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Min CC 7/25/2023T f X 1. S "City of Choice CIBOLO CITY COUNCIL NOBLE GROUP EVENT CENTER 203 S. Main Cibolo, Texas 78108 July 25, 2023 6:30 p.m. to 10:30 p.m. lu 1 Qlyy*y Call to Order — Meeting was called to order by Mayor Allen at 6:31 p.m. 2. Roll Call and Excused Absences — Council Present: Mayor Allen, Councilman Benson, Councilman Roberts, Councilman Mahoney, Councilwoman Cunningham, Councilwoman Sanchez -Stephens, Councilman Hetzel, and Councilman Hicks. Invocation- Invocation was given by Councilman Hicks. 4. Pledge of Allegiance — All in attendance recited the Pledge of Allegiance. Public Hearin¢ A. The City of Cibolo City Council will hold a public hearing to hear public testimony regarding a variance for Sec. 18.2.H.5 of the UDC to reduce the required 60 feet right-of-way lot frontage to 51 feet for certain real property located at 1809 Green Valley Road. Mayor Allen opened the public hearing at 6:55 p.m. No one wish to speak on this item and Mayor Allen closed the public hearing at 6:56 p.m. B. The City of Cibolo and City Council will hold a public hearing to hear public testimony regarding a variance for 504 Pfeil Road to eliminate the requirement for sidewalks per Sec. 18.17.A of the UDC. Mayor Allen opened the public hearing at 6:58 p.m. The following individuals spoke on this item. Ms. Kearns stated that she has no place to put a sidewalk. There are Live Oak trees, and a drainage ditch and heritage trees are not supposed to be removed. The UDC does state that two of the reasons to not put sidewalks would be engineering cost and loss of tree canopy. Ms. Kearns wanted to know why she is required to put a sidewalk when even the city does have sidewalks on property in Old Town. Many of the businesses on Main Street have no sidewalks. Ms. Kearns said for placing money in escrow she does not trust the city just to hand over money to the city. No one else spoke on this item and Mayor Allen closed the public hearing at 7:10 p.m. C. The City of Cibolo City Council will hold a public hearing to hear public testimony regarding a rezone for 1442 Haeckerville Road from the current zoning of Low Density Single -Family Residential (SF -2) District to Agricultural -Homestead (AG) District. This item had been withdrawn but was advertised in the newspaper for a public hearing. Mayor Allen opened the public hearing at 7:10 p.m. go give individuals the opportunity to speak on this item. No wish to speak and Mayor Allen closed the public hearing at 7:11 p.m. D. The City of Cibolo City Council will hold a public hearing to hear public testimony regarding a rezone for 143.059 acres of Property ID #63802, located at the corner of Town Creek Road and Weidner Rd, extending up to Green Valley Road, from the current zoning of Low Density Single -Family Residential (SF -2) District to Medium Density Single -Family Residential (SF - 4) District. Mayor Allen opened the public hearing at 7:11 p.m. The following individuals spoke during this item. Mr. R. Hinze stated that his family has served the city for many years, and they have seen the city grow. The property being talked about my mother lived on and we will continue to live on as the family will be keeping 30 acres of the property. This property is surrounded by S176 for years. Mr. Santana stated that he moved into Cibolo seven years ago. Mr. Santana wanted to know if any studies have been done on livestock, traffic, and environment. He also stated that this area needs lighting, there is no sidewalks, and the roads need to be upgraded before we have any new development in this area. Mr. Tooze stated why would anyone want to put homes in a flood zone. The area has water on the roads and flooding is a major issue. Mr. Justice stated that the development would have an impact on the wildlife in the area. He also said change to lower density not a higher density. Ms. Feutz opposed the change due to the increase it would have on traffic on Town Creek Road. She also stated it would not be safe for the wildlife and citizens safety. She also stated that the schools are already overcrowded. Ms. Wilson read by the City Secretary. Ms. Wilson is opposed to the rezoning. Ms. Wilson has lived along the undeveloped greenspace that adjoins Schlather Park, just a few hundred yards downstream from the flow of stormwater runoff for the proposed new development. She states that she has witness increase flooding along that undeveloped space. She has spoke with city staff in Public Works in 2019 and again in 2021 requesting a solution to the backup of stormwater. Ms. Wilson did provide pictures. In June of this year the City mowed a small strip of grass, but it has never been mowed again. Ms. Simpson read by the City Secretary. She is concerned about the rezoning and development of this property to SF4, primarily because the property includes a major FEMA floodway for our city that is vital to the drainage, and ultimately the safety of our community. She is concerned about the increase in the amount of water that will flow through the floodway which will bring additional runoff or displacement of water caused by the development in this area, even with the use of detention ponds. Ms. Latimer spoke and stated that all families have value, but we need to slow down growth. Ms. Latimer also stated that public works needs to make sure that low water crossing are safe. Mr. Rush opposed the rezoning. He also wanted to know if the property had already been sold. Mr. J. Schlather spoke on the flooding and said that the engineers would be doing a study as required. He also stated that nothing was being built in the flood zone and detention ponds will be built. There will be 52 acres available for the wildlife. The developer wants to build approximately 200 homes similar to those homes in Western Mesa. Engineers will also due a traffic study and there will be two exits off Wiedner Road and one-off Green Valley Road. Mr. Schlather stated there would be no impact on Town Creek Rd. Mr. Schlather stated that the City would need to address the low water crossing if this development is built or not. He also stated that the P&Z made a decision on personal agenda and not on facts. Mr. Schlather stated that Bella Rosa two years ago was changed from S172 to S176, and Mesa Western was changed two years ago from SF2 to S174. Ms. Roberts wanted to know if they exit from this development into Buffalo Crossing how will this effect Buffalo Crossing development. Ms. Burns also opposes the rezoning for the same reasons as already stated. Mr. Knight opposes the rezoning as he does not feel the infrastructure can handle this development. Ms. Gomez read by Councilwoman Cunningham. She opposes the rezoning and has concerns about the flooding. Mr. Schmidt the developer for the property stated that SF4 in compatible to what is around this property. We are not building anything in the flood plain. The homes would be at least 30 feet from the flood area. They plan on building 205 homes on 111 acres. All homes will have 3 car garages and the cost of the homes will be in the $600,000 range. Mayor Allen closed the public hearing at 8:12 p.m. At this time Mayor Allen moved to item 12 on the agenda. E. The City of Cibolo City Council will hold a public hearing to hear public testimony regarding a disannexation request for 1.22 acres located at 12424 111 10 W, and 2.23 acres located at 12090 11110 W. Mayor Allen opened the public hearing at 9:07 p.m. Mr. Smith spoke on the non -annexation agreement in 2010. Mr. Smith also stated that currently he has two buildings on the property. No one else wish to speak on this item and Mayor Allen closed the public hearing at 9:21 p.m. F. The City of Cibolo City Council will hold a public hearing to hear public testimony regarding Redistricting changes from seven (7) single member districts to four (4) single member districts and three (3) at large based on the 2020 Census. Mayor opened the public hearing at 9:24. No one wish to speak, and the public hearing was closed at 9:24 p.m. 6. 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 3 email pcimics(a,cibolotx.Eov and vchaaman(a)cibolotx.eov or telephone 210-566-6111 before 5:00 pm the date of the meeting. The following individuals spoke during this item. Mr. Smith just wanted to let council know his son's property is mot in the City of Cibolo. Mr. McGlothin read an email from Mr. Mathis. He stated that the four individuals that voted to ignore the 50 citizens that spoke in support of Mr. Cooper you are the swamp. Mr. Mathis also wrote that the replacement that Councilwoman Sanchez -Stephens nominated to take Mr. Cooper's position is the wife of her husband's boss. Mr. McGlothin said he had done research and knows that the City Attorney passed the bar in 1987and the council needs to listen to his legal opinion. Council needs to find a way to work together. Ms. Latimer and Ms. Brown spoke on GVSUD and the public safety and welfare of the citizens. They went into detail on the GVSUD income loss for the past five years. Ms. Latimer also spoke on the amount of debt GVSUD has. Council was given several sheets of paper with all the information both Ms. Latimer and Ms. Summer spoke about. Ms. Feutz spoke on the rezoning and the 30 ft. leeway that the developer spoke about. She stated that when they build, she wanted to know where all the current flood water will go. She also asks will the development add to the current flood zone. 7. 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 July 11, 2023. B. Approval of the May 2023 Check Register pending final acceptance of the City's financial audit for the 2022/2023 fiscal year. C. Approval of the May 2023 Revenue and Expense Report pending final acceptance of the City's financial audit for the 2022/2023 fiscal year. D. Approval of the Final Plat of Quik Trip 4050. E. Approval of the Preliminary Plat of Homestead Subdivision Unit 1. F. Approval of the Replat of Cibolo Plaza. Councilman Hicks made the motion to approve the consent agenda. Motion was seconded by Councilwoman Cunningham. For: All; Against: None. Motion carred 7 to 0. 8. Staff Update A. Administration a. Recruitment process b. RFQs and RFPs c. CII' Update d. Redistricting Survey Update e. CSN July Event Recap Due to the time Mr. Reed will send updates to council by email. B. Fire Department — in packet C. Public Works Department — in packet 9. Ordinances A. Approval/Disapproval of an Ordinance of the City of Cibolo reducing the required fifteen (15') foot buffer between the off-street parking use area and the abutting public right-of-way to five (5') feet for the property located at 508 N Main St. Councilman Hicks made the motion to table this item until the August 8ch Council Meeting. Motion was seconded by Councilman Roberts. For: Councilman Benson — Yes, Councilman Roberts — Yes, Councilman Mahoney — Yes, Councilwoman Cunningham — Yes, Councilwoman Sanchez -Stephens — Yes, Councilman Hetzel — Yes, and Councilman Hicks — Yes. Against: None. Motion carried 7 to 0. B. Approval/Disapproval of an Ordinance of the City of Cibolo regarding a Conditional Use Permit (CUP) for property located out of 510 Opie Lane to allow for Manufactured Home Residential Use. Councilman Benson made the motion to approve an Ordinance of the City of Cibolo regarding a Conditional Use Permit (CUP) for property located out of 510 Opie Lane to allow for Manufactured Home Residential Use with removing 1-2,1-3, and 1-4 from the ordinance. Councilman Mahoney seconded the motion. For: Councilman Hicks — Yes, Councilman Hetzel — Yes, Councilwoman Sanchez -Stephens — Yes, Councilwoman Cunningham — Yes, Councilman Mahoney — Yes, Councilman Roberts — yes, and Councilman Benson — Yes. Against: None. Motion carried 7 to 0. C. Approval/Disapproval of an Ordinance of the City of Cibolo amending the Code of Ordinances Chapter 74 (Traffic and Vehicles), Section 74-124 (Operation of Vehicles) to add a speed zone for Main Street from the intersection of FM 1103 in a southerly direction to the intersection of Loop 539, a distance of approximately 0.82 miles, to 25 miles per hour. Councilman Hicks made the motion to approve the Ordinance of the City of Cibolo amending the Code of Ordinances Chapter 74 (Traffic and Vehicles), Section 74-124 (Operation of Vehicles) to add a speed zone for Main Street from the intersection of FM 1103 in a southerly direction to the intersection of Loop 539, a distance of approximately 0.82 miles, to 25 miles per hour. Motion was seconded by Roberts. For: Councilman Benson — Yes, Councilman Roberts — Yes, Councilman Mahoney — Yes, Councilwoman Cunningham — Yes, Councilwoman Sanchez -Stephens — Yes, Councilman Hetzel — Yes, and Councilman Hicks — Yes. Against: None. Motion carried 7 to 0. 10. Resolutions A. Approval/Disapproval of a Resolution of the City of Cibolo to adopt rules for the electronic receipt of bids or proposals. Councilman Hicks made the motion to approve the Resolution of the City of Cibolo to adopt rules for the electronic receipt of bids or proposals. Motion was seconded by Councilwoman Sanchez -Stephens. For: Councilman Hicks — Yes, Councilman Hetzel — Yes, Councilwoman W Sanchez -Stephens — Yes, Councilwoman Cunningham — Yes, Councilman Mahoney — Yes, Councilman Roberts — yes, and Councilman Benson — Yes. Against: None. Motion carried 7 to 0. : Councilman Benson — Yes, Councilman Roberts — Yes, Councilman Mahoney — Yes, Councilwoman Cunningham — Yes, Councilwoman Sanchez -Stephens — Yes, Councilman Hetzel — Yes, and Councilman Hicks — Yes. Against: None. Motion carried 7 to 0. 11. Discussion/Action A. Update from TxDOT on road projects. Mr. Locket from TxDOT briefed council on the FM 1103 project. He did let council know that the project is delayed due to conflict with some of the telecommunications', fiber, and water lines. TxDOT is working with consultants and will be putting everything under one consultant instead of several. They will be meeting later this week or early next week and Mr. Lockett stated it could be a year before they have a Rill design. He will be working on a timeline so Cibolo could share with the public. TXDOT will get mowing done in the area and also will be doing a 9in mil and overlay repairing pot holes that are on FM 1103 until the project can get back on track. B. Discussion/Action on authorizing the City Manager to negotiate contracts for city engineer and on-call engineering services. Councilman Hicks made the motion to authorize the City Manager to negotiate contracts for city engineer and on-call engineering services. Motion was seconded by Councilwoman Sanchez -Stephens. For: Councilman Hicks — Yes, Councilman Hetzel — Yes, Councilwoman Sanchez -Stephens — Yes, Councilwoman Cunningham — Yes, Councilman Mahoney — Yes, Councilman Roberts — yes, and Councilman Benson — Yes. Against: None. Motion carried 7 to 0. C. Discussion/Direction to Staff on bringing back to City Council an Ordinance amending the Cibolo Fee Schedule for Utilities (Water and Wastewater). Council informed staff to look at where we can possible cut fees and to bring an ordinance amending the Cibolo Fee Schedule for Utilities (Water and Wastewater) back to council for approval. D. Discussion/Action on a fiscally constrained FY24 5 Year CIP. Councilman Hicks made the motion to approve the FY24 5Year CIP. Motion was seconded by Councilwoman Cuningham. For: All; Against: None. Motion carried 7 to 0. E. Discussion/Action on a Telework Policy. Councilwoman Sanchez -Stephens made the motion to approve a Telework Policy and to bring back to council in January statistic on how this program is working. Motion was seconded by Councilwoman Cunningham. For: Councilman Hicks —No, Councilman Hetzel — Yes, Councilwoman Sanchez -Stephens — Yes, Councilwoman Cunningham — Yes, Councilman Mahoney — Yes, Councilman Roberts — yes, and Councilman Benson — No. Against: None. Motion carried 5 to 2. F. Discussion/Direction on the FY24 Holiday Schedule Council had no objection to the FY24 Holiday Schedule as presented. 11 G. Presentation/Direction on the Enterprise Fleet Management Program Council told staff to move forward on the Enterprise Fleet Management Program. H. Presentation and review of the Special Revenue Funds. Council went over the Special Revenue Funds. Council did inform staff that they did not want to raise the cost of wristbands for Cibolofest. I. Discussion from Councilmembers that have attended seminars, events, or meetings. Councilwoman Cunningham attended Summer Nights. Councilman Mahoney attended the Disaster Active Shooter event held at Steele High School. J. Discussion on items the City Council would like to see on future agendas. None at this time. K. 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 July and August. City Secretary will send out dates for the Ethics Training. 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 and 551.087 Economic Development to discuss the following: A. City of Cibolo vs. GVSUD No. 17-938. B. Economic Development Updates C. Development Agreement for Omni Group D. Discuss whether to accept determination of Ethics complaints reviewed by legal. E. Discuss UDC changes and the Old Town Overlay District. Council convened into Executive Session at 8:13 p.m. 13. Open Session Reconvene into Regular Session and take/or give direction or action, if necessary, on items discussed in the Executive Session. Council reconvened into regular session at 9:02 p.m. No action taken. Council moved back to item 5 E on the agenda. 14. Adiournment Councilman Hicks made the motion to adjourn the meeting at 12:26 a.m. Motion was 7 seconded by Councilwoman Cunnigham. For: All; Against: None. Motion carried 7 to 0. PASSED AND APPROVED THIS 8TH DAY OF AUGUST 2023. Mark Allen Mayor ATTEST Peggy Cimics, TRMC City Secretary