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Min CC 09/12/2017 4 pF C/e 0 o ate \ 7.exrs "City of Choice" CITY COUNCIL MEETING CIBOLO MUNICIPAL BUILDING 200 S. MAIN September 12,2017 6:30 P.M. Minutes AMENDED AGENDA Item 12. C Item 13. Executive Session Item 14. Open Session 1. Call to Order—Meeting was called to order by Mayor Dunn at 6:30pm. 2. Roll Call and Excused Absences — Members Present: Mayor Dunn, Councilwoman Schultes, Councilman Garrett, Councilman Byrd, Councilman Gibbs, Councilman Russell, Councilman Hogue and Councilman Weber; Staff Present: City Manager, R. Herrera, City Attorney, H. Erkan, Finance Director, A. Miranda, EDC Director, M. Luft, Police Chief, G. Cox, Fire Chief, R. Niemietz, Planning & Engineering Director, R. Klein, IT Director, K. McDaniel, City Secretary, City Planner, L. Gonzalez, Assistant Public Works Director, B. Dee, HR Manager, K. Hetzel, Executive Assistant,L. Rogers,Assistant City Secretary,A. Valdez. 3. Invocation- Councilman Russell led all present in the invocation. 4. Pledge of Allegiance-All in attendance recited the Pledge of Allegiance. 5. 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.) Daniel Kearns, 555, Lower Valley Lane. Mr. Kearns thanked the Council for all that they do and informed all present that he is running for the office of County Commissioner, Precinct 4. 6. Public Hearing A. The Cibolo City Council will conduct a Public Hearing to hear public testimony concerning the assignment of permanent zoning for properties annexed into Cibolo in 2017,properties described below: • Parcel to be considered is located at 521 Weil Road and is proposed to be zoned Planned Unit Development(PUD). • Parcel to be considered is located at 691 Lower Valley Lane and is proposed to be zoned Low Density Residential (SF-1). City Planner, L. Gonzalez, gave the Council an overview of the project. Mayor Dunn opened the Public Hearing at 6:37pm. No one spoke and the Public Hearing was closed at 6:38pm. B. The City of Cibolo City Council will hold a public hearing to hear public testimony concerning scrivener corrections to the Future Land Use and Thoroughfare Map. ti 1 City Planner, L.Gonzalez, explained to Council the reasons for the errors. The corrections are now being made due to the fact that the City now employs a GIS Technician with knowledge of the area which will also help the City to avoid future errors. 7. 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 August 22, 2017. B. Approval of the minutes of the Special City Council held on August 22, 2017. C. Approval of the July 2017 Check Register pending final acceptance of the City's financial audit for the 2016/2017 Fiscal Year. D. Approval of the July 2017 Revenue and Expense Report pending final acceptance of the City's Financial audit for the 2016/2017 Fiscal Year. Councilman Garrett made the motion to approve the consent agenda. Motion was seconded by Mr. Gibbs. For: All; Against:None. Motion carried 7 to 0. 8. Presentation A. Presentation of the Employee of the Quarter for April—June 2017. City Manager,R. Herrera, spoke to Council about Anita Spainhourd, and commended her for her hard work. The community has had lots of positive feedback about her work as a school crossing guard and the Seguin Gazette saw fit to feature her in an article. 9. Staff Updates/Discussion A. Fire Department B. Planning&Engineering Department C. Court Department D. Administration City Manager, R. Herrera, informed Council that there was no updates at this time. 10. Discussion/Action A. Discussion/Action on the removal, appointments and re-appointments to Planning and Zoning Commission, Board of Adjustments Commission, Capital Improvement Program (CIP), Charter Review Committee, Master Plan Committee, Youth Council and Cibolo Economic Development Corporation, Animal Advisory Board and all other Committees, Commissions and Boards. (Council) Discussion/Action regarding the scrivener map corrections to the Future Land Use and Thoroughfare Map. (Planning Department) Discussion/Action regarding, and Initiation of Annexation Proceedings for, the annexation of properties located in the City of Cibolo's Extraterritorial Jurisdiction (ETJ) as described below: • All properties located in the City of Cibolo's ETJ generally located south of Lower Seguin Road and west of Haeckerville Road and containing 136± acres. • All properties located in the City of Cibolo's ETJ generally located south of Lower Seguin Road and east of Haeckerville Road and containing 609±acres. (Planning Department) 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. 2 11. Resolutions A. Approval/Disapproval of a Resolution authorizing the submission of a grant application to the Criminal Justice Division of the Governor's Office for a Rifle Resistant Body Armor Program, agreeing to provide applicable matching funds and designating an official to administer the grant. (Chief Cox) Police Chief, G. Cox, explained the grant to the Council. Councilman Byrd made the motion to approve a Resolution authorizing the submission of a grant application to the Criminal Justice Division of the Governor's Office for a Rifle Resistant Body Aiiuor Program, agreeing to provide applicable matching funds and designating an official to administer the grant. The motion was seconded by Councilman Weber. For: All; Against:None. Motion carried 7 to 0. 12. Ordinances A. Approval/Disapproval of an ordinance of the City of Cibolo adopting the budget for the fiscal year 2017- 2018 beginning October 1, 2017 and ending September 30, 2018 and amending the budget for the preceding fiscal year ending September 30, 2017. (Ms. Miranda) Finance Director, A. Miranda, gave a presentation to the council regarding the adopted budget and changes requested during the budget workshops. Councilman Byrd made the motion to approve an ordinance of the City of Cibolo adopting the budget for the fiscal year 2017-2018 beginning October 1, 2017 and ending September 30, 2018 and amending the budget for the preceding fiscal year ending September 30, 2017. Mayor Dunn requested a record vote. Councilwoman Schultes—For, Councilman Garrett — For, Councilman Byrd — For, Councilman Gibbs — For, Mayor Pro-Tem Russell — For, Councilman Hogue—For, Councilman Weber—For; Against—None. Motion carried 7 to 0. B. Approval/Disapproval of an ordinance of the City of Cibolo to ratify an increase of$445,623 in property tax revenues from last year's operating budget as reflected in the 2017-2018 proposed budget. (Ms. Miranda) Finance Manager, A. Miranda, gave a presentation to the Council regarding the Tax Rate Adoption. Councilman Byrd made the following motion to approve an ordinance of the City of Cibolo to ratify an increase of$445,623 in property tax revenues from last year's operating budget as reflected in the 2017- 2018 proposed budget. Mayor Dunn requested a record vote. Councilwoman Schultes — For, Councilman Garrett—For, Councilman Byrd—For, Councilman Gibbs—For, Mayor Pro-Tern Russell— For, Councilman Hogue—For, Councilman Weber—For; Against—None. Motion carried 7 to 0. C. Approval/Disapproval of an ordinance of the City of Cibolo levying a tax rate for Maintenance and Operations for tax year 2017 and levying a tax rate for interest and sinking for tax year 2017. Finance Manager, A. Miranda, gave a presentation to the Council regarding Councilman Weber made the following motion: "I move that the property tax rate be increased by the adoption of a tax rate of $0.4474, which is effectively a 2.69 percent increase in the tax rate." Mayor Dunn requested a record vote. Councilwoman Schultes — For, Councilman Garrett — For, Councilman Byrd — For, Councilman Gibbs — For, Mayor Pro-Tem Russell — For, Councilman Hogue — For, Councilman Weber — For; Against—None. Motion carried 7 to 0. D. Approval/Disapproval of an ordinance of the City of Cibolo regarding the annexation of real property located at 691 Lower Valley Lane and containing 3.5 ±acres. (Mr. Klein/Ms. Gonzalez) City Planner, L. Gonzalez, explained to Council that the proposed land is currently in a non-annexation agreement. No opposition has been presented. Councilman Weber made the motion to approve an ordinance of the City of Cibolo regarding the annexation of real property located at 691 Lower Valley Lane and containing 3.5 ±acres. The motion was seconded by Councilman Gibbs. For: All; Against: None. Motion carried 7 to 0. 3 E. Approval/Disapproval of an ordinance of the City of Cibolo regarding the annexation of real property located at 521 Weil Road containing 6±acres. (Mr.Klein/Ms. Gonzalez) City Planner, L. Gonzalez, explained to Council that the proposed land is currently in Cibolo's ETJ. The Planning & Zoning Commission recommended approval. Councilman Weber made the motion to approve an ordinance of the City of Cibolo regarding the annexation of real property located at 521 Weil Road containing 6 ±acres. The motion was seconded by Councilman Byrd. For: All; Against: None. Motion carried 7 to 0. F. Approval/Disapproval of an ordinance of the City of Cibolo regarding the assignment of permanent Low Density Residential (SF-1) zoning for property located at 691 Lower Valley Lane and containing 3.5 ± acres. City Planner, L. Gonzalez, explained to Council zoning change and that the Planning & Zoning Commission recommended approval and the City had received no opposition. Councilman Garrett made the motion to approve the ordinance of the City of Cibolo regarding the assignment of permanent Low Density Residential (SF-1) zoning for property located at 691 Lower Valley Lane and containing 3.5 ± acres. Motion was seconded by Councilwoman Schultes. For: All; Against: None. Motion carried 7 to 0. G. Approval/Disapproval of an ordinance of the City of Cibolo, revising the zoning classifications of approximately 5.8 ±acres of real properties located at 521 Weil Road, and the assignment of permanent Low Density Residential (SF-1)zoning. (Mr. Klein/Ms. Gonzalez) City Planner, L. Gonzalez, explained to Council the request to assign permanent zoning of approximately 4 acres from agricultural homestead to planned unit development and 1.8 acres from agricultural homestead to single-family residential. Councilman Garrett made the motion to approve an ordinance of the City of Cibolo, revising the zoning classifications of approximately 5.8 ±acres of real properties located at 521 Weil Road, and the assignment of permanent Low Density Residential (SF-1) zoning. The motion was seconded by Councilman Gibbs. For: All; Against: None. Motion carried 7 to 0. H. Approval/Disapproval of an ordinance amending Chapter 74 (Traffic and Vehicles) Article II (Operation of Vehicles) of the Code of Ordinances of the City of Cibolo, Texas, by establishing Division I (General) and 2 (Golf Carts); adding to Division 2 Sections 74-41 through 74-48 regarding the Use of Golf Carts on Streets and Roads in the City of Cibolo, Texas and establishing a penalty by fine not to exceed $200.00 for violations. Police Chief, G. Cox, gave an overview of the proposed ordinance. There was a discussion regarding the classification of a golf cart and a Neighborhood Electronic Vehicle. Mr. Hogue made a motion to approve the ordinance to approve the ordinance with the classification for NEV's. The City Attorney recommended that staff be given the opportunity to do some additional research and Mr. Hogue withdrew his motion. The Council gave direction to staff to present, at a future meeting, specifications and examples of what other Cities have adopted. Mr. Hogue made a motion to postpone action on the ordinance. The motion was seconded by Councilman Weber. For: All; Against:None. Motion carried 7 to O. 13. Executive Session In accordance with Section 551.087, of the Texas Open Meetings Act (entitled "Deliberation Regarding Economic Development Negotiations") City Council shall convene in closed session to consult with City Attorney in regards to the following matters: A. Discussion and deliberation regarding commercial or financial information that was received from a business prospect (designated "Project Awesome") with whom City Council is conducting economic development negotiations with and whom City Council seeks to have locate, stay, or expand in or near the City of Cibolo; and/or; B. Deliberate the offer of a financial or other incentive to Project Awesome. 4 Council convened into Executive Session at 7:58pm. 14. Open Session Reconvene into Regular Session and take/or give direction, if necessary, on any matter lawfully discussed in Executive Session. Council reconvened into Regular Session at 8:49pm. Councilman Hogue made the motion to give the City Manager and the City Attorney direction to start negotiations with the developer. The motion was seconded by Councilman Russell. For: All; Against:None. Motion carried 7 to 0. 15. Adjournment—Councilman Weber made the motion to adjourn the meeting at 8:50pm. The motion was seconded by Councilman Garrett. For: All;Against:None. Motion carried 7 to 0. PASSED AND APPROVED THIS 26TH DAY OF SEPTEMBER,2017. � J U , Allen Dunn Mayor .. ATTEST: r : Peggy Cimics,TRMC • � „ - City Secretary . . 5