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Min CC 03/11/2025i of c/o 4 4 O Ott •• 'G,MOwt! CIBOLO CITY COUNCIL CIBOLO MUNICIPAL BUILDING 200 S. Main Cibolo, Texas 78108 March 11, 2025 6:30 p.m. to 10:30 p.m. Minutes Call to Order — Meeting was called to order by Mayor Allen at 6:30 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 — Mayor Allen gave the invocation. 4. Pledge of Allegiance — All in attendance recited the Pledge of Allegiance. 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 citvsecretary(a)cibolota.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. Ms. Patterson stated she was a resident of Cibolo and lives in Place two. She spoke about disrespect at the dais. Ms. Patterson stated that the City has core values and you as a council need to hold yourself accountable to those values. As a council you need to do better. Ms. Latimer spoke about the water retention pond near Saddle Creek Ranch. In 2015 there was no water in the pond. Some time in 2008 water started to go into the pond. Now, in 2025 the water flows down Tolle road. Ms. Latimer said correct the tank — retention pond or build another. Don't fix the problem by taking people's land. Mr. Roberson spoke on the double strip on Lower Seguin Road. He wanted to know if there was a way to correct the striping. He also spoke on the speeding on this road. Ms. Titterington Stated that the Chamber meeting will be the State of the Chamber. Ms. Titterington gave information on upcoming ribbon cuttings and openings. Shred Day in Schertz is scheduled for March 291h from 9 to 12. Mr. Cowan spoke on Tolle Road. He wanted to know what was going on. He stated that he had asked about this last year and never received an answer. Ms. Lambert passed out a flyer on events going on in the area for the Spring season. Councilman Hicks read an email sent in by Mr. Benson. Mr. Benson spoke about the CRWA and the removal of a board member. He wondered if the removal was so that Mr. Fousse would be appointed to this board. He also wondered if this may have something to do with an email he received when he inquired about what Mr. Fousse contract provides that the city Public Works Department could not do. Mr. Benson stated that this situation gives the impression that we are more interested in maintaining financial benefits for certain individuals rather than prioritizing genuine service to the community. The City Secretary's office read an email sent in by Mr. Thompson. Mr. Thompson stated that he was troubled by the manner in which council members interact with each other, city staff, the City Manager, and the City Attorney. He states the public display of personal animosity and argumentative exchange is unacceptable and undermines the effective functioning of our local government. Mr. Thompson would like council to focus on addressing the needs of the community rather than engaging in personal conflicts, exercise fiscal responsibility, ensuring that taxpayer dollars are used wisely and effectively. 6. 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 Council Meeting held on February 11, 2025. B. Approval of the minutes of the Special City Council Meeting held on February 25, 2025. C. Approval of the minutes of the Regular Council Meeting held on February 25, 2025. Councilman Hicks made the motion to approve the consent agenda with corrections. The motion was seconded by Councilwoman Cunningham. For: All; Against: None. The motion carried 7 to 0. 7. Staff Update A. Administration. a. Capital Improvement Program — Updates on Projects Lower Scauin Road Pavement Markings have been completed. Staff have submitted an RFI to LAN to determine why the striping plan called for double yellow instead of dashed yellow for passing, Dean Road and Bolton Road City staff and D&D are working on a fair cost for repairs. Green Valley Road — Low Water Crossing Improvement Final Walk -Through was completed on March 10, 2025. Punch list provided to contractor. Animal Services Facility Modular building — Certificate of Occupancy has been issued. Portable Kennels have been delivered. Certificate of Occupancy has been issued. Parking lot pavement markings/signage will be completed within the next two weeks. Public Safety Facility No new information. 2 Haeckerville Road and Town Creek Drainage No update FY25 Street Rehabilitation Package 1 No update FY25 Street Rehabilitation Package 2 No update Town Creek Trail TxDOT and AAMPO are working with city staff to identify twelve (12) crosswalks that were included in the original application to AAMPO. Project surveying has begun. City Staff, Colliers, and TxDOT along with AAMPO to hold milestone meetings. Tolle Road No new update FM 1103 Phase 1 and Phase II b. RFP's, RFQ's, and RFB's Old Town — City Council awarded a contract to Lionheart on February 25, 2025. Solid Waste Franchise - City staff will bring to Council the proposals during the Strategic Management Workshop on April 5a'. Council will be asked to award a new Franchise Agreement on April Stn c. Strategic Management Workshop — Scheduled for April 8h from 9am to 4pm. B. Police Department — Report in the council packet. C. Hear a presentation on the status of grant opportunities. Ms. Miranda gave a presentation on the Grant Program. She went over the grants received and pending grants. Ms. Miranda also went over grants in development, grant requirements and sources of funding. 8. Resolution A. Approval/Disapproval of a resolution declaring a public purpose for 53 pet carriers to be issued to citizens with adoptions from ZuGoPet to the Cibolo Animal Shelter. Councilman Hicks made the motion to approve a resolution declaring a public purpose for 53 pet carriers to be issued to citizens with adoptions from ZuGoPet to the Cibolo Animal Shelter. The motion was seconded by Councilwoman D. Roberts. For: All; Against: None. The motion carried 7 to 0. 9. Ordinances A. Approval/Disapproval of an Ordinance for 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. Councilman Hicks made the motion to approve an Ordinance for 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. The motion was seconded by Councilman Roberts. For: Councilman McGlothin, Councilman R. Roberts, Councilman Mahoney, Councilwoman Sanchez -Stephens, Councilwoman D. Roberts, and Councilman Hicks; Against: Councilwoman Cunningham. The motion carried 6 to 1. B. Approval/Disapproval of an Ordinance to amend Chapter 70 of the Code of Ordinances and Impose the City HOT Tax in the City's Extraterritorial Area (ETJ) of the City of Cibolo. Councilman Hicks made the motion to approve an Ordinance to amend Chapter 70 of the Code of Ordinances and Impose the City HOT Tax in the City's Extraterritorial Area (ETJ) of the City of Cibolo. The motion was seconded by Councilman McGlothin. For: All; Against: None. The motion carried 7 to 0. 10. Discussion/Action A. Discussion/Action on purchasing anew Camera Van for the Utility Department in the amount of $258,485 Dollars. Councilman Hicks made the motion to approved purchasing a new Camera Van for the Utility Department in the amount of $258,485 Dollars. The motion was seconded by Councilwoman D. Roberts. For: All; Against: None. The motion carried 7 to 0. B. Discussion/Action on the Transition of the Noble Group Event Center to City Use. Mr. Reed gave the presentation on the Noble Group Event Center. He informed the council on renovations of the interior and asked council if they had any questions or concerns. Questions were asked about the Senior Program use of the facility and if there would be enough space and storage. Mr. Reed informed the council that members of the Senior Program did participate in the walk thru of the facility and were satisfied of the space and storage. There will be a room for Stephanie in the facility. Mr. Reed was asked about the furniture. Most of the furniture was removed by Mr. Jackson. The tables would not be something the city would like to keep as they are not in very good shape. Council did ask about a possible space for the Chamber. Mr. Reed stated that there could be possible space available. A crosswalk from City Hall to the Noble was discussed. Mr. Reed stated that that has already been forecast and will be completed before the Senior Program occupies the building. C. Discussion/Presentation on the update of the 2024 Racial Profiling Report. Chief Andres presented the Racial Profiling Report for 2024. He went over the number of traffic stops and it was broken down into gender, reason for the stop and if a search was conducted. Chief Andres also went over if contraband was discovered during the stop. During the stop was an arrest made and what was the arrest based on. Council had the opportunity to ask questions during the presentation. D. Discussion/Action regarding the appointment of a Board of Trustees member to the Canyon Regional Water Authority (CRWA) and bring back a resolution to the next meeting appointing that person to the Board. Councilwoman Cunningham stated that at the last meeting the Mayor had stated that Canyon Regional Wate Authority had changed their requirements, and we had to have a member of the council appointed to the Board. Councilwoman Cunningham had checked into this and found that the appointment did not have to be a councilmember, and she would like to have Mr. Gibbs re -appointed to this board. He has done a great job for the city, and he has one more term to serve. The mayor stated that this change has not occurred yet and if the council 4 wanted to appoint Mr. Gibbs, he had no objection to it. Councilman Mahoney stated that he had no problem stepping aside and reappointing Mr. Gibbs. Councilman Hicks made the motion to rescind the appointment of Councilman Mahoney for the CRWA Board of Trustees. Councilman Mahoney seconded the motion. For: All; Against: None. The motion carried 7 to 0. Councilman Hicks made the motion to appoint Mr. Gibbs to the CRWA Board of Trustees and to bring a resolution at an April meeting for council to make that appointment. The motion was seconded by Councilwoman Cunningham. For: All; Against: None. The motion carried 7 to 0. E. Discussion/Action to update the Non -Smoking Ordinance to include Vaping. This was briefly discussed due to the time. Councilwoman D. Roberts made the motion to send this ordinance to the Ordinance Sub Committee to look at and bring back to council at a later date. The motion was seconded by Councilwoman Cunningham. For: All; Against: None. The motion carried 7 to 0. F. Discussion/Action regarding the interpretation of the City Charter as it relates to the mayor's authority to vote. At this time Attorney Hyde stated that during the agenda review he was under the impression that item l OF & 1 O related to 11D & I IF and they would be discussed after the executive session. Both Councilwoman Sanchez -Stephens and Councilwoman Cunningham both stated they never ask for their items to be in executive session. Mayor Allen stated they would be going into executive session. Councilwoman Sanchez -Stephens again wanted her item discussed prior to the executive session. She did not feel that they would have enough time after the executive session to discuss her item. Attorney Hyde stated that to discuss it they would have to have a vote to waiver the Attorney Client Privilege concerning TDMA. Councilwoman D. Roberts made the motion to waiver the Attorney Client Privilege concerning I IG discuss TOMA assumption. The motion was seconded by Councilwoman Cunningham. For: Councilman Hicks, Councilwoman D. Roberts, Councilwoman Sanchez - Stephens, Councilwoman Cunningham, and Councilman McGlothin; Against: Councilman R. Roberts and Councilman Mahoney. The motion carried 5 to 2. At this time item 11 G was discussed. Councilwoman Sanchez -Stephens read from the email that was sent stating that after the last council meeting Mr. Hyde heard city business being discussed by Councilman Hicks, Councilwoman Cunningham, Councilwoman D. Robert, and Councilwoman Sanchez -Stephens. Councilwoman Sanchez -Stephens said the perception that we were talking about city business was unfounded and intimidating. When the meeting was over, I was gathering my items, and I heard Councilwomen D. Roberts say something personal, and I ask her if she was ok. Councilwoman Cunningham also ask Councilwoman D. Roberts if she was ok and the two of them had a very brief discussion on the attorney fees for the Charter Review if the fee was a separate fee or a flat fee. Councilman Hicks stated that he did ask Councilwoman D. Roberts if she was ok, he than gathered up his items and left. Councilman Hicks did state that he took the letter as a threat. Councilwoman D. Roberts did state that all three ask if she was ok and the only conversation which was very brief was with Councilwoman Cunningham. That brief conversation involved fees. Mr. Hyde wanted to know if any other councilmember overheard any conversation. Councilman McGlothin said that he only heard the word fees and that was between Councilwoman D. Robert and Cunningham. He never heard Councilwoman Sanchez -Stephens or Councilman Hicks in a conversation. Councilman Mahoney stated that he heard talking but did not know what was being said. He also did not understand why anyone would be upset over the letter as he just took it as a warning. Councilman Mahoney also said he might have felt different if his name was mentioned. Councilwoman Cunningham did talk a little more about the letter and other 9 emails including one received from Mr. Hyde threatening to remove her from the council. At this time Mayor Allen moved to item 11. G. Discussion on the ending time limit set for City Council Meetings. This item was discussed after returning from Executive Session. Councilwoman Cunningham stated that with placing an ending time on the meetings council is rushed to get to all the items. She also stated that this has been an ongoing issue for months. Councilwoman Cunningham stated that yes council needs to strive to end at 10:30 p.m. but we need to finish city business. The mayor stated that it was duly noted. The City Attorney Mr. Hyde made a statement to the Mayor that he may want to get a third -party legal opinion to find out if the mayor has control over the meeting and if also includes the length of the meeting. H. Discussion from Councilmembers who have attended seminars, events, or meetings. This item will be added to the next agenda. I. Discussion on items the City Council would like to see on future agendas. The item will be placed on the next agenda for discussion. J. 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 will be placed on the next agenda for discussion. 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, and 551.074 Personnel Matters to discuss the following: A. Long-term Water Resources B. Zunker Litigation Settlement Offer. C. Tolle Road Acquisition. D. City Charter Interpretation E. City Attorney's appointment, employment, evaluation, duties, discipline, or dismissal of the City Attorney, and/or address an RFP for legal services and/or appointment.of an interim or new City Attorney. (Mr. Reed) F. Discussion on Mayor's delegation of authority. G. Discussion/Action on Council dais comments and clarification of email sent to all of council regarding attorney's TOMA assumption. This item was discussed in pen session H. Discussion/Action on hiring a new Legal Firm for the City of Cibolo to include all Special Projects. Council convened into Executive Session at 9:05 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, including the passage of a resolution, on items discussed in the Executive Session. Council reconvened into Regular Session at 10:20 p.m. Councilman Hicks made a motion on item 11E but before a seconded and a vote he rescinded his motion. Councilwoman Sanchez - Stephens started to read the letter on the City Charter Interpretation. Mr. Hyde the City Attorney stated that that would require a vote to waive the Attorney Client Privilege. Councilwoman Cunnigham made the motion to waive the Attorney Client Privilege concerning item 11 D. The motion was seconded by Councilman Hicks. For: Councilmembers: Councilman McGlothin, Cunningham, Sanchez -Stephens, D. Roberts, and Hicks; Against: Councilmembers R. Roberts, and Mahoney. The motion carried 5 to 2, Councilwoman Sanchez -Stephens read the letter. Councilwoman Cunningham made the motion to adopt the interpretation of the Messer -Fort Law Firm. The motion was seconded by Councilman Hicks. For: Councilman McGlothin, Councilwoman Cunningham, Councilwoman Sanchez -Stephens, Councilwoman D. Roberts, and Councilman Hicks; Against: Councilman R. Roberts and Councilman Mahoney. The motion carried 5 to 2. Councilman Hicks made the motion on item 11E to move forward with the resolution to release the law firm of Hyde Kelley as the City Attorney and provide a 30 -day notice which a copy of the letter will be provided tonight. The motion was seconded by Councilwoman D. Roberts. For: Councilmembers: Cunningham, Sanchez -Stephens, D. Roberts, and Hicks; Against: Councilmembers McGlothin, R. Roberts, and Mahoney. The motion carried 4 to 3. Item 11 H - Councilwoman Cunningham made the motion to appoint the Law Firm of Denton Navarro as interim City Attorneys for the City of Cibolo. The motion was seconded by Councilwoman Sanchez -Stephens. For: Councilwoman Cunningham, Councilwoman Sanchez - Stephens, Councilwoman D. Roberts, and Councilman Hicks; Against: Councilman McGlothin, Councilman R. Roberts, and Councilman Mahoney. The motion carried 4 to 3. Councilwoman gave direct for staff to drop a timeline for and RFP Attorney Services. 13. Adioumment Councilwoman Cunningham made the motion to adjourn the meeting at 10:29 p.m. The motion was seconded by Councilman Roberts. For: All; Against: None. The motion carried 7 to 0. APPROVED THIS 22ND DAY OF APRIL 2025. Mark Allen Mayor ATTR Peggy Cimics, TRMC City Secretary