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Min CC 09/14/2021 A OF C'� l ��xAs "gq•of chatce" CIBOLO CITY.COUNCIL CIBOLO MUNICIPAL BUILDING 200 S. Main Cibolo, Texas 78108 September,14, 2021 6:30 p.m. MINUTES 1. Call to Order—Mayor Boyle called the meeting to order at 6:30 p.m. 2. Ceremonial A. Proclamation for Remembrance of September 11, 2001. B.' Ceremony for those Service Member'killed in Afghanistan-'6n August 26, 2021. Proclamation was read by Mayor Boyle for Remembrance of September 11, 2011. The mayor read a small introduction of those service members that were killed in Afghanistan on August 26, 2021. ` Thirteen-roses and thirteen small U.S. flags were placed in a.vase by eleven former military members to. honor those service members killed on August 26, 2021. Both the Fire and Police.Chief present arose also, in remembrance of all those fire and police killed during 9-11. Amazing Grace and Taps were played at the end of the ceremony. 3. Roll Call and Excused Absences—Members Present: Mayor Boyle, Councilman Quinn, Councilman Bone, Councilman Gibbs, Councilman Allen, Councilman Woliver, and Councilman Hicks. Staff Present: City Manager Mr. Reed, City Attorney Mr: Garza, City Secretary Ms. Cimics, Police Chief Hugghins, Fire Chief Troncoso, Finance Director Mr. Reyes, Planning & Engineering Director Mr. Klein, and Public Works Director Mr. Fousse. 4. Invocation—Invocation was given by.Councilman Quinn. 5: Pledge of Allegiance—All in attendance recited the Pledge of Allegiance. 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. This meeting is livestreamed. If anyone would like to make comments on any matter regarding the City of Cibolo or on an agendaitem and have this item read at this meeting, please, email pcimics(a,cibolotx.gov or telephone 210-514-3495 before 5:00 pm the date of the meeting. The following individuals spoke at Citizens to be Heard: Maggie Titterington from the Chamber gave an update on upcoming. events. Bob Robinson stated that the ceremony for the military members was beautiful. He also talk about the excessive-traffic on Haeckerville, Bolton and Stolte Road. Jamie Mathis stated that the Downtown Association would like to be part of sub-committee to work on beautification and review of the noise ordinance in the downtown area. Mr. Mathis also stated that they had done a fundraiser and presented the Fire Chief and Police Chief each a donation of$500.00. 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 August 24, 2021. Councilman Hicks made the motion to approve the consent agenda. Motion was seconded by Councilman Quinn. For: All; Against: None. Motion carried 6 to 0. 8. Discussion/Action A. Discussion/Action on filling the district 1 seat until the November 2021 elections and possible Oath of Office. Councilman Woliver made the motion to appoint Mr. Benson to fill the district l seat until the November election. Motion was seconded by Councilman Hicks. For: All; Against: None. Motion carried 6 to'0. The City Secretary gave the Oath of Office to Mr. Benson. Councilman Benson took his place at the dais. . B. Presentation from Santikos and thanking the Cibolo Police Department. . Mr. Andrew Brooks showed a video of the Cibolo Police Department at an event.that was hosted by Santikos. He wanted to thank the Police and Public Works for their help in the Food Drive that was hosted by Santikos. C. Presentation/Discussion and direction to staff regarding the Proposed FY22 Budget and 5 Year Capital Improvement Plan (CIP). Mr. Reed and Mr. Reyes went over the proposed FY 2021/FY 2022 budget with council. Direction was given to 'staff that no money would-be spent in the special events budget unless it was approved by the City Council. D. Discussion/Action to set the date for the public hearing on the proposed 2021 (FY2022) property tax rate. Councilman' Quinn made the motion to set the date of the public hearing on the proposed 2021 (FY2022):property tax rate for September 20, 2021 at 6:30 p.m. in the City Council Chamber, 200 S. Main St., Cibolo, Texas. Motion was seconded Councilman Gibbs. For: All; Against: None. Motion carried 7 to 0. \ 2 E. Discussion/Action and -authorization for the City Manager to sign an Interlocal Agreement for Fire Protection Services in'Guadalupe County between the City of Cibolo and the City of Seguin. Councilman Hicks made the motion to authorize the City Manager to:sign an Interlocal Agreement for Fire Protection Services in Guadalupe County between the City of Cibolo and the City of Seguin. Motion was seconded by Councilman Quinn. For: All; Against:None. Motion carried 7 to 0. F. Discussion/Action and authorization for the City Manager to enter into a contract with M&C Fonseca Construction Company, Granite Shoals, Texas, for the Water Main Extension — Haeckerville Road South of Schaefer Road in the amount of Two Hundred Ninety-One Thousand, ,One Hundred Five Dollars and Seventy-Five Cents ($291,105.75) and to authorize a construction contingency reserve in the amount of Thirty Thousand Dollars ($30,000). Councilman Woliver made the motion to authorize the City Manager to enter,into a contract with M&C Fonseca Construction Company, Granite Shoals, Texas, for the Water Main Extension — Haeckerville Road South of Schaefer Road in the amount of Two Hundred Ninety-One Thousand, One Hundred . Five Dollars and Seventy-Five Cents($291,105.75) and to authorize a construction contingency reserve in the amount of Thirty Thousand Dollars ($30,000). City Manager will also bring back.a policy that will be used for contingency reserve funds. Motion was seconded by Councilman Quinn. Mayor took a roll call vote. Councilman Benson — Yes, Councilman Quinn Yes, Councilman Bone — Yes,. Councilman -Gibbs — Yes, Councilman Allen — Yes, Councilman Woliver — Yes, and Councilman Hicks—Yes. Motion carried 7 to 0. G. Discussion on nominating a candidate for their name to be placed on the Guadalupe Appraisal District ballot and directing staff to bring a resolution to council at,the next meeting so it can be submitted to the chief appraiser by October 15, 2021. This item was briefed by the City Secretary. She stated that council needs to give staff a name so we could bring a resolution back to council at the next meet. Council gave no direction. H. Discussion on FY 21 Street& Road Maintenance Project and FY 21 Road Bond Projects. Mr. Klein gave a presentation on the FY 21 Street & Road Maintenance.Project-Cibolo Valley Drive _ from Wiederstein.Rd to Everyday Way. Mr. Klein did state that their was more damage to the road then-what.-the city had expected. Council did look at possible looking at the other road projects and taking some of that money and put into Cibolo Valley Drive. No decision was made on that other than looking at,the cost for good, better, and best. Council wants Cibolo Valley Drive done right so we don't have to.go.back in a couple years and fix it again. Mr. Klein also briefed the other nine selected Street and Roads that are listed on the FY 21 Street&Road Maintenance Project. I. Discussion on City Council contacting the City Attorney Office. Councilman Gibbs brought this up as in the past council would go through the City Manager so if we had more than one person contacting the attorney on the same item, we would have more cost control. Some council members stated they would go directly to the attorney as the attorney works for council. The item was discussed no action taken. 3 r J. Discussion on the remediation of City Hall and funds used.to cover the remediation. Councilman Hicks stated that the HVAC system in City Hall has been a problem for a long time. No one can control their temperature and the city just keeps putting a band-aid on the problem. Councilman Hicks stated that he was told it would cost over $200,000 to upgrade to a commercial unit. He has asked about duct cleaning after seeing all the items falling from the vents in the offices. When we received money from CARES program Councilman Hicks said that he ask if the individuals in their offices would be able to control their thermostats and he was told yes, they would. There is only two people that have control Mr. Fousse and Mr. Craighead who doesn't even work in the building. Councilman-Hicks stated that during the snow event water was not turned off in city hall and pipes broke. Remediation was completed and:I ask at that time if mold would be an,issue and was told no as they sprayed. Come July mold hit the building, test were done and city hall was unsafe to work in. Councilman Hicks wanted to know why no one is held responsible and that the city needs to have a Facility Manager. Councilman Woliver ask if they mold issue was a result of the snow event and he was told no. The City Manager Mr. Reed stated that the city is looking into the AC system and that does feel that we do have a problem that will need to be addressed. The City Secretary spoke and said she was not sure if the snow event was the cause of the mold but that this building has been a problem ever since it was built in 2004. This is the oldest building we have in the city and it is not taken care of. Last year the City Secretary stated she sent a picture with the temperature in her office that read 52 degrees and it stayed that way for three days. It finally got to 62 degrees but still unacceptable. She went,out and bought blanket which we still use as the problem has not been fix. Many of us in this building feel you don't care about us as you do nothing to take care of the issue. Councilman Gibbs along with a few other members of council directed the city manager to find an engineering company that has no ties to a Heating and Air Conditioning Company to come-in and give us a good, better, best fix for the city hall building. K. Discussion on a meeting with the Cibolo Downtown Association to discuss the various city issues and events. This would be-an opportunity to have both businesses and city work together. Councilman Hicks, Quinn and Allen all volunteered to be on a sub-committee for this project. L. Discussion from Councilmembers that have attended seminars, events; or meetings for the City of Cibolo. Mayor. Boyle congratulated Councilman Hicks for being nominated and elected for President of TML Region 7. Both Councilman Allen and Councilman Bone helped at the Food Drive. Councilman Hicks stated that he would need dates to be able to move forward on the AAMPO projects. M. Discussion on items Council would like to see on future agendas. Mayor Boyle stated that he would like the Global Opioid Resolution on the nest agenda. N. 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 September and October 2021. 9: Staff Update A. Fire Department Report (August Report) 4 B. Planning and Engineering Report (August Report) C. Court Report(August Report) D. City Administration—Mr. Reed gave an update on re-districting and his follow-up withschool district and Guadalupe County. An update on the FM 1103 project with TxDOT was briefed and the cause for the delay. Mr. Reed also -went over several other items to include AW Texas Grand Opening, Cibolo Fall Festival for employees and Pump & Haul letter that was discussed with the Planning & Zoning Commission. 10. Ordinances A. Approval/Disapproval of an ordinance of the City of Cibolo providing for the sixth amendment to the budget for Fiscal Year 2020-2021. Councilman Quinn made the motion to approve the ordinance of the City of Cibolo providing for the sixth amendment to the budget for Fiscal Year 2020-2021. Motion was seconded by Councilman Hicks. For: All; Against: None. Motion carried 7 to 0. B. Approval/Disapproval of an ordinance of the City of Cibolo updating and amending the City of Cibolo Water, Wastewater, Drainage and Roadway Impact Fee Programs by adopting updated Land Use Assumptions, adopting an updated Capital Improvements Plan; revising the Impact Fee Service Area Boundaries and adopting the 2021 Impact Fee Study Update; and by amending the Water, Wastewater, Drainage and Roadway Impact Fees to be charged by the City of Cibolo. Councilman Hicks made the motion to approve an ordinance of the City of Cibolo updating and amending the City of Cibolo Water, Wastewater, Drainage and Roadway Impact Fee Programs by adopting updated Land Use,Assumptions, adopting an updated Capital Improvements Plan; revising the Impact Fee Service Area Boundaries and adopting the 2021 Impact Fee Study Update; and by amending the Water, Wastewater, Drainage and Roadway Impact Fees to be charged by the City of Cibolo. Motion was seconded by Councilman Gibbs. For: All; Against:None. Motion carried 7 to 0. C. Approval/Disapproval of an ordinance of the City of Cibolo adopting a consolidated Municipal Fee Schedule for Fiscal Year 2021-2022 for permits, licenses, applications, city utilities, animal control and other city services. Councilman Allen made the motion to approve an ordinance of 'the City of Cibolo adopting a consolidated Municipal Fee Schedule for Fiscal Year 2021-2022 for permits, licenses, applications, city utilities, animal control and other city services. 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, Texas Gov't Code Section 551.087 Economic Development, and Texas Gov't Code Section 551.074 Personnel Matters to discuss the following: A. Discussion regarding status of acquisition of property for the Town Creek Drainage/Haeckerville Road Reconstruction project. B. Discussion and terms regarding a 380 Agreement. C. Discussion on a resignation letter submitted by a councilmember. 5 D. Discussion regarding Meritage Homes of Texas LLC v. City of Cibolo et al, Civil Action No. 5:21- cv00755-FB. Council convened into Executive Session to discuss the above items at 9:22 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 Open Session at 10:23 p.m. Item 11C. The City Attorney made the statement that if a councilmember leaves office with more than. one year left on their term the city will have to have an election at the next available election date.; It is to late for Cibolo to put this item on the November ballot so Cibolo will require a May election to elect someone to fill the seat until November of 2022. The Texas Constitution states that a member can continue to serve in that position as a holdover until the replacement is elected. Councilman Quinn read is letter of resignation to the Mayor, Council, Staff and Citizens of Cibolo. Councilman Allen made the motion to except the registration of Councilman Quinn. Motion was seconded by Councilman Hicks. For: All; Against:None. Motion carried 6 to 0. 13 . .Adj ournment Motion was made by Councilman Woliver to adjourn the meeting at 10:28 p.m. Motion was seconded by Councilman Hicks. For: All; Against:None. Motion carried 7 to 0. PASSED AND APPROVED THIS 28TH DAY OF,SEPTEMBER 2021. Stosh Bo e Mayor ATTEST Peggy Cimics, TRMS City Secretary ! , 6