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Min CC 10/08/2019"City of Choice" CITY COUNCIL MEETING CIBOLO MUNICIPAL BUILDING 200 S. Main October 8, 2019 6:30 p.m. MINUTES 1. Call to Order — Meeting was called to order by Mayor Boyle at 6:35 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 Herrera, City Attorney Lindner, City Secretary Ms. Cimics, Finance Director Ms. Miranda, IT Director Mr.. McDaniel, Fire Chief Troncoso, Police Chief Hugghins, EDC Director Mr. Luft, Planning & Engineering Director Mr. Klein and Public Works Director Mr. Fousse. City Attorney Mr. Garza arrived at 8:29 pm. 3. Invocation —.Invocation was given by Councilwoman Schultes 4. Pledge of Allegiance — All in attendance recited the Pledge of Allegiance 5. Presentations A. Presentation Schertz EMS. Schertz EMS was presented a check in the amount of $5000 for Cibolo resident Mr. Twist. Mr. Twist presented in memory of his wife. Schertz EMS will use this donation to be able to carry whole blood when responding to emergencies. Mr. Twist introduced his family members that were with him today for this presentation. B. Presentation of a Proclamation for National White Cane Day Councilman Hicks read the proclamation and presented the certificate to a couple residents of the city. C. Presentation of a Proclamation for Domestic Violence. Councilman Byrd read the proclamation for Domestic Violence. Proclamation was received by Nicole Douglas and Lisa Jackson, 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. Public criticism of the City Council or any action, policy program or service provided by the City is not prohibited. However, any person making personal, impertinent, or slanderous remarks to individual members of the Council while addressing the Council may be requested to leave the meeting. The following individuals spoke at "Citizens to be Heard". Maggie Titterington from the Chamber spoke on item 9A. She spoke in favor of the color for Alligator Dental. Kara Latimer spoke on item 913 the Fleet Agreement. She stated there were many questions on this contract and wanted to know if the staff had looked at additional agreements. Katie Cunningham also spoke on item 9B. She wanted to know why we had to have a fleet of 64 vehicles and did that include police. Why do we replace vehicles if we only put approximately 9,000 miles on them each year? Ms. Cunningham also spoke on Meet the Candidate Night. She had brought her children with her and those around her said they were well behaved. Ms. Cunningham stated that someone from the Chamber that hosted the event told her she had to take her kids out in the lobby area. Ms. Cunningham did not feel this was appropriate. Marlon Castro stated that the city needed to review item 9B before signing. He also thought that the color for Alligator Dental was nice and we needed to be flexible. Cindy Spencer wanted to know why candidates for City Office have to attack staff. She also spoke about the individual that made the statement at the last meeting if you don't support the Mayor "Shut up & Get Out". Ms. Spencer stated I will not be shut up nor will I get out. Why do we need to attack each other — why can't we agree to disagree? Charles Gardner stated he had received letters wanting to take some of his property. He had called the number on the letter and they said they would come out and speak with him but never showed up. He hoped that the city could re-evaluate this project. Lisa Jackson stated that she had requested an open records request and had not received a response until she sent an email stating she was reporting the city to the Attorney General's office. She also spoke on the individual that made the comment at the last meeting about shut -up and get out — Ms. Jackson stated she has a voice and will use it. Mr. Burns from Alligator Dental spoke on the color to his building. He stated he did not know he was not in compliance until the day before they open for business. He also said he wants to be a good partner with the city and would like to keep his color but will do what the city directs. Melvin Hicks spoke in favor of the color for Alligator Dental and ask the council to re -consider. 7. 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 September 24, 2019. Councilman Gibbs made the motion to approve the consent agenda. Motion was seconded by Councilman Hicks. For: All; Against: None. Motion carried 7 to 0. 8. Staff Updates/Discussion A. IT Department— Mr. McDaniel the IT Director gave a report on the usage of the City of Cibolo's website. B. Fire Department C. Planning & Engineering Department D. Administration 9. Discussion/Action A. Discussion/Action on an appeal of the Administrative Decision (UDC Article 8.3.3.13) concerning the color of the building occupied by Alligator Dental, 112 Gulf Street. Councilman Hicks made the motion to approve the color of the building occupied by Alligator Dental, 112 Gulf Street. Motion was seconded by Councilman Byrd. For: Council Members: Schultes, Garrett, Byrd, Allen and Hicks; Against: Council Members Gibbs and Woliver. Motion carried 5 to 2. B. Discussion/Action and approval of a lease and maintenance agreement with Enterprise Fleet Management and authorizing the City Manager to execute the agreement and related documents. Councilman Gibbs made the motion to approve a lease and maintenance agreement with Enterprise Fleet Management and authorizing the City Manager to execute the agreement and related documents. Motion was seconded by Councilwoman Schultes. For: Council Members: Schultes, Garrett, Byrd, Gibbs, and Woliver; Against: Council Members: Allen and Hicks. Motion carried 5 to 2. C. Discussion on the current status for the engineering study to remediate the soil erosion issues behind the Charleston Parke fence. This item was discussed by council. City Manager Mr. Herrera stated that the city has set aside $65,000 in this year's budget for this project. D. Discussion/Action on approving the continued imposition of a bingo prize fee and notify the Texas Lottery Commission. Councilman Hicks made the motion to approve the continued imposition of a bingo prize fee and notify the Texas Lottery Commission. Motion was seconded by Councilman Gibbs. For: Council Members: Schultes, Garrett, Gibbs, Allen, Woliver and Hicks; Against: Councilman Byrd. Motion carried 6 to 1. E. Discussion/Action on a Chapter 380 Economic Development Agreement with Babcock Road 165, LTD. This item was tabled until the October 22, 2019 Council Meeting. F. Discussion from Councihnembers that have attended seminars or meetings for the City of Cibolo. Councilman Hicks stated that he had attended the AAMPO meeting and they would be accepting projects in June. Councilman Byrd thanked Mr. Bone and his wife for showing up to help at Shred Day. G. Discussion on items council would like to see on future agendas. No items at this time. 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. Council went over the calendar for October and November 2019. 10. Ordinances A. Approval/Disapproval of an Ordinance of the City of Cibolo granting an Electric Transmission and Distribution, and Communications Franchise to the Guadalupe Valley Electric Cooperative, Inc. for the use of city streets, alleys, and public ways for alien year term. Councilman Hicks made the motion to approve the Ordinance of the City of Cibolo granting an Electric Transmission and Distribution, and Communications Franchise to the Guadalupe Valley Electric Cooperative, Inc. for the use of city streets, alleys, and public ways for a ten year term. Motion was seconded by Councilman Gibbs. For: All; Against: None. Motion carried 7 to 0. B, Approval/Disapproval of an Ordinance of the City of Cibolo amending the Code of Ordinances by establishing a section in Chapter 74 (Traffic and Vehicles) to include Golf Carts and Neighborhood Electric Vehicles. Councilman Gibbs made the motion to approve an Ordinance of the City of Cibolo amending the Code of Ordinances by establishing a section in Chapter 74 (Traffic and Vehicles) to include Golf Carts and Neighborhood Electric Vehicles. Motion was seconded by Councilman Byrd. For: All; Against: None. Motion carried 7 to 0. 11. 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: A. Briefing and legal advice on the Cibolo Turnpike Corporation — Cibolo Parkway Project. Council convened into Executive Session at 8:40 pm. 12. 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 9:30 pm. No action taken. 13. Adiournment Councilman Garrett made the motion to adjourn the meeting at 9:31 pm. Motion was seconded by Councilman Gibbs. For: Council Members: Schultes, Garrett, Gibbs, Allen, Woliver and Hicks; Against: Councilman Byrd. Motion carried 6 to 1. PASSED AND APPROVED THIS 22ND DAY OF OCTOBER 2019. StosWe Mayor ATTEST /,, , !, Peggy Cimics, TRMC City Secretary