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Min CC 10/25/2022 A QF C'6 ' G r o .. - 11'@X#I5 .. 'Cityd Choice - CIBOLO CITY COUNCIL CIBOLO MUNICIPAL BUILDING 200 S. Main Cibolo, Texas.78108 October 25, 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,'Councilwoman.Cunningham, Councilman Allen, and Councilman Hicks. Members Absent: Councilman Bone and Councilman Hetzel : Councilman Hicks made the motion to excuse the absences of both Councilman Bone and Councilman Hetzel. Motion was seconded by Councilwoman Cunningham. For: All; Against: None.,Motion carried 5:to 0. 3: Invocation—Councilman_Allen gave the Invocation. 4. Pledge ofAlle ig ance- All in attendance recited the Pledge of Allegiance. 5: Presentation A. Air Today—Summer Nights Program—Air Today was presented a plaque for all there_support for the Summer Nights Program. B. Physicians Premier — Physicians Premier was presented a :plaque for:three years of extraordinary service to the City of Cibolo. 6: Employee Reco nig tion A. -Paul.Cheezum.-_Street.Department (5 Years)— Mr. Cheezum_was unable to attend this. _ meeting. B. Valerie Chapman-City Secretary's Office (5 years)—Mr. Reed presented Valerie Chapman her five-year service.pin and,plaque for service in both the-Permits.Office and City Secretary's Office 7. Public Hearing A. The City of Cibolo City Council will hold a public hearing to hear public.testimony regarding amending the Code of Ordinances of the City- of Cibolo; Texas: Appendix A — Unified Development Code Articles 4 and 17, referencing buffer yard requirements where a non- residential use is adjacent to a residential use. -Mayor Boyle open the public hearing,at 6:50 p.m. The following individuals spoke at this . public hearing:. Mr. Fournier stated that the council should put just as much time:-on this subject as-they did on.the noise ordinance. He also wanted council to wait until the new members are seated in November before'making a decision. Ms. Qaiyyim stated council 'should take the least path of resistance. Mr. Roberts stated that this is a huge decision: Council should hold off a decision until the new council-is seated in November.Mayor Boyle - closed the public hearing at 6:57:p.m. B. The City of Cibolo City Council will hold a public hearing to hear public testimonyregarding a Conditional-Use Permit for one acre, located at 607 Country-Lane, currently zoned Low Density Single-Family Residential (SF2), to allow the placement of a new manufactured home. Mayor Boyle opened the public,hearing;at 7:01 p.m. Mr. Hodges spoke and sated that he was just wanting to build a safe place for his mother on the property. Mayor Boyle closed :the public hearing.at 7:03 p.m. C. The City of Cibolo City Council will hold a public hearing to hear public testimony regarding a Conditional Use.Permit (CUP) to allow Veterinary Services for property ideated on the northeast corner of Green Valley Road and Green Valley Loop. Mayor Boyle open the public hearing at 7:05 p.m. No wish to speak on.this item and Mayor Boyle closed the public hearing at.7:05 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. 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 pcimicsncibolotx:gov and vchapman(a cibolotx.gov or telephone 210-566-6111 before 5:00 pm the date of the meeting.. The following individuals spoke at Citizens to be Heard: Joshua DeLeon spoke on iteml3 B & C. He stated his clients are just trying to sell their property due.to the noise and traffic. This is causing a hardship on:them and:the longerit is delayed the harder it is for them.-Kathleen Jansky spoke.on Buffalo Crossing and the safety issue with the road and the HOA not giving the homeowners all the facts on how to improve this road to include bike lanes. William Wese also spoke on Buffalo Crossing and the Road between Fritz Way and Cibolo Way. He stated that he . has seen dragging racing and people having to dodge traffic. Road needs a dedicated bike lane.Randy Roberts spoke on the re-zoning of homes on Main Street.... 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 A. Approval of the minutes of the regular City Council Meeting held on October 11,2022. 2 B. Approval of the August°2022 Check Register pending final acceptance of the City's financial audit for the 2021/2022 fiscal year. C: Approval of the August2022 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 Councilwoman Cunningham: For: All. Against:None: Motion carried 5 to-0. 10. Staff Update A. Administration a. Pavement Management-Plan 2019-Will:riiake sure this is placed on the website. b. Recap of Town Hall Meeting:—Thank_Council for being there. Went well/well attended. c: City Hall Annex Grand Opening-November 21, 2022 from 3pm to 5pm. d. Update on CVD/CIP—Update was presented to council. _. _ , e. Recap on Executive.Team Retreat Retreat went well went over Councils Strategic Plan. f. Recruitment Update= Sent:out by email. g. Trophy Oak Apartment Mural=Working with NRP Group. h. Recap on Cibolofest-Well attended all staff did an excellent job. i. Recap on Shred Day Ms. Cimics thanked all those that helped with the event. B. Fire Department C. Public Works Department 11. Resolutions A., Approval/Disapproval of a resolution establishing the City's intention to reimburse itself for the prior lawful expenditure of funds from obligation proceeds and other matters related- _ thereto. ..:Councilman Hicks:made the:motion to approve:a resolution establishing the:City's intention to reimburse itself for the prior lawful expenditure of funds from obligation proceeds and other matters related thereto. Motion was seconded by Councilwoman Cunningham. For: All; Against:None'. Motion carried 5 to 0. B. Appioval/Disapproval of a resolution authorizing publication and posting of_a Notice of Intention to issue Certificates of Obligation in an amount not to exceed$4,800,000 and other matters in connection therewith. CouncilmanHicks made the. motion to approve a resolution authorizing publication.and posting of a Notice.of Intention to issue Certificates of Obligation in an amount not exceed $4,800;000 and other matters in connection,therewith. Motion.was seconded by Councilman Allen. For: All; Against: None...Motion carried 5 to 0. 3 12: Discussion/Action A: Presentation from TxDot on the FM 1103 Phase 1 Project. Mr: Lockett from TxDOt statedahat the start date of phase. 1 would begin on November 1st. The project will have some.night work being done and they will share this information so council can share with the Cibolo.citizens. They.will also being Working-on the sound walls and there will be lane changes during this timeframe. -The full project is scheduled to take 48 months to.complete. B. Discussion/Action regarding the:Preliminary Acceptance of:Public Infrastructure for Saddle Creek Ranch Subdivision Unit 8. - Councilwoman. Cunningham moved to approve the Preliminary Acceptance of Public Infrastructure-for Saddle Creek.Ranch Subdivision Unit 8 to:include.Water (GVSUD): .8" Pipe @ 1;643 Linear Feet.==total valuation $19:9;571.5.0, Sanitary Sewer: .8"main @ 2,276. -Linear Feet=total valuation $118,_882.00, Drainage: $10,773.00; Public.Street: 8,008 LF = total valuation$160,320.00. Total Valuation of accepted Public Improvements dedicated to the"City of Cibolo:-$289,975:00. Motion was seconded by Councilman Hicks. .For::All; Against::None. Motion carried 5 to 0. C. Discussion/Action and authorization for the City Manager to execute a purchase order for One (1) Pierce Enforcer Pumper, Buy Board.#651-21 from Siddons-Martin Emergency Group,LLC for One Million,Fourteen Thousand, Seven HundredSeventy-:Two Dollars and no cents ($1,014;772.00): .'Councilman Hicks'made the motion-to authorize the City Manager to execute a purchase order for One (1) Pierce Enforcer Pumper, Buy Board #6. 51-21 from Siddons-Martin Emergency Group, LLC for One Million;Fourteen_Thousand, Seven Hundred Seventy-Two Dollars.and no cents($1,014;772.00). Motion was seconded by Councilman Allen. For:AlL - Against:None.. Motion carried 5 to 0. D. Discussion/Action on approving D&D Construction Change Order#1 in the amount of Sixty- -.Three Thousand,::Seven Hundred Sixty-Nine:Dollars and Twenty-Four Cents ($63;769.24) -for Cibolo Valley.Drive additional rebar, six (6) manhole cone lid replacements and water system"Hot Tap" Councilman Hicks made the motion to approve D&D Construction Change Order#1 in the_ amount of Sixty-Three Thousand, Seven Hundred Sixty-Nine Dollars and Twenty-Four Cents ($0,769.24) -for Cibolo Valley Drive additional, rebar, six: (6) manhole cone:lid replacements and water system "Hot Tap". Motion was seconded by Councilman Benson. Mayor Boyle took a roll call vote: Councilman Benson — Yes.- Councilman Osorio — Yes, Councilwoman Cunningham—Yes, Councilman_ Allen—Yes, and Councilman Hicks—Yes. Motion carried 5-to 0. E. Discussion/Action on approving.D&D Construction Change.Order #2, :a net credit in the amount of -Twenty Thousands Eight Hundred Five Dollars and -Sixty-Eight Centa (- $20,805.68). Councilman Allen made the motion to approve D&D Construction Change Order #2, a net credit in the amount of Twenty Thousand,Eight Hundred Five Dollars and Sixty-Eight Cents 4 (-$20,805.68). Motion was seconded by CouncilwomanCunningham. Mayor Boyle took a roll call voter Councilman Benson — Yes,.-Councilman Osorio — Yes, Councilwoman Cunningham-Yes, Councilman Allen—Yes, and Councilman Hicks=:Yes. Motion carried 5to0. F. Discnssion/Action on approving.D&D Construction, Change -Order #3 in the amount of Fifty-Four Thousand,:Two Hundred Forty-Five Dollars and Seventy-Eight Cents$54,245.:78 for repairs to Kove Lane that will be funded by Century Communities (reimbursement to the city).. Councilman:Hicks mad the motion to approve D&D Construction,.Change Order#3 in the . :amount of Fifty-Four Thousand, Two Hundred Forty-Five Dollars'and Seventy-Eight Cents . $54,245.78 for repairs to Kove .Lane that will be funded: by Century Communities. (reimbursement to the.city). Motion was seconded:by Councilman Benson. Mayor Boyle took a roll call vote: Councilman Benson—Yes; Councilman Osorio=Yes, Councilwoman Cunningham—Yes, Councilman Allen—Yes,and Councilman Hicks—Yes.- Motion carried 5 to.0. G. Discussion/Action on approving D&D Construction Change Order#4 in the amount of Three. Hundred Seventy-Five - :Thousand, Twenty-Seven Dollars: and Sixty-Nine- Cents ($375,027:69) for pavement rehabilitation.work to North and-South Main Street... Councilwoman Cunningham made the motion to-approve-D&D Construction Change Order : - 44 in.the amount of Four:Hundred:Seventy.Thousand, Four Hundred Dollars and NinetY7. One.Cents ($470,400:91) for pavement rehabilitation work to North and South Main Street. Motion was seconded by Councilman Hicks. Mayor Boyle took a roll-call vote:Councilman Benson-Yes, Councilman Osorio -Yes, Councilwoman Cunningham—Yes, Councilman_ Allen—Yes, and Councilman Hicks—Yes. Motion.carried 5 to 0. H. Discussion/Direction to Staff on the Comprehensive Master-Plan providing for the process, -- proposed scope, schedule, community engagement and to initiate Request for Proposal (RFP). -Mr. Segovia briefed council on the Comprehensive Master Plan to include 1) Basis for the MasterPlan, 2) 1Vlaster Plan Committee, 3):Funding allocated for the update, 4)Project - Scope/Calendar, 5) Approach to engaging the Community, and 6) Council feedback on the above items: Councilman Benson would like.to get information/input upfront. Council also would like to see HOA-and Church gatherings to get input,: Councilwoman Cunningham stated that when she served on the Master Plan,:they had made several recommendations but the Master Plan Committee never saw the final product after it was put together. Does not want that to happen again. Mayor Boyle also stated we should have some trigger mechanisms in place. Master°Plan RFQ will be sent out later this week. Final draft of Comprehensive Master Plan should be brought back to Council in February 2024 for adoption. I. Presentation/Discussion/Direction to Staff regarding the City of Cibolo's redistricting process.based on the 2020 census. Mr. Reed briefly went over the redistricting process. Council;gave direction to-proceed with the release of the RFP on October 28, 2022.-Proposals are due.at 5pm November 28 with interviews on December 7th and-8th. Council will consider awarding the contract on January 10, 2023. 5 J. :Discussion/Direction to Staff to consider a traffic study to be completed for the intersection of Cibolo Valley:Drive and Bentwood Ranch Drive. This would potentially add stop signs to this intersection making it a 4-way stop. Council discussed this item and thought that it should wait Cibolo Valley Drive is complete.. : before this is done. Mr reed stated that he would get with Mr. Otto and will send to council information on how soon this possible could be done. - K. Discussion/Direction to Staff to consider.a traffic study to be completed-for the intersection of:South Main St. and Pfeil Rd. This would potentially add stop signs to this intersection making it a 3-way stop. Council did discuss this item and thought that maybe something else could be done with this intersection. Councilwoman Cunningham suggested possibly placing lighted crosswalk. Mayor Boyle told council if they or staff could come up with suggestions and we can bring it back at a later date for consideration.` L. Discussion from Councilmembers that have attended seminars,events, or meetings. Councilwoman Cunningham-stated that she attended a School Board Meeting,Joint Meeting, Townhall Meeting,and a walk thru of Steele Creek. Councilman Hicks—AAMPO Meeting: Mayor Boyle attended the Balloon Fest. M. Discussion on items Council would like to see on future agendas. Mayor Boyle stated he would like the signage item that Councilman Bone had on the agenda a few meetings ago placed back on the November meeting. Council would like to see_a process for traffic studies. N. 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 October and November.2022. 13. Ordinances A. Discussion/Action and Approval/Disapproval of an Ordinance of the City of Cibolo enacting regulations with regards to regulating the activities of commercial trucks in the City of Cibolo by amending Chapter 74, Traffic and Vehicles;providing for unlawful acts and exemptions; providing for the notification of No Thru Truck Traffic by installation of signs and markers; proving for a penalty for violation of this ordinance. Councilman Hicks made the motion to approve the Ordinance of the City of Cibolo enacting -regulations with regards to regulating the activities of commercial trucks in the City of Cibolo. by amending Chapter 74, Traffic and Vehicles;providing for unlawful acts and exemptions; providing for the notification of No Thru Truck Traffic by installation of signs and markers; proving for a penalty for violation of this ordinance. Motion was seconded by Councilman Allen. For: All; Against: None. Motion carried 5 to 0. 6 B. Discussion/Action. and Approval of an Ordinance of the City.of Cibolo regarding the rezoning of approximately 0.4934 acres located southwest of the intersection of N. Main Street and FM 1103currently. zoned High Density Single-Family. Residential (SF6). to Retail/Office (C3). (613 N. Main St.) Councilman Allen made the motion to table this item until the November 2022 meeting. Motion was seconded by Councilwoman Cunningham. For: Councilmembers: Osorio, -Cunningham, and Allen; Against: Councilmembers Benson and Hicks. Motion carried 3 to 2. C.-Discussion/Action. and Approval of an Ordinance -of-the City of Cibolo regarding the rezoning of approximately 0.5078 acres located southwest of the intersection of N. Main: Street and FM 1101.0urrently zoned High Density Single-Family: Residential (SF6) to Retail/Office (C3).::(615 N. Main St.) Councilwoman Cunningham made the motion to table this item until the November 2022 meeting. : Motion was seconded by Councilman-Allen. For: Councilmembers: Osorio, Cunningham, and:Allen; Against: Councilmenibers Benson and Hicks. Motion carried 3 to 2. D. 'Discussion/Action and Approval/Disapproval of an Ordinance' of the- City of Cibolo amending Chapter 74 Traffic and Vehicles, Article III Transportation-of Septic _Sludge;: Section 74-401 Transportation of Sludge Waste to define unlawful intracity transportation.of sludge waste based on sludge destination. Councilwoman Cunningham made the motion to approve an Ordinance of the City of Cibolo amending Chapter-.74 Traffic and Vehicles, Article III :Transportation of,:Septic Sludge; Section-7. 4-401 Transportation of Sludge Waste:to define unlawful:intracity transportation of :. . sludge waste based.on sludge destination. Motion was seconded by Councilman Benson. For: All; Against:None. Motion carried.5 to 0. E. Discussion/Action and Approval/Disapproval of anOrdinance of the City of Cibolo. amending the Unified: Development Code Articles 4, Section 4.7.4.4 G -::Buffering, referencing buffer yard requirements where.a non-residential use is adjacent to a residential use. - Councilman Benson made the motion:to table this item until the November 2022 meeting. Motion was seconded by Councilman Allen— For: Councilmembers Benson, Osorio, and Allen;Against:'Councilmembers.Cunningham and Hicks. Motion carried 3 to 2.. 14. 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 55-1:074, Personnel Matter to discuss the following: A. Discussion on the possible removal of a member of a Committee, Commission, Board:or Corporation. B. Discussion regarding the City Manager's Performance Evaluation.. 7 ... Council reconvened into Executive session at 9:56 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 10:45 p.m. No action taken on 14A. Council gave direction to Mr. Garza on item 14B to discuss contract with City Manager asdirected in Executive Session. 16. Adjournment Councilman Allen made the motion to adjourn the meeting at 10:46 p.m. Motion was seconded by Councilman Hicks. For: All; Against: None. Motion carried 5 to 0. PASSED AND APPROVED THIS 21ST DAY OF NOVEMBER 2022. N Mayor T_ ATTEST Peggy Cimics, TRMC City Secretary 8 :...