Min CC 02/14/2006 REGULAR CITY COUNCIL MEETING
- 200 S. Main
February 14, 2006
7:00 P.M.
MINUTES
1. Call to Order—Mayor Sutton called the meting to order at 7:03 P.M.
2. Roll Call—
Councilwoman Hartman
Councilman Kelly
Councilman Ramcharan
Councilman Campbell
Councilman Troncoso—arrived at 7:05 P.M.
3. Invocation
Councilman Campbell gave the invocation.
4. Pledge of Allegiance
Councilman Kelly 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).
No citizens signed up to speak
6. 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 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 Regular City Council meeting held on January 10,2006.
B. Approval of the minutes of the Regular City Council meeting held on January 24,2006.
C. Approval on the minutes of the Special City Council meeting held on February 7,2006.
D. Acceptance of the check register for January 2006 pending final acceptance of the City's final audit for the
2006 Fiscal Year.
Councilman Kelly moved to approve consent agenda. Seconded by Councilman Ramcharan. For: All,
Against: None
7. Discussion Only
A. Update to the City Council from the Business Development Committee and the Parks & Recreation
Commission.
Councilman Kelly moved to table this item and it was seconded by Councilman Troncoso. For: All,Against:
None
B. Receive a report from the Canyon Regional Water Authority (CRWA) regarding the planned refinancing
of CRWA's outstanding debt. (Staff)
Mr. David Davenport, General Manager of the Canyon Regional Water Authority report to council on their
tentative plans to refinance its current debt. The Board of Managers for CRWA has recommended that the
Board of Directors authorize the refinancing of the debt provided that a minimum savings of$4 million would
be achieved. The savings realized through the refinancing of the debt could be used to either reduce the debt
burden or create room to issue additional debt for new expansion and capital projects.
C. Receive a report and provide direction to City Staff regarding the revisions to the City of Cibolo Personnel
Policy Manual. (Staff)
Todd Parton, City Manager briefed council on the need to update the Personnel Policy Manual. This manual
-has not been revised since the city became a Home Rule City. Annotations have been made by the City
Attorney and staff is still going over those items. Council and the City Manager discussed several items from
the policy. Councilman Troncoso stated that we should add to the policy that the city will require a driver's
license check prior to hiring. Councilman Kelly would like to see a change in Section 3.02 Deviations from
Policies. No deviation from the Personnel Policy Manual will be made without prior approval of the City
Manager. Mayor Sutton stated that he would like to have better clarifications on Section 3.01 Organization of
Personnel. Staff will look at all annotations and suggested changes and bring back to council at a later date.
D. Receive a report from City Staff regarding the potential construction of the Town C eek West Watershed
wastewater outfall line. (Staff)
City Manager, Todd Parton provided an update on the Town Creek West Sanitary Sewer Outfall Line project.
There has been a substantial amount of interest by the development community and the City of Schertz to
consider the construction of a line that has substantially more capacity then Cibolo was originally planning.
Cibolo does not have the funds readily available to construct this ultimate line. Additional funding could
come from developer participation in addition to the $187,000 in bond funding that the City has already
acquired. Mr. Parton did brief council that development community is currently working on a cost-
sharing/cooperative agreement for the construction of the line. Cibolo could be considered a participant in this
project. Both Cibolo's and Schertz' city engineers will be meeting to determine the feasibility and cost of this
project. Council directed staff to proceed to determine whether the proposed regional line is feasible.
E. Discussion and direction to City Staff regarding entering into a franchise agreement between the City of
Cibolo and Green Valley Special Utility District(GVSUD). (Staff)
The City Manager briefed council on the possible franchise agreement with GVSUD. This agreement would
be for the City streets and related infrastructure by GVSUD and would provide for the payment of up to 2%of
GVSUD's gross sales within the City of Cibolo. Based on GVSUD's current sales in Cibolo, the City would
see a franchise fee payment in the amount of$2,000 to$2,500 per month. After several minutes of discussion
about the use of the infrastructure and how to designated funds council directed staff to continue discussion
with GVSUD.
F. Receive a report from the City Engineer and provide direction to City staff regarding the design status and
project timelines/schedules for certain planned capital improvements by the City of Cibolo. (Kelly)
Councilman Kelly moved to table this item till later in the meeting. Seconded by Councilman Troncoso. For:
All,Against: None.
Mr. Rudy Klein, City Engineer arrived and presented a report on the timelines of the Cibolo Capital
Improvement Projects. Town Creek Drainage and Dobie Creek Drainage construction is estimated to start on
April 24, 2006. Town Creek Sewer Outfall construction is scheduled start date is late June 2006. After
several minutes of discussion council wanted to add an option to the bid on Dobie Creek Drainage Project to
add a pedestrian bridge across the Falcon Ridge drainage channel..
8. Discussion/Action General
A. Discussion/Action on appointments to 5-Year CIP Sub-Committees and all other Cibolo Commissions and
Committees with a current vacancy. (Staff)
Mr. Timithy Wells addressed the council on his desire to join the Parks and Recreation Commission. He was
interested in getting involved with the parks and to work with the City, families and children in the city to
make the city parks a better and safer place for the community. Councilman Kelly moved to appointment Mr.
Timithy Wells to the Parks and Recreation Commission. Motion was seconded by Councilwoman Hartman.
For: All,Against: None.
B. Discussion/Action on hearing the"Petition Requesting Annexation"filed by Mr.James R.Hardy,
President and Agent of LLB Cibolo Vista Partner,L.P.,regarding the proposed annexation of 20.384 acres
of land situated in the Sexto Dominguez Survey No. 152,Abstract No. 110, Guadalupe County, and
located approximately 600 feet to the north of the intersection of F.M. 1103 and Weil Road. This tract of
land is adjacent to a 48 acre tract of land that is owned by the same entity that was previously been
annexed into the City of Cibolo. (Staff)
Councilman Kelly moved that the City Council grant the"Petition Requesting Annexation"filed by Mr.James
R.Hardy on February 3,2006 regarding a 62.4139 acre tract of land owned by him.Motion was seconded by
Councilman Troncoso. For: All,Against: None.
C. Discussion/Action on hearing the"Petition Requesting Annexation"filed by Mr.Thomas K. Chapman
with Mustang 51,Ltd regarding the proposed annexation of 62.4139 acre tract out of a 74.0969 acre tract
of land out of James W. Gray Survey No.255,Abstract No. 194,as recorded in Volume 45,Page 70,
Deed Records of Guadalupe County, and located approxnnately 2,150 feet east of the intersection of F.M.
1103 and Green Valley Road. (Staff)
Councilman Troncoso moved that the City Council grant the Petition Requesting Annexation filed by Mr.
Thomas K. Chapman on February 7,2006 regarding a 20.384 acre tract of land owned by LLB Cibolo Vista
Partner,L.P. Motion seconded by Councilman Campbell. For: All,Against: None
D. Discussion/Action on consideration of establishing a different date for the March 28 &May 9, 2006 City
Council Meetings. (Troncoso)
Councilman Troncoso informed council that he had work conflicts with the Council Meetings that are
presently scheduled for March 28, 2006 and May 9, 2006 and he would like to see if those meeting could
possibly be moved to another date so he could attend. All council members check their schedules and
concluded that they would move the March 28 meeting to Thursday, March 30, 2006 and the May 9 meeting
would be scheduled for Thursday, May 11, 2006. Councilman Kelly moved to approve the new dates of
March 20, 2006 and May 11, 2006. Motion was seconded by Councilwoman Hartman. For: All, Against:
None.
E. Discussion/Action regarding participating with Guadalupe County on a capital project to apply a one-inch
(1")asphalt overlay on Dietz Road. Said participation to include a fifty percent(50%) share in the cost of
the overlay project and the completion of other roadway improvements by Guadalupe County on Borgfeld
Road. (Staff)
City Manager, Todd Parton briefed council on this project. Guadalupe County has made an offer for the
cooperative efforts of both Cibolo and the County for an asphalt overlay of Dietz Road. A quote of$40,000
has been received for this project. The County proposes to split the cost evenly between the City and to
provide striping for Borgfeld and Main Streets. The County also proposes to provide striping on Dietz Road.
After a brief discussion Councilman Kelly moved to approve the$20,000(Cibolo's cost)for the asphalt overly
of Dietz Road. Motion was seconded by Councilman Campbell. For: All,Against: None.
F. Discussion/Action on an agreement between the Now Braunfels Humane Society and the City of Cibolo to
provide services for the housing, boarding and keeping of animals collected by the City of Cibolo in
enforcement of its animal ordinances that prohibit animals from running at large and in fulfilling its
responsibilities to collect stray animals in the City of Cibolo. (Staff)
The agreement with New Braunfels Humane Society and the City of Cibolo was briefed by Todd Parton.
After several minutes of discussion Councilman Troncoso moved to approve the agreement. Motion was
seconded by Councilman Campbell. For: All,Against: None.
G. Discussion/Action to approve or disapprove a change order in the amount of$43,041 for ASC Paving for
work completed on the 16" Water Transmission Main Project. Said change order is for an increase of
approximately thirteen percent(13%)from the original contract price of$347,010.85. (Staff)
Councilman Kelly moved to approve the change order for ASC Paving. Motion was seconded by Councilman
Troncoso. For: All,Against: None
H. Discussion/Action on Budget Amendments for the FY 2006 year budget to provide funding and fund
allocations for certain capital improvements projects. (Staff)
Motion to table this item until after Rudy Klein, City Engineer presents his update was made by Councilman
Troncoso. Motion seconded by Councilwoman Hartman. For: All,Against: None
City Manager, Todd Parton briefed council on the amendments to the FY 2006 budget. This budget
amendment will allow the City to proceed with the projects pursuant to the capital projects list created for the
issuance of 2006 Tax Notes and 2006 Revenue Bonds. Councilman Kelly moved to accept the budget
amendments and to proceed with the projects from the capital project list except for the 16"water line project.
Motion was seconded by Councilman Campbell. For: All,Against: None.
I. Discussion/Action on a Development Agreement between Newmark Homes, L.P., and the City of Cibolo
for the construction of a 16" water line generally located along Wiedner Road and pertaining the
development on a site containing approximately 75 acres and being located on the south side of Green
Valley Road,approximately 1,500 feet west of FM 1103. (Staff)
Councilman Kelly moved to table this item until the February 28, 2006 Council Meeting. Motion was
seconded by Councilwoman Hartman. For: All,Against: None.
J. Discussion/Action regarding the Order of Election for the May 13,2006,Election. (Staff)
After a briefed discussion council decided to recess for 10 minutes so the city secretary could make a few
adjustments to the wording and dates of the Order of Election. Council reconvened at 8:43 P.M. Councilman
Kelly moved to approve the revised Order of Election. Motion was seconded by Councilman Campbell. For:
All,Against: None.
K. Discussion/Action regarding the creation of an employment position to be titled Assistant to the City
Manager/Development Services Coordinator within the Development Services Department and to report
to the City Manager. (Staff)
City Manager briefed Council on this new position and the job description. Councilman Kelly mavod to
approve the establishment of this new position and proceed with the hiring process immediately. Motion was
seconded by Councilman Ramcharan. For: All,Against: None.
L. Approval/Disapproval of creating an employment position to be titled Infrastructure Compliance Inspector
within the Development Services Department and to report to the Chief Building Inspector. (Staff)
After a brief discussion Councilman Kelly moved to create this position and authorize the City Manager to
proceed with the hiring process immediately. Motion was seconded by Councilwoman Hartman. For: All,
Against: None.
M. Discussion/Action regarding the initiation of annexation proceedings for the involuntary annexation of a
630.427 acre tract of land generally located on the west and east sides of F.M. 1103 and to the south of
Green Valley Road; a 215.940 acre tract of land generally located between F.M. 1103 and Dean Road and
south of Old Wiederstein Road; a 7.126 acre tract,of land generally located on the south side of F.M. 1103
and immediately abutting the western boundary of the Town Creek Village subdivision; and a 23.779 acre
tract of land generally located on the north side of Green Valley Road and approximately 4,000 feet east of
F.M. 1103. (Staff)
Councilman Troncoso moved to approve the initiation of annexation proceeding for the involuntary
annexation along FM 1103. Motion was seconded by Councilman Campbell. For: All,Against: None.
9. Ordinances
A. Approval/Disapproval of an Ordinance adopting budget amendments for the FY 2006 year budget to
provide funding and fund allocations for certain capital improvements projects. (Staff)
Councilman Troncoso moved to approve the ordinance adopting budget amendments for the FY 2006 year
budget. Motion was seconded by Councilwoman Hartman. For: All,Against: None
B. Approval/Disapproval of an Ordinance to replace and repeal the City's Animal Control Ordinance #608.
(Staff)
Councilman Hartman moved to table this item to insure the City is in compliance with State Law. Motion was
seconded by Councilman Kelly. For: All,Against: None.
C. Approval/Disapproval of an Ordinance setting dates, times and place for public hearings on the proposed
annexation by the City of Cibolo of 3.500 acres of land out of a 41 acre tract of land out of the J. Leal
Survey, Abstract 210, as described in Volume 700, Page 981 of the Official Public Records of Guadalupe
County and located immediately to the south of F.M. 1103; authorizing and directing the publication of
the notice of such public hearings. (Staff)
Councilman Kelly moved to approve the setting of date,time and place for the public hearing on the proposed
annexation of 3.500 acres of land located immediately to the south of F.M. 1103 for March 7, 2006 at 7:00
P.M. at the Cibolo City Hall, 200 S. Main. Motion was seconded by Councilman Troncoso. For: All, _
Against: None.
D. Approval/Disapproval of an Ordinance setting dates, times and place for public hearings on the proposed
annexation by the City of Cibolo of 20.3 84 acres of land situated in the Sexto Dominguez Survey No. 152,
Abstract No. 110, Guadalupe County, and located approximately 600 feet to the north of the intersection
of F.M. 1103 and Weil Road; authorizing and directing the publication of the notice of such public
hearings, calling for Public Hearings for the annexation of certain tracts of land generally located along
FM 1103. (Staff)
Councilman Troncoso moved to approve the setting of date, time and place for the public hearing on the
proposed annexation of 20.3 84 acres of land located approximately 600 feet to the north of the intersection of
F.M. 1103 and Weil Road for March 7, 2006 at 7:00 P.M. at the Cibolo City Hall, 200 S. Main. Motion was
seconded by Councilman Campbell. For: All,Against: None.
E. Approval/Disapproval of an Ordinance setting dates, times and place for public hearings on the proposed
annexation by the City of Cibolo of a 62.4139 acre tract of land out of a 74.0969 acre tract of land out of
James W. Gray Survey No. 255, Abstract No. 194, as recorded in Volume 45, Page 70, Deed Records of
Guadalupe County, and located approximately 2,150 feet to the east of the intersection of F.M. 1103 and
Green Valley Road;authorizing and directing the publication of the notice of such public hearings. (Staff)
Councilman Campbell moved to approve the setting of date, time and place for the public hearing on the
proposed annexation of 62.4139 acres of land located approximately 2,150 feet to the east of the intersection
of F.M. 1103 and Green Valley Road for March 7, 2006 at 7:00 P.M. at the Cibolo City Hall, 200 S. Main.
Motion was seconded by Councilman Troncoso. For: All,Against: None.
F. Approval/Disapproval of an Ordinance setting dates, times and place for public hearings on the proposed
annexation by the City of Cibolo of a 630.427 acre tract of land generally located on the west and east
sides of F.M. 1103 and to the south of Green Valley Road; a 215.940 acre tract of land generally located
between F.M. 1103 and Dean Road and south of Old Wiederstein Road; a 7.126 acre tract of land
generally located on the south side of F.M. 1103 and immediately abutting the western boundary of the
Town Creek Village subdivision; and a 23.779 acre tract of land generally located on the north side of
Green Valley Road and approximately 4,000 feet east of F.M. 1103; authorizing and directing the
publication of the notice of such public hearings. (Staff)
Councilman Kelly moved to approve the setting of date,time and place for the public hearing on the proposed
annexation of 630.427 acre tract of land generally located on the west and east sides of F.M. 1103 and to the
south of Green Valley Road; a 215.940 acre tract of land generally located between F.M. 1103 and Dean Road
and south of Old Wiederstein Road; a 7.126 acre tract of land generally located on the south side of F.M. 1103
and immediately abutting the western boundary o the Town Creek Village subdivision; and a 23.779 acre tract
of land generally located on the north side of Green Valley Road and approximately 4,000 feet east of F.M.
1103; for March 7, 2006 at 7:00 P.M. at the Cibolo City Hall, 200 S. Main. Motion was seconded by
Councilman Campbell. For: All,Against: None.
10. Resolutions
A. Approval/Disapproval of a resolution to apply for a Governor's Criminal Justice Division 421 Grant for
the City of Cibolo Police Department for FY 2006. (Staff)
Police Chief,Mark Riffe briefed council on what type of equipment was purchased by the grant. Councilman
Kelly moved to approve the resolution to apply for a Governor's Criminal Justice Grant for FY2006. Motion
was seconded by Councilman Troncoso. For: All,Against: None.
B. Approval of a resolution designating the Official Newspaper for the City of Cibolo. (Staff)
After a brief discussion Councilman Campbell moved to approve a resolution designating the Herald as the
Official Newspaper for the City of Cibolo. Motion was seconded by Councilman Kelly. For: Council
members Kelly,Hartman, Campbell&Troncoso,Against: Councilman Ramcharan. Item passed 4 to 1.
11. Staff Updates
A. Status of official map
B. Future agenda items
Todd Parton, City Manager briefed council on the above item. Mayor Sutton requested an executive session be put
on the February 28,2006 agenda for possible discussion on the recall.
12. Adjournment
Councilman Kelly moved to adjourn at 10:06 P.M. Motion was seconded by Councilman Campbell. For: All,
Against: None
PASSED AND APPROVED THIS 28TH DAY OF FEBRUARY 2006/tton John
May
ATTEST:
Peggy Cimics
City Secretary