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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