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Min CC 9/26/2023CIBOLO CITY COUNCIL NOBLE GROUP EVENT CENTER 203 S. Main Cibolo, Texas 78108 September 26, 2023 6:30 p.m. to 10:00 p.m. Minutes 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 — The Girl Scouts led all those in attendance with the Pledge of Allegiance. 5. Proclamations A. Proclamation for Domestic Violence Awareness Month The Proclamation was read by Councilman Roberts. Aston Story along with a group of individuals from the Domestic Violence Shelter received the Proclamation from Councilman Roberts and Mayor Allen. B. Proclamation for National Night Out (Police Chief Andres) The Proclamation was read by Councilman Mahoney. Chief Andres and many first responders that were present received the Proclamation from Councilman Mahoney and Mayor Allen. 6. Public Hearing A. 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. The public hearing was opened by Mayor Allen at 6:47 p.m. Mr. Smith spoke and stated that he was in favor of the annexation. Mayor closed the public hearing at 6:48 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 pcimicsOMbolotx.¢ov and vchapman6iWbolotz.eov or telephone 210-566-6111 before 5:00 pm the date of the meeting. The following individuals signed up to speak during this item. Mr. Hughes spoke on different areas that he might be able to help the city with. He spoke on an event that helps those in need with getting smoke detectors. Mr. Martinze from Congressman Cuellar office spoke on service that Congressman Cuellar could help the City of Cibolo with. Mr. Martinez passed out a Constituent Service Guide to the City Council. 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 September 12, 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. 9. Staff Update A. Administration a. City Town Hall Meeting — City Manager will be sending out to Council the topics we had at the last Town Hall. Council will receive a survey to rank the topics. Ms. Cimics will send Council dates for the Town Hall. Which ever date is best for the majority of Council that will be the date we will schedule the Town Hall. b. HOA Knowledge Workshop #2 —13 residents have registered for this event. Event will be open to anyone that shows up. c. RFQs and RFPs — The City Attorney/Legal Services RFP is out, and deadline is October 2"d to receive. d. CEP Update — Mr. Reed went over the Town Creek Trail. Total project is estimated at $IAM and the City's portion would be about 38% or $525,529. Cibolo Valley Drive - D&D are scheduled to complete asphalt repaving due to standing water in several areas of CVD. These areas include Bentwood Ranch Drive intersection, an area north of Borgfeld Road and a small area near Kove Lane. B. Fire Department C. Public Works Department 10. Resolution A. Approval/Disapproval of a Resolution of the City of Cibolo on the annexation of approximately 245 acres of land into the boundaries of Guadalupe County Municipal Utility District No. 6 (GCMUD #6). Council recessed into Executive Session on this item as authorized by the Texas Gov't Code Section 551.071, Consultation with Attorney. Time: 7:25 p.m. Council reconvened into regular session at 8:05 p.m. Councilman Benson made the motion to deny a Resolution of the City of Cibolo on the annexation of approximately 245 acres of land into the boundaries of Guadalupe County Municipal Utility District No. 6 (GCMUD #6). Motion was seconded by Councilman Mahoney. Mayor Allen called for a roll call vote. 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 to Deny 6 to 1. 11. Discussion/Action A. Discussion/Action on an Interlocal Government Agreement (ILA) between Texas State University (TSU) and the City of Cibolo for a Resident Survey. Councilwoman Cunningham made the motion to approve an Interlocal Government Agreement (ILA) between Texas State University (TSU) and the City of Cibolo for a Resident Survey with a change to attachment 1 to read: Invoice for payment in full will be send upon submittal of the final report or before 03/01/24. 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. B. Discussion/Action on City Council casting votes for Guadalupe Appraisal District Board of Directors Election. Councilman Hicks made the motion for Letticia Sever as Cibolo's nominee for Guadalupe Appraisal District Board of Directors Election. Motion was seconded by Councilwoman Cunningham. 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 on a proposed rate increase for Solid Waste Services for FY24 by Republic Services. Republic Services Mr. Armstrong spoke to the Mayor and Council on the Solid Waste proposed rate increase. Also discussed by Mr. Armstrong was going with a automatize system. Mayor stated that the City will be doing a survey with the citizens on if they would like to have trash service twice a week all year. The Mayor would like to wait for the results of this survey before they make a decision on an increase. Mr. Armstrong will work with Mr. Reed on the structure of the question that will be on the survey. E D. Discussion/Action on the Final Plat of Cibolo Creek Center Subdivision. Councilman Hicks made the motion to deny the Final Plat of Cibolo Creek Center Subdivision due to outstanding comments. Motion was seconded by Councilwoman Cunningham. A roll call vote was taken. Councilman Benson — Yes, Councilman Roberts 0 Yes, Councilman Mahoney — Yes, Councilwoman Cunningham — Yes, Councilwoman Sanchez -Stephens — Yes, Councilman Hetzel — Yes, and Councilman Hicks — Yes. Motion carried 7 to 0. E. Discussion/Action on the Replat of Lot 4 of Mesa at Turning Stone C7. Councilman Hicks made the motion to approve the Replat of Lot 4 of Mesa at Turning Stone C7. Motion was seconded by Councilman Benson. For: All; Against: None. Motion carried 7to0. F. Discussion on status of Amendment of the Future Throughfare Map and to include a review of the road in Buffalo Crossing and elimination of the Toll Road. Staff have been working with the consultant Kimerly Horn on the Future Throughfare Map. The Master Plan Committee will meet in November, and they will be working on the map. Once the Master Plan has completed their work City Council will see a new map for approval. G. Discussion/Action to remove the Conditional Use Permit (CUP) from the SF -2 zoning. This item will be sent to the Planning & Zoning Commission to review and make a recommendation to the City Council. H. Discussion/Action on the process for the RFPs for Legal Services once they are received by the city. Mr. Reed explained how we normally receive and open RFPs and asked the council what procedure they would like for this item. The council agreed that the City Secretary will receive all bids as is done on all RFPs. Ms. Cimics will take two copies of each RFP out and both Mr. Reed and Ms. Cimics will use the check sheet to make sure all applicants have met the requirements as required by the RFP. Their will be an executive session on October 10 for the Council to receive their packets and Mr. Reed and Ms. Cimics will inform the council if any of the RFP's were not acceptable as they did not meet the requirements in the RFP. The council will have two weeks to look over all the RFP's. On October 24`h the council will meet in executive session to score the RFP's. Ms. Samuelson the Procurement Specialist for the city will also be present at this time to make sure the city is following all procurement laws and to help the council with the scoring process. Once scored the council will let the City Secretary know which applicants the council would like to interview. The council would like no other members of staff to receive the bids. I. Discussion from Councilmembers that have attended seminars, events, or meetings. Councilman Hicks attended Commissioners Court and MPO Meeting. Councilwoman Cunningham attended the Car Seat Check that involved the cities of Cibolo, Schertz, and Selma. Councilman Mahoney attended the School District Safety Committee. Councilwoman Sanchez -Stephens attended the Chamber Luncheon and also did a walk through of NE Lake View College. J. Discussion on items the City Council would like to see on future agendas. A few of the council members stated that they would send their request in or that they had already sent their item to the city secretary. K. 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. The council went over the calendar and Ms. Cimics reminded the council of several upcoming events in the city. 12. Ordinances A. Approval/Disapproval of an Ordinance of the City of Cibolo regarding a variance for 504 Pfeil Road regarding sidewalks per Sec. 18.17.A of the UDC. B. Approval/Disapproval of an Ordinance of the City of Cibolo amending the City's Fee Schedule for Fiscal Year 2024. C. Approval/Disapproval of an Ordinance of the City of Cibolo concerning an amendment to Chapter 2 of the City's Code of Ordinances to remove the reference of one member from the Street and Drainage Committee from the Unified Development Code Committee. D. 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 and by motion authorizing the Mayor to sign a Non -Annexation Agreement for the subject property. E. Approval/Disapproval of an Ordinance of the City of Cibolo providing for the Disannexation of approximately 2.289 acres located at 545 Sea Willow Drive, legally described as ABS: Jose Flores 2.289 acres, from the City Limits. All items under number 12 (Ordinances) were moved to after the Executive Session item 13 When council convened back into regular session Councilwoman Cunningham made the motion to table items 12 A through E until the October 10`h Council meeting do to the time and no action items could be voted on. Motion was seconded by Councilman Benson. For: All; Against: None. Motion carried 7 to 0. 13. 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. Economic Development Updates, Project Char, and Project Gateway. B. Possible negotiations for a conservation easement between the City of Cibolo, Joint Base San -Antonio, and property owners at or near Old Wiederstein Road. C. Update on Cibolo Lawsuits a. Legros v. City of Cibolo b. Meritage Homes of Texas LLC v. City of Cibolo c. Green Valley SUD v. City of Cibolo d. Superior Ready Mix of Texas, LLC v. City of Cibolo This item was moved to after item 11 K. Council went into Executive Session on the above items and item 12 D & E as authorized by the Texas Gov't Code Section 551.071, Consultation with Attorney. 14. 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 10:43 p.m. No action was taken. 15. Adiournment Councilman Benson made the motion to adjourn the meeting at 10:45 p.m. Motion was seconded by Councilwoman Cunningham. For: All; Against: None. Motion carried 7 to 0. OVED THIS 10TH DAY OF OCTOBER 2023. Mark Allen Mayor ATTEST Peggy Cimics, TRMC City Secretary