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Min CC 07/23/20191 of C/0 rt o 0142h r N 0 %ityd Cholce CrrY COUNCIL MEETING CIBOLO MUNICIPAL BUILDING 200 S. Main July 23, 2019 6:30 p.m. tIl_I►I —`lly Y 1. Call to Order — Mayor Boyle called the meeting to order at 6:31 p.m. 2. Roll Call and Excused Absences — Council Present: Mayor Boyle, Council Members Schultes, Garrett, Byrd, Gibbs, Allen, Woliver and Hicks; Staff Present: City Manager Mr. Herrera, City Attorneys Mr. Garza and Mr. Lindner, City Secretary Ms. Cimics, Finance Director Ms. Miranda, EDC Director Mr. Luft, IT Director Mr. McDaniel, Public Works Director Mr. Fousse, Police Chief Hugghins, Planning & Engineering Director Mr. Klein and Planning Director Ms. Gonzalez. 3. Invocation — Invocation was given by Councilman Allen. 4. Pledge of Allegiance — All in attendance recited the Pledge of Allegiance. 5. Presentation A. Presentation of a 5 year Service Award to Matthew Schima from the Cibolo Police Department. Mr. Herrera presented to Matthew Sebima from the Cibolo Police Department his five year Service Award. 6. Public Hearing A. The Cibolo City Council will hold a public hearing to hear public testimony regarding the rezoning of 31.54 acres located at 553 Tolle Road from the current zoning of Low Density Residential (SF -2) to Agricultural (AG). This item was briefed by Ms. Gonzalez the Director of Planning. Mayor Boyle opened the Public Hearing at 6:36 p.m. The following individuals spoke in favor of the rezoning request: Pam Jarnagan. Ms. Jarnagan also submitted a letter of support from JoAnn Hawkins who could not be present at the meeting. Stephen Luman spoke in favor. He stated they were already using property as AG and have numerous animals on property. Brad Burrows also spoke in favor of the rezoning citing that is saw no reason not to rezone as property is already being used as AG. Robert Roberson spoke in favor of rezoning to AG. He also stated that the city should look at the UDC and maybe do a little refining of the codes. Katy Cunningham spoke in favor and stated that they have no water or sewer available to the property and that it is on septic. Judy Womack stated that this property has a historical cemetery on the property. She also said that we cannot forget the past as we go forward with the future. Those that opposed the rezoning were: Carol Buell spoke in opposition to the rezoning. Paul Buell who also opposed the rezoning and saw no purpose in the change. Ms. Latimer still can have AG nothing changes that. Ms. Spencer spoke but only to make a comment not to agree or disagree: She stated that the city needs to be consistent not continually flip flopping on who can do what on zoning. We have the Master Plan and FLUM for a reason we need to try and follow it. Mr. Latimer spoke on behalf of the property owner. He did go over the Zoning District SF -2 which is established for traditional suburban development and mobile/manufactured homes are not permitted. Zoning district Agricultural is intended to serve as an initial temporary zoning designation for newly annexed properties into the City and as a permanent zoning designation for those rural properties of the City that are ideally suited for agricultural purposes. He states that they are using this property as agricultural and we not be changing that. They have goats and other animals on the property and they will continue to stay AG as long as they have the property. lie also stated that according to the appropriate Land Use Type cemeteries should only be in AG zoning. He also states that the zoning regulation must be adopted in accordance with a comprehensive plan and must be design to facilitate the adequate provision of transportation, water and sewers. This property does not have these provisions. He ask council to favorable look at their request for rezoning. Mayor Boyle closed the Public Hearing at 7:01 p.m. 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: Judy Womack spoke on her book about Cibolo and inform Council that the City of Abilene and City of Gonzalez have ordered a copy of the Cibolo Book for their library. Nick Sherman stated that the GVSUD would be having elections in November and encourage Cibolo voters that were in the Green Valley District to vote or place their name on the ballot so that Cibolo would have more representation. Sandra Clearly talked about the trucks that are going down Cibolo Valley Drive that are hauling rocks. She stated that the noise was very bad and they are tearing up the road that already needs repair. Maggie Titterington from the Chamber informed the council and citizens of upcoming events. She also spoke on the sick leave ordinance passed by then City of San Antonio. This ordinance would affect citizens in our area and the chamber will keep everyone posted on this ordinance. Katy Cunningham let the citizens and council know about a Food Drive that will take place on Elbel Road. Ms. Cunningham also stated that she hoped everyone will attend the Summer Nights Program in August as this will be the last one for the year. She was also concerned about a P&Z member giving wrong information and she felt that committee rules should be clear, concise and written. Cindy Spencer spoke on the 10:30 Special Meeting and stated it was a great meeting for Cibolo. She wanted to know what was happening with the sub -committee the council was going to setup to look at background checks. Jim Russell congratulated council for the Special Meeting. Mr. Russell stated that in the past 13/14 months the Key to the City has been given out. He felt that the council should have procedures and the council should being approving anyone that receives this award. He said he had procedures from other cities and that he would give them to the City Secretary. Melvin Hicks spoke on the election and the backstabbing he felt that was already happening in this election. 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 July 9, 2019. B. Approval of the minutes of the Special City Council Meeting held on July 16, 2019. 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. 9. Staff Updates/Discussion A. Public Work B. Administration — Mr. Herrera spoke on the meeting with Guadalupe County. 10. Discussion/Action A. Discussion/Action on the Final Acceptance of Public Infrastructure for Mesa at Turning Stone, Unit 3 and multiple units within Turning Stone Subdivision. Councilman Allen made the motion to approve the acceptance of Public Infrastructure for Mesa at Turning Stone, Unit 3 and multiple units within Tinning Stone Subdivision to include: Sanitary Sewer: 58,507 Lineal Feet with a valuation of $1,790,931.35; Drainage: 12,295 Lineal Feet with a valuation of $2,354,931.42; Public Streets: 23,196 Lineal Feet with a valuation of $3,586,644.45; Private Streets: (not dedicated): 2,785 Linear Feet with a valuation of $549,130.65 (Designed to City Standards) Total valuation of accepted Public Improvements dedicated to the City of Cibolo: $7,732,507.22; Total valuation of Public Improvements — GVSUD (29,726LF Water: $3,100,636.70. Councilman Allen also include a condition that pavement repairs at the easternmost cul-de-sac on Pevero Street would be repaired and completed within 120 days of final acceptance. Motion was seconded by Councilman Byrd. For: All; Against: None. Motion carried 7 to 0. B. Discussion/Action to authorize the City Manager to issue a purchase order authorizing Vick ey and Associates to complete the bid documents and provide construction oversight for the first phase of the Town Creek Drainage Project for a fee of Forty Thousand Dollars ($40,000.00) Councilman Woliver made the motion to authorize the City Manager to issue a purchase order authorizing Vickrey and Associates to complete the bid documents and provide constriction oversight for the first phase of the Town Creek Drainage Project for a fee of Forty Thousand Dollars ($40,000.00). Motion was seconded by Councilman Gibbs. For: All; Against: None. Motion carried 7 to 0. C. Discussion/Action on March 2018 Council Policy modification that the Chairman of a Commission or Corporation that is district is not a voting member unless there is a tie vote. This seems contrary to the intent of District representation on these commissions. This item will be brought back to council at a later date. D. Discussion/Action on approving the Bexar Metro 9-1-1 Network Fiscal Year 2020 Budget. Councilman Byrd made the motion to approve the Bexar Metro 9-1-1 Network Fiscal Year 2020 Budget. E. 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 2019. Council set a Workshop for August 5°i to cover the Pavement Management Plan and possible bond election. 11. Ordinance A. Approval/Disapproval of an Ordinance of the City of Cibolo ordering a Municipal Election for the purpose of electing a Mayor and Councilmembers to District 2, 3 and 7. Councilman Allen made the motion to approve the Ordinance of the City of Cibolo ordering a Municipal Election for the purpose of electing a Mayor and Councilmembers to District 2, 3 and 7. Motion was seconded by Councilman Byrd. For: All; Against: None. Motion carried 7 to 0. 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 551.074, Personnel Matters to discuss the following: A. Discuss the qualification of a City Officer (Mayor). Council convened into Executive Session at 7:44 p.m. 13. Open Session Reconvene into Regular Session and take/or give direction or action, if necessary, on items discussed in Executive Session. Council reconvened into regular session at 9:42 p.m. Councilman Byrd made the motion to call for a hearing to determine the qualifications of Mayor Stan "Stosh" Boyle as outlined in the City Charter Section 14.10 Forfeiture of Office. Motion was seconded by Councilman Gibbs. A roll call vote was taken: Councilwoman Schultes — Yes; Councilman Garrett — Yes, Councilman Byrd — Yes, Councilman Allen — No, Councilman Gibbs — Yes, Councilman Woliver — Yes and Councilman Hicks -No. Motion carried 5 to 0. Mayor Boyle stated that he did not fully accept the Forfeiture of Office. Mr. Garza did state that the Mayor still holds his office and has all the rights and duties of the office until the hearing is held. He when went over the procedures of the hearing. 14. Adiournment Councilman Allen made the motion to adjourn the meeting at 9:47 p.m. Motion was seconded by Councilman Hicks. For: All; Against: None. Motion carried 7 to 0. PASSED AND APPROVED THIS 13TH DAY OF AUGUST 2019. ATTEST._ Peggy Cimics, TRMC City Secretary