Min CC 07/22/1997 MINUTES OF CITY COUNCIL MEETING
THE CITY COUNCIL OF CIBOLO CONDUCTED A REGULARLY SCHEDULED MEETING
ON TUESDAY,JULY 22,1997,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.
II. ROLL CALL.
Present were Mayor Bauder,and Councilmen Jeff Miller,and Bert Johnson„and Councilwoman Gail
Douglas.
Staff was represented by City Attorney Ron Flake,City Administrator Tom Newman,and Code
Compliance Officer Keith Gilbreath.
III. INVOCATION.
Tom Newman provided the invocation.
IV. PLEDGE OF ALLEGIANCE.
Mayor Bauder led the pledge.
V. CITIZENS TO BE HEARD. (LIMIT 3 MINUTES EACH)
Mr. Stephen Gagliano expressed his concern over the deterioration and unsafe condition of Dietz Road,
requesting the City to do whatever necessary to ensure the safety of citizens and prevent damage to their
vehicles.
VI. CONSENSUS ITEMS:
A.APPROVAL OF MINUTES OF JULY 8,1997
Jeff Miller motioned for approval. Seconded by Gail Douglas. Approved.
VII. DISCUSSION/ACTION ON OWNERSHIP OF DIETZ ROAD
Tom Newman stated he felt the meeting with County officials on Monday,July 21 was productive. The
questions raised by the County have all been answered,the City has submitted the evidence that the
County owns Dietz Rd.,and the County has provided no evidence that they do not own it. The City
proposed that the County rescind its order denying ownership,that the City and County split the out-of-
pocket cost of the project,and that the City utilize MPO funds already approved for the
repair/improvements in January 1999. Upon reaching an equitable agreement,the City will accept
conveyance of the road. The County stated it did not know if it could obtain commissioners'approval to
rescind the order,or to participate in the project,but it would explore the possibilities and budget options.
They said it might be possible to come up with$100,000 or$120,000. The City will be on the August 4
Commissioner's Court Agenda as an Action Item. Based on that encouragement,Tom Newman requested
Council to allow negotiation of the County's share down to$125,000 to show good faith and speed the
process. The alternative,should the County refuse to accept responsibility or participate,is for the City to
wash its hands of the road entirely. Further discussion by the Council and City Attorney clarified the
City's responsibility to its residents in expending City funds,and the County's obligation for maintaining
the road. Council agreed that it would accept 1/2 of the out-of-pocket cost and conveyance of the road
immediately,or,if the county keeps and maintains the road until the project starts,a cost adjustment
would be acceptable. However,any settlement should include bringing the road into a safe condition and
maintaining it until the MPO funds are let.
Gail Douglas motioned to allow Mr.Newman to negotiate those settlement terms. Jeff Miller seconded.
Approved.
VIII. DISCUSSION/ACTION ON THISTLE CREEK DRAINAGE PROJECT
Tom Newman explained that the Thistle Creek drainage was designed and the estimate prepared by the
developer's engineer,Mr. Sam Bledsoe and the$39,000 project cost had been placed in escrow for its
completion. However,the City's engineer,Mr.Ed Ford disagreed on the adequacy of the design,and
placed the cost of an adequate drainage at$81,000. Both engineers were present to explain their
positions.
Mr.Bledsoe stated that his plans and estimate were based on runoff prior to some of the construction,
which,therefore,was not taken into consideration. He stated that if a 40-foot easement could be gained
from the school,an unlined drainage could meet requirements,but he felt the builder's position would be
that he had met his obligation.
Mr.Ford stated that the developer's proposed drainage is inadequate due to the amount of runoff created
by area development. The.proposed natural surface would be eroded by the water flow unless it was
considerably wider. Acceptable design in the available 30-foot easement will require a concrete lining to
prevent the erosion,raising the cost to$81,000. He advised Council that even if the easement were
widened,the cost will still be about$60,000,but if Thistle Creek could do it cheaper,to take advantage of
that option.
Council discussed the developer covering the cost and using Thistle Creek drainage impact fees as options
for making up the difference. Council agreed to explore the easement options,before making a decision.
IX. DISCUSSION/ACTION ON WATER TANK REPAINT PROJECT
Council determined that the FY97 budget allocation was adequate for the project,but it would need to be
encumbered into the project period. The City will go out for bids after the summer high-usage period.
Engineer,Mr.Ed Ford,provided information on the scope of the project,recommending that it be
accomplished during the winter low-usage period.
X. COMMENTS BY COUNCIL MEMBERS
Bert Johnson observed that the City Park building was almost down;weeds were tall;and he had driven
on Haeckerville Road but had not noticed many pot-holes. Staff explained the demolition crew had
exceeded their contract,but were progressing quickly;the riding lawnmower was back in for repairs;and
it was the northbound lane of Haeckerville Rd.that was worst.
XI. COMMENTS BY STAFF
Tom Newman informed Council that the newly-hired Public Works employee proved unable to meet the
job requirements; City will seek a clerical worker with the skills to work into our bookkeeping position;
FEMA could provide some assistance with flood studies if needed; the City was temporarily storing
records and other items in a mini-storage unit; MPO water system grant is still pending; and the
indemnification agreement had been modified and is being reviewed. Staff has begun work on the FY98
budget; there has been a small decrease in GVEC rates and a large increase in EAA water rates; and we
are catching up on the mowing.
o '
Mr. Gilbreath informed Council of today's pre-construction meeting for Deer Creek Section 1,Phase 2.
XII. COMMENTS BY MAYOR
None.
XIII. ADJOURNMENT
Gail Douglas made the motion.
APPROVED AND ADOPTED ON THE 4F DAY OF Gi 11996.
HON SAM AUD YOR
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TEST:
THOMAS A.NEWMAN,CITY SECRETARY