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'City of Choice
CITY COUNCIL MEETING
CIBOLO MUNICIPAL BUILDING
200 S. Main
May 14, 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. Garza, City Secretary Ms. Cimics, Finance Director Ms.
Miranda, Fire Chief Niemietz, Police Chief Hugghins, Public Works Director Mr. Fousse, Engineering &
Planning Director Mr. Klein, IT Director Mr. McDaniel, EDC Director Mr. Luft and City Planner Ms. Gonzalez.
3. Invocation — Councilman Allen gave the Invocation.
4. Pledge of Allegiance — All in attendance recited the Pledge of Allegiance.
5. Proclamations
A. Public Service Recognition Month
Mayor Boyle presented the Public Service Recognition Proclamation to City Manager Mr. Herrera.
B. Police Memorial Day and Police Awareness Week
Chief Hugghins received the Proclamation from Councilman Gibbs for Police Memorial Day and Police
Awareness Week.
C. Community Action Proclamation
Councilwoman Schultes presented a Proclamation to Mr. Deike for Community Action Week.
D. Lupus Awareness Month
Fire Chief Niemietz received the Proclamation for Lupus Awareness Month from Councilman Woliver.
E. Neurofibromatosis Awareness Month
Councilman Hicks presented Ms. Elizondo with the Proclamation. Ms. Elizondo explained to the audience
what the disease was and how it is effecting her daughter.
F. Public Works Week
Mr. Fousse accepted the Proclamation for Public Works Week from Councilman Byrd.
G. 50' Anniversary of Municipal Secretary's/Clerks
Ms. Cimics accepted the 50" Anniversary Proclamation from Councilman Garrett.
6. Presentation
A. Committee/Commission Service Awards to Jay Dabbs (P&Z), and Dick Hetzel (EDC).
Mr. Hetzel received a Service Award from Mayor Boyle and District 6 Councilman Mr. Woliver, Mr. Hetzel
had served over 7 years on the Economic Development Corporation.
B. Presentation of the Employee of the Quarter for Jan -March 2019.
City Manager Mr. Herrera and Mayor Boyle presented the Employee of the Quarter Award to Ralph Deleon
from the Drainage Department.
Public Hearing
A. The Cibolo City Council will hold a public hearing 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 Extra -Territorial Jurisdiction (ETJ) and is adjacent to the City of Cibolo.
Ms. Gonzalez, Assistant Planning & Engineering Director briefed this item to the City Council. Mayor Boyle
opened the Public Hearing at 7:18 p.m. No citizens wish to speak and Mayor Boyle closed the Public
Hearing at 7:19 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 during "Citizens to be Heard"—Maggie Titterington from the Chamber spoke on
the ribbon cutting set for this next couple weeks and the luncheon scheduled for next week. Kevin Raynor spoke
on the Police Department. Paul Buell was opposed to the Interlocal on Wiederstein Road. He felt the road
needed to be fix but not by Cibolo. Scott Wilson talked about rezoning. He did not think anything was being
done about the flooding and road issues. Rob Lehman and Andrew Brooks talked about the opening of the
Santikos Theatre on May 23"d at 5pm. They are training people right now and 130 employees are from Cibolo.
They will look at a Ribbon Cutting down the road. They hope everyone will come out they will have a lot of
vendors and character's out front of the theater and look forward to seeing everyone May 23`d. Kara and RD
Latimer — Kara spoke on the UDC and what things have been done and what still needs to be accomplished with
both the UDC and Master Plan. Jim Russell spoke on the Wiederstein Road Interlocal which he does not support.
He stated that in 2018 Cibolo requested a meeting with Schertz and it never occurred over this subject. Now
Schertz wants us to fix their road. Cibolo would be spending 3.8m and only getting back 1.8m. He does not
support this Interlocal. Cassandra Kearns read from the Master Plan and talked about the zoning. She wanted to
know why the council can't leave the zoning agriculture. Ms. Kearns stated that there is no infrastructure or fire
hydrants and you need to build this infrastructure before building more homes. Glenn Weber sent a letter which
was read by his councilmember. He was opposed to the Wiederstein Road Interlocal.
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 April 23, 2019.
B. Approval of the March 2019 Check Register pending final acceptance of the City's financial audit for the
2018/2019 fiscal year.
C. Approval of the March 2019 Revenue and Expense Report pending the final acceptance of the City's
financial audit for the 2018/2019 fiscal year.
D. Approval of the March 31, 2019 quarterly Investment Report pending final acceptance of the City's
Financial audit for the 2018/2019 Fiscal Year.
Councilman Byrd made the motion to approve the consent agenda. Motion was seconded by Councilman
Garrett. For: All; Against: None. Motion carried 7 to 0.
10. Staff Updates/Discussion
A. IT Department
B. Fire Department
C. Planning & Engineering Department
D. Court
E. Administration - City Secretary gave a update to Council on the Athenians Soccer Team that would like to
make Cibolo their home field
11. Discussion/Action
A. Discussion/Action regarding the Final Acceptance of Public Infrastructure for multiple units within Turning
Stone Subdivision.
This item was postponed until the May 28, 2019 meeting.
B. Discussion/Action and authorizing the Mayor to execute an Inter -Local Agreement with Guadalupe County
Road and Bridge Department to provide assistance to the City of Cibolo Public Works Department to seal
coat Schaefer Road from Haeckerville Road to South Main Street at a cost for materials of Six Thousand,
Seven Hundred, Eighty Nine Dollars ($6,789.00).
Councilman Hicks made the motion to authorize the Mayor to execute an Inter -Local Agreement with
Guadalupe County Road and Bridge Department to provide assistance to the City of Cibolo Public Works
Department to seal coat Schaefer Road from Haeckerville Road to South Main Street at a cost for materials of
Six Thousand, Seven Hundred and Eighty Nine Dollars ($6,789.00). Motion was seconded by Councilman
Gibbs. For: All; Against: None. Motion carried 7 to 0.
C. Discussion/Action and authorizing the City Manager to execute an Inter -Local Agreement with the City of
Schertz to fund a portion of the road improvements planned for Wiederstein Road.
Council discussed this item in detail. There were several motion then motions withdrawn or not approved.
More discussion and finally Councilwoman Schultes made the motion to authorize the City Manager to
execute an Inter -Local Agreement with the City of Schertz to find a portion of the road improvements
planned for Wiederstein Road with the amendment that when the road is complete the maintenance will be
the responsibility of the City of Schertz. Motion was seconded by Councilman Allen. For: All; Against:
None. Motion carried 7 to 0.
D. Discussion/Action on the status of all City of Cibolo bonds issued from January 2004 to May 2019.
Ms. Miranda showed a slide presentation and this was discussed with council. Councilman Allen requested it
be placed on the city's website.
E. Discussion/Action regarding amending the Council Policy Directive No. 2018-002, dated 9 October 2018 —
Add "Corporation" into all references of "Council/Board/Commission/Committee" throughout document.
Revision within Part VII to add Rule 8 Officer Appointment.
Councilman Byrd briefed the changes that he would like to see in the Council Policy they include adding
corporation throughout the document and adding rule 8 on the appointment of officers. The council discussed
this item. Councilman Gibbs made the motion to approve amending the Council Policy Directive No. 2018-
002, dated 9 October 2018 — Add "Corporation" into all references of "Council, Board, Commission,
Committee" throughout document. Revision within Part VII to add Rule 8 Officer Appointment with the
following change to Rule 8 - to take out "must have at least 12 months consecutive service" to read "should
have at least 12 month service". Motion was seconded by Councilman Byrd. For: Council Members:
Schultes, Garrett, Byrd, Gibbs, Allen and Woliver; Against: Council Member Hicks. Motion carried 6 to 1.
F. Receive/Discuss a report on the Deer Creek Blvd. Project and consider adding sidewalks.
An update on this project was given by Public Works Director Mr. Fousse. Paving should be completed this
week.
G. Discussion/Action on projects previous approved by council that require any changes that they come back to
council for additional action and approval.
Council discussed this item. City Manager Mr. Herrera stated if any projects have a changes that have not
been approved by council those items will be brought back to council.
H. Presentation/Discussion from Councilmembers that have attended seminars or meetings for the City of
Cibolo.
Mayor just reminded everyone this Saturday will be the Summer Nights Program at the Multi -Event Center.
I. Discussion on items council would like to see on future agendas.
Councilman Garrett requested an item on the agenda to receive a progress report on the Cibolo Turnpike
Corporation as they have benchmarks on this project due to council. Councilman Woliver would like an
update from the attorney on bills from the legislative session that passed that would affect cities. Councilman
Hicks would like an update on the GVEC Agreement.
J. 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 May and June 2019.
12. Resolution
A. Approval/Disapproval of a Resolution of the City of Cibolo appointing Chris Wright to Canyon Regional
Water Authority Board of Managers for a one year term of office.
Councilman Hicks made the motion to approval a Resolution of the City of Cibolo appointing Chris Wright
to Canyon Regional Water Authority Board of Managers for a one year term of office. Motion was seconded
by Councilman Allen. For: All; Against: None. Motion carried 7 to 0.
13. Ordinances
A. Approval/Disapproval of an Ordinance of the City of Cibolo adopting a Tax Abatement Policy of Guidelines
and Criteria for governing tax abatement incentives with the city limits of Cibolo and its ETJ.
Councilman Byrd made the motion to approve the Ordinance of the City of Cibolo adopting a Tax Abatement
Policy of Guidelines and Criteria for governing tax abatement incentives with the city limits of Cibolo and its
ETJ. Motion was seconded by Councilman Hicks. For: All; Against: None. Motion carried 7 to 0.
B. Approval/Disapproval of an ordinance of the City of Cibolo regarding the rezoning of 2.8 acres located at 145
Sussman Road from the current zoning of Low Density Residential (SF -2) to General Commercial (C-4).
Councilman Garrett made the motion to disapprove the ordinance of the City of Cibolo regarding the
rezoning of 2.8 acres located at 145 Sassman Road from the current zoning of Low Density Residential (SF -
2) to General Commercial (C-4). Motion was seconded by Councilman Gibbs. For Denial: Council
Members: Schultes, Garrett, Byrd, Gibbs, Allen and Woliver; Against: Councilman Hicks. Motion carried to
deny the rezoning 6 to 1.
C. Approval/Disapproval of an ordinance of the City of Cibolo regarding the assignment of permanent zoning to
properties annexed into Cibolo in 2017, generally located south of FM 78 on Haeckerville Road, Lower
Seguin Road, IH -10 and Santa Clara Road. Properties to be considered are proposed to be zoned Agricultural
Homestead (AG), Medium -High Density Single -Family Residential (SF -5), Retail/Office (C-3) and General
Commercial (C-4).
Councilman Woliver made the motion to approve the ordinance of the City of Cibolo regarding the
assignment of permanent zoning to properties annexed into Cibolo in 2017, generally located south of FM 78
on Haeckerville Road, Lower Seguin Road, IH -10 and Santa Clara Road. Properties to be considered are
proposed to be zoned Agricultural Homestead (AG), Medium -High Density Single -Family Residential (SF -
5), Retail/Office (C-3) and General Commercial (C-4). Property proposed to be zoned Medium -High Density
Single -Family Residential (SF -5) will be zoned Temporary Agricultural (AG) and staff will work with
property owners on a permanent zoning. Motion was seconded by Councilman Gibbs. For: All; Against:
None. Motion carried 7 to 0.
D. Approval/Disapproval of an ordinance of the City of Cibolo by providing for the fourth amendment of the
budget for the fiscal year 2018-2019, beginning October 1, 2018 and ending September 30, 2019.
Councilman Byrd made the motion to approve the ordinance of the City of Cibolo by providing for the fourth
amendment of the budget for the fiscal year 2018-2019, beginning October 1, 2018 and ending September 30,
2019. Motion was seconded by Councilwoman Schultes. For: Council Members: Schultes, Garrett, Byrd,
Gibbs, Allen and Woliver; Against: Councilman Hicks. Motion carried 6 to 1.
E. Approval/Disapproval of an ordinance by amending the City of Cibolo's Code of Ordinances Chapter 7, to a
Municipal Court of Record; Article 7.01 General Provision; declaring a public purpose; incorporating
recitals, providing a repealer; providing for severability and setting an effective date.
Councilman Hicks made the motion to approve an ordinance by amending the City of Cibolo's Code of
Ordinances Chapter 7, to a Municipal Court of Record; Article 7.01 General Provision; declaring a public
purpose; incorporating recitals, providing a repealer; providing for severability and setting an effective date.
Motion was seconded by Councilman Byrd. For: All; Against: None. Motion carried 7 to 0.
14. Executive Session
The City Council will meet in Executive Session as authorized by the Texas Gov't Code Section 551.074,
Personnel Matters to Discuss:
A. Discussion/Action on the Annual Performance Evaluation of the City Secretary.
This item was tabled until the next meeting scheduled for May 28, 2019.
15. Open Session
Reconvene into Regular Session and take/or give direction or action, if necessary, on items discussed in
Executive Session.
16. Adjournment
Councilman Gibbs made the motion to adjourn the meeting at 10:29 p.m. Motion was seconded by Councilman
Allen. For: Council Members: Schultes, Garrett, Gibbs, Allen, Woliver and Hicks; Against: Councilman Byrd.
Motion carried 6 to 1.
PASSED AND APPROVED THIS 28Tn DAY OF MAY 2019.
ATTEST
Peggy Cimics, TRMC
City Secretary
Cl