Min CC 11/12/2019 Of C/9
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CITY COUNCIL MEETING
CIBOLO MUNICIPAL BUILDING
200 S.Main
November 12,2019
6:30 p.m.
MINUTES
1. Call to Order—Meeting was called to order at 6:30 pm
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, IT Director Mr. McDaniel, Fire Chief Troncoso, Police Chief Hugghins, Planning & Engineer Director
Mr.Klein,Public Works Director Mr.Fousse,and EDC Director Mr. Luft.
3. Invocation—Invocation was given by Councilman Hicks.
4. Pledge of Allegiance—All in attendance recited the Pledge of Allegiance.
5. Presentations
A. Proclamation for American Indian Heritage Month.
American Indian Heritage Proclamation was given to the Traditional American Indian Society. This group in
turn presented each member of council with either traditional Indian pillows or blankets.
B. Service Awards to Juan Cortez and Francisco Santos for five years' service to the City of Cibolo.
Mr. Herrera presented Juan Cortez and Francisco Santos from the Cibolo Parks Department their five year
service award for outstanding service to the City of Cibolo.
C. Appreciation awards to Cibolofest 2019 Sponsors.
Awards were given to Bronze, Silver, Gold and Platinum sponsors of Cibolofest by the City Manager Mr.
Herrera.
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 signed up to speak at Citizens to be Heard: A letter was read by Councilman Woliver
that was sent by Ms. Jackson who could not be present at the meeting. She thank both Councilman Garrett and
Councilman Byrd for their service to the City of Cibolo. Ms.Jackson also thanks Chief Hugghins for speaking at
the Domestic Violence ceremony in Schertz. She also questioned why a couple of her open records request are
late. Judy Womack stated that she had a cemetery walk at the church on Main Street with kids from Clemons
High School dressed in heritage clothing. They did a great job and are willing to perform at other events in the
city. Kara Latimer talked about secret meetings about project seahorse and the toll road. She also mentioned
forced annexation and taking of land from landowners. Maggie Titterington thanked everyone that participated in
the ribbon cutting this past weekend and hoped everyone can come out for another ribbon cutting on November
201. The Chamber will have an Awards Banquet next Tuesday and several Cibolo businesses have been
nominated.
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 October 22,2019.
B. Approval of the September 2019 Check Register pending final acceptance of the City's financial audit for the
2018/2019 fiscal year.
C. Approval of the Approval of the September 30,2019 quarterly Investment Report pending final acceptance
of the City's Financial audit for the 2018/2019 Fiscal Year.
Councilman Woliver made the motion to approve the consent agenda. Motion was seconded by Councilman
Garrett. For: All;Against:None. Motion carried 7 to 0.
8. Staff Updates/Discussion
A. IT Department
B. Planning&Engineering Department
C. Fire Department
D. Court
E. Police Department
F. Administration —Mr. Herrera showed a video of the Steam Engine going though Cibolo. Mr. Klein gave a
report on Backflow.
Mr. Herrera presented Councilman Garrett and Councilman Byrd with a gift for their service to the City of
Cibolo. Ms. Byrd and Ms. Garrett were also present flowers from the staff. The Mayor called for a recess at
7:14 pm so everyone could enjoy some refreshments. The meeting was called back to order at 7:30 pm.
9. Discussion/Action
A. Discussion/Action regarding the Preliminary Acceptance of Public Infrastructure for Red River Units 1 and 2.
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Councilman Hicks made the motion to approve the Preliminary Acceptance of Public Infrastructure for Red
River Units 1 and 2 to include:
Unit 1: Water: 12"Pipe: 3,300 Lineal Feet(LF); 8"Pipe: 3,688 LF=total valuation$447,831.00
Sanitary Sewer: 15"main: 2,447 LF; 8"main: 2,379 LF; 6"Lateral: 3,330 LF=total valuation$452,855.60
Drainage: $786,986.43; Public Street: $905,129.46; Other: Earthwork/Cleaning/SWPPP= total valuation
$235,746.10
Unit 2: Water: 8" Pipe: 2,191 LF; 6" Pipe: 15 LF = total valuation $182,624.50; Sanitary Sewer: 8" main:
1,661 LF; 6" Lateral: 2,560 LF = total valuation $201,979.00; Drainage: $9,300.50; Public Streets:
$312,658.75; Other: earthwork/Cleaning/SWPPP/Conduits=total valuation$224.093.50.
Motion was seconded by Councilman Byrd. For: All;Against:None. Motion carried 7 to 0.
B. Discussion/Action on authorizing the City Manager to pursue and complete property acquisition for Fire
Station#4.
Councilman Gibbs made the motion to authorizing the City Manager to pursue and complete property
acquisition for Fire Station #4. Motion was seconded by Councilman Hicks. For: All; Against: None.
Motion carried 7 to 0.
C. Discussion/Action and authorizing the City Manager to enter into a contract with M&C Fonseca Construction
Company, Inc., Granite Shoals, Texas, to complete the FM 1103 Utility Relocation Project in the amount of
One Million, Four Hundred Eighty Three Thousand, Three Hundred, Thirty Seven Dollars and Fifty Cents
($1,483,337.50). Staff also recommends establishing a contingency amount of Ninety Thousand Dollars
($90,000)—Six Percent for field directed change orders.
Councilman Hicks made the motion to authorizing the City Manager to enter into a contract with M&C
Fonseca Construction Company, Inc., Granite Shoals, Texas, to complete the FM 1103 Utility Relocation
Project in the amount of One Million, Four Hundred Eighty Three Thousand, Three Hundred, Thirty Seven
Dollars and Fifty Cents ($1,483,337.50). Motion was seconded by Gibbs (councilman rescinded his motion)
and motion was seconded by Councilman Allen. For: Councilman Hicks and Councilman Allen: Against:
Council Members: Schultes, Garrett, Byrd, Gibbs and Woliver. Motion failed 2 to 5. Councilman Garrett
made the motion to authorizing the City Manager to enter into a contract with M&C Fonseca Construction
Company, Inc., Granite Shoals, Texas, to complete the FM 1103 Utility Relocation Project in the amount of
One Million, Four Hundred Eighty Three Thousand, Three Hundred, Thirty Seven Dollars and Fifty Cents
($1,483,337.50) and establish a contingency amount of Ninety Thousand Dollars ($90,000). Motion was
seconded by Councilman Byrd. For: Council Members: Schultes, Garrett,Byrd,Gibbs and Woliver; Against:
Council Members: Allen and Hicks. Motion carried 5 to 2.
D. Discussion/Action determining a Construction Manager at Risk (CMAR) two-step procurement for
construction services will provide the best value to the City of Cibolo for the Old Schoolhouse/City Hall
Annex Project.
Councilman Hicks made the motion to approve a Construction Manager at Risk (CMAR) two-step
procurement for construction services will provide the best value to the City of Cibolo for the Old
Schoolhouse/City Hall Annex Project. Motion was seconded by Councilman Allen. For: All; Against: None.
Motion carried 7 to 0.
E. Discussion and direction to staff on the timely responses from the City of Cibolo Waste Service provider.
Mr. Fousse briefed this idem to council. There was a representative from Road Runner Towing and Republic
Waste also available to answer questions. A meeting is scheduled sometime in the next week to address
incidents like this in the future.
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F. Discussion/Action on the City of Cibolo casting votes for the Guadalupe Appraisal District's Board of
Directors election.
Councilman Hicks made the motion to approve all Cibolo's 192 votes to Councilman Garrett. Motion was
seconded by Councilwoman Schultes. For: All;Against:None. Motion carried 7 to 0.
G. Discussion and direction to staff on strategic planning for City services provided to Cibolo's senior citizens.
This item was brought to council by Councilman Woliver and Councilman Gibbs. They would like to see
how Cibolo can service the seniors of Cibolo. They would like to see a five to ten year plan with funding
source. Mr. Herrera stated that in the short term he would speak with the YMCA. Many of the seniors in
Cibolo currently use the facility in Schertz which many times overflows and cannot take care all the seniors.
Councilman Woliver and Gibbs will write something up and bring it back to council at a later date.
H. Discussion/Action to remove the color pallet from the UDC and let the UDC Committee determine if it needs
to be reinstated and if so what parameters would be acceptable so that developers in the City of Cibolo have a
consistent and clear instructions on what is and what is not allowed.
Councilman Garrett made the motion to deny removing the color pallet from the UDC and let the UDC
Committee determine if it needs to be reinstated and if so what parameters would be acceptable so that
developers in the City of Cibolo have a consistent and clear instructions on what is and what is not allowed.
Motion was seconded by Councilman Byrd. For: Councilmembers: Schultes, Garrett,Byrd,Allen and Hicks;
Against: Councilmembers: Woliver and Gibbs.
I. Discussion and direction to staff concerning an ordinance that provides uniform standards for the construction
and maintenance of fences.
Council discussed this item. Mr. Klein the Director of Planning and Engineering was able to answer
questions. Mr.Klein stated that he would bring back a draft ordinance for review in December.
J. Discussion on the status of when the Impact Fees will be updated.
Mr. Fousse the Public Works Director stated that a RFQ would be going out on January 171 and this item
should be brought to council the first meeting in February.
K. Discussion from Councilmembers that have attended seminars or meetings for the City of Cibolo.
Councilman Hicks stated that he attended an EDC conference in Bastrop. He stated that he received a lot of
good information and would like to talk more about this at the Council Retreat. Mr. Hicks also mentioned
that he had attended a MPO meeting.
L. Discussion on items council would like to see on future agendas.
No new items brought up at this time.
M. 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 calendars for November and December 2019.
10. Ordinances
A. Approval/Disapproval of an Ordinance of the City of Cibolo, Texas authorizing the issuance of the "City of
Cibolo, Texas General Obligation Refunding Bonds, Series 2019", levying an annual ad valorem tax, within
the limitations prescribed by law, for the payment of the bonds; delegating the authority to certain members
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of the City Council and City Staff to approve and execute certain documents relating to the sale of the bonds;
and providing an effective date.
Councilman Hicks made the motion to approve the Ordinance of the City of Cibolo, Texas authorizing the
issuance of the"City of Cibolo, Texas General Obligation Refunding Bonds, Series 2019", levying an annual
ad valorem tax, within the limitations prescribed by law, for the payment of the bonds; delegating the
authority to certain members of the City Council and City Staff to approve and execute certain documents
relating to the sale of the bonds; and providing an effective date. Motion was seconded by Councilman Allen.
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 Chapter 74
Traffic and Vehicles, by adding Article XIII Transportation of Sludge Waste, providing for unlawful acts and
exemptions, providing a penalty for the violation of the ordinance and establishing fees and fines for the
pumping and hauling of sludge waste on and through the public streets of the City of Cibolo.
Councilman Woliver made the motion to approve an Ordinance of the City of Cibolo amending the Code of
Ordinances Chapter 74 Traffic and Vehicles, by adding Article XIII Transportation of Sludge Waste,
providing for unlawful acts and exemptions, providing a penalty for the violation of the ordinance and
establishing fees and fines for the pumping and hauling of sludge waste on and through the public streets of
the City of Cibolo. Motion was seconded by Councilman Hicks. 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's request for Mediation.
Council went into Executive Session at 9:08 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 9:27 pm. No action taken.
13. Adjournment.—Councilman Garrett made the motion to adjourn the meeting at 9:28 pm. Motion was seconded
by Councilman Hicks. For: Council Members Schultes,Garrett,Gibbs,Allen,Woliver and Hicks; Against:
Councilman Byrd. Motion carried 6 to 1.
PASSED AND APPROV THIS 10TH DAY OF DECEMBER 2019.
Stosh Boyle
Mayor
ATTEST:
-7'Ir/
Peggy Cimics,TRMC
City Secretary
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