Min CC 09/25/2001 - Regular/Budget Hearing REGULAR CITY COUNCIL MEETING
AND BUDGET HEARING
CIBOLO MUNICIPAL BUILDING
109 S.MAIN
SEPTEMBER 25,2001,7:00 P.M.
MINUTES
1. Call to Order-Mayor Ruppert called the meeting to order at 7:00 P.M.
2. Roll Call- Councilman Ridge was absent, Councilman O'Brien showed at 8:45 due to Military duty. All other
members were present.
3. Invocation-Councilman Glisar gave the invocation.
4. Pledge of Allegiance-Mayor Ruppert led the Pledge of Allegiance.
5. Citizens to be Heard
Kenneth Roth- Spoke during item 10.
Kirk Timke- Spoke concerning item 9H,the fire code ordinance. Thought item was good but the city currently has
nobody to enforce the fire codes. Stated that getting the contract with Schertz was a good thing,but still needed a Fire
Marshall or Fire Chief.
Scott Robinson- Stated that as a taxpayer he had concerns with paying Schertz$30,000 this year for a contract for Fire
Protection. Stated that there was no guarantee that Cibolo would be covered if there was an emergency in Schertz,that
they would take care of their own first.
Carolyn Tauzin- Spoke during item 10D.
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 or citizen so
requests, in which case the item will be removed from the consent agenda and considered as part of the normal
order of business.)
A. Consideration and Approval of August 28,2001 Minutes of the Regular City Council Meeting.
B. Check Register for August 2001.
C. Consideration and Approval of an extension to the contract with the City of Cibolo's Financial Advisor,
SWS Securities.
D. Confirming agreement and rates for legal services between the City of Cibolo and Denton,Navarro and
Bernal for FY 2001-02.
E Acceptance of Resignation of Planning and Zoning Commissioner Rebecca Campbell.
Workshop minutes from the August 28, 2001 needs to be on the next agenda. Councilman Ghsar made the motion to
approve Consent Item. Seconded by Councilwoman Duggar. For: All,Against: None.
7. Proclamation
Presentation of Proclamation declaring October 7-13, 2001 National 4-H Week.
n
s
Mayor Ruppert presented a Proclamation declaring Oct 7-13, 2001 National 4-H Week.
8. Discussion Onlv
Public Hearing to discuss the City of Cibolo FY 2001-2002 Annual Budget
No Discussion from Council or public.
9. Ordinances -Mayor Ruppert read all Ordinances found below aloud.
A. Discussion/Action on an Ordinance Authorizing the issuance of"City of Cibolo, Texas Combination Tax
an Limited Pledge Revenue Certificates of Obligation, Series 2001";Providing for the Payment of said
Certificates by the Levy of an Ad Valorem Tax upon all Taxable Property within the City and Further
Securing said Certificates by a Lien on and Pledge of the Pledged Revenues of the System; Providing the
Terms and Conditions of said Certificates and Resolving other Matters Incident and Relating to the
Issuance, Payment, Security, Sale and Delivery of Said Certificates, including the Approval and
Distribution of an Official Statement Pertaining Thereto, Authorizing the Execution of a Paying
Agent/Registrar Agreement; and the Letter of Representations with the Depository Trust Company; and
Providing an Effective Date.
Mark McLiney of SWS presented the City Council with the results of the bidding,which had been delayed
from September 0'because of the terrorist crisis. Mr. McLiney stated that the city had received an excellent
Bond Rating of BBB+and that there rating agency had considered rating Cibolo's issue as
an "A-".He explained that there had been four bids and the best was an average rate of 4.94%from SWS.
Because of the good rating, insurance to raise the bond rating to"AAA"would be lower than expected($8,500
instead of more than$10,000).
The Council was told that the bonds are callable after ten years. Councilwoman Epperson made the motion to
accept the bid of SWS and Councilwoman Duggar provided the second. All voted for the motion to accept the
bid of SWS.
B. Adoption of an Ordinance approving the City of Cibolo FY 2001-02 Annual Budget.
Councilman Glisar made the motion to approve Budget for FY2001-2002 with correction. Seconded by
Councilwoman Epperson. For: All, Against: None.
C. Adoption of an Ordinance approving the City of Cibolo FY 2001-02 Property Tax rates
The total tax rate would be .3573 for the FY 2001-2002,with the breakdown of.2724 for Maintenance and
Operation and .0849 for Debt Service. Councilman Glisar made the motion to approve the FY2001-2002
tax rate of.3573. Seconded by Councilwoman Duggar. For: All, Against:None.
D. Discussion/Action on an Ordinance Amending the City of Cibolo FY200-01 Adopted Budget .
1. To increase expenditures in the General Fund by$72,000 for the purchase of approximately five acres
of land and to transfer funds, as available, from the Impact Fee Account for Streets to pay for this
purchase.
2. To transfer funds from account 46925, Capital Replacement to Street Transfer to 46610, Contract
A
Services— Streets, in the amount of$200,000 for the repair of City Streets.
Chuck Balcar stated that the changes were just a matter for bookkeekping purposes. These changes are for
the purchase of the land and also street repairs. Councilwoman Epperson made the motion to approve the
ordinance amending the FY2000-2001 budget. Seconded by councilwoman Duggar. For: All,Against:
None.
E. Discussion/Action on amending Municipal Ordinance#211 and all subsequent ordinances concerning
water and sewer rates and directing the staff to prepare water rate changes and publish notices of the
change in the paper.
Chuck Balcar stated that the changes will benefit the low water customers and raise the rates of the higher
customers to encourage water conversation during the summer months. Councilwoman Epperson made
the motion to approve amending Municipal Ordinance#211 and all subsequent ordinance concerning
water and sewer rates and directing the staff to prepare water rate changes and publish notice of changes in
the paper. Seconded by Councilman Glisar. For: All, Against: None.
F. Discussion/Action on an Ordinance changing the City of Cibolo matching contribution for employees
retirement to TMRS from 1.5 to 2.The percentage of payroll paid by the City will increase from 5.17 to
7.01.
Councilwoman Duggar made the motion accepting the Ordinance changing the City matching contribution
for employees retirement system. Seconded by Councilwoman Epperson. For: All,Against: None.
G. Discussion/Action on amending Ordinance#464(The Ordinance),Titled"Subdivision Ordinance",
"Construction Standards",
1. Appendix B, Section B. Sanitary Sewer System, Sub-Section 2) "Standards",Paragraph"h."
"Manholes".
2. Appendix B, Section A.,Water System, Sub-Section 2) "Standards",Paragraph"a.""Water Lines".
3. Appendix B, Section A.,Water System, Sub-Section 5) "Standards",Paragraph"a.""Fire
Hydrants".
City Engineer Rudy Klein recommended the changes. The Mayor asked the Cibolo Fire Chief if the Fire
Department had reviewed the proposed fire Hydrant ordinance and he applied affirmative and that the fire
department was in concurrence with the changes. Mr. Glisar moved to approve the amendment to Ordinance
464 regarding waterlines,manholes and fire hydrants. Seconded by Ms. Duggar, Approved by all.
H. Discussion/Action on Approval/Disapproval of an ordinance of the City of Cibolo adopting the 2000
edition of the International Fire Code,regulating and governing the safeguarding of life and property from
fire and explosion hazards arising from the storage,handling and use of hazardous substances, materials
and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises
in the City of Cibolo; providing for the issuance of permits for hazardous uses or operations; repealing
Ordinance No. 507 of the City of Cibolo and all other ordinances and parts of the ordinances in conflict
therewith.
Ms.Duggar moved to approve the adoption of the International Fire Code and to include changes
recommended by the City Attorney Susan Rocha,to include setting fines for a maximum of$2,000.Motion
was seconded by Ms. Epperson and approved by all.
I. Discussion/Action on Approval/Disapproval of an ordinance of the City of Cibolo establishing the
minimum regulations governing the conditions and maintenance of all property, buildings and structures;
by providing the standards for supplied utilities and facilities and other physical things and conditions
essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of
buildings and structures unfit for human occupancy and use and the demolition of such structures;
repealing Ordinance No. 507,known as the Building Code.
Ms.Rocha recommended the adoption of the amended ordinance and recommended a maximum fine of$500
and a minimum of$100 for each violation. Ms. Epperson made motion to approve as suggested by Ms. Rocha and the
motion was seconded by Ms,Duggar and approved by all.
J. Discussion/Action on Approval/Disapproval of an ordinance of the City of Cibolo establishing the
minimum regulations governing the conditions and maintenance of all property,buildings and structures;
by providing the standards for supplied utilities and facilities and other physical things and conditions
essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of.
buildings and structures unfit for human occupancy and use and the demolition of such structures;known
as the Fuel Gas Code.
MS ROCHA recommended the adoption of the amended ordinance and recommended a maximum fine of$500
and a minimum of$100 for each violation. It does not repeal an existing code as this section had not been part of
Ordinance 507. Mr. Glisar moved for approval with a second by Ms. Epperson and the the motion was approved by all.
K. Discussion/Action on Approval/Disapproval of an ordinance of the City of Cibolo adopting the 2000
edition of the International Mechanical Code,regulating and controlling the design, construction, quality
of materials, erection, installation, alteration, repair,location, relocation, replacement, addition to,use or
maintenance of mechanical systems in the City of Cibolo;providing for the issuance of permits and
collection of fees therefore; repealing Ordinance No. 507 of the City of Cibolo and all other ordinances
and parts of the ordinances in conflict therewith.
Ms.Rocha recommended the adoption of the amended ordinance and recommended a maximum fine of$500
and a minimum of$100 for each violation and that the"imprisonment section"be stricken. Existing section
didn't have a refund provision and Ms. Rocha recommended a 50%refund with the other 50%kept as an
administrative fee if items 2 and 3. Ms. Duggar made a motion to approve ordinance adopting International
Mechanical Code with fines and misdemeanor charges, seconded by Ms. Epperson and approved by all.
L. Discussion/Action on Approval/Disapproval An ordinance of the City of Cibolo adopting the 2000 edition
of the International Private Sewage Disposal(OSSF) Code,regulating and controlling the design,
construction, quality of materials, erection, installation, alteration, repair,location, relocation, replacement,
addition to,use or maintenance of sewage systems in the City of Cibolo; providing for the issuance of
permits and collection of fees therefor; repealing Ordinance No. 507 of the City of Cibolo and all other
ordinances and parts of the ordinances in conflict therewith
Ms. Rocha stated that this section can a fine up tp $2,000 with a minimum of$100. She again advised
to strike the imprisonment clause and set the same refund as the other sections of the ordinance(50%). Keith
Gilbreath said that this section deals with septic tanks. Mr. Glisar motioned to approve the International
Private Sewage Disposal (OSSF) Code with fines as recommended by Ms. Rocha, and the motion was
seconded by Ms. Epperson and then approved by all.
M. Discussion/Action on Approval/Disapproval of an ordinance of the City of Cibolo adopting the 2000
edition of the International Plumbing Code, regulating and controlling the design, construction, quality of
materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or
maintenance of plumbing systems in the City of Cibolo;providing for the issuance of permits and
collection of fees therefore when used with money; repealing Ordinance No. 507 of the City of Cibolo and
all other ordinances and parts of the ordinances in conflict therewith
MS.ROCHA recommended the adoption of the amended ordinance and recommended a maximum fine
of$500 and a minimum of$100 for each violation and a$50 re-inspection fee. Motion to adopt by Mr
Glisar with a second by Ms. Duggar.Approved by all.
N. Discussion/Action on Approval/Disapproval of An ordinance of the City of Cibolo adopting the 2000
edition of the International Energy Conservation Code and to comply with the requirement mandated in
Senate Bill 5 passed by the Texas Legislature, regulating and controlling the design, construction, quality
of materials, erection, installation, alteration, repair,location, relocation, replacement, addition to,use or
maintenance of the building envelope, mechanical, lighting and power systems in the City of Cibolo;
providing for the issuance of permits and collection of fees therefore; repealing any and all other
ordinances and parts of the ordinances in conflict therewith.
Ms. Rocha said that this action is required because of passage of State of Texas, Senate Bill 5.
Ms.Rocha recommended the adoption of the amended ordinance and recommended a maximum fine of$500
and a minimum of$100 for each violation when there is a stop order given. Builders have been made aware of
the regulation. Motion to adopt was made by Ms. Epperson and seconded by Mr.Glisar;then approved by all.
0. Discussion/Action on Approval/Disapproval of An ordinance of the City of Cibolo adopting the 2000
edition of the International Residential Code,regulating and controlling the design, construction, quality
of materials, erection, installation, alteration, repair,location, relocation, replacement, addition to,use or
maintenance of one-and two-family dwellings and townhouses in the City of Cibolo;providing for the
issuance of permits and collection of fees therefor when used with money; repealing any and all other
ordinances and parts of the ordinances in conflict therewith.
Ms.Rocha said that this section included the plumbing code and recommended the adoption of the amended
ordinance and recommended a maximum fine of$500 and a minimum of$100 for each violation. Motion to
adopt was made by Mr. Glisar and seconded by Ms. Duggar,and approved by all.
10. Discussion and Action Items
A. Discussion/Approval request for approval/disapproval of Final Subdivision Plat establishing the Cibolo
High School Site
Mr. Gilbreath briefed the Council concerning changes to the final plat and said that two issues on which details
remained: (1)water service; and(2) sewer service.He said completion is scheduled for 2004 and that
construction water would be needed by next July,therefore he agreed that a master meter could be set on the
Green Valley line and that the school could receive water from there during construction. Less certain was the
permanent source of water. He said staying on Green Valley water instead of the City of Cibolo's CRWA line
would increase the school payments on impact fees a lot. Councilwoman Epperson asked if all the correction
from the preliminary plat had been completed. Concerning the water source,Mr. Glisar said that ultimately it
should come from the City engineer, Rudy Klein. Mr. Klein discussed options for water and sewer service and
mentioned that there would be pressure problems if a booster station was not included in any water line plan
along FM 1103 His short term recommendation was that the School could put in a booster station for Green
Valley water(Which he said he believed was only 40 pounds of pressure at the proposed connection at the
back of the school)and then connect with the City Main at a later time. He said there was very little options
concerning the sewer.
Kenneth Roth, engineer for the school, asked the council to grant approval for the final plat and work out the
water and sewer issues later. Mr. Glisar said he had no problem approving the provision tah tproblems would
be worked out as they arise. Ms. Epperson asked if there would be two booster stations and Mr. Klein said no.
Mr. David Fluker of the school district said that there was no money budgeted in the project to hook up with
the City Water line. Mr. Gilbreath recommended approval of the plat with water and sewer problems to be
worked out by staff,the engineer and the school.
Mr. Balcar recommending getting the site Green Valley water for temporary construction but said tah the long-
range solution is to require the school to be on Cibolo's system. He also recommended not approving the
school plat until the problems had been resolved.He said that the School district should provide the City with
a certificate of serviceability from Green Valley, as required by ordinance.
Mr. Klein said that it could be approved for temporary purposes with the understanding that when the school
was open it would be hooked up to the 12 inch mainline.
Ms. Duggar motioned to disapprove the plat, seconded by Epperson. All voted for Ms. Duggar's motion.
B. Consideration of two change-orders for the Cibolo Water Booster Station. The first is $6,850 and the
second is $450.
The Council was informed that all work had been finished since the previous day at around one in the
afternoon. The Mayor asked about the window A/C unit and its costs. Mr. Kleoin said that this unit also
provided heat when required. The Final cost is to be$173,448 for the Booster station.Mr. Glisar made th
emotion to approve the change orders and second was provided by Ms. Epperson. All voted in favor.
C. Discussion/Action on applying for a lease an additional 150 acre-feet of water from the Regional
Water Resource Development Group.
Chuck Balcar briefed the Council on the October offering of RWRDG water leases.He said the 150 additional
acre-feet would be an insurance policy in case CRWA did not have its project completed in time. Mr. Glisar
made the motion to authoiring the City Administrator to apply for the additional lease rights, second was
provided by Ms. Epperson and all voted in favor.
D. Appointment of Planning and Zoning Commissioner to fill the remaining term of Rebecca Campbell.
The Mayor recommended Ms. Carolyn Tauzin to the vacancy. Ms.Epperson made the motion to appoint Ms.
Tauzin and second came from Mr. Glisar. Approved by all.
E. Appointment of members to the Capital Improvements Advisory Committee:
1. A regular member from within the Planning and Zoning Commission to replace Rebecca Campbell
2. An Alternate member from within the Planning and Zoning Commission to replace Eddie Williams,
currently the alternate member.
Ms. Epperson moved to appoint Mr. Eddie Williams as a regular member of the Committee (he had been
an alternate) and to appoint Ms.Tauzin as an alternate member. Second by Mr. Glisar,approved by all.
11. Comments
A. City Staff
Mr. Klein discussed the school district site and stated that he had been told that the District was only looking
for a temporary water source for construction.
He stated that the"Ridges at Deer Creek"were now under construction and they had created a drainage
problem on Sunflower and he was going to meet with the engineer Don McCrary to find a solution..
He discussed the problem on the work that was done on Indian Circle and recommended that the City pay
another 5%and keep the other 5%in reserve. He asked for permission to take core samples of the road
material to see if he could determine cause for failure.
Chuck Balcar told the council about the proposed joint meeting with Schertz on October 17th.
B. City Attorney
Ms.Rocha said that she appreciated the chance to serve the City.
C. City Council
Councilman O'Brein apologized for being late.
D. Mayor
NONE
12. Adjournment
Mr. Glisar moved for Adjournment, seconded by Ms Epperson. Ended at 9:45 p.m.
M
n
APPROVED THIS 9TH DAY OF OCTOBER,2001.
Charles Ruppert
Mayor
ATTEST
jtyvonne Griffin
Secretary