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Min CC 08/27/2019TfXPs "City d Choice" CITY COUNCIL MEETING CIBOLO MUNICIPAL BUILDING 200 S. Main August 27, 2019 6:30 p.m. MINUTES 1. Call to Order — Meeting was called to order by Mayor Boyle at 6:31 p.m. 2. Roll Call and Excused Absences — Members Present: Mayor Boyle, Council Members Schultes, Garrett, Byrd, Gibbs, Allen, Woliver and Hicks; Staff Present: City Manager Mr. Herrera, City Attorney Mr. Lindner, City Secretary Ms. Cimics, Finance Director Ms. Miranda, Police Chief Hugghins, IT Director Mr. McDaniel, EDC Director Mr. Luft, Planning & Engineering Director Mr. Klein and Public Works Director Mr. Fousse. 3. Invocation—Invocation was given by Councilman Allen. 4. Pledge of Allegiance — All in attendance recited the Pledge of Allegiance. 5. Public Hearine A. The Cibolo City Council will hold a public hearing to hear public testimony concerning the proposed tax rate for 2019. This item was briefed to council by Ms. Miranda the Finance Director. Mayor Boyle opened the public hearing at 6:42 p.m. The following individuals spoke: Mr. Twenter said council needs to really look at the budget before raising taxes. The city does not need to do everything at once. Mr. Twenter said two thirds of the budget is salary. Cut staff that is what companies have to do. He stated do more with less. No one else wish to speak and Mayor Boyle closed the public hearing at 6:47 p.m. B. The Cibolo City Council will hold a public hearing to hear public testimony concerning the City of Cibolo 2019 Drought Contingency Plan. Mr. Fousse the Director of Public Works briefed this item to city council. Mayor Boyle opened the public hearing at 6:51 p.m. No one wish to speak and the public hearing was closed at 6:51 p.m. 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. EI The following individuals signed up to speak: Jamie Mathis (read by Councilman Gibbs) Mr. Mathis felt the alcohol ordinance needed more stipulations. Brad Barrows talked about having a sign for dead end Street so cars would not continue drive down then have to turn around. Also spoke on grass needing cutting and mower getting stuck in the mud. Nick Sherman stated that GVSUD had two district seats with four people running in the November elections. He stated that Mr. Harden and Mr. Frias resided in Cibolo and need your votes. Jim Twenter talked about cell phones for council and that this was just an added expense for the budget. He also wanted to know if due process was done on the sidewalks in Deer Creek and were bids received. Cindy Spencer apologize for her tone of voice at the last meeting. She ask about the sub -committee for background checks talked about back in June. Ms. Spencer also stated that the process for appointments takes too long. She informed everyone on a Police Academy class starting in September. Carol Buell spoke on the Special Meeting and the vote taken by council. She talked about the constitution and the laws and the oath everyone takes to be on council or a committee. James Harden stated he was running for one of the GVSUD district seats and ask everyone in Cibolo to come out and vote. He informed everyone that GVSUD hides information in there budget. Melvin Hicks spoke on the 51 % food sales for the alcohol ordinance. He wanted to know if we would have to hire someone to monitor this. 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 August 13, 2019. B. Approval of the minutes of the City Council Budget Workshop Meeting held on August 20, 2019. Councilman Hicks made the motion to approve the consent agenda. Motion was seconded by Councilman Allen. For: Council Members: Schultes, Garrett, Gibbs, Allen, Wolive• and Hicks; Against: Councilman Byrd. Motion carried 6 to 1. Staff Updates/Discussion A. Administration — Chief Hugghins informed everyone that the railroad would be working on the track at FM 1103 and FM 78. Traffic would be diverted down Main Street from about tam Saturday until noon. Ordinances A. Approval/Disapproval of an Ordinance authorizing the extended sale of alcohol hours within the Cibolo City limits with a condition that at least 51 percent of the establishment's gross daily receipts will be non -alcohol related during the duration of the extended alcohol service hours. Councilman Byrd made the motion to approve an Ordinance authorizing the extended sale of alcohol hours within the Cibolo City limits with a condition that at least 51 percent of the establishment's gross daily receipts will be non -alcohol related during the duration of the extended alcohol service hours. Motion was seconded by Councilman Garrett. For: Council Members Schultes, Garrett, Byrd, Gibbs, Allen and Woliver; Against: Councilman Hicks. Motion carried 6 to 1. B. Approval/Disapproval of an Ordinance authorizing the issuance of "City of Cibolo, Texas General Obligation Bonds, Series 2019'; levying a continuing direct annual ad valorem tax, within the limitations prescribed by law, for the payment of the bonds; and providing for an effective date. Councilman Allen made the motion to approve the Ordinance authorizing the issuance of "City of Cibolo, Texas General Obligation Bonds, Series 2019"; levying a continuing direct annual ad valorem tax, within the limitations prescribed by law, for the payment of the bonds; and providing for an effective date. Motion was seconded by Councilwoman Schultes. For: All; Against: None. Motion carried 7 to 0. C. Approval/Disapproval of an Ordinance authorizing the issuance of "city of Cibolo, Texas Combination Tax and Limited Pledge Revenue Certificates of Obligation, Series 2019"; providing for the payment of said certificates by the levy of an ad valorem tax upon securing said certificates by a lien on the pledge of the pledged revenues of the system; and providing an effective date. Councilman Hicks made the motion to approve an Ordinance authorizing the issuance of "city of Cibolo, Texas Combination Tax and Limited Pledge Revenue Certificates of Obligation, Series 2019'; providing for the payment of said certificates by the levy of an ad valorem tax upon securing said certificates by a lien on the pledge of the pledged revenues of the system; and providing an effective date. Motion was seconded by Councilman Woliver. For: All; Against: None. Motion carried 7 to 0. D. Approval/Disapproval of an Ordinance declaring a public necessity to acquire real property for the AW Texas Project. Councilman Byrd made the motion to approve an Ordinance declaring a public necessity to acquire real property for the AW Texas Project. Motion was seconded by Councilman Gibbs. For: Council Members Schultes, Garrett, Byrd, Gibbs, Allen and Woliver; Against: Councilman Hicks. Motion carried 6 to 1. E. Approval/Disapproval of an Ordinance declaring a public necessity to acquire real property for FM 1103 TXDOT Reconstruction — Utilities Relocation Project. Councilman Gibbs made the motion to approve an Ordinance declaring a public necessity to acquire real property for FM 1103 TXDOT Reconstruction — Utilities Relocation Project. Motion was seconded by Councilman Byrd. For: All; Against: None. Motion carried 7 to 0. F. Approval/Disapproval of an Ordinance declaring a public necessity to acquire real property for South Main Street Reconstruction/Widening and the FM 78 Intersection Traffic Signal Project. Councilman Byrd made the motion to approve an Ordinance declaring a public necessity to acquire real property for South Main Street Reconstruction/Widening and the FM 78 Intersection Traffic Signal Project. Motion was seconded by Councilman Garrett. For: All; Against: None. Motion carried 7 to 0. G. Approval/Disapproval of an Ordinance declaring a public necessity to acquire real property for FM 78 East Sanitary Sewer Main and Lift Station Project. Councilman Gibbs made the motion to approve an Ordinance declaring a public necessity to acquire real property for FM 78 East Sanitary Sewer Main and Lift Station Project. Motion was seconded by Councilman Byrd. For: All; Against: None. Motion carried 7 to 0. 10. Discussion/Action A. Discussion on a possible partnership with the Athenians for use of the Multi -Event Center. This item was discussed and council directed staff to look at what other organization do on rental of fields. Staff will meet with the Athenians at a later date and work on some type of contract. Contract will be brought back to council for approval. B. Discussion/Action regarding the Preliminary Acceptance of Public Infrastructure for Saratoga Subdivision Unit 7. Councilman Allen made the motion to approve the Preliminary Acceptance of Public Infrastructure for Saratoga Subdivision Unit 7 to include: Sanitary Sewer: 3,239 Lineal Feet with a valuation of $161,671.70; Drainage: Drain "A", Drain `B", Drain "C" and Detention Pond "C" with a valuation of $235,806.15; Public Street: 3,952 Linear Feet with a valuation of $666,951.05; Other: (Conduits) 1,488 Linear Feet with a valuation of $48,863.20. Total valuation of accepted Public Improvements dedicated to the City of Cibolo: $1,113,292.10. Total valuation of Public Improvements — GVSUD Water (1,672 Lineal Feet): $114,676.60. Motion was seconded by Councilwoman Schultes. For: All; Against: None. Motion carried 7 to 0. C. Discussion/Action on adopting the 2019 Drought Contingency Plan. Councilman Hicks made the motion to adopt the 2019 Drought Contingency Plan. Motion was seconded by Councilman Allen. For: All; Against: None. Motion carried 7 to 0. D. Discussion/Action to authorize the City Manager to enter into a contract with Presidio Contracting, LLC, San Antonio, TX for the construction of sidewalk along Deer Creek Blvd. from Oak Creek Drive through to Rio Vista Drive for a fee of Forty Thousand, Five Hundred Fifty Dollars and Zero Cents ($40,550.00) and establishing a contingency amount of Two Thousand Dollars and Zero Cents ($2,000). Councilman Byrd made the motion to authorize the City Manager to enter into a contract with Presidio Contracting, LLC, San Antonio, TX for the construction of sidewalk along Deer Creek Blvd. from Oak Creek Drive through to Rio Vista Drive for a fee of Forty Thousand, Five Hundred Fifty Dollars and Zero Cents ($40,550.00) and establishing a contingency amount of Two Thousand Dollars and Zero Cents ($2,000). Motion was seconded by Councilman Allen. For: All; Against: None. Motion carried 7 to 0. E. Discussion/Action on cell phones for City Council Members. Councilman Gibbs made the motion to table this item for staff to get more information. Motion was seconded by Councilman Garrett. For: Council Members Schultes, Garrett, Byrd, Gibbs, Woliver and Hicks; Against: Councilman Allen. Motion carried 6 to 1. F. Discussion/Action on a possible candidate for the Guadalupe Appraisal District Board of Directors. Councilman Byrd made the motion to nominate Councilman Garrett as Cibolo's nominee to the Guadalupe Appraisal District and to direct staff to bring back a resolution no later than the first meeting in October. Motion was seconded by Councilman Woliver. For: All; Against: None. Motion carried 7 to 0. G. Presentation/Discussion from Councilmembers that have attended seminars or meetings for the City of Cibolo. Council had nothing to discuss on this item. H. Discussion on items council would like to see on future agendas. Councilman Hicks requested the following items: discuss no thru truck traffic on Tolle Road, workshop on CBD with the Police Department and Council, attorney fees for the year and a breakdown of the cost for the hearing; Councilman Allen would like to have the item on cell phones brought back, Councilman Byrd requested an item on signage for crosswalks in the centerline on Main Street (downtown area only). Councilman Woliver requested to bring back a discussion on forming the committee for background checks and also a solid waste ordinance. 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 September 2019. 11. Adidioumment Councilman Allen made the motion to adjourn the meeting at 8:41 p.m. Motion was seconded by Councilman Hicks. For: All; Against: None. Motion carried 7 to 0. PASSED AND APPROVED THIS l Orn DAY OF SEPTEMBER 2019. Stesk-Boyl�'i--rocGcb �5 M*YOI- 4y:- 000+1* ATTEST: Peg Cimics, TRMC City Secretary