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Min CC 12/10/2019 OF C 0 rcxs 'City of Choice CITY COUNCIL MEETING CIBOLO MUNICIPAL BUILDING 200 S.Main December 10,2019 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—Members Present: Mayor Boyle, Councilwoman Schultes, Councilman Quinn, Councilman Bone, 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 & Engineering Mr. Klein,Public Works Director Mr.Fousse and ED Director Mr. Luft. 3. Invocation—Invocation was given by Mayor Boyle. 4. Pledge of Allegiance—All in attendance recited the Pledge of Allegiance. 5. Public Hearing The City of Cibolo will hold a public hearing to hear public testimony regarding the rezoning of .314 acres located at 201 Rawe Avenue from High Density Residential (SF-6) with Old Town Mixed Use Overlay to Community Retail/Service(C-2)with Old Town Mixed Use Overlay. This item was briefed to council by Ms. Gonzalez. Mayor Boyle open the public hearing at 6:34 p.m. Mr. Luft spoke and stated that the Cibolo EDC was in favor of this rezoning. No other citizens wish to speak, and Mayor Boyle closed the public hearing at 6:37 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. 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: Mark Miller spoke on Tolle Rd to the east end and lot 7 which he said is operating a landfill, lot 6 which is being used as a material yard and parking equipment and lot 5 which is very unsightly. Mr. Miller also stated potholes are showing up every day. Why can't we fill them in instead of just a few? Kevin Raynor made a comment on the signs that the city put up to lock your doors. Those signs are in the right of way and when he put signs up, they were removed. He felt that everyone should be treated the same when it comes to placement of signs. He also stated he would be doing Santa Claus again this year and would hope that some of the council would support his project. Kara Latimer agreed with Mr. Miller on the potholes and was also concerned about council going into executive session to discuss something that affects her property. Michael Carpenter introduced himself as a candidate for County Commissioner. He gave out his phone number incase anyone had questions for him. Jim Twenter spoke on the status of the no thru truck signs for Tolle Road. Melvin Hicks signed up but did not speak. 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 November 12,2019. B. Approval of the Special Meeting/Canvassing Ballots held on November 18,2019 C. Approval of the minutes of the Council/Staff Town Hall Meeting held on November 19,2019. Councilman Woliver 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 an update on projects completed in the last two months. B. Police Department C. Fire Department D. Planning&Engineering Department E. Administration 9. Discussion/Action A. Discussion/Action on the re-appointment of Lesley Pedde to the Cibolo Valley Local Government Corporation CVLGC). Councilman Gibbs made the motion to appoint Lesley Pedde to the Cibolo Valley Local Government Corporation. Motion was seconded by Councilwoman Schultes. For: All; Against: None. Motion carried 7 to 0. B. Discussion/Action on the removal, appointments and re-appointments to Planning and Zoning Commission, Board of Adjustments, Capital Improvement Program (CEP)Committee, Charter Review Committee, Master Plan Committee, Youth Council, Cibolo Economic Development Corporation Board, Animal Advisory Board,and all other Committees, Commissions and Boards. Councilman Quinn made the motion to appoint Randy Roberts to the Board of Adjustments. Motion was seconded by Councilman Hicks. For: All;Against:None. Motion carried 7 to 0. Councilman Allen made the motion to appoint John Frias to the Board of Adjustments. Motion was seconded by Councilwoman Schultes. For: All;Against:None. Motion carried 7 to 0. Councilwoman Schultes made the motion to appoint Glenda Henry as an alternate to the Historical Committee. Motion was seconded by Councilman Quinn. For: All;Against:None. Motion carried 7 to 0. 2 C. Update and discussion on the TXDOT FM 1103 Reconstruction Project, the FM 1103 Utility Relocation Project and the TXDOT Utility Agreement. Mr. Fousse stated that materials should be delivered sometime this week. The city was eligible for a reimbursement of 90.8%on the project not including the price of the easement that was taken from the city. D. Discussion/Action to authorize the City Manager to execute Task Order 20-07 with Lockwood Andrew Newnam(LAN)to provide construction inspection services and geotechnical services for the FM 1103 Utility Relocation Project in the amount of$150,948.40. Councilman Woliver made the motion to authorize the City Manager to execute Task Order 20-07 with Lockwood Andrew Newnam(LAN)to provide construction inspection services and geotechnical services for the FM 1103 Utility Relocation Project in the amount of$150,948.40. Motion was seconded by Councilman Gibbs. For: All;Against;None. Motion carried 7 to 0. E. Discussion/Action regarding the Final Acceptance of Public Infrastructure for Ripps-Kreusler Cibolo Crossing Subdivision. Councilman Hicks made the motion to approve the Final Acceptance of Public Infrastructure for Ripps- Kreusler Cibolo Crossing Subdivision. To include Water: 2,087 Lineal Feet for a total valuation of $279,814.00; Sanitary Sewer: 999 Lineal Feet for a total valuation of$68,027.00; Drainage: 2,510 Lineal Feet for a total valuation of$471,089.80; Public Street: 1,670 Lineal Feet for a total valuation of$496,701.80 for a total valuation of accepted Public Improvements dedicated to the City of Cibolo: $1,315,632.60. Motion was seconded by Councilman Gibbs. For:All;Against:None. Motion carried 7 to 0. F. Discussion/Action on the election of a Mayor Pro-Tem. Councilman Woliver made the motion to elect Councilman Gibbs as Mayor Pro-Tem. Motion was seconded by Councilwoman Schultes. Councilman Allen made the motion to elect Councilman Hicks as Mayor Pro-Tem. Motion was seconded by Councilman Quinn. Mayor Boyle called for a vote on the first motion to elect Councilman Gibbs as Mayor Pro-Tem. Councilwoman Schultes—Yes Councilman Quinn—No Councilman Bone—No Councilman Gibbs—Yes Councilman Allen—No Councilman Woliver—Yes Councilman Hicks—No Motion failed 3 to 4 Mayor Boyle called for a vote on the second motion to elect Councilman Hicks as Mayor Pro-Tem Councilwoman Schultes—Yes Councilman Quinn—Yes Councilman Bone—Yes Councilman Gibbs—No Councilman Allen—Yes Councilman Woliver—No Councilman Hicks—Yes Motion carried 5 to 2 3 G. Discussion and direction to staff on amending the City of Cibolo's Code of Ordinances Chapter 30: Floods. This item was briefed by Mr. Klein. This will amend Chapter 30 of the Code of Ordinances. It would adopt Atlas 14 (rainfall), update the development standards in the flood plain areas and establish a penalty and fines which we do not have in this chapter currently. This will be brought back in early 2020 for adoption by ordinance. H. Discussion and direction to staff on amending the City of Cibolo's Code of Ordinances Chapter 46: Nuisances to add Article 5—Fence Maintenance. This item was tabled until the second meeting in January 2020. I. Discussion and direction to staff on amending the City of Cibolo's Code of Ordinances Chapter 14: Building and Building Regulations to update building codes from 2012 to 2015. Mr. Klein stated that he would like to update the building codes from 2012 to 2015 to include the mechanical code,plumbing code, electrical code, and local amendments. Mr. Klein did state that this would include tiny houses. Council did ask why not adopt the 2018 code. Mr. Klein stated that the cost to the building community would be so high and that was taken into consideration. These codes will be brought back the second meeting in January by ordinance for adoption. J. Discussion and direction to staff on the Tolle Road Bond that was passed by the voters in 2018 and when the project will begin. The Tolle Road Project was funded %by the 2018 bond passed by the voters and 'h by DR Horton. This project should start mid to late summer and take approximately 18 months to complete.This will be a two- lane road. Public Improvement Agreement is being worked on with DR Horton and we should be receiving a draft shortly. K. Discussion and direction to staff on Bolton Road and all the potholes that need to be fixed. Mr. Hicks stated that this was address by email yesterday. L. Discussion and Direction to staff on future maintenance for Cibolo Valley Drive from IH-35 to FM 1103 and where it is currently on the CIP. This area is not currently on the Capital Improvement Project List. Staff briefed council that this will be an item discussed at the retreat in January. On conclusion of this briefing staff will ask council how they would like to proceed. Councilman Quinn did state he was concern on discussing this at a retreat instead of a regular meeting. He was also concerned about the infrastructural in Cibolo and the maintenance of the streets in Cibolo. M. Discussion and Direction to staff on when will the city complete the Haeckerville Road Project and where the city is on the drainage issues. Mr. Fousse stated that construction plans have been completed for this project. An easement and right of way agent has been engaged. Initial offers for three major drainage easements have been provided to the landowners. Overall there are more than 50 easements needed for this project to be completed. N. Discussion and Direction to staff on Buffalo Place in front of La Cabana and Mako's on the Creek and will impact fees be used to fix this area. Buffalo Place in not on the Capital Improvement Program List. This street is also not eligible for impact fees. Mr.Fousse the Public Works Director stated that this project is partially an inhouse project and that the Street Department will be putting in curbs next week. 4 O. Discussion and Direction to staff on safety devices for downtown area crosswalks (Harmons, Old Main, The Mill and 1908 House of Wine. Councilman Hicks stated that the price discussed for safety devices was way to high. He had pictures taken from another city and that price was less than$300.00 for each devise. Staff felt that these signs would work, and the City Manager requested the Police Chief look at other areas of the city they might be utilized. P. Discussion and direction to staff on accountability and responsibility to include the Economic Development Corporation. This item was brought up by Councilman Quinn and reading the TML 2019 Handbook for Councilmembers Cibolo is a Council-Manager form of Government. Voters elect Council, Council hires the City Manager. Mayor has legislative responsibility and Council makes policy and they wear a lot of hats. City Manager Implements policy established by council and operates the city in a responsible way. He is also the Chief Operating Officer of the City and is accountable to the City Council. The City Secretary gives administrative support to the Mayor and Council and maintains all records of the city. The Economic Development Corporation works for the City Council. Areas of concern Councilman Quinn has: Office hours according to the Personnel Policy are 8am to 5pm with a one-hour lunch break. All staff members should use the Kronos system to sign in and out as this is a check and balance. Council should be approving authority for PTO for the City Manager, City Secretary and EDC if they work for council. Information that is provide to council from staff is good, but he would like it to be standardize and he would like to see multiply course of action if action is required. Councilman Quinn would also want staff to make sure that all the facts given are correct. Council should be kept in the loop on things that happen in the city. Council should not have to wait two weeks for the information. Inform council in a timely manner. Councilman Hicks stated that EDC has a Resolution (1350 dated in 2007) that states that the EDC reports directly to the City Council. The City Manager stated that yes,the EDC reports to the Mayor and Council but Mark works for the City Manager,but he does direct, supervisors and helps the board on how to do business. Mayor Boyle stated so the EDC does report to the council except Mr. Luft and Mr. Herrera stated that was correct. Councilman Quinn ask does EDC need oversight from the City Manager. City Attorney was asked by Councilman Quinn if he could get a few answers on the Economic Development Corporation and get back with council. Q. Discussion and direction to staff on a Workforce Study for City Staff Department Heads to include the City Manager and City Secretary. Councilman Quinn stated that in 2017 the State did a Workforce Planning Guide which he has read. He stated that staff has said they are short staff in most areas of the city, but we have the ability for the Department Heads to take an extra day off each month. This has not been approved by council and he understands that It has been going on for years. Department Heads are already given an extra week in their benefit package. Mr. Herrera did state that Department Heads are eligible for a day off each month but that he has the figures that show that very few Department Heads have taken advantage of this. He will get that information to council. Councilman Quinn did not think extra day each month was good business practice. Councilman Quinn would like to see a outside agency conduct this study but was not against the City Manager doing it if it was done in a timely manner. Mr. Herrera thought that an outside agency would be the best way to go but he would like to sit down and talk with Councilman Quinn to make sure everything that is needed or wanted would be in the study. R. Discussion and direction to staff on a payroll audit for City Staff Department Heads to include the City Manager and City Secretary. This item was tabled. S. Discussion and direction to staff for the cost and hiring of an in-house City Attorney. 5 The Finance Director will do a review of the attorney fees and get that out to the council. Council will than be able to discuss and see what action they may want to take. T. Discussion from Councilmembers that have attended seminars or meetings for the City of Cibolo. Councilman Gibbs attended a Green Valley Special Utility Meeting. Councilwoman Schultes and Councilman Hicks attended a Time Management Seminar. Councilwoman Schultes also attended a School Safety Meeting that talked about school shootings and that a shooting last less than 5 minutes and it takes more time than that for the police to show up on the scene. Councilman Hicks attended an MPO meeting about Traffic Incident Management. Mayor Boyle attended a Mayor's meeting in Marion and talked about cost sharing of equipment. U. Discussion on items council would like to see on future agendas. Mayor requested an update on sidewalks on FM 1103 and an update from EDC. Councilman Hicks requested the two tabled items be brought back. V. 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 December 2019 and January 2020. 10. Ordinances A. Approval/Disapproval of an Ordinance of the City of Cibolo providing for the first amendment to the Budget for the Fiscal Year 2019-2020,beginning October 1,2019 and ending September 30,2020. Councilman Hicks made the motion to approve an Ordinance of the City of Cibolo providing for the first amendment to the Budget for the Fiscal Year 2019-2020, beginning October 1, 2019 and ending September 30,2020. Motion was seconded by Councilman Woliver. 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 convened into Executive Session at 9:45 p.m. 12. Open Session Reconvene into Regular Session and take/or give direction or action, if necessary, on items discussed in Executive Session. Councilman reconvened into regular session at 10:39 p.m. Mayor Boyle stated that the City Council agreed to have a pre-mediation meeting with a few councilmembers prior to the mediation with the Cibolo Turnpike Corporation. 6 13. Adjournment Councilman Woliver made the motion to adjourn the meeting at 10:40 p.m. Motion was seconded by Councilman Hicks. For: All;Against:None. Motion carried 7 to 0. PASSED AND APPROVED THIS 14TH DAY OF JANUARY 2020. a Stosh yle Mayor ATTEST Peggy Cimics, TRMC City Secretary 7