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Min CC 09/09/2003 ' REGULAR CITY COUNCIL MEETING CIBOLO MUNICIPAL BUILDING 109 S.-MAIN September 9, 2003 7:00 P.M. MINUTES 1. Call to Order—Mayor Ruppert called the meeting to order at 7:01 P.M. 2. Roll Call -All members of council were present. 3. Invocation—Councilman O'Brien gave,the invocation. 4. Pledge of Alle ig'ance -Mayor Ruppert led the Pledge of Allegiance. 5. Citizens to be Heard(limit of three minutes each) Keith Gilbreath_Item 8.—decided not to speak. Ann Almond—Spoke on Item I OF. Luther Reus—Spoke on Item 9A. 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 August 26,2003 City Council Special Meeting Minutes. B.Approval of August 26,2003,Regular City Council Minutes. C. Approval of Check Register for August 2003. D. Approval of resignation from Amy Madison from Planning and Zoning. Councilman Campbell made the motion to approve the consent agenda items. Seconded by Councilman O'Brien. For: All,Against: None. 7 Executive Session The City Council for the City of Cibolo will meet in executive session under Texas Government Code Section 551.071, Consultation with Attorney and Section 551.074 Personnel matters to discuss the following: Discussion regarding proposed settlement agreement and the resignation of Keith Gilbreath. Council went-into executive session at 7:07 P.M. 8. Reconvene in Open Session Discussion/Action regarding approval of settlement agreement and acceptance of resignation of Keith Gilbreath; and motion to rescind termination vote of August 12,2003. Council reconvened at 7:28 P.M. Councilman O'Brien made the motion to rescind termination vote of Council on August 12,2003, and to accept settlement agreement with Keith Gilbreath resigning. Seconded by Councilman Williams. For: All,Against: None. 9. Discussion/Action(Builder/Development) A. Approval/Disapproval of a variance request from Luther Reus to move a manufactured home to FM78 East and convert it to a portable office. (P&Z recommended Approval with conditions, Tabled from August 12, 2003 meeting) Luther Reus stated what his needs for this are. Council requested that the landscaping be completed before the winter months. Councilman Sutton made the motion to approve the variance request by Luther Reus to move a manufactured home to FM78 East and convert it to a portable office to include a holding tank with the recommendations by Planning and Zoning. Seconded by Councilman Campbell. For: All,Against: None. B. Approval/Disapproval of a development agreement between the City of Cibolo,Lewis Borgfeld, The Blanton Family Limited Partnership and NOPOTO,LTD concerning the Lewis Borgfeld property and the two acres owned by the City of Cibolo adjacent to the property and the amending of a deed restriction prohibiting the construction of an elevated water tank. (Tabled from August 12, 2003 meeting) Perry Blanton went over the agreement with council. Council asked Rudy Klein about an estimate for the spur off of Bentwood Ranch, Cibolo Valley Drive. Councilman O'Brien asked Rudy Klein if the agreement is comparable to the other agreements with the other developers.He stated yes. Councilman O'Brien made the motion to approve the agreement with section 5,Bentwood Ranch, being removed and presented at a later date. Seconded by Councilman Campbell. For: All, Against:None. 10. Discussion/Action(General) A. Approval/Disapproval of legal options in response to the decision of CRWA Board of Trustees in regards to construction of a dedicated line to the city's water tank. Mayor Ruppert stated that last night was the CRWA meeting. Councilman Sutton stated that they brought to the table the water line,Rudy Klein gave an in-detail representation. Stated that they say supply is internal control problem not a contract problem. Believe that they have an ethical obligation to take care of this. Need to separate the water supply contract with the pipeline contract. Councilman O'Brien stated that he would like to see a group of Councilmembers and Rudy Klein to look into other sources of water. Mayor Ruppert suggested that the city attorney look into the contract and see what the city is obligated to. Councilman Sutton stated that all options should be reviewed regardless of what water source we go with,keeping in mind that the city is obligated to the 250 acres. Also stated that even if the city does go with a alternate source of water in the future, it may be worth the extra cost.We need to decided if the cost of dealing with CRWA is worth it. Councilman Sutton made the motion to turn all documents over to the city attorney to review all water contracts and possible legal action concerning the dedicated water line. Amended motion: To also have an ad-hoc committee to research additional water sources. Seconded by Councilman Williams. For: All,Against:None. B. Approval/Disapproval on nominations for appointment to the Metropolitan Planning Organization Northeast Citizens working group and the technical advisory group. (Tabled from August 12,2003 meeting) Amy Madison is heading up this committee;this can be a council member or citizens. Mayor Ruppert read the letter asking for the volunteers. Councilman Campbell made the motion to appoint Terry Van Syoc as the primary and.Councilwoman Gray as the alternate to this committee. Seconded by Councilman Williams. For: All,Against: None. C. Approval/Disapproval on an appointment of an Alternate Municipal Court Judge. Councilman Campbell made the motion to table to the next agenda. Seconded by Councilman Sutton. For: All,Against:None. D. Approval/Disapproval of agreement between the City of Cibolo and the Cibolo Volunteer Fire Department. Mayor.Ruppert stated the agreement is basically the same with the exception of the funds and hours they work,which now would exclude Sunday. Councilman Sutton made the motionto approve the agreement. Seconded by Councilman O'Brien. For: all,Against: None. E. Approval/Disapproval of appointing a member to the Planning and Zoning Committee. (Alternates are Tony Krasnai and David Kinnon) Councilman O'Brien made the motion to appoint Tony Krasnai to fill the vacancy on Planning and Zoning. Seconded by Councilman Campbell. For: All,Against:None. F. Approval/Disapproval of funding for CiboloFest 2003 in the amount of$1500. Ann Almond briefed the council on the monies she has had donated,and the status of vendors,band and other information. Also stated that Mr.Rues may donate one of his used cars. Councilman Sutton made the motion to approve the$1500 donation toward CiboloFest 2003. Seconded by Councilman O'Brien. For: All,Against: None. 11. Resolution A. Approval/Disapproval of a resolution to set date,time and place for a City Council Hearing and a Joint City Council and Planning and Zoning Hearing on the proposed rezoning from R-1 and C 1 to R-2 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. (Public Hearing, Council, September 23,2003 at 6:45 P.M.,Joint Public Hearing, October 14,2003,6:30 P.M.) Councilman Sutton made the motion to approve the resolution as written;this would be for a R-3 Zoning. Seconded by Councilman Campbell. For: All,Against:None. B.Approval/Disapproval of a resolution of the City of Cibolo in support of Health Management Associates proposal for purchase of Guadalupe Valley Hospital. Mayor Ruppert stated that he handed out a packet at the last meeting. Councilman Williams stated that it sounded like a good plan,but would like to insure that they would take care of the indigent. Councilwoman Gray stated that she would not support this plan. Mayor Ruppert stated that this would bring back the veterans program which the county did away with. Councilman Sutton made the motion to approve the Resolution. Seconded by Councilman Williams. For: Councilmen O'Brien, Campbell, Sutton and Williams. Against: Councilwoman Gray. 12. Comments A. City Staff Mark Riffe gave update of the warrant program. Rudy Klein stated that the concrete work has been completed on the tower project. The steelwork will be completed in about three months. Paint charts have been forwarded. Street Project Phase I is completed and Phase R is being worked. Drainage work is still awaiting cost estimate. The restroom project has gone out to bid. The City hall project is nearly complete for design should be complete by the next council meeting. Yvonne Griffin stated that the costs for Incode came in at $69,000 with annual fee of$7,875. The ad for Chief Building Inspection has been completed and we are receiving applications already. Gave heads up concerning Kardy's Annexation. B. City Council Councilwoman Gray asked about the sidewalks on Cibolo Valley Drive. Rudy Klein stated that this is part of the project and would be completed by the impact fees. Councilman Sutton gave an update of the side walk on Dietz Road. Have had several discussions with School District, City of Schertz, and County Commissioner. Councilman O'Brien reminded everyone to go out and vote. C. Mayor—None. 13. Adjournment Councilman Campbell made the motion to adjourn at P.M. Seconded by Councilman O'Brien. For: All,Against: None. PASSED AND APPROVED THIS 9m DAY OF SEPTEMBER 2003. WV&1y4r Charles Ruppert Mayor ATTEST: V� vonne Griffin ity Secretary