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Min CC 01/11/2005 REGULAR CITY COUNCIL MEETING CIBOLO MUNICIPAL BUILDING 200 S.MAIN January 11,2005 7:00 P.M. MINUTES 1. Call to Order—Mayor Ruppert called the meeting to order at 7:07 P.M. 2. Roll Call—All members of council were present. 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) Mayor Ruppert gave an update on the water contamination situation. Terry Hines—Spoke concerning the drainage projects that are needed. Dr.Belinda Pustka—Spoke in support of the water line upgrade. David Meditz—Spoke in support of the drainage project near his property. 6. Presentation: A. Presentation to Robert Arenas for 10 years of service. B. Presentation to Jeanna Murphy for 5 years of service. Mayor Ruppert presented Robert Arenas a plaque for his 10 years of service. Jeanna Murphy was not able to attend due to illness. 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 Joint City Council and Planning and Zoning Public Hearing on December 14,2004 B. Approval of the Minutes of the City Council Meeting on December 14,2004. C. Approval of the Joint City Council,Parks and Planning&Zoning Workshop on January 4,2005. D. Approval of check registers for December 2004. E. Accept resignation of Laura Lara from the Planning and Zoning Commission. Councilman Sutton made the motion to approve the consent agenda items. Seconded by Councilman Troncoso. For:All,Against:None. 8.Executive Session: 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. Council went into executive session at 7:26 P.M. 9. Open Session Council reconvened at 8:20 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 25t`Judicial District Court of Guadalupe County,Texas. Councilman Sutton made the motion to approve the continuance the negotiations for the defense. Seconded by Councilwoman Hartman. For:All,Against: None. 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 was taken. 10. Discussion/Action(General) A. Approval/Disapproval of a appeal of November Utility Bill for Ms.Janie Salinas Councilman Campbell made the motion to table till the January 25,2005. Seconded by Councilwoman Hartman. For:All,Against:None. B. Approval/Disapproval of an appointment to the Planning and Zoning Commission to replace Laura Lara. Councilman Sutton made the motion to invite the candidates to the next council meeting to present their application to council. Seconded by Councilman Campbell. For:All,Against:None. C. Approval/Disapproval of a priority list for future drainage projects. Councilman Sutton abstained from discussion due to possible conflict of interest. Councilman Troncoso made the motion to direct staff to review the list with City Engineer and recommend what the cost will be and what impact fee funds can be used for the February 8,2005 Council meeting. Seconded by Councilman Campbell. For: All with exception of Councilman Sutton who abstained. D.Approval/Disapproval of direction from council on the involuntarily annexation of Stonebrook Subdivision: 1) Direct city staff to prepare a service plan. 2) Considering a resolution to set date and times for public hearings Councilman Troncoso made the motion to direct city staff to prepare the service plan and the resolution for the public hearings. Seconded by Councilwoman Gray. For:All,Against: None. E. Approval/Disapproval to direct staff to proceed with the bid process for the construction of a 16" diameter water main,to extend from the CRWA delivery point at FM1103 to the city's water plant located on Cibolo Valley Drive. Councilman Sutton made the motion to direct staff to proceed with the bid process. Seconded by Councilwoman Hartman. For:All,Against:None. F. Approval/Disapproval on direction from Council on the Town Creek Drainage Project. Councilman Sutton made the motion to build the channel to accommodate predevelopment drainage rates. Order the culverts as sized previously to accommodate post development rates and require the developer to build a retention pond. Direct staff to acquire whatever permanent&temporary easements as required. Seconded by Councilman Campbell. For:All,Against: None. 11. Resolutions A. Approval of a resolution amending the authorized representatives for Texpool. Councilman Campbell made the motion to approve the resolution amending the authorized representatives for Texpool. Seconded by Councilman Sutton. For:All,Against:None. B. Approval of a resolution imposing a Burn Ban in the incorporated City Limits of Cibolo. Councilman Troncoso made the motion to approve the Burn Ban in the incorporated City Limits of olo. Seconded by Councilwoman Gray. For:All,Against:None. 12. Ordinances Approval/Disapproval of a Ordinance for GASB 34,inventory of fixed assets over the amount of $10,000. Councilman Sutton made the motion to approve the Ordinance for GASB 34,inventory of fixed assets over the amount of$10,000. Seconded by Councilman Campbell. For:All,Against:None. 13. Comments A. City Staff Todd Parton briefed council on losing a building inspector to another city. B. Commissioners None C. City Council Councilman Sutton spoke about staying on the CRWA board of trustees. Councilman Troncoso asked about he early voting for the ESD and the ethics policy. Also asked for any update on HRM and their acquisition. Councilwoman Gray asked about the water pressure in Town Creek. D. Mayor—None. 14. Adjournment Councilman Campbell made the motion to adjourn at 10:18 P.M. Seconded by Councilwoman Hartman. For: All,Against:None. PASSED AND APPROVED THIS 25'DAY OF JANUARY. "hr Charles Ruppert Mayor ATTEST: oim ty Secretary