Min CC 08/14/2018 P C/6
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"City of Choice"
CITY COUNCIL MEETING
CIBOLO MUNICIPAL BUILDING
200 S. Main
August 14, 2018
6:30 P.M.
Minutes
1. Call to Order-Meeting was called to order by Mayor Boyle at 6:30 pm.
2. Roll Call and Excused Absences — Members 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. Erkan, City Secretary Ms. Cimics, Finance Director
Ms. Miranda, Fire Chief Niemietz, Police Chief Hugghins, Planning & Engineering Director Mr. Klein, EDC
Director Mr.Luft,IT Director Mr.McDaniel and Public Works Director Mr.Fousse.
3. Invocation—Councilman Russell gave the Invocation.
4. Pledge of Allegiance—All in attendance recited the Pledge of Allegiance.
5. Closed Session
The City Council will meet in Closed Session as authorized by the Texas Gov't Code Section 551.074 Personnel
Matters to discuss the following:
A. The hiring of a new Attorney Firm for the City of Cibolo.
B. The hiring of a Special Attorney to look into complaint filed against the Mayor and a Councilmember
pertaining to a violation of the City ofCibolo's Code of Ethics and Conduct.
Council convened into Closed Session to discuss the above items at 6:32 pm.
6. 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 7:35 pm. Item 5A. Councilman Hogue made the motion for the City
Manager to negotiate with both legal firms on professional fees and to check references. Item will come back to
council on August 28th with a report from staff. Motion was seconded by Councilman Gibbs. For:
Councilmembers: Schultes, Garrett, Byrd, Gibbs, Russell and Hogue; Against: None. Abstention: Councilman
Hicks. Motion carried 6 to 0 to 1. Item 5B Councilwoman Schultes made the motion to authorize the hiring of a
Special Attorney to look into complaint filed against the Mayor and a Councilmember pertaining to a violation of
the City of Cibolo's Code of Ethics and Conduct. Motion was seconded by Councilman Byrd. For:
Councilmembers: Schultes, Garrett, Byrd, Gibbs, Russell and Hogue; Against: None. Abstention: Councilman
Hicks. Motion carried 6 to 0 to 1.
7. 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
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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 citizens spoke at Citizens to be Heard: Katie Cunningham stated that there were several events
taking place to include Camp Gladiators Stadium Dash, Health Fair and a Booster Seat give away. Melvin Hicks
wanted to know about the Bond Propositions A and D that will be going to the voters in November. He would
like to know on Proposition A what percent of that bond is for City Hall and what percent is for Public Works.
On proposition D what is the percentage of that bond for Tolle Park and how much is for the Miracle Field.
8. 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 Council/EDC Workshop held on July 17,2018.
B. Approval of the minutes of the Regular City Council Meeting held on July 24, 2018.
C. Approval of the June 2018 Check Register pending final acceptance of the City's financial audit for the
2017/2018 Fiscal Year.
D. Approval of the June 2018 Revenue and Expense Report pending final acceptance of the City's
Financial audit for the 2017/2018 Fiscal Year.
E. Approval of the June 30, 2018 quarterly Investment Report pending fmal acceptance of the City's Financial
audit for the 2017/2018 Fiscal Year.
Councilman Hogue made the motion to approve the consent agenda. Motion was seconded by Councilman
Garrett. For: All;Against:None. Motion carried 7 to 0.
9. Staff Updates/Discussion
A. Fire DepatIntent—Chief Niemietz gave a report on fire activities for the last 30 days.
B. Planning and Engineering Department
C. Administration
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 (CLP), Charter Review Committee,
Master Plan Committee, Youth Council and Cibolo Economic Development Corporation, Animal Advisory
Board and all other Committees, Commissions and Boards.
Councilman Garrett made the motion to appoint Ms. Spencer to the Planning & Zoning Commission for
District 2. Motion was seconded by Councilman Byrd. Prior to the vote there was a lot of discussion on this
appointment. For: Councilman Garrett, Byrd and Gibbs; Against: Councilman Hogue, Councilman Russell
and Councilwoman Schultes. Councilman Hicks abstain from the vote. Due to a tie vote Mayor Boyle was
able to vote to break the tie. The Mayor voted against the appointment so the appointment failed by a vote of
3 to 4. Councilman Hogue made a motion to appoint Ms. Spencer to the P&Z as an alternate. This motion
was not seconded as there were no openings for a P&Z alternate. Councilman Hicks made the motion to
remove Mr. Weber from the EDC and appoint Mr. Ragland to the EDC District 7 position. Motion was
seconded by Councilman Garrett. Before voting council had questions if Mr. Weber had been notified that he
was going to be removed. Mr. Weber stated that he was contacted by Councilman Hicks twice but was
unable to call him back. Mr. Weber stated that the one time he was called he was already in bed and the other
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time he was at work and unable to take calls during duty hours. He did speak with him prior to the start of the
meeting. Council debated this item then voted. For: Councilman Hicks and Councilman Garrett; Against:
Councilmembers: Schultes,Byrd, Gibbs, Russell and Hogue. Motion was disapproved by a vote of 2 to 5.
B. Discussion/Action and authorization for the City Manager to execute a Warranty Deed for the dedication of
Parkland and Park Improvements for public use within the Turning Stone Residential Subdivision.
Councilman Byrd made the motion to authorize the City Manager to execute a Warranty Deed for the
dedication of Parkland and Park Improvements for public use within the Turning Stone Residential
Subdivision. Motion was seconded by Councilman Gibbs. For: All;Against:None. Motion carried 7 to 0.
C. Discussion/Action on the Fiscal Year 2018-2019 Proposed budget and set the date and time of the public
hearing on the budget.
Councilman Hogue made the motion to set the public hearing dates for the Fiscal Year 2018-2019 Budget for
September 4th at 6:30pm in the City Council Chamber, 200 S. Main, Cibolo, TX. Motion was seconded by
Councilman Gibbs. For: All;Against:None. Motion carried 7 to 0.
D. Discussion/Action on the Tax Rate and set the date and time for the public hearing on the tax rate.
Councilman Byrd made a motion to keep the tax rate at the current rate of .4474. No one seconded the
motion, motion dies. Councilman Hogue made the motion that we go no higher than .4693 for the tax rate
and that we set the public hearing dates for August 28 and September 4 at City Hall, 200 S. Main. Motion
was seconded by Councilman Hicks. For: Councilmembers: Schultz, Gibbs, Russell, Hogue and Hicks;
Against: Councilmembers: Garrett and Byrd. Motion carried 5 to 2.
E. Discussion/Action and authorization for the City Manager to execute Change Order#1 for the contract with
EZ Bell Construction, L.L.C., San Antonio, Texas in the amount of Two Hundred, Forty Seven Thousand,
Nine Hundred Ninety Five Dollars and zero cents($247,995.00)to relocate and reconstruct the 16 inch Water
Main in conflict at the FM 1103 —Cibolo Valley Drive—Main Street Intersection Project.
Councilman Russell made the motion to authorize the City Manager to execute Change Order #1 for the
contract with EZ Bell Construction, L.L.C., San Antonio, Texas in the amount of Two Hundred, Forty Seven
Thousand,Nine Hundred Ninety Five Dollars and zero cents ($247,995.00)to relocate and reconstruct the 16
inch Water Main in conflict at the FM 1103 — Cibolo Valley Drive — Main Street Intersection Project.
Motion was seconded by Councilwoman Schultes. For: Councilmembers: Schultes, Garrett, Gibbs, Russell
and Hogue;Against: Councilmembers: Byrd and Hicks. Motion carried 5 to 2.
F. Discussion/Action and authorization for the City Manager to execute Supplement#1 to Task Order#LAN18-
04 authorizing City Engineers Lockwood, Andrews, Newman (LAN) to "mill and overlay" of Deer Creek
Blvd. for a fee of Twenty Four Thousand, Six Hundred Sixty Five Dollars and Zero Cents($24,665.00).
Councilman Russell made the motion to authorize the City Manager to execute Supplement#1 to Task Order
#LAN18-04 authorizing City Engineers Lockwood,Andrews,Newman (LAN)to "mill and overlay" of Deer
Creek Blvd. for a fee of Twenty Four Thousand, Six Hundred Sixty Five Dollars and Zero Cents
($24,665.00). Motion was seconded by Councilman Byrd. For: All;Against:None. Motion carried 7 to 0.
G. Discussion/Action and authorization for the City Manager to execute Amendment Number 3 to the Inter-local
Cooperation Agreement to provide School Resource Officers to the Schertz-Cibolo-Universal City
Independent School District.
Councilman Russell made the motion to authorize the City Manager to execute Amendment Number 3 to the
Inter-local Cooperation Agreement to provide School Resource Officers to the Schertz-Cibolo-Universal City
Independent School District. Motion was seconded by Councilman Hicks. For: All; Against: None. Motion
carried 7 to 0.
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H. Discussion on the sub-committee results for the toll road.
Mayor briefly went over the items the sub-committee had request from Mr. Crew. Mr. Crew would have a
report back to the committee by the end of August. No further discussion at this time.
I. 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 the July and August 2018.
11. Ordinance
A. Approval/Disapproval of an Ordinance of the City of Cibolo ordering a Special Election for the purpose of
submitting to the qualified voters, for adoption or rejection, proposed amendments to the existing Charter of
the City of Cibolo,Texas.
Councilman Hogue made the motion to approve the ordinance ordering a Special Election for the purpose of
submitting to the qualified voters, for adoption or rejection, proposed amendments to the existing Charter of
the City of Cibolo, Texas and changing Proposition H have to include that you can only serve two three year
terms instead to two. Motion was seconded by Councilman Hicks. For: All; Against: None. Motion carried
7to0.
B. Approval/Disapproval of an Ordinance of the City of Cibolo ordering a Bond Election to be held in the City
of Cibolo, Texas; making provision for the conduct of a Joint Election and resolving other matters incident
and related to such election.
Councilman Hicks made the motion to approve an Ordinance of the City of Cibolo ordering a Bond Election
to be held in the City of Cibolo, Texas; making provision for the conduct of a Joint Election and resolving
other matters incident and related to such election. Motion was seconded by Councilman Hogue. For: All;
Against:None. Motion carried 7 to 0.
C. Approval/Disapproval of an Ordinance of the City of Cibolo amending Section 78-143(a); amending Section
78-143(b) and amending Section 78-143€providing for adoption and for an effective date.
Councilman Russell made the motion to approve an Ordinance of the City of Cibolo amending Section 78-
143(a); amending Section 78-143(b) and amending Section 78-143€ providing for adoption and for an
effective date.Motion was seconded by Councilman Byrd. For: All;Against:None. Motion carried 7 to 0.
12. Adjournment—Councilman Hogue made the motion to adjourn the meeting at 10:10 pm. Motion was seconded
by Councilman Gibbs. For: All;Against:None. Motion carried 7 to 0.
PASSED AND APPROVED THIS 28TH DAY OF AUGUST 2018.
tosh Boyle
Mayor
ATTEST =
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Peggy Cimics,TRMC _
City Secretary - i
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