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Min CC 04/28/2020 OF � 9 \J ,,-,,,, O a� o Texas "City of Choice CITY COUNCIL MEETING CIBOLO MUNICIPAL BUILDING 200 S. Main April 28, 2020 6:30 p.m. Minutes 1. Call to Order—Meeting was called to order by Mayor Boyle at 6:33 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, IT Director Mr. McDaniel Police Chief Hugghins, Fire Chief Troncoso, ED Director Mr. Luft, Planning& Engineering Director Mr. Klein and Public Works Director Mr.Fousse. 3. Invocation-Councilman Quinn gave the invocation. 4. Pledge of Allegiance—All in attendance recited the Pledge of Allegiance. 5. Public Hearin A. The City of Cibolo City Council will hold a public hearing to hear public testimony regarding the rezoning of.23 acres located at 201 Bee Alley from the current zoning of High Density Residential (SF-6) with Old Town Overlay to Community Retail/Service(C-2)with Old Town Overlay. Mr. Klein briefed this item to City Council. Mayor Boyle open the public hearing at 6:37 p.m. No individuals wish to speak on this item and Mayor Boyle closed the public hearing at 6:37 p.m. B. The City of Cibolo City Council will hold a public hearing to hear public testimony regarding an update to the Future Land Use Map of approximately 10 acres generally located at 245 Borgfeld Road from the current Transitional/Neighborhood Residential designation to Neighborhood Commercial ****THIS ITEM WAS PULLED BY APPLICANT* C. The City of Cibolo City Council will hold a public hearing to hear public testimony regarding a rezoning of 5 acres generally located at 245 Borgfeld Road from the current zoning of Multi-Family (MF-1) to Community Retail/Service(C-2). ****THIS ITEM WAS PULLED BY APPLICANT**** 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. DUE TO THE GOVERNORS DELARATION WE CANNOT HAVE MORE THAN 10 PEOPLE IN THE COUNCIL CHAMBERS DURING THIS MEETING. This meeting is livestreamed. If anyone would like to make comments on any matter regarding the City of Cibolo or on an agenda item and have this item read at this meeting please email ucimics(a,cibolotx.gov or text 210-514-3495 before 6:30pm the date of the meeting. The City Secretary read an email from Randall Hawkins requesting an agenda item concerning the condition and current use of the Ron Pedde Community Garden area. Council Woliver read an email from Linda Tudyk thanking Rudy Alvarado for his very pleasant and informative information both to her and her neighbor on water meters. Councilman Woliver also read an email from Amy Thomas in regard to Governor Abbott's Executive Order GA-18. She hoped that City Council and City has plans to enforce these guidelines expressed by the Governor with all business owners in Cibolo, along with other measures to continue to keep our community safe and minimize the continued spread of Corvid-19. Councilman Gibbs read an email from Cindy Spencer. Ms. Spencer did not agree with providing a parking space or office to the Mayor as being discussed at this meeting tonight. She also stated that she hoped that Council will ensure that only businesses allowed to open were those approved by Governor Abbott and at only 25% occupancy. Ms. Spencer also wanted to know what was being done to make sure people in need in Cibolo are getting assistance. 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 April 14,2020. Councilman Woliver made the motion to approve the consent agenda. Motion was seconded by Councilwoman Schultes. For: All;Against:None. Motion carried 7 to 0. 8. Staff Update A. Administration—City update on the COVID-19. Chief Hugghins gave an update on COVID-19. He stated that Guadalupe Co. will be scaling back on their press releases to 2 or 3 per week. Starting May 18,2020,they will send releases only once a week. 9. Discussion/Action A. Presentation/Discussion/Acceptance of the audited Comprehensive Annual Financial Report for fiscal year ending September 30, 2019. This item was on the last agenda. Ms. Miranda ask if any council member had any questions on the audit. No question and Councilman Woliver made the motion to accept the audit as presented. Motion was seconded by Councilman Quinn. For:All;Against:None. Motion carried 7 to 0. B. Discussion and direction to staff on the current status of FM 1103 maintenance. Councilman Gibbs stated that this road was unsafe and dangerous. The road needs to be re-surface as it will take some time before the roadwork starts. Councilman Gibbs states that he has no faith in the project starting on time and every time it rains the potholes get worse. Mr. Herrera stated that they talked with a TxDOT official last week and they did tell the city if they have a safety problem with potholes to call and they would send a crew out. He did not think TxDOT would consider a re-surfacing at this time. Mayor Boyle wanted to know why TxDOT seems to be pushing the project in Schertz on FM 1518 when FM 1103 in Cibolo was on the books first. Mr. Herrera stated he would contact TxDOT and see if someone from their office could come to a future council meeting and give an update. C. Presentation/Discussion on the current estimate of the shortfall from sales tax and potentially property tax for those that may be delinquent due to job loss. Ms. Miranda gave a revenue projection update to council to include where we presently are now, what we can expect and estimated shortfall. The City will have better number at the June 15 Workshop. 2 D. Discussion and direction to staff on determining a day/time for Council to review the list of capital road projects that staff presented to Council at the January City Council Workshop. Councilman Allen would like to discuss this item more at the June 15 Workshop. He would like to see the council rank the projects. Councilman Quinn would like to have council look at the list of projects given to council at the Workshop back in January and not the CIP list. Councilman Woliver stated that the CIP committee worked hard on this list and maybe they should re-look at the list before council takes a shot at it. This item will be on the June 15 Workshop for further discussion. E. Discussion/Action on creating an office and parking space for the Mayor at City Hall when the Old School building is complete,and some employees move to the new location. This item was discussed by council. The Old School House Project should be completed sometime early January with staff moving in during March 2021. Mayor Boyle also stated he would like two parking spaces reserved for those veterans that have been awarded the Purple Heart. Councilman Allen made the motion to approve a parking space for the Mayor and two space for Purple Heart recipients and an office space at City Hall once the Old School House is completed and staff have moved into the new facility. Motion was seconded by Councilman Quinn. For: Council Members: Schultes, Quinn, Bone, Allen, Woliver and Hicks; Against: Councilman Gibbs. Motion carried 6 to 1. F. Discussion/Action on the revised Mayor Declaration signed on April 14,2020. Councilman Quinn made the motion to approve the revised Cibolo Declaration of Local State of Disaster by adopting the provisions of Executive Orders GA-18 and GA-19 issued by Governor Greg Abbott on April 27, 2020.To approve opening City Hall on May 4 at 8am and continuing the waiver of the Utility 3%credit card fee and not to cutoff any Cibolo residents water and wavering the late fee until the end of May 2020. Motion was seconded by Councilman Hicks. For: All; Against:None. Motion carried 7 to 0. G. Presentation/Discussion on the Cibolo Police Department Annual Racial Profiling Report. Chief Hugghins gave his Annual Racial Profiling Report including the total of citations and warnings given during 2019. Demographics,reason for stop,where stop was made,was search conducted and reason for search were all included in the presentation. H. Discussion from Councihnembers that have attended seminars or meetings for the City of Cibolo. Councilman Hicks stated that he had attended a couple MPO meeting using zoom. I. Discussion on items council would like to see on future agendas. Mayor Boyle request the bucket truck for public works be placed back on the agenda and also he would like a gant chart on FM 1103, Cibolo Valley Drive and the Old School House. Councilman Quinn request the EDC contract. Councilman Gibbs would like an update on AW Texas construction with emphasis on infrastructure. Councilman Hicks request the City Managers review be placed on the May 26, 2020 agenda. Mayor Boyle also ask to have the item brought up by Randall Hawkins(Ron Pedde Community Garden)be placed on the agenda. 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 April and May 2020. 10. Ordinance A. Discussion/Action and approval of an ordinance amending Chapter 7, Article V, Section 74-187 of the Cibolo Code of Ordinances by modifying the No Parking Ordinance by adding no street parking from Pfiel Rd to FM 1103. Councilman Gibbs approved the ordinance amending Chapter 7,Article V, Section 74-187 of the Cibolo Code of Ordinances by modifying the No Parking Ordinance by adding no street parking from Pfiel Rd to FM 1103. Motion was seconded by Councilman Woliver. For: All;Against:None. Motion carried 7 to 0. 3 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. Legal advice on a recent decision by the District Court concerning a Texas Pollution Discharge Elimination System(TPDES)permit to Green Valley SUD(GVSUD). B. Legal consultation regarding lawsuit styled, Spencer et al v. City of Cibolo et al.,(Case No. 5:20-cv-350). Council convened into Executive Session at 8:58 p.m. 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 9:34 p.m. 13. Adjournment Councilman Hicks made the motion to adjourn the meeting at 9:35 p.m. Motion was seconded by Councilman Woliver. For:All;Against:None. Motion carried 7 to 0. PASSED AND APPROVED THIS 12TH DAY OF MAY 2020. Stosh Boy Mayor ATTEST �� Peggy Cimics,TRMC City Secretary 4