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Min CC 01/23/2024J of C/ 49 R V O reX0, 'City of Choice CIBOLO CITY COUNCIL CIBOLO MUNICIPAL BUILDING 200 S. Main Cibolo, Texas 78108 January 23, 2024 6:30 p.m. to 10:30 p.m. MINUTES 1. Call to Order Meeting was called to order at 6:41 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. Proclamation A. Designating February 8, 2024 as the kickoff of the Official Rodeo Season and Official Dress Western Day. Councilman Roberts read the Proclamation for the kickoff of the Official Rodeo Season and Official Dress Western Day. Proclamation was presented to Ms. Hall by Mayor Allen and Councilman Roberts. 6. Presentation A. Presentation to Nicholas Guel from the Public Works Department for Five Years with the City of Cibolo. Nicholas Gual of the Public Works Department was presented with a plaque and five-year pin from the City Manager Mr. Reed. 7. Public Hearings A. The City of Cibolo City Council will conduct a public hearing to hear public testimony regarding an amendment to Article 20 of the Unified Development Code regarding development applications. Mayor Allen opened the public hearing at 7:03 p.m. No individuals signed up to speak during this item. Mayor Allen closed the public hearing at 7:03 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 pchnics(iMbolotx.¢ov and vchaaman(a,cibolotx.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. Wesley Jeffords spoke on the Youth Council. He was very interested in the program and the ability to have a voice to city council on items that effect kids today. David Black spoke on his concerns on Haeckerville Road. Mr. Black had a fold to give to each councilmember on the Haeckerville Road Project. 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 January 9, 2024. B. Approval of the October 2023 Check Register pending final acceptance of the City's financial audit for the 2023/2024 fiscal year. C. Approval of the October 2023 Revenue and Expense Report pending final acceptance of the City's financial audit for the 2023/2024 fiscal year. D. Approval to authorize the City Manager to execute the purchase order to Angel Armor for rifle -resistant body armor for the Police Department in the amount of sixty-five thousand, two -hundred eighty-five dollars, and thirty-one cents ($65,285.31). E. Approval of an Ordinance to adopt the 2021 International Codes, the 2023 National Electric Code and amendments. F. Approval of an Ordinance to adopt the 2021 International Fire Code with amendments. G. Approval of the Preliminary Plat of Cibolo Farms Unit 2. Item 9E and 9G were removed from the consent agenda. Councilwoman Cunningham made the motion to approve item 9A, 9B, 9C, 9D, and 9G. The motion was seconded by Councilman Roberts. For: All; Against: None. Motion carried 7 to 0. Councilman Benson stated that Item 9F was 129 pages long and he could not see what changes were made from the previous ordinance. It was also difficult to determine who had authority to what as in some places it stated the Fire Code Official and other the PA Building Inspector. Councilman Benson made the motion to table this item until the next meeting. The motion was seconded by Councilman Mahoney. For: All; Against: None. Motion carried 7 to 0. Councilman made the motion to table item 9F until the next scheduled council meeting. The motion was seconded by Councilman Hicks. For: All; Against: None. Motion carried 7 to 0. 10. Staff Update A. Administration a. Joint Meeting on the Comprehensive Master Plan, Flum, and IH -10 Corridor Plan on Tuesday, Jan. 30th. b. HOA Knowledge Workshop on Sat., Feb. 3`d, from loam to 2pm. c. Strategic Grant Partnership Applications Update d. RFP/RFQs — Animal Services Facility RFB (due Feb. 6th) and EDC Legal Services RFP (Feb. 12th) e. CIP Projects City Hall Remodel PW Facility Haeckerville Rd and Town Creek Drainage Phase II Dean Rd. Bolton Rd, and Lower Seguin Rd Design and Bidding for GV Rd (2 sections), Silver Wing, Firebird Ln, and Town Creek f. Upcoming Presentation on Stormwater Management Mapping Project g. Upcoming Presentation on the City's Design Criteria Manual h. Fire ISO Study Update Mr. Reed gave an update on the above items. He also informed council that he would send an email with the information that he just provided. B. Public Works Department — Information in the packet. 11. 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. GVSUD v. City of Cibolo — Settlement Agreements B. Economic Development Updates. The council convened into Executive Session at 7:50 p.m. to discuss the above items. 12. Open Session Reconvene into Regular Session and take/or give direction or action, if necessary, on items discussed in the Executive Session. The council reconvened into Regular Session at 8:32 p.m. No action taken. Mayor Allen skipped to item 15B. 13. Ordinances A. Approval/Disapproval of an Ordinance of the City of Cibolo by enacting regulations for the activities of Commercial Trucks in the City by amending Chapter 74, Traffic and Vehicles of the Cibolo Code of Ordinances.(No thru trucks on Lower Sequin Rd.) Councilman Hicks made the motion to approve an Ordinance of the City of Cibolo by enacting regulations for the activities of Commercial Trucks in the City by amending Chapter 74, Traffic and Vehicles of the Cibolo Code of Ordinances.(No thru trucks on Lower Sequin Rd.) The motion was seconded by Councilwoman Sanchez -Stephens. 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. Approval/Disapproval of an Ordinance of the City of Cibolo by rezoning 432 Tolle Road, legally described as RABY ESTATES LOT 1, 1.93 AC, from the current zoning of Low Density Single -Family Residential (SF -2) to Manufactured Home District (MH -1). Councilman Benson made the motion to approve an Ordinance of the City of Cibolo by rezoning 432 Tolle Road, legally described as RABY ESTATES LOT 1, 1.93 AC, from the current zoning of Low Density Single -Family Residential (SF -2) to Manufactured Home District (MH -1). The 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 Council Hicks — Yes. Motion carried 7 to 0. C. Approval/Disapproval of an Ordinance of the City of Cibolo granting a variance to the Code of Ordinances Sec. 58-5 to allow a wall sign that does not face a right-of-way at 778 Cibolo Valley Drive. Councilman Hicks made the motion to disapprove an Ordinance of the City of Cibolo granting a variance to the Code of Ordinances Sec. 58-5 to allow a wall sign that does not face a right-of-way at 778 Cibolo Valley Drive. The motion was seconded by Councilman Benson. 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. The motion carried 6 to 1. D. Approval/Disapproval of an Ordinance of the City of Cibolo granting a Conditional Use Permit (CUP) for 10833 IH -10, legally described as ABS: 134 SUR: JOSE FLORES 7.5100 AC, to allow a Concrete/Asphalt Batching Plant (Temporary) use. E. Councilman Hicks made the motion to approve an Ordinance of the City of Cibolo granting a Conditional Use Permit (CUP) for 10833 IH -10, legally described as ABS: 134 SUR: JOSE FLORES 7.5100 AC, to allow a Concrete/Asphalt Batching Plant (Temporary) use with the following conditions: 1. Time Restriction — This CUP shall effectively expire on December 31, 2026, and shall not be valid thereafter; however, the applicant may apply for an extension of this CUP 4 prior to December 31, 2026, if more time is needed to complete the applicant's contractual work for the Texas Department of Transportation and/or its affiliates. Any extension of this CUP shall be limited to a period of time not to exceed twelve (12) months. 2. Plat — Within 30 days of the date on which this CUP is approved, the owner/applicant shall submit a valid and completed plat application as required by the UDC or, alternatively, initiate the process to obtain a variance or other waiver from any applicable platting requirements. 3. Site Plan — An official site plan submittal, in accordance with the UDC, shall be submitted within 30 days of the date on which this CUP was granted. The concrete batching plant use and related activities permitted by this CUP may not substantially deviate from the submitted conceptual/preliminary site plan attached hereto as Exhibit "B," nor any final site plan that may subsequently be approved by the City. 4. Permits & Inspections — Any and all required building permits and a valid Certificate of Occupancy must be obtained by the owner/applicant. All permit applications submitted for this property are subject to the requirements of the City Code, and the City reserves the right to inspect the premises at least once per quarter, i.e. at least once per three-month period, to ensure compliance with the terms of this CUP and other applicable laws and regulations. 5. Perimeter Fence — Within 90 days of the date on which this CUP was granted, a perimeter fence must be installed per UDC Sec. 4.4.7.4.3.E.2 and Sec. 9.3.2. TxDOT, as owner of the IH -10 frontage road abutting the property, has expressed that a perimeter fence is not needed along their property, and such fencing shall not be required between the subject property and the IH -10 frontage road owned by TxDOT. Perimeter fencing shall be required along all other boundaries of the subject property. 6. Landscape Buffer — Within 30 days of the date on which this CUP was granted, an approved Landscape Buffer must be installed per UDC Sec. 17. LL and Sec. 4.4.7.4.3.7. 7. Hours of Operation — Subject to authorized letter from TxDOT. Concrete batching operations shall be allowed to occur outside of the permitted timeframe(s) listed within the Cibolo Code of Ordinances in order to accommodate the logistical requirements of the TxDOT highway expansion project. 8. Dust Mitigation — The RA -200, or equivalent, dust controller shall be in operation at all times during which the silo is operating. 9. Cessation of the Concrete Batch Plant — Upon the cessation of the concrete batching operations associated with this conditional use permit, the site shall be restored to the approved permit grading plan. The site shall be restored to previously approved grading no later than December 31, 2026, unless an extension of this CUP ,has been granted prior to such date. 10. Additional Uses —No other conditional uses are allowed under this conditional use permit. 5 The motion was seconded by Councilman Roberts. 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. The motion carried 6 to 1. 14. Resolution A. Approval/Disapproval of a Resolution authorizing the submission of a grant application to the Office of the Governor for the First Responder Mental Health Program (FY2025) and agreeing to designate an official to administer the grant. Councilman Benson made the motion to approve the Resolution authorizing the submission of a grant application to the Office of the Governor for the First Responder Mental Health Program (FY2025) and agreeing to designate an official to administer the grant. The motion was seconded by Councilman Hicks. For: All; Against: None. Motion carried 7 to 0. 15. Discussion/Action A. Discussion/Action on setting the date, support, and funding for the 2024 Pow Wow. Councilwoman Cunningham made the motion to move forward with a resolution for this project. The motion was seconded by Councilman Roberts. For: Councilmembers: Benson, Roberts, Mahoney, Cunningham, Sanchez -Stephens, and Hetzel; Abstention: Councilman Hicks. Motion carried 6 to 1. B. Discussion/Action on a Mediated Settlement Agreement between Green Valley Special Utility District (GCSUD) and the City of Cibolo Concerning the Certificate of Convenience and Necessity (CCN) Area between GVSUD and the City of Cibolo. Councilman Hicks made the motion to approve the Mediated Settlement Agreement between the Green Valley Special Utility District (GVSUD) and City of Cibolo concerning the Certificate of Convenience and Necessity (CCN) Area between GVSUD and City of Cibolo and authorize the City Manager to execute the Mediated Settlement Agreement. The motion was seconded by Councilman Roberts. 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. The motion carried 7 to 0. C. Discussion/Action concerning the Cibolo Youth Council composition and objectives. The council discussed the Youth Council. It was subjected that they would meet once a month. Those youth participating would be in the grade of 7 to 12. Appointments would be made in August and the term on the Youth Council would end in July. The council gave on to bring a resolution back to the council to move forward with this project. D. Discussion/Action to authorize the City Manager to execute a work order with Westwood Professional Services to provide engineering design, bidding, and project construction oversight services for the Green Valley Road 12" Water Main project in the amount of Ninety -Two Thousand, Five Hundred Dollars and Zero Cents ($92,500.00). Councilman Hicks made the motion to authorize the City Manager to execute a work order with Westwood Professional Services to provide engineering design, bidding, and project construction oversight services for the Green Valley Road 12" Water Main project in the 9 amount of Ninety -Two Thousand, Five Hundred Dollars and Zero Cents ($92,500.00). The 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. The motion carried 7 to 0. E. Discussion/Action on the information related to the Public Safety Building and the Animal Shelter Facility proposed November 2024 Election Ballot. Mr. Hugghins gave the presentation on this item. The council gave direction to continue to update and to add better pictures and additional information. F'. Discussion/Action on an amendment to the UDC Sec.18.17.A on the requirement for sidewalks in Old Town. Councilman Benson stated that this requirement should be either taken out of the UDC or amended to take out for the Old Town Overlay District. Councilman Benson said that the escrow paid on the Old Town area for this requirement should be refunded. The City of Cibolo should be responsible for sidewalks in this area. G. Discussion/Action on the plan for complete update of the UDC in regard to the Old Town Overlay. This was discussed in item 15F. The UDC will be looked at later in the year. H. Discussion/Action authorizing funding for purchasing 25 Axon Taser 7 conducted energy devices for the Cibolo Police Officers. Councilwoman Cunningham made the motion to approve authorizing funding for purchasing 25 Axon Taser 7 conducted energy devices for the Cibolo Police Officers. The motion was seconded by Councilman Mahoney. 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. The motion carried 7 to 0. I. Discussion/Presentation update concerning an overview of the Cibolo Police Department. Chief Andres gave a presentation on an overview of the Cibolo Police Department. The presentation included recommendation to implement a geographic policing model, additional patrol officers needed to execute this patrol strategy, estimate to improve police technology, and staffing costs to return school resource officers to the police department. I Discussion/Presentation on Telework Policy Update. Mr. Knott presentation covered how this policy meets councils Strategic Plan item 5.47 (Explore telecommuting and flex work policy). Mr. Knott gave a brief background on this policy and how the policy is working today. K. Discussion regarding amending Article 20 of the Unified Development Code to revise the development application requirements and procedures. Council gave direction to fine tune this proposed ordinance and to bring it back to council at a later date. L. Discussion on Ordinance 1417 pertaining to a variance approved with conditions on October 10, 2023 for property located at 504 Pfeil Road. The council gave direction to amend the ordinance and to refund the escrow that was being held for this project. M. Discussion from Councilmembers that have attended seminars, events, or meetings. Councilman Hicks stated that he had attended a MPO meeting and a TML class. Councilwoman Sanchez -Stephens attended a TML class and a Senior Program event. Councilwoman Cunningham has been meeting with residents on numerous issues. Councilman Hetzel attended the Tree Planting for long-time Mayor Sam Bauder. N. Discussion on items the City Council would like to see on future agendas. Councilman Benson mentioned the traffic light at Borgfeld and CVD and also the microphones at the dais and the feedback. Councilman Hicks adding funds to training and meeting expenses. Councilwoman Cunningham a policy on training. O. 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 for January and February 2024. 16. Adjournment Councilwoman Cunningham made the motion to adjourn the meeting at 11:04 p.m. The motion was seconded by Councilman Roberts. For: All; Against: None. Motion carried 7 to 0. PASSED AND APPROVED THIS 13TH DAY OF FEBRUARY 2024. Mark Allen Mayor ATTEST j ✓ Peggy Cimics, TRMC City Secretary 8