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Min CC 04/08/2025CIBOLO CITY COUNCIL CIBOLO MUNICIPAL BUILDING 200 S. Main Cibolo, Texas 78108 April 8, 2025 6:30 p.m. to 11:00 p.m. MINUTES Call to Order — The meeting was called to order by Mayor Allen at 6:31 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. 3. Invocation — Councilman Hicks gave the Invocation. 4. Pledge of Allegiance — All in attendance recited the Pledge of Allegiance. 5. Proclamations A. Proclamation for Animal Control Appreciation Week. The proclamation was read by Councilwoman D. Roberts and received by the Animal Shelter personnel. B. Proclamation for Month of the Military Child Councilman Hicks read the proclamation. There were several children of military members in the audience that accepted the proclamation. C. Proclamation for Child Abuse Prevention Month. Councilwoman Cunningham read the proclamation and presented the proclamation to Ms. Meehan and members CASA. D. Proclamation for National Crime Victims' Rights Week. Councilman Mahoney read the proclamation and presented the proclamation to Ms. Meehan and members CASA. E. Proclamation for National Sexual Assault Awareness and Prevention Month. Councilwoman Sanchez -Stephens read this proclamation. F. Proclamation for National Sexual Assault Awareness Month. Councilwoman D. Roberts read this proclamation. After reading this proclamation both Ms. Meehan and Ms. Vasquez representing both Guadalupe County and Comal County received a copy of the proclamation. 6. Committee Appointments — Appointments were completed at the 6:00 p.m. meeting. 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 citysecretaryCa,cibolotz.eov or telephone 210-566-6111 before 5:00 pm the date of the meeting. The following individuals signed up to speak during this item: Mr. Hinze spoke on the car show this past Saturday. He thanked the mayor and council members that were able to get away from their meeting and come out and enjoy an hour with the Police Alumni of both Cibolo and Schertz. Ms. Titterington from the Chamber spoke in favor of rezoning for the Hartman's and for the variance for Grampie's Pizzeria. Mr. Armstrong from Republic Services spoke on the contract for trash pickup. He stated is it worth changing for a small amount of money. If it's not broken why change. Mr. Armstrong said transition is a risk. Mr. Roberson spoke about an upcoming meeting for GVSUD covering process for developers. Meeting will be in Marion at the GVSUD office building. Mr. Williams, the Mayor of New Berlin, spoke to council on the amount of taxes cities are paying to Guadalupe Co. He stated that citizens are paying 90% of the county taxes and what are cities getting in return. He also stated that Cibolo was supposed to receive two police vehicles, but the county decided to keep one of them. Mr. Butzirus spoke about Cibolo Tolle Road. He wanted to know when this area got re- zoned as there is a paving company that has a business on this road. He also stated that cars and truck speed on this road all the time and asked if the police department could patrol this area. Councilman Hicks read an email that was sent in by Mr. Benson. Mr. Benson spoke on police staffing. He said we have a police sergeant making nearly six figures whose primary job is posting on social media. Mr. Benson also said that there are at least three licensed peace officers who are not on patrol. These officers are an Admin. Sergeant, Professional Dev. Sergeant, and a Recruiter. All-important but could be filled by civilians for less money. Officers take an oath of office to protect and serve not to push papers. Councilman McGlothin read an email from the Ms. Popham's. She wrote in support of the rezoning from SF2 to C2R for the Bum Boot Camp. She wrote that this is not just a gym, it is also a place of healing and peace. The following citizens were present at the meeting and signed up to speak in favor of the rezoning. The Hartman's, Mr. Storch, Ms. Torres, Ms. Barbeloffi, Ms. Tanke, Ms. Dietz, Mr. Hampton, and Ms. Boyd. Each of these individuals were in support of the rezoning from S172 to CR2 for the Bum Boot Camp. Many of them had a story on how this business helped them though a tough time in their life. The following email was read by Ms. Chapman from Mr. Thompson. Mr. Thompson wrote to express his strong objection to recent taxpayers' funds for unnecessary expenditures such as golf tournaments and numerous out of town and out of state conferences. Mr. Thompson was also concerned about recent discussions regarding potential cuts to staff salaries and professional development opportunities. He stated that council needs to lead by example. The council needs to explore cost effective alternatives for their training. The City Secretary's office read emails from the following individuals that were also in favor of the Burn Boot Camp. All of the individuals spoke on how this business is not just a gym but a family -friendly business. Many that wrote in stated that the owners have an unwavering sense of community. They create an atmosphere of encouragement that keeps you going. The Burn Boot Camp is a place where connections are built, goals are shared, and every victory is celebrated. Emails were from: Ms. Rose, Ms. Santos, Ms. Day, Ms. Figueroa, Ms. McConnell, Ms. Dixon, Ms. Kupp, Ms. Cameron, Ms. Caroon, Ms. Popham, Ms. Boomhower, Ms. Barbee, Ms. Harris, Ms. Konrad, Ms. Lewis, Ms. Martinez, Ms. Lockwood, Ms. Fine, Ms. Sinha, Mr. Bonnell, Mr. Etheridge, Ms. Le, Mr. Robbins, Ms. Tarrant, Mr. Martinez, Ms. Callahan, Ms. Sanchez, Ms. Contreras, Mr. Roussel, Ms. Watkins, Mr. Morris, Ms. Cooper, Ms. Gonzalez, Ms. Morgan, Mr. Andabaker, and Ms. Torres, 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 January 2025 Revenue & Expense Report pending final acceptance of the City's financial audit for the 24/25 fiscal year. B. Approval of the January 2025 Check Register. C. GVEC Easement Approval. Councilwoman Cunningham made the motion to approve the consent agenda. The motion was seconded by Councilwoman Sanchez -Stephens. 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 No new update. Dean Road and Bolton Road No new update. Working with D&D on fair cost for repairs. Green Valley Road — Low Water Crossing Improvement 40% under construction Animal Services Facility 100% project completed. Haeckerville Road and Town Creek Drainage FY25 Street Rehabilitation Package 1 Package is expected to take 6-8 months to complete FY25 Street Rehabilitation Package 2 Will advertise by end of April 2025. Under Construction by July 2025 Town Creek Trail No new update — In Design. 3 Tolle Road No new update — In Design FM 1103 Phase 1 and Phase II No update. b. RFP's, RFQ's, RFB's, and ITB's Legal Services — Release RFP (April 11, 2025). Earliest award by City June 24, 2025. Water/Wastewater Rate Study — RFP issued 3/14/& proposals due 4/14. 10. Ordinances A. Approval/Disapproval of an Ordinance for a change in zoning from Low Density Single - Family Residential (SF -2) to Neighborhood Commercial (C-1) for certain real property located at 248 West Borgfeld Road, legally described as ABS: 216 SUR: A S LEWIS 4.0500 AC. Councilwoman Cunningham made the motion to approve an Ordinance for a change in zoning from Low Density Single -Family Residential (SF -2) to Neighborhood Commercial (C-1) for certain real property located at 248 West Borgfeld Road, legally described as ABS: 216 SUR: A S LEWIS 4.0500 AC. The motion was seconded by Councilman McGlothin. For: Councilman McGlothin, Councilman R. Roberts, Councilman Mahoney, Councilwoman Cunningham, Councilwoman Sanchez -Stephens, and Councilwoman D. Roberts; Abstain: Councilman Hicks. B. Approval/Disapproval of an Ordinance for a change in Zoning from Low Density Single - Family Residential (SF -2) to Community Retail/Service — Restrictive Alcohol Sales (C -2R) for certain real property located south of the intersection of West Borgfeld Road and Dobie Boulevard, legally described as CIBOLO KINGDOM HALL, LOT 2, ACRES 5.2050. Councilwoman D. Roberts made the motion to approve an Ordinance for a change in Zoning from Low Density Single -Family Residential (SF -2) to Community Retail/Service — Restrictive Alcohol Sales (C -2R) for certain real property located south of the intersection of West Borgfeld Road and Dobie Boulevard, legally described as CIBOLO KINGDOM HALL, LOT 2, ACRES 5.2050. The motion was seconded by Councilwoman Sanchez - Stephens. For: Councilman McGlothin, Councilman R. Roberts, Councilman Mahoney, Councilwoman Cunningham, Councilwoman Sanchez -Stephens, and Councilwoman D. Roberts; Abstain: Councilman Hicks. 11. Discussion/Action A. Discussion/Action on approving a Solid Waste and Recycling Franchise Agreement between {insert company name) and the City of Cibolo for a 5 -year term and one 5 -year extension term and authorizing the City Manager to negotiate the Agreement. The City Council will meet in Executive Session as Authorized by the Texas Gov't Code Section 551.071, Consultation with Attorney to discuss the above item at 8:36 p.m. Council reconvened into regular session at 8:59 p.m. Councilwoman D. Roberts made the motion to approve a Solid Waste and Recycling Franchise Agreement between Waste Connections and the City of Cibolo for a 5 -year term and one 5 -year extension term and authorizing the City Manager to negotiate the Agreement. The motion was seconded by Councilman Mahoney. For: Councilman McGlothin, Councilman R. Roberts, Councilman Mahoney, Councilwoman Sanchez -Stephens, Councilwoman D. Roberts, and Councilman Hicks; Against: Councilwoman Cunningham. Motion carried 6 to 1. 4 B. Discussion/Action on the Annual Comprehensive Financial Report for fiscal year ended September 30, 2024. Councilman Hicks made the motion to approve the Annual Comprehensive Financial Report for fiscal year ended September 30, 2024. The motion was seconded by Councilwoman Cunningham. For: All; Against: None. The motion carried 7 to 0. C. Discussion/Action/Presentation on Film Friendly process and seek direction on pursuing an application to become a Texas Film Friendly City. Councilman Hicks made the motion to approve pursuing an application to become a Texas Film Friendly City. The motion was seconded by Councilwoman Cunningham. For: All; Against: None. The motion carried 7 to 0. D. Discussion/Action regarding the Preliminary Acceptance of Public Infrastructure for Buffalo Crossing II Unit 6. Councilwoman Cunningham made the motion to accept the Preliminary Acceptance of Public Infrastructure for Buffalo Crossing II Unit 6 to include Water: 2,983 LF with a total valuation of $321,136; Sanitary Sewer: 1.571 LF total valuation of $266,863.25; Drainage: Drains A & B with a total valuation of $85,498.00; Street: 2,886 LF with a total valuation of $626,514.25; Other: SW3P, Conduits, Geogrid with a total evaluation of $51,817.50. Total Valuation of accepted Public Improvements dedicated to the City of Cibolo: $1,395,740.00. The motion was seconded by Councilman Hicks. For: All; Against: None. The motion carried 7 to 0. E. Discussion/Action regarding the First Amendment to the Public Improvement Agreement for Steele Creek Subdivision. Councilwoman Cunningham made the motion to approve the First Amendment to the Public Improvement Agreement for Steele Creek Subdivision. The motion was seconded by Councilman Mahoney. For: Councilman McGlothin, Councilman R. Roberts, Councilman Mahoney, Councilwoman Cunningham, and Councilwoman Sanchez Stephens; Against: Councilman Hicks. Councilwoman D. Roberts was not present at the dais during this item. The motion carried 5 to 1. F. Discussion/Action regarding an Amendment to the Land Study for Steele Creek Subdivision. Councilman McGlothin made the motion to approve an Amendment to the Land Study for Steele Creek Subdivision. The motion was seconded by Councilman McGlothin. For: Councilman McGlothin, Councilman R. Roberts, Councilman Mahoney, Councilwoman Cunningham, and Councilwoman Sanchez Stephens; Against: Councilman Hicks. Councilwoman D. Roberts was not present at the dais during this item. The motion carried 5 to 1. G. Discussion/Presentation on the Economic Development Department Business Retention and Expansion program. (Mr. Hardin) Mr. Hardin briefed the Council on EDC Business and Expansion program. Mr. Hardin did explain to council what the program was and how important it is for any economic development organization. The presentation covered on how they tract and report utilizing key performance indicators. Challenges and moving into the future were also discussed. 9 H. Discussion/Presentation on the Semi -Annual update of the Schertz Cibolo Universal City Independent School District (SCUCISD) Interlocal Agreement for the Cibolo Police Department, School Resource Officer (SRO) Program. Chief Andres briefed the Council on the Semi -Annual Update on the SRO Program. The presentation included: City of Cibolo and SCUCISD ILA Semi -Annual, SRO Program Comp Time Accrual Balances, SRO Program Expenditures / Tru -ups, and SRO Assignment / Responsibilities. The Council had the opportunity to ask questions during the presentation. I. Discussion/Presentation regarding FY25 Special Events. (Ms. Gonzalez/Mr. Howard) Ms. Gonzalez briefed the Council on City Sponsored Events for 2025. The Council was asked if they supported combining Market Days with Cibolo Summer Nights to be held on Friday night. They were also asked if they support combining the Holiday Parade and Tree Lighting events. The Council had the opportunity to ask questions during the presentation. J. Discussion on the Drought Contingency Plan Review. This item was not discussed as the time for the meeting had expired. K. Discussion on the local CBD shops that sell THC/vape canisters and hemp products with a higher percentage of THC than is allowed by State Law. Not discussed will be added to the next agenda. L. Discussion on the Personnel Policy Section 1.1.12 Telework. Not discussed will be added to the next agenda. M. Discussion on the ending time limit set for the City Council Meetings. Not discussed will be added to the next agenda. N. Discussion/Action regarding the interpretation of the City Charter as it relates to the Mayor's authority to vote. "Item withdrawn by the Mayor pursuant City Council Policy Directive No. 2024-1; Rule 5 as .unnecessarily duplicative" Not discussed will be added to the next agenda. O. Discussion on responding to an allegation concerning council during public comment on March 25, 2025, Council Meeting. Not discussed will be added to the next agenda. P. Discussion from Councilmembers that have attended seminars, events, or meetings. Not discussed will be added to the next agenda. Q. Discussion on items the City Council would like to see on future agendas. Not discussed will be added to the next agenda. R. 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. Not discussed will be added to the next agenda. 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. Negotiations between Guadalupe County and the City of Cibolo regarding annexation road rights-of-way. B. Litigation on Special Projects/Appointment of an Interim City Attorney and Assistant City Attorneys. C. Legal Advice on the settlement of EEOC Charge No. 451-2024-01843, Trimm v City of Cibolo, Texas. D. Discussion/Action regarding possible violations of the City Charter, Mayor's Delegation of Duties and Authority, including consideration of initiating a Forfeiture Hearing. The Council adjourned into Executive Session at 9:53 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. The Council reconvened into Regular Session at 10:35 p.m. Councilwoman Cunningham made the motion for item 12C to approve settlement and release agreement of EEOC Charge No. 451- 2024-01843. The motion was seconded by Councilman Hicks. For: All; Against: None. The motion carried 7 to 0. 14.. Public Hearing A. Conduct a Public Hearing regarding a request for a variance for Grampie's Pizzeria to sell alcoholic beverages within the city where the place of business is within 300 feet of a public school. This item heard b after item l OB. Mayor opened the public hearing at 8:29 p.m. Mr. Graft the business owner spoke during this item. He stated why he would like to have this variance for his business. Ms. Titterington spoke in favor of the variance. The public hearing was closed by Mayor Allen at 8:35 p.m. This item was re -opened by Mayor Allen at 9:00 p.m. after the first Executive Session to give the City Secretary the opportunity to inform the Council of the information that was required to be posted and what the Council needs to know about before approving an ordinance at the next meeting. Mr. Graft was given the opportunity to speak again. The public hearing was closed at 9:06 p.m. 15. Resolution A. Approval/Disapproval of a Resolution of the City of Cibolo, Texas, appointing Denton Navarro Rodriquez Santee & Zech, P.C., to provide interim legal services as City Attorney, Designating a City Attorney and Assistant City Attorneys. Councilman Hicks made the motion to approve a Resolution of the City of Cibolo, Texas, appointing Denton Navarro Rodriquez Santee & Zech, P.C., to provide interim legal services as City Attorney, Designating a City Attorney and Assistant City Attorneys. The motion was seconded by Councilwoman D. Roberts. For: All; Against: None. The motion carried 7 to 0. B. Approval/Disapproval of a Resolution of the City of Cibolo, Texas, authorizing the City Attorney to represent former Chief Bryan Hugghins, Lieutenant Brian Nipper, Corporal Van Rosendael and Mr. Arnulfo Cortez, Jr. Councilman Hicks made the motion to approve a Resolution of the City of Cibolo, Texas, authorizing the City Attorney to represent former Chief Bryan Hugghins, Lieutenant Brian Nipper, Corporal VanRosendael and Mr. Amulfo Cortez, Jr. The motion was seconded by Councilwoman D. Roberts. For: All; Against: None. The motion carried 7 to 0. C. Approval/Disapproval of a Resolution of the City of Cibolo, Texas, approving and directing the City Attorney to represent the City of Cibolo, Texas, as an intervening co -plaintiff joining fifteen other cities as plaintiff in the City of Grand Prairie v. the State of Texas, pending in the 261" Judicial District of Travis County, Texas, challenging Senate Bill 2038 as invalid, unconstitutional. Councilman Hicks made the motion to approve a Resolution of the City of Cibolo, Texas, approving and directing the City Attorney to represent the City of Cibolo, Texas, as an intervening co -plaintiff joining fifteen other cities as plaintiff in the City of Grand Prairie v. the State of Texas, pending in the 2615 Judicial District of Travis County, Texas, challenging Senate Bill 2038 as invalid, unconstitutional. The motion was seconded by Councilwoman Cunningham. For: All; Against: None. The motion carried 7 to 0. D. Approval/Disapproval of a Resolution of the City of Cibolo, Texas, assigning the City Attorney's Office to represent the City of Cibolo, Texas, in the special project of filing the CCN transfer of 3,2000 acres of wastewater Utility Service Area with the Public Utility Commission in accordance with the settlement agreement with Green Valley Special Utility District. Councilman Hicks made the motion to approve a Resolution of the City of Cibolo, Texas, assigning the City Attorney's Office to represent the City of Cibolo, Texas, in the special project of filing the CCN transfer of 3,2000 acres of wastewater Utility Service Area with the Public Utility Commission in accordance with the settlement agreement with the Green Valley Special Utility District. The motion was seconded by Councilwoman Cunningham. For: All; Against: None. The motion carried 7 to 0. E. Approval/Disapproval of a Resolution authorizing the submission of a grant application to the Criminal Justice Division of the Governor's Office for the FY2026 Rifle Resistant Body Armor Grant Program and agree to designate an official to administer the grant. Councilwoman Cunningham made the motion to approve a Resolution authorizing the submission of a grant application to the Criminal Justice Division of the Governor's Office for the FY2026 Rifle Resistant Body Armor Grant Program and agree to designate an official to administer the grant. The motion was seconded by Councilman McGlothin. For: All; Against: None. The motion carried 7 to 0. F. Approval/Disapproval of a Resolution authorizing the submission of a grant application to the Criminal Justice Division of the Governor's Office for sixteen (16) ballistic shields utilizing the Bullet Resistant Shields Grant. Councilman Hicks made the motion to approve a Resolution authorizing the submission of a grant application to the Criminal Justice Division of the Governor's Office for sixteen (16) ballistic shields utilizing the Bullet Resistant Shields Grant. The motion was seconded by Councilwoman Sanchez -Stephens. For: All; Against: None. The motion carried 7 to 0. 16. Adjournment Councilman McGlothin made the motion adjourn the meeting at 11:15 p.m. The motion was seconded by Councilman R. Roberts. For: Councilman McGlothin, Councilman R. Roberts, Councilman Mahoney, Councilwoman Cunningham, and Councilwoman D. Roberts. Against: Councilwoman Sanchez -Stephens and Councilman Hicks. Motion carried 5 to 2. PASSED AND APPROVED THIS 22ND DAY OF APRIL 2025. Mark Allen Mayor AT / _e_1'7'7 /�-y Peggy Cimics, TRMC City Secretary