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Min CC 03/26/2019or qa hl O r o lC%F 'tllynl ChnV<' CITY COUNCIL MEETING CIBOLO MUNICIPAL BUILDING 200 S. Main March 26, 2019 6:30 p.m. MINUTES 1. Call to Order — Meeting was called to order at 6:32pin by Mayor Boyle. 2. Roll Call and Excused Absences — Council Present: Mayor Boyle, Councilwoman Scbultes, Councilman Garrett, Councilman Byrd, Councilman Gibbs, Councilman Allen, Councilman Woliver and Councilman Hicks; Staff Present: City Manager Mr. Herrera, City Attorney Mr. Lindner, City Secretary Ms. Clinics, Finance Director Ms. Miranda, IT Director Mr. McDaniel, Fire Chief Niemietz, Police Chief Hugghins, Public Works Director Mr. Fousse, City Planner Ms. Gonzalez, Director of Planning and Engineering Mr. Klein and EDC Director Mr. Luft. 3. Invocation — Invocation was given by Councilman Allen. 4. Pledge of Allegiance — All in attendance recited the Pledge of Allegiance. S. Presentation A. Presentation of the Employee of the Year for 2018. Police Office Ram Hernandez was awarded the Employee of the Year Award for FY 2018. B. Presentation, discussion and acceptance of the audited Comprehensive Annual Financial Report for fiscal year ending September 30, 2018. Presentation from Deborah Fraser from Armstrong, Vaughan & Associates, P. C. Councilman Hicks made the motion to accept the audited Comprehensive Annual Financial Report for fiscal year ending September 30, 2018. Motion was seconded by Councilman Woliver. For: All; Against: None. Motion carried 7 to 0. 6. Public Hearing A. The Cibolo City Council will conduct 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, IH -10 and Santa Clara Road. Properties to be considered are proposed to be zoned Agricultural Homestead (AG), Low Density Single -Family Residential (SF -2), Medium -High Density Single -Family Residential (SF -5), Retail/Office (C-3) and General Commercial (C-4). City Planner Lisa Gonzalez briefed the City Council on this item. Mayor Boyle opened the public hearing at 6:59pm. The following individuals spoke at the public hearing: Cassandra Kearns stated she received a letter mailed March 81 but made no mention of SFS. She also stated that the owner had ask for a change the morning of the P&Z meeting — how can they do that. Sarah Koranek stated she opposed the S175 and requested that council consider the residents. At this time the Mayor called for an executive session on this item pursuant to Section 551.071 Consultation with Attorney. Council convened into executive session at 7:lOpm. Council re -convened into regular session at 7:29pm. No action taken. Mayor Boyle ask if anyone else wish to speak on the public hearing. Cassandra Kearns spoke again on this item and felt that this item should go back to the P&Z for a public hearing due to the changes. She felt the citizens were not informed of the changes so they did not have the ability to speak either for or against possible changes to the zoning. Adam Savoie stated that he lived next store to one of the properties being re -zoned and never received a letter. Mayor Boyle closed the public hearing at 7:35p.m. 7. 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 individuals signed up to be heard: Gayle Cagianut when using other communication methods such as email she does not normally get a response back. Ms. Cagianut spoke on item 1013 expiring non -annexation agreements. She also stated that she does not represent anyone in the ETJ she only represents her husband and herself. Joe Cagianut stated that he doesn't always attend the meetings but Ire does watch it on-line. Mr. Cagianut stated that Cibolo needs to identify the problems (roads, drainage, sewer, etc.) and maybe slowing this problems down with a limited moratorium. The city also needs to work with the county and the ETJ so that everyone is involved. Keven Raynor stated that Parkinson Month is in April and he hope everyone will wear the blue band he gave out last year. He also has been trying to get a 5K run/walk in support of those suffering with Parkinson Disease. He is looking for someone that can help organize the event. Robert Roberson also spoke on item 1013. He felt that non -annexation agreements should be extended as there is no wastewater service, roads are bad and there is drainage issues. He also ask about the tier one and tier two city status. Kara Latimer spoke on item 10A. She spoke in favor of the variance as the purple color is a color branding his business (Purple Leef). She states that Dr. Jackson is a veteran and that is business is dedicated to natural healing. Jayme Mathis stated he served on the UDC and the committee spent numerous hours going over changes. Once we go outside the ordinance we set a precedent. He also gave some information on not having enough inspectors and proposed a solution of 10 pre -approved outside inspectors. He gave several things the inspectors would have to do to be qualified. Cindy Spencer congratulated Officer Ram for his selection of employer of the year. She mention the success of Kite Day and thanked Carole Herr and Angela Dodd and all the Parks Committee. Mark Shupp stated that many of the non -annexation agreements were not property executed as they were missing signatures or not signed. Justin Hamilton sent a letter which was read by the mayor. He was asking for volunteers to help judge the homeschool speech program to be held in New Braunfels. Nick Sherman letter was read by Councilman Allen. Mr. Sherman stated that Green Valley Special Utility District meetings are the third Thursday of each month at 9am. Starting in August the meeting will move to the fourth Thursday at 9am. Donovan Jackson spoke on the ETJ and that many laws seem to not involve them which does not sometimes make since and that's why individuals come to council for help. Carole Herr thanked everyone for the support they gave to the Kite Event this past weekend. Glenn Weber thanked the Parks Commission for a great event. He also said a moratorium may look good on paper but landowners have rights and we don't want to forget that. Lis Mathis gave her time to Jayme Mathis. Mr. Mathis spoke on inspections and lack of communication. Adam Savoie spoke on item 1013. He stated he brought property that had a non -annexation agreement and he did not know that when buying the property. He does not feel he is in an agreement he is against annexation and sees no benefit in it. Melissa Tovar spoke in opposition of item 1013. She feels the city should inform ETJ members of zoning. changes although it is not required by the Texas Local Government Code. Jim Russell stated that many issues being discuss by council takes strong leadership (integrity and transparency). The UDC committee spent a lot of time on changes and we need to follow it. Annexation Agreements may have some problems but council needs to make decisions that are good for tax payers of the city. Mr. Russell thanked finance for a great audit. Melvin Hicks stated be responsible for your mistakes. 8. 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 March 12, 2019, Councilman Gibbs made the motion to approve the consent agenda. Motion was seconded by Councilman Woliver. For: All; Against: None. Motion carried 7 to 0. 9. Staff Updates/Discussion A. Public Works Department B. Administration —Mr. FTerrera reminded council of the Grand Opening of El Sereno for tomorrow at loam 10. Discussion/Action A. Discussion/Action regarding property located within the Old Town Mixed Use Overlay District at 205 South Main Street for an appeal to UDC Section 8.3.23 — Building Colors. Councilman Gibbs made the motion to deny an appeal to UDC Section 8.3.2.B — Building Colors regarding property located within the Old Town Mixed Use Overlay District at 205 South Main Street. Motion was seconded by Councilman Byrd. For the Denial: Councihnan Woliver, Byrd and Gibbs; Against the Denial: Councilmembers: Schultes, Garrett, Allen and Hicks. Motion failed 3 to 4. Councilman Garrett made the motion to table the item. Motion was seconded by Councilman Hicks. Before a vote was taken both Councihnan Hicks and Councilman Garrett withdrew their motions. Councilman Garrett made the motion to approve the appeal to UDC Section 8.3.2.6 — Building Colors regarding property located within the Old Town Mixed Use Overlay District at 205 South Main Street. Motion was seconded by Councilman Hicks. For: Councilwoman Schultes, Councilman Garrett, Councilman Allen and Councilman Hicks; Against: Councilman Byrd, Councilman Gibbs and Councilman Woliver. Motion carried for approval of the appeal 4 to 3. B. Discussion and direction to staff to reinitiate voluntary annexation proceedings for certain properties with expiring Non -Annexation Agreements of approximately 2,348 acres, relatively located along lower Seguin Road and IH -10. Councilman Gibbs made the motion to table this item to a future date. Motion was seconded by Councilman Hicks. For: All; Against: None. Motion carried 7 to 0. C. Discussion/Action regarding amending the Cibolo UDC to modify Single -Family (SF) residential district types — modify SF -4 homes per acre and eliminate SF -5 and SF -6 residential district types. Councilman Byrd made the motion to send this item to the Planning and Zoning Commission for review and have them bring a recommendation back to council the first meeting in June. Motion was seconded by Councilwoman Schultes, For: All; Against: None. Motion carried 7 to 0. D. Discussion and direction to staff to set a date (within a month or so) for a town hall meeting to educate and inform the public about drainage issues and residential development within our jurisdiction by: a. Specifically allowing City Planning and Engineering to present proposed solutions to drainage and development regulations with the UDC. b. To present how to best provide public safety services that supports the growth. c. To evaluate and provide appropriate transportation solutions/recommendations within these growth areas. This item was discussed by council and all agreed that a presentation by Justin Murray would be good. Council will look at some time the first week in June for a town hall meeting. E. Discussion and direction to staff on creating an ordinance that pertains to regulations for hauling raw sewage within the city limits (TCEQ term Sludge Transport). a. To address domestic sanitary sewage from holding tanks such as vessels, chemical toilets, campers, trailers and septic tanks that are transported in trucks. To also protect and reduce risks to the public from illnesses from waterborne diseases and to ensure that only qualified personnel who possess the appropriate training and required certification or licensing be allowed within the city limits of Cibolo. b. Create an ordinance to specifically states: No person shall dump, spill, leak, pump, pour, emit, empty, discharge, leach, dispose, or otherwise introduce or cause, allow, or permit to be introduced any domestic sewage or septic tank waste on to city streets or drainage systems. The City Attorney stated that he would look at what the city can do on this issue and will bring something back at the next meeting. F. Discussion/Action and direction to staff on an ordinance amending the UDC 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 Property Owners and Developers in the ETJ requesting water and/or wastewater service from the City of Cibolo to enter into a Development Agreement with the City that includes an Application for Annexation. Councilman Hicks made the motion to send this item to the Planning & Zoning Commission for review and to have a recommendation from them within 30 to 60 days. Motion was seconded by Councilman Allen. For: All; Against: None. Motion carried 7 to 0. G. Presentation/Discussion from Councihnembers that have attended seminars or meetings for the City of Cibolo. Councilman Hicks stated that he attended an excellent Planning & Zoning Workshop at AACOG put on by Denton, Navarro, Rocha, Bernal & Zech on March 22, 2019. 11. 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 legal terms for potential Public Improvement Agreement for real estate development. B, Discussion with City Attorney regarding the Land Study for the Grace Valley Ranch Subdivision, located within the City's Extra -Territorial Jurisdiction. C. Consult with City Attorney in regards to an update on Green Valley Special Utility District. Council convened into Executive Session at 8:33pm. 12. 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 9:54pm. No action was taken. 13. Discussion/Action A. Discussion/Action regarding the Land Study for the Grace Valley Ranch Subdivision, located within the City's Extra -Territorial Jurisdiction. This item was tabled to the April 9, 2019 meeting. B. 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. 14. Adjournment — Councilman Gibbs made the motion to adjourn the meeting at 1 l :12pm. Motion was seconded by Councilman Woliver. For: All; Against: None. Motion carried 7 to 0. PASSED AND APPROVED THIS 9Tn DAY OF APRIL 2019. �-4 ATTEST e -7l`/ Peggy Clinics, TRMC City Secretary 5