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Min CC 11/09/2004 1 REGULAR CITY COUNCIL MEETING CIBOLO MUNICIPAL BUILDING 200 S.MAIN November 9,2004 7:00 P.M. NHNUTES 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. 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) Annette Hemadez—spoke on,item 10 C. Steve Liparado—spoke concerning the fire hydrant maintenance. Working well with city staff on getting this started. Also talked about the third person working in the station now and would also like to start some joint efforts to get some grants applications started. 6. Consent Agenda-Consent 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.) , i A. Approval of the Minutes of the City Council Meeting on October 26,2004. B. Approval of the resignation of Gary Kelly from the Planning and Zoning Commission. C. Approval of the resignation of Ray Thomas from the Planning and Zoning Commission. D. Approval of trust agreement for Saddle Creek ranch Unit 1 in the amount$425,661. E. Approval of check registers for October 2004. Item 6C was pulled from the agenda by Ray Thomas as he withdrew his resignation from Planning and Zoning. Councilman Sutton pulled item B from the agenda. Councilwoman Hartman made the motion to approve items A,D and E,seconded by Councilman Troncoso. For: All,Against: None. Councilman Sutton made the motion to table item 6B indefinitely,seconded by Councilman Campbell. For:All with the exception Councilwoman Gray. 7. Presentation Presentation to Deborah Beal for 5 years of service with the City of Cibolo. Item was pulled from the agenda due to Ms.Beal not being able to attend. 8.Executive Session: 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. Council went into executive session at 7:11 P.M. 9. Open Session Council reconvened at 7:47 P.M. A. Discussion/Action on TWC's denial of Keith Gilbreath's application for unemployment benefits,his current appeal,and his complaint. Councilman Campbell made the motion to direct city attorney to prepare an appeal if necessary Seconded by Councilman Sutton .,For:All,Against: None. 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 Taken C. Discussion/Action on the demand for retainage by ELLA Contracting on the sewer line contract; disputed claims and negotiations. No Action Taken 10. Discussion/Action(General) A. Approval/Disapproval on directing City Manager to begin negotiating a contract with Espey Consultants to develop building design standards for the city. (Item was tabled from October 26,2004 meeting). Councilman Campbell made the motion to postpone indefinitely,seconded by Councilman Hartman. For: All,Against:None. B.Approval/Disapproval regarding direction and priorities to the Planning&Zoning and Parks Commissions. (Item was tabled from October 26,2004 meeting). Councilman Campbell stated that the charter spells out,the direction and priorities. Councilman Campbell made the motion to direct Planning and Zoning&Parks Commission to review the charter for their direction and priorities and if not clear or if they recommend changes then report back to city council,seconded by Councilman Sutton. For:All,Against:None. C. Approval/Disapproval the removal of planning and zoning commissioners. Councilman Sutton made the motion to remove Commissioner Annette Hernandez,seconded by Councilman Campbell. For: Councilman Sutton with all others going against. D. Approval/Disapproval of the appointment to the Planning and Zoning Board to fill existing vacancies. (Item was tabled from October 26,2004 meeting). Councilman Sutton requested to bring Gary Kelly resignation back to the table. Councilman Sutton made the motion to accept his resignation,seconded by Councilman Campbell. For:All with the exception of Councilman Troncoso who voted against. Councilman Sutton made the motion to appoint Diane Davis to the planning and zoning, seconded by Councilwoman Gray. For: All,Against:None. E. Approval/Disapproval on a holiday schedule for December meetings. Councilman Campbell made the motion to cancel the December 28 meeting, seconded by Councilman Troncoso. For:All,Against:None. F. Approval/Disapproval of a contract with Green Valley Water District on the waste water agreement. Councilman Sutton made the motion to postpone indefinitely,seconded by.Councilman Hartman. For:All, Against: None. G. Approval/Disapproval on the purchase of flag poles and flags for city hall. Councilman Troncoso.made the motion to go with staff recommendation of Texas Flags,seconded by Councilman Campbell. For:All,Against: None. 11. Resolutions Approval/Disapproval of a resolution to call for a public hearing for a Rezoning(from R-2 to C-1)request from Lon,Claudia and Kevin Wright for a 31.572 acre tract situated in the Gustavo's Bunson Survey,Abstract No 72 out of a 206.8 acre tract conveyed to Theodore F. Schmidt in Volume 232,page 82 of the Deed Records of Guadalupe County,Texas. Councilman Campbell made the motion to approve the resolution calling for the public hearings.-on November 23 at 6:45 P.M.and December 14,2004 at 6:30 P.M.,seconded by Councilman Troncoso. For: All,Against:None. 12. Ordinance A. Approval/Disapproval on an ordinance establishing penalties for violation of city franchise ordinances: Councilman Gray made the motion to approve the ordinance,seconded by Councilman Troncoso. For:All, Against:None. B. Approval/Disapproval on an ordinance establishing noise regulation. Councilman Campbell made the motion to approve the amendment to the ordinance,seconded by Councilman Troncoso. For:All,Against:None. C. Approval/Disapproval on an ordinance establishing the posting of building permits. Councilman Hartman made the motion to approve the ordinance,seconded by Councilwoman Gray. For: All,Against:None. 13. Discussion Only Discussion on establishing a code of ethics pursuant to section 14.09 of the city charter. Mayor Rupper went over different options to get an ethics code. Councilman Sutton said that he liked the idea of the staff drafting an ethic policy for council's review. No action taken. 14. Comments A. City Staff Todd Parton talked about the strategic planning for the city. He gave a survey to the council for their input about their priorities and what they would like to see. Would like to see how council's compares to the staff. j B. Commissioners-None C. City Council Councilman Sutton thanked Ray Thomas for his letter on his continuing his service with the city. He spoke about the entire commissioner's situation. Stated that items could have been addressed differently and hopes in the future situations will be different. Spoke about CRWA junction being lifted and that they are back to work and are back on track. Councilman Troncoso asked about the procedures for the other commissions. Todd Parton stated that he would like to get with each commission and get some procedures for them. Todd stated that he is going to be on next weeks planning and zoning agenda. Councilwoman Gray stated that she talked to Todd Parton about an amendment to the subdivision ordinance for land coverage. Thanked Annette Hernandez for her speaking. Councilwoman Hartman stated that the way things were handled about the Planning and Zoning was an embarrassment to the city. Thanked Ray Thomas for his letter. Councilman Campbell stated that he talked to Lee Perry about a permit for Perry Blanton. D. Mayor—Thanked everyone who was involved in the Cibolfest. 15. Adjournment Councilman Campbell made the motion to adjourn at 9:40 P.M.,seconded by Councilman Hartman. For:All, Against:None. PASSED AND APPROVED THIS 23rd DAY OF NOVEMBER 2004. W14r Charles Ruppert Mayor ATTEST: knne ri metary