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Min CC 01/22/2019CITY COUNCIL MEETING CIBOLO MUNICIPAL BUILDING 200 S. Main January 22, 2019 6:30 p.m. Minutes 1. Call to Order — Meeting was called to order by Mayor Boyle at 6:32 p.m. 2. Roll Call and Excused Absences — Council Present: Mayor Boyle, Councilwomen Schultes, Councilman Garrett, Councilman Byrd, Councilman Gibbs, Councilman Allen, Councilman Woliver and Councilman Hicks; Staff Present: City Manager Mr. Herrera, City Attorney Mr. Linder, City Secretary Ms. Cimics, Finance Director Ms. Miranda, IT Director Mr. McDaniel, EDC Director Mr. Luft, Planning & Engineering Mr. Klein, Fire Chief Niemietz, Police Chief Hugghins and Public Works Director Mr. Fousse. 3. Invocation — Invocation was given by Pastor Ford of St. Paul Evangelical Church 4. Pledge of Allegiance — All in attendance recited the Pledge of Allegiance. 5. Presentation A. Presentation of Award to St. Paul Evangelical Church for their continued support of the City of Cibolo. B. Presentation of Award to the Schertz Animal Hospital for their support of the Police Department and Animal Shelter. C. Presentation of 5 Year Service Award to Eddie Gonzales, Fire Department. D. Presentation of the 3`d Quarterly Award for 2018 to Kelly Craighead, Parks Department Superintendent. City Manager Mr. Herrera and Mayor Boyle presented St. Paul Evangelical Church an award for their continued support of the City Cibolo and its employees. Schertz Animal Hospital was presented an award for support to the Cibolo Animal Shelter and the Cibolo Police Department. Mr. Herrera and Mayor Boyle presented the 5 Year Award to Eddie Gonzales a member of the Cibolo Fire Department. Kelly Craighead, Parks Superintendent was presented the 3`a Quarterly Award for 2018. 6. Public Hearing A. The Cibolo City Council will conduct a public hearing to hear public testimony regarding the rezoning of a one (1) acre tract of General Commercial (C-4) to Manufactured (MH -1) from a parent tract of three (3) acres located at 1537 Bolton Rd. Lisa Gonzalez Assistant Director of Planning and Engineering presented this item to City Council. Mayor Boyle opened the Public Hearing at 6:47 p.m. No citizens wish to speak and Mayor Boyle closed the Public Hearing at 6:48 p.m. B. The Cibolo City Council will conduct a public hearing to hear public testimony regarding the rezoning of 35.841 acres located approximately south of I14-35 and west of the Lantana Subdivision to expand the Cibolo Crossing Planned Unit Development (PUD) zoning. This item was briefed by Ms. Gonzalez, Assistant Director of Planning and Engineering. Mayor Boyle opened the Public Hearing at 6:51 p.m. No one wish to speak on this item and Mayor Boyle closed the Public Hearing at 6:52p.m. 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: Mary Hamann spoke on the Way Finding Signs that are installed near Fire Station 42 on Cibolo Valley Drive and the one on Borgfeld Road and Cibolo Valley Drive. She stated that she had talked with EDC about this approximately one year ago but has heard nothing since. The signs are not in compliance with TxDOT rules and she would like to help to resolve the issue. Ms. Hamann also addressed item 12A stating that she has known Ms. Latimer for many years and she is dedicated resident of the city. Jim Russell address item I OC compensation for expenses incurred by Mayor and Council. Mr. Russell stated that council only has a small budget and council may look at allocating this budget by council members as in the past the budget has been used only by one or two individuals. Council may want to look at the budget if a council member is unable to attend seminars maybe they could use their share towards a district newsletter or something that would benefit the city. Joe Cagianut spoke on several items to include Guadalupe Co. working on a Strategic Plan and it might be something the city may want to look at. Mr. Cagianut stated that he understood that the city would be having a Workshop/Retreat and they might want to review the UDC on flooding. He does not feel we are following are own rules. Spoke on removing Ms. Latimer and stated he reviewed the tape and did not feel that she did anything wrong. Suggested that everyone look at the tape. Mr. Cagianut stated the city needed more people like Ms. Latimer that just didn't rubber stamp everything brought forward to them for approval. He also had pictures on KB Homes and dumping along Green Valley Road. Mr. Roberson was surprise to see Ms. Latimer on the agenda for possible removal after just one meeting. Stated that he watch the tape and saw no disrespect or conflict. Mr. Roberson stated that P&Z members should not have contact with developers outside the P&Z meeting. Ms. Latimer stated when she joined the P&Z she was given Planning 101 document to read. She stated that she is learning and is just asking questions on what she has been given to read. JC Dufresne did not know why the removal of Kara Latimer was brought forward at this time. JC stated that Ms. Latimer has ask good questions and thought that the commission was working as a group. Maggie Titterington from The Chamber briefed council on upcoming events. Mark Schupp spoke in favor of Ms. Latimer. He stated he watch the video and saw no issues. Cody Wheeler thanked the City Council for serving their city. He stated he was a member of the Leadership Core and was visiting as part of that group. Jayme Mathis thanked the Police Department for Coffee with Cops at Kindling Kitchen. lie also spoke that perception is Cibolo is not friendly to small business. Mr. Mathis stated perception is reality. Lary Johnston spoke in support of Ms. Latimer. He watched the video and saw nothing that would require the removal of an individual from the commission. Katie Cunningham also spoke in support of Ms. Latimer. She was surprise that a complaint had been filed. Melvin Hicks spoke on the need for better cameras in the Council Chambers. John Frias informed council that Timber Tech had closed and he was working with Mr. Luft on the sale of the property. Timber Tech merged two locations into one and 77 employees were given notice. Severance packages were given to many of the employees and many of the employees had found jobs within two weeks. Mr. Frias also spoke on Ms. Latimer and stated the meeting was not heated and she should have more time before deciding to remove her. 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 Regular City Council Meeting held on January 8, 2019. B. Approval of the November 2018 Check Register pending final acceptance of the City's financial audit for the 2018/2019 fiscal year. C. Approval of the November 2018 Revenue and Expense Report pending the final acceptance of the City's financial audit for the 2018/2019 fiscal year. Councilman Garrett made the motion to approve the consent agenda. Motion was seconded by Councilman Byrd. For: All; Against: None. Motion carried 7 to 0. 9. Staff Updates/Discussion A. Police Department B. Public Works Department C. Administration — Mr. Herrera notified council that at the next meeting we would be placing an item on the agenda to replace former Councilman Hogue who was a member of the Cibolo Valley Local Government Corporation (CVLGC). 10. Discussion/Action A. Discussion/Action to authorize the City Manager to execute a contract with Texas Highway Products, Round Rock, Texas, in the amount of Sixty Three Thousand, One Hundred and Thirty Three Dollars and Zero Cents ($63,133.00) and establishing a contingency amount of Six Thousand Three Hundred Dollars and Zero Cents ($6,300.00) to complete the planned upgrades to the school zone warning signs within Cibolo, Texas. Councilman Hicks made the motion to authorize the City Manager to execute a contract with Texas Highway Products, Round Rock, Texas, in the amount of Sixty Three Thousand, One Hundred and Thirty Three Dollars and Zero Cents ($63,133.00) and establishing a contingency amount of Six Thousand Three Hundred Dollars and Zero Cents ($6,300.00) to complete the planned upgrades to the school zone warning signs within Cibolo, Texas. Motion was seconded by Councilman Gibbs. For: All; Against: None. Motion carried 7 to 0. B. Discussion/Action on setting the date for the Joint CIP, Council, EDC and P&Z Meeting. Setting the start date for Impact Fee Committee. This item was discussed and staff stated that the CIP Committee will be meeting on February 6'r` and if another meeting is not required a joint meeting with Council, Planning & Zoning, Economic Development and CIP will be set for late February early March. Once the CIP committee is completed they will continue to work on the Impact Fees for the city. C. Discussion/Action on a City Council Policy for compensation/reimbursement for actual expenses incurred in the performance of official duties. Council recommend that this item be added to the Council Workshop/Retreat scheduled for February 1, 2019. D. 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 January and February 2019. 11. Ordinances A. Approval/Disapproval of an Ordinance of the City of Cibolo providing for the second amendment of the Budget for the Fiscal Year 2017-2018. Councilman Garrett made the motion with the correction of the FY to approve the Ordinance of the City of Cibolo providing for the second amendment of the Budget for the Fiscal Year 2018-2019. Motion was seconded by Councilman Byrd. For: All; Against: None. Motion carried 7 to 0. B. Approval/Disapproval of an Ordinance of the City of Cibolo to rezoning of a one acre tract out of a 3.0 acre tract located at 1537 Bolton Road from General Commercial (C-4) to Manufactured Home Residential (MH - 1). Councilman Allen made the motion to approve an Ordinance of the City of Cibolo to rezoning of a one acre tract out of a 3.0 acre tract located at 1537 Bolton Road from General Commercial (C-4) to Manufactured Home Residential (MH -1). Motion was seconded by Councilman Hicks. For: All; Against: None. Motion carried 7 to 0. 12. Executive Session The City Council will meet in Closed Session as authorized by Texas Govt. Code Section 551.071 Consultation with Attorney and 551.074 Personnel Matters to discuss the following: A. Discussion with City Attorney regarding the removal of Planning & Zoning Commissioner Kara Latimer. B. Discussion with City Attorney regarding citizen complaint filed against Economic Development Director Glenn Weber. C. Discussion with City Attorney regarding the First Amendment to the Land Study for the Schulmeier Tract Development, located within the City's Extra -Territorial Jurisdiction. Council went into Executive Session at 8:15 p.m. 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 9:42 p.m. 13A. Councilman Gibbs made the motion that Council Members Garrett, Woliver and Schultes meet with Ms. Latimer and go over the policies, procedures and best practices for the Planning & Zoning Commission. Motion was seconded by Councilman Byrd. For: All; Against: None. Motion carried 7 to 0. 13B. Councilman Woliver made the motion to authorize the Mayor and the Mayor Pro -tem to speak with Mr. Weber and discuss the concerns they have and to reinforce the Code of Ethics. Motion was seconded by Councilman Gibbs. For: All; Against: None. Motion carried 7 to 0. 13C. Councilwoman Schultes made the motion to approve the First Amendment to the Land Study for the Schulmeier Tract with the condition that all lots outside of Cibolo wastewater CCN meets the Guadalupe County regulations. Motion was seconded by Councilman Byrd. For: All; Against: None. Motion carried 7 to 0. 14. Adiournment Councilman Byrd made the motion to adjourn the meeting at 9:45 p.m. Motion was seconded by Councilman Hicks. For: All; Against: None. Motion carried 7 to 0. 4 N; W�i T0h 344Mayor ATTEST: Peggy Cimics, TRMC City Secretary 12" DAY OF FEBRUARY 2019.