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Min CC 10/09/2018OF c, -0 o �+rlreo Texa "City of Choice" CITY COUNCIL MEETING CIBOLO MUNICIPAL BUILDING 200 S. Main October 9, 2018 6:30 p.m. Minutes I . Call to Order — Meeting was called to order at 6:32 p.m. by Mayor Boyle 2. Roll Call and Excused Absences — Council Present: Mayor Boyle, Councilwoman Schultes, Councilman Garrett, Councilman Gibbs, Councilman Hogue and Councilman Hicks; Council Members Absent: Councilman Byrd and Councilman Russell. Councilman Hogue made the motion to excuse the absence of both Councilman Byrd and Councilman Russell. Motion was seconded by Councilman Garrett. For: All; Against: None. Motion carried 5 to 0. Staff Present: City Attorney Ms. Solis, City Secretary Ms. Cimics, Fire Chief Niemietz, Police Chief Hugghms, Finance Director Ms. Miranda, Planning & Engineering Director Mr. Klein, and EDC Director Mr. Luft. 3. Invocation — Invocation was given by Councilman Hicks. 4. Pledge of Allegiance — All in attendance recited the Pledge of Allegiance Statement from Councilman Hogue — Councilman Hogue stated that he would be resigning his position on City Council effective immediately as he had official moved out of the City of Cibolo last night. He thanked the many council members and mayors that he had worked with over the years. Councilman Hogue also thanked the numerous staff members that have helped him the past six years while he has been on City Council. He thanked all the citizens of Cibolo especially those of District 6 which he represented. Mr. Hogue took a seat in the audience. 6. Presentation A. Presentation from Santikos on a check used to purchase equipment for the Police Department. Samikos presented a check to the Police Department. The PD showed several pieces of new equipment that Money would be used for. 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 in opposition to the proposed annexation. Many of them felt it was forced annexation. They did not want to live in the city that's why they brought in the county. Joe and Gayle Cagianut, Larry Johnston, Mike Wilson, Andres Rivera, Teofrlo Ortiz, Robert Roberson, Rita and Robert Butler, Cindy and Dub McClister (had their attorney talk for them) Guadalupe Padilla, Blake Kirby, Carol, Malone and Donovan Jackson. Melvin Hicks spoke on the bond issues. Cindy Spencer thank Councilman Hogue and all those involved in National Night Out. Lisa Jackson thanked Councilman Hogue for his work on council. Paul Kendzier spoke on the Cibolo Parkway. Kara Latimer spoke on the Environment Risk Assessment. Marls Allen stated that he did not live in the proposed annexation area but supported the people in the ETJ. Sammy Villela spoke on the PTSD family run. 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 City Council Town Hall Meeting held on September 6, 2018. B. Approval of the minutes of Council Workshop held on September 24, 2018. C. Approval of the minutes of the Regular City Council Meeting held on September 25, 2018. D. Approval of the minutes of the Special Council Meeting held on September 25, 2018. Councilman Garrett made the motion to approve the consent agenda. Motion was seconded by Councilman Gibbs. For: All; Against: None. Motion carried 4 to 0. Presentation A. Proclamation for Domestic Violence Awareness Month. Lisa Jackson received the Proclamation from the Mayor for Domestic Violence Awareness Month. 10. Staff Updates/Discussion A. Fire Department B. Planning & Zoning Department C. Court D. IT Department E. Administration — Ms. Cimics gave a report on Cibolofest activities for Saturday, October 13"i. 11. Discussion/Action A. Discussion/Action to authorize the City Manager to execute a contract with D&D Construction, Inc., Cibolo, Texas in the amount of Five Hundred, Ninety Six Thousand, Eight Hundred Ninety Nine Dollars and Eighty Cents ($596,899.80) to complete the reconstruction of a portion of Deer Creek Blvd and to establish a contingency for field directed change orders in the amount of (Seventy Five Thousand Dollars ($75,000). Councilman Garrett made the motion to authorize the City Manager to execute a contract with D&D Construction, Inc., Cibolo, Texas in the amount of Five Hundred, Ninety Six Thousand, Eight Hundred Ninety Nine Dollars and Eighty Cents ($596,899.80) to complete the reconstruction of a portion of Deer Creek Blvd and to establish a contingency for field directed change orders in the amount of (Sixty Thousand Dollars ($60,000). Motion was seconded by Councilman Gibbs. For: Council Members: Schultes, Garrett and Gibbs; Against: Councilman Hicks. Motion carried 3 to 1. B. Discuss and take appropriate action to initiate any changes to City Ordinance #817, dated October 23, 2007, Sec. 50-22 Firearms, Article III Regulations and Prohibited Conduct. Councilman Byrd was not present and this item was postponed till the next meeting. C. Discuss and take appropriate action to initiate the adoption of procedure that would include the "Forfeiture of Contraband" (Seizure of Property) under the provisions outlined in the Texas Code of Criminal Procedure, Title 1, Chapter 59. Councilman Byrd placed this item on the agenda. Since he was absent this item was postponed till the October 23`a meeting. D. Discussion/Action on submitting Councilman Garrett as the City of Cibolo nominee to the Guadalupe Appraisal Board of Directors. Councilman Hicks made the motion to nominate Councilman Garrett as Cibolo nominee to the Guadalupe Appraisal Board of Directors. Motion was seconded by Councilwoman Schultes. For: All; Against: None. Motion carried 4 to 0. E. Discussion and approval of the changes to Council Policy on the appointment of individuals to Committee, Commissions and Boards. Councilman Garrett made the motion to approve the changes to Council Policy on the appointment of individuals to Committee, Commissions and Boards. Councilman Gibbs seconded the motion. Motion carried 4 to 0. F. Discussion on the Environmental Risk Assessment for the Cibolo Parkway Project. Councilman Hicks stated that he had looked at the Environmental Risk Assessment for the Cibolo Parkway Project and found many holes in the report to include in one section it stated that it was 27 miles from FM 1103 to IH 10. Councilman Hicks stated it also stated that a bridge would be required over Lake Ray Hubbard for approximately 9,800 feet. Since this was a discussion item no action was taken. 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 calendar for October and November 2018. 12. Ordinance A. Approval/Disapproval of an Ordinance regarding the setting of dates and times for public notification and to prepare municipal service plans for the involuntary annexation of approximately 1,353 acres with the Extra - Territorial Jurisdiction, generally located North of FM 78 and East of FM 1103. This item was pulled from the agenda. B. Approval/Disapproval of an Ordinance to controlling Through Commercial Truck Traffic for trucks driving or operating on specific streets, roadways or highways in the corporate city limits. Councilman Garrett made the motion to approve the an Ordinance to controlling Through Commercial Truck Traffic for trucks driving or operating on specific sheets, roadways or highways in the corporate city limits after removing Section 2, Sec. 74-38 (f). Motion was seconded by Councilwoman Schultes. For: All; Against: None. Motion carried 4 to 0. C. Approval/Disapproval of an Ordinance amend Section 74-187 of the Code of Ordinances to add FM 1103 from FM78 to the Cibolo/Schertz City Limits (Old Wiederstein Road) to the list of Specific No Parking Areas in the City Limits of Cibolo. Councilman Gibbs made the motion to approve an Ordinance amend Section 74-187 of the Code of Ordinances to add FM 1103 from FM78 to the Cibolo/Schertz City Limits (Old Wiederstein Road) to the list of Specific No Parking Areas in the City Limits of Cibolo. Motion was seconded by Councilman Hicks. For: All; Against: None. Motion carried 4 to 0. 13. Closed Session The City Council will meet in Closed Session as authorized by Texas Govt. Code Section 551.071 Consultation with Attorney to discuss the following: A. Discussion with City Attorney regarding citizen complaint filed against City Council, City Manager and former City Attorney. Council convened into closed session at 9:12pm. 14. 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 9:35pm. Mr. Garza the City Attorney went over the complaints made by Ms. Latimer. He stated that the opinions lack evidence and that Ms. Latimer opinions are just her opinions. The attorney states that the complaints made against the entire City Council, City Manager and former Law Firm did not violate the Code of Conduct or the Code of Ethics. Councilman Garrett made the motion to dismiss the complaint that was filed by Ms. Latimer for lack of evidence. Motion was seconded by Councilman Gibbs. For: All; Against: None. Motion carried 4 to 0. 15. Adjournment — Councilwoman Schultes made the motion to adjourn the meeting at 9:37pm. Motion was seconded by Councilman Hicks. For: All; Against: None. Motion carried 4 to 0. PASSED AND APPROVED THIS 23RD DAY OF OCTOBER 2018. tosh Bo Mayor ATTEST % Peggy Cimics, TRMC City Secretary