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Min CC 8/8/2023OF C/ 0 {C/0 \ J C Ger O s rCx�s "City of Choice" CIBOLO CITY COUNCIL NOBLE GROUP EVENT CENTER 203 S. Main Cibolo, Texas 78108 August 8, 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, Councilwoman Sanchez -Stephens, Councilman Hetzel, and Councilman Hicks. 3. Invocation — Councilman Hicks gave the Invocation. 4. Pledge of Allegiance — All in attendance recited the Pledge of Allegiance. 5. Recognition A. Presentation to the Doty family for James "Jim" Doty for his service to his Country and City. Mayor Allen tabled this item until the August 22nd meeting. B. Presentation to the Cibolo's firefighters Lt. Jacob Hillhouse, FOA Luke Gentry, and Firefighter Brent Metzger for their quick response and lifesaving actions that resulted in saving the life of a Cibolo resident. Firefighters Lt. Jacob Hillhouse, FOA Luke Gentry, and Firefighter Brent Metzer were presented a certificate for their quick response and lifesaving actions that resulted in saving the life of a Cibolo resident. The Cibolo resident was present for the ceremony and thanked all three firefighters, the ambulance crew, and his wife who all played a part in savings his life. 6. Employees Service Awards A. Recognizing Jeremy Trimm for 10 years with the City of Cibolo. Mr. Trimm was unable to attend this meeting. The City thanks him for his 10 years with the City of Cibolo. 7. Public Hearing A. The City of Cibolo City Council will hold a public hearing to hear public testimony regarding an amendment to Article 20 of the Cibolo Unified Development Code (UDC) amending the requirement to platting for 5+ acre properties within an Agriculture -Homestead (AG) District. Mayor Allen opened the public hearing at 7:21 p.m. Mr. Mueller thanked everyone for listening to him on this matter. Mr. Harper explained that both his wife and him are looking forward to their home on this property. Mayor Allen closed the public hearing at 7:30 p.m. B. The City of Cibolo City Council will hold 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. Mayor Allen opened the public hearing at 7:24 p.m. Mr. Weber spoke on this item and stated that he was not in favor of the redistricting. He also would like to see the lines redrawn. Mr. Weber would like to see neighborhoods to stay in the same district. Mr. Weber was explained that the voters approved changing from seven (7) members districts to four (4) single members districts and three (3) at large at the November 2021 election. This public hearing is asking input on the redistricting maps. Mayor Allen closed the public hearing at 7:28 p.m. 8. 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 ncimics6Dcibolotx.eov and vchayman6Wbolotx.¢ov or telephone 210-566-6111 before 5:00 pm the date of the meeting. The following citizens spoke during this item: Mr. Twist spoke on several water issues to include watering at Schlather Park and the water going on to the streets in Buffalo Crossing. He did ask the city if they thought more about xeriscaping to save money on watering city property. Mr. Black was concerned about the Haeckerville Road and Drainage Project. He did state that he did have a meeting with Mr. Fousse and Mr. Parsons, and they did promise that the road would not be dropping 6 to 8 feet. Mr. Brown stated that he had paid a lot of money for his driveway on Haeckerville Road, and it would cost him a lot more now to replace it. Mr. Brown stated several times that he had a good meeting with Mr. Fousse and promises were made and he just wanted to go on record about the project. Mr. Weber talked about all the trash that is along Cibolo Valley Drive. He stated that he walked CVD and picked up three bags full of trash and probably could have picked up more if he had more bags. Mr. Weber also thanked the City for getting the Cibolo 2 Valley Drive Project done on time and on budget. Ms. Titterington from the Chamber stated that the Chamber Luncheon is next week, and tomorrow is the last day to register. Ms. Titterington also informed council on upcoming events and ribbon cuttings. She thanked Sebastian for all his hard work. Ms. Zunker talked about how to become a member of COSTA and she left information with the City Secretary. Ms. Hudson also was a COSTA member and told a story of a young lady that she had mentored and the success she is today. Ms. Cimics read an email from Mr. McGlothlin on conduct of our council members. He stated that some councilmembers continue to push a false narrative and publicly refuse to accept a legal opinion of a licensed attorney. Mr. McGlothlin also states that he once again implores all to start representing the citizens of Cibolo at large, not just your circle of friends. Ms. Legros had sent documents pertaining to a lawsuit she had filed and document from her attorney. The City Secretary gave each councilmember a copy of the information she provided. Ms. LeGros states that there was a hearing today and the judge will read all the briefs and will rule on the case soon. 9. 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 July 25, 2023. B. Approval of the minutes of the Budget Workshop held on July 27, 2023. Councilwoman Cunningham made the motion to approve the consent agenda. Motion was seconded by Councilman Hicks. For: All; Against: None. Motion carried 7 to 0. 10. Staff Update A. Administration a. Recruitment process — Chief of Police interviews are moving forward. b. RFQs and RFPs — Engineering/Architectural Design Services for public safety c. CIP Update — CVD is substantially complete. d. Citizen Survey — Up date in September Mr. Reed will send out an email on all the above items. B. Police Department — In packet C. Animal Services — In packet 11. Ordinances A. Approval/Disapproval of an Ordinance of the City of Cibolo repealing the curfew for minors under Chapter 50 "Offenses and Miscellaneous Provisions", Article IV "Juvenile Curfew", Section 50-41 through 50-45 in accordance with H.B. 1819 that takes effect September 1, 2023; and setting an effective date. Councilman Hicks made the motion to approve an Ordinance of the City of Cibolo repealing the curfew for minors under Chapter 50 "Offenses and Miscellaneous Provisions", Article IV "Juvenile Curfew", Section 50-41 through 50-45 in accordance with H.B. 1819 that takes effect September 1, 2023; and setting an effective date. Motion was seconded by Councilman Roberts. Mayor Allen took a roll call vote. 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. B. Approval/Disapproval of an Ordinance of the City of Cibolo providing for the Disannexation of approximately 2.227 and 2.285 acres, collectively 4.51 acres of land located at 12090 and 12420 Interstate 10 West, from the City Limits. Councilman Hicks made the motion to table the item so possible negotiations could occur with the property owner. This item will be brought back in September. Motion was seconded by Councilwoman Cunningham. Councilman Hicks — Yes, Councilman Hetzel — No, Councilwoman Sanchez -Stephens — No, Councilwoman Cunningham — Yes, Councilman Mahoney — No, Councilman Roberts — No, and Councilman Benson — Yes. Motion failed 3 to 4. Councilman Mahoney made the motion to approve the Ordinance of the City of Cibolo providing for the Disannexation of approximately 2.227 and 2.285 acres, collectively 4.51 acres of land located at 12090 and 12420 Interstate 10 West, from the City Limits. Motion was seconded by Councilman Roberts. Councilman Benson—No, Councilman Roberts—No, Councilman Mahoney — Yes, Councilwoman Cunningham — No, Councilwoman Sanchez - Stephens — No, Councilman Hetzel — No, and Councilman Hicks —No. Motion failed 1 to 6. Councilman Roberts made the motion to table this item until September 12'h. Motion was seconded by Councilman Hicks. 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 to table the item until September 12'h with a vote of 7 to 0. C. Approval/Disapproval of an Ordinance of the City of Cibolo amending the Unified Development Code (UDC), Article 20 "Subdivision Regulations", Section 20.3.17 "Development Plats to provide an exemption for certain residential development on certain agricultural lots. Councilman Hicks made the motion to approve the Ordinance of the City of Cibolo amending the Unified Development Code (UDC), Article 20 "Subdivision Regulations", Section 20.3.17 "Development Plats to provide an exemption for certain residential development on certain agricultural lots. Motion was seconded by Councilman Benson. 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. D. Approval/Disapproval of an Ordinance of the City of Cibolo regarding a variance for Sec. 18.2.11.5 of the UDC to reduce the required 60 feet right-of-way lot frontage to 51 feet for certain real property located at 1809 Green Valley Road. Councilman Hicks made the motion to approve the Ordinance of the City of Cibolo regarding a variance for Sec. 18.2.H.5 of the UDC to reduce the required 60 feet right-of-way lot frontage to 51 feet for certain real property located at 1809 Green Valley Road. Motion was seconded by Councilwoman Sanchez -Stephens. 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. E. Approval/Disapproval of an Ordinance of the City of Cibolo regarding a variance for 504 Pfeil Road to eliminate the requirement for sidewalks per Sec. 18.17.A of the UDC. The applicant requested that this item be tabled until the next meeting. Councilman Hicks made the motion to table until August 22"d meeting. Motion was seconded by Councilwoman Cunningham. For: All; Against: None. Motion carried 7 to 0. 12. Resolutions A. Approval/Disapproval of a Resolution designating certain officials as being responsible for, acting for, and on behalf of the City in dealing with the Texas Parks and Wildlife Department, for the purpose of participating in the Local Park Grant Program certifying that the City is eligible to receive program assistance; certifying that the City matching share is readily available; and dedicating the proposed site for permanent public park and recreational uses. Councilman Hicks made the motion to approve the Resolution designating certain officials as being responsible for, acting for, and on behalf of the City in dealing with the Texas Parks and Wildlife Department, for the purpose of participating in the Local Park Grant Program certifying that the City is eligible to receive program assistance; certifying that the City matching share is readily available; and dedicating the proposed site for permanent public park and recreational uses. Motion was seconded by Councilwoman Cunningham. 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. 13. Discussion/Action A. 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. Councilman Hicks made the motion to appoint Ms. Wilson to the Animal Shelter Advisory Committee. Motion was seconded by Councilwoman Cunningham. For: All; Against: None. Motion carried 7 to 0. Councilman Hicks made the motion to remove both Mr. Smith and Mr. Ragland from the Board of Adjustment as both individuals have informed the city that their jobs now required more time at work. Motion was seconded by Councilwoman Cunningham. 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. Councilwoman Cunningham made the motion to remove Ms. Falcon from the Board of Adjustment. Motion was seconded by Councilman Hicks. For: All; Against: None. Motion carried 7 to 0. 5 B. Discussion/Action to set the maximum tax rate and set the date for the public hearing on the tax rate and subsequent adoption of the proposed 2023 (FY 2024) property tax rate. Councilman Hicks made the motion to set the maximum tax rate of $0.4699 and set the public hearing on the tax rate and subsequent adoption of the proposed 2023 (FY 2024) property tax rate to September 12, 2023. Motion was seconded by Councilwoman Cunningham. 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. C. Discussion/Action to set the date for the public hearing on the Fiscal Year 2024 Proposed Budget. Councilwoman Cunningham made the motion to set the date of September 12, 2023, for the public hearing on the Fiscal Year 2024 Proposed Budget. Motion was seconded by Councilman Hicks. 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. D. Discussion/Action on authorizing the City Manager to execute a work order with Lockwood, Andrews, Newnam (LAN Engineers) to complete the required engineering (geotechnical services, surveying, designing, and construction oversight) to complete the rehabilitate of Bolton Road, Lower Seguin Road, and Dean Road in the amount of One Hundred Seventeen Thousand, Four Hundred Sixteen Dollars ($117,416). Councilman Hicks made the motion to approve authorizing the City Manager to execute a work order with Lockwood, Andrews, Newnam (LAN Engineers) to complete the required engineering (geotechnical services, surveying, designing, and construction oversight) to complete the rehabilitate of Bolton Road, Lower Seguin Road, and Dean Road in the amount of One Hundred Seventeen Thousand, Four Hundred Sixteen Dollars ($117,416). Motion was seconded by Councilman Hetzel. 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 7to0. E. Discussion/Action on authorizing the City Manager to execute work order with Lockwood, Andrews, Newnam (LAN Engineers) to complete the required engineering (geotechnical services, surveying, design, bidding, and construction oversight) to rehabilitate Green Valley Road (two Segments), Silverwing, Firdbird Run and Town Creek Road in the amount of Two Hundred Forty -Five Thousand Dollars ($245,000). Councilman Hicks made the motion to approve authorizing the City Manager to execute work order with Lockwood, Andrews, Newnam (LAN Engineers) to complete the required engineering (geotechnical services, surveying, design, bidding, and construction oversight) to rehabilitate Green Valley Road (two Segments), Silverwing, Firdbird Run and Town Creek Road in the amount of Two Hundred Forty -Five Thousand Dollars ($245,000). Motion was seconded by Councilman Hetzel. 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. 6 F. Discussion/Action to establish an Interlocal Agreement (ILA) between the City of Cibolo and the Southwest Texas Regional Advisory Council (STRAC) for the use of an electronic records management system. Councilwoman Cunningham made the motion to approve establishing an Interlocal Agreement (ILA) between the City of Cibolo and the Southwest Texas Regional Advisory Council (STRAC) for the use of an electronic records management system. Motion was seconded by Councilman Hicks. 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 7to0. G. Discussion/Action for purchase of AT&T Office@Hand cloud PBX solution from AT&T Corporation through the Texas Department of Information Resources cooperative purchasing contract # DIR-TELE-CTSA-002 in the estimated annual amount of $36,963.00 for a three (3) year contract period totaling $110,889.00. Councilwoman Cunningham made the motion to approve the purchase of AT&T Office@Hand cloud PBX solution from AT&T Corporation through the Texas Department of Information Resources cooperative purchasing contract # DIR-TELE-CTSA-002 in the estimated annual amount of $36,963.00 for a three (3) year contract period totaling $110,889.00. Motion was seconded by Councilman Mahoney. Councilman Benson — No, Councilman Roberts — No, Councilman Mahoney — Yes, Councilwoman Cunningham - Yes, Councilwoman Sanchez -Stephens — No, Councilman Hetzel — Yes, and Councilman Hicks — Yes. Motion carried 4 to 3. H. Discussion/Action regarding the GVEC POWER UP grant application for electric vehicle (EV) charging stations located at 107 S. Main St. (Project Electrode). Councilman Hicks made the motion to approve the GVEC POWER UP grant application for electric vehicle (EV) charging stations located at 107 S. Main St. (Project Electrode). Motion was seconded by Councilman Roberts. Councilman Benson — No, Councilman Roberts — Yes, Councilman Mahoney — Yes, Councilwoman Cunningham - Yes, Councilwoman Sanchez -Stephens — Yes, Councilman Hetzel — Yes, and Councilman Hicks — Yes. Motion carried 6 to 1. I. Discussion/Action regarding the Preliminary Acceptance of Public Infrastructure for Buffalo Crossing II Subdivision Unit 4. Councilman Hicks made the motion to approve the Preliminary Acceptance of Public Infrastructure for Buffalo Crossing II Subdivision Unit 4 to include: Water: 3,002LF with a total valuation cost of $312,167.39; Sanitary Sewer: 2,839LF with a total valuation of $392,103,64; Drainage: None; Street: 2,861LF total valuation of $459,166.99. Total valuation of accepted Public Infrastructure Improvements $1,168,437.91.Motion was seconded by Councilwoman Cunningham. 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. 7 J. Discussion/Action regarding the Preliminary Plat of Barsalou Estates. Councilman Hicks made the motion to approve the Preliminary Plat of Barsalou Estates. Motion was seconded by Councilwoman Sanchez -Stephens. 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. K. Discussion/Action regarding the Preliminary Plat of Homestead Unit 2. Councilman Hicks made the motion to approve the Preliminary Plat of Homestead Unit 2. Motion was seconded by Councilwoman Cunningham. 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. L. Presentation/Discussion/Direction to staff regarding the City Managers' Proposed FY24 Budget. Council went over the proposed budget. Council will send in changes or questions to the City Manager. Council will go over the proposed budget again on August 22. M. Discussion/Direction on the Niemietz Park Land Swap Letter of Intent (LOI). This item will be brought back to council at the September 12'h meeting. N. Discussion/Direction on the proposed updates to the FY23-27 Council Strategic Plan Implementation Matrix. Council will take action on the proposed FY23-27 Council Strategic Plan at the council meeting scheduled for August 22, 2023. 0. Discussion/Update on the RFP for city attorney. Staff is gathering information from other cities. The council meeting scheduled for August 22"d, council will review the criteria and selection process for the city attorney. P. Discussion on an ongoing suit by Home Rule Cities against the State on HB 2127 pre - exemption. This item was brought up by Councilman Hicks. He stated that San Antonio and Houston have filed suit on this bill. Councilman Hicks did state that he felt it was to early for Cibolo to join the suit at this time he just wanted council to be aware of HB 2127 Q. Discussion on Cibolo POW WOW changing the date from November 3`d, 4'h, and 5`h to October 20'h, 21", and 22nd Councilman Hicks stated that the POW WOW wanted to change the dates due to a conflict with an event in Houston. Council did not have a problem with the date change. R. Discussion on SB 28 money for water acquisition (approx. 10 Billion) from the State. Councilman Hicks stated that this will be going to the voters in November, and we need to encourage are citizens to vote. S. Discussion from Councilmembers that have attended seminars, events, or meetings. Councilman Hicks attended Legislative Updates and a meeting at AACOG on Planning. Councilwoman Cunningham attended the Animal Advisory Board meeting. 8 T. Discussion on items the City Council would like to see on future agendas. None at this time. 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 calendars for August and September. Everyone was reminded about the Ethics Training scheduled for August 16's and August 26`". 14. 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 551.087 Economic Development to discuss the following: A. Update regarding Project Char and other EDC projects. B. Discuss whether to accept determination of Ethics complaints reviewed by legal. Council convened into Executive Session at 8:05 p.m. to discuss the above items. 15. 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 8:40 p.m. Councilwoman Cunningham made the motion to except the legal opinion on the complaint against three councilmembers. Motion was seconded by Councilman Hetzel. For: 4; Against: None. Abstaining: 3. Motion carried 4 to 0. Councilwoman Cunningham made the motion to except the legal opinion of the city attorney concerning a complaint filed against the mayor. Motion was seconded by Councilman Hetzel. For: All; Against: None. Motion carried 7 to 0. 16. Adioumment Councilman Benson made the motion to adjourn the meeting at 11:07 p.m. Motion was seconded by Councilman Benson. For: All; Against: None. Motion carried 7 to 0. I:1iLflIN` VZOIJAI Mark Allen Mayor ATTEST �) Peggy Cimics, C City Secretary