Min CC 11/23/2004 ' REGULAR CITY COUNCIL MEETING
i CIBOLO MUNICIPAL BUILDING
200 S.MAIN -
November 23,2004
7:00 P.M.
MINUTES
1. Call to Order—Mayor Ruppert called the meeting to order at 7:19 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)
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 Meeting on November 9,2004.
B. Approval of the Minutes of the Special City Council Meeting on November 17,2004.
C. Acceptance of resignation of Damian Armijo from the Planning and Zoning Commission.
Staff pulled agenda items A and B due to council just wanting motions only on the,minutes. Councilman
Sutton made the motion to approve consent agenda item C. Seconded by Councilwoman Gray. For:All,
Against: None.
7. Presentation
Presentation to Deborah Beal for 5 years of service with the City of Cibolo.
Mayor Ruppert presented Deborah Beal a plaque for 5 years of service.
8.Executive Session:
Councilman Sutton made the motion to put item to later in the agenda. Seconded by Councilwoman
Hartman. For:All,Against: None.
Pursuant to LGC Section 551.071,Consultation with Attorney and Pending and contemplated Litigation to
discus the following:
A. Discussion on TWC's denial of Keith Gilbreath's application for unemployment benefits,his current
appeal,and his complaint.
B. Discussion on the City of Santa Clara incorporation of portions of the City of Cibolo ETJ without the
approval of the City of Cibolo;possible remedies including litigation and City of Santa Clara versus City of
Cibolo,Cause No 04-1715-CV.
C. Discussion of the demand for retainage by ELLA Contracting on the sewer line contract;disputed claims
and negotiations.
D: Discussion of the demand for retainage by Ace Concrete on the Deer Creek Park Project.
1' .I
o
Council went into executive session at 10:43 P.M.
9. C►pen Session
Council reconvened at 11:45 P.M.
A. Discussion/Action on TWC's denial of Keith Gilbreath's application for unemployment benefits,his
current appeal,and his complaint.
No action was taken.
B. 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;possible remedies including litigation and City of Santa Clara versus City
of Cibolo,Cause No 04- 1715-CV.
No action was taken.
C. Discussion/Action on the demand for retainage by ELLA Contracting on the sewer line contract;disputed
claims and negotiations.
Councilman Sutton made the motion to make payment to Ella per staff contingent on landowners list.
Seconded by Councilwoman Gray. For:All,Against: None.
D. Discussion/Action on the demand for retainage by Ace Concrete on the Deer Creek Park Project.
Councilman Campbell made the motion to pay retainage. Seconded by Councilman Troncoso. For:All,
Against: None.
10. Discussion/Action(General)
A. Approval/Disapproval of a request for a front setback variance from 25'to 15' at the following address,
Centex Homes:(P&Z recommended approval)
-Lot 31,Block 2—Willowbridge Unit 3
-Lot 3,Block 2—Willowbridge Unit 1
Councilwoman Gray made the motion to approve the front setback variance from 25'to 15'. Seconded by
Councilman Campbell. For:All,Against: None.
B. Approval/Disapproval of the appointment to the Parks Board to fill existing vacancies. (Diane Davis
was appointed to the Planning and Zoning).
Councilman Sutton made the motion to table indefinitely. Seconded by Councilwoman Hartman. For:All,
Against: None.
C. Approval/Disapproval of the appointment to the Planning and Zoning to fill existing vacancy. (Damian
Armijo resigned)
Councilman Troncoso made the motion to appoint Jimmie Powers to the Planning and Zoning Commission.
Seconded by Councilwoman Hartman. For:All,Against: None.
D. Approval/Disapproval of the 2004 Tax Rolls,Guadalupe County.
Councilman Sutton made the motion made the motion to approve the 2004 Tax Rolls. Seconded by
Councilman Troncoso. For:All,Against: None.
E. Approval/Disapproval of accepting the bid for the purchase of three police cars
Councilman Troncoso made the motion to award the bid to Philpott Motors for$19,312 each. Seconded by L
Councilman Sutton. For:All,Against: None.
F. Approval/Disapproval on the reorganization of Public Works.
Councilman Troncoso abstained from discussion. Councilman Campbell made the motion to approve the
reorganization of Public Works as stated by Todd Parton. Seconded by Councilwoman Hartman. For: All
with the exception of Councilman Troncoso abstaining.
G. Approval/Disapproval of establishing a priority list for drainage projects.
Councilman Troncoso made the motion to table item. Seconded by Councilman Campbell. For:All,
Against: None.
H. Approval/Disapproval of the City of Cibolo Masterplan.
Councilman Sutton made the motion to table till the January 11th meeting. Seconded by Councilwoman
Hartman. For:All,Against: None.
I. Approval/Disapproval of the City of Cibolo Flag.
Councilman Campbell made the motion to approve the Brown Logo and Yellow background for the city flag.
Seconded by Councilman Troncoso. For:All,Against:None.
11. Discussion Only
Discussion on a future agenda item pertaining to a proposed plan for the downtown Cibolo area,as being
independently prepared by Cascade Head Development.
Todd Parton went over subject with council. No action was taken..
12. Resolutions
A. Approval/Disapproval of an resolution establishing rules and regulations regarding the use of excessive
force during nonviolent civil rights demonstrations,including physically barring entrance to a facility or
location which is the subject of such demonstration,and providing penalties for violations thereof.
Councilman Campbell made the motion to table resolution. Seconded by Councilman Sutton. For:All,
Against: None.
B. Approval/Disapproval of an resolution authorizing the Mayor to represent the City of Cibolo in its
application for a grant from the Texas Water Development Board for flood protection planning;to enter into
a contract with the Texas Funds from the adopted.Fy2004-05 City Budget.
Councilwoman Gray made the motion to approve the resolution. Seconded by Councilwoman Hartman. For:All,
Against: None.
C. Approval//Disapproval of an resolution requested an extraterritorial jurisdiction swap with the City of Schertz
for the 14.30 acres adjacent to both of our city limits known as O1d.Wiederstein Road.
Councilwoman Hartman made the motion to approve the resolution.Seconded by Councilman Campbell. For:
All,Against: None.
13. Ordinance
Approval/Disapproval of an ordinance adopting Article 80 of the National Electrical Code,which establishes
requirement for permitting,fines and penalties for violations of the National Electrical Code.
Councilwoman Hartman made the motion to approve the ordinance.Seconded by Councilman Campbell.
For:All,Against: None.
14. Presentation
Update from Rudy Klein,City Engineer,on City of Cibolo projects to include,but not be limited to:
-HRM Consultants
` -Drainage Projects
-Deer Creek Park
-Dietz Road Sidewalk
-Utility Projects
-Street Projects
Rudy Klein gave a brief update on current and future projects.
15. Comments
A. City Staff-Todd Parton stated that the new Chief Building Inspector would start December 6,2004.
B. Commissioners-None
C. City Council-Council had comments.
D. Mayor—None.
16. Adjournment
Councilman Campbell made the motion to adjourn at 11:59 P.M. Seconded by Councilman Sutton.For:All,
Against: None.
PASSED AND APPROVED THIS 14'DAY OF DECEMBER 2004.
Charles Ruppert
Mayor
ATTEST:
nne Griffm
J
Secretary