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Min CC 12/14/2021 p C r Q r�xa"5 "Cityotchoicr CIBOLO CITY COUNCIL CIBOLO MUNICIPAL BUILDING 200 S. Main Cibolo, Texas 78108 December 14, 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, Councilwoman Cunningham, Councilman Allen, Councilman Hetzel, and Councilman Hicks. 3. Invocation-Invocation was given by Councilman Allen. 4. Pledge of Allegiance—All in attendance recited the Pledge of Allegiance. 5. Public Hearing A. The. City of Cibolo City Council will conduct a public hearing to hear public testimony regarding the rezoning of 41.15 acres located parallel to Dean Road, north of Saratoga and east of Willow Bridge, currently zoned Low Density Single-Family Residential District (SF-2) to Medium Density Single- Family Residential District(SF-4). Mayor open the public hearing. at 6:34 p.m. Ms. Gonzalez briefed the council on this item. The following individuals spoke during the public hearing: Sara Goslin opposed the rezoning. She stated that her home backs up to a green belt and would like to have it stay that way. Green Valley Road, and Wiederstein Roads are dangerous and with more homes would just add additional traffic on an already a narrow road. She is concerned about the safety, health and general welfare of the people already living in this area. Elizabeth Gregory also opposed the rezoning and would like the zoning to stay SF- 2. Steve Taylor spoke.in opposition to the rezoning. With an additional 160 homes and a possible school flooding will become even more of an issue than it presently is. Marcus Mattingly also spoke in opposition due to flooding and road issues. Robbie Berg opposed the rezoning and showed pictures of previous flooding issues. With more homes flooding will get worse than before. Roads cannot hold the extra traffic that more homes bring. Mayor Boyle closed the public hearing at 6:49 p.m. B. The City of Cibolo City Council will conduct a public hearing to hear public testimony regarding the rezoning of approximately 4.682 acres, located at FM 1103 and Knights Crossing (Steele Creek Subdivision) from the current zoning of Community Retail/Service (C-2) to General Retail/Office District(C-3) with a Conditional Use Permit(CUP)to allow for Convenience Storage. Mayor Boyle opened the public hearing at 6:52 p.m. Ms. Gonzalez briefed council on this item. Representative from Doucet & Associates representing the applicant spoke on this item. They stated that this Convenience Storage would bring low traffic impact to the area. Individuals would not be coming to this facility all day and night. Mayor Boyle closed the public hearing at 7:03 p.m. 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 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 pcimicsAxibolotx.gov or telephone 210-514-3495 before 5:00 pm the date of the meeting. The following individuals signed up to speak at "Citizens to be Heard" — Maggie Titterington-from the Chamber spoke on the ribbon cutting at Living Spaces and Jo Flowers. Schertz is providing flu shots on Jan 29th if anyone was interested in getting a shot. Maggie stated that she was working on legislative issues and updates if anyone hadanything they would like to address.just to let her know. Kara Latimer spoke on concerns over animal policy and procedures. She was concerned about some of the language in policies not being specific enough when talking about partners and transfers to a rescue or humane organization. Adam Savoie talked about having charging stations in the parking lots for electric cars. He also would like relief from the noise in the downtown area. He feels that something has to be done to.change the noise ordinance. Chloe Tobler with a group of young people from her church. talked about giving items to Afghanistan families coming into to this area. These families are coming into the United States with very little. They are collecting furniture and other merchandise to get these families a new start in a new country. Jennifer Fairley spoke on changes at the animal shelter. She stated that Cibolo was once known as a no kill. shelter but with new leadership that has changed. One of the, employees of the shelter was terminated when new leadership took over and she felt that this person was wed an apologize. 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 October 26, 2021. B. Approval of the minutes of the regular City Council Meeting held on November 15, 2021. C. Approval of the October 2021 Check Register pending final acceptance of the City's financial audit for the 2021/2022 fiscal year. D. Approval of the October 2021 Revenue and Expense Report 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 Hicks. For: All; Against: None. Motion carried 7 to 0. 2 8. Staff Update A. Public Works Department—November-Report B. Fire Department—November Report C. Police Department—November Report -D. Planning &Engineering Department—November Report E. Administration a. Personnel Updates-Mr. Reed gave an update on the IT Director position. He stated that he had hired Tracy Beckman who will be starting on January 10, 2022. Interviews for the EDC Director will be'in January. The Capital Project Manager will be re-advertised in January. b. Creating an Organization of Excellence—Mr. Reed gave a presentation on what is an Organization of Excellence. He went over Strategic Planning—creating a vision, SWOT analysis, clarity around Council-Manager roles and what makes an effective leader 9. Discussion/Action A. Discussion/Action on the election of a Mayor Pro-Tem for the calendar year 2022. Councilman Quinn made the motion to appoint Councilman Hicks as Mayor Pro-Tem for the calendar. year 2022. Motion was .seconded by Councilman. Allen. Mayor Boyle took a roll. call vote. Councilman Benson — Yes, Councilman Quinn — Yes, Councilman Bone —.Yes, Councilwoman Cunningham Yes, Councilman Allen—Yes, Councilman Hetzel—Yes, and Councilman Hicks—Yes. Motion carried 7 to 0. B. Discussion/Action on the removal, appointments, and re-appointments to Planning and Zoning Commission,Board:of Adjustments, Capital Improvement Program (CIP) Committee,.Charter Review Committee, Master Plan Committee, Youth Council,:.Cibolo Economic-Development Corporation_ Board, Animal Advisory Board, and all other Committees, Commissions and Boards. Melvin Hicks was interviewed as the Parks Commissions representative to the Master Plan Committee. Councilman Quinn made the motion to appoint Melvin Hicks to the Master Plan as the Parks representative. Motion was seconded by Councilwoman Cunningham. For: Councilman Benson, Councilman Quinn, .Councilman Bone; Councilwoman : Cunningham, Councilman Allen, and Councilman Hetzel; Against: None; Abstain: Councilman Hicks. Motion carried 6 to 0 to 1. John Frias was interviewed as the Planning and Zoning representative to the Master Plan Committee. Councilman Quinn made the motion to appoint John Frias to the Master Plan Committee as the P&Z representative. Motion was seconded by Councilman Allen. For: Councilman Quinn, Councilman Bone, Councilman Allen, Councilman Hetzel, and Councilman Hicks; Against: Councilman Benson and Councilwoman Cunningham. Motion carried 5 to 2. Marcus Mattingly was interviewed as-the Economic Development representative to the Master Plan Committee. Councilman Allen made the motion to appoint Marcus Mattingly to the Master Plan Committee as the representative from the EDC. Motion was seconded by Councilman Quinn. For: All; Against: None. Motion carried 7 to 0. Kara Latimer was interviewed for a re-appointment to the Planning & Zoning Commission as District 7 representative. Councilman Hicks made the motion to re-appoint Kara Latimer to the P&Z as District 7 representative. Motion was seconded by Councilman Quinn. For: All; Against: Norte. Motion carried 7 to 0. 3 The following individuals were also interviewed for the Master Plan Committee: Donnetta Roberts, Carole Herr, and Kara Latimer. All other members to the Master Plan will be appointed in February. C. Discussion/Action on the appointment of Ted Gibbs to the CVLGC Board and the appointment of a City Council Member to the CVLGC as an ex-officio member and a.Council Member to the Animal Advisory Board. .Councilwoman Cunningham made the motion to appoint Ted Gibbs to the CVLGC Board. Motion was seconded by Councilman Hicks. For: All; Against:None. Motion carried 7 to 0. Councilman Hicks made the motion to appoint Councilman Hetzel to the CVLGC as an ex-officio member. Motion was seconded by Councilman Quinn. For: All; Against:None. Motion carried 7 to 0. Councilman Quinn made the motion to appoint Councilwoman-Cunningham to the Animal Advisor Board. Motion was seconded by Councilman Bone. For: All; Against: None. Motion carried 7 to 0. D. Presentation/Discussion and direction to staff on strengthening the City of Cibolo's Unified Development Code (UDC) to better manage the impacts from growth.- This rowth:This item was briefed by Mr. Klein the Planning and Engineering.Director. He went over, the background of this item, process, growth management, adequate public facilities, other cities strategies and he ask for the council feedback and direction. Council wanted to know what authority.council presently has and why is it not.in the UDC. Council wanted to know what other cities are doing to address growth in the ETJ. Some councilmembers felt we have talked about.this issue for a long time and we just need to act instead of continuing to just talk. Council-did agree that water, wastewater, and stormwater is the biggest threat the city has right now. E. Presentation/Discussion and direction to staff on a building moratorium for residential development. This item was briefed to the City- Council by City Attorney Ms. Solis. -Council was briefed on new residential vs. commercial development from 2014 to 2021. The purpose of a residential development moratorium is a tool provided by state law to. allow cities to pause new development that may be detrimental to its community while the City further assesses its infrastructure and service needs. Impacts of growth to be considered are density, transportation, provision of water and wastewater, city services—police and fire. A moratorium also provides time for staff to study and evaluate the impact of .-further development. Ms. Solis went over the statutory process to implement a moratorium. Written findings are required =justification for a moratorium. The City must provide evidence demonstrating that a working plan has been approved and a time schedule for achieving the objectives of the -moratorium. The City must also have a waiver procedure to allow applicants to apply for a waiver of the moratorium. Council gave direction to,move forward with this process. 10. Executive Session The City Council will meet in Executive Session as authorized by the Texas Gov't Code Section 551.074 Personnel Matters and Section 551.071, Consultation with Attorney to discuss the following: A. Update on status of Animal Care Services review and personnel appeal. City Council convened into executive session at 9:45 p.m. 4 11. Oben 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 10:19 p.m. No action was taken. 12. Discussion/Action A. Presentation/discussion to inform the City Council of the roles, responsibilities, and processes of Code Enforcement and the Cibolo Code Enforcement Officer. Mr. Roberson the City of Cibolo's Code Enforcement Officer provided a presentation on the duties and responsibilities of his'office and discuss the processes of Code Enforcement in the City. B. Discussion/Action on authorizing the City Manager to execute Task Order 21=01 with Lockwood, Andrews &Newnam, Inc. (LAN) to provide Professional Engineering and Surveying Services through Design&,Construction Phases for the Tolle Road &Drainage Improvements Project. Councilman Hicks made the motion to authorize the City Manager to.execute Task Order 21-01 with Lockwood, Andrews & Newnam, Inc. (LAN) to provide Professional Engineering and.Surveying Services through Design& Construction Phases for the.Tolle Road&Drainage Improvements Project. Motion was seconded by Councilman Allen. For: All; Against:None. Motion carried 7 to 0. C. Discussion/Action and authorization for the City Manager to complete the purchase order for One (1) - Ford F550 Sketter Rescue ATP (All Terrain Package) from Siddons-Martin Emergency Group, LLC. In the amount of One-Hundred Seventy-Nine Thousand, two hundred forty-three dollars and zero cents ($179,243.00). Councilman Allen made,the motion to authorize the City Manager to complete the purchase order.for One (1) Ford F550 Sketter Rescue ATP (All Terrain Package) from Siddons-Martin Emergency Group, LLC..In the amount of One-Hundred Seventy-Nine Thousand, two hundred forty-three dollars and zero cents_($179,243.00). Motion was seconded by Councilman Quinn. For: All; Against: None. Motion carried 7 to 0. D. Presentation/Discussion/Action and direction to staff on an Economic Development -Agreement between the City of Cibolo, Texas, and the Cibolo Economic Development Corporation. Councilman Quinn made the motion to approve the Economic Development Agreement between the City. of Cibolo, Texas, and the Cibolo Economic Development Corporation with a definition change. Motion was seconded by Councilman Bone. For: All; Against: None. Motion carried 7 to 0. E. Discussion and direction to staff on any recommended changes to current ordinance, to arrange a stakeholder meeting with property owners within the city who may be affected by ordinance changes and/or implement special permits for music venues and other businesses that produce elevated sound levels within the city. Chief Hugghins gave a presentation on the present noise ordinance that was passed by City Council in 22016 which set.specific decibel readings. The presentation went over the hours of day, zones, noise 5 levels across daytime and nighttime,point of measurement, devices usedto take readings and if council would like to see any changes to the current ordinance. Council agreed that a change needs to be made to the current ordinance. They would like to have a stakeholder engagement (businesses and residents) that would be affected by a change in the ordinance. Chief Hugghins also talked to council about a Special Permit that could be considered or implemented for music venues and other businesses that produce_elevated sound levels within the city. Council stated this would be something that could be discussed at the stakeholder meeting.. F. Discussion and update by city staff on the status of the Town Creek:Drainage Project, Phases 1 and 2. Staff will also provide an update on utilities relocation efforts being completed by the city and other utility:providers (GVSUD, GVEC, AT&T, Spectrum Communications)as well as an update on rights- of-way and easement acquisitions. Mr. Fousse gave an update to council on the Town Creek Drainage to include the utility relocation efforts and easement acquisitions. Mr. Fousse stated there were 26 property owners on-rights-of-way and easement acquisitions with 24 under contract. There was concern with some councilmembers on the length of time it taken to complete this project. G. Discussion/Action to authorize the City Manager to complete emergency repairs on Arizpe Road in the amount of One Hundred Thirty-Seven Thousand, Eighty-Nine Dollars and Thirty,-Five. Cents ($137;089.35) with D&D Contractors, and to fund.this project using One Hundred Ten Thousand Dollars ($110,000) of ARPA funds for the drainage portion of this project and Twenty-Seven Thousand, One Hundred Dollars ($27,100) of Street Maintenance funds for the pavement repair portion: . of this-prc j ect. Councilman Hicks made the motion to authorize the City. Manager to complete emergency repairs on Arizpe Road in the amount of One Hundred Thirty-Seven Thousand, Eighty-Nine Dollars and Thirty- Five Cents ($137,089,35) with D&D Contractors, and to fund this project using One Hundred Ten Thousand Dollars ($1:10,000) of ARPA funds for the drainage portion of this project and.Twenty-Seven Thousand, One Hundred Dollars ($27,100) of Street Maintenance funds for the pavement repair portion of this project. Motion was seconded by Councilwoman Cunningham. ' For: All; Against: None. Motion carried 7 to 0. H. Discussion and direction to staff regarding the City's proposed sick leave pool policy. This item was briefed by Finance Director Mr. Reyes. Council wanted staff to explore looking at both short- and long-term insurance. Council also wanted to make sure the maternity leave was not part of: the sick leave policy. .Council would like more information on the. short- and long-term insurance before bringing it back as a change to the personnel policy. I. Discussion and direction to staff regarding the City's FY2022 Market Study. A Cibolo Market Study presentation was given by Mr. Reyes the Director of Finance. Mr. Reyes went. over the background on this study. During the FY 2021-2022 budget process, the need for a market study was identified. This study is used to analyze current pay practices and determine if they are competitive for Cibolo. The pay study would also help to retain and attract talent and create a culture of transparency. Three vendors have been identified to conduct the compensation study. Both exempt and non-exempt positions will be studied. Benefits and additional pay for certifications will also be studied. Public Safety positions are not included in this study. The -study is anticipated to take four months to complete. Results will be presented to City Council and recommendations will be presented during the FY 2022-2023 budget process. 6 J. Discussion and direction to staff regarding.the City's fire and police leave time. The state legislation mandated that cities with a population of more than 30;000 are required-to provide fire and police departments with 15 days. During this presentation council was given different options to be in compliance.with the.new mandate by the state. Council did ask both the Fire and Police Chief what option would work bet for Cibolo. Both chiefs recommended to council to modify police and fire vacation at 1 year to-3 weeks. only (mandatory compliance). No step at 5 years. Council agreed to the option that both chiefs were in favor of. K. Discussion/Action to authorize the City Manager to issue payment for flood remediation to Crown Restoration in the amount of$50;433.41. Councilman Quinn made the motion to authorize the City Manager to issue payment for flood remediation to Crown Restoration in the amount of $50,433.41. Motion was seconded by Councilwoman Cunningham. For: Councilman Benson, Councilman Quinn, Councilman Bone, Councilwoman Cunningham, Councilman Allen, and Councilman Hetzel; Against: Councilman Hicks. Motion carried 6 to 1. L. Discussion/Action by City Council to establish residency and age requirement, pricing, and a start date for the-Senior Program in Cibolo. Council to set a date and time for a grand opening of the Senior Center. Councilwoman.Cunningham made the motion to approve adopting a.senior program open to both Cibolo and non-Cibolo residents, with the minimum participation at 50:years of age and free meals at 60 years of age. Membership is set at $36.00 per year as an individual and $66.00 per.year as a couple with membership fees waived until March 1, 2022. Open House will be on Tuesday, January 25, 2022 from 9an to 2pm. Grand Opening will be on Monday, January 31, 2022 at 9am. Motion was seconded by Councilman Quinn. For: All; Against:None. Motion carried 7 to 0. M. Discussion .from Councilmembers that have attended seminars, events,.or meetings for the City of Cibolo. Councilman Allen stated that several council ,members attended the grand opening of Living Spaces and Jo's Flowers. Councilman Hicks attended AAMPO meeting. N. Discussion on items Council would like to see on future agendas. Councilman Allen would still like to have an update on all the street projects that the council approved during the CIP process. Councilman Benson would like to see the goals for the Animal Shelter. 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. Council went over the calendars for December 2021 and January 2022. 13. Resolution A. Approval/Disapproval of a Resolution of the City of Cibolo amending the Economic Development Corporation's Bylaws. This item was tabled and will be brought back to council in January 2022. 4 B. Approval/Disapproval:of a Resolution of the City of Cibolo relating to the Personnel Policy to include the paid Covid leave for employees not covered by the paid quarantine leave as first responders. Councilman Quinn made the motion to approve a Resolution of the City of_Cibolo relating to the Personnel Policy to- include the paid Covid leave for employees not covered iby the paid quarantine leave as first responders. Motion was seconded by Councilwoman Cunningham. For: All; Against: None. Motion carried 7,to 0. 14. Executive Session .The City Council will meet,in Executive Session as authorized by the Texas Gov't Code Section 551.074, Personnel Matter and Section 551.071, Consultation with Attorney,to discuss the following: A. Discussion and direction to the City Attorney on City Manager's Performance Evaluation Criteria and Process. Council convened into executive session at 12:07 a.m. 15. 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 12:17 a.m. No action taken. 16. Adjournment Councilman Bone made the motion to adjourn the meeting at 12:17 a.m. Motion was seconded by Councilman Hicks. For: All; Against: None. Motion carried 7 to 0. PASSED AND APPROVED THIS 11TH DAY OF JANUARY 2022. Stosh B e Mayor ATTEST: r� 7 � �- Peggy Cimics,TRMC- City Secretary 8