Min CC 02/28/1995 MINUTES OF CITY COUNCIL MEETING
THE CIBOLO CITY COUNCIL CONVENED IN A REGULARLY SCHEDULED MEETING
ON TUESDAY, FEBRUARY 28, 1995, AT 7:00 P.M. AT THE MUNICIPAL
BUILDING, 109 SOUTH MAIN STREET, CIBOLO, TEXAS. THE FOLLOWING WAS
THE ORDER OF BUSINESS:
I. CALL TO ORDER.
Mayor Sam Bauder called to order at 7: 00 p.m.
II. ROLL CALL.
All members were present except Councilman Jeff Miller.
III. INVOCATION.
Councilman Bob Glisar led the prayer
IV. PLEDGE OF ALLEGIANCE.
The Mayor led the pledge.
V. CITIZENS TO BE HEARD. (LIMIT 3 MINUTES EACH)
P & Z member Ann Almond spoke against the variance at 250
Notchleaf. She said that the Builder, US HOMES, knew that they were
in violation of the ordinance and decided to continue building
while waiting for the meeting where the request for variance would
be considered. She felt that if the variance was granted the other
builders would take advantage of the City.
Gary Warren of US HOMES spoke about his company' s reason for
continuing construction and apologized for the mistake in starting
construction before the variance could be considered. He said there
was no increased fire exposure danger because of the distance
between houses.
VI. CONSENSUS ITEMS:
A. APPROVAL OF MINUTES OF FEBRUARY 14, 1995
Mark Buell moved for approval and Gail Douglas seconded. Approved.
VII. DISCUSSION/APPROVAL OF FIRE DEPARTMENT REQUESTS
TO COMPLETE EQUIPPING OF NEW FIRE APPARATUS
Assistant Fire Chief Kenny Brannon asked that the City purchase a
generator and hose attachment with an estimated cost of $3,900.
Chief Brannon said that he did not think E911 would have any money
available because of additional equipment costs they had
encountered. He said that the Cibolo Volunteer Fire Department is
sitting on some money in the bank but they want to keep it as a
cushion. He said that Jerry Marshall was a friend of his and he has
a direct line to E911, but he did not believe they would be able to
offer any money. Chuck Balcar said that E911 had recently bought
radio equipment. The Mayor said it would be good to ask E911 and
see if they could participate and the City would do whatever that
agency could not offer. Mark Buell makes a motion to contact E911
and try to get them to fund the balance that the City could not
provide and provide upto $3, 900 if E911 does not participate,
seconded by Chuck Ridge. Approved by all.
VIII. PLANNING AND ZONING MATTERS
A. DISCUSSION/ADOPTION OF A PRELIMINARY SUBDIVISION PLAT
AT 209 AND 211 SOUTH MAIN
Roger Hopkins the builder explained that two houses will be built
if the lot is allowed to be subdivided with each new lot a little
over a quarter of an acre. The houses will be in the $75000-80000
range. Mark Buell moves for approval, seconded by Bob Glisar.
Approved.
B. APPROVAL OF A REQUEST FOR VARIANCE OF REAR SET BACK
REQUIREMENT AT 250 NOTCH LEAF IN THISTLECREEK
The Planning and Zoning Commission had voted against granting the
variance.
Mr. Balcar said that US Homes had made a mistake and had built
three-feet into the setback requirement.
Mark said that he went and looked at it and it is not a big deal,
but he was upset that they continued to build after they knew they
were not in compliance. Chuck Ridge said at first he thought it was
too close based on the location of the fence, but later found out
that the fence is not on the property line. He moved for approval
of the variance.
The Council asked members of the P & Z who were present to give
their reason for disallowing the variance and Mr. Dick Hetzel and
Ms. Ann Almond said that they felt the builder had been arrogant.
Mr. Hetzel brought up the issue of the 55-foot width in Deer Creek.
When asked by Councilwoman Gail Douglas if he would have favored
the variance if not for the perceived arrogance of the builder, Mr.
Hetzel responded, "Yes" . The Mayor remarked that he would have had
a problem if it had been a request to vary from the side yard
requirements, but that this specific request would not cause and
safety concerns. Mr. Balcar recommended that Councilman Ridge amend
his motion to require that the builder replace the iron fence with
privacy fence. Mr. Warren, the builder, said that he could
accomplish this. Mr. Buell said he was upset that the builder
continued after being alerted to the violation. . .but that he saw no
other problems with it. Mr. Glisar said the City was at fault for
approving the plot plan. Ms. Douglas said that everyone needs to be
more careful with all the building going on. Mr. Ridge amended his
motion to read that US Homes be granted the variance if they
replace the iron fence with a matching privacy fence at 242,
246,250, and 254 Notchleaf and try to save the trees along Dietz
Road if possible. Mr. Glisar seconds the motion. Approved by all.
IX. APPOINTMENT OF AN EARLY VOTING BALLOT BOARD AND AN
EARLY VOTING JUDGE
The Mayor appointed Gerald Garrison as Early Balloting Judge and
Dorleen Higgingson as Deputy Judge. Motion to approve by Mr.
Glisar, seconded by Ms. Douglas. Approved.
X. APPOINTMENT OF PRESIDING JUDGE FOR MAY 6TH ELECTION
The Mayor appointed Gerald Garrison as Election Judge and Dorleen
Higgingson as Alternate Judge.Motion to approve by Mr. Glisar,
seconded by Mr. Ridge. Approved.
XI. CONSIDERATION OF APPOINTMENTS TO THE PARKS &
RECREATION COMMITTEE
Mr. Balcar provided Data Sheets on some of the citizens who are
interested in joining the committee. They will be appointed in
March. Ms. Douglas inquired about some of the questions on the data
forms.
XII. RESOLUTION OF APPROVAL OF SUBMISSION OF THE G R A N T
REQUEST FOR IMPROVEMENTS AND WIDENING OF DIETZ ROAD
Mr. Glisar moves for approval of the ordinance, seconded by Mr.
Buell. Approved.
XIII. EXECUTIVE SESSION
PURSUANT TO SECTION 551.072 OF THE TEXAS GOVERNMENT CODE
CONCERNING DISCUSSIONS ON PURCHASES OF REAL PROPERTY
A. DISCUSSION ON PURCHASE OF LAND ON BORGFELD ROAD FOR
FUTURE CITY OF CIBOLO EXPANSION OF MUNICIPAL FACILITIES
The Mayor ordered the Council into executives session at 8:10p.m.
B. RECONVENE IN OPEN SESSION AND TAKE NECESSARY ACTION
The Mayor returned the body into open session at 8 :35 p.m.
Mr. Glisar moves that the City Administrator be instructed to
send a letter of interest to the Property owner, seconded by Ms.
Douglas. Approved.
XIV. COMMENTS BY COUNCIL MEMBERS
Chuck Ridge asked about disposition of the extra old police car.
The Council asked Mr. Balcar to look at different scenarios for
disposition of the car.
The Mayor said we he started on Council the newest police car had
150, 000 miles on it.
XV. COMMENTS BY STAFF
XVI. COMMENTS BY MAYOR
XVII. ADJOURNMENT
APPROVED AND ADOPTED ON THIS 14TH DAY OF MARCH, 1995
Sam Bau e , Mayor
ATTEST:
C
CHARLES BALCAR, CITY SECRETARY