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Min CC 05/10/2005 4 • • t REGULAR CITY COUNCIL MEETING CIBOLO MUNICIPAL BUILDING 200 S.MAIN May 10,2005 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 were present. Councilman Campbell Councilman Troncoso Councilman Farnsworth Councilman Liparato Councilwoman Hartman 3. Invocation—Councilman Campbell gave the invocation. 4. Pledge of Allegiance—Mayor Ruppert led the Pledge of Allegiance. 5. Executive Session: Pursuant to LGC Section 551.071, Consultation with Attorney and Pending and contemplated Litigation to discuss the following: Discussion on the City of Santa Clara incorporation of portions of the City of Cibolo ETJ without the approval of the City of Cibolo and litigation styled City of Santa Clara versus City of Cibolo, Cause No 04-1715-CV, in the 25th Judicial District Court of Guadalupe County,Texas. Council went into executive session at 7:04 P.M. 6. Open Session Discussion/Action on the City of Santa Clara incorporation of portions of the City of Cibolo ETJ without the approval of the City of Cibolo; and litigation styled City of Santa Clara versus City of Cibolo,Cause No 04- 1715-CV, in the 250'Judicial District Court of Guadalupe County,Texas. Council reconvened at 7:39 P.M. Councilman Campbell made the motion to accept the attorneys recommendation. Seconded by Councilman Farnsworth. For:All,Against:None. 7. Citizens to be Heard-This is the opportunity for visitors and guests to address the City Council on any issue. City Council may not discuss any non-agenda issue,nor may any action be taken on any non-agenda issue at this time. (Attorney General Opinion—JC-0169) (Limit of three minutes each) The following citizens asked council to uphold the disapproval of Planning and Zoning: Cindy Letbetter Harvey Hild Robert George Desiree Tovar Howard Motch Madeline Yorfmo Gladys Orellana Maria Galvez Marco Garcia Jeff Huhn Bonita Owens Jeri Marcum David Meditz Kellie McClain Sonjia Premdas Lyonel Daniels Johnny Sutton asked council to think about the process and possible start the procedure over. 8. Consent Aizenda-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 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 the Minutes of the City Council Public Hearing held on April 26,2005. B. Approval of the Minutes of the City Council Regular Meeting held on April 26,2005. C. Approval of the Check Register for May 2005. Councilman Farnsworth made the motion to approve the consent agenda items. Seconded by Councilwoman Hartman. For:All,Against: None. 9. Consent Agenda—Consent Items(BuildingItems) ems) A.Approval/Disapproval of a Final Plat for Every Day Christian Fellowship.(P&Z recommended approval) B. Approval/Disapproval of a Final Plat for Town Creek Village,Unit 1.(P&Z recommended approval) C. Approval/Disapproval of a Final Plat for the Dollar General. Councilwoman Hartman abstained from item 9. Councilman Troncoso pulled consent agenda item A. Councilman Troncoso made the motion to approve consent agenda items B and C. Seconded by Councilman Campbell. For:All with the exception of Councilwoman Hartman who abstained. There was discussion with Jimmy Powers concerning the current site of Every Day Christian Fellowship. Councilman Campbell made the motion to approve consent agenda A. Seconded by Councilman Troncoso. For:All with exception of Councilwoman Hartman who abstained. 10. Proclamation Proclamation proclaiming May 21,2005(Armed Forces Day)as Blue Star Salute Day Mayor Ruppert read the proclamation proclaiming May 21,2005 as Blue Star Salute Day. 11. Staff Update Staff update on the following: A.Borgfeld Road,(from Dobie Middle School to Main Street)and Main Street(from Borgfeld Road to FM 1103) B. 16"Main Feeder line(from FM 1103 to Water Tower) C.FM 78 Sanitary Sewer Forced 4"Main(from Niemietz Park to the FM 1103 lift station) D. Preliminary May 7,2005 Election Results Rudy Klein,City Engineer gave an update on all the above projects. Yvonne Griffm gave the preliminary election results. 12. Discussion/Action(Development Items) A. Approval/Disapproval of a Preliminary Plat for a 44.729 acre development,Flying J. (P&Z recommended disapproval) - Daniel Ortiz,attorney representing Flying J,gave the background on the Flying J and what they were asking for. Ryan Henery,City Attorney responded to Daniel Ortiz. Citizens to be heard spoke at this time,listed above. There was discussion with council. Councilman Liparato made the motion to disapprove the Preliminary Plat for the Flying J, based on the recommendation of Planning and Zoning. Seconded by Councilman Farnsworth. For:All,Against: None. B. Approval/Disapproval of a Preliminary Plat for Gatewood,Unit 2. (P&Z recommended approval) Councilman Troncoso made the motion to approve the Preliminary Plat for Gatewood,Unit 2. Seconded by Councilwoman Hartman.For:All,Against:None. C. Approval/Disapproval of preliminary acceptance of infrastructure improvement for Gatewood,Unit 1. Item pulled by staff. D. Approval/Disapproval of preliminary acceptance of infrastructure improvement for Town Creek Village,Unit Councilman Troncoso made the motion to approve the preliminary acceptance of the infrastructure improvements for Town Creek Village,Unit 1. Seconded by Councilman Campbell. For:All,Against:None. 13. Discussion/Action(General) A. Approval/Disapproval of the contract with Schertz Bank and Trust for the credit card service for the water department and the police department. Councihmembers Hartman and Liparato abstained. Councilman Farnsworth made the motion to approve the contract with Schertz Bank and Trust. Seconded by Councilman Campbell. For:All with exception of Councilwoman Hartman and Councilman Liparato who abstained. B. Approval/Disapproval of the contract with Buffalo Valley Youth Association(BVYA)for the use of the ball park at Niemietz Park. Councilman Troncoso made the motion to direct staff to work on a contract in comparison to Schertz. Seconded by Councilman Liparato. For:All,Against:None. C. Approval/Disapproval of the authorizing of the Mayor to enter into negotiation and sign the contract with the Texas Water Development Board for the Research and Planning Fund,Flood Protection Planning Grant. Councilman Liparato made the motion to approve the authorizing the mayor to enter into negotiation and sign the contract with the Texas Water Development Board for the Research and Planning Fund,Flood Protection Planning Grant. Seconded by Councilman Campbell. For:All,Against:None. D. Approval/Disapproval of update of the following regarding the 79th Regular Session of the Texas Legislature: (1). HB 3179—Telecommunications: this bill begins by making a finding that the city right-of-way fees and the tax treatment of competing voice and video services have developed in a patchwork manner that is to competitively-neutral among competing communications service providers. This bill would impose a 3.95 percent"intermodal communications assessment"on each sale of telecommunications services is Texas. (2). HB 2236—Development Fees: would provide that(a)a city fee for a residential development permit may not be used for a purpose other than to pay the costs of reviewing,processing,and issuing the permit;(b)a city shall adopt a budget for each permit fee that lists expenses for which the permit fee may be used and estimates the revenue that the city will collect from the permit fee;(c)a city shall conduct an audit that identifies a surplus or deficit in the budget for each permit fee;(d)a city may increase a permit fee only if it holds two public hearings on the matter at which interested parties have an opportunity to be heard;and(e)a city that proposes a fee increase must conduct an independent study that conclusively demonstrates that an increase is necessary to offset an increase to the reasonable cost incurred by the city. (3). SB 574 and 848—reducing the authority of cities relative to"vested rights"to a permit. (4). Other Bills Todd Parton,City Manager,briefed the background of each of these bills and how they could effect the city. No action was taken. E. Approval/Disapproval of an appointment to the Parks Commission for the vacant position,vacated by Fritz Norman. Councilman Troncoso made the motion to appoint Mr. Simpson to the Parks Commission. Seconded by Councilman Farnsworth. For:All,Against:None. 14. Ordinances Approval/Disapproval of an ordinance for the annexation of a request by Mr.Timothy D.Pruski,being a 37.8630 acres of land out of a 96.5785 acre tract,being out of an original 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 154 Page 528 of the official records of Guadalupe County,Texas. Councilman Liparato made the motion to approve the annexation ordinance. Seconded by Councilman Troncoso.For: All,Against:None. 15. Comments A. City Staff-None B. Commissioners-None C. City Council Councilman Liparato spoke about the sausage supper. The road condition of Cibolo Valley Drive and the safety on the church property. Councilman Farnsworth spoke about the railroad at Fm 78 and Fm 1103 becoming a problem. Stated that it has been a pleasure working with this council. Councilman Campbell asked about the franchise agreement with Time Warner and the Dietz Road. D. Mayor—None. 16. Adjournment Councilman Campbell made the motion to adjourn at 10:24 P.M. Seconded by Councilman Troncoso. For:All,Against: None. PASSED AND APPROVED THIS 24TH DAY OF MAY 2005. 4A*At_ Charles Ruppert Mayor ATTEST: Y ohne Griffin C y Clerk