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Min CC 2/14/2023J of Cf8 R U O rex�s ,city of Choir CIBOLO CITY COUNCIL CIBOLO MUNICIPAL BUILDING 200 S. Main Cibolo, Texas 78108 February 14, 2023 6:30 p.m. to 10:30 p.m. MINUTES Call to Order — Meeting was called to order by Mayor Allen at 6:30 p.m. 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 Benson. 4. Pledge of Allegiance — Payton Miller led all those in attendance with the Pledge of Allegiance. Student Recognition A. Recognizing Steele High School Student Payton Miller as Miss. Teen Texas 2023 Mayor Allen presented Payton Miller with a certificate recognizing her as Miss. Teen Texas 2023 and wished her well on her Miss. Teen USA Ambassador Pageant in Orlando, Florida. 6. Proclamation A. Career and Technical Education Month. Councilman Roberts read the Proclamation for Technical Education Month. 7. Public Hearing A. Public Hearing to hearing public testimony regarding a Conditional Use Permit (CUP) for property located at 4164 Lower Seguin Road to allow for a Manufactured Home Residential use. Mayor Allen opened the public hearing at 6:37 p.m. The following individuals spoke on this item: Ryan and Kelsey Popham stated that they had met all the requirements that the city has ask of them and feel that they should be approved so they can live in their home. Kara Latimer spoke on ordinance 1332 which she stated was passed in 2001 which stated if you resided on land of more than 1 acre you would have to re -zone to manufacture so you had to put a CUP on property. Deborah LeGros and Dewayne Martin stated that they had been watching this home since December and came in about several issues. Family was living in a travel trailer with no electricity or sewer. Mr. Martin felt that the P&Z made a decision with miss information. He stated he ask for documents but nothing was presented. James Hendrix stated that he was a GVSUD Board Member but was speaking as a citizen. He stated that the reason no pipes are in the ground as the developer did not want to pay for them. He did say that GVSUD has a three-year plan to get pipes in for this area. Steve Cooper sent an email and that was read by Mayor Allen. Mr. Cooper was in favor of the CUP. He stated that they had met all the requirements and that they would adequate water in the future in case of a fire. Mayor Allen closed the public hearing at 7:20 p.m. B. Public Hearing to her public testimony regarding a rezoning of the following properties: 615 N Main Street, 613 N Main Street, 611 N Main Street, 609 N Main Street, 607 N Main Street, 605 N Main Street, 603 N Main Street, and 601 N Main Street, from the current zoning of High Density Residential (SF -6) to Neighborhood Commercial (C-1). Mayor Allen open the public hearing at 7:21 p.m. The following individuals spoke: Doris Beck and Shawnee Willie of Indian Circle spoke against the rezoning. They stated that they had talked with people on both Indian Circle and Apache and all were against the rezoning. They stated that this is residential area and they did not want commercial in their backyards. They understand that the homeowners want to get the most for their homes but not at the expense of those that live behind them. They like the quite and would like it to stay that way. Spencer and Rachel Woody sent an email which was read by Councilman Hicks. He was opposed to the rezoning. He stated they are one of the few neighborhoods left that is affordable to the older residents and those on a fixed income. That can't afford to move and afford a home elsewhere. Ms. Jessica of Apache Circle opposed the rezoning. Her family had lived there for over 30 years and could not afford to move and it would cause a lot of disruption. Kara Latimer stated they city needed more roof tops and we should not be taking them away. This is something the Master Plan Committee should be looking at. Mayor Allen closed the public hearing at 7:44 p.m. 8. 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 pcimics(Wbolotx.¢ov and vchapman(a,cibolotx.zov or telephone 210-566-6111 before 5:00 pm the date of the meeting. The following individuals spoke at Citizens to be Heard: Linda Tudyk stated that the Senior Center had it's first year Anniversary and thanked all those that came out to support the event. She also brought up the need for a traffic light or three way stop on Dobie and Thistle Creek near the school. Shari McDaniel stated she was a candidate for District 5 and just wanted to introduce herself to everyone. James Hendrix spoke on signs near Saratoga which are placed on private property without permission. He also mention them using the city logo without permission. Ms. Latimer stated if a CUP is allowed does it remove the deed restriction on the plat? Jason Delgado spoke on the C2 overlay district and how he felt that it was done improperly. Not all homeowners received a letter, does that mean if they don't sign, they get rezoned. He stated that he did attend the Town Hall Meeting and did talked with the Guadalupe Co. Tax Assessor. Mr. Delgado stated that we already have spot zoning in Cibolo. Jaden Hicks spoke on the removal of trees on Cibolo Valley Drive. She wanted to know if the roots were being removed or we would have the same problem later on. Deborah LeGros and Dewayne Martin stated they did not want to be unreasonable on the CUP but there is a lot of misinformation. If approved will seek immediate injunction. Christine Budnik read by the City Secretary also spoke on the removal of the trees on Cibolo Valley Drive. She states that it is common knowledge that the ground shifts and affects structures and roadways regardless of any remedy implemented. Overtime the road will buckle and shift again. Can the geo tech engineer guarantee that when the trees are removed the road will never buckle again. Jayme Mathis spoke on Old Town Overlay. He stated that Cibolo has grown. The Cibolo Master Plan includes the Old Town. During the Old Town Overlay meetings 150 people attended, there were two open houses, several stakeholder meetings and Master Plan meetings. Cibolo is still growing we have pains today and will have pains tomorrow. Hengameh Stanfield represented the Chamber and briefed the Council on upcoming events. Council requested to go into executive session on item 9a as authorized by the Texas Gov't Code Section 551.071 Consultation with Attorney. At this time Mayor Allen moved item 13 to Executive Session to cover all items at one time. Time: 8:14 p.m. Council reconvened into regular session at 9:30 p.m. 9. 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 Benson made the motion to table this item until the February 28, 2023 agenda. 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 6 to 0. B. Approval/Disapproval of an Ordinance of the City of Cibolo amending the Code of Ordinances by requiring proof of residency for all members of Commissions, Committees, Boards, and Corporations and authorizing the City Secretary to take all necessary steps to implement this provisions of this ordinance. Councilman Hicks made the motion to approve an Ordinance of the City of Cibolo amending the Code of Ordinances by requiring proof of residency for all members of Commissions, Committees, Boards, and Corporations and authorizing the City Secretary to take all necessary steps to implement this provisions of this ordinance. Motion was seconded by Councilman Hetzel. Mayor Allen called for a roll call vote. Councilman Hicks — Yes, Councilman Hetzel — Yes, Councilwoman Cunningham — Yes, Councilman Mahoney — Yes, Councilman Roberts — Yes, and Councilman Benson — Yes. Motion carried 6 to 0. C. Approval/Disapproval of an Ordinance of the City of Cibolo ordering a Special Municipal Election to be held on Saturday, May 6, 2023, for the purpose of the election of a Council Member to District 5. 01 Councilman Hicks made the motion to approve an Ordinance of the City of Cibolo ordering a Special Municipal Election to be held on Saturday, May 6, 2023, for the purpose of the election of a Council Member to District 5. 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 Councilman Hicks — Yes. Motion carried 6 to 0. 10. Discussion/Action A. Update on Kove Lane reconstruction and new construction activities. Mr. Fousse the Public Works Director gave a briefing on the reconstruction and repaving of a portion of Kove Lane from Town Creek Road to Bella Rosa Phase 1. He stated that there was one remaining challenge which is a short segment of the old Kove Lane. The city is working with the Mata family and they have agreed to sell this small segment of Kove Lane. Once the paper work is completed Yantis Properties will construct the remaining section of Kove Lane. B. Discussion/Action on the removal, appointments, and re -appointments to Planning and Zoning Commission, Board of Adjustments, Capital Improvement Program (CIP) Committee, Charter Review Committee, Master Plan Committee, Youth Council, Cibolo Economic Development Corporation Board, Animal Advisory Board, and all other Committees, Commissions and Boards. Councilwoman Cunningham made the motion to remove Troy Ragland from the Animal AdvisoryBoard. Councilman Hicks stated that he had talked with Mr. Ragland and his job at this time does not give him any time to be a member of the committee. Councilman Hicks seconded the motion. Mayor Allen took a roll call vote. Councilman Hicks — Yes, Councilman Hetzel — Yes, Councilwoman Cunningham — Yes, Councilman Mahoney — Yes, Councilman Roberts — Yes, and Councilman Benson — Yes. Motion carried 6 to 0. Councilwoman Cunningham made the motion to appoint Ms. Ashby to the Animal Advisory Board. Motion was seconded by Councilman Hicks. 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 6 to 0. Councilman Hicks made the motion to appoint Mr. MacLauchlan to the Board of Adjustments. Motion was seconded by Councilwoman Cunningham. Mayor Allen took a roll call vote. Councilman Hicks — Yes, Councilman Hetzel — Yes, Councilwoman Cunningham — Yes, Councilman Mahoney — Yes, Councilman Roberts — Yes, and Councilman Benson — Yes. Motion carried 6 to 0. C. Discussion/Action regarding the Final Acceptance of Public Infrastructure within Units 3 and 4 of the Foxbrook Subdivision. This item was briefed to council by Mr. Otto. Councilman Benson made the motion to approve the Final Acceptance of Public Infrastructure within Units 3 and 4 of the Fox Subdivision to include the following: Sanitary Sewer- 3,617 Linear Feet with a valuation of $366,726.00; Drainage- Valuation of $376.336.48 and Public Street- 3,715 Linear Feet with a valuation of $719,943.00. Total valuation of accepted public improvements dedicated to the City of Cibolo is - $1,463,005.48. Motion was seconded by Councilman Hicks. The mayor call for a roll call vote. Councilman Benson — Yes, Councilman Roberts — No, 4 Councilman Mahoney — Yes, Councilwoman Cunningham — Yes, Councilman Hetzel — Yes, and Councilman Hicks — Yes. Motion carried with a vote of 5 to 1. D. Discussion/Action concerning a Consultant Contract by and between the City of Cibolo and Kimley-Horn and Associates, Inc., ("Consultant') for Professional Consulting Services for the 2023 Comprehensive Master Plan Update. Councilman Hicks made the motion to approve a Consultant Contract by and between the City of Cibolo and Kimley-Horn and Associates, Inc., ("Consultant') for Professional Consulting Services for the 2023 Comprehensive Master Plan Update. 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 Councilman Hicks —Yes. Motion carried 6 to 0. Motion carried with a vote of 6 to 0. E. Presentation/Discussion on the City of Cibolo and YMCA Partnership. This item will be placed on a future agenda. F. Discussion/Action regarding an update agreement between the City of Cibolo and the Cibolo Economic Development Corporation (CEDC) for professional services. Councilman Hicks made the motion to approve an updated agreement between the City of Cibolo and the Cibolo Economic Development Corporation (CEDC) for professional services. Motion was seconded by Councilwoman Cunningham. A roll call vote was taken. Councilman Hicks — Yes, Councilman Hetzel — Yes, Councilwoman Cunningham — Yes, Councilman Mahoney — Yes, and Councilman Roberts — Yes. Councilman Benson had stepped out and was not present for the vote. Motion carried 5 to 0. G. Discussion of solutions for internal control risks related to cash collections, identified in the FY 21 audit. This item will be placed on a future agenda. H. Discussion/Action and authorization for the City Secretary to contract for election services with Guadalupe County for the May 6, 2023 Special Election to elect a councilmember for District 5. Councilwoman Cunningham made the motion to authorize for the City Secretary to contract for election services with Guadalupe County for the May 6, 2023 Special Election to elect a councihnember for District 5. Motion was seconded by Councilman Hicks. Mayor Allen called for 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 6 to 0. I. Discussion/Action on requirements and process for residential foundation permits. This item will be placed on a future agenda. J. Discussion/Action on removing Temporary Traffic Plan on Green Valley Road for Schlather Intermediate School. Councilman Hicks made the motion that the barricades would be removed over Spring Break. Motion was seconded by Councilman Benson. A roll call vote was taken. Motion was seconded by Councilman Benson. The mayor call for a roll call vote. Councilman Benson — Yes, Councilman Roberts — Yes, Councilman Mahoney — Yes, Councilwoman 9 Cunningham — Yes, Councilman Hetzel — Yes, and Councilman Hicks — Yes. Motion carried 6to0. K. Discussion/Action to reconsider and/or define Cibolo City Policy regarding the following line included within the letter mailed to property owners on 1/20/2023: "The City will interpret a lack of response as your election to rezone your property to residential zoning to align with its current use". No action was taken on this item. L. Discussion/Action on process concerning Rezoning of Properties located in the Old Town Mixed -Use Overlay District (OT) from C-2 to Single -Family. This item will be placed on a future agenda. M. Discussion/Action to consider allowing the downtown (Old Town) Cibolo property owners located between Main Street, Buffalo Trail, and FM 1103 to elect to be included within the Old Town Overlay and to rezone their properties from Single -Family residential zoning to C-1 (Commercial) zoning at no cost to the property owners. This item will be placed on a future agenda. N. Discussion from Councilmembers that have attended seminars, events, or meetings. Councilwoman Cunningham stated that she attended meetings of the Big Brothers/Big Sisters as well as training for volunteers for the Cibolo Animal Shelter. Councilman Hicks attended Commissioners Court and Councilman Hetzel attended AACOG meeting. 0. Discussion on items Council would like to see on future agendas. Councilman Benson requested an update on the Design Manual and an update on the signs allowed in Cibolo as mentioned in Citizen to be Heard. P. 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. City Secretary reminded the council on several upcoming meetings. Council reviewed the calendar for February and March. 11. 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 A. Approval of the minutes of the regular City Council Meeting held on January 24, 2023. B. Approval of the December 2022 Check Register pending final acceptance of the City's financial audit for the 2022/2023 fiscal year. C. Approval of the December 2022 Revenue and Expense Report pending final acceptance of the City's financial audit for the 2022/2023 fiscal year. D. Approval of the Quarterly Investment Report ending December 31, 2022 Report pending final acceptance of the City's financial audit for the 2022/2023 fiscal year. Consent Agenda items will be placed on the February 28, 2023 agenda. 12. Staff Update A. Administration a. Recruitment Updates b. New Council Orientation (February) c. Council Strategic Planning Retreat (March) d. RFQs and RFPs Updates e. CIP Update B. Police Department C. Code Enforcement, Health Permits and Commercial/Home Permits Staff Updates will be placed on the February 28, 2023 agenda. 13. Executive Session The City Council will meet in Executive Session as authorized by the Texas Gov't Code Section 551.071, Consultation with Attorney, Section 551.074, Personnel Matters, and 551.087 Economic Development to discuss the following: A. GVSUD vs. City of Cibolo (CV No: 1:16cv-00617-LY) B. Meritage Homes of Texas LLC v. City of Cibolo 5:21-CV00755-FM C. Discussion on the possible removal of a member of a Committee, Commission, Board or Corporation. D. Discussion on the Economic Incentive Agreement between the City of Cibolo and Santikos Cibolo Theater Realty, LLC. 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 9:30 p.m. No action was taken on item 13A&B. Item 13C - Councilman Benson made the motion to remove Mr. Denis Fournier from all city committees, commissions, boards, and corporations. Motion was seconded by Councilman Mahoney. Mayor Allen took a roll call vote. Councilman Hicks — Yes, Councilman HetzeJ — Yes, Councilwoman Cunningham — Yes, Councilman Mahoney — Yes, Councilman Roberts —No, and Councilman Benson — Yes. Motion carried 5 to 1. Item 13D - Councilman Hicks made the motion to move forward with the Agreement. Motion was seconded by Councilwoman Cunningham. Mayor 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 6 to 0. 15. Adjournment Councilman Hicks made the motion to adjourn the meeting at 10:45 p.m. Motion was seconded by Councilman Hetzel. For: All; Against: None. Motion carried 6 to 0. PASSED AND APPROVED THIS 28T" DAY OF FEBRUARY 2023. Mark Allen Mayor ATTfE Peggy Cimics, TRMC City Secretary