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Min CC 05/08/2021 OF C/ \�l ,,,..,,.,,,,, 0 a T'E X A`' "City of Choice" CITY COUNCIL MEETING CIBOLO MUNICIPAL BUILDING 200 S. Main May 25, 2021 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 —Members Present: Mayor Boyle, Councilwoman Schultes, Councilman Quinn, Councilman Bone, Councilman Gibbs, Councilman Allen, Councilman Woliver, and Councilman Hicks; Staff Present: Interim City Manager Chief Hugghins, City Secretary Ms. Cimics, City Attorney Mr. Garza, City Attorney Mr. Lindner, Fire Chief Troncoso, Planning & Engineering Director Mr. Klein, IT Director Mr. McDaniel, and Public Works Director Mr. Fousse. 3. Invocation—Invocation was given by Councilman Allen. 4. Pledge of Alle ig ance—All in attendance recited the Pledge of Allegiance. 5. Public Hearing A. The City of Cibolo City Council will hold a public hearing to hear public testimony regarding a Conditional Use Permit (CUP) for local convenience store sales and drive-thru window uses_located at 3893 Cibolo Valley Drive, Suite 107. Mayor Boyle open the public hearing at 6:35 p.m. No one wish to speak and Mayor Boyle closed the public hearing at 6:35 p.m. 6. Proclamations A. Proclamation for those students entering the military after graduating from High School. Proclamations were given to the following students from Steele and Clemens High School that have plans on joining the military after graduation. Kenneth Williams Destiny Torres Aiden Gomez Richard Davila Diaz Derik Mire Jonathan Koehler Morgan Mendez Dayd Norris Samuel Sanchez Duane Scognio Aaron Weis Jonathan Hiland Jack Merritt Max Webb 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 SOCIAL DISTANCING, WE CANNOT HAVE MORE THAN 40 PEOPLE IN THE COUNCIL CHAMBERS DURING THIS MEETING. 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(ii),cibolotx.gov or text 210-514-3495 before 6:OOpm the date of the meeting. The City Secretary read an email sent in by Ms. Cindy Spencer. Ms. Spencer questioned why the city hired JG Consulting for the City Manager search as they seem to be a resource for school systems. She also stated that the candidates were required to initial and sign verification forms asking if they were ever charged with a felony, misdemeanor, or major traffic violation such as driving under the influence of drug and alcohol. She thought this was interesting as she stated over half of the sitting council could not initial or sign the form. She also question background checks as the majority of council opposed to having background checks. Ms. Spencer also address item 101 and IOJ. She felt this was just another way of needing to be in control and micromanaging. She also wanted to know why some members of committees were aloud to stay on even though their time had expired. For the building moratorium she hopes council listens to the attorneys. Ethics violation did not know who it was against but witness a commission member being disrespectful to staff and other commission members. Council needs to address this situation. Mr. Melvin Hicks spoke to council and staff and thanked everyone that had attended the ceremony of life for his wife this past weekend. He appreciated everyone and knew that his wife is now in a better place. 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 May 11, 2021. B. Approval of the March 2021 Revenue and Expense Report pending final acceptance of the City's Financial audit for the 2020/2021 Fiscal Year. C. Approval of the March 2021 Check Register pending final acceptance of the City's financial audit for the 2020/2021 fiscal year. D. Approval of the Quarterly Investment Report ending March 31, 2021 pending the final acceptance of the City's financial audit for the 2020/2021 fiscal year. 2 Councilman Woliver made the motion to approve the consent agenda. Motion was seconded by Councilman Quinn. For: Councilmembers Schultes, Quinn, Bone, Gibbs, Allen, and Woliver; Against: Councilman Hicks. Motion carried 6 to 1. 9. Staff Update A. IT Department B. Police Department C. Administration—Update on COVID-19 As present in council packet. 10. Discussion/Action A. Discussion/Action on the approval and authorization for the Interim City Manager to enter into a Funding Agreementwith the YMCA of Greater San Antonio for the project of a"Miracle Field". Councilman Woliver made the motion to authorize the Interim City Manager to enter into a Funding Agreement with the YMCA of Greater San Antonio for the project of a "Miracle Field". Motion was seconded by Councilwoman Schultes. Mayor Boyle took 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. B. Discussion/Action to authorize the Interim City Manager to enter into a contract with C-3 Environmental Specialties, LP from Schertz, Texas in the amount of Sixty-Nine Thousand, Five Hundred Three Dollars and Zero Cents ($69,503.00) and to authorize a construction contingency fund in the amount of Five Thousand Dollars ($5,000). Councilman Quinn made the motion to approve authorizing the Interim City Manager to enter into a contract with C-3 Environmental Specialties, LP from Schertz, Texas in the amount of Sixty-Nine Thousand, Five Hundred Three Dollars and Zero Cents ($69,503.00) and to authorize a construction contingency fund in the amount of Five Thousand Dollars ($5,000). Motion was seconded by Councilman Hicks. For: All; Against:None. Motion carried 7 to 0. C. Discussion and direction to staff on the American Rescue Plan Act (ARP) of 2021 and projects staff feels are eligible for the funding based on the guidelines. Mr. McDaniel and Ms. Pollok informed the City Council that staff had several meetings to discuss and compile a list of projects that they felt would be eligible for the ARP Project Funding. Staff wanted to see if council agreed with the list,or if they had other project they would like to be added if they met the criteria for the funding. Council appreciated the had work staff put into the list and thanked them for infrastructure projects. Councilman Quinn thought if we removed utility rebates and ED grants made more infrastructure project could be added and the possibility of an ambulance for the Fire Department. Councilman Hicks also would like to look at drainage in the downtown area especially on Wiederstein Street, Pecan and South Street. Mr. McDaniel stated he would look into these items and see if they would fall into the funding category and also get a price so we could adjust the list appropriately. 3 D. Discussion and direction to staff on the Hotel Occupancy Tax. Councilman Allen thanked staff for the ordinances from the other cities. All the cities seem to be at seven percent. The attorney stated that seven precent was the max with a few exceptions. He will check to see if Cibolo would fall into the exception category. E. Discussion on Airbnb's in the City of Cibolo. Mr. Lindner stated that there are three cases at the Supreme Court on Airbnb's and is waiting to see if those cases will be heard by the high court. The attorney did state that the city could regulate Airbnb's, they could collect hot taxes on those properties and they could put a permit process in place. The city could also see if ordinances we currently have in place may address the issues we have with Airbnb's. Some of the council did not see a problem and never knew there was a problem until it was put on the agenda. Councilman Allen stated that this was brought to his attention by members in his district. Council thanked Councilman Allen for bringing this up but did not feel it was something that needed to be address at this time. F. Discussion and direction to staff on a draft Animal Control Regulation Ordinance. The City Secretary stated that she just wanted to make sure council did not have any other changes to the draft ordinance before it is brought backup as an ordinance to adopt. The draft has been reviewed by the attorneys, staff, and the Animal Advisory Board. Council had no additional changes and this will be brought back as an ordinance for adoption at the June meeting. G. Discussion on a Building moratorium for residential development in Cibolo. Councilman Hicks stated that this is a subject council has discussed before but nothing has been done. After a discussion with all council, they agreed to have staff find a firm that can do a Risk Assessment. Staff should find out the cost of the assessment and council will have a workshop%in late June on this subj ect. .H. Discussion on the Joint meeting between the City Council and the Planning & Zoning Commission held in March 2021. Moved to executive session. I. Discussion/Action on the powers and authority of the Planning and Zoning Commission (possible disbandment of the commission or developing an ordinance bringing all decisions including all plats to council for final approval). Councilman Quinn stated that he had done some research on other cities and all final decisions of the Planning'& Zoning Commission comes back to City Council for,final approval. Ms. Latimer and Mr. Benson ask if they would like to speak as the Chairman and Vice Chairman of the P&Z. Ms. Latimer stated that she would support Council's decision on this subject. Both Councilman Woliver and Councilman Allen stated that they would support this if the items could be placed on the consent agenda. If a councilmember had a question that item could be removed from consent and discussed separately. Council seem. to agree with this and the attorney-will prepare an ordinance that all items brought to the P&Z will have a recommendation from the P&Z for Council to make the final approval. 4 r J. Discussion/Action on removal of commissioners from the Planning and Zoning Commission. Moved to executive session. K. Discussion/Action on allowing developers or members of development boards on the Planning and Zoning Commission, Unified Development Code Committee, and the Economic Development Corporation. Moved to executive session. L. Discussion/Action for the Planning and Zoning Commission to come up with storage limits and time limits for pump and haul in the City of Cibolo to include the ETJ to be placed in the UDC. City Attorney stated that they had provided a draft ordinance to the Council/P&Z sub-committee to look at. This item should be coming to the full council at a later date for approval. M. Discussion from Councilmembers that have attended seminars, events, or meetings for the City of Cibolo. Councilman Allen stated that he had attending the TxDOT Road Project Presentation at Santikos, the Police Memorial Ceremony, Police Awards Banquet and NE Partnership. Councilman Hicks stated that he attended the scoring of projects with the AAMPO. N. Discussion on items Council would like to see on future agendas. Mayor Boyle would like an item on speed bumps for Pfiel Road. O. 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. Ms. Cimics went over the May and June calendars. Workshops were scheduled for June 15th with Council and the CIP Committee. A Workshop was also scheduled for June 291h to discuss the budget and building moratorium. 11. Executive Session The City Council will meet in Executive Session as authorized by the Texas Gov't Code Section 551.074, Personnel Matters and 551.071, Consultation with Attorney to discuss the following: A. Discussion on the City Manager position. B. Discussion on a possible ethics violation of a committee member. Mayor Boyle stated that the City Council will convene into executive session at 9:00 p.m. to discuss the two items above and also item 10H. Discussion on the Joint meeting between the City Council and the Planning and Zoning Commission held in March 2021. Item 10J. Discussion on removal of commissioners from the Planning and Zoning Commission. Item 10K. Discussion on allowing developers or members of development boards on the Planning and Zoning Commission, Unified Development Code Committee, and the Economic Development Corporation. 5 12. 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 9:38 p.m. No action was taken. 13. Adjournment Councilman Hicks made the motion to adjourn the meeting at 9:40 p.m. Motion was seconded by Councilman Woliver. For: All; Against:None. Motion carried 7 to 0. PASSED AND APPROVED THIS 8TH DAY OF JUNE 2021. Stosh B le Mayor ATTEST Peggy Cimics, TRMC City Secretary 6