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"City of Choice"
CITY COUNCIL MEETING
CIBOLO MUNICIPAL BUILDING
200 S. Main
June 12, 2018
6:30 P.M.
Minutes
1. Call to Order—Meeting was called to order by Mayor Boyle at 6:33 p.m.
2. Roll Call and Excused Absences—Council Present: Mayor Boyle, Councilwoman Schultes, Councilman Garrett,
Councilman Byrd, Councilman Gibbs, Councilman Russell, Councilman Hogue and Councilman Hicks; Staff
Present: City Manager Mr. Herrera, City Attorney Mr. Ruiz, City Secretary Ms. Cimics, Finance Director Ms.
Miranda,EDC Director Mr. Luft, Police Chief Hugghins, Planning&Engineering Director Mr.Klein, Fire Chief
Niemietz and Public Works Director Mr.Fousse.
3. Invocation—Invocation was given by Councilman Russell.
4. Pledge of Allegiance—Cibolo Daisy Scouts led all those in attendance with 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.
The following individuals signed up to be heard: Judy Parker spoke to council on the speeding and deer problem
in her area of the city near Green Valley Loop. She also felt that this part of the city only has minimal patrol by
the Police Department. Brenda Kuehner of Persimmon Drive also spoke about the traffic problem and
individual's speeding and not watching for the animals. Cindy Spencer was not present but her letter was read by
Councilman Garrett. Ms. Spencer spoke of a citizen that spoke at the Charter Review that was disruptive and the
chairman did not control the meeting. She also felt proclamations should be done timely. Adam Savoie on the
first 20 feet of Lamar Street that was not paved or never finished. He stated that water puddles up in that area and
he has a disabled child that gets off the bus at that location. Robin Thompson representing the Chamber briefed
everyone on upcoming events. Carol Buell was not present but Councilwoman Schultes read her letter. Ms.
Buell stated that a small group of a Special Interest Group is using the ethics process to try and gain support for
their anti-toll road agenda. They are also wasting taxpayer's money by accusing four council members of
violating the Open Meeting Act when they met at a restaurant for a dinner event when no city business was
discussed. Mike Andrews wanted to know how you can have a feasibility study and Impact Study done when his
land is involved in the tow-road and he has given no permission for anyone to enter his property to gather any
information. Katie Cunningham stated that every presentation starting from the Blue Ribbon Committee until
January 9th of this year showed the road as a four lane concrete divided road. Ms. Cunningham said that Mr.
Crew promised one thing and now is wanting the city to except something else.
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6. Presentation
A. Presentation of 10 year service award to Cindy Nemec, Cibolo Police Department.
Mr. Herrera and Mayor Boyle presented Cindy Nemec with a 10 Year Service Award. Pictures were taken
with the family.
B. Presentation of 10 year service award to Roger Niemietz, Cibolo Fire Chief.
Chief Niemietz was presented a 10 Year Service Award by the City Manager and Mayor. Pictures were taken
with his family. Chief Niemietz also spoke and thanked everyone at the City and Fire Department and a
special thank you to his wife and daughters.
C. Presentation of the Quarterly Award to Gloria Del Toro.
Gloria Del Toro from the Public Works Department was presented the Quarterly Award. Picture was taken
with the City Manager,Mayor and Department Head.
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 May 8, 2018.
B. Approval of the April 2018 Check Register pending final acceptance of the City's financial audit for the
2017/2018 Fiscal Year.
C. Approval of the April 2018 Revenue and Expense Report pending final acceptance of the City's Financial
audit for the 2017/2018 Fiscal Year.
Councilman Byrd made the motion to approve the consent agenda. Motion was seconded by Councilman
Gibbs.For: All;Against:None. Motion carried 7 to 0.
8. Staff Updates/Discussion
A. Fire Department
B. Planning/Engineering Department
C. Court Department
D.Administration — Mr. Herrera notified council that we had received 8 request for qualification for City
Attorney. Suggestion would be to have a sub-committee go over the request and bring back the top 3 for the
entire council to review and interview. We will place an item on the next agenda for council to consider.
9. Ordinance
A. Approval/Disapproval of an Ordinance authorizing the issuance of"City of Cibolo, Texas General Obligation
Bonds, Series 2018"; levying a continuing direct 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 on the bonds, including the approval and distribution
of an official statement pertaining thereto; authorizing the execution of a paying agent/registrar agreement
and an official bid form; complying with the provisions of the depository trust company's letter of
representations; authorizing the execution of any necessary engagement agreements with the city's fmancial
advisors and/or bond counsel; and providing for an effective date.
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Councilman Hogue made the motion to approve the Ordinance authorizing the issuance of"City of Cibolo,
Texas General Obligation Bonds, Series 2018"; levying a continuing direct 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 on the bonds, including the
approval and distribution of an official statement pertaining thereto; authorizing the execution of a paying
agent/registrar agreement and an official bid form; complying with the provisions of the depository trust
company's letter of representations; authorizing the execution of any necessary engagement agreements with
the city's financial advisors and/or bond counsel; and providing for an effective date. Motion was seconded
by Councilman Byrd. For: All; Against:None. Motion carried 7 to 0.
10. Discussion/Action
A. Discussion and update on the Cibolo Summer Nights Youth Activity Program.
The Summer Nights Program was briefed by City Manager Mr. Herrera and Mayor Boyle.
B. Discussion/Action to authorize the City Manager to enter into a contract with EZ Bell Construction, L.L.C.,
San Antonio, Texas in the amount of One Million, Six Hundred Thirty One Thousand, Four Hundred Thirty
Dollars and Fifty Four Cents ($1,631,430.54) to reconstruct the FM 1103 — Cibolo Valley Drive — Main
Street Intersection and include additive Alternate #1, to reconstruct the North Main Street Intersection at
Cibolo Valley Drive.
Councilman Hicks made the motion to authorize the City Manager to enter into a contract with EZ Bell
Construction, L.L.C., San Antonio, Texas in the amount of One Million, Six Hundred Thirty One Thousand,
Four Hundred Thirty Dollars and Fifty Four Cents ($1,631,430.54) to reconstruct the FM 1103 — Cibolo
Valley Drive — Main Street Intersection and include additive Alternate #1, to reconstruct the North Main
Street Intersection at Cibolo Valley Drive. Motion was seconded by Councilwoman Schultes. For: All;
Against:None. Motion carried 7 to 0.
C. 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.
Councilwoman Schultes made the motion to re-appoint TG Benson to the Planning & Zoning Commission.
Motion was seconded by Councilman Gibbs. For: All; Against: None. Motion carried 7 to 0. Councilman
Byrd made the motion to re-appoint Karen Hale to the Planning & Zoning Commission. Motion was
seconded by Councilman Gibbs. For: All; Against: None. Motion carried 7 to 0. Councilman Hogue made
the motion to re-appoint Dick Hetzel to the Economic Development Corporation. Motion was seconded by
Councilman Byrd. For: All; Against: None. Motion carried 7 to 0. Councilman Hicks made the motion to
appoint Ed Weinstein to the Parks Commission as an alternate. Motion was seconded by Councilwoman
Schultes. For: All;Against:None. Motion carried 7 to 0.
D. Discussion and direction to staff concerning an ordinance of the City Council of the City of Cibolo enacting
regulations with respect to substandard, unsecured or dangerous buildings or structures.
Council gave direction to staff to bring this item back to the June 26 Council Meeting as an ordinance for
approval.
E. Discussion/Action on hiring a Special Legal Counsel to review a charge lodged against four councilmembers
pertaining to a violation of the City of Cibolo's Code of Ethics and Conduct.
Council will discussed this item in closed session under Texas Gov't Code Section 551.071 Consultation with
Attorney. Council convened into Closed Session at 8:17 p.m. and reconvened into Open Session at 9:25 p.m.
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Councilman Gibbs made the motion to request a Special Council to look into the charges lodged against four
councilmembers. Motion was seconded by Councilman Hicks. For: Council Members: Schultes, Byrd,
Gibbs, Russell,Hogue and Hicks;Against:None; Abstained: Councilman Garrett. Motion carried 6 to 0 to 1.
F. Discussion/Action on a potential appointment of a Cibolo councilmember to the Alamo Area Metropolitan
Planning Technical Advisory Committee.
Councilman Byrd made the motion to recommend to the NEP Councilman Hicks as an alternate to the Alamo
Area Metropolitan Planning Technical Advisory Committee. Motion was seconded by Councilman Gibbs.
For: All;Against:None. Motion carried 7 to 0.
G. 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 June and July 2018.
11. Closed Session
The City Council will meet in Closed Session as authorized by the Texas Gov't Code Section 551.087 and
Section 551.072 to discuss or deliberate regarding:
A. Commercial or financial information that the governmental body has received from a business prospect (the
NRP Group)that the governmental body seeks to have locate in Cibolo;
B. The possible offer of a financial or other incentive to the business prospect.
C. The land exchange between the City of Cibolo and Wuest Real Estate L.P.
Council convened into Closed Session at 8:17 p.m.
12. Open Session
Reconvene into Regular Session and take/or give direction or action, if necessary, on items discussed in closed
Session.
Council reconvened into Open Session at 9:25 p.m.
A. Discussion/Action on a Commercial or financial information that the governmental body has received from a
business prospect(the NRP Group)that the governmental body seeks to have locate in Cibolo.
B. Discussion/Action on a possible offer of a financial or other incentive to the business prospect.
Councilman Gibbs made the motion for item A and B for the City Manager to continue to negotiate with the
NRP Group. Motion was seconded by Council Byrd. For: All;Against:None. Motion carried 7 to 0.
C. Discussion/Action to approve a land exchange contract and deed which prnvides for the exchange of
approximately 3917 square feet of real property owned by the City of Cibolo and located at the corner of
West Borgfeld Road and Cibolo Valley Drive for approximately 1719 square feet of real property owned by
Wuest Real Estate LP,and located on West Borgfeld Road immediately southwest of Cibolo Valley Drive;
and authorizing the City Manager to execute all documents reasonable necessary to facilitate the exchange.
Councilman Gibbs made the motion to approve a land exchange contract and deed which provides for the
exchange of approximately 3917 square feet of real property owned by the City of Cibolo and located at the
corner of West Borgfeld Road and Cibolo Valley Drive for approximately 1719 square feet of real property
owned by Wuest Real Estate LP, and located on West Borgfeld Road immediately southwest of Cibolo
Valley Drive; and authorizing the City Manager to execute all documents reasonable necessary to facilitate
the exchange. Motion was seconded by Councilman Hicks. For: All;Against:None. Motion carried 7 to 0.
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13. Adjournment-Councilman Hogue made the motion to adjourn the meeting at 9:31 p.m. Motion was seconded
by Councilman Russell. For: All;Against:None. Motion carried 7 to 0.
PASSED AND APPROVED THIS 26TH DAY OF JUNE 2018.
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Mayor .\_ -
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Peggy Cimics, TRMC -_\4,.--_ •.
City Secretary --.
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