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Min CC 05/07/2002 REGULAR CITY COUNCIL MEETING CIBOLO MUNICIPAL BUILDING 109 S.MAIN May 7,2002 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—Councilman Bob Glisar gave the invocation. 4. Pledge of Allegiance—Mayor Ruppert led the Pledge of Allegiance. 5. Citizens to be Heard(limit to 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 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 April 23, 2002 Minutes of the City Council Public Hearing. B. Consideration and Approval of April 23, 2002 Minutes of the Regular Council Meeting. C. Consideration and Approval of Check Register for April 2002. Councilman O'Brien made the motion to approve the consent agenda items. Seconded by Councilwoman Epperson. For: All, Against: None. 7. Presentation Presentation to Bob Glisar for service as a Councilmember. Mayor Ruppert presented a plaque for 8 years of council service to Councilman Glisar. Councilman Glisar stated that the city, city staff and council were great. Thanked everyone. 8. Election Certification/Canvassing of the May 4h Election. Mayor Ruppert stated that the results were: Place 1 Eddie Willams 130 votes Ann Almond 55 votes Place 4 Jeff Campbell 96 votes Carolyn Tauzin 96 votes Place 5 Pat O'Brien 107 votes Dick Hetzel 77 votes Councilman Glisar made the motion to certify the May 4, 2002 election. Seconded by Councilman Carolyn Epperson. For: All,Against: None. 9. Executive Session A. Executive Session Pursuant to Texas Government Code § 551.072 Real Estate; §551.071 Consultation with City Attorney about legal issues related to drainage from The Ridge of Deer Creek Subdivision. Councilman O'Brien made the motion to postpone executive item until required. Seconded by Councilwoman Duggar. For: All, Against: None B. Executive Session Pursuant to section 551.074,Personnel of the Texas Government Code to discuss City Administrator contract renewal. Councilwoman Duggar made the motion to postpone until after item 13. Seconded by Councilman Campbell. For: All, Against: None. Council went into executive session at 8:04 P.M. 10. Discussion/Action on Executive Session Items (Open Session) A. Discussion/Action on executive Session with City Attorney regarding The Ridge of Deer Creek Subdivision drainage issue. Mayor Ruppert read letter from Perry Blanton,which stated that he and Lewis Borgfeld have met on several occasions to discuss this drainage issue. The easement has also been received from Lewis Borgfeld. The easement will be temporary until the land is subdivided then alternate drainage will have to be completed and approved by the city. Councilwoman Duggar made the motion to table item till the May 28, 2002 meeting. Seconded by Councilman Campbell. For: All, Against: None. B. Discussion/Action on executive session for City Administrator's Contract. Council reconvened into open session at 8:30 P.M. Councilman Glisar made the motion to approve Chuck Balcar's contract. Seconded Councilwoman Epperson. For: All, Against: None. 11. Resolution A. Consideration of Approval/Disapproval of a Resolution to call for a Public Hearing on Re- Zoning of 17.42 (from R-1 to R-3)acre tract of land situated in the B. Cannon survey, Abstract No. 95,Guadalupe County,Texas,being out of a 228.5 acre tract as recorded in Volume 1258, Page 343, Official Public Records of Guadalupe County,Texas. Chuck Balcar stated that the 49.21 acres,the larger part of the Dean Tract,was annexed at the last meeting. Rick Pierce stated that the 17.42 acres that were already in the city and just need to be zoned to R-3. The public hearings will be held June 11 and June 25 at 6:45 P.M. Councilman Pat O'Brien made the motion to approve the public hearing's dates as listed in resolution. Seconded by Councilwoman Epperson. For: All, Against: None. B. Consideration of Approval/Disapproval of a Resolution to call for a Public Hearing on Land Use Assumption Capital Improvement Plan. The public hearings will be held June 11th and 25th at 6:30 P.M. Councilwoman Duggar made the motion to approve the calling for public hearings at scheduled times. Seconded by Councilman Campbell. For: All,Against: None. 12. Ordinances A. Approval/Disapproval of ordinance for the annexation for the Miller Tract,being 10.13 Acres situated in the James Jones Survey,Abstract No. 194,Guadalupe County, Cibolo Texas. (Approved April 23,2002) Mayor Ruppert stated that this is the official ordinance for the annexation that was approved on April 23, 2002. Councilman O'Brien made the motion to approve the ordinance. Seconded by Councilwoman Duggar. For: All, Against: None. B. Approval/Disapproval of ordinance for the annexation Schlather/Mueller Tracts,being 77.99 acres of land out of an original 82.380 acre tract as recorded in Volume 1117, page 70, deed records Guadalupe County,Texas and all 77.99 acres being in the James Jones Survey, abstract No. 194,Guadalupe County, Cibolo, Texas. (Approved April 23, 2002) Councilman O'Brien made the motion to approve the ordinance. Seconded by Councilman Glisar. For: All,Against: None. C. Approval/Disapproval of ordinance for the annexation for the Johnston Tract being 5.00 acres of land known as lot 10, of the Green Valley Estates Subdivision, of Guadalupe County, Texas,situated in the James Jones Survey, Abs.,No. 194, Guadalupe County, Cibolo, Texas. (April 23, 2002) Councilman O'Brien made the motion to approve the ordinance. Seconded by Councilwoman Epperson. For: All, Against: None. 13. Discussion/Action A. Discussion/Action on Approval/Disapproval of Northcliffe H Subdivision Unit 1A final Plat (access right-of-way only)and maintenance agreement with developer. Chuck Balcar stated that Schertz had agreed to the maintenance agreement then pulled out at the last minute, no reason. Paul Dennum stated that the Developer agreed to put a 30-month warranty on the road after the completion of project. Also when constructing the road they will go above the city requirements by over excavating it. Planning and Zoning approved but they didn't have the correct information. Chuck Balcar commented that we could let Schertz Annex this property and take road, but this is a prime location for a business. Councilwoman Duggar stated that she had fixed feelings about the tax payers paying for this road when they do not currently use it,but does not want to give it up because of future use and development. Councilwoman Duggar made the motion to approve the Northcliffe II Subdivision Unit IA Final Plat(access right-of-way only)and maintenance agreement with developer. Seconded by Councilman Campbell. For: All, Against: None. p B. Discussion/Action on Approval/Disapproval of zoning classification of the Springtree Subdivision. Chuck Balcar stated that this property would need to be zoned R-2 due to the lot size of 60'X 100'. This is to correct an oversight from 1999. Councilwoman Epperson made the motion to approve R-2 classification. Seconded by Councilwoman Duggar. For: All, Against: None. C. Discussion/Action on Approval/Disapproval of zoning classification of the Meditz Tract. C-1 Zoning has been requested, public hearings have been completed. Councilwoman Duggar made the motion to approve C-1 Classification. Seconded by Councilman O'Brien. For: All,Against: None. D. Discussion/Action on Approval/Disapproval on authorizing the Police Department to apply for a Federal Grant(COPS)to fund the hiring of two additional police officers. The grant falls under the Universal Hiring Program 2002. Priority consideration deadline is May 24, 2002 with a secondary consideration deadline of June 21, 2002. Mark Riffe stated that the federal government has made funding available for grants. This would include$75,000 for a three-year period to include the agreement of keeping the funded slot for one additional year after the end of grant funding. The matching part that the city would be required for is 25%,to include salary and all benefits. The first cut off period for applications it May 24, 2002, application is about 90%completed at this time. Councilman O'Brien made the motion to approve the grant application. Seconded by Councilwoman Duggar. For: All, Against: None. E. Discussion/Action on Approval/Disapproval of R-3 Zoning of the 49.21 acres of land situated in the B. Cannon Survey, Abstract No. 95, Guadalupe County, Texas, being out of a 228.5 acre tract as recorded in Volume 1258,Page 343, Official Public Records of Guadalupe County, Texas. Rick Pierce stated that he is requesting R-3 zoning,the masterplan has already been approved. Also stated that in Phase I there were concerns on some of the property lots,those have since been corrected. Councilman Campbell made the motion to approve the R-3 zoning of the 49.21 acres. Seconded by Councilman O'Brien. For: All,Against: None. F. Discussion/Action on Approval/Disapproval of the water certificate of service availability for Chesley Swan Subdivision. Chuck Balcar stated that at the last meeting the council approved the sewer availability but could not approve the water certificate until the CRWA meeting,to ensure the water would be here in time. Councilman Glisar made the motion to approve the water certificate of service availability for the Chesley Swan Subdivision. Seconded by Councilwoman Duggar. For: All, Against: None. G (EMERGENCY AGENDA ITEM)Discussion/Action on calling for a run-off election for Place 4. Councilman O'Brien made the motion to approve the run-off election with a date of June 1st. Seconded by Councilwoman Duggar. For: All, Against: None. 14. Discussion Only Discussion of new personnel policy. Chuck Balcar stated that he was looking for direction on what to do next with this policy. Could do a special meeting. No action was taken. Back to Executive Session, item 9 & 10 B. 15. Comments A. City Staff Chuck Balcar -Thanked everyone for the contract. Stated that there was a planning workshop with AACOG on May 20, 2002. On Thursday there would be a presentation from the Honor Science class on the environment study they did for the park grant. Mark Riffe-Gave an update on the warrant program. During March 32 warrants were served in the amount of$7205.25 and in April there were 31 warrants served in the amount of$6309.75. This brings the total to 481 warrants served in the amount of$96,295.25. Keith Gilbreath- Stated that there were 116 houses under construction. B. City Council Councilwoman Duggar-Thanked Councilman Glisar for all the years served. Councilwoman Epperson- Stated that she appreciated all the work Councilman Glisar has done over the years and wished him the best of luck. Councilman Glisar-Stated that it has been a pleasure to work with the city and a great staff. C. Mayor Mayor Ruppert stated that he would be giving five one-hour presentations at Dobie Jr.High on the Civil War. 16. Adjournment Councilman Glisar made the motion to adjourn at 8:43 P.M. Seconded by Councilman Campbell. For: All, Against: None. N4AR v4r Charles Ruppert Mayor ATTEST: vonne ri in City Secretary