Loading...
Min CC 03/09/2004 K REGULAR CITY COUNCIL MEETING M CIBOLO MUNICIPAL BUILDING 109 S.MAIN March 9,2004 6:00 P.M. MINUTES I. Call to Order-Mayor Ruppert called the meeting to order at 6:00 P.M. 2. Roll Call-All members of council were present. 3. Invocation-Councilman O'Brien gave the invocation. 4. Pledge of Alle ig'ance-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 presented issue,nor may any action be taken on any issue at this time. (Attorney General Opinion—JC-0169) (Limit of three minutes each) There were no citizens to be heard. 7. 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 February 24,2004,City Council Public Hearing Minutes. B. Approval of February 24,2004,Regular City Council Minutes. C. Approval of hiring Sheila Edmondson as the Deputy Municipal Court Clerk Councilman Sutton made the motion to approve the consent agenda. Seconded by Councilman Campbell. For: All, Against: None. 8. Consent Agenda A. Approval of performance bond for Springtree Subdivision,Unit 3 in the amount of $24,319.25. B. Approval of performance bond for Bentwood Ranch Subdivision,Unit IA in the amount of$153,180.25. Councilwoman Gray made the motion to approve the builder consent agenda items. Seconded by Councilman Campbell. For: All,Against: None. 9. Discussion/Action A. Approval/Disapproval of a two-year contract extension for solid waste/garbage services with Henry Gutierrez of Bexar Waste. Henry Gutierrez gave the up date on the garbage service with the growth of the city,to include the purchasing of new trucks. Stated that the rates would stay the same until 2005,and has also added a fall cleanup at no charge to the city. Councilman Sutton made the motion to approve the two-year contract extension for solid waste/garbage services with Henry Gutierrez of Bexar Waste. Seconded by Councilman Campbell. For: All,Against: None. B. Approval/Disapproval of the financial report for first quarter of FY2004. Mayor Ruppert stated that this was tabled from the last meeting. Councilman O'Brien made the motion to •• Y 'approve the financial report for the first quarter of FY2004. Seconded by Councilwoman Gray. For: All, Against: None. C. Approval/Disapproval of adding to the subdivision ordinance,Builders in the City of Cibolo's ETJ that use the City of Cibolo's utilities must comply with the City of Cibolo's Building Codes. (Add to section III— Purpose&Jurisdiction letter C. Code Compliance in the City's ETJ). Councilwoman Gray stated that she received conflicting information from staff regarding the City's ability to require building permits from the builders in the ETJ. She contacted TML and spoke to the Director of Legal Services, Mr. Scott Houston.He advised the City add to the subdivision ordinance, "Builders in the City's ETJ must comply with the City's building codes."Councilwoman Gray reminded Council that she asked at the last meeting if this was in our subdivision ordinance. Staff stated that it was.Upon inspection of Ordinance 590, she did not find the provision. She is now asking that it be added. Ed Beasley stated that we could charge them inspection fees because we provide them with water,but no other fees. Councilman O'Brien asked Ed Beasley to check with legal to see if the city can obtain a no fee permit. Councilman O'Brien made the motion to direct staff to reword ordinance with a disk for council inspection by the next meeting. Seconded by Councilman Sutton. For:All,Against:None. D. Approval of Adding update old business to the agenda to be on every agenda after the citizens to be heard and before the consent agenda items. Councilwoman Gray stated that she would like to see old business added to the beginning of the agenda so things do not get forgotten. Councilman OBrien made the motion to disapprove item with the looking into software. Seconded by Councilman Campbell. For: All,Against:None. E. Approval/Disapproval of an offer to purchase property currently owned by Union Pacific Railroad,along Pfeil Road,from Rhea Street to Main Street, (Approximately 2.12 acres) Polly Ruppert,master gardener planner,stated that she is trying to,come up with an idea for a city beautification project. Stated that she has spoke with the railroad and they are willing to sell the parcel of land,from Rhea Street to Main Street. Councilman OBrien made the motion to begin the purchase process of this land and insure due diligence is observed or followed with respect to easements,environmental assessment etc. Particularly the city should avoid incurring any responsibility to clean up pollution caused by the railroad or the businesses that have or are currently operation on the parcel of land. Seconded by Councilwoman Gray. For:All,Against:None. G. Approval/Disapproval to establish a policy for incurring services of the city attorney. Councilman Sutton stated that there have been problems with incurring the service of the city attorney. There was discussion among council concerning this issue. There was also talk about adding the engineer position to this policy. Councilwoman Gray made the motion to approve the policy for incurring services for the city attorney. Seconded by Councilman Campbell. For:All,Against:None. H.Approval/Disapproval of a policy defining the parameters of the city charter membership. Councilman Sutton stated that some items did not get clarified before decisions are made. There was discussion concerning the way members to the charter commission were chosen at the last meeting. Councilman O'Brien stated that he,Councilman Campbell and the Mayor met after the meeting to tabulate the votes again. Councilman Sutton made the motion to table till the end of the meeting. Seconded by Councilwoman Gray. For: All,Against:None. There was more discussion after item 13.Councilman Sutton stated the process that council had decided upon was not followed. There seems to be great confusion as to the process but for the sake of continuity that he would no object to the current seating of the charter commission. Councilman Sutton stated that he had no intention of changing the current charter committee,the 15 chosen,but wanted to clarify for future meetings. Councilman O'Brien confirmed that the original 15 members will make up the charter committee. There was no motion made,no action taken. 10.Recess Until After the Public Hearing -01 The City Council will recess for a 6:30 joint public hearing with the Planning and Zoning Commission. The City 4r A- 'Council will reconvene after a public hearing and a short special meeting of the Planning and Zoning Commission. Councilman Sutton made the motion to recess into 7:15 P.M. or the end of the public hearing is complete, at 6:33 P.M. Seconded by Councilman Campbell. 11.Reconvene in Open Session. The Mayor pro tem called calls the Council to order and reconvened in open session. The council reconvened at 7:10 P.M. Councilman Williams and Mayor Ruppert were absent for the duration of this meeting. 12. Discussion/Action(General) A. Approval/Disapproval of annexation for Mr.Perry Blanton,being 1.470 acres(54,035 sq. ft.)of land out of a 7.22 tract s recorded in Volume 621,Page 364,of the Deed Records of Guadalupe County,Texas and situated in the Trinidad Garcia Survey,Abstract Number 137. Councilman Campbell made the motion to approve the annexation for Mr.Perry Blanton,being 1.470 acres (54,035 sq.ft.)of land out of a 7.22 tract s recorded in Volume 621,Page 364,of the Deed Records of Guadalupe County,Texas and situated in the Trinidad Garcia Survey, Abstract Number 137. Seconded by Councilman Sutton. For:All,Against: None. B.Approval/Disapproval of annexation for Mr.Perry Blanton,being 3.298 acres of land out of the Mathias Lindenburg Survey,Abstract No. 215,Guadalupe County,Texas,and being all of a designated 3.263 acre tract as described in a Warranty Deed from Lewis C.Borgfeld,a single man,to Mack Kardys and wife Juanita Kardys, dated September 26, 1974 and recorded in Volume 491,Pages 477-478 of the Deed Records of Guadalupe County,Texas. Councilwoman Gray made the motion to approve the annexation for Mr.Perry Blanton,being 3.298 acres of land out of the Mathias Lindenburg Survey,Abstract No. 215,Guadalupe County,Texas,and being all of a designated 3.263 acre tract as described in a Warranty Deed from Lewis C. Borgfeld,a single man,to Mack Kardys and wife Juanita Kardys,dated September 26, 1974 and recorded in Volume 491,Pages 477-478 of the Deed Records of Guadalupe County,Texas. Seconded by Councilman Campbell. For:All,Against: None. C. Approval/Disapproval of annexation for Mr.Perry Blanton,being 4.00 acres of land situated in the M. Linderburg Survey Abstract No. 215,Guadalupe County,Texas,and being out of an 18.15 acre tract recorded in Volume 599,Page 753 of the Deed Records of said county. Councilwoman.Gray made the motion to approve the annexation for Mr.Perry Blanton,being 4.00 acres of land situated in the M.Linderburg Survey Abstract No.215,Guadalupe County,Texas,and being out of an 18.15 acre tract recorded in Volume 599,Page 753 of the Deed Records of said county. Seconded by Councilman Sutton. All,Against: None. D.Approval/Disapproval of annexation for Mr.Perry Blanton,being 4.027 acres of land located in the City of Cibolo,Guadalupe County,Texas,and being out of the Mathias Lindenburg Survey,Abstract No. 215, Guadalupe County,Texas,and also being out of a 18.15-acre tract as recorded in Volume 599,Pages 753-756 ofthe Deed Records of Guadalupe County, Texas. Councilman Sutton made the motion to approve the annexation for Mr.Perry Blanton,being 4.027 acres of land located Guadalupe County,Texas,and being out of the Mathias Lindenburg Survey,Abstract No. 215,Guadalupe County,Texas,and also being out of a 18.15 acre tract as recorded in Volume 599, Pages 753-756 of the Deed Records of Guadalupe County,Texas,with the city of cibolo being removed from it. Seconded by Councilman Campbell. For:All,Against: None. E.Approval/Disapproval of annexation for Mr.Perry Blanton,being 5.750 acres(250,470 sq. ft.) of land out of a 7.22 acre tract as recorded in Volume 621,Page 364, of the Deed Records of Guadalupe County,Texas and situated in the Trinidad Garcia Survey Abstract Number 137. Councilwoman Gray made the motion to approve the annexation for Mr.Perry Blanton,being 5.750 acres (250,470 sq.ft.) of land out of a 7.22 acre tract as recorded in Volume 621,Page 364, of the Deed Records of Guadalupe County,Texas and situated in the Trinidad Garcia Survey Abstract Number 137. Seconded by Councilman Sutton. For: All,Against: None. F.Approval/Disapproval of annexation for Mr.James Hardy,Jr.,being 48.835 Acres of Land more or less, situated in the SEXTO Dominguez Survey No. 152,Abstract No. 110,Guadalupe County,Texas,being the same tract called 48.85 acres of land recorded in Volume 1774,Page 652,Official Public Records,Guadalupe County,Texas. Councilman Sutton made the motion to approve the annexation for Mr.James Hardy,Jr.,being 48.835 Acres of Land more or less, situated in the SEXTO Dominguez Survey No. 152,Abstract No. 110,Guadalupe County, Records,Guadalupe County,Texas. Seconded by Councilman Campbell. For:All,Against: None. 13. Consent Agenda Ordinance—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/Disapproval of an Ordinance amending the contract and awarding a two-year contract extension for solid waste/garbage services with Henry Gutierrez of Bexar Waste and fixing the fees to be charged through December 1,2005. B. Approval/Disapproval of an ordinance for Annexation for Mr.Perry Blanton,being 1.470 acres(54,035 sq. ft.)of land out of a 7.22 tract s recorded in Volume 621,Page 364,of the Deed Records of Guadalupe County, Texas and situated in the Trinidad Garcia Survey,Abstract Number 137. C. Approval/Disapproval of an ordinance for Annexation for Mr.Perry Blanton,being 3.298 acres of land out of the Mathias Lindenburg Survey,Abstract No.215,Guadalupe County,Texas,and being all of a designated 3.263 acre tract as described in a Warranty Deed from Lewis C. Borgfeld,a single man,to Mack Kardys and wife Juanita Kardys,dated September 26, 1974 and recorded in Volume 491,Pages 477-478 of the Deed Records of Guadalupe County,Texas. D.Approval/Disapproval of an ordinance for Annexation for Mr.Perry Blanton,being 4.00 acres of land situated in the M.Linderburg Survey Abstract No. 215,Guadalupe County,Texas,and being out of an 18.15 acre tract recorded in Volume 599, Page 753 of the Deed Records of said county. E.Approval/Disapproval of an ordinance for Annexation for Mr.Perry Blanton,being 4.027 acres of land located in the City of Cibolo,Guadalupe County,Texas,and being out of the Mathias Lindenburg Survey,Abstract No. 215,Guadalupe County,Texas,and also being out of an 18.15-acre tract as recorded in Volume 599, Pages 753-756 of the Deed Records of Guadalupe County,Texas. F. Approval/Disapproval of an ordinance for Annexation for Mr.Perry Blanton,being 5.750 acres(250,470 sq. ft.) of land out of a 7.22 acre tract as recorded in Volume 621,Page 364, of the Deed Records of Guadalupe County,Texas and situated in the Trinidad Garcia Survey Abstract Number 137. G.Approval/Disapproval of an ordinance for Annexation for Mr.James Hardy,Jr.,being 48.835 Acres of Land more or less,situated in the SEXTO Dominguez Survey No. 152,Abstract No. 110,Guadalupe County,Texas, being the same tract called 48.85 acres of land recorded in Volume 1774,Page 652, Off=icial Public Records, Guadalupe County,Texas. Councilman Sutton made the motion to approve the consent items with the stipulation that item E has "in the city of Cibolo be removed"and that item A.was discussed at an earlier part of the meeting. Seconded by Councilman Campbell. For:All,Against: None. r " 'Dlstusslon Discussion on Storm Water Management. Councilwoman Gray gave some information to council pertaining to Storm Water Management. Councilman O'Brien recommended giving this item to planning and zoning to work on this. Councilman Sutton recommended everyone brain storm and come up with some idea and give input to Rudy Klein so he can give something to Planning and Zoning to start with. 15. Comments A. City Staff Mark Riffe provided council with the statistical report on House Bill 1074. All officers have had the required training that the house bill requires. The city is in compliance. Rudy Klein gave an update on the city projects. The City Hall is a week ahead of schedule. Deer Creek Park,the track is nearly completed and is starting on the parking lot and restroom facility. Finish plans of the water/sewer extension. Spoke with the contractor on the tower and stated that they would remedy the problem but did not state what or how they would. Not sure on the drainage project. Chuck Balcar stated that there was good news from TxDot and there would be a turning lane on FM 1103. Read from a letter concerning a problem with the county. B. City Council Councilman Campbell asked about the pipes that are still lying around. Some will be used in a project. Councilman Sutton gave an update on CRWA. Councilwoman Gray asked if we had news from Schertz on the Dietz sidewalk project. Also asked about if the council approved the RFQ for the masterplan. Also asked about an approved park plan. C. Mayor Pro Tem stated that the ground breaking ceremony will be 1:30 P.M. on Friday. Delivered invitations to all the business today with positive feedback. 16. Adjournment Councilman Sutton made the motion to adjourn at 8:13 P.M. Seconded by Councilman Campbell. For:All,Against: None. PASSED AND APPROVED THIS 23RD DAY OF MARCH,2004. ZZ Charles Ruppert Mayor " ATTEST: v nne i Secretary