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Min CC 05/25/2004 t, REGULAR CITY COUNCIL MEETING CIBOLO MUNICIPAL BUILDING 109 S.MAIN May 25,2004 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 O'Brien 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) 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 City Council Public Hearing on May 11,2004. B. Approval of the Minutes of Regular City Council on May 11,2004. C. Approval of the hiring of Alton Ard to Public Works. D. Approval of accepting Bede Ramcharan resignation from Planning and Zoning Commission. E. Approval of the canvassing of the 2004 city election. (Place 1—Jennifer Hartman 235,Eddie Williams 146, Place 2— Jeff Campbell 226,Robyn Jones 153,Place 5 -Miguel Troncoso 212,Pat O'Brien 178) Councilwoman Gray pulled item 6B. Councilwoman Gray made the motion to approve items A,C,D and E. Seconded by Councilman O'Brien. For:All,Against:None. Councilwoman Gray stated that she would like what Councilman O'Brien stated at the last meeting to be placed in the minutes word for word. Mayor Ruppert stated that the minutes are for a brief summary of the meeting. Councilwoman Gray made the motion to approve item 6B. Seconded by Councilman Campbell. For: All with the exception of Councilwoman Gray who voted against approval. 7. Consent Agenda—Buildin Ig_tems A. Approval of Preliminary/Final Subdivision Plat for Cibolo Vista Phase 1.(P&Z recommended Approval) B. Approval of Final Subdivision Plat for Lantana,Unit 3.(P&Z recommended Approval) C. Approval of Final Subdivision Plat for Saddle Creek Ranch,Unit 1. (P&Z recommended Approval) D. Approval of a replat of 816 N Main Street into three lots,establishing Buell Subdivision. (P&Z recommended Approval) Staff pulled item 7A and Councilwoman Gray pulled item D. Councilman O'Brien made the motion to approve items 7 B and C. Seconded by Councilman Campbell. For: All,Against:None. Chuck Balcar stated that the construction plans were not received in time for the engineer to approve. The ordinance does not say that the plans have to be approved but advises it. Ed Beasley stated that if it gets approved it will not get signed until the construction and street names have been approved. Councilwoman Gray asked if the 20 foot street dedication is labeled ROW. Spokesperson for the developer replied yes. Councilman Sutton made the motion to approve 7A. Seconded by Councilman O'Brien. For: All,Against: None. Councilwoman Gray asked what type of subdivision this would be and if zoning would change. Paul Buell stated that the property is currently 2 pieces and would like to make it three pieces and zoning would remain"Commercial". Councilwoman Gray made the motion to approve item 7D. Seconded by Councilman Williams. For:All,with Councilman O'Brien Abstaining. 8. Discussion/Action—Building Items Approval/Disapproval of a variance request by Centex Homes for a front setback from 25' to 15' on the following address located in Willowbridge Subdivision Unit 1,2 and 3: (P&Z recommended Approval) A. 101 Willow Brook B. 100 Spring Willow C. 104 Hanging Moss Dr. D. 100 Bridge Crossing E. 141 Weeping Way Barbara Kanute,Centex homes,gave an update to council concerning this variance request. Councilman O'Brien made the motion to approve the variance request. Seconded by Councilman Campbell. For:All,Against:None. 9. Discussion/Action A. Approval/Disapproval on a MH zoning request by Mr.Brian Weatherly for a 31.540 acre tract of land out of the Geronimo Leal Survey No. 85,and also being out of a tract called 25 acres as described in Volume 386,Pages 397- 398 of the Deed Records, and out of a tract called 23.644 acres,said 23.664 acre tract being out of a 77.995 acre tract described in Volume 393,Pages 550 and also out of a tract called 15.884 acres as described in Volume 437, Pages 231 of the Deed Records of Guadalupe County,Texas. Mayor Ruppert stated that both public hearings have been met. Councilman Campbell asked Kara if she would be willing to change just a portion of her property, she stated that she would. There was discussion concerning the zoning in the surrounding area. Councilman Sutton made the motion to table item to after item 13B. Seconded by Councilman O'Brien. For:All,Against:None. Kara stated that they took the lot and drawn in an area that would be MH. Linda Cowan stated that she has a custom home property and her other neighbors are going to get custom home built. Just wanted to clarify that her home is not a manufactured home. Chuck Balcar stated to Linda Cowman that the best way to help her concern with her property is to rezone her property for the future. Chuck Balcar stated that the council could amend the RU zoning,which would allow one home on a 2 acre lot. Currently this does not allow MH but could be revised to allow this. This would be stricter,than a subdivison with a R-3 Zoning. Councilman Campbell made the motion to approve the rezoning to MH per the drawing with its dimensions. Seconded by Councilwoman Gray. For: All,Against:None. B.Exchange of approximately five acres of land for a similar amount of land. Subject property is owned by the city and is near the intersection of Green Valley Road and Cibolo Valley Drive.The exchange will allow the developer of the Green Brook Subdivisions(Charleston Park and Braewood)to complete a section of Cibolo Valley Drive and begin construction of a municipal park on the property to be traded to the City of Cibolo. Item was tabled due to no bids at the last meeting. Councilman O'Brien made the motion to approve. Seconded by Councilman Campbell. For:All,Against: None. 10. Presentation Presentation of plaques to Councilmen O'Brien and Williams. Mayor Ruppert presented plaques to outgoing Councilmen O'Brien and Williams. Councilman O'Brien thanked the public for their support. Councilman Williams stated that he enjoyed working with the council and staff. Also thanked the citizens for their vote to get him this last term and those who voted for him this time. 11. Ceremonial The swearing in of Jeff Campbell,Miguel Troncoso,and Jennifer Hartman. Mayor Ruppert swore in Jeff Campbell,Miguel Troncoso, and Jennifer Hartman. 'The new Councilmembers took their seats. 12.Resolution A. Approval/Disapproval of a resolution of the City Council of Cibolo requesting the board of trustees for the Schertz- Cibolo-Universal City Independent School District re-draw voting precinct lines that allow city residents to vote at the polling place within their respective cities for all school district elections. Councilwoman Gray asked if this could not be communicated to the school board in another fashion.Pat O'Brien stated that walking through the neighborhood he had door slammed on him due to the impression that the City of Cibolo is against the school district. Recommended waiting on the resolution to see if the school board fixes this on its own. Councilman Sutton stated that he knows that the school district is aware of this problem and they are going to look into this. Made a comment about the public and the newspaper. Feels that the city council has too much on their plate to worry about what the school board is doing. Give them time to work out their issues. Also stated that this council needs to stop concerning itself with other entities and concentrate on our own affairs. Councilman Troncoso stated that he would be interested to see what the numbers were for the school election compared to the city. Councilman Sutton made the motion to disapprove the resolution. Seconded by Councilwoman Gray. For:All,Against:None. B.Approval/Disapproval of a resolution of the City of Cibolo in support of creating Guadalupe County Emergency Services District Number Two. Mayor Ruppert stated that there was a petition concerning this. There is a public hearing on June 1 st. Pat O'Brien stated that he would like to see this postponed until after the first public hearing,to see what comes out of this. Eddie Williams stated that he has spoke with the fire department on several occasions. Stated that he thought this issue should have come to council at a earlier time to allow discussion between the council and the volunteer fire department. Councilman Sutton stated that he wasn't even sure that this should be an item for this council,but even if it was it would be improper for the council to be supporting this ESD before the council has been educated about it and even before a public hearing was held. Steve Liparoto stated that he wished there was time to explain/discussion this with council,also passed out a copy of the requested budget. Scott Robinson thanked Pat O'Brien for his comments and would like everyone to come to the public hearing. Also thanked the council for their support if they were to back this resolution. There was talk among council and Robinson concerning the budget. Councilman Campbell made the motion to table the resolution till the June 8th meeting,after the public hearing. Seconded by Councilwoman Hartman. For:All,Against:None. 13. Discussion/Action A. Approval/Disapproval of the formation of a 3-5 person ad-hoc committee to formulate a policy on ethics and procedures for elected officials. Councilman Sutton stated that since the city could become a home rule city that maybe the city should consider a policy on ethics and procedures policies for elected officials. This could protect the citizens and the office holder. Mayor Ruppert asked if he(Councilman Sutton) could come up with a rough draft document instead of having a committee to do this. Councilman Sutton stated that he would do this and he would work with those that have input to this document. Councilman Troncoso stated.that he thought the committee would be a good idea. Councilman Sutton stated that he had a list of individuals that he has spoke with concerning this,some included Sam Bauder,Ed Ling,Eddie Williams,Gary Kelly,and Ray Thomas. Councilman Sutton made the motion to form a committee with four initial members of himself, Gary Kelly,Eddie Williams,and Ray Thomas and council to bring three additional members at the next meeting. Seconded by Councilman Troncoso. For:All with the exception Councilwoman Gray disapproving. B. Approval/Disapproval of the selection of members of the Business Development Committee. Pat O'Brien gave the council a list of requirements that should be looked at before the budget cycle begins. Just thought that council should start reviewing this and not to select the members at this time. Councilman Sutton asked Pat O'Brien what he thought this committee should be developed to do. Pat O'Brien stated that the city should start looking at what type of business we want and not wait to see what comes the city's way. Councilman Sutton made the motion to approve the formation of a ten-person committee and the names be brought to the June 8th meeting. Seconded by Councilman Campbell. For:All,Against: None. Council went back to item 9A. J ,a 14. Corunents A. City Staff Gary Kelly stated that the charter committee is complete and will present it to council at the next meeting. Chuck Balcar stated that the Cibolo Vista area is dead. Looks like it could be a travel truck stop. The estimated sales tax a month could be about$3000. B. City Council Councilman Sutton thanked Pat O'Brien and Eddie Williams for their service and enjoyed working with them. Welcome the new members to the council. Stated that he was not against the ESD just had some issues concerning it. Councilman Campbell also thanked Pat O'Brien and Eddie Williams for their work. Also welcomed new members. Councilwoman Hartman thanked everyone for coming out to vote. Councilman Troncoso stated that he is looking forward to working with council and staff. Councilwoman Gray stated that she wanted an update on the Wiederstein 10 property. Asked about the projects that went out for bid,asked about the drainage project being delayed. Asked about the ordinances for the new members to review. Welcomed new members and gave them some information. Also spoke defending her actions concerning the issues that had been raised by Pat O'Brien(Former Councilmember)and Chuck Balcar. C. Mayor -Bid a fond farewell to Pat.O'Brien and Eddie Williams. Also stated that the comments are only about items that need to be address on the next agenda or to get an update on items. 15. Adjournment Councilman Campbell made the motion to adjourn at 9:26 P.M. Seconded by Council Sutton. For:All,Against: None. PASSED AND APPROVED THIS 8TH DAY OF JUNE 2004. 441-4vr Charles Ruppert Mayor ATTEST: /Ovon-noeMniffin LCity Secretary C f ( r-o) Y �y ------------ a� �o o� 1 1 / Illi i 1 , i i r t ---