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Min CC 03/12/2019y 'r C' A O r o "C40CWW CITY COUNCIL ME, );TING CIBOLO MUNICIPAL BUILDING 200 S. Main March 12, 2019 6:30 p.m. Minutes I . Call to Order — Meeting was called to order by Mayor Boyle at 6:30pm. 2. Roll Call and Excused Absences — Council Present: Mayor Boyle, Councilman Byrd, Councilman Gibbs, Councilman Allen, Councilman Woliver and Councilman Hicks; Council Absent: Councilwoman Schultes and Councilman Garrett. Councilman Gibbs made the motion to excuse the absence of Councilmembers Schultes and Garrett. Motion was seconded by Councilman Byrd. For: All; Against: None. Motion carried 5 to 0. Staff Present: City Manager Mr. Herrera, City Attorney Mr. Garza, City Secretary Ms. Cimics, Finance Director Ms. Miranda, Fire Chief Niemietz, Police Chief Hugghins, Planning & Engineering Director Mr. Klein, Public Works Director Mr. Fousse and EDC Director Mr. Luft. 3. Invocation — Councilman Woliver gave the Invocation. 4. Pledge of Allegiance — All in attendance recited the Pledge of Allegiance. 5. Presentation A. Presentation of Proclamation for Sunshine Week Mayor Boyle presented Casey Meadows with the Proclamation for Sunshine Week. 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. 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 signed up to be heard: Nick Sherman gave an update on Green Valley Special Utility District. He stated that their meetings have moved to the fourth Thursday of each month at 9am. Kristi Sutterfield stated she was the Executive Director of the Building Association and they were concerned about item 1OF on the agenda. She stated that the people building the homes in Cibolo live in Cibolo and work in Cibolo. The builders want to be part of the solution not the problem. Ms. Sutterfield also thought that the city might want to hire a third party to help with the backlog of building permits. Ms. Sutterfield also stated that for businesses to succeed there has to be homes. Gwyn Hammerson stated she felt a lack of communication in the city especially when it comes to small business owners. She felt that the planning department needed more staff and that the council needs to hold the city manager to a higher standard. Gayle Cagianut stated she supported item l OC and I OF on the agenda. Ms. Cagianut also gave a list of other cities that had put a moratorium in place. She also did not want changes made to citizens to be heard part of the agenda. Paul Buell spoke against the moratorium and felt that all UDC codes should be followed. Maggie Titterington from The Chamber spoke on events coming up to include the Taste set for March 21 at Retama. Jeff Hunt, Mayor of Santa Clara and Cibolo's neighbor to the east supported the moratorium do to more building would have an additional effect on the watershed and traffic. Cindy Spencer stated she was ashamed of the behavior of some of our councilmembers at the last meeting. She felt two staff members (Ms. Miranda and Mr. Herrera) were due an apology but did not think they would receive one. Ms. Spencer also stated that when small business owners state on social media sites not to build in Cibolo they are not helping themselves by doing this. She also did not think a moratorium was the answer to fix problems. Jennifer Fairley stated that she lived in Santa Clara and was in the construction business. She felt more building would cause more flooding, views will change and there would be more traffic. She states consider quality not quantity. Ms. Fairley was in support of the moratorium. Mark Schupp thanked council for putting a discussion on a moratorium on the agenda. He felt it would help the city catchup and slow down. Bruce Kingshott stated he had three homes go in across from him and they made noise all day and night. Nothing was done about it even when police were called. He saw no inspectors at any time at those homes. He stated he had called State, Federal and OCHA about the situation. Kara Latimer spoke on the response time for emergency personnel to show up at her home when there was an emergency. 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 Special City Council Meeting/Workshop held on February 20, 2019. B. Approval of the minutes of the Regular City Council Meeting held on February 26, 2019. C. Approval of the January 2019 Check Register pending final acceptance of the City's financial audit for the 2018/2019 fiscal year. D. Approval of the December 2018 Revenue and Expense Report pending the final acceptance of the City's financial audit for the 2018/2019 fiscal year. E. Approval of the January 2019 Revenue and Expense Report pending the final acceptance of the City's financial audit for the 2018/2019 fiscal year. Councilman Byrd made the motion to approve the consent agenda. Motion was seconded by Councilman Woliver. For: Councilman Byrd, Councilman Gibbs, Councilman Allen and Councilman Woliver; Against: Councilman Hicks. Motion carried 4 to 1. 8. Staff Updates/Discussion A. Fire Department B. IT Department — IT Director, Mr. McDaniel gave an update on "Report a Concern". Councilman Byrd had requested some information at the last council meeting on this item. Mr. McDaniel stated that this feature is built into our website and is utilized by multiple departments. This item has been used by the city since 2013. This is only one of the communication channels for citizens to use. There are ten departments that receive the reports with Public Works receiving the most followed by Code Enforcement. There were 1,062 reports received since 2013. From January 2019 the city has received 18,816 telephone calls and 26,471 emails since March 5"i. Council requested to have some additional information on the "Report a Concern". They would like to see how long it took to respond and how long it takes to close a ticket. Mr. McDaniel will bring this information back at a later date. C. Planning & Engineering Department D. Court Department E. Administration 9. Resolutions A. Approval/Disapproval of a Resolution and authorization for the City Manager to enter into a 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 Woliver made the motion to approve a Resolution and authorization for the City Manager to enter into an 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 Councilman Allen. For: All; Against: None. Motion carried 5 to 0. 10. Discussion/Aetion A. Discussion/Action to authorize the City Manager to enter into an Economic Incentive Agreement with Santikos Cibolo Theater Realty, LLC. Councilman Gibbs made the motion to authorize the City Manager to enter into an Economic Incentive Agreement with Santikos Cibolo Theater Realty, LLC. Motion was seconded by Councilman Byrd. For: Councilman Byrd, Councilman Gibbs, Councilman Allen and Councilman I -licks; Against: Councilman Woliver. Motion carried 4 to 1. B. Discussion/Action and authorization for the City Manager to execute the TxDOT Advanced Funding Agreement with the Texas Department of Transportation (TxDOT) for the FM 78 Reconfiguration Project which supports the Cibolo Family YMCA Project. Councilman Woliver made the motion to authorize the City Manager to execute the TxDOT Advanced Funding Agreement with the Texas Department of Transportation (TxDOT) for the FM 78 Reconfiguration Project which supports the Cibolo Family YMCA Project. Motion was seconded by Councilman Gibbs. For: All; Against: None. Motion carried 5 to 0. C. Discussion/Action and direction to staff on an ordinance amending the UDC Article I General Provisions, Section 1.12 Code Definitions and Article 19 General Subdivision Standards, Section 19.4 Block Design by requiring all lots sixty (60) feet or less to require vehicular access from an alley. Councilman Allen made the motion to approve an ordinance amending the UDC Article 1 General Provisions, Section 1.12 Code Definitions and Article 19 General Subdivision Standards, Section 19.4 Block Design by requiring all lots less than sixty (60) feet to require vehicular access from an alley. Motion was seconded by Councilman Hicks. For: All; Against: None. Motion carried 5 to 0. D. Discussion/Action regarding the Final Acceptance of Public Infrastructure for Foxbrook Subdivision Unit 1. Councilman Hicks made the motion to approve the Final Acceptance of Public Infrastructure for Foxbrook Subdivision Unit 1 to include: Sanitary Sewer: 6,064 lineal feet with a valuation of $271,234.45, Drainage: Drain "A" and Detention Pond "A" with a valuation of $45,873.42, Public Sheet: 3,116 linear feet with a valuation of $621,805.52 and Water: 3,914 linear feet with a valuation of $214,767.06 (GVSUD). Motion was seconded by Councilman Woliver. For: All; Against: None. Motion carried 5 to 0. B. Discussion and direction to staff on updating existing policy for "Citizens to be Heard" and establish a policy for citizens comments during public hearings to streamline Cibolo City Council and committee/commission/board meetings. Council discussed this item and agreed to make changes they would like to see and send them to the City Secretary. The City Secretary will send to Councilman Woliver who will consolidate and bring back to council at a later meeting for approval. F. Discussion and direction to staff on a Moratorium for Housebuilding in Cibolo for six (6) months while the city works on the language to update the Municipal Code and Unified Development Code due to fact that the infrastructure in Cibolo is stressed enough at this time. Council discussed this item for some time. There was a lot of input and discussion but no decision was made at this time. G. Presentation/Discussion from Councilmembers that have attended seminars or meetings for the City of Cibolo. Councilman Byrd stated that he was given the opportunity to give the Oath of Office to the new Historical Committee and he was honored. Councilman Hicks stated he had attended a TML seminar in San Marcos and the discussion was on revenue caps for cities in Texas. Councilman Hicks also received his CMO (Certified Municipal Officer) Certificate at this meeting. H. 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 for March and April 2019. 11. Ordinances A. Approval/Disapproval of an Ordinance of the City of Cibolo providing for the third amendment of the budget for fiscal year 2018-2019. Councilman Byrd made the motion to approve an Ordinance of the City of Cibolo providing for the third amendment of the budget for fiscal year 2018-2019. Motion was seconded by Councilman Allen. For: All; Against: None. Motion carried 5 to 0. B. Approval/Disapproval of an Ordinance declaring a public necessity to acquire real property interests in certain properties and authorizing all appropriate action of the city in the institution and prosecution of condemnation proceedings to acquire such properties that cannot be acquired through negotiation for the Town Creek Drainage — Haeckerville Road Reconstruction Project. Councilman Byrd made the motion to approve an Ordinance declaring a public necessity to acquire real property interests in certain properties and authorizing all appropriate action of the city in the institution and prosecution of condemnation proceedings to acquire such properties that cannot be acquired through negotiation for the Town Creek Drainage — Haeckerville Road Reconstruction Project. Motion was seconded by Councilman Woliver. For: Councilman Byrd, Councilman Gibbs and Councilman Woliver; Against: Councilman Hicks and Councilman Allen. Motion carried 3 to 2. 12. Executive Session The City Council will meet in Closed Session as authorized by Texas Govt. Code Section 551.071 Consultation with Attorney and 551.087 Economic Development to discuss the following: A. Discussion with City Attorney regarding Economic Development Project Seahorse Council convened into Executive Session at 9:35pm. 13. Open Session Reconvene into Regular Session and take/ or give direction or action, if necessary, on items discussed in Closed Session. Council reconvened into Regular Session at 10:20pm. No action was taken. 14, Adjournment Councilman Hicks made the motion to adjourn the meeting at 10:21pm. Motion was seconded by Councilman Gibbs. For: Councilman Gibbs, Councilman Allen, Councilman Woliver and Councilman Hicks; Against: Councilman Byrd. Motion carried 4 to 1. PASSED AND APPROVED THIS 26" DAY OF MARCH 2019 ATTEST: / lZ'7 Peggy Cimics, TRMC City Secretary