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Min CC 02/26/2002 r-r REGULAR CITY COUNCIL MEETING CIBOLO MUNICIPAL BUILDING 109 S.MAIN February 26, 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 Glisar led the invocation. 4. Pledge of Alle ig_ance—Mayor Ruppert led the Pledge of Allegiance. 5. Citizens to be Heard(limit to three minutes each) Donald Schraub—Thanked the Council for giving him the time to speak, stated that he was running for County Judge. Stated that he understands the value of a dollar and would offer the citizens a new beginning. Has lived in this county since 1963, and feels that he knows the area. Dan Buie—Stated that he was running for County Republican Party Chairman. Has lived in the area since 1945. Passed out mailers to Council members,and stated that he had many endorsement. Donna&Robert Johnson—Spoke during item 9D. Donna Johnson started by showing photos to the council and stating that these were the before and after picture of the land behind their home. Eagle Construction is located behind their home. Stated that she had three small boys and was worried about their safety. Feels betrayed that this was allowed to happen in her backyard, and wished she would have gotten more involved when the project was first started. Stated that she would like to see a barrier fence between herself and Eagle Construction. 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 February 12,2002 Minutes of the City Council Regular Meeting. B. Consideration of 1st Quarterly Budget/Investment Report FY2002. Councilwoman Cathy Duggar made the motion to approve the consent agenda items. Seconded by Councilman Jeff Campbell. For: All, Against: None. 7. Discussion Discussion with Rudy Klein on current city projects to include but not limited to capital improvement plan,updating city maps,plats of city property, etc. Rudy Klein briefed council that he has met with the capital improvement committee over the last couple of months,will be coming up with a draft very'soon. He is currently working on updating the city maps,has new software which will help him with developing maps with sewer,water,and roads for the next ten years. Stated that he met with Don McCrary concerning the Ridge of Deer Creek projection of flooding and draining on sunflower. Stated that they are devising a plan to give up an end plot to install a flow channel which will help with the problem. ry Y= 8. Resolutions Discussion/Action on hearing "Petition for Annexation" from Mr. Robert Dean for the 49.21 acres of land situated in the B. Cannon Survey, Abstract No. 95, Gudalupe County,Texas,being out of a 228.5 acre tract as recorded in Volume 1258,Page 343 Official Public Records of Guadalupe County, Texas, also known as the Dean Tract,and setting date for two public hearings on Annexation and Zoning for the Tract. Councilman Bob Glisar made the motion to set the public hearings for March 12 and March 26,2002 at 6:45 P.M. at City Hall for the Annexation and Zoning for Mr. Robert Dean 49.21 acres Seconded by Councilwoman Carolyn Epperson. For: All,Against: None. 9. Discussion/Action Items A. Discussion/Action on directing staff to start advertising for bids for street construction. Rudy Klein stated that the total estimated cost of road construction is $373,827.28, drainage$163,019.84, engineering$44859.88 and contingency is $37382,for the total of$619,089.00. Some streets will be complete with one sealcoat while some will require two sealcoats. There are two streets that will require completed reconstruction,which include Sipple and Weiderstein. Also briefed that north of railroad track will require more drainage corrections. Mayor Ruppert asked if this included ribbon curbing,Rudy Klein stated that the estimate did not. The cost per linear foot for ribbon curbing would be an estimate$5.50 per linear foot,about $25,000 per mile of street,but would benefit the life of a street. Rudy Klein stated that he would have the bid packages ready by the March 26,2002 council meeting. Councilman Jeff Campbell made the motion to approve directing staff and Rudy Klein to get street packages ready by the March 26,2002 meeting. Seconded by Councilwoman Duggar. For: All, Against: None. B. Discussion/Action on Approval/Disapproval of a final plat for Falcon Ridge Unit 3 Keith Gilbreath stated that this is the same plat as before, still requires the engineer approval and street name approval from 911. Planning and Zoning recommended approval. Councilman Glisar made the motion to approve the final plat for Falcon Ridge Unite 3 with the contingency of engineer approval and 911 approval. Seconded by Councilwoman Duggar. For: All, Against: None. C. Discussion/Action on Approval/Disapproval of a final plat for Falcon Ridge Unit 4. Keith Gilbreath stated that this is the same plat as before, still requires the engineer approval and street name approval from 911. Planning and Zoning recommended approval. Councilman Pat O'Brien made the motion to approve the final plat for Falcon Ridge Unite 3 with the contingency of engineer approval and 911 approval. Seconded by Councilman Campbell. For: All, Against: None. D. Discussion/Action on Approval/Disapproval of a request to allow Eagle Construction to satisfy screening requirements of C-1 zoning by planting three-foot tall shrubs known as Nellie B. Stevens. Report on Texas Natural Resource Conversation Commission(TNRCC)result from Eagle Constructions inspection and direct staff on action to take. Mayor Ruppert started by informing council that this was reviewed by Planning and Zoning and recommended disapproval of the shrubs and suggests a masonry fence. Also stated that Eagle Construction has cleared the area for the start of the fence but there is still no signs of equipment or material. Keith Gilbreth stated that Eagle Construction has already pulled the permit for the fence which will consist of 22 gauge steel panels with metal post. Chuck Balcar briefed that the noise that citizens have been complaining about is from the workers working overtime to get the scrape material removed from the property Councilwoman Duggar inquired about the promises that Eagle construction made during his presentations during previous council meetings Chuck Balcar commented that they can not be held liable because they were not made part of the motion that was _h ,i- approved. A recommendation was made to have Code Enforcement make recommendations to amend the Zoning ordinance, particular page 14. After discussion several motions were made. Motion 1, Councilman Campbell made the motion to disapprove the 3-foot shrubs being used as screening around Eagle Construction. Seconded by Councilwoman Epperson. For: All, Against. None. Motion 2, Councilman Glisar made the motion to direct staff to send certified letter to Eagle Construction, effective February 27,2002,to begin fencing property per Zoning Ordinance to be completed within 30 calendar days. Seconded by Councilman O'Brien. For: All, Against: None. Motion 3, Council O'Brien made the motion to direct staff to send another certified letter to Eagle Construction, effective February 27, 2002,to comply with zoning ordinance on outside storage within 10 calendar days. Seconded by Councilman Glisar. For: All,Against: None Motion 4, Councilwoman Duggar made the motion to direct City Administrator to send original letter to Guadalupe County Appraisal District to verify property evaluation of Eagle Construction. Seconded by Councilman Campbell. For: All, Against: None. Motion 5, Councilwoman Duggar made the motion directing staff to get with City Attorney to explore any and all remedies with Eagle Construction. Seconded by Councilman Campbell. For: All, Against: None. 10. Comments A. City Staff— Chief Mark Riffle— Stated that the Comptroller has sent their annual check in the amount of$1315.81 this is to be used for education. Total amount in the account is over$8,000.00 as January 31, 2002. -Briefed status of warrant as of the end of January, served 45 warrants with a value of$10,084.50, with a total of 348 warrants served since August 2001 with a total value of$75,190.25 Chuck Balcar—Stated that last Friday, attended a City Manager Meeting and found out that becoming a plumbing inspector is getting harder to achieve. It will take our two new inspectors approximately 3 —4 months to get the required amount of hours -Briefed that he would know about the exact date and time of the Cibolo/Schertz Joint Meeting after their meeting tomorrow night. Some of the items currently looking at for the agenda are,FM1103 construction, Sewer interlocal agreement,Northcliff, Playscape,Borgfeld and Weiderstein Project and other items. B. City Council-None C. Mayor-None 11. Adjournment—Councilman Glisar made the motion to adjourn at 8:29 P.M. Seconded by Councilman Campbell. For: All, Against: None. PASSED AND APPROVED THIS 12TH DAY OF MARCH 2002. Charles Ruppert Mayor ATTEST: vonne riffin ity Secretary