance and backing up to current property. Councilman Sutton made the motion to approve the R2-B Zoning of a 60.5 acre tract of land with contingent 3—4 acres remain R-1. Seconded by Councilman Campbell. For:All,Against:None. C. Approval/Disapproval on a proposed R-2 zoning of a 10.06 acre tract of land situated in the City of Cibolo, Guadalupe County,Texas,out of the William Brackin Survey No. 65,Abstract no,. 57,and being out of an 85.61 acre tract recorded in Vol. 851,page 781;and out of a 23.42 acre tract recorded in vol. 851,page 781,all in the deed records,Guadalupe County,Texas. Planning and Zoning recommended approval. Councilwoman Gray made the motion to approve the R-2 Zoning of a 10.06 acre tract of land. Seconded by Councilman Troncoso. For: All,Agaisnt: None. D. Approval/Disapproval on a proposed R-2 zoning of a 2.28 acre tract of land situated in the City of Cibolo, Guadalupe County,Texas, out of the William Brackin Survey no. 65,abstract no. 57,and being out of a 64.6 acre tract recorded in vol. 1295,pages 580-582; in the deed records,Guadalupe County,Texas Planning and Zoning recommended approval. Councilman Troncoso made the motion to approve the R-2 Zoning of a 2.28 acre tract of land. Seconded by Councilman Campbell. For:All,Against: None. E. Approval/Disapproval on a proposed R-3 zoning of a 29.6 acre tract of land situated in the City of Cibolo, Guadalupe County,Texas,out of the William Brackin survey no. 65,abstract no. 57, and being out of an 85.61 acre tract recorded in vol. 851,page 781; and out of a 64.6 a acre tract recorded in vol. 195,pages 580-582;and out of a 55.06 acre tract recorded in vol. 701,pages 416-421; and out of a 23.42 acre tract recorded in vol. 851,page 781,all in the deed records,Guadalupe County Texas. Planning and Zoning recommended approval. Councilman Troncoso made the motion to approve the R-3 Zoning of a 29.6 acre tract of land. Seconded by Councilwoman Hartman. For:All,Agaisnt:None. F. Approval/Disapproval on a proposed R-3 zoning of a 7.7 acre tract being 60.5 acres of land situated in the City of Cibolo,Guadalupe County,Texas,out of the William Brackin Survey No. 65, abstract no. 57,and being out of an 85.61 acre tract recorded in vol. 851,page 781; and out of a 23.42 acre tract recorded in vol. 851,page 781,all in the deed records, Guadalupe County,Texas. Councilman Troncoso made the motion to approve the R-3 Zoning of a 7.7 acre tract. Seconded by Councilman Sutton. ' a For:All,Against: None. 10. Discussion/Action(General) A. Discussion/Action on Approval/Disapproval of certifying statement,which states compliance with Chapter 395, Texas Local Government Code,regarding Impact Fees. Councilman Sutton made the motion to approve the certifying statement,which states compliance with Chapter 395 Texas Local Government Code,regarding Impact Fees. Seconded by Councilman Troncoso. For:All,Against:None. B. Approval/Disapproval of rescinding disapproval vote on the budget from August 24,2004 council meeting. Councilman Sutton stated that he did not feel this was necessary after speaking with the attorney general's office and after reading the opinion from our city attorney. However in the past he has said that if the outcome is going to be the same we should err on the side of caution. Councilman Sutton made the motion to approve rescinding the disapproval vote on the budget from the August 24,2004 council meeting. Seconded by Councilwoman Hartman. For:All,Against:None. C.Approval/Disapproval of changes to the City of Cibolo FY 2004-05 Budget. Changes to the budget were is as follows: - design standards$10-12,000 - $60,000 for the matching grant - move funds for economic developer position to professional service$30,887(Not professional services, create a line item for this. These funds are to be committed and expended by council not city staff) - proposed tax rate is$.2695/100.00 - The increase of dollars raised from the .2695 tax rate would go into capital improvements for streets The riew total budget amount will become$7,355,909. Councilwoman Hartman made the motion to approve the above changes to the budget. Seconded by Councilwoman Gray. For:All,Against:None. 11. Ordinance A. Approval/Disapproval of an Ordinance approving the City of Cibolo FY 2004-05 Budget. Councilwoman Hartman made the motion to approve the ordinance approving the City of Cibolo FY 2004-2005 Budget. Seconded by Councilman Campbell. For:All,Against:None. B. Approval/Disapproval of an Ordinance approving the City of Cibolo FY 2004-05 Property Tax rates. Councilman Campbell made the motion to approve the ordinance approving the City of Cibolo FY 2004-05 Property Tax Rate. Seconded by Councilwoman Hartman. For:All,Against:None 12. Election A. Approval/Disapproval of Certification/Canvassing the September 11,2004 Home Rule Charter Election results. B.Approval/Disapproval of an Ordinance to enter an order in the records of the municipality declaring that the charter is adopted in accordance with Texas Local Government Code, Section 9.005(b). Items 12A and B were pulled from the agenda. Canvassing must be completed between the 8h and 11th day after the election. 13. Executive Session: ` Pursuant to L.G.C. Section 551.074,Personnel Matters of Texas Government,the City Council will discuss contract terms for the new city administrator/manager. Council went into executive session at 8:25 P.M. 14. Open Session Approval/Disapproval of contract terms for the new city administrator/manager. Council reconvened at 10:23 P.M. Councilman Campbell made the motion to approve the contract terms that were discussed. Seconded by Councilwoman Hartman. For:All,Against: None. 15. Comments A. City Staff—Yvonne Griffin spoke about the mural information for behind the council. B. Commissioners—Gary Kelly stated that there will be a masterplan workshop,right after the Planning and Zoniong Meeting next Tuesday. C. City Council—Councilman Sutton stated that he was happy about the results of the City Manager search and the budget end results. Councilman Troncoso—Feels that a lot has been accomplished concerning the budget. Also ordered from TML the handbook for Elected Officials for Home Rule Cities. Councilwoman Hartman—Thanked everyone for their active input in the budget this year. Councilman Campbell—Asked if the drainage pipes across from Dobie Jr High can be moved. Spoke about the entrances in the new subdivisions and how difficult it is to get around them. Thank Eddie Williams for a job'well done with CRWA. Asked for an update on Dietz Road. D. Mayor—Mayor Ruppert stated that.Cibolofest Committee is asking council and all commission to donate items for the silent auction. Also asked about a Special meeting for the canvassing election. Stated that he would set it for 6:45 P.M. on Tuesday,right before the Planning and Zoning Meeting. 16. Adjournment Councilman Campbell made the motion to adjourn at 10:35 P.M. Seconded by Councilman Sutton. For: All,Against: None. PASSED AND APPROVED THIS 28TH DAY OF SEPTEMBER 2004. 40##r Charles Ruppert Mayor ATTEST: rS Yl'�,f(1�Griffmretary