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Min CC 03/26/2024"City of Choice" CIBOLO CITY COUNCIL CIBOLO MUNICIPAL BUILDING 200 S. Main Cibolo, Texas 78108 March 26, 2024 6:30 p.m. to 11:30 p.m. Minutes Call to Order — Mayor Allen called the meeting to order at 6:30 p.m. 2. Roll Call and Excused Absences — Members Present: Mayor Allen, Councilman Benson, Councilman Roberts, Councilman Mahoney, Councilwoman Cunningham (arrived at 6:35 p.m.), Councilwoman Sanchez -Stephens, Councilman Hetzel, and Councilman Hicks. 3. Invocation — Invocation was given by Councilwoman Sanchez -Stephens. 4. Pledge of Allegiance — Led by the Cibolo Girl Scout Troop 5013. 5. Proclamation A. Girl Scout of Southwest Texas Councilman Roberts read the Proclamation for the Girl Scouts of Southwest Texas. Mayor Allen and Councilman Roberts presented Ms. Settelmeyer and Ms. Peek with a Proclamation. B. Sexual Assault Awareness Month Councilman Mahoney read the Proclamation the Sexual Assault Awareness Month. Mayor Allen and Councilman Mahoney presented a Proclamation to Ms. Story. C. Crime Victims' Rights Week Councilwoman Sanchez -Stephens read the Proclamation for Crime Victims' Rights Week. Mayor Allen and Councilwoman Sanchez -Stephens presented Ms. Story and Ms. Chandler with a Proclamation. D. Child Abuse Prevention Month Councilman Hicks read the Proclamation for Crime victims' Rights Week. Mayor Allen and Councilman Hicks presented Ms. Meehan the Proclamation. E. Police Award Mr. Pinder from Guadalupe County presented Cibolo Fire Chief Troncoso with a plaque for Fire Chief of the Year for Guadalupe County. 6. 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 deliberate 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 pcimicsna,cibolotx.eov and vchanman(EMbolotx.gov or telephone 210-566- 6111 before 5:00 pm the date of the meeting. The following individuals spoke during this item: Mr. Winter, Mr. Manriquez, Ms. Johns, and Ms. Sagers all spoke on item 8A. They all requested that Firebird Lane CIP road project be accelerated to FY25. The spoke on how bad the mad is, the man holes being 3in. above the road, and the roller coaster ride they have to take to get in and out of there area They feel that this is a safety issue and they have been pushed down the line for the past 11 to 12 years. They are one of the oldest neighborhoods and they pay taxes as everyone else but see new subdivision being fixed before the older neighborhoods. Some of the individuals also spoke about the condition of Silver Wing being in just as bad a condition as Firebird Lane. Ms. Ritchey and Ms. Klepper introduced themselves as members of the Chamber Leadership Corp. They were in attendance as part of that program. Ms. Weimer spoke on Mr. Alves' property, which is a public hearing item on this agenda. She spoke on the zoning and the research she had done. The City Secretary's office read the following emails from citizens that had emailed comments. Mr. McLennan wrote of Green Valley Rd needing to be placed at the top of the agenda for reconstruction, widening, paving, and stripping. Mr. Jessen wrote in on Green Valley Road Section 1 and 2, Silver Wing, and Firebird Lane. He believes it would be in the best interest of Cibolo residents if these projects move up in FY25. The following wrote in on Firebird Lane: Ms. Breihan, Mr. & Mrs. Winston, Mr. Joppie, Mr. & Mrs. Parker, and Mr. McDowall. They all would like to see Firebird Lane moved to FY25. Many of them complained of vehicles being damaged, dips in the road, man hole covers significantly above the road surface, and the roller coaster ride the citizens have to take each day when entering and leaving there place of residence. 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 March 12, 2024. B. Approval of the minutes of the Strategic Plan Workshop held on March 16, 2024. C. Approval of the December 2023 Check Register pending final acceptance of the City's financial audit for the 2023/2024 fiscal year. D. Approval of the December 2023 Revenue and Expense Report pending final acceptance of the City's financial audit for the 2023/2024 fiscal year. E. Approval of the Quarterly Investment Report ending December 30, 2023. F. Approval of the Replat, Lot 1, Cibolo Business Park. Councilman Hicks would like 7 C and D discussed separately. Councilman Benson made the motion to approve consent agenda item & A, B, E, and F. The motion was seconded by Councilman Hicks. For: All; Against: None. The motion carried 7 to 0. Item 7C. Councilman Hicks stated that in the past he was able to see more information on the check register including the dollar amount and he was unable to see that with the new system. It was explained that we are using a new system, and we are still working on a few items. This will be placed back on the agenda for the next meeting and the council will receive an email with these items as they have in the past. Councilman Hicks made the motion to move this item to the next Council Meeting on April 9h. The motion was seconded by Councilman Mahoney. For: All; Against: None. The motion carried 7 to 0. Item 7D. Councilman Hicks had the same issues with this item as the 7C. Councilman Hicks made the motion to move this item to the April 9`, Council Meeting. The motion was seconded by Councilman Benson. For: All; Against: None. The motion carried 7 to 0. 8. Discussion/Action A. Discussion/Action on the acceleration of the remaining Capital Improvement Projects (CIP) in FY26 and FY27 into FY25 to include Green Valley Road Section 1, Green Valley Road Section 2, Silver Wing, and Firebird Lane. Councilman Benson made the motion to table this item until the June 25th regular Council Meeting. The motion was seconded by Councilman Hicks. For: Councilman Benson, Councilman Roberts, Councilwoman Sanchez -Stephens, Councilman Hetzel, and Councilman Hicks; Against: Councilwoman Cunningham and Councilman Mahoney. The motion carried 5 to 2. B. Discussion/Action on the Final Plat of Cibolo Creek Center. Ms. Huerta stated that the applicant requested a 30 -day extension. Councilwoman Cunningham made the motion to table this item for 30 days. The motion was seconded by Councilman Benson. Before the vote was taken the City Attorney stated that the motion needed to be postponed not tabled. Councilwoman Cunningham and Councilman Benson withdrew there notion. Councilwoman Cunningham made the motion to postpone this item. The motion was seconded by Councilman Benson. 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 passed 7 to 0. C. Discussion/Action and authorizing the City Manager to execute a contract with Riveron Corporation, to assist in acquiring easements or right-of-way on 16 impacted properties for the Full -Depth Reconstruction Project on Tolle Road. This item was pulled from the agenda. 3 D. Discussion/Action on strengthening compliance with Backflow Testing Prevention Program. Councilman Benson made the motion to postpone this item until the April 23`d regular scheduled Council Meeting. The motion was seconded by Councilman Mahoney. For: All; Against: None. The motion carried 7 to 0. E. Discussion on the Strategic Partnership Grant Applications received for Fiscal Year 2024. This item was briefed by Mr. Hugghins. There were four applications received. The Council will score the applicants and will bring them back next month to make a decision on the grant. F. Discussion/Presentation of proposed Public Safety Facility Design. Mr. Hugghins briefed the council and gave them the opportunity to ask questions. The council had no objection to the proposed design and gave direction to move forward. G. Discussion on the traffic signal timing at Cibolo Valley Drive and Borgfeld Rd. Mr. Otto briefed the council on this item. Mr. Otto stated that some of the problem is the traffic entering the businesses. The businesses should have a one -way -in and one -way-out driveway. This will be addressed by staff. Councilman Benson did ask Mr. Otto to still look at the timing during off peak times. H. Discussion on amending the Council's budget to add funds to travel/training or meeting expense. This item was discussed by the entire council. The travel and training budget will be discussed in more detail during the budget workshops which are scheduled for June and July. I. Discussion on City Council's denial of items forwarded for approval from Boards, Committees, Commissions, and Corporations. This item was brought to council by Councilwoman Cunningham. It was mentioned that several times a committee, commission, or corporation has brought items to the council for approval, and it has been denied. If we can't trust the individuals that we appoint to these committees then maybe we need to remove them and get new individuals to fill these positions. This was a discussion item only and no action was taken. J. Discussion from Councilmembers that have attended seminars, events, or meetings. Councilwoman Cunningham stated that she had taken several on-line courses. Councilman Hicks attended the Mid -Year Conference, AACOG training and Commissioners court. Councilman Roberts attended the Wiederstein Elementary School Career Day. Councilman Mahoney attended the TML Mid -Year Conference. Councilwoman Sanchez -Stephens attended the TML Mid -Year Conference, AACOG training dealing with Planning, and Police Department swearing in ceremony. K. Discussion on items the City Council would like to see on future agendas. Councilman Benson would like to see SRO funding (HB3) on the agenda. L. 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. No changes to the calendar provided to the council. 4 9. Public Hearing A. Conduct a public hearing regarding a Unified Development Code (UDC) amendment to Article 18, to eliminate the sidewalk requirements in the Old Town District. Mayor Allen opened the public hearing at 9:56 p.m. No one wish to speak, and Mayor Allen closed the public hearing at 9:56 p.m. B. Conduct a public hearing regarding the repeal of Ordinance No. 1417 granting a variance for 504 Pfeil Road to eliminate the requirement for sidewalks per Sec. 18.17.A of the UDC with conditions. The public hearing was opened at 9:58 p.m. by Mayor Allen. No individuals wish to speak on this item and Mayor Allen closed the public hearing at 9:58 p.m. C. Conduct a public hearing regarding a Conditional Use Permit (CUP) request to allow Accessory Residential Units, Residential District use for certain real property located at 165 Elaine Schlather Parkway, legally described as ABS: 194 SUR: James Jones Tract #6, 5.01 AC. Mayor Allen opened the public hearing at 10:00 p.m. Ms. Weimer spoke on the Alvez's property. She stated that she did not think that his property is zoned, with the exception of one -acre zoned C-1 and one -acre zoned C -1R. The remaining acreage she found no ordinance that it was zoned. No one else wish to speak on this item and Mayor Allen closed the public hearing at 10:05 p.m. D. Conduct a public hearing to hear public testimony concerning the proposed annexation and permanent assignment of a Public Facilities (PF) zoning district designation of 3.490 acres located between Bolton Road and IH -10 West of certain real property, legally described as LOT: 11 BLK: ADDN: COUNTRYSIDE ACRES 3.4900 AC. Mayor Allen opened the public hearing at 10:07 p.m. No one wish to speak on this item and Mayor Allen closed the public hearing at 10:07 p.m. E. Conduct a public hearing regarding a Variance request to Code of Ordinances Sec. 58-5 to allow a wall sign that does not face a right-of-way at 778 Cibolo Valley Drive; Suite 111. The public hearing was opened at 10:09 p.m. by Mayor Allen. No one wish to speak on this item and Mayor Allen closed the public hearing at 10:09 p.m. 10. Resolution A. Approval/Disapproval of a Resolution of the City of Cibolo, Texas relating to amending the Personnel Policy by adding two weeks of paid parental leave to full-time employees following the birth of an employees' child or the placement of a child with an employee in connection with adoption or foster care. Councilman Mahoney made the motion to approve a Resolution of the City of Cibolo, Texas relating to amending the Personnel Policy by adding two weeks of paid parental leave to full- time employees following the birth of an employees' child or the placement of a child with an employee in connection with adoption or foster care. The motion was seconded by Councilwoman Cunningham. For: Councilmembers: Roberts, Mahoney, Cunningham, and Sanchez -Stephens; Against: Councilmembers: Benson, Hetzel, and Hicks. Motion carried 4 to 3. 11. Ordinance A. Approval/Disapproval of an Ordinance waiving platting requirements per UDC Sec. 20.1.8 for certain real property 10833 IH -10, legally described as ABS: 134 SUR: Jose Flores, 7.5 Councilman Benson made the motion to disapprove an Ordinance waiving platting requirements per UDC Sec. 20.1.8 for certain real property 10833 IH -10, legally described as ABS: 134 SUR: Jose Flores, 7.5 due to continual violations. The motion was seconded by Councilwoman Cunningham. For: All; Against: None. The motion carried 7 to 0. 12. Staff Update NEWIMIATIM"Im M41 a. Strategic Management Workshop Recap b. Request for Proposals (RFP), Request for Bids (RFB), Request for Qualifications (RFQ), and Capital Improvement Program. c. Public Works Drainage Project Update d. Transfer of Title of HEB Open Space — The city has received all documents. e. Fire ISO Study — April presentation by Chief Troncoso f. Request for Proposals (RFP)/Request for Qualifications (RFQ) —.No Update g. City Hall Furniture Update (Delivery and Setup the week of March 181) — All furniture has been delivered and setup in all offices. h. Capital Improvement Program (CIP) Projects: Haeckerville Rd and Town Creek Drainage Phase II, Dean Rd, Bolton Rd, and Lower Seguin Rd, and Design for Green Valley Rd, (2 sections), Silver Wing, Firebird Lane, and Town Creek, Tolle Rd i. Wayfinding signage directing the public to all city buildings — Public Works is working on the signs for City Hall, City Hall Annex, and Public Works. B. Fire Department —In packet 13. Executive Session The City Council will convene in Executive Session as authorized by the Texas Gov't Code Chapter 551, Section 551.071, Consultation with Attorney, 551.074 Personnel Matters, and 551.072 Real Property to deliberate and seek legal advice regarding the following: A. Texas Commission on Law Enforcement's enforcement practices impacting city personnel to make a course and scope of employment determination regarding the related conduct of Lt. B. Nipper, Officer H Balderas, former Chief of Police Huggins, and former Officer A. Cortez, (who remain employed in other capacities), and other former officers for legal representation in connection thereto by the City Attorney. B. The acquisition of additional real property which would otherwise place the City in a disadvantage during real estate purchase negotiations if conducted in open session. The Council convened into executive session at 10:35 p.m. to discuss the above items. 14. Open Session The City Council will 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 11:19 p.m. Councilman Hicks made the motion to approve a resolution authorizing the City Attorney to represent former Chief Hugghins, Lieutenant Nipper, Corporal Van Rosendael and Mr. Cortez, Jr.. pertaining to item 13A. The motion was seconded by Councilman Benson. For: All; Against: None. The motion carried 7 to 0. Councilman Hicks made the motion to direct City Manager and City Attorney to move forward pertaining to item 13B. The motion was seconded by Councilman Benson. For: All Against: None. The motion carried 7 to 0. 15. Adioumment — Councilman Hicks made the motion to adjourn the meeting at 11:21 p.m. The motion was seconded by Councilman Benson. For: All; Against: None. The motion carried 7 to 0. PROVED THIS 9TH DAY OF Mark Allen Mayor ATTES Peggy Cimics, TRMC City Secretary APRIL 2024.