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Min CC 01/08/20194 Or C" R O r o �X0 "City 0 Ch.ke CITY COUNCIL MEETING CIBOLO MUNICIPAL BUILDING 200 S. Main January 8, 2019 6:30 p.m. Minutes 1. Call to Order — Meeting was called to order by Mayor Boyle at 6:37pm. 2. Roll Call and Excused Absences — Members Present: Mayor Boyle, Councilwoman Schultes, Councilman Garrett, Councilman Byrd, Councilman Gibbs, Councilman Allen, Councilman Woliver and Councilman Hicks; Staff Present: City Manager Mr. Herrera, City Attorney Mr. Garza, City Secretary Ms. Cimics, Finance Director Ms. Miranda, Fire Chief Niemietz, Police Chief Hugghins, Public Works Director Mn Fousse, Planning & Engineering Director Mr. Klein, IT Director Mr. McDaniel, EDC Director Mr. Luft and Asst. Planning & Engineering Director Ms. Gonzalez. 3. Invocation — Invocation was given by Councilman Hicks. 4. Pledge of Allegiance — The Pledge of Allegiance was led by Austin Brister. 5. Presentation A. Presentation of Certificate of Civic Excellence for Cibolo resident. Councilman Woliver, District 6 presented a Certificate of Civic Excellence to Austin Brister for his stellar display of character, compassion and selfless act of kindness. B. Presentation of Certificate of Appreciation for Veterans Day Ceremony. Certificates of Appreciation for the Veterans Day Ceremony were given to the members of the Steele High School Band and the Veterans Administration for their support at this Event. C. Presentation of 5 Year Service Award to Larry Busch from the Utility Department. Mr. Herrera, City Manager presented the 5 Year Service Award to Larry Busch, Cibolo Utility Department employee. D. Proclamation for School Choice Week. Mayor Boyle read a proclamation for School Choice Week. 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-ln 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, and not to any individual member thereof. Any person making personal, impertinent, or slanderous remarks while addressing the Council may be requested to leave the meeting. The following citizens spoke during Citizens to be Heard: Kevin Raynor spoke on signs being taken down by a city employee advertising his Santa program in Buffalo Crossing. He stated even with signs taken down he had 208 kids that visited. Larry Johnston stated he was delighted with the meeting held with the Annexation Sub -Committee. He thank them for looking at everything and for being open minded. Mark Schupp also thanked everyone for the annexation meeting and for listening to the citizens. Gayle Cagianut stated that the meeting with the Sub Committee was a good positive meeting. Joe Cagianut thanked those that were present at the Sub -Committee meeting and thanked everyone for the openness and exchange of ideals. Would like to see a few more meetings. Jim Russell stated that he and his wife just recently joined the Schertz Senior Center. He questioned if everyone that joins needs a free lunch and may need to do a means test at some time. Mr. Russell stated that he did not see the money in the current budget for this item. He would also like to see an update on Wiederstein Road. Lisa Jackson (Amy Thomas, Penny Jennings, Benita Bolter all gave their time to Lisa Jackson) first spoke on a subject she had previous spoke about, a building contractor who had taken the money from a couple small business owners before finishing the work and project. Ms. Jackson did not feel that the city was doing anything to help these small businesses. The City has shown some support recently and hopes that the City will not let this contractor do this to any other person in Cibolo. Ms. Jackson also spoke on bullying especially over social media and the harm it does to everyone involved. She challenged the Mayor and City Council to stand up to the bullying and to unfollow and leave any group on social media that shows exploitation of individuals and businesses with the Cibolo community Ms. Jackson also talked about the non-profit The Little Black Dress Society and gave books to the two new council members that did not receive them before. She had hoped that the other members had an opportunity to read the book. Essie Mianabi spoke on the Raceway located on IH -10 in Cibolo. Randolph Smith spoke on the issue at 824 Alpino. He stated that this issue has been going on since 2016 and they still have livestock animals and have recently added additional animals. The problem is it is a health hazard, noisy, smells, disruptive and causing mold. He states that there is unknown liquid which he believes is urine on the side of the house. Mr. Smith states that he is a disable vet and this situation is causing additional medical issues for him and his wife. Ralph Himelriek a member of the Turning Stone HOA Board and he stated he would like to address item 9A. He states that Mr. Smith has brought the issue of 824 Alpino to the HOA. He has visited Mr. Smith's house and saw many of the animal at the 824 address. He witness the urine puddling and the odor. The HOA has sent letter to this address with no reply. HOA supports what the City needs to do to get this house in compliance with the City Ordinances. JC Dufresne talked about the Schulmeier property that has been plotted and if the new Inter -Local with the County would effect this property. He also stated that the City Council has the leverage as they do not have to give sewer service to the 25 lots that the builder is requesting. Kara Latimer stated that the Inter -Local item H and I is a little confusing as the numbers should be the same and someone should look at this. 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 and will be considered as part of the order of business.) A. Approval of the minutes of the Regular City Council Meeting held on December 11, 2018. B. Approval of the October 2018 Check Register pending final acceptance of the City's financial audit for the 2018/2019 fiscal year. C. Approval of the October 2018 Revenue and Expense Report pending the final acceptance of the City's financial audit for the 2018/2019 fiscal year. Councilman Hicks made the motion to approve the consent agenda. Motion was seconded by Councilman Garrett. For: All; Against: None. Motion carried 7 to 0. 8. Staff Updates/Discussion A. Fire Department B. IT Department — Mr. McDaniel gave an update on the web site usage for the year. C. Planning & Engineering Department D. Court Department E. Administration 9. Executive Session The City Council will meet in Closed Session as authorized by Texas Govt. Code Section 551.071 Consultation with Attorney to discuss the following: A. Discussion with City Attorney regarding violation(s) of the enforcement of Chapter 10 of the City's Code of Ordinances located at 824 Alpino, Cibolo, TX 78108. B. Discussion with City Attorney regarding citizen complaint filed against Economic Development Director Glenn Weber. Council convened into Executive Session at 7:48pm. 10. Open Session Reconvene into Regular Session and give or take direction or action on the following items, if necessary, discussed in Closed Session: A. Give or take direction or action, if necessary, regarding violation(s) of the enforcement of Chapter 10 of the City's Code of Ordinances located at 824 Alpine, Cibolo, TX 78108. B. Give or take direction or action, if necessary, regarding items discussed in Closed Session. Council reconvened into Regular Session at 8:45pm. 10A. Councilman Allen made the motion to file a civil enforcement action to enforce Chapter 10 of our city ordinances. Motion was seconded by Councilwoman Schultes. For: All; Against: None. Motion carried 7 to 0. 1013. No action taken. 11. Discussion/Action A. 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 January and February 2019. 12. Resolution A. Approval/Disapproval of a Resolution of the City of Cibolo on entering into a Funding Partnership with the Texas Department of Transportation (TxDOT) to continue expansion of FM 1103 from the end of the current TxDOT Project at Rodeo Way to the eastern terminus of the City's improvements at the intersection of FM 1103/Main Street. 3 Councilman Gibbs made the motion to approve the Resolution of the City of Cibolo on entering into a Funding Partnership with the Texas Department of Transportation (TxDOT) to continue expansion of FM 1103 from the end of the current TxDOT Project at Rodeo Way to the eastern terminus of the City's improvements at the intersection of FM 1103/Main Street. Motion was seconded by Councilman Hicks. For: All; Against: None. Motion carried 7 to 0. B. Approval/Disapproval of a Resolution and Interlocal Cooperation Agreement between Guadalupe County and the City of Cibolo for regulating Subdivision in the Extraterritorial Jurisdiction of the City of Cibolo and within the unincorporated areas of Guadalupe County. Councilman Hicks made the motion to approve the Resolution and Interlocal Cooperation Agreement between Guadalupe County and the City of Cibolo for regulating Subdivision in the Extraterritorial Jurisdiction of the City of Cibolo and within the unincorporated areas of Guadalupe County. Motion was seconded by Councilwoman Schultes. For: All; Against: None. Motion carried 7 to 0. 13. Ordinances A. Approval/Disapproval of an Ordinance of the City of Cibolo to rezone 124.753 acres of certain real property located at 3641 Santa Clara Road from the current zoning of Retail/Office (C-3) to Mixed Use Regional Employment Center (MURE). Councilman Woliver made the motion to approve the Ordinance of the City of Cibolo to rezone 124.753 acres of certain real property located at 3641 Santa Clara Road from the current zoning of Retail/Office (C-3) to Mixed Use Regional Employment Center (MURE). Motion was seconded by Councilman Gibbs. For: Council Members: Schultes, Gannett, Byrd, Gibbs, Woliver and Hicks; Against: Councilman Allen. Motion carried 6 to 1. 14. Adiournment Councilman Garrett made the motion to adjourn the meeting at 9:09pm. Motion was seconded by Councilman Hicks. For: All; Against: None. Motion carried 7 to 0. PASSED AND APPROVED THIS 22ND DAY OF JANUARY 2019. 5055 . Mayor ATTEST Peggy Cimics, TRMC City Secretary