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Min CC 02/09/2021 OF C,49 ` o r o Text`s "City of Choice" CITY COUNCIL MEETING CIBOLO MUNICIPAL BUILDING 200 S. Main February 9, 2021 6:30 p.m. MINUTES 1. Call to Order—Meeting was called to order by Mayor Boyle at 6:31 p.m. 2. Roll Call and Excused Absences — Members Present: Mayor Boyle, Councilwoman Schultes, Councilman Quinn, Councilman Bone, Councilman Allen (arrived 6:45 p.m.), Councilman Woliver, and Councilman Hicks. Members Absent: Councilman Gibbs. Motion was made by Councilman Hicks to excuse the absence of Councilman Gibbs. For: All; Against: None. Motion carried 5 to 0. 3. Invocation—Councilman Hicks gave the Invocation. 4. Pledge of Allegiance—All in attendance recited the Pledge of Allegiance. 5. Proclamation A. Proclamation for Career and Technical Education Month. Mayor Boyle presented Amy Massey from the Schertz-Cibolo-Universal City School District a Proclamation. 6. 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 15 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(a)cibolotx.gov or text 210-514-3495 before 6:00pm the date of the meeting. The following individuals signed up to speak. Emily Holsten introduced herself as a junior at Steele High School. She would like to see the City of Cibolo start a Youth Council. John Lockley a member of the Board of Directors for his HOA and he strongly was in opposition of a Community Residential Facility in a Single-Family Residential district. David Rodriquez also spoke in opposition to a Community Residential Facility in a Single-Family district. Kara Latimer stated she was concerned about a change in the zoning to Community Residential because Cibolo does not have an ambulance service nor a Health Department. She was also concern it could cause a burden to the Cibolo Police Department. Maggie Titterington from the Chamber briefed on upcoming events in the S chertz-Cibolo-Selma area. James Hendrix also spoke in opposition to the rezoning from a Single-Family to a Community Residential Facility. He stated that it was in direct violation the HOA covets that all residents sign when purchasing a home in that subdivision. 7. Consent Agenda—Consent Items (General Items) (All items listed below are 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 Special City Council Meeting held on January 26, 2021. B. Approval of the minutes of the regular City Council Meeting held on January 26, 2021. C. Approval of the Quarterly Investment Report ending December 31, 2020 pending the final acceptance of the City's financial audit for the 2020/2021 fiscal year. D. Approval of the December 2020 Check Register pending final acceptance of the City's financial audit for the 2020/2021 fiscal year. E. Approval of the December 2020 Revenue and Expense Report pending final acceptance of the City's Financial audit for the 2020/2021 Fiscal Year. Councilman Hicks made the motion to approve the consent agenda. Motion was seconded by Councilman Woliver. For: All; Against: None. Motion carried 6 to 0. 8. Staff Update A. Planning & Engineering Department—Reports for January 2021. B. Fire Department—Reports for January 2021. C. Police Department—Reports for January 2021. D. Court Department E. IT Department F. Administration — Update on COVID-19 — City Council was given an update on COVID-19 and the vaccine being administered by the City of Schertz. 9. Discussion/Action A. Discussion/Action regarding a request to amend the Future Land Use Map for property located at 1876 FM 1103. The Future Land Use Map proposal would replace approximately ten (10) acres from Neighborhood Commercial and Neighborhood Residential to Commercial. Councilman Quinn made the motion to approve the request to amend the Future Land Use Map for property located at 1876 FM 1103. The Future Land Use Map proposal would replace approximately ten (10) acres from Neighborhood Commercial and Neighborhood Residential to Commercial. Motion 2 was seconded by Councilman Hicks. For: Councilmembers Schultes, Quinn, Bone, Woliver and Hicks; Against: Councilman Allen. Motion carried 5 to 1. B. Discussion/Action on late water bill notices and how and when they are sent to customers. After a briefed discussion council agreed to have a couple councilmembers and staff to get together to see what could be done with this issue. This item will be brought back o council in approximately 30 days. C. Discussion from Councilmembers that have attended seminars, events, or meetings for the City of Cibolo. Councilman Hicks stated that he had participated in the food drive at Santikos Theater. He also helped at the Schertz Community Center with the COVID vaccines. D. Discussion on items council would like to see on future agendas. Councilman Allen would like an update on road projects in the city. Councilman Quinn would like a discussion/action item on forming a Youth Council. Mayor Boyle would like an update on the Summer Nights Program and an update from the City Attorney on bills that have been submitted that will affect cities. E. 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 February and March 2 02 1. 10. Ordinances A. Approval/Disapproval of an Ordinance of the City of Cibolo providing for the third amendment of the budget for the Fiscal Year 2020-2021. Councilman Hicks made the motion to approve the Ordinance of the City of Cibolo providing for the third amendment of the budget for the Fiscal Year 2020-2021. Motion was seconded by Councilman Quinn. For: All; Against: None. Motion carried 6 to 0. B. Approval/Disapproval of an Ordinance of the City of Cibolo amending the Code of the City of Cibolo, Texas, Appendix A — Unified Development Code Article 13-Use Tables of the Unified Development Code to modify the prohibited use of a Community Residential Facility in Single Family Residential districts, to a Conditional Use Permit. Council convened into executive session under Local Government Code 551.071 Consultation with Attorney at 7:52 p.m. Council returned into regular session at 7:59 p.m. Councilman Allen made the motion to disapprove an Ordinance of the City of Cibolo amending the Code of the City of Cibolo, Texas, Appendix A — Unified Development Code Article 13-Use Tables of the Unified Development Code to modify the prohibited use of a Community Residential Facility in Single Family Residential districts, to a Conditional Use Permit. Motion was seconded by Councilman Quinn. Mayor Boyle took a roll call vote. Councilwoman Schultes — Yes, Councilman Quinn— Yes, Councilman Bone — Yes, Councilman Allen—Yes, Councilman Woliver—Yes, and Councilman Hicks—Yes. Motion carried 6 to 0. C. Approval/Disapproval of an Ordinance of the City of Cibolo regarding the rezoning of.23 acres located at 203 Bee Alley from the current zoning of High Density Residential (SF-6) with an Old Town Mixed Use Overlay to Community Retail/Service (C-2) with an Old Town Mixed Use Overlay. 3 Council convened into executive session under Local Government Code 551.071 Consultation with Attorney at 8:13 p.m. Council reconvened into regular session at 8:19 p.m. Councilman Quinn made the motion to approve the Ordinance of the City of Cibolo regarding the rezoning of .23 acres located at 203 Bee Alley from the current zoning of High Density Residential (SF-6) with an Old Town Mixed Use Overlay to Community Retail/Service (C-2) with an Old Town Mixed Use Overlay. Motion was seconded by Councilman Woliver. Mayor Boyle took a roll call vote. Councilwoman Schultes—Yes, Councilman Quinn—Yes, Councilman Bone—No, Councilman Allen— Yes, Councilman Woliver—Yes, and Councilman Hicks—No. Motion carried 4 to D. Approval/Disapproval of an Ordinance of the City of Cibolo regarding the rezoning of approximately five (5) acres of real property located along Kove Lane, west of the Bella Rosa Subdivision. Property is currently zoned Low Density Single-Family Residential (SF-2) and the requested rezoning is for High Density Single-Family Residential (SF-6). Council convened into executive session under Local Government Code 551.071 Consultation with Attorney at 8:35 p.m. Council reconvened into regular session at 8:43 p.m. Mayor Boyle let Melissa and Keith Hendrix speak on this item. City Attorney Mr. Lindner informed council to overturn a decision of the Planning & Zoning Commission it requires a 3/4 vote of the entire city council. Since we have one council member absence tonight it would have to be a 6 to 0 vote to approve the ordinance. Councilman Woliver made the motion to approve an Ordinance of the City of Cibolo regarding the rezoning of approximately five (5) acres of real property located along Kove Lane, west of the Bella Rosa Subdivision. Property is currently zoned Low Density Single-Family Residential (SF-2) and the requested rezoning is for High Density Single-Family Residential (SF-6). Motion was seconded by Councilman Allen. Mayor Boyle took a roll call vote. Councilwoman Schultes- Yes, Councilman Quinn — No, Councilman Bone — Yes, Councilman Allen — Yes, Councilman Woliver—Yes and Councilman Hicks—Yes. Vote was 6 to 1. Vote failed as all members had to vote yes for it to pass. Councilman Allen made the motion to table this item until they have a full council. Motion was seconded by Councilman Woliver. For: Councilmembers: Schultes, Bone, Allen, Woliver and Hicks; Against: Councilman Quinn. Motion carried 5 to 1. Mayor Boyle stated that this item will be added to the next agenda. 11. Resolution A. Approval/Disapproval of a Resolution of the City of Cibolo authorizing the award of Professional Service Provider Contract for the 2021-2022 Texas Community Development Block Grant Community Development Fund. Councilman Hicks made the motion to approve a Resolution of the City of Cibolo authorizing the award of Professional Service Provider Contract for the 2021-2022 Texas Community Development Block Grant Community Development Fund. Motion was seconded by Councilwoman Schultes. For: All; Against: None. Motion carried 6 to 0. 12. Executive Session The City Council will meet in Executive Session as authorized by the Texas Gov't Code Section 551.072 Deliberation Regarding Real Property and 551.071, Consultation with Attorney to discuss the following: A. Discussion on acquisition of property for Bolton Road and Santa Clara Road, Street and Drainage Improvements Project. Council convened into executive session at 9:23 p.m. 4 13. 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 10:15 p.m. Councilman Hicks made the motion for staff to proceed as discussed. Motion was seconded by Councilman Quinn. For: All; Against: None. Motion carried 6 to 0. 14. Adjournment Councilman Allen made the motion to adjourn the meeting at 10:16 p.m. Motion was seconded by Councilman Quinn. For: All; Against: None. Motion carried 6 to 0. PASSED AND APPROVED THIS 2ND DAY OF MARCH 2021. �S�tosh Boyle Mayor ATTEST /-mayZ�L Peggy Cimics, TRMC City Secretary City of Cibolo 5