Min CC 10/11/2005 REGULAR CITY COUNCIL MEETING
CIBOLO MUNICIPAL BUILDING
200 S.MAIN
October 11,2005
7:00 P.M.
AUNUTES
1. Call to Order—Mayor Sutton called the meeting to order at 7:08 P.M.
2. Roll Call—
Councilwoman Hartman
Councilman Kelly
Councilman Ramcharan was absent
Councilman Campbell
Councilman Troncoso
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)
Kim Hartner spoke about the drainage on Navajo Circle.
Ray Thomas spoke in favor of the proposed bond program.
Guadalupe County Commissioner Jim Wolverton rebutted comments made by Mr. Harvey Hild, Cibolo-area resident, in the
Citizens to be Heard portion of the City Council meeting of September 27,2005.
Tex Farnsworth commented on various issues facing the City of Cibolo and spoke in favor of the proposed bond program and in
support of the FY 2006 budget.
The following citizens spoke in favor of the church request,item 8A
David Dorough Joseph Cardenas Karen Cardenas
Dudley Wait AJ Goldman Susan Cardenas
Gerald&Cheryle Gonzalez Darren Hooper A.Haberman
Robert Cavazos Ken Rogers Robbie Fox
Jennifer Cardenas Scott Sanford Lewis Cardenas
Michael Banker Ben Jones Conner Dora
Cedric Edwards
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 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 September 27,2005.
B. Acceptance of the check register for June 2005 pending final acceptance of the City's final audit for the
2005 Fiscal Year.
Councilman Campbell moved to approve the consent agenda items. Seconded by Councilman Troncoso. For:All,
Against: None.
7. Discussion/Action—Builder Items
A. Consideration/Action of a developer petition for Preliminary Acceptance of Public Improvements for Bentwood
Ranch Subdivision,Unit 4.(Staff)
Councilman Kelly moved to approve the petition with the following stipulations: (1) that the off-site drainage
improvements specified in the approved construction plans for the subdivision be completed, (2) that a performance
bond be posted for the off-site drainage improvements,and(3)that no permits were to be issued until such time that the
off-site drainage improvements were ready to accept storm water. Seconded by Councilwoman Hartman. For: All,
Against: None.
8. New Business
A. Consideration/Action for direction to City staff regarding a request by the Fellowship Christian Church for
amendments to the provisions for Temporary Uses of the City of Cibolo Comprehensive Zoning Ordinance
(Ordinance No. 609)to allow for the continuance of the temporary use for their property generally located at the
southeast corner of Main Street and Borgfeld Road for more than six months.(Staff)
Councilman Kelly moved to change the church name specified on the agenda to read "Everyday Christian
Fellowship." There was discussion with council about the zoning regulations and the existing status of the church
as a temporary use. Councilman Kelly moved to direct staff to prepare an amendment to the zoning ordinance to
provide for a specific use permit and present it to the Planning and Zoning Commission for recommendation to the
City Council. Seconded by Councilman Campbell. For:All,Against: None.
B. Consideration/Action of approval or disapproval of a contract between the City of Cibolo and the Cibolo Volunteer
Fire Department to provide for fire fighting and related services to areas incorporated in the City of Cibolo for the
2006 fiscal year. (Staff)
City Manager Todd Parton reviewed the proposed contract with the City Council. Councilman Kelly moved to
approve the contract as presented with the Cibolo Volunteer Fire Department. Seconded by Councilwoman
Hartman. For:All,Against: None.
C. Staff update regarding the Flying J development site located at the southwest corner of the Wiederstein and I.H.35
intersection. Specifically,general information regarding the final plat submitted to the City.(Staff)
City Manager Todd Parton updated the City Council regarding the receipt of planning documents from Flying J.
No action was taken.
D. Consideration/Action of approval or disapproval of a contract between the City of Cibolo and ADT Security, Inc.
for the purchase and installation of security equipment for the Cibolo Municipal Court and related training for the
use of said security equipment. The proposed contract also contains options for a one or five-year maintenance
agreement.(Staff)
The City Council heard a presentation from Municipal Court Clerk Jeana Murphy regarding the proposed contract
with ADT. City Council discussed adding a panic button and contracting for fire alarm/monitoring service as well.
Councilman Kelly moved to approve the security system with a five year maintenance contract and to direct staff
to price a panic system and fire alarm/monitoring system. Seconded by Councilwoman Hartman. For: All,
Against: None.
E. Consideration/Action for direction to City staff regarding the creation of an advisory committee to provide
recommendations regarding a 5-year capital improvements program(CIP)for the City of Cibolo.(Staff)
City Manager Todd Parton spoke to council regarding the need for a committee to work on the CIP. Councilman
Campbell moved to direct staff to prepare a resolution to establish a CIP committee. Seconded by Councilman
Kelly. For:All,Against: None.
F. Consideration/Action to direct City staff regarding the implementation of a property tax freeze for municipal
property taxes for persons who are disabled or are sixty-five years of age or older as provided by Section 1-b,
Article VIII of the Texas Constitution. Said tax freeze is commonly referred to as the"Proposition 13 Tax Freeze."
(Staf)
City Manager Todd Parton gave background on the tax freeze and the impact it could/would have on the city. No
action was taken.
G. Consideration/Action to direct City staff regarding the establishment of a three-way stop at the intersection of Dietz
Road and Borgfeld Road.(Staff)
City Manager Todd Parton and Mayor Sutton spoke about their conversations with the City of Schertz and
Guadalupe County regarding the intersection at Dietz Road and Borgfeld Road. Councilman Kelly moved to direct
staff to work with the City of Schertz and Guadalupe County regarding traffic control measures at this intersection.
Seconded by Councilman Troncoso. For:All,Against: None.
H. Consideration/Action to direct City staff regarding an independent audit of the streets, drainage, water and
wastewater impact fee programs and status of the Impact Fee Advisory Committee. Said audit shall be for the
purpose of determining the validity of fees collected and expended and shall provide recommendations to ensure
full compliance with Chapter 395 of the Texas Local Government Code.(Staff)
City Manager Todd Parton gave the background on the impact fee program. Councilman Kelly moved to direct
staff to request a minimum of three bids for an independent audit for the purpose of reviewing the impact fee
ordinance, the fees collected, the fees assessed and the land use assumptions and to disband the Capital
Improvements Plan Advisory Committee until such time that the outstanding issues pertaining to the existing
impact fee program had been resolve. Seconded by Councilman Troncoso. For:All,Against: None.
I. Consideration/Action to direct City staff regarding the time,date,place and topics for future Town Hall meetings:
1. October 20,2005 Meeting—Proposed Bond Program
2. October 29,2005 Meeting—Proposed Bond Program
3. Mid-Year—Update to Citizens Regarding the Status of the City(Staff)
Susan Rocha,City Attorney,went over the rules regarding holding a town hall meeting. The times were set for
October 20th at 7:00,October 22 at 9:00 A.M.
J. Consideration/Action to direct City staff regarding audio visual upgrades to the City Council Chambers.(Sutton)
Mayor Sutton reviewed the proposal with the City Council. The City Council discussed the proposal and requested
a modified proposal be presented at a later meeting that included separate estimates for audio improvements and
video improvements.
9. Resolutions
A. Consideration/Action of a resolution setting the date time and place for a public hearing for the Zoning change
from residential/commercial to all C-1 being requested by Mr. Paul Corder. Property is located along FM78.
Being 8.46 acres of land out of the William Bracken Survey No. 65,Abstract 57, Guadalupe County, Texas, and
being that same tract conveyed as 12.084 acres less and except 3.598 acres as described in a deed from Karnco Inc.
to Westcor, LTD, Inc. dated September 30, 2002 and recorded in Volume 1760 on pages 87-91 of the Real
Property Records of Guadalupe County, Texas, said 8.486 acre tract described more particularly by metes and
bounds. Property is currently zoned residential and C-1.(Staff)
No action was taken.
B. Consideration/Action of a Resolution restricting outdoor burning in the City of Cibolo.(Staff)
Councilman Kelly initiated discussion with the City Council regarding the drafting of an ordinance to regulate
outdoor burning within the City limits. Councilman Kelly moved to approve the resolution to establish a 90-day
burn ban. Seconded by Councilman Troncoso. For:All,Against: None.
10. Ordinances
A. Consideration/Action of an Ordinance to repeal and replace Ordinance#681 —creating the Business Development
Committee—to change the membership from `5 members' to `at least 5 members' and to make related changes.
(Staff)
Councilman Kelly moved to approve the ordinance. Seconded by Councilwoman Hartman. For: All, Against:
None.
11. Executive Session
A. Pursuant to Section 551.074 Personnel Matters of the Texas Government Code the City Council will deliberate the
appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of an employee or public
official:
1. City Manager
2. City Secretary
Council convened into executive session at 11:10 P.M.
12. Oven Session
A. Any action necessary pertaining to the executive session held pursuant to Section 551.074 Personnel Matters of
the Texas Government Code the City Council to deliberate the appointment, employment, evaluation,
reassignment,duties,discipline,or dismissal of an employee or public official:
1. City Manager
2. City Secretary
Council reconvened into open session at 12:30 P.M. Mayor and Council made positive comments about the job
performance of the City Manager,Todd Parton.Councilman Kelly moved to extended City Manager Todd
Parton's contract for two years. Seconded by Councilwoman Hartman. For:All,Against: None. Councilman
Troncoso moved to increase the City Manager's salary to$100,000.00 effective January 1,2006. Seconded by
Councilman Kelly. For:All,Against:None. Councilman Campbell made the motion to appoint Yvonne Griffin to
Finance Director. Seconded by Councilwoman Hartman. For:All,Against;None. Councilwoman Hartman
moved the motion to appoint Peggy Cimics to City Secretary. Seconded by Councilman Campbell. For: All,
Against: None.
13. Staff Update
Update to the following ongoing and planned projects:
A. Borgfeld Road and Main Street Rehabilitation
B. FM 78 4-Inch Sanitary Sewer Force Main Construction
C. Parks Master Plan
D. Cibolo Valley Drive and Green Valley Drive
E. Charleston Parke Off-Site Drainage Work to Include Scheduled Completion Date
F. Council requests regarding specific future agenda items or staff reports.
Councilman Kelly moved to move this item to before item 11 and 12. Seconded by Councilman Campbell. For:
All,Against: None. Rudy Klein,City Engineer,updated the City Council on the above projects.
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14. •Adjournment
Councilman Campbell moved to adjourn at 12:37 A.M. Seconded by Councilman Tronocoso. For:All,
Against: None.
PASSED AND APPROVED THIS 25TH DAY OF OCOTBER.
Jo y Sutton
Mayor
ATTEST:
V
vo e
ity Secretary