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City Council

Regular Meeting

Boerne, TX · October 25, 2016

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Minutes

MINUTES REGULAR CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 124 Old San Antonio Road Boerne, TX 78006 October 25, 2016 – 6:00 PM Minutes of the Regular City Council Meeting of October 25, 2016 at 6:00 p.m. Present: 6- Mayor Michael Schultz, Council Member Joe Anzollitto, Council Member Nina Woolard, Council Member Charlie Boyd IV, Mayor Pro Tem Ron Cisneros, and Council Member Craig Colvin Staff Present: Ron Bowman, Siria Arreola, Lori Carroll, Kirsten Cohoon, Lissette Jimenez, Jim Kohler, Mike Mann, Mark Mattick, Sandy Mattick, Doug Meckel, Susana Ramos, Mike Raute, Angie Rios, Laura Talley, Jeff Thompson, Larry Woods, and Linda Zartler. Recognized / Registered Guests: Bill Canavan, Vicki Moore, Richard Elkins, Genevieve Jones, Dora Haynes, Vickie Nickel, Nicolas Siller, J. Shane Howard, and Charlene Jones. 1. CALL TO ORDER – 6:00 PM Mayor Schultz called the City Council to order at 6:00 p.m. Mayor Schultz asked for a Moment of Silence. Mayor Schultz asked Nicolas Siller to lead the Pledge of Allegiance to the United States Flag and to the Texas Flag. Mayor Schultz stated the Nicolas was attending the City Council meeting for a Boy Scout project. 2. CONFLICTS OF INTEREST No conflicts were declared. 3. PUBLIC COMMENTS: City of Boerne Page 1 City Council Official Meeting Minutes October 25, 2016 No public comments were received. 4. CONSENT AGENDA: A. 2016-954 APPROVAL OF CITY COUNCIL MEETING MINUTES OF THE SPECIAL CALLED CITY COUNCIL MEETING OCTOBER 7, 2016 (Grand Opening Of Kinderpark) AND THE REGULAR CITY COUNCIL MEETING MINUTES OF OCTOBER 11, 2016. THE MINUTES WERE APPROVED. B. 2016-955 CONSIDER ON SECOND READING ORDINANCE NO. 2016-38; AN ORDINANCE AMENDING THE CITY OF BOERNE ZONING ORDINANCE NO. 2007-64, CAPTIONED, “ZONING ORDINANCE OF THE CITY OF BOERNE, TEXAS”, DATED DECEMBER 18, 2007, ARTICLE 5, SECTION 3 PERMITTED USES, TABLE 5-1, AUTHORIZING THE USE OF CONTRACTORS IN A B-2, HIGHWAY COMMERCIAL DISTRICT LOCATED AT 44 AND 46 OLD SAN ANTONIO ROAD. (KAD Nos. 42070, 15863, 14796, and 42069.) (Howell R. Moore, Michelle L. Moore, Vicki Reid Moore, Leon Grivell III, A Total Of 2.811 Acres.) THE ORDINANCE WAS APPROVED. C. 2016-983 CONSIDER ON FIRST READING ORDINANCE NO. 2016-39; AN ORDINANCE REPEALING AND REPLACING ORDINANCE NO. 2006-39 CAPTIONED, “GRANTING THE RIGHT, PRIVILEGE AND FRANCHISE TO BANDERA ELECTRIC COOPERATIVE, INC., AND ITS SUCCESSORS AND ASSIGNS, TO USE THE PUBLIC RIGHTS-OF-WAY OF THE CITY OF BOERNE, TEXAS FOR THE DISTRIBUTION OF ELECTRIC POWER AND BROADBAND SERVICES; PROVIDING FOR PERIOD OF GRANT; FOR METHOD OF ACCEPTANCE; FOR CONSIDERATION; FOR CONSTRUCTION AND RELOCATION OF SYSTEM FACILITIES; FOR ASSIGNMENT; AND FOR REPEAL OF CONFLICTING ORDINANCES.” THE FIRST READING OF THE ORDINANCE WAS APPROVED. D. 2016-972 CONSIDER RESOLUTION NO. 2016-R106; A RESOLUTION AUTHORIZING THE CITY MANAGER TO PROCEED WITH City of Boerne Page 2 City Council Official Meeting Minutes October 25, 2016 PURCHASES AS PER SECTION 6.08 OF THE CITY OF BOERNE’S HOME RULE CHARTER. (Truck for Electric Department) THE RESOLUTION WAS APPROVED. E. 2016-973 CONSIDER RESOLUTION NO. 2016-R107; A RESOLUTION AUTHORIZING THE CITY MANAGER TO PROCEED WITH PURCHASES AS PER SECTION 6.08 OF THE CITY OF BOERNE’S HOME RULE CHARTER. (Truck for Public Works Administration Department) THE RESOLUTION WAS APPROVED. F. 2016-974 CONSIDER RESOLUTION NO. 2016-R108; A RESOLUTION AUTHORIZING THE CITY MANAGER TO PROCEED WITH PURCHASES AS PER SECTION 6.08 OF THE CITY OF BOERNE’S HOME RULE CHARTER. (Forklift for the Street Department) THE RESOLUTION WAS APPROVED. G. 2016-976 CONSIDER RESOLUTION NO. 2016-R109; A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AND MANAGE AN AGREEMENT WITH MCCOY TREE SURGERY THROUGH THE LOWER COLORADO RIVER AUTHORITY FOR TREE TRIMMING SERVICES. THE RESOLUTION WAS APPROVED. H. 2016-944 CONSIDER RESOLUTION NO. 2016-R110; A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AND MANAGE A LEASE AGREEMENT WITH APPLE. (For iPads) THE RESOLUTION WAS APPROVED. I. 2016-977 CONSIDER RESOLUTION NO. 2016-R111; A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AND MANAGE A PURCHASE AGREEMENT WITH RUDKIN PRODUCTIONS FOR 2017 PARKS AND RECREATION GUIDE BOOKS. City of Boerne Page 3 City Council Official Meeting Minutes October 25, 2016 THE RESOLUTION WAS APPROVED. A MOTION WAS MADE BY COUNCIL MEMBER WOOLARD, SECONDED BY COUNCIL MEMBER BOYD IV TO APPROVE THE CONSENT AGENDA. THE MOTION CARRIED BY THE FOLLOWING VOTE: YEAH: 5 - COUNCIL MEMBER ANZOLLITTO, COUNCIL MEMBER WOOLARD, COUNCIL MEMBER BOYD IV, MAYOR PRO TEM CISNEROS, AND COUNCIL MEMBER COLVIN 5. PUBLIC HEARING – To Hear Comments On The Following: A. 2016-956 PROPOSED PERMANENT ZONING OF THE DURANGO TRACT SUBDIVISION, A TOTAL OF 40.892 ACRES, FROM R-A, SINGLE-FAMILY RURAL RESIDENTIAL - AGRICULTURAL DISTRICT TO RN-1, NEIGHBORHOOD RESIDENTIAL DISTRICT, KAD NOS. 153712, 153713, 153714, 153715, AND 153716. (William E. Canavan Jr. Durango Development - First Of One Hearing) Mayor Schultz opened the Public Hearing at 6:05 p.m. No comments were received. Mayor Schultz closed the Public Hearing at 6:06 p.m. B. 2016-957 PROPOSED REZONING OF 502 SCHOOL STREET, A TOTAL OF 4.83 ACRES, FROM R-1, MEDIUM DENSITY SINGLE-FAMILY RESIDENTIAL DISTRICT TO B-1, HIGH-DENSITY RESIDENTIAL AND NEIGHBORHOOD COMMERCIAL DISTRICT, KAD NO. 14412. (Original request was for B-2R, Highway Commercial-Restricted District, Genevieve Jones - First Of One Hearing) Mayor Schultz opened the Public Hearing at 6:06 p.m. No comments were received. Mayor Schultz closed the Public Hearing at 6:06 p.m. City of Boerne Page 4 City Council Official Meeting Minutes October 25, 2016 C. 2016-958 PROPOSED ANNEXATION OF 21.688 ACRES OF LAND LOCATED AT 1700 RIVER ROAD - KAD NOS. 15024 AND 15025 AT THE REQUEST OF THE CITY OF BOERNE. (1700 River Road, property owner Shirley Rittimann- First of Two Hearings) Mayor Schultz opened the Public Hearing at 6:07 p.m. No comments were received. Mayor Schultz closed the Public Hearing at 6:07 p.m. 6. TAKE ANY NECESSARY ACTION RESULTING FROM THE PUBLIC HEARING: A. 2016-959 CONSIDER ON FIRST READING ORDINANCE NO. 2016-40; AN ORDINANCE AMENDING THE CITY OF BOERNE ZONING ORDINANCE NO. 2007-64, CAPTIONED, “ZONING ORDINANCE OF THE CITY OF BOERNE, TEXAS”, DATED DECEMBER 18, 2007, BY AMENDING ARTICLE 3, SECTION 13, PERMANENT ZONING OF 40.892 ACRES LOCATED AT SHOOTING CLUB ROAD (KAD NOS. 153712, 153713, 153714, 153715, AND 153716) FROM R-A, SINGLE-FAMILY RURAL RESIDENTIAL-AGRICULTURAL DISTRICT TO RN-1, NEIGHBORHOOD RESIDENTIAL DISTRICT; REPEALING ALL ORDINANCES IN CONFLICT; CONTAINING A SEVERANCE CLAUSE; AND DECLARING AN EFFECTIVE DATE. (William E. Canavan Jr., Durango Development) Mayor Schultz called on Mr. Jeff Thompson, Deputy City Manager. Mr. Thompson displayed a map of the property location. He stated that the developer plans to subdivide the 40.892 acres located off of Shooting Club Road across from the North Industrial Park into approximately 100 home sites. The Planning and Zoning Commission voted 5-0 in favor of the permanent zoning of RN-1, Neighborhood Residential District. Mr. Thompson discussed the topography of the property and how it is too extreme for industrial development. City of Boerne will provide the utilities with the exception of water service which will be provided by Kendall West Utility and Bandera Electric Cooperative will provide the electric service. City of Boerne Page 5 City Council Official Meeting Minutes October 25, 2016 A MOTION WAS MADE BY COUNCIL MEMBER ANZOLLITTO, SECONDED BY COUNCIL MEMBER WOOLARD, TO APPROVE ON FIRST READING ORDINANCE NO. 2016-40; AN ORDINANCE AMENDING THE CITY OF BOERNE ZONING ORDINANCE NO. 2007-64, CAPTIONED, “ZONING ORDINANCE OF THE CITY OF BOERNE, TEXAS”, DATED DECEMBER 18, 2007, BY AMENDING ARTICLE 3, SECTION 13, PERMANENT ZONING OF 40.892 ACRES LOCATED AT SHOOTING CLUB ROAD (KAD NOS. 153712, 153713, 153714, 153715, AND 153716) FROM R-A, SINGLE-FAMILY RURAL RESIDENTIAL-AGRICULTURAL DISTRICT TO RN-1, NEIGHBORHOOD RESIDENTIAL DISTRICT; REPEALING ALL ORDINANCES IN CONFLICT; CONTAINING A SEVERANCE CLAUSE; AND DECLARING AN EFFECTIVE DATE. (WILLIAM E. CANAVAN JR., DURANGO DEVELOPMENT). THE MOTION CARRIED BY THE FOLLOWING VOTE: Yeah: 5 - Council Member Anzollitto, Council Member Woolard, Council Member Boyd IV, Mayor Pro Tem Cisneros, and Council Member Colvin B. 2016-960 CONSIDER ON FIRST READING ORDINANCE NO. 2016-41; AN ORDINANCE AMENDING THE CITY OF BOERNE ZONING ORDINANCE NO. 2007-64, CAPTIONED, “ZONING ORDINANCE OF THE CITY OF BOERNE, TEXAS”, DATED DECEMBER 18, 2007, BY AMENDING ARTICLE 3, SECTION 14, REZONING 4.83 ACRES LOCATED AT 502 SCHOOL STREET (KAD NO. 14412), FROM R-1, MEDIUM DENSITY SINGLE-FAMILY RESIDENTIAL DISTRICT TO B-1, HIGH-DENSITY RESIDENTIAL AND NEIGHBORHOOD COMMERCIAL DISTRICT; REPEALING ALL ORDINANCES IN CONFLICT; CONTAINING A SEVERANCE CLAUSE; AND DECLARING AN EFFECTIVE DATE. (Original request was for B-2R, Highway Commercial-Restricted District, Genevieve Jones) Mr. Thompson continued with the proposed rezoning of 502 School Street. A map was displayed of the location. Mr. Thompson stated that a Memory Care Facility was planned for the property. The property owner originally requested the property be rezoned B-2R, Highway Commercial Restricted District, but the Planning and Zoning Commission voted in favor of a B-1, High-Density Residential and Neighborhood Commercial District which is more restrictive. A B-1 zoning will require City Council's approval for a use of a long term care City of Boerne Page 6 City Council Official Meeting Minutes October 25, 2016 facility for memory care. Discussion ensued regarding requirements of the developer relating to road widening, curbing, sidewalks, and dedicated right of way. A MOTION WAS MADE BY COUNCIL MEMBER WOOLARD, SECONDED BY MAYOR PRO TEM CISNEROS, TO APPROVE ON FIRST READING ORDINANCE NO. 2016-41; AN ORDINANCE AMENDING THE CITY OF BOERNE ZONING ORDINANCE NO. 2007-64, CAPTIONED, “ZONING ORDINANCE OF THE CITY OF BOERNE, TEXAS”, DATED DECEMBER 18, 2007, BY AMENDING ARTICLE 3, SECTION 14, REZONING 4.83 ACRES LOCATED AT 502 SCHOOL STREET (KAD NO. 14412), FROM R-1, MEDIUM DENSITY SINGLE-FAMILY RESIDENTIAL DISTRICT TO B-1, HIGH-DENSITY RESIDENTIAL AND NEIGHBORHOOD COMMERCIAL DISTRICT; REPEALING ALL ORDINANCES IN CONFLICT; CONTAINING A SEVERANCE CLAUSE; AND DECLARING AN EFFECTIVE DATE. (ORIGINAL REQUEST WAS FOR B-2R, HIGHWAY COMMERCIAL-RESTRICTED DISTRICT, GENEVIEVE JONES). THE MOTION CARRIED BY THE FOLLOWING VOTE: Yeah: 5 - Council Member Anzollitto, Council Member Woolard, Council Member Boyd IV, Mayor Pro Tem Cisneros, and Council Member Colvin 7. 2016-978 CONSIDER MAYORAL APPOINTMENTS TO THE VARIOUS BOARDS AND COMMISSIONS Mayor Schultz reviewed his recommendation for the appointment of Mr. Rich McCormick to the Zoning Board of Adjustments to fill the unexpired term of Mr. Paul Certo. He also recommended Mr. William Avery to be appointed to fill a vacancy on the Ethics Review Commission. A MOTION WAS MADE BY COUNCIL MEMBER BOYD IV, SECONDED BY COUNCIL MEMBER ANZOLLITTO, TO APPROVE THE MAYORAL APPOINTMENTS TO THE VARIOUS BOARDS AND COMMISSIONS AS PRESENTED. THE MOTION CARRIED BY THE FOLLOWING VOTE: Yeah: 5 - Council Member Anzollitto, Council Member Woolard, Council Member Boyd IV, Mayor Pro Tem Cisneros, and Council Member Colvin 8. 2016-981 PRESENTATION OF CERTIFICATE OF ACHIEVEMENT FOR City of Boerne Page 7 City Council Official Meeting Minutes October 25, 2016 EXCELLENCE IN FINANCIAL REPORTING FROM THE GOVERNMENT FINANCE OFFICERS ASSOCIATION FOR FISCAL YEAR 2014-2015. Mayor Schultz announced that the City has received the Certificate of Achievement for Excellence in Financial Reporting for a total 33 years with the last 29 years being consecutive. Mayor Schultz expressed his appreciation to City Manager Ron Bowman and City Staff and stated that this award should not be taken for granted. Boerne was one of 193 cities in Texas to receive the award. 9. 2016-988 CONSIDER A ONE-TIME READING OF ORDINANCE NO. 2016-42; AS PERMITTED BY THE CITY OF BOERNE’S HOME RULE CHARTER, SECTION 3.11.A. A MOTION WAS MADE BY COUNCIL MEMBER BOYD IV, SECONDED BY MAYOR PRO TEM CISNEROS, TO APPROVE A ONE-TIME READING OF ORDINANCE NO. 2016-42; AS PERMITTED BY THE CITY OF BOERNE’S HOME RULE CHARTER, SECTION 3.11.A. THE MOTION CARRIED BY THE FOLLOWING VOTE: Yeah: 5 - Council Member Anzollitto, Council Member Woolard, Council Member Boyd IV, Mayor Pro Tem Cisneros, and Council Member Colvin 10. 2016-985 CONSIDER ORDINANCE NO. 2016-42; AN ORDINANCE AMENDING ORDINANCE NO. 2015-30; CAPTIONED “AN ORDINANCE ADOPTING THE ANNUAL CAPITAL AND OPERATING BUDGETS FOR THE CITY OF BOERNE, TEXAS FOR THE FISCAL YEAR 2015-2016, BEGINNING OCTOBER 1, 2015 AND ENDING SEPTEMBER 30, 2016.” Mayor Schultz called on Ms. Sandy Mattick, Finance Director. Ms. Mattick reviewed the year end budget amendments. The General Fund, Park Fund, Library Fund, Electric Fund, Water Fund, Wastewater Fund, and Solid Waste Fund were included in the adjustment. City of Boerne Page 8 City Council Official Meeting Minutes October 25, 2016 A MOTION WAS MADE BY MAYOR PRO TEM CISNEROS, SECONDED BY COUNCIL MEMBER WOOLARD, TO APPROVE ORDINANCE NO. 2016-42; AN ORDINANCE AMENDING ORDINANCE NO. 2015-30; CAPTIONED “AN ORDINANCE ADOPTING THE ANNUAL CAPITAL AND OPERATING BUDGETS FOR THE CITY OF BOERNE, TEXAS FOR THE FISCAL YEAR 2015-2016, BEGINNING OCTOBER 1, 2015 AND ENDING SEPTEMBER 30, 2016.” THE MOTION CARRIED BY THE FOLLOWING VOTE: Yeah: 5 - Council Member Anzollitto, Council Member Woolard, Council Member Boyd IV, Mayor Pro Tem Cisneros, and Council Member Colvin 11. 2016-984 RECEIVE FOURTH QUARTER FINANCIAL/INVESTMENT REPORTS FOR FY 2015-2016. Ms. Mattick continued with the Fourth Quarter Financial Report. She stated that revenues before transfers were above projection at 107.79%. Expenditures were below projections at 91.76%, sales tax collections were up 12.35% and ad valorem tax collections were at 98.89%. For the Utility Funds: Electric revenues were at 102.2% of budget and expenditures were below projections at 98.09%; Water revenues were at 108.11% of budget and expenditures were below projections at 99.21%; Wastewater revenues were at 107.48% of budget and expenditures were below projections at 92.94%; Gas revenues were at 88.41% of budget and expenditures were below projections at 86.78%. Ms. Mattick reviewed the Fourth Quarter Investment Report stating that the City of Boerne invested in TexPool, MBIA, Texas TERM, TexStar, Government Agencies, a municipal bond, commercial paper, and several Certificates of Deposit. Interest earned for this quarter totaled $66,108. Mayor Schultz expressed his appreciate to Staff for a job well done. A MOTION WAS MADE BY COUNCIL MEMBER WOOLARD, SECONDED BY COUNCIL MEMBER COLVIN, TO RECEIVE AND APPROVE THE FOURTH QUARTER FINANCIAL/INVESTMENT REPORTS FOR FY 2015-2016. THE MOTION CARRIED BY THE FOLLOWING VOTE: Yeah: 5 - Council Member Anzollitto, Council Member Woolard, Council Member Boyd IV, Mayor Pro Tem Cisneros, and Council Member Colvin City of Boerne Page 9 City Council Official Meeting Minutes October 25, 2016 12. 2016-982 CONSIDER ON FIRST READING ORDINANCE NO. 2016-43; AN ORDINANCE REPEALING AND REPLACING ORDINANCE NO. 2015-39 CAPTIONED “AN ORDINANCE ESTABLISHING AND REESTABLISHING FEES AND CHARGES FOR ACTIVITIES, GOODS AND SERVICES PROVIDED BY THE CITY; CONTAINING A PROVISION TO AUTHORIZE THE CITY MANAGER TO ESTABLISH FEES AND CHARGES IN CERTAIN CIRCUMSTANCES, CONTAINING FINDINGS AND OTHER PROVISIONS RELATING TO THE SUBJECT.” Ms. Mattick continued with the City's Fee Ordinance amendments as recommended by Staff. Ms. Mattick reviewed the proposed changes which will go into effect January 1, 2017. A MOTION WAS MADE BY COUNCIL MEMBER ANZOLLITTO, SECONDED BY COUNCIL MEMBER WOOLARD, TO APPROVE ON FIRST READING ORDINANCE NO. 2016-43; AN ORDINANCE REPEALING AND REPLACING ORDINANCE NO. 2015-39 CAPTIONED “AN ORDINANCE ESTABLISHING AND REESTABLISHING FEES AND CHARGES FOR ACTIVITIES, GOODS AND SERVICES PROVIDED BY THE CITY; CONTAINING A PROVISION TO AUTHORIZE THE CITY MANAGER TO ESTABLISH FEES AND CHARGES IN CERTAIN CIRCUMSTANCES, CONTAINING FINDINGS AND OTHER PROVISIONS RELATING TO THE SUBJECT.” THE MOTION CARRIED BY THE FOLLOWING VOTE: Yeah: 5 - Council Member Anzollitto, Council Member Woolard, Council Member Boyd IV, Mayor Pro Tem Cisneros, and Council Member Colvin 13. 2016-979 CONSIDER RESOLUTION NO. 2016-R112; A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AND MANAGE AN AGREEMENT BETWEEN THE CITY OF BOERNE AND BURDITT CONSULTANTS, LLC FOR AN UPDATE TO THE BOERNE MASTER PLAN AND DISCUSSION SURROUNDING NEGOTIATION OF POTENTIAL AMENDMENTS TO SUCH AGREEMENT FOR A SUBSTANTIVE REVIEW OF CERTAIN CITY ORDINANCES. Mayor Schultz called on Mr. Jeff Thompson, Deputy City Manager. Mr. Thompson stated that a committee was previously formed to assist staff in choosing a consulting firm to perform an update the City's 2006 Master Plan. The committee recommended Burditt Land-Place Consultants. Staff is now City of Boerne Page 10 City Council Official Meeting Minutes October 25, 2016 asking the City Council to authorize the City Manager to enter into and manage an agreement with Burditt Land-Place Consultants not to exceed $96,500. It is anticipated that in November or December Staff will likely return to City Council to amend the contract to include additional options and ordinance updates. The total budget for this project is $150,000. Mr. Thompson introduced Mr. Shane Howard with Burditt Land-Place Consultants in the audience. Mr. Howard stated that Boerne is experiencing significant growth and has a dynamic group of people and looks forward to working with City Staff on the Master Plan update. Discussion ensued regarding public involvement and input. A MOTION WAS MADE BY COUNCIL MEMBER COLVIN, SECONDED BY MAYOR PRO TEM CISNEROS, TO APPROVE RESOLUTION NO. 2016-R112; A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AND MANAGE AN AGREEMENT BETWEEN THE CITY OF BOERNE AND BURDITT CONSULTANTS, LLC FOR AN UPDATE TO THE BOERNE MASTER PLAN AND DISCUSSION SURROUNDING NEGOTIATION OF POTENTIAL AMENDMENTS TO SUCH AGREEMENT FOR A SUBSTANTIVE REVIEW OF CERTAIN CITY ORDINANCES. THE MOTION CARRIED BY THE FOLLOWING VOTE: Yeah: 5 - Council Member Anzollitto, Council Member Woolard, Council Member Boyd IV, Mayor Pro Tem Cisneros, and Council Member Colvin 14. 2016-961 CONSIDER RESOLUTION NO. 2016-R113; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOERNE, TEXAS, ACCEPTING THE PETITION AND SETTING THE DATE, TIME, AND PLACE FOR TWO PUBLIC HEARINGS ON THE PROPOSE ANNEXATION OF CERTAIN PROPERTY BY THE CITY OF BOERNE, TEXAS; AUTHORIZING AND DIRECTING THE PUBLICATION OF NOTICE OF SUCH PUBLIC HEARINGS. (22.558 acres located at 134 Cascade Caverns Road at the request of ML&E Landquest Cascade Caverns, LLC.- Southglen Subdivision Phase 1) Mr. Thompson stated the Staff has received an annexation request for two properties located within the Southglen Subdivision on Cascade Caverns Road. He stated that these properties were not included in the initial annexation of Southglen due to the size restrictions governed by the Texas Local Government City of Boerne Page 11 City Council Official Meeting Minutes October 25, 2016 Code. An annexation cannot exceed more than one mile in width. He displayed a map of the location. As a requirement of the annexation process, the City Council at this time needs to set the date and time for two public hearings. A MOTION WAS MADE BY MAYOR PRO TEM CISNEROS, SECONDED BY COUNCIL MEMBER WOOLARD, TO APPROVE RESOLUTION NO. 2016-R113; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOERNE, TEXAS, ACCEPTING THE PETITION AND SETTING THE DATE, TIME, AND PLACE FOR TWO PUBLIC HEARINGS ON THE PROPOSE ANNEXATION OF CERTAIN PROPERTY BY THE CITY OF BOERNE, TEXAS; AUTHORIZING AND DIRECTING THE PUBLICATION OF NOTICE OF SUCH PUBLIC HEARINGS. (22.558 ACRES LOCATED AT 214 AND 134 CASCADE CAVERNS ROAD AT THE REQUEST OF ML&E LANDQUEST CASCADE CAVERNS, LLC. - SOUTHGLEN SUBDIVISION PHASE 1). THE MOTION CARRIED BY THE FOLLOWING VOTE: Yeah: 5 - Council Member Anzollitto, Council Member Woolard, Council Member Boyd IV, Mayor Pro Tem Cisneros, and Council Member Colvin 15. COMMENTS FROM COUNCIL/LEGAL COUNSEL/STAFF – No discussion or action may take place. Mayor Schultz welcomed back Ms. Laura Talley, Planning and Community Development Director. Council Member Colvin stated he escorted his daughter with her kindergarten class to the Fire Department for a field trip. He asked Chief Meckel to express his appreciation to his staff for a good job with the children. City Manager Ron Bowman notified the City Council that Arch "Beaver" Alpin closed on the property. 16. ADJOURNMENT A MOTION WAS MADE BY COUNCIL MEMBER COLVIN, SECONDED BY COUNCIL MEMBER ANZOLLITTO, TO ADJOURN THE MEETING AT 6:54 P.M. THE MOTION CARRIED BY THE FOLLOWING VOTE: City of Boerne Page 12 City Council Official Meeting Minutes October 25, 2016 Yeah: 5 - Council Member Anzollitto, Council Member Woolard, Council Member Boyd IV, Mayor Pro Tem Cisneros, and Council Member Colvin APPROVED: s/s Michael D. Schultz Mayor ATTEST: s/s Lori A. Carroll City Secretary City of Boerne Page 13

Agenda

AGENDA REGULAR CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 124 Old San Antonio Road Boerne, TX 78006 October 25, 2016 – 6:00 PM 1. CALL TO ORDER – 6:00 PM MOMENT OF SILENCE PLEDGE OF ALLEGIANCE TO THE UNITED STATES FLAG PLEDGE OF ALLEGIANCE TO THE TEXAS FLAG (Honor the Texas flag, I pledge allegiance to thee, Texas – one state under God, one and indivisible.) 2. CONFLICTS OF INTEREST 3. PUBLIC COMMENTS: 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) 4. CONSENT AGENDA: All items listed below within the Consent Agenda are considered to be routine by the City Council and may be enacted with one motion. There will be no separate discussion of items unless a Council Member or citizen so requests, in which event the item may be moved to the general order of business and considered in its normal sequence. A. 2016-954 APPROVAL OF CITY COUNCIL MEETING MINUTES OF THE SPECIAL CALLED CITY COUNCIL MEETING OCTOBER 7, 2016 (Grand Opening Of Kinderpark) AND THE REGULAR CITY COUNCIL MEETING MINUTES OF OCTOBER 11, 2016. B. 2016-955 CONSIDER ON SECOND READING ORDINANCE NO. 2016-38; AN ORDINANCE AMENDING THE CITY OF BOERNE ZONING ORDINANCE NO. 2007-64, CAPTIONED, “ZONING ORDINANCE OF THE CITY OF BOERNE, TEXAS”, DATED DECEMBER 18, 2007, ARTICLE 5, SECTION 3 PERMITTED USES, TABLE 5-1, AUTHORIZING THE USE OF CONTRACTORS IN A B-2, HIGHWAY COMMERCIAL DISTRICT LOCATED AT 44 AND 46 OLD SAN ANTONIO ROAD. (KAD Nos. 42070, 15863, 14796, and 42069.) City of Boerne Page 1 Printed on 10/21/2016 City Council Agenda October 25, 2016 (Howell R. Moore, Michelle L. Moore, Vicki Reid Moore, Leon Grivell III, A Total Of 2.811 Acres.) C. 2016-983 CONSIDER ON FIRST READING ORDINANCE NO. 2016-39; AN ORDINANCE REPEALING AND REPLACING ORDINANCE NO. 2006-39 CAPTIONED, “GRANTING THE RIGHT, PRIVILEGE AND FRANCHISE TO BANDERA ELECTRIC COOPERATIVE, INC., AND ITS SUCCESSORS AND ASSIGNS, TO USE THE PUBLIC RIGHTS-OF-WAY OF THE CITY OF BOERNE, TEXAS FOR THE DISTRIBUTION OF ELECTRIC POWER AND BROADBAND SERVICES; PROVIDING FOR PERIOD OF GRANT; FOR METHOD OF ACCEPTANCE; FOR CONSIDERATION; FOR CONSTRUCTION AND RELOCATION OF SYSTEM FACILITIES; FOR ASSIGNMENT; AND FOR REPEAL OF CONFLICTING ORDINANCES.” D. 2016-972 CONSIDER RESOLUTION NO. 2016-R106; A RESOLUTION AUTHORIZING THE CITY MANAGER TO PROCEED WITH PURCHASES AS PER SECTION 6.08 OF THE CITY OF BOERNE’S HOME RULE CHARTER. (Truck for Electric Department) E. 2016-973 CONSIDER RESOLUTION NO. 2016-R107; A RESOLUTION AUTHORIZING THE CITY MANAGER TO PROCEED WITH PURCHASES AS PER SECTION 6.08 OF THE CITY OF BOERNE’S HOME RULE CHARTER. (Truck for Public Works Administration Department) F. 2016-974 CONSIDER RESOLUTION NO. 2016-R108; A RESOLUTION AUTHORIZING THE CITY MANAGER TO PROCEED WITH PURCHASES AS PER SECTION 6.08 OF THE CITY OF BOERNE’S HOME RULE CHARTER. (Forklift for the Street Department) G. 2016-976 CONSIDER RESOLUTION NO. 2016-R109; A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AND MANAGE AN AGREEMENT WITH MCCOY TREE SURGERY THROUGH THE LOWER COLORADO RIVER AUTHORITY FOR TREE TRIMMING SERVICES. H. 2016-944 CONSIDER RESOLUTION NO. 2016-R110; A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AND MANAGE A LEASE AGREEMENT WITH APPLE. (For iPads) City of Boerne Page 2 Printed on 10/21/2016 City Council Agenda October 25, 2016 I. 2016-977 CONSIDER RESOLUTION NO. 2016-R111; A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AND MANAGE A PURCHASE AGREEMENT WITH RUDKIN PRODUCTIONS FOR 2017 PARKS AND RECREATION GUIDE BOOKS. 5. PUBLIC HEARING – To Hear Comments On The Following: A. 2016-956 PROPOSED PERMANENT ZONING OF THE DURANGO TRACT SUBDIVISION, A TOTAL OF 40.892 ACRES, FROM R-A, SINGLE-FAMILY RURAL RESIDENTIAL - AGRICULTURAL DISTRICT TO RN-1, NEIGHBORHOOD RESIDENTIAL DISTRICT, KAD NOS. 153712, 153713, 153714, 153715, AND 153716. (William E. Canavan Jr. Durango Development - First Of One Hearing) B. 2016-957 PROPOSED REZONING OF 502 SCHOOL STREET, A TOTAL OF 4.83 ACRES, FROM R-1, MEDIUM DENSITY SINGLE-FAMILY RESIDENTIAL DISTRICT TO B-1, HIGH-DENSITY RESIDENTIAL AND NEIGHBORHOOD COMMERCIAL DISTRICT, KAD NO. 14412. (Original request was for B-2R, Highway Commercial-Restricted District, Genevieve Jones - First Of One Hearing) C. 2016-958 PROPOSED ANNEXATION OF 21.688 ACRES OF LAND LOCATED AT 1700 RIVER ROAD - KAD NOS. 15024 AND 15025 AT THE REQUEST OF THE CITY OF BOERNE. (1700 River Road, property owner Shirley Rittimann- First of Two Hearings) 6. TAKE ANY NECESSARY ACTION RESULTING FROM THE PUBLIC HEARING: A. 2016-959 CONSIDER ON FIRST READING ORDINANCE NO. 2016-40; AN ORDINANCE AMENDING THE CITY OF BOERNE ZONING ORDINANCE NO. 2007-64, CAPTIONED, “ZONING ORDINANCE OF THE CITY OF BOERNE, TEXAS”, DATED DECEMBER 18, 2007, BY AMENDING ARTICLE 3, SECTION 13, PERMANENT ZONING OF 40.892 ACRES LOCATED AT SHOOTING CLUB ROAD (KAD NOS. 153712, 153713, 153714, 153715, AND 153716) FROM R-A, SINGLE-FAMILY RURAL RESIDENTIAL-AGRICULTURAL DISTRICT TO RN-1, NEIGHBORHOOD RESIDENTIAL DISTRICT; REPEALING ALL ORDINANCES IN CONFLICT; CONTAINING A City of Boerne Page 3 Printed on 10/21/2016 City Council Agenda October 25, 2016 SEVERANCE CLAUSE; AND DECLARING AN EFFECTIVE DATE. (William E. Canavan Jr., Durango Development) B. 2016-960 CONSIDER ON FIRST READING ORDINANCE NO. 2016-41; AN ORDINANCE AMENDING THE CITY OF BOERNE ZONING ORDINANCE NO. 2007-64, CAPTIONED, “ZONING ORDINANCE OF THE CITY OF BOERNE, TEXAS”, DATED DECEMBER 18, 2007, BY AMENDING ARTICLE 3, SECTION 14, REZONING 4.83 ACRES LOCATED AT 502 SCHOOL STREET (KAD NO. 14412), FROM R-1, MEDIUM DENSITY SINGLE-FAMILY RESIDENTIAL DISTRICT TO B-1, HIGH-DENSITY RESIDENTIAL AND NEIGHBORHOOD COMMERCIAL DISTRICT; REPEALING ALL ORDINANCES IN CONFLICT; CONTAINING A SEVERANCE CLAUSE; AND DECLARING AN EFFECTIVE DATE. (Original request was for B-2R, Highway Commercial-Restricted District, Genevieve Jones) 7. 2016-978 CONSIDER MAYORAL APPOINTMENTS TO THE VARIOUS BOARDS AND COMMISSIONS 8. 2016-981 PRESENTATION OF CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING FROM THE GOVERNMENT FINANCE OFFICERS ASSOCIATION FOR FISCAL YEAR 2014-2015. 9. 2016-988 CONSIDER A ONE-TIME READING OF ORDINANCE NO. 2016-42; AS PERMITTED BY THE CITY OF BOERNE’S HOME RULE CHARTER, SECTION 3.11.A. 10. 2016-985 CONSIDER ORDINANCE NO. 2016-42; AN ORDINANCE AMENDING ORDINANCE NO. 2015-30; CAPTIONED “AN ORDINANCE ADOPTING THE ANNUAL CAPITAL AND OPERATING BUDGETS FOR THE CITY OF BOERNE, TEXAS FOR THE FISCAL YEAR 2015-2016, BEGINNING OCTOBER 1, 2015 AND ENDING SEPTEMBER 30, 2016.” 11. 2016-984 RECEIVE FOURTH QUARTER FINANCIAL/INVESTMENT REPORTS FOR FY 2015-2016. 12. 2016-982 CONSIDER ON FIRST READING ORDINANCE NO. 2016-43; AN ORDINANCE REPEALING AND REPLACING ORDINANCE NO. City of Boerne Page 4 Printed on 10/21/2016 City Council Agenda October 25, 2016 2015-39 CAPTIONED “AN ORDINANCE ESTABLISHING AND REESTABLISHING FEES AND CHARGES FOR ACTIVITIES, GOODS AND SERVICES PROVIDED BY THE CITY; CONTAINING A PROVISION TO AUTHORIZE THE CITY MANAGER TO ESTABLISH FEES AND CHARGES IN CERTAIN CIRCUMSTANCES, CONTAINING FINDINGS AND OTHER PROVISIONS RELATING TO THE SUBJECT.” 13. 2016-979 CONSIDER RESOLUTION NO. 2016-R112; A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AND MANAGE AN AGREEMENT BETWEEN THE CITY OF BOERNE AND BURDITT CONSULTANTS, LLC FOR AN UPDATE TO THE BOERNE MASTER PLAN AND DISCUSSION SURROUNDING NEGOTIATION OF POTENTIAL AMENDMENTS TO SUCH AGREEMENT FOR A SUBSTANTIVE REVIEW OF CERTAIN CITY ORDINANCES. 14. 2016-961 CONSIDER RESOLUTION NO. 2016-R113; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOERNE, TEXAS, ACCEPTING THE PETITION AND SETTING THE DATE, TIME, AND PLACE FOR TWO PUBLIC HEARINGS ON THE PROPOSE ANNEXATION OF CERTAIN PROPERTY BY THE CITY OF BOERNE, TEXAS; AUTHORIZING AND DIRECTING THE PUBLICATION OF NOTICE OF SUCH PUBLIC HEARINGS. (22.558 acres located at 134 Cascade Caverns Road at the request of ML&E Landquest Cascade Caverns, LLC.- Southglen Subdivision Phase 1) 15. COMMENTS FROM COUNCIL/LEGAL COUNSEL/STAFF – No discussion or action may take place. 16. ADJOURNMENT _______________________________ s/s Ronald C. Bowman City Manager CERTIFICATION I hereby certify that the above notice of meeting was posted on the 21st day of October, 2016 at 3:30 p.m. City of Boerne Page 5 Printed on 10/21/2016 City Council Agenda October 25, 2016 _______________________________ s/s Siria Arreola Deputy City Secretary NOTICE OF ASSISTANCE AT THE PUBLIC MEETINGS The Police / Municipal Court Complex is wheelchair accessible. Access to the building and special parking is available at the front entrance of the building. Requests for special services must be received forty-eight (48) hours prior to the meeting time by calling the City Secretary at 830-249-9511. Pursuant to Section 30.06 Penal Code (trespass by license holder with a concealed handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with a concealed handgun. Pursuant to section 30.07 Penal Code (trespass by license holder with an openly carried handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with a handgun that is carried openly. City of Boerne Page 6 Printed on 10/21/2016

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