Min CC 07/26/2022 y o F Cie
r C
1 :
Texi's
"City of Choice"
CIBOLO CITY COUNCIL
CIBOLO MUNICIPAL BUILDING.
200 S. Main
Cibolo; Texas 78108
July 26,.2022
6:30 p.m. to 10:30 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 Osorio, 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. Presentation
A. Presentation to YMCA Fredy Degollado-Tabled.to the next meeting.
6. Public Hearing
A.The City of Cibolo City Council will conduct a public hearing to hear testimony regarding
a rezoning of approximately 3.4 acres (Lot 2.& Lot 3) located.northwest and northeast of
the intersection;of W. Borgfeld Road and.Somerset, Ave currently zoned:Multi-Family . -
Residential (MF1)to:Retail/Office (0).
Mayor.Boyle opened the public hearing at 6:41 p.m. No individuals wish to speak and
Mayor Boyle closed the public hearing at 6:41 p.m. .
B.The City of Cibolo City Council will conduct a public hearing to hear testimony regarding
a variance request to the Sign Ordinance#1188 On-Premises Signs (Single Nonresidential
Building) to increase height and total square footage to the proposed monument signage
and to have the monument sign placed in an easement, located at the southeast corner of
FM 1103 and FM 78, Cibolo, Texas.
The public hearing was opened by Mayor Boyle at 6:45 .p.m. NO one wish to speak on
this item and Mayor Boyle closed the public hearing at 6:45 p.m.
C.The City of Cibolo City Council will conduct a public hearing to hear testimony regarding
amending the Code of Ordinances of the City of Cibolo, Texas, Chapter 46 —:Nuisances,
Article II—Noise to revise regulations relating to certain commercial:uses involving loud
noise; creating a:special music venue permit and application fee and on the amendment to
the City's Unified Development Code (UDC), Article 1, 4, .6 and 13, to' adopt:zoning
standards and subdivision regulations relating to music and'entertainment venues.
Mayor Boyle opened the:public hearing at 7:01 p.m. The following individuals:spoke
during the public hearing about keeping the noise ordinance as currently written,targeting
businesses with nuisance calls,;bass not being address in the ordinance,targeting minority:
and veteran own businesses;keeping the small town feel as the.downtown businesses have
done,.look at the-Revitalization Plan that the city did several.years ago, and if race is an - -
issue than the.city needs to address the issue. The following individuals.spoke on the noise
it causes.to the residents in Old Town.:Ms. J. Hicks, Mr. C. Hicks,:and Mr. Savie. They
spoke on how their families were unable to enjoy their homes due to the loud music,people
have moved away after living in Cibolo for 20-30 years, and the fee for a permit($50).for
a whole year was way too low.
D.The City of Cibolo City Council will conduct,a public,hearing to;hear testimony regarding
two: different Future. Land Use Map Amendments. The first Future Land Use Map
Amendment is an update to the Future:Land Use Map generally located at 553 Tolle Road.
The -Future Land Use Map proposal would replacer approximately 31.54 acres of
Neighborhood Residential and Commercial designation with-Rural :Residential: The
second Future Land Map Amendment is an update to the-Future Land Use Map generally
located for an area:bounded'by Bolton Road to the north,:Santa Clara Road.to the east,I-H
10 W.to the south, and Stolte Road to the west. The Future Land Use Map proposal-would
replace approximately 286.78:acres of Commercial designation with Business. Park and
:Industrial.
Mayor Boyle:opened the public hearing at 8:18 p.m. No one wish to speak on this item
and Mayor Boyle closed the public hearing at 8:18.p.m.
7. Citizens to be Heard
This:is the only.time during the'Council Meeting thatt-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 anynon-agenda issue at this time; however, City Council may present any factual
response to items brought up by citizens. (Attorney General Opinion — JC-0.169) (Limit of
three minutes each.) All remarks shall be addressed to:the Council as.a-body. Remarks may
also be addressed to any:individual member.of the Council so.long as the remarks are(i)about
matters of local public concern and (ii) not disruptive to .the meeting or threatening-to the
member:or any attendee. :Any person violating this policy may be requested to leave the :
meeting, but no:person may be requested to leave or forced to,leave the meeting;because of
the viewpoint expressed. This meeting is livestreamed. If anyone would like to,make
comments on any;matter.regardingthe City of Cibolo:or on an'agenda item and have
this item read at: . this meeting, please email :pcimics(a eibolotx.gov and
vchapman(a),cibolotx:gov or telephone 210-566-6111 before 5:00: pm the date of the
meeting.
2
The 'following individuals.signed up to be heard:.Ms. Titterington from The Chamber
informed the council of upcoming events in the local area. Ms. Williams stated that current
businesses should be grandfathered on permits required with the:proposed noise ordinance.
Mr. Mathis also spoke on the Permit Fee for the Noise Ordinance. Nick Marquez thanked
both Mr. Reed and Chief Hugghins on the work that was done on the Noise Ordinance. He
also stated that he only plays live music on Friday and Saturday Nights from 8 p.m.to 11 p.m.
Mr. Marquez also stated he was willing to build a 14A wall if the city would let-him. Ms.
Kearns stated that the.businesses bring a lot of tax dollars to the city. .She also ask council to
look at the downtown revitalization plan that was completed years ago for Main Street. Mr.
Schlather spoke on the acoustic sound that was the problem not the bass. He also talked about
the calls for police service to the businesses and that one complaint made most of the calls.-
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 xnember-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 12, 2022.
B. Approval of the May 2022 Check Register pending final acceptance of the City's
financial audit for the 2021/2022 fiscal year.
C. Approval of the May 2022 Revenue and Expense Report pending final acceptance of the
City's financial audit for the 2021/2022 fiscal year.
D. Approval of the Preliminary Replat and Subdivision Plat of Buffalo Heights.
Councilman Hicks made the motion to approve the consent agenda. Motion was
seconded by Councilman Hetzel. For: All; Against:None. Motion carried 7 to 0.
9. Staff Update
A. Administration
a. Covid status in the organization - HR Director Mr. Knott stated we are having an
uptick on the number of Covid or exposure to Covid in the city.
B: Fire Department--In packet.
C. Public Works Department—In packet.
10. Discussion/Action
A. Discussion/Action on the Preliminary Plat of Buffalo Crossing II Unit 7.
This item was pulled from the agenda by the request of the applicant.
3
B. Discussion/Action regarding a:variance request to the Sign Ordinance#1188 On-Premises
Signs (Single Nonresidential Building) to increase height and total square footage to the
proposed monument signage and to have the monument sign placed in an easement,
located at the southeast cornier of FM 1103 and FM 78, Cibolo, Texas.
Councilman Hicks made the motion to approve a variance request to the Sign Ordinance
#.1188 On-Premises Signs (Single'Nonresidential Building)to increase.height and total
square footage to the proposed monument signage.and to have the monument sign placed
in an easement, located at the southeast corner of FM 1103 and FM 78, Cibolo, Texas.
Motion was seconded by.Councilman Allen. For: All; Against: None. Motion carried 7
to 0.
C.' Discussion/Action on the approval of the Preliminary Acceptance of Public
Infrastructure.for Steel Creek Unit 3B.
This item was pulled from the agenda by the request of the applicant.
D. Discussion/Action on the approval of the Preliminary Acceptance of Public
Infrastructure for Mesa Western Unit 1.
Councilman Allen made the motion to approve the,P.reliminary Acceptance of Public
Infrastructure for Mesa Western Unit l:with the following: Water:8,640 Linear Feet for
total valuation of$868,724; Sewer: 10,788 Linear Feet for a total valuation of
$811,633.00;Drainage: $447,333.00; Public Street:,2;310 Linear Feet total valuation of
$1.,093,468.00; Total accepted Public Improvements dedicated to the.City of Cibolo is . .
.$3,221,158.00. Motion was seconded by Councilman Hicks. For: All; Against:None.
Motion.carried 7 to 0.
E...Discussion/Action on the amendment of the Cibolo Economic Development
Corporation's Bylaws.
Mr. Thies the President of the Cibolo Economic Development Corporation Briefed the
minor changes that were made to the EDC Bylaws. Councilman Hicks made the motion
to approve the amendment of the Cibolo Economic.Development Corporation's Bylaws.
Motion was seconded by Councilwoman Cunningham. For: All; Against: None.
Motion carried 7 to 0.
F. Discussion/Action for'staff to,bring back an ordinance calling'a Special Election for the
purpose of a land swap with the Cibolo Economic Development Corporation. :(Mayor
Mr. Thies the President of the Cibolo Economic Development.Corporation presented a
power point to council describing the possible land swap between the EDC property on
FM 78 and Niemietz Park located next to this property. Councilman Allen made the
motion to have staff bring back an ordinance to the City Council calling a Special .
Election for the Land Swap. Motion was seconded by Councilwoman Cunningham.
For: All; Against:None. Motion carried 7 to 0:
4
G. Discussion/Action on reauthorization of the Streets Maintenance Sales Tax.
Mr. Fousse the:Public Works Directorgave a presentation to the Street Maintenance
Sales Tax. Councilman Hicks made the motion to have staff bring back an ordinance to
the next meeting calling a Special Election for the Street Maintenance Sales Tax.
Motion was seconded by.Councilman Allen. For: All; Against: None. Motion carried 7
to 0.
H. Discussion/Action on the employee benefits and compensation.
Mr. Knott the HR Director provided council with a presentation covering employee
benefits and compensation. Council did give feedback on brining more information on
COLA at 2.5%; 3% and 5%.
I. Discussion/Action on the Legendary Trails and ETJ Development After Action Report.-
The City Manager Mr. Reed gave a presentation on Legendary Trails and ETJ
Development After Action Report that was completed by Ms. Bastian-Rodriquez from
the Denton Navarro Rocha-Bernal &Zech Law firm. This presentation covered
wastewater service throughout the approval process for the Legendary Trails
Development, including the submissions of land studies, preliminary plat, and.:
construction plans.
J. Presentation/Discussion on the City's Curbside Chipper Service.
Mayor Boyle stated that this item will be placed back on the next agenda..
K. Discussion/Action on authorizing the City Manager to execute a Task-Order for Project:
Inspection Services related to the construction of Phase 2 of the.Town Creek Drainage-
Haeckerville Road Reconstruction Project with Vickrey and Associates in an amount not
to exceed Seventy-Five Thousand Dollars($75;000.00).
Councilman Hicks made the motion to authorize the City Manager to execute a Task
Order for Project Inspection Services related to the construction of Phase 2 of the Town
Creek Drainage-Haeckerville.Road Reconstruction Project with Vickrey and Associates
in an amount not.to exceed Seventy-Five Thousand Dollars ($75,000.00). Motion was
seconded by Councilwoman Cunningham.• For: All;Against: None. Motion carried 7 to ,
0.
L. Discussion/Direction on Council's Strategic Plan FY2023 —2025.
Mr. Reed briefly went over-this item. Mr. Reed did ask council to look at under
Partnership 3.2 and 3.3 and this will be discussed at the Budget Workshop.
M. Discussion/Direction on a review of the UDC to make sure the city,is following the
UDC when businesses and developers bring in plans for review._:
Councilman Hicks just wanted to make sure we are bring the UDC Committee back
5
together again to look at the changes that need to be made to the UDC.
N. Discussion from Councilmembers that have attended seminars,events,or meetings for the
Cityof Cibolo.
Councilwoman;Cunningham stated that she had spent a day at the Cibolo Animal Shelter.
Councilman Hicks stated he had attended Summer Nights and also.presented a letter of
appreciation to Guadalupe for:the last minute coming to Cibolo's rescue with a tent.
0. Discussion on items Council would like to see on future agendas.
Mayor Boyle would like an executive session concerning the toll road and also an update
on the monument sign and the fishing pond scheduled for the HEB property.
P. 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 July and August 2022.
11. Ordinances
A. Discussion/Action and Approval of an ordinance amending Chapter 74,Article V, Section
74487 of the Cibolo Code of Ordinances by adding Rodeo Way between FM 1103 and
Longhorn Way to the list of public streets that are unlawful for a person to stop,stand, or,
park a vehicle during school hours.
Councilwoman Cunningham made .the motion to approve the ordinance amending
Chapter 74;Article V, Section 74-187 of the Cibolo Code of Ordinances by adding Rodeo
Way between FM 1103 and Longhorn Way to the list of public streets that are unlawful
for a person to stop, stand, or park a vehicle during school hours. Motion was seconded
by Councilman Allen. For: All; Against:None. Motion carried 7 to 0.
B. Discussion/Action and Approval of an ordinance amending the Code.of Ordinances of the
:City of Cibolo, Texas, Chapter 46 —Nuisances, Article II —Noise to revise regulations
relating to certain commercial uses involving loud noise; creating a special music venue
permit and application fee.
Motion was made by Councilman Benson to approve the staff ordinance amending the
Code:of Ordinances of the City of Cibolo, Texas,.Chapter 46 Nuisances, Article II — .
Noise to revise regulations relating to certain commercial uses involving loud noise;
creating a special music venue permit and application fee. Motion was seconded by
Councilman Hetzel. A roll call vote was taken. For: Councilman Benson, Councilman
Hetzel, and Councilman Hicks; Against: Councilman. Osorio, Councilman Bone,
Councilwoman Cunningham, and Councilman Allen. Motion failed 3 to 4. Councilman
Benson-made the motion to approve the stakeholder's ordinance amending the Code of
Ordinances of the City of Cibolo, Texas, Chapter 46 -Nuisances, Article II —Noise to
revise regulations relating to certain commercial uses involving loud noise; creating a
6
special music venue permit and application fee.. Motion was seconded by Councilman
Hetzel.. A roll.call vote was taken. For: Councilman Benson, Councilman Osorio,
Councilman:Bone, Councilwoman Cunningham, Councilman Allen,. and Councilman ..
Hetzel; Against: Councilman Hicks. Motion carried 6 to 1.
12. Executive Session
The .City Council will meet in Executive Session as authorized by the.Texas.Gov't Code -
Section 551.071 Consultation.with Attorney and Section 551.074 Personnel Matter to
discuss:
A. Discussion on the City Manager's Annual Performance review..
City Council convened into Executive Session at 10:35 p.m.
13. 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 10:41 p.m:
14. Adjournment
Councilwoman Cunningham made the motion to adjourn the'meeting at 10:42 p.m.
Motion was seconded by Councilman Hicks. For: All; Against: None. Motion carried 7
to 0.
PASSED AND APPROVED THIS 9TH DAY OF AUGUST 2022.
t
Stosh e
May
ATTEST
Peggy Cimics, TRMC
City Secretary