Loading...
Min CC 5/23/2023TCX0 "City of Choice CIBOLO CITY COUNCIL CIBOLO MUNICIPAL BUILDING 200 S. Main Cibolo, Texas 78108 May 23, 2023 6:30 p.m. to 10:30 p.m. MINUTES Call to Order — Meeting was called to order by Mayor Pro -Tem Hicks at 6:30 p.m. 2. Roll Call and Excused Absences — Members Present: Councilman Benson, Councilman Roberts, Councilman Mahoney, Councilwoman Cunningham, Councilman Hetzel, and Councihnan/Mayor Pro -Tem Hicks. Members Absent: Mayor Allen. Councilwoman Cunningham made the motion to excuse the absence of Mayor Allen. Motion was seconded by Councilman Benson. For: All; Against: None. Motion carried 6 to 0. 3. Invocation — Councilman Benson gave the Invocation. 4. Pledge of Allegiance - All in attendance recited the Pledge of Allegiance. 5. Oath of office to Norma Sanchez -Stephens — Ms. Norma Sanchez -Stephens was given the Oath of Office as Councilwoman for District 5 by the City Secretary Ms. Cimics. Councilwoman Sanchez -Stephens took her seat at the dais and was given the opportunity to say a few words before continuing with the meeting. 6. Presentation Presentation to all the Senior Graduates that are joining the Military. — Mayor Pro -Tem Hicks read the proclamation and names of all receiving the proclamation and coin. Proclamation A. Proclamation for the Community Action Month. Councilman Hetzel read the Proclamation and presented the Proclamation the Community Action Month to Stacy Watson and Ernesto Leal. B. Proclamation for Older Americans Month. Councilman Hetzel read and received the Proclamation for Older Americans Month. Public Hearing A. The City of Cibolo City Council will hold a public hearing to hear public testimony regarding a Conditional Use Permit (CUP) request to allow Manufactured Home Residential for certain real property located at 1442 Haeckerville Road. The Public Hearing was opened by Mayor Pro -Tem Hicks at 6:55 p.m. Ms. Clark, the applicant, spoke on this item and stated that the property belongs to her elderly parents who are in need of help due to their age and health. Her parents have 160 acres and when she first came to the city, she was told she would require a Conditional Use Permit (CUP). Now Ms. Clark is being informed that the property must be platted which would cost her somewhere in the range of $15,000 to $20,000. She would just like to help her parents and doesn't understand the platting requirement. Ms. Legros spoke and stated that she had obtained a restraining order against a property due to not having a fire hydrant as required by law. The public hearing was closed at 7:02 by the Mayor Pro -Tem Hicks. B. The City of Cibolo City Council will hold a public hearing to hear public testimony regarding a variance request, from UDC 17.1 (L), to eliminate the 20' landscaping buffer requirement between the FM 1103 Retail Project (Mesa & Turning Stone C7 Block 11, Lot 4) and the residential properties to the northeast (Mesa @ Turning Stone Unit 5, Block 2, Lots 49-52 & 901), for certain real property located at 2662 FM 1103. Public Hearing was open by Mayor Pro -Tem Hicks at 7:04 p.m. The City Secretary read an email that was sent in by Mr. Ghanem who stated he was a homeowner residing at Mesa and strongly supports the 20' buffer zone between the businesses on FM 1103 and the homes. He strongly urges everyone to please keep the buffer zone. The public hearing was closed at 7:05 p.m. C. The City of Cibolo City Council will hold a public hearing to hear public testimony regarding a rezoning of the following properties: 615 N Main Street, 613 N Main Street, 611 N Main Street, 609 Main Street, 607 N Main Street, 605 N Main Street, 603 N Main Street, and 601 N Main Street, 599 N Main Street, 597 N Main Street, 595 N Main Street, 593 N Main Street, and 101 Buffalo Trail, from the current zoning of High Density Residential (SF -6) to Neighborhood Commercial (C-1). The public hearing was opened by Mayor Pro -Tem Hicks at 7:06 p.m., he also informed all those in attendance that this rezoning had been withdrawn. Individuals still wishing to speak still have the right to be heard on this subject. Mr. Hood spoke and asked again if these properties have withdrawn their application. He was opposed to the rezoning and stated there was plenty of commercial property available. Ms. Willy wanted to know if the applications to rezone can be put again? She was informed that yes, they could submit the application and fees again. Ms. Willy stated that we the homeowners behind these properties would have to go through all this again. Mr. Hughes also spoke on the ability to continue to re -submit a rezoning request. Ms. Sherwood wanted to know what as a citizen she can do to stop someone from continuing to file a rezoning request. There are lives of people that are being impacted. Mr. DiCarlo spoke on flooding from last week's rains. He also talked about the peaceful neighborhood which they don't want to lose. Mr. DiCarlo stated that the homes on Main street do not backup to commercial. Rezoning these properties will just cause more people to have problems between residential and commercial properties. The following comments were emailed in and read by the City Secretary. Ms. Bryant opposed the rezoning. She moved to Cibolo 4 years ago and likes her little neighborhood. She states that there are already several small strip malls in Cibolo that are still sitting empty. She opposes the rezoning to commercial. Ms. Budnik is in opposition to rezoning of residential properties along Main Street across the street from HEB to commercial. She understands the current owners see a monetarily attractive way to move out and on to another location, there are residents in that area who don't have that option. If rezoned the neighborhood will suffer on many levels. Mr. and Mrs. Lowman have resided here a total of 30 years between parents and siblings. They are against having commercial businesses built behind them. They are concerned with loud noise, trucks, flooding, and drainage issues. The idea of rezoning has only brought worry and stress to all of us. Mr. Woody states that he is strongly opposed to commercializing Main Street any more than it already is. He has severe concern about how this will affect his family home, his neighbors, and the community as a whole. We want Cibolo to grow and be sustainable but not at the expense of our home and neighbors. There are so many other options for commercial use in the area to be utilized without cutting into more of our early neighborhood establishments. Mayor Pro -Tem Hicks closed the public hearing at 7:42 p.m. 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. The City Council may not debate any non -agenda issue, nor may any action be taken on any non -agenda issue at this time; however, the 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 pcimicsAcibolotx.aov and vchanman(7cibolotx.¢ov or telephone 210-566-6111 before 5:00 pm the date of the meeting. The following individuals spoke at Citizens to be Heard: Ms. Latimer spoke on not fully understanding the negative consequences of ordinance 1332, specifically where it was changed the classification of Manufactured home to allow for a Conditional Use Permit (CUP) in SF 1 and S172. Mr. DiCarlo stated that he would like the zoning left as residential not rezoned too commercial. Mr. Hood also asked the council to keep the zoning on Main Street residential and not rezone too commercial. Mr. Hughes spoke on the traffic problem on Main Street and the need for a sidewalk all the way down FM 1103. 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 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 May 9, 2023. E B. Approval of the minutes of the Canvassing of the Ballot held on May 16, 2023. C. Approval of the March 2023 Check Register pending final acceptance of the City's financial audit for the 2022/2023 fiscal year. D. Approval of the March 2023 Revenue and Expense Report pending final acceptance of the City's financial audit for the 2022/2023 fiscal year. E. Approval of the Quarterly Investment Report ending March 31, 2023. F. Approval of the Final Plat of Bella Rosa Subdivision Unit 3 Councilwoman Cunningham made the motion to approve the consent agenda. Motion was seconded by Councilman Hetzel. For: All; Against: None. Motion carried 7 to 0. 11. Staff Update OWNITIrIffinnow a. Recruitment process Grant Writer will start on May 30'h. ACM identified qualified candidates and starting the initial round of interviews. Police Chief has identified qualified candidates and will begin initial round of interviews. CIP Manager interviews scheduled. b. RFQs and RFPs Staff are moving out of City Hall this week. Council received an email with all locations of staff. There will be no interruption to serving our customers. We have reserved space at Noble Group for Council and other meetings. c. CIP Update — Mr. Reed stated that he will send an email with the updates to Council. I Cibolo Summer Night, May 19'h Recap Summer Nights was very successful, and the citizens liked the Touch a Truck event. e. Bandit Sign Enforcement On 5-14 three signs were removed, on 5-20 twelve signs removed and Notice of Violation Letters will be mailed. f. Budget Workshop #1, June 22"a — This will take place at the Noble Group at 5pm. 12. Ordinances A. Approval/Disapproval of an Ordinance of the City of Cibolo providing for the second amendment of the budget for the Fiscal Year 2022-2023. Councilmember Mahoney made the motion to approve the Ordinance of the City of Cibolo providing for the second amendment of the budget for the Fiscal Year 2022-2023. Motion was seconded by Councilwoman Cunningham. A roll call vote was taken. Councilman Benson — Yes, Councilman Roberts — Yes, Councilman Mahoney — Yes, Councilwoman Cunningham— Yes, Councilwoman Sanchez -Stephens — Yes, Councilman Hetzel — Yes, and Councilman Hicks — Yes. Motion carried 7 to 0. 13. Resolution A. Approval/Disapproval of a Resolution of the City of Cibolo adopting a Public Meeting Room Policy for use by the public for the Training Room at Fire Station #2 and the City All Annex Community Room. Councilman Roberts made the motion to approve the Resolution of the City of Cibolo adopting a Public Meeting Room Policy for use by the public for the Training Room at Fire Station #2 and the City All Annex Community Room. Motion was seconded by Councilman Hetzel. A roll call vote was taken. Councilman Hetzel — Yes, Councilwoman Sanchez- Stephens- Yes, Councilwoman Cunningham — Yes, Councilman Mahoney — Yes, Councilman Roberts — Yes, Councilman Benson — Yes, and Councilman Hicks — Yes. Motion carried 7 to 0. 14. Discussion/Action A. Discussion/Action on an Agreement to the Public Improvement Agreement for Koehler Tract and Veazey/Redhage Tract (Buffalo Crossing II). This item will be back on the agenda in June. B. Discussion/Action regarding the Preliminary Acceptance of Public Infrastructure for Buffalo Crossing II Unit 3. Councilwoman Cunningham made the motion to the Preliminary Acceptance of Public Infrastructure for Buffalo Crossing II Unit 3 with the following Public Infrastructure: Water — 2,006 LF with a total valuation of $240,598.17; Sanitary Sewer — 2,066 LF with a total valuation of $311,122.47; Drainage —151 LF channel, 25 LF of underground 36" reinforced concrete pipe & 3.3 acre Pond with a total valuation of $132,522.40; Street — 2,144 LF with a total valuation of $428,559.00; Other — 38 LF Conduits with a total valuation of $1,749.14. Total Valuation of accepted Public Infrastructure Improvements dedicated to the City of City is $1,114,551.18. Councilman Roberts seconded the motion. For: All; Against: None. Motion carried 7 to 0. C. Discussion/Action on the Final Plat of Legendary Trails Unit 4. Councilman Hetzel made the motion to approve the Final Plat of Legendary Trails Unit 4. Motion was seconded by Councilman Mahoney. A roll call vote was taken. Councilman Benson — Yes, Councilman Roberts — Yes, Councilman Mahoney — Yes, Councilwoman Cunningham — stepped out during this item, Councilwoman Sanchez -Stephens — Yes, Councilman Hetzel — Yes, and Councilman Hicks — Yes. Motion carried 6 to 0. D. Discussion/Action to execute a Task Order with Lockwood Andrews Newnam (LAN), San Antonio, TX in the amount of $78,000 for the streets/right-of-way/pavement design criteria and street geometric designs within the Cibolo UDC. Councilman Benson made the motion to execute a Task Order with Lockwood Andrews Newnam (LAN), San Antonio, TX in the amount of $78,000 for the streets/right-of- way/pavement design criteria and street geometric designs within the Cibolo UDC. Motion was seconded by Councilwoman Cunningham. For: All; Against: None. Motion carried 7 to 0. E. Discussion/Action to execute a Task Order with Vickrey and Associates (Vickrey), San Antonio, TX, in the amount of $91,500 for updated hydrology and hydraulic computation standards, storm water and drainage design criteria and floodplain development permitting procedures, with the Cibolo UDC. Councilman Benson made the motion to execute a Task Order with Vickrey and Associates (Vickrey), San Antonio, TX, in the amount of $91,500 for updated hydrology and hydraulic computation standards, storm water and drainage design criteria and floodplain development permitting procedures, with the Cibolo UDC. Motion was seconded by Councilwoman Cunningham. For: All; Against: None. Motion carried 7 to 0. F. Discussion/Action to execute a Task Order with Utility Engineering Group, (UEG) New Braunfels, TX in the amount of $30,400 for water and wastewater criteria and designs within the Cibolo UDC. Councilman Benson made the motion to execute a Task Order with Utility Engineering Group, (UEG) New Braunfels, TX in the amount of $30,400 for water and wastewater criteria and designs within the Cibolo UDC. Motion was seconded by Councilwoman Cunningham. For: All; Against: None. Motion carried 7 to 0. G. Discussion on Cibolo Parks, history, current conditions, and staff recommendations. (Mr. Craighead) Mr. Craighead, the Parks Superintendent, gave the council a briefing on the Cibolo Parks. Council comments included — price to fix restrooms at Niemietz Park, how much money is placed in the budget for maintenance of the parks, are we working on grants for parks (many out there to apply for), no mention of Tolle Park or Wobbler Woods Trailhead, is pickleball within the footprint of Niemietz Park, and is there a change to turf do to cars being allowed on the field in the past. H. Discussion/Action concerning a potential agreement with Relentless Soccer to utilize the City of Cibolo's Multi -Event Center (MEC) on a long-term basis. The council wanted to know how many kids are from Cibolo not the surrounding area. They propose a possible three-year contract with a 1- or 2 -year extension. Mr. Reed and Ms. Cimics will bring this item back at a later date. I. Discussion/Action on How to Schedule Action following 2nd public hearing on a proposed Ordinance on Development Applications. Council gave direction to have first public hearing with P&Z, second public hearing at Council Meeting and two weeks later it will come back to council for a vote. J. Discussion on Businesses and Places open to the Public Inspection Letter. Chief Troncoso presented the letter that will be sent to all establishments that are Open to the Public. There are 410 known locations within the city limits that need to be inspected annually. These inspections will be conducted randomly throughout the year and will not follow a specific pattern. K. Discussion of Insurance Service Organization (ISO) Maps. Chief Troncoso briefed the council on the ISO maps and rating for the City of Cibolo. The ISO rating is a score that reflects how prepared a community and area is for fires. L. Discussion from Councilmembers that have attended seminars, events, or meetings. Councilman Mahoney stated that he attended the Trade Show and staff did a great job. Councilwoman Cunningham attended the Summer Knights. Councilwoman Sanchez - Stephens also attended the Summer Knights and the Live Oak Armed Forces Day Parade. Councilman Hicks attended Summer Knights, Live Oak Armed Forces Day Parade, Commissioners Court, and MPO meeting. M. Discussion on items the City Council would like to see on future agendas. Councilman Benson would like an item on the restrooms at Niemietz Park. 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 May and June 2023. 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 The council convened into executive session at 10:35 p.m. to discuss the above item. 16. Ooen Session Reconvene into Regular Session and take/or give direction or action, if necessary, on items discussed in the Executive Session. The council reconvened into regular session at 10:55 p.m. No action taken. 17. Adjournment Councilman Benson made the motion to adjourn the meeting at 10:56 p.m. Motion was seconded by Councilman Mahoney. For: All; Against: None. Motion carred 7 to 0. AND APPROVED THIS 13 DAY OF JUNE 2023 Mayor Peggy Cimics, TRMC City Secretary