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"City of Choice
CIBOLO CITY COUNCIL .
CIBOLO MUNICIPAL BUILDIN_ G
200 S. Main
Cibolo, Texas 78108-
January 10, 2023
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 Roberts, Councilman Mahoney, Councilwoman Cunningham, Councilman Allen,
and Councilman Hicks.
3: Invocation—Invocation was given by Councilman Hicks.
4. Pledize of Allegiance =All in attendance recited the Pledge'of Allegiance.
5. Employee Reco mg 'tion
A. Ralph:De Leon-Public Works Department(15 Years).
Mr.Reed the City Manager presented Ralph De Leon from the Drainage Department a plaque
for his 15 years with the City of Cibolo.
6.. Recognition
A. Recognition by Councilman Allen to Judy Parker and Brenda Kuehner
Councilman Allen gave recognition to Judy Parker and Brenda Kuehner for looking out for
their neighbor who had not been seen for several days. They were able to enter her home
and found her in the house with no electricity and very dehydrated.. Emergency services were
called'and she was taken to the hospital. CouncilmanAllen stated that we all should be aware
of those that are elderly or- alone and if not seen call. someone for a welfare check.
'Councilman Allen.will present both ladies with a special certificate at a later date.
7: . Public Hearing
A.Public Hearing to hearing public testimony regarding a Conditional.Use Permit(CUP)for.59
acres located at FM 1103 and Rodeo Way to allow for aRestaurant,Fast Food use.
This item was briefed by Zane Rodriquez. Mayor Boyle opened the public hearing at 6`.49
p.m. No one wish to speak and Mayor Boyle closed the public hearing at 6:49 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 maybe 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(a�cibolotx.gov and vchapman(7kibolotx.gov or telephone 210-566-6111
before 5:00 pm the date of the meeting.
Mr. Cody Hicks sent an email to the City Secretary to-read during this item. He stated that:he
attended the .5k run at Niemietz Park on January 7th and was.dishearten to see that the restrooms .
.were out of order. He felt that working restrooms at such a busy Cibolo Park was unacceptable
and that the citizens expect more from Cibolo. Mr. Steve Cooper stated that he had been
appointed as the new President of the GVSUD Board. He stated that citizens serve on this board
so.the rate payers of GVSUD have a voice. He invites citizens to attend the board meetings and .:
to get involved.
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 December 13;2022.
B. Approval of the October 2022.Check Register pending final:acceptance of the City's
.financial audit for the 2022/2023 fiscal year.
C. Approval of the October 2022 Revenue and Expense Report pending final acceptance of
the City's financial audit for the 2022/2023 fiscal year. .
D. Approval of the Final Replat of Cibolo Crossing Multi-Family Phase II:
Councilwoman Cunningham made the motion to approve the consent agenda. Motion was..
seconded by Councilman Hetzel. For: All; Against: None. Motion carried 7 to 0.
10. Staff Update
A. Administration
a. Recruitment Updates.
b. Council Strategic Planning Retreat(February)
c. City Hall Annex Update
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d. City Hall Remodel Update
e. RFQs and RFPs Updates
f. EM 1103 Signal Conflict Resolution -
Mr.Reed gave:an update on the above items. Assistant City Managers.position was posted
it December. Communication Manager Jeanette Gonzalez starts on January 11th
Furniture_is being moved. into the City Hall Annex Building. Detail plans and electric
outlets for the remodel of City Hall will be�reviewed by all Department:Heads tomorrow.
City reviewing two submissions for the Comprehensive Plain and two for the Animal
Shelter review. The FM 1103 signal conflict at Orth Lane and FM.1103 will move forward
once easement is complete.
B. Police Department—Report in packet.
C. Fire Department—:Report in packet.- z
11 Discussion/Action
A. Discussion/Action authorizing the -City Manager to-execute a Public Right-of-Way Use- -
Agreement granting Centric Fiber, L.L.C. a License to construct Fiber Optic Line and
Operate a Network under certain Public Rights-of-Way for the Transportation of Data and -
Information Services to Customers.
Council had-a lot of discussion on this item. Council would like to see a map where lines
would be located. Council felt that there were to many questions on this item and not enough
time at this meeting to make a decision. Councilwoman Cunningham made the.motion to.
table this item and bring it back at a later date with additional information. Motion was
seconded.by Councilman Allen. For: All; Against: None. Motion carried 7 to 0.
12. Ordinances
A. Approval/Disapproval of an Ordinance of the :City of Cibolo granting a Franchise to the
Universal Natural Gas, LLC, d/b/a Universal Gas, Inc. 'a/k/a UNIGAS for the use of city
streets, alleys,and public ways.for a ten-year term for a natural gas utility.
Councilwoman Cunningham made the motion to table this item and to bring it back at a later
date:with additional information. Motion was seconded by Councilman Allen.: For: All;
Against:None. Motion carried 7 to 0.
13. Discussion/Action
A. Discussion/Action on Right-of-Way Funds for TxDOT.FM 1103 Reconstruction—Phase 2.
a. Approval of a Resolution authorizing execution of an Agreement with.the Texas
Department of Transportation to contribute Right-of-Way Funds (Fixed Price) for certain
Highway Improvements on FM 1103 from Rodeo Way to FM 78.
CouncilmanHicks made the motion to approve a Resolution authorizing execution of an
_Agreement with the Texas Department of Transportation to contribute Right-of-Way Funds
(Fixed Price) for:certain Highway Improvements on FM 1103 from Rodeo.Way to FM 78.
Motion was seconded by Councilman Allen. For: All, Against:None. Motion carried 7 to
0.
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b. Approval:to authorize the City Manager to execute the Agreement to Contribute Right=
of--Way Funds for the TxDOT FM 1103 Phase 2 Project.
CouncilmanHicks made the motion to approve authorizing the City Manager to execute the
Agreement to Contribute Right=of-Way Funds for the TxDOT FM 1103 Phase 2 Project.
Motion was seconded by Councilman Allen. For: All; Against:None. Motion carried 7 to
0.
B. Discussion/Action on the approval of the Preliminary Acceptance of Public Infrastructure
for Bella Rosa Unit 2.
Councilwoman Cunningham.made the motion to.approve the Preliminary Acceptance of
Public Infrastructure for Bella Rosa.Unit 2 to include:.Water 182 Linear Feet.= total
valuation $25,486.75; Sewer — 183 Linear Feet = total valuation $56;452.50; Drainage -
$17,922.00;*Public Street—713 Linear Feet=total valuation$42,909.46. Total valuation of
accepted Public Improvements dedicated to the Cityof.Cibolo: $142,770.71. Motion was
seconded by Councilman.Allen. For: All; Against: Norte. Motion carried 7 to 0.
Council went into Executive Session at.7:45 p.m. on items 13 C,D,&E as authorized by the
-Texas Gov't Code Section 551.071, Consultation with the Attorney. Council returned into
Regular Session at 8:15 p.m.
C. Discussion/Action regarding the Final Plat of Legendary Trails Unit 2,located.with the City's
Extra=Territorial Jurisdiction.
Councilman Hicks made the motion to approve the Final Plat of Legendary Trails 2, located
with the City's Extra-Territorial Jurisdiction with the following conditions: .
1. The City of Cibolo will approve the Legendary Trails.Final Plat for Unit 2 upon substantial
completion and acceptance by GVSUD of the GVSUD wastewater interceptor once it.is
constructed up to Weil Road with a continuous wastewater interceptor connection south to
the GVSUD Santa Clara Wastewater Treatment Plant.
a. As shown by City Engineer confirmation of GVSUD's representation no later 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.
Motion was seconded by Councilwoman Cunningham. For: All; Against: None. Motion
carried 7 to 0.
D. Discussion/Action regarding the Final Plat of Legendary Trails Unit 3,located with the City's
Extra-Territorial Jurisdiction.
Councilman Hicks made the motion to approve the Final Plat of Legendary Trails 3,located
with the City's Extra-Territorial Jurisdiction with the following conditions:
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1. The City of Cibolo will approve the Legendary Trails Final Plat for Unit 3 upon substantial
completion and acceptance by GVSUD of-the GVSUD wastewater interceptor once it is
constructed up to Weil:Road with a continuous wastewater interceptor:connection south to
the GVSUD Santa Clara Wastewater Treatment Plant.
a. As shown by City Engineer confirmation of GVSUD's representation no later 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.
Motion was seconded by Councilwoman Cunningham. For: All; Against: None. Motion
carried 7 to 0.
E. Discussion/Action regarding .the Preliminary Plat of Legendary Trails Unit 4,.located with
the-City's Extra-Territorial Jurisdiction.
Councilman Hicks:made the motion to approve the Preliminary Plat of Legendary Trails Unit
4, located with the City's'Extra-Territorial Jurisdiction with the following conditions:
1: The City of Cibolo will approve the Legendary Trails Final Plat for Unit 3 upon substantial.
completion and acceptance by GVSUD of the GVSUD wastewater interceptor once it is
constructed up to Weil Road with a continuous wastewater interceptor connection south to
the GVSUD-Santa Clara Wastewater Treatment Plant.
a. As shown by City-Engineer confirmation of GVSUD's representation no later 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 of
construction plans for.public infrastructure for the Legendary Trails Preliminary Plat,Unit 4.
a. City shall:conduct its normal review process in accordance with UDC and all
applicable, existing standards.
b. City shall approve construction plans once they are found to be in compliance with
applicable, existing standards.
c. Homes should be at least 60ft or have alleyways.
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Motion was seconded by Councilman Allen. For: All; Against: None. Motion carried 7 to
0.
F. Discussion/Direction for the People & Performance Department to create and distribute a
city-wide hardcopy newsletter.
Mr. Knott went over the ranking of the survey to prioritize newsletter items. There were. 18
different topics that were presented. Council did state that some of these could be combined
and others couldjust be placed on the website. By the'end of March staff should have the
firstnewsletter out or ready to go out to the citizens.
G. Discussion/Action on approving an amendment to the City Attorney's Legal Services
Agreement.
Councilman Hicks made the motion to approve an amendment to the City Attorney's Legal
Services_Agreement. Motion was seconded by CouncilwomanCunningham. For: All;
Against:None.-Motion carried 7 to 0.
H. Discussion/Direction on process to amend or remove the existing.Old Town Mixed Use
Overlay (OT) and Rezoning of Properties.
This item was°briefed by staff and a timeline was.discussed on how the information would
be given to the citizens involved in this process. There are.134 properties in-the Old Town
Mixed Use Overlay. Council agreed that communication to 'the citizens was paramount.
Council understood that some properties were re-zoned by the city without notification to the
citizens. Council does not want this to happen again. Several of the councilmembers wanted
the UDC to be looked at, townhall meeting to be held, and council needs to be actively
engaged. Letters will be sent out next week to start this process with completion date in
April.
I. Discussion/Action and authorization for the City Manager to complete the purchase order for
two :(2) Fire DepartmentQuick Response Vehicles. BuyBoard#601-19, from Gunn
Chevrolet Commercial:Fleet &. Government Sales for ($178,430) One Hundred Seventy-
Eight Thousand Four Hundred Thirty Dollars and no cents:
Councilwoman Cunningham made the motion to authorize the City Manager to complete the
purchase order for two (2) Fire.Department Quick Response Vehicles. BuyBoard#601-19,
from Gunn Chevrolet Commercial Fleet & Government Sales for ($178,430) One Hundred
Seventy-Eight.Thousand Four Hundred Thirty Dollars:and no cents. Motion was,.seconded.
by Councilman Hicks. For: All; Against: None. Motion carried 7 to 0:.
I Discussion/Presentation regarding the Cibolo Valley Drive Rehabilitation(CVD)project and
potential challenges. (Mr. Hernandez)
This item was briefed by staff. Staff stated that the current trees draw excessive amount of
moisture, causing major distress on the road. Trees could potentially hinder the longevity of .
CVD rehabilitation and surrounding infrastructure. Staff also. talked about replacement:
vegetation as well as continued maintenance going forward. Council was presented with
three options for the Cibolo:Valley Drive Tree Mitigation from north of Borgfeld Road to
Bentwood Ranch Drive. Option A: Do nothing, leave all trees. This option would cost the
city.over time on additional repair of the road. Option B: No root barrier, remove all 140
trees to mitigate future street-issues as per Geo tech expert opinion-Option C: 6' root barrier
for approximately 2,0001f and remove 79 trees. This will be done within_existing project
budget. Council talked about what a root barrier was and also how the trees that line Cibolo
Valley Drive make the entrance into Cibolo so pleasing to visitors. After much discussion
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on this item the Mayor ask which option the council wanted so staff could continue with this
project.. Councilman Roberts, Councilman Hetzel, and Councilman Hicks voted on option
A., Councilwoman Cunningham,- Councilman Benson, Councilman Allen, and Councilman
Mahoney voted on Option.C. Mayor stated that the majority of council would like to see the .
city proceed with option C.-
K.
.K. Discussion and possible action dealing with the Code Enforcement Services.
Councilman Benson stated we have ordinances we need to enforce them. .We need to hold
people accountable. He suggested a sub-committee to review the ordinances that we have.
Councilman.Benson, Councilman Roberts, and Councilwoman Cunningham volunteered to
be on this committee.
L. Discussion/Update on the City Hall HVAC System.
Councilman Hicks stated that Mr. Reed had already covered this item in his City Manager
update. -Councilman Hicks.stated he would like to see the dehumidifiers turned on. He sees
the dehumidifiers in the council chambers and council area turned off majority_of the time
when he comes into the building.
M. Discussion/Direction on the Ordinance requiring proof of :residence. to serve on a
Committee/CommissiorlB oard/Corporation.
-The City.Secretary ask the council if the ordinances passed at the last meeting.requiring
members serving on committees, _commissions, boards, and :corporation to provide a
utility(water, electric)bill in their name to prove residence be.changed. She stated that there
may be citizens that rent and their utilities are included in.the rent. There are also times that
-a utility. bill may be in the name of the spouse. Several other.reasons for changing this
ordinance were given to council. Council agreed that the.City'Secretary should have some
discretion when receiving documents to,comply with this ordinance..Council gave direction
for the City Attorney to work on changing the ordinance.to reflect this change and to bring it
back for council approval.
N. Discussion from Councilmembers that have attended seminars, events, or meetings.
Councilwoman Cunningham stated that she had attended the .5k run at Niemietz-Park and
also attended.class held by SCUCISD.
O. Discussion on items Council would like to see on future agendas.
Ordinance on Committees; Commission, Boards and Corporation residence. Centric Fiber
and franchise for Universal Natural Gas.
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. City Secretary will send an email to council for dates for
Newcomers Orientation and Strategic Plan Workshop.
14. Executive Session
The City Council will meet in Executive Session as authorized by the Texas Gov't Code
Section 55.1.071, Consultation.with Attorney and Section 551.087,;Economic.Development to
discuss the following:
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A: Economic Development Update
B. Discuss request by property owner for the.City to rescind Non-Annexation Development.:
Agreement for approximately 24 acres of land located in the City's ETJ..
Council adjourned into Executive Session at 10:22 p.m.to discuss the above items.
15. Open Session
Reconvene into Regular Session andaake/or give direction or action, if necessary, on items
discussed in Executive:Session.
Council reconvened into Regular Session at 10:50 p.m.' No action taken.
16. Adjournment
Councilwoman Cunningham made the motion to adjourn the meeting at 10:5-1 p.m. Motion
was seconded by:Councilman Benson. For: All; Against None. Motion carried 7 to 0.
PASSED AND APPROVED THIS 24TH DAY OF.JANUARY 2023:
ar
All
.Mayor
ATTEST
Peggy:Cimics; TRMC .
'City Secretary
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