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Min CC 08/26/2003 REGULAR CITY COUNCIL MEETING CIBOLO MUNICIPAL BUILDING 109 S.MAIN August 26, 2003 7:00 P.M. MINTUES 1. Call to Order—Mayor Ruppert called the meeting to order at 7:04 P.M. 2. Roll Call—All council members 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) Ann Almond spoke concerning the Cibolo Fest Committee. Gave the council a�challenge against the Planning and Zoning and Parks Commission to get silent auctions item. Funds raised will be used towards the parks commission. Also brought up that the city used to have monies in the budget for Cibolo Fest, would like to get some funds back to help fund it. 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 12,2003 City Council Public Hearing Minutes. B.Approval of August 12,2003,2003 Regular City Council Minutes. C.Approval/Disapproval of a revised Performance Bond,in the amount of$36,595.00,for Cibolo Valley Ranch,Unit 1. Councilwoman Gray made the motion to approve the consent agenda items. Seconded by Councilman Williams. For: All,Against: None. 7. Discussion Onlv Public hearing to discuss the City of Cibolo FY2003-04 Annual Budget. Chuck Balcar went over the new budget for FY2003-04. They only problem is with the water budget,there will have to be a marginally water increase,and take a part of the reserve. The fund balance will be used for this next year for funding the new city facilities. Also went over the top priorities which included Borgfeld,new city facilities,new positions,new masterplan just to name a few. Budget will be adopted and tax rate set at the September 9, 2003 council meeting. 8. Executive Session A. Pursuant to Section 551.071 (1)(A)and(2)of the Texas Government Code, consultation with attorney,the Council will hold discussion regarding violations of City policy by Keith Gilbreath including violations of the City's harassment policy arising from harassment complaints by co- workers and citizens, insubordination,and conduct unbecoming a City employee and to discuss disciplinary actions including termination and the legal implications resulting from Mr. Gilbreath's threat of suit. B. Pursuant to Section 551.074 of the Texas Government Code, Personnel Matters,the Council will hold discussion regarding violations of City policy by Keith Gilbreath including violations of the City's harassment policy arising from harassment complaints by co-workers and citizens, insubordination,and conduct unbecoming a City employee and to discuss disciplinary actions including termination. C. Pursuant to Section551.071 (1)(A)and(2)of the Texas Government Code, consultation with attorney,the Council will hold discussion regarding possible compliance enforcement litigation against J.C.Provost; implications of this municipal convictions on July 24, 2003;and discussion regarding HUD Case No. 06-03-0208-8. Council went into executive session at 7:34 P.M. 9. Reconvene in Open Session Executive session completed at 11:57 P.M. Reconvened at 12:07 A.M. A. Discussion and possible action after consultation with attorney pursuant to Section 551.071 (1)(A)and(2) of the Texas Government Code regarding threat of suit by Keith Gilbreath. Councilman Campbell made the motion to table item till September 9, 2003. Seconded by Councilman Williams. For: All,Against: None. B. Discussion and possible action regarding violations of City policy by Keith Gilbreath including violations of the City's harassment policy arising from harassment complaints by co-workers and citizens,insubordination,and conduct unbecoming a City employee and to discuss disciplinary actions including termination. Councilman Campbell made the motion to table item till September 9, 2003. Seconded by Councilman Williams. For: All,Against: None. C. Discussion and possible action to provide Keith Gilbreath with the opportunity to provide any further information or comment on any disciplinary action,if any results,regarding the allegations of policy violations. Councilman Campbell made the motion to table item till September 9, 2003. Seconded by Councilwoman Gray. For: All,Against: None. D. Discussion and possible action regarding possible compliance enforcement litigation against J.C. Provost; implications of this municipal convictions on July 24, 2003;and discussion and possible action regarding HUD Case No. 06-03-0208-8 Councilwoman Gray made the motion to direct the attorney to send a letter giving Mr.Provost 10 days if he does not pull a building permit making the deck fit the ordinance by Friday. Seconded by Councilman Sutton. For: All,Against: None. 10. Ordinance An Ordinance modifying a interlocal agreement between Guadalupe County and the City of Cibolo concerning jurisdiction of platting authority for subdivisions in the extra territorial jurisdiction of Cibolo. Chuck Balcar stated that the county has still not adopted this ordinance,this will be the third time. The want to look at subdivisions that are connected to county maintained roads. Councilwoman Gray stated that she would like to see this agreement check out further. Chuck Balcar stated that what they added to the agreement will not have any impact on the city. Councilman Sutton made the motion to approve the ordinance. Seconded by Councilman Campbell. For: All Councilmen Campbell, Sutton,'O'Brien and Williams. Against: Councilwoman Gray. 11. Discussion/Action(General) A. Approval/Disapproval on nominations for appointment to the Metropolitan Planning Organization Northeast Citizens working group and the technical advisory group. Chuck Balcar stated that this would be for the technical advisor group. This could be a action item for now or could nominate someone else. Councilman Campbell made the motion to table item till the September 9t'meeting. Seconded by Councilman Sutton. For: All,Against:None. B. Approval/Disapproval on a appointment of an Alternate Municipal Court Judge. Chuck Balcar stated that the last Alternate Municipal Court Judge had to resign. This application was recommended by current Judge, Stella Kyle. Councilman Sutton made the motion to table till September 9h meeting. Seconded by Councilman Williams. For: Councilmen Williams and Williams. Against: Councilwoman Gray, Councilmen O'Brien and Sutton. There was discussion concerning Stella Kyle being a strong attorney could advise and it would be a good training experience. Councilman O'Brein made the motion to direct staff to setup an interview with the candidate. Seconded by Councilwoman Gray. For: All,Against:None. C. Approval/Disapproval of a proposal for a land swap for 5 acres of City of Cibolo property for approximately 5.4 acres of land adjacent to the city property along Green Valley Road. Chuck Balcar stated that this is actually 5 acres not 5.4 acres. Land is located by Cibolo Valley Drive. Developers will be making a park out of their 5 acres that they receive. The builder will only get credit for the park improvements not for the land. Councilman O'Brien made the motion to approve the land swap 5 acres of City of Cibolo property for approximately 5.4 acres of land adjacent to the city property along Green Valley Road. Seconded by Councilman Sutton. For: All, Against; None. 12. 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) The conditions was for 2 years and would have landscape plans approved. Councilwoman Gray asked about how long it would take to make the portable office presentable. Luther Reus stated that it would take about six months. Mayor Ruppert asked about water and sewer. Luther Reus stated that there is water at the back'of the property but would need to obtain sewer. Lee Perry stated that the nearest pipe would be near Tirnbertech. Gary Kelly stated that they did not discuss the sewer issue only the two years with the landscape. Luther Reus was asked about after the two years,he stated that a permanent fixture would be in place. Currently used as a used car sales trailer. Councilman Sutton stated that he did not believe that it should have to have sewer. Lee Perry asked if the council was going to make him tie into the sewer or could he get a septic system. Recommended getting city service or allow him to get a septic system. Luther Reus stated that he could have a portable potty in the next week, if it was required to connect to the sewer line it would take longer. Councilman O'Brien made the motion to table till the September 9,2003 meeting. Seconded Councilman Campbell. For:All,Against:None. B. Approval/Disapproval of Preliminary Plat for Willow Bridge Subdivision,Unit 6. (P&Z recommended Approval) v Paul Dehem stated that this is the last unit for this subdivision. Showed council an overview map of the entire areas. Councilman O'Brien made the motion to approve Preliminary Plat for Willow Bridge Subdivision, Unit 6. Seconded by Campbell. For: All,Against: None. C. Approval/Disapproval of Preliminary Plat for Lantana Subdivision,Unit 3. (P&Z recommended Approval) Paul Dehem stated that this is the last unit for this subdivision. Showed council an overview map of the entire areas. Councilman O'Brien made the motion to approve Preliminary Plat for Lantana Subdivison, Unit 3. Seconded by Councilwoman Gray. For: All,Against: None, D. 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. Chuck Balcar recommended tabling this item. Councilman O'Brien made the motion to table till the September 9,2003 meeting. Seconded by Councilman Campbell. For: All, Against: None. 13. Comments A. City Staff Chuck Balcar asked the council to look over item 12d and provide inputs. Also gave papers on CRWA,there will be a meeting in the morning. Meeting with someone who is purchasing the feed store and the type of business he's bringing in there. B. City Council Councilman O'Brien thanked all for the patience at the next two meetings. Councilman Sutton spoke concerning Deitz Road,has been talking to Commissioner Wolverton and the Mr. Fluker. Councilman Williams commented on employee situated that an example needs to be set. Also made comments of CRWA and their meeting on their budget. Councilwoman Gray asked about the park plans and the bid process. Rudy Klein stated that it will be going out to bid. C. Mayor stated that all council members have been giving a health care plan to look over. 14. Adjournment Councilman Campbell made the motion to adjourn at 114 A.M. Seconded by Councilman O'Brien. For: All,Against: None. PASSED AND APPROVE THIS 9m DAY OF SEPTEMBER,2003. Charles Ruppert Mayor ATTEST: donner�inity Secr This facility is wheelchair accessible and accessible parking space is available. Request for accommodation or interpretive services must be made 48 hours prior to the meeting. Please contact the City Secretary at (210) 658-9900 or FAX(210)658-1687.