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Min CC 10/10/2023J of Ci0 V � O • rt7[AS 'Qtyof Oaia!' CIBOLO CITY COUNCIL NOBLE GROUP EVENT CENTER 203 S. Main Cibolo, Texas 78108 October 10, 2023 6:30 p.m. to 10:30 p.m. 1611allY rl 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 those in attendance recited the Pledge of Allegiance. 5. Recognition A. Recognition of Miss Teen Cibolo Latina This item was tabled until the October 24" meeting. 6. Proclamations A. Proclamation for World Teachers' Day. The Proclamation was read by Councilwoman Sanchez -Stephens and received by Ms. Walls. B. Proclamation for 2023 Manufacturing Month. This Proclamation was received by Mr. Hamilton from Aisin and Ms. Qaiyyim from the Cibolo EDC. Councilman Mahoney read the Proclamation. C. Proclamation for Community Planning Month. Proclamation was read by Councilwoman Cunningham and received by the Vice Chairman of the Cibolo Planning and Zoning Commission. D. Proclamation for Fire Prevention Week. Chief Troncoso and the Fire Fighter on duty this evening received the Proclamation for Fire Prevention Week from Mayor Allen. Councilman Hicks read the Proclamation. 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 pcimics(a,cibolotx.zov and vchapman(a,cibolotx.¢ov or telephone 210-566-6111 before 5:00 pm the date of the meeting. The following individuals spoke during this item. Ms. Dale thanked staff for the crosswalk that was installed in the downtown area. She also stated that lights or signs needed to be added as when she tried to cross no one stopped for her. Mr. Nienstedt the owner of Roadrunner Towing spoke on the MURE for the property that he is trying to move to in Cibolo. He did thank the council for working with him as he really would like to have his company located in the city he lives in. 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 26, 2023. Councilman Hicks 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. Resident Town Hall Update (survey and date) — Mr. Reed stated that he would send to council the items that were discussed at the last Town Hall and the results of the survey. b. ICMA PM Magazine highlight Cibolo — Ms. Lee was awarded the Leadership Award at the ICMA Conference. c. Bandit Signs — Code Compliance has been out the last few weekends ensuring that bandit signs are removed. d. RFQs and RFPs — RFPs for Attorney Services have been received. Bids are out for Bolton, Dean, and Lower Seguin Road. They are due by November 2nd e. CIP Update — Milling along Buffalo Crossing and still working on CVD punch list f. Buffalo Crossing Street Maintenance and Striping Project Update Mr. Reed will send an update on all project to the city council. 10. Executive Session 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. Legal Consultation regarding the Preliminary Plat of Cibolo Farms Unit 1 pursuant to TLGC 212.0095. B. Legal options to granting disannexation. The council convened into Executive Session at 7:37 p.m. 11. 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 7:59 p.m. No action taken. 12. Discussion/Action A. Discussion/Action on the reconsideration of the Preliminary Plat of Cibolo Farms Unit 1 pursuant to TLGC-212.0095 and Lennar Homes v. City of Cibolo No. 5:22-cv-003111. Councilman Hicks made the motion to approve the Preliminary Plat of Cibolo Farms Unit 1 pursuant to TLGC-212.0095 and Lennar Homes v. City of Cibolo No. 5:22-cv-003111. Motion was seconded by Councilman Mahoney. 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 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 Mr. Ottman to the EDC representing District 4. Motion was seconded by Councilman Hicks. For: All; Against: None. Motion carried 7 to 0. 13. Resolution A. Approval/Disapproval of a Resolution of the City of Cibolo nominating a candidate to the Guadalupe County Appraisal District Board of Directors. Councilman Hicks made the motion to nominate Ms. Sever as Cibolo's candidate for Guadalupe County Appraisal District Board of Directors. Motion was seconded by Councilman Mahoney. For: All; Against: None. Motion carried 7 to 0. 14. 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. Councilman Hicks made the motion to approve an Ordinance of the City of Cibolo regarding a variance for 504 Pfeil Road regarding sidewalks per Sec. 18.17.A of the UDC. Motion was seconded by Councilman Mahoney. For: All; Against: None. Motion carried 7 to 0. B. Approval/Disapproval of an Ordinance of the City of Cibolo amending the City's Fee Schedule for Fiscal Year 2024. Councilwoman Cunningham made the motion to approve the Ordinance of the City of Cibolo amending the City's Fee Schedule for Fiscal Year 2024. Motion was seconded by Councilman Hetzel. A roll call vote was taken. Councilman Benson — No, Councilman Roberts — Yes, Councilman Mahoney — Yes, Councilwoman Cunningham — Yes, Councilwoman Sanchez -Stephens — Yes, Councilman Hetzel — Yes, and Councilman Hicks — No. Motion carried 5 to 2. 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. Councilman Benson made the motion to approve 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 and replace that person with someone from the Planning and Zoning Commission. Motion was seconded by Councilman Hicks. 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. 15. Discussion/Action A. Discussion/Action on the Niemietz Park Land Exchange Letter of Intent (LOI). Councilman Roberts made the motion to approve the Niemietz Park Land Exchange Letter of Intent (LOI). Motion was seconded by Councilman Mahoney. A roll call vote was taken. Councilman Hicks — No, Councilman Hetzel — Yes, Councilwoman Sanchez -Stephens — No, Councilwoman Cunningham — Yes, Councilman Mahoney — Yes, Councilman Roberts — Yes, and Councilman Benson — No. Motion carried 4 to 3. B. Discussion/Action on approving a contract for Engineering and Architectural Design Services for Public Safety Facility/Fire Station #4 pursuant to RFQ #23-353-07 and authorizing the City Manager to execute the contract. Councilwoman Cunningham made the motion to approve a contract for Engineering and Architectural Design Services for Public Safety Facility/Fire Station #4 pursuant to RFQ #23-353-07 and authorizing the City Manager to execute the contract. Motion was seconded by Councilman Hicks. A roll call vote was taken. Councilman Benson — Yes, Councilman Roberts — Yes, Councilman Mahoney — Yes, Councilwoman Cunningham — Yes, 4 Councilwoman Sanchez -Stephens — Yes, Councilman Hetzel — Yes, and Councilman Hicks — Yes. Motion carried 7 to 0. C. Discussion/Action on the re -appointment of Lesley Pedde as the City of Cibolo's Director for the Cibolo Valley Local Government Corporation (CVLGC). This is a four-year term and her present term expired September 30`h, 2023. Councilman Hicks made the motion to approve the re -appointment of Lesley Pedde as the City of Cibolo's Director for the Cibolo Valley Local Government Corporation (CVLGC). Councilwoman Cunningham seconded the motion. For: All; Against: None. Motion carried 7to0. D. Discussion/Action to approve the FY2023 Strategic Plan Annual Report. Motion was made by Councilman Mahoney to approve the FY2023 Strategic Plan Annual Report. Motion was seconded by Councilman Roberts. For: All; Against: None. Motion carried 7 to 0. E. Discussion/Action on approving the proposed FY2024-FY2027 Council Strategic Plan Councilman Roberts made the motion to approve the proposed FY2024-FY2027 Council Strategic Plan. Councilman Mahoney seconded the motion. 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. F. Discussion/Action to authorize the City Manager to execute a work order with Colliers Engineering and Design to complete the required engineering to Town Creek Hike and Bike Trail System, Phase 1, in the amount of Two Hundred Twenty Thousand, Eight Hundred Fifty Dollars ($220,850.00). Councilwoman Cunningham made the motion to authorize the City Manager to execute a work order with Colliers Engineering and Design to complete the required engineering to Town Creek Hike and Bike Trail System, Phase 1, in the amount of Two Hundred Twenty Thousand, Eight Hundred Fifty Dollars ($220,850.00). Motion was seconded by Councilwoman Sanchez -Stephens. 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. G. Discussion and direction on the Tolle Road Pavement Options. This item was briefed to the council by the Public Works Director. Mr. Fousse explained that at the last Tolle Road town hall in August, residents asked to look at a reduced cost project to "mill and overlay" the existing asphalt with no other improvements. The council did seem to agree that a "mill and overlay" would be the best for this area. There is another town hall on Tolle Road scheduled for October 26`h from 6:30pm to 8:30pm at the Noble Group. H. Discussion on council sessions ending with executive sessions. Councilwoman Sanchez -Stephens brought this item up as in the past by moving items on the agenda the council had to table many items that they were unable to get to. Moving items also makes it difficult for those viewing at home or watching later to follow the council meeting. There was no other discussion on this item. 5 I. Discussion on all commercial properties on FM 1103 and FM 78 and the current zoning. This item will be addressed by the Master Plan Committee at an upcoming meeting. J. Discussion on the removal of the prohibition of a tow yard/service in a MURE along IH -10. This item was moved and discussed by council after item 9. The council moved this item to the Planning & Zoning Commission for this commission to give their recommendation on a change to the Unified Development Code (UDC) to council. K. Discussion on the progress of the Haeckerville Road, Project and FM 1103 Project. This item was requested by Councilman Hicks. Councilman Hicks did state that he had seen a number of utilities locate signs along FM 1103. He indicated that this might be for the utility lines that need to be moved. An update on the Haeckerville Road Project was sent out by staff. L. Discussion from Councilmembers that have attended seminars, events, or meetings. Councilman Hicks stated that he had attended TML last week and was able to attend several great classes. Councilwoman Cunningham attended the HOA#2 meeting and National Night Out. M. Discussion on items the City Council would like to see on future agendas. None at this time. If the council has any items they will email before the deadline for council items. N. 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 calendars for October' and November. The council also set a date of November 7`h for a Joint Council/EDC Meeting. 16. Executive Session 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. Possible negotiations of an Interlocal Agreement with Guadalupe County on road improvements in the City's ETJ. (Ms. Lee) B. Discussion regarding the interpretation of Chapter 42 of the Texas Local Government Code. The council went into executive session at 9:25 p.m. 17. 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 10:52 p.m. No action was taken. The council went back to cover items 15G to 15N. 18. Adioumment Councilman Robert made the motion to adjourn the meeting at 11:10 p.m. Motion was seconded by Councilwoman Cunningham. For: All; Against: None. Motion carried 7 to 0. D APPROVED THIS 24TH DAY OF OCTOBER 2023. Mark Allen Mayor ATTEST Peggy Cimics, TRMC City Secretary