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Min CC 03/23/2003 REGULAR CITY COUNCIL MEETING CIBOLO MUNICIPAL BUILDING 109 S.MAIN March 25,2003 7:00 P.M.(or immediately following the Special Planning and Zoning) MINUTES 1. Call to Order—Mayor Ruppert called the meeting to order at 7:03 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) Nathan Gray stated that he could not serve on the board due to the US code. Greg Martin stated that he was concerned about the city of Cibolo not being a friendly city. Believes that the 10 day written notice for water extension is to extreme. 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 or citizen so requests,in which case the item will removed from the consent agenda and considered as part of the order of business.) A.Approval of March 11,2003 City Council minutes. B.Approval of Waiver of all City Parks Fees for the 47th Annual Cibolo Volunteer Fire Department Sausage Supper. C.Approval of Removal Parks&Recreation member for non-attendance,Kristen Goodrich. Councilwoman Duggar made the motion to approve the consent agenda items. Seconded by Councilman Campbell. For: All,Against: None. 7. Presentation Mark Luft,American Sunrise,proposal to purchase a portion of the 21-acre tract owned by the City of Cibolo at Loop 539 and Main Street for a mixed-use development. Mark Luft stated that he belonged to a non-profit agency.He is interested in purchasing a part the city property located on FM 539 to develop for mixed use. Paramount will be paying all upfront cost and will oversee the projects. 8.Resolutions A. Consideration of Approval/Disapproval of a resolution to call for Public Hearings to consider an Annexation/C-1 Zoning request by Mr.Victor Lee Zengerle and Mrs.Mary Winkler Zengerle land being 20.000 acres of land out of that certain 155 acres tract of land conveyed by Emil Wiederstein et ux to Zaver Rittimann by deed dated March 27, 1928,and recorded in Volume 99 at pages 241-242 of the Deed Records of Guadalupe County,Texas. (April 8th and 22nd,2003, at 6:30 P.M.) f ' Councilman Campbell made the motion to approve the resolution. Seconded by Councilman Williams. For: All,Against: None. B. Consideration of Approval/Disapproval of a resolution to call for Public Hearings to consider of a variance request by Blanton Family Limited Partnership for encroachment into the front setback of 0.7',for land being 0.174 acre tract known as Lot 25,Block 1,The Ridge @ Deer Creek,as recorded in volume 6,Page(s)423 and 424, deed and plat records,Guadalupe County,Texas. (April 8th and 22nd,2003,at 6:30 P.M.) Councilman O'Brien made the motion to approve the resolution. Seconded by Councilwoman Epperson.For: All,Against: None. C. Consideration of Approval/Disapproval of a resolution to call for Public Hearings to consider a rezoning request from R-2 to R-3 by Dugas Diversified Development,the land being 13.891 acres of land in Guadalupe County,Texas,being out of a remaining portion of a 92.371 acre tract of land described in Volume 998,Page 60, and Official Public Records,Guadalupe County,Texas.(April 8th and 22nd,2003,at 6:30 P.M.) Councilwoman Duggar made the motion to approve the resolution. Seconded by Councilman Campbell.For: All,Against: None. D. Consideration of Approval/Disapproval of a resolution to call for Public Hearings to consider a rezoning request from R-2 to R-3 by Dugas Diversified Development,the land being 12.823 acres of land in Guadalupe County,Texas,being out of a remaining portion of a 92.371 acre tract of land described in Volume 998,Page 60, Official Public Records,Guadalupe County,Texas.(April 8th and 22nd,2003,at 6:30 P.M.) Councilman Williams made the motion to approve the resolution. Seconded by Councilwoman Epperson.For: All,Against: None. E. Consideration of Approval/Disapproval of a resolution approving a bond resolution to be adopted by the board of trustees of the Canyon Regional Water Authority authorizing the issuance of Obligations designated as"Canyon Regional Water Authority tax-exempt contract Revenue Bonds(Lake Dunlap Project)series 2003'; acknowledging that these obligations will be sold to the Texas Water Development Board;ratifying,reconfirming,and readopting the provisions of a regional tax-exempt water supply contract previously approved and executed between the City of Cibolo,Texas and the Canyon Regional Water Authority; authorizing the Mayor and City Administrator of the City of Cibolo,Texas to execute on behalf of the City of Cibolo,Texas. All documents in connection with this transaction; and other matters in connection therewith. David Davenport of CRWA spoke concerning the contract and the awarding of bids for bonds. Councilman O'Brien made the motion to table resolution till problems are resolved. Seconded by Councilwoman Duggar. For:All,Against: None. 9. Discussion/Action (Annexation/Zoning) Annexation/Zoning A. Discussion/Action on Approval/Disapproval of Annexation request by Mr.Frederick S.& Sandra H. Schlather for 14.841 acres of land situated in a tract described in a Non-Homestead Affidavit and Designation of Homestead from Frederick S. Schlather,et ux,to The Public, volume 553,page 51,and consisting of Tract 1,called 114.57 acres,Tract 2,called 11.582 acres and Tract 3,called 26.542 acres,Trinidad Garcia Survey No. 94,A-137, Guadalupe County, Texas. (Annexation effective date of April 15,2003. Approval for Zoning is scheduled for April 22,2003) Councilman O'Brien made the motion to approve the annexation of 14.841 acres. Seconded by Councilman Williams. For:All,Against: None. B. Discussion/Action on Approval/Disapproval of Annexation request by Mr.Frederick S.& Sandra H. Schlather for 143.823 acres of land situated in a tract described in a Non-Homestead Affidavit and Designation of Homestead from Frederick S. Schlather,et ux,to The Public, volume 553,page 51,and consisting of Tract 1,called 114.57 acres,Tract 2,called 11.582 acres and Tract 3,called 26.542 acres,Trinidad Garcia Survey No. 94,A-137, Guadalupe County, Texas. (Annexation effective date of April 15,2003. Approval for Zoning is scheduled for April 22,2003) Councilman Campbell made the motion to approve the annexation of 143.823 acres. Seconded by Councilwoman Duggar. For: All,Against: None. 10. Discussion/Action(Builder/Development) Builder/Development A.Discussion/Action on Approval/Disapproval of revised Master Plan of Willowbridge H. Keith Gilbreath stated that this was a revised plan. The road has been realigned so there is access to Weiderstein Road. Councilman Campbell made the motion to approve the revised Master Plan of Willowbridge II. Seconded by Councilwoman Duggar. For: All,Against: None. B. Discussion/Action on Approval/Disapproval of Preliminary Plat of Willowbridge II,Unit 2. There is 116 lots and is zoned R-3,construction will begin in May 2003. Councilwoman Epperson made the motion to approve the preliminary Plat of Willowbridge II,Unit 2. Seconded by Councilman OBrien. For: All,Against: None. C. Discussion/Action on Approval/Disapproval of Final Plat of Cibolo Valley Ranch,Unit 2. This consist of 85 lots and is 14.99 acres,construction will begin in May 2003. Councilman Williams made the motion to approve the Final Plat of Cibolo Valley Ranch,Unit 2. Seconded by Councilman Campbell. For: All,Against: None. D.Discussion/Action on Approval/Disapproval of performance bond for Willowbridge II,Unit 1. ($195,265.05) Councilwoman Epperson made the motion to approve the performance bond for Willowbridge II, Unit I. Seconded by Councilwoman Duggar. For:All,Against: None. E.Discussion/Action on Approval/Disapproval of Preliminary Plat of The Estates of Deer Creek, Unit 2. Keith Gilbreath stated that there are still issues with this plat to include Cibolo Valley Drive and street name approval. Councilwoman Duggar made the motion to approve the Preliminary Plat of The Estates of Deer Creek,Unit 2 contingent on the drainage issue,site plan correction,medin into subdivision,connection into Greenbrook subdivision and no building permit until an alternate road to access IH35 other than FM3009. Seconded by Councilman Campbell.For: All,Against: None. F.Discussion/Action on Approval/Disapproval of request for approval of performance bond for � 4 e Falcon ridge Unit 4 in the amount of$102,546.79. Councilman O'Brien made the motion to approve the performance bond for Falcon Ridge Unit 4. Seconded by Councilwoman Duggar. For: All,Against: None. 11. Discussion/Action (General) General A. Discussion/Action on Approval/Disapproval of waiving Solicitor/Investigation fees for Volunteer Fire Department,in order to sell sausage supper/quilt raffle tickets. (10 Sellers=$170.00) Councilman O'Brien made the motion to approve the waiving Solicitor/Investigation fees for the CVFD,but only for members. Seconded by Councilman Williams. For:All,Against: None. B. Discussion/Action on Approval/Disapproval of Appointment of a member to the Parks and Recreation Commission to fill a vacancy. Councilman O'Brien made the motion to table item till April 8,2003 meeting. Seconded by Councilman Campbell.For: All,Against: None. C. Discussion/Action on Approval/Disapproval of directing staff to prepare changes to Ordinance 360 "The Animal Control Ordinance",Ordinance 360A,"The Animal Control Ordinance Revised"and 360B"Amendment to Animal Control Ordinance for Vaccinations". Councilwoman Duggar stated that she would like to have more time to review this ordinance. Councilman O'Brien made the motion to direct staff with Councilwoman Duggars input to work on revising ordinance. Seconded by Councilman Williams. For:All,Against: None. D. Discussion/Action on Approval/Disapproval of allowing Ella Construction to store material,City Sewer Extension Project,on city Property. Chuck Balcar stated that Ella Contractor needed some place to store their material. Councilman O'Brien made the motion to allow Ella Construction to store their material on city property. Seconded by Councilwoman Duggar.For: All,Against: None. E. Discussion/Action on Capital Facility Improvement Program. Councilman Campbell stated that the facility improvement committee would consist of two citizens/, professionals,and city workers. Councilwoman Duggar made the motion to approve the capital Facility Improvement Program. Seconded by Councilman Williams. For:All,Against: None. 11. Discussion Only Discussion on temporary sport facility on city Property on Loop 539. Chuck Balcar stated that on the City Property located on Loop 539 the Public Works department has erected some softball/soccer backstops to be used for sport teams. This is a temporary site. 13. Comments A. City Staff f Chuck Balcar stated that he went to Banderea to look at resurface project,thinks it would be a temporary fix to Borgfeld Road. Mark Riffe gave status of warrant program. B. City Council C. Mayor 14. Adjournment Councilwoman Epperson made the motion to adjourn at 9: 42 P.M. Seconded by Councilman Campbell. For:All,Against: None. PASSED AND APPROVED THIS 8TH DAY OF APRIL,2003. Charles Ruppert Mayor ATTEST: 4 14 VVl onne Griffin ty Secretary