Written Minutes for the Regular City Council Meeting Held September 19,2024 7:001 PM ElmendorfCity Hall 83041 FM327 Elmendorf, TX' 78112  At any time during the City Council Meeting, the City Council may meet in executive session for consultation concerning attorney-  client matters (real estate, litigation, contracts, personnel, and security).  I.  City Council will convene for a Regular Meeting at thel Elmendorf City Hall at 7:00 pm September  19,2024. Call to Order Pledge of Allegiance Invocation Roll Call Mayor  Ther meeting is called to order at 7:00 PM by Mayor Mike Gonzales.  by Chaplain. James Stimnemann.  Mike Gonzales  Present Present Present Present Present Present  Councilmember Place 1 Hipolito "Polo" Maldonado Councilmember Place 2 Tracy Riojas Councilmember Place 3 George Dziuk Councilmember Place 4 Manuel Decena Councilmember Place 5 Linda Pena Ortiz  Also, present City Administrator Cody Dailey, City Secretary Roxanne De Leon, Police ChiefMarco Pena, Lieutenant David Reyes, City Prosecutor Kristina Rojas-Stompel and Chaplain James Stirnemann.  Citizens Participation Dan Negrila Julia Moreno Joe Tarin  Mr. Negrila will wait for item #11 to comment.  Ms. Moreno complains about ai neighboring property that is not consistently Mr. Tarin complains ofacode violation letter he received for brush. He believes his brush should be grandfathered in as it may have existed before his annexation in the City of Elmendorf. The City Council and Prosecutor advised him that Bexar County also has restrictions against brush but they not have issued a violation to him. Either way, brush is considered hazardous and Mr. Tarin is expected to remove it to avoid further action for his violation. Mr. Palomo states the application for his RV: Park license is coming up sO he is requesting a letter from the Code Compliance Clerk, Janie Cantu, to confirm he is in compliance. Further states the recent work conducted on the city streets were not built toj plan and hopes the City gets it corrected. Also adds, ifMs. Emilia Kirtner needs a sponsor for her business, he will help.  maintaining their yard.  Jesse Palomo  II.  Mayor and City Council Comments  Councilmember Maldonado Glad the road was done on Delana Avenue. Still concerned about  Page 1of7 September 19,2024    the requirements to do with the $178,000.00 for the wastewater plant. Would like to see more businesses before he is gone. Wants to thank everyone for joining and hopes they continue to Also spoke to staff about the UV project; iti is a shame the San Antonio River Authority didn'ttake care of that asset. Appreciates everyone in attendance. The City Council welcomes Good to see the amount of people here and people participating.  Councilmember Riojas Councilmember Dziuk Councilmember Decena Councilmember Ortiz Mayor Gonzales  hear their concerns. Great to see everyone. complaints and compliments.  III.  Open Public Budget Hearing 7:29 pm  1. Conduct public hearing  Minnie Slaughter - Would like to see the money from the EEDC for painting the other side of the water tower to go towards the UV project. City Administrator Cody Dailey states the painting oft the water tower is not included in the City or EEDC budget at this time. The EEDC will vote and then come to council if they wish toj pursue that project. Councilmember Riojas agrees with Minnie Slaughter. Councilmember Dziuk says we can take a few years to decide. Manuel agrees. Linda agrees that we  don'tneed it.  IV. V.  Adjourn Public Budget Rate Hearing 7:33 pm Open Public Tax Rate Hearing 7:34 pm 2. Conduct public tax rate hearing  VI.  Adjourn Public Tax Rate Hearing 7:35 pm  Laura Slaughter confirms amounts. Emily surprised it went down.  VII.  General Business = Consent Agenda  3. Adoption and approval of the city council minutes from August 22, 2024. 4. Adoption and approval of the city council minutes from September 10, 2024. 5. Approval oft the previous month's bills paid and financial reports.  6. Adoption and approval ofResolution number 9-19-2024-1R, adopting the City of Elmendorf Investment 7. Adoption and approval of Resolution number 9-19-2024-2R, adopting the ElmendorfEconomic  Policy.  Development Corporation budget for fiscal year 2024-2025. Agenda. Councilmember Riojas seconds and a vote is called.  Councilmember Maldonado motions to approve the seven (7) items on the General Business - Consent  Yay  Nay  Abstain  Councilmember Maldonado Councilmember Riojas Councilmember Dziuk Councilmember Decena  Page: 2of7 September 19,2024    Councilmember Ortiz  The motion to approve all seven (7) items on the General Business - Consent Agenda is passed on a  unanimous vote with five (5) councilmembers in favor. General Business - Individual Consideration  VIII.  8. Discuss and possible action regarding Ordinance number 9-19-2024-1, adopting the annual budget for  fiscal year 2024-2025.  Councilmember Decena motions to approve Ordinance number 9-19-2024-1, adopting the annual budget  for fiscal year 2024-2025. Councilmember Ortiz seconds and a vote is called.  Yay  Nay  Abstain  Councilmember Maldonado Councimember Riojas Councilmember Dziuk Councilmember Decena Councilmember Ortiz  The motion to approve Ordinance number 9-19-2024-1, adopting the annual budget for fiscal year 2024- 9. Discuss and possible action to ratify the property tax revenue increase reflected in the 2024-2025 fiscal Councilmember Decena motions to approve the property tax revenue increase reflected in the 2024-  2025 is] passed on a unanimous vote with all five (5) councilmembers in favor.  year budget.  2025 fiscal year budget. Councilmember Dziuk seconds and a vote is called.  Yay  Nay  Abstain  Councilmember Maldonado Councilmember Riojas Councilmember Dziuk Councilmember Decena Councilmember Ortiz  The motion to approve property tax revenue increase reflected in the 2024-2025 fiscal year budget is 10. Discussion and appropriate action regarding Ordinance: number 9-19-2024-2, adopting and setting the Councilmember Dziuk motions to approve Ordinance number 9-19-2024-2, adopting and setting the tax rate for 2024 at. .387816 per $100 valuation. Councilmember Ortiz seconds and a vote is called.  passed on a unanimous vote with all five (5) councilmembers in favor.  tax rate for 2024 at 387816 per $100 valuation.  Yay  Nay  Abstain  Councilmember Maldonado Councilmember Riojas Councilmember Dziuk  Page3of7 September 19,2024    Councilmember Decena Councilmember Ortiz  The motion to approve Ordinance number 9-19-2024-2, adopting and setting the tax rate for 2024 at .387816 per $100 valuation is passed on a unanimous vote with all five (5)councilmembers in favor.  Dziuk motions to approve. Ortiz seconds. 5-0  11.I Discuss and possible action regarding the possibility of allowing variances on front fence heights in the Dan Negrila speaks for the Bahnean couple as they speak limited English. Mr. Negrila reads offa statement and provides aj presentation to City Council in favor ofincreasing the fence height  future.  requirement.  The way the ordinance is written right now, there is not a variance for fence permit. Ifyou support this, this would bring the amendment to the ordinance at the next meeting. Then the Bahneans and the ordinance can be taken care of at same meeting. Councilmember Ortiz states she would want to add a  stipulation that would not allow privacy fence in the front.  Councilmember Riojas thanks Dan for bringing this to the City Council attention.  Motions to direct staff to draft an ordinance to allow variance for fence heights. Councilmember  Decena seconds and a vote is called. Councilmember Maldonado Councilmember Riojas Councilmember Dziuk Councilmember Decena Councilmember Ortiz  Yay  Nay  Abstain  The motion to direct staff to draft an ordinance to allow variance for fence heights is passed on a 12. Discuss and possible action regarding Ordinance 9-19-2024-3, amending the code of ordinances by amending Chapter 38, Zoning, Article III. Use Regulation; allowing for the placement ofa manufactured home on a lot zoned R1 in certain areas as a condition use; providing a severability clause; providing for the repeal of ordinances in conflict herewith; and providing an effective date. Councilmember Decena motions to approve Ordinance 9-19-2024-3, amending the code of ordinances by amending Chapter 38, Zoning, Article III. Use Regulation; allowing for the placement ofa manufactured home on a lot zoned R1 in certain areas as a condition use; providing a severability clause; providing for the repeal of ordinances in conflict herewith; and providing an effective date.  unanimous vote with all five (5) councilmembers in favor.  Councilmember Ortiz seconds and a vote is called.  Yay  Nay  Abstain  Councilmember Maldonado Councilmember Riojas  Page 4of7 September 19,2024    Councilmember Dziuk Councilmember Decena Councilmember Ortiz  The motion to approve Ordinance 9-19-2024-3, amending the code of ordinances by amending Chapter 38, Zoning, Article III. Use Regulation; allowing for the placement ofa manufactured home on a lot zoned R1 in certain areas as a condition use; providing a severability clause; providing for the repeal of ordinances in conflict herewith; and providing an effective date is passed on a unanimous vote with all  five (5)councilmembers in favor.  13. Discuss and possible action regarding the possible approval of the Hernandez Subdivision Plat located Councilmember Decena motions to approve the Hernandez Subdivision Plat located generally at 15289  generally at 15289 Cassiano Road.  Cassiano Road. Councilmember Dziuk seconds and a vote is called.  Yay  Nay  Abstain  Councilmember Maldonado Councilmember Riojas Councilmember Dziuk Councilmember Decena Councilmember Ortiz  The motion to approve the Hernandez Subdivision Plat located generally at 15289 Cassiano Road is  passed on a unanimous vote with all five (5) councimembers in favor.  14. Discuss and possible action regarding an Interlocal Agreement between the City of Elmendorf: and  Bexar County regarding platting within the City's Extra Territorial Jurisdiction.  City Administrator Cody Dailey says that we are not going to be able to finalize it tonight as it has not been completed by Bexar County. This would allow them to plat in Elmendorf's ETJ. This would also have them to take over our septic permitting. We had an audit of our septic permits by TCEQ recently where nothing bad was found on the City side. Mr. Dailey said the auditor could not answer ifall liability would be on Bexar County if this was turned over to them. Mayor recommends nixing this Councilmember Decena motions to table this item. Councilmember Dziuk seconds and a vote is  clause. called. Yay  Nay  Abstain  Councilmember Maldonado Councilmember Riojas Councilmember Dziuk Councilmember Decena Councilmember Ortiz  The motion to table this item is passed on a unanimous vote with all five (5) councilmembers in favor.  Page 5of7 September 19, 2024    Mayor Gonzales skips over to item #16.  15. Discuss and possible action regarding a request by Emilia Kirtner for a special use review of a property located ini the Single-Family Residential District (R-1). The legal description is: 16411 Old Corpus Councilmember Maldonado asks how much land she would operate her business. Ms. Kirtner says there's over an acre but she wants to preserve a portion of land to maintain the wildlife. Commissioner Councilmembers Maldonado, Riojas, and Decena comment that they see Ms. Kirtner's passion for the Councilmember Ortiz motions to approve the special use to allow the operation of a campground at 16411 Old Corpus Christi Road. Councilmember Maldonado seconds and a vote is called.  Christi Hwy in the City of Elmendorf, Texas (Property ID# 158809).  Laura Wright-Wallace states the P&Z unanimously approve.  farm and the campgrounds.  Yay  Nay  Abstain  Councilmember Maldonado Councilmember Riojas Councilmember Dziuk Councilmember Decena Councilmember Ortiz  The motion to approve the special use to allow the operation of a campground at 16411 Old Corpus Christi Road is passed on unanimous vote with all five (6)councilmembers in favor. 16. Discuss and possible action regarding a request by The Board of Trustees of the East Central Independent School District for a conditional use review of a property in the Single-Family Residential District (R-1). The legal description is: US Hwy 181 TX 78223 in the City ofElmendorf, Texas  (Property ID# 1394266).  Commissioner Laura Wright-Wallace confirms the P&Z unanimously recommend approving this item. Project Manager Robert Bennett is present for this item and invites the City Council to tour Honor Elementary on Graytown Road as it is the template of what is to be built in the City of Elmendorf. Councilmember Decena motions to approve the conditional use to build an elementary school at US Hwy 181 TX 78223 in the City of Elmendorf, Texas (Property ID# 1394266). Councilmember  Maldonado seconds and a vote is called. Councilmember Maldonado Councilmember Riojas Councilmember Dziuk Councilmember Decena Councilmember Ortiz  Yay  Nay  Abstain  The motion to approve the conditional use to build an elementary school at US Hwy 181 TX 78223 in the City ofElmendorf, Texas (Property ID# 1394266) is passed on a unanimous vote with all five (5)  councilmembers in favor.  Page 6of7 September 19,2024    17. Discuss and possible action regarding pending litigation involving Carlos Villanueva. The foregoing agenda item (#15)iss specifically identified for a potential closed session in accordance with TOMA Councilmember Ortiz motions to adjourn for closed session for Item #17. Councilmember Decena  sections 551.071 (litigation and certain consultation with attorney).  seconds and a vote is called. Councilmember Maldonado Councilmember Riojas Councilmember Dziuk Councilmember Decena Councilmember Ortiz councilmembers in favor.  Yay  Nay  Abstain  The motion to adjourn for closed session for Item #17i is passed on a unanimous vote with all five (5)  Adjourn to Closed Session Time: 8:48 pm Reconvene from Closed Session Time: 9:19 pm  No action taken. Adjournment  IX.  Councilmember Ortiz motions to adjourn the Regular City Council Meeting. Councilmember Decena  seconds and a vote is called. Councilmember Maldonado Councilmember Riojas Councilmember Dziuk Councilmember Decena Councilmember Ortiz councilmembers in favor.  Yay  Nay  Abstain  The motion to adjourn the Regular City Council Meeting passed on a unanimous vote with all five (5)  Regular City Council Meeting is adjourned at: The minutes were passed and approved on: MILE  9:20 pm October 17,2024  :  Michael Gonzales  est City Secretary Roxanne De Leon  SEAL" 1885 a EXAS  Page 7of7 September 19, 2024