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Min CC 11/13/2003 REGULAR CITY COUNCIL MEETING CIBOLO MUNICIPAL BUILDING 109 S.MAIN November 13,2003 7:00 P.M. MINUTES 1. Call to Order-Mayor Ruppert called the meeting to order at 7:17 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) There were no Citizens to be Heard. 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 October 14,2003,Regular City Council Minutes. B. Approval of October 28,2003 Regular City Council Minutes. C. Approval of October 28,2003,Joint Public Hearing with Planning and Zoning Minutes. D. Approval of October 2003,check register. Councilman Sutton made the motion to approve the consent agenda items. Seconded by Councilman Williams For: All,Against: None. 7. Discussion/Action(General) A. Receipt of bids pertaining to the sale of Obligations designated as"City of Cibolo,Texas Combination Tax and Limited Pledge Revenue Certificates of Obligation, Series 2003",receipt of financial advisor's recommendation concerning this matter; and other matters in connection therewith. Victor with Southwest Securities,City's financial advisory. Stated that the bids were opened at 11:00 A.M. over the internet at the City of Cibolo Offices. The highest bid was 4.049431%with First Southwest Company and the lowest being Southwest Securities,Inc. at 3.905828%. The city received a triple B rating with out insurance and with insurance received a triple A rating. Councilman Sutton made the motion to receive the bids pertaining to the sale of Obligations designated and"City of Cibolo,Texas Combination Tax and Limited Pledge Revenue Certificates of Obligation, Series 2003". Seconded by Councilman Campbell. For: All,Against: None. B. Approval/Disapproval of awarding bid for the purchase of two police patrol cars. Mark Riffe,Chief of Police, stated that received four bids,one not meeting the specifications. Mark stated that he recommended awarding the bid to Sequin Motors Company for$20,092.36. Councilman O'Brien made the motion to award the bid to Sequin Motors for two police cars in the amount of$20,092.36 each. Seconded by Councilman Williams. For: All,Against: None. C.Approval/Disapproval of voting for the Board of Directors for the Guadalupe Appraisal District for 2004-05. Council reviewed the list of candidates. Councilman Williams made the motion to give all 35 votes to Jeff Campbell for,the Board of Directors for the Guadalupe Appraisal District for 2004-05. Seconded by Councilwoman Gray. For: All,Against:None. D.Approval/Disapproval to request for proposal to construct sidewalk on Dietz Road from Eagle Valley Homes to Watts Elementary. (Previously discussed on October 14,2003) Rudy Klein showed the council the plans for the construction of the sidewalk. The estimated cost of the project will be$34,814. There are three trees that would have to be removed for this project. Gordon Woods,Woodstone Subdivision,stated that he would have a sidewalk to the school inside the subdivision,not on Dietz Road. There was discussion with Gordon Woods concerning what was approved at council at an earlier date about the sidewalk being outside on Dietz Road. There was discussion about sending a courtesy letter concerning the taking down of the three trees. Councilman Williams stated he was not opposed to the sidewalk at all,he would like to see something from the City of Schertz and.the County on this project on what the are promising to do. Chuck Balcar read the P&Z and council concerning the sidewalk on Dietz Road. Councilman Sutton made them motion to accept the plans by Rudy Klein and to go out for bid. Seconded by Councilman Campbell. For: councilman Campbell, Sutton,Williams,and Councilwoman Gray. Against: Councilman OBrien. E.Approval/Disapproval of a Master Plan for the Falcon Ridge Addition that received preliminary approval at the Meeting of October 28,2003.The condition involved the developer obtaining a construction easement to prevent construction vehicles from driving through the completed subdivisions of Thistle Creek,Deer Creek and partially completed Falcon Ridge(instead they would enter from Borgfeld Road). Chuck Balcar stated that the Kardys will only give a temporary easement(three years)and not a permanent that the council was requiring. Councilman O'Brien made the motion to disapprove the Master Plan for the Falcon Ridge Addition with the temporary easement. Seconded by Councilman Williams.For: All,Against:None. 8. Ordinance Consideration and Approval of an ordinance authorizing the issuance of"City of Cibolo,Texas Combination Tax and Limited Pledge Revenue Certificates of Obligation, Series 2003";providing for the payment of said certificates by the levy of an ad valorem tax upon all taxable property within the city and further securing said certificates by a lien on and pledge of the pledged revenues of the system;providing the terms and conditions of said certificates and resolving other matters incident and relating to he issuance,payment, security, sale, and delivery of said certificates, including the approval and distribution of an official statement;authorizing the execution of a paying agent/registrar agreement;complying with the depository trust company;and providing an effective date. Councilman Campbell made the motion to approve the ordinance authorizing the issuance of"City of Cibolo,Texas Combination Tax and Limited Pledge Revenue Certificates of Obligation, Series 2003". Seconded by Councilman Sutton. For: Councilmen Sutton, Campbell,O'Brien and Williams. Against: Councilwoman Gray. 9. Discussion/Action(Builder/Development) A. Approval/Disapproval of Buffalo Crossing Park,presented by Doyle Wilson. Doyle Wilson,Buffalo Crossing,passed out a picture of the park,which would be 50 acres. Proposing that taking$200 per lot and would like the city to at least match the funds to get the park done earlier. Is not required to pay funds since dedication of land. Mayor Ruppert stated that the park would have to go out for bid due to the amount of the park project. Councilman Sutton asked if the park would be a city or homeowner park. Doyle stated that this would be a city park. Councilman Campbell made the motion to approve the Buffalo Crossing Park. Seconded by Councilman Sutton. For: All,Against: None. B. Approval/Disapproval of a Variance requests by Centex Homes to reduce front building setbacks as required in Subdivision Ordinance(Appendix A, Section D.3.d(4))and Zoning Ordinance (Ch. 11, Sec. 1)from 25' to 15'. Said variance is requested because recorded final plat depicts 15' setback in contradiction to ordinance. Subject parcel has a purchase and sale agreement between applicant and future homeowner based upon said 15' setback. Approval of request is consistent with local government Code 211.009. The following are the addresses that require variances: (1) Lot 41 Block 8 109 Willow Pointe (2) Lot 42 Block 8 105 Willow Pointe (3) Lot 43 Block 8 101 Willow Pointe (4) Lot 44 Block 8 100 Willow Pointe (5) Lot 53 Block 8 109 Wind Willow (6) Lot 54 Block 8 105 Wind Willow (7) Lot 55 Block 8 101 Wind Willow (8) Lot 56 Block 8 100 Wind Willow (9) Lot 57 Block 8 104 Wind Willow (10) Lot 28 Block 8 101 Willow Cove (11) Lot 20 Block 8 101 Willow Hill There was discussion among council members with Planning and Zoning concerning their recommendation of approval with the exception of denying Lots 41-44,Lots 55-57,and Lots 20 and 28.These requests are located in Unit 4 and 5.Councilman Williams stated that he would vote against this due to that the city needs to set a precedent to the other developers about variance request. Rick Pierce,Centex homes, gave a review of the reason for the variance request. Is asking that eleven lots receive a variance,these houses already have a contract on them and the owners know what they are getting on their lot. They will not come back and ask for additional variance request. There are 15 homes that already have been built and bought that will come back to council at a later date for a variance approval. Councilman Sutton asked Chuck Balcar if the city led Centex to believe that they could do this. Chuck Balcar replied saying yes. Councilwoman Gray stated that Planning and Zoning did an excellent job reviewing each lot and feels that the council should accept the recommendation from them. Ed Beasley stated that the variance needs to be tied to that lot and the plan for the house does not change. Commissioner Tauzin stated that she was at the site today and lots 20&28 there is nothing there. Councilman O'Brien made the motion to approve the variance request(item 1-9)that have a purchase agreement before November 1st.,if not then the house reverts back to the 25'setback. Seconded by Councilman Sutton. For: Councilman O'Brien, Campbell and Sutton.Against: Councilwoman Gray and Councilman Williams. 10. Resolution Approval/Disapproval of a Resolution to set date,time and place for a public hearing to hear a variance request by Bilmar Construction,Woodstone Subdivision,-to reduce the front setback by five feet in the cul-de-sac and the corner"knuckle"lots. (Public Hearings—City Council,December 9,2003 at 6:45 P.M. and Joint Council and P&Z,January 13,2004 at 6:30 P.M.) Chuck Balcar stated that the council gave part of his Woodstone Subdivision an R-2 zoning. Gordon Woods,that the knuckle would have a 20'setback,a reduction of 5'. Councilman O'Brien made the motion to approve the resolution to set date,time and place for a public hearing to hear variance request to reduce knuckle lots. Second by Councilwoman Gray. For: All,Against;None. 11. Discussion Only Update of Capital Improvement,to include water line,water tank, streets and drainage and new city facilities,Projects by Klein Engineering. J "r. Water line that all lines have been laid and should be ready for change of service on January 1st. The sewer line is still awaiting the completion of a test,should be completed by the end of week. The tank is being painted and should be completed by Thanksgiving. Project should be complete by the 1st of March with water in the tank. Also stated the problems with the logo. Paving project are about 80%complete,this weekend completed a piece of Borgfeld,in front of Dobie School. The drainage project will be completed next. Phase 1 with Tejas Paving has been completed. City Hall will have a pre bid meeting,with a bid opening on December 5th at 2:00 P.M. The restroom and parking lot with and without the walking trail will be the same day as the city hall bid. 12. Comments A. City Staff Mark Riffe gave an update on the warrant program. Chuck Balcar stated the building is picking up even more. There are finally some plans for some commercial. Will probably be doing 100 permits per month by January. B. City Council Councilwoman Gray stated that she attended one of the Transportation Steering Committee Meetings was moved into the S.A.region. Councilman Williams stated that he did not like to vary from the ordinances that the council has approved and feels that the council did not make a good decision on the variance request by Centex. Councilman Sutton replied to Councilman Williams's statement. Planning and Zoning did an excellent job on their review of the variance and their recommendation to council. Councilman Campbell stated that the portion of Borgfeld is excellent and would like to see more done. Councilman O'Brien also replied to Council William's statement. C. Mayor-None 13. Adjournment Councilman Campbell made the motion to adjourn at 9:55 P.M. Seconded by Councilwoman Gray For: All,Against:None. PASSED AND APPROVED THIS 9TH DAY OF DECEMBER 2003. "it Charles Ruppert Mayor ATTEST: :onne-Gr iecretary