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Min CC 07/24/2018 o C• �� rlo «s1 . aaammmm\, °@ TexAs "City of Choice" CITY COUNCIL MEETING CIBOLO MUNICIPAL BUILDING 200 S. Main July 24,2018 6:30 P.M. Minutes 1. Call to Order-Meeting was called to order by Councilman Hogue at 6:32 p.m. 2. Roll Call and Excused Absences — Council Present: Councilman Hogue, Councilwoman Schultes, Councilman Byrd, Councilman Gibbs and Councilman Hicks; Council Absence: Mayor Boyle, Councilman Russell and Councilman Garrett. Councilman Gibbs made the motion and it was seconded by Councilman Hicks to excuse the absence of all three members. For: All; Against: None. Motion passed 5 to 0. Staff Present: City Manager Mr. Herrera, City Attorney Erkan, City Secretary Cimics, Finance Director Miranda, Fire Chief Niemietz, Police Chief Huggins, IT Director McDaniel, EDC Director Luft, Public Works Director Fousse, Planning/Engineering Director Klein and City Planner Gonzalez. 3. Invocation—Invocation was given by the City Manager Mr. Herrera. 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.) All remarks shall be addressed to the Council as a body, and not to any individual member thereof. Any person making personal, impertinent, or slanderous remarks while addressing the Council may be requested to leave the meeting. The following individuals spoke at Citizens to be Heard: Cindy Spencer stated that she thought Mr. Petersen the President of the EDC gave a great Opening Statement at the Council/EDC Workshop. She also stated that during citizens to be heard its states "items must be address to the Council not an individual" this was not being done consistently at all meetings. Ms. Spencer also liked the ideal that the Charter Review Committee was discussing on having individuals running for office or appointment to committees have background checks. She also like the three year terms being discussed. Ms. Spencer also discussed the complaint process. Maggie Titterington from the Chamber stated that Cibolo Meet the Candidate Night would be September 17th from 6 to 7:30 pm in the Cibolo Council Chambers. She also talked about Santikos and the great event they had. Ms. Titterington gave information on the Balloon Fest to be held on October 26-28 at Retama Park in Selma. Keith Blackmon talked about the apartments wanting to build near FM 1103 and Green Valley Road. He stated he was for apartments but not at this location. Heath Burnette also spoke on the apartments at FM 1103 and Green Valley Road. He stated he did not want FM 1103 to look like Pat Booker Road with all the apartments and commercial development. 6. Public Hearing A. The City of Cibolo City Council will hold a public hearing to hear public testimony concerning an update to the Future Land Use Map for approximately 17 acres consisting of three (3) separate tracts, being the 1 Stedman,Pundt and Marin properties, all located southwest of the intersection of FM 1103 and Green Valley Road. The proposed would replace all three (3) tracts of Commercial designation along Green Valley Road with Transitional Residential. Councilman Hogue opened the Public Hearing at 6:50 pm. No one wish to speak on this item and Councilman Hogue closed the Public Hearing at 6:51 pm. B. The City of Cibolo City Council will hold a public hearing to hear public testimony regarding the rezoning of approximately 17 acres consisting of three (3) separate tracts,being the Stedman,Pundt and Marin properties, all located southwest of the intersection of FM 1103 and Green Valley Road from the current zoning of Single-Family Residential(SF-1)to Multi-Family Residential(MF-1). Councilman Hogue opened the Public Hearing at 6:53 pm. The following individuals spoke in opposition of the proposed apartments that are to be built near the intersection of FM 1103 and Green Valley Road. Mark Allen, David Rodriquez, Marcus Mattingly, Louis Favela and Erica Prevero. Some of the concerns the citizens had were: proposed rezoning will not match the current existing surrounding properties, Green Valley Road is primarily a local or rural road and should not be classified as a major or minor arterial road until the entirety of Green Valley Rd is widened to 2 lanes in each direction, the altering of this particular location between an existing elementary school and one of the busiest intersections in Cibolo will alter the community character, degrade safety and deviates from the master plan of the city. Some other concerns were safety and traffic congestion, the impact of additional cars on to FM 1103, the impact to the schools, increase in noise and the increase burden on both the Police and Fire Departments. Councilman Hogue closed the Public Hearing at 7:54 pm. 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 July 10, 2018. B. Approval of the minutes of the Council Workshop held on July 14,2018. Councilman Byrd made the motion to approve the consent agenda. Motion was seconded by Councilwoman Schultes. For: Council Members: Schultes, Hogue, Byrd and Weber; Against: None; Abstention: Councilman Gibbs. Motion carried 4—0— 1. 8. Staff Updates/Discussion A. Street Department B. Administration—Mr. Herrera gave an update on the Ribbon Cutting of the Ron Pedde Community Garden. 9. 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 postponed any nomination until the next meeting. B. Discussion/Action and authorization for the City Manager to execute the Third Amendment to the Private Street Agreement between the City of Cibolo and Blanton Development Company for the residential subdivision,Mesa at Turning Stone. 2 Councilman Hicks made the motion to approve the third amendment to the Private Street Agreement between the City of Cibolo and Blanton Development Company for the residential subdivision of Mesa at Turning Stone. Motion was seconded by Councilman Gibbs. For: All; Against:None. Motion carried 5 to 0. C. Discussion/Action regarding the Land Study of Roberts Tract Development, located within the City of Cibolo's Extra-Territorial Jurisdiction on Green Valley Road and south of the Homestead Community. Councilman Byrd made the motion to approve the Land Study of Roberts Tract Development with the condition prior to platting, all utilities including a permanent wastewater solution, have been officially made available to the entirety of the tract and that they identify the existing 50 foot gas pipeline easement on all plats. Motion was seconded by Councilwoman Schultes. For: Council Members: Byrd, Schultes and Hogue; Against: Council Members: Gibbs and Hicks. Motion carried 3 to 2. D. Discussion/Action and authorization for the City Manager to increase the total expenditures authorized in Purchase Order#18602 to $46,500.00 for a contract with Hierholzer Engineering, Inc., to design, install, and integrate a Supervisory, Control, and Date Acquisition(SCADA) System at Water Plant#3. This item was postponed until the August 14,2018 meeting. E. Discussion/Action and authorization for the City Manager to execute the Guadalupe Blanco River Authority Canyon Regional Water Authority Raw Water Purchase Contract. Councilman Hicks made the motion to authorize the City Manager to execute the Guadalupe Blanco River Authority Canyon Regional Water Authority Raw Water Purchase Contract. Motion was seconded by Councilman Byrd. For: All;Against:None. Motion carried 5 to 0. F. Discussion on the Cibolo Summer Nights and the budget to put this event on. Mr. Herrera briefed this item and gave a short power point presentation. Mr. Herrera stated that this was a good program for the youth of the city especially for a very short notice to the citizens. We hope to have this as a budget item for next year and that this will be presented during the budget workshops to be held next month. G. Discussion/Action and direction to staff on the Charter Amendments to be placed on the November 6, 2018 ballot. This item was briefed by the City Secretary and the changes that the council made at the workshop were discussed. Councilwoman Schultes made the motion to approve the 15 measures to be placed on the November 2018 ballot. Motion was seconded by Councilman Byrd. For: All;Against.None. Motion carried 5 to 0. H. Discussion/Action on a Joint Election Agreement between the City of Cibolo, Guadalupe County, City of Schertz, City of Seguin, Schertz-Cibolo, Universal City ISD, Seguin ISD,Navarro ISD, Green Valley Special Utility District, Crystal Clear Special Utility District, Edwards Aquifer Authority and City of New Berlin for the November 6, 2018 elections. Councilman Gibbs made the motion to approve the Joint Election Agreement between the City of Cibolo, Guadalupe County, City of Schertz, City of Seguin, Schertz-Cibolo, Universal City ISD, Seguin ISD, Navarro ISD, Green Valley Special Utility District, Crystal Clear Special Utility District, Edwards Aquifer Authority and City of New Berlin for the November 6, 2018 elections. Motion was seconded by Councilman Hicks. For: All;Against:None. Motion carried 5 to 0. 3 I. Discussion/Action on hiring a Special Legal Counsel to review a charge lodged against the Mayor and a Councilmember pertaining to a violation of the City of Cibolo's Code of Ethics and Conduct. This item was postponed until the Council Meeting scheduled for August 14, 2018. J. Discussion/Action and authorization for the City Manager to execute an Inter-Local Agreement with the City of Schertz to supply up to 400 Acre Feet of potable water to the City of Cibolo. Councilman Hicks made the motion to authorize the City Manager to execute an Inter-Local Agreement with the City of Schertz to supply up to 400 Acre Feet of potable water to the City of Cibolo. Motion was seconded by Councilwoman Schultes. For: All; Against:None. Motion carried 5 to 0. K. 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 July and August 2018. 10. Ordinance A. Approval/Disapproval of an Ordinance of the City of Cibolo ordering a Municipal Election for the purpose of electing Councilmembers to District 1,4, 5 and 6. Councilman Byrd made the motion to approve the Ordinance of the City of Cibolo ordering a Municipal Election for the purpose of electing Councilmembers to District 1, 4, 5 and 6. Motion was seconded by Councilman Hicks. For: All;Against:None. Motion carried 5 to 0. B. Approval/Disapproval of an Ordinance of the City of Cibolo ordering a Special Election for the purpose of the reauthorization of the Local Sales and Use Tax in the City of Cibolo at the rate of one-quarter of one percent to continue providing revenue for the Maintenance and Repair of Municipal Streets. Councilman Gibbs made the motion to approve the Ordinance of the City of Cibolo ordering a Special Election for the purpose of the reauthorization of the Local Sales and Use Tax in the City of Cibolo at the rate of one-quarter of one percent to continue providing revenue for the Maintenance and Repair of Municipal Streets. Motion was seconded by Councilman Hicks. For: All; Against:None. Motion carried 5 to 0. C. Approval/Disapproval of an ordinance establishing a City of Cibolo Historic Committee for the purpose of maintaining the history of Cibolo. Councilman Byrd made the motion to approve the ordinance establishing a City of Cibolo Historic Committee for the purpose of maintaining the history of Cibolo. Motion was seconded by Councilman Gibbs. For: All;Against:None. Motion carried 5 to 0. 11. Closed Session The City Council will meet in Closed Session as authorized by the Texas Gov't Code Section 551.071 Consultation with Attorney to discuss: A. A request by Kalmar Rough Terrain Center to be issued an exclusive license to use the City Logo. Councilman Hogue made the announcement that council will go into closed session to discuss the above item at 9:12 pm. 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 regular session at 9:37 pm. Councilwoman Schultes made the motion to authorize staff and City Attorney to enter into negotiation with Independent Rough Terrain Center to discuss the use of the City Logo. Motion was seconded by Councilman Gibbs. For: All;Against:None. Motion carried 5 to 0. 4 13. Adjournment Councilman Hicks made the motion to adjourn the meeting at 9:38 pm. Motion was seconded by Councilman Gibbs. For: All; Against:None. Motion carried 5 to 0. PASSED AND APPROVED THIS 14TH DAY OF AUGUST 2018. Stosh Boyle _ - • Mayor • ATTEST / (-•€--07/ Peggy Cimics, TRMC • City Secretary 5