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Min CC 04/23/2019CITY COUNCIL MEETING CIBOLO MUNICIPAL BUILDING 200 S. Main April 23, 2019 6:30 p.m. MINUTES 1. Call to Order—Meeting was called to order by Mayor Boyle at 6:30 p.m. 2. Roll Call and Excused Absences — Council 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. Lindner, Mr. Garza, City Secretary Ms. Cimics, Finance Director Ms. Miranda, IT Director Mr. McDaniel, Fire Chief Niemietz, Police Chief Hugghins, Engineering and Planning Director Mr. Klein, EDC Director Mr. Luft, Assistant Planning Director Ms. Gonzalez and Public Works Director Mr. Fousse. 3. Invocation — Invocation was given by Councilman Gibbs. 4. Pledge of Allegiance —All in attendance recited the pledge of allegiance. 5. Public Hearine A. The Cibolo City Council will conduct a public hearing to hear public testimony regarding the rezoning of 2.8 acres located at 145 Sassman Road from the current zoning of Low Density Residential (SF -2) to General Commercial (C-4). Ms. Gonzalez briefed council on this item. Mayor Boyle opened the public hearing at 6:35 p.m. Mr. Cope spoke on this item and stated he did not want trash cars next to his house and he opposed the rezoning. Mayor Boyle closed the public hearing at 6:37 p.m. B. The Cibolo City Council will hold a public hearing to hear public testimony regarding the assignment of permanent zoning to properties annexed into Cibolo in 2017, generally located south of FM 78 on Haeckerville Road, Lower Seguin Road, III 10 and Santa Clara Road. Properties to be considered are proposed to be zoned Agricultural Homestead (AG), Medium - High Density Single -Family Residential (SF -5), Retail/Office (C-3) and General Commercial (C-4). Council was briefed on this items by Assistant Planning Director Ms. Gonzalez. Mayor Boyle opened the public hearing at 6:39 p.m. The following individuals spoke on this item: Prentiss Cammack did state that for the SF -5 area a retention pond would be needed as that area does have flood issues. Ben Cammack informed the council that he was only asking for what the cities long term plan called for. James Harden was concerned about flooding. He wanted everyone to look at the flood area and build up the properties before approving any changes. Ashley Zimmerman opposed the rezoning. She felt that the lots south of FM 78 should be at least one acre where they would be required to be on septic. Cassandra Kearns stated she was not against development but why not leave this agriculture. Ms. Kearns stated that builders should have to come to the city and let them know what they want to build. She also felt that Cibolo's Master Plan and the Planning & Zoning Commission were not on the same page. Kara Latimer stated that Cibolo has the ability to manage growth. Cibolo just needs to put a stop on building until they can look at the Master Plan and know what and where they see the future of Cibolo will be. Mayor Boyle closed the public hearing at 7:07 p.m. C. The Cibolo City Council will hold a public hearing to hear public testimony regarding proposed amendments to the Unified Development Code, which includes revisions to Article 1, Article 3 and Article 19; specifically to amend Section 1.12 Code Definitions, Section 3.10 Extensions of Water and Sewer Mains, Section 19.4 Block Design, Section 19.7 Water Systems and Section 19.8 Wastewater Systems. Mr. Klein briefed Council on this item. Mayor Boyle opened the public hearing at 7:11 p.m. Kara Latimer spoke in favor of this item. She appreciated all the hard work that was done by everyone to get this change made. Mayor Boyle closed the public hearing at 7:13 p.m. Citizens to be Beard 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 individuals signed up to be heard: Scott Wilson opposed the rezoning. He feels that council needs to protect the citizens that are in Cibolo now. James Harden stated he did not feel the Cibolo has the staff to handle the increase in growth. Sammy Villela introduced himself as Chairman of the newly formed Historical Committee. He stated that the committee took a tour of the old school building and would like to make sure that a room would be available for the committee to display items that the public would be able to view. Bob Hicks stated he was a board member of the Deer Creek HOA. Construction on the Deer Creek Mill and Lay did not include a sidewalk. He would like any money left over from that project be used to build a sidewalk. Gary Speer stated he had brought in the ETJ about 2 '/ years ago and does not have city services like the rest of the city. He is asking for a 20 year agreement but would like to see a 35 to 40 which is the max allowed. Cindy Spencer talked about the Sky Lantern Event that a group wanted to do at the race hack. She stated that 30 states have ban the use of sky lantern and there must be a good reason. Ms. Spencer thanked everyone for the Easter Egg Hunt and also public works for the Main St. and FM 1103 project. She also wanted to remind everyone that property owners also have rights. 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 April 9, 2019. Councilman Garrett made the motion to approve the consent agenda. Motion was seconded by Councilman Hicks. For: All; Against: None. Motion carried 7 to 0. 8. Staff Updates/Discussion A. Public Works Department B. Police Department Annual Report —Chief Hugghins gave his annual Police Report to Council. C. Administration 9. 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 Garrett made the motion to appoint Mr. Petersen to the EDC, District 2. Motion was seconded by Councilman Byrd. For: All; Against: None. Motion carried 7 to 0. Councilman Gibbs made the motion to appoint Ms. Walker to the EDC, District 3. Motion was seconded by Mr. Hicks. For: All; Against: None. Motion carried 7 to 0. Councilman Woliver made the motion to appoint Mr. Gardner to the EDC, District 6. Motion was seconded by Councilman Gannett. For: All; Against: None. Motion carried 7 to 0. Councilman Hicks made the motion to appoint Mr. Montegue to the EDC, District 7. Motion was seconded by Councilman Allen. For: Councilmembers: Schultes, Garrett, Byrd, Gibbs, Allen and Hicks; Against: Councilman Woliver. Motion carried 6 to 1. Councilman Byrd made the motion to appoint Mr. M. Hicks at an alternate to the P&Z. Motion was seconded by Councilman Gibbs. For: Councilmembers: Schultes, Gannett, Byrd, Gibbs, Allen and Woliver; Against: None; Abstain: Councilman Hicks. Motion carried 6 to 0 to 1. Councilman Byrd made the motion to appoint Ms. Spencer to the P&Z, District 2. Motion was seconded by Councilwoman Schultes. For: All; Against: None. Motion carried 7 to 0. Councilman Hicks made the motion to appoint Ms. Latimer to the P&Z, District 7. Motion was seconded by Councilman Allen. For: Councilmembers: Schultes, Garrett, Allen, Woliver and Hicks; Against: Councilmembers: Byrd and Gibbs. Motion carried 5 to 2. Councilman Woliver made the motion to appoint Ms. Delgado to the P&Z as an alternate. Motion was seconded by Councilwoman Schultes. For: All; Against: None. Motion carried 7 to 0. B. Receive/Discuss a report from the Council Annexation Sub -Committee. Councilman Gibbs gave the report from the committee. The consensus from the sub -committee was: a) continue to work on our ordinances b) continue to work with the County to explore the creation of Sub -Divisions in the County c) take no action at this time on annexation east of the city d) take no action at this time pursuing a residential moratorium. C. Discussion/Action on extending 20 year annexation agreements to existing properties east of Santa Clara Road and within Cibolo ETJ. Councilman Byrd made the motion to approve on extending 20 year annexation agreements to existing properties east of Santa Clara Road and within Cibolo ETJ. Motion was seconded by Councilman Garrett. For: All; Against: None. Motion carried 7 to 0. D. Discussion/Action to authorize the City Manager to enter into a contract with JR Sitework, M T t m fete the FM 78 Reconfiguration — Cibolo Family YMCA Driveway at on, exas o eo p Project in the amount of Four Hundred Sixty Five Thousand, Five Hundred Sixty Nine Dollars and Zero Cents ($465,569.00) and for staff to present a budget amendment at the next City Council meeting to complete the funding for this project. Councilman Woliver made the motion to authorize the City Manager to enter into a contract with JR Sitework, Marion, Texas to complete the FM 78 Reconfiguration — Cibolo Family YMCA Driveway Project in the amount of Four Hundred Sixty Five Thousand, Five Hundred Sixty Nine Dollars and Zero Cents ($465,569.00) and for staff to present a budget amendment at the next City Council meeting to complete the funding for this project. Motion was seconded by Councilman Byrd. For: All; Against: None. Motion carried 7 to 0. E. Discussion/Action to authorize the City Manager to enter into a contract with Kraftsman Commercial Playgrounds and Water Parks, Spring, Texas to design and construct a children's splash pad play area at the Cibolo Family YMCA in the amount of Two Hundred Nineteen Thousand, Nine Hundred Sixty Five Dollars and Eighty Two Cents ($219,965.82) and for staff to present a budget amendment at the next City Council meeting to complete the funding for this project. Councilman Hicks made the motion to table this item. Motion was seconded by Councilman Gibbs. For: Councilmembers: Schultes, Byrd, Gibbs, Allen, Woliver and Hicks; Against: Councilman Garrett. Motion carried 6 to 1. F. Discussion/Action on the February Check Register. Councilman Hicks made the motion to approve the February Check Register. Motion was seconded by Councilman Byrd. For: All; Against: None. Motion carried 6 to 0. (Councilman Garrett had step out during this item) G. Discussion/Action on a policy change that an individual serving on a City Council appointed committee/commission/board/corporation can only chair or co-chair one committee. This would not prevent an individual from being appointed to more than one committee. Councilman Byrd made the motion not to approve a policy change that an individual serving on a City Council appointed committee/commission/board/corporation can only chair or co-chair one committee. This would not prevent an individual from being appointed to more than one committee. Motion was seconded by Councilman Gibbs. For: Councilmembers: Schultes, Garrett, Byrd, Gibbs and Woliver; Against: Councilmembers: Allen and Hicks. Motion carried 5to2. H. Presentation/Discussion from the City Attorney on the 2019 Legislative Session Bills that have been filed that could affect how cities operate. City Attorney Mr. Garza gave a Legislative update presentation on proposed bills impacting cities. I. Presentation/Discussion from Councilmembers that have attended seminars or meetings for the City of Cibolo. Councilman Gibbs stated that Jason Wiederstein had resigned his seat on the GVSUD and if anyone was interested to contact Pat Allen at Green Valley. Mayor Boyle informed everyone on the dates for the Summer Nights Events (May 10, Jun 14, Jul 12 and Aug 2). J. 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 April and May 2019. 10. Resolutions A. Approval/Disapproval of a resolution suspending for 45 days the effective date proposed by CenterPoint Energy Resources., South Texas Division ("CenterPoint") in its application filed on or about March 28, 2019 for a rate increase pursuant to section 104.301 of the Gas Utility Regulatory Act. Councilman Gibbs made the motion to approve the resolution suspending for 45 days the effective date proposed by CenterPoint Energy Resources., South Texas Division ("CenterPoint") in its application filed on or about March 28, 2019 for a rate increase pursuant to section 104.301 of the Gas Utility Regulatory Act. Motion was seconded by Councilman Woliver. For: Councilmember: Schultes, Garrett, Byrd, Gibbs, Allen and Woliver; Against: Councilman Hicks. Motion carried 6 to 1. 11. Ordinances A. Approval/Disapproval of an ordinance of the City of Cibolo adopting a Tax Abatement Policy of Guidelines and Criteria for governing tax abatement incentives with the city limits of Cibolo and its ETJ. This item was pulled and will be brought back to the first meeting in May 2019. B. Approval/Disapproval of an ordinance of the City of Cibolo amending the Unified Development Code Article I General Provisions, Section 1.12 Unified Development 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. Councilman Hicks made the motion to approve the ordinance of the City of Cibolo amending the Unified Development Code Article 1 General Provisions, Section 1.12 Unified Development 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 Allen. For: All; Against: None. Motion carried 7 to 0. C. Approval/Disapproval of an ordinance of the City of Cibolo amending the Unified Development Code Article 3 Procedures and Applications, Section 3.10 Extensions of Water and Sewer Mains and Article 19 General Subdivision Standards, Section 19.7 Water Systems and Section 19.8 Wastewater Systems by requiring all lots outside of Cibolo City Limits to petition annexation as part of an application to seek an extension or connection to city water or wastewater systems. Councilman Gibbs made the motion to approve the ordinance of the City of Cibolo amending the Unified Development Code Article 3 Procedures and Applications, Section 3.10 Extensions of Water and Sewer Mains and Article 19 General Subdivision Standards, Section 19.7 Water Systems and Section 19.8 Wastewater Systems by requiring all lots outside of Cibolo City Limits to petition annexation as part of an application to seek an extension or connection to city water or wastewater systems. Motion was seconded by Councilman Byrd. For: All; Against: None. Motion carried 7 to 0. D. Approval/Disapproval of an ordinance of the City of Cibolo by amending the Cibolo's Code of Ordinances Chapter 2, Article IV Boards and Commissions by providing for a Court Security Committee. Councilman Hicks made the motion to approve an ordinance of the City of Cibolo by amending the Cibolo's Code of Ordinances Chapter 2, Article IV Boards and Commissions by providing for a Court Security Committee. Motion was seconded by Councilman Byrd. For: All; Against: None. Motion carried 7 to 0 12. Adiournment Councilman Garrett made the motion to adjourn the meeting at 10:14 p.m. Motion was seconded by Councilwoman Schultes, For: Councilmembers: Schultes, Garrett, Gibbs, Allen, Woliver and Hicks; Against: Councilman Byrd. Motion carried 6 to 1. PASSED AND APPROVED THIS 14TH DAY OF MAY 2019. tosh B Mayor All -717 Peggy Cimics, TRMC City Secretary