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Cibolo council denies requests to release land from ETJ, opens hearing on FM 1103 gas store and adopts parking limits around City Hall

2392358 · February 26, 2025
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Summary

Cibolo City Council members on Tuesday denied two landowners' requests to remove parcels from the city's extraterritorial jurisdiction and opened a public hearing on a conditional use permit for a 5,500-square-foot convenience store with fuel at 1636 FM 1103.

Cibolo City Council members on Tuesday denied two landowners' requests to remove parcels from the city's five-mile extraterritorial jurisdiction and opened a public hearing on a conditional use permit for a 5,500-square-foot convenience store with fuel at 1636 FM 1103. The council also considered a new parking ordinance to reserve spaces adjacent to City Hall for city business and heard staff updates on roads, an animal care facility and the upcoming solid-waste franchise RFP timeline.

The council voted to deny two separate petitions to release tracts from the city's ETJ under Texas Local Government Code Chapter 42. Staff recommended denial and cited the city's pending legal challenge to recent state law changes allowing deannexation without the council's approval. The council's action on each petition was a motion to deny, and the outcome for both items was recorded as unanimous denial by the council (7-0). City staff attorney Rick Vasquez summarized legal background and recommended denial; an attorney representing the property owners, Buck Benson, spoke in favor of the owners' requests and said the property would remain subject to county development rules if released.

Why it matters: denying the petitions preserves the city's jurisdiction over future development and retains the council's ability to review annexation and land-use decisions. Council members cited the pending lawsuit challenging the deannexation statute as a key reason to maintain the ETJ boundaries while litigation is unresolved.

Details on the ETJ motions: Council discussion referenced the ongoing multi-city lawsuit challenging the constitutionality and mechanics of the deannexation provisions in state law. Staff noted that the petitioners' parcels are largely vacant or contain a single-family residence; an owner representative argued the owners would still comply with county development standards if the city released the land. The council's stated rationale for denial was to protect municipal land-use authority while litigation proceeds.

Public hearing on FM 1103 convenience store: Planning staff opened a public hearing on a conditional use permit (CUP) for a proposed local convenience store with fuel sales at 1636 FM 1103. The applicant's site plan proposes a 9,130-square-foot building divided into four suites, with the primary suite for the gas station and convenience store measuring 5,500 square feet, which triggers a CUP under the city's Unified Development Code. Staff explained that convenience stores with fuel under 5,000 square feet are permitted by right in the Retail Office C-3 district, but structures exceeding 5,000 square feet require council approval of a CUP per Article 6.3 of the UDC. Staff said notices were mailed to property owners within 200 feet and published in the Seguin Gazette; at the time of the hearing staff had received two letters in favor and none in opposition.

Public input at the hearing: A member of the public identified as Joel urged the council to ensure the project does not allow overnight parking, citing problems with large trucks parking overnight at other local convenience stores. Staff noted the project will go through plan review and must meet building, fire, parking, exterior lighting and landscaping requirements; alcohol sales would be subject to the Texas Alcoholic Beverage Commission and supplemental use regulations. The council scheduled consideration of the zoning ordinance for March 11, 2025.

Parking ordinance around City Hall: The council considered an amendment to the municipal code to establish restricted and regulated parking surrounding the City Hall complex. Chief Andrews presented the draft ordinance that would reserve certain parking spaces for city business only, include head- and tail-end parking regulations adjacent to the building, and authorize towing by the city manager or designee for vehicles in violation. Violations of the reserved-parking provision would be misdemeanors punishable by fines up to $500. A council member asked that staff notify renters of the event center about nights when restricted parking would be enforced. Council members motioned to approve the ordinance; the item advanced and staff said enforcement authority and towing provisions will be implemented under the amended chapter.

Appointments and boards: Council members nominated and approved appointments to the Canyon Regional Water Authority (CRWA) boards. The council named Councilwoman Donnetta Roberts and Councilman Robert Mahoney as the two elected officials to serve on the CRWA board of trustees; staff said a formal resolution documenting the appointments will be brought back to the next meeting. The council also discussed the board of managers seats and confirmed that Jacob Parsons will remain on the CRWA board of managers.

Staff updates and other business: City staff provided project updates including pavement-marking delays on Over Seguin Road, planned repairs on Dean Road and Bolton Road, completion of pavement markings and upcoming manhole adjustments at Green Valley and Dean Road, and that staff are moving into the new animal care facility pending final anchoring and certificate-of-occupancy. Staff highlighted in-house use of an "asphalt zipper" machine for long-lane repairs and said the trailhead parking lot at the H-E-B site is under construction with early-summer completion targeted. Public Works staff announced a competitive RFP process for the city's solid-waste franchise; the RFP was released in February and staff expect to bring a recommendation to council by April 8 following an April 5 strategic management workshop to review proposals.

Public comments read into the record: City Secretary staff read four emails submitted before the meeting. Two emails from residents William A. Hayes II and Heather Darnell accused the mayor of undermining the council and asked for action including censure; the messages asked the council to protect the integrity of the charter and the council's collaborative role. A third email from Jennifer Gries described multiple recent problems with Republic Services garbage collection, including trash spilled from cans and damaged containers; she said she could not submit a complaint through the city's SeeClickFix portal that evening. A fourth submission from P.G. Benson, a Sibyl resident, raised questions about a public-works contract (describing concerns about scope, oversight, whether bids were sought, and whether city staff or a future public-works director could perform the work), and requested additional transparency and reporting on contract performance.

Next steps: Items requiring further action include final council consideration of the FM 1103 CUP on March 11 and the staff's planned April 8 solid-waste recommendation following submittal review and the April 5 workshop. Several items placed on the consent agenda were approved by motion earlier in the meeting; the council recessed for an extended executive session and returned without reported action on executive-session items.

Ending: The meeting adjourned after routine agenda items and future-agenda planning; the council scheduled the strategic management workshop for April 5 and asked staff to post application materials for the fiscal-year strategic partnership grant program March 1 through April (dates to be published on the city website).