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Min CC 3/28/2023'OtyofOnke' CIBOLO CITY COUNCIL CIBOLO MUNICIPAL BUILDING 200 S. Main Cibolo, Texas 78108 March 28, 2023 6:30 p.m. to 10:30 p.m. MINUTES 1. Call to Order — Meeting was called to order by Mayor Allen at 6:30 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. 3. Invocation — Invocation was given by Councilwoman Cunningham. 4. Pledee of Allegiance — All in attendance recited the Pledge of Allegiance. 5. Proclamation A. Proclamation for Designating April 2023 as Child Abuse Prevention & Awareness Month. Proclamation was read by Councilman Hicks. B. Proclamation for National Sexual Assault Awareness & Prevention Month. Proclamation was read by Councilman Hetzel. C. Proclamation for National Crime Victims Rights Week. Proclamation was read by Councilman Mahoney. 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. 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(EMbolotx.gov and vchapmanCa,cibolotx.aov or telephone 210-566-6111 before 5:00 pm the date of the meeting. The following individuals spoke at "Citizens to be Heard" — Mr. Savoie spoke on EV Charging Stations. He stated that he had spoken during the Economic Development Corp. meeting on this subject and informed them of the benefits that this would bring to the Downtown area and Cibolo. Mr. Savoie also supported SF -2 on Haeckerville Road. Mr. O'Finan spoke on Superior Concrete Batch Plant and the tax dollars and number of employees that they employee. He talked about misinformation about permits and the information that was given to the Planning Department. Mr. Cancino also spoke about the concrete batch plant. He stated that both his wife and he were not in the best of health and he needed the health insurance that Superior provides it employees. Mr. Cancino ask to give Superior a chance to correct the information. Ms. Shively a driver for the concrete batch plant stated that she did not want to be homeless again and have to sleep in her jeep. She needs her job and ask that the company be allowed to open their door. Mr. Jones spoke on being laid off and did not know what each day would bring. He ask for a chance and to find a way to open back up. He also needed the medical and paycheck to pay his bills. Mr. Howe also spoke on the concrete batch plant. He stated that the business helps to promote Cibolo. Many of the employees live in Cibolo, pay taxes, shop, and eat at the city businesses. Mr. Garza stated that he was the Safety Director for Superior Concrete Batch Plant. He also talked about the number of employees that live in Cibolo. He wanted Cibolo to them a chance as they did not want to lay people off. At this time Mayor Allen ask the City Manager Mr. Reed to explain why this company was shut down by the city so those watching could understand why all the individuals were here tonight to speak. Mr. Reed did explain the process and what occurred and what occurred and what the company did not provided not once but twice. The city was following the rules and ordinances that are in place. Mr. Twist spoke and thanked the city for patching Dean Road. Mr. & Mrs. Popham stated that they never intended to come to council to speak again but felt they needed to set the record straight. They stated that they had communicated with the city every step of the way to provide the information needed to receive a CUP for their property. The Popham's did not feel that they should be used as pawn with GVSUD. Cibolo should have provided the required water infrastructure before they annexed the property into Cibolo. They did not appreciate a councilmember that stated that he had reached out to them when he never did. If he received bullying on Facebook because of voting against the CUP for there property than he deserved it. Ms. Dimitri stated that she is a member of the Chamber Leadership Corp and is required to attend a Council Meeting. She just wanted to introduce herself to the Mayor and Council. Mr. Zimmermann spoke on the Haeckerville Road rezoning and hoped that the council would keep the SF -2. He also stated that the land right now has high weeds and sunflowers although it is supposed to be farmland. Ms. Hicks spoke on item I OB and was in favor of the rezoning going back to residential if that is what the induvial wants to do with their property. Ms. Latimer thanked Chief Troncoso and Mr. Reed for excessing her property with a Fire Truck to make sure that an emergency vehicle could get down the road. She also suggested tht the city identify other homes in Cibolo that that may have the same problem she had with emergency services. Ms. Crawford thanked Councilwoman Cunningham for clarifying how the rezoning occurred. She is hopeful that council will abide by the January 20a' letter that states that her no response means she will be rezoned back to residential. She also spoke on those that compared Cibolo to Gruene, if I wanted to live in Gruene I would of moved to Gruene. Mr. McGlothin spoke on item lOB rezoning and wanted to know how many manhours has the city dedicated to this item. He did not think that this item was the most important thing council had today. Mr. McGlothin also spoke on item I IL thru Q and felt that this looked like retribution for a couple people that just didn't get their way on a vote. Item l0A 04 he stated don't add to the problem we already have. He also gave a shout out to Relentless Soccer. Ms. McMillon representing Cibolo Crossing stated that they would be having the BBQ Cookoff at that location again this year and hoped that Cibolo could provide barricades and cones for the event. Mr. Freeman representing the Child Advocacy Center informed council and all those in the audience that they will be placing 800+ pinwheels out on Friday both at City Hall by FM 78 at 8:30 a.. and Fire Station 42 at 11:30 a.m. and welcome anyone that can help to come out. Mr. Fournier gave his minutes to Mr. Mathis. Mr. Mathis did state that he realizes the difficult job City Council has and why he never wanted to be on council. He talked about Old Town and how seven years ago his grandmother could stand in the middle of the street and wave her arms which would be impossible today. Mr. Mathis stated that everyone should realize now that notices were sent out back in 2010. On his way over tonight he thought of what he would say and he wanted everyone that is in the overlay that want to be commercial let them, if they want to be residential let them. Mr. Mathis stated when he thought more about it that's is what we are presently. Ten years of confusion leave it they way it if they want it the same let the residents choose. Mr. C. Hicks stated that he has lived in Cibolo his entire life. He is for the properties that want to be residential to be residential. Mr. Hicks states letters have been sent and residents are counting on the council to follow through with the letter. Ms. Ellard stated that she has seen small towns gobbled up by expansion. She realizes that all the residents share the same desire, which she understands, is to maintain the atmosphere that drew them to Cibolo. If the zoning of C-2 remains in place those current property owners will no longer have a voice as to what type of C- 2 business could operate next door or directly behind them. If the zoning is changed to SF -4 then the property owner has the opportunity to be notified of a prospective business and then given a chance to be heard regarding this type of business. Public Hearing A. The City of Cibolo City Council will conduct a public hearing to hear public testimony regarding Redistricting changes from seven (7) single member districts to four (4) single member districts, and three (3) at large based on the 2020 Census. Public Hearing will take place at 6:30 p.m. on March 28, 2023 at the Cibolo City Hall, Council Chamber, 200 S. Main Street, Cibolo, Texas. Mayor Allen opened the public hearing at 7:52 p.m. No wish to speak and Mayor Allen closed the public hearing at 7:52 p.m. 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 March 14, 2023. 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 process — Mr. Reed did state the Grant Writer position has been reposted. Assistant Planner position will be interviewing. Assistant City Manager position is receiving input from search firms. All staff updates will be sent to City Council by the City Manager by email. d. RFQs and RFPs c. CIP Update d. New Council Orientation (March 31) e. Setting date for first Town Hall Meeting f. Comprehensive Plan Branding Survey Feedback B. Fire Department C. Public Works Department 10. Ordinances A. Approval/Disapproval of an Ordinance regarding the rezoning of fifty-seven acres for Property ID: 69580, located on Haeckerville Road, from the current zoning of Low Density Residential (SF -2) to Medium Density Residential (SF -4). Councilman Hicks made the motion to disapprove an Ordinance regarding the rezoning of fifty-seven acres for Property ID: 69580, located on Haeckerville Road, from the current zoning of Low Density Residential (SF -2) to Medium Density Residential (SF -4). Motion was seconded by Councilman Mahoney. 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 to deny 6 to 0. Prior to continuing with item 10B council will go into executive session as authorized by the Texas Gov't Code Section 551.071, Consultation with Attorney to discuss amending the Official Zoning Map to change the zoning designation of certain residential lots located within the Old Town Overlay District from C-2 (Community Retail/Service) to SF -4 (Medium Density Residential). Mayor Allen also moved item 12 up to discuss at the same time. Council convened into executive session at 8:00 p.m. 12. 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. B. Partnership with City of Schertz for Future Thoroughfare Plan. C. Discussion on terms and obligations of seeking Emergency Operations Center Grant. 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 8:55 p.m. No action taken on item 12 A, B, and C. B. Approval/Disapproval of an Ordinance amending the Official Zoning Map to change the zoning designation of certain residential lots located within the Old Town Overlay District from C-2 (Community Retail/Service) to SF -4 (Medium Density Residential). Councilman Benson made the motion to approve the Ordinance amending the Official Zoning Map to change the zoning designation of certain residential lots located within the Old Town Overlay District from C-2 (Community Retail/Service) to SF -4 (Medium Density Residential) and to accept line 7 and 23 from Exhibit A, Attachment 1. Motion was seconded by Councilman Hetzel. A roll vote was taken: Councilman Hicks recused himself from this item. Councilman Benson — Yes, Councilman Roberts — No, Councilman Mahoney — Yes, Councilwoman Cunningham — Yes, and Councilman Hetzel — Yes. Motion carried 6 to 0. 11. Discussion/Action A. Discussion/Action concerning the City Redistricting 2023 Initial Assessment and approval of a Resolution adopting criteria for use in Districting the City into Single Member City Council Districts based on the 2020 census. Councilman Benson made the motion to approve the Resolution adopting Redistricting criteria. 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. B. Discussion/Action on the Approval/Disapproval of a bid for replacement of City Hall HVAC and building renovations to K.W. Construction, Inc., in the amount of One Million, Eight Hundred Twenty -Four Thousand, Eight Hundred Dollars and Zero Cents ($1,824,800). Councilman Mahoney made the motion to table this item until the next agenda. Motion was seconded by Councilwoman Cunningham. Roll call vote was taken. Councilman Benson — Yes, Councilman Roberts — Yes, Councilman Mahoney — Yes, Councilwoman Cunningham — Yes, Councilman Hetzel — No, and Councilman Hicks — No. Motion carried 4 to 2. C. Discussion/Action on authorizing the City Manager to execute a contract for construction materials with Brauntex Materials, Inc., New Braunfels, Texas, for Type B Asphalt at $59.00 per ton, Hot Mix Cold Laid Asphalt at $69.00 per ton, Type A — Grade 1-2 Flexible Base Material at $6.25 per ton, Select fill/Sub-base (3/4 to dust) at $6.75 per ton, and Chat Rock at $23.00 per ton. Councilman Hicks made the motion to authorize the City Manager to execute a contract for construction materials with Brauntex Materials, Inc., New Braunfels, Texas, for Type B Asphalt at $59.00 per ton, Hot Mix Cold Laid Asphalt at $69.00 per ton, Type A — Grade 1- 5 2 Flexible Base Material at $6.25 per ton, Select fill/Sub-base (3/4 to dust) at $6.75 per ton, and Chat Rock at $23.00 per ton. Motion was seconded by Councilman Roberts. 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. D. Discussion/Action on authorizing the City Manager to execute a contract for materials with Colorado Materials, New Braunfels, Texas, for Type C Asphalt at $65.00 per ton, and Manufactured Sand at $18.00 per ton. Councilman Hicks made the motion to authorize the City Manager to execute a contract for materials with Colorado Materials, New Braunfels, Texas, for Type C Asphalt at $65.00 per ton, and Manufactured Sand at $18.00 per ton. Motion was seconded by Councilwoman Cunningham. A roll call vote was taken. Councilman Benson — Yes, Councilman Roberts — Yes, Councilman Mahoney — Yes, Councilwoman Cunningham — Yes, Councilman Hetzel — Yes, and Councilman Hicks — Yes. Motion carried 6 to 0. E. Discussion/Presentation on the new city website and communication tools. IT Director Mr. Beekman went over the new website and implementation timeline. Mr. Beekman was able to show a presentation of what the new site will look like to City Council. F. Discussion/Action on accepting the Traffic Warrant Study completed by KFW Engineers, creating a 4 -way stop intersection with crosswalks at the Cibolo Valley Drive/Bentwood Ranch Drive intersection. Motion was made by Councilman Hicks to approve the Traffic Warrant Study completed by KFW Engineers, creating a 4 -way stop intersection with crosswalks at the Cibolo Valley Drive/Bentwood Ranch Drive intersection. Motion was seconded by Councilman Hetzel. 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 b to 0. G. Discussion/Action on requirements and process for residential foundation permits. Mr. Hanson went over the requirements and process for residential foundation permits. Council had an opportunity to ask questions but no action was taken. H. Discussion/Action for the City Council to consider supporting the 3`d Annual Cibolo Crossing Stampede and Chanty BBQ Cook -off. Councilman Hicks made the motion to approve supporting the 3`d Annual Cibolo Crossing Stampede and Charity BBQ Cook -off. Motion was seconded by Councilman Roberts. Mayor Allen called for a roll call vote. Councilman Hicks — Yes, Councilman Hetzel — Yes, Councilwoman Cunningham — Yes, Councilman Mahoney— No, Councilman Roberts — Yes, and Councilman Benson — Yes. Motion carried 5 to 1. I. Discussion/Action for City Council to consider supporting the Cibolo Enrichment Foundation's (CEF) 3`d Annual Car Show. Councilwoman Cunningham made the motion to approve supporting the Cibolo Enrichment Foundation's (CEF) 3`d Annual Car Show. Motion was seconded by Councilman Hicks. A roll call vote was taken. Councilman Benson— Yes, Councilman Roberts — Yes, Councilman Mahoney — Yes, Councilwoman Cunningham — Yes, Councilman Hetzel — Yes, and Councilman Hicks — Yes. Motion carried 6 to 0. 6 J. Discussion/Action to staff concerning negotiations with Relentless Soccer to utilize the City of Cibolo's Multi -Event Center (MEC) on a long-term basis. Councilwoman Cunningham made the motion for staff to work with Relentless Soccer and to come back at a later date for council approval. Motion was seconded by Councilman Hicks. 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. K. Discussion/Action and authorization for the City Manager to execute a Public Right -of -Way Use Agreement Granting Centric Fiber, L.L.C. a License to Construct Fiber Optic Line and Operate a Network under certain Public Rights -of -Way for the Transportation of Data and Information Services to Customers. This item was presented by Attorney Gonzalez. It will be placed on the next agenda for discussion/action. L. Discussion/Action on creating a Council Sub -Committee for the Planning and Zoning Commission. This item will be placed on the next agenda. M. Discussion/Action on creating a Council Sub -Committee for the appointment of members to committees, commissions, boards, and corporations. This item will be placed on the next agenda. N. Discussion/Action to evaluate each property inside the City of Cibolo, which do not currently meet the International Fire Code laws for ingress, egress, and fire hydrants with a fire truck test, and if the property passes begin providing fire services. This item will be placed on the next agenda. O. Discussion/Action regarding all properties inside the City of Cibolo, that do not currently meet the International Fire Code laws as well as the UDC for ingress, egress, and fire hydrants. This item will be placed on the next agenda. P. Discussion/Action for investigation of 4164 Lower Seguin Road, plat process though Conditional Use Permit (CUP). This item will be placed on the next agenda. Q. Discussion/Action to remove the authority for staff to approve plats and place back in the authority of council per section 212.006. This item will be placed on the next agenda. R. Discussion/Action on the approval of the Final Plat of Grace Valley Ranch Subdivision Unit 1. Councilman Hicks made the motion to approve the Final Plat of Grace Valley Ranch Subdivision Unit 1. Motion was seconded by Councilwoman Cunningham. Mayor Allen called for a roll call vote. Councilman Hicks — Yes, Councilman Hetzel —No, Councilwoman — Cunningham — No, Councilman Mahoney — No, Councilman Roberts — No, and Councilman Benson — Yes. Motion failed 2 to 4. 7 S. Discussion from Councilmembers that have attended seminars, events, or meetings. Councilman Hicks — Commissioners Court, Councilwoman Cunningham — Buffalo Crossing HOA Meeting. T. Discussion on items Council would like to see on future agendas. Items that council did not have time to discuss at this meeting. U. 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 March and April 2023. 14. Adiournment Councilman Roberts made the motion to adjourn the meeting at 11:00 p.m. Motion was seconded Councilwoman Cunningham. For: All; Against: None. Motion carried 6 to 0. PASSED AND APPROVED THIS 11TH DAY OF APRIL 2023. Mark Allen Mayor ATTEST Peggy Cimics, TRMC City Secretary