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City Council

Regular Meeting

Boerne, TX · February 12, 2019

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Minutes

AGENDA REGULAR CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 124 Old San Antonio Road Boerne, TX 78006 February 12, 2019 – 6:00 PM Minutes of the Regular Called City Council meeting of February 12, 2019 at 6:00 p.m. Present: 5 - Mayor Michael Schultz, Council Member Ty Wolosin, Mayor Pro Tem Nina Woolard, Council Member Ron Cisneros, and Council Member Tim Handren. Vacant: Council Member District 3 Staff Present: Ron Bowman, Siria Arreola, Paul Barwick, Dan Blankenship, Pam Bransford, Lori Carroll, Nick Colonna, Jim Kohler, Mike Mann, Sandy Mattick, Doug Meckel, Antony Moy, Mike Raute, Angie Rios, Laura Talley, Jeff Thompson, Mary Woods, Linda Zartler, and Danny Zincke. Registered/Recognized Guests: Bob Imler, Laura Bray, Mary Ann Baxter, Milan Michalec, Leann Finlayso, Doug Finlayso, Bonnie Clanin, Steve Schiffman, Quinten Scott, Guy Sanders, Joi Sanders, Isabella Castano, Javier Ramos, Laurie and Tom Fitch, Diamond Kemp, Bob Webster, Nancy Rogers, Susan Brooks, Lacey Schiffman, William Uecker, Richard and Amy Vandiver, Kim Srp, B. Fowler, Alex Rudd, Cora Rudd, David Rudd, Jim Asher, Jennifer McCall, Michelle Ernst, Sue Willoughby, and Jennifer Blackson. 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 and led the Pledge of Allegiance to the United States Flag and the Texas Flag. City of Boerne Page 1 City Council Official Meeting Minutes February 12, 2019 2. CONFLICTS OF INTEREST No conflicts were declared. 3. PUBLIC COMMENTS: Mary Ann Baxter, 1205 Spring Hill Drive spoke in opposition of the proposed Kendall County Water Control and Improvement District No. 3. She stated that the soil was already being tested on the property. She feels five homes per acre is to high and would prefer low density. She bought her property in an area where she thought would be rural and not much density. Milan Michalec, 12 Brandt Road spoke in opposition of the proposed Kendall County Water Control and Improvement District (WCID) No. 3. He stated that the development would be highly dependent on the Trinity acquifer. The Trinity is susceptible to drought and overuse. He found out about the proposed development two years ago and began a letter writing campaign to our legislatures. He stated there needs to be a united front from Cow Creek, Kendall County and the City. He is aware of a WCID No. 4 in the works. Diamond Kemp, 9 Vallerie Lane spoke in opposition of the proposed WCID No. 3. She stated that she has lived in the area about 20 years and has seen a lot of run-off. She feels that high density homes sites will damage the value of her property. She expressed concerns with traffic, pollution, noise and other issues that come with development. Alex Rudd, 68 La Concion Drive spoke in opposition of the proposed WCID No. 3. She stated that she saved to be able to move to Boerne in an area with acreage and wildlife. She feels threatened and disappointed to hear how the proposed WCID came about and actions taken by Senator Campbell. She stated she was not against all development, but high density possess too much of a threat. A subdivision this size will trigger growth and have long term effects. Jennifer McCall, 412 W. San Antonio Street spoke in opposition of the proposed WCID No. 3. She questioned the process if the City Council considered this project at future meetings and how would the public know if it City of Boerne Page 2 City Council Official Meeting Minutes February 12, 2019 was discussed in Executive Session. She was also curious about the comment a council member made at the last council meeting regarding the County passed on voting on the WCID. Mayor Schultz suggested she contact City Staff for the answers. Sue Willoughby, 126 Devenshire Road stated that she would like to be on an art committee. She has devoted the last 50 years of ther life to public art. She hoped that the City will consider extending the five year art contract. Michelle Ernst, 429 Engilish Oaks Circle stated that she is a member of the Art Al Fresco Committee. She feels art brings economic culture to our city. Jennifer Blackson, 220 Shadywood spoke against the proposed rezoning of Blanco Road. She stated that she was saddened to hear that they want to put high density housing in such a small area. 4. CONSENT AGENDA: 4.A. 2019-151 CONSIDER APPROVAL OF THE MINUTES OF THE SPECIAL CALLED CITY COUNCIL MEETING HELD JANUARY 17, 2019 (STATE OF THE CITY) AND THE REGULAR CITY COUNCIL MEETING HELD JANUARY 22, 2019. THE MINUTES WERE APPROVED. 4.B. 2019-185 CONSIDER RESOLUTION NO. 2019-R11; A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AND MANAGE A STANDARD UTILITY AGREEMENT BETWEEN THE CITY OF BOERNE AND TEXAS DEPARTMENT OF TRANSPORTATION (TXDOT) FOR REIMBURSEMENT OF WASTEWATER UTILITY RELOCATION DESIGN AND CONSTRUCTION SERVICES OF IH 10 IMPROVEMENTS BETWEEN SCENIC LOOP ROAD AND THE BEXAR COUNTY LINE. THIS RESOLUTION WAS APPROVED. City of Boerne Page 3 City Council Official Meeting Minutes February 12, 2019 4.C. 2019-184 CONSIDER RESOLUTION NO. 2019-R12; A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AND MANAGE A STANDARD UTILITY AGREEMENT BETWEEN THE CITY OF BOERNE AND TEXAS DEPARTMENT OF TRANSPORTATION (TXDOT) FOR REIMBURSEMENT OF NATURAL GAS UTILITY RELOCATIONS OF IH 10 IMPROVEMENTS BETWEEN SCENIC LOOP ROAD AND THE BEXAR COUNTY LINE. A MOTION WAS MADE BY MAYOR PRO TEM WOOLARD, SECONDED BY COUNCIL MEMBER HANDREN TO APPROVE THE CONSENT AGENDA AS PRESENTED. THE MOTION CARRID BY THE FOLLOWING VOTE: Yeah: 4 - Council Member Wolosin, Mayor Pro Tem Woolard, Council Member Cisneros, and Council Member Handren. 5. 2019-193 RECOGNITION OF MS. LORI CARROLL RECEIVING RE-CERTIFICATION OF TEXAS MUNICIPAL CLERKS CERTIFICATION PROGRAM AND MS. SIRIA ARREOLA ON COMPLETION OF TEXAS MUNICIPAL CLERKS CERTIFICATION PROGRAM. Mayor Schultz called on Ms. Linda Zartler, Assistant City Manager. Ms. Zartler recognized Ms. Siria Arreola, Deputy City Secretary for her achievement in completing certification through the Texas Municipal Clerks Certification Program. Ms. Zartler also recognized Ms. Lori Carroll, City Secretary for achieving her second re-certification through the Texas Municipal Clerks Certification Program. 6. 2019-194 CONSIDER RESOLUTION NO. 2019-R13; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOERNE, TEXAS DENYING OR CONSENTING TO THE CREATION OF KENDALL COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO. 3, 3A, 3B AND PETITIONS FILED FOR THE CREATION OF WCID NO. 3, 3A, 3B AND ANNEXATION OF APPROXIMATELY 42 ACRES INTO THE WCID’S AND PROVISION OF CITY WATER AND SEWER SERVICES TO THE WCID NO. 3, 3A, AND 3B AS REQUIRED BY SPECIAL DISTRICT LOCAL LAWS CODE CHAPTER 9072.004 (SENATE BILL 914, 85TH LEGISLATIVE SESSION EFFECTIVE June 9, 2017). City of Boerne Page 4 City Council Official Meeting Minutes February 12, 2019 Mayor Schultz stated that he had a request to convene into Executive Session to discuss Resolution No. 2019-R13, in accordance with the Texas Government Code: Sections 551.071, Consultation with Attorney and Section 551.087, Deliberation Regarding Economic Development. A MOTION WAS MADE BY COUNCIL MEMBER HANDREN, SECONDED BY COUNCIL MEMBER WOLOSIN, TO CONVENE INTO EXECUTIVE SESSION TO DISCUSS RESOLUTION NO. 2019-R13 AT 6:27 P.M. THE MOTION CARRIED BY THE FOLLOWING VOTE: Yeah: 4 - Council Member Wolosin, Mayor Pro Tem Woolard, Council Member Cisneros, and Council Member Handren Mayor Schultz reconvened the City Council into Open Session at 7:11 p.m. CONSIDER RESOLUTION NO. 2019-R13; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOERNE, TEXAS DENYING OR CONSENTING TO THE CREATION OF KENDALL COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO. 3, 3A, 3B AND PETITIONS FILED FOR THE CREATION OF WCID NO. 3, 3A, 3B AND ANNEXATION OF APPROXIMATELY 42 ACRES INTO THE WCID’S AND PROVISION OF CITY WATER AND SEWER SERVICES TO THE WCID NO. 3, 3A, AND 3B AS REQUIRED BY SPECIAL DISTRICT LOCAL LAWS CODE CHAPTER 9072.004 (SENATE BILL 914, 85TH LEGISLATIVE SESSION EFFECTIVE June 9, 2017). Mayor Schultz called on Council Member Handren. Council Member Handren expressed appreciation to those who attended the last City Council meeting and spoke on the proposed WCID No. 3. He stated that the Developer would like to re-engage in negotiations. He reminded the audience that if the City Council denies the consent to the WCID No. 3, the developer can move forward with the project through TCEQ which means that the City would have no control over the development. If a development agreement is agreed on, some City ordinances would apply. Discussion ensued regarding the goal is to protect the community. Mayor Schultz read aloud a letter from David James Rudd regarding the proposed WCID No. 3. City of Boerne Page 5 City Council Official Meeting Minutes February 12, 2019 A MOTION WAS MADE BY COUNCIL MEMBER HANDREN, SECONDED BY COUNCIL MEMBER WOLOSIN, TO TABLE RESOLUTION NO. 2019-R13; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOERNE, TEXAS DENYING OR CONSENTING TO THE CREATION OF KENDALL COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO. 3, 3A, 3B AND PETITIONS FILED FOR THE CREATION OF WCID NO. 3, 3A, 3B AND ANNEXATION OF APPROXIMATELY 42 ACRES INTO THE WCID’S AND PROVISION OF CITY WATER AND SEWER SERVICES TO THE WCID NO. 3, 3A, AND 3B AS REQUIRED BY SPECIAL DISTRICT LOCAL LAWS CODE CHAPTER 9072.004 UNTIL FEBRUARY 26, 2019. (SENATE BILL 914, 85TH LEGISLATIVE SESSION EFFECTIVE JUNE 9, 2017). THE MOTION CARRIED BY THE FOLLOWING VOTE: Yeah: 4 - Council Member Wolosin, Mayor Pro Tem Woolard, Council Member Cisneros, and Council Member Handren 7. 2019-189 CONSIDER RESOLUTION NO. 2019-R14; A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AND MANAGE AN AGREEMENT BETWEEN THE CITY OF BOERNE AND MOSAIC PLANNING & DEVELOPMENT SERVICES FOR UNIFIED DEVELOPMENT CODE PHASE I. Mayor Schultz called on Mr. Nick Colonna, Assistant Planning and Community Development Director. Mr. Colonna stated that with the Master Plan approval, it is necessary to update the regulations that direct development within the City. It was determined that combining existing ordinances; zoning ordinance, subdivision ordinance, development plat regulations, sign ordinance, and the traffic impact analysis ordinance into a Unified Development Code (UDC) would be the best approach. A request for proposals was issued to seek the assistance of a consultant experienced in creating UDC's. A Mayoral appointed committee was formed to interview the two consultants who submitted proposals. The Committee recommended Mosaic Planning and Development Services. The project is proposed to be completed in two phases. Phase I is to be completed and adopted by October 2019 and Phase II is to be completed by March 2020. It is the Committee and Staff's recommendation to enter into an agreement with Mosaic Planning and Development Services for the UDC in the amount not to exceed $135,400.00. City of Boerne Page 6 City Council Official Meeting Minutes February 12, 2019 A MOTION WAS MADE BY COUNCIL MEMBER HANDREN, SECONDED BY MAYOR PRO TEM WOOLARD, TO APPROVE RESOLUTION NO. 2019-R14; A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AND MANAGE AN AGREEMENT BETWEEN THE CITY OF BOERNE AND MOSAIC PLANNING & DEVELOPMENT SERVICES FOR UNIFIED DEVELOPMENT CODE PHASE I IN AN AMOUNT NOT TO EXCEED $135,400.00. THE MOTION CARRIED BY THE FOLLOWING VOTE: Yeah: 4 - Council Member Wolosin, Mayor Pro Tem Woolard, Council Member Cisneros, and Council Member Handren 8. 2019-176 CONSIDER A ONE TIME READING OF ORDINANCE NO. 2019-03; AS PERMITTED BY THE CITY OF BOERNE’S HOME RULE CHARTER, SECTION 3.11.A. (See Agenda Item 9) A MOTION WAS MADE BY MAYOR PRO TEM WOOLARD, SECONDED BY COUNCIL MEMBER CISNEROS, TO APPROVE A ONE TIME READING OF ORDINANCE NO. 2019-03; AS PERMITTED BY THE CITY OF BOERNE’S HOME RULE CHARTER, SECTION 3.11.A. (SEE AGENDA ITEM 9). THE MOTION CARRIED BY THE FOLLOWING VOTE: Yeah: 4 - Council Member Wolosin, Mayor Pro Tem Woolard, Council Member Cisneros, and Council Member Handren 9. 2019-180 CONSIDER ORDINANCE NO. 2019-03; AN ORDINANCE AMENDING ORDINANCE NO. 2018-29, CAPTIONED “AN ORDINANCE ADOPTING THE ANNUAL CAPITAL AND OPERATING BUDGETS FOR THE CITY OF BOERNE, TEXAS FOR THE FISCAL YEAR 2018-2019, BEGINNING OCTOBER 1, 2018 AND ENDING SEPTEMBER 30, 2019.” Mayor Schultz called on Ms. Sandy Mattick, Finance Director. Ms. Mattick stated that with the approval of the agreement with Mosaic Planning and Development Services to assist with the Unified Development Code, it is necessary to amend the 2018/2019 fiscal year budget to include the professional services cost of an additional $35,400 in the General Fund. City of Boerne Page 7 City Council Official Meeting Minutes February 12, 2019 A MOTION WAS MADE BY MAYOR PRO TEM WOOLARD, SECONDED BY COUNCIL MEMBER WOLOSIN TO APPROVE ORDINANCE NO. 2019-03; AN ORDINANCE AMENDING ORDINANCE NO. 2018-29, CAPTIONED “AN ORDINANCE ADOPTING THE ANNUAL CAPITAL AND OPERATING BUDGETS FOR THE CITY OF BOERNE, TEXAS FOR THE FISCAL YEAR 2018-2019, BEGINNING OCTOBER 1, 2018 AND ENDING SEPTEMBER 30, 2019.” Yeah: 4 - Council Member Wolosin, Mayor Pro Tem Woolard, Council Member Cisneros, and Council Member Handren 10. 2019-186 CONSIDER ON FIRST READING ORDINANCE NO. 2019-04; AN ORDINANCE AMENDING ORDINANCE NO. 2012-47; ESTABLISHING A SPEED LIMIT ON CASCADE CAVERNS ROAD AND A PORTION OF RANCH DRIVE; AND PROVIDING FOR A PENALTY NOT TO EXCEED $200 FOR EACH VIOLATION OF THIS ORDINANCE. (Add speed limit of 35 MPH on Cascade Caverns Road and Ranch Dr. within the City Limits) Mayor Schultz called on Mr. Mike Mann, Utilities Director. Mr. Mann displayed a map of the location of Cascade Caverns and Ranch Drive. He stated that with the recent annexations of Cascade Caverns and a portion of Ranch Drive, it is necessary to establish a 35 mile per hour speed limit for this area. A MOTION WAS MADE BY MAYOR PRO TEM WOOLARD, SECONDED BY COUNCIL MEMBER WOLOSIN, TO APPROVE ON FIRST READING ORDINANCE NO. 2019-04; AN ORDINANCE AMENDING ORDINANCE NO. 2012-47; ESTABLISHING A SPEED LIMIT ON CASCADE CAVERNS ROAD AND A PORTION OF RANCH DRIVE; AND PROVIDING FOR A PENALTY NOT TO EXCEED $200 FOR EACH VIOLATION OF THIS ORDINANCE. (ADD SPEED LIMIT OF 35 MPH ON CASCADE CAVERNS ROAD AND RANCH DR. WITHIN THE CITY LIMITS). THE MOTION CARRIED BY THE FOLLOWING VOTE: Yeah: 4 - Council Member Wolosin, Mayor Pro Tem Woolard, Council Member Cisneros, and Council Member Handren 11. 2019-175 FISCAL YEAR 2019-2020 PUBLIC ART COMPETITION PRESENTATION. Mayor Schultz called on Mr. Paul Barwick, Special Projects Director and Ms. Mary Woods, Special Projects Manager. Ms. Woods reviewed the history of the City of Boerne Page 8 City Council Official Meeting Minutes February 12, 2019 Public Art Competition program, branded Art al Fresco. She stated that the City Council approved a five year pilot program for outdoor public art to encourage cultural tourism. The annual program exhibits 10 temporary monument sculptures placed throughout the City. At the end of each year's competition, the City would have the option to purchase a minimum of one sculpture depending on the budget. To date, the City has purchased five sculptures. Throughout the duration of the exhibit, city residents and visitors can vote on-line for the piece they would like to see the City acquire for its permanent collection. Ms. Woods displayed photos of the sculptures. Discussion ensued regarding providing a physical location for voting on the sculpture, the Public Art Committee recommendation v. Boerne's Choice, and the qualifications of the Juror. 12. 2019-174 RECEIVE RECOMMENDATION FOR PURCHASE OF SCULPTURE FROM THE 2018-2019 ART AL FRESCO COMPETITION AND CONSIDER RESOLUTION NO. 2019-R15; A RESOLUTION AUTHORIZING THE CITY MANAGER TO PROCEED WITH PURCHASES AS PER SECTION 6.08 OF THE CITY OF BOERNE’S HOME RULE CHARTER. (Two sculptures; Traction and Tilt) Ms. Woods continued with the recommendation that the City purchase two public art sculptures from the 2018-2019 competition: Traction ($18,000) and Tilt ($4,800). Photos of the art was displayed. Ms. Woods stated that the recommendation is based on several factors including criteria from the City's Municipal Public Art Policy and the public on-line voting tallies. Discussion ensued regarding allowing the City to purchase duplicate art from the same artist. The art must be family friendly, a certain size and material. Ms. Woods stated that the national call for artists brought in 53 submissions of which 10 where chosen for the competition. There are few local artists that participate due to the size and material required. There was also discussion regarding the budget for the program, which some people feel takes away from our streets and parks. City of Boerne Page 9 City Council Official Meeting Minutes February 12, 2019 A MOTION WAS MADE BY COUNCIL MEMBER CISNEROS, SECONDED BY MAYOR PRO TEM WOOLARD, TO RECEIVE THE RECOMMENDATION FOR PURCHASE OF SCULPTURE FROM THE 2018-2019 ART AL FRESCO COMPETITION AND APPROVE RESOLUTION NO. 2019-R15; A RESOLUTION AUTHORIZING THE CITY MANAGER TO PROCEED WITH PURCHASES AS PER SECTION 6.08 OF THE CITY OF BOERNE’S HOME RULE CHARTER (TWO SCULPTURES; TRACTION AND TILT) FOR A TOTAL NOT TO EXCEED $22,800.00. THE MOTION PASSED BY THE FOLLOWING VOTE: Yeah: 3 - Mayor Schultz, Mayor Pro Tem Woolard, and Council Member Cisneros Nay: 2 - Council Member Wolosin, and Council Member Handren 13. 2019-183 DISCUSSION ON SPECIAL PROJECTS MARKETING PLAN FOR FISCAL YEAR 2019. (Hill Country Mile, Dickens on Main and Art al Fresco) Ms. Woods continued with the Special Projects Marketing Plan. She spoke on the recent initiatives for the Hill Country Mile, Art al Fresco and Dickens on Main. It is Staff's plan to increase marketing, advertising and public relations. She reviewed social media data and various media coverages. She also reviewed the budget and discussed the Hill Country Mile potential physical enhancements such as benches, street banners, trash receptacles, and interpretive signage. Ms. Woods stated that Staff is considering rebranding the Hill Country Mile by creating a new logo and website. 14. 2019-179 RECEIVE THE FIRST QUARTER FINANCIAL AND INVESTMENT REPORTS FOR FISCAL YEAR 2019. Mayor Schultz called on Ms. Sandy Mattick, Finance Director to review the First Quarter Financial Report. Ms. Mattick stated that the City's revenues, excluding budgets fund balance were above projection at 37.75% and expenditures were below projections at 21.71%. Sales tax collections were up 5.09% from this period last year and ad valorem tax collections were at 8.46%. The Electric revenues were at 24.67% of the budget and expenses were below projections at 19.13%. The Water revenues were at 23.33% of the budget and expenses were below projections at 21.44%. The Wastewater revenues were at 25.28% of the budget and expenses were below projections at 23.70%. Gas revenues were at 24.33% of the budget and expenses were above projections at 26.53%. Ms. Mattick continued with the Quarterly Investment Report. She City of Boerne Page 10 City Council Official Meeting Minutes February 12, 2019 stated that the Public Funds Investment Act requires a governing body to provide a written report of investment transactions for all funds. During this quarter, the City invested in TexPool, MBIA, Texas TERM, TexStar, Government Agencies, municipal bonds, commercial paper, treasury notes and several Certificates of Deposit. Interest earned for the quarter totaled $404,762.00. Ms. Mattick stated that Staff will continue to monitor interest rate activity and act accordingly when opportunities arise. A MOTION WAS MADE BY COUNCIL MEMBER HANDREN, SECONDED BY COUNCIL MEMBER WOLOSIN, TO RECEIVE AND APPROVE THE FIRST QUARTER FINANCIAL AND INVESTMENT REPORTS FOR FISCAL YEAR 2019. THE MOTION CARRIED BY THE FOLLOWING VOTE: Yeah: 4 - Council Member Wolosin, Mayor Pro Tem Woolard, Council Member Cisneros, and Council Member Handren 15. 2019-187 STAFF PRESENTATION OF FIRST QUARTER UTILITY REPORT FOR FISCAL YEAR 2019. Mayor Schultz called on Deputy City Manager Jeff Thompson to review the First Quarter Utility Report for fiscal year 2019. Mr. Thompson stated that each month the utilities staff meets internally to review utility related financials, data, issues, projects, and initiatives. The information presented is a summarization of the highlights of the quarter. He stated that the electric system is growing with 5,529 customers; the gas system is the fastest growing out of all the utilities with 2,465 customers; there are 6,405 water customers which grew by 5% last year; and the wastewater customers total 5,867. Mr. Thompson displayed a water production chart and reclaimed water data. He discussed active projects to include power supply, stormwater utility, LED street lighting, electric reconductoring, the utility customer portal, and the City of Boerne Utilities Facebook page. He noted that because the City is a municipal owned utility, $2,000,000 was moved to the General Fund. Discussion ensued regarding solar and wind storage, aggregate new and old treatment plants, and reporting on franchise fees. City of Boerne Page 11 City Council Official Meeting Minutes February 12, 2019 16. 2019-195 LEGISLATIVE UPDATE ON 86TH LEGISLATIVE SESSION. Mayor Schultz called on Ms. Molly Solis, City Attorney to review the current legislative session. She stated that 2,900 bills have been filed in the legislature. She spoke on Senate Bill 2 and House Bill 2 which is the proposed property tax relief act of 2019. The act is a one size fit all for all cities. She noted that the City of Boerne has not raised property taxes for seven years, and we should not be penalized for being fiscally responsible to our citizens. If it is approved, it will go into effect 2020. She listed other city related bills. Mayor Schultz expressed concern if the May uniform election date is eliminated. Ms. Solis stated that anyone can monitor the Legislatures activity by accessing Texas Legislature Online. 17. 2019-188 RECEIVE AND CONSIDER A REQUEST FROM GUY SANDERS FOR A VARIANCE TO THE SIGN ORDINANCE SECTION 10. RESTRICTIONS ON CERTAIN TYPES OF SIGNS. BB.1 COMMERCIAL COMPLEX, SELF-SUPPORTED SIGNS. (153 South Main St.) Mayor Schultz called on Ms. Laura Talley, Planning and Community Development Director. Ms. Talley explained that the signage is in place because the property owner did not realize that the location of the sign is considered outdoors, and therefore did not apply for a permit. The sign is located outside the air conditioned and heated space. The Sign Variance Committee recommended approval of the sign. Ms. Talley reminded the City Council that the property is located within the Historic District, so the sign will also need to be approved by the Historic Landmark Commission. A MOTION WAS MADE BY COUNCIL MEMBER CISNEROS, SECONDED BY COUNCIL MEMBER WOLOSIN TO RECEIVE AND APPROVE A REQUEST FROM GUY SANDERS FOR A VARIANCE TO THE SIGN ORDINANCE SECTION 10. RESTRICTIONS ON CERTAIN TYPES OF SIGNS. BB.1 COMMERCIAL COMPLEX, SELF-SUPPORTED SIGNS. (153 SOUTH MAIN ST.). THE MOTION CARRIED BY THE FOLLOWING VOTE: Yeah: 4 - Council Member Wolosin, Mayor Pro Tem Woolard, Council Member Cisneros, and Council Member Handren City of Boerne Page 12 City Council Official Meeting Minutes February 12, 2019 18. RECEIVE RECOMMENDATION FROM THE PLANNING AND ZONING COMMISSION AND SET A PUBLIC HEARING FOR MARCH 12, 2019: 18.A.2019-190 PROPOSED PERMANENT ZONING OF 11.219 ACRES AT 35 CASCADE CAVERNS ROAD (KAD NO. 12245) AND 45 CASCADE CAVERNS ROAD (KAD NO. 24328) FROM R-A, SINGLE-FAMILY RESIDENTIAL-AGRICULTURAL DISTRICT, TO B-1, HIGH-DENSITY RESIDENTIAL AND NEIGHBORHOOD COMMERCIAL DISTRICT. (Currey Creek Baptist Church of Boerne) 18.B.2019-191 PROPOSED PERMANENT ZONING OF 9.865 ACRES AT 38 CASCADE CAVERNS ROAD (KAD NO. 46739) FROM R-A, SINGLE-FAMILY RESIDENTIAL-AGRICULTURAL DISTRICT, TO B-1, HIGH-DENSITY RESIDENTIAL AND NEIGHBORHOOD COMMERCIAL DISTRICT. (Hill Country Daily Bread Ministries) 18.C.2019-192 PROPOSED REZONING OF 2.992 ACRES AT 1025 E. BLANCO ROAD (KAD NO. 18967) FROM O, OFFICE DISTRICT, AND R-1, MEDIUM-DENSITY SINGLE-FAMILY RESIDENTIAL DISTRICT TO R-3, HIGH-DENSITY RESIDENTIAL DISTRICT. (Tommy and Julie Pfeiffer) MOTION WAS MADE BY MAYOR PRO TEM WOOLARD, SECONDED BY COUNCIL MEMBER HANDREN, TO RECEIVE THE RECOMMENDATIONS FROM THE PLANNING AND ZONING COMMISSION AND SET THE PUBLIC HEARINGS FOR MARCH 12, 2019. THE MOTION CARRIED BY THE FOLLOWING VOTE: Yeah: 4 - Council Member Wolosin, Mayor Pro Tem Woolard, Council Member Cisneros, and Council Member Handren. 19. COMMENTS FROM COUNCIL/ STAFF – No discussion or action may take place. Council Member Handren expressed his appreciation to the City Council and Staff. He stated that there was a lot of information to cover during the meeting and everyone did a good job. THIS WAS ADJOURNED. City of Boerne Page 13 City Council Official Meeting Minutes February 12, 2019 20. EXECUTIVE SESSION IN ACCORDANCE WITH THE TEXAS GOVERNMENT CODE: CITY COUNCIL MAY, AS PERMITTED BY LAW, ADJOURN INTO EXECUTIVE SESSION AT ANY TIME TO DISCUSS ANY MATTER LISTED ABOVE INCLUDING IF THEY MEET THE QUALIFICATIONS IN SECTIONS 551.071 (CONSULTATION WITH ATTORNEY), 551.072 (DELIBERATION REGARDING REAL PROPERTY), 551.073 (DELIBERATION REGARDING GIFTS), 551.074 (PERSONNEL/OFFICERS), 551.076 (DELIBERATION REGARDING SECURITY DEVICES), AND SECTION 551.087 (DELIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS) OF CHAPTER 551 OF THE TEXAS GOVERNMENT CODE. (If needed) The City Council did not convene into Executive Session. 21. ADJOURNMENT A MOTION WAS MADE BY COUNCIL MEMBER HANDREN, SECONDED BY MAYOR PRO TEM WOOLARD TO ADJOURN THE CITY COUNCIL MEETING AT 9:22 P.M. THE MOTION CARRIED BY THE FOLLOWING VOTE: Yeah: 4 - Council Member Wolosin, Mayor Pro Tem Woolard, Council Member Cisneros, and Council Member Handren. Approved: _______________________________ Mayor Attest: _______________________________ City Secretary City of Boerne Page 14

Agenda

AGENDA REGULAR CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 124 Old San Antonio Road Boerne, TX 78006 February 12, 2019 – 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. 4.A. 2019-151 CONSIDER APPROVAL OF THE MINUTES OF THE SPECIAL CALLED CITY COUNCIL MEETING HELD JANUARY 17, 2019 (STATE OF THE CITY) AND THE REGULAR CITY COUNCIL MEETING HELD JANUARY 22, 2019. Attachments: Minutes 19.0117 state of city Minutes 19.0122 4.B. 2019-185 CONSIDER RESOLUTION NO. 2019-R11; A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AND MANAGE A STANDARD UTILITY AGREEMENT BETWEEN THE CITY OF BOERNE AND TEXAS DEPARTMENT OF TRANSPORTATION (TXDOT) FOR REIMBURSEMENT OF WASTEWATER UTILITY RELOCATION DESIGN AND CONSTRUCTION SERVICES OF IH 10 IMPROVEMENTS BETWEEN SCENIC LOOP ROAD AND THE BEXAR City of Boerne Page 1 Printed on 2/8/2019 City Council Agenda February 12, 2019 COUNTY LINE. Attachments: AIS IH-10 Wastewater Reimubrsement Phase 2.doc Resolution No. 2019-R11 Utility Agreement Exhibit_TXDOT IH-10 Utility Relocates 4.C. 2019-184 CONSIDER RESOLUTION NO. 2019-R12; A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AND MANAGE A STANDARD UTILITY AGREEMENT BETWEEN THE CITY OF BOERNE AND TEXAS DEPARTMENT OF TRANSPORTATION (TXDOT) FOR REIMBURSEMENT OF NATURAL GAS UTILITY RELOCATIONS OF IH 10 IMPROVEMENTS BETWEEN SCENIC LOOP ROAD AND THE BEXAR COUNTY LINE. Attachments: AIS IH-10 Gas Reimubrsement Phase 2.doc Resolution No. 2019-R12 Utility Agreement Exhibit_TXDOT IH-10 Utility Relocates 5. 2019-193 RECOGNITION OF MS. LORI CARROLL RECEIVING RE-CERTIFICATION OF TEXAS MUNICIPAL CLERKS CERTIFICATION PROGRAM AND MS. SIRIA ARREOLA ON COMPLETION OF TEXAS MUNICIPAL CLERKS CERTIFICATION PROGRAM. Attachments: TMCCP graduates 2019 Siria.Lori. Photograph 6. 2019-194 CONSIDER RESOLUTION NO. 2019-R13; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOERNE, TEXAS DENYING OR CONSENTING TO THE CREATION OF KENDALL COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO. 3, 3A, 3B AND PETITIONS FILED FOR THE CREATION OF WCID NO. 3, 3A, 3B AND ANNEXATION OF APPROXIMATELY 42 ACRES INTO THE WCID’S AND PROVISION OF CITY WATER AND SEWER SERVICES TO THE WCID NO. 3, 3A, AND 3B AS REQUIRED BY SPECIAL DISTRICT LOCAL LAWS CODE CHAPTER 9072.004 (SENATE BILL 914, 85TH LEGISLATIVE SESSION EFFECTIVE June 9, 2017). Attachments: AIS. WCID No. 3 Resolution No. 2019-R13 Exhibit A: WCID Annexation Petitions City of Boerne Page 2 Printed on 2/8/2019 City Council Agenda February 12, 2019 7. 2019-189 CONSIDER RESOLUTION NO. 2019-R14; A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AND MANAGE AN AGREEMENT BETWEEN THE CITY OF BOERNE AND MOSAIC PLANNING & DEVELOPMENT SERVICES FOR UNIFIED DEVELOPMENT CODE PHASE I. Attachments: Summary - Recommendation UDC Consultant Resolution No. 2019-R14 MOSAIC Professional Service Agreement 8. 2019-176 CONSIDER A ONE TIME READING OF ORDINANCE NO. 2019-03; AS PERMITTED BY THE CITY OF BOERNE’S HOME RULE CHARTER, SECTION 3.11.A. (See Agenda Item 9) 9. 2019-180 CONSIDER ORDINANCE NO. 2019-03; AN ORDINANCE AMENDING ORDINANCE NO. 2018-29, CAPTIONED “AN ORDINANCE ADOPTING THE ANNUAL CAPITAL AND OPERATING BUDGETS FOR THE CITY OF BOERNE, TEXAS FOR THE FISCAL YEAR 2018-2019, BEGINNING OCTOBER 1, 2018 AND ENDING SEPTEMBER 30, 2019.” Attachments: AIS February 2019 Budget amendment Ordinance No. 2019-03 Budget amendment Feb 2019 10. 2019-186 CONSIDER ON FIRST READING ORDINANCE NO. 2019-04; AN ORDINANCE AMENDING ORDINANCE NO. 2012-47; ESTABLISHING A SPEED LIMIT ON CASCADE CAVERNS ROAD AND A PORTION OF RANCH DRIVE; AND PROVIDING FOR A PENALTY NOT TO EXCEED $200 FOR EACH VIOLATION OF THIS ORDINANCE. (Add speed limit of 35 MPH on Cascade Caverns Road and Ranch Dr. within the City Limits) Attachments: AIS. Cascade Caverns Rd. and Ranch Dr. Speed Limits.doc Ordinance No. 2019-04 Cascade Caverns Rd. and Ranch Dr. Speed Limits map 11. 2019-175 FISCAL YEAR 2019-2020 PUBLIC ART COMPETITION PRESENTATION. Attachments: Public Art Competition Update 2019-2020 Public Art Competition PowerPoint 12. 2019-174 RECEIVE RECOMMENDATION FOR PURCHASE OF SCULPTURE City of Boerne Page 3 Printed on 2/8/2019 City Council Agenda February 12, 2019 FROM THE 2018-2019 ART AL FRESCO COMPETITION AND CONSIDER RESOLUTION NO. 2019-R15; A RESOLUTION AUTHORIZING THE CITY MANAGER TO PROCEED WITH PURCHASES AS PER SECTION 6.08 OF THE CITY OF BOERNE’S HOME RULE CHARTER. (Two sculptures; Traction and Tilt) Attachments: PublicArt 2018-2019 Purchase Recommendation Resolution No. 2019-R15 2018-2019 PowerPoint Sculpture Purchase Recommendation 13. 2019-183 DISCUSSION ON SPECIAL PROJECTS MARKETING PLAN FOR FISCAL YEAR 2019. (Hill Country Mile, Dickens on Main and Art al Fresco) Attachments: AIS. Special Projects FY 2020 Marketing Plan Special Projects Marketing Plan PowerPoint 14. 2019-179 RECEIVE THE FIRST QUARTER FINANCIAL AND INVESTMENT REPORTS FOR FISCAL YEAR 2019. Attachments: AIS Dec 2018 Quarterly Report Dec 2018 Quarterly Financial & Investment Report 15. 2019-187 STAFF PRESENTATION OF FIRST QUARTER UTILITY REPORT FOR FISCAL YEAR 2019. Attachments: AIS 1st Quarter Utility Update FY 2019 CC Quarterly Utility Update Feb 2019 16. 2019-195 LEGISLATIVE UPDATE ON 86TH LEGISLATIVE SESSION. Attachments: AIS Legislative Update 17. 2019-188 RECEIVE AND CONSIDER A REQUEST FROM GUY SANDERS FOR A VARIANCE TO THE SIGN ORDINANCE SECTION 10. RESTRICTIONS ON CERTAIN TYPES OF SIGNS. BB.1 COMMERCIAL COMPLEX, SELF-SUPPORTED SIGNS. (153 South Main St.) Attachments: Summary 02122019 153 S Main Location Map 153 S Main Aerial Map Att 1 - Guy Sanders sign variance ap Att 2 -Image of Sign Att 3 - Sign 2 Google street view City of Boerne Page 4 Printed on 2/8/2019 City Council Agenda February 12, 2019 18. RECEIVE RECOMMENDATION FROM THE PLANNING AND ZONING COMMISSION AND SET A PUBLIC HEARING FOR MARCH 12, 2019: 18.A. 2019-190 PROPOSED PERMANENT ZONING OF 11.219 ACRES AT 35 CASCADE CAVERNS ROAD (KAD NO. 12245) AND 45 CASCADE CAVERNS ROAD (KAD NO. 24328) FROM R-A, SINGLE-FAMILY RESIDENTIAL-AGRICULTURAL DISTRICT, TO B-1, HIGH-DENSITY RESIDENTIAL AND NEIGHBORHOOD COMMERCIAL DISTRICT. (Currey Creek Baptist Church of Boerne) Attachments: Summary - CC set a public hearing Currey Creek Updated Location Map Currey Creek Updated Aerial Map Currey Creek Zoning Map Currey Creek Rezoning Map Future Land Use Map Future Land Use zoom map R-A Uses B-1 Uses 18.B. 2019-191 PROPOSED PERMANENT ZONING OF 9.865 ACRES AT 38 CASCADE CAVERNS ROAD (KAD NO. 46739) FROM R-A, SINGLE-FAMILY RESIDENTIAL-AGRICULTURAL DISTRICT, TO B-1, HIGH-DENSITY RESIDENTIAL AND NEIGHBORHOOD COMMERCIAL DISTRICT. (Hill Country Daily Bread Ministries) Attachments: Summary - CC set a public hearing Location Map Aerial Map Zoning Map Rezoning Map Future Land Use Map Future Land Use zoom map R-A Uses B-1 Uses 18.C. 2019-192 PROPOSED REZONING OF 2.992 ACRES AT 1025 E. BLANCO ROAD (KAD NO. 18967) FROM O, OFFICE DISTRICT, AND R-1, MEDIUM-DENSITY SINGLE-FAMILY RESIDENTIAL DISTRICT TO R-3, HIGH-DENSITY RESIDENTIAL DISTRICT. (Tommy and Julie City of Boerne Page 5 Printed on 2/8/2019 City Council Agenda February 12, 2019 Pfeiffer) Attachments: Summary - CC set public hearing 1025 E Blanco Location Map 1025 E Blanco Aerial Map 1025 E Blanco Zoning Map 1025 E Blanco Rezoning Map Future Land Use Map Future Land Use zoom map Dawnridge Village - for COB Planning & Zoning 1 Dawnridge Village - for COB Planning & Zoning 3 Dawnridge Village - for COB Planning & Zoning 5 O Uses R-1 Uses R-3 Uses 19. COMMENTS FROM COUNCIL/ STAFF – No discussion or action may take place. 20. EXECUTIVE SESSION IN ACCORDANCE WITH THE TEXAS GOVERNMENT CODE: CITY COUNCIL MAY, AS PERMITTED BY LAW, ADJOURN INTO EXECUTIVE SESSION AT ANY TIME TO DISCUSS ANY MATTER LISTED ABOVE INCLUDING IF THEY MEET THE QUALIFICATIONS IN SECTIONS 551.071 (CONSULTATION WITH ATTORNEY), 551.072 (DELIBERATION REGARDING REAL PROPERTY), 551.073 (DELIBERATION REGARDING GIFTS), 551.074 (PERSONNEL/OFFICERS), 551.076 (DELIBERATION REGARDING SECURITY DEVICES), AND SECTION 551.087 (DELIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS) OF CHAPTER 551 OF THE TEXAS GOVERNMENT CODE. (If needed) 21. ADJOURNMENT _______________________________ s/s Ronald C. Bowman City Manager CERTIFICATION I hereby certify that the above notice of meeting was posted on the 8th day of February, 2019 at 4:00 p.m. City of Boerne Page 6 Printed on 2/8/2019 City Council Agenda February 12, 2019 _______________________________ s/s Lori A. Carroll 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 7 Printed on 2/8/2019

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