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Min CC 10/23/20181 Or C/0 rR= o Tf%A= "Cig Ol ChOi[e" CITY COUNCIL MEETING CIBOLO MUNICIPAL BUILDING 200 S. Main October 23, 2018 6:30 p.m. Minutes Call to Order — Meeting was called to order by Mayor Boyle at 6:35pm. 2. Roll Call and Excused Absences — Council Present: Mayor Boyle, Councilwoman Schultes, Councilman Garrett, Councilman Byrd, Councilman Gibbs, and Councilman Russell; Council Members Absent: Councilman Hicks. Councilman Byrd made the motion to excuse the absence of Councilman Hicks. Motion was seconded by Councilwoman Schultes. For: All; Against: None. Motion carried 5 to 0. Councilman Hicks arrived to the meeting at 7:27pm. Staff Present: Mr. Herrera, City Manager, Ms. Solis, City Attorney, Ms. Cimics, City Secretary, Ms. Miranda, Finance Director, Chief Niemietz, Fire Chief, Chief Hugghins, Police Chief, Mr. McDaniel, IT Director, Mr. Fousse, Public Works Director, Mr. Klein, Planning & Engineering Director, Mr. Luft, EDC Director and Ms. Gonzalez, Assistant Planning & Engineering Director. 3. Invocation—Invocation was given by Councilman Gibbs. 4. Pledge of Allegiance — All in attendance recited the Pledge of Allegiance. 5. Public Hearing A. The City of Cibolo City Council will hold a Public Hearing to hear public testimony concerning the rezoning of 124.753 acres of certain real property located at 3641 Santa Clara Road from the current zoning of Retail/Office (C-3) to Mixed Use Regional Employment Center (MURE). The Public Hearing was opened by Mayor Boyle at 6:38pm. No citizens in the audience wish to speak. Mr. Luft, EDC Director spoke in support of the rezoning. Public Hearing was closed by Mayor Boyle at 6:42pm. 6. 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: Nelz Ruiz spoke on the safety of children in Cibolo Vista especially near bus stops. Jason Wiederstein introduced himself as a candidate for the Green Valley Special Utility District. Gayle Cagianut was glad that the city decided to wait on the annexation meeting. She hope that the next meeting citizens will be given more notification time. Joe Cagianut stated that council needs to get people involved in the changes that the city wants to make. Blake Kirby states that he moved here into this area because of the country environment and wants it to stay that way. Larry Johnston stated that Cibolo has a bad reputation with the county. He would like the ability for individuals to vote if they want to be annex into the City. Cindy Spencer stated she loves this City. She thanked all the people involved in Cibolofest and Shred Day. She did say that a city divided cannot stand and that the city needs to work together, be respectfully to each other. She thanked all the incumbents for giving so much to their city and she thanked the City Manager for everything he does. Jayne Mathis thanked the City for placing a proclamation on the agenda to recognize Breast Cancer Awareness. Glenn Weber talked about the bond issues that are on the ballot. Mr. Weber also thanked everyone for Cibolofest and Shred Day. Mark Allen read a letter from Mr. Cordova that was unable to be present tonight. Mr. Cordova concern was for the entrance to Buffalo Crossing that seem to flood each time we get a heavy rain. The Mayor read a letter from Nick Sherman stating the candidates running for the Green Valley Special Utility District. 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 October 9, 2018. B. Approval of the August 2018 Check Register pending final acceptance of the City's financial audit for the 2017/2018 Fiscal Year. C. Approval of the August 2018 Revenue and Expense Report pending final acceptance of the City's Financial audit for the 2017/2018 Fiscal Year. Councilman Garrett made the motion to approve the consent agenda. Motion was seconded by Councilman Gibbs. For: All; Against: None. Motion carried 5 to 0. 8. Presentation A. Presentation of 5 Year Service Award to Jeremy Trimm. Jeremy Trimm of the Utility Department was presented the 5 Year Service Award. B. Presentation of a 10 Year Service Award to Irvin Stier. Irvin Stier of the Streets Department was presented the 10 Year Service Award. C. Proclamation for Breast Cancer Awareness Month. Proclamation for Breast Cancer Awareness Month was read by Councilwoman Schultes and presented to her mother. 9. Staff Updates/Discussion A. Police Department B. Administration — Christine Pollok gave a report on the upcoming Balloon Festival. 10. Resolution A. Approval/Disapproval of a Resolution by the City Council of the City of Cibolo, Texas authorizing a First Amendment to the Southern Plant Wastewater Services and Funding Agreement by and among the City of Cibolo, Texas, the City of Schertz, Texas and the Cibolo Creek Municipal Authority pertaining to the Southern Plant Regional Wastewater Facility; authorizing the City Manager to execute the First Amendment; and other matters in connection therewith. Councilman Garrett made the motion to approve the Resolution by the City Council of the City of Cibolo, Texas authorizing a First Amendment to the Southern Plant Wastewater Services and Funding Agreement by and among the City of Cibolo, Texas, the City of Schertz, Texas and the Cibolo Creek Municipal Authority pertaining to the Southern Plant Regional Wastewater Facility; authorizing the City Manager to execute the First Amendment; and other matters in connection therewith. Motion was seconded by Councilman Hicks. For: Council Members: Schultes, Garrett, Gibbs, Byrd and Hicks; Against: Councilman Russell. Motion carried 5 to 1. 11. Discussion/Action A. Discussion/Action on postponing the proposed 2018 annexation plan. Councilman Garrett made the motion to postpone the proposed 2018 annexation plan and to appoint three council members as a sub -committee that will meet and go over the proposed annexation plan and come back to the full council with a recommendation. Those members for the sub -committee are Councilman Gibbs, Garrett and Byrd. Motion was seconded by Councilman Hicks. For: All; Against: None. Motion carried 6 to 0. B. Discussion/Action regarding the Preliminary Acceptance of infrastructure for Saratoga Subdivision Unit 6. Councilman Garrett made the motion to approve the Preliminary Acceptance of infrastructure for Saratoga Subdivision Unit 6 to include Sanitary Sewer: 1,311 Lineal Feet with a valuation of $136,805.45; Drainage: 194.4 Linear Feet with a valuation of $30,064.60; Public Street: 1,547.07 Linear Feet with a valuation of $287,908.05; Other: Site Work, SWPPP, conduit, French Drain, permit at $150,914.07 and Water: 1,544 Linear Feet with a valuation of $87,187.74 (GVSUD). Motion was seconded by Councilman Hicks. For: All; Against: None. Motion carried 6 to 0. C. Discuss and take appropriate action to initiate any changes to City Ordinance 4817, dated October 23, 2007, Sec. 50-22 Firearms, Article III Regulations and Prohibited Conduct. This item was discussed but no action was taken at this time. D. 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. This item was discussed. Mr. Herrera will have legal look at it and we will look at what other cities are doing and bring this item back at a later date. E. Discussion and direction to staff on having a position statement prepared by the requester (staff/councilmember) so council has the ability to study the subject and come prepared to have a quality discussion on the item. The City Secretary will send a form to council for approval. F. 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 October and November 2018. 12. Closed Session The City Council will meet in Closed Session as authorized by Texas Govt. Code Section 551.087 Economic Development and Texas Govt. Code Section 551.071 Consultation with Attorney to discuss the following: A. Possible economic development negotiations for company to locate in City. B. Development Agreement between the City of Cibolo and Cibolo Turnpike L.P. C. Draft Environmental Risk Assessment for the Cibolo Parkway Project. Council went into closed session at 8:47pm. 13. 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 10:30pm. Councilman Byrd made a motion on 12A. Direction is for The City Manager to enter into preliminary negotiations with a company wanting to locate in Cibolo. Motion was seconded by Councilwoman Schultes. For: All; Against: None. Motion carried 6 to 0. No action was taken on 12 B and C. 14. Adiournment — Councilman Gibbs made the motion to adjourn the meeting at 10:31 pm. Motion was seconded by Councilman Garrett. For: Council Members: Schultes, Garrett, Gibbs, Russell and Hicks; Against: Councilman Byrd. Motion carried 5 to 1. PASSED AND APPROVED THIS 13 T" DAY OF NOVEMBER 2018. Com` Jim Russell Mayor Pro Tem ATTEST // 17P7 Peggy Cimics, TRMC City Secretary