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Min CC 07/27/2021 .� or C'e 0 A, :. v �► 0 1 ASD{ A=' "City of Choice" CIBOLO CITY COUNCIL Location: Everyday Christian Fellowship 950 Everyday Way July 27, 2021 6:30 p.m. MINUTES 1. Call to Order—Meeting was called to order by Mayor Boyle at 6:32 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: City Manager Mr.- Reed, City Attorney Ms. Solis/Mr. Garza, City-Secretary Ms. Cimics, Police Chief Hugghins, Director of Planning and Engineering Mr. Klein, IT Director Mr. McDaniel, Public Works Director Mr. Fousse, Mr. Morris, and Ms. Gonzalez. 3. Invocation—Councilman Quinn gave the Invocation. 4.) Pledge of Alle i�ance—All in attendance recited the Pledge of Allegiance. 5. 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. 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 ipcimics(a0cibolotx.Eov or telephone 210-514-3495 before 5:00 pm the date of the meeting. The following individuals signed up to speak: Mr. Weaver spoke on the Grange Half and the Senior Program the City of Cibolo is looking at for the next fiscal year and the possibility of using the Grange Hall. He is looking forward to a partnership with the city and left a handout on Grange Hall for the councilmembers. Mr. K. Ratcliff spoke on the Ratcliff property and the desire to have.a charter school built on this site. He felt that this school will only complaint the great school district we have right now. It will give a choice to the parents with children in this area.'- Ms. Titterington briefed the council on upcoming events scheduled for the next month. Mr. P. Carmean and Ms. M. Carmean spoke against the rezoning located ,north of the intersection of FM 1103 and Knights Crossing from Neighborhood Commercial to Multi-Family Residential. They stated that there is already enough multi-family scheduled for this area and one more will just cause more problems with traffic at an already saturated intersection. Mr.Niland stated that he has watch Cibolo grow for many years. He also stated that he understood that the citizens voted on a bar in the downtown area but that vote should only be for those that would have been effective by the bar as they don't have to live with the noise and traffic. Mr. Niland stated that other cities require a police presence that they must hire. We keep building parking lots for these business at taxpayer's expense. We put signs up and crosswalks all to benefit a few. Jessica Whittenberg stated that she was representing a new football league in the city the Junior Knights which are part of the American Youth Association. Mr. M. Hicks sent an email which was read by the City Secretary. Mr. Hicks wanted to speak about three different items. First the Senior Program — He felt that this did not belong with the Parks and Recreation Committee it has nothing to do with parks. The Parks Committee needs to put their effort towards city parks. He also against making a change to the City Charter by changing districts to a hybrid. He felt that citizens wanting to run would have to choose to run either for a district or a at large place. Those running for at-large would have to spend more money during election time to let citizens know they were running for a place compared to a district. Third, he felt that the district one seat should be left empty when Councilwoman Schultz leave as it is to close to the election. Someone appointed would have an advantage over someone else running. 6. Public Hearing A. Cibolo City Council will hold a public hearing to hear public testimony concerning a Conditional Use Permit for approximately 12 acres out of a 17-acre parent tract, for the use of a Primary Educational Facility located at 3200 Cibolo Valley Drive. This item was briefed by Ms. Gonzalez the City Planner. Mayor Boyle opened the public hearing at 6:59 p.m. The following individuals spoke at this public hearing: Mr. Christianson felt that a full TIA and staff review should be done before coming back on August 10th. Mr. Simpson biggest concern was rushing for a decision before all the information is given. He did not feel that Cibolo Valley Drive was built for the traffic we have today let alone the additional traffic a school brings. Mr. Simpson also wanted to know if a school brings sales revenue to the city. Ms. Cunningham states that her children attend public schools but has no objection to a charter or private school. This gives parents a choice on what school they would like their children to attend. Ms. Cunningham also stated that this property is already zoned for a school and it's a perfect fit for this area. Mr. Freeman stated that Mr. Ratcliff has been a leader in this community for a long time. Mr. Freeman also was concerned with the traffic but hopes that this will be address by'the City Engineer and the Planning Department. He also stated that Cibolo Valley Drive is scheduled to be fix but also more traffic will be on this road due to work on FM 1103. The school will also bring additional traffic. Mr. Freeman stated that the TIA hopefully will bring answers to many of these questions. He also address the zoning as he found no record of the change or advertising when it was changed to C 1. Staff did respond to this last question that the zoning was done in 2010 when the city did a mass re-zoning of numerous properties. The City Attorney also informed Mr. Freeman that the stature of limitation had expired to contest this zoning. This public hearing will stay open and will be back on the agenda at the Council Meeting scheduled for August 1 oth. B. Cibolo City Council will hold a public hearing to hear public testimony concerning the rezoning of approximately 15 acres out of a 30-acre parent tract, located north of the intersection of FM 1103 and Knights Crossing (Steele Creek Subdivision) from the current zoning of Neighborhood Commercial (Cl)to Multi-Family Residential (MF 1). This item was briefed by the City Planner Ms. Gonzalez. Ms. Gonzalez did state that the Planning and Zoning Commission recommended denial by a vote of 4 to 3 at their last meeting. Mayor Boyle open the public hearing at 7:23 p.m. The following individuals spoke—Mr. Bob Killam would like to have 2 the full Engineer Report and a full presentation on this item at the next meeting. He is concerned with all the multi-family in this area. Ms. Latimer spoke to council on the road that would be built and the - three other multi-family planned for this area already. Ms. Cunningham was concerned with the traffic that would feed into FM 1103 which is already a dangerous area. She was not opposed.to multi=family but was concerned about four multi-family complexes being added into a small area. Mayor Boyle left this item open and it will be on the August 10th Council Meeting. C. Cibolo.City Council will hold a public hearing to hear public testimony concerning amending Articles 4, 8, 12, 17, 19, and 20 of the UDC 'to transfer certain grants of final approval authority from the Planning and Zoning Commission to the City Council. This item was briefed to council by the City Engineer Mr.,Klein. Mayor Boyle open the public hearing at 7:33 p.m. No one spoke on this item and Mayor Boyle closed the public hearing at 7:34 p.m. Mayor Boyle called for a recess at 7:34 p.m. so City. Council could. wish their goodbyes to Councilwoman Schultes. Mayor,Boyle presented Councilwoman Schultes with an award for her 10 years.of service to the City of Cibolo as a member of the Parks and Recreation Committee and her service as a Councilwoman representing District 1 and the entire City of Cibolo. Mayor Boyle presented Jennifer with a bouquet of flowers and a basket with items from local businesses. Councilwoman Schultes thanked the Council, Staff, and the citizens of Cibolo Everyone had the opportunity to speak with Jennifer and enjoy cookies and water. Mayor Boyle called the meeting back to order at 7:56 p.m. 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 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 July 13, 2021 B. Approval of the May 2021 Check Register pending 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 Allen. For: All; Against: None. Motion carried 7 to 0. 8. Staff Update A. Public Works (June Report) B City Administration(July Update)—City Manager informed Council that he would be interviewing for Finance Director position, EDC Director position and the IT Director position. He also briefed on City Hall and the testing that was done. At this time, it looks as staff will be able to move back in on Monday. 9. Discussion/Action A. Discussion and presentation of a Proclamation to Roadrunner Towing on the Move Over, Slow Down Law. 3 Mayor Boyle introduced Geoff Nienstedt the owner of Roadrunner Towing how explained the Move Over, Slow Down Law. He 'showed a video that highlighted exactly what this law is about. Mayor Boyle presented Mr. Nienstedt with a Proclamation on the Move Over, Slow Down Law. B. Discussion/Action on the Senior Program for the City of Cibolo as presented by the Parks Committee. Ms. Herr the Chairperson of the Parks Committee presented a power point on the Senior Program and ask Council for the funding of this program for the 2021/2022 budget. Council wanting to look into this program a little more but to earmark the money in the budget. C. Discussion/Action on a Public Improvement Agreement (PIA) between the City of Cibolo and 2015 Foxbrook Land Development; Inc., establishing the public improvements obligations related to the development of real property, approximately 98.41 acres, approximately half a mile north of FM 1103 and Green Valley Road intersection. Councilman Quinn made the motion to approve the Public Improvement Agreement (PIA) between the City of Cibolo and 2015 Foxbrook Land Development, Inc., establishing the public improvements obligations related to the development of real property, approximately 98.41 acres, approximately half a mile north of FM 1103 and Green Valley Road intersection. Motion was seconded by Councilman Hicks. For: All; Against: None. Motion carried 7 to 0. D. Discussion/Action regarding the Public Improvement Agreement (PIA) between the City of Cibolo and PBCH Development, LLC., establishing the public improvements obligations related to the development of real property, approximately 71.68 acres, approximately half a mile.west of FM 1103 and Green Valley Road intersection, bordered by Green Valley Road to the North, and Wiedner Road to the South,known as the Mesa Western Residential Subdivision. Councilman Quinn made the motion to approve the Public Improvement Agreement (PIA) between the City of Cibolo and PBCH Development, LLC., establishing the public improvements obligations related to the development of real property, approximately 71.68 acres, approximately half a mile west of FM 1103 and Green Valley Road intersection, bordered by Green Valley Road to the North, and Wiedner Road to the South, known as the Mesa Western Residential Subdivision. Motion was seconded by Councilman Hicks. For: All; Against: None. Motion carried 7 to 0. E. Discussion/Action on the ARP Project final section list. This item was briefed by the IT Director Mr. McDaniel. Council ask staff to look into the additional cost to add fiber to the few homes on Town Creek Road. Council did provide direction to staff to move forward with the ten projects that had the most votes from council. The money left over would be set aside at this time. F. Discussion/Action on the amendments to the City Charter as presented by the Charter Review Committee. Mr. Hetzel and Ms.- Cunningham went over the items the Charter Review Committee is recommending to place on the November election ballot for the citizen to vote on. Council went over a few of the items with Mr. Hetzel and Ms. Cunningham to include the Hybrid for election of councilmembers. Ms. Cunningham explained what the Charter Review Committee reason on this item. Councilman Hicks stated that he had sent transition language for this item to the City Attorney. This language would give council additional time to have a demographer realign the districts and a phase in of the three at place councilmembers. Councilman Quinn made the motion to place all the items the Charter Review Committee has presented on the November ballot for the citizens of Cibolo to vote on. He also wanted 4 to include the transition language from Councilman Hicks. Motion was seconded by Councilman Bone. For: Council Members: Schultes, Quinn, Bone, Gibbs, Woliver and Hicks; Against: Councilman Allen. Motion carried 6 to 1. G. Discussion on possibly filling the district 1 seat after the departure of Councilwoman.Schultes. This item was discussed by Council. Council decided to wait until after the deadline.to file (August 16th)before making a decision. This item will be brought back on the August 24th agenda. H. Discussion and direction to staff on the FLUM for Buffalo Crossing and changing from multi-family to residential. Council decided to let the City Manager look at the FLUM and Comprehensive Plan before they make a decision. This will be brought back at a later date. I. Discussion and direction on when did the City of Cibolo rezone the Ratcliff Property from residential to commercial. Council was informed that this property was rezone in the 2008-2010-time frame when the City did a mass rezoning. Statue of limitation for someone to contest this rezoning has expired. J. Presentation/Discussion and direction to staff regarding FY 22 Budget Development. The City Manager Mr. Reed informed council that he was still working on the CIP and would like to have a few councilmembers appointed to a sub-committee for this part of the budget. Councilmembers Bone, Quinn, Gibbs, and Hicks volunteered to be on this sub-committee. Meetings will be posted and at the present time be conducted over at Fire Station #2. Mr. Reed did a brief recap from the July 20th Budget Meeting with Council. The City Manager went over the invoice received from Canyon Regional Water Authority (CRWA) in the amount of$91,142.24 which expenses incurred.during the winter storm. Mr. Reed stated that sufficient funds exist to pay the invoice and that this would be a FY2I expense that would be covered in the Utility Fund. Both Chief Hugghins and Chief Troncoso briefed Council on recruitment, number of positions, vacancies,reason for departure and compensation. Both departments' salaries are much lower then the average salary of other cities in are areas. Ms. Hetzel the Human Resource Supervisor briefed council on staff benefits to include medical, dental, vision and other insurance offered by the City. Mr. Reed discussed compensation for not only the Police and Fire but also Non-Public Safety. Council gave direction for compensation adjustment to 100% starting 1 October 2021. Non-Public Safety will receive a 2.5 cola and a 2.5 pay for performance. The city will also have a salary survey done in the next budget on all positions in the city. K. Discussion and possible action to issue a Letter of Censure and other penalties against an elected official for possible violation of the Code of Ethics. This item was discussed by the entire council. Mayor Boyle as well as several Councilmembers thanked Councilman Woliver for sending the letters of apology to the recruiting firm and the individual involved. Councilman Woliver also read a letter stating that he meant no harm and just didn't realize at the time that he had signed a Non-Disclosure Agreement. Councilman Woliver stated he was just doing his research trying to make the best decision on the selection of a new City Manager. Councilman Woliver has apologized to everyone involved and has owned up to his mistake. Mayor did read a copy of the Letter of Censure and gave a copy to Councilman Woliver. Councilman Quinn 5 made the motion to also fine Councilman Woliver $250.00 for violating the Code of Ethics. Motion was seconded by Councilman Hicks. For: All; Against: None. Motion carried 6 to 0. L. Discussion from Councilmembers that have attended seminars, events, or meetings :for the City of Cibolo. Mayor Boyle stated that the Job Fair was a success and thanked those involved for a great job. Councilman Hicks stated that Cibolo projects on MPO list looked good for the city. M. Discussion on items Council would like to see on future agendas. Councilman Allen stated-he would like the item he sent last week on"No thru Trucks"on the agenda. N. 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. No changes at this time. 10. Ordinances A. Approval/Disapproval of an ordinance of the City of Cibolo regarding proposed amendments to Articles 4, 8, 12, 17, 19 and 20 of the UDC to transfer certain grants-of final approval authority from the Planning and Zoning Commission to the City Council. Councilman Hicks made the motion to approve the ordinance of the City of Cibolo regarding-proposed amendments to Articles 4, 8, 12, 17, 19 and 20 of the UDC.to transfer certain grants of final approval authority from the Planning and Zoning Commission to the City Council. Motion was seconded by Councilman Allen. For: All; Against: None. Motion carried 7 to 0. B. Approval/Disapproval of an ordinance of the City of Cibolo regarding proposed amendments to Chapter 58 —. Signs, including Section 58-9 and Section Sections 58=14 through 58-17, to transfer certain grants of final approval authority regarding signs from the Planning and Zoning Commission to the City Council. Councilman Quinn made the motion to approve the ordinance of the City of Cibolo regarding proposed amendments to Chapter 58 — Signs, including Section 58-9 and Section Sections 58-14 through 58-17, to transfer certain grants of final approval authority regarding signs from-the Planning-and Zoning Commission to the City Council. Motion was seconded by Councilman Gibbs. .For: All; Against: None. Motion carried 7 to.0. C. Approval/Disapproval of an ordinance calling the November 2, 2021 General Election.. Councilwoman Schultes made the motion to approve the 'ordinance calling the November 2, 2021 General.Election. Motion was seconded by Councilman Hicks. For:: All; Against: None. Motion carried 7 to 0. 11. Resolutions A. Approval/Disapproval of a resolution relating.to "Cibolo Economic Development Corporation sales tax revenue bonds, taxable series 2021", approving the bond resolution of the Cibolo 'Economic Development Corporation authorizing the issuance of such bonds; and resolving other matters incident and related to the issuance of such bonds. 6 Councilman Hicks made the motion to approve the resolution relating to "Cibolo Economic Development Corporation sales tax revenue bonds, taxable series 2021", approving the bond resolution of the Cibolo Economic Development Corporation authorizing the issuance of such bonds; and resolving other matters incident and related to the issuance of such bonds. Motion was seconded by Councilman Allen. For: All; Against: None. Motion carried 7 to 0. 12. Adjournment Councilman Quinn made the motion to adjourn the meeting at 10:45 p.m. Motion was seconded by Councilman Allen. For: Councilmembers: Quinn,Bone, Gibbs, Allen, Woliver, and Hicks; Against: Councilwomen Schultes. Motion carried 6 to 1. PASSED AND APPROVED THIS 10TH DAY OF AUGUST 2021 sh Bo Mayor ATTEST �7 Peggy Cimics, TRMC City Secretary 7