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Min CC 12/09/2003 Rei ,. .� •.� REGULAR CITY COUNCIL MEETING CIBOLO MUNICIPAL BUILDING 109 S.MAIN December 9,2003 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 with the exception of Councilman Sutton. 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) Stewart Shaw developer of property and retail from Austin. Will come to the next council meeting concerning developing multi-family housing adjacent to the new city facility. Stated that this back ground in urbanization. Would like to work with the city to develop maybe a park in the flood zone and some retail on the other end. The rent would be an estimate of$525 for a nice two bedroom apartment. Would like to come back on December 18, 2003 to get site control of the area. 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 November 25,2003,Joint Public Hearing with City Council and Planning& Zoning. B. Approval of November 25,2003,Regular City Council Minutes. C. Approval of Resignation of Jay Derby from the Cibolo Police Department. D. Approval of Hiring of Jeffrey Glatz by the Cibolo Police Department. E. Approval of Hiring of Pedro Arreola,Jr.as a customer service clerk by the Cibolo Public Works Department,(Part-time). F. Approval of Hiring of Christine Morin as a customer service clerk by the Cibolo Inspection Department, (Part-time). G. Approval of Check Register for November,2003. H.Release of construction completion bond for the Lantana Subdivision. I. Approval and Acceptance of Completion Bond for Greenbrook Subdivision Councilwoman Gray stated that she would like to have agenda item G-I pulled from the consent agenda. Councilman O'Brien made the motion to approve the consent agenda items A-F. Seconded by Councilman Campbell. For: All,Against:None. Councilwoman Gray asked about the payment to ASC Paving concerning the work completed on Town Creek. Also asked about the ribbon curing. Asked about the construction bond,Chuck Balcar stated that all the infrastructure is completed. Councilman Campbell made the motion to approve consent agenda items G-I. Seconded by Councilman O'Brien. For: All,Against:None. 7. Presentations A. Presentation to Armando Jimenez Jr.for 15 years of service to the City of Cibolo Police Department. Mayor Ruppert presented Armando Jimenez Jr.a plaque for 15 year of service. B. Presentation to Martin Troncoso for 5 years of service to the City of Cibolo Public Works Department. Mayor Ruppert presented Martin Troncoso a plaque for 5 year of service. 8. Ordinance A. Approval/Disapproval of an ordinance annexing the herein after described territory to the City of Cibolo,Texas and extending the boundary lines of said city so as to include such property within the city limits. (Kardys annexation approved by council on October 28,2003, effective November 17, 2003). Councilwoman Gray made the motion to approve the ordinance annexing the herein after described territory to the City of Cibolo,Texas and extending the boundary lines of said city so as to include such property within the city limits. Seconded by Councilman Williams. For:All,Against:None. B.Approval/Disapproval of an ordinance regarding attorney/client privilege,waiver and required action by the majority of City Council required in order to waive attorney/client privilege. Chuck Balcar stated that the attorney has this ordinance with all of their clients. Councilman O'Brien made the motion to approve the ordinance regarding attorney/client privilege,waiver and required action by the majority of City Council required in order to waive attorney/client privilege. Seconded by Councilman Campbell. For: All,Against:None. 9. Resolution A. Approval/Disapproval of a resolution to call for a Public Hearing on Land Use Assumptions and Capital Improvements Plan and impose impact fees for water,waste water,drainage and roadways. (February 10''and 20). Councilman Campbell made the motion to approve the resolution to call for a Public Hearing on Land Use Assumptions and Capital Improvements Plan and impose impact fees for water,waste water,drainage and roadways. (February 10fl'and 20). Seconded by Councilman O'Brien. For: All,Against:None. B. Approval/Disapproval of a Resolution to call for a Public Hearing on rezoning 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. Chuck Balcar stated that this would be for Woodstone which is located by Dobie Jr.High. Councilman O'Brien made the motion to approve the resolution to call for a Public Hearing on lots 1 through 30 and lots 42 and 43 of the Woodstone Subdivision from R-2 to R-3. The public hearing would be January 13 and 27th at 6:30 P.M. Seconded by Councilman Williams. For:All,Against: None. C. Approval/Disapproval of a Resolution of the City of Cibolo requesting Governor Rick Perry and the Texas Commission on Environmental quality stand firm on its recommendation to the Environmental Protection Agency of an attainment designation in air quality for Guadalupe County. Councilman O'Brien made the motion to table to the end of the meeting. Seconded by Councilman Campbell. For:All,Against:None. Mayor Ruppert read the resolution letter. This is to recommend the air control to the outlaying areas. Councilman O'Brien made the motion to approve the resolution with and directing the Mayor to get with Councilman Sutton concerning this and get his signature if he agrees. Seconded by Councilman Williams. For:All,Against; None. D.Approval/Disapproval of a resolution to set date,time and place for a City Council Hearing and a Joint City Council and Planning and Zoning Hearing on the proposed annexation and zoning of R-3 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. (First Public Hearing before City Council is January 13,2004 and Joint Hearing with Planning and Zoning Commission is January 27,2004.) Chuck Balcar stated that this is the Rhew Tract. Councilman Campbell made the motion to approve the resolution to set date,time and place for a City Council Hearing and a Joint City Council and Planning and Zoning Hearing on the proposed annexation and zoning of R-3 of a said tract of land being a 23.60 acre tract of land. Seconded by Councilman O'Brien. For:All,Against: None. 10. Discussion/Action(Builder/Development)ZONING Approval/Disapproval of R 2B Zoning request by Ms.Juanita Kardys,Mr.Richard Kardys,and Jessie Kardys, of land being a 55.7729 acres of land out of a certain 100.00 acre tract out of the Simon Cockrill survey No. 77,abstract No. 96,and the A. S.Lewis survey No. 78,abstract No.216, City of Cibolo,as recorded in volume 1037,Page 739-749 of the official records of Guadalupe County,Texas. (Annexation approved on 10-28-03, effective 11-17-03) Councilwoman Gray asked if this zoning matches the land use assumption. Chuck Balcar stated that this does meet the plan. Councilman O'Brien made the motion to approve R-2B Zoning request by Ms.Juanita Kardys,Mr.Richard Kardys, and Jessie Kardys,of land being a 55.7729. Seconded by Councilwoman Gray. For: All,Against:None. 11. Discussion/Action(General) A. Approval/Disapproval to proceed with a Joint West Town Creek Sewer Project with the City of Cibolo; Perry Blanton(Developer of Bentwood Ranch);and the City of Schertz. Chuck Balcar gave a brief talk concerning this project. Stated that he was looking for direction from the council on if they want him to enter into talks concerning joint projects with the City of Schertz. Don& Susan Schestler stated that he lives on Wiederstein road, outside the city. Stated that he does not want his wooded area disturbed due to the wildlife and endangered species of birds disturbed that are on their property. Mayor Ruppert asked if a site has been determined yet. Chuck Balcar stated that it hasn't but they like to go with the low of the land. Councilman O'Brien made the motion to direct Chuck Balcar to talk with the City of Schertz concerning Joint Sewer Projects with contingency to come up with a route to save the species on preserved property. Seconded by Councilman Williams. For:All,Against:None. B.Direct staff to prepare amendment to zoning ordinance to allow placement of temporary sales office in new subdivisions under construction without requiring applicant to undergo the variance procedure. Ed Beasley stated that all the cities he has worked for have always allowed this. Most of them have stipulation, example being 12 months or 90%construction complete. Chuck Balcar stated that a way of wording it could be that only new subdivisions with a stipulation with this. Nathan Gray stated that he is opposed to this due to the zoning ordinance. There was discussion among council concerning constructing a amendment to the variance ordinance. Councilman O'Brien made the motion to direct City Staff to come up with a amendment to the zoning ordinance for construction and sales trailers. Seconded by Councilman Williams. For: All,Against:None. 12. Discussion/Action(Builder/Development) A. Discussion/Action on Recommendation of Approval/Disapproval of re-platting of Woodstone Subdivision to change front set back lines on the plat. Chuck Balcar stated that some of the setback is 20 feet instead of 25 feet. Planning and Zoning recommended approval. Councilwoman Gray made the motion to approve the re-platting of Woodstone Subdivision to change front set back lines on the plat. Seconded by Councilman Campbell. For: All, Agaisnt: None. B. Discussion/Action on Recommendation of Approval/Disapproval of variance request from Plantation Homes,Buffalo Crossing,for a sales trailer located at Lot 46,Block B. Planning and Zoning recommended approval with the stipulation of 12 months. Councilwoman Gray made the motion to approve the variance request for the sales trailer. Seconded by Councilman Campbell.For: All,Against:None. C. Discussion/Action on Recommendation of Approval/Disapproval of variance request from Plantation Homes,Buffalo Crossing,for a construction trailer located at Lot 1 Block C. Planning and Zoning recommended approval with a stipulation of 18 months. Councilman Campbell made the motion to approve the variance request for a construction trailer for 18 months to be located at Lot 1 Block C. Seconded by Councilwoman Gray. For:All,Against;None. D.Recommendation to the Canyon Regional Water Authority Board of Trustees concerning settlement offer of the contest raw water rate and law suit between the Guadalupe Blanco River Authority and the CRWA. Councilman Williams gave the council an update on the latest with CRWA. Councilman O'Brien made this motion to table this item. Seconded by Councilman Campbell.For:All,Against: None. Council went back to item 9C. 13. Comments A. City Staff Henry Gutierrez,Bexar Waste,stated that he is adding a fall cleanup for the City of Cibolo. It will he held on Friday-Sunday,on December 12-14th and 19-21st. Chuck Balcar stated that he had a meeting with David Davenport and Rudy Klein concerning the pump station and water lines. Also spoke with Fritz Schlather concerning Bexar Met getting out of CRWA. Went over the tax credit for the city land on Loop 539. Stated that he was going to meet with Schertz this week concerning the sewer projects. Going to have a meeting on Friday concerning the bids on the new City Facilities. B. City Council Councilman O'Brien stated that he spoke with ASC Paving on the next part of Borgfeld Project. Also will be the brac person for the Northeast Partnership. Fort Sam and Brooks City Base are on the list. Councilwoman Gray made a stated concern the sexual harassment policy and tree landscape ordinances were completed.Also need to get a committee of 15 people to start the home rule. C. Mayor-None. 14. Adjournment Councilman Campbell made the motion to adjourn at 8:29 P.M. Seconded by Councilman O'Brien. For:All, Against: None. PASSED AND APPROVED THIS 13TH DAY OF JANUARY 2004. &I�w Charles Ruppert Mayor ATTEST: ohne Griffm Secretary