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Min CC 01/25/2005 REGULAR CITY COUNCIL MEETING • CIBOLO MUNICIPAL BUILDING 200 S.MAIN January 25,2005 7:00 P.M. NIINUTES 1. Call to Order—Mayor Ruppert called the meeting to order at 7:08 P.M. 2. Roll Call—All members of council were present. 3. Invocation—Councilman Campbell gave the invocation. 4. Pledge of Alle ig gage—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) Maydean Tilton spoke about the annexation of Jake Wells property. 6. Presentation: Presentation to Jeanna Murphy for 5 years of service. Mayor Ruppert presented Jeanna Murphy with a plaque for five years of service. 7. 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 January 11,2005. B. Approval of the Minutes of the City Council Meeting on January 11,2005. C. Approval of the investment report for the 1St Qtr 2005. Councilman Campbell made the motion to approve the consent agenda items,seconded by Councilwoman Hartman. For:All,Against: None. 8. Consent Agenda—Consent Items(BuildingItems) ems) Discussion/Action on Recommendation of Approval of a replat for Lot 1,Block 1,Schneider Industrial Park into Lot 1R,Block 1,Schneider Industrial Park. (Planning and Zoning recommended approval) Councilman Campbell made the motion to approve the building consent agenda items,seconded by Councilman Sutton. For:All,Against: None. 9. Update on City Issues A. Update by City Engineer,Rudy Klein,on City of Cibolo's current and future projects,to include but not limited to drainage,HRM Consultants acquisition,streets and utilities. Rudy Klein briefed the council on all current and future projects. B. Update by City Manger,Todd Parton,on the TCEQ water results. Todd Parton and David Davenport,CRWA,briefed council on the current TCEQ water results and the status of the water. 10. Discussion/Action(Buildin It g_ems) A. Discussion/Action on Recommendation of Approval/Disapproval of Masterplan for Aqua Vista Subdivision. (Planning and Zoning recommended approval) Planning and Zoning recommended approval. Councilman Sutton made the motion to approve the Masterplan for Aqua Vista contingent upon the confirmation of R-1 size tracts in phase 6,parkland be revisited and accepted by the city as usable,confirm that there will be a buffer between the residential and commercial and the subdivision ordinance at the time of platting will be in effect,seconded by Councilman Campbell. For:All,Against: None. B. Approval/Disapproval on a proposed rezoning,from R-1 to C-1R,for a tract of land being 27.069 acres of land out of the Mathias Lindenburg Survey,Abstract No.215,Guadalupe County,Texas,and the Trinidad Garcia Survey No.94,Abstract No. 137,Guadalupe County,Texas,and being out of and a part of a 315 acre tract as conveyed by Deed from Hugo O.Borgfeld and Irma L.Borgfeld to grandson Lewis C.Borgfeld,executed on May 31, 1968,and recorded in Volume 409,Pages 436-438 of the Deed Records of Guadalupe County,Texas. (Mr.Lewis C.Borgfeld Property) Planning and Zoning recommended approval. Councilwoman Hartman made the motion to approve the rezoning,seconded by Councilwoman Gray. For:All,Against: None. C. Approval/Disapproval on a proposed rezoning,from R-1 to R-2B,for a tract of land being 160.730 acres of land out of the Mathias Lindenburg Survey,Abstract No.215,Guadalupe County,Texas,and the Trinidad Garcia Survey No.94,Abstract No. 137,Guadalupe County,Texas,and being out of and a part of a 315 acre tract as conveyed by Deed from Hugo O.Borgfeld and Irma L.Borgfeld to grandson Lewis C.Borgfeld,executed on May 31, 1968,and recorded in Volume 409,Pages 436-438 of the Deed Records of Guadalupe County,Texas. (Mr.Lewis C.Borgfeld Property) Planning and Zoning recommended approval. Councilwoman Hartman made the motion to approve the rezoning,seconded by Councilman Campbell. For:All,Against: None. D. Approval/Disapproval the Annexation for a tract of land being 17.875 acres of land out of the Trinidad Garcia Survey No. 94,Abstract No. 137,Guadalupe County,Texas,and being out of and a part of a 20.000 acre tract as conveyed by Warranty Deed from Shelby J.Harris,Trustee to Jake R. Wells,Jr. and wife Nancy C.Wells,and executed on June 15, 1976 and recorded in Volume 519, Pages 264-267 of the Deed Records of Guadalupe County,Texas. (Mr.Jake Wells Property) (Zoning to be addressed in February) Planning and Zoning recommended approval. Councilman Sutton made the motion to approve the annexation,seconded by Councilwoman Hartman. For:All,Against: None. 11. Discussion/Action(General) A. Approval/Disapproval of a appeal of November Utility Bill for Ms.Janie Salinas Councilman Sutton made the motion to disapprove the appeal and direct the City Manager to make a payment arrangement with Mr. &Mrs. Salinas. Motion seconded by Councilman Troncoso. For:All, Against: None. B. Approval/Disapproval of an appointment to the Planning and Zoning Commission to replace Laura Lara. After discussion council decided to appoint Ms.Lynn Bullock. C. Approval/Disapproval of awarding a contract for a cleaning service. Councilwoman Gray made the motion to award the contract to Roy's Cleaning contingent on a background and reference check and they are willing to work during the day,seconded by Councilman Troncoso. For:All,Against: None. D. Approval/Disapproval of the contract for the May Election. Councilwoman Hartman made the motion to approve the contract for the May Election,seconded by Councilman Campbell.For:All,Against:None. E. Approval/Disapproval of the City's Masterplan. (Planning and Zoning recommended approval) Councilman Campbell made the motion to approve the City's Masterplan with corrections as discussed,seconded by Councilwoman Hartman. For:All,Against: None. F. Approval/Disapproval of considering a member from the ETJ to be on the Capital Improvements Committee. Councilman Campbell made the motion to direct staff to contact names given by council to solicit their interest in helping with the Capital Improvement Plan,seconded by Councilwoman Hartman. For:All,Against: None. G. Approval/Disapproval of the budget report for 1 sc Qtr 2005. Councilman Campbell made the motion to table the budget report due,to problems with Incode, seconded by Councilman Sutton.For:All,Against: None. H. Approval/Disapproval on the consideration of a workshop to discuss a development concept for the downtown area. Councilman Campbell called for a Workshop on 1 Feb 05 with Planning&Zoning and Council to hear presentation from potential developers. Seconded by Councilwomen Gray. For: All,Against: None. 12. Resolutions A. Approval of a resolution calling the public hearing for the involuntary annexation of Stonebrook Subdivision. Councilwomen Hartman made the motion to approve the resolution calling for a public hearing, seconded by Councilwomen Gray. For: All,Against: None. B. Approval/Disapproval of a resolution relating,to establishing the city's intention to reimburse itself for the prior lawful expenditures of funds from the proceeds of tax-exempt obligations to be issued by the city for authorized purposes;authorizing other matters incident and related thereto;and providing an effective date. Councilman Sutton made the motion to approve resolution,seconded by Councilman Troncoso. For: All,Against: None. 13. Ordinances A. Approval/Disapproval of an ordinance to amend the Subdivision Ordinance#590 by adding drainage requirements. Councilwomen Gray made motion to approve the ordinance, seconded by Councilwomen Hartman. For: All,Against: None. B. Approval/Disapproval of the Zoning Definition of Lot Coverage. (Planning and Zoning tabled item till March 2005) Councilman Campbell made the motion to table until after the-P&Z brought the item back to the council,seconded by Councilwomen Hartman. For: All,Against: None. C. Discussion/Action on an Ordinance adopting the Masterplan. Councilman Campbell made the motion to approve the ordinance,seconded by Councilwomen Hartman. For: All,Against: None. 14. Discussion Only Discussion to initiate the annexation of the FM 1103 corridor and Dietz Road. Todd Parton,City Manager,spoke to council on the annexation of FM1103 15. Executive Session: Council went into executive session at 11:25 p.m. Pursuant to LGC Section 551.071,Consultation with Attorney and Pending and contemplated Litigation to discuss the following: A. 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 25th Judicial District Court of Guadalupe County,Texas. B. Discussion regarding claims for retainage by Ella S.A.Contracting L.P.and City requests for completion of the clean up on the water Main&sanitary Sewer Main Extensions Contract;disputed claims regarding retainage and update on negotiations. 16. Open Session Council reconvened at 11:38 p.m. A. 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 25th Judicial District Court of Guadalupe County,Texas. No action taken. B. Discussion/Action regarding claims for retainage by Ella S.A.Contracting L.P.and City requests for completion of the clean up on the water Main&sanitary Sewer Main Extensions Contract; disputed claims regarding retainage and update on negotiations. No action taken. 17. Comments A. City Staff Todd informed council that Noise and Purchasing Ordinances will be forthcoming. Steve Liparado—Spoke about the ESD election. B. Commissioners—None C. City Council Councilman Troncoso asked about the possibility of notifying new customers about sprinkler systems and water usage. Councilman Sutton spoke about the water bill situation. D. Mayor -None 18. Adjournment Councilman Campbell made the motion to adjourn the meeting at 11:47 p.m.,seconded by Councilman Sutton. For: All,Against: None. PASSED AND APPROVED THIS 8TH DAY OF FEBRUARY. & 4r Charles Ruppert Mayor ATTEST: nne 1 ity Secretary