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Min CC 01/09/2024rex 0,5 'City of Choice" CIBOLO CITY COUNCIL CIBOLO MUNICIPAL BUILDING 200 S. Main Cibolo, Texas 78108 January 9, 2024 6:30 p.m. to 10:30 p.m. lu 1 Q0 Y 31 1. Call to Order — Mayor Allen called the meeting to order at 6:30 p.m. 2. Roll Call and Excused Absences — Members Present: Mayor Allen; Councilman Benson, Councilman Roberts, Councilman Mahoney, Councilwoman Cunningham, Councilwoman Sanchez -Stephens, Councilman Hetzel, and Councilman Hicks. 3. Invocation — Invocation was given by Councilman Hicks. 4. Pledge of Allegiance - All in attendance recited the Pledge of Allegiance. 5. Presentation A. Presentation from the Sons of the American Revolution. Chief Troncoso received the Award for the Cibolo Firefighters from the Sons of the American Revolution. B. Presentation and Recognition to the Robinson Family for their gift of giving at Christmas by the three Robinson children that decided to sponsor 7 dogs at the Animal Shelter in lieu of Christmas gifts this year. The Robinson Family and their three children each received a certificate from Mayor Allen for their gift of giving at Christmas by the three Robinson children that decided to sponsor 7 dogs at the Animal Shelter in lieu of Christmas gifts this year. The Robinson Family also has spent countless hours helping at the Animal Shelter and are a family that truly are teaching their children the meaning of helping and giving to others. C. Discussion/Presentation on the Status of Grant Opportunities. Ms. Martinez gave a power point presentation on grants that have or are being applied for by the City of Cibolo. 6. Public Hearings A. The City of Cibolo City Council will conduct a public hearing regarding a request to rezone 432 Tolle Road, legally described as RABY ESTATES LOT 1, 1.93 AC, from the current zoning of Low Density Single -Family Residential (SF -2) to Manufactured Home District (MI ­I -1). Mayor Allen opened the public hearing at 6:57 p.m. No one wish to speak on this item and Mayor Allen closed the public hearing at 6:57 p.m. B. The City of Cibolo Council will conduct a public hearing regarding a variance to the Code of Ordinances Sec. 58-5 to allow a wall sign that does not face a right-of-way at 778 Cibolo Valley Drive. Mayor Allen opened the public hearing at 6:59 p.m. Ms. Britton spoke on the sign for Mod Pizza. She stated that they have a sign facing Cibolo Valley Drive and would like to place a sign on the back of the building facing the Walmart property. Ms. Britton did state that there were signs from other companies already on the backside of the building. Mayor Allen closed the public hearing at 7:02 p.m. C. The City of Cibolo City Council will conduct a public hearing regarding a Conditional Use Permit (CUP) for 10833 IH -10, legally described as ABS: 134 SUR: JOSE FLORES 7.5100 AC, to allow Concrete/Asphalt Batching Plant (Temporary) use. Mayor Allen opened the public hearing at 7:05 p.m. Ms. Welsh spoke to the council on this item. She stated that she has the property next to the Concrete/Asphalt Batching Plant. Ms. Welsh states that she has concerns about the smell and noise. She did state that she realizes that IH -10 and vehicle traffic does add to the noise. Mr. Lockett from TxDOT did address some of these items and he will contact and talk with Ms. Welsh about her concerns. Mayor Allen closed the public hearing at 7:12 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. The City Council may not debate any non -agenda issue, nor may any action be taken on any non -agenda issue at this time; however, the 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 peimics(a,cibolotx eov and vehapman(Rcibolotx.eov or telephone 210-566-6111 before 5:00 pm the date of the meeting. The following individuals spoke during this item: Ms. Titterington from the Chamber spoke on events and ribbon cuttings for area cities. Constable Faulker spoke to the council and all those in attendance that he is running for office in May and would like their support. Both Ms. Mahar and Ms. Welch were attending the Council Meeting as part of the Ambassadors for the Chamber. 8. 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 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 12, 2023. B. Approval of the Quarterly Investment Report ending September 30, 2023. C. Approval to authorize the City Manager to complete the purchase order for One (1) Pierce Enforcer Platform 100' and One (1) Pierce Enforcer Pumper (BuyBoard#651-21). - D. Approval to authorize the City Manager to complete the purchase order for Loose Equipment (BuyBoard#698-23). E. Approval acquisition of Furniture for City Hall and authorizing the City Manager to execute the purchase order with ODP Business Solutions. Item 8 C and item 8E were removed from the consent agenda. Councilwoman Cunningham made the motion to approve item 8A, 8B, and 8D. The motion was seconded by Councilman Hicks. For: All; Against: None. The motion carried 7 to 0. Item 8C was discussed and questions were answered by staff. Councilman Hicks made the motion to approve item 8C. The motion was seconded by Councilman Benson. For: All; Against: None. The motion carried 7 to 0. Item 8E was discussed by the council. The staff were able to answer questions on the funding for the furniture and why the furniture had not been ordered yet. The motion was made by Councilman Hicks to approve item 8E. The motion was seconded by Councilman Benson. For: All; Against: None. The motion carried 7 to 0. 9. Staff Update a. HOA Knowledge Workshop on Saturday, February 3`d, from loam to 2pm. b. State of the Cities Video c. Strategic Grant Partnership Applications (live January 2"d) d. RFP/RFQs — Animal Services Facility e. CIP Projects City Hall PW Facility Haeckerville Rd and Town Creek Drainage Phase H Dean Rd. Bolton Rd, and Lower Seguin Rd — Construction to start in January Public Safety Design (Eikon) Design and Bidding for GV Rd (2 sections), Silver Wing, Firebird Ln, and Town Creek f. Former Mayor Sam Bauder Tree Planting Saturday, January 13'h at 10:00am (City Hall) Area will be prepped by PW Dept. in front of City Hall where the Pecan Tree was removed Mr. Reed briefed the council on the items listed in 9A. Mr. Reed will follow up on the items with an email. B. Police Department (December Report) C. Fire Department a. November b. December 10. Executive Session The City Council will meet in Executive Session as authorized by the Texas Gov't Code Section 551.071, Consultation with Attorney Matters to discuss the following: A. Status of the negotiations of the GVSUD v. City of Cibolo Litigation. B. Interpretation of Chapter 42 of the Texas Local Government Code. C. Update on Superior Ready Mix of Texas, LLC v. City of Cibolo lawsuit. D. City Attorney Legal Services The council went into Executive Session to discuss the four above items at 8:19 p.m. 11. Open Session Reconvene into Regular Session and take/or give direction or action, if necessary, on items discussed in the Executive Session. The council reconvened into regular session at 9:12 p.m. Councilman Benson made the motion to approve the resolution appointing George Hyde as the new City Attorney. The motion was seconded by Councilman Hicks. Mayor Allen called for a roll call vote: Councilman Hicks — Yes, Councilman Hetzel — Yes, Councilwoman Sanchez -Stephens — Yes, Councilwoman Cunningham — Yes, Councilman Mahoney — Yes, Councilman Roberts — Yes, and Councilman Benson — Yes. The motion carried 7 to 0. 12. Ordinances A. Approval/Disapproval on authorizing the issuance of "City of Cibolo, Texas Combination Tax and Limited Pledge Revenue Certificates of Obligation, Series 2024"; providing for the payment thereof by the levy of an Ad Valorem Tax and further secured by a lien on the Pledge of the Pledged Revenues of the system in an amount not to exceed $9,000,000; and other matters in connection therewith. Councilman Hicks made the motion to approve the issuance of "City of Cibolo, Texas Combination Tax and Limited Pledge Revenue Certificates of Obligation, Series 2024'; providing for the payment thereof by the levy of an Ad Valorem Tax and further secured by a lien on the Pledge of the Pledged Revenues of the system in an amount not to exceed $9,000,000; and other matters in connection therewith. The motion was seconded by Councilman Hetzel. For: All; Against: None. The motion carried 7 to 0. B. ApprovaVDisapproval regarding an Ordinance amending Article 13, Use Tables, Section 13.1, Residential Uses, of the City's Unified Development Code (UDC), to remove the allowance of a Conditional Use Permit (CUP) for a manufactured home from the SF -2 Single -Family Residential Zoning District. The motion was made by Councilman Benson to approve the Ordinance amending Article 13, Use Tables, Section 13.1, Residential Uses, of the City's Unified Development Code (UDC), to remove the allowance of a Conditional Use Permit (CUP) for a manufactured home from the SF -2 Single -Family Residential Zoning District. The motion was seconded by Councilman Hicks. For: Councilmembers: Benson, Roberts, Mahoney, Cunningham, Hetzel, and Hicks; Against: None; Abstained: Councilwoman Sanchez -Stephens. The motion carried 6 to 0 to 1. C. Approval/Disapproval of an Ordinance of the City of Cibolo to extend the term for CPS Franchise Agreement and Consideration of Additional 1% Franchise Fee. The motion was made by Councilwoman Cunningham to approve the Ordinance of the City of Cibolo to extend the term for CPS Franchise Agreement and Consideration of Additional 1 % Franchise Fee. The motion was seconded by Councilman Roberts. For: Councilmembers: Roberts, Mahoney, Cunningham, and Sanchez -Stephens; Against: Councilmembers: Benson, Hetzel, and Hicks. The motion carried 4 to 3. D. Approval/Disapproval of an Ordinance of the City of Cibolo providing for the First Amendment of the Budget for the Fiscal Year 2023-2024. The motion was made to approve an Ordinance of the City of Cibolo providing for the First Amendment of the Budget for the Fiscal Year 2023-2024. The motion was seconded by Councilwoman Sanchez -Stephens. For: All; Against: None. The motion carred 7 to 0. E. Approval/Disapproval of an Ordinance of the City of Cibolo Repealing and Replacing Ordinance 1256, Purchasing Policy, and Procedures of the City of Cibolo. The motion was made by Councilwoman Cunningham to approve an Ordinance of the City of Cibolo Repealing and Replacing Ordinance 1256, Purchasing Policy, and Procedures of the City of Cibolo. The motion was seconded by Councilman Mahoney. For: Councilmembers: Benson, Roberts, Mahoney, and Cunningham; Against: Councilmembers: Sanchez -Stephens, Hetzel, and Hicks. The motion carried 4 to 3. F. Approval/Disapproval of an Ordinance of the City of Cibolo amending the Through Track Traffic Ordinance adding two streets to the Ordinance. The motion was made by Councilman Hicks to approve an Ordinance of the City of Cibolo amending the Through Truck Traffic Ordinance adding two streets to the Ordinance. The motion was seconded by Councilman Roberts. For: All; Against: None. The motion carried 7to0. G. Approval/Disapproval of an Ordinance of the City of Cibolo to amend Article 13 Use Table to remove a Conditional Use Permit (CUP) for a manufactured home from the SF -2 Single - Family Residential Zoning District. This item was pulled from the agenda. H. Approval/Disapproval of an Ordinance of the City of Cibolo granting a variance request to UDC Sec. 18.17.A to waive the requirement for sidewalks for certain real property located at 508 North Main Street, legally described as Lot 2, Northside Addition .32 AC. The motion was made by Councilman Benson to approve an Ordinance of the City of Cibolo granting a variance request to UDC Sec. 18.17.A to waive the requirement for sidewalks for certain real property located at 508. North Main Street, legally described as Lot 2, Northside Addition .32 AC. The motion was seconded by Councilman Hicks. For: All; Against: None. The motion carried 7 to 0. I. Discussion/Action regarding an Ordinance of the City of Cibolo regarding a rezoning for 2.227 located at 12090 IH -10 West, legally described as ABS: 134 SUR: JOSE FLORES 2.227 AC, from the current zoning of General Commercial (C-4) District to Agricultural — Homestead (AG). The motion was made by Councilman Hicks to approve an Ordinance of the City of Cibolo regarding a rezoning for 2.227 located at 12090111-10 West, legally described as ABS: 134 SUR: JOSE FLORES 2.227 AC, from the current zoning of General Commercial (C-4) District to Agricultural — Homestead (AG). The motion was seconded by Councilman Benson. For: Councilmembers: Benson, Roberts, Mahoney, Cunningham, Sanchez - Stephens, and Hicks; Against: Councilmember Hetzel. The motion carried 6 to 1. 13. Discussion/Action A. Discussion/Action on the election of a Mayor Pro -Tem. A motion was made by Councilman Roberts to nominate Councilwoman Cunningham as the Mayor Pro -Tem. The motion 'was seconded by Councilman Mahoney. For: Councilmembers: Roberts, Mahoney, and Cunningham; Against: Councilmembers: Benson, Sanchez -Stephens, Hetzel, and Hicks. The motion failed 3 to 4. A motion was made by Councilman Benson to nominate Councilman Hicks for Mayor Pro -Tem. The motion was seconded by Councilwoman Sanchez -Stephens. Before a vote was taken there was a lot of discussion between the council on this item. The vote was taken — For: Councilmembers: Benson, Sanchez -Stephens, Hetzel, and Hicks; Against: Councilmembers: Roberts, Mahoney, and Cunningham. The motion carried 4 to 3. B. Discussion/Action on an Interlocal Agreement between Guadalupe County and the City of Cibolo for Infrastructure Improvements for the construction of Dean Road, Lower Seguin Road and Bolton Road and authorization for the City Manager to sign the Agreement. Councilman Hicks made the motion to approve an Interlocal Agreement between Guadalupe County and the City of Cibolo for Infrastructure Improvements for the construction of Dean Road, Lower Seguin Road and Bolton Road and authorization for the City Manager to sign the Agreement. The motion was seconded by Councilwoman Cunningham. For: All; Against: None. The motion carried 7 to 0. C. Discussion/Action on the Preliminary Plat of Steele Creek Unit 9. Councilman Hicks made the motion to approve the Preliminary Plat of Steele Creek Unit 9. The motion was seconded by Councilwoman Cunningham. For: All; Against: None. The motion carried 7 to 0. D. Discussion/Action regarding the CityGPT proposal to develop and provide Alexa Virtual Assistant Skills for the City of Cibolo. Councilman Hicks made the motion to table this item until more information is obtained. The motion was seconded by Councilman Roberts. For: All; Against: None. The motion carried 7 to 0. E. Discussion and direction if council wants to move forward concerning an amendment to Chapter 14, Article 1, Section 14-2, to revise Section 603.4.2 of the 2015 Edition of the Uniform Plumbing of the City's Code of Ordinances. The council gave direction to move forward with an amendment to Chapter 14, Article 1, Section 14-2, to revise Section 603.4.2 of the 2015 Edition of the Uniform Plumbing of the City's Code of Ordinances. F. Discussion/Action on the information campaign related to the Public Safety Building and the Animal Shelter Facility proposed to be on the November 2024 Election Ballot. Councilwoman Cunningham made the motion to table this item until the next meeting. The motion was seconded by Councilman Hicks. For: All; Against: None. The motion carried 7 to 0. G. Discussion/Action on the plan for complete update of the UDC in regard to the Old Town Overlay. Councilwoman Cunningham made the motion to table this item until the next agenda. The motion was seconded by Councilman Hicks. For: All; Against: None. The motion carried 7 to 0. H. Discussion/Action on the appointment of a Legal Firm for the City of Cibolo. This item was taken care of when the council cam out of executive session earlier in the agenda. I. Discussion on Crime Prevention Strategies. Councilman Benson stated that this had been covered and he did not need any additional information at this time. J. Discussion on "No Thru Trucks" sign for Lower Seguin Road. The council will receive an ordinance at the next meeting to address this item. K. Discussion and direction from Council on a Neighborhood Traffic Management Program (NTMP). Mr. Gomez gave a briefing to council on aNeighborhood Traffic Management Program. The council. The council had an opportunity to ask questions. Mr. Gomez received positive feedback from the council. L. Discussion/Action on an amendment to the UDC Sec.18.17.A on the requirement for sidewalks in Old Town. Councilwoman Cunningham made the motion to table this item until the next meeting. The motion was seconded by Councilwoman Sanchez -Stephens. For: All; Against: None. The motion carried 7 to 0. M. Discussion and direction on placing informational signs in front of City Buildings. This item was discussed by Councilman Hicks on exactly what he was looking at for the buildings. N. Discussion from Councihnembers that have attended seminars, events, or meetings. Councilman Hicks made the comment that they are close to start working on FM 1103. Councilman Hetzel stated that he attended a Senior Event .on January 11a, at the Senior Center. Councilwoman Sanchez -Stephens attended NEP and Tri -County. Councilwoman Cunningham attended several meetings, and she gave some dates for Cibolo BBQ and Senior Prom. O. Discussion on items the City Council would like to see on future agendas. If the council wants items added to the next agenda they will send an email. 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. The council went over the January and February calendars. 14. Adioumment Councilman Hicks made the motion to adjourn the meeting at 11:34 p.m. The motion was seconded by Councilwoman Sanchez -Stephens. For: All; Against: None. The motion carried 7to0. PASSED AND APPROVED THIS 23RD DAY OF JANUARY 2024. Mark Allen Mayor ATTEST Peggy Cimics, TRMC City Secretary