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Min CC 02/11/2020 G �y0 F ..rO O reX0, "City of Choice" CITY COUNCIL MEETING CIBOLO MUNICIPAL BUILDING 200 S. Main February 11,2020 6:30 p.m. MINUTES 1. Call to Order—Meeting was called to order by Mayor Boyle at 6:30pm. 2. Roll Call and Excused Absences — Council 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 and Mr. Lindner, City Secretary Ms. Cimics, Finance Director Ms. Miranda, IT Director Mr. McDaniel, Police Chief Hugghins, Fire Chief Troncoso, Planning and Engineering Director Mr. Klein,Public Works Director Mr. Fousse and Economic Development Director Mr.Luft. 3. Invocation—Councilman Allen gave the Invocation. 4. Pledge of Allegiance—All in attendance recited the Pledge of Allegiance. 5. Presentation A. Proclamation to a Cibolo citizen for his many years of valued contribution to his community. Mr. Raynor was given a proclamation for his service to the City of Cibolo. B. Proclamation for President George Washington Day. Mr. Jones was present to receive the proclamation for George Washington Day. 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: Jane Marquardt on placing banners in the City of Cibolo honoring hometown heroes. Maggie Titterington from The Chamber spoke on the next Chamber meeting that will cover the State of the Cities(Schertz, Cibolo and Selma). She also spoke to on the Taste that will be in March and that tickets are on sale. Jimmy Harless introduced himself as a candidate for Guadalupe County Sheriff. He spoke a little on what he would like to see done if elected. Dean Midlick stated that his business was donating$10,000 to sponsor 40 soccer teams (374 children) at the Cibolo and Schertz YMCA. William Spencer gave his time to Cindy Spencer. Ms. Spencer stated that every time she has spoken she has been respectful. Ms. Spencer stated that everyone should be treated the same and that council needs to follow their policies. She said that she received an email from one of the councilmembers requesting that she resign from both the P&Z and Parks Commission as they had different views. How does this person know they never spoke to me nor emailed me (except to resign). Council policy says that members of the committees, commissions and boards are appointed by the council and they serve at the pleasure of council. Council not just one councilmember. Glenn Weber stated that it was a pleasure to serve on council. He stated he also served on the EDC and when a member very seldom saw a councilmember attend a meeting. Mr. Weber said in January Mr. Petersen was asked to resign from the EDC. He was the President and a great leader. When he resigned the Vice President also resigned leaving the EDC short two experience members. Carol Buell thanked the Cibolo Police Department for letting the Guadalupe Crime Stoppers use there building for a meeting. Brad Barrows spoke to council on individual right to speak. Kara Latimer stated that she would like to help the council with their policies. Jim Twenter spoke on the 16 acres at FM 1103 and Wiederstein. He felt the roads are already over crowed and so are the schools. Sammy Villela sent an email which was read by Councilman Allen. He spoke on item 9C making the City of Cibolo a Purple Heart City. 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 January 28,2020. B. Approval of the minutes of the Joint Cibolo, Schertz CVLGC Workshop held on January 30,2020. C. Approval of the Quarterly Investment Report ending December 31, 2019 pending the 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 Gibbs. For: All;Against:None. Motion carried 7 to 0. 8. Staff Updates/Discussion A. IT Department B. Planning&Engineering Department C. Fire Department — Chief Troncoso gave a presentation and stated that the Fire Department received five Pet Oxygen Kits from the Emma Zen Foundation. These kits are carried in the Fire Trucks and trucks are marked that they carry the Pet Kit. D. Police Department E. Court Department F. Administration 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 Quinn made the motion to move Melvin Hicks from an alternate P&Z member to a primary member. Motion was seconded by Councilman Allen. For: Council Members: Schultes, Bone, Quinn, Gibbs, Allen and Woliver;Against:None;Abstain: Councilman Hicks. Motion carried 6 to 0 to 1. Councilman Allen made the motion to appoint Mr. Mattingly to the Economic Development Corporation. Motion was seconded by Councilman Quinn. For: All;Against:None. Motion carried 7 to 0. Councilman Quinn Made the motion to appoint Mr. Miller to the Parks and Recreation Commission. Motion was seconded by Councilman Hicks. For: All; Against:None. Motion carried 7 to 0. 2 Councilman Quinn made the motion to appoint Mr. Hamann to the Economic Development Corporation. Motion was seconded by Councilman Allen. Councilman Woliver made a motion to appoint Mr. Miller to the Economic Development Corporation. Motion was seconded by Councilman Gibbs. Mayor called for a vote of the first motion to appoint Mr. Hamann to the Parks and Recreation Commission. For: Council Members: Hicks, Allen, Gibbs, Bone and Quinn; Against: Council Members: Woliver and Schultes. Motion carried 5 to 2. There was no need to call for a vote of the second motion as position was filled. After the appointments several councilmembers made a statement: Councilwoman Schultes stated that she respects a council persons opinion on who they wish to appoint but they are only one vote. There is no such thing as a rubber stamp. Each appointment is voted on by the entire council. To remove a person should be brought to the entire council to discuss as they are appointed by the entire council. Councilman Gibbs stated that we need to give due process to are volunteers. Any decision for discipline should be done by the entire council not one person. Councilman Woliver said that when a person was asked to resign normally they would agree as they would not want a public embarrassment. Councilman Quinn stated that he had every right to do what he did as there is nothing in writing. Put it in the policy for everyone to follow. Councilman Hicks reminded everyone that some individuals will be at their six-year term and everyone needs to recruit some new volunteers to serve in those slots. B. Discussion/Action on an amendment and restatement of an "Interlocal Agreement" between the City of Schertz and the City of Cibolo for the construction of Wiederstein Road generally from Cibolo Valley Drive through the intersection of the northbound frontage road of Interstate Highway 35, the full right of way located in the corporate boundaries of Cibolo and Schertz. Council convened into Executive Session on this item at 7:54pm. Council convened into regular session at 8:03pm. Councilman Hicks made the motion to approve an"Interlocal Agreement"between the City of Schertz and the City of Cibolo for the construction of Wiederstein Road generally from Cibolo Valley Drive through the intersection of the northbound frontage road of Interstate Highway 35, the full right of way located in the corporate boundaries of Cibolo and Schertz. Motion was seconded by Councilwoman Schultes. For: All; Against:None. Motion carried 7 to 0. C. Discussion/Action on designating the City of Cibolo a Purple Heart City. Councilman Quinn made the motion to continue the process to designate the City of Cibolo a Purple Heart City. Motion was seconded by Councilman Hicks. For: All;Against:None. Motion carried 7 to 0. D. Discussion on a contract with the Athenians for use of the Multi-Event Center. This item was postponed. E. Discussion/Action on forming a Street,Drainage and Public Safety Committee. This item was discussed by all council members. Consensus among council was that this might be a good committee,but council needs to define the mission and get a process in place before moving forward. F. Discussion/Action on forming a Policy Advisory Committee. Council discuss this item in detail and there were many suggestions made by all members. Councilman Quinn made the motion to form a Policy Advisory Committee. Motion was seconded by Councilman Hicks. For: Councilman Quinn, Councilman Allen and Councilman Hicks; Against: Councilman Woliver, Councilman Gibbs,Councilwoman Schultes and Councilman Bone. Motion failed 3 to 4. G. Discussion from Councilmembers that have attended seminars or meetings for the City of Cibolo. None at this time. H. Discussion on items council would like to see on future agendas. Councilman Hicks would like a presentation from AACOG. Councilman Allen would like the 5-year Street Maintenance Plan and the Mayor would like a discussion on a time capsule. 3 I. 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 February and March 2020. 10. Ordinance A. Discussion/Action on approval of an ordinance of the City of Cibolo amending Chapter 14 of the City's Code of Ordinances by adopting the 2015 edition of the International Building Code; the 2017 edition of the National Electrical Code; the 2015 edition of the Uniform Plumbing Code; the 2015 edition of the International Residential Code; the 2015 edition of the International Energy Conservation Code; the 2015 edition of the International Property Maintenance Code;the 2015 edition of the International Existing Building Code; the 2015 edition of the International Fire Code; the 2015 edition of the Uniform Mechanical Code; amending Board of Appeals; incorporation of recitals;making local amendments to such codes;providing for the issuance of permits and collection of fees. Councilman Gibbs made the motion to approve the ordinance of the City of Cibolo amending Chapter 14 of the City's Code of Ordinances by adopting the 2015 edition of the International Building Code; the 2017 edition of the National Electrical Code; the 2015 edition of the Uniform Plumbing Code; the 2015 edition of the International Residential Code; the 2015 edition of the International Energy Conservation Code;the 2015 edition of the International Property Maintenance Code; the 2015 edition of the International Existing Building Code; the 2015 edition of the International Fire Code; the 2015 edition of the Uniform Mechanical Code; amending Board of Appeals; incorporation of recitals; making local amendments to such codes; providing for the issuance of permits and collection of fees. 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 and Section 551.087 Regarding Economic Development to Discuss: A. Legal advice on a lawsuit filed by Cibolo Turnpike,L.P. (Cause NO. 20-0062-CV-A) B. Legal guidance on legal parameters of EDC and City Council oversight of EDC. C. Discuss and develop responsibility and accountability measures and council's role in enforcing rules, regulations and status(government processes,boards, corporations and commissions,procedures for tax dollar oversight and investigations). D. Discussion regarding legal guidance on scope of procurement review by independent auditors. Council convened into executive session at 9:1 Opm 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 10:15pm. Councilman Allen made the motion on item 11D. to direct the City Attorney to negotiate with the outside auditors for a procurement audit not to exceed $45,000 and to direct the City Manager to bring back three options to fund this expense. Motion seconded by Councilman Woliver. For: All;Against:None. Motion carried 7 to 0. 4 13. Adjournment Councilman Gibbs made the motion to adjourn the meeting at 10:20pm. Motion was seconded by Councilman Hicks. For: All;Against:None. Motion carried 7 to 0. PASSED AND APPROVED THIS 25TH DAY OF FEBRUARY 2020. Stosh B Mayor ATTEST: Peggy Cimics,TRMC City Secretary 5