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Min CC 02/12/2002 REGULAR CITY COUNCIL MEETING CIBOLO MUNICIPAL BUILDING 109 S.MAIN February 12, 2002 7:00 P.M. MINUTES 1. Call to Order—Mayor Charles Ruppert called the meeting to order at 7:00 P.M. 2. Roll Call—All members of City Council were present, Councilman Pat O'Brien showed up a few minutes late. 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) Justice of Peace,Precinct 3, Charles McDonald—Thanked council for giving him time to speak. Running for reelection for Precinct three,has been there for the last year and a half. He has been seeing the kids from the schools for various items and feels proud that he has not had many revisits from the juveniles. Has new ideas that would like to implement, if reelected. Normally gives a$500 fine, $200 in cash and the balance in community service. Would like the support of Cibolo. Kim Jones—Volunteers for the Cancer Center, community involvement/support. Stated that this summer there will be a"relay for life,"which will raise funds and awareness of cancer and research.Will bring flyers by when more information is available. Stated that they would need volunteers if anyone was interested. Jose A. Garza—Spoke during Item 7C. Stated that he was the father of a newborn and was concerned about the health effects of substances that are located behind his house. Concerned about hazardous materials,noise and pollution by Eagle Construction. Stated that his House shakes during the day when they drop their heavy items, and feels that this is effecting his everyday life. Nettie Guel- Spoke during item 7C. Stated that she would not be satisfied with Eagle Construction placing shrubs around their property,would like to see a cement fence. Expressed concern about the children that play in the containers that are on their property. The police have been called on several occasions. They have been in their home for the last 18 years and don't want to look at this junkyard. Stated that the noise was very bad. David Guel- Spoke during item 7C. Stated that he would like to see a 6-foot concrete fence so they wouldn't have to see into Eagle Construction yard. Stated that he was also concerned about them working on the weekend,when they first started this project they stated that they would only be working during the week. 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 January 22,2002 Minutes of the City Council Regular Meeting. B. Consideration of Check Register for January 2002. C. Consideration of SCUC School District using Cibolo City Hall as a polling place for the General Election of Trustees to be held May 4, 2002. Councilman Campbell made the motion to approve consent item Band C. Seconded by Councilwoman Epperson. For: all,Against: None. Consent agenda item A was pulled due to further discussion. Councilwoman Duggar made the motion to approve consent agenda item A with corrections. Seconded by Councilman Campbell. For: All, Against: None. 7. Presentations: A. Presentation by Armstrong and Vaughn on FY 2001 Annual Audit. Richard Crampe discussed the audit in detail, stated that it was an unqualified but clean opinion. Did not find anything misleading. There was $69,490 added to the Fund Balance in general Fund. Stated that he spoke to Chuck Balcar about moving park fund to the General Fund, so not to show a deficit every year. There was a net gain in Debt Service$17, 304. Water fund net income of$204,661 Two recommendations,general fund to pay water back$98,000 for prior year committed, can pay back in installment or just transferred$98,000. Also made recommendation to close the special revenue fund. Governmental financials are going to change, supplied Chuck Balcar with book which explains the GASB 34,this will have to be implemented by 2004. Thanked Chuck Balcar and Yvonne Griffin for help during audit. B. Presentation by Mr. Marcus Pridgeon, General Manager and CEO of GVEC, of the Annual Franchise payment to the City of Cibolo. Marcus Pridgeon, General Manager and CEO of GVEC, introduced Lewis Borgfeld, Robert Christmas, and Shawn Alvarez. Formal reason is to present franchise check for the 2001 year in the amount of $46,027.24. Councilman Jeff Campbell asked about current Internet services. He responded by saying it has been going well for the last three years. Mayor Ruppert thanked Marcus Prideion for Check. C.Presentation from Eagle Construction concerning the status of construction of their permanent fence and buildings and TNRCC inspection report. Eagle Construction was not present. Mayor Ruppert stated at 4:03 the city received a fax concerning the current status of Eagle Construction. This was brought up at the last meeting. Mayor Ruppert read letter from Eagle Construction,which stated that they were most pleased to announce that they would move into their new building in Aug 2002. That three foot shrubs will be planted among the north and south border to block the view of the yard,these plants will grow to about 12 feet. Mayor Ruppert let citizens speak at this time. Chuck Balcar stated that he spoke to them on several occasions about the fence and the junk. Since speaking to Eagle they have moved several truckloads of junk out. Councilman O'Brien stated that he also spoke to Eagle about the fence and he was told that there would be a concrete fence. Chuck Balcar briefed the Texas Natural Resource Conservation Commission (TNRCC) has made a visit to Eagle and found six violations, but none due to toxic material, and that he is currently waiting on the report from TNRCC. Mayor Ruppert stated that this would be a discussion item on the next P&Z agenda, February 19, 2002 and council, February 26th agenda. D.Presentation on meeting of Texas Department of Transportation concerning pending improvements to FM 1103 between FM 78 and IH35. Mayor Ruppert briefed that the city was well represented on the February 7t"meeting with the Texas Department of Transportation. There will be two 11 foot lane and a 3 foot shoulder. These will help with the construction of the new high school. The turning lane was also approved. Chuck Balcar stated that they were also going to try and change the grading of the road, and also requested a traffic study on Main Street and FM 1103. Stated that they were also going to look into the drainage problem on FM 1103. E.Presentation of Community Profile from Gordon Dunkley of the Randolph Metrocom Chamber of Commerce. Gordon Dunkley president of the Randolph Metrocom, presented the council with the new copy of community Profile. Stated that there were currently 320 members in the Randolph Metrocom. Currently looking for a new facility,they have already outgrown their current facility. 8. Discussion/Action Items A. Discussion/Action on Approval/Disapproval of acceptance of FY2001 Annual Audit. Mayor Ruppert briefed that the presentation was completed in item 7a. Stated that the year on page 55 needed Io be changed and the transfer in view of tax,water department needs to be shown as a negative. RichardWrampe stated that he would get the changes done immediately. Councilman O'Brien made the motion to approve the acceptance of FY2001 Annual Audit with noted changes. Seconded by councilwoman Duggar. For: All, Against: None. B. Discussion/Action on waiving park rental and associated fees for three days, with a value estimated of $1953.00,for the Cibolo Volunteer Fire Department Annual Sausage Supper, May 11,2002. Chuck Balcar stated that the fire department has always got the fees waived for their annual sausage supper. Mayor Ruppert stated that this should be remembered as a donation from the City. Councilman O'Brien made the motion to approve the waiving of park rental with the exception of the storeroom. Seconded by councilman Glisar For: All, Against: None. C.Discussion/Action on an order creating a reimbursement agreement in the"Springtree Sewer Shed" between Springtree, L.P. and Centex Homes and the City of Cibolo and authorizing the City of Cibolo to collect a"pro-rata"reimbursement of$231.47 at the time of"issuance of building permit" from Centex Homes and its successors and directing the City Treasurer to distribute.monthly reimbursements to Springtree, L.P for a period not to exceed seven years, dated retroactively to January 1,2002. Chuck Balcar stated that he had just received the agreement from the attorney right before the meeting, this is the reason it was not available for council review. Briefed that this requirement is similar to the agreement with the City of Schertz and Centex for Sewer The city would collect a fee per permit of $231.47 and monthly write a check to Springtree,Norman Duggas, Centex in turn would help the city when the need is there. Centex has already given the city a donation of$502.00 for the ADA ramp at the Modular Office. Attorney wants to change one word. Councilman Campbell made the motion to approve the order creating a reimbursement agreement in the"Springtree Sewer Shed"between Springtree, L.P and Centex Homes and the City of Cibolo and authorizing the City of Cibolo to collect a"pro-rata"reimbursement of$231.47 at the time of"issuance of building permit" Seconded by Councilman Glisar. For: All, Against: None. D. Discussion/Action on setting a date and time for a joint meeting with City of Schertz/Cibolo City Council. Chuck Balcar stated that at the last joint meeting they had agreed to meet again before the ground breaking of the Playscape project. After discussion of dates councilwoman Duggar made the motion to y set the Primary date of March 7, 2002 and an Alternate date of March 11, 2002 for the second joint City of Schertz/Cibolo council meeting. Seconded by Councilman Campbell. For: All,Against: None. E. Discussion/Action on hearing"Petition for Annexation"from Mr. Larry Akin for the 11.37 Acre tract described as being 11.37 Acres situated in the James Jones Survey,Abstract No. 194, Guadalupe County, Cibolo Texas, also know as the Van Horn Property, and setting two public hearings on Annexation and Zoning for the tract. Chuck Balcar stated the city had not received the petition from the current owner requesting annexation. Councilwoman Duggar made the motion to table item till the current owner has filed the petition. Seconded by Councilman O'Brien. For: All,Against: None. F. Discussion/Action on hearing "Petition for Annexation" from Mr. Larry Akin and Fritz Schlather for the 72.85 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 72.85 acres being in the James Jones Survey, Abstract No. 194, Guadalupe County, Cibolo Texas, also know as the Orth Tract,and setting two public hearings on Annexation and Zoning for the tract. Chuck Balcar stated the city has not received the petition from the current owner requesting annexation. Councilman Campbell made the motion to table item till the current owner has filed the petition. Seconded by Councilwoman Epperson. For: All, Against: None 9. Resolutions A. Resolution of participation and providing$1,200 in matching funds or in-kind services for a technology-related grant in partnership with the Schertz-Cibolo-Universal City Independent School District. Mayor Ruppert stated that the matching funds of$1200 was Cibolo's share of the project. This would provide the city with four computer and accessories to be used by the citizens. Councilman O'Brien made the motion to approve the resolution of participation and providing$1200 in matching funds or in- kind services for the technology-related grant. Seconded by Councilman Campbell. For: All, Against: None. B. Resolution to appoint one member as Cibolo representative on CRWA Board of Managers. Mayor Ruppert stated that the current representative is Chuck Balcar who has expressed the desire to continue as the city's representative. Councilman O'Brien made the motion to reappoint Chuck Balcar to the CRWA board of Mangers. Seconded by councilman Glisar. For: All, Against: None. C.Resolution to appoint one members to a two-year term as a Cibolo representative on CRWA Board of Trustees. Chuck Balcar stated the Eddie Williams, Plammng and Zoning commissioner, is the current representative and has expressed the desire to continue as the city's representative. Councilman Campbell made the motion to reappoint Eddie Williams to the two year term as a representative on the CRWA Board of Trustees. 10. Comments A. City Staff Chuck Balcar—Stated that he provided two proposals for the baseball lights as requested. 1S -Stated that there was a government technology conference in Austin Feb 14— 16 for anyone interested. B. City Council -Councilman O'Brien stated that there are several different stories from Eagle construction concerning the fence and bushes, requested to get them at the next meeting for a status. -Councilwoman Duggar stated that she would like the city to take a look at doing a beautification project in the Cibolo downtown area. This would have an effect on developer,proposed business and the homeowners. Requested more information concerning recycling program. -Councilwoman Epperson stated that she would be interested in getting a copy of the TRNCC report when it is received. C. Mayor—None. 11 Adj ournment Councilman Glisar made the motion to adjourn at 8:47 P.M. Seconded by councilman Campbell. For: All, Against: None. PASSED AND APPROVED THIS DAY OF FEBRUARY 2002. 4d4i� Charles Ruppert Mayor ATTEST: i vonne Griffin ity Secretary