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Min CC 6/13/2023Tens 'City of Choice CIBOLO CITY COUNCIL NOBLE GROUP EVENT CENTER 203 S. Main Cibolo, Texas 78108 June 13, 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. Members Absent: Councilwoman Sanchez -Stephens. Councilman Hicks made the motion to excuse the absence of Councilwoman Sanchez -Stephens. Motion was seconded by Councilman Benson. For: All; Against: None. Motion carried 6 to 0. 3. Invocation — Councilman Hicks gave the Invocation. 4. Pledge of Allegiance - All those in attendance recited the Pledge of Allegiance. 5. Presentation Presentation to Cerrone Garcia for five years with the City of Cibolo. 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 ucimicsAcibolotx.aov and vchaamanaa,cibolotx.aov or telephone 210-566-6111 before 5:00 pm the date of the meeting. The following individuals signed up to speak during Citizens to be Heard. Marlene Carmean (this item was read by Councilwoman Cunningham). This had to do with Buffalo Crossing II, Knight Crossing Subdivision. The developer thought that Mr. Fogel should just give him the right-of-way and not have to purchase the property from the Fogel's. The developer has been given the opportunity to purchase the property and as late as November he still does not want to pay for the property. Colby Albright with Diamond Legacy a select Girls Softball Team spoke on needing a home field to play. Mr. Albright stated that the sports field rented by the YMCA you must be a member to rent. Kinsley Albright also spoke and stated she just want a field to call home and play. James Hester stated that he has been waiting on permits since February. He is trying to rezone AG. His zoning was changed to SF2 but doesn't know why or when. He has over 100 acres and his son is just trying to build a home on the property. Wyatt Agee is from Selma and is a member of the Chamber Leadership Corp. and required to attend a council meeting. Kara Latimer also spoke on the Hester property. She states they are only trying to take care of family. This is a legacy owner, and we need to take care of these property owners. Rezone to AG so they can continue to serve their property as an agriculture property. Gary Rose spoke on GVSUD spending over 20 million dollars on a new building. He is also not happy with the GVSUD Board working on water/wastewater. Mr. Rose stated that he hopes the City is working on the lawsuit with GVSUD as the taxpayers of Cibolo are paying for both lawyers. Jayme Mathis states that he respects all the Councilmembers. He is disappointed on several decisions council has made recently. Mr. Mathis did state on the rezoning of homes on Main Street those homes will eventually be rezoned maybe not by this council but eventually they will. He also stated that there was one councilmember that is a bully, and he intimates citizens. Mr. Mathis also states if this councilmember does not remove himself, you will be recalled. 6. 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 23, 2023. B. Approval of the April 2023 Check Register pending final acceptance of the City's financial audit for the 2022/2023 fiscal year. C. Approval of the April 2023 Revenue and Expense Report pending final acceptance of the City's financial audit for the 2022/2023 fiscal year. D. Approval of the Preliminary Plat of Cibolo Creek Center. Item 6D was removed and will be addressed separately. Councilman Mahoney made the motion to approve the consent agenda items A, B, and C. Motion was seconded by Councilman Benson. For: All; Against: None. Motion carried 6 to 0. Item 6D. Councilman Hicks had concerns with the driveways. Councilwoman Cunningham made the motion to approve item 6D. Motion was seconded by Councilman Roberts. A roll call vote was taken - Councilman Benson — Yes, Councilman Roberts — Yes, Councilman Mahoney — Yes, Councilwoman Cunningham — Yes, Councilman Hetzel — Yes, and Councilman Hicks — No. Motion carried 5 to 1. 7. Staff Update A. Administration a. Recruitment process b. RFQs and RFPs c. CIP Update d. Budget Workshop #1 —June 22"d at 5 p.m. e. City Mayor Video — Post Council Meetings f. 2023 Summer Internships g. Council Redistricting Survey Results to -date h. ICMA Award L Best Places to Work Competition City Manager Mr. Reed gave an update to council on the above items. Assistant City Manager position still open and have received several good resumes. Police Chief is having the first round of interviews. The Capital Improvement Program (CIP) Manager will start in July. The first budget workshop will be held on June 22 at the Noble Group from 5pm to 9pm. City Manager will send a report to council on all items after the meeting. B. Police Department 8. Executive Session — This item was moved to later in the agenda. The City Council will meet in Executive Session as authorized by the Texas Gov't Code Section 551.071,Consultation with Attorney to discuss the following: A. GVSUD vs. City of Cibolo (CV No: 1:16cv-00617-LI) B. Possible negotiations regarding Southern Plant Wastewater Services and Funding Agreement by and among COMA, City of Schertz, and City of Cibolo. C. Interpretation of code provisions regarding Buffalo Crossing II. D. Discussion on hiring of an outside counsel regarding Ethics complaint. Council convened into open executive session at 8:53 p.m. 9. Open Session Reconvene into Regular Session and take/or give direction or action, if necessary, on items discussed in the Executive Session. Council reconvened into regular session at 10:04 p.m. No action was taken. 10. Ordinances A. Approval/Disapproval of an Ordinance of the City of Cibolo regarding a Conditional Use Permit (CUP) for property located at 1442 Haeckerville Road to allow for Manufactured Home Residential use. Councilwoman Cunningham made the motion to approve an Ordinance of the City of Cibolo regarding a Conditional Use Permit (CUP) for property located at 1442 Haeckerville Road to allow for Manufactured Home Residential use. Motion was seconded by Councilman Roberts. Before a vote was taken both Councilwoman Cunningham and Councilman Roberts rescinded their vote. Councilman Benson made the motion to table this item. Motion was seconded by Councilman Roberts. A roll call was taken. 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. Approval/Disapproval of an Ordinance of the City of Cibolo regarding a variance for property located at 2662 FM 1103 to eliminate the requirement for trees within the 20' landscape buffer per UDC Article 17. Councilwoman Cunningham made the motion to approve an Ordinance of the City of Cibolo regarding a variance for property located at 2662 FM 1103 to eliminate the requirement for trees within the 20' landscape buffer per UDC Article 17. Motion was seconded by Councilman Hetzel. A roll call vote was taken. Councilman Hicks — Yes, Councilman Hetzel — Yes, Councilwoman Cunningham — Yes, Councilman Mahoney —No, Councilman Roberts — No, and Councilman Benson — No. Due to a tie vote the Mayor Allen was able to vote and he voted No. Motion failed 3 to 4. C. Approval/Disapproval of an amendment to Chapter 74 of the City's Code of Ordinances to prohibit stopping, standing, or parking on Green Valley Road between FM 1103 and Kerry Street to include public right-of-way (ROW). Councilman Hicks made the motion to approve an amendment to Chapter 74 of the City's Code of Ordinances to prohibit stopping, standing, or parking on Green Valley Road between FM 1103 and Kerry Street to include public right-of-way (ROW). Motion was seconded by Councilman Roberts. A roll call 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. 11. Resolution A. Approval/Disapproval of a Resolution of the City of Cibolo amending the Bylaws for the Cibolo Economic Development Corporation. Councilwoman Cunningham made the motion to approve a Resolution of the City of Cibolo amending the Bylaws for the Cibolo Economic Development Corporation. Motion was seconded by Councilman Hicks. For: All; Against: None. Motion carried 6 to 0. 12. Discussion/Action A. Discussion/Action on the purchase of mobile AV equipment to include computer hardware, audio and visual equipment, software, and peripheral equipment from Digital Resources, Inc. through The Interlocal Purchasing Systems (TIPS) in the amount not to exceed $63,965.00. Councilman Hicks made the motion to approve the purchase of mobile AV equipment to include computer hardware, audio and visual equipment, software, and peripheral equipment from Digital Resources, Inc. through The Interlocal Purchasing Systems (TIPS) in the amount not to exceed $63,965.00. Motion was seconded by Councilwoman Cunningham. For: All; Against: None. Motion carried 6 to 0. B. Discussion/Action on the purchase of AV equipment to include computer hardware, audio and visual equipment, software, and peripheral equipment from Digital Resources Inc. through The Interlocal Purchasing System (TIPS) in an amount not to exceed $426,977.00. Councilman Roberts made the motion to approve the purchase of AV equipment to include computer hardware, audio and visual equipment, software, and peripheral equipment from Digital Resources Inc. through The Interlocal Purchasing System (TIPS) in an amount not to exceed $426,977.00. Motion was seconded by Councilwoman Cunningham. A roll call vote was taken. 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 for purchase of computer equipment and peripheral devices from Dell Technologies through the Texas Department of Information Resources in the estimated amount of $60,316.00. Councilman Hicks made the motion to approve the purchase of computer equipment and peripheral devices from Dell Technologies through the Texas Department of Information Resources in the estimated amount of $60,316.00. Motion was seconded by Councilman Roberts. A roll call vote was taken. 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 regarding the possibility of a Facilities Study for the future needs of the City of Cibolo. The study would consider the City's current workspaces for employees in various departments as well as the potential for future growth of the City's workforce and workspace needs. No action was taken on this item. E. Discussion/Direction on Amazon Alexa—Building Voice Experiences for the City of Cibolo. Mr. Burnett was informed by Council to work with the IT Director Mr. Beekman on a proposal and bring to council at a later date. F. Discussion/Action concerning the Good, Better and Best option in the proposal from Quorum Architects related to the design work for the Cibolo Animal Shelter. Council gave direction on the best option but a small footprint on the property on Shaefer Road. G. Discussion/Action on an extension of the Final Plat for Buffalo Crossing II Subdivision Knights Crossing until the June 27, 2023, Council Meeting to give the developer additional time to evaluate potential amendments to the PIA that may be pertinent to the plat or Approval/Disapproval of the Final Plat for Buffalo Crossing II Subdivision Knights Crossing. Councilman Hicks made the motion to deny an extension of the Final Plat for Buffalo Crossing II Subdivision Knights Crossing until the June 27, 2023, Council Meeting to give the developer additional time to evaluate potential amendments to the PIA that may be pertinent to the plat or Approval/Disapproval of the Final Plat for Buffalo Crossing II Subdivision Knights Crossing. 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 to deny 6 to 0. H. Discussion/Action on proposed update to the City's Development Application and Approval Process. Council gave direction only on this item. Council agreed to the proposed updates, staff will proceed to provide public notice of the proposed UDC amendment for a public hearing by the City Council on July 11, 2023. I. Discussion/Direction on updates to the Council's Strategic Plan FY23-25 and setting Stage for FY 24-26. The City Council agreed to the change to the 5 Core Strategies by splitting Governance into two (2) Strategies (Governance to become "Financial Integrity" and "Operational Excellence") to better reflect the Goals and Actions under Governance. J. Discussion/Direction to staff on a traffic signal/potential study at Old Wiederstein and Cibolo Valley Drive as well as Cibolo Valley Drive and Ripps-Kreusler. Mr. Reed informed council that Mr. Fousse the Public Works Director will be looking at both of these intersections tomorrow. K. Discussion of Legacy Land owners and building on their properties. This item was placed on the agenda by Councilman Hicks. Councilman Hicks stated that this issue has been addressed in an early agenda item. L. Discussion of baseball and softball fields for youth to have a place to practice and play games, and the ability to make reservations for the fields. This item was brought up by Councilman Hicks. He wanted to know how long the city has taken reservation for the football, baseball/softball fields at Rich Park, Niemietz Park, and Veterans Park. If no one has rented the field, there should be no reason way the field can't be used by someone. The citizens pay for these fields and should have the ability to use them if not rented. M. Discussion from Councilmembers that have attended seminars, events, or meetings. Councilwoman Cunningham thanks everyone involved in the Summer Nights Program. N. Discussion on items the City Council would like to see on future agendas. Sub -Committee for GVSUD, Proclamation for Sam Bauder, and applications for committees. O. Discussion/Action on the review and confimiation of all upcoming special meetings and workshops and scheduling the time, date and place of additional special meetings or workshops. Councilman Benson left at 11:04 p.m. Council went over the June and July 2023 calendars. 13. Adjournment Councilman Roberts made the motion to adjourn the meeting at 11:07 p.m. Motion was seconded by Councilwoman Cunningham. For: All; Against: None. Motion carried 5 to 0. PASSED AND APPROVED THIS 27TH DAY OF JUNE 2023. Mark Allen Mayor ATTEST Peggy Cimics, TRMC City Secretary