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Min CC 6/27/2023'Oty of Choice CIBOLO CITY COUNCIL NOBLE GROUP EVENT CENTER 203 S. Main Cibolo, Texas 78108 June 27, 2023 6:30 p.m. to 10:30 p.m. MINUTES Call to Order — Meeting was called to order by Mayor Allen at 6:33 p.m. 2. Roll Call and Excused Absences — Members in Attendance: Mayor Allen, Councilman Benson, Councilman Roberts, Councilman Mahoney, Councilwoman Cunningham, Councilwoman Sanchez -Stephens, Councilman Hetzel, and Councilman Hicks. Invocation — Councilman Hicks gave the Invocation. 4. Pledge of Allegiance - All in attendance recited the Pledge of Allegiance. Proclamation A. Proclamation for Sam Bauder Mayor of Cibolo from 1987 to 2001. Mayor Allen read the Proclamation for former Mayor Sam Bauder. Proclamation was presented to the family and pictures were taken of the event. 6. Public Hearing A. The City of Cibolo City Council will hold a public hearing to hear public testimony regarding a variance request, from UDC 17. (L), to reduce the 15' landscaping buffer requirement between Main Street and the proposed off-street parking or vehicular area, for certain real property located at 508 N. Main Street. Mayor Allen opened the public hearing at 6:37 p.m. Ms. Huerta from staff explained the item to City Council. Mayor Allen closed the public hearing at 6:41 p.m. Mayor Allen reopened the public hearing at 6:43 p.m. and ask if anyone would like to speak on this item. No one wish to speak, and the Mayor closed the public hearing at 6:43 p.m. B. The City of Cibolo City Council will hold a public hearing to hear public testimony regarding a rezoning for 5.2 acres (Property ID#144902) located near the intersection of Dobie Boulevard and West Borgfeld Road, from the current zoning of Low Density Single -Family Residential (SF -2) to Community Retail/Services (C-2). Mayor Allen opened the public hearing at 6:41 p.m. Ms. Huerta explained this item to City Council. Prior to proceeding with this item Mayor went back to item 6A. Mayor Allen returned back to this item and ask if anyone wish to speak on the item. The following individuals spoke. Mr. Fritz Van Nest introduced himself as the developer but had no other comments at this time. Ms. Sylvia Schonholz spoke in favor of the rezoning. She stated that traffic is terrible, but storage area would bring in less traffic to the area. She also spoke on the difficulty of getting out of her driveway and states she needs speed bumps. Mayor Allen closed the public hearing at 6:48 p.m. C. The City of Cibolo City Council will hold a public hearing to hear public testimony regarding a rezoning for 38.43 acres (Property ID#69842) located at the Northwest intersection of FM 1103 and Orth Avenue, from the current zoning of Neighborhood Commercial (C-1) to Multi -Family (MF -1). Mayor Allen opened the public hearing at 6:49 p.m. Staff briefed the City Council on the item. Mayor Allen asks if anyone would like to speak on this item. The following individuals spoke: Ms. Tammy Frienhahn spoke on her concern with the entrance off FM 1103 and felt there was no way to turn in and no adequate entrance. The emergency exit is a private street that is owned by her family. With 160 duplexes approximately 320 people and approximately 600 additional cars everyday on streets that can't handle the traffic now. Mr. David Rodriquez stated that traffic is already a problem. He states he against the location not the housing. Mr. Jeff McGlothin stated don't let Cibolo become the next Portland, Oregon. Mayor Allen closed public hearing at 7:01 p.m. D. The City of Cibolo City Council will hold a public hearing to hear public testimony regarding an ordinance amending UDC Article 4 "Zoning Regulations" "Old Town Mixed Use Overlay District Regulations" and adding a new section 4.7.4.4.4 "Nonconforming residential structures and lots" to establish special nonconforming structure ("grandfathering") legislation customed-tailored for the effected properties that were reclassified by Ordinance 1395. Mayor Allen opened the public hearing at 7:01 p.m. Ms. Lee briefed the council on this item. Mayor asks if anyone would like to speak on the item. Mr. David Rodriquez had one question and that was if a homeowner would be able to add on to their property. No one else wish to speak and Mayor Allen closed the public hearing at 7:06 p.m. 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. 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 mimicsna.cibolotx.eov and vehanman6Wbolota.gov or telephone 210-566-6111 before 5:00 pm the date of the meeting. The following individuals signed up to speak at this meeting. 2 Carole Herr spoke on the Senior Center and the need for volunteers to deliver Meals of Wheels to Seniors in the Cibolo, Schertz, and Marion area. Volunteers can sign up for once a month or several times a month. Routes take approximately one hour, and it is Monday thru Friday. Ms. Herr had a flyer with information passed out to each councilmember and ask if they could get the word out to the citizens. John Rodriquez ask council if they could look at the policy covering the City Parks and allowing citizens to use the parks as they are tax paying citizens. David Rodriquez just wanted to thank all the councihnembers for serving their community. Jeff McGlothin first congratulated Councilwoman Sanchez -Stephens on her election. He also stated that members of District five want to each out to you but don't want to deal with Les trying to bait them into a fight like he did during the campaign. Joel and Terrance no one is intimidated by you trying to threaten someone to resign. There will be political fallout and good luck on your next reelection. Kara Heasley read by the City Secretary. Ms. Heasley states that she was initially opposed to the rezoning but after speaking with Mr. Van Nest she now is in favor of the rezoning. She feels that a self -storage facility will have a lesser negative impact on the surrounding homes than just about anything else that could or would be developed there. 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 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 June 13, 2023. B. Approval of the Final Plat of Venado Crossing Subdivision Unit 4. C. Approval of the Final Replat of Cibolo Valley Ranch Subdivision Unit 1. Councihnembers Benson, Hicks, and Cunningham all would like item 8C. pulled from the consent agenda for further discussion. Councilwoman Cunningham made the motion to approve 8A and 8B. Motion was seconded by Councilman Roberts. For: All; Against: None. Motion carried 7 to 0. Item 8 C. This item was discussed especially the parking issue and the parking towards the homes at the back of the business. Questions were answered by both the developer and staff. Councilman Hicks made the motion to approve the Final Replat of Cibolo Valley Ranch Subdivision Unit 1. 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. 9. Staff Update a. Recruitment process — Police first round interviews this week, CIP Manager starts July. b. RFQs and RFPs — Public Works Facility will return to council during the 5 Year CIP update on July 11, 2023. Award of the contract will be in September. Animal Service Facility staff will work with Council on next step. c. CIP Update — Main Street staff will install crosswalk in next 3 0 days. Cibolo Valley Drive is scheduled to be completed in August prior to the start of school. Haeckerville Rd./Town Creek Drainage Phase 11 remains on schedule to be completed by December 2023. PW Facility on schedule to be completed mid-September. City Hall Remodel — Walk through by City Council prior to the Council meeting on June 27a'. Tolle Rd. this project has been re-evaluated council will discuss more after the 5 Year CIP is completed. Dean, Lower Sequin, and Bolton Road Repairs are proceeding with final construction plans and should be done in August. Town Creek Trail staff is working with City Engineer to submit an application to TxDOT. Submit application by summer and finalize construction plan this summer. UPRR Railroad Crossing — Mayor, Mayor Pro Tem, and Staff met with TxDOT representatives about proceeding with both Main Street and Country Lane safety improvements d. Budget Workshop #1—The information council did at this workshop will be brought back to Council at the meeting on July 11th to seek direction. e. Redistricting Survey Update - Redistricting survey has had 39 responses with 27 for Map 1 and 12 for Map 2. f. Comp Plan Update and Recap of Open House — Held June 20th and 20 members attended. g. Bandit Sign Enforcement — Staff continues to see compliance from home builders. B. Fire Department —In packet 10. Ordinances A. Approval/Disapproval of an Ordinance of the City of Cibolo amending UDC Article 4 "Zoning Regulations" Section 4.7.4.4 "Old Town Mixed Use Overlay District Regulations" and adding a new section 4.7.4.4.4 "Nonconforming residential structures and lots". Councilwoman Cunningham made the motion to approve the Ordinance of the City of Cibolo amending UDC Article 4 "Zoning Regulations" Section 4.7.4.4 "Old Town Mixed Use Overlay District Regulations" and adding a new section 4.7.4.4.4 "Nonconforming residential structures and lots". Motion was seconded by Councilman Benson. A roll call vote was taken. Councilman Hetzel — No, Councilwoman Sanchez -Stephens — Yes, Councilwoman Cunningham — Yes, Councilman Mahoney — Yes, Councilman Roberts —No, and Councilman Benson — Yes. Councilman Hicks recused himself from the vote. Motion carried 4 to 2 to 1. 11. Discussion/Action A. Discussion/Action on a Small Business Award named for former Mayor Sam Bauder. This award would be given each year to a small business that meets the criteria that council will put in place for the award. Mr. Stosh Boyle explained to the City Council what he was trying to achieve with this award. He did say it would not be just for a small business but any business that goes above and beyond for the City of City. Council would come up with the criteria for the award. Council gave direction for staff to work on this and bring something back to, council at a later date for approval. B. Discussion/Action on allowing the POW WOW to utilize the Multi -Event Center and other city property on November 4 and 5, 2023. Mr. Boyle briefed the City Council on the POW WOW and ask council for the dates of 3, 4, and 5 of November 2023 for the Multi -Event Center. He also would like the ability to use the tent, tables, benches, barricades, stage, and other miscellaneous items. Mayor Boyle also stated that during the budget workshops maybe the city could make a donation to the POW WOW. Staff also stated that this might be an opportunity for the history committee to get involve with. Councilman Hicks made the motion to approve the dates and items for use at the POW WOW. Motion was seconded by Councilman Roberts. A roll call vote was taken. Councilman Hicks — Yes, Councilman Hetzel — Yes, Councilwoman Sanchez -Stephens — Yes, Councilwoman Cunningham — Yes, Councilman Mahoney — Yes, Councilman Roberts — Yes, and Councilman Benson — Yes. Motion carried 7 to 0. C. Discussion/Action on dedicating a tree in memory of former Mayor Sam Bauder. Councilwoman Cunningham made the motion to approve dedicating a tree in memory of former Mayor Sam Bauder. Motion was seconded by Councilman Hicks. 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. D. 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 appoint Ms. Roberts to the Parks Committee. Motion was seconded by Councilman Robert. A roll call vote was taken. Councilman Hicks — Yes, Councilman Hetzel — Yes, Councilwoman Sanchez -Stephens — Yes, Councilwoman Cunningham — Yes, Councilman Mahoney — Yes, Councilman Roberts — Yes, and Councilman Benson — Yes. Motion carried 7 to 0. Councilwoman Sanchez -Stephens made the motion to appoint Ms. Fishback to the Planning & Zoning Commission. It was pointed out to her that the District 5 seat of P&Z was already filled by Mr. Cooper. Councilwoman Sanchez -Stephens than made the motion to remove Mr. Cooper on the grounds of incompatibility. The City Attorney informed Councilwoman Sanchez -Stephens that this was not on the agenda. Councilman Mahoney had an opening on P&Z for District 3 and was willing to give his vacant seat to Councilwoman Sanchez - Stephens. Councilwoman Sanchez -Stephens than made a new motion to appoint Ms. Fishback to the P&Z representing District 3. Motion was seconded by Councilman Hicks. A roll call vote was taken. Councilman Benson — Yes, Councilman Roberts — No, Councilman Mahoney — Yes, Councilwoman Cunningham — Yes, Councilwoman Sanchez -Stephens — Yes, Councilman Hetzel — Yes, and Councilman Hicks — Yes. Motion carried 6 to 1. E. Discussion/Action regarding the Preliminary Plat for FM 78 — John Subdivision. Councilman Hicks made the motion to approve the Preliminary Plat for FM 78 — John Subdivision. Motion was seconded by Councilman Mahoney. A roll call vote was taken. Councilman Hicks — Yes, Councilman Hetzel — Yes, Councilwoman Sanchez -Stephens — Yes, Councilwoman Cunningham — No, Councilman Mahoney — Yes, Councilman Roberts — Yes, and Councilman Benson — Yes. Motion carried 6 to 1. F. Discussion/Action on a Green Valley Special Utility District (GVSUD) sub -committee. Councilwoman Cunningham made the motion to appoint Mayor Allen, Councilman Hetzel, and Councilman Roberts to the Green Valley Special Utility District (GVSUD) sub- committee. Motion was seconded by Councilman Roberts. A roll call vote was taken. 5 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. G. Presentation/Actionfor City Council to consider accepting a donation from the Hinze Family for the preservation of Cibolo's Downtown Historic District. This item was briefed by Mr. Terry Hinze. He did let Council know that there would be some restoration that would need to be done on the surrey. The surrey is a four -wheeled carriage that can accommodate four people with a canopy top. Council talked about where it could be stored or placed on display. Council talked about the Tolle property. Council would also like to get the Historic Committee involved in these discussions. H. Presentation/Discussion/Action on a Telework Policy. This item was briefed by Mr. Knott. Councilwoman Cunningham made the motion to approve a Telework Policy and have staff bring a change to the Personnel Policy back to council for approval and signature. Motion was seconded by Councilwoman Sanchez - Stephens. A roll call vote was taken. Councilman Benson — No, Councilman Roberts — No, Councilman Mahoney — Yes, Councilwoman Cunningham — Yes, Councilwoman Sanchez - Stephens — Yes, Councilman Hetzel — No, and Councilman Hicks — No. Motion failed 3 to 4. I. Discussion of Insurance Service Organization (ISO) Maps. Chief Troncoso gave a briefing on the ISO Maps and how the rating is performed and what is required for each rating. Chief Troncoso also informed council that he has requested a new a new evaluation as the last Cibolo rating was 2026. J. Discussion on City Charter Section 4.04 City Attorney item (2) (A), (B), and (C). This item will be brought back to council in executive session on July 11, 2023. K. Discussion from Councilmembers that have attended seminars, events, or meetings. Councilman Hicks — Attended Legislative Updates. Councilman Mahoney attended HOA Meeting and the AACOG Newly Elected Official Orientation. Councilwoman Cunningham attending the HOA Knowledge Series, Comprehensive Plan Open House, Council Sub - Committee on Ordinances, and Old Town Alliance Meeting. L. Discussion on items the City Council would like to see on future agendas. Parks Policy on the ability for individuals or groups to use City Parks when not reserved. M. 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. No discussion. Calendars for June and July were in the City Council Packet, 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 Texas Gov't Code Section 551.087, Economic Development to discuss the following: A. Economic Development Updates. B. Discussion regarding City initiated downtown legislative rezone that became effective March 28, 2023, and possible rezoning of some properties. This item was moved to earlier in the agenda. Council convened into Executive Session at 8:44 p.m. 13. Open Session Reconvene into Regular Session and take/or give direction or action, if necessary, on items discussed in the Executive Session. Council returned into Regular Session at 9:09 p.m. No action taken. 14. Adjournment Councilman Hicks made the motion to adjourn the meeting at 10:47 p.m. Motion was seconded by Councilman Hetzel. For: All; Against: None. Motion carried 7 to 0. PASSED AND APPROVED THIS 11TH DAY OF JULY 2023. Mark Allen Mayor A eggy Cimics, City Secretary