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Min CC 04/12/2005 i ' REGULAR CITY COUNCIL MEETING CIBOLO MUNICIPAL BUILDING 200 S.MAIN April 12,2005 7:00 P.M. MINUTES 1. Call to Order—Mayor Ruppert called the meeting to order at 7:01 P.M. 2. Roll Call— Mayor Ruppert Councilman Campbell Councilman Troncoso Councilman Liparoto Councilwoman Hartman Place 3-Vacant 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 7:05 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 25g`Judicial District Court of Guadalupe County,Texas. Council reconvened at 7:28 P.M. Councilman Campbell made the motion to have the attorneys to continue the defense for the case. Seconded by Councilman Hartman. 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 were a list of citizens who spoke against the Flying J. Mark Overton Gladys Orellana Tracey Cain George Ricks Bob Dean Deonza Sligh Kyle Dudley John Merkel Joseph Combs Lori Henze Howard Mutch AJ Goldman Rosanne Fischer Roger Johnson Paul Nygard Don Van Slyke Susan Schaezler Tanya Pence Neva Chambers Joyce Aralya Jose Moralez Bob Moffit Jose Navedo John Chiramote Ken Ratcliff Adam Losey Kim Westbrook Linda Dodds Richard Compton Bruce Leno Louis Chatman Keith Robinson Rey Alvarado Mario Garcia Jason Harman Tim Lenley Jospeh Mendez Patsy Mendez Bonita Ownes Chad Stranhn Jeff Huhn Ed Benitez Madison Harper Rhonda Mata James Bibley John Fischer Johnny Sutton—Stated that he would like to remain on the CRWA Board of Trustees,also spoke about the Flying J. Vic Arnold(Flying J)stated that he respects the citizens concerns,but challenges the council/citizens to address these concerns. 8. Consent Agenda-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 Meeting of March 22,2005. B. Approval of the check registers for March 2005. Councilman Troncoso made the motion to approve the consent agenda. Seconded by Councilman Campbell. For:All, Against:None. 9. Discussion 0&(Development Items) Discussion regarding amendments to the City of Cibolo Future Land Use Plan. Todd Parton went over the masterplan with council. Will be taking to Planning and Zoning to get additional commenting if necessary. P&Z comments will be brought to council for approval. Spoke about Gateway to Cibolo. Buffers,green belt,town center,blending of areas and others were discussed among council members. Concept and vision for IH 10 needs to be address. 10. Ordinances A. Approval/Disapproval of an ordinance amending Ordinance#609 to add the definition of Lot Coverage. Councilwoman Hartman made the motion to approve the ordinance. Seconded by Councilwoman Troncoso. For: All, Against: None. B. Approval/Disapproval of an ordinance providing for the regulation of unlawful intensified or amplified noises. One more change needs to be made. Councilman Campbell made the motion to table item. Seconded by Councilman Liparoto. For:All,Against: None. 11. Discussion/Action(Development Items) Preliminary Acceptance of Subdivision Infrastructure for Bentwood Subdivision,Unit 3. Rudy Klein provided a letter to council and recommended preliminary acceptance. Councilman Troncoso made the motion to approve the preliminary acceptance. Seconded by Councilwoman Hartman. For:All,Against: None. 12. Discussion/Action(General) A. Approval/Disapproval on the awarding of a contract for City of Cibolo Bank Depository. Councilman Liparoto and Councilwoman Hartman abstained from discussion. Charter does allow council to vote with the other members. Individual from both banks spoke to council. Councilman Troncoso made the motion to approve Schertz Bank and Trust for the City of Cibolo Bank Depository. Seconded by Councilman Campbell. For:All with the exception of Councilwoman Hartman and Councilman Liparoto due to abstaining. Against: None. B. Approval/Disapproval on the awarding of a contract for cleaning services. Councilman Campbell made the motion to approve the awarding of the cleaning contract to E.L Cleaning Service. Seconded by Councilman Troncoso.For:All,Against:None. C. Approval/Disapproval on the appointment to Place 3 on the City Council. Councilman Troncoso recommended Tex Farnsworth,Mr.Lambart turned in an application to be on city council,to try and get involved with government. Tex Farnsforth stated that he has 8 years of experience and has lived within in the city for 21 years. Councilman Troncoso nominated Tex Farnsworth and Councilman Liparoto nominated Mr.Lambart. The vote was 3 to 1 for Tex Farnsworth. D. Approval/Disapproval on the appointment to the CRWA Board of Trustees. (Currently held by Johnny Sutton) Councilman Campbell made the motion to appoint Johnny Sutton to the CRWA Board of Trustees. Seconded by Councilwoman Hartman. For:All,Against:None. E. Approval/Disapproval on the appointment to the CRWA Board of Managers.(Currently held by Todd Parton) Councilman Campbell made the motion to appoint Todd Parton to the CRWA Board of Mangers. Seconded by Councilman Troncoso. For:All,Against:None. 13. Discussion Only A. Discussion on establishing a smoking ordinance in food establishments Councilman Troncoso pulled item from the agenda till the April 26,2005 meeting. B. Discussion on amending the Subdivision Ordinance to increase the maintenance bond requirements from one to two years. Council talked with staff about increasing the bond requirements. Streets are one of the main problems. Councilwoman Hartman brought up some information she has research on street standards. Discussion about the design standards of the streets. Good city to follow/format would be San Marcos. C. Discussion on the franchise agreement for cable television services in the City of Cibolo. Councilman Campbell stated that there are currently three franchise agreements within in the city. These being Western,Grande,and Time Warner. Time Warner is looking to renew their agreement. Councilman Troncoso brought up comparing what the other cities are doing. 14. Executive Session A. Pursuant to LGC Section 551.074,Personnel Matter,to discuss the following: Six month evaluation of City Manager,Todd Parton and review of his Contract. B. Pursuant to LGC Section 551.072,Deliberation Regarding Real Property,to discussion the following: Discussion on the purchase of R.O.W from Mr.Gary Woods to construct a roadway to connect FM 1103 and Borgfeld Road. Said R.O.W being generally located at approximately 2000 feet West of Main Street. Council went into executive session at 10:47 P.M. 15. Open Session Council reconvened at 11:50 P.M. A. Discussion/Action of regarding the six month evaluation of City Manager,Todd Parton and review of his Contract. Councilwoman Hartman made the motion to approve the continuation of contract. Seconded by Councilman Campbell. For:All,Against: None. B. Discussion/Action on the purchase of R.O.W from Mr.Gary Woods to construct a roadway to connect FM 1103 and Borgfeld Road. Said.R.O.W.being generally located at approximately 2000 feet West of Main Street. Councilwoman Hartman did abstain,and did not take part in the executive session. Councilman Troncoso made the motion to sees negotiation with Mr.Gary Woods for the purchase of ROW. Seconded by Councilman Campbell. For: All with exception of Councilwoman Hartman. Against: None. 16. Comments A. City Staff— Todd Parton stated that job ads are out for the City Planner and Inspectors. Yvonne Griffin spoke about the YMCA. B. Commissioners—Tony Krasni—Thanked Steve Liparoto for bringing up Town Creek Area. C. City Council Councilman Troncoso asks about the culvert project on Town Creek,Dietz Sidewalk and Borgfeld Road. Councilman Liparoto-None Councilwoman Hartman—Spoke about the street/road issue. Councilman Campbell-None D. Mayor-None 17. Adjournment Councilman Campbell made the motion to adjourn at 12:05 A.M. Seconded by Councilwoman Hartman. For:All,Against: None. PASSED AND APPROVED THIS 26'DAY OF APRIL,2005. Charles Ruppert Mayor ATTEST: Tiffin Ci Secretary CITE' OF CIB®L® CONFLICT OF INTEREST AFFIDAVIT THE STATE OF TEXAS COUNTY OF GUADALUPE I, 5��✓ L,/ G-rV as amember ofthe C- 1 010 c1 C.4 h(,; make this affidavit and hereby under oath state the following: I have a substantial interest in a business entity or real property that may receive a special economic effect by a vote or decision of the,-6- u(,, and the economic effect on my business entity or real property is distinguishable from its effect on the general public. What constitutes a "substantial interest," "business entity," "real property," and a"special economic effect" are terms defined in Chapter 171 of the Texas Local Government Code. I affirm that the business entity or real property referred to above is: The nature of my substantial interest in this business entity or real property is: ❑ an ownership interest of 10% or more of the voting stock or shares of the business entity; ❑ an ownership interest of 10% or$15,000. or more of the fair market value of the business entity; ❑ funds received from the business entity exceed 10% of gross income for the previous year; ❑ real property is involved and have/had an equitable or legal ownership with a fair market value of at least$2,500; ❑ a person who is related to me within the first degree of consanguinity (blood) or affinity (marriage)has a substantial interest in the involved real property or business entity. I have also checked which of the above types of interests my relative has in the item. Upon the filing of this affidavit with the official record keeper for the City, I affirm that I shall abstain from any discussion, vote, or decision involving this business entity or real property and from any further participation in this matter whatsoever. SIGNET)this day of 201-5--- Signature of public official Title BEFORE ME, the undersigned authority, on this day personally appeared Tc Ne 4PO4,g7y and by oath swore that the facts herein above stated are true and correct to the best of his/her knowledge or belief. 40 SWORN TO and SUBSCRIEBED BEFORE ME on this day of 200 ,5 NotaVublic in anor the Pte of Texas My commission expires 0� 5 1 CITY OF CIBOLO CONFLICT OF INTEREST AFFIDAVIT THE STAVE OF TEXAS COUNTY OF GUADALUPE I, :Jj N 1 ptgRg_-rrn r as a member of the u� i kol o uw r-�CIA make this affidavit and hereby under oath state the following: I have a substantial interest in a business entity or real property that may receive a special economic effect by a vote or decision of the '1IL and the economic effect on my business entity or real property is distinguishable from its effect on the general public. What constitutes a "substantial interest," "business entity," "real property," and a "special economic effect" are terms defined in Chapter 171 of the Texas Local Government Code. I affirm that the business entity or real property referred to above is: The nature of my substantial interest in this business entity or real property is: ❑ an ownership interest of 10% or more of the voting stock or shares of the business entity; ❑ an ownership interest of 10% or$15,000. or more of the fair market value of the business entity; ❑ funds received from the business entity exceed 10% of gross income for the previous year; ❑ real property is involved and have/had an equitable or legal ownership with a fair market value of at least$2,500; ❑ a person who is related to me within the first degree of consanguinity (blood) or affinity (marriage)has a substantial interest-in the involved real property or business entity. I have also checked which of the above types of interests my relative has in the item. Upon the filing of this affidavit with the official record keeper for the City, I affirm that I shall abstain from any discussion, vote, or decision involving this business entity or real property and from any further participation in this matter whatsoever. SIGNED this 4 ih day of ,200, atur of public official (90M,17 Title BEFORE ME, the undersigned authority, on this day personally appeared 3-0—r\ ( g� AAKAand by oath swore that the facts herein above stated are r true and correct to the best of his/her knowledge or belief. SWORN TO and SUBSCRIBED BEFORE ME on this day of 120(L5. No YPublic in and for thd S` to of Texas My commission expires _1U L o 5