Min CC 09/27/2022 X 0,:5 .. ... ..
'City of Choice' - - -
CIBOLO CITY COUNCIL "
CIBOLO MUNICIPAL BUILDING
200 S. Main
Cibolo; Texas 78108
September 27; 2022
6:30 p.m. to. 10:30 p.m.
MINUTES
1. Call to Order-Meeting was called to order by Mayor Boyle at 6:3.1 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. Proclamation
A. National Night Out-"Chief Troncoso and Chief Hugghins received the Proclamation for
National-Night Out.
B. World Teachers Day '' Councilwoman Cunningham read the Proclamation for World
Teachers Day.
6. - Public Hearin
A. The City of Cibolo-City Council will hold a public hearing regarding the rezoning of
approximately 0.4934 acres located southwest of the intersection-of N. Main Street and FM"
11.03 currently zoned High Density Single-Family Residential (SF-6)=to Retail/Office (C-3)
(613 N. Main St
Mayor Boyle opened the public hearing at'6:40pm. "Joshua De Leon spoke on behalf of the
landowners of both properties in 6A and 613. He wanted to make sure that the focus was on
zoning and not on-what business would be going into that area. .The homeowners feel that
the amount of traffic that is in the area and"the increase traffic due to HEB being built takes
away the small town feel and.charm of Cibolo. Duane McGlothlin was concerned with noise,
lighting,"and the building of-a gas station rightacross his property. He felt they.Would
have:the smell of gas and large trucks going down main street=to not only delivery=`gas but
food. Old Town is going and all these items will just get worse over the years. Mayor Boyle
closed the public hearing at 6:50 p.m. "
B. The City of Cibolo City Council will hold a public hearing regarding the rezoning of
approximately 0.5078 acres located southwest of the intersection of N.Main Street and FM
1103 currently.zoned High Density Single-Family Residential (SF-6) to Retail/Office (C-3)
-(615N. Main St
Mayor Boyle opened the public-hearing at 6:51 p.m. Joshua De Leon represented the owner
..of this property. He wanted council to make this about zoning only. He also stated that the
landowner could not get in and out of his driveway due to traffic and was concerned about
the noise.- Mr. De Leon also stated that this zoning would give the highest value the
homeowner could get for his property.- Mayor Boyle closed the public hearing at 6:58 p.m. -
C. The City of Cibolo City Council will hold a public hearing to hear testimony regarding
amending the .Code of Ordinances of the .City of Cibolo; Texas Appendix A - Unified
Development Code,Articles 1,3,and 20 to adopt additional approval criteria for certain plats
and development plans and clarify existing approvat criteria:for same.
:Mayor Boyle opened the public hearing at 6:59 p.m. Noone wish-to speak and Mayor closed
the public hearing at 7:00 p.m.
7. 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. Remarks may also be.addressed
to anyindividual: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.
-,,Amy 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 pcimies(abcibolotx.gov and vchapman(a),cibolotx.gov ;or telephone 210-566-6111
before 5:00 pm the date of the meeting.
No citizens:signed up to speak:
8.: Consent Agenda:=Consent Items (General Items)
:'(All items listed below ate 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 September 13, 2022.
B. Approval of the minutes of the Special City Council Meeting held on September 15, 2022:.
C. Approval of the July 2022 Check Register pending final acceptance of the City's financial
audit for the 2021/2022 fiscal year.
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D. Approval of the July 2022 Revenue and Expense Report pending final acceptance of the
City's financial audit for the 2021/2022 fiscal year. _
Councilman Hicks made the motion to approve the consent agenda. Motion was seconded
... : by CouncilwomanCunningham. For: All; Against: None. Motion carried 7 to 0.
9: Staff Update
A. Administration
-a. -City.Town HallMeeting, Town Hall meeting set for.October l gtn
b. Finance Director—Finance Director(Ms. Miranda)will be starting on October 3rd
c. Cibolo Valley Drive'—On schedule.
d: City Hall Annex Grand,Opening will be November 21,'2022. .: : -
e. Cibolofest—Everything is in place and staff will have:one last meeting before the event.
B. Planning Department
C. Public Works Department
10. Discussion/Action
A. Discussion/Action on a prospective partnership with Relentless Soccer.
-Council gave direction to have staff meet with Relentless Soccer and see what
arrangements could be made. Bring something back to council in 6 months.
Councilwoman Cunningham made the motion to let Relentless Soccer use the Multi-Event
area one-time for tournamentp lay. Date will need to be scheduled. Motion was seconded
by Councilman:Allen. For: All; Against:Norte. Motion carried 7 to 0
B. Discussion/Action omthe usage of Schlather Park Frisbee Golf Course for tournament flicker
-treat scheduled for October 30tH
Councilman Hicks made the motion to let the Schlather Park Frisbee Golf Course be used
for tournament flicker treat'on October 30th. : Motion was seconded .by ,Councilwoman .
Cunningham. -For:All; Against:None. Motion carried 7 to 0.
C. Discussion/Action regarding Alternative Compliance from-UDC Section 4.7.4.4.2(G) for
Bravo's Backyard located at 404 North Main Street.
Councilman Benson made the motion to table this.-item until the next meeting. No one
seconded the motion. - Motion failed. Councilman Hicks made the motion to approve
Alternative Compliance from UDC Section 4.7.4.4.2(G)for Bravo's Backyard located at 404
North Main Street with no outdoor music or indoor amplified music,no expansion to existing
main building, and days of operation would be 7 days a week with the hours of 9am to 9pm.
Motion was seconded by Councilman Allen. Mayor Boyle took a roll call vote: Councilman
Hicks - Yes, Councilman Allen Yes, Councilman Hetzel — Yes, Councilwoman ,
Cunningham -Yes, Councilman Bone —Yes, Councilman.Osorio — Yes, and.Councilman
Benson—No. Motion carried 6 to 1.
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D. Discussion/Action regarding the Preliminary Plat of Grace Valley Ranch Subdivision Unit
2, locatedwithin the City's Extra-Territorial Jurisdiction..
Councilman Hicks made the motion to approve the Preliminary Plat of Grace Valley Ranch
Subdivision-Unit 2,located within the City's Extra-Territorial Jurisdiction with the following
conditions:
1. .,.Substantial completion and acceptance by GVSUD -of the GVSUD wastewater
interceptor once it is constructed up to Short Wyle Road with a continuous wastewater
interceptor connection south to the GVSUD Santa Clara Wastewater Treatment Plant.
a)as shown by: City:Engineer's confirmation of.GV SUD's representation no later than
2 business days :after Applicant provides a written approval from GVSUD of said
wastewater improvements signed by the General Manager of GVSUD.
2. Applicant:will not initiate construction of any, single-family homes'or any vertical.
structure until GVSUD's.wastewater interceptor is physically connected and in service
to the on-site wastewater infrastructure and GVSUD has.inspected and accepted-both
off-site and on-site wastewater infrastructure all of which has a continuous connection
to the.GVSUD Santa Clara Wastewater Treatment-Plant.
3. These conditions will not prohibit the City of Cibolo from accepting for review
construction plans for public infrastructure for the subdivision prior to preliminary plat
approval. The City shall conduct its.normal review-process in accordance with UDC
and all applicable, existing standards and shall approve construction plans once they
are found to be in compliance with applicable, existing standards.
4. The applicant must submit final plat with either
a) a new letter from Guadalupe County that says.it will accept the internal roads as
Public roads and will assume ownership and maintenance; or
b)remove all plat notes referring to public ROW and dedication to Guadalupe County
and incorporate new plat notes that speak to all internal roads to be private and owned
and maintained by.HOA or other entity,but not Guadalupe County.
Citations to law:
1. Texas Local Government Code 212.003(a)(5) &212.010(a)2 and 212.010(a)(4),
2. Cibolo Uniform Development Code
° 19.8 (B),
2018 version of UDC 20.3.4 (A)(a)(2) or 2021'version of UDC 20.3.4(A)(1)(B),
° 2018 version of UDC 20.3.3(9)(C) or 2021 version of UDC'20.3.3 (G)(3)
Motion was seconded by:Councilman Allen.: For: Councilmembers: Benson, Osorio, Bone;
Cunningham;Allen, and Hicks; Against:Councilmember Hetzel. Motion carried 6 to 1. .
E. 'Discussion/Action regarding the Preliminary Plat of Grace Valley Ranch Subdivision Unit
3A, located within the City's Extra-Territorial Jurisdiction.
Councilman Hicks made the motion to-approve the Preliminary Plat:of Grace Valley Ranch
-'Subdivision Unit 3A, located within the City's Extra-Territorial Jurisdiction with the
following conditions:
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1. Substantial .completion and acceptance by GVSUD of the GVSUD wastewater
interceptor once it is constructed up to Short Wyle Road.-with a continuous wastewater
interceptor connection south to the GVSUD Santa Clara Wastewater Treatment Plant.
a)as shown by: City Engineer's confirmation of GV SUD's representation no later than
2 business days after Applicant provides a written approval from GVSUD of said
wastewater improvements signed by the General Manager of GVSUD.
2. Applicantwill will not initiate construction.of any single-family homes-or any vertical
structure until GVSUD's.wastewater interceptor is physically connected and in service
to the on-site wastewatenit frastructure and.GVSUD has inspected and accepted both
off-site and.on-site wastewater.infrastructure all of which has a continuous connection
to the GVSUD Santa Clara,Wastewater Treatment Plant..
3. These- conditions will-not prohibit the City of Cibolo from 'accepting for review
construction plans for public infrastructure for the subdivision prior to preliminary plat
--approval. The City shall conduct its normal review process in accordance with UDC:
and all:applicable, existing standards and shall approve construction plans once they
are found to=be in compliance with applicable, existing standards.
4. The applicant must submit a final plat with either
a) a new letter.from Guadalupe County that says it will accept the internal roads as
public roads.and will assume ownership,and maintenance; or
b)remove all plat notes referring to public ROW and dedication to Guadalupe County
and incorporate new plat:notes that speak to all internal roads to be private and owned
and maintained by HOA or other entity,.but not Guadalupe County.
Citations to law:
1. Texas Local Government Code 212.003(a)(5) &212.010(a)2 and 212.010(a)(4),
2. Cibolo Uniform Development Code
° 1:9.8 (B), .
2018 version of UDC 20.3.4 (A)(a)(2) or 2021 version of UDC 20.3.4(A)(1)(B),
° 2018 version:of UDC 20.3.3(9)(C) or 2021 version.of UDC 20.3.3 (G)(3)
Motion was seconded by Councilman Allen. For: Councilmembers: Benson, Osorio, Bone,
Cunningham,Allen, and Hicks; Against: Councilmember Hetzel. Motion carried 6 to 1.
F. Discussion/Action regarding the Preliminary Plat of Grace Valley Ranch Subdivision Unit
4, located within:the City's.Extra-Territorial Jurisdiction.
Councilman Hicks made the motion to approve the Preliminary Plat of Grace Valley Ranch
Subdivision Unit 4,located within the City's Extra=Territorial Jurisdiction with the following
conditions:
1. - Substantial completion :and acceptance by GVSUD of the: GVSUD.:wastewater
interceptor once it is constructed up to Short Wyle Road with a continuous wastewater
interceptor connection south to the GVSUD Santa Clara Wastewater Treatment Plant.,.
a)as shown by: City Engineer's confirmation of GVSUD's representation no later than
2 business days after Applicant provides a written approval from GVSUD of said
wastewater improvements signed by the General Manager of GVSUD.
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2. Applicant will not initiate construction of any single-family homes.'or any vertical
structure until GVSUD's wastewater.interceptor is physically connected and in service
to the.on-site wastewater infrastructure and:GVSUD has inspected and accepted both
off-site and on-site wastewater infrastructure all of which has a continuous connection
to the GVSUD Santa Clara Wastewater Treatment Plant.
3. These conditions will not prohibit the City: of Cibolo from accepting for review
construction°plans for public infrastructure for the subdivision prior to.preliminary plat
approval.. The City shall conduct its;normal review process in accordance with UDC
and all.applicable, existing standards and.shall approve construction plans once they
are found to be in compliance with applicable, existing standards.
4. The applicant must submit a.final plat with either
a) a new letter_from Guadalupe County that says it-will accept the internal roads as
public roads and will assume ownership and maintenance;.or
b)remove all plat notes referring to public ROW and dedication to Guadalupe County
and incorporate new plat notes that speak to all internal roads to be private and owned
and maintained by HOA or other entity,but not Guadalupe County.
Citations to law:
1. Texas Local:'Government Code 212.003(a)(5) & 212.010(a)2 and 212.010(a)(4),
2. Cibolo Uniform Development Code
° 1:9.8 (B),
° 2018 version of UDC 20.3..4 (A)(a)(2)-or 2021.version of UDC.20.3.4(A)(1)(B),
° 2018:version-of UDC 20.3.3(9)(C) or 2021 version of UDC 20.3.3 (0)(3)
Motion was seconded by Councilman Allen. For: Councilmembers: Benson; Osorio, Bone,
Cunningham, Allen, and-Hicks; Against: Councilmember HetzeL Motion carried,6 to 1.
G. Discussion/Action regarding the Final Replat and Subdivision Plat of Buffalo Heights.- ,
Councilman Allen made_the motion to approve the Final Replat and Subdivision Plat of
Buffalo Heights with the condition of the 'off=site easement by separate instrument -is
approved-by the City and filed with the County prior to recordation of the plat. Motion-was
seconded by Councilman Osorio. For: All; Against:None. Motion carried 7 to 0.
H. Discussion/Action regarding the Preliminary Plat of Venado Crossing Subdivision Unit 4.
Councilman Hicks made the motion to approve the Preliminary Plat of Venado Crossing
Subdivision Unit 4. Motion was seconded by Councilman Allen. For: All;Against:None.
Motion carried 7 to.0:
I. Discussion/Action on the approval of a purchase order in the amount of$100,000 to KFW
Engineering for planning engineering services for FY23.
Councilman Hicks made.the motion to approve a purchase order in the amount of$100,000 .
to KFW Engineering for planning engineering services for FY23. If dollar amount is over
the$100,000 it will need to come back to council. Motion was seconded by Councilman
Bone. For: All; Against: None. Motion carried 7 to 0. ..
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J. Discussion/Direction on amending Ordinance 1293 (adopted November 12, 2019)
concerning transportation of sludge waste.
Council gave direction to bring an ordinance back to council concerning transportation of
sludge waste.
K. Discussion/Action and authorization for the City Manager to execute Amendment No.8 of
-:an Interlocal Agreement between the City of Cibolo an&the Alamo Area Council of
Governments (AACOG) for Demand-Response Route.
Councilman Hicks made the motion to authorize the City Manager to execute Amendment
No.8; of an Interlocal Agreement between the City of Cibolo and the Alamo Area Council
of Governments (AACOG) for.Demand-Response Route. Motion was'seconded by
Councilman Benson: For:.All; Against:None. Motion carried 7 to 0.
L. Discussion/Action and authorization for the City Manager to sign an Interlocal Agreement
for Fire Protection Services with Guadalupe County and the City of Cibolo for one (1)year,
October-1, 2022,to September 30, 2023.
Councilman Hicks made the motion to authorize the City Manager to-sign an Interlocal
Agreement for Fire Protection Services with Guadalupe County and the City of Cibolo for
one (1)year, October 1,:2022,to September 30, 2023. Motion.was seconded by
Councilman Benson. Mayor Boyle took a roll call vote. Councilman Benson—.Yes,
.Councilman Osorio—No, Councilman Bone—Yes, Councilwoman Cunningham—Yes,
Councilman Allen No, Councilman Hetzel No, and Councilman Hicks=Yes..Motion
carried 4 to 3.
M.- Discussion/Action on a request from.the Police Department on purchasing new Police
Department vehicles in FY23.
Councilman Allen made the motion to approve replacing.the two Hybrid vehicles and two
other vehicles for a total of four new vehicles. Motion was seconded by.Councilman
Hicks. Mayor Boyle took a roll call vote. Councilman Benson—Yes..Councilman Osorio
Yes, Councilman Bone—Yes, Councilwoman Cunningham—Yes;Councilman Allen-
Yes,.Councilman Hetzel Yes, and Councilman Hicks Yes. Motion carried 7 to 0.
N. Discussion from Councilmembers that have attended seminars, events, or meetings.
Councilman Hicks—Region 7 meeting,MPO,and Growth Summit in Austin,Councilwoman
Cunningham Child Safety Week Event and Animal Shelter Event. Mayor Boyle had 'a
meeting with HEB;
O. Discussion on items Council would like to see on future agendas.
Councilwoman Cunningham — Report from TxDot and signage for the Animal Shelter,
update on the RR Crossing,and Public Works Facility on FM 1103. Councilman Hicks status
of the Building Moratorium.
R.. 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 September and October calendars.
11. Ordinances
A. Discussion/Action and Approval of an Ordinance to.amend the Unified_Development Code,
Articles 1;3; and 20 to adopt additional approval criteria.for certain plats and development
plans and clarify existing approval criteria for same.
Councilman Hicks. made the motion.to approve the ordinance to amend the Unified
Development Code,Articles"1,3,and 20 to adopt additional approval criteria for certain plats
and development plans and clarify existing approval criteria for same. Motion was seconded
by Councilman Hetzel::For: All;:Against::None. Motion carried 7 to 0.
12. Executive. Session
The City Council will meet in Executive Session as,:authorized:by the Texas Gov't Code
Section 551.087 Economic Development and Section 551.071 Consultation with Attorney to
discuss: -
A. Discussion on Economic Development projected projects.
B. Cibolo Turnpike v. City of Cibolo No. 20-0062-CV-A.
Council convened into Executive Session at 9:58 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 10:32 p.m. No action taken.
.14. Adjournment.
Councilman Benson made the motion to adjourn the meeting at=10:33 p.m.- Motion was
seconded by Councilwoman Cunningham. For: All:;Against:None. Motion carried 7 to 0.
PASSED AND APPROVED THIS 11TH DAY OF OCTOBER 2022.
Stosh Boyle
Mayor
ATTES
"Peggy Cimics, TRMC.
City Secretary
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