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Min CC 10/26/2004 1 I REGULAR CITY COUNCIL MEETING CIBOLO MUNICIPAL BUILDING 200 S.MAIN October 26,2004 7:00 P.M. MINUTES 1. Call to Order—Mayor Ruppert called the meeting to order at 7:39 P.M. 2. Roll Call—All members of council were present. 3. Invocation—Councilman Campbell gave the invocation. 4. Pledge of Alle ig gage—Mayor Ruppert led the Pledge of Allegiance. 5. Citizens to be Heard-This is the opportunity for visitors and guests to address the City Council on any issue. City Council may not discuss any non-agenda issue, nor may any action be taken on any non-agenda issue at this time. (Attorney General Opinion—JC-0169) (Limit of three minutes each) Donna Johnson spoke about the drainage on Town Creek Road. It took 20 minutes for the road to flood enough to get on her back porch. She stated that houses need to quit being'None. 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 so requests,in which case the item will be removed from the consent agenda and will be considered as part of the order of business.) A. Approval of the Minutes of the City Council Meeting on September 28,2004. B. Approval of the Minutes of the City Council Meeting on October 12,2004. C. Approval of the Minutes of the City Council Public Hearing on October 12,2004. D. Approval of the Minutes of the Special City Council Meeting on October 21,2004. E. Approval of the resignation of Gary Kelly from the Planning and Zoning Commission. 7. Consent Ap-enda—Builder Items Approval/Disapproval of Final Plat for The Estates at Deer Creek,Unit 3.(Planning and Zoning recommended approval) Councilman Sutton made the motion to approve the final plat for The Estates at Deer Creek,Unit 3. Seconded by Councilman Campbell. For:All,Against: None. 8. Proclamation Presentation of proclamation officially designating November 8 to November 13,2004 as Texas Employer Support of the Guard and Reserve Week. Mayor Ruppert presented Jesse Quisenberry and Bill Manning with the proclamation. 9. Discussion/Action(General) A. Approval/Disapproval on a variance request for 213 Fawn Ridge,by the city,due to exceeding lot coverage by 14 square feet at completion of construction. (Planning and Zoning recommended approval) Councilman Sutton made the motion to approve the variance request. Seconded by Councilwoman Gray. For:All,Against: None. B. Approval/Disapproval of a variance request on 40%lot coverage for patio cover. (Planning and Zoning recommended approval) Councilman Sutton made the motion to approve the variance request. Seconded by Councilwoman Hartman. For:All,Against: None. C. Approval/Disapproval on purchase of a dump truck for the Public Works Department. Joseph Schulle went over the dump truck with the council. It has a 6 month warranty and all minor items that were found during the inspection have been repaired/replaced. Councilman Sutton made the motion to approve the purchase of the dump truck. Seconded by Councilman Campbell. For:All,Against: None. D. Approval/Disapproval of a contract with the Cibolo Volunteer Fire Department. (Tabled from October 12,2004 Meeting) Todd Parton went over the changes in the contract to include the fire hydrant maintenance program, having two personnel on duty in the city at all times and a third at their discretion and the increase of funding. Councilman Troncoso made the motion to approve the fire contract. Seconded by Councilman Campbell. For:All,Against: None. E. Approval/Disapproval on project close out to include retainage pay out, proposed change orders, completion of work and the payment to Struthoff Company for the up charger of lumber in the amount of $6,050.00.(Tabled from October 12,2004 Meeting) Councilman Sutton stated that there was a meeting today with all parties regarding this up-charge of lumber. He went over the contract with council and how the timeframe would worked out with the purchasing of the lumber. He feels that the city took 21 days away from the contractor between the bid opening and award bidding but also feels that the city should not take all responsibility and that it should be shared. He would recommend splitting this up-charge in half with them. The building came in$14,000 under budget and was done on a timely basis. Todd Parton gave council additional information on the timeframe. He also stated that he feels that sharing the up-charge is the best solution. Councilman Troncoso asked about Rudy Klein's suggestion, that at the last meeting of recommending this payment. Councilman Sutton stated that Rudy Klein's suggestion was before all parties were gathered to go over the timeframe. Rudy Klein stated that contractual council doesn't own them anything but for good faith it would be different. There was discussion about the 50/50 payment. There was further discussion at the meeting concerning outstanding items that need to be completed. Some of the items included the grading of the site, the sprinkler turn off/on valve not being completely covered at ground level, the rolling of the grass and the air condition in the computer/telephone room. Todd Parton stated that the other item is the backfill to the sidewalks and what could be done about it. Currently we are looking at the contract and how this is going to be taken care of. Rudy Klein stated that the main problem is the fact that the sprinkler heads have all been set with the current ground. There was discussion about holding some of the payout till some kind of agreement can be agreed on. Councilman Sutton made the motion to direct staff to work with closing out the contract and to split 50/50 the up-charge cost contingent upon the satisfactory resolution of the list of items, seconded by Councilwoman Hartman. For:All with the exception of Councilman Troncoo going against. F. Approval/Disapproval of the appointment to the Planning and Zoning Board to fill existing vacancy. Councilman Campbell made the motion to table this item, seconded by Councilman Sutton. For: All, Against:None. G. Approval/Disapproval on directing City Manager to begin negotiating a contract with Espey Consultants to develop building design standards for the city. Councilwoman Gray stated that the funds are in the budget and Chris Espey has agreed to help with this program. Council provided with some copies of ideas of building standards. Councilman Campbell stated that he knows a resident that is an architect who has volunteered to do this. Councilwoman Gray made the motion to table item, seconded by Councilwoman Hartman. For:All,Against:None. H. Approval/Disapproval of initiating the update to the Capital Improvement Plan. Mayor Ruppert stated that it is time to start the review for the Capital Improvement Plan. Rudy Klein stated that he would like to recommend waiting till the Masterplan is complete. Todd Parton asked about the membership of the committee. Recommended the council to direct staff to get information gathered and be ready to start these meetings when ready and confirm the members of the committee. Councilwoman Gray made the motion to direct Planning and Zoning to start getting the information and membership to start the CIP,seconded by Councilwoman Hartman. For: All,Against:None. I. Approval/Disapproval regarding direction and priorities to the Planning&Zoning and Parks Commissions. Councilman Sutton spoke concerning the commissions and their direction. Gave an example of giving direction to planning and zoning to complete a task and never give them a time frame to complete this task. Believes that more needs to come out of the Planning & Zoning and Parks Commission and that council needs to give more direction towards this. He also stated that there needs to be a policy for the commissions to follow before they become members. Todd Parton was asked if he had seen any policies regarding this. Todd Parton stated the charter states that the commission would come up with their policies,their goals and their reports to council with their recommendation. Mayor Ruppert went over the zoning ordinance that talks about the Planning and Zoning. There was discussion concerning an individual on the Planning and Zoning Commission. Councilwoman Hartman stated that they need to bring this problem to council as a whole. Councilman Sutton made the motion to table, seconded by Councilman Troncoso. For:All with the exception of Councilwoman Gray going against. J. Approval/Disapproval of a change request for ASC Paving for additional drainage work. Rudy Klein stated that this is a change request for ASC Paving for additional work on Deer Creek crossing for the cost of$85,891. This cost does not include the pipe lining, which would be an additional cost. Recommendation would be to approve the change request. This change would bring the entire contract cost to $479,566. It would also request extending the contract completion time by 30 days. There was discussion about the drainage project in this contract and also obtaining the easement from the Cranes property. Councilman Troncoso made the motion to approve the change request and to direct the city engineer to see what can be done with the Crane property,seconded by Councilman Campbell. For:All,Against:None. 10. Resolutions Approval/Disapproval of appointing a Member to the Board of Managers for CRWA to replace Chuck Balcar. Councilman Sutton made the motion to appoint the City Manager to the Board of Managers for CRWA,seconded by Councilwoman Hartman. For:all,Against:None. 11. Ordinance A. Approval/Disapproval of a Park Ordinance establishing the new fees approved at theOctober2004council meeting. Councilwoman Hartman made the motion to approve,seconded by Councilman Troncoso. For:All,Against: None. B. Approval/Disapproval of an ordinance to amend ordinance#615 adjusting the basic residential water rate. Councilwoman Hartman made the motion to approve the ordinance, seconded by Councilman Troncoso. For:all,Against:None. C. Approval/Disapproval of an ordinance to amend ordinance #590, Land Subdivision, by adding subsection L,Traffic Impact Analysis,Appendix A,Design Standards. Todd Parton stated that this would effect the subdivisions outside the city limits that do not pay street impact fees. Councilman Sutton made the motion to approve this ordinance, seconded by Councilwoman Hartman. For:All,Against:None. 12. Discussion Only A. Discussion of appointing a Trustee to the CRWA Board to replace Councilman Sutton. i Councilman Sutton stated that he would be resigning effective after the December meeting. Stated that he has enjoyed his time but needs to step down for now. He feels that it would be more beneficially that the member not be a council member. Thanked the council for allowing him this time to serve on this board. Councilman Campbell stated that he knew of one person that might be interested in serving on this board. B. Discussion of a resolution endorsing the River of Trade Coalition and its initiative to ensure the NAFTA trade industry's long-term use of established highway routes from Laredo to Texarkana. Mayor Ruppert briefed the council on the trade problems and its plan. Todd Parton stated that he had a conversation with TxDot and they would be willing to give council a presentation. They are trying to get national funds to fund this project. The concept would divert traffic off of I35 and give alternative routes. The public hearing process should be starting in the November timeframe. This is a three tier program and will be ongoing into the 2006 year. C. Discussion on an ordinance governing purchasing for the City of Cibolo to be adopted pursuant to Section 7.14 of the City Charter. Todd Parton briefed council that the new city charter states contracts and commitments rest with the city manager unless specified in a policy. He asked if the council would like to see this type of policy. This could include department heads approving up to $2,000, then a dollar amount to the city manager and all others being approved by council. Councilman Campbell stated that he liked the three-tier policy. Councilman Sutton stated that he would like to see the City Manager approving certain budget line items, especially if it's spelled out in the budget. C. Discussion on policies for the use of City Hall by community services,nonprofit and other organizations. This was brought up at the last council meeting with the boy scouts using the council chambers for one of their ceremonies. Questions were asked about what types of groups and whether they should be organizations within the city that would be allowed to utilize the building. Councilman Sutton stated that there should be different criteria's depending on the types of organizations and the member makeup. Todd Parton stated that there are smaller cities that do use their city hall for their citizens to meet in. There was discussion concerning the insurance. Councilman Troncoso stated that he would like to see what other municipalities do with their buildings. D. Discussion on an ordinance requiring that all permits be posted on site. Councilwoman Hartman stated that other cities require the posting of their permits. This would help the inspectors and citizens to know what work is being completed/done by each citizen. Not recommending this for commercial permits,just for residential. Especially now during the busy time this section is having. Lee Perry spoke what the process can be if they catch someone who is not following the ordinance. E. Discussion on an ordinance to establish penalties for violations of City Franchise Ordinance. Todd Parton stated that this discussion was started at the last meeting. Spoke with Susan Rocha on this and there is an umbrella type ordinance coming to council. 13. Comments A. City Staff Todd Parton gave council prices on the flag poles with installation and the cost of flags. Steve Liparrado thanked council for the contract. B. Commissioners—None. C. City Council Councilman Sutton stated that there will be a specific agenda item next time on the planning and zoning, stating that the ordinance code issue needs to be addressed. Councilman Troncoso asked if the pipes at Kove Lane can be looked into. Councilwoman Gray spoke about the sidewalk in the Deer Crest subdivision,it was not done. Woodstone was supposed to complete their section on the Dietz and what their status is. Councilwoman Hartman thanked Todd Parton for working on the fire contract. She spoke about the sidewalk problems at Eagle Valley Homes. She also stated that we need to start working on the ethics committee. Stated that she has only heard one side of the Planning and Zoning problem and thinks it's a problem making judgement without it hearing the other side. D. Mayor—The Mayor spoke about the rescheduling of Cibolofest. It is now be held on November 6t`and encourage everyone to attend. 14. Adjournment Councilman Campbell made the motion to adjourn at 11:07 P.M., seconded by Councilman Troncoso. For: All, Against:None. PASSED AND APPROVED THIS 9TH DAY OF NOVEMBER 2004. Charles Ruppert Mayor ATTEST: 4 Y nne Griffin Secretary