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Min CC 06/11/2019OF C" R o a �r o Tf 11 �5 "Ory fOd'e CITY COUNCIL MEETING CIBOLO MUNICIPAL BUILDING 200 S. Main June 11, 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 — Members Present: Mayor Boyle, Councilwoman Schultes, Councilman Garrett, Councilman Byrd, Councilman Gibbs, Councilman Allen and Councilman Hicks; Members Absent: Councilman Woliver. Councilman Hicks made the motion to excuse the absence of Councilman Woliver. Motion was seconded by Councilman Byrd. For: All; Against: None. Motion carried 6 to 0. 3. Invocation — Invocation was given by Councilman Hicks. 4. Pledge of Allegiance — All in attendance recited the Pledge of Allegiance. 5. Presentation A. Proclamation for National PTSD Post -Traumatic Stress Disorder Awareness Month. Mayor Boyle read the proclamation for PTSD and presented it to Sammy Villela. B. Presentation of a service award to Mr. Dabbs for his service to the Planning & Zoning Commission. Mr. Dabbs was presented a service award and thank you letter by Mayor Boyle and Councilman Byrd for his service on the Planning & Zoning Commission. 6. Public Hearing A. The City of Cibolo City Council will hold a public hearing on Tuesday, June 11, 2019 at 6:30 p.m. to be conducted at Cibolo City Hall, 200 South Main, Cibolo, Texas. The purpose of the meeting is to hear public testimony concerning the voluntary annexation of 159.534 acres located at 3453 South Santa Clara Road. All described property is located in the City of Cibolo's Extraterritorial Jurisdiction (ETJ) and is adjacent to the City of Cibolo. This item was briefed by staff to the City Council. Mayor Boyle open the public hearing at 6:45 p.m. Kelly Lindholm from the Marion School District just stated they would like more information. Mayor Boyle closed the public hearing at 6:46 p.m. B. The Cibolo City Council will hold a public hearing to hear public testimony to consider designating property located at the northwest corner of IH 10 at Santa Clara Road, specifically a tract or parcel containing 159.5 acres or 6,948,566 square feet tract of land as a reinvestment zone under Chapter 312 of the Texas Tax Code. Staff briefed council on this item. Mayor Boyle opened the public hearing at 6:49 p.m. NO one wish to speak and Mayor Boyle closed the public hearing at 6:49 p.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: Judy Womack spoke that the History of Cibolo is now out in print and they would be having a book signing at the Mill on Saturday, June 15" from 1 to 3pm. Maggie Titterington stated that the Chambers luncheon is next Tuesday. She also inform everyone that they are accepting applications for vendors for the Balloon Vest scheduled for October 25"i. The Chamber also has a bowling event on August 23 and still needing teams. Cindy Spencer stated that at the last council meeting they talked about doing background checks for committees and she was in support of that. She gave kudos to the Walmart Manager that comes to council meetings but lives in New Braunfels. Ms. Spencer also congratulated Mr. Petersen for the opening of his new restaurant in Cibolo. She gave thanks to Santikos for hosting both Steele and Clemons Project Graduation. Thank Chief Niemietz on his retirement. Gayle Cagianut spoke on bill recently passed that there is no longer tier 1 & 2 effective immediately. She commend the Mayor and Council for working with the ETJ people and appreciated everyone's hard work. Kara Latimer spoke on the Cibolo Parkway Project and she felt that they had defaulted on the agreement. They said it would be a 4 lane road now it's a 2 lane, environmental studies incomplete and numerous errors, lack of confidence. If city continues a third party appointed by Guadalupe County should be appointed to audit the project. Mr. M. Hicks spoke on the City Council micro -managing the committees, commissions, boards and corporations. Council making way too many changes to procedures'. 8. ConsentAgenda— ConsentItems(GeneralItems) (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 May 28, 2019. B. Approval of the minutes of the Town hall Meeting held on June 5, 2019 Councilman Hicks made the motion to approve the consent agenda. Motion was seconded by Councilman Allen. For: All; Against: None. Motion carried 6 to 0. 9. Staff Updates/Discussion A. Planning & Engineering Department B. IT Department C. Fire Department D. Administration As presented in the Council Packet 10. 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. Councilman Hicks made the motion to appoint Councilman Allen to the Court Security Committee. Motion was seconded by Councilman Garrett. For: All; Against: None. Motion carried 6 to 0. Councilman Hicks made the motion appoint Mr. Zawicki to the Parks and Recreation Committee. Motion was seconded by Councilman Hicks. For: All; Against: None. Motion carried 6 to 0. Council interviewed Mr. Frias, Ms. Gold, Mr. Hetzel, Mr. M. Hicks, Ms. Latimer, Mr. Mathis and Ms. Parker for the Unified Development Committee (UDC). Council did receive a memo from Councilman Woliver who was not present at this meeting to consider waiting on the appointments to give the P&Z and EDC the ability to nominate the individuals from their perceptive committee to the UDC. The UDC calls for a seven member committee consisting of two members of the P&Z, one members of the EDC and four at large positions. Council would also have two ad hoc members on the committee. Council decided to wait till the July 91i meeting to make the appointments. Those individuals that interviewed would not be required to be present to be appointed. B. Presentation/Discussion from the City Attorney Mr. Garza on an update on the bills the legislators passed that will affect cities and those bills that did not pass but cities may want to keep a close eye on for the future. City Attorney Mr. Garza gave a power point presentation on bills that passed and did not pass that would have an effect on city government. C. Discussion/Action on setting a Council Workshop on July 9'r' prior to the regular schedule council meeting to discuss the Cibolo Public Facility Corporation and a request by council to discuss possible bond election. Motion was made by Councilman ]-ticks and seconded by Councilman Byrd to have a Council Workshop on July 9' starting at 5 p.m. to discuss the Cibolo Public Facility Corporation and possible bond election. For: All; Against: None. Motion carried 6 to 0. D. Presentation/Discussion from Comrcilmembers that have attended seminars or meetings for the City of Cibolo. Councilman Hicks stated that cities would not be able to apply for funds from the MPO until 2021. Councilman Gibbs had attended a CRWA meeting where they gave an update on Lake Dunlap. E. Discussion on items council would like to see on future agendas. None at this time. 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 calendar for June and July 2019. Ms. Cimics reminded everyone about the Flag Day ceremony on June 14`r' at 8:30am at the flag pole in front of city hall. Mayor Boyle reminded everyone about the Summer Nights scheduled for Friday, June 14°i at 7pm. 11. Ordinances A. Approval/Disapproval of an Ordinance of the City of Cibolo concerning the voluntary annexation of 159.534 acres located at 3453 South Santa Clara Road. All described property is located in the City of Cibolo Extra - Territorial Jurisdiction (ETJ) and is adjacent to the City of Cibolo. Councilman Hicks made the motion to approve the ordinance of the City of Cibolo concerning the voluntary annexation of 159.534 acres located at 3453 South Santa Clara Road. All described property is located in the City of Cibolo Extra -Territorial Jurisdiction (ETJ) and is adjacent to the City of Cibolo. Motion was seconded by Councilman Byrd. For: All; Against: None. Motion carried 6 to 0. B. Approval/Disapproval of an Ordinance of the City of Cibolo, Texas regarding the assignment of permanent zoning from the Agricultural (AG) district to the Light Industrial (1-1) district for 159.534 acres located at 3453 Santa Clara Road that may be annexed into Cibolo. Councilman Hicks made the motion to approve the Ordinance of the City of Cibolo, Texas regarding the assignment of permanent zoning from the Agricultural (AG) district to the Light Industrial (I-1) district for 159.534 acres located at 3453 Santa Clara Road that may be annexed into Cibolo. Motion was seconded by Councilwoman Schultes. For: All; Against: None. Motion carried 6 to 0. C. Approval/Disapproval of an ordinance regarding the assignment of permanent zoning to properties annexed into Cibolo in 2017, generally located south of FM 78 and Haeckeville Road. Properties to be considered are proposed to be zoned Medium -High Density Single -Family Residential (SF -5) and Retail/Office (C-3). Councilman Byrd made the motion to disapprove an ordinance regarding the assignment of permanent zoning to properties annexed into Cibolo in 2017, generally located south of FM 78 and Haeckerville Road. Properties to be considered are proposed to be zoned Medium -High Density Single -Family Residential (SF -5) and Retail/Office (C-3). Motion was seconded by Councilman Allen. For Disapproval: All; Against: None. Motion carried 6 to 0 to disapprove. D. Discussion/Action on Amendment to Ordinance 1232, the City of Cibolo "Fee Schedule", to amend and update certain fees due to House Bill 852, signed and made effective on May 21, 2019. Councilman Gibbs made the motion to approve an Amendment to Ordinance 1232, the City of Cibolo "Fee Schedule", to amend and update certain fees due to House Bill 852, signed and made effective on May 21, 2019. Motion was seconded by Councilman Allen. For: Council Members Schultes, Garrett, Gibbs, Allen and Hicks; Against: Councilman Byrd. Motion carried 5 to 1. Before continue with the next item Council took a break at 9:07 p.m. Council reconvened into regular session at 9:16 p.m. 12. Presentation/update A. Presentation/Update from John Crew on the Cibolo Turnpike/Cibolo Parkway Project. Mr. Crew gave an update on the Cibolo Parkway Project. He went over the project and project implementation. He also discuss the design status and estimate cost along with rights of way/rights of entry. His power point showed environmental, permits, procurement and sources and use of funds. Mr. Crew showed a phase 1 pro -forma cash flow, including a projected drawdown schedule for the construction funds along with 11 years of project revenues, expenses and debt service obligations. Council ask several questions of Mr. Crew to include who is your underwriter (Citibank, underwriter counsel in Nixon Peabody. Trustee is Bank of Oklahoma), Who is your conduit issuer (still looking, looking at the City of Mission EDC), Are you applying for tax-exempt volume cap allocation and if so, what is the status ( yes — application has been put in an have been told it looks like we're 95% that they will be able to accommodate us.), What is the status of critical financing documents such as preliminary offering statement, trust indenture, and operating agreement (required by the development agreement to have initial close by the end of June. We have sold four million dollars more in equity that we're going to put in for the initial close to start buying right of way and doing construction activity. Permits will need to be in place, but we anticipate all that to be done by the end of summer), Can you provide a detail financial closing timeline (We do have a PERT chart and we can supply that to you) Do you have critical milestones necessary (yes), Do you have distribution list of all the entities and individuals involved and their representative or roles (yes, we have contracts, we are negotiating with a lot of number of people that would be potential investors although some may not come to fruition). What is your anticipated date of delivery of financing proceeds (Before October is what I'd like to see — that is our target. 13. Executive Session The City Council will meet in Executive Session as authorized by the Texas Gov't Code Section 551.071, Consultation with Attorney and 551.072 Deliberations about Real Property to Discuss: A. Briefing on status of Right of Way acquisition for Cibolo Parkway Project B. Briefing and legal advice on the Cibolo Turnpike Corporation — Cibolo Parkway Project. Council convened into Executive Session at 9:45 p.m. 14. Open Session Reconvene into Regular Session and take/or give direction or action, if necessary, on items discussed in Executive Session, Council reconvened into regular session at 10:20 p.m. No action taken. 15. Adiournment Councilman Garrett made the motion to adjourn the meeting at 10:21 p.m. Motion was seconded by Councilwoman Schultes. For: Council Members: Schultes, Garrett, Gibbs, Allen and Hicks; Against: Councilman Byrd. Motion carried 5 to 1. PASSED AND APPROVED THIS 25" DAY OF JUNE 2019. M ATTEST Peggy Cimics, TRMC City Secretary