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Min CC 01/13/1998 s MINUTES OF CITY COUNCIL MEETING THE CITY COUNCIL OF CIBOLO CONDUCTED A REGULARLY SCHEDULED MEETING ON TUESDAY,JANUARY 13,1998 AT 7:00 P.M.AT THE MUNICIPAL BUILDING,109 SOUTH MAIN STREET,CIBOLO,TEXAS.THE FOLLOWING WAS THE ORDER OF BUSINESS: I. CALL TO ORDER. Mayor Sam Bauder called the meeting to order at 7:00 P.M. H. ROLL CALL. Present were Mayor Bauder,and Council members Jeff Miller,Bob Glisar,Chuck Ridge,and Gail Douglas. Bert Johnson was absent. Staff was represented by City Attorney Ron Flake,City Administrator Tom Newman,and Code Compliance. Officer Keith Gilbreath. III. INVOCATION. Bob Glisar provided the invocation. IV. PLEDGE OF ALLEGIANCE. Mayor Bauder led the pledge. V. CITIZENS TO BE HEARD. (LIMIT 3 MINUTES EACH) Mr.Lewis Borgfeld addressed the Council regarding rural subdivisions. He expressed his opinion that the three minutes provided at the beginning of meetings is not an adequate forum for citizens to be heard. He asked if there would be a workshop or other opportunity for dialog with the citizens. There followed a brief discussion of how that might be done. VI. CONSENSUS ITEMS: A.APPROVAL OF MINUTES OF DECEMBER 9,1997 Jeff Miller motioned for approval of the minutes;seconded by Bob Glisar. Approved. B.APPROVAL OF CHECK REGISTER FOR DECEMBER,1997 Chuck Ridge motioned for approval of the check register;Gail Douglas seconded. Approved. VII. DISCUSSION/ACTION ON CLASS ACTION REGARDING POLYBUTYLENE LINES City Atty.,Ron Flake clarified that it is not a class action. It is an individual lawsuit by the City of Cibolo against Shell Oil for damages and future damages due to the inferior polybutylene water lines sold to the City. The attorneys' contingency contract,for one-third the proceeds of a settlement,40%if it goes to trial, or 50%of the proceeds for a trial appeal,was presented to Council. Bob Glisar motioned to approve the representation contract for the lawsuit against Shell OR as presented. Chuck Ridge seconded. Approved. VIII. DISCUSSION/ACTION ON SCHERTZ/CIBOLO SEWER LINE REPAIR Tom Newman reported on his meeting with Schertz City Manager,Kerry Sweatt. Schertz maintains that Cibolo owes all money billed. Cibolo has the options of paying nothing more,paying everything billed,or paying what we feel is rightly owed,and seeking a more reasonable solution. Gail Douglas inquired why this has gone on for ten years. Tom Newman explained that,after paying what Cibolo felt was owed,the initial disagreements became mired in arguments about the charges;and was finally dismissed as unwarranted. Subsequent City Administrators each received bills,but took no action on them until now. Bob Glisar motioned to send letter,and pay the additional money owed;Chuck Ridge seconded. Approved with Gail Douglas abstaining. Ix. DISCUSSION ON GUADALUPE COUNTY APPRAISAL DISTRICT ELECTION Council was presented a report on the election results and vote tallies form the Guadalupe County Appraisal District Election. X. DISCUSSION/ACTION ON DR.MARTIN LUTHER KING DAY NATIONAL HOLIDAY The City Administrator recommended observing the holiday along with the rest of the municipalities in the area. Bob Glisar moved to close City offices in observation of the Dr.Martin Luther King,Jr.Holiday,and add it to the list of official holidays observed by the City. Gail Douglas seconded. Approved. XI. DISCUSSION/ACTION ON CITY ADMINISTRATOR EVALUATION Tom Newman presented Council with information relating to his contract and performance to date. The evaluation will take place in Executive Session at the next Council meeting. He also requested to be notified of any other information or materials the Council might need for the Executive Session. XII. COMMENTS BY COUNCIL MEMBERS 1. Gail Douglas expressed her desire to use workshops in Council's decision-making process,as time and meeting law inhibit opportunities to work through issues. A lengthy discussion followed on what a workshop should be,and how to implement with only two meetings per month. 2. Bob Glisar reported that the Canyon Regional Water Authority Board Meeting,on 1/12/98,voted for Route 6 for the CRWA extension. It will come through and deliver water directly to Cibolo. Council discussed ways to maintain continuity and effectiveness with changing representatives. 3. Jeff Miller inquired on the status of the City's spring clean-up and trash collection in February. Tom Newman said he would find out and get it rolling. Mr.Miller also expressed his disapproval of rural subdivisions,and mentioned that some properties are grown over and need to be cleaned up. XIII. COMMENTS BY STAFF 1. The City Administrator reported on recent personnel training. Ron Flake is working on the Resolution for the agreement with Guadalupe County on Dietz Rd.. Tom Newman informed Council that EAA has notified the City that we will not be granted a permit,and has also sent a bill for$3584.85 for 1998. The City currently seems to fall between EAA definitions that would allow Cibolo to use its well. He also reported receiving an inquiry by an attorney representing Mr.Mark Vaughan seeking reconsideration of the variance disapproved on September 23, 1997,and that he had answered through the City Attorney. Finally, he notified Council that the FY86-97 audit is completed. He and the Treasurer will meet with the auditor on the results and will report back to Council. 2. Keith Gilbreath reported 40 houses under construction,a commercial expansion,the conversion of Dobie School to a Jr.High School,and completion of the fire repairs at Dobie School. There are three new builders:Japhet,Flair,and Destiny. Pending the engineers review,he expects to disapprove the Thistle Creek street repair proposal. Bid process for the water tank repair is underway. A new section plat is expected from Deer Creek. The Deer Creek park land was recorded on December 8, 1997. �f XIV. COMMENTS BY MAYOR None. XV. ADJOURNMENT Bob Glisar made the motion.at 8:29 P.M.. APPROVED AND ADOPTED ON THE��AY OF �� 1998. HONORABLE SAM BAUDER,MAYOR ATTEST: THOMAS A.NEWMAN,CITY SECRETARY