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Min CC 04/09/2019y OF C/9 O ` \ O TCx As ''Ot,oIch.'W CITY COUNCIL MEETING CIBOLO MUNICIPAL BUILDING 200 S. Main April 9, 2019 6:30 p.m. MINUTES 1. Call to Order — Meeting was called to order by Mayor Boyle at 6:30 p.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 Mr. Herrera, City Attorney Mr. Lindner and City Attorney Mr. Garza, City Secretary Ms. Cimies, Finance Director Ms. Miranda, IT Director Mr. McDaniel, Police Chief Hugghins, Fire Chief Niemietz, Planning & Engineering Director Mr. Klein, Assistant Planning Director Ms. Gonzalez, EDC Director Mr. Luft and Public Works Director Mr. Fousse. 3. Invocation — Mayor Boyle gave the Invocation. 4. Pledge of Allegiance — The Pledge of Allegiance was led by SCUCISD students that have parents in the military. 5. Presentation A. Presentation of a Proclamation proclaiming April 2019 Month of the Military Child. Proclamation was read by Councilman Woliver retired military member and presented by Mayor Boyle and Councilman Woliver to SCUCISD children of military parents. B. Presentation of a Proclamation for Parkinson's disease Awareness Month. Proclamation was read by Councilman Gibbs and presented by Mayor Boyle to Mr. Raymer a Cibolo citizens that suffers from Parkinson's disease. C. Presentation of a Proclamation for National Crime Victims' Rights Week. Proclamation was read by Councilman Allen and presented by Mayor Boyle to Ms. Douglas. D. Presentation of a Proclamation for National Sexual Assault Awareness and Prevention Month. Proclamation was read by Councilman Garrett and presented to Ms. Garrett by Mayor Boyle. E. Presentation of a Proclamation for Child Abuse Prevention & Awareness Month. Councilman Byrd read the proclamation and presented to Ms. Douglas by Mayor Boyle. F. Presentation of the Gary Kelly Award for 2018. The Gary Kelly Award for 2018 was presented to Ms. Pedde by Mr. Herrera and Mayor Boyle. Ms. Pedde has volunteered and served on numerous committees and commissions over several years. She is currently a member of the Board of Adjustments, Economic Development Corporation and Cibolo's representative to the Cibolo Local Government Corporation. 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 signed up to be heard. Mr. Humiston spoke to council on a skylight event he has been working on with the owners of the Alamo City Motorplex Speedway. His event is scheduled for April 13tt' and he did not know the Cibolo required permits/forms before the event would be approved. He also stated he was not aware that the Speedway was in the City of Cibolo as the address is listed as Marion, Texas. He came to council to see if council could possible give a variance. Since this was only citizens to be heard no discussion or decision could be made at this meeting. Mr. Stolte from the Cibolo Bowling Club came to inform all citizens that their club would be having their annual fundraiser the last week in April. He still needs bowlers and pin setters. He invited everyone to come out and support the Cibolo Bowling Club. Mr. Raymer spoke on Parkinson disease and stated he had a good attitude and a lot of support. He thanked the council for the proclamation. Ms. Titterington from the Chamber briefed council on upcoming events. She congratulated 1908 from winning the best beverage at the Taste this year. Ms. Spencer stated she was disappointed on a recent decision council made on a variance. She stated she is blessed to live in Cibolo and thanked the staff for the great job they do. She reminded everyone that the police and fire will be having their annual Gun and Hoses Game on Aril 121' at Steele High School. Ms. Zimmerman stated she was aware of property codes as she works for a city and deals with these codes quite a bit. She felt the opinion the City Attorney gave at the last council meeting was incorrect and that the council needed to re -visit this ordinance. Mr. Hicks informed council that before the city sold the old city hall/police station building he ask that the flag pole be moved to the old school house. It was not done and he felt that since his last name is Hicks no one takes his comments seriously. 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 March 26, 2019. B. Approval of the February 2019 Check Register pending final acceptance of the City's financial audit for the 2018/2019 fiscal year. C. Approval of the February 2019 Revenue and Expense Report pending the final acceptance of the City's financial audit for the 2018/2019 fiscal year. Councilman Hicks had questions on item 7B. Councilman Gannett made the motion to approve the consent agenda with the exception of item 7B. Motion was seconded by Councilman Hicks. For: All; Against: None. Motion carried 7 to 0. 8. Staff Updates/Discussion A. Police Department B. Fire Department C. IT Department D. Planning & Engineering Department E. Court Department F. Administration —Leigh Ann Rogers gave an update on the planting of trees at the Ron Pedde Memorial Garden. Discussion/Action A. Discussion/Action on the removal, appointments and re -appointments to Planning and Zoning Commission, Board of Adjustments, Capital Improvement Program (CIP)Committee, Charter Review Committee, Master Plan Committee, Youth Council, Cibolo Economic Development Corporation Board, Animal Advisory Board, and all other Committees, Commissions and Boards. City Council interview ten applicants for the Planning & Zoning Commission and the Economic Development Corporation. Council decided to wait until the April 23`d Council meeting before making selections for these two major committees. Council did inform the individuals that interviewed today that they did not have to attend the April 23' meeting to be appointed. Council thanked all the applicants for volunteering to serve on a committee and taking the time to be here today for interviews. B. Presentation/Discussion of the 2018 Economic Development Corporation Year in Review Report. Mr. Petersen the President of the Economic Development Corporation gave council a report on the EDC for FY2018. Mr. Petersen covered new businesses in 2018, active & future development, EDC highlights and budget highlights. Mr. Petersen also presented the EDC priority list that included attracting new businesses, retention & expansion, increase infrastructure, continue support of Old Town redevelopment and ensuring the use of EDC funds. C. Discussion/Action regarding the acceptance of an application of voluntary annexation of 160 acres located at the northwest corner of IH -10 and Santa Clara Road; and the authorization for staff to enter into a service plan and other agreements necessary for the annexation thereof. Councilman Hicks made the motion to approve the acceptance of an application of voluntary annexation of 160 acres located at the northwest corner of IH -10 and Santa Clara Road; and the authorization for staff to enter into a service plan and other agreements necessary for the annexation thereof. Motion was seconded by Councilman Gibbs. For: All; Against: None. Motion carried 7 to 0. D. Discussion/Action and authorization for the City Manager to enter into a 5 year contract with Axon Enterprises (Body Camera's and Evidence Software) for $130,795.00. Councilman Byrd made the motion to authorize the City Manager to enter into a 5 year contract with Axon Enterprises (Body Camera's and Evidence Software) for $130,795.00. Motion was seconded by Councilman Hicks. For: All; Against: None. Motion carried 7 to 0. Council took a recess at 9:15 p.m. Council returned into regular session at 9:26 p.m. E. Discussion/Action regarding the Final Acceptance of Public Infrastructure for multiple units within Mesa at Turning Stone Subdivisions. Councilman Allen made the motion to approve the Final Acceptance of Public Infrastructure for multiple units within Mesa at Turning Stone Subdivisions to include: Sanitary Sewer: 6,999 Lineal Feet with a valuation of $520,421.75, Drainage: 3,674 Lineal Feet with a valuation of $556,721.21, Public Streets: None (all streets within the gates of all Units are private, HOA owned and maintained), Public Street (Unit I in front of gate): 140 Linear Feet with a valuation of $50,000.00. Motion was seconded by Councilman Gibbs. For: All; Against: None. Motion carried 7 to 0. F. Discussion/Action on awarding a contract for Architectural/Engineering Service for Fire Station 43 and authorization for the City Manager to sign the contract. Councilwoman Schultes made the motion to approve awarding a contract for Architectural/Engineering Service for Fire Station #3 and authorization for the City Manager to sign the contract. Motion was seconded by Councilman Hicks. For: All; Against: None. Motion carried 7 to 0. G. Discussion and direction to staff on the City of Cibolo's trash contract. City Manager's Office will set up a meeting for staff and Councilman Hicks to speak with trash contractors Republic Services. H. Discussion and possible action on regulating and/or permitting the hauling of raw sewage within the city limits and prohibiting the discharge of sewage into city streets, right of ways, or drainage facilities. City Manager stated that he would have a meeting setup to discuss this item and meeting will include Councilman Hicks, Byrd and Allen. I. Discussion/Action on revising the council policy concerning citizens comments during open meetings and public hearings. Council approved letting letters be read by council from citizens. Council also agreed that citizens could speak for three minutes with no more than one person giving their time to another for a total of no more than six minutes for "Citizens to be Heard and "Public Hearings". J. Discussion/Action and direction to staff on an ordinance to amend the Code of Ordinances Chapter 74 Traffic and Vehicles, by adding Article XII Motor -Assisted Scooters, Pocket Bikes and Mini -Motorbikes be prohibited in the interest of safety. Councilman Allen made the motion to approve an ordinance to amend the Code of Ordinances Chapter 74 Traffic and Vehicles, by adding Article XII Motor -Assisted Scooters, Pocket Bikes and Mini -Motorbikes be prohibited in the interest of safety. Motion was seconded by Councilwoman Schultes. For: All; Against: None. Motion carried 7 to 0. K. Discussion/Action regarding the Land Study for the Grace Valley Ranch Subdivision located within the City's Extra -Territorial Jurisdiction. This item was added to the executive session. After the executive session Councilman Garrett made the motion to approve the Land Study for the Grace Valley Ranch Subdivision located within the City's Extra - Territorial Jurisdiction. Motion was seconded by Councilman Byrd. For: Councihnembers: Schultes, Garrett, Byrd, Gibbs, Woliver and Hicks; Against: Councilman Allen. Motion carried 6 to 1. L. Discussion and direction to assess implementation progress of Cibolo's 2016 Comprehensive Master Plan as described in the Plan's Chapter 8. This item will be added to the workshop scheduled in the next 45 to 60 days. M. Presentation/Discussion from Councilmembers that have attended seminars or meetings for the City of Cibolo. Councilman Hicks stated that he had attended a Planning & Zoning Seminar at the AACOG facility in San Antonio. Councilman Hicks also attended an MPO meeting where the IH -35 project was discussed. Councilman Gibbs attended a CRWA meeting. Councilman Gibbs also requested that the City Attorney brief the City Council on all the bills in the Legislative Session that affect cities at the next council meeting. N. 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 April and May 2019. 10. Resolution A. Approval/Disapproval of a Resolution of the City of Cibolo appointing Ted Gibbs to Canyon Regional Water Authority Board of Trustees for a two year term of office. Councilman Allen made the motion to approve a Resolution of the City of Cibolo appointing Ted Gibbs to Canyon Regional Water Authority Board of Trustees for a two year term of office. Motion was seconded by Councilman Hicks. For: All; Against: None. Motion carried 7 to 0. 11. Executive Session The City Council will meet in Closed Session as authorized by Texas Govt. Code Section 551.071 Consultation with Attorney and 551.087 Economic Development to discuss the following: A. Discussion with City Attorney regarding Economic Development Project Seahorse. Council convened into executive session at 10:29 p.m. to discuss the above item and item 9K. 12. 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 11:15 p.m. No action taken on item 1 IA. 13. Adiournment — Councilman Hicks made the motion to adjourn the meeting at 11:16 p.m. Motion was seconded by Councilman Garrett. For: All; Against: None. Motion carried 7 to 0. PASSED AND APPROVED THIS 23RD DAY OF APRIL 2019 ATTEST: Peggy Cimics, TRMC City Secretary