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Min CC 01/27/2004 REGULAR CITY COUNCIL MEETING CIBOLO MUNICIPAL BUILDING 109 S.MAIN January 27,2004 7:00 P.M. MINUTES 1. Call to Order-Mayor Ruppert called the meeting to order at 7:04 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(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 January 13,2004,City Council Public Hearing Minutes. B. Approval of January 13,2004,Regular City Council Minutes. C. Approval of release of performance bond for Cibolo Valley Ranch,Unit 1 ($36,595.00) Councilman O'Brien made the motion to approve items A and C. Seconded by Councilman Williams. For:All, Against:None. There was discussion concerning item B. Councilwoman Gray made the motion to approve consent agenda item B as is. Seconded by Councilman O'Brien. For:All,Against:None. 7. Presentation A. Presentation of FY 2002-03 Audit by Armstrong,Vaughn and Associates. Richard Kratiz thanked the staff for the help for the audit. Went over the audit with the council B. Presentation/Update on Negotiations with Struthoff Contracting concerning new city facility. Chuck Balcar briefed council that he and Councilman O'Brien met with the contractor today. Reviewed the contractor and cut out$75,000 from the contract. There was discussion concerning items that need to be taken out and left in on the contract. 8. Discussion/Action(Builder/Development) A. Discussion/Action on Recommendation of Approval/Disapproval of Armadillo Homes to install a temporary 49'11"Flagpole,for an American Flag,at Lot 16,Block 2 of Lantana Unit l.(P&Z recommended approval with exception) Councilman O'Brien made the motion to approve the temporary flagpole. Not to exceed 24 months. Seconded by Councilman Campbell. For:All,Against: None. B.Discussion/Action on Recommendation of Approval/Disapproval of Preliminary Plat for Cibolo Village Subdivision in Schneider Industrial Park.(P&Z recommended approval) Chuck Balcar stated that this is Jake Wells property. There was discussion about what would go on the property. Councilwoman Gray made the motion to approve the Preliminary Plat for Cibolo Village Subdivision in Schneider Industrial Park. Seconded by Councilman Campbell. For:All,Against: None. C.Discussion/Action on Recommendation of Approval/Disapproval of Preliminary Subdivision Plat of Cibolo Mini Storage Unit 1 on Green Valley Road. (P&Z recommended approval) Councilman Campbell made the motion to approve the of Preliminary Subdivision Plat of Cibolo Mini Storage Unit 1 on Green Valley Road. Seconded by Councilman O'Brien. For:Councilmembers O'Brien,Campbell,Williams,and Sutton,Against:Councilwoman Gray. D.Discussion/Action on Recommendation of Approval/Disapproval of Masterplan for Swanson 90,located on FM 1103. (P&Z recommended approval) Chuck Balcar stated that this would be the last masterplan that will be brought to council,before suggesting a moratorium on building in the city water service district.There was discussion concerning the entrance way maybe having some commercial. Flood plan study has been completed in this area. Chuck Balcar stated that this area is located in the ETJ and not in the city. All impact fees will be paid with the exception of the road impact fees. It can not be annexed into the city due to it not being contiguous. Also brought up the gas lines on the property crossing. It does comply with the masterplan. Councilman Sutton made the motion to disapprove the Masterplan for Swanson 90, located on FM 1103,with provision that they will be exempt from the building moratorium. Seconded by Councilman Williams. For:All,Against:None. 9. Resolution Approval of a Resolution to support and implement the County-Wide Burn Ban declared by Guadalupe County. Councilman Campbell made the motion to approve the resolution to support and implement the CountyWide Burn Ban declared by Guadalupe County. Seconded by Councilman Sutton. For:All,Against:None. 10. Discussion/Action(General) A. Approval/Disapproval of a contract with Guadalupe County for the May 15,2004 election. Councilman O'Brien made the motion to approve the contract with Guadalupe County for the May 15,2004 election. Seconded by Councilman Campbell. For:All,Against:None. B. Approval/Disapproval of changing the"Fee in Lieu of Park Dedication"from$200 to$400. Councilman O'Brien made the motion to approve the changing the"Fee in Lieu of Park Dedication"from$200 to $400. Seconded by Councilman Campbell. For:All,Against:None. C. Approval/Disapproval of the rezoning on lots 1 through 30 and lots 42 and 43 of the Woodstone Subdivision from R-2 to R-3 (Residential Single family Standard lot-front entry garage).The size and number of lots as currently platted will not be affected by zoning change. The legal description is 5.684 acres out of the Simon Cockrell Survey,A-98,and the Lewis Survey,A216,Cibolo,Guadalupe County, Texas,and being part of the 30.00 acre tract as described in Volume 460,Page 379 of the deed records of said County. Planning and Zoning recommended approval. Councilman Campbell made the motion to approve of the rezoning on lots 1 through 30 and lots 42 and 43 of the Woodstone Subdivision from R-2 to R-3 (Residential Single-family Standard lot-front entry garage).The size and number of lots as currently platted will not be affected by zoning change. The legal description is 5.684 acres out of the Simon Cockrill Survey,A-98,and the Lewis Survey,A216, Cibolo,Guadalupe County,Texas,and being part of the 30.00 acre tract as described in Volume 460,Page 379 of the deed records of said County. Seconded by Councilman O'Brien. For:All,Against:None. D.Approval/Disapproval of the annexation of a said tract of land being a 23.60 acre tract of land,situated in Guadalupe County,Texas,and out of the Jeronimo Leal Survey No. 85,Abstract No.210,and being out of a tract of land described as 41.0 acres and recorded in Volume 700,Page 981 of the Deed Records of Guadalupe County,Texas. (Ms.Rhew Property)(Zoning to be approved on February 24,2003) Planning and Zoning recommended approval. Councilwoman Gray made the motion to approve the annexation of a said tract of land being a 23.60 acre tract of land,situated in Guadalupe County,Texas,and out of the Jeronimo Leal Survey No. 85,Abstract No.210,and being out of a tract of land described as 41.0 acres and recorded in Volume 700, Page 981 of the Deed Records of Guadalupe County,Texas. Seconded by Councilman Williams. For:All,Against: None. E. Approval/Disapproval of setting the speed limit to 35 MPH for planning purposed of Cibolo Valley Drive from Green Valley to Deer Creek Blvd. Chuck Balcar went over the area that would be changed to 35 MPH. Councilman Campbell made the motion to approve the setting the speed limit to 35 MPH for planning purposed of Cibolo Valley Drive from Green Valley to Deer Creek Blvd. Seconded by Councilman Sutton. For:All,Against:None. y F. Approval/Disapproval of purchasing Planning and Zoning Meeting Shirts. Councilman O'Brien made the motion to approve the purchasing Planning and Zoning Meeting Shirts. Seconded by Councilman Campbell. For: All,Against:None. G. Approval/Disapproval of placing preliminary/final plats on the consent agenda unless otherwise advised by city staff. Councilman O'Brien stated that the staff was competent staff that the council should be able to trust. There should be more reviewing done before the meeting,instead of taking so much time at the meetings. Councilman Sutton stated that he agreed with this as long as they came to council completely approved without conditions from Planning and Zoning,Rudy Klein and City Staff. Councilman O'Brien made the motion to approve the placing preliminary/final plats on the consent agenda unless otherwise advised by planning and zoning,city engineer and city staff. Seconded by Councilman Campbell. For: Councilmembers O'Brien,Campbell, Sutton,and Williams.Against: Councilwoman Gray. 11. Ordinance A. Approval/Disapproval of an ordinance providing and amendment to the City of Cibolo Ordinance#379 adding the following through street and cross streets to section 55-82"Stop Intersections",to reflect the opening of The Willow Bridge I,Unit 7 Subdivision;and applying all other sections of ordinance#379. Councilman Campbell made the motion to approve the ordinance providing and amendment to the City of Cibolo Ordinance#379 adding the following through street and cross streets to section 55-82"Stop Intersections",to reflect the opening of The Willow Bridge I,Unit 7 Subdivision;and applying all other sections of ordinance#379,with the exception of changing the speed limit to 20 mph. Seconded by Councilwoman Gray. For:Councilwoman Gray and Councilman Campbell. Against: Councilmembers O'Brien,Williams and Sutton. Councilman O'Brien made the motion approve as written. Seconded by Councilman Sutton. For:Councilmembers O'Brien, Sutton,Williams and Gray.Against: Councilman Campbell. B. Approval/Disapproval of an ordinance providing an amendment to the City of Cibolo ordinance#379, adding the following through street and cross streets to section 55-80,"Stop Intersections",to reflect the opening of The Falcon Ridge Unit 6 Subdivision;and applying all other sections of ordinance#379. Councilman O'Brien made the motion to approve the ordinance providing an amendment to the City of Cibolo ordinance#379,adding the following through street and cross streets to section 55-80,"Stop Intersections",to reflect the opening of The Falcon Ridge Unit 6 Subdivision;and applying all other sections of ordinance#379. Seconded Councilman Williams. Councilmembers O'Brien,Sutton,Williams and Gray.Against: Councilman Campbell. C. Approval/Disapproval of a ordinance regarding the reasonable and responsible development and Improvement of land within the city it is officially found by the city council of Cibolo that it is beneficial to the public health,safety,and welfare to add to and maintain the tree population within the city. Adding trees to the city will enhance the quality of life and the general welfare of the city. Trees will enhance the city's aesthetic environment and provide health benefits. Trees help to reduce pollutants,reduce energy costs,and add value to the land. Existing protected and heritage trees will be preserved. Councilman O'Brien stated that he would like it to go to the developers and legal for their review. Councilwoman Gray went over the ordinance with the council.Councilman O'Brien made the motion to approve the document and to send to Legal and Developers for their final comments. For:All,Against:None. Seconded by Councilman Campbell For:All,Against:None D.Approval/Disapproval of an(ordinance establishing the population of the City of Cibolo,Texas at over 5,000 inhabitants;and providing for the statistical analysis and demographic information verifying the number of inhabitants). (Approved January 5,2004) Councilman Campbell made the motion to approve. Seconded by Councilman Williams. For:All,Against:None E.Approval/Disapproval of an ordinance for annexation of a said tract of land being a 23.60 acre tract of land,situated in Guadalupe County,Texas,and out of the Jeronimo Leal Survey No. 85,Abstract No. 210,and being out of a tract of land described as 41.0 acres and recorded in Volume 700,Page 981 of the Deed Records of Guadalupe County,Texas. (Ms.Rhew Property) Councilwoman Gray made the motion to approve the ordinance for annexation of a said tract of land being a 23.60 acre tract of land,situated in Guadalupe County,Texas,and out of the Jeronimo Leal Survey No. 85,Abstract No. 210,and being out of a tract of land described as 41.0 acres and recorded in Volume 700,Page 981 of the Deed Records of Guadalupe County,Texas. Seconded by Councilman Campbell. For:All,Against:None 12. Comments A. City Staff-Chuck Balcar stated that Rudy Klein is reviewing the plans for Bentwood Ranch. Also stated that there are a possible 3 or 4 other tracts where developers want to build subdivisions. Guadalupe County sent a letter to city concerning Weiderstein road. Cibolo Volunteer Fire Department has completed the petitioner's list with enough signatures and the county will now have an election to up their tax rate. Lee Perry stated that there will not be a delay in the bum ban information coming to council. B. City Council Councilwoman Gray thanked all for their support on the tree ordinance. Councilman Sutton stated that he presented the sidewalk at the City of Schertz meeting as a citizen to be heard. Will be going to a workshop concerning this project. Councilman O'Brien stated that he is working with the cell companies to get their business. Also spoke with Jennifer about getting something in the Buffalo Express about organizing meeting with city volunteers concerning the downtown area. To have on the next agenda to get the Home Rule Charter Commission started. C. Mayor-None. 13. Adjournment Councilman Campbell made the motion to adjourn at 9:43 P.M. Seconded by Councilman Sutton. For:All,Against:None. PASSED AND APPROVED THIS 10TH DAY OF FEBRUARY 2004. 4aPAV Charles Ruppert Mayor ATTEST: UZ IJ_� I vonne Griffm City Secretary This facility is wheelchair accessible and accessible parking space is available. Request for accommodation or interpretive services must be made 48 hours prior to the meeting. Please contact the City Secretary at(210)658-9900 or FAX(210)658- 1687.