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Min CC 10/08/2002 G J ' REGULAR CITY COUNCIL MEETING CIBOLO MUNICIPAL BUILDING 109 S.MAIN October 8,2002 7:00 P.M. MINUTES 1. Call to Order-Mayor Ruppert called the meeting to order at 7:03 P.M. 2. Roll Call-Councilwoman Duggar was absent,all other members of council were present. 3. Invocation-Councilman O'Brien gave the invocation. 4. Pledge of Allegiance-Mayor Ruppert led the Pledge of Allegiance. 5. Citizens to be Heard(limit of three minutes each) Dale Gross- Spoke on item 6B. Charlie Ha eg_mann stated that he was concerned about all the cars parked on Deer Creek. O.A. Cielenik stated that he has worked the city's 5-acre tract and would like to continue this until the city is ready to develop the land. James Applegate-Spoke on item 6B. Darcy Peterson- Spoke on item 8A. Joel Spellings stated that he was also concerned about all the cars parked on Deer Creek. David Metitz commented about the city not being responsible for the speed but the driver. Bobby Nugent-Spoke on item 8A. 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 or citizen so requests,in which case the item will removed from the consent agenda and considered as part of the order of business.) A. Consideration and Approval of September 24,2002,Minutes of the Regular City Council. B.Approval/Disapproval of an ordinance revoking Amendment Number One to Ordinance#455 which changed Deer Creek Blvd.to a stop street and made Oak Creek a through street.The new ordinance returns Deer Creek Blvd to a through street and makes Oak Creek the stop street.This ordinance will result in the removal of the stops signs on Deer Creek Blvd and legalize the stop signs on Oak Creek. C.Approval of Check Register for September,2002. D.Amended plat for Cibolo Valley Ranch to reflect additional right-of way requested by Texas DOT. Councilwoman Epperson made the motion to approve the consent agenda items. Seconded by Councilman O'Brien. For: 3,Against: Councilman Jeff Campbell. 7.Presentation Recognition of five years of service by City Secretary/Treasurer Yvonne Griffm. Mayor Ruppert present a plaque to Yvonne Griffm for her five years of service. 8. Discussion/Action A. Discussion/Action on variance request from Mr.Provost, 104 Cinnabar Trail in the Deer Creek Subdivision, I to encroach on side and rear set back requirements and rear easements. (Mr.Provost had a deck built without a proper permit and its location violates city ordinances) W.Provost stated that the deck was not placed for recreation but for his safety. Was told by builder that all permits had been received and approved. Had approval from SWB and Paragon to move their cables farther back in yard to allow for the swimming pool. Mayor Ruppert stated that the Planning and Zoning recommended approval with stipulation that the deck is removed with 6 months of Mr.Provost death. Keith Gilbreath recommended having the council approve the encroachment into the easement enough to allow for a turnaround landing for his wheel chair. Motion 1: Councilman O'Brien made the motion to disapprove the variance request. Seconded by Councilman Williams. For: Councilman O'Brien, Against: Councilman Campbell,Councilwoman Epperson,and Councilman Williams. After further discussion Mayor Ruppert asked Mr.Provost if he would accept a partially variance. Mr. Provost stated that a partial deck would not serve his purpose. Motion 2: Councilman O'Brien made the motion to deny Mr.Provost variance request. Seconded by Councilman Campbell. For:All,Against: None. B. Discussion/Action on Approval/Disapproval of releasing of Performance Bond for Willow Bridge Unit 1. Keith Gilbreath stated that Unit 1 is complete and is 60%built out. Recommend releasing of Performance Bond. Councilwoman Epperson made the motion approve the release of Performance of Bond for Willow Bridge Unit 1. Seconded by Councilman O'Brien. For: All,Against: None. C.Discussion/Action on Approval/Disapproval of releasing of Performance Bond for Willow Bridge Unit 2. Keith Gilbreath stated that all roadwork has been complete,one stop sign still needs to be moved. Councilman O'Brien made the motion to approve the release of Performance Bond for Willow Bridge Unit 2. Seconded by Councilman Campbell. For: All,Against: None. D.Discussion/Action on appointing members to the Parks Commission. Mayor Ruppert read the list of 10 interested individuals wanting to be members of the Parks Commission. After discussion the following were appointed to the Parks Commission: Jeffrey Bupp, Susi Rogers,Amy Madison,Marc Bustamante,Fritz,Norman,Kristen Goodrich,and Michael Graham. The alternates would be as followings: 1 -Rudeem Ramcharan,2-Thomas Rober,and 3 -James Keir. Their first meeting will be held on Tuesday,November 5,2002. Councilman Campbell made the motion to approve the above list of appointments with the three alternates to the Parks Commission. Seconded by Councilwoman Epperson. For: All,Against: None. E. Discussion/Action on the receipts of bids relating to the sale of obligations designated as"City of Cibolo", Texas Tax Notes, Series 2002"; consideration and approval of financial advisor's recommendation concerning this matter; and other maters in connection therewith. Mr.Victor Quiroga with Southwest Securities,City Financial Advisors received several bid this afternoon at 11:00. The lowest bid came in with a 2.9505 interest rate,from SAMCO Capital Markets. The second lowest bid was with Salomon Smith Barney,Inc. at 2.9784 interest rate. Mr. Quiroga stated that with the rates coming in lower than budgeted it will save the city an approximately$30,000. Councilwoman Epperson made the motion to approve the acceptance of the bid from SAMCO Capital Markets with a interest rate of 2.9505. Seconded by Councilman Campbell. For: All,Against: None. 9.-Ordinances A. Discussion/Action on approval/disapproval of an ordinance by the city council of the city of Cibolo,Texas authorizing the issuance of"City of Cibolo,Texas Tax Notes, Series 2002",levying an annual ad valorem tax,within the limitations prescribed by law, for the payment of the notes;prescribing the forms,terms, conditions, and resolving others matters incident and related to the issuance, sale, and delivery of the notes; including the approval and distribution of an official statement; authorizing the execution of a paying agent/ registrar agreement; complying with the provisions of the depository trust company's letter of representations;and providing an effective date. Mr.Victor Quiroga stated that this was the ordinance that approves the purchase of bonds at the interest rate previously approved. Councilman O'Brien made the motion to approve the ordinance authorizing the issuance of"City of Cibolo,Texas Tax Notes, Series 2002". Seconded by Councilman Campbell. For: All, Against: None. B.Discussion/Action on ordinance for approved annexation of Blanton Family Limited Partnership,land being 1.510 acre tract of land situated in the M.Lindenburg Survey,Abstract 215,Guadalupe County, Texas, and being out of a 18.15 acre tract as recorded in Volume 599,Page 753,of the Guadalupe County,Texas. (Annexation approved on September 24,2002) There was no discussion. Councilwoman Epperson made the motion to approve the annexation of The Blanton Family Limited Partnership 1.510 acre tract. Seconded by Councilman Campbell. For: All, Against: None. C.Discussion/Action on ordinance for approved annexation of Blanton Family Limited Partnership,land being 10.203 acre tract of land situated in the M.Lindenburg Survey,Abstract 215,and the Trinidad Garcia Survey,Abstract 137,Guadalupe County,Texas and being out of a 100 acre tract as recorded in Volume 46,Page 383, of the Deed Records of Guadalupe County,Texas.(Annexation approved on September 24,2002) The was no discussion. Councilman Williams made the motion to approve the annexation ordinance for the Blanton Family Limited Partnership 10.203 acre tract. Seconded by Councilwoman Epperson For: All, Against: None. D.Discussion/Action on ordinance creating a recycling program for residential utility customers in the City of Cibolo and assessing a monthly fee to partially fund the recycling program. Item was discussed during the budget process. Councilwoman Epperson made the motion to approve the ordinance creating a recycling program for residential utility customers. Seconded by Councilman Campbell. For: councilwoman Epperson,Councilman Williams, and Councilman Campbell. Against: Councilman O'Brien. 10. Discussion Only A.Discussion on adopted a procedure to identify streets and drainage projects for the second year of the certificate of obligation funded projects.Total amount available will be approximately$800,000. Rudy Klein, City Engineer, stated that the next phase could include Borgfeld Road,East Dietz Creek drainage problems and Industrial Park drainage. Chuck Balcar stated that parts of Sunflower and Indian Blanket also need to be considered. Mayor Ruppert stated that there were streets in the masterplan that need to be reviewed,recommended letting Planning and Zoning reviewing this and giving a recommendation to Council. Chuck Balcar also mentioned the short cut route between Cibolo Valley Drive and FM 1103. Rudy Klein stated that the best time to go out for bids would be the mid March time frame,after TXDot has assigned their road projects. B.Discussion of reorganization and five-year personnel plan to manage growth in the City of Cibolo. Councilman O'Brien stated that the city needed to start looking at the growth of the city early and to start assigning personnel in the correct departments. Chuck Balcar stated that the largest growth of personnel r would take place in FY2004. There would have to be a new City Hall before anymore administration could be hired. Councilman O'Brien recommended a workshop to start reviewing the organization chart. One recommendation was to place code enforcement under the police department. 11. Comments A. City Staff Mark Riffe stated that the grant requesting video equipment in the patrol cars has been approved. They should be received by early next year. Chuck Balcar stated that he attended the Edwards Aquifer meeting concerning the city's water rights. The city has a month to make a case concerning keeping the rights. B. City Council Councilman O'Brien commented about not liking to deny variance request but felt there were no other options. Councilman Campbell stated that he would like to see the stop sign issue on Deer Creek and Deer Meadow on the next agenda. Councilwoman Epperson asked where the city was on getting a new municipal judge. Mayor Ruppert stated that Judge McDonald has stated that he could begin on November's court date. C. Mayor- None 12. Adjournment Councilwoman Epperson made the motion to adjourn at 10:00 P.M. Seconded by Councilman Campbell. For: All,Against: None. PASSED AND APPROVED THIS 22ND DAY OF OCTOBER 2002. 4avr Charles Ruppert Mayor ATTEST: vonne Griffm ity Secretary