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Min CC 2/28/2023y or, C/0 o r �o "City of Choice CIBOLO CITY COUNCIL CIBOLO MUNICIPAL BUILDING 200 S. Main Cibolo, Texas 78108 February 28, 2023 6:30 p.m. to 10:30 p.m. MINUTES Call to Order — Meeting was called to order at 6:30 p.m. by Mayor Allen. 2. Roll Call and Excused Absences — Members Present: Mayor Allen, Councilman Benson, Councilman Roberts, Councilman Mahoney, Councilwoman Cunningham, Councilman Hetzel, and Councilman Hicks. Invocation — Invocation was given by Councilman Hicks. 4. Pledge of Allegiance - All in attendance recite the Pledge of Allegiance. 5. Officer Recognition A. Law Enforcement Commendation Award to Officer Jason Fore. Police Officer Jason Foe was recognize with the Law Enforcement Commendation Award. 6. Proclamation A. George Washington Proclamation. Councilman Hetzel read the George Washington Proclamation. 7. Presentation/Action on the re -appointment of Ed Phillips as Cibolo's Municipal Court Judge for another two-year term. Judge Phillips gave a brief update on the Cibolo Municipal Court. Councilman Hicks made the motion to re -appointment Ed Phillips as Cibolo's Municipal Court Judge for another two year term. Motion was seconded by Councilwoman Cunningham. Mayor Allen took a roll call vote: Councilman Benson — Yes, Councilman Roberts — Yes, Councilman Mahoney — Yes, Councilwoman Cunningham — Yes, Councilman Hetzel — Yes, and Councilman Hicks — Yes. Motion carried with a 6 to 0 vote. 8. Public Hearing A. The City of Cibolo City Council will hold a public hearing to hear public testimony regarding a rezoning for residentially used properties located with the Old Town Overlay District which are currently zoned commercial. The rezoning is specific to properties that were rezoned from residential to commercial in 2010. Mayor Allen read the following message to the Public: I want to announce that the City will NOT be holding a public hearing tonight on the "downtown rezoning," which was advertised in the newspaper and for which more than 90 letters were mailed to effected and adjacent property owners. Due to the Planning and Zoning Commission not being able to hold its public hearing on February 22"d, because the Planning Department did not post the agenda at least 72 hours in advance, the City Council has had to reschedule its public hearing. If you are here because of the previous notice you received or the previous schedule and expected to speak tonight, I want to assure you that you will have the opportunity to speak on this City initiated rezoning on the following dates: P&Z Commission on Wednesday, March 8". The meeting will start at 6:30 p.m. City Council on Tuesday, March 141h. The meeting will start at 6:30 p.m. If you are an effected property owner, the City has mailed notice to you and has provided you with an Affidavit that you can sign and submit to the City to indicate if you want to remain C-2 or want to be rezone to SF. If you do not submit an Affidavit, the City Council will consider an ordinance to rezone your property from C-2 to SF. If you are an effected property owner, I encourage you to contact the Planning Department to discuss the differences between the C-2 zoning district an a Single -Family zoning district. 9. 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. Remarks may also be addressed to any individual member of the Council so long as the remarks are (i) about matters of local public concern and (ii) not disruptive to the meeting or threatening to the member or any attendee. Any person violating this policy may be requested to leave the meeting, but no person may be requested to leave or forced to leave the meeting because of the viewpoint expressed. 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 ncimicsacibolotx.g2y and vchanmau(acibolotx.eov or telephone 210-566-6111 before 5:00 pm the date of the meeting. The following individuals signed up to speak at this meeting. Mr. Twist spoke on the potholes on Green Valley and Dean Road. He also stated that the manhole covers are approximately 1 '/2 inches higher than the road. Mr. Twist stated that he pays city taxes but feels that the money is always spent on the inner part of the city. Deborah LeGros and Dewayne Martin spoke on item I IA. They were opposed to the CUP to allow for a Manufactured Home Residential use. They also stated that they had no other statement as they have spoken against this on numerous occasions. Ms. Crawford thanked council for their hard work. She thanked the council for the opportunity to rezone her property back to residential. Mr. McGlothlin spoke on item I IA. He stated that the Popham have spoken with the City Manager and that they have met all the requirements. Fire suppression should not stop them from living in their home. He is in favor of the CUP. Mr. Hendrix also spoke on item I IA he stated that GVSUD current capital improvement has water pipes going in sometime in the next three years. Mr. Hendrix also spoke on the illegal signs that are on Saratoga Subdivision property, He said that there is a GVSUD easement and the GVSUD Board has not given permission for any signs to be placed on this property. Ms. Latimer spoke on the emergency services not being able to go down a dirt road to her home. Speaking on item I IA where there is a unpaved road is this something you really need to do. Mr. Robertson stated that lie lives approximately 100 yards from the Popham land. He said that there is a fir hydrant at Lower Seguin and Haeckerville Rd. He felt fire suppression should be discussed with the developers. Ms. Pitre represented the Buffalo Crossing Rebellions a select baseball team. They need ballfields to practice but are unable to fine a home. They are a Cibolo group and are looking to find a home and would like to be in Cibolo as that is where most to the players live. Right now they have to travel into San Antonio to find a field. Would like councils help in the Cibolo fields. Mr. Salazar also spoke for the Rebellions Baseball and wanting Cibolo to be their home base and asking council for help. Ms. Stephens thanked council for their service. She stated she is running for the District 5 seat in the May election and wanted to introduce herself Mr. Fournier congratulated Mayor Allen on his election. He is in favor of the CUP for Popham property. He said the city made mistakes and they need to make it right. He hoped that council will make the right decision, Mr. Mathis started that taxes do not change with zoning. He also said appraisals have nothing to do the zoning. Speaking on item I IA — Modular or Manufacture Home — nothing will stop a fire and the Popham family should be able to enjoy their home. Mr. Jimenez represented the Tri - County Chamber and gave an update on upcoming events. Mr. Barrows stated manufacture homes, modular home, and hailers if they have a fire it will go up fast and nothing will stop it. GVSUD needs to get water in this area. He also stated that a home on Cibolo Tolle has so much hash he is now digging holes to put all the trash in. 10. 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, inwhich case the item will be removed from the consent agenda A. Approval of the minutes of the regular City Council Meeting held on January 24, 2023. B. Approval of the minutes of the regular City Council Meeting held on February 14, 2023. C. Approval of the December 2022 Check Register pending final acceptance of the City's financial audit for the 2022/2023 fiscal year. D. Approval of the December 2022 Revenue and Expense Report pending final acceptance of the City's financial audit for the 2022/2023 fiscal year. E. Approval ofthe Quarterly Investment Report ending December 31, 2022 Report pending final acceptance of the City's financial audit for the 2022/2023 fiscal year. Councilwoman Cunningham made the motion to approve the consent agenda. Motion was seconded by Councilman Hetzel; Roll call vote: Councilman Hicks — Yes, Councilman Hetzel — Yes, Councilwoman Cunningham — Yes, Councilman Mahoney — Yes, Councilman Roberts — Yes, and Councilman Benson — Yes. For: All; Against; None. Motion carried with a vote of 6 to 0. Council went into Executive Session at the request of the City Attorney as authorized by the Texas Gov't Code Section 551.071 Consultation with Attorney to discuss item 11A. Time: 7:34 p.m. Council reconvened into regular session at 8:09 p.m. 11. Ordinances A. Approval/Disapproval of an Ordinance of the City of Cibolo regarding a Conditional Use Permit (CUP) for property located at 4164 Lower Seguin Road to allow for a Manufactured Home Residential use. Councilman Roberts made the motion to approve an Ordinance of the City of Cibolo regarding a Conditional Use Permit (CUP) for property located at 4164 Lower Seguin Road to allow for a Manufactured Home Residential use. Motion was seconded by Councilman Hetzel. Mayor Allen called for a roll call vote. Councilman Benson — No, Councilman Roberts — Yes, Councilman Mahoney — Yes, Councilwoman Cumiingham — Yes, Councilman Hetzel — Yes, and Councilman Hicks — No. For: Councilmembers Roberts, Mahoney, Cunningham, and Hetzel Against: Councilmembers Benson and Hicks. Motion carried with a vote of 4 to 0. 12. Resolutions A. Approval/Disapproval of a Resolution of the City of Cibolo to consider selling three (3) surplus Police Department vehicles to the neighboring community of Santa Clara. Councilman Hicks made the motion to approve a Resolution of the City of Cibolo to consider selling three (3) surplus Police Department vehicles to the neighboring community of Santa Clara at a cost of $2500 for each vehicle. Motion was seconded by Councilman Hetzel. Mayor Allen called for a roll call vote. Councilman Hicks — Yes, Councilman Hetzel— Yes, Councilman Mahoney — Yes, Councilman Roberts — Yes, and Councilman Benson — Yes. For: All; Against: None. Motion carried 5 to 0. Councilwoman Cunningham has stepped out when the vote was taken. B, Approval/Disapproval of a Resolution of the City of Cibolo authorizing the submission of a grant application to the Criminal Justice Division of the Governor's Office for the Bullet - Resistant Shield Grant Project and agreeing to designate an official to administer the grant. Councilman Hicks mad motion to approve a Resolution of the City of Cibolo authorizing the submission of a grant application to the Criminal Justice Division of the Governor's Office for the Bullet -Resistant Shield Grant Project and agreeing to designate an official to administer the grant. Motion was seconded by Councilwoman Cunningham. Mayor Allen call a roll call vote. Councilman Benson — Yes, Councilman Mahoney — Yes, Councilwoman Cunningham — Yes, Councilman Hetzel — Yes, and Councilman Hicks — Yes. For: All; Against: None, Motion carried 5 to 0. Councilman Roberts was not at the dais during this vote. C. Approval/Disapproval of a Resolution of the City of Cibolo authorizing the submission of a grant application to the Criminal Justice Division of the Governor's Office for the Rifle Resistant Body Armor Program and agreeing to designate an official to administer the grant. Councilwoman Cunningham made the motion to approve a Resolution of the City of Cibolo authorizing the submission of a grant application to the Criminal Justice Division of the Governor's Office for the Rifle Resistant Body Armor Program and agreeing to designate an official to administer the grant. Motion was seconded by Councilman Hicks. Mayor Allen call a roll call vote. Councilman Hicks — Yes, Councilman Hetzel — Yes, Councilman Mahoney — Yes, Councilman Cunningham — Yes, and Councilman Benson — Yes. For: All; Against: None. Motion carried 5 to 0. Councilman Roberts has stepped out when the vote was taken. 13. 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 Conunittee, Master Plan Committee, Youth Council, Cibolo Economic Development Corporation Board, Animal Advisory Board, and all other Committees, Commissions and Boards. Councilman Hicks made the motion to appoint Allison Beaver to the Planning and Zoning Commission for District 7. Motion was seconded by Councilwoman Cunningham. Mayor Allen call for a roll call vote. Councilman Benson — Yes, Councilman Roberts — Yes, Councilman Mahoney — Yes, Councilwoman Cunningham — Yes, Councilman Hetzel — Yes, and Council Hicks — Yes. For: All; Against: None. Motion carried 6 to 0. Councilman Roberts made the motion to appoint Malcolm MacLauchlan to the Master Plan representing District 2. Motion was seconded by Councilwoman Cunningham. Mayor Allen called for a roll call vote. Councilman Hicks — Yes, Councihnan Hetzel — Yes, Councilwoman Cunningham — Yes, Councilman Mahoney — Yes, Councilman Roberts — Yes, and Councilman Benson — Yes. For: All; Against: None. Motion carried 6 to 0. B. Discussion/Action regarding the Preliminary Acceptance of Public Infrastructure for Steele Creek Unit 5. Councilman Hicks made the motion to approve the Preliminary Acceptance of Public Infrastructure for Steele Creek Unit 5 with the following valuation: Sanitary Sewer — 4,039 Linear feet total valuation of $360,437.82; Water — 2,582 Linear feet total valuation of $192,629.81; Drainage total valuation of $191,548.98; Public Street — 2,384 Linear feet with total valuation of $675,842.58. Total valuation of accepted Public Improvements dedicated to the City of Cibolo - $1,420,459.19. Motion was seconded by Councilwoman Cunningham. Mayor Allen called for a roll call vote. Councilman Benson — Yes, Councilman Roberts — Yes, Councilman Mahoney — Yes, Councilwoman Cunningham — Yes, Councilman Hetzel — Yes, and Council Hicks — Yes. For: All; Against: None. Motion carried 6 to 0. C. Discussion/Action on the process concerning Rezoning of Properties located in the Old Town Mixed Used Overlay District (OT) from C-2 to Single -Family. Councilman Hicks made the motion on the process concerning Rezoning of Properties located in the Old Town Mixed Used Overlay District (OT) from C-2 to Single -Family to go with option 3 that was presented — Create special non -conforming use and structure (grandfathering) legislation just for residential zones in the overlay district. Motion was seconded by Benson. Mayor Allen called for a roll call vote. Councilman I-Iicks — Yes, Councilman Hetzel —No, Councilwoman Cunningham — Yes, Councilman Mahoney — Yes, Councilman Roberts — No, and Councilman Benson — Yes. For: Councilmembers Hicks, Cunningham, Mahoney, and Benson; Against: Councilmembers Hetzel and Roberts. Motion carried 4 to 2. D. Discussion/Action on enforcement related to Sound Levels in Downtown Cibolo. Councilman Hicks made the motion to continue enforcement related to Sound Levels in Downtown Cibolo and to start process for false reports. Motion was seconded by Councilwoman Cunningham. Mayor Allen took a roll call vote. Councilman Benson—No, Councilman Roberts — Yes, Councilman Mahoney — Yes, Councilwoman Cunningham — Yes, Councilman Hetzel — Yes, and Council Hicks — Yes. For: Councilmembers Roberts, Mahoney, Cunningham, Hetzel, and Hicks; Against: Councilman Benson. Motion carried 5 to 1. E, Discussion/Action on the existing/proposed updates to the signs in the City of Cibolo. Councilwoman Cunningham made the motion to support exploring cohesive community- wide branding through a signage program and staff will return with potential costs for Council's consideration. This will be part of the FY 24 budget. Motion was seconded by Councilman Roberts. Mayor Allen called for a roll call vote. Councilman Hicks — No, Councilman Hetzel — Yes, Councilwoman Cunningham — Yes, Councilman Mahoney — No, Councilman Roberts — Yes, and Councilman Benson — No. Due to a tie vote of 3 for and 3 against the Mayor was able to cast the deciding vote. Mayor Allen voted — Yes For: Councilmembers Roberts, Cunningham, and Hetzel and Mayor Allen; Against: Councilmembers Benson, Roberts, and Hicks. Motion carried 4 to 3. F. Discussion/Action on the appointment of a Council Sub-Connmittee for the purpose of the land sale or land exchange for properties located at 618 FM 78 and 590 FM 78W. Councilwoman Cunningham made the motion to appoint Councilmembers Roberts, Hetzel, and Cunningham to the Sub -Committee for the purpose of the land sale or land exchange for properties located at 618 FM 78 and 590 FM 78W. Motion was seconded by Councilman Roberts. Mayor Allen called a roll call vote. Councilman Benson — Yes, Councilman Roberts — Yes, Councilman Mahoney — Yes, Councilwoman Cunningham — Yes, Councilman Hetzel— Yes, and Council Hicks —Yes. For: All; Against: None. Motion carried 6 to 0. G. Discussion/Action regarding a potential land sale or land exchange between the City of Cibolo and Cibolo Economic Development Corporation for 618 FM 78 and 590 FM 78W. Councilman Cunningham made the motion to move forward regarding a potential land sale or land exchange between the City of Cibolo and Cibolo Economic Development Corporationfor 618 FM 78 amid 590 FM 78W. Motion was seconded by Councilman Roberts. Mayor Allen called for a roll call vote. Councilman Hicks — No, Councilman Hetzel — No, Councilwoman Cunningham — Yes, Councilman Mahoney — Yes, Councilman Roberts — Yes, and Councilman Benson— Yes, For: Councilmembers Cunningham, Mahoney, Roberts, and Benson; Against: Councilmembers Hicks and Hetzel. Motion carried 4 to 2. H. Discussion/Action on the FY24 Annual budget process and major milestones. Councilman Benson made the motion to approve setting sub -committee dates for March, April and May and to set dates for Special Budget Workshops in June and July. Motion was seconded by Councilman Roberts. Mayor Allen called for a roll call vote. Councilman Benson — Yes, Councilman Roberts — Yes, Councilman Mahoney — Yes, Councilwoman Cunningham — Yes, Councilman Hetzel — Yes, and Council Hicks — Yes. For: All; Against: None. Motion carried 6 to 0. I. Discussion/Action on a Public Meeting Space Policy and related Fees. Councilman I -licks made the motion to table this item at the present time. Motion was seconded by Councilman Benson. Mayor Allen called a roll call vote. Councilman Hicks — Yes, Councilman Hetzel — Yes, Councilwoman Cunningham — Yes, Councilman Mahoney — Yes, Councilman Roberts — Yes, and Councilman Benson — Yes. For: All; Against: None. Motion carried 6 to 0. J. Discussion/Update on Niemietz Park Sanitary Sewer Gravity Line Installation Cost. Mr. Fousse the Public Works Director gave a presentation on the Niemietz Park Sanitary Sewer Gravity Line Installation cost. Council gave direction to bring this item back during the budget process. K. Discussion/Presentation on the establishment of a Performance Management Program (PMP) in the City of Cibolo. Mr. Morris from the People and Performance Department presented a presentation to Council on what the Performance Management Program (PMP is how the organization arrived at the creation of a PMP, as well as providing insights into how the program will function when I full operation by this time in 2024. L. Discussion regarding updated Strengths, Weaknesses, Opportunities, and Threats (SWOT) Analysis in advance to Council Strategic Management Workshop on March 17, 2023. Due to the time the City Manager will send a blank swat analysis to tare Mayor and Council to complete. M. Discussion from Councilmembers that have attended seminars, events, or meetings. Councilman Hicks AAMPO meeting, NEP, and Joint Base San Antonio Meeting. Councilwoman Cunningham attend career day at the school. N. Discussion on items Council would like to see on future agendas. 0. 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. Ms. Cimics reminded council of several meeting that are occurring in March. 14. Staff Update A. Administration a. Recruitment Updates b. New Council Orientation (March) c. Strategic Management Workshop (March 17th) d. RFQs and RFPs Updates e. CIP Update Mr. Reed stated that lie would send a report to council on updates by email tomorrow. B. Police Department C. Fire Department D. Code Enforcement, Health Permits and Commercial/Home Permits E. Public Works Department Items B thru E were in the packet. 15. 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, Economic Development to discuss the following: A. Economic Development Update. (Ms. Lee) B. Discuss past and current process for adoption of zoning ordinances and zoning maps. (Mr. Reed) C. Possible partnership with City of Schertz for Future Thoroughfare Plan. (Mayor Allen) Council went into Executive Session to discuss the above items at 10:32 p.m. 16. 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 11:05 p.m. No action was taken. 17. Adjournment — Councilman Hicks made the motion to adjourn the meeting at 11:11 p.m. Motion was seconded by Councilman Roberts. For: All; Against: None. Motion carried 6 to 0. PASSED AND APPROVED THIS 14TH DAY OF MARCH 2023. Mark Allen Mayor ATTEST Peggy Cimics, TRMC City Secretary