Min CC 06/25/2019CITY COUNCIL MEETING
CIBOLO MUNICIPAL BUILDING
200 S. Main
June 25, 2019
6:30 p.m.
MINUTES
1. Call to Order — The meeting was called to order by Mayor S. Boyle at 635pm.
2. Roll Call and Excused Absences — Members Present: Mayor S. Boyle, Councilwoman J. Schultes,
Councilman V. Garrett, Councilman M. Allen, Councilman T. Gibbs, Councilman T. Woliver and
Councilman J. Hicks. Councilman T. Gibbs made a motion to excuse the absence of Councilman B. Byrd.
The motion was seconded by Councilwoman J. Schultes. For: All (J. Hicks was not seated at the dais);
Against: None. Motion carried 5-0.
3. Invocation—Mayor Boyle led all present in an invocation.
4. Pledge of Allegiance — All present recited the Pledge of Allegiance.
5. Public Hearing
A. The City of Cibolo City Council will hold a public hearing to hear public testimony regarding the
rezoning of .640 acres located at 203 and 205 Rawe Avenue from the current zoning of High Density
Residential (SF -6) with Old Town Mixed Use Overlay to Community Retail/Service (C-2) with Old
Town Mixed Use Overlay.
L. Gonzalez, City Planner, gave a brief overview of the agenda item to Council. Mayor Boyle opened
the public hearing at 6:37pm. No one spoke up at the public hearing and the mayor closed the public
hearing at 6:37pm.
B. The City of Cibolo City Council will hold a public hearing to hear public testimony concerning
updates to the Comprehensive/Master Plan, Chapter 8 — Implementation.
L. Gonzalez, City Planner, gave a brief overview of the agenda item to Council. Mayor Boyle opened
the public hearing at 6:38pm. No one spoke up at the public hearing and the mayor closed the public
hearing at 6:38pm.
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 persons spoke during Citizens to be Heard: Devin Raynor congratulated Fire Chief Roger
Niemietz on his upcoming retirement and thanked him for his service to the City. He also asked all present
to pray for our police force. James Harden, whom is building a house, voiced his displeasure with the
Permits Department and a fee for an inspector coming to his property without completing an inspection
due to an inability to gain access to the property with no email response. Robert Herd spoke in support of a
stop sign on Deer Creek Blvd. and Rio Vista as he believes the road is hazardous. Jayme Mathis expressed
his support for the two new businesses off of Rawe, his congratulations to Fire Chief Niemietz on his
retirement and gratitude for his help with Kindling Texas Kitchen, and a request for an agenda item for
Council to consider reducing the speed limit in the Old Town area due to pedestrians crossing the road
frequently and the danger of doing so without clear crosswalks or anything alerting drivers to crosswalks.
Mr. Mathis suggested items in use in surrounding cities. Cynthia Spencer commended Mr. Fousse and his
entire department for the completion of the roadwork on Main and FM 1103, stated that she was proud of
the city for waiving fees associated with services resulting from the recent storm. Mrs. Spencer
congratulated the Police Department for a successful training on the Civilian Response to an Active
Shooter. Mrs. Spencer also congratulated Fire Chief Niemietz, Mr. Petersen on the successful opening of
Mako's on the Creek and supported Mr. Mathis' comments on the crosswalk. She also asked people to be
aware of their neighbors in our military community due to previously recognizing PTSD awareness month.
Kara Latimer spoke of a letter sent to the Council from TxDOT regarding the review and approval by the
Texas Transportation Commission of private toll roads and the City not meeting TAC requirements.
Melvin Hicks spoke regarding excess building materials being left at worksites. He also asked what impact
fees are being used for, when Buffalo Pl. road be repaired, why citizens cannot speak on agenda items
other than during citizens to be heard, and expressed concern over background checks and how thorough
they should be.
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 June 11, 2019
B. Approval of the April 2019 Check Register pending final acceptance of the City's financial audit for
the 2018/2019 fiscal year.
C. Approval of the April 2019 Revenue and Expense Report pending the final acceptance of the City's
financial audit for the 2018/2019 fiscal year.
Councilman J. Hicks made a motion to approve the consent agenda. The motion was seconded by
Councilman V. Garrett. For: All; Against: None. Motion carried 6-0.
8. Staff Updates/Discussion
A. Administration
Mr. R. Herrera, City Manager, asked Fire Chief Roger Niemietz to come to the podium to be
recognized on his final Council Meeting as the City's Fire Chief and thanked him for his service.
Leigh Arm Rogers, Exec. Assistant to City Manager, gave a short review of the Cibolo Summer Nights
program after which a video was shown of recent events.
9. Discussion/Action
A. Discussion/Action and direction to staff on the placement of stop signs to be located at Deer Creek
Blvd. & Rio Vista Dr. and Deer Creek Blvd. & Oak Creek Dr. and make them permanent upon the
completion of an internal traffic study. (Councilman Byrd/Mr. Klein)
Mr. R. Herrera told Council that although Councilman Byrd was not present he has conveyed his
support of the placement of the stop signs. Mr. Rudy Klein, Planning and Engineering Director, spoke
to about the intersection at Rio Vista that will go from a one-way stop to a three-way stop and the
requirement of a traffic study. Mr. Klein is asking the Council for support in approving the ordinance
to make a three-way stop and then follow up with a traffic study in October once school is in session to
get accurate data. Oak Creek intersection will also be a part of the study without placing the signs at
this time. Councilman M. Allen made the motion for staff to place stop signs at Deer Creek Blvd. &
Rio Vista Dr. and make them permanent upon the completion of an internal traffic study. The motion
was seconded by Councilman J. Hicks. For: All; Against: None. Motion carried 6-0.
B. Discussion/Action on background checks for committees, commissions, boards and corporation
members. (City Attorney)
City Attorney, Frank Garza, made a presentation to the Council regarding the City's ability to conduct
background checks and answered questions about the results of doing so.
Motion #1: Councilman T. Gibbs made the motion to form a subcommittee made up of staff, HR, two
Council members and at least three citizens to make a recommendation to Council on whether to move
forward and the rules for doing so. The motion was seconded by Councilman V. Garrett. For: T.
Woliver, T. Gibbs, V. Garrett, J. Schultes; Against: J. Hick, M. Allen. Motion carried 4-2.
Motion 42: Councilman J. Hicks amended the motion to include three Councilmembers. Councilman
V. Garrett seconded the amendment as well. For: J. Schultes, V. Garrett, T. Gibbs, T. Woliver;
Against: M. Allen, J. Hicks. Motion carried 4 — 2.
C. Presentation, discussion and approval of a financing plan for the issuance of General Obligation
Bonds, Series 2019 and Certificates of Obligation, Series 2019. (Ms. A. Miranda / Mr. R.T. Herrera)
Anna Miranda, Finance Director, introduced Victor Quiroga of Specialized Public Finance whom
presented a financing plan to the Council. Councilman V. Garrett made the motion to approve the
financing plan for the issuance of General Obligation Bonds, Series 2019 totaling $10,750,000 and
Certificates of Obligation, Series 2019 totaling $6,500,000. The motion was seconded by Councilman
M. Allen. For: All; Against: None. Motion carried 6-0.
D. Discussion and approval of an agreement with Specialized Public Finance Inc. (SPFI) for financial
advisory services, and authorizing the City Manager to execute the agreement. (Ms. A. Miranda)
Mrs. A. Miranda presented to Council the agreement and spoke in favor of Mr. Quiroga's past service
to the City. After some discussion about the terms in the agreement Councilman V. Garrett made the
motion to approve an agreement with Specialized Public Finance Inc. (SPFI) for financial advisory
services, and authorizing the City Manager to execute the agreement. The motion was seconded by
Councilman J. Hicks. For: All; Against: None. Motion carried 6-0.
E. Presentation of a proposed Cibolo Enrichment Foundation Budget for the purpose of beginning the
AARP Experience Corps Programs in Cibolo. (Mr. Curtis Lindesay, President/Executive Director of
Cibolo Enrichment Foundation)
Mr. Curtis Lindesay made a presentation to the Council regarding the City's monetary support with a
budget proposal. Mr. Lindesay is requesting $200,000 from the City for the implementation of
programs to begin in FY 2020. Councilman Garrett recommended that Mr. Lindesay contact other
entities and come back with a proportional cost sharing to be presented during the budget workshops.
F. Presentation/Discussion from Councilmembers that have attended seminars or meetings for the City of
Cibolo. (Council)
Councilman J. Hicks was at the AAMPO meeting on June 24, 2019 and informed Council that for the
first time a Comal County Commissioner (Webb) was elected as Vice Chair. Bexar County
Commissioner Wolf was elected Chair.
G. Discussion on items council would like to see on future agendas. (Council)
Mayor Boyle asked for studies, presentations and possible cost estimates for the Main Street speed
reduction and/or speed deterrents in the Old Town area.
H. 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. (Ms. Valdez) No
discussion and no changes to presented calendars.
10. Ordinances
A. Approval/Disapproval of an Ordinance of the City of Cibolo setting the public hearing date to discuss
and review the 5 -year update/adoption of the Capital Improvements Plan related to future amendment
of impact fees. (Mr. R. Klein/Ms. L. Gonzalez)
Mrs. L Gonzalez, City Planner, presented the ordinance to Council after which Councilman J. Hicks
made the motion to approve the ordinance setting the public hearing date to discuss and review the 5 -
year update/adoption of the Capital Improvements Plan related to future amendment of impact fees.
The motion was seconded by Councilman M. Allen. For: All; Against: None. Motion carried 6-0.
B. Approval/Disapproval of an Ordinance of the City of Cibolo regarding the rezoning of .640 acres
located at 203 and 205 Rawe Avenue from the current zoning of High Density Residential (SF -6) and
Old Town Mixed Use Overlay to Community Retail/Service (C-2) and Old Town Mixed Use Overlay.
Mrs. L. Gonzalez gave a short explanation and answered questions regarding the proposed ordinance.
Councilman M. Allen made the motion to approve the ordinance regarding the rezoning of .640 acres
located at 203 and 205 Rawe Avenue from the current zoning of High Density Residential (SF -6) and
Old Town Mixed Use Overlay to Community Retail/Service (C-2) and Old Town Mixed Use Overlay.
The motion was seconded by Councilwoman J. Schultes. For: All; Against: None. Motion carried 6-0.
C. Approval/Disapproval of an Ordinance of the City of Cibolo designating a Reinvestment Zone known
as the "City of Cibolo Reinvestment Zone No. 1" for purposes of Commercial -Industrial Tax
Abatement located at the northwest corner of IH 10 at Santa Clara Road, specifically a tract or parcel
containing 159.5 acres. (Mr. M. Luft)
Mr. Mark Luft, EDC Director, gave a short presentation to the Council regarding the proposed zone
and asked for the Council's support. City Attorney, F. Garza, gave the Council some additional
information and stated that upon approval the zone would take effect July 1, 2019 for 5 years after
which the Council could choose to extend in five year increments as allowed by law. Councilman J/
Hicks made the motion to approve the ordinance designating a Reinvestment Zone known as the "City
of Cibolo Reinvestment Zone No. I" for purposes of Commercial -Industrial Tax Abatement located at
the northwest corner of IH 10 at Santa Clara Road, specifically a tract or parcel containing 159.5 acres.
The motion was seconded by Councilman M. Allen. For: All; Against: None. Motion carried 6-0.
D. Approval/Disapproval of an ordinance concerning updates to the Comprehensive/Master Plan, Chapter
8 — Implementation.
Mrs. L. Gonzalez gave an overview of the plan. Councilman Allen was hesitant to approve the
ordinance as he was not in agreement with the timeline on some of the items listed. Mr. Herrera
explained that approving the ordinance does not make the list permanent but did keep the plan a living
document. The recommendation was made by the Mayor to send suggestions to staff about changes to
the document no later than July 16, 2019. If at that point there are a lot of changes then a workshop
could be scheduled. Councilman J. Hicks made the motion to approve the ordinance concerning
updates to the Comprehensive/Master Plan, Chapter 8 — Implementation. The motion was seconded by
Councilman T. Gibbs. For: All; Against: None. Motion carried 6-0.
11. Resolution
A. Consideration and approval of a resolution by the City Council of the City of Cibolo, Texas authorizing
and approving publication of notice of intention to issue certificates of obligation; complying with the
requirements contained in securities and exchange commission rule 15c2-12; and providing an effective
date.
Mrs. A. Miranda gave an explanation for the proposed resolution. Councilwoman Schultes made the
motion to approve the resolution authorizing and approving publication of notice of intention to issue
certificates of obligation for an amount not to exceed $6.5 million; complying with the requirements
contained in Securities and Exchange Commission rule 15c2-12; and providing an effective date. The
motion was seconded by Councilman V. Garrett. For: All; Against: None. Motion carried 6-0.
B. Consideration and approval of resolution relating to establishing the city's intention to reimburse itself
for the prior lawful expenditure of funds relating to constructing various city improvements from the
proceeds of one or more tax-exempt obligations to be issued by the city for authorized purposes;
authorizing other matters incident and related thereto; and providing an effective date.
Mrs. A. Miranda presented the proposed resolution. Councilwoman Schultes made the motion to
approve the resolution establishing the city's intention to reimburse itself for the prior lawful
expenditure of funds relating to constructing various city improvements from the proceeds of one or
more tax-exempt obligations to be issued by the city for authorized purposes for an amount not to
exceed $17.25 million; authorizing other matters incident and related thereto; and providing an effective
date. The motion was seconded by Councilman V. Garrett. For: All; Against: None. Motion carried 6-0.
12. 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 8:55pm.
13. 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 9:22pm. No action was taken.
14. Adjournment
Councilman J. Hicks made the motion to adjourn the meeting at 9:22pm. The motion was seconded my
Councilman V. Garrett, For: All; Against: None. Motion carried 6-0.
PASSED AND APPROVED THIS 9TH DAY OF JULY, 2019.
Stosh C• /
Mayor
ATTEST
Peggy Cimics, TRMC
City Secretary