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Min CC 01/14/2020 J „f C 6 O _< O �iMYMylggNlNlllll,,. X 'City of Choice" CITY COUNCII,MEETING CIBOLO MUNICIPAL BUILDING 200 S.Main January 14,2020 6:30 p.m. Minutes 1. Call to Order—Meeting was called to order at 6:30 pm by Mayor Boyle. 2. Roll Call and Excused Absences — Council Present: Mayor Boyle, Councilmembers: Schultes, Quinn, Bone, Gibbs, Allen, Woliver and Hicks; Staff Present: City Manager Mr. Herrera, City Attorney Mr. Garza, City Secretary Ms. Cimics, Finance Director Ms. Miranda, IT Director Mr. McDaniel, Police Chief Hugghins, Fire Chief Troncoso,Planning&Engineering Director Mr.Klein,Public Works Director Mr.Fousse,ED Director Mr. Luft and Asst. Director of Planning Ms. Gonzalez. 3. Invocation—Councilman Hicks gave the Invocation. 4. Pledge of Allegiance—All in attendance recited the Pledge of Allegiance. 5. Presentation A. Discussion and reappointment of Ed Phillips as Judge for the Cibolo Municipal Court for another three years. Councilman Hicks made the motion to reappoint Ed Phillips as Judge for the Cibolo Municipal Court for another two years. Motion was seconded by Councilman Gibbs. For: All;Against:None. Motion carried. B. Oath of Office(Judge Phillips). City Secretary gave the Oath of Office to Judge Phillips. C. Judge Phillips update to Council on the Cibolo Municipal Court. Judge Phillips gave a report to council on the Cibolo Municipal Court. The Judge also thanked Ms. Fullenwider and Ms. Gomez the Cibolo Court Clerks for an excellent job in keeping the court running smoothly. Judge Phillips thanked the Council for giving him another two years to service Cibolo. 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 - Marlon Castro spoke on the Senior Center in Schertz. He stated that at one time Schertz had ask for $50,000 from Cibolo to support the center. He also sated that 23% of the seniors are from Cibolo and we should be providing some support. He spoke on some of the programs offered and did not know if Cibolo had plans on building their own senior center. Irene Chard gave her time to her husband Randy Chard. Mr. Chard read a letter to the council on the EDC accomplishments. He praised both Mr. Luft and Ms. Lee on establishing a consistent direction, and an objective means of measurement and results that will aid the City of Cibolo for years to come. Mr. Chard stated he was proud to serve on Cibolo's EDC the last few years. He spoke on Dave Petersen the President of the EDC Board and how he is a gifted leader and person of unquestionable character and integrity. He said he was shocked to learn that council plans on replacing him. Mr. Chard stated that he was resigning effective immediately from the EDC Board as he felt he could provide little value in the Political Theatre of the new City Council. Maggie Titterington that the new Chamber book is out and she welcome's any comments/feedback. She thanked the city for showing the Leadership Corp. around the city and the briefings that were done by several different departments. Kasie Tankersley from GVEC and a member of the Leadership Corp. thanked everyone for their hospitality today. Jacqueline Ott stated she was on the ballot for Judge of the 25' District. She gave a little about her background and ask for support. Judy Womack a member of the Cibolo Historical Committee reminded everyone that next month is the anniversary of the completion of the railroad. William Spencer spoke on Leadership and gave some of the qualities of leadership to include honesty, integrity, commitment to personnel, good communication, accountability, admitting when you do something wrong,transparent and many more. Cynthia Spencer stated that she has been nice has followed the rules and has been respectful but it's changing. She said that she agreed with Mr. Herrera that it was nice to have unity, but it takes all parties involved, and everyone needs to be heard and valued. She said what she heard tonight that two people resigned from their committees as she stated she also resigned her position on the two committees she was a member. She stated that this council is a farce and you have your own agenda and you don't serve all the citizens only those that support the mayor. Mayor Boyle use the gavel and warned Ms. Spencer not to call anyone out. Ms. Spencer stated that she would speak she was a citizen and had the right to speak. Ms. Spencer used Councilman Quinn name and Mayor Boyle ask the Police Chief to have Ms. Spencer removed from the Council Chambers. Ms. Spencer stated she had a right to speak. One of the Police Officers went to the podium and Ms. Spencer sat down in her sit in the chamber. James Twenter thanked the Police Chief on getting the No Thru Trucks signs up so quickly. Cedric Edwards introduced himself as a candidate for Precinct 3 Commissioner and ask Cibolo for support. Melvin Hicks talked about the color palette that was discussed at the UDC Meeting. He also talked about making the downtown area a historical district. 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 December 10,2019. B. Approval of the October 2019 Check Register pending final acceptance of the City's financial audit for the 2019/2020 fiscal year. C. Approval of the October 31,2019 Revenue and Expense Report pending final acceptance of the City's Financial audit for the 2019/2020 Fiscal Year. 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. 2 8. Staff Updates/Discussion A. IT Department B. Planning&Engineering Department C. Fire Department D. Police Department E. Administration — Mr. Herrera stated that he attended the Police Departments Banquet this past Friday. Officer of the Year was Officer Schima. 9. 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. Councilman Woliver made the motion to postpone this item to the first meeting in February when the council is scheduled have this item on the agenda. Motion was seconded by Councilman Gibbs. For: Councilmembers Schultes, Bone, Gibbs, Woliver and Hicks; Against: Councilmembers: Quinn and Allen. Motion carried 5 to 2. B. Discussion/Action regarding the Final Acceptance of Public Infrastructure for Unit Sl within the Turning Stone Subdivision and Mesa at Turning Stone Units 6 and 7. Councilman Allen made the motion to approve the Final Acceptance of Public Infrastructure for Unit Sl within the Turning Stone Subdivision and Mesa at Turning Stone Units 6 and 7 to include Turning Stone Unit S1 — Sanitary Sewer: 3,439 Lineal Feet with a valuation of$257,065.75; Drainage: 3,477 Linear Feet with a valuation of$608,072.00; Public Street: 4,141 Linear Feet with a valuation of$1,006,468.25; Water: 4,658 Linear Feet with a valuation of$305,452.50(GVSUD): Mesa at Turning Stone Unit 6: Sanitary Sewer: 1,470 LF with a valuation of$134,717.50; Drainage: 52 LF with a valuation of$94,735.00; Water: 1,280 LF with a valuation of $94,735.00; Private Streets: 1,169 LF with a valuation of $322,946.00 (Designed to City standards); Mesa at Turning Stone Unit 7: Sanitary Sewer: 2,328 LF with a valuation of $168,332.00; Drainage: 427 LF with a valuation of$509,374.00, Water: 2,684 LF with a valuation of$144,262.00, Private Streets: 2,883 LF with a valuation of $590,179.50 (Designed to City standards) Total Valuation of Improvements including GVSUD and Private Streets: $4,248,755.75; Total Valuation of Accepted Public Improvements dedicated to the City of Cibolo: $3,030,177.75. Motion was seconded by Councilman Woliver. For: All;Against:None. Motion carried 7 to 0. C. Discussion/Action on authorizing the City Manager to execute Task Order 20-02 with CDS Muery to provide engineering and surveying services for the Bolton Road and Santa Clara Road, street and drainage reconstruction for the AWTX New Plant Project. Councilman Gibbs made the motion to authorize the City Manager to execute Task Order 20-02 with CDS Muery to provide engineering and surveying services for the Bolton Road and Santa Clara Road, street and drainage reconstruction for the AWTX New Plant Project. Motion was seconded by Councilman Hicks. For: All;Against:None. Motion carried 7 to 0. 3 D. Discussion/Action to authorize the City Manager to execute a Task Order with CDS/Muery to provide an engineering study to develop construction plans to remediate the stormwater erosion in the existing drainage area behind Charleston Parke in the amount of$65,000. Councilman Allen made the motion to authorize the City Manager to execute a Task Order with CDS/Muery to provide an engineering study to develop construction plans to remediate the stormwater erosion in the existing drainage area behind Charleston Parke in the amount of $65,000. Motion was seconded by Councilman Woliver. For:All;Against:None. Motion carried 7 to 0. E. Discussion/Action on approving a subcommittee of three council members to be appointed by Mayor Boyle to work with the City Manager and Director of Economic Development concerning a development proposal from Netra Capital. Councilman Woliver made the motion that council establish a sub-committee consisting of Councilmembers Quinn, Gibbs and Allen. The sub-committee will bring there recommendation back to the full council at a future Council Meeting. Motion was seconded by Councilman Allen. For: All; Against: None. Motion carried 7 to 0. F. Discussion/Action on Economic Development Corporation operations, budget, procedures and authorizing an audit to review compliance of operations,budget and procedures. This item was tabled until after the Executive Session. G. Discussion/Action on reviewing City's procurement policies, procedures, compliance with procurement laws and hiring a third party to review such compliance. This item was tabled until after the Executive Session. H. Discussion from Councilmembers that have attended seminars or meetings for the City of Cibolo. Councilman Hicks stated he attended TML Newcomers Orientation and he would like to see other councilmember attend some of the courses offered by TML. Councilman Gibbs attended a CRWA Meeting. I. Discussion on items council would like to see on future agendas. Mayor Boyle wanted an item on sidewalks along FM 1103. Councilman Allen wanted to see an item on the quarter cents sales tax for street maintenance and a list of projects covered by this tax and the cost of each project. J. 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 January 2020. 10. Ordinances A. Approval/Disapproval of an Ordinance of the City of Cibolo, for 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. Councilman Gibbs made the motion to approve an Ordinance of the City of Cibolo, for 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. Motion was seconded by Councilman Quinn. For: All;Against:None. Motion carried 7 to 0. 4 B. Approval/Disapproval of an Ordinance of the City of Cibolo authorizing the City Manager to execute a Local on System Improvement Project with TXDOT to design and construct intersection improvements and traffic signals at Wiederstein Road and the IH 35 North and South frontage roads in Cibolo,Texas. Councilwoman Schultes made the motion to approve an Ordinance of the City of Cibolo authorizing the City Manager to execute a Local on System Improvement Project with TXDOT to design and construct intersection improvements and traffic signals at Wiederstein Road and the IH 35 North and South frontage roads in Cibolo, Texas. Motion was seconded by Councilman Gibbs. 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. Discussion and legal guidance on ratifying a termination letter from the City Manager to the Cibolo Turnpike L.P. B. Receive update from the City Attorney and City Manager concerning a proposed Chapter 380 Economic Development Agreement between the City of Cibolo and Babcock Road 165 LTD. C. Discussion on the legal parameters and limitations of the Economic Development Corporation and options moving forward. D. Discussion seeking legal guidance on how to proceed with allegations regarding Whistleblower complaint. Council convened into Executive Session at 8:27 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 Open Session at 10:19 pm. A. Councilwoman Schultes made the motion that the agree with Mr. Herrera's statement that the Cibolo Turnpike Corporation failed to meet financial closing and we ratify the termination letter. Motion was seconded by Councilman Gibbs. For: All; Against:None. Motion carried 7 to 0. B. Councilman Allen made the motion to allow the City Manager to continue negotiating a 380 Agreement with Babcock Road 165 LTD and bring back final Agreement to the next council meeting. Motion was seconded by Councilman Hicks. For:All;Against:None. Motion carried 7 to 0. C. Councilman Quinn made the motion to give staff 30 days to come back to council to explain the history and structure of the EDC as outlined in item 9F of the agenda and bring back to council the second meeting in February. Motion was seconded by Councilman Hicks. For: All;Against:None. Motion carried 7 to 0. D. Councilman Allen made the motion to ask the current auditors to come to a City Council Meeting so we can extend a review to include procurement processes,procedures and to look at actual procurements for the last two years. Motion was seconded by Councilman Quinn. For: All;Against:None. Motion carried 7 to 0. 13. Adjournment 5 Councilman Woliver made the motion to adjourn the meeting at 10:25 pm. Motion was seconded by Councilman Hicks. For: All;Against:None. Motion carried 7 to 0. PASSED AND APPROVED THIS 28TH DAY OF JANUARY 2020. Stosh y Mayor ATTEST Peggy Cimics,TRMC City Secretary 6