Min CC 11/13/2008 REGULAR CITY COUNCIL MEETING
CIBOLO MUNICIPAL BUILDING
200 S. MAIN
November 13, 2008
7:00 P.M.
MINUTES
1. Call to Order Mayor Hartman called the meeting to order at 7:02 p.m.
2. Roll Call
Mayor Hartman
Councilman Pedde
Councilman Krasnai
Councilman Owens
Councilman Winn
Councilwomen Davis
Councilman Liparoto
Councilman Hetzel
Staff Present: City Manager Todd Parton, City Secretary Peggy Cimics, City Attorney Miguel
Matos, Police Chief Tom Curd,Fire Chief Roger Niemietz,Developmental Services Nancy McBeth
and Planner Jonette Ellis.
3. Invocation—Invocation was given by Councilman Owens.
4. Pledge of Alle ig ance—Councilman Winn led the Pledge of Allegiance.
Council moved to item lion the agenda at this time. Council convened into executive session at
7:06 p.m. Council reconvened into regular session at 7:31 p.m.
5. Citizens to be Heard
This is the opportunity for visitors and guests to address the City Council on any issue. City Council
may not debate any non-agenda issue, nor may any action be taken on any non-agenda issue at this
time however City Council may present any factual response to items brought up by citizens.
The following citizens spoke to council: Al Gillen of 232 Anvil Place spoke to council of the Multi-
Event Center, Main Street closures and a dirt pile located near his residence. George Twist of 3533
Green Valley Road spoke to council on his opposition to annexation.
6. Consent Agenda—Consent Items(General 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
councihnember 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 the minutes of the Regular City Council Meeting held on October 28,2008.
B. Acceptance of the Quarterly Investment Report for the period ending September 30, 2008
pending final acceptance of the City's financial audit for the 2008 Fiscal Year.
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Councilman Pedde moved to approve the consent agenda. Motion was seconded by Councilman
Owens. For: Council Members: Pedde, Krasnai, Owens, Winn, Davis, Liparoto and Hetzel;
Against:None. Motion carried 7 to 0.
7. Public Hearin
Field Notes for a 742.68 Acres area of land to be annexed into the City of Cibolo,Guadalupe
County,Texas; said 742.68 Acres of land is divided into four areas: A=35.87,D=622.45,F=31.49,
G=52.87 and all are adjacent and/or surrounded by the existing City Limits of the City of Cibolo,
Guadalupe County,Texas.
A Conduct a Public Hearing on the involuntary annexation of all properties located in the City of
Cibolo's Extraterritorial Jurisdiction(ETJ):
Tract A:
BEGINNING:Along the South Right-of-Way of the access road of Interstate 35 North at a
point adjacent to the City Limit line of the City of Cibolo, Guadalupe County,
Texas.
THENCE: N 41° 29' 19"E,for a distance of 1324.69' to a point;
S 31° 10' 41"E,for a distance of 1433.07' to a point;
S 58° 49' 19"W,for a distance of 1264.53'to a point;
N 31° 10' 41"W, for a distance of 1038.40' to the point of beginning and
containing 35.87 Acres more or less.
Mayor Hartman opened the Public Hearing on Tract A at 7:41 P.M. No citizens signed up or wished
to speak on this agenda item and Mayor Hartman closed the Public Hearing on Tract A at 7:42 p.m.
B. Conduct a Public Hearing on the involuntary annexation of all properties located in the City of
Cibolo's Extraterritorial Jurisdiction(ETJ):
Tract B: There are no properties in Tract B that are being annexed.
Mayor Hartman opened the Public Hearing on Tract B at 7:42 p.m. No one wish to speak on this
item and the mayor closed the Public Hearing on Tract B at 7:42 p.m.
C. Conduct a Public Hearing on the involuntary annexation of all properties located in the City of
Cibolo's Extraterritorial Jurisdiction(ETJ):
Tract C: There are no properties in Tract C that are being annexed.
Mayor Hartman opened the Public Hearing on Tract C. No wish to speak and the Public Hearing
was closed at 7:43 p.m.
D. Conduct a Public Hearing on the involuntary annexation of all properties located in the City of
Cibolo's Extraterritorial Jurisdiction(ETJ):
Tract D(1)
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BEGINNING: At a point of the intersection of the North Right-of-Way line of Green Valley
Road and West Right-of-Way line of Dean Road adjacent to the City Limit line of the City of
Cibolo,Guadalupe County,Texas.
THENCE: S 58° 02' 51"W,for a distance of 1689.30' to a point;
N 31° 32' 27"W,for a distance of 2171.94' to a point;
N 00' 45' 01"W, for a distance of 341.77' to a point;
N 59' 32' 32"E,for a distance of 1014.36'to a point;
S 32' 43' 09"E,for a distance of 576.59' to a point;
N 59' 37' 51"E,for a distance of 546.16' to a point;
S 29° 44' 56"E,for a distance of 1847.48' to the point of beginning and
containing 88.97 Acres more or less.
Tract D(2)
BEGINNING: At a point on the North Right-of-Way line of Green Valley Road and adjacent to
the City Limit line of the City of Cibolo, Guadalupe County,Texas.
THENCE: S 58-11-50 W,for a distance of 1424.34' to a point;
N 29° 39' 18"W, for a distance of 543.95'to a point;
N 59' 19' 54"E,for a distance of 360.71' to a point;
N 32° 01' 01"W,for a distance of 105.95' to a point;
S 59' 18' 36"W,for a distance of 357.95'to a point;
N 28' 06' 43"W, for a distance of 208.23'to a point;
N 57' 48' 02"E,for a distance of 446.50' to a point;
S 33° 11' 22"E,for a distance of 78.99' to a point;
N 58° 54' 00"E, for a distance of 924.36'to a point;
S 32° 57' 23"E,for a distance of 770.07 to the point of beginning and containing
24.95 Acres more or less.
Tract D (3)
BEGINNING: At a point on the Northwest Right-of-Way line of FM 1103 and adjacent to the
City Limit line of the City of Cibolo, Guadalupe County,Texas.
THENCE: S 31° 35' 39"E, a distance of 1439.68'to a point;
S 50' 17' 22"E, a distance of 408.43'to a point;
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S 18° 14' 17"W, a distance of 65.79' to a point;
S 74° 44' 23"W, a distance of 37.30 to a point;
S 58°�)22' 44"W,a distance of 2808.61' to a point;
N 32° 28' 40"W, a distance of 1091.60' to a point;
S 59° 02' 33"W,a distance of 784.32' to a point;
S 30° 15' 36"E, a distance of 662.97' to a point;
N 65° 14' 05"E, a distance of 81.87' to a point;
N 29° 30' 24"W, a distance of 246.72 to a point;
N 59° 18' 42"E, a distance of 165.77 to a point;
S 31° 48' 14"E,a distance of 677.97' to a point;
S 58° 43' 39"W,a distance of 641.14' to a point;
N 32° 26' 10"W, a distance of 1076.80' to a point;
S 58° 26' 00"W, a distance of 1436.77'to a point;
N 29° 29' 52"W, a distance of 792.84'to a point;
N 58° 28' 52"E, a distance of 5388.54' to the point of beginning and containing
179.76 Acres more or less.
Tract D(4)
BEGINNING: At a point of the intersection of the North Right-of-Way line of Green Valley
Road and East Right-of-Way line of FM 1103 and adjacent to the City Limit line of the City of
Cibolo,Guadalupe County,Texas.
THENCE: N 49° 31' 12"W, a distance of 295.68'to a point;
N 60° 30' 09"W, a distance of 123.05' to a point;
N 51° 53' 31"W, a distance of 165.40'to a point;
N 31° 48' 08"W, a distance of 794.45'to a point;
N 60° 03' 09"E,a distance of 1672.38'to a point;
S 33° 07' 50"E, a distance of 1307.98' to a point;
S 59° 03' 18"W, a distance of 1496.10'to the point of beginning and,containing
49.82 Acres more or less.
Tract D(5)
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BEGINNING: At a Northern most end of the East Right-of-Way line of Town Creek Road and
the Southern Right-of-Way of Green Valley Road and adjacent to the City Limit line of the City
of Cibolo, Guadalupe County,Texas.
THENCE: N 58° 37' 41"E, a distance of 977.83'to a point;
S 32° 55' 54"E, a distance of 1110.38' to a point;
S 59' 33' 17"W,a distance of 1065.91'to a point;
N 32° 07' 31"W, a distance of 1005.45' to a point;
N 07° 42' 11"E,a distance of 112.54' to the point of beginning and containing
26.67 Acres more or less.
Tract D(6)
BEGINNING: At a point on the South Right-of-Way line of Green Valley Road and adjacent to
the City Limit line of the City of Cibolo, Guadalupe County,Texas.
THENCE: N 58° 07' 50"E,a distance of 385.37' to a point;
S 32' 32' 32"E, a distance of 385.98' to a point;
S 56' 17' 13"W, a distance of 378.32' to a point;
N 33° 33' 49"W, a distance of 398.30' to the point of beginning and containing
3.44 Acres more or less.
Tract D(7)
BEGINNING: At a point on the South Right-of-Way line of Green Valley Road and adjacent to
the City Limit line of the City of Cibolo, Guadalupe County,Texas.
THENCE: S 32° 02' 46"E, a distance of 1026.98' to a point;
N 56' 15' 56"E, a distance of 84.19' to a point;
S 31' 16' 34"E, a distance of 1213.08'to a point;
S 56° 06' 58"W,a distance of 546.03' to a point;
N 34° 11' 42"W, a distance of 1131.42' to a point;
S 56' 12' 32"W,a distance of 610.58'to a point;
S 32° 57' 07"E, a distance of 890.47'to a point;
N 59° 32' 49"E,a distance of 361.27' to a point;
S 36' 34' 48"E, a distance of 210.70'to a point;
S 58' 11' 26"W, a distance of 1087.25' to a point;
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S 31° 09' 02"E, a distance of 689.49' to a point;
S 22° 57' 14"W, a distance of 106.39' to a point;
S 58° 31' 33"W, a distance of 791.80' to a point;
N 32° 06' 24"W, a distance of 2998.06' to a point;
N 58° 05' 38"E, a distance of 2718.84'to the point of beginning and containing
143.68 Acres more or less.
Tract D(8)
BEGINNING: At a point on the East Right-of-Way line of Town Creek Road and adjacent to
the City Limit line of the City of Cibolo, Guadalupe County,Texas.
THENCE: N 28° 19' 39"W, a distance of 252.10' to a point;
N 60° 35' 01"E,a distance of 317.01' to a point;
S 34° 21' 45"E, a distance of 231.46'to a point;
S 56° 59' 30"W, a distance of 342.43' to the point of beginning and containing
1.83 Acres more or less.
Tract D(9)
BEGINNING: At a point on the East Right-of-Way line on Weidner Road and adjacent to the
City Limit line of the City of Cibolo, Guadalupe County,Texas.
THENCE: N 15° 44' 44"W, for a distance of 541.11' to a point;
N 17° 29' 55"W,for a distance of 725.82' to a point;
N 59° 40' 06"E,for a distance of 521.31' to a point;
S 32° 34' 21"E, for a distance of 680.95'to a point;
N 57° 50' 33"E,for a distance of 103.33' to a point;
S 32° 46' 10"E,for a distance of 522.92'to a point;
S 57° 47' 36"W,for a distance of 971.45' to the point of beginning and
containing 103.33 Acres more or less.
Mayor Hartman opened the Public Hearing for Tract D at 7:43 p.m. The following citizens spoke in
opposition of the annexation: Roger Eve- 103 Cibolo Tulle, Clara Coffman—3549 Green Valley
Road, and Phil Hill—3653 Green Valley Road. Mayor Hartman closed the meeting at 8:14 p.m.
E. Conduct a Public Hearing on the involuntary annexation of all properties located in the City of
Cibolo's Extraterritorial Jurisdiction(ETJ):
Tract E: There are no properties in Tract E that are being annexed.
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Mayor Hartman opened the Public Hearing on Tract E at 8:14 p.m. No citizens signed up to be heard
and the Public Hearing was closed at 8:14 p.m.
F. Conduct a Public Hearing on the involuntary annexation of all properties located in the City of
Cibolo's Extraterritorial Jurisdiction(ETJ):
Tract F(1)
BEGINNING: At the intersection of the West Right-of-Way line of Brite Road and the North
Right-of-Way line of Weil Road and adjacent to the City Limit line of the City of Cibolo,
Guadalupe County,Texas.
THENCE: S 54° 40' 52"W,a distance of 198.30' to a point;
S 60° 41' 01"W, a distance of 61.74' to a point;
N 32' 29' 16"E, a distance of 66.18' to a point;
N 19° 53' 12"E,a distance of 181.25'to a point;
N 02° 33' 35"E, a distance of 129.29' to a point;
S 28° 08' 55"E, a distance of 238.80 to the point of beginning and containing
0.56 Acres more or less.
Tract F(2)
BEGINNING: At a point on the West Right-of-Way line on Tolle Road and adjacent to the City
Limit line of the City of Cibolo, Guadalupe County,Texas.
THENCE: S 32' 32' 12"E, a distance of 572.11' to a point;
S 57° 11' 50"W,a distance of 364.41'to a point;
N 33' 04' 48"W,a distance of 597.12'to a point;
N 58° 08' 30"E, a distance of 338.29' to a point;
N 88' 42' 06"E,a distance of 37.20' to the point of beginning and containing
5.00 Acres more or less.
Tract F(3)
BEGINNING: At a point on the South Right-of-Way line of FM 1103 Road and adjacent to the
City Limit line of the City of Cibolo, Guadalupe County,Texas.
THENCE: S 31° 38' 59"E,a distance of 533.37' to a point;
S 56° 03' 17"W,a distance of 155.58' to a point;
N 33° 04' 23"W, a distance of 538.98' to a point;
N 58° 04' 52"E,a distance of 168.84' to the point of beginning and containing
2.00 Acres more or less.
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Tract F(4)
BEGINNING: At a point on the West Right-of-Way line on Tolle Road and adjacent to the City
Limit line of the City of Cibolo, Guadalupe County,Texas.
THENCE: S 31° 56' 58"E, a distance of 706.74' to a point;
S 59° 14' 21"W, a distance of 1508.59'to a point;
N 31° 12' 23"W, a distance of 679.49'to a point;
N 58' 12' 11"E, a distance of 1499.46'to the point of beginning and containing
23.93 Acres more or less.
Mayor Hartman opened the Public Hearing on Tract F at 8:16 p.m. No citizens wish to speak and
the Mayor closed the Public Hearing at 8:16 p.m.
G. Conduct a Public Hearing on the involuntary annexation of all properties located in the City of
Cibolo's Extraterritorial Jurisdiction(ETJ):
Tract G(1)
BEGINNING: At a point on the West Right-of-Way line on Tolle Road and adjacent to the City
Limit line of the City of Cibolo, Guadalupe County,Texas.
THENCE: S 30° 26' 08"E, a distance of 900.94' to a point;
S 58° 09' 26"W, a distance of 2508.83'to a point;
N 32° 18' 01"W,a distance of 924.54' to-a point;
N 58' 41' 43"E, a distance of 2538.45'to the point of beginning and containing
52.87 Acres more or less.
Mayor Hartman opened the Public Hearing on Tract G at 8:16 p.m. No citizens wished to speak and
the mayor closed the Public Hearing at 8:17 p.m.
8. Certification/Canvassing�of the November 4- 2008 Election.
City Secretary Peggy Cimics read off the following results of the Cibolo Special Election
held on November, 2008.
Proposition 1 For: 4456 Against: 1767
Proposition 2 For: 4627 Against: 1572
Proposition 3 For: 4015 Against: 2127
Proposition 4 For: 3175 Against: 2995
Proposition 5 For: 3419 Against: 2766
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All propositions passes. Council acknowledge receipt of results.
9. Discussion/Action
A. Discussion/Action on the removal, appointments and re-appointments to Cibolo Boards,
Commissions and Committees.
Councilman Pedde moved to appoint Robert Nolen to the Streets and Drainage
Commission. Motion was seconded by Councilman Owens. For: Council Members:
Pedde, Krasnai, Owens, Winn, Davis, Liparoto and Hetzel; Against: None. Motion carried
7to0.
B. Discussion/Action and Approval/Disapproval of the Levy Expected Revenue Report,
Recap and Standing Report and Assessment Roll Grand Totals for 2008 from the
Guadalupe County Tax Assessor.
Councilman Winn moved to approve the Levy Expected Revenue Report, Recap and
Standing Report and Assessment Roll Grand Totals for 2008 from the Guadalupe County
Tax Assessor. Motion was seconded by Councilman Krasnai. For: Council Members:
Pedde, Krasnai, Owens, Winn, Davis, Liparoto and Hetzel; Against: None. Motion carried
7to0.
C. Discussion/Action and/or direction to staff on the Contract between the City of Cibolo
and the Cibolo Youth Association for use of City facilities/property.
Councilman Winn moved to approve the contract between the City of Cibolo and the Cibolo
Youth Association for use of City facilities/property. Motion was seconded by
Councilwoman Davis. For: Council Members: Pedde, Krasnai, Owens, Winn, Davis,
Liparoto and Hetzel; Against: None. Motion carried 7 to 0.
D. Discussion/Action regarding the bid results received for the Cibolo Outdoor Multi Event
Venue.
Andy Simpson briefed council on the results received for the Cibolo Outdoor Multi Events
Venue.
E. Discussion/Action and direction to staff on awarding the bid for the Cibolo Outdoor
Multi Event Venue.
Councilman Owens moved to approve the contract with 3TI, Inc. for the Cibolo Outdoor
Multi Event Venue in the amount of $1,789,000. Motion was seconded by Councilman
Winn. For: Council Members: Pedde, Krasnai, Winn, Liparoto and Hetzel; Against: Davis.
Motion carried 6 to 1.
Mayor Hartman left the Council Chambers at 8:45 and Mayor Pro-Tem Winn took over the
meeting.
F. Discussion/Action and direction to staff on a change order from Qro Mex Construction
for the utility work on the Main Street Re-Construction Project.
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Councilman Winn moved to approve the change order from Qro Mex Construction for the
utility work on the Main Street Re-construction Project. Motion was seconded by
Councilman Owens. For: Council Members: Pedde, Krasnai, Owens, Winn, Davis,
Liparoto and Hetzel; Against: None. Motion carried 7 to 0.
G. Discussion/Action and direction to staff on amending the sign ordinance No. 583 to
allow the developer to post signs within a residential subdivision.
Council requested that this item be brought to council on the second agenda in January
2009.
H. Discussion/Action and/or direction to staff on allocating funds from the Veteran's
Memorial Park Fund for park beautification.
Council requested that this item be brought back to the second meeting in January 2009 and
that staff have a Landscape Plan prepared for council.
Mayor Hartman returned to the council chambers at 8:58 p.m.
I. Discussion/Action and/or direction to staff regarding increasing the City's commitment
to purchase more raw water through GBRA and to increase the City's share of CRWA's
debt service for the Lake Dunlap treatment plant and the Mid-Cities water distribution
system..
Council directed staff to continue working with CRWA to put together a proposal that will
allow Cibolo to purchase more raw water.
J. Discussion/Action and/or direction to staff on the selection process for the Gary Kelly
Memorial Community Service Award.
Councilman Winn moved to approve the nomination process for the Gary Kelly Community
Service Award. Councilman Pedde seconded the motion. For: Council Members: Pedde,
Krasnai, Owens, Winn, Davis, Liparoto and Hetzel; Against None. Motion carried 7 to 0.
K. Discussion/Action to acknowledge rescheduling the Public Hearing for amendment of
the Transportation Impact Fee for December 9, 2008.
Councilman Pedde moved to acknowledge the rescheduling of the Public Hearing on the
amendment of the Transportation Impact Fees for December 9, 2008. Motion was seconded
by Councilman Liparoto. For: Council Members: Pedde, Krasnai, Owens, Winn, Davis,
Liparoto and Hetzel; Against: None. Motion carried 7 to 0.
L. Discussion/Action on the review and confirmation of all upcoming special meetings and
workshops and scheduling the time, date, and place of additional special meetings or
workshops.
Council went over the calendars for November and December 2008.
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10. Ordinances
A. Approval/Disapproval of an ordinance amending Ordinance No 768 granting Bexar
Waste, Inc a franchise to operate a garbage collection service in the City of Cibolo.
Councilman Winn moved to approve the ordinance amending Ordinance No. 768 granting
Bexar Waste, Inc. a franchise to operate a garbage collection service in the City of Cibolo.
Councilman Liparoto seconded the motion. For: Council Members: Krasnai, Pedde,
Owens;Winn, Davis, Liparoto and Hetzel; Against: None. Motion carried 7 to 0.
B. Approval/Disapproval of an ordinance canvassing the November 4, 2008 election on the
submitted propositions by the residents, qualified electors of the City who voted in the
election.
Councilman Winn moved to approve the ordinance canvassing the November 4, 2008
election results for the five propositions that were submitted to the voters. Councilwoman
Davis seconded the motion. For: Council Members: Pedde, Krasnai, Owens, Winn, Davis,
Liparoto and Hetzel; Against: None. Motion carried 7 to 0.
11. Executive Session
The City Council will meet in Executive Session as authorized by the Texas Gov't Code
Sec.551.072 Deliberation about Real Property and 551.071 Consultation with Attorney to
discuss the following:
A.Discuss the purchase, exchange, lease or value of real property.
B.Discussion regarding legal issues surrounding Koehler drainage easement.
This item was completed early in the meeting. Council went into executive session at 7:06
p.m.
12. ,Open Session
Reconvene into Regular Session and take action/or give direction, if necessary, on items
discussed in Executive Session.
Council reconvened into regular session at 7:31 p.m. No action taken
13. Staff Updates
A. Capital Projects Schedule—2006/2007 Bond Projects
B. Departmental Reports.
City Manager Todd Parton briefed council on the above items.
14. City Council request(s) reg specific items or staff reports to be scheduled for future
agendas.
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Councilman Hetzel requested that council receive an update to the subdivision ordinance.
15. Adjournment
Councilman Pedde moved to adjourn the council meeting at 9:46 p.m. Councilman Krasnai
seconded the motion. For: Council Members: Pedde, Krasnai, Owens, Winn, Davis,
Liparoto and Hetzel; Against: None. Motion carried 7 to 0.
PASSED AND APPROVED THIS 9'DAY OF DECEMBER 2008.
ennife artman
Mayor
ATTEST
/,eqq'y Z�L- �
Peggy Cimics
City Secretary
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