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Min CC 01/25/2022 p f C'6 A.A o rQ "GtyprChoW CIBOLO CITY COUNCIL CIBOL,O MUNICIPAL BUILDING 200 S. Main . Cibolo, Texas 78108 January 25,2022 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 Quinn, Councilman Bone, Councilwoman Cunningham, Councilman Allen, Councilman Hetzel, and - Councilman-Hicks. 3. Invocation—Invocation was given by Councilman Hicks. 4. Pledge of Allegiance -All in attendance recited the Pledge of Allegiance. 5: .. Recoghitio a. Recognition to the Steele Knights for-"Beyond the Game Award". The:Steele Knights Football Team was given a plaque by Mayor Boyle for recognition and appreciation for the extensive hours of volunteer service and there positive contributions to the community on and off the field. 6. Proclamation a.-- Proclamation to'the San Antonio Stock Show&'Rodeo. Barbara Hall :representing the Ambassadors from. the S.A. Stock Show and Rodeo received the Proclamation from Mayor-Boyle. 7. Public Hearing A. The City of Cibolo City Council will conduct a public hearing to hear public testimony regarding the amendment of Ordinance 1107 to allow a Magor Utility:Facility use within 5.5 acres.of Neighborhood:::. .- Commercial. (C-1) property located within the- Nortex Planned :.Unit Development. (PUD), aka Homestead. Ms. Gonzalez briefed the City Council on this item. Mayor Boyle opened the public hearing at 6:49 p.m. No wish to speak and Mayor Boyle:closed the public hearing at 6:49 p.m. 8. 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 nchnics(a_),cibolotx.gov or telephone 210-566-6111 before 5:00 pm the date of the meeting. The following individuals signed up to speak: Carole Herr spoke on the opening of the Senior Center that will be at the Grange Hall. Stephanie Whitson introduced herself as the Program-Site Manager for.the Senior Center that will be located at the'Grange Hall. Todd West spoke against the variance for the.Legacy,. Traditional School located on Cibolo Valley Drive. John Brandenberg spoke against the variance for the school. He felt if it was not on the original plans, they submitted so they should not be asking for it now. Maggie Titterington from the Chamber gave an update on upcoming events: Sara Roybal also. spoke against the variance for.the Legacy School. Nick Marquez was not sure what.caused a problem ith the noise ordinance but he had not broken the rules. He did not feel if one business was breaking the rules it should not effect everyone else. He also spoke about trash in the downtown area and business cleanup after themselves. Jamie Mathis also spoke on the noise ordinance and trash: He also talked about more lights in the parking areas in the downtown area. Adam Savor sent an email in and it was read by Councilman Hicks. He stated he had watched the video where Chief Hugghins talked about the decibel's levels. He had a number of changes that he thought would improve the present noise ordinance. Some of the changes included.changing the daytime decibels in residential areas and also in commercial areas. He would like fines rom$100 to $2,000 and fees for special events. 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 January 11, 2022. B. Approval of the November 2021 Check Register pending final acceptance of the City's financial audit for the 2021/2022 fiscal year. C. Approval of the November 2021 Revenue and Expense Report pending'final acceptance of the City's financial audit for the 2021/2022 fiscal year. D. Approval of the Final Subdivision Plat of Mesa Western Unit 2. E. Approval of the Vacating,Replat and Final Plat of Turning Stone Unit C-5. Councilman Hicks made the motion to approve the consent agenda. Motion was seconded by Councilman Quinn. For: All; Against:None. Motion carried 7 to 0. 10. Staff Update A. Fire Department —December Report 2 B. Public Works Department—November/December Report C. Administration a. Update on COVID-19 impact on-organization b. Status.on recruitment of ED Director and CIP Manager. c:Strategic Planning Workshop City Manager briefed that we have a higher-than-normal number of employees out with Covid. We do have some employees working from home. EDC.Director is still considering the offer. CIP Manager trying a direct recruitment and have received two candidates. Would like construction experience and project management. Strategic Planning Workshop scheduled and looking forward to that workshop. 11. Discussion/Action A. Recognition and possible discussion on a charitable contribution:($1,000),from Rough Terrain Center LLC to the Cibolo Animal Services. Chief Hugghins briefed the council on a charitable contribution from Rough Terrain Center to the— Animal Services B. Recognition and presentation of a GVEC Power Up Grant Funding for the purchase of Automated External Defibrillators for the Cibolo Police Department. This item was tabled to a_later date... C. Discussion/Action on:a variance request regarding UDC 17.1 (L),to reduce the 20' landscaping buffer. requirement to 10' between the Legacy Traditional School and the property to the.east(Parcel No. 63769,SF5), for certain real property located at 3200 Cibolo Valley Drive. Councilman:Quinn made the motion to deny a variance request regarding UDC_17.1 (L),to reduce:the 20' landscaping buffer requirement to 10'between the Legacy Traditional School and the property to the east(Parcel No.63769; SF5), for certain real property.located at 3200 Cibolo Valley Drive. Motion was seconded by Councilman Allen. Mayor Boyle took a roll call vote: Councilman Benson—Against Denial,.Councilman Quinn—For Denial, Councilman.Bone=For Denial,,Councilwoman Cunningham —For Denial, Councilman Allen—For Denial; Councilman Hetzel:—For Denial, and Councilman Hicks —Against Denial. Motion carried to Deny the variance 5 to 2. D. Discussion/Action of a financing plan for the issuance of Tax Notes, Series 2022 Bonds. Council gave,direction to staff to move forward with a financing plan:for the issuance of Tax Notes, Series 2022 Bonds. E. Di.scussion/Action on an Economic Development Agreement between the City of Cibolo:and the Cibolo Economic Development-Corporation. Councilman Quinn made the motion to approve the Economic Development Agreement_between the City of Cibolo'and the Cibolo Economic Development Corporation. Motion was seconded:by Councilman Hicks. Before the vote was taken Councilman Bone had step out of the room. For: All; Against: None. Motion carried 6 to 0. . 3 F. Discussion/Action on amending the Cibolo Economic Development Corporation's Bylaws. Councilman Quinn made the motion to approve amending the Cibolo Economic Development Corporation's Bylaws.''Motion was seconded.by Councilman Bone. For: All; Against:None. Motion.. carried 7 to 0. G. Discussion/Action on an Economic Development Agreement between the City of Cibolo and HEB Grocery Company. Councilman Hicks made the motion to approve an Economic.Development Agreement between the; . City of Cibolo and HEB Grocery Company.-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. H. Presentation and update on the Building Moratorium for Residential Development. (Ms. Solis) This item was briefed to City Council by City Attorney, Ms. Solis. Ms. Solis went over what the city needs to-do to justify.a moratorium. Examples of findings and what the next steps are for the city were discussed. Council agreed that the next step was to provide time for staff to solicit for professional. . services to study.and evaluate the impact of new development on essential public facilities and provide written findings. This will be brought back to council at a later date. L Discussion/Action and authorization for the City Manager to execute amendment No. 7 to the Interlocal Agreement between the City of Cibolo and Alamo Area Council of Governments (AACOG)for Demand Response Route. Motion was made by Councilman Hicks to postpone this item until the February 8, 2.022 meeting. Motion was seconded by Councilman Quinn. For: All; Against:None. Motion carried 7.to 0. J. Presentation and:direction'to staff on the Noise Ordinance and a Community Stakeholder Engagement Plan. Chief Hugghins went over with council a stakeholder engagement plan.This included Community Engagement Tools including online survey instrument,neighborhood flyers, etc. Also discussed was to have Community Stakeholder'Meetings with both residents:and business owners. Possibly a change to the current ordinance,public Bearing, and City Council presentation. -During the discussion Council agreed that this issue needed to be addressed. They would like to get all stakeholders together business owners as well as the.residents. Council.also brought up moving the three meters around to get additional readings. Also discussed was construction noise and for staff to reach out to the HOA's;on noise issues in their respected area of the city. K. Discussion on the FY 2020/2021 Budget. Councilman Hicks stated that he had already received the information he needed on this item.Council moved on to the next item. 4 L. Discussion on the hiring of a CIP Manager as provided for in the FY 2021/2022 Budget. Councilman Hicks stated that the City Manager Mr. Reed had already covered this item earlier in the agenda., M. Presentation/Update on adequate public facilities (Water/Wastewaier): This item was briefed by Director of Planning and Engineering Mr. Klein. The following items were discussed-Next Steps Level of Service..(LOS) Standards,Key tools used by fast growing cities, . Developer's:capacity analysis,Regulations are critical,Robust.regulations requirements,:Robust regulation example,-and Treatment Plant based regulation examples. Council agreedthat we need to look at the city's subdivision regulations. Council direct staff and the City Attorney's office to continue : _ to research and develop draft regulations for public facilities to develop APFs regulations. City needs to focus on water and wastewater using the moderate plan as explained hi this briefing.. N. Discussion and direction-to staff on the Public Works Facility Expansion Project. . This item was presented by Mr. Fousse the Director of Public Works. Mr.Fousse went over the original design and the revised design to include the floorplan of each design.,Mayor Boyle stated that he thought-this was not at.the stage that it should have been presented to council. Mayor stated that Mr. Reed,Mr. Fousse, Mr. Garza, and the Mayor all need.to sit down and go over.this project before it is presentedao council again: O. Discussion and direction to staff on development regulations'and.tools to.manage growth and create quality development. Mr: Reed briefly went over the'on-line survey results.and the input from the Planning and Zoning Commission. In fiscal year 2022 their will training conducted with both the Planning,and Zoning Commission as well as Council,on development regulations and tools to manage growth. P. Present ation/Discussion regarding the City of Cibolo's 5 Year CIP Projects and Bonds. Mr. Reed and staff went over the 5 Year CIP Program summary to include: CIP best practices, Historical CIP-management,update on specific roadway proje-cts.including Cibolo.Valley Drive and . . nine other road projects, and FM 11:03 —I35 to Rodeo Way. Council setup:a sub-committee consisting of;Councilman.Allen, Councilman Hicks, and Councilman Benson. Councilman Bone will be an alternate member and will attend if one of the other three are unable to make a meeting. Q.:..Discussion from Councihmmbers that have attended seminars; events, or meetings for the City of Cibolo. Mayor-Boyle stated that he had attended a Rotary Club Meeting that had a presentation on Human Trafficking:: Councilman Benson, Hetzel and Hicks attended a Newly Elected Conference in San Antonio. Councilman Hicks attended a MPO Readiness Meeting. R: Discussion on items Council would like to see on future agendas. Councilwoman Cunningham would like to revisit the railroad on traffic safety, discussion with the school district-:calls/resources and also a briefing on Utility Billing and the process.for red tags and cut-offs.Councilman Allen would like an update from EDC in executive session. CouncihnanHetzel 5 would like to have AACOG come to a council meeting and brief council on programs they have to offer the citizens of Cibolo. S. 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 January and February 2022. 12. Ordinance A. Approval/Disapproval of an Ordinance of the City of Cibolo ordering a Special Election to be held on May 7, 2022 for the purpose of the election of a Councilmember to District 2. Councilman Hicks made the motion to approve the Ordinance of the City of Cibolo ordering a Special Election to be held on May 7, 2022 for the purpose of the election of a Councilmember to District 2. Motion was seconded by Councilwoman Cunningham. For: All; Against:None. Motion carried 7 to 0. 13. Resolution A. Approval/Disapproval of a Resolution of the City of Cibolo awarding the transfer of surplus property to the City of New Berlin. Councilman Hicks stepped out of the room for the next two items. Councilman Quinn made the motion to approve a Resolution of the City of Cibolo awarding the transfer of surplus property to the City of New Berlin at a cost of$4,500 for two vehicles. Motion was seconded by Councilman Bone. Mayor Boyle took a roll call vote: Councilman Benson — Yes, Councilman Quinn — Yes, Councilman Bone — Yes, Councilwoman Cunningham — Yes, Councilman Allen Yes, and Councilman Hetzel—Yes. Motion carried 6 to 0 B. Approval/Disapproval of a Resolution of the City of Cibolo awarding the transfer of surplus property to the City of Marion. Councilman Quinn made the motion to approve a Resolution of the City of Cibolo awarding the transfer of surplus property to the City of Marion at a cost of $4,500 for two vehicles. Motion was seconded by Councilman Bone. Mayor Boyle took a roll call vote: Councilman Benson — Yes, Councilman Quinn — Yes, Councilman Bone - Yes, Councilwoman Cunningham — Yes, Councilman Allen—Yes, and Councilman Hetzel—Yes. Motion carried 6 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. Update on Lawsuits: a. Cibolo Turnpike LP,v. City of Cibolo Cause No. 20-0062-CV-A City of Cibolo b. Meritage Homes of Texas LLC v. City of Cibolo 5:21-CV00755-FB c. Spencer v. City of Cibolo Action No. 20-CV-00350 d. Green Valley Special Utility District v. City of Cibolo Action No. 1:16-cv00627 6 B. Discussion regarding the City Manager's Informal Performance Evaluation.: Council went into executive session.at 11:35 p.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 open session at 12:37.No action taken. 16. Adjournment=Councilman Quinn made the motion to adjourn the meeting at 12:3.7 a.m. Motion was seconded by Councilman Hicks.:For: All;Against:None. Motion carried 7 to 0.- PASSED :PASSED AND APPROVED THIS 8TH DAY OF FEBRUARY 2022. Stosh Boyle Mayor ATTEST::. Peggy Cimics, TRMC City Secretary 7