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City Council Meeting
CIBOLO MUNICIPAL BUILDING
200 S. MAIN
February 25,2014
7:00 P.M.
MINUTES
1. Call to Order—Meeting was called to order by Mayor Jackson at 7:00 p.m.
2. Roll Call— Council Present: Mayor Jackson, Councilman Pedde, Councilman Garrett, Councilman
Castro, Councilman Doty, Councilman Carlton, Councilman Hogue and Councilman Dunn; Staff
Present: City Manager Herrera, City Attorney Banks, City Secretary Cimics, City Engineer Klein,
Finance Director Miranda, ED Director Luft, Fire Chief Niemietz, Police Chief Cox, Public Works
Director Fousse and Asst.Planner Gonzalez.
3. Invocation—Invocation was given by Councilman Castro.
4. Pledge of Allegiance—All in attendance recited 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 debate any non-agenda issue, nor may any action be taken on any non-agenda issue at this
time,however,City Council may present any factual response to items brought up by citizens.
The following citizens signed up to be heard: Melvin Hicks of 119 Apache Circle thanked everyone
involved in the barbecue cook off this past weekend. Mar Buell told everyone if they hadn't read
the 380 Agreement with Wal-Mart they should. Paul Buell asked about the LOMAR for his
property which he has been requesting for years. Pam Jarnagan of 116 Cibolo Tolle was concern
about all the zoning and suggested a freeze or halt to any development till things get straightened
out. She also wanted to know if the Master Plan has been updated. David Peacock gave his
resignation from the Economic Development Corporation. Stosh Boyle praised the people involved
in the cook off and felt that it brought the community together. Tannya Steffen spoke on an open
records request that she has a problems receiving. Ms. Steffen also had great comments about the
cook off. She was disappointed that MR.Peacock had resigned for the EDC. Ms. Steffen also spoke
on the investigation and hopes the City has a 3rd party investigate.
6. Public Hearing
A.The City of Cibolo City Council will hold a public hearing to hear public testimony concerning
updates to Article 21 (Design Construction Manual) of the Cibolo Unified Development Code;
specifically to amend Part A(Erosion and Sediment Control Manual),amend Part D(Sidewalk&
Driveway Design& Construction Criteria), amend Part G(Water& Sanitary Sewer Standards&
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Technical Specifications) and to adopt Part J (Uniform Traffic Control Standards &
Specifications).
Mayor Jackson opened the Public Hearing at 7:16 p.m. No one spoke on the hearing and the
Public Hearing was closed at 7:17 p.m.
B. The.City of Cibolo City Council will hold a public hearing to hear public testimony concerning
the rezoning of approximately 177.22 acres located along and south of FM 78 between Country
Lane and Meadowview Estates (Deer Meadow and Golden Meadow), currently zoned C-3 and
FM 78 Overlay, to PUD (Planned United Development) to allow a mixed use development with
retail, service,office,multi-family residential and single-family residential uses.
Mayor Jackson opened the Public Hearing at 7:18 p.m. No citizens wish to speak and the Mayor
closed the Public Hearing at 7:18 p.m.
C. The City of Cibolo City Council will hold a public hearing to hear public testimony concerning
an update to the FM 78 Overlay District relative to Multi-Family Residential Development.
Mayor Jackson opened the Public Hearing at 7:19 p.m. NO citizen spoke and the Public Hearing
was closed at 7:19 p.m.
7. Consent Agenda—Consent Items(General Itemsl
A. Approval of the minutes of the Regular City Council Meeting held on February 11,2014.
B. Acceptance of the January 2014 Check Register pending final acceptance of the City's financial
audit for the 2013/14 Fiscal Year.
C. Acceptance of the Revenue & Expense Report ending January 31, 2014 pending final
acceptance of the City's financial audit for the 2013/14 Fiscal Year.
D. Approval of a Resolution authorizing City Council members and city staff to request an
investigation into any criminal misconduct by former members of City Council and city staff
and related issues associated with the Wal-Mart Development Project.
Councilman Carlton made the motion to approve the consent agenda. Motion was seconded by
Councilman Dunn. For: Council Members: Pedde, Garrett, Castro, Doty, Hogue, Carlton and
Dunn; Against:None. Motion carried 7 to 0. Tannya Steffen also spoke on item 7D and asked
all of council to be diligent in the investigation.
8. Staff Updates/Discussion
A. Street Department
B. Parks Department
C. Utility Department
D. Drainage Department
E. Administration
Mr. Fousse the Public Works Director gave an update and presentation on the major water leak
and the amount of water lost during the event.
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9. Presentation
A. Presentation of certificates to the Miss Cibolo contestants.
Mayor Jackson presented certificates to all the Miss Cibolo contestants.
10. Ordinance
A. Approval/Disapproval of an Ordinance amending the.City's Code of Ordinances Chapter 2,
Article IV Boards and Commissions to provide for the appointment of alternates to serve on the
Streets and Drainage Commission.
Councilman Dunn moved to approve the ordinance with a correction to Sec. 2-216 (a). Motion
was seconded by Councilman Pedde. For: Councilman: Garrett, Castro, Doty, Carlton, Hogue,
Pedde and Dunn;Against:None. Motion carried 7 to 0.
B. Approval/Disapproval of an Ordinance amending the City's Code of Ordinances Chapter 2,
Article IV Boards and Commissions to provide for the appointment of alternates to serve on the
Parks and Recreation Commission.
Councilman Carlton made the motion to approve the ordinance. Motion was seconded by
Council Dunn. For: Councilman Pedde, Garrett, Castro, Doty, Carlton, Hogue and Dunn;
Against:None. Motion carried 7 to 0.
11. Discussion/Action
A. Discussion/Action on the removal, appointments and re-appointments to Planning and Zoning
Commission, Parks Commission, Streets and Drainage Commission, Board of Adjustments
Commission, Capital Improvement Program (CIP), Cibolofest Committee and Cibolo
Economic Development Corporation.
Councilman Castro made the motion to appoint Mr. Gomez to the Animal Advisory Board.
Motion was seconded by Councilman Hogue. For: Councilman Pedde, Garrett, Castro, Doty,
Carlton, Hogue and Dunn; Against: None. Motion carried 7 to 0. Councilman Doty made the
motion to appoint Margi Buell, Melvin Hicks, Carol Alvarado, Tannya Steffen and Karina Hill
to the Cibolofest Committee. Motion was seconded by Councilman Castro. For: Councilman
Pedde, Garrett, Castro, Doty, Carlton, Hogue and Dunn; Against: None. Motion carried 7 to 0.
Councilman Castro made the motion to place Joel Hicks as an alternate to the Parks and
Recreation Commission. Motion was seconded by Councilman Doty. For: Councilman Pedde,
Garrett, Castro, Doty, Carlton, Hogue and Dunn; Against: None. Motion carried 7 to 0.
Councilman Carlton made the motion to appoint James Tibbetts as alternate#1 and Jim Russell
as alternate #2 to the Street & Drainage Commission. Motion was seconded by Councilman
Pedde. For: Councilman Pedde, Garrett, Castro, Doty, Carlton, Hogue and Dunn; Against:
None. Motion carried 7 to 0.
B. Discussion/Action and authorization for the City Manager to enter into a contract with RVK
Architects for Architectural Services to combine the renovation of the 1916 school building for
City offices and to design and construct the Community Event Center on the same site.
Councilman Pedde made the motion to authorize the City Manager to enter into a contract with
RVK Architects for Architectural Services to combine the renovation of the 1916 school
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building for City offices and to design and construct the Community Event Center on the same
site. Motion was seconded by Councilman Carlton. For: Councilman Pedde, Garrett, Castro,.
Doty,Carlton,Hogue and Dunn;Against:None. Motion carried 7 to 0.
C. Discussion and action regarding an update to the FM 78 Overlay District relative to Multi-
Family Residential Development.
Councilman Doty made the recommendation to approve the update to the Fm 78 Overlay
District relative to Multi-Family Residential Development. Motion was seconded by
Councilman Castro. For: Councilman Pedde, Garrett, Castro, Doty, Carlton, Hogue and Dunn•,
Against:None. Motion carried 7 to 0.
D. Discussion/Action regarding the rezoning of approximately 177.22 acres located along and south
of FM 78 between Country Lane and Meadowview Estates(Deer Meadow and Golden
Meadow),currently zoned C-3 and FM 78 Overlay,to PUD(Planned United Development)to
allow a mixed use development with retail,service,office,multi-family residential and single-
family residential uses.
This item was pulled by the applicant.
E. Discussion/Action regarding the Final Plat of.Cibolo Summit Unit 1.
Councilman Doty made the motion to approve the Final Plat of Cibolo Summit Unit 1. Motion
was seconded by Councilman Carlton. For: Councilman Pedde, Garrett, Castro, Doty, Carlton,
Hogue and Dunn;Against:None. Motion carried 7 to 0.
F. Discussion/Action regarding the Final Plat of Landmark Pointe Phase 3.
Councilman Doty made the motion to approve the Final Plat of Landmark Pointe Phase 3.
Motion was seconded by Councilman Carlton. For: Councilman Pedde, Garrett, Castro, Doty,
Carlton,Hogue and Dunn;Against:None. Motion carried 7 to 0.
G. Discussion/Action regarding the Preliminary Plat of Pat-Tom Subdivision Cibolo Center No. 1.
Councilman Pedde moved to approve the Preliminary Plat of Pat-Tom Subdivision Cibolo
Center No. 1. Motion was seconded by Councilman Dunn. For: Councilman Pedde, Garrett,
Castro,Doty,Carlton,Hogue and Dunn;Against:None. Motion carried 7 to 0.
H. Discussion/Action regarding the Preliminary Acceptance of Mesa at Turning Stone Unit 2
Subdivision.
Councilman Carlton moved to approve the Preliminary Acceptance of Mesa at Turning Stone
Unit 2 Subdivision with the following public improvements: Water: 1,202 lineal feet with a
valuation of $78,251.00, Sanitary Sewer: 1,014 lineal feet with a valuation of $80,750.00,
Drainage: 157 lineal feet with a valuation of$17,638.71 and Public Streets: None(All streets in
N-2 are private, HOA owned and maintained). Motion was seconded by Councilman Doty.
For: Councilman Pedde, Garrett, Castro, Doty, Carlton, Hogue and Dunn; Against: None.
Motion carried 7 to 0.
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I. Discussion/Action and direction to staff on creating a Cibolo Youth Council.
This item was discussed and a resolution will be brought back to the next council meeting.
J. Discussion/Update on the Wal-Mart platting process.
Rudy Klein the City Engineer gave council a briefing on the process. All plans have been
approved.Wal-Mart still obtaining signatures on the Mylar once completed they will give to the
City for P&Z signature and Mayors signature. There are still fees to be paid. A contractor had
not yet been selected they hope to have that done by March 1 and pay the rest of the fees. Ms.
Steffen also had signed up to speak on this item. She stated by some of the e-mails received
from open records that variances had been made for lighting and parking spaces and asked that
council get involved in the review.
K. Discussion/Action on requiring staff to obtain city council approval of each site plan for which
an application for approval has been submitted prior to final approval and signature by the City's
Zoning Administrator or City Manager.
Majority of council felt that this was an item that would be address at the Joint Council/Planning
& Zoning Workshop. Mr. Doty made the motion to approve the item as presented by
Councilman Garrett. Motion was seconded by Councilman Carlton. For: Councilman Garrett:
Against: Councilman Pedde, Castro, Doty, Carlton and Dunn; Abstain: Councilman
Hogue. Motion failed to pass 1 to 5 with 1 abstention.
L. Discussion/Action for the City of Cibolo to pursue the ownership of Spur 539 right-of-way and
roadway by passing a resolution of the City Council requesting the Texas Transportation
Commission declares this property as surplus and transferring the property to the City of Cibolo.
Council discussed this item including using it as a major tool to negotiate with TXDot on FM
1103. Councilman Doty made recommendation to bring a resolution back to council for
approval. Motion was seconded by Councilman Carlton. For: Councilman Pedde, Garrett,
Castro,Doty, Carlton,Hogue and Dunn; Against:None. Motion carried 7 to 0. There were two
citizens that also spoke on this item. Pat O'Brien stated that the City has looked at this since
early 2000 due to several drainage issues in the downtown area. Steve Liparoto also spoke about
the drainage that needs to be done but unable to accomplish due to Spur 539 belonging to
TXDot. Some of the items were drainage at the Fire Station, Old School Building and the street
light at Spur 539 and Main that is located in a drainage ditch.
M. Discussion/Update on the City Newsletter.
Mayor Jackson gave a update on the Cibolo Newsletter.
N. Discussion/Action and direction to staff on all Boards, Commission and Committee Meetings
that take place Monday thru Friday to start no sooner than 6:00 p.m.
Mayor Jackson stated that she was disappointed that David Peacock resigned from the EDC.
The reason for changing the time of meetings was at the request of several citizens that wanted
to attend meetings but unable to do so as some meetings were held during normal work hours.
The citizens have talked about transparency and getting involved in the committees and
commission and council needs to look at ways that they can accomplish that goal.
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O. Update on the Feb 23/24 Cibolo BBQ Cook Off.
Councilman Hogue thanked everyone that was involved in the BBQ Cook Off. Preliminary
numbers show that both the Miss Cibolo and the Police Explorers will each get a check for
$1,073.00 from the event.
P. Discussion/Action on the review and confirmation of all upcoming special meetings and
workshops and scheduling the time,date,and place of additional special meetings or workshops.
Council went over the calendar for February and March 2014.
12. Ordinance
A. Approval/Disapproval of an Ordinance by the City of Cibolo amending Article 4.7.4.5 of the
City of Cibolo Ordinance No. 1048, commonly referred to as the City of Cibolo Unified
Development Code (UDC), pertaining to the regulation of multi-Family Residential
Development in the FM 78 mixed use Overlay District.
Councilman Hogue made the motion to approve the Ordinance by the City of Cibolo amending
Article 4.7.4.5 of the City of Cibolo Ordinance No. 1048, commonly referred to as the City of
Cibolo Unified Development Code (UDC), pertaining to the regulation of multi-Family
Residential Development in the FM 78 mixed use Overlay District. Motion was seconded by
Councilman Carlton. For: Councilman Pedde, Garrett, Castro,Doty, Carlton, Hogue and Dunn;
Against:None. Motion carried 7 to 0.
13. Resolution
A. Approval/Disapproval of a Resolution by the City of Cibolo City Council request the State of
Texas,acting by and through its.Texas Transportation Commission to declare certain portions of
land that were out of and a part of an existing old county road that merged in use with State right
of way which are portions of FM Road 78 and are now known as Loop 539 to be declared
surplus and be conveyed to the City of Cibolo and removed from the State Highway System.
Councilman Pedde made the motion to approve the.resolution with correction by the City of
Cibolo City Council request the State of Texas, acting by and through its Texas Transportation
Commission to declare certain portions of land that were out of and a part of an existing old
county road that merged in use with State right of way which are portions of FM Road 78 and
are now known as Loop 539 to be declared surplus and be conveyed to the City of Cibolo and
removed from the State Highway System. Motion was seconded by Councilman Carlton. For:
Councilman Pedde, Garrett, Castro, Doty, Carlton, Hogue and Dunn; Against: None. Motion
carried 7 to 0.
14. Presentation
A. Presentation and discussion on Racial Profiling and the Cibolo Police Department Annual
Report.
Chief Cox gave a presentation on Racial Profiling. The rest of the presentation will be
completed the last council meeting in March.
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15. City Council request(s)regarding specific items to be scheduled for future agendas.
Councilman Dunn requested a review of the Organization Structure. Councilman Pddde wanted to
know when the Gary Kelly Award would be presented.
16. Adjournment:
Councilman Carlton made the motion to adjourn the meeting at 10:15 p.m. Motion was seconded by
Councilman Hogue. For:All; Against:None. Motion carried 7 to 0.
PA ED AND APPROVED THIS 11TH DAY OF MARCH 2014
Lisa M.Ja on
Mayor
ATTEST:
Peggy Cimics,TRMC
City Secretary
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