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Min CC 04/22/2025CIBOLO CITY COUNCIL CIBOLO MUNICIPAL BUILDING 200 S. Main Cibolo, Texas 78108 April 22, 2025 6:30 p.m. to 10:30 p.m. Minutes Call to Order — 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. Presentation of Awards A. Presentation of the designation of Certified Municipal Official to Councilman Hicks and Councilwoman Sanchez -Stephens. Mayor Allen presented Councilman Hicks and Councilwoman Sanchez -Stephens a framed Certificate as a Certified Municipal Official for FY2024. 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 citvsecretarvCacibolotx.gov or telephone 210-566-6111 before 5:00 pm the date of the meeting. The following individuals spoke during this item. Ms. Jones and her daughter Ashleigh spoke about Miss Cibolo Pageant. Ms. Jones stated that her daughter was bullied in school and called many derogatory names. She was very shy and had very little self confidence in herself. After getting involved with Miss Cibolo Pageant my daughter has gained so much confidence in herself and is no longer that shy little girl. Miss Jones also stated that she would never have been able to get up in front of council tonight but with her experience as a representative for Miss Cibolo Pageant she has learned so much and it has given her more confidence in herself. Mr. Smith spoke in favor of the variance for Grampie's Pizzeria. Mr. Smith stated that he had worked for Mr. Graft in the past and that he was a great guy to work for and he gives back to his community. Ms. Titterington spoke about the Chamber Golf Tournament coming up in April. She also spoke on the Chamber luncheon for May 20a' and TxDOT will be the speaker at this luncheon. Ms. Iuffredo stated that she was with the Chamber Leadership Corp. and was attending a council meeting as part of that group. Mr. Weatherby introduced himself as a representative from GrantWorks. He stated that GrantWorks is a national company that helps local government to find grants for theircommunity. Councilman Hicks read an email sent to him from Mr. Benson. Mr. Benson stated that at a recent P&Z meeting the issue was raised about reintroducing Planned Unit Developments (PUDs) into the Unified Development Code (UDC). He urged council not to go forward with this. He also stated that he fully supports accountability with the mayor and council office. Mr. Benson states transparency is essential to maintaining public trust, and he believes a thorough and honest investigation is the best path forward. The city secretary's office read six emails sent in by citizens. Mr. Speed wrote to express his growing concern regarding the safety issues on Rattlesnake Way in Cibolo Valley Ranch. He states that this stretch of road lacks stop signs or speed bumps, which leads to vehicles speeding often exceeding 50 mph in a 25 -mph zone. Mr. Speed said that a fast-moving vehicle today struck a dog then fled the scene. This could have been a child instead of a dog. Mr. Speed said something needs to be done before a tragedy occurs. He urges council to do something for community safety. Mr. Morfit is a resident of Saddle Creek Ranch living on Cowboy Knoll. He had some issues that should be addressed prior to the additional planned expansion. The new phase doesn't have an alternative way out of Coy Lane to FM 1103. He states a traffic light would be prudent at the intersection of Coy Lane and FM 1103. Other issues: unkept vacant lots, overgrown with weeds and debris, broken and missing sidewalks in the new section, lack of green space, and no money put into new amenities in new section. Mr. Schwartz wrote in to support Grampies Pizza to allow them to serve beer and wine. He also stated that this would also help keep them in business and in Cibolo. Ms. Downey wrote in on her concerns over the expansion of Saddle Creek Ranch. She stated that the original developers failed to do the things that they promised. They have failed to protect the interests of the homeowners or the integrity of the community. Ms. Downey said that they continue to build more houses but make no effort to maintain the empty lots they already own. They have made no effort to add amenities despite adding more homes. Saddle Creek Ranch community are using entrances off Coy Lane and citizens are concerned about the lack of an alternate exit. Ms. Thomas wrote in opposition of the variance to allow Grampies Pizzeria to sell alcoholic beverages within 300 feet of a public school. She stated that this may lead to a higher likelihood of alcohol-related incidents, and reduced peace of mind for parents and school staff concerned about student safety. Ms. Thomas also noted that the owners of Grampies Pizzeria knew the existing restrictions when they chose to occupy that location. She urged council to uphold the current ordinance and deny the request. Mr. Kloo wrote in support of Grampies to operate with an alcohol license. He felt that there are many nearby restaurants along FM 1103 and FM 78 that have licenses and that Grampies deserved to be competitive. 7 7. 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 March 11, 2025. B. Approval of the minutes of the Regular Council Meeting held on March 25, 2025. C. Approval of the minutes of the Strategic Management Workshop held on April 5, 2025. D. Approval of the minutes of the Special City Council Meeting held on April 8, 2025 E. Approval of the minutes of the Regular City Council Meeting held on April 8, 2025. F. Approval of the February 2025 Revenue & Expense Report pending final acceptance of the City's financial audit for the 24/25 fiscal year. G. Approval of the February 2025 Check Register. H. Approval for the purchase of computer equipment and peripheral devices from GTS Technology Solutions through the Texas Department of Information Resources contract # DIR-CPO-4839, DIR-CPO-5096, DIR-CPO-5225, and DIR-CPO-4751 in an estimated amount of Seventy -Six Thousand Seven Hundred Ninety -Two Dollars and Zero Cents ($76,792.00). I. Approval of the Final Plat of Saddle Creek Ranch Unit 9B. Councilman Hicks made the motion to approve 7 A, B, C, E, F, G, and H. The motion was. seconded by Councilwoman Cunningham. For: All; Against: None. The motion carried 7 to 0. Councilman McGlothin made the motion to approve 7D with the correction of a mis- spelled word. 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 to 1. Council did get an update from city staff on item 7I. There was no motion made for this item. 8. Staff Update A. Administration. a. Capital Improvement Program— Updates on Projects Lower Seguin Road Dean Road and Bolton Road Green Valley Road — Low Water Crossing Improvement -100% Project Completed Animal Services Facility —100% Project Completed Public Safety Facility Haeckerville Road and Town Creek Drainage.— 90% Project Completed. Final punch list has been issued to Contractor. FY25 Street Rehabilitation Package 1 — Finalizing Plans & Contract (Town Creek Road, Firebird Run, and Silver Wing). Advertising by the end of April 2025. Under Construction sometime in July 2025. FY25 Street Rehabilitation Package 2 Town Creek Trail —No new update 0 In Design Tolle Road — No new update — In Design FM 1103 Phase 1 and Phase II b. RFP's, RFQ's, RFB's, and ITB's The RFB was released on April 11'. Two companies attended a pre-bid meeting. Legal Services Schedule: Release of RFP- Aril 11, 2025, Newspaper Dates —April 13 & 20th, Deadline for Questions/Inquiries — l lam April 21st, Closing Date — 2pm May 16th, City Review of Proposals — May 2025, Finalist Interviews — May/June 2025, Earliest Award by City — June 24, 2025. c. Shred Day — City Secretary thanked the Councilmembers that came out to help, the City Manager, and the Court/CSO staff. This was the busiest Shred Day Cibolo has ever had. There were over 22,000 pounds of paper that were shred. The trucks were full by 10:30am and the two shred trucks left by 11 am. There was a line that started at 6:30am and it never stopped until we had to shut it down early. Most citizens understood the early closing and made suggestions like another truck or an additional shred day. This was just another very successful event for the City of Cibolo. B. Police Department — Update in the packet. C. Fire Department — Update in the packet 9. Ordinances A. Approval/Disapproval of an Ordinance granting a variance to Grampies Pizzeria located at 121 Cibolo Commons, Suite 101 to allow for the sale of beer and wine within 300 feet of a church, public school, or private school. This item was tabled at the request of the applicant and will be back on the May 13th agenda. 10. Resolution A. Approval/Disapproval of a Resolution of the City of Cibolo, Texas, appointing Ted Gibbs to Canyon Regional Water Authority (CRWA) Board of Trustees for a two-year term of office. Councilman Hicks made the motion to approve the Resolution of the City of Cibolo, Texas, appointing Ted Gibbs to Canyon Regional Water Authority (CRWA) Board of Trustees for a two-year term of office. The motion was seconded by Councilwoman Cunningham. For: All; Against: None. The motion carred 7 to 0. B. Approval/Disapproval of a Resolution of the City of Cibolo, Texas, appointing Councilwoman Donetta Roberts to Canyon Regional Water Authority (CRWA) Board of Trustees for a two-year term of office. Councilman Hicks made the motion to approve the Resolution of the City of Cibolo, Texas, appointing Councilwoman Donetta Roberts to Canyon Regional Water Authority (CRWA) Board of Trustees for a two-year term of office. The motion was seconded by Councilwoman Cunningham. For: All; Against: None. The motion carried 7 to 0. C. Approval/Disapproval of a Resolution of the City of Cibolo, Texas, appointing Jacob Parsons to Canyon Regional Water Authority (CRWA) Board of Managers for a one-year term of office. Councilwoman D. Roberts made the motion to approve the Resolution of the City of Cibolo, Texas, appointing Jacob Parsons to Canyon Regional Water Authority (CRWA) Board of Managers for a one-year term of office. The motion was seconded by Councilwoman Cunningham. For: All; Against: None. The motion carried 7 to 0. 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, 551.087 Economic Development, and 551.074 Personnel Matters to discuss the following: A. Project Rushmore Mountain. B. Project Theo. C. Tolle Road Acquisition. D. City Attorney's appointment, employment, evaluation, and duties of the City Attorney, and/or address an RFP for_legal services. E. Legal Advice on the settlement of EEOC Charge No. 451-2025-00454. The Mayor and Council convened into Executive Session to discuss the above items at 7:41 p.m. 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. The Mayor and Council reconvened into Open Session at 8:39 p.m. Councilman R. Roberts made the motion to release the City Council's scoring of proposals and interviews for City Attorney Services in response to the cities RFP 24-140-01. The motion was seconded by Councilman Hicks. For: All; Against: None. The motion carried 7 to 0. 13. Discussion/Action A. Discussion/Action authorizing the City Manager to execute a Purchase Order from Silsbee Ford for a new Ford F450 in the amount of One Hundred Forty -Seven Thousand, Nine Hundred Fifteen Dollars and Fifty Cents ($147,915.50). Councilman Hicks made the motion to authorize the City Manager to execute a Purchase Order from Silsbee Ford for a new Ford F450 in the amount of One Hundred Forty -Seven Thousand, Nine Hundred Fifteen Dollars and Fifty Cents ($147,915.50). The motion was seconded by Councilman R. Roberts. For: All; Against: None. The motion carried 7 to 0. B. Discussion/Action authorizing the City Manager to execute a Purchase Order from Silsbee Ford for a new Ford F450 Super Cab in the amount of One Hundred Six Thousand, Eight Hundred Sixty -Eight Dollars ($106,868.00). Councilman Hicks made the motion to authorize the City Manager to execute a Purchase Order from Silsbee Ford for a new Ford F450 Super Cab in the amount of One Hundred Six Thousand, Eight Hundred Sixty -Eight Dollars ($106,868.00). The motion was seconded by Councilwoman D. Roberts. For: All; Against: None. The motion carried 7 to 0. C. Discussion/Action/regarding the Final Plat of Venado Crossing Unit 6. Councilman Hicks made the motion to deny the Final Plat of Venado Crossing Unit 6 due to outstanding comments. The motion was seconded by Councilman Mahoney. For: All; Against: None. The motion carried 7 to 0. D. Discussion/Action regarding the Preliminary Plat of Grace Valley Ranch Phase 4A. Councilman Hicks made the motion to postpone this item per the letter received by staff and to bring this item back when they are ready. The motion was seconded by Councilwoman Cunningham. For: All; Against: None. The motion carried 7 to 0. E. Discussion/Action regarding the Preliminary Acceptance of Public Infrastructure for Steele Creek Unit 6. Councilwoman Cunningham made the motion to approve the Preliminary Acceptance of Public Infrastructure for Steele Creek Unit 6. The motion was seconded by Councilman Mahoney. For: Councilman McGlothin, Councilman R. Roberts, Councilman Mahoney and Councilwoman Cunningham; Against: Councilwoman Sanchez -Stephens, Councilwoman D. Roberts, and Councilman Hicks. The motion carried 4 to 3. F. Discussion/Action on exploring potential partnerships for Spring and Fall Clean-up Events. This item was placed on the agenda by Councilwoman Cunningham to see if the city could partner with an organization that would be interested in collecting used and good items during the fall pickup day. It was noted that with the new contract the Spring and Fall pickup would not be the same. No action was taken. The direction was to work with local non-profit groups that would be interested in accepting secondhand fumiture and fixtures that might have a second life. G. Discussion/Action on the Denton Navarro Rodriquez Bernal Santee & Zech, P.C. Engagement Letter for Interim City Attorney Services and authorize the City Manager to execute this Engagement Letter for expenses exceeding $50,000. Councilman Hicks made the motion to approve the Denton Navarro Rodriquez Bernal Santee & Zech, P.C. Engagement Letter for Interim City Attorney Services and authorize the City Manager to execute this Engagement Letter for expenses exceeding $50,000. The motion was seconded by Councilman McGlothin. For: All; Against: None. The motion carried 7 to 0. H. Discussion/Action to honor leases for the Noble Group Event Center. No action was taken. A policy will be brought back to council at a later date on the Noble Group Event Center along with a rate schedule. I. Discussion/Action to call for a public hearing to determine any express violations to the City Charter. This was placed on the agenda by Councilwoman Sanchez -Stephens. Mayor Allen read the item and stated that this item was to take a vote of the City Council to see if there was a need to have a public hearing on a violation of the City Charter. The Mayor then called for a vote. Councilwoman Sanchez -Stephens made the motion to initiate a Forfeiture Hearing to discuss any potential violations of the City Charter and overreach of authority not granted by the rules and regulations of the City Charter to Mayor Mark Allen to determine the appropriate action as described by section 3.04, 3.05 and 14.04 of the City of Cibolo City Charter for a forfeiture hearing. Before a second was given Mayor Allen mentioned that Councilwoman Cunnigham placed a request for legal consultation on this item. Councilwoman Sanchez - Stephens before going into executive session stated that this was her item, and she wanted to discuss this item in open session to inform the public why a public hearing was being requested. Mayor Allen continued to inform Councilwoman Sanchez -Stephens that this was not the time for discussion. Councilwoman Sanchez -Stephens again informed Mayor Allen that she had the right to speak and asked the City Attorney for an opinion. The City Attorney Mr. Wendland stated that it was a discussion action item and Councilwoman Sanchez - Stephens did have the right to discuss but not hold a public hearing. Mayor Allen several times stated that Councilwoman Sanchez -Stephens did not have the right to continue. Councilwoman Sanchez -Stephens did proceed and was able to finish reading her statement and inform the public of the process and the allegations against Mayor Allen and concerns of possible charter violations pertaining to the conduct and actions of Mayor Allen included the following: 1. Improper Voting Practices 2. Improperly conducting city business while not closing executive session 3. Disregarding Council Directives 4. Powers and Duties of Mayor 5. Misrepresentation of Information and 6. Unauthorized Delegation of Duties. Mayor Allen stated that at this time the City Council will convene into Executive Session at 9:30 p.m. as Authorized by the Texas Gov't Code Section 551.071, Consultation with Attorney to discuss item 13I. Council reconvened into regular session at 10:01 p.m. Councilwoman Sanchez -Stephens previous made the motion to initiate a Forfeiture Hearing to discuss any potential violations of the City Charter and overreach of authority not granted by the rules and regulations of the City Charter to Mayor Mark Allen to determine the appropriate action as described by section 3.04, 3.05 and 14.04 of the City of Cibolo City Charter. Council had asked to have this motion repeated and Councilwoman Sanchez - Stephens did that. The motion was seconded by Councilman Hicks. For: Councilwoman Sanchez -Stephens and Councilman Hicks; Against: Councilman McGlothin, Councilman R. Roberts, Councilman Mahoney, Councilwoman Cunningham, and Councilwoman D. Roberts. The motion failed 2 to 5. J. Discussion/Action on the Personnel Policy Section 1.1.12 Telework. This item was discussed, and all council members were able to give their opinion of the Personnel Policy Section 1.1.12 Telework. Mayor Allen asked Councilman Hicks if he wanted to make a motion. No action was taken on this item. 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. Councilman Hicks stated that he brought this up because an officer approached him as well as a few citizens on local CBD shops that sell products with a higher percentage of THC than is allowed by State Law. Councilman Hicks said that an individual that contacted him stated that he had tested the hemp product, and it was at 36% which way over the 3% allowed by State Law. Looking at the blotter Councilman Hicks stated that you see a number of cases at Steele for hemp products. Chief Andres stated that he had done some research and there had been no complaints from any Cibolo Smoke Shops on hemp products above the 3% allowed by State Law. He also said that he had contacted the Guadalupe County Narcotics Task Force, and they had no complaints. The Guadalupe County Prosecutor had no cases in Cibolo. Chief Andres stated that he would look at who would be responsible for licensing requirements for hemp product above the 3%, if it be TABC or another agency. 7 L. Discussion/Action regarding the interpretation of the City Charter as it relates to the Mayor's authority to vote. (Councilman Hicks) "Item withdrawn by the Mayor pursuant City Council Policy Directive No. 2020-1; Rule 5 as unnecessarily duplicative" This item was not discussed due to the ending time on the agenda. M. Discussion on responding to an allegation concerning council during public comment on March 25, 2025, Council Meeting. Councilman R. Roberts stated that this item is a response to a letter sent to Councilman Hicks by TG Benson and read into the record accusing him and Mayor Allen of compromising the voting process and manipulating the rankings, giving us the disastrous legal representation we just endured. This was totally untrue. The record is available and anyone can receive it. The Mayor gave Hyde -Kelley the lowest score and I gave them the second lowest. Both the Mayor and I gave Frank Garza the highest score. Councilman R. Roberts was disappointed that someone would undermine his credibility. He stated that the process was done right and everything was right. N. Discussion/Action on the end time of Council meetings. Councilman Hicks made the motion to do away with the ending time of Council meetings. The motion was seconded by Councilwoman Sanchez -Stephens. For: Councilman Hicks, Councilwoman D. Roberts, Councilwoman Sanchez -Stephens, Councilwoman Cunningham, Councilman Mahoney, and Councilman McGlothin; Against: Councilman R. Roberts. The motion carried 6 to 1. O. Discussion on Council meeting staff and vendor presentations. This item was not discussed due to the ending time on the agenda. P. Discussion on an All Way Stop on Main St. at Santa Clara. This item was not discussed due to the ending time on the agenda. Q. Discussion from Councilmembers that have attended seminars, events, or meetings. This item was not discussed due to the ending time on the agenda. R. Discussion on items the City Council would like to see on future agendas. This item was not discussed due to the ending time on the agenda. S. 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. This item was not discussed due to the ending time on the agenda. 14. Adiournment Mayor Allen called for a motion to adjourn the meeting. Before anyone made a motion Councilwoman Sanchez -Stephens called out "Point of Order", stating we just approved to have no ending time. Mayor Allen stated that it did not apply to this meeting. Councilman R. Roberts made the motion to adjourn the meeting at 10:31 p.m. The motion was seconded by Councilwoman D. Roberts. For: Councilman McGlothin, Councilman R. Roberts, Councilman Mahoney, Councilwoman Cunningham, and Councilwoman D. Roberts; Against: Councilwoman Sanchez -Stephens and Councilman Hicks. The motion carried 5 to 2. APPROVED THIS 13TH DA' Mark Allen Mayor ATTEST Peggy Cimics, TRMC City Secretary