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Min CC 12/11/2018or C/s � U r_O renes "LityofChoice" CITY COUNCIL MEETING CIBOLO MUNICIPAL BUILDING 200 S. Main December 11, 2018 6:30 p.m. MINUTES I . Call to Order — Mayor Boyle called the meeting to order at 6:31p.m 2. Roll Call and Excused Absences — Council Present: Mayor Boyle, Councilwoman Schultes, Councilman Garrett, Councilman Byrd, Councilman Gibbs, Councilman Allen, Councilman Woliver and Councilman Hicks; Staff Present: City Manager Herrera, City Attorney Garza, City Secretary Cimics, Finance Director Miranda, Fire Chief Niemietz, Police Chief Hugghins, Public Works Director Fousse, Planning & Engineering Director Klein, IT Director Mr. McDaniel, EDC Director Luft, Asst. Planning & Engineering Gonzalez. 3. Invocation — Invocation was given by Councihnan Gibbs. 4. Pledge of Allegiance — All in attendance recited the Pledge of Allegiance. 5. Ceremonial A. Farewell to District 5 Councilman and Mayor Pro -Tem Jim Russell. Mr. Herrera gave a gift to Mayor Pro -Tem Jim Russell for his time serving on City Council, B. Farewell to District 6 Councilman Jay Hogue. Councilman Jay Hogue was given a gift by City Manager Mr. Herrera for his service as a Councilmember. 10 minute break was called by the Mayor at 6:40 p.m. to give everyone the opportunity to say goodbye to both Councilman Russell and Councilman Hogue. Meeting was called back to order by Mayor Boyle at 6:56 p.m. 6. Presentation A. Presentation of 5 Year Service Award to Toni Cheezum. Mr. Herrera presented a 5 Year Service Award to Toni Cheezum from the Fire Department. B. Presentation of awards to Cibolofest Major Sponsors. Gold Sponsors — Fasken Oil & Ranch, Blanton Development, Schertz Bank & Trust, McGarrell Orthodontics, Cibolo Small Animal Hospital, Coursen-Kohler, Alligator Dental, Advanced Solar & Electric, Alamo 1, Wuest, Texas Turnpike Corp., D&D Contractors and HM Cibolo 151 were all recognized as Cibolofest 2018 Major Sponsors. C. Presentation from Schertz—YMCA Senior Recreation Program and questions by City Council. City Council received a briefing on the Schertz Area Senior Center to include membership, activities and programs, community partners and GIS data. Public Hearin A. The Cibolo City Council will conduct a public hearing to hear public testimony concerning the disannexation of 69.1 acres from the City Limits, located at 260 West Schaefer Road, Cibolo, Texas 78108. Mn Herrera made a few opening comments. Mayor Boyle opened the public hearing at 7:18 p.m. The following individuals spoke: Mark Schupp played a tape of the last council meeting where the city says they would not be doing anything else on annexation until after January. Mr. Schupp stated how you cannot think disannexation is not part of the annexation. Deborah Schupp gave her time to her husband so he could continue to speak. Rita Butler stated that the city said nothing would be done with annexation to next year. Kenneth Davis wanted to know how many people were sent notice of the public hearing for the disannexation. Kara Latimer understood why we annex back in 1986 because of flooding but did not understand why we would disannex as flooding is still an issue in Cibolo. Larry Johnson stated that the city was out of control and that nothing should be taking place as promised until next year. Glenn Weber ask was this information for information only and no action is going to take place. Carol Buell was in favor of the disannexation as it protected all the citizens. Katie Cunningham stated that the city had a valid argument to annex the Bexar County property in 1986 due to flooding by disannexation what will happen with flooding issues. If this property had not paid taxes since being annex how many other properties in Cibolo are like this. Mayor Boyle closed the public hearing at 7:41 p.m. B. The City of Cibolo City Council will hold a public hearing to hear public testimony regarding a Conditional Use Permit (CUP) for a Restaurant, Fast Food use located at 200 Pfeil Road. Mayor Boyle opened the public hearing at 7:44 p.m. Katie Cunningham ask one question on the exact location. Public hearing was closed by Mayor Boyle at 7:45 p.m. C. The City of Cibolo City Council will hold a public hearing to hear public input on the need to continue the Juvenile Curfew Ordinance. Public hearing was opened at 7:51 p.m. Mr. Brown spoke and stated that there was not anything for kids to do in Cibolo. Mr. Schupp said that lie did not know Cibolo had a curfew and maybe they should put up a few signs at the entrances to Cibolo to let people know about the ordinance. Mayor Boyle closed the public hearing at 7:52 p.m. 8. 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: Bruce Bebow spoke on item 11C and was against the first amendment to the Land Study for the Schulmeier Tract. Dawn Horton Steele High School Project Graduation Liaison was asking for businesses and city to contribute to this project. They are trying to raise $50,000 for this event. Kevin Raymer stated that he had placed signs in his neighborhood for visit with Santa and that a city employee came by and removed the signs. The city employee said they were not in compliance with the city ordinance. Mr. Raymer said he should have told him what was wrong and wanted to know why he could not get his signs back. Cindy Spencer congratulated the two new councihnembers and those reelected. Ms. Spencer also stated that the city had several good events with the Tree Lighting and Cibolo Holiday Parade. MS. Spencer also spoke in opposition of Cibolo providing funds to the Schertz Senior Program. Paul Buell wanted to know why no official committee has been formed for the Cibolo Youth Alliance. If the city is spending money on a program it should be a committee formed by council with an agenda, minutes and accountability of spending. Kara Latimer spoke on the annexation. Katie Cunningham spoke on item 12A Personnel Policy. She stated that there were numerous items she did not see addressed in the policy. Maggie Titterington stated Cibolo had three new businesses open up recently. Cibolo also had several great events with the Tree Lighting and Parade that brought numerous citizens. Nick Sherman spoke on a Special Meeting this Thursday for Green Valley Special Utility District at 9am. Lisa Jackson spoke on item I IB and stated that council should look at Councilman Garrett for that position as he has been on council long than any other councilmember and would make an excellent choice for that position. Ms. Jackson also was concerned about several small businesses that have been taken advantage of by their contractor. Several members of council/staff have been notified, something needs to take place to help this group of small business owners. Rebecca Dowda spoke on the 380 Agreement with Walmart. The noise from trucks is unbearable at times and would think Walmart would want to be a better neighbor. 9. 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 November 13, 2018. B. Approval of the minutes of the Special City Council Meeting held on November 15, 2018. Councilman Hicks made the motion to approve the consent agenda. Motion was seconded by Councilman Gibbs. For: All; Against: None. Motion carried 7 to 0. 10. Staff Updates/Discussion A. Fire Department B. IT Department C. Planning & Engineering Department D. Police Department E. Court Department F. Public Works Department G. Administration — Mr. Herrera confirmed the date of Feb 1 for a Council/Staff Workshop. Mr. Herrera also showed a picture of the City Managers Trophy Award Winner at the Cibolo Holiday Parade (Traditional American Indian Society). 11. 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. Councilman Garrett made the motion to appoint Brooke Knowlton to the Animal Advisory Board. Motion was seconded by Councilman Hicks. For: All; Against: None. Motion carried 7 to 0. Councilman Garrett made the motion to appoint Kristin Griffiths to the Animal Advisory Board. Motion was seconded Councilwoman Schultes. For: All; Against: None. Motion carried 7 to 0. Councilwoman Schultes made the motion to appoint Chris Vachon to the Parks Commission. Motion was seconded by Councilman Hicks. For: All; Against: None. Motion carried 7 to 0. Councilman Garrett made the motion to appoint Judy Womack to the History Committee. Motion was seconded by Councilman Gibbs. For: All; Against: None. Motion carried 7 to 0. Councilman Garrett made the motion to appoint Cassandra Kearns to the History Committee. Motion was seconded by Councilman Allen. For: All; Against: None. Motion carried 7 to 0. Councilman Allen made the motion to appoint Casey Meadows to the History Committee. Motion was seconded by Councilman Gibbs. For: All; Against: None. Motion carried 7 to 0. Councilman Hicks made the motion to appoint Kara Latimer as an alternate to the Planning and Zoning Commission. Motion was seconded by Councilman Byrd. For: All; Against: None. Motion carried 7 to 0. B. Discussion/Action on the appointment of a Mayor Pro -Tem. Councilman Byrd made the motion to nominate Councilman Gibbs for Mayor Pro -Tem. Motion was seconded by Councilwoman Schultes. Councilman Hicks made the motion to nominate Councilman Garrett for Mayor Pro -Tem. Motion was seconded by Councilman Allen. No other nominations. Mayor ask for a roll call vote on the first nomination Councilman Gibbs. Councilman Hicks — No, Councilman Woliver — Yes, Councilman Allen — No, Councilman Gibbs — Yes, Councilman Byrd — Yes, Councilman Garrett — No and Councilwoman Schultes — Yes. Motion carried 4 to 3 for Council Gibbs as Mayor Pro -Tem. C. Discussion/Action regarding the First Amendment to the Land Study for the Schulmeier Tract Development, located within the City's F,xtra-Territorial Jurisdiction. Councilman Byrd made the motion to table this item until the second meeting in January 2019. Motion was seconded by Councilman Hicks. For: All; Against: None. Motion carried 7 to 0. D. Discussion on a Resolution and hnterlocal Cooperation Agreement between Guadalupe County and the City of Cibolo for regulating Subdivision in the Extraterritorial Jurisdiction of the City of Cibolo and within the unincorporated areas of Guadalupe County. Council gave direction for a letter to be sent to the County asking for an opinion from the Attorney General's Office. This item will be brought back to the next regular scheduled council meeting in January. E. Discussion/Action to -authorize the City Manager to execute a contract with D&D Contractors, Cibolo, Texas in the amount of One Hundred Thirty Nine Thousand, One Hundred Twenty Nine Dollars and Eighty Nine Cents ($139,129.89) and establishing a contingency amount of Fifteen Thousand Dollars ($15,000.00) to construct the Main Street at Pfeil Road Downtown Parking Area. Councilman Hicks made the motion to authorize the City Manager to execute a contract with D&D Contractors, Cibolo, Texas in the amount of One Hundred Thirty Nine Thousand, One Hundred Twenty Nine Dollars and Eighty Nine Cents ($139,129.89) and establishing a contingency amount of Fifteen Thousand Dollars ($15,000.00) to construct the Main Street at Pfeil Road Downtown Parking Area. Motion was seconded by Councilwoman Schultes. For: All; Against: None. Motion carried 7 to 0. F. Discussion/Action on either abolishing, continuing or modifying Ordinance 863 the Juvenile Curfew Ordinance. Councilman Byrd made the motion to continue with Ordinance 863 the Juvenile Curfew Ordinance. Motion was seconded by Councilman Garrett. For: All; Against: None. Motion carried 7 to 0. G. Discussion/Action on a Form for Future Agenda Items. Councilman Byrd made the motion to discuss this item at the Council Retreat scheduled for 1 Feb 2019. Motion was seconded by Councilman Hicks. For: All; Against: None. Motion carried 7 to 0. 4 H. Discussion/Action on setting the dates and times for Ethics Training in February 2019. This training is required by City Council, City Manager and all Department Heads and all Boards, Commissions, Corporations and Committees appointed by City Council. Council agreed that the Ethics Training will take place on Thursday, February 7°1 at 6:30 p.m. and on Saturday, February 23`d at 9 a.m. All members Boards, Committees, Commissions, Council and Department Heads will be required to attend one of the two sessions. 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 for December 2018 and January 2019. 12. Resolution A. Approval/Disapproval of a Resolution of the City of Cibolo adopting the Personnel Policy of the City of Cibolo. Councilman Hicks made the motion to approve the Resolution of the City of Cibolo adopting the Personnel Policy of the City of Cibolo. Motion was seconded by Councilman Byrd. For: All; Against: None. Motion carried 7 to 0. 13. Ordinances A. Approval/Disapproval of an Ordinance of the City of Cibolo regarding a Conditional Use Permit (CUP) for a Restaurant, Fast Food use located at 200 Pfeil Road. Councilman Byrd made the motion to approve an Ordinance of the City of Cibolo regarding a Conditional Use Permit (CUP) for a Restaurant, Fast Food use located at 200 Pfeil Road. Motion was seconded by Councilman Hicks. For: All; Against: None. Motion carried 7 to 0. 14. Executive 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 Economic Development Director Glenn Weber. Council went into Executive Session at 11:18 p.m. 15. 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 12:02 a.m. Councilman Byrd made the motion to direct the City Attorney to draft a letter that will be reviewed and agreed upon by all of City Council. Motion was seconded by Councilman Gibbs. For: All; Against: None. Motion carried 7 to 0. 16. Adiournment Councilman Hicks moved to adjourn the meeting at 12:03 a.m. Motion was seconded by Councilman Byrd. For: All; Against: None. Motion carried 7 to 0. 5 PASSED AND APPROVED THIS 8TH DAY OF JANUARY 2019 sh Bo Mayor ATTEST: <, � �) - Z Peggy Cimics, TRMC City Secretary