City Council
Regular MeetingBoerne, TX · February 12, 2019
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.
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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
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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.
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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).
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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.
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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.
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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.
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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
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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.
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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
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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.
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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
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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.
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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
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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
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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
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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
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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
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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
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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.
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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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