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Min CC 10/12/2004 REGULAR CITY COUNCIL MEETING CIBOLO MUNICIPAL BUILDING 200 S.MAIN October 12,2004 7:00 P.M. AGENDA 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 Campbell gave the invocation. 4. Pledge of Allegiance—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) Robert Child—spoke to council about doing the next flag ceremony before the next council meeting. 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 request,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 Check Register for September 2004. C. Approval of the waiving of park fees for November 6,2004 for the rescheduled Cibolofest. Councilman Hartman made the motion to approve the consent agenda items B &C., seconded by Councilman Gray. For:All,Against:None. Councilman Sutton made the motion to table consent agenda item A.,seconded by Councilwoman Gray. For:All,Against:None. 7. Discussion/Action(General) A. 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 $6050.00. Mayor Ruppert stated that the contract was in place when the items should have been purchased for this project. The Mayor stated that Rudy Klein was going to recommend disapproving this item. Councilman Sutton stated that he has spoke with Lynn Struthoff and would like to table this item till the next meeting. There are other items that need to be addressed. There was discussion concerning the timeline of the city hall project. Councilman Sutton made the motion to postpone this item indefinitely,seconded by Councilman Campbell. For:All,Against:None. B. Approval/Disapproval of amendments to the Cibolo Volunteer Fire Department Contract. Councilman Troncoso stated that he brought this up due to the contracting expiring last month. He also would like to initiate a fire hydrant program. This program is currently not being looked into. All fire hydrants need to work at the time of a fire and currently he knows of at least one that is frozen. The Fire Department has the equipment to take care of this. This would enable them to know the pressure of the water. The city would have to provide the oil and grease. Councilman Troncoso would like to see a fire safety program started and the direction of Lee Perry. This would give the fire department information about the different types of buildings in Cibolo. Sundays were eliminated from the contract,this needs to be included because their already doing this. The last change is to allow the two fire firefighters to respond to all calls in and out of the city. He believes that these changes are only fair. There is always mutual aid that is available if needed. He stated that the City of Schertz and the Chief are currently working on a first response agreement. Councilman Sutton stated that he agreed with the maintenance program and thought that this was already being worked on. Councilman Sutton stated that the citizens of Cibolo are paying for a fire contract to have two fire fighters in the city of services. Councilwoman Gray stated that she also had a problem with this;she believes that the two firefighters need to remain in the city. There was discussion about having two fire fighters in the station and mutual aid. Mayor Ruppert asked if there were other people in the fire department who could do these inspections, due to Lee Perry not having available time to do these inspections at this time. Councilman Sutton stated that this should possibly be completed by a separate contract. Councilman Campbell stated that maybe there should be three in the fire station at all times and remove the breakdown of funds from the contract and leave that to the fire chief. Councilman Campbell direct city staff to change the contract with the fire department with the budget amount,adding Monday through Sunday,Fire Hydrant Maintenance and increase manpower from 2 to 3,seconded by Councilman Sutton. Councilman Sutton stated that this is a good motion and if the fire department does not agree with this they can come back to the council for additional discussion. For:Councilman Campbell and Sutton,all others were against.There was more discussion concerning the contract. Councilman Sutton made the motion to pull item B,seconded by Councilman Campbell. For:All with the exception of Councilman Troncoso and Councilwoman Gray. C. Approval/Disapproval of a contract with the Cibolo Volunteer Fire Department. Todd Parton stated that he would like to work with the Chief and figure a way to work three fire fighters at certain times of the week and also to work with an extension clause in the contract. Councilman Campbell made the motion to enter into negotiations with the fire department within the budget constraints by the next meeting,seconded by Councilwoman Hartman. For:All,Against:None. D. Approval/Disapproval the increase of park fees as recommended by Parks Commission. Mayor Ruppert stated that the parks commission did a study of surrounding parks and their cost. There would also be a different charge for citizens to non-citizens. Councilwoman Hartman made the motion to approve the parks fees as recommended by parks commission,seconded by Councilman Troncoso. For:All, Against:None. E. Approval/Disapproval on contract for billing services between the City of Cibolo and Green Valley Special Utility District. Todd Parton briefed the council on the concerns that Alan Ozuna,City Attorney,had with the contract in section 8. He was concerned about the stated and the it's broad statement. There was discussion about the different contracts and the waste water service and collecting those fees. Councilman Campbell made the motion to set aside this item temporarily,seconded by Councilwoman Hartman. For:All,Against:None. Todd Parton provided a copy of Ozuna statement to council. Councilman Sutton made the motion to approve the contract with the revision that Mr.Ozuna requested,seconded by Councilman Campbell. For:All, Against: None. F. Approval/Disapproval to waive fee for use of Niemietz Park by Boy Scout Troop#323 for specified dates. Mayor Ruppert stated that a letter was provided to council with requested dates. Councilman Sutton asked if other non profit agency have asked and been approved for using the park and waiving the usage fee. He also stated that if we approve this, it will state a precedent,and if others come and ask to waive fees and has been denied. Mayor Ruppert stated that this is a Cibolo Boy Scout Troop. Councilman Sutton asked Ms.Child's if the troop 323 would be willing to donate some community service projects instead of paying the parks fees. Councilwoman Hartman made the motion to waive the fees for Boy Scout Troop#323 until September 30,2005,seconded by Councilman Troncoso. For:Councilwoman Hartman and Councilman Troncoso all others were against. Councilman Sutton made the motion to approve the Boy Scout Troop to use the Park on Tuesdays till September 2005 to include working with the Parks Commission for Public Service in Liu of rental fees,seconded by Councilman Campbell. For:All,Against:None. G. Approval/Disapproval on decommissioning all members of Planning&Zoning and Parks&Recreation in order to establish the same commissions under the new city charter. Councilman Campbell stated that with the new charter it seemed like a good time to redo the Planning and Zoning and Parks&Recreation Commission. Councilwoman Gray asked if anyone has asked to be taken off the commissions. Councilman Sutton stated that it would be good to take a couple of weeks to get good candidates and to utilize their abilities on the boards. There was discussion about how to get the best boards for the city. Mayor Ruppert stated that it is not good practice to decommission the commissions and that it would be better to remove members if that is what the intent is. Councilman Gray asked Gary Kelly if there is anyone that he feels should be removed from the Planning and Zoning. Councilwoman Gray stated that all members of commissions are showing up and Gary Kelly is saying there's no problem she does not understand what the problem is. Councilman Campbell made the motion to pull this item from the agenda and to re evaluate it at a later date,seconded by Councilman Sutton. For:All,Against: None. H. Approval/Disapproval on the creation of the Planning&Zoning and Parks&Recreation and selection/appointment of members to both commissions. Councilman Campbell made the motion to pull this item from the agenda,seconded by Councilman Sutton. For:All,Against:None. I. Approval/Disapproval on directing/asking Espy Consulting to create application and apply for the drainage grant Councilman Campbell stated that he heard Espy Consulting would create the application at no charge and feels that the city should take this opportunity. Asked Chris Stewart what he thought are chances of getting this grant would be. Chris Stewart stated that this is a flood protection grant. There is$600,000 available for this grant. The grant is competitive and feels that this could be a successfully grant. Councilwoman Gray asked if they had success with getting grants.Chris stated that they just got a grant for the City of Cedar Park. There was discussion about what the grant can and will cover. The grant is driven by current flooding and drainage problem that the city has. Councilman Campbell asked about the amount of the grant. Chris Stewart stated the city has to match with a 50%,existing work and staff work,to include City Engineer,can be used as part of the payment as in kind services. Applications are due in December and awarded in February. Councilman Campbell made the motion to approve directing Espy Consulting to begin the application,seconded by Councilwoman Hartman. For:All,Against:None. J. Approval/Disapproval on adding Flag Pole to New Municipal Building Site. Councilman Sutton spoke about adding flag poles to the city building. He would like to see three flag poles with the appropriate lighting. Mayor Ruppert provided council with a brochure that'provides flags and flag poles. Councilman Sutton stated that he would like to see a 40 or 45 foot center pole. Councilman Sutton made the motion to direct City Staff to get three bid proposals to install three flag poles at city hall with center one being the max allowable to city ordinance and other ones be 5 foot shorter,seconded by Councilman Campbell: For:All,Against:None. 8. Ordinance A. Approval/Disapproval of an ordinance affecting participation of City Employees in the Texas Municipal Retirement System Granting the additional rights authorized by Section 854.202(g)of Title 8,Texas Government Code,as amended,and prescribing the effective date for the ordinance. Councilman Troncoso made the motion to approve the ordinance,seconded by Councilwoman Gray. For: All,Against: None. B. Approval/Disapproval of an ordinance authorizing and allowing, under the act governing the Texas Municipal Retirement system, "Updated Service Credits" in said system on an annual basis for service performed by Qualifying members of such system who at the effective date of the allowance are in the employment of the City of Cibolo; providing for increased prior and current service annuities for retirees and beneficiaries of deceased retirees of the City;to increase the rate of deposits to the Texas Municipal Retirement System by the employees of the city;and establishing an effective date for the ordinance. Councilman Campbell made the motion to approve the ordinance,seconded by Councilwoman Hartman. For:All,Against:None. 9. Comments A. City Staff— Todd Parton—Stated that he is looking into policies.He is also looking for feedback and what the priorities are. Brain Cope gave an update on the drainage project. B. Commissioners—Gary Kelly stated that Espy would be presenting their final copy at the next Planning and Zoning Meeting.Toni Krasni spoke about the drainage issue with the grant and cluster housing. C. City Council - Councilman Sutton stated that he would like to know the dates of the contract and awarding bid. He also would like to see an ordinance about third party waste pickup and enforcement. Need to look into a method of funding for October for the fire department. He would like to get an update on the ramps on the sidewalk. Would also like to start looking into the tax exemptions that are available and how the city should use them. Councilman Troncoso brought up that the ethics policy needs to be started. Stated that he hoped the commissioners were not offended by the agenda item. Councilwoman Gray asked for an update on HRM consultants. Stated that she attended the Live Oak Economic Development with the mayor and stated that he gave an excellent presentation. Councilwoman Hartman stated that she has already started getting the information for the ethics commission. Councilman Campbell stated that he took the burden off of Yvonne and obtained a domain name for Cibolo. He will be working with Councilwoman Hartman on getting the web page started. D. Mayor—Talked about the rescheduling of Cibolofest to November 6t',could still use more silent auction items. 10. Adjournment Councilman Campbell made the motion to adjourn at 9:54 P.M.,seconded by Councilwoman Hartman. For:All, Against:None. PASSED AND APPROVED THIS DAY OF OCTOBER,2004. WAI/hr Charles Ruppert Mayor ATTEST: 4ity nne Griffin Secretary