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Min CC 02/25/2025CIBOLO CITY COUNCIL CIBOLO MUNICIPAL BUILDING 200 S. Main Cibolo, Texas 78108 February 25, 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 — Councilman R. Roberts gave the Invocation. 4. Pledge of Allegiance — All in attendance recited the Pledge of Allegiance. Proclamation A. Proclamation for Designating March 1" as International Women of Color Day and March 8' as International Women's Day. Councilwoman D. Roberts read the proclamation for Designating March I" as International Women of Color Day and March 8a' as International Women's Day. 6. 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 citvsecretarV601bolota.gov or telephone 210-566-6111 before 5:00 pm the date of the meeting. The following emails were read by the City Secretary's office. Mr. Hayes wrote his concern regarding the Mayor's undermining the City Council and elected voices of the residents. He stated that he believes recent actions are undermining the democratic process in the city and that the mayor's actions are increasingly detrimental to the functioning of the council. He is concerned now that there is a misinterpretation of the city charter. Mr. Hayes hopes moving forward the Mayor will work to restore the integrity of the office he holds, and that of the City Council, by ensuring that the voice of the residents are heard and property represented. Ms. Darnall wrote with her concern by the actions of the Mayor which she believes are undermining the integrity and authority of the City Council and disrespecting the good governance process. As a resident Ms. Darnall would request that the City Council take immediate action to censure the Mayor for his ongoing efforts to undermine the democratic process and the principles of transparency and accountability that the city was built on. Ms. Greve wrote of some issues that keep arising with Republic Garbage service. She stated that her garbage was completely inside aplastic bag, tied at the top, and then it was placed in the can with the lid closed. There was no overflowing or loose garbage outside the can on the street or pushing the lid up. Ms. Greve provide pictures of what happen to garbage. Ms. Greve did go to See Click Fix, after she took a broom and cleaned up the mess left by Republic. She tried to report the issue, but it failed and not able to resubmit. She also wrote on getting can replaced or trash missed on trash days. This is an on-going issue with Republic not an open time occurrence. Mr. Benson stated that he appreciated the response that he received from Mr. Reed regarding the PW contract. He still has questions that he feels deserve clear and thorough answers. His primary concern is understanding what Mr. Fousse's contract provides that the Public Works Department cannot handle internally. If his role was truly essential, why hasn't the department developed internal expertise to cover these responsibilities. Mr. Benson wants to know if other bids considered, or was this contract awarded without competitive review. Will there be independent review to assess the contract's effectiveness. Will reports, audits, or evaluations to ensure that the services provided align with the contract amount. Mr. Benson states that the key issue is ensuring transparency, accountability, and fiscal responsibility. 7. Public Hearing A. Conduct a Public Hearing regarding a Conditional Use Permit (CUP) request to allow a Local Convenience Store with Fuel Sales (larger than 5,000 square feet) in a Retail/Office (C-3) District for certain real property located at 1636 FM 1103, legally described as Cibolo Creek Center, Block 1, Lot 1. Mayor Allen opened the Public Hearing at 7:01 p.m. No one wish to speak on this item and Mayor Allen closed the Public Hearing at 7:02 p.m. 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 November 2024 Revenue and Expense Report pending final acceptance of the City's financial audit for the 24/25 fiscal year. B. Approval of the November 2024 Check Register. C. Approval of the Replat of the Noble Group subdivision. Councilwoman D. Roberts 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. Fj 9. Staff Update A. Administration. a. Capital Improvement Program — Updates on Projects Lower Seguin Road Contractor is working with Sub -Contractor to get a date for Pavement Markings due to weather delays. Dean Road and Bolton Road City staff met on site Friday, February 25h to mark out the area for repair. Green Valley Road — Low Water Crossing Improvement Pavement markings are completed. D&D will be making two concrete manhole adjustments at the intersection of Dean Rd & Green Valley Dr. Animal Services Facility Front & Rear stairs have been installed. Public Safety Facility Haeckerville Road and Town Creek Drainage No new update. FY25 Street Rehabilitation Package 1 FY25 Street. Rehabilitation Package 2 Town Creek Trail No new update. Tolle Road No new update. FM 1103 Phase 1 and Phase II b. RFP's, RFQ's, and RFB's Old Town Solid Waste Franchise c. Strategic Management Workshop — Date set for April 5°i. B. Fire Department — In the packet C. Quarterly Report on the use of See Click Fix — Mr. Beekman gave a presentation. 10. Ordinances A. Approval/Disapproval of an Ordinance of a proposed amendment to an ordinance for restricted and regulated parking surrounding the city hall complex. Councilman Hicks made the motion to approve the Ordinance of a proposed amendment to an ordinance for restricted and regulated parking surrounding the city hall complex. The motion was seconded by Councilwoman Cunningham. For: Councilman McGlothin, Councilman R. Roberts, Councilwoman Cunningham, Councilwoman Sanchez -Stephens, Councilwoman D. Roberts, and Councilman Hicks; Against: Councilman Mahoney. The motion carried 6 to 1. 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, 551.074 Personnel Matters, and 551.087 Regarding Economic Development to discuss the following: A. Project Theo B. Project Freeze C. Tolle Road Acquisition. D. Legal proceeding regarding certain working conditions at the police department. E. Discussion regarding the performance and responsibilities of the City Manager, including responsiveness, compliance and adherence to the Council's motion/direction. F. Discussion on Mayor's delegation of authority. G. Receive legal advice regarding Attorney General Ruling OR2025-003949. Council convened into Executive Session at 7:27 p.m. to discuss the above items. 12. 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 9:56 p.m. No action was taken. 13. 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. Councilwoman Cunningham made the motion to table this item until the March City Council meeting. The motion was seconded by Councilman Hicks. For: All; Against: None. The motion carried 7 to 0. 14. Discussion/Action A. Discussion/Action to approve a Professional Services Agreement with Lionheart Places, LLC for the Old Town/Downtown Master Plan and authorize the City Manager to execute the Agreement in the amount of One Hundred Sixty Thousand Dollars ($160,000). Councilman Hicks made the motion to approve a Professional Services Agreement with Lionheart Places, LLC for the Old Town/Downtown Master Plan and authorize the City Manager to execute the Agreement in the amount of One Hundred Sixty Thousand Dollars ($160,000). The motion was seconded by Councilwoman Cunningham. For: All; Against: None. The motion carried 7 to 0. B. Discussion/Action to consider a request to release a 17 -acre tract, described as ABS: 134 SUR Jose Flores; and, a 2 -acre tract, described as ABS: 134 SUR Jose Flores, generally located at the 1100 block of Bolton Road, in Guadalupe County, from the City of Cibolo's 5 -mile extraterritorial jurisdiction (ETJ). Mayor Allen moved this item up on the agenda before council goes into executive session. Councilman Hicks made the motion to deny a request to release a 17 -acre tract, described as ABS: 134 SUR Jose Flores; and, a 2 -acre tract, described as ABS: 134 SUR Jose Flores, generally located at the 1100 block of Bolton Road, in Guadalupe County, from the City of Cibolo's 5 -mile extraterritorial jurisdiction (ETJ) due to a pending lawsuit. The motion was seconded by Councilman R. Roberts. For: All; Against: None. The motion carried 7 to 0. C. Discussion/Action to consider a request to release a 19.06 -acre tract of land, Pedro San Miguel Survey No. 256, Abstract No. 227, Volume 567, Page 876, Deed of Records of Guadalupe County; and, a 4.26 -acre tract, described as ABS: 227 SUR: P Miguel, Guadalupe County, generally located at 5711 Green Valley Road, from the City of Cibolo's 5 -mile extraterritorial jurisdiction (ETJ). Mayor Allen moved this item up on the agenda before council goes into executive session. Councilman Hicks made the motion to deny a request to release a 19.06 -acre tract of land, Pedro San Miguel Survey No. 256, Abstract No. 227, Volume 567, Page 876, Deed of Records of Guadalupe County; and, a 4.26 -acre tract, described as ABS: 227 SUR: P Miguel, Guadalupe County, generally located at 5711 Green Valley Road, from the City of Cibolo's 5 -mile extraterritorial jurisdiction (ETJ) due to pending lawsuit. The motion was seconded by Councilman R. Roberts. For: All; Against: None. The motion carried 7 to 0. D. Discussion/Action regarding the appointment of a Board of Trustees member to the Canyon Authority and bring back a resolution to the next meeting appointing that person to the Board. Councilman Hicks made the motion to bring back a resolution to appoint Councilwoman D. Robert to the Canyon Region Water Authority Board of Trustees replacing Mr. Gibbs. The motion was seconded by Councilwoman Sanchez -Stephens. For: All; Against: None. The motion carried 7 to 0. Councilman Hicks made the motion to bring back a resolution appoint Councilman Mahoney to the Canyon Region Water Authority Board of Trustees replacing Mr. Fousse. The motion was seconded by Councilwoman D. Roberts. For: All; Against: None. The motion carried 7 to 0. E. Discussion/Action regarding the appointment of a representative to the Canyon Regional Water Board of Managers and bring back a resolution to the next meeting appointing that person to the Board. Councilman Hicks made the motion to bring back a resolution appointing Mr. Parsons to the Canyon Regional Water Authority Board of Managers for another one-year term. The motion was seconded by Councilwoman Cunningham. For: All; Against: None. The motion carried 7to0. E F. Discussion/Action on hiring a facilitator to work with the city council. Councilwoman D. Roberts made the motion to table this item. The motion was seconded by Councilwoman Cunningham. For: All; Against: None. The motion carried 7 to 0. G. Discussion/Action on the FY25 Strategic Partnership Grant Program. Councilwoman Sanchez -Stephens made the motion to approve the FY25 Strategic Partnership Grant Program beginning March 1 and closing April 30, 2025. The motion was seconded by Councilwoman D. Roberts. For: All; Against: None. The motion carried 7 to 0. H. Discussion/Presentation update of the 2024 Racial Profiling Report. Councilman Hicks made the motion to table this item. The motion was seconded by Councilwoman Cunningham. For: All; Against: None. The motion carried 7 to 0. I. Discussion/Action regarding the interpretation of the City Charter as it relates to the mayor's authority to vote. Council Hicks made the motion for the purpose of voting on the appointment/removal of the City Manager, City Secretary, Municipal Judge, or City Attorney the Mayor has no right to vote unless there is a tie. The motion was seconded by Councilwoman Sanchez -Stephens.. For: Councilwoman D. Roberts, Councilwoman Sanchez -Stephens, and Councilman Hicks; Against: Councilman McGlothin, Councilman R. Roberts, Councilman Mahoney, and Councilwoman Cunningham. The motion failed 3 to 4. J. Discussion/Action on hiring new legal services for reassignment of all present and new projects from Hyde Kelley LLP. Councilwoman Sanchez -Stephens made the motion on hiring new legal services for reassignment of all present and new projects from Hyde Kelley LLP and go with the recommendation from the last RFP from Denton Navarro. Motion was seconded by Councilwoman Cunningham. For: Councilwoman Cunningham, Councilwoman Sanchez - Stephens, and Councilman Hicks; Against: Councilman McGlothin, Councilman R. Roberts, Councilman Mahoney, and Councilwoman D. Roberts. The motion failed 3 to 4. K. Discussion/Action on hiring a new legal service to assist and advise with upcoming Charter Review. Councilwoman Sanchez -Stephens made the motion on hiring a new legal service to assist and advise with upcoming Charter Review and would like to go with Denton Navarro. The motion was seconded by Councilwoman Cunningham. For: Councilwoman Cunningham, Councilwoman Sanchez -Stephens, and Councilman Hicks; Against: Councilman McGlothin, Councilman R. Roberts, Councilman Mahoney, and Councilwoman D. Roberts. The motion failed 3 to 4. L. Discussion from Councilmembers who have attended seminars, events, or meetings. Councilman Mahoney stated that he attended the NEP meeting, the Chamber luncheon, Casino Event, and the event at the Brooks. M. Discussion on items the City Council would like to see on future agendas. Councilwoman Cunningham would like an item on extending the council meeting time so council can complete the agenda also an update on small business outreach. Councilwoman Sanchez -Stephens would like an item on the agenda to see if council would like to sponsor a table for Thriving Hearts. N. 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. Ms. Cimics reminded those that have not attended the Ethics Training that the next training is scheduled for Thursday, February 2r at 6:30 p.m. 15. Adiournment — Councilman Hicks made the motion to adjourn the meeting at 10:23 p.m. The motion was seconded by Councilman R. Roberts. For: All; Against: None. Motion carried 7 to 0. PASSED AND APPROVED THIS 11TH DAY OF MARCH 2025. Mayor ATTE7� 9 7 �-�-----� Peggy Cimics, TRMC City Secretary