Min CC 11/13/2018OF C'&
R O
�r o
-aw.i Chard
CITY COUNCIL MEETING
CTBOLO MUNICIPAL BUILDING
200 S. Main
November 13, 2018
6:30 p.m.
Call to Order — Meeting was called to order at 6:34pm by Mayor Pro -Tem Russell.
2. Roll Call and Excused Absences — Council Present: Council Members: Schultes, Garrett, Byrd, Gibbs, Russell
and Hicks; Council Absent: Mayor Boyle. Councilman Hicks made the motion to excuse the absence of Mayor
Boyle. Motion was seconded by Councilwoman Schultes. For: All; Against: None. Motion carried 6 to 0.
Invocation — Invocation was given by Councilman Gibbs.
4. Pledge of Allegiance —The Pledge of Allegiance wasted by Boy Scout Pack 51.
S. Presentation
A. Presentation of 10 Year Service Award to Chris Ybarra.
City Manager Mr. Herrera presented a 10 Year Service Award to Chris Ybarra from the Police Department.
B. Proclamation for Municipal Court Month.
Councilman Hicks read the Proclamation for Municipal Court Month. Mayor Pro -Tem Russell and City
Manager Herrera presented the Proclamation to Cibolo Municipal Court Judge Phillips and Court Clerks
Tonya Fullenwider and Yolanda Avila.
C. Proclamation for National American Indian Heritage Month.
Mayor Pro -Tem Russell read the Proclamation for National American Indian Heritage Month and both he and
Mr. Herrera presented the Proclamation to the Traditional American Indian Society.
D. Proclamation for National Diabetes Month.
Councilwoman Schultes read the Proclamation for National Diabetes Month. Mayor Pro -Tem Russell and
Mr. Herrera presented the Proclamation to Ms. Spencer.
Citizens to be Heard
This is the only time during the Council Meeting that a citizen can address the City Council. It is the opportunity
for visitors and guests to address the City Council on any issue to include agenda items. All visitors wishing to
speak must fill out the Sign -In Roster prior to the start of the meeting. 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. (Attorney General Opinion — JC -0169) (Limit of
three minutes each.) All remarks shall be addressed to the Council as a body, and not to any individual member
thereof. Any person making personal, impertinent, or slanderous remarks while addressing the Council may be
requested to leave the meeting.
The following individuals spoke during Citizens to be Heard: Tim Woliver thanked everyone that helped and
those that attended the inaugural Cibolo Veterans Day Ceremony. Cindy Spencer thanked Alex and Francisco
from the Parks Department for the help they provided for the Veterans Ceremony. She also wanted to find out
more about the financial assistance Cibolo will be paying Schertz for seniors that use the Senior Center. Ms.
Spencer also questioned some activity that is supposed to take place in Dec. with a movie and a bon fire. This
event was not brought at City Council and wanted to know where it can from and who authorized the event since
it is taking place on City owned property. Larry Johnston is in opposition over the annexation that is being
considered and he feels that the City should at everything. Mr. Johnston also feels that the citizens should have a
right to vote on the annexation. Maggie Titterington thanked Cibolo for participating in the Balloon Skylight.
Ms. Titterington also went over upcoming events. Gayle Cagianut appreciated the time the city gave for the
annexation meeting for November 20'. Was upset about only having 72 hours' notice of tonight's meeting with
items 9A & B discussing annexation. Leon, Abel & David Diaz all spoke against annexation. Mark Allen
thanked everyone that had voted for him during the November elections.
Consent Agenda — Consent Items (General 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 Regular City Council Meeting held on October 23, 2018.
B. Approval of the September 2018 Check Register pending final acceptance of the City's financial audit for the
2017/2018 Fiscal Year.
C. Approval of the September 2018 Revenue and Expense Report pending final acceptance of the
City's Financial audit for the 2017/2018 Fiscal Year.
D. Approval of the September 30, 2018 quarterly Investment Report pending final acceptance of the City's
Financial audit for the 2017/2018 Fiscal Year.
Councilman Garrett made the motion to approve the consent agenda. Motion was seconded by Councilman
Byrd. For: All; Against: None. Motion carried 6 to 0.
8. Staff Updates/Discussion
A. Fire Department
B. IT Department
C. Planning & Engineering Month
D. Administration — Leigh Ann Rogers gave a presentation on the Veterans Day Event.
Discussion/Action
A. Receive a briefing from the City Attorney concerning what constitutes a Tier 1 and a Tier 2 community and
the potential impact to the City of Cibolo, Texas and ftrture annexations.
City Attorney Mr. Frank Garza gave a power point presentation of what constitutes a Tier I and Tier 2
community. Council had the opportunity to ask questions. Councilman Gibbs requested that this item be
brought back at a later date after council had more time to digest and look more into this matter.
B. Discussion/Action on annexation and the City of Cibolo's Interlocal Cooperation Agreement with Guadalupe
County for Subdivision Regulations with in the Extraterritorial Jurisdiction of the City of Cibolo.
Councilman Hicks stated that he had brought this to council after talking with Judge Kutscher and a couple
commissioners. His understanding was they thought Cibolo had the right to control building within their
ETJ. The City Attorney Mr. Garza stated that State Law did not let cities control building in the ETJ unless
for water quality. Mr. Garza did quote a couple cases of law that covered this subject. Mr. Garza will check
with the City of Sequin and Guadalupe County on cases in those cities.
C. Discussion/Action authorizing the City Manager to enter into an agreement to provide financial assistance to
the City of Schertz for operational expenses associated with Cibolo residents who participate with the Schertz
Area Senior Center.
There was a lot of discussion by council on this item. Council wanted to know how many Cibolo citizens
actually use the facility. They also wanted to know what services were being offered. Councilman Garrett
made the motion to table the item until council can receive a presentation on the Schertz Area Senior Center.
Motion was seconded by Councilman Byrd. For: Councilmembers: Schultes, Garrett, Byrd, Russell and
Hicks; Against: None; Abstain: Councilman Gibbs.
D. Discussion/Action on the acquisition of the property at Pfiel Road and Main Street owned by Union Pacific
Railroad at a price of $32,234.50 and authorizing the City Manager to execute all necessary and required real
estate documents.
Councilwoman Schultes made the motion to authorize the acquisition of the property at Pfiel Road and Main
Street owned by Union Pacific Railroad at a price of $32,234.50 and authorizing the City Manager to execute
all necessary and required real estate documents. Motion was seconded by Councilman Garrett. For:
Councilmembers: Schultes, Garrett, Byrd, and Russell, Against: Councilmembers: Gibbs and Hicks. Motion
carried 4 to 2.
E. Discussion/Action to authorize the City Manager to enter into a professional services contract with CDS
Muery Engineers and to designate this firm as a City Engineer for the City of Cibolo.
Councilman Gibbs made the motion to authorize the City Manager to enter into a professional services
contract with CDS Muery Engineers and to designate this firm as a City Engineer for the City of Cibolo.
Motion was seconded by Councilwoman Schultes. For: All; Against: None. Motion carried 6 to 0.
F. Discussion/Action to authorize the City Manager to enter into a professional services agreement with the
Riveron Corporation to supply easement, rights -of way, and real property acquisition services for the Town
Creek Drainage/Haeckerville Road Reconstruction Project.
Councilman Garrett made the motion to authorize the City Manager to enter into a professional services
agreement with the Riveron Corporation to supply easement, rights -of way, and real property acquisition
services for the Town Creek Drainage/Haeckerville Road Reconstruction Project. Motion was seconded by
Councilman Hicks. For: All; Against: None. Motion carried 6 to 0.
G. Discussion/Action to authorize the City Manager to make roadway construction material purchases in the
amount of $175,000 for asphaltic base materials, $175,000 for hot -mix asphalt, and $30,000 in roadway base
materials, using the Texas State Comptroller's Texas Smart Buy Purchasing Cooperative.
Councilman Gibbs made the motion to authorize the City Manager to make roadway construction material
purchases in the amount of $175,000 for asphaltic base materials, $175,000 for hot -mix asphalt, and $30,000
in roadway base materials, using the Texas State Comptroller's Texas Smart Buy Purchasing Cooperative.
Motion was seconded by Councilwoman Schultes. For: All; Against: None. Motion carried 6 t 0.
H. 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 calendars for November and December 2018.
10. Resolution
A. Approval/Disapproval of a Resolution of the City of Cibolo regarding a Finance Agreement for the purpose
of financing vehicles, heavy equipment and miscellaneous equipment.
Councilman Byrd made the motion to approve the Resolution of the City of Cibolo regarding a Finance
Agreement for the purpose of financing vehicles, heavy equipment and miscellaneous equipment. Motion was
seconded by Councihnan Gibbs. For: All; Against: None. Motion carried 6 to 0.
11. Ordinances
A. Approval/Disapproval of an Ordinance of the City of Cibolo, providing for the First Amendment of the
Budget for the Fiscal Year 2018-2019, beginning October 1, 2018 and ending September 30, 2019.
Councilman Garrett made the motion to approve the Ordinance of the City of Cibolo, providing for the First
Amendment of the Budget for the Fiscal Year 2018-2019, beginning October 1, 2018 and ending September
30, 2019. Motion was seconded by Councilman Russell. For: Councihnembers: Schultes, Garrett, Byrd,
Gibbs and Russell; Against: Councilman Flicks. Motion carried 5 to 1.
12. Adjournment
Councilman Garrett made the motion adjourn the meeting at 8:59pm. Motion was seconded by Councilman
Russell. For: All; Against: None. Motion carried 6 to 0.
PASSED AND APPROVED THIS I ITo DAY OF DECEMBER 2018.
ATTEST:
Peggy Cimics, TRMC
City Secretary