Min CC 06/25/1996 MINUTES OF CITY COUNCIL MEETING
THE CITY COUNCIL OF CIBOLO CONDUCTED A REGULARLY SCHEDULED MEETING
ON TUESDAY, JUNE 25,AT 7:00 P.M.AT THE MUNICIPAL BUILDING,109 SOUTH MAIN
STREET,CIBOLO,TEXAS.THE FOLLOWING WAS BE THE ORDER OF BUSINESS:
I. CALL TO ORDER
Mayor Sam Bauder called the meeting to order at 7:00 p.m.
II. ROLL CALL.
Present were Mayor Bauder,and Councilmen Jeff Miller, Mark Buell and Chuck Ridge and
Councilwoman Gail Douglas.Bob Glisar was absent.
Staff was represented by Public Works Director Keith Gilbreath,City Attorney Ron Flake,City
Administrator Chuck Balcar,City Engineer Ed Ford,Police Chief Wes Suiter and intern Rudy Farias.
III. INVOCATION.
Mayor Bauder provided the invocation.
IV. PLEDGE OF ALLEGIANCE.
Mayor Bauder led the pledge.
V. CITIZENS TO BE HEARD. (LIMIT 3 MINUTES EACH)
Lamar Mgt of Universal City asked that the City Council not grandfather any fireworks stand that would
be affected by the pending annexation.
Lief Zars of Gary pools provided the Council with information on water used by swimming pools.He said
that pool owners useless than 1/100 of afoot of the aquifer annually.He also provided the Council with
examples and photos of pool covering that reduce loss due to evaporation.
Bob Hutson of River Oaks Pools stated that lack of replenishment of pools is a safety factor.
Keith Zars stated that pools use very little water.
Fred Niemietz spoke for a group of five property owners that wanted to be annexed and to get rid of the
fireworks stands.If the City grandfathers the stands,the property owners want to withdraw their petition
for annexation.
Barbara Schnieder said that she did not favor a total ban on lawn watering and complained about speeders
on Buffalo Trail.Her thesis was that it would do no good to limit watering in Cibolo if other cities did not
also take action. She said the City should issue tricycles to throw under cars as they speed by.
The Mayor responded to the watering issue by saying someone has to be the leader on the issue.
George Lessarde was pleased when the Council clarified for him that soaker hose use would still be
allowed.
Maria Crawford also complained about the speeders on Buffalo Trail.
Joyce Schryver asked if the City could park a police cruiser on the street to control speeders.
A. APPROVAL OF MINUTES OF JUNE 11,1996 MEETING
Mr.Miller moved for approval,seconded by Mr.Buell. Approved.
B.PROCLAMATION SUPPORTING ST.PHILIP'S COLLEGE IN THEIR EFFORTS
TO BEGIN OFFERING CLASSES IN THE GREATER RANDOLPH METROCOM
AREA
Mayor Bauder announced the city's support and said he would sign the proclamation.
VII. ANNEXATION OF FIVE PROPERTIES ALONG FM 78 EAST(NEAR ITS
INTERSECTION WITH COUNTRY LANE)OF THE CURRENT CIBOLO CITY
LIMIT AND ADOPTION OF A SERVICE PLAN FOR THE AREA
A. 1.01 ACRES OUT OF GERONIMO LEAL ORIGINAL SURVEY#83,
RECORDED IN GUADALUPE COUNTY DEED RECORD BOOK 104,PAGES 64
AND 65. (OWNER IS MARY ELEANOR CAPPERINO)
Mr.Miller moved for approval,seconded by Mr.Buell.Approved.
B. 3.00 ACRES OUT OF GERONIMO LEAL ORIGINAL SURVEY#85,
ABSTRACT NO. 210,RECORDED IN VOLUME 281,PAGE 575 OF GUADALUPE
COUNTY DEED RECORDS. (OWNERS ARE BILLY R. AND BARBARA N.
HEIMAN AND VIOLA E. NIEMIETZ)
Mr.Buell moved for approved,seconded by Ms.Douglas. Approved.
C. 3.221 ACRES OUT OF GERONIMO LEAL ORIGINAL SURVEY#85,
ABSTRACT NO. 210,RECORDED IN VOLUME 281,PAGE 575 OF GUADALUPE
COUNTY DEED RECORDS.(OWNER IS DANIEL B.NIEMIETZ)
Mr.Buell moved for approved,seconded by Ms.Douglas. Approved.
D. 3.00 ACRES OUT OF GERONIMO LEAL ORIGINAL SURVEY#85,
ABSTRACT NO. 210,RECORDED IN VOLUME 281,PAGE 575 OF GUADALUPE
COUNTY DEED RECORDS. (OWNERS ARE JOSEPH R. AND DIANE NIEMIETZ)
Mr.Buell moved for approved,seconded by Mr.Ridge. Approved.
E. 3.00 ACRES OUT OF GERONIMO LEAL ORIGINAL SURVEY#85,
ABSTRACT NO. 210,RECORDED IN VOLUME 281,PAGE 575 OF GUADALUPE
COUNTY DEED RECORDS. (OWNERS ARE FERDINAND L. AND MARTHA A.
NIEMIETZ)
Mr.Buell moved for approved,seconded by Ms.Douglas. Approved.
F. ADOPTION OF SERVICE PLAN FOR RECENTLY ANNEXED PROPERTIES
Mr.Miller moved for approval,seconded by Mr.Buell.Approved.
VIII. DISCUSSION APPROVAL OF PRELIMINARY AND FINAL REPLAT OF DEER
CREEK SECTION II,PHASE I THAT EXTENDS THE REAR YARDS TO INCLUDE
A GAS LINE
Keith Gilbreath explained that the developer wanted to give the homeowners an additional 30 feet of
backyard by deeded the gas line easement behind each property.Mr.Buell moved for approval of
preliminary and final replat for the property,seconded by Mr.Miller. Approved.
IX. DISCUSSION APPROVAL OF FINAL PLAT FOR ROYAL OAKS ACRES, SECTION
Engineer Ed Ford said that there was a problem with the plat showing lots in the floodway of the 100-year
flood.He said NFIP requires a hydrological study before any structure can be built in the floodway and
proof that the structures will not impede the flow of flood water.He recommended that the entire drainage
be given as a right-of-way.
The developer,Mark Vaughan,wanted the backyards of five lots to include the floodway and was seeking
a variance from curbs and gutters(which had been tabled by the Council on April 23).
Al Rich of the Planning and Zoning Commission spoke that he was against giving the subdivision a
variance from the subdivision ordinance that requires curb and gutters.He felt that the City needed to
specify on the plat that restrictions are in place that prevent building in a flood plain.
Councilman Miller asked if a fence could be constructed in a flood plain.Mr.Ford said that as a matter of
rule,the floodway should be left open for free flow of water.
Mr.Ridge said that the City cannot afford to go in and pay for necessities that the developer does not
provide.Mr.Buell also felt that the curbs,gutters and sidewalks must be constructed.
Ms.Douglas recommended disapproval of the plat,Mr.Buell seconded it. Motion passes and the plat is
rejected.
X. PARKS ISSUES
A. DISCUSSION ON RECREATION BUILDING AT NIEMIETZ PARK
The Mayor asked for citizen input on what should be done with the old recreation building at the City
Park. A new building is to be constructed with a match grant received from the TEXAS PARKS AND
RECREATION Commission.Ms.Douglas said that she knows of someone who will move it.The citizens
present expressed concern that the City should spend no money on restoring it.
B. AUTHORIZATION TO SIGN CONTRACT FOR$50,000 GRANT WITH TEXAS
PARKS AND RECREATION
Rudy Farias said that the Texas Historical Commission had precleared our study at the Park.
M. DISCUSSION/ACTION ON AN ORDINANCE TO AMEND THE DEMAND
MANAGEMENT PLAN FOR THE CITY OF CIBOLO AND ADOPT THE OUTSIDE
WATERING SCHEDULE FOR STAGE I,STAGE II, STAGE III AND STAGE IV.
Jeff Miller recommended approval of the new ordinance,which includes a Stage IV Demand Management
Plan level of 628 feet at the JK-17 well and forbids the use of sprinklers or sprinkler systems by Cibolo
water customers. Seconded by Gail Douglas.Mr.Buell said that we require everyone to be fugal.He said
that it was unfortunate that everyone was not conserving the limited resource.
Mayor Bauder echoed this sentiment and said that we must show some leadership in conservation as we
were not reaching our assigned mandatory conservation target. Gail Douglas moved that the Stage IV
level be set at 628,seconded by Mr.Ridge. Approved.
The Mayor then proclaimed that 628 feet would be the level for Stage IV and said that he would put the
City into Stage IV once the aquifer fell to that level.He noted that the level was less than one foot above
628 feet on the morning of the meeting.The Ordinance passed unanimously.
XII. EXECUTIVE SESSION
PURSUANT TO SECTION 551.072 OF THE TEXAS GOVERNMENT CODE CONCERNING
DISCUSSIONS ON PURCHASES OF REAL PROPERTY
A. DISCUSSION ON OFFER OF EXCHANGE OF LAND/PROPERTY FOR
FUTURE CITY OF CIBOLO PARK EXPANSION/IMPROVEMENTS
The Mayor called the Council into executive session with Perry Blanton of Captex and Tim Rice of Scott
Felder Homes.
B. RECONVENE FOR NECESSARY ACTION
The Mayor called the Council back into regular session at 9:25 p.m.No action was taken.
XIII. 15 IVIINUTE RECESS AND RECONVENE FOR BUDGET WORKSHOP
Due to the late hour,the workshop was canceled.
XIV. COMMENTS BY COUNCIL MEMBERS
Mark Buell said that the Cibolofest Golf Tournament was to be held this Saturday and there had been a
large show of support from the business community--39 sponsors had been lined up. Also,we said that
the GVEC was sponsoring a businessmen's breakfast Thursday morning at Denny's.
XV. COMMENTS BY STAFF
Mr.Farias said that we would have the Parks Contract within two weeks.
XVI. COMMENTS BY MAYOR
XVII. ADJOURNMENT
Ms.Douglas made the motion. G
APPROVED AND ADOPTED ON THE 1 DAY OF 1996
Hon Sam Bauder,Mayor
A T:
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CHARLES BALCAR,CITY SECRETARY