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Min CC 08/13/2019CITY COUNCIL MEETING CIBOLO MUNICIPAL BUILDING 200 S. Main August 13, 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, Council Members: Schultes, Garrett, Byrd, Gibbs, Allen, Wolver and Hicks; Staff Present: City Manager Mr. Herrera, City Attorney Mr. Beck, Mr. Garza (9:1Opm) and Mr. Nail for executive session only, City Secretary Ms. Cimics, Finance Director Ms. Miranda, Public Works Director Mr. Fousse, Police Chief Hugghins, Interim Fire Chief Timke, Planning & Engineering Director Mr. Klein, EDC Director Mr. Luft, and City Planner Ms. Gonzalez. 3. Invocation - Invocation was given by Councilman Hicks 4. Pledge of Allegiance — All in attendance recited the Pledge of Allegiance. 5. Presentation A. Presentation of a 5 year Service Award to FOA Mendoza from the Cibolo Fire Department. Mr. Herrera presented FOA Mendoza with a 5 year Service Award. 6. Public Hearing A. The Cibolo City Council will hold a public hearing to hear public testimony to consider the 5 -year update/adoption of the Capital Improvement Plan related to future amendment of impact fees. This item was briefed by the Director of Planning & Engineering Mr. Klein. Mayor Boyle opened the public hearing at 6:34 p.m. Mr. Roberson spoke on this item and he stated he was a member of the CIP Committee and he did not see the final report. He also felt that it takes too long before council has an opportunity to look at the report. By the time council gets the report they are already working on the final budget. Mayor Boyle closed the public hearing at 6:36 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 on Mayor Boyle's volunteer efforts and community involvement in not only the City of Cibolo but the community. Some wanted the Attorney General's opinion before making judgement. Some stated he's been a mentor and others stated if you want Mayor Boyle out do it at the voting box. Others spoke just to thank Mayor Boyle for the good job he's been doing. Sue Bossomeadt, Becki Boyle, Erra Allen, Jon Gray, Mike Andrews, Angie Brown, Hunter Allen, David Howell, Kate Howell, Cassie Brandt, Philip Spitzer, Steve Quinn, Robert Roberson, Jim Twenter, Jason Delgado, and Melvin Hicks. Maggie Titterington from the Chamber spoke on events that are coming up in the next few days and weeks. Cindy Spencer stated to let the process take place don't assume anything and don't rush to judgement. Also spoke on people mentioning names during Citizen to be Heard. George Twist thanked those involved in getting the road near him mowed. Councilman Gibbs read two letters from citizens one from Katie Cunningham and one from James Barrett. Both letters were in support of Mayor Boyle. 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 July 23, 2019. B. Approval of the minutes of the City Council Workshop Meeting held on August S, 2019. Councilman Allen made the motion to approve the consent agenda. Motion was seconded by Councilman Garrett. For: All; Against: None. Motion carried 7 to 0. 9. Staff Updates/Discussion A. IT Department B. Police Department C. Fire Department D. Court E. Planning & Engineering Department F. Administration—Mr. Herrera gave an update on the YMCA facility. 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. Councilwoman Schultes made the motion to appoint Ms. Pedde to the UDC as the EDC representative. Motion was seconded by Councilman Byrd. For: All; Against: None. Motion carried 7 to 0. Councilman Woliver made the motion to move Mr. Hawkins from a regular member to an alternate member of the P&Z. Councilman Woliver rescinded this motion and made the motion to move Mr. Hawkins from a regular member to an alternate member of the Parks and Recreation Committee. Motion was seconded by Councilman Garrett. For: All; Against: None. Motion carried 7 to 0. Councilman Hicks made the motion to move Mr. Zawicki from an alternate position on the Parks and Recreation Committee to a regular member. Motion was seconded by Councilwoman Schultes. For: All; Against: None. Motion carried 7 to 0. Councilman Hicks made the motion to appoint Ms. Latimer to the UDC Committee. Motion was seconded by Councilman Allen. For: Council Members: Schultes, Garrett, Byrd, Allen, Woliver and Hicks; Against: Councilman Gibbs. Motion carried 6 to 1. B. Diseussion/Action on the Fiscal Year 2019-2020 Proposed Budget and set the date and time of the public hearing on the budget. Councilman Hicks made the motion to set the public hearing date on the Fiscal Year 2019-2020 Budget for Tuesday, September 3 at 6:30 pm at the City Municipal Building, 200 S. Main Street. Motion was seconded by Councilman Allen. For: All; Against: None. Motion carried 7 to 0. C. Discussion/Action on the Tax Rate and set the date and time for the public hearing on the tax rate. Councilman Garrett made the motion to set the tax rate no higher than .4935 and to set the public hearing for the tax rate on Tuesday, August 27 and Tuesday, September 3 at 6:30pm at the Municipal Building, 200 S. Main Street. Motion was seconded by Council Gibbs. A roll call vote was taken: Schultes — yes, Garrett — yes, Byrd —No, Gibbs —Yes, Allen—No, Woliver— Yes, and Hicks —No. Motion carried 4 to 3. D. Discussion/Action to determine if the City of Cibolo should move forward with a November 2019 General Obligation (GO) Bond to fund the following CIP projects (Dean Road from Green Valley Road to Old Wiederstein Road and Green Valley Road from Dean Road to Cibolo Valley Elementary School). Councilman Allen made the motion to order a November 2019 Election for funding the road projects at Dean Road from Green Valley Road to Old Wiederstein Road and Green Valley Road from Dean Road to Cibolo Valley Elementary School. Motion was seconded by Councilman Byrd. A roll call vote was taken: Council Member: Schultes — No, Garrett — No, Byrd — Yes, Gibbs — No, Allen — Yes, Woliver — No and Hicks — No. Motion failed 2 to 5. E. Discussion/Action and direction to staff regarding UDC residential zoning Amendment as request by Councilman Woliver. This item was tabled by Councilman Woliver. F. Presentation/Discussion from Councilmembers that have attended seminars or meetings for the City of Cibolo. Mayor Boyle mentioned that many of the smaller cities are getting more involved in the NEP. Councilman Hicks stated he is attending meetings of the MPO. G. Discussion on items council would like to see on future agendas. Council requested an update on Deer Creek sidewalks, splash pad and senior center. H. Discussion/Aetion 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 August and September 2019. 11. Ordinance A. Approval/Disapproval of an Ordinance of the City of Cibolo calling for a Bond Election to be held November 5°'. 2019. Not necessary after vote of item l OD. B. Approval/Disapproval of an Ordinance of the City of Cibolo regarding the rezoning of 31.54 acres located at 553 Tolle Road from the current zoning of Low Density Residential (SF -2) to Agricultural (AG). Councilman Hicks made the motion to approve the Ordinance of the City of Cibolo regarding the rezoning of 31.54 acres located at 553 Tolle Road from the current zoning of Low Density Residential (SF -2) to Agricultural (AG). Motion was seconded by Councilman Allen. For: Council Members: Schultes, Allen and Hicks; Against; Council Members: Garrett, Byrd, Gibbs and Woliver. Motion failed 3 to 4. C. Approval/Disapproval of an Ordinance of the City of Cibolo regarding the 5 -year update/adoption of the 2019-2024 Capital Improvement Plan. Councilman Allen made the motion to approve the Ordinance of the City of Cibolo regarding the 5 -year update/adoption of the 2019-2024 Capital Improvement Plan. Motion was seconded by Councilman Gibbs. For: All; Against: None. Motion carried 7 to 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 to discuss the following: A. Ongoing litigation in Cause No, 19 -CV -0101, City of Cibolo, Texas vs. Travis Gibson and Teresa Gibson, in the County Court at Law, Guadalupe County, Texas. B. Discuss status and potential action in relation to the Texas Turnpike Corporation. Council convened into Executive Session at 8:35 p.m. 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 open session at 10:03 p.m. 12A. Councilman Allen made the motion to approve the Settlement Agreement on the Gibson Case per direction given to the prosecutor and to reject all settlement offers that don't conform to that agreement. Motion was seconded by Councilwoman Schultes. For: Council Members: Schultes, Byrd, Gibbs, Allen, Woliver and Hicks; Against: Councilman Garrett. Motion carried 6 to 1. 12B. No action. 14. Adjournment Councilman Garrett made the motion to adjourn the meeting at 10:05 p.m. Motion was seconded by Councilman Hicks. For: All; Against: None. Motion carried 7 to 0. PASSED AND APPROVED THIS 27TH DAY OF AUGUST 2019. /���/'� to Mayor ATTEST Peggy Cimics, TRMC City Secretary