Garden Ridge City Council "A way of life...not just a place to live" 9400 Municipal Parkway, Garden Ridge, Texas 78266 210-651-6632

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2010 Minutes: Jan | Feb | Mar

Council Members:

Meets: 1st Wednesday of each month

Jay F. Feibelman – Mayor, Place 6
Russ Sanders – Mayor Protem, Place 5
John McCaw – Place 1
Bobby Roberts – Place 2
Jim Young – Place 3
Joe Britan, Place 4

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MINUTES
REGULAR CITY COUNCIL MEETING
Wednesday, March 3, 2010 at 7:00 p.m.

The Garden Ridge City Council met in regular session on Wednesday, March 3, 2010 at 7:00 p.m. in the City Council Chambers, 9400 Municipal Parkway, Garden Ridge, Texas. This was an open meeting, open to the public, subject to the Open Meetings Act of the State of Texas, and as required by law, notice was posted on Friday, February 26, 2010 before 5:00 p.m., providing time, place, date and agenda thereof. The meeting facility is wheelchair accessible and accessible parking spaces are provided. Requests for accommodations or interpretative services must be made 48 hours prior to this meeting.

1. Call to Order:
Mayor Feibelman called the meeting to order at 7:00 p.m.
2. Roll Call:
Members Present: Mayor Feibelman
Mayor Pro-Tem Sanders
Councilman McCaw
Councilman Roberts
Councilman Britan
Councilman Young
City Staff Present: City Administrator Cain, City Secretary Benitez, Public Works Director Goddard and Detective O’Conner

3. Pledge of Allegiance
Mayor Feibelman led all present in the pledge of allegiance.

4. Citizen Comments – 3 minute limit per citizen
None

5. Minutes
The City Council discussed, considered and/or took action on the following item:

a) February 3, 2010 Regular City Council Meeting Minutes
Motion was made by Councilman Britan and seconded by Councilman Roberts to approve the minutes of the February 3, 2010 Regular City Council Meeting. Motion carried unanimously.

6. Special Presentation
Recognition of the Canyon High School Theater Arts Class students and instructor for participation in the City of Garden Ridge 2009 Halloween event.
Detective O’Conner introduced the instructor and some of the students from the Canyon High Theater Arts Class and presented them with Certificates of Appreciation as follows: April Cox (Instructor), Daniel Cox, Tyler Steele, Jamie Fullerton and Janell Howe.

7. Business Items
The City Council discussed, considered and/or took action on the following items:
Mayor Feibelman explained that Bob Henderson had another engagement to attend; therefore, with the council’s approval, he wished to move Item D to the beginning of the Business Items in order to allow Mr. Henderson to leave after his presentation.

d) Financial Advisory Agreement with RBC Capital Markets as Financial Advisor for the City of Garden Ridge
City Administrator Cain explained that the City has had a contract with Bob Henderson, as our financial advisor, for several years and the contract expired in December of 2009; therefore, action is required to renew the contract.
Bob Henderson of RBC Capital Markets came before council and stated that they have charged the City of Garden Ridge the same fees as long as they have been serving the City, which has been for quite a long time. Upon inquiry from Councilman Roberts, Mr. Henderson stated that the agreement is a five-year agreement.
Motion was made by Councilman Britan and seconded by Councilman McCaw to approve the Financial Advisory Agreement with RBC Capital Markets as Financial Advisor for the City of Garden Ridge. Motion carried unanimously.
Mr. Henderson thanked the Mayor and Council for allowing him to present his item early so that he could leave for his family engagement.

a) City Water Commission recommendation on a request by Kevin and Nancy Vaille, 8830 Cherokee Path, for a leak adjustment to their February 2010 water bill
City Administrator Cain presented this item and explained that the Vaille’s appeared at the February 23, 2010 Water Commission meeting requesting a leak adjustment to their February and March 2010 water bills based on their average monthly water usage. She stated that the Water Commission is recommending a variance to Ordinance 54, Section 14.07 be approved and thereby granting the leak adjustment to Kevin and Nancy Vaille.
Motion was made by Councilman Young and seconded by Councilman Roberts to approve the recommendation by the City Water Commission on a request by Kevin and Nancy Vaille, 8830 Cherokee Path, for a leak adjustment to their February and March 2010 water bills based on their average monthly water usage. Motion carried unanimously.

b) City Water Commission recommendation on a request by Max and Katherine Schuebel, 9618 Meadow Rue, for a leak adjustment to their February 2010 water bill
City Administrator Cain reported that the Schuebel’s also appeared at the February 23, 2010 Water Commission meeting and noted that they had a leak close to the water meter that went unnoticed due to depth and the rain. She stated that the Water Commission is recommending a variance to Ordinance 54, Section 14.07 be approved and thereby granting the leak adjustment to Max and Katherine Schuebel.
Motion was made by Councilmember McCaw and seconded by Councilman Britan to approve the recommendation by the City Water Commission on a request by Max and Katherine Schuebel, 9618 Meadow Rue, for a leak adjustment to their February 2010 water bill resulting in a water billing of $219.16. Motion carried unanimously.

c) City Water Commission recommendation on a request by Ron and Hazel Riffel, 9335 Gloxinia Dr., for a leak adjustment to their January 2010 water bill
City Administrator Cain stated that Mr. and Mrs. Riffel appeared at the February 23, 2010 Water Commission meeting requesting a leak adjustment to their January water bill. She further noted that the Riffel’s had extensive water damage to their home due to a leak in the water line to the hot water heater in the attic.
Motion was made by Councilman McCaw and seconded by Councilman Roberts to accept the recommendation by the City Water Commission on a request by Ron and Hazel Riffel, 9335 Gloxinia Dr., for a leak adjustment to their January 2010 water bill based on their average monthly water usage. Motion carried unanimously.
e) City Quarry Commission report and update to the City Council

Quarry Commission Chair Bob Gunnarson addressed the City Council regarding Quarry operations, blasting levels and blast locations. He stated that the numbers of blasts are down and the impact on Trophy Oaks residents is less. Mr. Gunnarson announced that there will be a tour of the Quarry on Wednesday, March 17th, beginning at 1:00 p.m. with the meeting place being City Hall.

f) Release of Lucas Hutchison as Public Works Service Representative II from 90 day probation effective March 3, 2010 with 5% salary increase
Public Works Director Royce Goddard stated that Lucas Hutchison is doing exceptionally well and is a very hard worker. Mr. Goddard recommended approval of releasing Mr. Hutchison from probation.
Motion was made by Councilman Young and seconded by Councilman Roberts to release Lucas Hutchison, Public Works Service Representative II, from 90 day probation effective March 3, 2010, with a 5% salary increase. Motion carried unanimously.

g) Change of meeting time for regular city council meeting from 7:00 p.m. to 6:00 p.m.
After a brief discussion with comments made by several of the councilmembers and staff, it was recommended that no action be taken at this time and that this information be placed on the website and in the Grapevine in order to solicit feedback from the residents. Mayor Feibelman asked if any of the residents present had an opinion either for or against the change in meeting time.
Councilman Roberts stated that it would not be a problem for him to adjust his schedule once a month if the meeting was changed to 6:00 p.m.
Nancy Vaille of 8830 Cherokee Path stated that she was in favor of moving the council meeting to 6:00 p.m. because that would allow parents of young children (such as themselves) to attend a council meeting and get home early enough to get their children settled for the night.
No action will be taken pending input from the City of Garden Ridge residents.

h) Report on status of CISD elementary school project in the City of Garden Ridge
City Administrator Cain reported that she met with the project manager, Dirk Butler, this week and he stated that their plan is to move furniture in during the 3rd week of July and open the school in August, as planned. She stated that the construction crew is working through all types of weather and they are moving along steadily. Ms. Cain also pointed out that the school district is working with TxDOT regarding a traffic light and reduced speed limits for a school zone. She stated that the school will have a traffic control officer available in the mornings and afternoons until a traffic light is in place.

8. State of the City
The City Council discussed, considered and/or took action on the following items:

a) Financial Statement and Investment Report
February 28, 2010
City Administrator Cain presented the financial reports to the Council for their review and consideration.
Motion was made by Councilman Young and seconded by Councilman Britan to approve the financial statement and investment report for the period ending February 28, 2010. Motion carried unanimously.

b) City Administrator Monthly Activity
Sign approvals since prior Council meeting – City Administrator Cain approved one sign request, which was for the Garden Ridge Women’s Club Garage Sale.
Community Center usage and financial report – Ms. Cain reported that the Community Center had $2,887 revenue over expenditures for the month of February, 2010.
Building Permits issued to date for residential, commercial and minor building projects – Ms. Cain reported that there are 23 major projects ongoing at this time. She stated that no permits were issued for new residences during the month of February, 2010.

c) Public Works/Water Department Monthly Activity
Water pumping/usage from city wells -
Water system infrastructure maintenance, repairs and/or projects -
Public Works projects -
Animal Control apprehensions, nuisance/complaints, animal bites -
Public Works Director Goddard reviewed the Water Department’s monthly activity report with Council.
Mr. Goddard further reported that the City pumped zero (0) gallons of water from the Edwards Aquifer during the month of February, 2010.

d) Police Department Monthly Activity
Citations issued
Warnings issued
Criminal activity within city

Code Compliance:
Citations issued
Warnings issued
Compliance achieved

Detective Donna O’Conner reviewed the Police Department’s monthly activity report.
Detective O’Conner further reported that they received 35 applications for the vacant police officer position and have narrowed them down to 7 applicants. Applicants will go through the traffic scenarios and interview boards on March 10th and 11th. She stated that they hope to have a recommendation to the City Council at the April Council meeting.
Detective O’Conner also reported that the Garden Ridge Police Explorers will be in the State Explorer competition after placing in several events at the San Antonio Police Department; the Police Department has purchased an Automated External Defibrillator which will be installed in the main lobby area of City Hall sometime next week by the Schertz EMS; and during the month of March, all of the Officers will be completing their semi-annual firearms qualifications.

e) Recognition of employees and/or city events
None.

f) Observations and activities of wildlife within the city
Councilman Britan stated that he has had several raccoons on his property.

g) Water and/or Drought Management - Drought Management Stages
Royce Goddard stated that the static level of the Trinity Well is steadily climbing.

h) Update on FM 3009 Construction Project
Councilman Roberts inquired about the number of overpasses there were going to be on FM 3009 and Mayor Feibelman stated there would be two. The Mayor asked that the drawings for the FM 3009 project be provided for the council.

9. Citizen Comments – 3 minute limit per citizen
None.

10. Reports and Comments from Mayor and City Councilmembers
The Mayor and/or City Councilmembers commented, made general announcements and/or provided progress reports on events, activities and/or committees/board meetings concerning the following:

Northeast Partnership – no report
City Water Commission – no report
City Quarry Commission – no further report
Garden Ridge Police Academy Alumni Association – no report
Cellular on Patrol – no report
Garden Ridge Lion’s Club – no report

11. Executive Session
The City Council recessed its regular meeting and reconvene in Executive Session pursuant to Section 551.071(2) of the Texas Government Code to seek the advice of its attorneys regarding the legal options available to regulate quarry operations related to draft ordinances prepared through the Quarry Commission of the City of Garden Ridge, Texas.
The City Council convened into Executive Session at 7:56 p.m.
The City Council returned to Regular Session at 8:53 p.m.

12. Adjournment:
The City Council meeting adjourned at 8:53 p.m.

Jay F. Feibelman, Mayor
ATTEST:
Yolanda C. Benitez, TRMC
City Secretary

MINUTES
REGULAR CITY COUNCIL MEETING
Wednesday, February 3, 2010 at 7:00 p.m.

The Garden Ridge City Council met in regular session on Wednesday, February 3, 2010 at 7:00 p.m. in the City Council Chambers, 9400 Municipal Parkway, Garden Ridge, Texas. This was an open meeting, open to the public, subject to the Open Meetings Act of the State of Texas, and as required by law, notice was posted on Friday, January 29, 2010 before 5:00 p.m., providing time, place, date and agenda thereof. The meeting facility is wheelchair accessible and accessible parking spaces are provided. Requests for accommodations or interpretative services must be made 48 hours prior to this meeting.

1. Call to Order: Mayor Feibelman called the meeting to order at 7:00 p.m.
2. Roll Call: Members Present:

Mayor Feibelman
Mayor Pro-Tem Sanders
Councilman McCaw
Councilman Roberts
Councilman Britan
Councilman Young (arrived at 7:03 p.m.)
City Staff Present: City Administrator Cain, City Secretary Benitez, and Police Chief Matta.

3. Pledge of Allegiance: A boy scout from Troop 828 led all present in the pledge of allegiance.
4. Citizen Comments – 3 minute limit per citizen None.
5. Minutes
The City Council discussed, considered and/or took action on the following item:

a) January 6, 2010 Regular City Council Meeting Minutes
Councilman Roberts asked Chief Matta for clarification on his statement on Page 5, Section 7. d), second paragraph. Chief Matta stated that he recommended that New Braunfels Towing be reinstated “if the City Administrator was not able to enter into a contract with Roadrunner Towing”. Councilman Britan pointed out a correction on Page 2, Section 6.

b), in the last line of the motion, a “0” was left out, which would make the amount “$115,000”. Motion” was made by Mayor Pro Tem Sanders and seconded by Councilman Roberts to approve the minutes of the January 6, 2010 Regular City Council Meeting, with the changes presented by Councilman Roberts and Councilman Britan. Motion carried unanimously.

6. Special Presentation
Recognition of the Samuel Clemens High School Criminal Justice Program students and instructor for participation in the City of Garden Ridge 2009 Halloween event.
Detective O’Conner introduced the following students from the Samuel Clemens High School Criminal Justice Program: Scott Sullivan, Justin Resendez and Aaron Gouthier. She then presented each of them with a Certificate of Appreciation for their work on the 2009 Halloween event and provided them with certificates for the rest of their class. Detective O’Conner commended Officers Joe Thoemke, Chris Wernert, and Jarrod Riffe for their work with the students. She also announced that the students had competed in the Regional Explorer Skills Competition last Saturday and they should have the results this Saturday.

7. Business Items
The City Council discussed, considered and/or took action on the following items:

a) City Water Commission recommendation to amend Section 35, of the Comprehensive Water Ordinance 54-012010 to update allowable rebates on washing machines and toilets in the rebate programs offered by the City of Garden Ridge City Administrator Cain explained the recommendation by the Water Commission and noted that the proposed revisions update the types of washing machines and toilets eligible for a rebate. Councilmen McCaw and Young requested clarification regarding the number of rebates allowed on toilets and Ms. Cain explained that toilet rebates will be allowed one time for the replacement of toilers in all toilet locations of the applicable residence or business in the City of Garden Ridge.
Motion was made by Councilman Britan and seconded by Councilman Roberts to approve the recommendation by the City Water Commission to amend Section 35, of the Comprehensive Water Ordinance 54-012010 to update allowable rebates on washing machines and toilets in the rebate programs offered by the City of Garden Ridge. Motion carried unanimously.

b) Adopting comprehensive water Ordinance 54-022010 for the City of Garden Ridge, Texas and repealing Ordinance 54-012010 adopted January 6, 2010; providing definitions; statement of organization; general policies; regulations and rules; rates and billing cycles; and providing for a penalty.
City Administrator Cain stated that this was the formal action in order to amend the ordinance. Councilman Roberts asked if they were amending the ordinance that was approved by council at the last meeting and Mayor Feibelman explained that this information was not available at that time; therefore, it was necessary to amend the ordinance again.
Motion was made by Councilman Britan and seconded by Councilman Young to adopt the Comprehensive Water Ordinance 54-022010 for the City of Garden Ridge, Texas and repealing Ordinance 54-012010 adopted January 6, 2010; providing definitions; statement of organization; general policies; regulations and rules; rates and billing cycles; and providing for a penalty. Motion carried unanimously.

c) Presentation of the Tier 1 Racial Profiling Compliance Report for the City of Garden Ridge.
Lt. Gary Johnson, Garden Ridge Police Department, presented the report to the City Council for their review and consideration. He pointed out that the City of Garden Ridge Police Department is in compliance with Senate Bill 1074, which is the Texas Law on Racial Profiling.
Motion was made by Councilman Roberts and seconded by Councilman Britan to accept the Tier 1 Racial Profiling Compliance Report for the City of Garden Ridge presented by Lt. Johnson. Motion carried unanimously.

d) Ordinance 157-022010 ordering a General Election on May 8, 2010 for the City of Garden Ridge for the purpose of electing Aldermen to City Council Places One, Four and Five; such election shall be a joint election between the City of Garden Ridge and the Comal Independent School District; making provisions for the conduct of such election and resolving other matters related to the conduct of such election*
City Administrator Cain stated that this is the formal action which must be taken at this time every year in order to call for the May election, and stated that the City is holding a Joint Election with the Comal ISD, as required by law. Ms. Cain stated that the contract was included in the council packets. She pointed out highlights of the ordinance concerning early voting dates and times, election judges, as well as locations for early voting and Election Day voting.
City Administrator Cain stated that the signature of the Mayor and each of the council members was required on the Order of the Election; therefore, she asked that they see the City Secretary prior to leaving the council meeting so that she can obtain their signatures on the document.
Motion was made by Councilman Young and seconded by Councilman McCaw to approve Ordinance 157-022010 ordering a General Election on May 8, 2010 for the City of Garden Ridge for the purpose of electing Aldermen to City Council Places One, Four and Five; such election shall be a joint election between the City of Garden Ridge and the Comal Independent School District; making provisions for the conduct of such election and resolving other matters related to the conduct of such election.* Motion carried unanimously.
* (SPANISH TRANSLATION OF THE AFOREMENTIONED ORDINANCE WAS ALSO A PART OF THIS AGENDA ITEM)

e) Report on status of CISD elementary school project in the City of Garden Ridge
City Administrator Cain stated that an incident occurred earlier in the week which involved an employee suffering a seizure and subsequent injuries. She further noted that there has not been any stoppage in construction due to bad weather.

8. State of the City
The City Council discussed, considered and/or took action on the following items:

a) Financial Statement and Investment Report January 31, 2010
City Administrator Cain presented the financial reports to the Council for their review and consideration.
Motion was made by Councilman Roberts and seconded by Councilman Britan to approve the financial statement and investment report for the period ending January 31, 2010. Motion carried unanimously.

b) City Administrator Monthly Activity
Sign approvals since prior Council meeting - None
Community Center usage and financial report – City Administrator Cain reported that there was $3,339 revenue over expenditures for the month of January.
Building Permits issued to date for residential, commercial and minor building projects – Ms. Cain stated that there are 26 major projects going on in the City at this time.

c) Public Works/Water Department Monthly Activity
Water pumping/usage from city wells -
Water system infrastructure maintenance, repairs and/or projects -
Public Works projects -
Animal Control apprehensions, nuisance/complaints, animal bites -
Mayor Feibelman stated that Royce Goddard took his wife to the hospital earlier today and therefore, he would not be present for the Council meeting.
City Administrator Cain reviewed the Water Department’s monthly activity report with Council. She further pointed out that construction on the elevated storage tank is scheduled to start later this month and the upgrades to the FM 2252 Plant will start next week.

d) Police Department Monthly Activity
Citations issued
Warnings issued
Criminal activity within city
Code Compliance:
Citations issued
Warnings issued
Compliance achieved
Police Chief Matta reviewed the Police Department’s monthly activity report.
Chief Matta stated that they are allowing extra time for both residents and contractors to comply with Code enforcement issues due to standing water.
Councilman Roberts pointed out that the warnings far outnumbered the citations last month and commended Chief Matta for this.

e) Recognition of employees and/or city events
City Administrator Cain announced that Don Sweet, one of the City’s Building Inspectors, had taken the International Code Council exam and he is now a Certified Residential Building Inspector.

f) Observations and activities of wildlife within the city
Mayor Feibelman noted that there are more deer and raccoons out in the City, despite the bad weather we have had lately. He discouraged everyone from feeding the deer.

g) Water and/or Drought Management Drought Management Stages
City Administrator Cain reported that the City has had 2.01” of rain since midnight.

h) Update on FM 3009 Construction Project
Mayor Feibelman stated that the construction crew has been moving dirt in order to start construction of the overpass. The completion date is still September of 2012.

9. Citizen Comments – 3 minute limit per citizen
Curtis Ray came before council to inquire about the status of the engineering plans for the storm water master plan, which Mayor Feibelman responded that it was approximately 45 days from the last council meeting; however, he was not aware of the current status. Mr. Ray also asked if any further consideration had been given to the storm water drainage fee mentioned at the December 15th drainage meeting with the residents. Mayor Feibelman reported that this has been discussed and will be discussed further as it is not a dead issue at this time.

10. Reports and Comments from Mayor and City Councilmembers
The Mayor and/or City Councilmembers commented, made general announcements and/or provided progress reports on events, activities and/or committees/board meetings concerning the following:
Northeast Partnership – Mayor Feibelman reported that Congressman Lamar Smith spoke at the January meeting and provided some good comments concerning actions that are taking place in Washington.
City Water Commission – no report
City Quarry Commission – Mayor Pro Tem Sanders reported that there are 2-3 blasts per week.
Garden Ridge Police Academy Alumni Association – no report
Cellular on Patrol – no report
Garden Ridge Lion’s Club – Mayor Feibelman reported that he had put out a request for assistance in delivering the City of Garden Ridge phone books and the Lions Club had stepped forward and they were delivered last Saturday.

11. Adjournment: The City Council meeting adjourned at 7:35 p.m.

Jay F. Feibelman, Mayor

ATTEST:
Yolanda C. Benitez, TRMC
City Secretary

MINUTES
REGULAR CITY COUNCIL MEETING
Wednesday, January 6, 2010 at 6:00 p.m.

The Garden Ridge City Council met in regular session on Wednesday, January 6, 2010 at 6:00 p.m. in the City Council Chambers, 9400 Municipal Parkway, Garden Ridge, Texas. This was an open meeting, open to the public, subject to the Open Meetings Act of the State of Texas, and as required by law, notice was posted on Wednesday, December 30, 2009 before 5:00 p.m., providing time, place, date and agenda thereof. The meeting facility is wheelchair accessible and accessible parking spaces are provided. Requests for accommodations or interpretative services must be made 48 hours prior to this meeting.

1. Call to Order: Mayor Feibelman called the meeting to order at 6:03 p.m.
2. Roll Call:

Members Present: Mayor Feibelman
Mayor Pro-Tem Sanders (arrived at 6:10 p.m.)
Councilman McCaw
Councilman Roberts
Councilman Britan
Absent: Councilman Young
City Staff Present: City Administrator Cain, City Secretary Benitez, Public Works Director Goddard, and Police Chief Matta.

3. Pledge of Allegiance: Mayor Feibelman led all present in the pledge of allegiance.
4. Citizen Comments – 3 minute limit per citizen
Curtis Ray – Mr. Ray appeared before Council with regard to the flooding issues on Hickory Bend. He stated that it has been 90 days since the flood took place in October and nothing has been done. Mr. Ray noted that the situation could become more severe and stated that it is an urgent situation at this time. Therefore, he asked for urgent action by the City.
Stephen Hanz of River City Engineering stated that they are working on the Storm Water Master Plan which will address the flooding issues. Councilman Roberts further added that the City is working on the situation.
Mr. Ray asked that the City suspend construction of the Arrowood development as this continues to contribute to the current flooding situation.
Mayor Feibelman noted that the Arrowood Development was not there when the City flooded in 1998 and again in 2004. He further stated the City could not stop development in Arrowood.

Margarita Peralta – Ms. Peralta stated that the meeting held with the residents on December 15th was a good start; however, she asked what the residents could do to get flood damage information to City staff and to the City engineers.
City Administrator Cain reported that a request for information, along with a map, was placed on the website; however, only a handful of responses have been received.
Stephen Hanz stated that it will take his firm approximately two months to complete the studies and the elevations and the implementation of the drainage plan will take 3-5 years.

5. Minutes
The City Council discussed, considered and/or took action on the following item:

a) December 2, 2009 Regular City Council Meeting Minutes
Motion was made by Councilman Roberts and seconded by Councilman McCaw to approve the minutes of the December 2, 2009 Regular City Council Meeting as presented. Motion carried unanimously.

6. Business Items
The City Council discussed, considered and/or took action on the following items:

a) Annual Audit Report for the City of Garden Ridge for the period ending September 30, 2009.
Debbie Fraser, Armstrong, Vaughn & Associates, presented the annual audit to the Council for their review. She pointed out that the City was receiving an “unqualified” audit, which is good. Ms. Fraser also stated that auditors generally recommend that the City keep 4-6 months worth of expenses in reserve; however, the City of Garden Ridge has 8 months worth, which is excellent. She thanked City Administrator Cain and City Secretary Benitez for their assistance in the performance of the audit. Ms. Fraser noted that Ms. Benitez has implemented new procedures, which will assist them in future audits.
Motion was made by Mayor Pro Tem Sanders and seconded by Councilman Roberts to accept the Annual Audit Report for the City of Garden Ridge for the period ending September 30, 2009, as presented by Armstrong, Vaughn & Associates. Motion carried unanimously.

b) Award of the City of Garden Ridge 2010 FM 2252 Plant Improvements bid.
Stephen Hanz of River City Engineering presented this item for Council consideration and approval. He reported that the bids were opened on December 30th and eight (8) bids were received. Mr. Hanz stated that their recommendation is to award the bid to Associated Construction Partners in the amount of $603,865. After a brief discussion, decision was made to eliminate the permanent generator in the amount of $115,000 from the bid, bringing the bid amount down to $488,865.
Motion was made by Councilman Roberts and seconded by Councilman Britan to award the bid for the City of Garden Ridge 2010 FM 2252 Plant Improvements to Associated Construction Partners, without Alternate 2A (Permanent Generator) in the amount of $115,000, for a total bid of $488,865. Motion carried unanimously.

c) Award of the City of Garden Ridge 2010 Trinity Well Construction bid.
Stephen Hanz of River City Engineering presented this item for Council consideration and stated that their recommendation is to award the bid to Alsay Incorporated, in the amount of $377,000.
Motion was made by Mayor Pro Tem Sanders and seconded by Councilman Britan to award the bid for the 2010 Trinity Well Construction to Alsay, Inc. in the amount of $377,000. Motion carried unanimously.

d) Authorize the services of an independent inspection company as Welding and Coating Inspector for the City of Garden Ridge 2009 Elevated Storage Tank Project.
Stephen Hanz of River City Engineering stated that their recommendation is to authorize the services of Heart of Texas Inspection Services, Inc. in the amount of $32,590.
Motion was made by Councilman McCaw and seconded by Councilman Britan to authorize the services of an independent inspection company as Welding and Coating Inspector for the City of Garden Ridge 2009 Elevated Storage Tank Project to Heart of Texas Inspection Services, Inc., in the amount of $32,590. Motion carried unanimously.

e) Authorize the City Administrator to negotiate and enter into a towing contractor contract, in a form approved by the City Attorney, considering bids received and staff recommendation.
City Administrator Cain reviewed this item and recommended that Council authorize her to negotiate a contract with Roadrunner Towing in Schertz and should they not be able to come to an agreement, then she requested authorization to enter into a contract with the current towing company, New Braunfels Towing.
Motion was made by Mayor Pro Tem Sanders and seconded by Councilman Britan to authorize the City Administrator to negotiate and enter into a towing contractor contract with Roadrunner Towing in Schertz and should they not be able to come to an agreement, then they authorized the City Administrator to negotiate and enter into a contract with New Braunfels Towing. Motion carried unanimously.

f) City Water Commission recommendation to amend Section 35, of the Comprehensive Water Ordinance 54-072009 for the inclusion of Hot Water on Demand Systems in the rebate programs offered by the City of Garden Ridge.
Mayor Feibelman reported that he asked the Water Commission to have a committee study this issue; therefore, he recommended that the Council approve the recommendation from the Water Commission.
Motion was made by Councilman Britan and seconded by Councilman McCaw to accept the Water Commission recommendation to amend Section 35, of the Comprehensive Water Ordinance 54-072009 for the inclusion of Hot Water on Demand Systems in the rebate programs offered by the City of Garden Ridge. Motion carried unanimously.

g) Adopting comprehensive water Ordinance 54-012010 for the City of Garden Ridge, Texas and repealing Ordinance 54-072009 adopted July 1, 2009; providing definitions; statement of organization; general policies; regulations and rules; rates and billing cycles; and providing for a penalty.
City Administrator Cain reported that the only change was with regard to the inclusion of the “hot water on demand systems” in the City’s rebate programs.
Motion was made by Councilman Roberts and seconded by Councilman Britan to adopt the Comprehensive Water Ordinance 54-012010 for the City of Garden Ridge, Texas and repealing Ordinance 54-072009 adopted July 1, 2009; providing definitions; statement of organization; general policies; regulations and rules; rates and billing cycles; and providing for a penalty. Motion carried unanimously.

h) Resolution 219-012010 of the City of Garden Ridge for participation in the Texas Water Development Board’s Flood Protection Planning Program Grant.
City Administrator Cain reminded the Council that this was discussed in conjunction with the Storm Water Master Plan. She also noted that they are meeting with the Texas Water Development Board tomorrow.
Motion was made by Mayor Pro Tem Sanders and seconded by Councilman Britan to approve Resolution 219-012010 of the City of Garden Ridge for participation in the Texas Water Development Board’s Flood Protection Planning Program Grant. Motion carried unanimously.

i) Report on the December 15, 2009 Public Workshop held concerning Storm Water Master Plan.
Mayor Feibelman reported that there was an article in the newsletter detailing what happened at that workshop.

7. State of the City
The City Council discussed, considered and/or took action on the following items:

a) Financial Statement and Investment Report
December 31, 2009
City Administrator Cain presented the financial report to council for their consideration and approval.
Motion was made by Councilman Roberts and seconded by Councilman Britan to approve the Financial Report for the month of December, 2009. Motion carried unanimously.

b) City Administrator Monthly Activity
Sign approvals since prior Council meeting – None
Community Center usage and financial report –$7,610 revenue over expenditures
Building Permits issued to date for residential, commercial and minor building projects – there are 25 major projects at this time, with the two commercial properties being the school and the Garden Ridge Animal Hospital, which are both on schedule.

c) Public Works/Water Department Monthly Activity
Public Works Director Goddard reviewed the Water Department’s monthly activity report with Council.
Mr. Goddard reported that the Trinity Well was down for one week due to pump failure and replacement.

d) Police Department Monthly Activity
Police Chief Matta reviewed the Police Department’s monthly activity report.
Chief Matta introduced representatives from New Braunfels Towing and recommended that they be reinstated, if the City Administrator is not able to enter into a towing contractor contract with Roadrunner Towing.

e) Recognition of employees and/or city events
City Administrator Cain recognized the following employees: Officer Joe Thoemke received compliments from American Bank of Texas for his diligent patrol of the bank, especially in the early morning hours when employees are arriving to open the bank. Garden Ridge resident, Lloyd Loehman, also expressed his appreciation of the professional manner in which Officer Thoemke handled a possible house fire at his residence.
City Administrator Cain stated that she received a letter from Violet Margly praising Eric Lowman, Animal Control Officer, for his efforts in caring for the animals he picks up and for his ability in getting them safely placed.
City Administrator Cain announced that City Secretary Yolanda Benitez received a letter from the President of the Texas Municipal Clerks Association, Inc. (TMCA) this afternoon appointing her to the Certification Committee for the TMCA, Inc. She pointed out that Yolanda is currently serving as President of the Alamo Chapter of TMCA, Inc., so she is involved on a local level and now on the state level.

f) Observations and activities of wildlife within the city – The Mayor reported that the deer remain abundant and active.

g) Water and/or Drought Management Drought Management Stages
None

h) Update on FM 3009 Construction Project
Mayor Feibelman reported that this is to be complete in September 2012 and it will consist of four lanes and two overpasses.

8. Citizen Comments – 3 minute limit per citizen
John Bell complained that the cats that are set free are a threat to the wild bird population. He further stated that he is in favor of euthanizing cats.

9. Reports and Comments from Mayor and City Councilmembers
The Mayor and/or City Councilmembers commented, made general announcements and/or provided progress reports on events, activities and/or committees/board meetings concerning the following:

Northeast Partnership
City Water Commission
City Quarry Commission
Garden Ridge Police Academy Alumni Association
Cellular on Patrol
Garden Ridge Lion’s Club
City Employee Christmas Party
There were no reports on any of the above items.
Councilman Roberts commended the Police Chief on issuing more warnings than citations.
10. Adjournment:
The City Council meeting adjourned at 7:41 p.m.

Jay F. Feibelman, Mayor

ATTEST:
Yolanda C. Benitez, TRMC
City Secretary