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Min CC 05/14/2024�-A OF C/8 : ' r -_ o T e X P S "City of Choice" CIBOLO CITY COUNCIL CIBOLO MUNICIPAL BUILDING 200 S. Main Cibolo, Texas 78108 May 14, 2024 6:30 p.m. to 11:30 p.m. MINUTES 1. Call to Order — The 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 Mahoney, Councilwoman Cunningham (arrived at 7:51 p.m.), Councilwoman Sanchez -Stephens, Councilman Hetzel, and Councilman Hicks. Member Absent: Councilman Roberts. Councilman Hicks made the motion to excuse the absence of Councilman Roberts. The motion was seconded by Councilwoman Sanchez -Stephens. The motion carried 5 to 0. 3. Invocation — Invocation was given by Councilman Hicks. 4. Pledge of Allegiance — All those in attendance recited the Pledge of Allegiance. 5. Appointment A. Discussion/Action by Council to re -appoint Judge Dana Jacobson as the Associate Municipal Judge for the City of Cibolo. Judge Jacobson will also be given the Oath of Office by the City Secretary. Councilman Hicks made the motion to re -appoint Judge Dana Jacobson as the Associate Municipal Judge for the City of Cibolo. The motion was seconded by Councilman Mahoney. For: All; Against: None. The motion carried 5 to 0. The City Secretary Ms. Cimics gave the Oath of Office to Judge Jacobson. B. Discussion/Action by the City Council to appoint Ms. Diana Weimer as the District One representative to the Planning and Zoning Commission. Councilman Benson made the motion to appoint Ms. Weimer as District One representative to the Planning and Zoning Commission. The motion was seconded by Councilman Mahoney. For: All; Against: None. The motion carried 5 to 0. 6. Proclamations A. Proclamation Designating May 2024 as Community Action Month. (Ms. Flores) Councilwoman Sanchez -Stephens read the Proclamation for Community Action Month and the Proclamation was given to Ms. Flores from the Community Action Office. B. Proclamation for Designating May 2024 as Older Americans' Month. Councilman Hetzel read the Proclamation designating May 2024 as Older Americans' Month. C. Proclamation for Designating May 2024 as Motorcycle Safety and Awareness Month. Councilman Hicks read the Proclamation the Motorcycle Safety and Awareness Month. The Proclamation was given to members of the Thin Blue Line Motorcycle Club. D. Proclamation for Public Service Recognition Week. Councilman Mahoney read the Proclamation for Public Service Recognition Week. The Proclamation was given to the City Manager. All the City employees that were in the Council Chamber came up to have their picture taken with the Mayor. E. Proclamation for City Secretary's Week. Mayor Allen read the Proclamation for City Secretary's Week. The Proclamation was accepted by Ms. Cimics the City Secretary and Ms. Chapman the Assistant City Secretary. 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 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 Vcimics6Dcibolotx.aov and vchapman(a,cibolotx.gov or telephone 210-566- 6111 before 5:00 pm the date of the meeting. The following individuals spoke during this item: Mr. Finley from the SCUCISD read a resolution that the school board passed on May 8t' having to do with School Resource Officers. Ms. McClellan stated she had 18 years in education with a number of years as a School Counselor. She feels that SROs are important, they are trained and able to help the students. Ms. Harper introduced herself as an Assistant Professor with a degree in Criminology and Criminal Justice. Her husband is a retired federal law enforcement officer, and her son is a student at Steele H.S. She understand the law but there is no evidence that SROs are necessary in the schools. There is no clear evidence that we need to add additional officers. Mr. Jefferies a student in the SCUCISD spoke that SROs are there to arrest students for minor offenses, which stays on their records. Many of these that arrest are either disabled students or minority students. SROs get involved in things that they are not supposed to. The city needs to offer more events/youth programs for teenagers. Parents are the ones that feel SROs are needed not the students. Mr. Jefferies stated there is no data that approves that SROs prevent shooting in schools. Ms. John introduced herself as a member of the Chamber Leadership Corp., and she is required to attend 2 a council meeting as part of the program. Ms. Schillair stated that she is with the Chamber Leadership Program and one of the requirements was to attend a City Council meeting. Ms. Clendennen also spoke in favor of the SROs. She stated that you can't put a price on children's safety. The SRO Program is necessary and important to the schools. Dr. Walker stated that she is a professional Educator. She is not against the SROs but has concern how salaries are funded. D. Walker stated that the student that said that they are students are citizens this is absolutely correct. So, my questions is The SROs don't serve and protect from June to early August so why are we responsible for their salaries. The following individuals sent emails to be read at the meeting this evening. Mr. Smith, Ms. Mashburn, Ms. Murray, Ms. Hill, Mr. Thompson, Mr. Ibarra, Ms. Lopez, Ms. Resendiz, and Ms. Gordon. All the students supported the SRO Program in the schools. They felt that having SROs impact the halls in the schools, especially as drug and violence issues ensue. The SROs build good influence and relationships between the law enforcement community and students. The SROs ensure a safe learning and teaching environment. The SROs respond to medical emergencies, fights, and threats, in order to keep the school safe from potential dangers. Without the SROs we would see a rise in substance abuse, violence, and suspensions. SROs not only gives students the ease of mind that their school is safe, it also readily ensures that there can be immediate response to any potential dangers. Research has shown that schools in America that have SROs or police presence are safer. Each of these students request that the SROs stay in the schools. 8. Resolution A. Approval/Disapproval of a Resolution authorizing the grant of Public Resources in support of the 2024 Malcolm Brown Foundation Summer Camp. (Mr. Reed) Councilman Hicks made the motion to authorizing the grant of Public Resources in support of the 2024 Malcolm Brown Foundation Summer Camp and to include the use of the City of Cibolo's large tent. The motion was seconded by Councilman Benson. For: All; Against: None. The motion carried 6 to 0. 9. Public Hearing A. Conduct a public hearing regarding a variance to UDC Sec. 18.16.B. LA to reduce the minimum required distance between driveways from 250' 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 8:03 p.m. No wish to speak on this item and Mayor Allen closed the public hearing at 8:04 p.m. B. Conduct a public hearing regarding a variance to UDC Section 18.6 to increase the number of lots allowed on a cul-de-sac street for Steele Creek Subdivision Unit 6. Mayor Allen opened the public hearing at 8:07 p.m. Ms. Carroll representing Continental Homes spoke to council on this item. Ms. Carroll stated that they would like to place 28 lots an increase of three lots on a cul-de-sac that, is a dead-end street. Mr. MacLauchlan was concerned about flooding. He stated that there was supposed to be a retaining pond. Mr. MacLauchlan also said that because of all. the debris and dust he had to put up a fence. Mayor Allen closed the public hearing at 8:15 p.m. 10. Ordinances A. Approval/Disapproval of an ordinance for a variance to UDC Sec. 18.16.13. LA to reduce the minimum required distance between driveways from 250' to 95', for certain real property located at 304 South Main Street, legally described as ABS: 57 SUR: WILLIAM BRACKIN 2.4770 AC. Councilman Hicks made the motion to approve an ordinance for a variance to UDC Sec. 18.16.B. LA to reduce the minimum required distance between driveways from 250' to 95', for certain real property located at 304 South Main Street, legally described as ABS: 57 SUR: WILLIAM BRACKIN 2.4770 AC with the following conditions: 1. The location of the property's driveway being no less than ninety five feet from the northern neighboring property's driveway measured from the north edge of the pavement of the property's driveway and the south edge of the pavement of the neighboring property's driveway. 2. The removal of the existing driveway from the property. The motion was seconded by Councilwoman Cunningham. For: All; Against: None. The motion carried 6 to 0. B. Approval/Disapproval of an ordinance for a Conditional Use Permit for a Fitness Studio/Health Spa use for property located at 2251 FM 1103, Suite #106, legally described as CIBOLO VALLEY SQUARE LOT #1 BLK #13.21 ACS. Councilwoman Cunningham made the motion to approve an ordinance for a Conditional Use Permit for a Fitness Studio/Health Spa use for property located at 2251 FM 1103, Suite #106, legally described as CIBOLO VALLEY SQUARE LOT #1 BLK #1 3.21 ACS with the following conditions: 1. The use granted by this CUP shall only be allowed within the 2550 square foot suite addressed as 2251 FM 1103, Suite #106. 2. Any and all required building permits and a valid Certificate of Occupancy must be obtained by the owner/applicant. All permit applications submitted for the property are subject to the requirements of the City Code, and the City shall inspect the property in compliance with City ordinances. No use of the property shall be allowed prior to the issuance of a Certificate of Occupancy. 3. No other conditional uses are allowed under the CUP. 4. The CUP shall expire and shall not be valid upon any of the following circumstances: a. upon the expiration of two years from the effective date of this ordinance, provided a Certificate of Occupancy has not been issued for the CUP use; b. upon cessation of Fitness Studio/Health Spa use for a period of time of three (3) months or greater after issuance of a Certificate of Occupancy, or c. upon termination of tenancy by JCG Management Holdings L.L.C. of Suite #106. The motion was seconded by Councilman Mahoney. For: All; Against: None. The motion carried 6 to 0. C. Approval/Disapproval of an ordinance for a Conditional Use Permit (CUP) request to allow Hotel/Motel (Bed and Breakfast) use for certain real property located at 102 Short Street, legally described as ABS: 216 SUR: A S LEWIS 0.210 ACRES; ABS: 216 SUR: A S LEWIS 0.0600 ACRES. After staff present the information to the council and all questions were answered Mayor Allen ask for a motion. No councilmember made a motion to the ordinance failed for lack of motion. 4 D. Approval/Disapproval of a proposed amendment to an ordinance concerning the Conditional Use Permit (CUP) for a Concrete Batching Plant (Temporary) use for property located at 10833 IH -10, legally described as ABS: 134 SUR: JOSE FLORES 7.5100 AC. This item was discussed after the executive session. Councilman Hicks made the motion to approve a proposed amendment to an ordinance concerning the Conditional Use Permit (CUP) for a Concrete Batching Plant (Temporary) use for property located at 10833 IH -10, legally described as ABS: 134 SUR: JOSE FLORES 7.5100 AC with the following conditions: 1. Time Restriction. This CUP shall effectively expire on December 31, 2026, and shall not be valid thereafter; however, the Owner/Applicant may apply for an extension of this CUP prior to December 31, 2026, if more time is needed to complete the Applicant's contractual work for the TxDOT and/or its affiliates. Any extension of this CUP shall be limited to a period not to exceed twelve (12) months. 2. Plat Approval. The Owner/Applicant shall apply for and have an approved, valid, and completed plat, as required by the UDC, or shall receive an approved waiver to platting within 90 days of approval of this CUP. 3. Site Plan Approval. The Owner/Applicant shall apply for and have an approved official site plan in accordance with the UDC within 90 days of approval of this CUP. Once approved, the concrete batching plant use and related activities permitted by this CUP may not substantially deviate from the proposed site plan attached hereto as Exhibit B, nor any site plan subsequently approved by the City. 4. Permits and Inspections required and in place. All required building permits as required by the City's adopted codes shall be submitted by end of business on Friday, June 14`h, and based on the City's Chief Building Official's on-site visit to determine required building permits. The Chief Building Official shall provide the list of required permits to the applicant. Further, the applicant shall work in good faith to request inspections in a timely manner to complete permits and obtain Certificate(s) of Occupancy if appropriate. The City will process and conduct inspections in advance of the City's approval of the Site Plan and satisfaction of the City's subdivision regulations unless otherwise allowed by this CUP. The City shall not approve any building permit until satisfaction of Condition #3 (Plat Approval) and Condition #4 (Site Plan Approval). 5. Perimeter Fence Required to Operate. A perimeter fence must be installed per UDC Sec. 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 its Property, and such fencing shall not be required between the Property and the IH -10 frontage road owned by TxDOT. Perimeter fencing shall be required along all other boundaries of the Property within 15 days of an approved site plan. 6. Landscape Buffer Required to Operate. A Landscape Buffer must be installed per UDC Sec. 17. LL and Sec. 4.3.4.3.1, or the Owner/Applicant must apply for and receive an approved variance to landscape requirements within 60 days of approval of this CUP. 7. Hours of Operation once lawful operation is otherwise achieved pursuant to this CUP. 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 to accommodate the logistical requirements of the TxDOT highway expansion project. 8. Dust Mitigation Required to Operate. The RA -200, or equivalent, dust controller shall always be in operation during which the silo is operating. 9. Expiration. This CUP shall expire: 1) upon the expiration of two years from the effective date of this Ordinance or 2) upon cessation of business operations on the property for more than 90 days, or 3) the occurrence of December 31, 2026, whichever occurs first. 10. Grading mitigation Required at 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 the previously approved grading no later than December 31, 2026, unless an extension of this CUP has been granted prior to such date. 11. Additional Uses. No other conditional uses are allowed under this conditional use permit. 12. 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 all other applicable laws and regulations. The motion was seconded by Councilman Benson. For: All; Against: None. The motion carried 6 to 0. 11. 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 April 9, 2024. B. Approval of the minutes of the Regular City Council Meeting held on April 23, 2024. C. Approval of the January 2024 Check Register pending final acceptance of the City's financial audit for the 2023/2024 fiscal year. D. Approval of the January 2024 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 6 to 0. 12. Staff Update A. Administration a. Joint Memorial Day Event (Cibolo, Schertz & Selma), Monday, 5/27, at 10 a.m. at Veterans Park. b. Fishing Event at the Cibolo/HEB Pond — Confirmed for Saturday, June 1St, from 8 a.m. to 12 p.m. c. Business Appreciation Lunch (May 7th) Recap. — Successful event with over 50 attending. d. Request for Proposals (RFP), Request for Bids (RFB), Request for Qualifications (RFQ). e. Capital Improvement Program — Updates on Projects. (Bentwood Pass, Buffalo Crossing & Bentwood Ranch Drive). Microsurface started 4/22 completion date 4/24 — Striping started 5/7 completion date 5/8 final walk through in a couple weeks. f. Council Budget Workshop — June 18 and July 16. B. Police Department — In packet C. Animal Services — In packet 13. Executive Session The City Council will convene in Executive Session as authorized by the Texas Gov't Code Section 551.071 Consultation with Attorney, 551.072 Real Property, and 551.074 Personnel Matters to deliberate and seek legal advice regarding the following: A. The Duties of the City Attorney and to seek advice related to land use regulation and enforcement, municipal court proceedings, current, anticipated, and future litigation, related settlement matters, and property acquisition. 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. Item l OD was also added to the executive session. The Council convened into Executive Session at 9:20 p.m. 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 10:26 p.m. Councilman Benson made the motion on Item 13B for the city council to assign supervision of the acquisition of land and easements and assign any necessary litigation pertaining to the use of eminent domain by the city in connection with infrastructure improvement projects to the City Attorney's Office at rates discussed in executive session. The motion was seconded by Councilman Mahoney. For: All; Against: None. The motion carried 6 to 0. Councilman Mahoney made the motion on Item 13B that the city council reassign the legal representation of the city in LeGros v. City of Cibolo and in the Cibolo Turnpike Litigation to the City Attorney's Office for handling as the attorney -in -charge, and that the City Attorney request on behalf of the city that its current legal representation in these matters withdraw. The motion was seconded by Councilman Benson. For: All; Against: None. The motion carried 6 to 0. 15. Discussion/Action A. Discussion/Action on the Cibolo Police Department School Resource Officer (SRO) Program and exploring options to shift SROs to patrol. Chief Andres presented a briefing to Council on the Cibolo Police Department School Resource Officer (SRO) Program and exploring options to shift SROs to patrol. There was a lot of discussion by the council on this item. Councilwoman Cunningham made the motion to form a sub -committee consisting of SCUCISD Board present and a couple board members, the City Manager, Mayor Allen and Councilmembers Cunningham, Mahoney, and Benson. The motion was seconded by Councilman Mahoney. For: Councilmembers Cunningham and Mahoney; Against: Councilmembers Benson, Sanchez -Stephens, Hetzel, and Hicks. The motion failed 2 to 4. B. Discussion/Action on the Annual Comprehensive Financial Report. Councilman Hicks made the motion to approve the Annual Comprehensive Financial Report as presented. The motion was seconded by Councilwomen Cunningham. For: All; Against: None. The motion carried 6 to 0. C. Discussion/Action regarding the Final Acceptance of Public Infrastructure for the Quarters (Trophy Oak). Due to the time Councilman Benson made the motion to table items 15C to 15M until The May 28th meeting. The motion was seconded by Councilman Hicks. For: All; Against: None. The motion carried 6 to 0. D. Discussion/Action regarding Final Acceptance of Public Infrastructure for Magnolia Pancake Haus. E. Discussion/Action regarding Final Acceptance of Public Infrastructure for Living Spaces. F. Discussion/Action on City of Cibolo's payment in FY25 for the bonds issued for the CCMA Southern Plant as required in the Southern Plant Wastewater Services and Funding Agreement. G. Discussion/Action on the Future Land Use Map, including the Master Thoroughfare Plan, for the 2024 Cibolo Tomorrow Comprehensive Plan. H. Discussion/Presentation on the Economic Development Annual Report. I. Discussion/Presentation on the 2023 Racial Profiling Report. J. Discussion on the investigation on how the Buffalo Wild Wings sign was approved erroneously. K. Discussion from Councilmembers that have attended seminars, events, or meetings. L. Discussion on items the City Council would like to see on future agendas. M. 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. 16. Adi urnment Councilman Mahoney made the motion to adjourn the meeting at 11:30 p.m. The motion was seconded by Councilwoman Sanchez -Stephens. For: All; Against: None. The motion carried 6 to 0. PASSED AND APPROVED THIS 28TH DAY OF MAY 2024. Mark Allen Mayor ATTEST Peggy Cimics, TRMC City Secretary