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Min CC 04/13/2004 REGULAR CITY COUNCIL MEETING CIBOLO MUNICIPAL BUILDING 109 S.MAIN April 13,2004 7:00 P.M. MINUTES 1. Call to Order-Mayor Ruppert called the meeting to order at 7:01 P.M. 2. Roll Call-All members of council were present with the exception of Councilman Sutton and Campbell. Councilman Sutton arrived at 7:15 P.M. 3. Invocation-Councilman O'Brien gave the invocation. 4. Pledge of Allegiance-Mayor Ruppert led the Pledge of Allegiance. 5. Citizens to be Heard This is the opportunity for visitors and guests to address the City Council on any issue. City Council may not discuss any presented issue,nor may any action be taken on any issue at this time. (Attorney General Opinion—JC-0169) (Limit of three minutes each) Michelle Johnson-(Spoke on Item 9A)Handed the Mayor a signed petition. The petition was signed by 162 residents in Cibolo. Stated that she was the PTC President at the time of the purchase of the marquee. Asking the council to reconsider the variance to allow the sign to remain on the Grange sign property. This money to pay for this sign was raised by fundraisers not from the SCUIC district. Jamie Niland-(Spoke on Item 9A) Stated that she is a 3rd grader at Wiederstein School. She would like the sign to remain so that all parents and citizens will know what is going on at her school. Reggie Miligan-(Spoke on Item 9A)Would like the city to grant a variance for the sign. Stated that she has lived on Main Street for the last 26 years and does not see the sign as a bad thing. Would like to see the school and city work on this together. Deborah Hollingworth-(Spoke on Item 9A)Thought that a sign was a needed thing for years and still fees this way.A sign is a good source of information to help with events going on in the school and its location. Terry Hines(Spoke on Item 9A) - Stated that he was upset with the city concerning the marquee for Wiederstein property. Stated that the sign met the ordinance. Would like to see the sign left as is. Kathy Pin (Spoke on Item 9A) - Stated that the marquee is a wonderful thing for both the city and Wiederstein school,to include letting everyone know what is going on in the school. Would hope that the city council would see this also. 6. Consent Agenda-Consent 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 March 23,2004,Regular City Council Minutes. B. Approval of April 5,2004, Special Joint City Council and Planning and Zoning Public Hearing Minutes. C. Approval of Check Register for March 2004. D. Approval of Financial Reports for 2nd Quarter of 2004. Councilman Williams made the motion to approve the consent agenda items. Seconded by Councilman O'Brien. For: All,Against:None. 7. Proclamation Approval/Disapproval of a proclamation declaring April Fair Housing Month. 'Mayor Ruppert read the proclamation to the city council and public concerning April being Fair Housing Month. Councilman O'Brien made the motion to approve the proclamation. Seconded by Councilman Williams. For;All, Against:None. 8. Resolution Approval/Disapproval of a resolution lifting the municipal burn ban. Mayor Ruppert read letter by Lee Perry. Councilwoman made the motion to approve the resolution. Seconded by Councilman Williams. For:All, against:None. 9. Discussion/Action A. Approval/Disapproval of a request by David Quinn and SCUCISD(Weiderstein Elementary)to receive a variance on the Weiderstein School Sign location on Main Street(Grange Hall Properly). Ed Beasley discussed with council section out of the sign ordinance concerning the location of signs and their standards. Stated if this was approved it would be a two-part variance. Councilman O'Brien asked if it wouldn't be easier to amend the ordinance then granting a variance. Ed Beasley replied that it would be easier. Councilman O'Brien recommended amending the ordinance,and giving the school a temporary variance. Ed Beasley stated that the sign was done before he got here. Lee Perry gave the background to council concerning the permit and the location that the sign was located. Stated that a citation was issued to the contractor for erecting a sign on a property that was not approved for this location. David Quinn gave the council his recollection of events of the permit process. Chuck Balcar asked if you could have an allowance for off premise sign for an agency. Also stated that there is community service sign section in the ordinance,maybe that could be revised. There was discussion concerning sharing ownership of the sign with the Grange Hall. This would not be a good practice due to variance precedents. Councilman Sutton made the motion to table item and direct staff to make a amendment to the sign ordinance for off premise signs for the good by the next meeting for approval. Seconded by Councilman O'Brien. For: All,Against:None. B. Approval/Disapproval of selecting a telephone contractor for the new Municipal Building. Yvonne Griffin made a presentation concerning proposals from several phone providers. She stated that the Access Advantage was the favored setup using SBC.Yvonne recommends Commserve as the installer. Councilman Sutton asked if each company was quoting on the exact same work and received an affirmative reply. O'Brien we go with Commserve and Access Advantage SBC and seconded by Sutton and the contract says that this is for a complete system.All voted in favor. C.Approval/Disapproval of awarding the contract for Town Creek Sewer Extension Project. Brian Cope stated that last Thursday morning bids were open for this project. The low bid was$56,706.30 by ASC Paving. Chuck Balcar stated that this project was part of the project list from last year. This project is in the 2002 and 2004 capital projects list. There was discussion about what the contract would service. Nathan Gray asked about the location of the eight inch line. Councilwoman Gray asked about getting the easements,Brian Cope stated that it would be located in the right-of-way. Councilman O'Brien made the motion to approve the awarding of the contract to ASC Paving for$56,706.30. Seconded by Councilman Williams. For:All,Against: None. 10. Ordinance A. Approval/Disapproval of an ordinance for a temporary moratorium on residential development in the areas within the City Limits and Extraterritorial Jurisdiction of the Cibolo Water Service as defined by the Cibolo Certificate of Convenience and Necessary boundaries. Public Hearing were held on April 5th,with Planning and Zoning,and tonight earlier at 6:45 P.M... Councilwoman Gray asked questions concerning the ordinance,and the reason behind the moratorium. There was discussion concerning these items concerning the moratorium. Chuck Balcar stated that the builders understands and agree this. This moratorium can be extended at the end of the 120 days if need be,like if the plant does not get completed. Developments that have already started will be able to continue. Councilman 'Sutton made the motion to approve the ordinance for a temporary moratorium on residential development in the areas within the City Limits and Extraterritorial Jurisdiction of the Cibolo Water Service as defined by the Cibolo Certificate of Convenience and Necessary boundaries. Seconded by Councilman Williams. For: All,Against: None. Moratorium will be effective today for 120 days. B.Approval/Disapproval of changing the City parks ordinance to include regulation and operating hours for Deer Creek Park. Chuck Balcar stated that the ordinance would include no swimming in the Dietz Creek,no alcohol and the hours of the parks. The hours of the park would go with the school year,being that someone could be questioned be in the park before school starts,the park opening at 8:00 A.M. And they would be longer in the summer when school is out, opening at 7:00 A.M. This would be a day use only park,there would be no lighting. The month of May would be included in the summer hours. Councilman Williams made the motion to approve the ordinance amending the park ordinance. Seconded by Councilwoman Gray. For: All,Against:None. 11. Discussion/Action(Buildin evelopment) A. Approval/Disapproval of R-2 Zoning for Mr.Perry Blanton,being 1.470 acres of land out of a 7.22 tract s recorded in Volume 621,Page 364, of the Deed Records of Guadalupe County,Texas and situated in the Trinidad Garcia Survey,Abstract Number 137. (Annexation approved on March 9,2004, effective March 30,2004) Councilman O'Brien made the motion to approve the R-2 Zoning for Mr.Perry Blanton,being 1.470 acres (54,035 sq.ft.)of land out of a 7.22 tract s recorded in Volume 621,Page 364,of the Deed Records of Guadalupe County,Texas and situated in the Trinidad Garcia Survey,Abstract Number 137. Seconded by Councilman Williams. For: All,Against:None. B.Approval/Disapproval of R-2B Zoning for Mr.Perry Blanton,being 3.298 acres of land out of the Mathias Lindenburg Survey,Abstract No.215, Guadalupe County,Texas,and being all of a designated 3.263 acre tract as described in a Warranty Deed from Lewis C.Borgfeld,a single man,to Mack Kardys and wife Juanita Kardys,dated September 26, 1974 and recorded in Volume 491,Pages 477-478 of the Deed Records of Guadalupe County,Texas. (Annexation approved on March 9,2004,effective March 30,2004) Councilman Sutton made the motion to approve the R-2B Zoning for Mr.Perry Blanton,being 3.298 acres of land out of the Mathias Lindenburg Survey,Abstract No. 215, Guadalupe County,Texas,and being all of a designated 3.263 acre tract as described in a Warranty Deed from Lewis C.Borgfeld,a single man,to Mack Kardys and wife Juanita Kardys,dated September 26, 1974 and recorded in Volume 491,Pages 477-478 of the Deed Records of Guadalupe County,Texas. Seconded by Councilman O'Brien. For:All,Against:None. C. Approval/Disapproval of R-2 Zoning for Mr.Perry Blanton,being 4.00 acres of land situated in the M. Linderburg Survey Abstract No.215,Guadalupe County,Texas, and being out of an 18.15 acre tract recorded in Volume 599,Page 753 of the Deed Records of said county. (Annexation approved on March 9,2004,\ effective March 30,2004) Councilman O'Brien made the motion to approve the R-2 Zoning for Mr.Perry Blanton,being 4.00 acres of land situated in the M.Linderburg Survey Abstract No.215, Guadalupe County,Texas,and being out of an 18.15 acre tract recorded in Volume 599,Page 753 of the Deed Records of said county. Seconded by Councilman Sutton. For:All,Against:None. D.Approval/Disapproval of R-2 Zoning for Mr.Perry Blanton,being 4.027 acres of land located in the City of Cibolo, Guadalupe County,Texas,and being out of the Mathias Lindenburg Survey,Abstract No.215, Guadalupe County,Texas,and also being out of a 18.15 acre tract as recorded in Volume 599,Pages 753-756 of the Deed Records of Guadalupe County,Texas. (Annexation approved on March 9,2004, effective March 30,2004) Councilwoman Gray made the motion to approve the R-2 Zoning for Mr.Perry Blanton,being 4.027 acres of land located in the City of Cibolo, Guadalupe County,Texas,and being out of the.Mathias Lindenburg Survey, Abstract No.215,Guadalupe County,Texas, and also being out of a 18.15 acre tract as recorded in Volume 599, Pages 753-756 of the Deed Records of Guadalupe County,Texas. Seconded by Councilman Williams. For:All, Against: None. ' 'E.Approval/Disapproval of R-2 Zoning for Mr.Perry Blanton,being 5.750 acres(250,470 sq. ft.) of land out of a ` 7.22 acre tract as recorded in Volume 621,Page 364, of the Deed Records of Guadalupe County,Texas and situated in the Trinidad Garcia Survey Abstract Number 137. (Annexation approved on March 9,2004, effective March 30,2004) Councilman Williams made the motion to approve the R-2 Zoning for Mr.Perry Blanton,being 5.750 acres (250,470 sq.ft.) of land out of a 7.22 acre tract as recorded in Volume 621,Page 364, of the Deed Records of Guadalupe County,Texas and situated in the Trinidad Garcia Survey Abstract Number 137. Seconded by Councilwoman Gray. For:All,Against:None. F.Approval/Disapproval of R-3 Zoning for Mr.James Hardy,Jr.,being 48.835 Acres of Land more or less, situated in the SEXTO Dominguez Survey No. 152,Abstract No. 110, Guadalupe County,Texas,being the same tract called 48.85 acres of land recorded in Volume 1774,Page 652, Official Public Records,Guadalupe County,Texas. (Annexation approved on March 9,2004, effective March 30,2004) Councilman Williams made the motion to approve the R-3 Zoning for Mr.James Hardy,Jr.,being 48.835 Acres of Land more or less, situated in the SEXTO Dominguez Survey No. 152,Abstract No. 110,Guadalupe County, Texas,being the same tract called 48.85 acres of land recorded in Volume 1774,Page 652,Oficial Public Records,Guadalupe County,Texas. Seconded by Councilman Sutton. For:All,Against:None. 12. Comments A. City Staff Chuck Balcar stated that he speak with Jennifer Colby about Gonzalez opening a rodeo and what a success it has been. Would like to see this done in Cibolo,to get it's name out there. Told the council to let him know if this is something that it would like to pursue. B. City Council -Councilman O'Brien stated that he sending out an email for an agenda item for a lift station on FM78. -Councilman Sutton stated that he would be all for a rodeo, and would be interesting in helping Chuck Balcar out on this. -Councilman Williams gave an update on the CRWA meeting and current project. -Councilwoman Gray commented about permits being issued before streets are completed. Asked about the land swap,and the construction on the mobile tower. Citizens have commented to her about the patchwork completed on Borgfeld road. C. Mayor-None 13. Adjournment Councilman Sutton made the motion to adjourn at 8:52 P.M. Seconded by Councilman O'Brien. For:All,Against: None. PASSED AND APPROVED THIS 13TH DAY APRIL 2004. Charles Ruppert Mayor ATTEST: WnYn`eCGrifFmSecretary