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Min CC 1/24/2023J of C/9 V O • fex AS . 'mydOMW CIBOLO CITY COUNCIL CIBOLO MUNICIPAL BUILDING 200 S. Main Cibolo, Texas 78108 January 24, 2023 6:30 p.m. to 10:30 p.m. MINUTES 1. Call to Order — Meeting was called to order by Mayor Allen at 6:31 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. 3. Invocation- Invocation was given by Councilman Benson. 4. Pledee of Alleeiance — All in attendance recited the Pledge of Allegiance. 5. Proclamation A. Official Rodeo Season and Dress Western Day. Councilman Hicks read the Proclamation for the San Antonio Rodeo Season and Dress Western Day. Mayor Allen presented the Proclamation to Barbara Hall rodeo representative. 6. Employee Recognition A. Joshua Harville — 5 years B. Maggie Patterson —15 years Mr. Reid recognized and presented a plaque to both Joshua Harville and Maggie Patterson for their service to the City of Cibolo. 7. 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 pcimicsQcibolotx.Qov and vchapmanCa.cibolotx.eov or telephone 210-566-6111 before 5:00 pm the date of the meeting. The following individuals signed up to speak: Maggie Titterington from the Chamber spoke on the many events that are happening in the local area. Samuel Johnson introduced himself as a member of the Chamber Leadership Corp. 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. A. Approval of the minutes of the regular City Council Meeting held on January 10, 2023. B. Approval of the minutes of the Special Council Meeting held on January 17, 2023. C. Approval of the November 2022 Check Register pending final acceptance of the City's financial audit for the 2022/2023 fiscal year. D. Approval of the November 2022 Revenue and Expense Report pending final acceptance of the City's financial audit for the 2022/2023 fiscal year. E. Approval of the Preliminary/Final Plat of QT 4031 Addition. Councilwoman Cunningham made the motion to approve the consent agenda. Motion was seconded by Councilman Hicks. For: All; Against: None. Motion carried 6 to 0. 9. Staff Update A. Administration a. Recruitment Updates b. New Council Orientation (February) c. Council Strategic Planning Retreat (March) d. RFQs and RFPs Updates e. TCEQ Vehicle Grant Update Mr. Reed stated that interviews for the Assistant City Manager will be in Mid -February. New Council Orientation is scheduled for January 31. All councilmembers are invited to this orientation. Council Strategic Management Workshop is scheduled for March 17th. RFQ's and RFP's — Comprehensive Plan interviews are schedule for tomorrow ( January 25th), Animal Shelter update will be in February and HVAC will be presented to council on March 28th. Mr. Reed stated that the TCEQ Vehicle Grant Cibolo did not meet the scope of this grant at the present time. Cibolo will continue to look at all grant possibilities. 10. Discussion/Action A. Discussion/Action on the approval of the Final Acceptance of Public Infrastructure for Foxbrook Unit 3 and Unit 4. There was discussion on this item before council took a vote. Council questioned if this subdivision is not fully built out did they have to accept the infrastructure at this time. Mr. Otto briefed that the following public improvements and valuations were being requested by the developer to be accepted: Sanitary Sewer: 3,617 Linear Feet with a valuation of $366,726.00; Drainage: Valuation of $376,336.48; Public Streets: 3,715 Linear Feet with a valuation of $719,943.00 — Total valuation of accepted public improvements dedicated to the City Of Cibolo if approved would be: $1,463,005.48; Total valuation of public improvements (Water) dedicated to GVSUD: $244,420.00. Councilwoman Cunningham made the motion to approve the Final Acceptance of Public Infrastructure for Foxbrook Unit 3 and Unit 4. Motion was seconded by Councilman Mahoney. Mayor Allen took a roll call vote. Councilman Hicks — No, Councilman Hetzel — No, Councilwoman Cunningham — Yes, Councilman Mahoney — Yes, Councilman Roberts — No, and Councilman Benson — Yes. With a tie vote Mayor Allen will be able to vote. Mayor Allen voted—No. Motion failed with a 3 to 4 vote. Council ask the developer to build out to 75% and come back for approval. B. Discussion/Action on the Town Creek Trailhead Parking Lot Area Project (HEB/FM 1103), Fishing Pond Design, and Monument Sign Design. a. Approval to authorize the City Manager to finalize plans and bid the Town Creek Trailhead Parking Area at HEB/FM 1103 Project. Councilman Hicks made the motion to authorize the City Manager to finalize plans and bid the Town Creek Trailhead Parking Area at HEB/FM 1103 Project. Motion was seconded by Councilwoman Cunningham. Roll Call vote was called for by Mayor Allen. Councilman Benson — Yes, Councilman Roberts — Yes, Councilman Mahoney — Yes, Councilwoman Cunningham — Yes, Councilman Hetzel — Yes, and Councilman Hicks — Yes. For: All; Against: None. Motion carried 6 to 0. b. Approval to authorize the City Manager to engage a qualified professional to develop renovation plan for the fishing pond area. Councilman Hicks made the motion to authorize the City Manager to engage a qualified professional to develop renovation plan for the fishing pond area. Motion was seconded by Councilwoman Cunningham. Roll call vote was called for by Mayor Allen. 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. c. Approval to authorize the City Manager to engage a firm to design a monument sign, including a possible sculpture. Councilman Hicks made the motion to authorize the City Manager to engage a firm to design a monument sign, including a possible sculpture. Motion was seconded by Councilwoman Cunningham. Roll Call vote was called for by Mayor Allen. Councilman Benson — No, Councilman Roberts — Yes, Councilman Mahoney — No, Councilwoman Cunningham — Yes, Councilman Hetzel — Yes, and Councilman Hicks — Yes. Motion carried 4 to 2. 3 C. Discussion/Action concerning Councilman Hicks made the motion to approve an Engagement Agreement by and between the City of Cibolo and Bickerstaff Heath Delgado Acosta, LLP., ("Firm") for Professional Redistricting Consulting Services. Motion was seconded by Councilwoman Cunningham. A roll call vote was called for by Mayor Allen. 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. D. Discussion/Presentation on the City of Cibolo's Learning Culture Mr. Knott presented a PowerPoint that covered the following items: Cibolo's Journey to Organization Excellence, What is a learning organization, Benefits of a learning organization, Training, and Upcoming opportunities. Council ask that they be kept informed of employees complete training so they could be recognized. E. Discussion on combining the Board of Adjustment and the Planning & Zoning Commission. This was briefed by City Manager Mr. Reed. Council was informed that presently we have a problem with having enough people or enough people to show up for the Board of Adjustments to have a meeting. Those on this committee have the final say as they do not make a recommendation to council. Most of them are not familiar with the UDC or planning rules which makes it hard for them to make decision. Many cities use the Planning and Zoning as the Board of Adjustment. Council ask the City Attorney to revise the ordinance and bring it back to council. Mayor Allen did take a roll call vote to make sure the council was in agreement on this decision. 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. F. Discussion on the Lift Station at Niemietz Park and the lack of restrooms available to the public. This item was brought to council by Councilman Hicks. Councilman Hicks stated that this park is utilize by the public more than any other park we have in the city. Football, baseball, basketball are all played at Niemietz Park. On weekends it is packed and the lack of restrooms is very evident. Mr. Fousse was able to explain the lift station and problems the city has and what the city would like to do to solve some of the with restrooms. Staff will bring this item back with a cost estimate to put in a gravity line. This will be brought back end of February or first meeting in March. G. Discussion from Councilmembers that have attended seminars, events, or meetings. Councilman Hicks stated that he attended Elected Official Conference, Commissioners Court and AAMPO meeting. Councilwoman Cunningham attended the Animal Advisory Board Meeting. Councilman Mahoney attended school district meeting, NEP Meeting, and Conference in San Antonio for new councihnembers. H. Discussion on items Council would like to see on future agendas. Mayor Allen would like to have back on the agenda to reconsider process to rezone the downtown businesses and to have the council vote on this item not just give direction. Mayor Allen would also like to see an ordinance to change the percentage of homes built from 90% to 95% before infrastructure in accepted by City Council. Additional items the mayor is requesting is to honor Steele High School Paten Miller for being selected as Ms. Texas and 4 a item to form a sub -committee for the Niemietz Park Land Swap. Councilman Benson ask to request from TxDot to place FM 1103 and Knights Crossing with a temporary traffic light. I. 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 January, February, and March. Ms. Cimics pointed out to council dates for the Council Orientation, Strategic Planning Management Workshop, Joint Council, P&Z, and Master Plan meeting, and pictures that will be taken on February 14tH 11. Ordinances A. Approval/Disapproval of an Ordinance of the City of Cibolo regarding a Conditional Use Permit (CUP) for .59 acres located at FM 1103 and Rodeo Way to allow for a Restaurant, Fast Food use. Councilwoman Cunningham made the motion to approve the Ordinance of the City of Cibolo regarding a Conditional Use Permit (CUP) for .59 acres located at FM 1103 and Rodeo Way to allow for a Restaurant, Fast Food use. Motion was seconded by Councilman Mahoney. 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. For: All; Against: None. Motion carried 6 to 0. B. Approval/Disapproval of an Ordinance of the City of Cibolo authorizing the issuance of the City's Combination Tax and Limited Pledge Revenue Certificates of Obligation, Series 2023. Councilman Hicks made the motion to approve the Ordinance of the City of Cibolo authorizing the issuance of the City's Combination Tax and Limited Pledge Revenue Certificates of Obligation, Series 2023. 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. For: All; Against: None. Motion carried 6 to 0. C. Approval/Disapproval of an Ordinance of the City of Cibolo providing for the First Amendment of the Budget for the Fiscal Year 2022-2023. Councilwoman Cunningham made the motion to approve the Oidinance of the City of Cibolo providing for the First Amendment of the Budget for the Fiscal Year 2022-2023. 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. For: All; Against: None. Motion carried 6 to 0. 12. Executive Session The City Council will meet in Executive Session as authorized by the Texas Gov't Code Section 551.071, Consultation with to discuss the following: A. Status of Cibolo Turnpike L.P. v. City of Cibolo Cause No. 20 -0062 -CV -A. Council convened into executive session at 7:58 p.m. to discuss the above item. This item was moved to after item l OC. 13. 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 8:18 p.m. Not action taken. 14. Adiournment Councilwoman Cunningham made the motion adjourn the meeting at 9:48 p.m. Motion was seconded by Councilman Hicks. For: All; Against: None. Motion carried 6 to 0. PASSED AND APPROVED THIS 14TH DAY OF FEBRUARY 2023. Mark Allen Mayor ATTEST^ Peggy Cimics, TRMC City Secretary