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Min CC 06/23/2020 �y Of CSA 0 �r o >f X A S "City of Choice' CITY COUNCIL MEETING CIBOLO MUNICIPAL BUILDING 200 S. Main June 23,2020 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 — 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. Lindner, City Secretary Ms. Cimics, Finance Director Ms. Miranda,Economic Development Director Mr. Luft, Fire Chief Hugghins,Planning&Zoning Director Mr.Klein,IT Director Mr. McDaniel and Public Works Director Mr.Fousse. 3. Invocation-Invocation was given by Councilman Hicks. 4. Pledge of Alle ig ance—All in attendance recited the Pledge of Allegiance. 5. 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 DECLARATION WE CAN ONLY HAVE 50% OF THE OCCUPANCY WHILE STILL KEEPING THE SIX-FOOT DISTANCING REQUIRMENT 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 emailycimicsna.cibolotx.eov or text 210-514-3495 before 6:00pm the date of the meeting. The following citizens: Mr. Villela spoke on being removed from the Historic Committee for failing to attend the mandatory Ethics Training. He stated he understood why but thought there was a better way to be more flexible to citizen volunteers that want to help the city on the committees, commissions and boards. Mr. Delgado also spoke on being removed from the committee he was on for failing to attend Ethics Training. He stated he thought it was uncalled for and council should find a better way of handling these issues. Ms. Latimer spoke on the Economic Development Corporation budget where they are asking for money to do an IH-10 Study. The EDC already has a FM-78 study that has been completed. Mr. Hetzel wanted to thank Mr. Luft on his retirement. He stated that Mark has done a lot to bring in businesses and commercial development to Cibolo. Ms. Cunningham thanked council and all members of staff that helped with the Solidarity Walk. She also spoke on the food trucks and how the perception was with Smash and Crab not being able to setup at City Hall. Some citizens thought that council was playing favoritism to certain individuals or businesses. Ms. Cunningham also spoke on the Barbecue Cookoff—will they be allowed to setup with food trucks? Ms. Titterington from the Chamber also spoke about Mr. Luft and his retirement. She stated that he has always helped the Chamber and the businesses. Ms. Titterington presented Mark with a token of the Chambers appreciation. The City Secretary read an email from Ms. Spencer who was concerned with the agenda item at the last meeting concerning food trucks. She wanted to know why it became an issue and what downtown business complained. She said it was quite clear that the focus was on Smashin Crab and the city did not reach out to them prior to the meeting. Ms. Spencer also spoke on the insurance requirement and felt there was inconsistent the way a majority of Council carries out decisions based on friendships or behind closed door discussions. The City Secretary also read an email sent in by Ms. Budnik who stated that a demolition/salvage company had moved from Main Street/Cibolo Valley Dr. to Gulf Street behind her house. At this location they have a salvage operation with excavator cranes and other heavy equipment. They begin prior to lam with extremely loud bangs that shake the entire house. Ms. Budnik also states that a Hazmat operation that utilizes large containers are moved around and dropped directly behind her backyard fence. She states that the area the Hazmat and salvage operations are located are identified on the zoning map as being in a "light industrial" zone. Neither fall into this category. She would like the city to address these issues and not ignore or swept them under the rug. 6. Proclamation A. Proclamation to graduating seniors that have joined the Army,Marine Corp.,Air Force and Navy. Councilman Hicks read the proclamation and certificates and a Cibolo Military Coin was presented to all seniors that were joining the Army and Marine Corp. Those individuals that joined the Army were: Tyler Zamora, Kaylee Nguyen, Ana Fruto and Ciori Garcia; Those joining the Marines were: Isaac Nunez, Noel Carrasco, Gabriella Potts, Gabriel Fishback, Isaac Reyman and Byron Allen B. Proclamation for Posttraumatic Stress Disorder(PTSD). Proclamation was read by Councilman Allen and presented to Sammy Villela. Mr. Villela thanked the Council and explained a little about what PTSD is for those in the audience that may not know about this disorder and how many people are affected by it. 7. Public Hearing A. The City of Cibolo City Council will hold a Public Hearing to hear testimony regarding the rezoning of one(1) acre located .5 miles east of the intersection of Lower Seguin Road and Haeckerville Road from the current zoning of Agricultural(AG)to Manufactured Home Residential(NMI). Ms. Gonzalez from the Planning&Engineering Department briefed this item to the Council. Mayor Boyle opened the Public Hearing at 7:16 p.m. Mr. Robert Roberson spoke in favor of the item. Mayor Boyle closed the Public Hearing at 7:18 p.m. B. The City of Cibolo City Council will hold a Public Hearing to hear testimony regarding a rezoning request for approximately nine(9)acres located at 1876 FM 1103 from the current zoning of Neighborhood Commercial (C 1)to Multi-Family Residential(MF-1)and a Conditional Use Permit(CUP)to allow Restaurant,Fast Food use for the remaining two(2)acres fronting FM 1103. Ms. Gonzalez stated that the item had been pulled by the applicant. Mayor Boyle did open the Public Hearing at 7:19 p.m. No one spoke and the Public Hearing was closed at 7:19 p.m. 8. 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 June 9,2020. B. Approval of the minutes of the Workshop hold on June 15,2020. C. Approval of the April 2020 Check Register pending final acceptance of the City's financial audit for the 2019/2020 fiscal year. 2 D. Approval of the April 2020 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 Quinn. For: All;Against:None. Motion carried 7 to 0. 9. Staff Update A. Police Department—Incident Reports for May 2020. B. Court Department—June Report C. Administration — Update on COVID-19. — Chief Hugghins gave an update on COVID-19. He also stated that DHS has changed the way they report cases. The total now will include total of confirmed, probable, and pending cases in Guadalupe County. 10. Discussion/Action A. Discussion and receive a briefing from Jonathan Bean TxDOT official concerning F.M. 1103 and I.H. 35, and the road condition of F.M. 1103. Jonathan Bean and Will Lockett from TxDOT went over several projects to include 1-35 Northeast Expansion, I- 35 Operational Improvements, I-10 East and FM 1103 Expansion. B. Discussion and receive a presentation from the Parks&Recreation Committee on a Senior Program Proposal. Ms. Herr and Mr. Zawicki from the Parks and Recreation Committee gave a report to council on a proposal for a possible Senior Program in Cibolo. The presentation contained demographic information from 2010 to 2023, target marketing groups, areas of concern, possible partnering with another group and creating a 5010 non- profit. They gave a plan for a phase in over five years with projected expenses involved. Council thanked the Parks Committee for a detail plan and stated they would discuss during the budget workshops to see how or if they could possible fund any or some portion of the proposal. C. Discussion/Action regarding the Preliminary Acceptance of Public Infrastructure for Red River Ranch Unit 3. Councilman Woliver made the motion to approve the Preliminary Acceptance of Public Infrastructure for Red River Ranch Unit 3 with the following improvements: Water: 8" Pipe: 2,540 Linear Feet total valuation $208,785.00; Sanitary Sewer: 12" main (270 LF), 8" main (2,345 LF) total valuation $241,348.00; Drainage: $271,863.00; Public Street: $507,733.98 — Total valuation of accepted Public Improvements dedicated to the City of Cibolo: $1,229,729.98. Motion was seconded by Councilman Gibbs. For: All; Against: None. Motion carried 7 to 0. D. Discussion/Action and authorization for the City Manager to execute Economic Incentive Agreement Amendment No. 1 between the City of Cibolo,Texas and Santikos Cibolo Theater Realty,LLC. Councilman Hicks made the motion to authorization for the City Manager to execute Economic Incentive Agreement Amendment No. 1 between the City of Cibolo, Texas and Santikos Cibolo Theater Realty, LLC. Motion was seconded by Councilwoman Schultes. For: All;Against:None. Motion carried 7 to 0. E. Discussion/Action on Council Policies No. 2020-001 and No. 2020-002. Councilman Quinn made the motion to approve Council Policies No. 2020-001 and No. 2020-002. Motion was seconded by Councilman Hicks. For: All;Against:None. Motion carried 7 to 0. F. Discussion and update on Haeckerville Road North and drainage from the bond issued in 2008. Motion by Councilman Hicks to postpone till the next council meeting. Motion was seconded by Councilman Gibbs. For: All;Against:None. Motion carried 7 to 0. 3 G. Discussion/Action and authorization for the City Manager to execute a contract with D&D Contractors, for the construction of Bolton Road& Santa Clara Road Street&Drainage Improvements for the AW Texas New Plant Project. Councilman Hicks made the motion to authorization for the City Manager to execute a contract with D&D Contractors, for the construction of Bolton Road & Santa Clara Road Street & Drainage Improvements for the AW Texas New Plant Project. Motion was seconded by Councilman Quinn. For: All; Against: None. Motion carried 7 to 0. H. Discussion and appropriate action regarding recommendation from the Economic Development Corporation to consider any change in the structure of the organization. Council had a long discussion on this item. Council seem divided over if structure of the Economic Development Corporation needed to change. Many ideals were brought up among the council, but no decision was made at this time. Council will revisit this item after Mr. Thies has the ability to speak with his members. This item will be placed back on the agenda in late July early August. I. Discussion and input from the EDC on the job description for the Economic Development Director position. Councilman Woliver made the motion to postponed this item till the first meeting in July as the Job Description was not available in the council packet for review prior to the meeting. Motion was seconded by Councilman Quinn. For: All;Against:None. Motion carried 7 to 0.; J. Discussion from Councilmembers that have attended seminars,events or meetings for the City of Cibolo. Councilman Hicks stated that he had an MPO zoom meeting. He also stated that Jonathan Bean from TxDOT was promoted. Councilman Allen thanked everyone for the Solidarity Walk that was conducted on June 191H K. Discussion on items council would like to see on future agendas. Mayor Boyle would like a discussion on the Ethics Training required for all committees, commissions, boards and corporations. L. 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 June and July 2020. No changes noted. 11. Ordinances A. Approval/Disapproval of an ordinance providing for the third amendment of the budget for the Fiscal Year 2019- 2020. Councilman Hicks made the motion to approve the ordinance providing for the third amendment of the budget for the Fiscal Year 2019-2020. Motion was seconded by Councilman Quinn. For: All; Against: None. Motion carried 7 to 0. 12. Executive Session The City Council will meet in Executive Session as authorized by the Texas Gov't Code Section 551.074, Personnel Matters to Discuss: A. Objectives for the City Manager for FY 2020/2021. THIS ITEM WAS POSTPONED TILL THE FIRST MEETING IN JUNE. 13. Open Session Reconvene into Regular Session and take/or give direction or action, if necessary,on items discussed in Executive Session. 4 14. Adjournment—Councilman Woliver made the motion to adjourn the meeting at 10:00 p.m. Motion was seconded by Councilman Hicks. For: All;Against:None. Motion carried 7 to 0. PASSED AND APPROVED THIS 14TH DAY OF JULY 2020. tosh B Mayor ATTEST: Peggy Cimics,TRMC City Secretary 5