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Min CC 02/11/2025CIBOLO CITY COUNCIL CIBOLO MUNICIPAL BUILDING 200 S. Main Cibolo, Texas 78108 February 11, 2025 6:30 p.m. to 10:30 p.m. MINUTES Call to Order — Meeting was called to order by Mayor Allen at 6:35 p.m. 2. Roll Call and Excused Absences — Members Present: Mayor Allen, Councilman McGlothin, Councilman R. Roberts, Councilman Mahoney, Councilwoman Cunningham, Councilwoman Sanchez -Stephens, Councilwoman D. Roberts, and Councilman Hicks. Invocation — Invocation was given by Councilman R. Roberts. 4. Pledge of Allegiance — All in attendance recited the Pledge of Allegiance. Presentation of Awards/Recognitions A. Recognition of former Mayor Stosh Boyle as AACOG Man of the Year for 2024. Former Mayor Boyle was presented a Certificate of Recognition by Mayor Allen. Mr. Boyle was recognized by Alamo Area Council of Governments (AACOG) as Man of the Year for 2024. 6. Proclamation A. Proclamation for School Resource Officer Appreciation Day. Councilwoman Cunningham read the Proclamation for School Resource Officer Appreciation Day. 7. Citizens to be Heard This is the only time during the Council Meeting that a citizen can address the City Council. It is an 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 including City Staff. 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 citvsecretaryna.cibolotx.¢ov or telephone 210-566-6111 before 5:00 pm the date of the meeting. The following individuals signed up to speak — Ms. Titterington from the Chamber briefed the council on upcoming events. The Chamber luncheon will be the State of the Cities. This is a sold -out event. Ms. Titterington also briefed council on a ribbon cutting for 9Round in Cibolo for February 28h at 9am. Mr. Echols spoke on the self -storage facility for FM 1103 and Wiederstein. He stated that he had talked with many of the neighboring businesses and individuals that live right behind the plan site. Ms. Schaezler from Warbler Woods spoke against the CUP for the storage facility. She was concerned about the Pre -School across the street from this potential facility and an elementary school down the road. Ms. Schaezler also was concerned about trash as medal and plastic can be very bad for the birds at Warbler Woods. Mr. Roberson. Gave his three minutes to Ms. McDaniel. Ms. McDaniel spoke on the traffic control options on GVR and Schlather Intermediate School. She stated that all options would make it difficult for those living in the Saratoga Subdivision impossible to get out of their neighborhood. There were eight emails read by the City Secretary's office: Della Kolpin from Olympus Ventures that wrote in favor of the self -storage. This company will provide the investment capital and collaborate in the development of the Marbach Property. Vishnu Vemuidpalli owns the approximately 19 -acre property situated next to the future Quik Trip and their excess pad site on FM 1103. The 19 -acre property also is adjacent to and situated behind the David Marbach property. He supports the CUP for a 3 -story self -storage project. Sally Kaufman, Kaufman Design Group is the architect for the proposed 3 -story self -storage unit. She stated that the applicant's ability and willingness to fully comply with the conditions for approval it is her professional opinion as an architect to vote in favor of the CUP. Christopher Wood of Matkin Hoover Engineering is the civil engineer of record the both the Quik Trip and this 3 -story self -storage facility. He states that the CUP for self -storage is appropriate and warranted. David Marbach is the current owner of this property. He states that his family has owned and lived on this property since 1950's. Mr. Marbach also says tht this property was residential until the City initiated the rezoning to C-3 in 2013. He also states that he has tried to sell the property in the last ten years several times, but all potential buyers were turned down at City Council because of zoning. Mr. Marbach thank council but says he is running out of options and respectfully ask that you vote in favor of the CUP which will allow me to finally sell my property. David Freimarck spoke on the CUP. He says that he did not think a straight storage facility is what the city needs. He does say that the city needs more businesses tht can contribute to our community from a cultural and financial standpoint. Mr. Freimarck says that the CUP approval should be contingent on the developer building a loft type development where the storage units could be on the higher floors and the ground floor could be retail space. Terence Benson writes that we have been told that this is a really tight budget, lean and no fat. The city found money in this tight budget to spend $49,000 on a consultant contract. Mr. Benson says we heard the reason for this contract was because he has valuable insight and information. He would like to know why we didn't get this information before he retired. Is this how the city manager is managing resources. What is the real turn over plan and what would happen if something tragic occurred, would we be able to figure things out or does every position need a consulting contract after they leave. Mr. Benson states that this contract looks shady both because it exists and because it was for an amount $1 less than would require council approval. 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 January 28, 2025. 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. 9. Staff Update A. Administration. a. Capital Improvement Program — Updates on Projects Lower Seguin Road — Due to weather pavement markings have been delayed. Dean Road and Bolton Road — There are spots were the soil shifted under the road base, causing cracking and vertical movement. All roads were constructed according to City plan and all materials not specifications. Staff will identify and mark out sections of payment that will be subject to remove and replace. Mill down 2" inches, Crack Seal, Seal Coat, and pave with fresh asphalt. Remaining sections will be cracked seal by D&D. Cost will be split between D&D and City. Green Valley Road — Low Water Crossing Improvement — Due wo weather pavement markings have been delayed. Animal Services Facility Utilities, Electrical, and Internet have been completed. Rear stairs have been installed, front stairs are scheduled for February 18tH Public Safety Facility — No new information Haeckerville Road and Town Creek Drainage — No new information. FY25 Street Rehabilitation Package 1 FY25 Street Rehabilitation Package 2 Town Creek Trail — TxDOT and AAMPO working with city staff to identify twelve crosswalks that were included in the original application to AAMPO. Tolle Road — LAN continues to work on Drainage and Roadway Design. Staff continues to work with property owners on ROE approvals. FM 1103 Phase 1 and Phase II b. RFP's, RFQ's, and RFB's Old Town Solid Waste Franchise c. Strategic Management Workshop — Waiting on dates from some of the councilmembers. B. Police Department — In packet C. Animal Services — In packet 10. Discussion/Action A. Discussion/Action on the use of the Multi -Event Center in 2026 for the Pow Wow. Councilwoman Cunningham made the motion to hold the dates and to cover the rental fee for the Multi -Event Center and bring back the cost analysis for everything else. The motion was seconded by Councilman Hicks. For: All; Against: None. The motion carried 7 to 0. B. Discussion/Action to authorize the City Manager to execute a contract with D&D Construction, Inc. in the amount of $2,691,158.40 for the FY25 Street Maintenance Package 1 (Green Valley Road #1, Green Valley Road #2, Deer Creek Blvd). Councilman Hicks made the motion to authorize the City Manager to execute a contract with D&D Construction, Inc. in the amount of $2,691,158.40 for the FY25 Street Maintenance Package 1 (Green Valley Road #1, Green Valley Road 92, Deer Creek Blvd) with the added alternate. The motion was seconded by Councilwoman Cunningham. For: All; Against: None. The motion carried 7 to 0. C. Discussion/Action to authorize the City Manager to execute a work order with Raba Kitsner, Inc. in the amount of $50,187.00 to provide material testing services for FY25 Street Maintenance Package 1. Councilwoman Cunningham made the motion to authorize the City Manager to execute a work order with Raba Kitsner, Inc. in the amount of $50,187.00 to provide material testing services for FY25 Street Maintenance Package 1. The motion was seconded by Councilman Hicks. For: All; Against: None. The motion carried 7 to 0. D. Discussion/Action to authorize the City Manager to execute a work order with Colliers Engineering & Design to provide construction project management services for FY25 CIP Projects (Green Valley #1, Green Valley #2, Deer Creek Blvd, Town Creek Road, Silver Wing, and Firebird Run) in the amount of $250,000. Councilwoman Cunningham made the motion to authorize the City Manager to execute a work order with Colliers Engineering & Design to provide construction project management services for FY25 CIP Projects (Green Valley #1, Green Valley #2, Deer Creek Blvd, Town Creek Road, Silver Wing, and Firebird Run) in the amount of $250,000. Motion was seconded by Councilman Hicks. For: All; Against: None. Motion carried 7 to 0. E. Discussion/Action on existing Council Sub-Committees and direction to continue, dissolve, and/or reappoint. Council took the following actions on this item: Councilwoman Cunningham made the motion to dissolve the Niemietz Park (Land Swap) Subcommittee. The motion was seconded by Councilman Hicks. For: All; Against: None. The motion carried 7 to 0. Councilman R. Roberts made the motion to dissolve the Green Valley SUB Subcommittee. The motion was seconded by Councilwoman Cunningham. For: All; Against: None. The motion carried 7 to 0. Councilman Mahoney made the motion to dissolve the Planning & Zoning Subcommittee. The motion was seconded by Councilman R. Roberts. For: All; Against: None. The motion carried 7 to 0. Councilwoman Cunningham made the motion to rename the SRO Subcommittee to the ISD Subcommittee. The motion was seconded by Councilman R. Roberts. For: All; Against: None. The motion carried 7 to 0. Councilman Hicks made the motion to appoint Councilwoman D. Roberts to the ISD Subcommittee. The motion was seconded by Councilman R. Roberts. For: All; Against: . None. The motion carried 7 to 0. Councilwoman D. Roberts made the motion to appoint Councilman McGlothin to the ISD Subcommittee. The motion was seconded by Councilman R. Roberts. For: All; Against: None. The motion carried 7 to 0. Councilwoman Sanchez -Stephens made the motion to appoint Councilwoman Cunningham to the ISD Subcommittee. The motion was seconded by Councilman Hicks. For: All; Against: None. The motion carried 7 to 0. Councilman Hicks made the motion to appoint Councilwoman Cunningham to the CIP Subcommittee. The motion was seconded by Councilman McGlothin. For: All; Against: None. The motion carried 7 to 0. Councilwoman Sanchez -Stephens made the motion to appoint herself to the CIP Subcommittee. The motion was seconded by Councilman Hicks. For: Councilman McGlothin, Councilman R. Roberts, Councilman Mahoney, Councilwoman Cunningham, Councilwoman Sanchez -Stephens, and Councilman Hicks; Against: Councilwoman D. Roberts. The motion carried 6 to 1. Councilman Hicks made the motion to appoint Councilman R. Roberts to the Ordinance Subcommittee. The motion was seconded by Councilwoman Cunningham. For: All; Against: None. The motion carried 7 to 0. Councilwoman D. Roberts made the motion to appoint herself to the Ordinance Subcommittee. The motion was seconded by Councilman R. Roberts. For: All; Against: None. The motion carried 7 to 0. Councilwoman Cunningham made the motion to appoint Councilman Mahoney to the Ordinance Subcommittee. The motion was seconded by Councilman Hicks. For: All; Against: None. The motion carried 7 to 0. Councilman McGlothin made the motion to create the Boards and Commissions Committee Subcommittee. The motion was seconded by Councilman Hicks. For: All; Against: None. The motion carried 7 to 0. Councilman Hicks made the motion to appoint Councilwoman Sanchez -Stephens to the Boards and Commissions committee Subcommittee. The motion was seconded by Councilman McGlothin. For: All; Against: None. The motion carried 7 to 0. Councilman Hicks made the motion to appoint Councilman McGlothin to the Boards and Commissions Committee Subcommittee. The motion was seconded by Councilwoman Cunningham. For: All; Against: None. The motion carried 7 to 0. Councilman Mahoney made the motion to appoint himself to the Boards and Commissions Committee Subcommittee. The motion was seconded by Councilwoman Cunningham. For: Councilman McGlothin, Councilman R. Roberts, Councilman Mahoney, Councilwoman Cunningham, Councilwoman D. Roberts, and Councilman Hicks; Against: Councilwoman Sanchez -Stephens. The motion carried 6 t 1. F. Discussion/Action on updating the ordinance on the criteria required for the Planning & Zoning Commission. Councilman Mahoney made the motion to table this item to a future agenda. The motion was seconded by Councilman Hicks. For: All; Against: None. The motion carried 7 to 0. G. Discussion/Action on the council's process to appoint members to the Charter Review Committee and the Capital Improvement Program (CIP) Committee. Councilman Hicks made the motion that each councilmember and the mayor bring back to the council one person to be appointed to the Charter Review Committee and a person to be appointed to the Capital Improvement (CIP) Committee. Charter Review could have up to fifteen (15) members. The motion was seconded by Councilwoman D. Roberts. For: All; Against: None. The motion carried 7 to 0. 5 H. Discussion/Presentation regarding the Public Engagement Plan for the Unified Development Code (UDC) Rewrite. This item was briefed by Mr. Spencer. He went over Project goals and schedule. Mr. Spencer also covered the roles and responsibilities along with the Public Engagement Plan. Public engagement opportunities and methods were also briefed. Council had the opportunity to give feedback and direction. I. Discussion/Action on a warming center in the City of Cibolo. This item was discussed by council. Councilwoman Sanchez -Stephens suggested that the Noble Group property could be used for this purpose. It is right near the Fire Department. It is something that could be needed by the elderly in the community. Volunteers could help with providing help during the time the building was occupied for this type of event. Councilwoman Cunningham stated that not just warming center but an emergency center. Councilman Hicks stated that this is an item that could be discussed during the strategy planning workshop. Mr. Reed said he would get examples of what other cities do to help citizens during emergency events that may happen in the city. J. Discussion/Action on hiring new legal counsel for the City Attorney and authorizing the City Manager to negotiate terms as directed by the council. This item was done after item 10K. Councilwoman Cunningham made several motions, but they were all rescinded until the final motion was taken. Councilwoman Cunningham made the motion to hire a 3`a party attorney to interpret the City Charter to determine validity of the vote taken to remove Hyde -Kelley with Mayor participating on the vote on the termination of the City Attorney. Also, the legal firm hired to interpret the City Charter is to be one that has not worked with the City in the past. The motion was seconded by Councilman Hicks. For: Councilman Mahoney, Councilwoman Cunningham, Councilwoman Sanchez -Stephens, Councilwoman D. Roberts, and Councilman Hicks; Against: Councilman R. Roberts and Councilman Mahoney. Motion carried 5 to 2. K. Discussion/Action on the removal and termination of the current/existing legal services and agreements with Hyde Kelley LLP. This item was done before IOJ. Councilwoman Sanchez -Stephens made the motion to removal and termination of the current/existing legal services and agreements with Hyde Kelley LLP to include all special projects. The motion was seconded by Councilwoman Cunningham. For: Councilwoman Sanchez -Stephens, Councilwoman Cunningham, Councilwoman D. Roberts, and Councilman Hicks; Against: Councilman McGlothin, Councilman R. Roberts, and Councilman Mahoney. At this time Mayor Allen stated he has the ability to vote according to the City Charter and the City Attorney (Mr. Hyde) agreed and he vote against this making it a 4 to 4 vote. Mayor allowed no other discussion and moved on to item l OJ. L. Discussion/Action on Traffic Control Options on Green Valley Road near Schlather Intermediate School. Councilwoman Sanchez -Stephens made the motion to table this item to a future agenda. The motion was seconded by Councilman R. Roberts. For: All; Against: None. The motion carried 7 to 0. M. Discussion from Councilmembers who have attended seminars, events, or meetings. The City Council was not able to get to this item as the time for the meeting had ended. N. Discussion on items the City Council would like to see on future agendas. This item was not discussed time for meeting had expired. 0. Discussion 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. This item was not discussed time for meeting had expired. 11. Ordinances A. Approval/Disapproval of an Ordinance authorizing the issuance of the City's Certificates of Obligation, Series 2025 in an amount not to exceed $11,500,000; providing for the payment thereof by the levy of an Ad Valorem Tax and a Lien on the Pledge of Pledged Revenues; and other matters in connection therewith. Councilman Hicks made the motion to approve the Ordinance authorizing the issuance of the City's Certificates of Obligation, Series 2025 in an amount not to exceed $11,500,000; providing for the payment thereof by the levy of an Ad Valorem Tax and a Lien on the Pledge of Pledged Revenues; and other matters in connection therewith. The motion was seconded by Councilwoman D. Roberts. For: All; Against: None. The motion carried 7 to 0. B. Approval/Disapproval of an Ordinance authorizing the issuance of the City's General Obligation Bonds, Series 2025 in the approximate amount of $2,000,000; providing for the payment thereof by the levy of an Ad Valorem Tax; and other matters in connection therewith. Councilman Hicks made the motion to approve the Ordinance authorizing the issuance of the City's General Obligation Bonds, Series 2025 in the approximate amount of $2,000,000; providing for the payment thereof by the levy of an Ad Valorem Tax; and other matters in connection therewith. The motion was seconded by Councilwoman D. Roberts. For: All; Against: None. The motion carried 7 to 0. 0. Approval/Disapproval of an Ordinance for a Conditional Use Permit request to allow Convenience Storage use for 3.93 acres out of a 12.7630 acre -tract of certain real property located at 21105 Old Wiederstein Road, legally described as ABS: 277 SUR: J N RICHARSON 12.7630 AC. Councilwoman Sanchez -Stephens made the motion to approve an Ordinance for a Conditional Use Permit request to allow Convenience Storage use for 3.93 acres out of a 12.7630 acre -tract of certain real property located at 21105 Old Wiederstein Road, legally described as ABS: 277 SUR: JN RICHARSON 12.7630 AC with the following conditions: 1. Site Plan — A site plan in compliance with UDC Sec. 12.3.2 must be submitted for review and shall not substantially deviate from the concept plan approved with the CUP. 2. Building & Fire Codes — Applicant must comply with all Building and Fire Code requirements. 3. Permits & Inspections — All required building permits and Certificate of Occupancy must be obtained. All permit applications submitted for this property are subject to the requirements of the Code. 4. Additional Uses —No other conditional uses are allowed under this conditional use permit. 5. Recordation of Plat — A subdivision plat must be submitted for review and approved with the City of Cibolo and recorded upon completion. 6. Retail/Office (C-3) Regulations — All regulations of the Retail/Office (C-3) Zoning District, other than those amended by the Conditional Use Permit, apply to the Property. 7. Review Fees — All fees associated with the review and processing of the application must be paid in full. 8. CUP Applicability — This Conditional Use Permit for Convenience Storage applies only to the 3.93 -acre portion of the 12.7630 -acre tract, described as part of the J N Richardson Survey, Abstract 277, Guadalupe County, Texas. The conditional use of Convenience Storage must be developed in accordance with the concept plan for the approved CUP. 9. Landscaping — A landscaping plan subject to the requirements of article 17 of the UDC must be submitted to the City of Cibolo for review and approval as part of the site plan application. All landscaping must be completed pursuant to an approved landscaping plan prior to the issuance of a Certificate of Occupancy. 10. Exterior Lighting — A lighting plan subject to the illumination standards of Article 7 of the UDC must be submitted to the City of Cibolo for review and approval as part of the site plan application. The plan must ensue that light pollution, glare, and trespass are minimized, with illumination at the property lines limited to one (1.0) foot candle. All lighting must be completed pursuant to an approved lighting plan prior to the issuance of a Certificate of Occupancy. 11.Exterior Architectural Elements — Building plans submitted to the City of Cibolo for review and approval must be consistent with and shall not substantially deviate from the architectural elevations and renderings approved with the CUP for Convenience Storage. Exterior building colors must adhere to the Sherwin Williams Historic Color Palette per Section 8.3.2.B of the UDC and be compatible with the colors of nearby buildings along Old Wiederstein Road. 12. Emergency Access Easement— An egress/ingress easement must be established to provide secondary emergency access for both the subject property and the adjacent property to the rear off FM 1103. This easement must be depicted on the recorded subdivision plat and included as a plat note to ensure the egress/ingress easement extends from the front property line on Old Wiederstein Road, southward across the subject property, to the rear property line shared with adjacent property off FM 1103. 13. Detention Facility — Onsite detention is required, as shown on the concept plan. A plat note must be included on the recorded subdivision plat stating that the maintenance and upkeep of the proposed detention pond and all onsite drainage improvements are the sole responsibility of the property owner's association (POA). The motion was seconded by Councilman Mahoney. For: Councilman Mahoney, Councilwoman Cunningham, Councilwoman Sanchez -Stephens, Councilwoman D. Roberts, and Councilman Hicks; Against: Councilman McGlothin and Councilman R. Roberts. The motion carried 5 to 2. 12. 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 551.074 Personnel Matters to discuss the following: A. Legal advice regarding the SB 2038 litigation related to the constitutionality of legislation allowing ETJ property owners to seek removal from the city's ETJ based on a single, unilateral petition, and related treatment of petitions received by the City, while litigation continues. (Discussed) B. Legal advice regarding litigation challenging certain actions by the Texas Commission on Law Enforcement. (Discussed) C. Legal proceeding regarding certain working conditions at the police department. (Do to time not fully discussed) D. Discussion regarding the performance and responsibilities of the City Manager, including responsiveness, compliance and adherence to the Council's motion/direction. (Ran out of time not discussed) 8 E. Discussion on Mayor's delegation of authority. (Ran out of time not discussed) F. Receive legal advice regarding Attorney General Ruling OR2025-003949. (Discussed) Council convened into Executive Session at 10:12 p.m. to discuss the above items. 13. 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. Council reconvened into Regular Session at 10:29 p.m. No action taken. 14. Resolution A. Approval/Disapproval of a Resolution determining a public necessity to acquire real property interests in certain properties and authorizing the acquisition of property rights by the exercise of the power of eminent domain for the Tolle Road Reconstruction Project; authorizing the city attorney to take all steps necessary to acquire the needed property rights in compliance with all applicable laws and regulations, specifically including Chapter 21 of the Texas Property Code; and finding and determining that the meeting at which this resolution is passed, by a record vote, is open to the public as required by law. Council never got to this item before the 10:30 p.m. deadline. 15. Adioumment Councilman R. Roberts made the motion to adjourn the meeting at 10:30 p.m. The motion was seconded by Councilman McGlothin. For: All; Against: None. The motion carried 7 to 0. 0 Mark Allen Mayor ATTEST Peggy Cimics, TRMC City Secretary 11TH DAY OF MARCH 2025.