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Min CC 03/08/2005 REGULAR CITY COUNCIL MEETING �J CIBOLO MUNICIPAL BUILDING 200 S.MAIN March 8,2005 7:00 P.M. MINUTES 1. Call to Order—Mayor Ruppert called the meeting to order at 7:03 P.M. 2. Roll Call—All members of council were present with place two being vacant. 3. Invocation—Councilman Campbell gave the invocation. 4. Pledge of Allegiance—Mayor Ruppert led the Pledge of Allegiance. 5. 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) Johnny Sutton—Spoke about agenda items I OA, 13 and 12A. ON 1 OA spoke about his support for BVYA. On 13 reminded council about their agreement with the county about Dietz Road. On 12A started that he would like to nominated himself for place two on the council,which the city charter allows him to do. Mike Pearson—Spoke about the problems with Summit View and Deer Creek Blvd. Stated that the between the drainage and the construction trucks it is causing street problems. Guy Barrows—Also spoke about the problems with Summit View and Deer Creek Blvd. Vicky Woodworth—Also spoke about the problems with Summit View and Deer Creek Blvd. Stated that this is also causing a safety issue. Candiance Woodward—Also spoke about Summit View and Deer Creek Blvd. Mike Byrnes—Home Builder for Ryland Homes. Would like to get and place signs on summit view that say no construction traffic. Came to meeting to speak about the building department and the difficulty of getting inspections completed. Stated that he understood due to the large turnover,but this is starting to cost Ryland money. Would like to see council give help to the department to get the resources they need. Todd Parton stated that a letter was delivered by James and Valerie Walker concerning the issue of getting a ordinance on skateboards in the city. 6. 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 Public Hearing on February 22,2005. B. Approval of the Minutes of the City Council Meeting on February 22,2005. C. Approval of'the Minutes of the City Council Public Hearing on March 1,2005. D. Approval of the check registers for February 2005. Councilman Campbell made the motion to approve the consent agenda items. Seconded by Councilwoman Hartman. For:All,Against:None. 7. 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;update on litigation styled City of Santa Clara versus City of Cibolo,Cause No 04-1715- CV,in the 25t`Judicial District Court of Guadalupe County,Texas. Council went into executive at 7:28 P.M. 8. 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;update on litigation styled City of Santa Clara versus City of Cibolo,Cause No 04-1715-CV, in the 25t`Judicial District Court of Guadalupe County,Texas. Council reconvened at 7:54 P.M. Councilman Campbell made the motion for council to continue direction and to seek declaration of all parties rights. Seconded by Councilman Troncoso. For:All,Against:None. 9. Discussion/Action(Special) Approval/Disapproval on the appeal of Kevin and Tivika Phillips water bill. Councilwoman Gray made the motion to approve the staff recommendation and the property owners be allowed to make payment between 4 and 6 months. Seconded by Councilwoman Hartman. For:All,Against:None. 10. Discussion/Action(General) A.Approval/Disapproval of BVYA using the ball fields Johnie McDow spoke about what BVYA would like to do with the city for the use of Niemetz Parks. Councilman Campbell made the motion to direct staff to draft a agreement of a service in kind agreement for the use of Niemetz Park softball field and future football field and to get the parks commission involved. Seconded by Councilwoman Hartman. For:All,Against:None. B. Approval/Disapproval of a reimbursement agreement for a regional water line construction project by the participation in the Regional Water Line Construction. Item l OB was pulled from the agenda. C.Approval/Disapproval of the ethics policy. Councilman Troncoso made the motion to approve the ethics policy as written. Seconded by Councilman Campbell. For: All,Against:None. D.Approval/Disapproval of the drainage priority project list. City Engineer,Rudy Klein,provided council with a list of drainage projects and went over list. Councilman Troncoso made them motion to approve the drainage priority list. Seconded by Councilwoman Hartman. For: All,Against:None. E.Approval/Disapproval to direct the Parks Commission to review suggestions and recommend a name for the 24-acre park along Dietz Creek and for city council to conduct a public haring on April 12,2005 at 6:45 P.M. Councilman Campbell made the motion to approve directing the parks commission on the naming of Dietz Creek Park and the schedule of the public hearing. Seconded by Councilman Troncoso. For:All,Against:None. 11. Ordinances Approval/Disapproval of an ordinance amending the Land Subdivision Ordinance Appendix A,Design Standards and Appendix B,Construction Standards. Todd Parton stated that the ordinance is not complete, so this is for discussion only. Rudy Klein went over the different concepts with council. Councilwoman Gray made the motion to direct staff to continue working on the ordinance. Seconded by Councilwoman Hartman. For:All,Against: None. 12. Discussion Only A. Discussion on city council vacancy and City Charter requirement. Mayor Ruppert went over the section in the city charter. Council discussed the vacancy. B. Discussion on different section of the City Charter. Item 12B was pulled from the agenda. C. Discussion on Health inspection requirements by the City. Todd Parton went over the Health inspections and a proposed contract on service from Texas Department of State Health Services(TDSHS). Gary Davis spoke with council about the food handling program and the health inspections. D. Discussion on the needs of the building inspection department. Todd Parton went over different needs that are needed by the building inspection department. E.Discussion on school crossing guards. Council discussed the different alternatives and the needs for crossing guards. Todd Parton stated that the schools district main focus/concern is Watt's Elementary. 13. Resolution Approval/Disapproval of a resolution on the commitment to annex the Dietz Road Right of Way upon the County's completion of improvements. Councilman Campbell made the motion to table until the inter local agreement can be researched. Seconded by Councilwoman Gray. For:All,Against:None. 14. Comments A. City Staff— Todd Parton stated that the parks commission is working on a Parks Masterplan. Have spoke with Espey consultants about the final Masterplan copies for distribution. Spoke about the grant that has been nearly funded. Mark Riffe spoke with council about the health license program. Also provided council with a copy of the annual racial profiling report and went over it with them. B. Commissioners-None C. City Council— Councilwoman Hartman spoke about the parking along Borgfeld road. Also comment about the crossing guard program. Councilwoman Gray brought items that are outstanding,the noise ordinance,variances from Centex,minutes from P&Z and Parks Minutes,the lot coverage ordinance. Also spoke about the different copies of the zoning ordinances. Councilman Troncoso asked about the acceptance of streets and the standards. Also spoke about the drainage and the velocity of water that is passing through them. D. Mayor-None 15. Adjournment Councilman Campbell made the motion to adjourn at11:16 P.M. Seconded by Councilman Troncoso. For: All,Against: None. PASSED AND APPROVED THIS 22m DAY OF MARCH 2005. "Vr Charles Ruppert Mayor ATTEST: onne ri m C�J4 i y Secretary