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Min CC 10/26/2021 of C.'6 rQ rtxas. Mtyof CholcC CIBOLO CITY COUNCIL CIBOLO MUNICIPAL BUILDING 200 S. Main Cibolo, Texas 78108 October 26, 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, Councilman Benson, Councilman Quinn, Councilman Bone, Councilman Gibbs, Councilman Allen, and Councilman Hicks; Member Absent: Councilman Woliver: Councilman Gibbs made the motion to excuse the absence of Councilman Woliver. Motion was seconded by Councilman Quinn. For: All; Against: None. Motion carried 6 to 0. 3. Invocation—Invocation was given by Councilman Allen. 4. Pledge of Allegiance -All in attendance recited the Pledge of Allegiance. 5. Proclamations A. Proclamation for National American Indian Heritage Month. Mayor Boyle presented Lenny and Dana Medina a Proclamation for National American Indian Heritage Month.,Lenny and Dana presented the City Council with Indian blankets. 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 isi.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 pcimicsAcibolotx.gov or telephone 210-514-3495 before 5:00 pm the date of the meeting. The following individuals signed up to speak during this item: Mr. Barrows spoke on Steele Project Graduation and Cibolo Tolle Road that needs to be cleaned-up: Mr. Hendrix spoke on GVSUD and the lack of customer service, double billing, and low water pressure. He also spoke on the board rushing.to approve items before the November election and that no minutes are taken at the meetings. Mr. Hendrix stated that,both Mr. Cooper.and he were candidates for the GVSUD Board of Directors. Mr. Rose spoke on the importance of the November GVSUD election. He stated any raise in fees or additional-bonds will be made..up by the GVSUD customers. Mr. Rose stated that the board.attempted to move the November . . elections to May without the proper authority. He stated that Mr. Hendrix and Mr. Cooper are on:the ballot. and hoped that the citizens of Cibolo that are GVSUD customers get out and vote. Councilman Allen read an email sent by Mr. Sherman. Mr. Sherman stated that the GVSUD election is important. There are-three candidates and only two positions to fill. The candidates are Ms. Bennett, Mr. Cooper, and Mr. Hendrix. Early voting has started and everyone needs to get out and vote. Councilman Quinn read an.email sent by Ms. Latimer. She states that laws need to be followed and upheld. -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, Texas to discuss the following: A. Discussion regarding Meritage Homes of Texas LLC v. City of Cibolo et al, Civil Action No. 5:21- cv00755-FB. & Discussion regarding Cibolo Farms development. C. Discussion regarding Spencer v. City of Cibolo, et al. Civil Action No 20-CV-00350. Council convened into executive session at 7:00 p.m. 8. 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 8:00 p.m.No action. 9. 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 Allen. Mayor Boyle:took a roll call vote: Councilman Benson—No, Councilman Quinn— Yes, Councilman Bone — No, Councilman Gibbs — Yes,-Councilman Allen — Yes, and Councilman Hicks —No. With a tie vote . the mayor is allowed to vote and he voted Yes. Motion carries 4 to 3 to approve. B. Discussion/Action on the Lennar Homes request for reconsideration,of'the denial by City Council, for the Preliminary Plat of Cibolo Farms Unit 1, located within the City's Extra-Territorial Jurisdiction. Councilman.Quinn made the motion to deny the Preliminary Plat of.Cibolo Farms Unit 1, located within the City's Extra-Territorial Jurisdiction due to lack of permanent sewer. Motion was seconded by Councilman Hicks. Mayor Boyle took a roll call vote: Councilman Benson — Yes, Councilman Quinn Yes, Councilman Bone = Yes;. Councilman Gibbs. = Yes, Councilinan Allen — Yes, and Councilman Hicks-Yes. Motion carried 6 to 0 to.deny. 10. Consent Agenda—Consent Items-(General Items) (All items listed below are considered to be routine and non-controversial by the council land 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.) 2 A.. Approval of the minutes of the Regular City Council Meeting held on October 12, 2021. B. Approval of the August 2021 Check Register pending final acceptance of the City's financial audit for the 2620/2021 fiscal year. C. Approval of the.August 2021 Revenue and Expense Report pending final acceptance of the City's financial audit for the 2020/2021 fiscal year. D. Approval of the Preliminary Plat of Cibolo Grand. E. Approval of the Final Plat of Foxbrook Subdivision Unit 5. F. Approval of the Final Plat of Bella Rosa Subdivision Unit 2. G. Approval of the Final Plat of Buffalo Crossing II Unit 3A. H. Approval of the Final Plat of Buffalo Crossing II Unit 4. Councilman Hicks made the motion to approve the consent agenda with item l OE being removed from the agenda. Motion was seconded by Councilman Quinn. For: All; Against: None. Motion carried 6 to 0. 11. Staff Update A. Public Works Department—September Report B. Administration a. Update on the IT and ED Director position b. Shred Day Mr. Reed gave an update on both the IT and ED Director position. The ED Director position was re- advertised and over 70 applications were received for the IT position. Mr. Reed will be reviewing and setting up interviews. . 12. Discussion/Action A. Discussion/Action regarding a request for a Comprehensive Sign Program for HEB Grocery, Fuel and Carwash, located at the intersection of FM 1103 and Main Street. This item was briefed by members representing HEB. The council had the opportunity to ask questions about each of the two sign packets. Mayor ask if the Cibolo emblem could be added to the sign and if LED lights could be added. Councilman Quinn made the motion to approve sign packet 2 but have the gas sign from packet 1. Also, the smaller sign in packet 2 would be the,sign placed.on Main Street. Motion was seconded by Councilman Allen. For: Council Members: Benson, Quinn, Allen, and Hicks; Against: Council Members: Bone and Gibbs. Motion carried 4 to 2. B. Discussion/Action to.authorize the City Manager to approve Change Oder #3 in the total amount of $30,071.01 as requested by D&D Contractors, for the construction of Bolton Road & Santa Clara Road Street&Drainage Improvements for the AWTX New Plant Project. Councilman Quinn made the motion to authorize the City Manager to approve Change Oder #3 in the. total amount of$30,071.01 as requested by D&D Contractors, for the construction of Bolton Road &c 3 Santa Clara Road Street & Drainage Improvements for the AWTX New Plant Project. Motion was seconded by Councilman Hicks. For: All; Against: None. Motion.carried 6 to 0. C. Discussion/Action regarding the Preliminary Acceptance of Public Infrastructure for Venado Crossing Unit 3. Councilman Hicks made the motion to accept the Preliminary Acceptance.of Public Infrastructure for Venado Crossing Unit 3 with the following public improvements: Water: 8" main at 2,348 Linear Feet = total valuation $199,956.00; Sanitary Sewer: 8" main at 2,183 Linear Feet = total valuation $215,284.80; Drainage: $288,200.80; Public Street: 5,482 LF =total valuation $517,164.92. Total valuation of accepted public improvements dedicated to the City of Cibolo: $1,020,651.00; Total valuation of public improvements for GVSUD (Water): .$199,956.00. Motion was seconded by Councilman Quinn. For: All; Against: None. Motion carried 6 to 0. D. Presentation/Discussion of the 2020 Census Population Count for the City of Cibolo. Ms. Gonzalez briefed the council on.the 2020 Census Population count for the City of Cibolo. The census as of April 1, 2020 for Cibolo is 32,276. Ms. Gonzalez showed how Cibolo compared to surrounding Cities. Also briefed was population growth and projection up to 2035. E. Presentation of the 2021 Scenic City Award for the City of Cibolo. Ms. Gonzalez informed the City Council that the City of Cibolo received the Gold Scenic City Award for 2021. F. Presentation/Discussion and direction to staff regarding City Council's Legislative Strategies and Priorities. City .Manager Mr. Reed gave a power point presentation on Cibolo Legislative Strategies, State Legislative Initiatives and Cibolo Legislative Priorities. Council agreed with the priorities that Mr. Reed briefed and added flooding also as a Cibolo priority along with water and forward thinking. G. Discussion and direction to staff regarding the City's Covid Leave Policy. Mr. Reyes the Finance Director briefed the City Council on proposed changes to the leave policy related to Covid practices. Mr. Reyes presented a comparison of what other cities in the surrounding area is.doing pertaining to covid leave policy. The proposes that council received were: no changes to the existing policy employees use available balances, employees allowed to go negative on sick leave balance, sick leave to all who are quarantined and additional benefits for fully vaccinated. Council made no changes at this time. H. Discussion/Action on waiver of fees for the Multi-Event Center and use of equipment in November for the Texas largest Native. American Pow-Wow. This destination/educational event will bring Native Americans from several states to the City of Cibolo. Motion was made by Councilman Quinn to allow the use of the Multi-Event Center with lights and waiver the fees, allow the use of the Cibolo large tent, use of benches.and tables used for Cibolofest, stage used-for Tree Lighting and City Employees to help with setup with no overtime authorized for the Texas Native American Pow=Wow on November 19-21. Motion was seconded by Councilman Gibbs. For: All; Against:None. Motion carried 6 to 0. 4 I. Discussion from Councilmembers that have attended seminars, events, or meetings for the City of Cibolo. Councilman Hicks stated that he had attended a MPO meeting. J. Discussion on items Council would like to see on future agendas. Councilman Allen wanted to the road update at the December meeting. Councilman Hicks would like a discussion on a solution to developing in the ETJ. K. 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. As presented in packet. 13. Ordinances A. Approval/Disapproval of an Ordinance of the City of Cibolo 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 Cent(MURE) to Low Density Residential District (SF-2). Councilman Quinn made the motion to disapprove the Ordinance of the City of Cibolo 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 Cent (MURE) to Low Density Residential District (SF-2). Motion was seconded by Councilman Gibbs. Mayor Boyle took a roll call vote: Councilman Benson — Yes, Councilman Quinn - Yes, Councilman-Bone — Yes, Councilman Gibbs—Yes, Councilman Allen—Yes, and Councilman Hicks—No. Motion carried 5 to 1. 14. Resolution A. Approval/Disapproval of a Resolution of the City of Cibolo relating to the regulation of paid quarantine leave for fire fighters and police officers. Councilman Quinn made the motion to approve the Resolution of the City of Cibolo relating to the regulation of paid quarantine leave for fire fighters and police officers. Motion was seconded by Councilman.Allen. For: All; Against: None. Motion carried 6 to 0. 15. Adjournment—Councilman Allen made the motion to adjourn the meeting at 10:01 p.m. Motion was seconded by Councilman Quinn. For: All; Against: None. Motion carried 6 to 0. PASSED AND APPROVED THIS 14TH DAY OF DECEMBER 2021. Stosh Boyl Mayor ATTEST- Peggy TTESTPeggy Cimics, TRMC City Secretary 5