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Min CC 06/08/2004 REGULAR CITY COUNCIL MEETING CIBOLO MUNICIPAL BUILDING 109 S.MAIN June 8,2004 7:00 P.M. MINUTES 1. Call to Order-Mayor Ruppert called the meeting to order at 7:00 P.M. 2. Roll Call-All members of council were present. 3. Invocation-Mayor Ruppert 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) There were no citizens to be heard. 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.) A. Approval of the Minutes of City Council Public Hearing on May 25,2004. B. Approval of the Minutes of Regular City Council on May 25,2004. C. Approval of the check register for May 2004. D. Approval of accepting bond for Lantana,Unit 3. Councilwoman Gray made the motion to approve the consent agenda items. Seconded by Councilman Troncoso. For:All, Against:None. 7. Proclamation Presentation of a Proclamation stating that June 14,2004 as National Flag Day. Mayor Ruppert read the proclamation and stated that there will be a flag ceremony at city hall flagpole at 10:00 A.M. 8. Resolution Approval/Disapproval of a resolution of the City of Cibolo in support of creating Guadalupe County Emergency Services District Number Two. Item was tabled from the May 25th meeting. Councilman Sutton stated that he was at the public hearing and thought there was some good information along with vague ones,and some capital and equipment improvement goals that were too optimistic for the funding projections. Thought it would be a positive benefit to the city and fire department,but that not having an ESD and operations and maintenance contribution would be better. Stated that he was concerned about creating another taxing entity. Feels that the city should not pass this resolution at this time.This resolutions not part of the process called for by the legislature,we still need to receive a letter from the country inviting us to be a part of the ESD. Councilwoman Gray stated that she was also at the meeting and stated that she still has some concerns about the ESD. Would go for the resolution if it is to support the election but to yes or no,stated that she couldn't because of to many unanswered questions. Councilman Troncoso stated that if the city doesn't support the ESD then it needs to support the Fire Department more financially. Mayor Ruppert stated that over the last three years the city's contribution has gone from $15,000 to$63,000. Councilman Sutton stated that of the$63,000,approximately$55,000 was not a contribution,but rather payment for contract services.Mayor Ruppert pointed out that the citizens pay more of the share than the county residents do. Also stated that if the resolution is disapproved than chapter 775 and 776 states that the county can come back and petition the city. There was further discussion among council members concerning calls to the city and the county,fees paid by each and relating issues. There was discussion that once the city decides to go with the ESD it is very difficult to get out of it and that the city loses control if it goes with the ESD. Councilman Campbell made the motion to disapprove the resolution. Seconded by Councilwoman Gray. For:All with the exception of Councilman Troncoso. 9. Discussion/Action A. Appointment of a Mayor Pro Tem for the term of June 2004-May 2005. Councilman Campbell nominated Councilman Sutton. Councilman Troncoso made the motion of Councilwoman Gray. Councilman Campbell made the motion to close the nomination. Seconded by Councilwoman Hartman. Mayor Ruppert allowed the two nominees to speak. Mayor Ruppert called each name,which ended up with two votes for Councilman Sutton,and three for Councilwoman Gray. Councilwoman Gray was named Mayor Pro Tem for the term of June 2004- 2005. B. Approval/Disapproval of accepting bids for the Town Creek Sewer Line Phase II project to the lift station. Rudy Klein stated that bids were opened at 10:00 A.M.today with four companies picking up packages by only two submitting bids. ASC paving came in the lowest with a bid of$38,169.10 and Jimerson Underground with a bid of $42,014.00. Stated that they have done satisfactory work for the city on other projects. Councilman Sutton made the motion to award the bid to ASC paving for the amount of$38,169.10. Seconded by Councilwoman Hartman.For:All, Against:None. C. Approval/Disapproval of the appointing of three additional people's for the ad-hoc committee to formulate a policy on ethics and procedures for elected officials. (Tabled from May 25t`council meeting) Councilman Sutton stated that two of the formerly appointed have withdrawn for cause,but Ed Ling and Sam Bauder has stated that the will serve on this committee. Councilwoman Gray asked if there was a way to go out to the public and get additional volunteers. Councilman Sutton stated that if the charter gets voted yes on then there would have to be an ethics committee. Councilman Campbell made the motion to disapprove the appointing of three additional members. Seconded by councilman Sutton. For:All,Against:None. D. Approval/Disapproval of the selection of the ten members for the Business Development Committee. (Tabled from May 25th council meeting) Councilwoman Hartman stated that the membership needs to have experience rather than just anyone being placed on this committee. Councilwoman Hartman made the motion to postpone indefinitely. Seconded by Councilwoman Gray. For: All,Against:None. E. Presentation and explanation to the City Council of the proposed Cibolo City Charter by the Cibolo Charter Commission. Ray Thomas stated that the council requested a committee of 15 members get together and develop the city charter. Gave the council,with Gary Kelly, a summary of the charter that will go to vote on September 11,2004. Ray Thomas and Gary Kelly presented the charter and plaque,with the pen to sign the charter,to Mayor Ruppert. Also presented the other members of the charter. F. Approval/Disapproval of the acceptance on the Charter presented to the City Council by the Cibolo Charter Commission. Councilman Sutton made the motion to ratify the acceptance of the charter present by the City Charter Commission. Seconded by Councilman Campbell. For:All,Against:None. G. Approval/Disapproval on directing staff to call for an Election on the Adoption of a Home Rule Charter for the City of Cibolo for September 11,2004. (( Y r rl Councilwoman Gray made the motion directing staff to call for an election for the adoption of a home rule charter for the City of Cibolo on September 11,2004. Seconded by Councilman Troncoso.For:All,Against:None. H. Approval/Disapproval of the Mayor signing a letter to TxDot, agreeing to the construction method as submitted by CCMA for the installation of the pipeline crossing the City Hall driveway facing Loop 539 and the driveway at Niemetz Park. Councilman Sutton made the motion to approve the Mayor signing a letter to TxDot,agreeing to the construction method as submitted by CCMA for the installation of thepipeline crossing the City Hall driveway facing Loop 539 and the driveway at Niemietz Park. Seconded by Councilman Campbell. For:All,Against: None. I. Approval/Disapproval of appointing members to the Planning and Zoning. (David Kinnon and Bede Ramcharan positions) Councilman Sutton stated that Bede Ramcharan has not resigned until after the next meeting. Chuck Balcar stated that the appointment for his position would take his seat after he resigned at the start of the meeting. The two nominees introduced themselves to the council. Councilman Sutton made the motion to appoint Mr.Admin Moore to Bede Ramacharan Position and Mr.Du Mario to David Kinnon position. Seconded by Councilman Troncoso. For:All,Against: None. 10. Ordinance Approval/Disapproval of an ordinance governing connections to the Sewer System of the City and Regulation of same; providing a penalty for violation of this ordinance;containing a savings clause;and providing an effective date. Ed Beasley stated that this was the ordinance that council requested. The city attorney has reviewed this. Councilman Sutton asked if the passage would grandfather septic tanks in the future by changing the ordinance. Chuck Balcar stated that future councils could change this ordinance. Councilman Sutton made the motion to approve the ordinance governing connections to the Sewer System of the City and Regulation of same;providing a penalty for violation of this ordinance; containing a savings clause;and providing an effective date. Seconded by Councilwoman Hartman. For:All,Against: None. 11. Comments A. City Staff Ed Beasley gave the council and update of what is going on with the increase of permits. There are 374 houses under construction. The inspectors are currently doing between 15 and 30 inspections a day,to many for one person. Rudy Klein stated that Brian Cope has passed his professional engineer test and will be a certified engineer. B. City Council -Councilwoman Gray asked about the drainage project Dietz and Town Creek. They will be opened next week,Rudy Klein replied. Also asked about administrator report being placed in the council books.' -Councilman Troncoso thanked the charter committee for their hard work. Also received a letter concerning officer McDaniel's job well done. Asked Chuck Balcar about the street on Schalther and its repair. -Councilman Sutton asked all to think about the budget with capital projects. Major items would be main street from Fm 1103 to Fm 78,complete 2-5 year lifespan type paving repair project on Borgfeld Road Repair,possible FM 78 project for gravity collection point for a forced main,and possible going out for a bond project to overhaul Borgfeld Road. -Councilman Campbell also thanked the charter commission. -Councilwoman Hartman also thanked the charter commission. Also asked about the new subdivision street being cracked one year after it opens. C. Mayor-Also thanked the charter commission and v � 'i'12. Adjournment Councilman Sutton made the motion to adjourn at 8:50 P.M. Seconded by Councilman Campbell For:All,Against: PASSED AND APPROVED THIS 13TH DAY OF JULY 2004. i Charles Ruppert Mayor ATTEST: - 1 I V11![ Y nne Griffin Secretary