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Min CC 09/10/2002 REGULAR CITY COUNCIL MEETING CIBOLO MUNICIPAL BUILDING 109 S.MAIN September 10,2002 ' 7:00 P.M. MINUTES 1. Call to Order Mayor Ruppert called the meeting to order at 7:01 P.M. 2. Roll Call—All 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) Todd Burnett- Stated that he was concerned about getting reimbursed for the damage that was done to his property. Mayor Ruppert stated that the invoice has not been received only a proposal,once this is received payment will be made. Dale Gross-(Spoke on items 8 B,C,E)- Stated that he has lived in his house for four years which was before the stop sign was in place and some would drive in excess of 40 mph.He believes that the removal of the stop sign would prove to be unsafe. Also stated that other subdivisions have speed limits of 30 mph but they have several stop signs to keep the area safe. Cindy D'Ortona-(Spoke on items 8 B,C,E)-Questioned why the stop sign had to be removed, stated that the removal would be very unsafe to children and others in the area of the park. Stated that should would also like the speed limit to remain 20 mph on Deer Creek and it would be acceptable to be 25 mph after the park area. Mike Wanke(Spoke on items 8B, C,E)- Stated that if the stop sign was removed that it should be replace with a speed bump to keep the traffic from speeding. Has told someone to slow down before and was verbally abused. Mona Schuster-(Spoke on items 8B, C,E)-Believes that stop sign is necessary to help slow down the traffic near the park area,they help with the safety. Stated she has also seen the traffic flow before and after the stop sign. Would also like to see crosswalks at the park. Anne Gorrebeeck(Spoke on items 8 B, C,E)- Stated that she is a walker and is very concerned about the stop sign being removed. The area has a lot of traffic and with out the stop sign to slow it down it could become very unsafe. Lynn Beaswell-(Spoke on items 8 B, C,E)-Stated that she agrees with all others who have spoke on the speed limit and stop sign on Deer Creek. Agrees that it would be nice to have a crosswalk in the area of the park and sidewalks would also help. Karla Hammen-(Spoke on items 8 B, C,E)- Stated that she was very opposed to taking out the stop sign, and is concerned about the area near the park. 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 I 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 August 27,2002,Minutes of the Regular City Council. B. Consideration and Approval of Check Register for August 2002. Councilwoman Duggar made the motion to approve the consent agenda items. Seconded by Councilman Williams. For: All,Against: None. 7. Resolutions Discussion/Action on approving the Herald as the newspaper of record for the City of Cibolo for FY 2002-03. Councilman Williams made the motion to approve the Herald as the newspaper of record for FY 2002-03. Seconded by Councilman Campbell. For: All,Against: None. 8. Ordinances A. Discussion/Action on amending Cibolo City Ordinances#449 and#483 (that Amended Ordinance#230)that establishes a Parks Commission as an advisory body to the Cibolo City Council and reviewing application for membership on the Parks Commission. Mayor Ruppert stated that there were several applications for the Parks Commissions. Council received copies of applications to review for next meeting. Councilwoman stated that the Planning and Zoning Commission consist of seven members and feels that the parks commission should be able to work with that number as well. The following changes were recommended to the current ordinance. The term to be from October to September with each member serving a two-year term. This first year seats one through three would serve a three-year term with the last four serving a four-year term.This would allow for staggering terms. It would take four members to have a quorum. Officers would be elected in November and serve for one year. Councilwoman Duggar made the motion to establish a Parks Commission with the ordinance be amending with the discussed changes. Seconded by Councilman Campbell. For: All,Against: None. B. Discussion/Action on Approval/Disapproval of removal of four way stop sign on Deer Creek Blvd. and Oak Creek Drive.(Ordinance 478). Chuck Balcar stated that the current ordinance is in error and show Oak Creek as the through street. Mayor Ruppert stated that he had a petition from 30 members of the deer creek residence that would like to see the stop sign removed. Councilman Campbell stated that he echoes what the citizens had to say and would like the stop sign to remain. Councilman O'Brien stated that he has driven the area and feels that 20-mph for that type of street is to slow. Councilman Williams stated that he is concerned about the safety of the citizen and children in the area around the park, believes that the stop sign should be moved closer to the park. Councilwoman Epperson stated that she believes that the stop sign is being used as a traffic control device and is in favor of removing the stop sign,but moving it closed to the park. Chuck Balcar stated that he completed a study in the area and the medium speed limit was 26 mph and the top speed was 37 mph. Motion 1 -Councilman O'Brien made the motion to recend amendment to Ordinance 455. Seconded by Councilman Williams. For: Councilman O'Brien and Williams. Against: Councilwoman Duggar,Epperson and Councilman Campbell. Motion 2-Councilwoman Duggar made the motion to delay the removal of the 4 way stop sign until another speed control device has been approved. Seconded by Councilman Campbell. For: Councilman Campbell,Councilman Willimam, Councilwoman Duggar and Councilwoman Epperson. Against: Councilman O'Brien. C. Discussion/Action on Approval/Disapproval of changing the speed limit on portions of Deer Creek Blvd. (Ordinance 454&477) Mayor Ruppert stated that the current speed limit is 20 mph. Councilwoman Duggar stated that would not be comfortable having the speed limit changed. Councilman O'Brien stated that the speed limit needed to be raised to at least 25 mph. Councilman Williams stated that he felt the speed limit should remain 20 mph around the park,and be raised to 30 after. Councilwoman Epperson stated that the speed limit on Main Street is 30 mph and is smaller and busier than Deer Creek. Councilman Williams stated that the council needed to do what was best for the entire city not just those that came to the meeting. Keith Gilbreath stated that the engineering was designed for those streets to keep the flow of traffic even and not for walkers and runners. That is why there is sidewalks in the area. After further discussion Councilman Campbell made the motion to change the speed limit from 20 to 30 mph from Deer Meadow to the Crest of Deer Creek and the front park to remain 20 mph. Seconded by Councilman Williams. For: Councilman Campbell,Councilman Williams, and Councilwoman Epperson. Against: Councilman O'Brien and Councilwoman Duggar. D. Discussion/Action on Approval/Disapproval of changing the speed limit on portions of Thistle Creek Drive. (Ordinance 450&45 1) Councilman O'Brien stated that the only area of concern is the school which is protected with the school zone sign. Councilwoman Duggar made the motion to approve the increase Thistle Creek Drive from 20 mph to 30,with school zones left in place. Seconded by Councilman Campbell. For: All,Against: None. E. Discussion/Action on Approval/Disapproval of changing the speed limit on portions of Deer Meadow. Councilman Campbell made the motion to amend the ordinance reducing the speed limit from 30mph to 20 mph. Seconded by Councilwoman Epperson. For: Councilman Campbell, Councilman Williams, Councilwoman Epperson,and Councilwoman Duggar. Against: Councilman O'Brien. F. Discussion/Action on Approval/Disapproval of an Ordinance reducing the basic water rate. Chuck Balcar stated that this was part of the budget process to lower the basic water rate by 50 cents. Councilwoman Duggar made the motion to approve the ordinance reducing the basic water rate by 50 cents. Seconded by Councilman Campbell. For: All,Against: None. F. Discussion/Action on Approval/Disapproval of an Ordinance increasing garbage bill by$1.51 for recycling program. Mayor Ruppert stated that the recycling program will start on October 1,2002. The fee for this was to be$1.81 but due to the excess in the budget the amount to the citizens will be lowered to $1.51. Recycling bins will be delivered by the end of September. Recycled items will be picked up once a week, same day as garbage. Councilwoman Epperson made the motion to approve the ordinance to increase garbage rate by$1.51 for recycling program. Seconded by Councilwoman Duggar. For: All,Against: None. H. Discussion/Action on Approval/Disapproval of an Ordinance increasing franchise agreement with Bexar Waste and the City of Cibolo from 15.1 %to 16%. Chuck Balcar stated that this was part of the budget process,when the contract was extended, Bexar Waste agreed to give another percent to the city. Councilman O'Brien made the motion to approve the ordinance increasing franchise agreement with Bexar Waste and the city of Cibolo from 15.1%to 16%. Seconded by Councilwoman Epperson. For: All,Against: None. 9. Discussion/Action A.Discussion/Action on Approval/Disapproval of Master Plan for Green Brook Subdivision. Keith Gilbreath stated that the only problem with was the 800 feet cul de sac, it is past the recommend length due to emergency vehicles. Larry Adkins stated that this has been corrected and that the end of the cul de sac will be an open road now. David Meidtz,Cibolo Citizen, stated that he was OK with this as long as the drainage was taken care of. Councilwoman Duggar made the motion to approve the Master Plan for Green Brook Subdivision with the recommended changes. Seconded by councilman Williams. For: All,Against: None. B. Discussion/Action on Approval/Disapproval of appointing a Liaison from the City Council to Planning and Zoning Commission for the next fiscal year. Mayor Ruppert stated that this was a program that was started last year and Councilwoman Duggar was the Liaison. This was just a trial for this last Fiscal Year. There was a comment that Chuck Balcar and Keith Gilbreath do a good job in bringing the information to Council from the Planning and Zoning Meeting. There were no other volunteers. Councilwoman Duggar made the motion to postpone position indefinitely. Seconded by Councilman Williams. For: All,Against: None. C. Discussion/Action on Approval/Disapproval of authorizing the purchase of a.used Sewer Clean-out machine from Live Oak in the amount of$10,000. Robert Arenas stated that the City has used this equipment from Live Oak in the past and has also had to contract private companies when there were sewer back-ups. This equipment would help in maintaining the sewer which would cut down on back ups. The City of Live Oak is selling one for 10,000.00 which is 10 years old. Councilwoman Epperson made the motion to approve the purchase of the Sewer clean-out machine from Live Oak for$10,000. Seconded by Councilman O'Brien. For: All,Against: None. D. Discussion/Action on Approval/Disapproval of authorizing the Mayor to sign a deed covenant amendment for 5-acre tract on Green Valley Road owned by the City. Owner needs to have a 50%approval to allow a school to be built. Councilman O'Brien made the motion to approve the Mayor to sign a deed covenant amendment for a 5-acre tract on Green Valley Road owned by the City. Seconded by Councilman Campbell. For: all,Against: None. E. Discussion/Action on Approval/Disapproval on the issuance of 7-year bonds for$1.25 million to pay for water storage tank, improvement of the water distribution system and extension of sewer service along FM 1103 to the new high school-and the Cibolo Ranch Subdivision. Mark McCliney,,bond advisor provided council with a preliminary debt service rate sheet. The proposed payment would be approximately$200,000 a year. Would have rates in October. Mark McCliney stated that Cibolo should go for a tax base bond,this would ensure the lowest rate. Chuck Balcar stated that there has already been$220,000 collected in impact fees. Councilwoman Duggar made the motion to approve the issuance of 7-year bonds for$1.25 million. Seconded by Councilwoman Epperson. For: All,Against: None. F. Discussion/Action on Approval/Disapproval of certifying statement,which states compliance with Chapter 395,Local Government Code. Annual requirement, if not completed,the city will loose 10%of its collect impact fees. Councilwoman Duggar made the motion to approve certifying statement which states compliance r with Chapter 395,Local Government Code. Seconded by councilman Campbell. For: All, Against: None. 10. Comments A. City Staff Chuck Balcar stated that the Tejas contract should be received any day for Mayor Ruppert signature. Keith Gilbreath stated that the new zoning ordinance was almost complete. Mark Riffe stated that the police department has detected a leak in the roof. Is looking into getting fixed as soon as possible due to the leak being in the evidence room. B. City Council Councilman O'Brein stated that he would like to see future traffic studies done on street in Cibolo. Councilwoman Duggar requested information on the AACOG meeting with the air quality resolution. Mayor Ruppert stated that he did not get to present ordinance but Cibolo was the only city to vote no. Asked Keith Gilbreath to look into fence,that is torn and tattered on FM 1103 and Buffalo Trail. Councilman Williams stated that he felt during controversial items that the.council needed to act more professional towards each other. To remember that their job is to make the best decision for the city and not just the few that show up to the meetings. Councilwoman Epperson stated that they needed to eliminate the discussion between the council and the citizens. That once they had their three minutes to speak it should be council only to discuss the right decision. C. Mayor—None. 11. Adjournment Councilwoman Epperson made the motion to adjourn at 10:18 P.M. Seconded by Councilman Campbell. For: All,Against: None. PASSED AND APPORVED THIS 24TH DAY OF AUGUST 2002. L4111 Charles Ruppert Mayor ATTEST: Oulu lu J' oLnneaGriffin Secretary