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Min CC 8/22/2023rcxf's •agaoww CIBOLO CITY COUNCIL NOBLE GROUP EVENT CENTER 203 S. Main Cibolo, Texas 78108 August 22, 2023 6:30 p.m. to 11:00 p.m. MINUTES Call to Order — Mayor Allen called the meeting to order at 6:31 p.m. 2. Roll Call and Excused Absences — Members Present: Mayor Allen, Councilman Hicks, Councilman Hetzel, Councilwoman Sanchez -Stephens, Councilwoman Cunningham, Councilman Mahoney, Councilman Roberts, and Councilman Benson. 3. Invocation — Councilwoman Sanchez -Stephens 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 next meeting. 6. Public Hearing A. 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 6:46 p.m. Mr. Reed gave a short briefing. No one wish to speak on this item and Mayor Allen closed the public hearing at 6:49 p.m. B. The City of Cibolo City Council will conduct a public hearing to hear public testimony regarding a variance request to UDC Sec. 8.3.2.A.4, to reduce the transparency requirements from 20% to 9%, for certain real property located at 2432 FM 1103, legally described as Turning Stone Unit C10 Block 3 Lot 38 2.265 acres. Mayor Allen opened the public hearing at 6:51 p.m. No one spoken on this item and Mayor Allen closed the public hearing at 6:52 p.m. C. The City of Cibolo City Council will conduct a public hearing to hear public testimony regarding a rezoning for 0.32 acres located at 504 North Main Street, legally described as LOT 4 ADDN: NORTHSIDE-CIBOLO, from the current zoning of Medium Density Single - Family Residential (SF -4) District to Community Retail/Service (C-2) District. Mayor Allen opened the public hearing at 6:53 p.m. No one spoke on this item and Mayor Allen closed the public hearing at 6:54 p.m. D. The City of Cibolo City Council will conduct a public hearing to hear public testimony regarding a rezoning for 5 acres of property located at 322 Grandkid Lane, legally described as ABS: 210 SUR: JERONIMO LEAL 5.000 acres, from the current zoning of Low Density Single -Family Residential (SF -2) District to Agricultural — Homestead District. Mayor Allen opened the public hearing at 6:55 p.m. No wish to speak and the Mayor closed the public hearing at 6:56 p.m. E. The City of Cibolo City Council will conduct a public hearing to hear public testimony regarding a rezoning for 5 acres of property located at 210 Tolle Road, legally described as ABS: 210 SUR: JERONIMO LEAL 5.000 acres, from the current zoning of Low Density Single -Family Residential (SF -2) District to Agricultural — Homestead District. Mayor Allen opened the public hearing at 6:57 p.m. No one spoke on this item and Mayor Allen closed the public hearing at 6:57 p.m. F. The City of Cibolo City Council will hold a public hearing to hear public testimony regarding a Conditional Use Permit (CUP) request to allow Convenience Storage use for 5.2 acres located south of the intersection of Dobie Boulevard and W. Borgfeld Road, Property ID #144902, legally described as: Cibolo Kingdom Hall, Lot 2, 5.2050 acres. Mayor Allen opened the public hearing at 6:59 p.m. No one wish to speak on this item and Mayor Allen closed the public hearing at 6:59 p.m. G. The City of Cibolo City Council will conduct a public hearing to hear public testimony regarding a request to disannex 2.289 acres located at 545 Sea Willow Drive, legally described as ABS: 134 SUR: Jose Flores 2.289 acres. Mayor Allen opened the public hearing at 7:01 p.m. Mr. Zunker spoke on how he felt he was annex in the city incorrectly. He would like to be disannex as he stated that he is the only person on Sea Willow Drive that is in the city. He also stated that he was never given the opportunity to sign an annexation agreement and that his residence is also some distance from the boundary line. Mayor Allen closed the public hearing at 7:05 p.m. H. The City of Cibolo City Council will conduct a public hearing to hear public testimony regarding an annexation request for 57.603 acres located between Bolton Road and IH -10 West of certain real property, legally described as ABS: 141 SUR: F GARCIA 56.2096 acres. Mayor Allen opened the public hearing at 7:07 p.m. No one spoke on this item and Mayor Allen closed the public hearing at 7:07 p.m. I. The City of Cibolo City Council will conduct a public hearing to hear public testimony regarding a Conditional Use Permit (CUP) request to allow Concrete Asphalt Batching Plant (Permanent) use for certain real property located at 146 Motts Parkway, legally described as MOTT'S COMMERCIAL LOT #7 1.97 acres. Mayor Allen opened the public hearing at 7:10 p.m. The following individuals spoke on this item. Mr. McKnight stated that the Concrete Asphalt Batching Plant is trying to correct all the items that are required to be corrected. They employ over 60 individuals, and many are residents of Cibolo. Mr. McKnight also talked about the economic investment this plant has to Cibolo. Mr. O'Finan said he was here to correct many of the things that were said at the P&Z by individuals that were false. The plant is not on well water they get water from GVSUD. The noise had been taken care of months age. Mr. O'Finan stated that this plant puts 10 million dollars into this community. They employ 60 employees which 50% are Cibolo residents. This plant is not causing the program Mr. O'Finan stated it is the construction on IH -10 that is causing the dust and noise. Ms. Smith gave her 3 minutes to Mr. Smith. Mr. Smith had the City Secretary pass out a packet to each member of council. The packet had pictures and also the Health and Safety Code and Standard Permits for Concrete Plants. He talked about the potential hazard to the general public, health, safety, and welfare. Mr. Smith stated that the Cibolo UDC states that no land or building shall be used or occupied for a use which will create an unreasonable potential hazard to the general public. Mr. Shaefer was opposed to the zoning change for the concrete plant. He states that cement contains materials such as, aluminum oxide, iron oxide, magnesium oxide, calcium oxide, chromium compounds, slags , and other ferrous. Mr. Schaefers is concerned that if concrete wash water is not contained by an impervious liner, then the ground water could become polluted. Mr. Villanueva was opposed to the concrete plant because of chemicals and dust. He also stated that money drives the train, but health of individuals is more important. Mr. Loeffler spoke in opposition to any permits for the batch plant. He stated that they have not been respectful of the surrounding property owners whatsoever. They operate at all hours. Mr. M. Mott had pictures that were given to council showing all the dust and trucks just releasing wet cement from the trucks onto the pavement. Mr. Calhoun had a number of pictures that were given to council. Pictures showed the cement silica dust that is being released from the 40 — 50 ft. towers. Picture also showed dust from the towers blowing towards Mr. Calhoun's residence. Ms. Mathis stated that the Cement Plant employs 60 people and many live in Cibolo as she does. Ms. Mathis stated that she just bought her first house, and she loves her job. The company takes care of their employees as they pay 100% of the cost for each person to have medical insurance. Ms. Mathis stated they don't just make concrete we make homes, buildings, foundations, and sidewalks. Ms. Latimer states that the city has tried to mix commercial and residential, and it doesn't work. We did this in the old town. Ms. Latimer states if you CUP you restrict, and this is what happens. Ms. Shively is an employee of the cement plant and doesn't want to be homeless again. She stated that the company takes care of their employees. Public hearing was closed by Mayor Allen at 7:47 p.m. J. The City of Cibolo City Council will conduct a public hearing to hear public testimony regarding a rezoning for 38.43 acres out of ABS: 277 SUR: J N RICHARDSON 42.561 acres, located at the 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 7:49 p.m. Mr. DeBoe spoke on this item. Mr. DeBoe stated that people that bought homes near FM 1103 and Orth Ave. were promised ej large homes and nice views. His mother has a home 200ft from the applicant. He opposes this rezoning. Public hearing was closed at 7:52 p.m. 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 tivestreamed. 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 pcimicsna,cibolotx.gov and vchayman6Wbolotx.gov or telephone 210-566-6111 before 5:00 pm the date of the meeting. The following people spoke during Citizens to be Heard: Mr. DeBoe stated that he lives near Foxbrook. When individuals moved into their homes in this area, they were promised nice views, large homes and apartments in this area would take all that away from the residents that live in this area. Mr. DeBoe's mother lives 200 ft. from the applicant. The City Secretary read the next two items that were sent in to be read at this meeting. Ms. Tovar wrote in opposition to any permitting for Superior Ready Mix. She states that this business has been a nuisance to the community. They have brought dust pollution, light and noise pollution, speeding trucks, and dumping waste into unapproved areas. Ms. Tovar urges council to deny the permitting request and show the community member's matter. Mr. J. Mott is opposed to the permitting of the batch plant. He stated that in May TCEQ had requested that they correct the damages to his property but as of this meeting it has not been done. 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 August 8, 2023. B. Approval of the June 2023 Check Register pending final acceptance of the City's financial audit for the 2022/2023 fiscal year. C. Approval of the June 2023 Revenue and Expense Report pending final acceptance of the City's financial audit for the 2022/2023 fiscal year. D. Approval of the Quarterly Investment Report ending June 31, 2023. Councilman Benson made the motion to approve the consent agenda. Motion was seconded by Councilwoman Cunningham. For: All; Against: None. Motion carried 7 to 0. 9. Staff Update A. Administration a. RFQs and RFPs — Architectural Services on the agenda today and RFP for Legal Services is on the agenda for direction. b. CIP Update — CVD nearly completed. Contractor will be at the September meeting. Haeckerville Road Project is moving forward. City Hall Remodel is continuing and will setup another walk-thru with council in September. Public Works has some HVAC problems, but project is still continuing. c. Citizen Survey — Survey will be briefed at a later date. B. Fire Department — In packet. 10. Ordinances A. Approval/Disapproval of an Ordinance of the City of Cibolo redistricting the City's single member city council districts in compliance with the November 2021 voter -approved charter amendment converting the City Council from seven (7) single member districts to four (4) single member districts and three (3) at large members based on the 2020 Census. Councilman Hicks made the motion to approve an Ordinance of the City of Cibolo redistricting the City's single -member city council districts in compliance with the November 2021 voter -approved charter amendment converting the City Council from seven (7) single member districts to four (4). single member districts and three (3) at large members based on the 2020 Census utilizing Map 2A. Motion was seconded by Councilman Hetzel. For: Councilman Benson — Yes, Councilman Roberts — No, Councilman Mahoney — No, Councilwoman Cunningham — No, Councilwoman Sanchez -Stephens — No, Councilman Hetzel — Yes, and Councilman Hicks — Yes. Motion failed 3 to 4. Councilwoman Cunningham made a motion to an Ordinance of the City of Cibolo redistricting the City's single -member city council districts in compliance with the November 2021 voter -approved charter amendment converting the City Council from seven (7) single member districts to four (4) single member districts and three (3) at large members based on the 2020 Census utilizing Map IA. 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. 11. 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, Animal Advisory Board, and all other Committees, Commissions and Boards. Councilman Hicks made the motion to appoint Ms. Dodd to the Board of Adjustments. 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 7 to 0. 5 Councilman Hicks made the motion to appoint Ms. Dodd to the Planning & Zoning Commission, Place 3. Councilman Mahoney did not have a problem with Ms. Dodd filling this position for his district. The 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. Councilman Roberts made the motion to appoint Ms. McDaniel to the Board of Adjustments. 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. Councilman Roberts made the motion to appoint Mr. McGlothin to the Board of Adjustments. 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. Councilwoman Cunningham made the motion to appoint Mr. Wilmeth to the Parks Commission. Motion was seconded by Councilman Benson. 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. Discussion/Action on the approval of two policies: a City Athletic Field and Pavilion Usage Policy and a Non -Reserved Park Usage Policy. Councilman Hicks made the motion to approve two policies: a City Athletic Field and Pavilion Usage Policy and a Non -Reserved Park Usage Policy. 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. C. Discussion/Action on proposed rate increase for Solid Waste Services for FY 24 by Republic Services. Councilwoman Cunningham made the motion to table this item until September. Motion was seconded by Councilman Hicks. For: All; Against: None. Motion carried 7 to 0. D. Discussion/Action on the 2"d Amendment to the Southern Plant Wastewater Services and Funding Agreement and authorizing the City Manager to sign the Agreement. Councilwoman Cuningham made the motion to approve the 2"d Amendment to the Southern Plant Wastewater Services and Funding Agreement and authorizing the City Manager to sign the Agreement. Motion was seconded by Councilman Hicks. 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. 0 E. Discussion/Action on funding $600,000 in FY 24 for the Pavement Maintenance Project and $175,000 In FY 24 for an updated Pavement Condition Survey. Councilman Hicks made the motion to fund $600,000 in FY 24 for the Pavement Maintenance Project and to move the $175,000 in FY 24 to road projects. Motion was seconded by Councilman Roberts. Councilman Benson — Yes, Councilman Roberts — Yes, Councilman Mahoney — Yes, Councilwoman Cunningham — No, Councilwoman Sanchez - Stephens — Yes, Councilman Hetzel — Yes, and Councilman Hicks — Yes. Motion carried 6 to 1. F. Discussion/Action authorizing the City Manager to negotiate a contract for engineering/Architectural Design Services for Public Safety Facility/Fire Station 4. Councilwoman Cunningham made the motion to authorize the City Manager to negotiate a contract for engineering/Architectural Design Services for Public Safety Facility/Fire Station 4. 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. G. Discussion and direction to staff on preparing a service plan and schedule for annexation of 57.603 Acres located between Bolton Road and IH -10 West. Council gave direction to bring this item back for action at the October 10`h Council Meeting. H. Discussion/Action on the City Attorney/Legal Services RFP criteria and selection process. Council gave direction that all interviews will be done by the full City Council. I. Discussion/Action on continuing the medical insurance for employees for FY 24 with Blue Cross Blue Shield and to move both the vision and dental insurance to United Health Care for FY 24. Council gave direction to continue with Blue Cross for medical coverage. Dental and vision will change from Blue Cross to United. J. Discussion/Action regarding the Final Plat of Buffalo Crossing II Knights Crossing. Councilwoman Cunningham made the motion to deny the Final Plat of Buffalo Crossing II Knights Crossing. Motion was seconded by Councilman Roberts. For: All; Against: None. Motion carried 7 to 0 to deny. K. Discussion/Action regarding the Preliminary Plat of Venado Crossing Unit 5. Councilman Roberts made the motion to deny the Preliminary Plat of Venado Crossing Unit 5. Motion was seconded by Councilman Hicks. Councilman Hicks — Yes, Councilman Hetzel — No, Councilwoman Sanchez -No, Councilwoman Cunningham — No, Councilman Mahoney — Yes, Councilman Roberts — Yes, and Councilman Benson — No. Motion failed 3 to 4. Councilwoman Cunningham made the motion to approve the Preliminary Plat of Venado Crossing Unit 5. Motion was seconded by Councilwoman Sanchez -Stephens. Councilman Benson — Yes, Councilman Roberts — No, Councilman Mahoney — No, Councilwoman Cunningham — Yes, Councilwoman Sanchez -Stephens — Yes, Councilman Hetzel — Yes, and Councilman Hicks — No. Motion carried for approval 4 to 3. L. Discussion/Action regarding the Final Plat of Saddle Creek Unit 9. Councilman Hetzel made the motion to approve the Final Plat of Saddle Creek Unit 9. Motion was seconded by Councilman Mahoney. Councilman Hicks — No, Councilman Hetzel — Yes, Councilwoman Sanchez -Yes, Councilwoman Cunningham — Yes, Councilman Mahoney — Yes, Councilman Roberts — No, and Councilman Benson — No. Motion carried for approval 4 to 3. M. Discussion/Action regarding the Preliminary Acceptance of Public Infrastructure for Venado Crossing Subdivision Unit 2. Councilman Hicks made the motion to approve the Preliminary Acceptance of Public Infrastructure for Venado Crossing Subdivision Unit 2 to include: Water- 2, 312 LF total valuation of $264,922.73, Sanitary Sewer — 2, 158 LF total valuation of $204,834.86, Drainage — 2, 795 LF total valuation of $574,241.80, Street — 2, 175 LF total valuation of $395,507.44, Other (Conduits) with a total valuation of $85,440.00. Total valuation of accepted Public Infrastructure Improvements dedicated to the City of Cibolo is $1,524,946.83. Motion was seconded by Councilman Mahoney. 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. N. Discussion/Action on an Interlocal Agreement for Fire Protection Services with Guadalupe County. Councilman Hicks made the motion to approve an Interlocal Agreement for Fire Protection Services with Guadalupe County. Motion was seconded by Councilwoman Cunningham. Councilman Hicks — Yes, Councilman Hetzel — No, Councilwoman Sanchez — Yes, Councilwoman Cunningham — Yes, Councilman Mahoney — Yes, Councilman Roberts — Yes, and Councilman Benson — No. Motion carried for approval 5 to 2. O. Discussion regarding the City Manager's Proposed FY24 Budget. Mr. Reed explained all the budget questions that were sent in to include but not limited to salaries, training, ACM position, SROs in Police budget, and contracts. Council also asked if there was a way that the city could have a contract with an employee after spending a large amount of money for a certification or training to stay with the city for a certain length of time. Council also questioned the $49,000 in the budget for an ice-skating event for a couple days when we can't even fix streets. Mayor Allen thought that we might be able to find a sponsor for the ice skating. P. Discussion on the proposed updates to the FY23-27 Council Strategic Plan Implementation Matrix. This item was tabled by council and will be brought back at a later date. Q. Discussion on the opinion of Probable Costs for the renovation or construction of Niemietz Park related to a possible land exchange. KFW went over the probable construction cost estimate to renovate Niemietz Park. They also went over the probable construction cost estimates if a Land Swap was to take place. Neither 8 tree replacement and landscaping estimates were not included in these estimates and will be determined upon the final plan. R. Discussion on Water Utility Fees for Fiscal Year 2024. This item will be brought back to council on September 12`h. S. Discussion and direction to staff on the infamous trees on Cibolo Valley Drive. Council did not discuss this item and it will be placed on the next agenda. T. Discussion from Councilmembers that have attended seminars, events, or meetings. Council did not discuss this item. U. Discussion on items the City Council would like to see on future agendas. Council did not discuss this item. V. 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. This item was in the Council's packet for review. 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, 551.087 Economic Development, and 551.074 Personnel Matters to discuss the following: A. Investigation of the Palm Field Subdivision and CUP for 4164 Lower Seguin Road. B. Project Char, Project Gateway, and Economic Development Updates. C. Discuss the duties of the City Manager. Council convened into Executive Session at 8:33 p.m. 13. Onen 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 10:18 p.m. No action taken. 14. Adiournment Councilwoman Cunningham made the motion to adjourn the meeting at 12:23 a.m. Motion was seconded by Councilman Roberts. For: All; Against: None. Motion carried 7 to 0. PASSED AND APPROVED THIS 12TH DAY OF SEPTEMBER 2023. Mark Allen Mayor ATTEST Peggy Cimics, TRC City Secretary 10