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Min CC 08/09/2022 1 \ - T'f X NS "City of Choice - CIBOLO CITY COUNCIL. CIBOLO MUNICIPAL BUILDING 200 S: Main Cibolo; Texas 78108 August 9, 2022 6:30 p.m. to 10:30 p.m. MINUTES 1.. . Call to.Order—Meeting was called,to order by Mayor Boyle at 6:34 p.m. . 2. Roll Call and Excused Absences - Council Present: Mayor Boyle, Councilman Benson, Councilman Bone,'Councilwoman Cunningham; Councilman Allen, Councilman Hetzel, and Councilman Hicks. Council Absent: Councilman Osorio. Councilman Hicks made the motion to.excuse the absence.of Councilman Osorio. Motion was seconded by Councilman Allen. For: All; Against:None. Motion'carried 6 to 0. 3. Invocation—Invocation was given by Councilwoman Cunningham. 4. Pledge of Allegiance All in attendance recited the Pledge of Allegiance. 5. Presentation A: Presentation to YMCA Fredy Degollado B. Presentationto Robert Doyle This item was tabled till the August 23`d meeting. 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 — JC70169) (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 regarding the City of Cibolo or on an agenda item and have this item read at this meeting, please email neimics6n 6bolotx.Lyov and vchapman6kibolotx.gov or. telephone 210-566-6111 before 5:00 pm the date of-the meeting. The following individuals spoke at Citizens to be Heard: Maggie Titterington from The Chamber spoke to.council on events that were coming up in the local communities. Dennis Zapata spoke on Pickleball event that will be going on at Niemietz Park on August 13th starting at 4 p.m. Jim Twenter spoke on citizens that are over the age of 65 and if.the city could do something with the taxes. He also would like the.number.of individuals that fall into this category. He stated that we would like to see the tax rate go down but at least not to increase the taxes for the'citizens. 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 A. Approval of the minutes of the regular City Council Meeting held on July 26, 2022. Councilman Hicks.made the motion to approve the consent agenda. Motion was seconded by Councilwoman Cunningham. For: All; Against:None. Motion carried 6 to 0. 8. . Staff Update A. Administration a. Economic Development Director—Mr. Reed stated that he had extended an offer for this position. b. :Cibolo Valley Drive Work is being done on Cibolo Valley Drive even though you may not see actual working being performed. B. Police Department—In packet C. Planning Department—In packet 9. Discussion/Action A. 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. Councilman Hetzel made the motion to move Mr. Garrison from an alternate position on the P&Z to a regular.member for District 6. Motion was seconded by Councilman Hicks. For: All; Against: None. Councilman Hetzel made the motion to appoint Mr. Garrison to the Master PlanCommittee as the representative from the P&Z. Motion was seconded by Councilman Hicks. For: All; Against:None. B. Discussion/Action onthe proposed Future Land Use Map.(FLUM).Amendment for .the property generally located at 553 Tolle Road. The Future Land Use Map would replace approximately 31:54 acres of Neighborhood Residential and Commercial designation with Rural Residential. Councilman Hicks made the motion to approve the .Future Land Use Map (FLUM) Amendment for the property generally located at 553 Tolle Road:The Future Land Use Map .. . would replace approximately 31:54 acres of Neighborhood-Residential and .Commercial designation with Rural Residential. Motion was seconded by Councilman Hetzel. Mayor 2 Boyle took a roll.call vote. For: Councilman Benson .— Yes, Councilman Bone — Yes, Councilwoman Cunningham—Yes, Councilman Allen=Yes, Councilman Hetzel—Yes, and Councilman Hicks—Yes. Against: None. Motion carried 6 to 0 C. Discussion/Action on the proposed.Future Land Use Map (FLUM) Amendment .for the property generally located for the 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 would replace approximately 286.78 acres of Commercial designation with Business Park and Industrial. Councilman Hicks made the motion to approve the Future Land Use Map (FLUM) Amendment for the property generally located for the 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.would replace approximately 286.78 acres of Commercial designation with Business Park and Industrial. Motion was seconded'.by Councilman Allen. Mayor Boyle took a roll call vote. For: Councilman Benson Yes, Councilman Bone Yes, Councilwoman Cunningham—Yes, Councilman Allen-Yes, Councilman Hetzel Yes,and Councilman Hicks—Yes. Against:None. Motion carried 6 to 0 D: Presentation/Discussion and Direction to Staff on Fire.Protection Service in Guadalupe County/ETJ. Council went into.Executive Session at 7:13 p.m. as permitted by the Local.Government Code Section 551.071 Consultation with Attorney. Council returned to regular session at 7:48 p.m. Council gave direction for staff to setup a meeting with Schertz and also the County to discuss this item. Mayor Boyle and Mayor Pro-Tem will participate in the County meeting. E. Discussion on the City of Cibolo to consider entering into an interlocal agreement with South Central Planning and Development Commission for online permitting and planning software implementation and use. Councilman Hicks made the motion to approve entering into an interlocal agreement with South Central>Planning and Development Commission for online permitting and planning software implementation and use. Motion was seconded by Councilwoman Cunningham.- For: All; Against: None. Motion carried 6 to 0. F. Presentation/Discussion on the City's Curbside Chipper Service. The Public Works Director briefed this item to Council. The history of the Chipper Service Program was explained from what the city offered for this service from 2005 to present day and the changes that:were implemented in 2019..and again in-2021. Council also was explained how the service works,the time it takes to perform the service and equipment required for the Chipper Service. G. Presentation/Discussion/Action regarding the proposed FY 22/23 Budget and 5 Year Capital Improvement Plan:(CIP). The City Manager presented to City Council a proposed FY 22/23 Budget and 5 Year Capital Improvement Plana During this presentation staff was asking for feedback on does- council support the advertisement of certain new full-time employees so they canbe hired per the estimate start date of November 1, 2022. Council agreed to this with the exception 3 of two positions that they removed from this budget. Council was also ask about what if any do they want to modify the City's Fund Reserve Policy. Council agreed to change the fund balance from 35%to 28%. Council was also ask what one-time capital purchases in the General Fund does Council Support. Council eliminated only one item on the list. Council also supported the two new full-time employees in the Drainage/Utility Department Fund. H. Discussion/Action.to set the date for the public hearing,on the proposed 2022 (FY2023) property tax rate. Councilman Hicks made the motion to set the date for the public hearing on the proposed budget for September 13, 2022. Motion was seconded by Councilwoman Cunningham. Mayor Boyle took a roll call vote. Councilman Benson—Yes, Councilman Bone—Yes,. .-Councilwoman Cunningham-Yes, Councilman Allen—Yes, Councilman Hetzel—Yes, and Councilman:Hicks—.Yes. Councilman.Osorio was absent from this meeting. Motion carried 6 to 0 with Councilman Osorio absent from the meeting. L' Discussion/Action to set the maximum tax rate and adopt the proposed 2022 (FY2023) property tax rate on a future agenda. Councilman Hicks.made the motion to set the maximum tax rate at .483 5 and adopt the proposed 2022 property tax rate on a future agenda.,Motion was seconded by Councilwoman Cunningham. Mayor Boyle took a roll call vote. Councilman Benson Yes, Councilman Bone—Yes,Councilwoman Cunningham—Yes, Councilman Allen Yes, Councilman Hetzel—Yes, and Councilman Hicks—Yes. Motion carried 6 to 0. J. Discussion and direction to staff on sidewalk and:crosswalk-in front of The Brooks and a crosswalk, stop signs, and light along Cibolo Valley Drive in front:of Wal-Mart due to car accidents. Councilman Hicks briefed this item and showed pictures of an individual trying to cross the street in a wheelchair. The Public Works Director did stated the Brooks did pay the fee to have a sidewalk built as it could not be done when the facility opened. Staff will look into when that could be installed and also look at a possible.crosswalk. K. Discussion from Councilmembers that have attended seminars, events, or meetings for the City of Cibolo. No items brought up by council. L. Discussion on items Council would like to see on future.agendas: Do to the time council will send any item they want on the agenda to the City Secretary. M. .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. City Secretary reminded everyone on the deadline to file for a position of the November 8, . . 2022 ballot. 4 10. Ordinances A. Discussion/Action and. Approval of an Ordinance of the City of Cibolo regarding the rezoning of approximately 3:4 acres (Lot 2 & Lot 3).acres located northwest and.northeast of the. intersection of W Borgfeld Road and.Somerset Ave currently zoned Multi-Family. Residential (MF 1)to Retail/Office(C-3). Councilwoman Cunningham made the motion.to approve an Ordinance of the City of Cibolo regarding the rezoning of approximately 3.4 acres (Lot 2 & Lot 3).acres located:northwest and northeast of the intersection of W Borgfeld-Road and Somerset Ave, Lot 3 currently zoned Multi-Family Residential (MF-1) to General Retail/Office Restrictive Alcohol-Sales (C-3R) and Lot 2 from Multi-Family Residential (MF.-.1) to Neighborhood Commercial (C 1). Motion was seconded by Councilman.Bone. For: All; Against: None. Motion carried 6 to 0. B. Discussion/Action and Approval of an Ordinance of the City of Cibolo-ordering aMunicipal Election to.be held on Tuesday,November 8, 2022 for the purpose of the election of Mayor -and Councilmenibers to District 2,3; and 7. Councilwoman Cunningham made the motion to approve the_Ordinance of the City of Cibolo ordering a Municipal Election to be.held on Tuesday, November 8 2022 for the purpose of the election of Mayor and Councilmembers.to District 2;3, and 7. Motion.was seconded by Councilman Hicks. For: All; Against: None. Motion carried 6 to 0. C, Discussion/Action and Approval of an Ordinance of the City of Cibolo ordering a Special Municipal. Election to ;be held on Tuesday, November 8, 2022 for the purpose of the- Reauthorization of the Local Sales and Use Tax in Cibolo at the rate:of one-quarter of one percent to continue providing revenue for the maintenance and repair of Municipal streets. Councilman Hicks made the motion to approve the Ordinance of the City of Cibolo ordering a Special.-Municipal Election to be held on Tuesday,.November 8,2022 for the purpose of the Reauthorization of the.Local Sales and Use Tax in Cibolo at the rate.of one-quarter of one percent to continue providing revenue for the maintenance and,repair of Municipal streets. Motion was ;seconded by Councilman Hetzel. For: All; :Against: None. Motion carried 6 to 0. D. Discussion/Action and Approval of an Ordinance of the City of Cibolo ordering a Special Municipal Election to be held on Tuesday,November 8,2022 for the purpose of authorizing . . to sell.and convey 5.6 acres of land out of Niemietz Park located at 618 FM 78 in the City of Cibolo, Guadalupe County, Texas. Councilman Allen made the motionlo approve the Ordinance of the City of Cibolo ordering a Special Municipal Election to be held on Tuesday, November 8, 2022 for the purpose of authorizing to sell and convey 5.6 acres of land out of Niemietz Park-located at-618 F-M.78 in the City of Cibolo, Guadalupe County, Texas. Motion was seconded by Councilwoman Cunningham. .-For: Councilman Benson, Councilman Bone, Councilwoman Cunningham, and Councilman Allen;Against: Councilman Hetzel and Councilman Hicks. Motion carried 4 to 2. . 5 . 11. Executive Session The City Council will meet in Executive Session as authorized by the Texas Gov't:Code Section 551.071 Consultation with Attorney to.discuss: A. Cibolo Turnpike v. City of Cibolo No. 20-0062-CV-A. Council convened into Executive Session at 10:26 p.m.ao discuss the above item. 12. 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 10:57 p.m. No action was jaken. 13.. Adjournment Councilman.Benson:made the motion to adjourn the meeting at 10:57.p.m. Motion was seconded by Councilman Hicks. For: All; Against:None. :Motion.carried 6 to 0. PASSED AND APPROVED THIS 23RD DAY OF AUGUST 2022: Stosh Boyle Mayor ATTEST Peggy Cimics, TRMC . City Secretary 6. :