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Min CC 10/14/2003 Y REGULAR CITY COUNCIL MEETING CIBOLO MUNICIPAL BUILDING 109 S.MAIN October 14,2003 7:00 P.M. MINUTES 1. Call to Order—Mayor Ruppert called the meeting to order at 7:10 P.M. 2. Roll Call—All members of council were present. 3. Invocation—Councilman O'Brien gave the invocation. 4. Pledge of Allegiance—Mayor Rupert led the Pledge of Allegiance. 5. Citizens to be Heard(limit of three minutes each) Steve Liparetto—Requesting agenda for next meeting concerning the funding for the fire department. Stated that the call load has increase but the funding has not. Stated that there has been a cut in training,mapping out new subdivision and vehicle maintenance due to funds. Ann Almond—Stated that she needed an agenda item for the next meeting for the update on the Cibolofest. Mayor Ruppert handed out the certificates for Cibolofest. 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 September 23,2003,Regular City Council Minutes. B. Approval of September 23,2003,Public Hearing with City Council. C. Approval of check Register for September,2003. D. Approval of Hiring Ed Beasley as the Chief Building Inspector. E. Approval of Promoting Joseph Schulle to Public Works Laborer II. F. Approval of appointment of Lee Perry as Fire Marshall. G. Approval of City of Cibolo's 2003 Tax Roll. Councilman O'Brien made the motion to approve Councilman O'Brien. Seconded by Councilwoman Gray. For: All,Against: None. 7. Discussion/Action A. Proposed 30-year lease of 60' wide city property in the Industrial Park to Cingular Wireless for the erection of a cellular tower. City to receive$750 per month and-placement of city antennae. Chuck Balcar stated that the city has not received the contract for this project,pulled for approval,but gave the council information what Cingular is looking for. Negotiated a lease with Cingular for$750 a month for 30 years with a 15%increase every year. Councilwoman Gray asked about franchise fees, Chuck Balcar stated that he did not think the city could collect franchise fees on portable items. Council stated that they would like to see this happen. Tom Garcia gave the council a briefing of what Cingular was looking for. Stated that they wanted to put antenna up in the industrial park, about 125 to 150 feet. Stated that they could put a repeater on the antenna but would have to get it looked into. 1 i 1 1 Would also have to get everything checked out by FAA and Randolph. Councilman Campbell made the motion to approve the contract with Cingular pending the approval of the City Attorney. Seconded by Councilman Sutton. For: All,Against: None. B. Approval/Disapproval of nominating a member for the December 150'ballot for the Guadalupe Appraisal District Board of Directors,current term to expire on December 31,2003. Tex Farnsworth stated that he has been on the Appraisal District Board for the last four years. Would like council to appoint him as a nominee. Councilman Sutton would like to nominate Jeff Campbell. Councilman O'Brien nominated Tex Farnsworth, Sylvia Schlather and Malford Brehm. Councilman Sutton made the motion to nominate Jeff Campbell,Tex Farnsworth, Sylvia Schlather and Malford Brehm. Seconded by Councilman Williams. For: All,Against:None. C. Approval/Disapproval to request for proposal to construct sidewalk on Dietz Road from Eagle Valley Homes to Watts Elementary Councilman Sutton went over the details of getting a sidewalk constructed from Dietz Road from Eagle Valley Homes to Watts Elementary School. Has worked with Mark Marquez,City of Schertz, about getting their help with project. Councilman O'Brien stated that he is concerned about taking another road into the city,when after Borgfeld was taking in and it has not been kept up. Councilman Sutton stated that the city should have a moral obligation to build the sidewalk,to protect the children who walk to school. It would be an estimated cost of$50,000 to $80,000. Stated that Mark Marquez has to have a proposal before taking it to the City of Schertz Council. Councilwoman Gray asked about the plans for the current trees and the drainage. Councilman Sutton stated that there would be four trees that are located on city property would recommend taking down those trees to complete the project. Also stated that the sidewalks would have to bridge across the drainage ditch. Councilman Sutton called the question and made the motion to direct Rudy Klein office to construct a sidewalk plan and a proposal and to negotiate with City of Schertz, SCUISD and Guadalupe County for Project. After sidewalk plan is completed, it will go out for bid, and come back to council for final approval of awarding contract to a prospective bidder. Seconded by Councilman Campbell. For: Councilman Sutton and Campbell. Against: Councilwoman Gray and Councilman O'Brien. Abstain: Councilman Williams. "I did not get a chance to speak." Mayor Ruppert voted for this project. Motion was approved. D. Approval/Disapproval of annexation of Dietz Road into the City of Cibolo. Mayor Ruppert stated that the city can not build a sidewalk on Dietz Road without taking ownership first. Chuck Balcar stated that instead of taking ownership could get a interlocal agreement. Councilman Sutton stated that the county would not enter into a interlocal agreement with Dietz Road. Councilman O'Brien stated that if the city is to take in a road then it needs to be upgraded. The county has agreed to put curbing on the Schertz side of the road, signage for the school district,build the sidewalk from Eagle Valley homes to Borgfeld and to resurface Dietz Road. This is all verbal,may need to get in writing and could ask for further items. Councilman Sutton stated again that item 7C is contingent on approval of this annexation. Councilman Williams made comments concerning agreement with remarks made by Councilman O'Brien on Borgfeld road. Councilwoman Gray stated that maintenance agreement needs to be in place. Councilman Sutton made the motion to approve the annexation with the following conditions to include curbing on the Schertz side of the road, solar signage for the school district,build the sidewalk from the vicinity of Eagle Valley Homes to Borgfeld and to resurface Dietz Road,resurface road to the city standards. Seconded by councilman Williams. For: Councilman Sutton,Williams,and Campbell. Against; Councilman O'Brien and Councilwoman Gray. Councilwoman Gray stated that she was all for the sidewalk but did not like the fact that the discussion was off and the vote was taken before the details were all worked out. 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. Councilman Campbell asked why it was a ordinance and not part of the personnel policy. Councilman Williams stated that he would like to see it as a ordinance, since it is stronger than a policy. Councilman O'Brien stated his concern about some of the verbiage in the ordinance. Councilman Sutton made the motion to table till the next meeting. Seconded by Councilman Campbell. For:All, Against: None. 9. Discussion/Action(Builder/Development) A. Approval/Disapproval of Rezoning request by Ms. Wilma Honzell Rhew from R-1 and C1 to R-3 Zoningof 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. Planning and Zoning recommended approval,with comments. The comments will be discussed as they bring in the masterplan and plats. There was discussion concerning the zoning request. Councilman Sutton recommended approval of the rezoning request by Ms.Wilma Honzell Rhew from R-1 to R-3 and tabling the C1 till the October 28th meeting. Seconded by Councilman Campbell. For: Councilman Campbell,Williams,and Sutton. Councilwoman Gray. Against: None. Abstain: Councilman O'Brien. B. Approval/Disapproval of releasing bonds for Falcon Ridge Unit 1, and 3-5. Brian Cope stated that Rudy Klein normally sends a letter responding to this request. Councilman O'Brien made the motion to approve pending Rudy Klein's approval. Seconded by Councilman Campbell. For: All,Against: None. 10. Resolution A. Approval/Disapproval of resolution ratifying 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 and approving an amendment thereto;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. Chuck Balcar gave presentation on CRWA. Councilman Williams made the motion to approve the resolution. Seconded by Councilman Sutton. For: All,Against: None. B. Approval/Disapproval of a resolution by the City Council of the City of Cibolo,Texas authorizing and approving publication of notice of intention to issue Certificates of Obligation; complying with the requirements contained in securities and exchange commission rule_ 15c2-12; and providing and effective date. Mark MCliney stated that he put together a package of$1.2 million for Certificate of Obligation. On November 11th will receive bids and approve that night at council. Chuck Balcar went over the list to include utility repair,city hall,renovating old city hall,making park improvements and others. Also stated that some other bonds will be paid off by 2007.Councilman O'Brien made the motion to approve the resolution. Seconded by Councilman Williams. For:All,Against:None. C. Approval/Disapproval of a resolution designating the Herald as the official newspaper of record for the City of Cibolo. Councilman Campbell made the motion to approve the resolution designating the Herald as the official newspaper of record for the City of Cibolo. Seconded by Councilman O'Brien. For: All,Against: None. D. Approval/Disapproval of a resolution calling public hearing to hear a request by Centex Homes for a variance requests to reduce front building setbacks from 25' to 15' on some lots in Willowbridge Subdivision. There was discussion concerning why Centex wants this variance. Councilwoman Gray made the motion to approve the resolution calling public hearing to hear a request by Centex Homes for a variance requests to reduce front building setbacks from 25' to 15' on some lots in Willowbridge Subdivision. Seconded by Councilman Williams. For: Councilwoman Gray, Councilmen Campbell, O'Brien,and Williams.Against: Councilman Sutton. 11. Comments A. City Staff—Chuck Balcar stated that he had a meeting in Schertz concerning sewer projects. Talked to Medallion Homes about getting an acre of land for a Green Valley Water Tank. Did meet with Centex on the Variance request. B. City Council Councilwoman Gray asked about trailers in Cibolo Valley Ranch and Greenbrook. Also asked about the Landscape ordinance. Councilman Sutton stated that he was happy to see something happing on Dietz Road. Councilman O'Brien stated that he was concerned about taking outside issues into play when there is enough in the city to take care of. Also asked about reprogramming the traffic light on Dietz Road. Also stated that he does not appreciate hearing from citizens that the city is cutting funding when indeed it has been increase. C. Mayor-None 12. Adjournment Councilman O'Brien made the motion to adjourn at 9:52 P.M. Seconded by Councilman Sutton. For: All, Against: None: PASSED AND APPROVED THIS 28TH DAY OF OCTOBER 200,x. OA#/Vr Charles Ruppert Mayor ATTEST: �l Y nne riffm