Min CC 11/21/2022 1 OF Cl/
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'Cityof Choice'
CIBOLO CITY COUNCIL
CIBOLO MUNICIPAL BUILDING
200 S. Main
Cibolo, Texas 78108
November 21; 2022
6:30 p.m. to Midnight
MINUTES
1. Call to Order—Meeting was called to order by Mayor Boyle at 6:31 p.m.
2. Roll Call and Excused Absences — Council 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 by Terry Hinze and the Schlather family to the.City of Cibolo.
Mr. and Mrs. Hinze presented a Yearbook from 1950 for the Old School House.
6. Presentation
A. Certificate of Recognition to Judy Parker and Brenda Kuehner— This item will be brought
back at the next meeting.
B. Cibolofest Sponsors—Mayor Boyle presented a plaque:to all the Cibolofest Sponsors.
C. Proclamation for Small Business Saturday—Councilman Osorio presented the Proclamation
for Small Business Saturday to Ms. Lee.
D. Proclamation for Veteran's Day — Councilman Hicks read the Proclamation for Veteran's
Day.
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E. Proclamation for Native American Month—Mayor Boyle read the Proclamation for Native
American Month.
F. Proclamation for.,Naming Main Street — Santa Clause Lane on November 26, 2022 —
Councilwoman Cunningham presented the Proclamation for Santa Clause Lane to Chief
Troncoso.
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' addr,'ess 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 noll-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 concernand(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, pcimics(ikibolotx.gov and vchapman(a cibolotx.govor telephone 210-566-6111
before 5:00 pm the date of the meeting.
-The following individuals spoke at Citizens to be.Heard: Dewayne.Martin and Deborah.LeGrus
spoke on the property on Lower Seguin Road that not in compliance with city codes. They stated
that they had met with city staff and feel that city has been no help in:getting this property in
compliance. They feel it is afire and safety issue..Property.is being occupied.and they have no
Certificate of Occupancy. They also wanted to know why processes are not followed equally to-
all property owners. This issue.has gone on since April with no help-from the-city. Malcolm
MacLauchlan spoke ion safety of the roads in Cibolo. He stated that:he has been to the city and
has talked to- 'staff about Santa Clara Road, Tolle Road, and Country Lane but feels nothing has
been done. He ask if there was any.accountability in the city for the roads and repair work to be
done. Before being annex into the I City of Cibolo we were in the County and the County chipped .
sealed the road every two years the City has done nothing on these_roads. There was an accident
this past weekend and a concrete mailbox was totally destroyed by a car. The driver of the car
left the vehicle as it was unable to be driven do to a broken axle but left the scene of the accident.
Vehicle was still on the side of the road this morning. Potholes on Tolle road are 8 to 10 inches
deep was told that the City-w as working on the City Hall Annex Building and will'work on
potholes when completed:with that project. Mr. MacLauchlan.wanted to know does someone
have to die before the City does anything with these roads. Joshua Deleon spoke on the rezoning
of 613 and 614 Main Street. i He ask.if council would look at rezoning the properties to C3.
Property owner would like.to sell property with all the traffic and increase of traffic with HEB
opening in the beginning of 2023. Mr. DeLeon ask if_council could remember the property
owners' reason for rezoning when they deliberate this rezoning. Kara Latimer spoke on the bond .
issue that will repair Tolle.Road. She wanted to know if all of Tolle Roade will be improved.
Mr. Latimer also wanted staff to look at the public health and safety issues on these roads. Amy
-Palmer also spoke to the road condition on Tolle Road. She stated that the mailbox that was
destroyed was hers. She was glad that no one was hurt in the accident as:the mailbox can be
replaced. She stated that the potholes and uneven road surface adds to the accidents and near
miss accidents on Tolle Road.- Ms. Palmer states.that she pays city taxes other roads get fix but
sees nothing being done in this area. Is the city waiting for someone to get killed before
something is done?
8. Old Business
A. Moratorium Analysis Report.
Council received.the Moratorium Analysis Summary Report from Mr. -Balli from Halff
Associates, Inc. . Mr. Balli went over the history Cibolo's moratorium analysis, scope of.
work, results of Public Safety GIS Analysis, results of City Sewer System Analysis, and
results of GVSUD-Sewer-System-Analysis. After going over the report, asking questions
Council agreed that Cibolo did not have enough data needed at this time for a moratorium.
Council also wanted :to address issues with some of the regulatory boards (TECQ, Texas
Water Board, and County). Council can look at this issue later if needed.
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B. Discussion/Action on the existing/proposed updates to the Signs in the City of Cibolo.
C.-:Discussion/Direction on an agreement between the City of Cibolo and Relentless Soccer.
Mr. Reed stated that staff had met with Mr. Kelly who represents Relentless Soccer to work
..out a schedule for the use of the Multi-Event field for practice. Relentless Soccer has
scheduled the use of the'f elds for Monday and Wednesday for the month of November and
December at the cost of$25.00 hour. This rate will also be given to any other Cibolo Team
that would like to use this field. Mr. Kelly has-also scheduled a one-time tournament date
at no cost for December 17th. Staff will keep council information on anychanges and
updates concerning the use of this facility-for youth sports.
D. 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 1103.:currently:-zoned High Density Single-Family. Residential (SF6) to
Retail/Office (C3).:(613 N. Main St.)
Councilman.Allen made the motion to approve anOrdinance of the City of Cibolo regarding
the rezoning of approximately 0.4934 acres located southwest of the intersection of N. Main
-Street and FM 1103 currently zoned High.Density Single-Family Residential (SF6) to
Commercial (C1). (613 N. Main St:) Motion was seconded by Councilman Bone. Mayor
Boyle took a roll-call vote: CouncilmanBenson—.No,Councilman Osorio—No,Councilman
Bone — Yes, Councilwoman Cunningham — No, Councilman :Allen — Yes, Councilman
Hetzel—No, and Councilman Hicks—No. Motion failed 2 to 5.
Councilman Benson made the motion to disapprove the 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 1103 currently zoned High Density Single-Family Residential
.(SF6)to Retail/Office (C3). (613 N. Main St.) Motion was seconded by Councilman Hicks.
Mayor Boyle took a roll call vote: Councilman Benson — Yes, Councilman Osorio — Yes,
Councilman Bone —:No. Councilwoman Cunningham — Yes, Councilman Allan — No,
Councilman Hetzel—Yes, and Councilman Hicks Yes. Motion carried 5 to 2.
E. 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 11.03 currently zoned High Density Single-Family Residential (SF6) to
Retail/Office (0). (615 N.Main St.)
Councilman Allen made the motion to approve an Ordinance of the-City of Cibolo regarding
the rezoning of approximately 0.507.8.acres located southwest of the intersection of N. Main
Street and FM 1103 currently zoned High Density Single-Family Residential (SF6)to (Cl).
(615 N. Main St.) Motion was seconded by Councilman Bone. Mayor Boyle took a roll call
vote: Councilman Benson No, Councilman Osorio —' No, Councilman Bone — Yes,
Councilwoman Cunningham—No, Councilman Allen-Yes, Councilman Hetzel-No, and .
Councilman Hicks-No. Motion failed'2 to 5.
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Councilman Benson made the motion to disapprove 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 1103 currently zoned High Density.Single-Family Residential .
(SF6)to Retail/Office(0). (615 N. Main St.)Motion was seconded by Councilman Osorio..
Mayor Boyle took a roll call vote: Councilman Benson— Yes, Councilman Osorio — Yes,
Councilman Bone :— No, Councilwoman Cunningham _ Yes, Councilman Allen - No,
Councilman Hetzel—Yes,:and Councilman Hicks—Yes. Motion carried 5 to 2.
F. Discussion/Action and Approval/Disapproval of-an Ordinance of the City of Cibolo
amending the Unified Development Code Articles .4, Section 4.7.4.4 ,G — Buffering,
referencing buffer yard requirements where anon-residential use is adjacent to a residential
use..
Councilman Hicks made the motion to approve an Ordinance 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. :Motion was
seconded by Councilman, Hetzel. For: Councilman Benson, Councilman Osorio,
CouncilwomanCunningham, Councilman Hetzel, and Councilman Hicks; Against:
Councilman Bone and.Councilman Allen:_ Motion carried 5 to 2
G. Discussion/Action and Approval/Disapproval-of an Ordinance of the City of Cibolo on a
Conditional-Use-Permit for 1.124 acres of real property located on the northeast corner of
Green Valley Road and Green Valley Loop to allow for Veterinary Services.
Councilman Hicks.made the motion to approve an Ordinance of the City of Cibolo on a
Conditional Use Permit for 1.124 acres of real property located on the northeast comer.of
Green Valley Road and Green Valley Loop to allow for Veterinary Services with the
condition no outdoor kenneling between the hours of l Opm to lam. Motion was seconded
by Councilman Benson. For: All; Against: None. Motion carried 7 to 0.
H: Discussion/Action and Approval/Disapproval of an Ordinance of the City of Cibolo on a
Conditional Use Permit for one(1)acre of real property located at 607 Country Lane to allow
for-a Manufactured Home.
Councilman Hicks made the motion to approve an Ordinance of the City of Cibolo on a
Conditional Use Permit for one(1)acre of real property located at 607 Country Lane to allow
for a Manufactured Home. Motion was seconded by Councilman Benson. For: Councilman
Benson, Councilman Osorio, Councilman Bone, Councilwoman Cunningham, Councilman
Allen, Councilman Hetzel, and Councilman Hicks; Against: None. Motion carried 7 to 0.
9. Executive Session
The City Council-will meet in Executive Session as authorized_by the Texas Gov't Code
Section 551.071,Consultation with Attorney, 551.074,Personnel Matters, and Section 551.087;
Economic Development to discuss the following:
A.Economic Development Update
B. GVSUD vs. City of Cibolo (CV No. 1:16-cv-00627-LY)
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C.Meritage Homes vs. City of Cibolo (CV No. 5:21-cv-00755-FB
D.Future Thoroughfare Plan with Cibolo/Schertz
E. Discussion on the possible removal of a member of a Committee; Commission, Board or
Corporation.
F. Discussion regarding the City Manager's Performance Evaluation.
Council convened into Executive Session at 8:38pm.
10. 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 10:43prim. Councilman Hicks made a motion
on item 9E for staff to bring back to the December meeting an ordinance or resolution for
all member of committees, commissions, boards, and corporations to have proof of
residence for-one year by having on file either a Cibolo or Green Valley water bill, an
electric bill or gas bill with there name on the document. Motion was seconded by
Councilwoman Cunningham. For: All; Against:None.: Motion carried 7 to 0.
11. Canvassing the Ballots
City Secretary's office read off the result of the District 2, 3, 7, and Mayor's race. Also read
the results of the Local Sales Tax election and the Niemietz Park Sale and Conveyance
Election.
12. Resolution
A. Approval/Disapproval of a Resolution of the City of Cibolo.canvassing the returns and
declaring the results of the.Local Sales and Use Tax Election.
Councilman Hicks made the motion to approve and accept the City of Cibolo canvassing
of the returns and declaring the results of the Local Sales and Use Tax Election. Motion
-was seconded by Councilwoman Cunningham.. For: Councilman Benson, Councilman
Osorio,Councilman 'Bone, Councilwoman Cunningham, Councilman Allen, Councilman
Hetzel, and Councilman Hicks. Against:None. Motion carried 7 to 0.
B. Approval/Disapproval of a Resolution of the City of Cibolo canvassing the returns and
declaring the results of the Sale & Conveyance of 5.6 Acres.of Land out of Niemietz Park.
.Councilman Allen made the motion to approve and accept the City of Cibolo canvassing
of the returns and declaring the results of the Sale & Conveyance of 5.6 Acres of Land out
of Niemietz Park. Motion was seconded by Councilwoman Cunningham. For: Councilman
Benson, Councilman Osorio,Councilman Bone, Councilwoman Cunningham, Councilman
Allen, Councilman Hetzel, and Councilman Hicks. Against: None. Motion carried 7 to 0.
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C. Approval/Disapproval of a Resolution of the City of Cibolo canvassing the returns and
declaring the results of a general election to elect the Mayor and Council Members for
Districts 2, 3;and 7.
Councilman Hicks made the motion to approve and accept the City of Cibolo canvassing
of the returns and declaring the results of a.general election to elect the Mayor and Council.
Members for Districts:2, 3, and.7. Motion was seconded by Councilwoman Cunningham.
For: Councilman Benson, Councilman Osorio,.Councilman Bone, Councilwoman
Cunningham, Councilman:Allen, Councilman Hetzel,.and Councilman Hicks. Against:
None. Motion carried.'7 to 0.
13. Ordinance .
A. Approval/Disapproval of an Ordinance calling a Run-Off Election to be held on January
3rd,2023 for the position of Mayor of the City of Cibolo. ..
Councilman Allen made_the motion to approve calling,for a Run-Off Election to be held
on January 3rd;2023 for the position of Mayor of the City of Cibolo. Motion was seconded
by Councilwoman Cunningham. For: Councilman Benson, Councilman Osorio.,
Councilman Bone, Councilwoman Cunningham, Councilman Allen, Councilman Hetzel,
and Councilman Hicks. Against:None. Motion carried 7 to,0.
14. Ceremonial
A. Farewell to Councilman Osorio and Councilman Bone
Mayor presented both.Councilman Osorio and Councilman Bone with gifts for-their service
to the City of Cibolo.
B. Oath of Office for Newly Elected Councilmembers.
Oath:of Office was given to both newly elected Councilman Roberts.and Councilman
Mahoney by the City Secretary Ms. Cimics.
15. Break:—Time for citizens to say goodbye to Councilmembers Osorio and Councilman Bone.and
welcome the new Councilmembers Randy Roberts'and Robert Mahoney.
Mayor Boyle called a recess at 11:05pm. Council reconvened into regular session at 11:15pm.
16. 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 25,2022.
B. Approval_of the Quarterly Investment Report ending September 30, 2022 pending final
acceptance of the City's financial audit for the.2021/2022 fiscal year.
C. Discussion/Action on the Preliminary/Final Plat of Mesa of Turning Stone - C7.
D. Discussion/Action on the Preliminary/Final Plat for Turning Stone- C6.
E. Discussion and authorization for the City Manager to complete the.purchase order for Two
'(2) F250 Quick Response. Vehicles Buy Board #601-19, from Rush Truck Center for
$178,430.00. (ARP Project FY23)
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Councilman Hicks made the motion to approve the consent agenda. Motion was seconded
by Councilwoman Cunningham. For: All; Against: None. Motion carried 7 to 0,
17. Staff Update
A. Administration
a. Active CIP Tracker Update—System online
b. City Hall Annex Grand Opening Recap—Thanked everyone.that attended
c. City Hall Remodel Update—Still working have one more meeting
d. CVD Update—Project is on schedule. :Mr.Reid also stated that Main Street from FM1103
to FM 78 will have a complete mil:and overlay. Project will be completed by December
9th. One lane will be closed at a time and flaggers will be out to control traffic.
e. Veterans Day Ceremony Recap—Positive feedback,thanked those that attended
f. Recruitment Update
g. Trophy Oaks Apartment Mural—sent final.drawing will keep council posted
B. Police Department=information,in packet
C. Fire Department—information in packet
D. Public Works Department- information in packet
E. Building/Planning Department—information in packet
18. Discussion/Action
A. Discussion/Action on appointing Jacob Jenkins, Animal Services Manager as the Local
Rabies Control Authority for the City of Cibolo:
Councilwoman Cunningham made the motion to appoint Jacob Jenkins,Animal Services
Manager as the Local Rabies Control Authority-for the City-of Cibolo. Motion was
seconded by Councilman Hetzel. For: All; Against: None. Motion carried 7 to 0.
B. Discussion/Action on approving the 7th.Amendment to the,Interlocal Agreement with the
Schertz-Cibolo-Universal City School District for School Resource Officers (SRO's).
Councilwoman Cunningham made the motion to approve the 7th Amendment to the
Interlocal-Agreement with the Schertz-Cibolo-Universal City School District for School
Resource Officers (SRO's). Motion was seconded by Councilman Hicks. For: All;
Against: None. Motion carried 7 to 0.
C. Discussion/Direction on requirements and process for residential foundation permits.
Mr. Hanson gave a briefing on the requirements and process for residential foundation
permits. Mr. Hanson briefed,on the history, consumer education and building inspections
recommendations. Council gave direction to look at other requirements that can
incrementally .improve the standard that can increase strength of the foundation. Bring
something back to council in February.
D. Discussion/Action to authorize the City Manager to execute and enter into an agreement with
ADP, Inc. in the amount of Eighty-Nine Thousand Two Hundred Ninety-Two Dollars and
Twenty-Five Cents ($89,292.25).
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Councilwoman Cunningham made the motion to approve the City Manager e and
to execute
enter into an agreement with ADP, Inc. in the amount of.Eighty-Nine Thousand Two
Hundred Ninety-Two.Dollars and Twenty-Five Cents ($89,292.25). Motion was seconded
by Councilman Allen. For: All; Against:None. Motion carried 7 to 0.
E. Discussion and authorization for the City Manager to complete the purchase order process
for networking hardware, software, and related equipment from SHI Government Solutions
through the'Texas Department of Information Resources contract (DIR-TSO-4075) in an
amount not to exceed$1839326.00.
Councilwoman Cunningham made the motion to approve the City Manager to complete the
purchase'order process for.networking hardware, software, and related equipment from SHI
Government Solutions through the Texas Department of Information Resources contract
(DIR-TSO-4075) in an amount not to exceed $183,326.00. Motion was seconded by
Councilman Allen. For: All; Against:None. Motion carried 7 to 0.
F. Discussion and Direction to Staff on setting a date for Cibolofest-2023.
Council gave direction to mark the calendar that Cibolofest 2023 will be held on October 28,
2023.
G. Discussion from Councilmembers that have attended seminars, events, or meetings.
Councilwoman Cunningham stated that she had attended the Buffalo Crossing HOA meeting.
She also attend Coffee with a Cop and a sponsor a pet event.. Councilwoman Cunningham
also attended a SCUCISD Suicide Event Training and a Big Brother/Big Sister meeting.
H. Discussion on items Council would like to see on future agendas.None at this time.-
I. 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 reviewed the calendar for November and December 2022.
19. Adjournment
Councilwoman Cunningham made the motion to adjournthe meeting at 12:05 pm. Motion
was seconded by Councilman Hetzel. For: All; Against: None. Motion:carried 7 to 0.
PASSED AND APPROVED THIS 13TH DAY OF DECEMBER 2022.
Stosh Boyle
Mayor
ATTEST
Peggy Cimics, TRMC
City Secretary-
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