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Min CC 04/09/2024TEXAS "City of Choice" CIBOLO CITY COUNCIL CIBOLO MUNICIPAL BUILDING 200 S. Main Cibolo, Texas 78108 April 9, 2024 6:30 p.m. to 10:30 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. Invocation — Councilman Hicks gave the Invocation. 4. Pledge of Allegiance — All in attendance recited the Pledge of Allegiance. 5. Proclamation A. Month of the Military Child — Councilwoman Cunningham read the Proclamation. Ms. Caballero from the SCUCISD and three students Prince Tuason accompanied by his dad Cesar (retired Army), mom Arlyn and sibling Celyn, Emma Piles accompanied by her dad Harry (Air Force veteran), mom Shannon, and Nalah Ashby accompanied by her parents (both veterans) each received a copy of the Proclamation for the Month of the Military Child. 6. Presentation A. Presentation of the 2023 Gary Kelly Award Winner. Mayor Allen presented the Gary Kelly Award Winner for 2023 to Linda Tudyk. Just a few of the things Ms. Tudyk has done this past year are Ms. Tudyk has served on several committees and was instrumental in the success of the Cibolo Senior Center. She works during Market Days each Month and helped with the Summer Nights Program, and the Easter Egg Hunt.. Ms. Tudyk volunteers her time as a volunteer to help the court twice a month. 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 emailycimics(ir cibolotx.gov and vchaoman6Wbolotx.gov or telephone 210-566- 6111 before 5:00 pm the date of the meeting. Ms. Kearns spoke in favor of ordinance IOC and 10D. She felts it was especially good for the small businesses in the Old Town area. 8. Public Hearine A. Conduct a public hearing regarding a variance to UDC Sec. 18.16.B.2.A to reduce the minimum required distance between driveways from 150' to 95', for certain real property located at 304 South Main Street, legally described as ABS: 57 SUR: WILLIAM BRACKIN 2.4770 AC. Mayor Allen opened the public hearing at 6:44 p.m. Ms. Beisea the Engineer for the Knowlton's spoke that this was the best place for the driveway. It also helps to maintain the character of the home and creates more room for an ADA ramp. Mayor Allen closed the public hearing at 6:46 p.m. 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 March 26, 2024. B. Approval of the minutes of the Joint City Council/EDC Land Swap Meeting held on March 28, 2024. C. Approval of the minutes of the Joint City Council/EDC Strategic Plan Meeting held on April 2, 2024. D. Approval of the December 2023 Check Register pending final acceptance of the City's financial audit for the 2023/2024 fiscal year. E. Approval of the December 2023 Revenue and Expense Report pending final acceptance of the City's financial audit for the 2023/2024 fiscal year. Councilman Hicks made the motion to approve the consent agenda. The motion was seconded by Councilwoman Cunningham. For: All; Against: None. The motion carried 7 to 0. 10. Ordinances A. Approval/Disapproval of an ordinance of the City of Cibolo for 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. This item was not discussed until after the executive session. Councilwoman Cunningham made the motion to approve an ordinance of the City of Cibolo for 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. The motion was seconded by Councilman Mahoney. For: All; Against: None. The motion carried 7 to 0. B. Approval/Disapproval of an Ordinance of the City of Cibolo on a variance request 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, Suite 111. Councilman Benson made the motion to deny an Ordinance of the City of Cibolo on a variance request 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, Suite 111 as it does not conform to the City Ordinance. The motion was seconded by Councilman Mahoney. For: Councilman Benson, Councilman Roberts, Councilman Mahoney, Councilwoman Sanchez -Stephens, and Councilman Hicks; Against: Councilwoman Cunningham and Councilman Hetzel. The motion carried 5 to 2. C. Approval/Disapproval of an Ordinance of the City of Cibolo on a Unified Development Code (UDC) amendment to Article 18, to eliminate the sidewalk requirements in the Old Town District. Councilman Benson made the motion to approve an Ordinance of the City of Cibolo on a Unified Development Code (UDC) amendment to Article 18, to eliminate the sidewalk requirements in the Old Town District. The motion was seconded by Sanchez -Stephens. For: Councilman Benson, Councilman Roberts, Councilman Mahoney, Councilwoman Cunningham, Councilwoman Sanchez -Stephens. And Councilman Hetzel. Against: Councilman Hicks. The motion carried 6 to 1. D. Approval/Disapproval of an Ordinance of the City of Cibolo on a 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. Councilman Hicks made the motion to approve an Ordinance of the City of Cibolo on a 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 motion was seconded by Councilman Roberts. For: All; Against: None. Motion carried 7 to 0. E. Approval/Disapproval of an Ordinance of the City of Cibolo for the 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. Councilman Hicks made the motion to approve an Ordinance of the City of Cibolo for the 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. The motion was seconded by Councilman Hetzel. For: All; Against: None. The motion carried 7 to 0. 11. Resolutions A. Approval/Disapproval of a Resolution of the City of Cibolo awarding the City's Bank Depository Services Contract and authorizing the City Manager or designee to execute all agreements necessary to implement the contract. Councilman Hicks made the motion to approve a Resolution of the City of Cibolo awarding the City's Bank Depository Services Contract and authorizing the City. Manager or designee to execute all agreements necessary to implement the contract. The motion was seconded by Councilwoman Sanchez -Stephens. For: All; Against: None. The motion carried 7 to 0. B. Approval/Disapproval of a Resolution of the City of Cibolo appointing Timothy Fousse to the Canyon Regional Water Authority as Cibolo's representative to the Board of Trustees of Canyon Regional Water Authority for a term of two years. Councilman Hicks made the motion to approve a Resolution of the City of Cibolo appointing Timothy Fousse to the Canyon Regional Water Authority as Cibolo's representative to the Board of Trustees of Canyon Regional Water Authority for a term of two years. The motion was seconded by Councilman Roberts. For: All; Against: None. The motion carried 7 to 0. C. Approval/Disapproval of a Resolution of the City of Cibolo appointing Jacob Parsons to the Canyon Regional Water Authority as the Cibolo's representative to the Board of Managers of Canyon Regional Water Authority for a term of one year. Councilman Hicks made the motion to approve a Resolution of the City of Cibolo appointing Jacob Parsons to the Canyon Regional Water Authority as the Cibolo's representative to the Board of Managers of Canyon Regional Water Authority for a term of one year. The motion was seconded by Councilwoman Cunningham. For: All; Against: None. The motion carried 7 to 0. 12. Executive Session The City Council will convene in Executive Session as authorized by the Texas Gov't Code Section 551.071 Consultation with Attorney and 551.087 Economic Development to deliberate and seek legal advice regarding the following: A. Meritage Homes of Texas LLC v. City of Cibolo B. GV SUD v. City of Cibolo — Settlement Agreements The council convened into executive session at 7:25 p.m. To discuss and seek legal advice on the above items and item 10A. 13. Ooen 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 open session at 8:20 p.m. No action taken. The Council went back to item 1 O to take action. 14. Discussion/Action A. Discussion/Action on a contract of the Cibolo Economic Development Corporation with Colliers Engineering and Design for $29,600 to conduct a market assessment/fiscal impact model of 590 W FM 78. Councilman Benson made the motion to approve Task 1 Market Analysis with the fee of $6,750 with Colliers Engineering and Design. The motion was seconded by Councilman Hicks. For: All; Against: None. The motion carried 7 to 0. B. Discussion/Action and authorizing the City Manager to execute a contract with Intermountain Slurry Seal, Inc., Salt Lake City, Utah, for the base bid in the amount of Three Hundred Forty -Five Thousand, Three Hundred Fifteen Dollars and Zero Cents ($345,315.00). Councilwoman Cunningham made the motion to approve authorizing the City Manager to execute a contract with Intermountain Slurry Seal, Inc., Salt Lake City, Utah, for the base bid in the amount of Three Hundred Forty -Five Thousand, Three Hundred Fifteen Dollars and Zero Cents ($345,315.00). The motion was seconded by Councilman Hicks. For: All; Against: None. The motion carried 7 to 0. C. Discussion/Action on adopting the City Council Policy Directive No: 2024-2 Council Appointments to include which option council will use to make appointments. (Ms. Cimics) a. Option 1: Applicants will be required to be present for the initial interview. Re - Appointments will not have to be present unless at the council's request. This meeting will take place at a Special Council Meeting at 5:45 p.m. prior to the regular meeting scheduled for 6:30 p.m. b. Option 2: The City Council will form a Council Sub -Committee made up of no more than three Councilmembers. The Sub -Committee will review the applications and interview the applicants. Once the interviews are completed the Sub -Committee will give the full Council their recommendations. The Council will vote to appoint an individual from the recommendation at a regularly scheduled Council Meeting. The individual would not need to be present at this Council Meeting. c. Option 3: The City Secretary will send all applications to the City Council. The Council will inform the City Secretary if the applicant is approved for the committee they applied for. If more than one individual has submitted an application for the same position the Council will indicate which application is their first choice and which would be the second choice. After receiving all the applications back from the Council, the City Secretary will inform the Council of the vote. The appointments will be placed on the next scheduled meeting under the consent agenda. Applicants would not need to be present. This item was pulled from the agenda. D. Discussion/Presentation regarding plan elements of the 2024 Cibolo Tomorrow Comprehensive Plan and IH -10 Corridor Plan. Mr. Spencer from the Planning Department gave a presentation on the progress being made by the Master Plan Advisory Committee regarding the Comprehensive Master Plan, including key elements that are incorporated into the IH -10 Corridor Plan. The presentation covered six key elements. The six elements are: vision statement, the plan guiding principles, P1aceTypes, Future Land Use Map (FLUM), Master Thorough Plan, and implementation and action items. E. Discussion on School Resource Officers (SRO's) assigned to the SCUCISD Schools in Cibolo. The Council directed the City Manager to bring the SRO's back to the Cibolo Police Department and to contact the SCUCISD Superintendent of the City Councils decision. F. Discussion/Presentation regarding use of our new agenda management system, AgendaLink via the City website. Mr. Beekman gave a presentation on how to use the new agenda management system. The presentation was an overview of functionality of the system from a citizen's perspective. G. Discussion from Councilmembers that have attended seminars, events, or meetings. Councilman Hicks helped with setup at the Air Show and attended Commissioners Court. Councilwoman Sanchez -Stephens attending several ribbon cuttings. Councilman Roberts help with tear down at the Air Show. H. Discussion on items the City Council would like to see on future agendas. Mayor informed the council if they have anything for the agenda to please send them to the City Secretary no later than 8:30 a.m. on 15 March 2024. I. 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. Calendars were placed in the packet for Council to review, 15. Staff Update A. Administration a. Request for Proposals (RFP), Request for Bids (RFB), Request for Qualifications (RFQ), and Capital Improvement Program. b. Request for Proposals (RFP)/Request for Qualifications (RFQ) — No Update. c. 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, Town Creek, and Tolle Rd. d. Highlights of Wiederstein Elementary School Career Day. Due to the time Mr. Reed sent an update to Council by email. B. Police Department — In packet 16. Adioumment —Councilman Hicks made the motion to adjourn the meeting at 10:16 p.m. The motion was seconded by Councilwoman Cunningham. For: All; Against: None. The motion carried 7to0. PASSED AND APPROVED THIS 23RD DAY OF APRIL 2023 Mark Allen Mayor ATTEST Peggy Cin -tics, TRMC City Secretary UI