Min CC 10/28/2003 REGULAR CITY COUNCIL MEETING
CIBOLO MUNICIPAL BUILDING
109 S.MAIN
October 28,2003
7:00 P.M.
MINUTES
1. Call to Order—Mayor Ruppert called the meeting to order at 7: 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)
Steve Lipadado-Item 7B.
Nathan Gray-Dan/Terry Van Syoc provided a letter to be read,they were unable to attend the meeting
tonight,addressed to the Mayor concerning the building of the new city hall. Would like to see that city hall
be put off and other city items such as police department and fire station be addressed.
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 14,2003,Joint Public Hearing with Planning and Zoning minutes.
C. Approval of 2002-03,401 Quarter Financial and Investment reports.
D. Approval of the hiring of Sherman Harrison for the position of Patrolman in the Cibolo
Police Department.
E. Accept Resignation of Planning and Zoning Commissioner Michelle Phelps.
F. Appoint David Kinnon to the Planning and Zoning Commission.
G. Acceptance of a Bond from Charleston Parke Unit#1 Subdivision in the amount of
$180,784.38 to allow recordation of the plat and the issuance of building permits
H. Acceptance of a Bond from Greenbrook Unit#1'Subdivision in the amount of
$464,482.97 to allow recordation of the plat and the issuance of building permits.
Item 6H.was pulled from the agenda due to not be ready. Councilman Sutton pulled item 6A. Councilman
Williams made the motion to approve the consent agenda items 6B-G. Seconded by Councilman Campbell.
'For: All,Against:None. Councilman Sutton made the motion to table item 6A. Seconded by Councilman
O'Brien. For:All,Against:None.
7.Discussion Only
A.Updated financial report on the 2003 Cibolofest held October 41,2003.
Ann Almond gave an update on Cibolofest, stated that the profit of$3567.52.
B. Discussion on supplementary funding request by the Cibolo Volunteer Fire Department
Incorporated.
� Steve Lipardo passed out the budget over the last couple of years. Briefed the Council on the boat
that is used during floods,and the thermal camera used during fires. Councilman O'Brien stated that
looking at the budget it looks like the city is 65% of the budget,which seems to be a lot for an
agency which is not a,city. Steve stated that this budget only show the city's funds not the county's.
Council William stated that after reviewing the budget document is concerned about the county
funds not being shown. Also stated that he would like to see the fire department to negotiate with
the county for additional monies, or change the contract. Mayor Ruppert stated that the city has
increased the fire budget while the county has cut their budget,asked if they're asking the council to
make up the difference. Chuck Balcar explained the mutual aid between all fire departments.
Councilman Sutton asked for clarification on the funds used by the fire department. Mayor Ruppert
stated that he was very pleased with the fire department and that they deserve more money but it
needs to come from the county and not the city.
8. Ordinance
Approval/Disapproval of an ordinance adopting a sexual harassment policy for the City of Cibolo;
providing for definitions; addressing intimate relationships; complaint reporting,procedure,and
investigation;retaliation;harassment by public or service provider; acknowledgement; severability
conflicts; and effective date. (Tabled from October 14,2003 meeting).
Councilman Campbell made the motion to table item. Seconded by Councilman O'Brien. For: All,
Against:None.
9. Discussion/Action(Builder/Development)
A. Approval/Disapproval of Annexation 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.
Mayor Ruppert stated that the two public hearing were made. Planning and Zoning approved
contingent on a construction easement. Garth Coursen, 132 Wright Landing,concerned about why
only portion of the property and not the whole property,and also about the traffic of this area. There
was discussion on the completion of Cibolo Valley Drive at one time versus different. Councilman
Sutton made the motion to approve the annexation 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. Seconded by Councilman Williams. For:All,
Against: None.
B. Approval/Disapproval of Rezoning request by Ms.Wilma Honzell Rhew from C-1 to R-3 Zoning
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. (Tabled from October 14,2003)
Chuck Balcar stated that he would like the council to rescind their last motion due to some of the
land not-being located in the city. Councilman O'Brien made the motion to rescind the motion that
was made on October 14,200 to rezone the R-1 to R-3. Seconded Councilman Campbell. For: All,
Against:None.
C.Approval/Disapproval of Final Plat for Bentwood Ranch Subdivision,Unit 1-A.
Councilwoman Gray asked about outstanding impact fees. Perry Blanton stated that he would have
to go back and research this from 1998. Mayor Ruppert asked about Planing and Zoning
recommendation about the drainage issue.Brian Cope stated that has been taken care of. There was
discussion concerning the retention pond. Councilman Sutton asked if their any city guidelines for
building of a retention ponds. Rudy Klein and Chuck Balcar stated that there weren't any.
Councilman Sutton made the motion to approve the Final Plat for Bentwood Ranch Subdivision,
Unit 1-A. Seconded by Councilman Campbell. For: Councilmen Campbell, Sutton,O'Brien and
Williams. abstained.None Against: Councilwoman Gray
D.Approval/Disapproval of Final Plat for Bentwood Ranch Subdivision,Unit 2.
Planning and Zoning recommendation was approval contingent upon review by City Engineer.
Councilman Campbell made the motion to approve the Final Plat for Bentwood Ranch Subdivision,
Unit 2. Seconded by Councilman Williams. For: All,Against: None.
E. Approval/Disapproval of a Preliminary Masterplan for approximately 55.7 acres of the Kardys
property located along Borgfeld Road as presented by Sam Bledsoe, engineer for Continental
Homes. (P&Z recommended approval)
Councilman Williams made the motion to approve the Preliminary Masterplan contingent upon
permanent easement and temporary road to match the masterplan for Cibolo Valley drive. Seconded
by Councilman O'Brien. For:All,Against:None.
F. Approval/Disapproval of a request by Derrick&Kathryn Black to amend the plat for two lots on
Sunflower to make one lot from the two that are currently platted. (P&Z recommended
approval)
Councilman O'Brien made the motion to approve the request by Derrick&Kathryn Black to amend
the plat for two lots on Sunflower to make one lot from the two that are currently platted. Seconded
by Councilman Campbell. For: All,Against: None.
G. Approval/Disapproval of variance requests by Armadillo Homes for a 49-foot, 11-inch flag pole
to display the American Flag and two 30-foot flag poles to display advertising/logo flags. (P&Z
recommended approval)
Chuck Balcar stated that the Planning and Zoning approved with a contingent no longer than 18
months. Councilman O'Brien made the motion to approve the variance requests by Armadillo
Homes,with a condition of no longer than 24 month or the last home sold. Seconded by
Councilman Williams. For: All,Against:None.
10. Discussion/Action(General)
A.Approval/Disapproval of directing the staff to amend the 2003-04 budget to reflect the anticipated
unexpected revenue from the lease of property in the Industrial Park to Cingular Wireless.
Chuck Balcar stated that this was unidentified revenue. The changes have been through the attorney
and there have been changes. It will be$750 dollars a month that was unexpected. Councilman
Sutton made the motion to direct city staff to amend the budget,to include having a list of expense
for the next meeting. Seconded by Councilman Campbell. For:All,Against:None.
B.Authorization to receive bids for the construction of the new municipal facility to be constructed
at Main Street and Loop 539.
Pre construction meeting on November 14,2003 with a bid opening on November 20,2003.
Councilman Sutton stated that he would abstain from discussion and action from this agenda item.
Councilman O'Brien made the motion to authorize bids for the construction of the new municipal
facility. Seconded by Councilman Campbell. For: Councilwoman Gray, Councilmen Campbell,
O'Brien,and Williams.Against: None. Abstain: Councilman Sutton.
C. Approval/Disapproval on authorizing Tejas Excavation to cut and excavate street to install water
main at Woodstone. Cross streets would be Dietz and Borgfeld.
4 G
,S t Chuck Balcar stated that Tejas Excavation would like to amend the request and excavate on Spice
Oak,near Dietz Road,instead. Councilman Sutton asked about using a different substance which
would allow driving about four hours after being laid. Councilman Sutton made the motion to
approve the authorization for Tejas Excavation to cut 5-foot excavation on Spice Oak near Dietz
Road,with City Engineer reviewing the back fill procedures. Seconded Councilman Campbell. For:
All,Against:None.
D. Approval/Disapproval of holiday schedule for the upcoming holidays. (Veterans Day,
Thanksgiving and Christmas)
There was discussion on the holiday schedule. Councilman O'Brien made the motion to cancel the
meetings on November 11th,25th and December 23rd. The meeting for November will be held on
the 13th. Seconded by Councilman Gray. For:All,Against:None.
E. Approval/Disapproval of agreement with Green Valley SUD.to provide water in an emergency.
Councilman Williams asked about the agreement. Councilman Williams,made the motion to
approve. Seconded by Councilwoman Gray.For: All,Against:None.
11. Comments
A. City Staff
Chuck Balcar briefed on CRWA. Spoke with ASC paving about doing some work on Borgfeld
during the Veterans Day holiday,from Dobie to the drainage ditch. Last count on Developers on
FM1103 is approx. 5 new subdivisions.
B. City Council
Councilman O'Brien asked about the sign on IH35 from Wiederstein to Cibolo Valley Drive.
Councilman Williams made comments about CRWA.
Councilwoman Gray thanked the staff for their hard work with special thanks to to the Public works
director Robert Arenas and the police chief Mark Riffe.
C. Mayor-None
12. Adjournment
Councilman Campbell made the motion to adjourn at 10:30 P.M. Seconded by Councilman Sutton.
For: All,Against:None.
PASSED AND APPROVED THIS 13th DAY OF NOVEMBER,2003.
Charles Ruppert
Mayor
ATTEST:
vonne i m !,
ity Secretary