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Min CC 03/23/2021 or c/8 O Q r O s � a Texas "City of Choice" CITY COUNCIL MEETING CIBOLO MUNICIPAL BUILDING 200 S. Main March 23, 2021 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. Lindner, and Mr. Garza, City Secretary Ms. Cimics, Police Chief Hugghins, Fire Chief Troncoso, Mr. Klein, Mr. McDaniel, Mr. Fousse and Ms. Lee. 3. Invocation—Invocation was given by Councilman Allen. 4. Pledge of Allegiance—All in attendance recited the Pledge of Allegiance. 5. Presentation A. Presentation of Letter of Commendation to Officer Lee Hinze. Officer Hinze was presented a Letter of Commendation from Chief Hugghins for saving the life of an individual at the local HEB. B. Presentation of the award of Best of Inclusivity Program (the Trunk-or-Treat Sensory Hour) from the Texas Festival and Event Association. Mary Spence from the City of Schertz presented the city with a certificate for the Best of Inclusivity Program from the Texas Festival and Event Association. 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 SOCIAL DISTANCING, WE CANNOT HAVE MORE THAN 40 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 pcimics(a,cibolotx.gov or text 210-514-3495 before 6:OOpm the date of the meeting. Maggie Titterington from the Chamber gave an update on events happening at the Chamber during the month of April. 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 March 2, 2021. B. Approval of the January 2021 Revenue and Expense Report pending final acceptance of the City's Financial audit for the 2020/2021 Fiscal Year. C. Approval of the January 2021 Check Register pending final acceptance of the City's financial audit for the 2020/2021 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. 8. Staff Update A. Public Works (Month of February) B. IT Department (Month of February) C. Court (Month of February) D. Police Department (Month of February) E. Fire Department (Month of February) F. Planning Department (Month of February) G. Administration—Update on COVID-19 As presented in the Council Packet. 9. 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 the following: A. Discussion on recruitment efforts concerning the City Manager position. Council convened into Executive Session at 7:42 p.m. 10. Open Session Reconvene into Regular Session and take/or give direction or action, if necessary, on items discussed in Executive Session. 2 Council reconvened into regular session at 8:40 p.m. No action taken. 11. Discussion/Action A. Briefing/Discussion from GVEC concerning the winter storm URI and their efforts to provide information and electrical power to their Cibolo customers. Mr. Shower from GVEC gave an update to the City Council concerning issues that happen during the winter storm URI. Mr. Shower was able to explain what happen at GVEC that effective some of the Cibolo customers and how to plan on fixing the situation so it does not happen again. Council had the opportunity to ask questions on the power outages. B. Briefing/Discussion from Green Valley SUD concerning the winter storm URI and their efforts to provide information and potable water to their Cibolo customers. Mr. Poage, Board Vice President of the Green Valley SUD presented information to council on the winter storm of February 2021. Mr. Poage described some of the operational issues that effected the Utility District. Also discussed was the number of customers and the many sources of water GVSUD deals with. Mr. Poage stated the GVSUD operational impact was substantial, the immediate financial impact appears to be minimal and the longer-term financial impact is yet to be determined. GVSUD customer will be billed for the lessor of their January or February bill. Council was able to ask questions and what could be done in the future to help the customers get good information. C. Discussion/Action and authorization for the City Manager to execute Amendment No. 2 to Economic Incentive Agreement between the City of Cibolo and Santikos Cibolo Theater Realty, LLC. Councilman Hicks made the motion to approve authorizing the City Manager to execute Amendment No.2 to Economic Incentive Agreement between the City of Cibolo and Santikos Cibolo Theater Realty, LLC. Motion was seconded by Councilwoman Schultes. For: All; Against: None. Motion carried 7 to 0. D. Discussion/Action and authorization for the City Manager to enter into a contract with D&D Contractors in the amount of One Million, Fourteen Thousand, Seven Hundred Eighty-Seven Dollars and Twenty-Seven Cents ($1,014,787.27) and to authorize a construction contingency fund in the amount of Fifty Thousand Dollars ($50,000). Councilman Woliver made the motion to authorize City Manager to enter into a contract with D&D Contractors in the amount of One Million, Fourteen Thousand, Seven Hundred Eighty-Seven Dollars and Twenty-Seven Cents ($1,014,787.27) and to authorize a construction contingency fund in the amount of Fifty Thousand Dollars ($50,000). Motion was seconded by Councilman Gibbs. For: Councilman Woliver, Councilman Gibbs, Councilman Bone, Councilwoman Schultes and Councilman Allen; Against: Councilman Quinn and Councilman Hicks. Motion carried 5 to 2. E. Discussion/Action on modifying Council direction given on June 9, 2020 to allow food trucks on city property for Cibolo sponsor events. Councilman Allen made the motion to approve modifying Council direction given on June 9, 2020 to allow food trucks on city property for Cibolo sponsor events. Motion was seconded by Councilman Hicks. For: All; Against: None. Motion carried 7 to 0. Councilman Quinn requested this item be brought at the next meeting to discuss food truck allowed on City property at times other than events. 3 F. Briefing/Discussion on the restoration of the Council Chambers and the new ac/heating unit in city hall. Council was given an update on the work being done with the Council Chambers after the February winter storm. Council was also briefed on the ac/heating in city hall. G. Update on the bond for Public Works Building. Council was informed that RVK should have design drawings out in the next two to three weeks. H. Presentation/Discussion from Chief Hugghins on the Racial Profiling Report. Chief Hugghins presented his racial profiling statistical analysis for 2020. Included in the report was total number of traffic stops, reason for stop, was a search conducted, reason for search, was contraband discovered—description of contraband etc. All categories were broken down into at least five different races and male and female. Council was given an opportunity to ask questions of the report. I. Presentation/Discussion from City Attorney Mr. Garza on bills that have been filed that will affect cities. City Attorney Mr. Garza presented a report on some of the 2021 legislative bills that could have an impact on cities. There were 1,326 City — Related Bills filed by the deadline. Public Safety had the most bills filed with 302, followed by Finance and Administration with 224, Elections with 152, Property Tax with 148, Utilities and Environment with 124, Personnel -86, Emergency Management — 77, Comm. & Econ. Dev — 41, Open Gov. — 40, Sales Tax — 38, Transportation— 33, Purchasing — 31 and Municipal Court 30. There may be a Special Session to talk about re-districting. J. Discussion from Councilmembers that have attended seminars, events, or meetings for the City of Cibolo. Councilman Hicks stated that he attended a AAMPO Meetings and the Mayor's meeting that occurs every Tuesday morning. Councilman Gibbs attended CRWA Meetings. Councilman Woliver stated that a few Councilmembers and several staff members attended a meeting with representatives from Congressman Gonzalez's office. K. Discussion on items council would like to see on future agendas. Councilman Quinn requested an executive session having to do with businesses. 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 March and April 2021. 12. Resolutions A. Approval/Disapproval of a resolution supporting the filing by the Texas Department of Transportation of an application with the Alamo Area Metropolitan Planning Organization Transportation Improvement Program funded through the Surface Transportation Program — Metro Mobility for improvements to FM 1103 Phase 1, from Rodeo Way to Cibolo Valley Drive, and that if an award is received the City of Cibolo is committed to providing funding. Councilman Hicks made the motion to approve the resolution supporting the filing by the Texas Department of Transportation of an application with the Alamo Area Metropolitan Planning Organization Transportation Improvement Program funded through the Surface Transportation Program — Metro Mobility for improvements to FM 1103 Phase 1, from Rodeo Way to Cibolo Valley Drive, and that if an award is received the City of Cibolo is committed to providing funding. Motion was seconded by Councilman All. For: All; Against: None. Motion carried 7 to 0. 4 B. Approval/Disapproval of a resolution supporting the filing by the Texas Department of Transportation of an application with the Alamo Area Metropolitan Planning Organization Transportation Improvement Program funded through the Surface Transportation Program — Metro Mobility for improvements to FM 1103 Phase Il, from FM 78 to Cibolo Valley Drive, and that if an award is received the City of Cibolo is committed to providing funding. Councilman Hicks made the motion to approve the resolution supporting the filing by the Texas Department of Transportation of an application with the Alamo Area Metropolitan Planning Organization Transportation Improvement Program funded through the Surface Transportation Program—Metro Mobility for improvements to FM 1103 Phase II, from FM 78 to Cibolo Valley Drive, and that if an award is received the City of Cibolo is committed to providing funding. Motion was seconded by Councilman Allen. For: All; Against: None. Motion carried 7 to 0. C. Approval/Disapproval of a resolution supporting the filing by the City of Cibolo of an application with the Alamo Area Metropolitan Planning Organization Alternative Transportation Program for the Town Creek Parkway Hike & Bike Trail System Phase 1, and that if an award is received the City of Cibolo is committed to providing funding. Councilwoman Schultes made the motion to approve a resolution supporting the filing by the City of Cibolo of an application with the Alamo Area Metropolitan Planning Organization Alternative Transportation Program for the Town Creek Parkway Hike & Bike Trail System Phase I at 30%, and that if an award is received the City of Cibolo is committed to providing funding. Motion was seconded by Councilman Woliver. For: All; Against: None. Motion carried 7 to 0. D. Approval/Disapproval of a resolution forming a Cibolo Youth Council. Councilman Quinn made the motion to approve a resolution with 10 members and 3 alternates for forming a Cibolo Youth Council. Motion was seconded by Councilman Gibbs. For: All; Against: None. Motion carried 7 to 0. E. Approval/Disapproval of a resolution suspending for 45 days the effective date proposed by CenterPoint Energy Resources., South Texas Division ("CenterPoint") for a rate increase pursuant to section 104.301 of the Gas Utility Regulatory Act and as allowed by state law. Councilman Gibbs made the motion to approve a resolution suspending for 45 days the effective date proposed by CenterPoint Energy Resources., South Texas Division ("CenterPoint") for a rate increase pursuant to section 104.301 of the Gas Utility Regulatory Act and as allowed by state law. Motion was seconded by Councilman Hicks. For: All; Against: None. Motion carried 7 to 0. 13. Executive Session The City Council will meet in Executive Session as authorized by the Texas Gov't Code Section 551.072, Regarding Real Property, and 551.071, Consultation with Attorney to discuss the following: A. Update on the efforts to acquire real properties B. Update on pending lawsuits. Council convened into Executive Session at 10:59 p.m. 5 14. 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 11:28 p.m. Not action taken. 15. Adjournment Councilman Woliver made the motion to adjourn the meeting at 11:29 p.m. Motion was seconded by Councilwoman Schultes. For: All; Against: None. Motion carried 7 to 0. PASSED AND APPROVED THIS 13TH DAY OF APRIL 2021. ZJA Stosh Boyl Mayor ATTEST Peggy Cimics, TRMC City Secretary 6