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Min CC 01/05/2004 - Special SPECIAL CITY COUNCIL MEETING CIBOLO MUNICIPAL BUILDING 109 S.MAIN January 5, 2004 6:00 P.M. MINUTES 1. Call to Order-Mayor Ruppert called the meeting to order at 6:00 P.M. 2. Roll Call-All members of Council were present. 3. Invocation-Councilman OBrien gave the invocation. 4. Pledge of.Alle i-Mayor Ruppert led the Pledge of Allegiance. 5. Citizens to be Heard(limit of three minutes each) All spoke on item 6. 6. Discussion/Action(General) Consideration and action on a proposal from Cibolo Urban,L.P. (the"Developer")for the City of Cibolo (the"City")to grant Developer site control for up to six acres of land out of the 20+/-acre City Hall tract for the purposes of(A)developing a high quality 76-unit residential apartment community to be rented at affordable prices to families and individuals and(B)providing the City with a professional urban development plan(the"City Hall Tract Master Plan")for the balance of the City Hall Tract approximately 10 acres)that would include parkland(on flood plain land),commercial acreage fronting Highway 78 (possibly deed restricted to direct appropriate development)and potential public space. (Site Control means a minimum fifty-year ground Lease(public bid process not required)between the City and Developer. Developer desires have Site Control to make its tax credit application(equity)through the Texas Department of Housing and CommunityAffairs(TDHCA)). Stewart Shaw stated that he brought professor Sinclair Black,an Austin Architect,to help answer questions on subject project. Would like him to design the apartments if the city approves this project. Councilman asked Mr. Sinclair Black if he knows of any city having problems selling the property after the 45-year lease. Stewart Shaw stated that all the big cities in Texas are all.trying to bring residential down town. Councilman Williams made a statement that it is very important for there to be affordable housing along with commercial retail: Stewart Shaw explained to Council about the steps to obtaining finances and also about a memorandum of agreement concerning a land lease agreement. Would also be happy to put a 12 to 14 month statement in the agreement that construction would begin or the site control would be voided. Councilman Sutton asked Sinclair Black what he thought about types retail that would be interested in that area in different scenarios. Stewart Shaw stated that the land needs to be used for multi use retail and use the area as a city center. Brent Hartman explained to city council what he believes what the city center should consist of. Which would include mid size retail and housing. Stated that he knew of someone who is interested in this piece of land and developing it as a mixed-use area. Believes that locking up this land for apartments is a misuse of this land. Jennifer Hartman stated that her concern is with thej ush decision. That all plans and interest should be looked over. Councilwoman Gray stated that she does not believe that this area is good area for apartments and that it is a prime piece of property and would be great for retail. ~` Councilman OBrien stated that there is a document that says the use for that land should be a apartment But also believes that this is not current,but at the time the document was prepared it was correct but not know. Councilman Campbell stated that he agreed with Councilwoman Gray and Councilman OBrien. Councilwoman stated that the city needs apartments but believes this is not the area for this. There was discussion among Councilmembers concerning conflict of interest.Also what is the best use for the subject land. Councilman Sutton asked Stewart Shaw about the elevations,colors and all of the subject apartments so they don't all look alike. Also asked about deed restriction,would he be willing to put this towards themselves. Stuart Stewart replied yes. Councilman Sutton stated that he thought keeping the land be kept as site control instead of selling the land. Chuck Balcar stated that a memorandum of understanding(MOU)with them to give time to come up with the land lease. This MOU would include items like penalties clause and masterplan. Went over with council the basics of water Susan Rocha stated,City Attorney. Chuck Balcar stated that this would give the council more time to decide on this property,and the council wanted to pull the project they could if done before the March 1,2004 deadline. Stewart Shaw went over the time line for the applications. January 9th is the prebid date deadline,March 1st is the final bid with the decision being in August 2004,timeframe. Sinclair Black gave the council some information concerning what needs to be thought out concerning the growth of this area to include the infrastructure. Councilman Sutton stated he thought that the area on Loop 539 is a ideal location for this apartment project.Needs to have a deed restriction and get a masterplan for the commercial. Councilman Sutton made them motion to approve item site control with a contingent upon a lease agreement of council. Agreement would include deed restrictions. Seconded by councilman Williams. For: Councilman Sutton and William's. Against: Councilmembers OBrien,Campbell and Gray. No other motion was made. NO action was taken. 7. Resolution . Approval/Disapproval of a resolution declaring the population of the City of Cibolo to be 5,075 persons; and providing an effective date. Chuck Balcar stated that a ordinance would follow this. Councilman Sutton made the motion to approve the resolution. Seconded by Councilman OBrien. For:All,Against:None. 8. Comments A. City Staff-Stated that there will be a couple more developments on FM78. B. City Council- Councilman OBrien stated that he was happy that everyone is concerned about downtown. Councilman Williams stated he felt that he was concerned and upset about the article that was written in the herald paper. Councilwoman Gray stated that she would like to have everyone review the tree ordinance so it can be discussed at the next meeting. Also stated that the city needs to start to look for other sources of water, concerning the GBRA letter and lawsuit C. Mayor-None. 9. Adjournment Councilman Campbell made the motion to adjourn at 8:00 P.M. Seconded by Councilwoman Gray. For:All, Against: None. PASSED AND APPROVED THIS 13TH DAY OF JANUARY,2004. }I. Charles Ruppert Mayor ATTEST Y e Griffin Ci Secretary