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Min CC 3/14/2023PC 40 -0ty of Choke' CIBOLO CITY COUNCIL CIBOLO MUNICIPAL BUILDING 200 S. Main Cibolo, Texas 78108 March 14, 2023 6:30 p.m. to 10:30 p.m. MINUTES Call to Order — Meeting was called to order by Mayor Allen at 6:31 p.m. 2. Roll Call and Excused Absences — Members Present: Mayor Allen, Councilman Benson, Councilman Roberts, Councilman Mahoney, Councilwoman Cunningham, Councilman Hetzel, and Councilman Hicks. 3. Invocation — Councilman Roberts gave the Invocation. 4. Pledge of Allegiance — All in attendance recited the Pledge of Allegiance. 5. Recognition A. Recognition to Chief Hugghins for 10 years of service with the City of Cibolo. City Manager Mr. Reed presented Police Chief Hugghins a plaque for ten years of service to the City of Cibolo. 6. Gary Kelly Award Presentation Mayor Allen presented the Gary Kelly Award to Mr. Fries for his service to the City of Cibolo. 7. Proclamation A. Proclamation for American Red Cross Month. Proclamation was read by Mayor Pro -Tem Hicks for American Red Cross Month. 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 pcimicsna cibolotx.eov and vehapman(i4cibolota.¢ov or telephone 210-566-6111 before 5:00 pm the date of the meeting. The following individuals spoke at Citizens to be Heard: Adam Savoie talked about EV charging stations in the downtown area. He also stated that he seems that we are trying to right a wrong that happen in 2010 on rezoning. Mr. Savoie said let those that want to stay commercial stay commercial and those that want to be residential let them be residential. Romero Villanueva talked about the cement trucks and plant on Bolton Road which makes a lot of noise at all hours of the day and night. The dust kills the vegetation and the traffic is terrible with trucks going 65mph down Bolton Rd. Parker Gilman talked about the pond behind HEB. He understands that this property has not been turned over to the city yet. He talked about keeping the area clean and people being responsible for picking up after themselves. He pointed out that several people are using the walking trail. He would like people to catch and release so others can enjoy the benefit of fishing. Maggie Titterington thanked everyone that comes out to the ribbon cuttings no matter what city is having those events. She briefed council on upcoming events. Ms. Titterington also stated that there will be a Meet the Candidate Night for those that are on the Cibolo Ballot for District 5. The event will be on April 4th in the Cibolo Council Chambers from 6:30pm to 8pm. Jayme Mathis stated that Cibolo had a vision two decades ago but unfortunately, we never followed through with that vision. He would like Cibolo to partner with maybe HEB or Santikos to have signs across Main Street at FM 78 and Main and FM 1103 and Main to say Old Town. Andrew Brooks talked about how Santikos is coming back from Covid and have seen an increase in revenue. He talked about how Santikos help with sponsorships to include Blood Drives, Car Shows, Toy Drive, BBQ Cookoff, and Chamber Events to mention a few. Mr. Brooks stated that they plan on continuing this in the coming year and hopes to add additional sponsorships. Cassie Kearns stated that residents she has talked with seem more concerned with drainage issues and speeding than with re -zoning. Verna Crawford felt there was a lack of transparency in the 2010 re -zoning. She stated that letters have been sent out to all the residents, affidavits have been completed and residents should be allowed to rezone to residential. Ms. Crawford stated that the Old Town neighborhood is just important as the new sub -divisions that have come into the city over the years. She feels that she is being robbed of her peaceful life so businesses can make money. Rianne Sykefvenke representing the Big Brothers/Big Sister organization stated that they are always looking for volunteers. They are also looking for individuals that would like to serve on the Board of Directors. If interested please contact the organization. 9. Public Hearing A. The City of Cibolo City Council will conduct a public hearing to hear public testimony regarding a rezoning for residentially used properties located within the Old Town Overlay District which are currently zoned commercial. The rezoning is specific to properties that were rezoned from residential to commercial in 2010. Mayor Allen opened the public hearing at 7:48 p.m. The following individuals spoke at this public hearing. Jeff McGlothlin ask if the downtown zoning notices were sent out by certified mail. Jayme Mathis stated what started this process was — 1. Homeowners where 2 being tax more for their property as being commercial than if residential. Checking with Guadalupe Co. I have been told that that is not true. 2. Improperly appraised or had to get a commercial appraisal. Guadalupe Co. states that they are being appraised on what their property is being used for, either commercial or residential 3. Citizens were never notified in 2010. We now know that that was not correct. Mr. Mathis spoke later in this public hearing on the noise ordinance. He stated that everyone got together and came to an agreement on this issue. Noise should not be brought up on re -zoning. Cassandra Kearns stated that if people feel that this re -zoning will stop people from being harassed by someone wanting to buy their property it will not. Developers or businesses still will contact homeowners to see if they want to sell. Ms. Kearns said she had placed an open records request on how many letters have been returned. She stated don't repeat history, don't re- zone if they have not answered the letter. Information given out has been incorrect. There is nothing wrong with the zoning we have today. Ms. Kearns also spoke again later during this item. She said the U.C. is re -doing there roads and wants businesses like Cibolo to come to their city. Businesses in Cibolo are being approached by other cities. Cibolo or Cibolo businesses must be doing something right. Cody Hicks stated that he has lived in Cibolo for 27 years. If people want to be commercial let them be commercial. If they do not return letter or fill out form, they should be residential. Mr. C. Hicks said that the downtown area is affordable housing for Cibolo and it is the only place in Cibolo with affordable housing. Jaden Hicks stated that she wanted it left to the people on either commercial or residential. Commercial is not fair to everyone — than rezone the entire city C-2. Ms. Hicks also stated do you want a bar with loud music in your backyard. Ms. Hicks also spoke again on this item and said she does not hear the train that takes just a few minutes to go by but the music last for hours. Liz Mathis stated that she has had a business in Cibolo for seven years. She loves to make a town into a destination place for people. Ms. Mathis states that she has three residential properties and three businesses in Cibolo. She feels that the city is the most difficult place to work with. Businesses are constantly getting complaints and complaints and Cibolo is driving businesses away. Mayor Allen closed the public hearing at 8:21p.m. B. The City of Cibolo City Council will conduct a public hearing to hear public testimony regarding a rezone for Property ID: 69580, located on Haeckerville Road, from the current zoning of Low Density Residential (SF -2) to Medium Density Residential (SF -4). Mayor Allen opened the public hearing at 8:23 p.m. The following individuals spoke: Jeff Zimmermann stated that he has lived in Cibolo 54 years of his 66 years. They enjoyed the unobstructed sunsets. He accepted the SF -2 but higher density. We live at the lowest part of the property and have improper drainage. You cannot let the water drain on to my property. When it rains Haeckerville Rd floods. The Planning and Zoning Commission disapproved this item and I hope council does not overturn there decision. Keep density low. Pat Reilly owns land south of this property. The roads cannot manage SF -4. Drainage will become more of an issue. Keep at SF -2 as SF -4 would not benefit the citizens nor Cibolo. Ashley Zimmermann stated that she is the Chair of the Planning and Zoning Commission but recused herself from this item when presented to the P&Z. She stated that Haeckerville Road is terrible and can not handle anymore traffic. Ms. Zimmermann states there is no sewer in this area and the developer would have to put sewer in. Flooding is an issue and will take major infrastructure to get water down to the drainage ditches. The Master Plan states that south of FM 78 should stay rural or low density. She hopes that council will not change the recommendation of the P&Z. Alex Puentes the developer for this property stated that future plans for Cibolo call for Haeckerville Rd to be reconstructed. He stated that he has 28 acres 3 and needs S174 to start infrastructure. He also stated this is where he will have his home. Public hearing was closed by Mayor Allen at 8:50 p.m. C. The City of Cibolo City Council will conduct a public hearing to hear public testimony regarding a Conditional Use Permit (CUP) for the property located at 146 Motts Parkway to allow Concrete Asphalt Batching Plant (Permanent) use. This item will not be heard and will be reposted. The Planning and Zoning Commission will hear this public hearing on April 12. City Council will hear this public hearing on April 25. D. The City of Cibolo City Council will conduct a public hearing to hear public testimony regarding a Conditional Use Permit (CUP) for Property ID: 63567, located on Zuehl Road, to allow Vehicle Storage use. Mayor Allen opened the public hearing at 8:59 p.m. Grover Wright stated that this property floods and floods the entire property. Wanted to know if the property will be fenced and will the evaluation be raised. This facility is a 24hr operation and there are all diverse types of people at all hours of the night. There are people that home school their children and it will be impossible with all the noise. Barbara White stated that her son would like to move to their property but that may be impossible if this company is allowed to rezone. Ground water is about 20ft, the well on their property would be useless if this type of business is allowed. Trash is all over the place and trucks coming and going all night. Drainage is a problem in the area already. Bobby Wright states that they have lived on there property for over 17 years. They have six children and all of them are home schooled. The noise will interfere with the children learning. Flooding in this area has always been a problem and can see it get worse with this development. Ted Wright has seen trucks come in after midnight. He wants to continue to live in his home peacefully. Flooding will become more of an issue. Amber Green stated that this would be an 8 to 5 business with routine maintenance. Trucks would be temporary parked at the facility. She would like to have a clarification from the Planning Department on exactly what zoning is appropriate for this business. Mayor Allen closed the public hearing at 9:14 p.m. 10. 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 February 28, 2023. B. Approval of the January 2023 Check Register pending final acceptance of the City's financial audit for the 2022/2023 fiscal year. C. Approval of the January 2023 Revenue and Expense Report pending final acceptance of the City's financial audit for the 2022/2023 fiscal year. Councilman Hicks made the motion to approve the consent agenda. Motion was seconded by Councilwoman Cunningham. For: All; Against: None. Motion carried 6 to 0. 11. Staff Update A. Administration a. Recruitment process — Grant writer did not show will recruit again. b. New Council Orientation — Scheduled for March 31. c. Strategic Management Workshop - March 17. d. RFQs and RFPs — Mr. Reed will send email to council on this item. e. CIP Update — Will send by email. E Buffalo Valley Rebellion select softball organization — Will be meeting with Ms. Petry g. City Council SWOT Update h. Opioid Settlement — Resolution completed in 2021 no other action needed I. Setting date for first Town Hall Meeting — Ms. Cimics will send email to council on dates 12. Executive Session The City Council will meet in Executive Session as authorized by the Texas Gov't Code Section 551.071, Consultation with Attorney to discuss the following: A. Discuss past and current process for adoption of zoning ordinances and zoning maps. (Mr. Wayne Reed) Council went into executive session at 7:21 p.m. to discuss the above item. 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 7:43 p.m. No action taken. 14. Discussion/Action A. Discussion/Action on the removal, appointments, and re -appointments to Planning and Zoning Commission, Board of Adjustments, Capital Improvement Program (CIP) Committee, Charter Review Committee, Master Plan Committee, Youth Council, Cibolo Economic Development Corporation Board, Animal Advisory Board, and all other Committees, Commissions and Boards. Councilman Hicks made the motion to appoint Judy Womack to the Master Plan Committee as the representative from the Historic Committee. Motion was seconded by Councilman Roberts. For: All; Against: None. Motion carried 6 to 0. Councilman Hicks made the motion to appoint Mark Schupp to the Master Plan Committee as the ETJ representative. Motion was seconded by Councilman Benson. For: All; Against: None. Motion carried 6 to 0. Councilman Benson made the motion to appoint Cody Hicks to the Master Plan as the representative from the Parks Commission. Motion was seconded by Councilwoman Cunningham. For: Councilman Benson, Councilman Roberts, Councilman Mahoney, Councilwoman Cunningham, and Councilman Hetzel; Councilman Hicks recused himself from the vote. Motion carried 5 to 0. Councilman Roberts made the motion to appoint Greg Williams to EDC representing District 2. Motion was seconded by Councilman Mahoney. For: All; Against: None. Motion carried 6to0. 5 Councilman Hicks made the motion to appoint Marie Falcon to both the Board of Adjustments and the Historic Committee. Motion was seconded by Councilman Hetzel. For: All; Against: None. Motion carried 6 to 0. B. Discussion/Action and authorization for the City Manager to execute Amendment No. 3 to the Chapter 380 Economic Incentive Agreement between the City of Cibolo and Santikos Theater Realty, LLC. Councilman Hicks made the motion to authorize the City Manager to execute Amendment No. 3 to the Chapter 380 Economic Incentive Agreement between the City of Cibolo and Santikos Theater Realty, LLC. Motion was seconded by Councilwoman Cunningham. Mayor Allen called for a roll call vote. Councilman Benson — Yes, Councilman Roberts — Yes, Councilman Mahoney — Yes, Councilwoman Cunningham — Yes, Councilman Hetzel — Yes, and Councilman Hicks — Yes. Motion carried 6 to 0. C. Discussion/Action on process concerning Rezoning of Properties located in the Old Town Mixed -Used Overlay District (OT) from C-2 to Medium Density Single -Family Residential (SF -4). Mr. Reed the City Manager has been given direction on this item at previous meeting. D. Discussion/Action concerning a Consultant Contract by and between the City of Cibolo and Quorum Architects Inc., ("Consultant') for Professional Consulting Services for the future needs assessment and recommended improvements to the Cibolo Animal Shelter. Councilman Hicks made the motion to approve a Consultant Contract by and between the City of Cibolo and Quorum Architects Inc., ("Consultant') for Professional Consulting Services for the future needs assessment and recommended improvements to the Cibolo Animal Shelter and to come back with a Good, Better and Best option. Motion was seconded by Councilwoman Cunningham. Mayor Allen called for a roll call vote. Councilman Hicks — Yes, Councilman Hetzel — Yes, Councilwoman Cunningham, Councilman Mahoney, Councilman Roberts, and Councilman Benson. Motion carried 6 to 0. E. Discussion/Action on Capital Improvement Program (CIP) Overview, Tolle Road Design, and proceeding with portion of the nine other Road Projects. Councilman Hicks made two motions on this item. First item - Councilman Hicks made the motion to move forward on the Tolle Road and to reallocate 1.6m toward this project to offset the cost. Motion was seconded by Councilman Benson. Second motion — Councilman Hicks made the motion to move forward with 1,2,3,4,6 and 7 projects to include a geotechnical engineer approval. Motion was seconded by Councilman Benson. Mayor Allen called for a roll call vote. Councilman Benson — Yes, Councilman Roberts — Yes, Councilman Mahoney — Yes, Councilwoman Cunningham — Yes, Councilman Hetzel — Yes, and Councilman Hicks — Yes. Motions passed with a vote of 6 to 0. F. Presentation on an upcoming internet fiber upgrade by AT&T. Mr. Fousse the Public Works Director gave a presentation on the Fiber Optic Project. Mr. Fousse stated that no permit had been approved for this project at this time but will issue in the near future. Staff will give direction to AT&T that they must provide written notification to the property owners in the area that will be affected by the work. Notification will include expected start date along with estimate time to complete. City will post this project on our social media platform. G. Presentation from the City Attorney Mr. Frank Garza on Texas Legislation bills that have been filed in Austin that will affect the City of Cibolo. Mr. Garza the City Attorney provide council with a several bills that have been filed in Austin that could affect the City of Cibolo. Mr. Garza did inform council that the deadline to file has not passed and additional bills could be filed. Mr. Garza will send an additional list that may apply to cities after the deadline to file is over. H. Discussion on City Parks and the availability, maintains, and upkeep. This item was brought up by Councilman Hicks. He stated that the Cibolo City Parks need maintenance. Councilman Hicks states that there are wide cracks making it dangerous for children to play on the field at Veterans Park. Rich Park is in the same shape as we have left these Parks to deteriorate. Several of the Councilmembers express the same stating that maintenance is lacking at all Parks in the City they want the Parks in Cibolo to look presentable and useable to the citizens.. Grants are available for Parks and the City needs to look into these opportunities. I. Discussion/Action to evaluate each property inside the City of Cibolo, that do not currently meet the International Fire Code laws for ingress, egress, and fire hydrants with a fire truck test, and if the property passes begin providing fire services. Councilman Benson stated that we needed to identify the properties and take a fire truck down the road. If they can get the truck down and back than we start to provide fire services to those properties. Council did not take action on this item. J. Discussion/Action regarding all properties inside the City of Cibolo, which do not currently meet the International Fire Code laws as well as the UDC for ingress, egress, and fire hydrants. Councilman Benson wanted the city to look at all properties in the city that do not meet the International Fire Code but also the UDC for ingress, egress, and fire hydrants. He would like to know how many properties are in this category. No action was taken by council. K. Discussion/Action for investigation of 4164 Lower Seguin Road, plat process though Conditional Use Permit (CUP). No action was taken but Councilman Benson ask to have someone look to see what happen on this plat process. L. Discussion/Action to remove the authority for staff to approve plats and place back in the authority of council per section 212.006. Councilman Benson briefly went over his concerns and why council needs to bring the authority back to council. Council did not take action. M. Discussion/Action regarding the Preliminary Acceptance of Public Infrastructure for Foxbrook Subdivision Unit 5. Councilman Hicks made the motion to approve the Preliminary Acceptance of Public Infrastructure for Foxbrook Subdivision Unit 5 to include Sanitary Sewer - 2,971 LF with a total valuation of $250,809.03; Public Street — 2,323 LF with a total valuation of $568,815.95; Drainage — 3 Drains with a total valuation of $161,129.40; Parkland Improvements — Sidewalk Pathway at 2,725 LF total valuation of $164,200.40. Total valuation of accepted Public Improvements dedicated to the City of Cibolo is $1,144,954.78. Motion was seconded by Councilwoman Cunningham. For: All; Against: None. Motion carried 6 to 0. 7 N. Discussion/Action regarding the Preliminary Acceptance of Public Infrastructure for Red River Ranch Subdivision Unit 6. Councilwoman Cunningham made the motion to approve the Preliminary Acceptance of Public Infrastructure for Red River Ranch Subdivision Unit 6 to include: Sanitary Sewer — 8" Main (1,304 LF), 15" Main (624 LF), 6" Lateral (1,878 LF) total valuation of $220,755.61; Water — 8" Pipe (1,424 LF) total valuation of $110,275.02; Public Street — 1,905 LF total valuation of $359,752.86. Total valuation of accepted Public Improvements dedicated to the City of Cibolo $690,783.49. Motion was seconded by Councilman Hicks. For: All; Against: None. Motion carried 6 to 0. O. Discussion/Action on the Final Plat of Grace Valley Ranch Unit 1, located within the City of Cibolo's Extra Tentorial Jurisdiction. Councilman Hicks made the motion to postpone this item to the next meeting. Motion was seconded by Councilman Benson. For: All; Against: None. Motion caned 6 to 0. P. Discussion from Councilmembers that have attended seminars, events, or meetings. Councilman Hicks attended AAMPO meetings. Councilman Hetzel attended the Alamo Area Senior Committee Meeting, Councilwoman Cunningham attended Big Brothers/Big Sisters and School District, and Councilman Mahoney attended the TML Mid -Year Conference, The Chamber, and Northeast Partnership Meeting (NEP). Q. Discussion on items Council would like to see on future agendas. Councilwoman Cunningham would like the estimated cost for Niemietz Park (Building, Pavilion, etc.) This will be provide to Joint Sub -Committee in April. Councilman Benson would like a council sub -committee for the Planning and Zoning Commission. 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 calendars for March and April. 15. Adjournment Councilman Benson made the motion to adjourn the meeting at 11:10 p.m. Motion was seconded by Councilman Hicks. For: All; Against: None. Motion caned 6 to 0. PASSED AND APPROVED THIS 28TH DAY OF MARCH 2023 Mark Allen Mayor ATTEST: Peggy Cimics, TRMC City Secretary