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Min CC 09/28/2021 A .b r 1-C X A "City of Choi cc" CIBOLO CITY COUNCIL CIBOLO MUNICIPAL BUILDING 200 S. Main Cibolo, Texas 78108 September 28, 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 — Council Present: Mayor Boyle, Councilman Benson, Councilman Bone, Councilman Gibbs, Councilman Allen, Councilman Woliver and Councilman Hicks; Council Absent: Councilman Quinn. Councilman Allen made the motion to excuse the absence of Councilman Quinn. Motion was seconded by Councilman Gibbs. For: All; Against:None. Motion carried 6 to 0. 3. Invocation—Councilman Allen gave the Invocation. 4. Pledge of Allegiance -All in attendance recited the Pledge of Allegiance. 5. Public Hearing A. The Cibolo-City Council will conduct a public hearing to hear public testimony regarding a variance request to reduce the 15' landscaping buffer where off-street parking abuts a public ROW to 10', for certain real property located at the west corner of W. Borgfeld Road and Bentwood Ranch Drive. Mayor Boyle opened the public hearing at 6:34 p.m. The following citizens spoke: Ms. Martin was concerned about the height of the fence and would like to see a 10 to 12 ft. fence with the owner maintaining that fence. Mr. Willis stated that he would bring this to the owner's attention and see what they could do. Mayor Boyle closed the public hearing at 6:41 p.m. B. The Cibolo City Council will conduct a public hearing to hear public testimony regarding the rezoning of approximately 84 acres, located 1,500' southeast of the intersection of IH-10 W & S. Santa Clara from the current zoning of Mixed-Use Regional Employment Center (MURE) to Low Density Residential District (SF-2). Mayor Boyle open the public hearing at 6:45 p.m. No citizens wish to speak on the item and Mayor Boyle closed the public hearing at 6:46 p.m. 6. Proclamations A. Proclamation for Childhood Cancer Awareness Month. Proclamation for Childhood Cancer Awareness Month was presented to Ms. Rebecca Lee. B. Proclamation for Domestic Violence Awareness Month. Proclamation for Domestic Violence Awareness Month was presented to Hannah Fisher Klug from the Guadalupe.Valley Family Violence Shelter. C. Proclamation for National Night Out. National Night Out Proclamation was given to Cibolo Police Chief Bryan Hugghins. 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_beaddressed 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(a,cibolotx.gov or telephone-210-514-3495 before 5:00 pm the- date of the meeting. The following individuals spoke at citizens to be heard: Ms. Martin spoke on the speed limit on Borgfeld Road near Wiederstein Elementary School. She also mention all the vehicles parking along the road and extending on to Bentwood Ranch. Ms. Herr spoke to council on the contracts for Grange Hall and for Comal.County Foundation on the Cibolo Senior Program. Mr. Spencer sent an.email which was read by, the City Secretary asking a factual response to three questions he had. He stated that council has been giving factual responses to others and he would like the same for his request. 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 September 14, 2021. B. Approval of the minutes of the Special City Council Meeting held on September 20, 2021. C. Approval of the July.2021 Check Register pending final acceptance of the City-'s financial audit for the 2020/2021 fiscal year. D. Approval of the July 2021 Revenue and Expense Report pending final acceptance of the City's financial audit for the 2020/2021 fiscal year. CouncilmanHicks made the motion to approve the consent agenda. Motion was seconded by Councilman Woliver. For: All; Against: None. Motion carried 6 to 0. 2 9. Staff Update A. Public Works—August Report B. Police Department—August Report C. Administration a. Personnel Update b. Fall City-Newsletter c. Employee Fall-Festival d. Future Presentation Mr. Reed stated that he has or will be going out for the Economic Development Director and IT Director position by Friday. The city newsletter will be going.out late October. The city had an employee Fall Festival this past week which was very successful. 10. .Discussion/Action A. Discussion/Action regarding a variance request to reduce the 15' landscaping buffer where off-street parking abuts a public ROW to 10', for certain real property located at the west corner of W. Borgfeld Road and Bentwood Ranch Drive. Councilman Gibbs made the motion to approve a variance request to reduce the 15' .landscaping buffer where off=street parking abuts a public ROW to 10', for certain real property located at the west corner, of W. Borgfeld-Road and Bentwood Ranch Drive. Motion was seconded by Councilman Hicks. For: All; Against:None. Motion carried 6 to 0. B: Discussion/Action regarding an amendment to the Land Study for Cibolo Farms, aka Schulmeier-Seiler Tract, located within the City's Extra-Territorial Jurisdiction. Council Went into executive session on this item at 7:47 p.m. Council reconvened into -open session at. 8:30 p.m. Councilman Gibbs made the motion to approve the Land Study for Cibolo Farms, aka Schulmeier-Seiler Tract with the three conditions of A. Temporary access shall be built to Coy Lane during construction-:of Units 2, 3 and 4. B. Temporary access cannot bei abandoned during construction of said Units 2, 3 and 4.. C. Permanent secondary access shall be made with a connection to Saddle Creek Ranch U nit 9, Coy Lane, with the platting of Cibolo-Farms Unit 4. Conditions A, B, and C are. under International-Fire Code Section D107. Council also made the recommendation for approval with the condition of no pump and haul under TLGC 212.010 (a) (2) and a(4) and UDC 19.8 (B): Motion was seconded by Councilman-Woliver. Mayor Boyle took:a roll call vote: Councilman Benson—Yes, Councilman Bone—No, Councilman Gibbs-Yes, Councilman Allen—No, Councilman Woliver—Yes and Councilman Hicks—Yes. Motion carried to approve 4 to 2 (Bone and Allen). C. Discussion/Action on the Preliminary Plat of Cibolo Farms Unit 1,-located within the City's Extra- Territorial Jurisdiction. (Mr. Klein) Council went into executive session on this item at 8:43 p.m. Council reconvened into open session at 8:49 p.m. Councilman Benson made the motion to deny the Preliminary Plat of.Cibolo Farms Unit 1, located within the City's Extra-Territorial Jurisdiction. For lack of sewer service under.TLGC 212.010 (a) and a (4), UDC 19.8 (B) (2018 & 2021), 2018 UDC 20.3.4 (A) a2 — 2021 UDC 20.3.4 (A)(1)(B), 2018 UDC 20.3.3(9)(C) — 2021 .UDC 20.3.3 (G)(3). Mayor called for a roll call vote: Councilman Benson — Yes, Councilman Bone — Yes, Councilman Gibbs — No, Councilman Allen —- Yes, Councilman Woliver —'No and Councilman Hicks — Yes. Motion carried to deny 4 to 2 (Gibbs & Woliver). 3 D., Discussion/Action on a Chapter 380 Economic Development Agreement between the City of Cibolo and HEB Grocery Company. Councilman Hicks made the motion to approve the Chapter 380 Economic Development Agreement between the City of Cibolo and HEB Grocery Company. Motion was seconded by Gibbs. For: All; Against: None. Councilman Gibbs made the motion to.:reconsider the previous vote. Motion was seconded by Councilman Allen. Councilman Hicks made the, motion to approve the Chapter 380 Economic Development Agreement between the City of Cibolo and HEB Grocery Company with changing the opening date to June 2023. Motion was seconded by Councilman Gibbs. For: All; Against: None. Motion carried 6 to 0. E. Discussion/Action and,authorization for the City Manager to execute a Task Order for Engineering Services related to Phase 2 of the Town Creek Drainage-Haeckerville Road Reconstruction Project with Vickrey and Associates in the amount of Fifty-Eight Thousand, Two Hundred Sixty Dollars and Zero Cents ($58,260.00). Councilman Woliver made the motion to approve the authorization for the City Manager to execute a Task Order for Engineering Services related to Phase 2 of the Town Creek Drainage-Haeckerville Road Reconstruction Project with Vickrey and Associates in the amount of Fifty-Eight Thousand, Two Hundred -Sixty Dollars and Zero Cents ($58,260.00) with staff placing signage out so citizen know what theproject is. Motion was seconded by Councilman Hicks. For: All; Against: None. Motion carried 6 to 0. F. Discussion/Action and authorization for the City Manager to enter into a Facility -Rental and Use Agreement with Cibolo Grange Hall#1541in the amount of$12,000.00'for FY 22. Motion was made by Council Gibbs to authorize the City Manager to enter into a Facility Rental and Use Agreement with Cibolo Grange Hall #1541in the amount of$12,000.00 for FY 22. Motion.was seconded by Councilman Hicks. Mayor Boyle took a roll call vote-. Councilman Benson — Yes, Councilman Bone — Yes, Councilman Gibbs — Yes, Councilman Allen — Yes, Councilman Woliver— Yes and Councilman Hicks—Yes. Motion carried 6 to 0. G. Discussion/Action and authorization for the City Manager-to enter into a Service Contract with Comal County.Senior Citizens Foundation for the City of Cibolo Senior Activities Center in the amount of . $7,500.00 for FY 2022. Motion was made by Councilman Woliver for the City Manager to enter into a Service Contract with Comal County Senior Citizens Foundation for the-City of Cibolo-Senior Activities Center in the amount of$7,500.00 for FY 2022. Motion was seconded by Councilman Gibbs. Mayor Boyle took a roll call vote. Councilman Benson — Yes, Councilman Bone — Yes, .Councilman Gibbs — Yes, Councilman Allen- Yes, Councilman Woliver— Yes and Councilman Hicks — Yes. Motion carried 6 to 0. H. Discussion/Action on a change to the City of Cibolo Personnel Policy Section 1.4.Leave Benefits by adding Section 1.4.12 Police/Fire Quarantine Leave. Councilman Hicks made the motion to approve a change,to the City of Cibolo Personnel Policy Section 1.4 Leave Benefits by adding Section 1.4.12_Police/Fire Quarantine Leave. Motion was seconded by Councilman Gibbs. For: All; Against: None. Motion carried 6 to 0. 4 I. Presentation/Discussion and direction to staff regarding Cibolofest FY2022. City Manager Mr. Reed and City,Secretary Ms. Cimics briefed council on Cibolofest FY2022. Council was given a,worksheet to write ideals they may come up with during the briefing. Staff will take those sheets and come back with council recommendations. J. Discussion from Councilmembers that have attended seminars, events, or meetings for the City.-of Cibolo. Councilman Allen stated that he had attended a Meet the Candidate Night Event. Councilman Hicks stated that both he and the mayor attend a Food Drive a Steele High School. K. Discussion on items Council would like to see on future agendas. No items at this time. 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. Ms. Cimics briefed council on the November agenda requesting that council move the November 9th meeting to November 15th so council can canvass the ballots. This will also possibly give Planning & Zoning an opportunity to get items on-the agenda as we only have one meeting in November and December. Council agreed to move the November meeting to November 15th 11. Ordinances A. Approval/Disapproval of-an ordinance of the City of Cibolo authorizing the issuance of the City's General Obligation Refunding Bonds, Series 2021; levying a continuing direct annual Ad Valorem Tax, within the limitations prescribed by law, for the payment of the bonds; delegating the authority to certain:city staff to execute certain documents relating to the sale-of the bonds; and other matters in connection therewith. Councilman Woliver made the motion to approve the ordinance-of the City. of Cibolo authorizing the - issuance of the-City's General Obligation Refunding Bonds, Series 2021; levying a continuing direct annual Ad Valorem Tax, within the limitations prescribed by law, for the payment of the bonds; delegating the authority to certain city staff to execute certain documents relating to the sale of the bonds;:and other matters.in connection therewith. Motion was seconded by Councilman Hicks. For: All; Against:None. Motion carried 6 to 0. 12. Resolutions A. Approval/Disapproval of a resolution of the City of Cibolo to support the adoption and approval of the Texas Term Sheet in its entirety. Councilman Hicks made the motion to approve the resolution of the City of Cibolo to support the adoption and approval of the Texas Term Sheet in its entirety. Motion was seconded by Councilman Allen. For: All;Against:None. Motion carried 6 to 0. 5 13 : Adjournment Motion-was made by Councilman Woliver to adjourn the meeting at 10:01 p.m. Motion was seconded by Councilman Allen.-For: All; Against: None. Motion carried 6 to 0. P ED AND APPROVED THIS 12TH DAY OF OCTOBER 2021. J icks Mayor Pro-Tem ATTEST: Peggy,Cimics, TRMC City Secretary 6