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Min CC 12/08/2020 of C/& �r o T f X 0 5 "City of Choice" CITY COUNCIL MEETING CIBOLO MUNICIPAL BUILDING 200 S. Main December 8, 2020 6:30 p.m. MINUTES 1. Call to Order—Meeting was called to order by Mayor Boyle at 6:30 p.m. 2. Roll Call and Excused Absences — Council Present: Mayor Boyle, Councilwoman Schultes, Councilman Quinn, Councilman Bone, Councilman Gibbs, Councilman Allen, Councilman Woliver and Councilman Hicks: Staff Present: City Manager Mr. Herrera, City Attorney Mr. Lindner (left at 9:09 p.m.), City Attorney Mr. Garza, City Secretary Ms. Cimics, IT Mr. McDaniel, EDC Ms. Lee, Finance Ms. Miranda, Planning & Eng. Mr. Klein and Police Dept. Lieutenant Nipper. 3. Invocation—Councilman Allen gave the Invocation. 4. Pledge of Allegiance—All in attendance recited the Pledge of Allegiance. 5. Proclamation A. Proclamation for Employee Appreciation Day. Mayor Boyle read a Proclamation for Employee Appreciation Day and made the announcement that Magnolia Pancake Haus would be providing all City employees with a breakfast or lunch on Monday, December 18 in honor of Employee Appreciation Day. All members of City Council read the names of every employee in City and a proclamation was given to each employee. 6. Public Hearing A. The Cibolo City Council will hold a public hearing to hear public testimony regarding the rezoning of approximately 30 acres located north of the intersection of FM 1103 and Knights Crossing (Steele Creek Subdivision) from the current zoning of Neighborhood Commercial (C1) to General Retail/Office (0) and Multi-Family (MF2). Mayor Boyle opened the Public Hearing at 6:47 p.m. No one wish to speak on this rezoning and Mayor Boyle closed the Public Hearing at 6:47 p.m. B. The Cibolo City Council will hold a public hearing to hear public testimony regarding the rezoning of approximately 71 acres of real properties located between Green Valley Road and Wiedner Road, northwest of the Gatewood Subdivision. Properties are currently zoned Low Density Single-Family (SF-2) and the proposed rezoning is for Single-Family Residential (SF-4). Mayor Boyle opened the Public Hearing at 6:51 p.m. The applicant provided a power point presentation on what the homes would look like in this subdivision. No other individual signed up to speak. Mayor Boyle closed the Public Hearing at 6:59 p.m. 7. Citizens to be Heard This is the only time during the Council Meeting that a citizen can address the City Council. It is the 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. City Council may not debate any non-agenda issue, nor may any action be taken on any non-agenda issue at this time; however, 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, and not to any individual member thereof. Public criticism of the City Council or any action, policy program or service provided by the City is not prohibited. However, any person making personal, impertinent, or slanderous remarks to individual members of the Council while addressing the Council may be requested to leave the meeting. DUE TO THE GOVERNORS DECLARATION WE CANNOT HAVE MORE THAN 35 PEOPLE IN THE COUNCIL CHAMBERS DURING THIS MEETING AND KEEP SOCIAL DISTANCING. 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 pcimics(&cibolotx.aov or text 210-514-3495 before 6:OOpm the date of the meeting. The following individuals spoke at Citizens to be Heard: Ms. Titterington from the Chamber. She spoke on events the Chamber held during 2020. Ms. Haro spoke on Fire Station#3 and dumping on Wiedner Road. The City Secretary read two emails that were sent in by citizens. First Ms. Budnik who spoke on chipper service that was added to everyone's bill for a few that utilize the service. She also wanted to know what the city would do with the surplus funds that will be collected. Ms. Spencer gave kudos to the Parks Commission for addressing senior needs in Cibolo. She also spoke on item l OH and did feel that a subcommittee was needed for the P&Z. Ms. Spencer also addressed the chipper service and wanted to know why the city felt this was necessary and why everyone needed to pay for a service used only by a few. Ms. Spencer also address the skating rink thought it would be nice but was it budgeted and was this the proper time with COVID-19 increasing. 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 so requests, in which case the item will be removed from the consent agenda and will be considered as part of the order of business.) A. Approval of the minutes of the regular City Council Meeting held on November 10, 2020. B. Approval of the minutes of the Joint City Council/Planning & Zoning Meeting held on November 10, 2020. C. Approval of the minutes of the Special Council Meeting held on November 19, 2020. D. Approval of the Quarterly Investment Report ending September 30, 2020 pending the final acceptance of the City's financial audit for the 2020/2021 fiscal year. Councilman Quinn made the motion to approve the consent agenda. Motion was seconded by Councilman Gibbs. For: All;Against:None. Motion carried 7 to 0. 9. Staff Update A. Public Works Department—Reports for October 2020. 2 B. Planning & Engineering Department—Reports for November 2020. C. Fire Department—Reports for November 2020. D. Administration—Update on COVID-19—Council was given an update on COVID-19. 10. Discussion/Action A. Discussion/Action on the removal, appointments and re-appointments to Planning and Zoning Commission, Board of Adjustments, Capital Improvement Program (CIP)Committee, Charter Review Committee, Master Plan Committee, Youth Council, Cibolo Economic Development Corporation Board, Animal Advisory Board, and all other Committees, Commissions and Boards. City Council interviewed several individuals for possible appointment to Committee, Commissions, Boards and Corporations. Councilman Hicks made the motion to appoint Ms. Heasley to the Capital Improvement Plan (CIP). Motion was seconded by Councilman Allen. For: All; Against: None. Motion carried 7 to 0. Councilman Quinn made the motion to appoint Ms. Heasley to the Board of Adjustment. Motion was seconded by Councilman Woliver. For: All; Against: None. Motion carried 7 to 0. Councilman Hicks made the motion to appoint Ms. Cunningham to the Charter Review. Motion was seconded by Councilman Quinn. For: All; Against: None. Motion carried 7 to 0. Councilman Allen made the motion to appoint Ms. Cooper to the Unified Development Code (UDC). Motion was seconded by Councilman Hicks. For: All; Against: None. Motion carried 7 to 0. B. Discussion/Action on the final independent audit report from abip for procedures on procurement as requested by City Council. This item was moved to the end of the agenda. Item was moved to Executive Session under Texas Gov't Code Section 441.071 Consultation with Attorney. Mayor Boyle and Council went into Executive Session at 10:52 p.m. Council reconvene into Regular Session at 12:38 a.m. This item will be brought back to council the first meeting in January 2021. C. Discussion/Action regarding the Land Study for Mesa Western Residential Subdivision. Councilman Allen made the motion to approve the Land Study for Mesa Western Residential Subdivision. Motion was seconded by Councilman Hicks. For: All; Against: None. Motion carried 7 to 0. D. Discussion and Direction to Architexas on the scope of work for the Cibolo Old School House/City Hall Annex. There was a lot of discussion between council and the contractor on both options that were presented to council on the Old School House. City gave direction to bid out option A with an alternate bid for option B. Architexas will come back to council at a later date with bid result so council will be able to make a final decision on the project. E. Discussion/Action on the Final Acceptance of Public Infrastructure for Saratoga Subdivision. Councilman Allen made the motion to approve the Final Acceptance of Public Infrastructure for Saratoga Subdivision to include: Sanitary Sewer — 3,239 Lineal Feet (LF) with a valuation of $161,671.70, Drainage Improvements of $235,806.15, Public Street — 3,952 LF with a valuation of $666,951.05, Other (Conduits) 1,488 LF with a valuation of $48,863.20. Total valuation of Accepted Public Improvements dedicated to the City of Cibolo: $1,113,292. 10. Motion was seconded by Councilman Hicks. For: All; Against: None. Motion carried 7 to 0. 3 F. Discussion/Action on the Preliminary Acceptance of Public Infrastructure for Buffalo Crossing II Subdivision, Unit 1. Councilman Gibbs made the motion to approve the Preliminary Acceptance of Public Infrastructure for Buffalo Crossing 11 Subdivision, Unit 1 to include: Water — 5,464 Linear Feet (LF) for a valuation of $375,467.97, Sanitary Sewer— 3,699 LF for a total valuation of$360,139.18, Drainage Improvements - $592,087.70, Public Streets — 5,386 LF for a total valuation of $913,202.30. Total valuation of accepted Public Improvements dedicated to the City of Cibolo: $2,240,897.15. Motion was seconded by Councilman Woliver. For: All; Against: None. Motion carried 7 to 0. G. Discussion/Action regarding the acceptance of an application of voluntary annexation of approximately 10 acres located southeast of the intersection of Tolle Road and Weil Road; and the authorization for staff to enter into a service plan and other agreements necessary for the annexation thereof. Councilman Allen made the motion to approve the acceptance of an application of voluntary annexation of approximately 10 acres located southeast of the intersection of Tolle Road and Weil Road; and the authorization for staff to enter into a service plan and other agreements necessary for the annexation thereof. Motion was seconded by Councilwoman Schultes. For: Councilwoman Schultes, Councilman Quinn, Councilman Gibbs, Councilman Allen and Councilman Hicks; Against: Councilman Bone and Councilman Woliver. Motion carried 5 to 2. H. Discussion/Action on appointment of three (3) councilmembers to a sub-committee with the Planning and Zoning Commission. Councilman Quinn had brought this item to council. Councilman recommended Councilmembers Hicks, Schultes and Woliver for the sub-committee. Councilman Woliver stated that he would not have the time due to workload at this time. Councilman Bone stated that he would be interested. Councilman Quinn made the motion to appoint Councilwoman Schultes, Councilman Hicks and Councilman Bone to the sub-committee to work with the Planning and Zoning Commission. Motion was seconded by Councilman Woliver. A roll call vote was taken by Mayor Boyle. All members voted in favor of the three Councilmembers. For: All; Against: None. Motion carried 7 to 0. I. Discussion/Update and direction on Haeckerville Road and Town Creek from the Bond that was issued in 2008. This item was briefed by the Public Works Director Mr. Fousse. Mr. Fousse stated that he has been working on obtaining easements and have several that will be completed in December. 11. Ordinances A. Approval/Disapproval of an Ordinance of the City to rezone 71 acres of real properties located between Green Valley Road and Wiedner Road, Northwest of the Gatewood Subdivision, from Low Density Single-Family Residential (SF-2) to Medium Density Single-Family Residential (SF-4). Motion was made by Councilman Woliver to approve the Ordinance of the City to rezone 71 acres of real properties located between Green Valley Road and Wiedner Road, Northwest of the Gatewood Subdivision, from Low Density Single-Family Residential (SF-2) to Medium Density Single-Family Residential (SF-4). Motion was seconded by Councilman Allen. Mayor Boyle called for a roll call vote. Councilwoman Schultes — Yes, Councilman Quinn— Yes, Councilman Bone — Yes, Councilman Gibbs — Yes, Councilman Allen — Yes, Councilman Woliver — Yes and Councilman Hicks — Yes. Motion carried 7 to 0. 4 B. Approval/Disapproval of an Ordinance of the City of Cibolo amending the City's Code of Ordinances creating a Capital Improvement Advisory Committee for the purpose of providing recommendations to the City Council regarding a plan for the expenditure of funds for major capital improvement and major capital purchases. Councilman Hicks made the motion to approve an Ordinance of the City of Cibolo amending the City's Code of Ordinances creating a Capital Improvement Advisory Committee for the purpose of providing recommendations to the City Council regarding a plan for the expenditure of funds for major capital improvement and major capital purchases. Motion was seconded by Councilman Quinn. For: All; Against: None. Motion carried 7 to 0. C. Approval/Disapproval of an Ordinance amending the Code of Ordinances of the City of Cibolo, Texas, Appendix A — Unified Development Code, to repeal all provisions relating to Planned Unit Development ("PUD") Zoning Districts and all references thereto. Councilman Hicks made the motion to approve an Ordinance amending the Code of Ordinances of the City of Cibolo, Texas, Appendix A — Unified Development Code, to repeal all provisions relating to Planned Unit Development ("PUD") Zoning Districts and all references thereto. Motion was seconded by Councilwoman Schultes. For: All; Against: None. Motion carried 7 to 0. 12. Discussion/Action A. Discussion on the City of Cibolo's expenditures that were eligible from the Coronavirus Aid, and Economic Security (CARES) Act that provided resources to help governments and businesses respond to the pandemic. Ms. Miranda and Ms. Pollok gave a power point presentation to Council on the Coronavirus Relief Funds. Presentation included categories of eligible expenditures and eligible costs. They provided a chart with expenses by category and reimbursement request submitted. A highlight of all the items purchase with the Coronavirus Relief was briefed to the City Council. B. Discussion/Action and authorizing the City Manager to negotiate a contract for Professional Services to complete the Cibolo Water System AIWA Section 2013 Risk and Resiliency Assessment and Emergency Response Plan with Freese and Nichols, San Antonio, Texas. Councilman Quinn made the motion to authorize the City Manager to negotiate a contract for Professional Services to complete the Cibolo Water System AIWA Section 2013 Risk and Resiliency Assessment and Emergency Response Plan with Freese and Nichols, San Antonio, Texas. Motion was seconded by Councilman Woliver. For: All; Against: None. Motion carried 7 to 0. C. Discussion/Action to authorize the city staff to move forward with the trail project, to include engineering services, and project bidding for the proposed connecting trail from the Ron Pedde Community Garden parking area to the existing trail in Schlather Park. Councilman Woliver made the motion to authorize the city staff to move forward with the trail project, to include engineering services, and project bidding for the proposed connecting trail from the Ron Pedde Community Garden parking area to the existing trail in Schlather Park. Motion was seconded by Councilman Quinn. For: Councilwoman Schultes, Councilman Quinn, Councilman Bone, Councilman Gibbs, Councilman Allen, and Councilman Woliver; Against: Councilman Hicks. Motion carried 6 to 1. 5 D. Discussion/Action on an appointment of a councilmember to serve on an evaluation committee to approve a grant administrator to submit an application to the Texas Department of Agriculture for a Community Development Block Grant for the 2021-2022 Community Development Fund. Councilman Hicks made the motion to appoint Councilman Quinn and Councilman Allen to serve on an evaluation committee to approve a grant administrator to submit an application to the Texas Department of Agriculture for a Community Development Block Grant for the 2021-2022 Community Development Fund. Motion was seconded by Councilman Woliver. For: All; Against: None. Motion carried 7 to 0. E. Discussion/Action and direction to staff on hiring/contracting our inspections to a third party. This item was moved to the first meeting in January 2021. F. Discussion/Action of authorizing a citizen to display a religious display on city property. This item was brought to council by Councilman Gibbs. As Councilman Gibbs stated that this is probable to late to do anything this year but felt council could discuss to see how they would like to proceed with this item for the future. The City Attorney will bring something back to council so they will have something in place for next year. G. Discussion/Action on the City's new monthly fee for chipper/shredder service. Council discussed this item to include how many citizens utilize the service and how we informed the customer of the fee being added to their bill. Council decided that staff will bring this item back to council in six months after they get more information if more customers start using the service. H. Discussion/Action and direction to staff on the rental of an ice-skating rink for the Holiday Season. Council discussed this item and realize that the timing was not right to proceed with an ice-skating rink at this time. With COVID-19 and numbers increasing and item not in this year's budget. It is something to consider for next year. 1. Discussion from Councilmembers that have attended seminars, events or meetings for the City of Cibolo. Mayor Boyle stated that they had a great meeting with the County Commissioners and discussed Interlocals and areas where the City and County could work together. Mayor also said that a meeting was held with a couple of the Planning and Zoning members. Councilman Hicks had a zoom meeting with the AAMPO. Councilman Gibbs read a letter he had sent to the Green Valley Special Utility District. J. Discussion on items council would like to see on future agendas. Council did not have any other items at this time for the January meeting. K. 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. Council went over the calendars for December 2020 and January 2021. 13. 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: 6 A. Discuss the City Managers Contract. Council went into Executive Session at 10:52 p.m. 14. Open Session Reconvene into Regular Session and take/or give direction or action, if necessary, on items discussed in Executive Session. Council reconvened into Regular Session at 12:38 a.m. This item will be continued at the January 2021 meeting. 15. Adjournment—Councilwoman Schultes made the motion to adjourn the meeting at 12:39 a.m. Motion was seconded by Councilman Quinn. For: All; Against: None. Motion carried 7 to 0. PASSED AND APPROVED THIS 12TH DAY OF JANUARY 2021. Stosh Bo e Mayor ATTEST Peggy Cimics, TRMC City Secretary 7