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Min CC 09/26/2017 OF CIe y O 0 irk 0 � C texas "City of Choice' CITY COUNCIL MEETING CIBOLO MUNICIPAL BUILDING 200 S.MAIN September 26,2017 6:30 P.M. MINUTES 1. Call to Order—Meeting was called to order by Mayor Dunn at 6:30 pm. 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 Herrera, City Attorney Erkan, City Secretary Cimics, Finance Director Miranda, ED Director Luft, IT Director McDaniel, Police Chief Cox, Fire Chief Niemietz, Planning & Engineering Director Klein, Public Works Director Fousse and City Planner Gonzalez. 3. Invocation—Invocation was given by Councilman Russell. 4. Pledge of Allegiance—The Pledge of Allegiance was led by Karim Moss one of Cibolo's future leaders. 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. The following citizens signed up to speak: Mr. Charles Huff a candidate for the Schertz, Cibolo, Universal City School District introduced himself and ask for the audience support in the November elections. Ms. Cindy Spencer spoke on the use of golf carts and stated that two of the anchors on TV news stated they had both been injured as young children driving a golf cart. Ms. Spencer didn't know if it was too late to support the police by placing blue lights out for National Night Out. Ms. Spencer was also concerned about the new Medical Building being built on Cibolo Valley Drive. She felt it did not match the other buildings in the area. Ms. Spencer was also happy to see a young gentleman led the pledge tonight with all that is going on in our society today. Ms. Maggie Titterington gave a update on Chamber events to include the Balloon Fest and Candidate Night. 6. Public Hearing A. The City of Cibolo City Council will hold a public hearing to hear public testimony regarding the rezoning of 1.15 acres located at 113 Rodeo Way from the current zoning of Neighborhood Commercial (C-1) to Old Town/Town Center (C-2) and to allow a Conditional Use Permit (CUP) for an Indoor Sports and Recreation use in Suite 116. Ms. Lisa Gonzalez the City Planner gave a brief update to council on the re-zoning. Councilman Weber had a few questions that were brought up at the Planning & Zoning Meeting. Mayor Dunn opened the public hearing at 6:48pm. No citizen's spoke and Mayor Dunn closed the public hearing at 6:50pm. 1 B. The City of Cibolo City Council will hold a public hearing to hear public testimony regarding the amendment of Ordinance 841, revising the zoning classifications of 80.5 acres of real properties located along and south of IH-35 and north of Lantana Subdivision, referenced as the Old Spanish Trail Planned Development. Ms. Lisa Gonzalez the City Planner briefed the council on this public hearing. Mr. Benson and Mr. Cousen representing the developer and engineering firm on the project provided a power point presentation to council. Councilwoman Schultes read a few question from Judy Kane from her district that could not be present at the meeting. Ms. Kane wanted to make sure the developer remembered that there was a neighborhood behind this development. She also wanted to make sure they would consider both noise and light that would be coming from the development. She would hope that both Cibolo, Schertz and the developer could work together to improve Wiederstein Road. Mayor Dunn opened the public hearing at 7:16pm. Mr. John Sullivan a Schertz resident spoke and stated he was looking forward to the development but hoped that the developer would look at walking/bike trail towards the back of the development. Mayor Dunn closed the public hearing at 7:18pm. 7. Executive Session The City Council will meet in Executive Session as authorized by the Texas Gov't Code Section 551.071 Consultation with Attorney to receive briefings and legal advice from the City's legal counsel on: A. The case styled"Green Valley Special Utility District v City of Cibolo" (Case No. 1:16-cv-00627-SS) Mayor Dunn stated that the City Council would adjourned into Executive Session at 7:19pm. 8. Open Session Reconvene into Regular Session and take/or give direction, if necessary, on any matter lawfully discussed in Executive Session. City Council reconvened into Regular Session at 8:11pm. Councilwoman Schultes made the motion to direct and authorize the City Manager to proceed with our position and legal argument in Federal Court and to meet the deadline for ascertaining that position on appeal or other proceedings. Motion was seconded by Councilman Gibbs. For: All; Against:None. Motion carried 7 to 0. 9. 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 Special City Council Meeting held on September 5, 2017. B. Approval of the minutes of the Regular City Council Meeting held on September 12, 2017. Councilman Weber made the motion to approve the consent agenda. Motion was seconded by Councilman Garrett. For:All; Against:None. Motion carried 7 to 0. 10. Staff Updates/Discussion A. Police Department B. Drainage Department C. Streets Department D. Utilities Department 2 E. Administration Mr. Fousse the Public Works Director gave council an update on several projects. Ballfields are waiting landscaping and concrete pour. Haeckerville Road first phase is complete and 2nd phase is on schedule. Borgfeld Road Phase 1 and 3 complete. Phase 2 is approximately 2 to 3 weeks behind schedule.Al Rich Park is back open. Councilman Weber ask if we would have a new grand opening of that facility. Mr. Fousse stated that his department had received a grant in the amount of 50 trees that will be planted in the parks and around the Cibolo area. 11. 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. City Council talked about the possibility of giving an oath of office to members of boards, commissions and committees. A change in the council policy would be required. Councilman Russell made the motion to appoint Mr. Melvin Hicks to the Parks and Community Advisory Committee. Motion was seconded by Councilman Weber. For: All; Against:None. Motion carried 7 to 0. B. Discussion/Action regarding the Preliminary Acceptance of Infrastructure for Saratoga Subdivision Unit 2. C. Director of Planning & Engineering Mr. Klein briefed this item to council. Councilman Russell made the motion to approve the Preliminary Acceptance of Infrastructure for Saratoga Subdivision Unit 2 to include Sanitary Sewer: 1,744 lineal feet with a valuation of$80,756.80; Drainage: Drains and Detention Pond with a valuation of$540,823.80; Public Street: 2,037 linear feet with a valuation of$313,523.25; Water (GVSUD): 1,925 linear feet with a valuation of $105,131.40; Other: $13,560.00. Motion was seconded by Councilman Gibbs. For: All; Against:None. Motion carried 7 to 0. D. Briefing regarding the creation of the Cibolo Public Facility Corporation under Chapter 303 of the Texas Local Government Code to act on behalf of the City of Cibolo, Texas. Mr. James Plummer of Norton,Rose, Fulbright briefed City Council on the creation of a Cibolo Public Facility Corporation.He explained reasons to create the corporation,the authority,the board and the operating procedures. Mr.Plummer also explained to council the risk of creating a PFC. E. 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 September and October 2017. 12. Workshop A. Discuss the potential refunding of the General Obligation bonds issued in 2009 and discuss the possible issuing of$1.5 million dollars in certificates of obligation for building and facility improvements. This item was briefed by City Manager Herrera, Finance Director Ms. Miranda and Mr. Victor Quiroga of Frost Bank. Council was explained that the City has an opportunity to refinance approximately $7.8 million in callable GO Bonds, Series 2009. The City may be in a very favorable financial market, one that may allow the City of Cibolo to take advantage of issuing public debt at interest rates lower than three present (3%). Council also talked about renovation and reuse of the Cibolo City Hall Annex Building (Old Cibolo School Building). Some of the benefits associated with the renovation of the old school house was briefed. Estimated cost projection for renovation, exterior work, cabling, architecture and contingencies would be between$1.8 to 2.0. 3 13. Resolutions A. Approval/Disapproval of a resolution by the City Council of the City of Cibolo,Texas relating to establishing the City Council's intention to reimburse itself for the prior lawful expenditure of funds from the proceeds of one or more series of tax-exempt obligations to be issued by the city for authorized purposes; authorizing other matters incident and related thereto; and providing an effective date. Councilman Hogue made the motion to approve the resolution by the City Council of the City of Cibolo, Texas relating to establishing the City Council's intention to reimburse itself for the prior lawful expenditure of funds from the proceeds of one or more series of tax-exempt obligations to be issued by the city for authorized purposes; authorizing other matters incident and related thereto; and providing an effective date. Motion was seconded by Councilman Byrd. For:All;Against:None. Motion carried 7 to 0. B. Approval/Disapproval of a resolution by the City Council of the City of Cibolo, Texas authorizing and approving publication of notice of intention to issue one or more series of certificates of obligation; complying with the requirements contained in Securities and Exchange Commission rule 15c2-12; and providing an effective date. Councilman Byrd made the motion to approve the resolution by the City Council of the City of Cibolo, Texas authorizing and approving publication of notice of intention to issue one or more series of certificates of obligation; complying with the requirements contained in Securities and Exchange Commission rule 15c2-12; and providing an effective date. Motion was seconded by Councilman Weber. For: All; Against: None. Motion carried 7 to 0. C. Approval/Disapproval of a resolution of the City Council of the City of Cibolo, Texas approving an amended investment policy of the City of Cibolo; appointing the city's investment officers;providing for a repealing clause;providing for a severability clause; and providing for an effective date. Councilwoman Schultes made the motion to approve the resolution of the City Council of the City of Cibolo, Texas approving an amended investment policy of the City of Cibolo; appointing the city's investment officers; providing for a repealing clause; providing for a severability clause; and providing for an effective date. Motion was seconded by Councilman Gibbs. For: All; Against: None. Motion carried 7 to 0. 14. Ordinances A. Approval/Disapproval of an ordinance by the city council of the City of Cibolo, Texas authorizing the issuance of"City of Cibolo, Texas general obligation refunding bonds, series 2017", levying an annual ad valorem tax, within the limitations prescribed by law, for the payment of the bonds; prescribing the form, terms, conditions, and resolving other matters incident and related to the issuance, sale, and delivery of the bonds, including the approval and distribution of an official statement pertaining thereto, if any; authorizing the execution of a paying agent/registrar agreement, a purchase contract, and an escrow and trust agreement; complying with the letter of representations on file with the depository trust company; delegating the authority to certain members of the city council and city staff to approve and execute certain documents relating to the sale of the bonds; and providing an effective date. Councilman Weber made the motion to approve the ordinance by the city council of the City of Cibolo, Texas authorizing the issuance of "City of Cibolo, Texas general obligation refunding bonds,.,series 2017", levying an annual ad valorem tax,within the limitations prescribed by law, for the payment of the bonds; prescribing the form, terms, conditions, and resolving other matters incident and related to the issuance, sale, and delivery of the bonds, including the approval and distribution of an official statement pertaining thereto, if any; authorizing the execution of a paying agent/registrar agreement, a purchase contract, and an escrow and trust agreement; complying with the letter of representations on file with the depository trust company; delegating the authority to certain members of the city council and city staff to approve and execute certain documents relating to the sale of the bonds; and providing an effective date. Motion was seconded by Councilwoman Schultes. For: All; Against:None. Motion carried 7 to 0. 4 B. Approval/Disapproval of an ordinance of the City Council of the City of Cibolo, Texas amending the utility fee schedule of the City of Cibolo; amending section 78-141; amending section 78-143(a); providing for adoption thereto; providing that this ordinance is cumulative of all other ordinances of the City not in conflict with the provisions of this ordinance; providing for publication; providing for severability;providing for savings; and providing for an effective date. Councilman Weber made the motion to approve the ordinance of the City Council of the City of Cibolo, Texas amending the utility fee schedule of the City of Cibolo; amending section 78-141; amending section 78-143(a);providing for adoption thereto; providing that this ordinance is cumulative of all other ordinances of the City not in conflict with the provisions of this ordinance; providing for publication; providing for severability; providing for savings; and providing for an effective date. Motion was seconded by Councilman Gibbs. For: All; Against:None. Motion carried 7 to 0. 15. Adjournment Councilman Weber made the motion to adjourn the meeting at 10:30 pm. Motion was seconded by Councilwoman Schultes. For: All; Against:None. Motion carried 7 to 0. PASSE AND APPROVED THIS 10TH DAY OF OCTOBER 2017. _6- Allen Dunn ` - - Mayor ATTEST: - = Peggy Cimics, TRMC =;�' _ . . 2 r' City Secretary ----4.f-..- �- -F - - 5