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Min CC 08/10/2021 A O cl& AN 0 ru JW .O A "city of Choice" CIBOLO CITY COUNCIL Location: Everyday Christian Fellowship 950 Everyday Way August 10, 2021 6:30 p.m. MINUTES 1.. Call to Order-Meeting was called to order by Mayor-Boyle at 6:35 p.m. 2. : Roll Call and Excused Absences — Council Present: Mayor Boyle, Councilman Quinn, Councilman Bone, Councilman Gibbs, Councilman Allen, Councilman Woliver, and Councilman Hicks; Staff Present: City Manager Mr. Reed,.City Attorney Mr. Lindner, City Attorney Mr. .Garza, City Secretary Ms. Cimics, Fire Chief Troncoso, Planning and Engineering Director Mr. Kline, Assistant Planning Director Ms. Gonzalez, Public Works Director Mr. Fousse, and HR Manager Ms. Hetzel. 3. Invocation=Pastor Mitton gave the Invocation. 4. Pledge of Allegiance -All in attendance recited the Pledge of Allegiance. Before proceeding with the meeting Mayor Boyle confer to Councilman Bone a personal privilege to make a statement. Councilman Bone sincerely apologize for his actions that occurred on August 8th, 2021. He understands that as a councilmember the community places an enormous amount of trust-and faith in our City Leaders.. As a father, and a leader in this community, he understands how sacred trust is and how easily it can be lost. Councilman Bone stated the not only did he fail himself, but he failed his family and his community with his lack of good judgement. Looking ahead, he promised that he would work every day to restore the trust he lost, repair any harm he had caused, and continue to help the people of this wonderful community. 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 pcimics(i�cibolotx.gov or telephone 210-514-3495.before 5:00 pm the date of the meeting. The following individuals spoke during Citizens to be Heard: Councilman.Gibbs read an email from Ms. Cunningham. Ms. Cunningham states she-is not a lawyer but states you must usecommon-sense when making determinations about approval or denials for developments within our subdivision jurisdiction. She did think we need to write laws into our UDC- that already exist to provide for public safety. Ms. Cunningham stated that this is not a conversation about pump and haul it'is a conversion about if in fact there is in existence a verifiable sewer solution for this development.-She stated we all needed to know that this development has a sewer solution that has to be verified.— it is required in our UDC, the Texas Local Government Code and the Texas Administrative Code. Ms. Cimics read an email sent in by Ms. Spencer. Ms. Spencer wanted to welcome the new City Manager Mr. Reed and hopes that he will care about all the citizens who reside in Cibolo. She was also concerned about her email sent in for the last Council Meeting that appeared to be censored. She wanted to know what has happened to freedom of speech. Ms. Spencer was disappointed with the mayor's reaction to the plan for the Senior Center in Cibolo. She thought the plan was outstanding and would provide needed services to the citizen of Cibolo. She also talked about the city being in the news again due to the behavior of a council member. Ms. Spencer stated.that Cibolo deserves council members who have integrity, abide by the law, and present themselves in a positive light to others. She also hopes that Mr. Ratcliffe will be able to sell his property which he has not been able to do for many years. The following individuals_ signed up to speak at Citizens to be Heard: Mr.B. Hicks talked about item 11C on the agenda.. He ask for the councils support on this item. Mr. Meyers stated thathe he has known Councilman Bone for over 30 years. He stated that he was here to vouch for Councilman Bone's character and to give his support to a wonderful father and community leader. Ms. Titterington from the Chamber thanked the'mayor for the Summer Night's program and also for the support on the ribbon cutting for the Noble Group. Ms. Latimer talked about her church celebrating five years-and that they supported the Senior Program that the city is bringing to Cibolo. 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 to.City Council by Ms. Gonzalez the Assistant Planning Director. This public hearing is a continuance from the Council Meeting held on July 27th. Mayor Boyle ask if anyone wanted to speak on the public hearing. The following individuals spoke: Mr. West spoke in opposition of this.Conditional Use Permit. He stated that this school would take students from SCUCISD and that it would also cause traffic problems on Cibolo Valley Drive. Ms. Walker stated that she is a educator and has seen many children that have gone to charter schools and then return to public school that are behind in their studies. She definitely sees a gap in education. Mr. Simpson did state that;members of the:charter school met;with some of the homeowners in the area. He stated he did like the design of the building. He was still concern with.construction of the road being done at the same time_that the building would occur. He would also like the TIA made available to the public. Mayor Boyle closed the public hearing at 7:28 p.m. .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 (C1)to Multi-Family Residential (MF1). 2 I This item was briefed by Ms. Gonzalez. This public hearing was continued from July 27th. Mayor .Boyle ask if anyone_would like to speak. No.one spoke on this.item and Mayor Boyle closed the . public hearing at 7:31 p.m.. 7. Executive Session The City Council will meet in Executive Session as authorized by the Texas Gov't Code Section 551.071, Consultation with Attorney to discuss the following: A. Consultation with attorney regarding possible claim/lawsuit regarding final Plat of Legendary Trails Subdivision. Reconvene into regular session. Mayor and City Council convened into Executive Session at 7:32 p.m. to consult with the City Attorney regarding possible claim/lawsuit regarding final Plat of Legendary Trails Subdivision. Mayor and council reconvened into regular session at 8:27 p.m. 8. Discussion/Action A. Discussion/Action to reconsider the denial of the Final Plat of Legendary Trails Subdivision Unit 1, within the City's Extra-Territorial Jurisdiction. Councilman Quinn made the motion to approve the Final Plat of Legendary Trails Subdivision Unit 1, within the City's Extra-Territorial Jurisdiction. Motion was seconded by.Councilman Woliver. For: Councilman Quinn, Councilman Gibbs, and Councilman Woliver; Against: Councilman Bone, Councilman Allen, and Councilman Hicks. Do to a tie vote Mayor Boyle was able to vote and he voted to deny the final plat. Motion was denied with a vote of 3 to.approve and 4 to deny. 9. 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 27, 2021 B. Approval of the minutes of the Budget-Workshop held on July 20, 2021. C. Approval of the.June 2021 Check Register pending final acceptance of the City's financial audit for the 2020/2021 fiscal year. D. Approval of the June 2021 Revenue and Expense Report pending final acceptance of the City's financial audit for the 2020/2021 fiscal year. E. Approval of the Quarterly Investment Report ending June 30, 2021 pending final acceptance of the City's financial audit for.the 2020/2021 fiscal year. Councilman Woliver made the motion to approve the consent agenda with the exception of item 9C. Motion was seconded by Councilman Hicks. For: All; Against:None. Motion carried 6 to 0. 10. Staff Update A. Planning and Engineering.Report (July Report) 3 B. IT Department(July Report) C. Fire Department (July Report) D. City Administration— City Manager Mr. Reed gave an update to council on employee positions that he would be filling in the next couple months. He also briefed COID-19 and safety protocols that the city would like to put in place. Mr. Reed also gave a brief update on the city hall and Bolton Rd and Santa Clara Road Projects. 11. Discussion/Action A. Presentation and Direction to Staff on the Impact Fee Update and Collection Rate Consideration by Freese and Nichols. Council received a briefing from Freese and Nickols on the Impact Fee Program. update ad collection rate considerations involving the road, water, wastewater, and drainage. This item will have a public hearing on August 24, 2021. B. Presentation/Discussion by CCMA (Clint Ellis) on their proposed rate increase for Wastewater Rates for Cibolo for FY 2022 thru FY 2024. Mr. Ellis from CCMA.gave a brief presentation on the proposed rate increase for Wastewater Rates for FY 2022 thru FY 2024. C. Discussion/Action and authorization for the City Manager to execute an agreement for a parkland land swap with the Deer Creek Homeowners Association for approximately .208 acres (9,060 sf) of public property out of the Deer Creek Parkland and adjacent to the Dietz .Creek drainage channel within the FEMA 100-year flood plain. Councilman Quinn made the motion to authorization for the City Manager to execute an agreement for a parkland land swap with the Deer Creek Homeowners Association for approximately .208 acres (9,060 sf) of-public property out of the Deer.Creek Parkland and adjacent to the Dietz Creek drainage channel within the FEMA 100-year flood plain pending the city receiving a title. Motion was seconded by Councilman hicks. For: All; Against: None. Motion carried 6 to 0. D. Discussion/Action and authorization for the City Manager to execute a purchase order for the acquisition of two dump trucks, within the Texas VEMP Grant Program, in the amount of TWO HUNDRED and TWO THOUSAND DOLLARS and ZERO CENTS ($202,000) with San Tex Truck Center, LTD., San Antonio, Texas. Councilman Quinn made the motion to approve authorizing the City Manager to execute a purchase order for the acquisition of two dump trucks, within the Texas VEMP Grant Program, in the amount of TWO HUNDRED and TWO THOUSAND DOLLARS and ZERO CENTS ($202,000) with San Tex Truck Center, LTD., San Antonio, Texas. Motion was seconded by Councilman Woliver. For: All; Against:None. Motion cafried 6 to 0. E. Discussion,and direction to staff on anordinance to prohibit Thru Truck Traffic on the following (but not limited to) Cibolo streets: Brook View, Still Brook Ln, Brook.Shadow,_Southern Way, Town Creek Rd, Green Valley Road (between Cibolo Valley Drive& Southern Way). 4 Council discussed this item and the problem with construction traffic. City will have a traffic study done to see if the streets meet the requirement for a sign. If needed staff will come back at a later date with an ordinance. F. Discussion on City Hall Facility. Councilman Hicks stated that we continue to have problems with the air conditioning units at city hall. We spent cares money on this facility by putting more residential units and just placing another band aide on a continued problem. City Manager stated he was aware of the problem and needed additional time to look at what the city can do to fix the problem. G. Presentation/Discussion and direction to staff regarding the City Manager's proposed FY 2022 Budget. Mr. Reed discussed the budget with the city council. City Council ask several questions concerning the budget and Mr. Reed ask if he could have a sub-committee of council to meet with him and work out some of the budget issues before it is brought back to council. The following councilmembers volunteered to be on this committee: Councilman Bone, Councilman Hicks, H. Discussion/Action to set the date for the public hearing on the proposed 2021 (FY2022) property tax rate. Councilman Hicks made the motion to set the date for the public hearing on the proposed 2021 (FY2022).property tax rate on September 14, 2021. Motion was seconded by Councilman Gibbs. For: All; Against: Noe. Motion carried 6 to 0. I. Discussion/Action to set the maximum tax rate and adopt the proposed 2021 (FY2022) property tax rate on a future agenda. Councilman Quinn made the, motion to set the maximum tax rate on the proposed FY 21/22 property tax rate at .4925. Motion was seconded by Councilman Gibbs. A roll call vote was taken: Councilman Quinn — For, Councilman Bone — For, Councilman Gibbs For, Councilman Allen — Against, Councilman Woliver—For and Councilman Hicks- For. Motion carried 5 to .1. J. Discussion from Councilmembers that have attended seminars, events; 'or meetings for the City of Cibolo. Councilman Gibbs stated that he had attended the CRWA meeting. K. Discussion on items Council would like to see on future agendas. Councilman Woliver would like an update on Cibolo Valley Drive and all-other road projects the city is working on.,..Councilman Hicks would like to have a joint meeting scheduled for City Council and the Planning & Zoning Commission. L. 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 calendar for August and September 2021. 5 12. Ordinances A. Approval/Disapproval of an ordinance of the City of Cibolo amending Chapter 78, Article IV Drought Contingency Plan by removing the responsibility of the City to send to each Cibolo water customer an annual mailing every January. Motion was made by Councilman Hicks to approve an ordinance of the City of,Cibolo amending Chapter 7$, Article IV Drought Contingency Plan by removing the responsibility of the city to send to each Cibolo water customer an annual mailing every January. Motion was seconded by-Councilman Woliver. For: For; Against: None. Motion carried 6 to 0. B. Approval/Disapproval of an ordinance of the City of Cibolo calling a Special Election to be held on November 2; 2021 in the City of Cibolo to submit propositions on amendments to the City of Cibolo Home Rule Charter. Motion was made by Councilman Hicks to approve an ordinance of the City of Cibolo calling a Special Election to be held on November 2, 2021 in the City of Cibolo to submit propositions on amendments to the City of Cibolo Home Rule Charter. Motion was seconded by Councilman .Gibbs. For: All; Against: None. Motion carried 6 to 0. 13 . Adj ournment Councilman Woliver made the motion to adjourn the meeting at 10:51 p.m. Motion was seconded by Councilman Gibbs. For: All; Against:None. Motion carried 6 to 0. PASSED AND APPROVED THIS 24TH DAY OF AUGUST 2021. Stosh Bo Mayor ATTEST Peggy Cimics, TRMC City Secretary 6