City Council
Regular MeetingBoerne, TX · June 9, 2020
Minutes
MINUTES
REGULAR CITY COUNCIL MEETING
CITY COUNCIL CHAMBERS
447 North Main Street
Boerne, TX 78006
June 9, 2020 – 6:00 PM
Minutes of the June 9, 2020 City Council meeting at 6:00 p.m.
Present: 6- Mayor Tim Handren, Mayor Pro Tem Nina Woolard, Council
Member Quinten Scott, Council Member Brian Fowler, Council
Member Joseph Macaluso, and Council Member Ty Wolosin
Staff Present: Ron Bowman, Siria Arreola, Pam Bransford, Jeff Carroll, Lori
Carroll, Chris Copeland, Ray Hacker, Jim Kohler, Mike Mann, Sandy Mattick,
Doug Meckel, Nick Montagno, Steve Perez, Barbara Quirk, Mike Raute, Chris
Shadrock, Kelly Skovbjerg, Laura Talley, Jeanette Teague, Jeff Thompson, Larry
Woods, Mary Woods, Roger Faz, and Danny Zincke.
Recognized / Registered Guests: Linda Zartler, Mike Schultz, Carol Schultz, Dan
Heckler, John Woolard, Ben Eldredge, Cindi Bowman, Christina Ryholm, and
Crystal Henry.
1. CALL TO ORDER – 6:00 PM
Mayor Handren called the City Council meeting to order at 6:00 p.m.
Mayor Handren asked for a Moment of Silence and led the Pledge of Allegiance
to the United States Flag and the Texas Flag.
2. CONFLICTS OF INTEREST
Council Member Fowler stated he will recuse himself from agenda item 15.
3. PUBLIC COMMENTS:
Ben Eldredge, 212 Azalea Trail spoke on agenda item 14 which pertained to the
proposed Blanco Road improvements and reconfiguration. Mr. Eldredge
encouraged more research.
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City Council Official Meeting Minutes June 9, 2020
4. CONSENT AGENDA:
4.A. 2020-380 CONSIDER APPROVAL OF THE MINUTES OF THE REGULAR CITY
COUNCIL MEETING HELD MAY 26, 2020.
THE MINUTES WERE APPROVED.
4.B. 2020-373 CONSIDER ON FIRST READING ORDINANCE NO. 2020-16; AN
ORDINANCE AMENDING THE CITY OF BOERNE SUBDIVISION
ORDINANCE NO. 2007-56, DATED NOVEMBER 13, 2007, ARTICLE
6. DRAINAGE AND FLOOD HAZARDS, SECTION 04. DRAINAGE
SYSTEM DESIGN STANDARDS; AMENDING TABLE 6-5, BOERNE
RAINFALL DEPTHS FOR VARIOUS DURATIONS AND FREQUENCIES.
THE ORDINANCE WAS APPROVED ON FIRST READING.
4.C. 2020-230 CONSIDER RESOLUTION NO. 2020-R39; A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF BOERNE, TEXAS, AUTHORIZING
THE CITY MANAGER TO ENTER INTO AND MANAGE AN
INTERLOCAL PARTICIPATION AGREEMENT BETWEEN THE
EDUCATION SERVICE CENTER, REGION 20 AND THE CITY OF
BOERNE TO DEPLOY FIBER OPTIC CABLE TO THE PATRICK HEATH
PUBLIC LIBRARY AND PROVIDE AN E-RATE FOR INTERNET
SERVICE.
THE RESOLUTION WAS APPROVED.
4.D. 2020-386 CONSIDER RESOLUTION NO. 2020-R40; A RESOLUTION
AUTHORIZING THE CITY MANAGER TO ENTER INTO AND MANAGE
THE FIRST AMENDMENT OF CHAPTER 43 TEXAS LOCAL
GOVERNMENT CODE DEVELOPMENT AGREEMENT
(NON-ANNEXATION AGREEMENT) WITH BRAESIDE RANCH LLC ON
SAID PROPERTY DESCRIBED IN THE ATTACHED AGREEMENT AND
METES AND BOUNDS LEGAL DESCRIPTION.
THIS RESOLUTION WAS APPROVED.
A MOTION WAS MADE BY MAYOR PRO TEM WOOLARD, SECONDED BY COUNCIL
MEMBER SCOTT TO APPROVE THE CONSENT AGENDA AS PRESENTED. THE
MOTION CARRIED BY THE FOLLOWING VOTE:
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City Council Official Meeting Minutes June 9, 2020
Yeah: 5 - Mayor Pro Tem Woolard, Council Member Scott, Council Member
Fowler, Council Member Macaluso, and Council Member Wolosin
5. 2020-374 RECOGNITION OF MILES BUTRY FOR ACTIONS TAKEN DURING A
RAIN EVENT.
Mayor Handren called on Fire Chief Doug Meckel. Chief Meckel explained the
incident of three year old Miles Butry getting help for his father and sister as
they were swept into a storm drain. Miles was presented a certificate and a
helmet from Chief Meckel. The Butry family as well as the firefighters were
recognized during the City Council meeting.
6. PUBLIC HEARING – To Hear Comments On The Following:
6.A. 2020-375 PROPOSED REZONING OF 0.341 ACRES LOCATED AT 602 FREY
STREET (KAD NO. 18988) FROM R-1, MEDIUM-DENSITY
SINGLE-FAMILY RESIDENTIAL DISTRICT, TO O, OFFICE DISTRICT.
(Burton and Joyce Sponhaltz)
Mayor Handren opened the Public Hearing at 6:14 p.m.
No comments were received.
Mayor Handren closed the Public Hearing at 6:14 p.m.
6.B. 2020-377 PROPOSED ZONING OF 5.155 ACRES OF TXDOT RIGHT-OF-WAY
TO B-2, HIGHWAY COMMERCIAL (IH-10 “SURPLUS NORTH” TRACT
THAT ADJOINS THE FUTURE BUC-EES DEVELOPMENT LOCATED AT
33375 IH-10 WEST. (Stan Beard, Buc-ees for State of Texas,
TxDOT)
Mayor Handren opened the Public Hearing at 6:14 p.m.
No comments were received.
Mayor Handren closed the Public Hearing at 6:15 p.m.
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City Council Official Meeting Minutes June 9, 2020
7. TAKE ANY NECESSARY ACTION RESULTING FROM THE PUBLIC HEARING:
7.A. 2020-376 CONSIDER ON FIRST READING ORDINANCE NO. 2020-17; 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 0.341 ACRES
LOCATED AT 602 FREY STREET (KAD NO. 18988) FROM R-1,
MEDIUM-DENSITY SINGLE-FAMILY RESIDENTIAL DISTRICT, TO O,
OFFICE DISTRICT; REPEALING ALL ORDINANCES IN CONFLICT;
CONTAINING A SEVERANCE CLAUSE; AND DECLARING AN
EFFECTIVE DATE. (Burton and Joyce Sponhaltz)
Mayor Handren called on Ms. Laura Talley, Planning and Community
Development Director. Ms. Talley display a map of the property located at 602
Frey Street which is under consideration for rezoning.
A MOTION WAS MADE BY COUNCIL MEMBER MACALUSO, SECONDED BY
COUNCIL MEMBER SCOTT, TO APPROVE ON FIRST READING ORDINANCE NO.
2020-17; 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 0.341 ACRES LOCATED AT 602 FREY STREET (KAD NO. 18988) FROM
R-1, MEDIUM-DENSITY SINGLE-FAMILY RESIDENTIAL DISTRICT, TO O, OFFICE
DISTRICT; REPEALING ALL ORDINANCES IN CONFLICT; CONTAINING A SEVERANCE
CLAUSE; AND DECLARING AN EFFECTIVE DATE. (BURTON AND JOYCE
SPONHALTZ). THE MOTION CARRIED BY THE FOLLOWING VOTE:
Yeah: 5 - Mayor Pro Tem Woolard, Council Member Scott, Council Member
Fowler, Council Member Macaluso, and Council Member Wolosin
7.B. 2020-378 CONSIDER ON FIRST READING ORDINANCE NO. 2020-18; 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
5.155 ACRES OF TXDOT RIGHT-OF-WAY LOCATED AT IH-10 WEST
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City Council Official Meeting Minutes June 9, 2020
(IH-10 “SURPLUS NORTH” TRACT THAT ADJOINS THE FUTURE
BU-CEES DEVELOPMENT LOCATED AT 33375 IH-10 WEST) TO B-2,
HIGHWAY COMMERCIAL DISTRICT; REPEALING ALL ORDINANCES
IN CONFLICT; CONTAINING A SEVERANCE CLAUSE; AND
DECLARING AN EFFECTIVE DATE. (Stan Beard, Buc-ees for State of
Texas, TxDOT)
Mayor Handren called on Ms. Laura Talley, Planning and Community
Development Director to discuss the permanent zoning of the property located
at 33375 IH-10 West.
A MOTION WAS MADE BY MAYOR PRO TEM WOOLARD, SECONDED BY COUNCIL
MEMBER WOLOSIN TO APPROVE ON FIRST READING ORDINANCE NO. 2020-18;
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 5.155 ACRES OF TXDOT RIGHT-OF-WAY LOCATED AT
IH-10 WEST (IH-10 "SURPLUS NORTH" TRACT THAT ADJOINS THE FUTURE
BU-CEES DEVELOPMENT LOCATED AT 33375 IH-10 WEST) TO B-2, HIGHWAY
COMMERCIAL DISTRICT; REPEALING ALL ORDINANCES IN CONFLICT;
CONTAINING A SEVERANCE CLAUSE; AND DECLARING AN EFFECTIVE DATE. THE
MOTION CARRIED BY THE FOLLOWING VOTE:
Yeah: 5 - Mayor Pro Tem Woolard, Council Member Scott, Council Member
Fowler, Council Member Macaluso, and Council Member Wolosin
8. 2020-389 CONSIDER RESOLUTION NO. 2020-R41; A RESOLUTION OF THE
CITY OF BOERNE, TEXAS ESTABLISHING A CHARTER REVIEW
COMMISSION AND APPOINTING MEMBERS TO SERVE ON THE
COMMISSION; AND ISSUING THE COMMISSIONS CHARGE.
Mayor Handren recommended the following individuals participate on the
Charter Review Commission: Jimmy Locke (was on the initial charter
commission), Christina Bergmann, Lance Pettigrew, Jeff Haberstroh, Stan Leech,
Linda Zartler - Chair.
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City Council Official Meeting Minutes June 9, 2020
A MOTION WAS MADE BY COUNCIL MEMBER SCOTT, SECONDED BY MAYOR PRO
TEM WOOLARD, TO APPROVE RESOLUTION NO. 2020-R41; A RESOLUTION OF
THE CITY OF BOERNE, TEXAS ESTABLISHING A CHARTER REVIEW COMMISSION
AND APPOINTING MEMBERS TO SERVE ON THE COMMISSION: LANCE
PETTIGREW, CHRISTINA BERGMANN, JEFF HABERSTROH, STAN LEECH, JIMMY
LOCKE, AND LINDA ZARTLER AS CHAIR; AND ISSUING THE COMMISSIONS
CHARGE. THE MOTION CARRIED BY THE FOLLOWING VOTE:
Yeah: 5 - Mayor Pro Tem Woolard, Council Member Scott, Council Member
Fowler, Council Member Macaluso, and Council Member Wolosin
9. 2020-388 CONSIDER RESOLUTION NO. 2020-R42; A RESOLUTION
AUTHORIZING THE CITY MANAGER TO ENTER INTO AND MANAGE
THE FIFTH AMENDMENT TO THE DEVELOPMENT AGREEMENT
AND DISTRICT CONSENT AGREEMENT BY AND BETWEEN THE CITY
OF BOERNE AND LOOKOUT DEVELOPMENT GROUP, L.P.,
KENDALL COUNTY WATER CONTROL AND IMPROVEMENT
DISTRICT NO. 2, AND KENDALL COUNTY WATER CONTROL AND
IMPROVEMENT DISTRICT NO. 2A.
Mayor Handren called on Mr. Jeff Thompson, Deputy City Manager to explain
the proposed requested amendments to the Lookout Development Group, L.P.
agreement.
A MOTION WAS MADE BY MAYOR PRO TEM WOOLARD, SECONDED BY COUNCIL
MEMBER WOLOSIN, TO APPROVE RESOLUTION NO. 2020-R42; A RESOLUTION
AUTHORIZING THE CITY MANAGER TO ENTER INTO AND MANAGE THE FIFTH
AMENDMENT TO THE DEVELOPMENT AGREEMENT AND DISTRICT CONSENT
AGREEMENT BY AND BETWEEN THE CITY OF BOERNE AND LOOKOUT
DEVELOPMENT GROUP, L.P., KENDALL COUNTY WATER CONTROL AND
IMPROVEMENT DISTRICT NO. 2, AND KENDALL COUNTY WATER CONTROL AND
IMPROVEMENT DISTRICT NO. 2A. THE MOTION CARRIED BY THE FOLLOWING
VOTE:
Yeah: 5 - Mayor Pro Tem Woolard, Council Member Scott, Council Member
Fowler, Council Member Macaluso, and Council Member Wolosin
10. 2020-390 CONSIDER RESOLUTION NO. 2020-R43; A RESOLUTION OF THE
CITY OF BOERNE, TEXAS CONSENTING TO THE ANNEXATION OF
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City Council Official Meeting Minutes June 9, 2020
11.785 ACRES OF LAND INTO KENDALL COUNTY WATER CONTROL
AND IMPROVEMENT DISTRICT NO. 2A.
Mr. Thompson continued the discussion regarding the Lookout Development
Group, L.P. and the request for the city to consent to the annexation of 11.785
acres into the Kendall County Water Control and Improvement District No. 2.A.
Mr. Thompson displayed a map of the location.
A MOTION WAS MADE BY COUNCIL MEMBER WOLOSIN, SECONDED BY MAYOR
PRO TEM WOOLARD, TO APPROVE RESOLUTION NO. 2020-R43; A RESOLUTION
OF THE CITY OF BOERNE, TEXAS CONSENTING TO THE ANNEXATION OF 11.785
ACRES OF LAND INTO KENDALL COUNTY WATER CONTROL AND IMPROVEMENT
DISTRICT NO. 2A. THE MOTION CARRIED BY THE FOLLOWING VOTE:
Yeah: 5 - Mayor Pro Tem Woolard, Council Member Scott, Council Member
Fowler, Council Member Macaluso, and Council Member Wolosin
11. 2020-387 DISCUSSION AND INTRODUCTION OF MEDICAL ADVISORY PANEL
FOR COVID-19.
Mayor Handren called on Council Member Fowler to introduce the members of
the Medical Advisory Panel: Dr. Sheralyn Wood, Dr. Ben Stahl, Dr. David
Fuentes, Dr. Kent Styskal, and Dr. Brian Fowler. These physicians will be
available to assist in interpretations and answer questions from the council
members regarding COVID-19 as needed. Questions should go through the City
Secretary, Lori Carroll.
12. 2020-392 UPDATE ON BOERNE STRONG STIMULUS PROGRAM.
Mayor Handren called on Deputy City Manager Jeff Thompson to present an
update on the Boerne Strong Stimulus Program.
13. 2020-379 RECEIVE AND CONSIDER A REQUEST FROM ALAMO SIGN
SOLUTIONS FOR A VARIANCE TO THE SIGN ORDINANCE, SECTION
7. CENTRAL AREA (B-3 ZONES) F. CANOPY SIGNS, SIZE OF SIGN.
(Methodist Surgery Center, 110 Menger Springs)
Mayor Handren called on Ms. Laura Talley, Planning and Community
Development Director. Ms. Talley displayed a map of the property location and
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a photo of the proposed sign. Discussion ensued regarding the size and how
the square foot wall measurement is applied. Discussion also ensued regarding
the existing complex sign and the property location on the interstate. Ms.
Talley stated that the Variance Committee recommended approval of the
proposed sign.
A MOTION WAS MADE BY MAYOR PRO TEM WOOLARD, SECONDED BY COUNCIL
MEMBER MACALUSO, TO RECEIVE AND APPROVE A REQUEST FROM ALAMO
SIGN SOLUTIONS FOR A VARIANCE TO THE SIGN ORDINANCE, SECTION 7.
CENTRAL AREA (B-3 ZONES) F. CANOPY SIGNS, SIZE OF SIGN. (METHODIST
SURGERY CENTER, 110 MENGER SPRINGS). THE MOTION CARRIED BY THE
FOLLOWING VOTE:
Yeah: 5 - Mayor Pro Tem Woolard, Council Member Scott, Council Member
Fowler, Council Member Macaluso, and Council Member Wolosin
14. 2020-391 CALL FOR A PUBLIC HEARING FOR JUNE 23, 2020 AT 6:00 P.M. TO
RECEIVE PUBLIC INPUT REGARDING THE BLANCO ROAD
IMPROVEMENTS/RECONFIGURATION.
Mayor Handren called on Jeff Carroll, Development Services Director to provide
information on the lane configurations on Blanco Road. Mr. Carroll stated that
the Public Hearing will need to be moved to July 14, 2020 due to a scheduling
conflict with TxDOT.
A MOTION WAS MADE BY COUNCIL MEMBER SCOTT, SECONDED BY COUNCIL
MEMBER FOWLER, TO CALL FOR A PUBLIC HEARING FOR JULY 14, 2020 AT 6:00
P.M. TO RECEIVE PUBLIC INPUT REGARDING THE BLANCO ROAD
IMPROVEMENTS/RECONFIGURATION. THE MOTION CARRIED BY THE
FOLLOWING VOTE:
Yeah: 5 - Mayor Pro Tem Woolard, Council Member Scott, Council Member
Fowler, Council Member Macaluso, and Council Member Wolosin
15. 2020-381 RECEIVE AND ACCEPT RESIGNATION FROM COUNCIL MEMBER
DISTRICT 4, BRIAN FOWLER AND DECLARE A VACANCY AS PER
THE CITY OF BOERNE HOME RULE CHARTER.
Mayor Handren stated that he received a letter of resignation from Council
Member Fowler. Council Member Fowler stated that he closed on his current
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City Council Official Meeting Minutes June 9, 2020
house and is moving to a home outside his district. This would be his last
meeting.
A MOTION WAS MADE BY MAYOR PRO TEM WOOLARD, SECONDED BY COUNCIL
MEMBER WOLOSIN, TO RECEIVE AND ACCEPT THE RESIGNATION FROM COUNCIL
MEMBER DISTRICT 4, BRIAN FOWLER AND DECLARE A VACANCY AS PER THE
CITY OF BOERNE HOME RULE CHARTER. THE MOTION CARRIED BY THE
FOLLOWING VOTE:
Yeah: 4 - Mayor Pro Tem Woolard, Council Member Scott, Council Member
Macaluso, and Council Member Wolosin
Recused: 1 - Council Member Fowler
16. 2020-382 BOWMAN’S ABBREVIATED REFLECTIONS ON 40 YEARS.
Mayor Handren called on City Manager Ron Bowman. Mr. Bowman expressed
his appreciation to the council members for their leadership and friendship.
He recognized past Mayors Dan Heckler and Mike Schultz in the audience and
reflected on his accomplishments on his 40 years of service to the Boerne
community.
17. 2020-383 RECOGNITION OF RON BOWMAN FOR HIS YEARS OF SERVICE AS
CITY MANAGER.
A video was displayed by Communications Manager Chris Shadrock
commemorating Ron Bowman's years of service. Mayor Handren announced
that the Council Chambers will be named Ronald C. Bowman Council
Chambers.
18. COMMENTS FROM COUNCIL/STAFF – No discussion or action may take
place.
Utilities Director Mike Mann stated that in May, the City of Boerne assisted the
central Texas area with mutual aide after high winds.
Community Services Director Danny Zincke stated that the City is moving
forward with the Fourth of July Fireworks Show. There will be an
announcement Friday announcing a fundraising campaign with the Boerne
Strong Neighbors Helping Neighbors. The Boerne Lake has been opened to
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City Council Official Meeting Minutes June 9, 2020
those outside Kendall County and beginning Monday, will have regular hours.
The swimming pool will open June 16, 2020.
Police Captain Steve Perez provided an update on the number of COVID-19
cases in Kendall County and Boerne. He stressed the importance of social
distancing.
Convention and Visitors Bureau Larry Woods provided an update on
Hotel/Motel occupancy.
Police Chief Jim Kohler presented Captain Perez a Certificate of Merit for his
service during the pandemic.
Mayor Handren expressed appreciation to Captain Perez for his dedicated
service.
Council Member Fowler expressed appreciation to the community for the time
he served as Council Member.
Mayor Pro Tem Woolard stated that it has been a pleasure working with
Council Member Fowler on City Council.
Council Member Ty Wolosin stated it has been good working with Council
Member Fowler on City Council. He also expressed appreciation to City
Manager Bowman for his service to the community and for making Boerne
what it is today.
Council Member Macaluso stated that he is happy for the Fowlers and their
new home. He also stated that after Katrina hit New Orleans, he could have
moved anywhere but chose Boerne because of the people and the wonderful
city that it is.
Mayor Handren stated that the process of the Transportation Committee was
put on hold due to the Pandemic. It has been agreed that they will move
forward with the interim work that has been decided upon. The Chair of the
Water Committee Patrick Cohoon will kick off the Committee this week. Mayor
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City Council Official Meeting Minutes June 9, 2020
Handren expressed appreciation to City Staff during COVID-19 and their work
on the reopening.
19. EXECUTIVE SESSION IN ACCORDANCE WITH THE TEXAS GOVERNMENT
CODE:
19.A.2020-385 SECTION 551.087 - DELIBERATION REGARDING ECONOMIC
DEVELOPMENT NEGOTIATIONS. (Ebensberger-Fisher Funeral
Home)
Mayor Handren called the City Council into Executive Session at 7:51 p.m.
No action was taken.
20. RECONVENE INTO OPEN SESSION AND TAKE ANY NECESSARY ACTION
RELATING TO THE EXECUTIVE SESSION AS DESCRIBED ABOVE.
Mayor Handren reconvened the City Council into Open Session at 8:01 p.m.
20.A.2020-384 CONSIDER RESOLUTION NO. 2020-R44; A RESOLUTION OF THE
CITY OF BOERNE, TEXAS AUTHORIZING THE CITY MANAGER TO
ENTER INTO AND MANAGE A CHAPTER 380 ECONOMIC
DEVELOPMENT AGREEMENT BETWEEN THE CITY OF BOERNE AND
EBENSBERGER-FISHER FUNERAL HOME.
A MOTION WAS MADE BY COUNCIL MEMBER WOLOSIN, SECONDED BY MAYOR
PRO TEM WOOLARD, TO APPROVE RESOLUTION NO. 2020-R44; A RESOLUTION
OF THE CITY OF BOERNE, TEXAS AUTHORIZING THE CITY MANAGER TO ENTER
INTO AND MANAGE A CHAPTER 380 ECONOMIC DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF BOERNE AND EBENSBERGER-FISHER FUNERAL HOME.
THE MOTION CARRIED BY THE FOLLOWING VOTE:
Yeah: 5 - Mayor Pro Tem Woolard, Council Member Scott, Council Member
Fowler, Council Member Macaluso, and Council Member Wolosin
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City Council Official Meeting Minutes June 9, 2020
21. 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)
There was not a need to reconvene into Executive Session.
22. ADJOURNMENT
Mayor Handren adjourned the City Council meeting at 8:04 p.m.
Approved:
_______________________________
Mayor
Attest:
_______________________________
City Secretary
City of Boerne Page 12
Agenda
AGENDA
REGULAR CITY COUNCIL MEETING
CITY COUNCIL CHAMBERS
447 North Main Street
Boerne, TX 78006
June 9, 2020 – 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, in compliance with LGC Section 551.007. 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. 2020-380 CONSIDER APPROVAL OF THE MINUTES OF THE REGULAR CITY
COUNCIL MEETING HELD MAY 26, 2020.
Attachments: Minutes 20.0526
4.B. 2020-373 CONSIDER ON FIRST READING ORDINANCE NO. 2020-16; AN
ORDINANCE AMENDING THE CITY OF BOERNE SUBDIVISION
ORDINANCE NO. 2007-56, DATED NOVEMBER 13, 2007, ARTICLE
6. DRAINAGE AND FLOOD HAZARDS, SECTION 04. DRAINAGE
SYSTEM DESIGN STANDARDS; AMENDING TABLE 6-5, BOERNE
RAINFALL DEPTHS FOR VARIOUS DURATIONS AND
FREQUENCIES.
City of Boerne Page 1 Printed on 6/5/2020
City Council Agenda June 9, 2020
Attachments: AIS Drainage Ordinance Changes
Ordinance No. 2020-16
Atlas14-table compare
NOAA_tx100y24h
4.C. 2020-230 CONSIDER RESOLUTION NO. 2020-R39; A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF BOERNE, TEXAS, AUTHORIZING
THE CITY MANAGER TO ENTER INTO AND MANAGE AN
INTERLOCAL PARTICIPATION AGREEMENT BETWEEN THE
EDUCATION SERVICE CENTER, REGION 20 AND THE CITY OF
BOERNE TO DEPLOY FIBER OPTIC CABLE TO THE PATRICK HEATH
PUBLIC LIBRARY AND PROVIDE AN E-RATE FOR INTERNET
SERVICE.
Attachments: AIS _ESC Region 20_fiber_interlocal agreement_June 9, 2020
Resolution No. 2020-R39
Consortium Letter of Agency 2019_2029-PHPL signed
Interlocal Agreement ESC 20 Fiber_Boerne.EDITED.022020 (002) FINAL from ESC 3-19-20
4.D. 2020-386 CONSIDER RESOLUTION NO. 2020-R40; A RESOLUTION
AUTHORIZING THE CITY MANAGER TO ENTER INTO AND
MANAGE THE FIRST AMENDMENT OF CHAPTER 43 TEXAS LOCAL
GOVERNMENT CODE DEVELOPMENT AGREEMENT
(NON-ANNEXATION AGREEMENT) WITH BRAESIDE RANCH LLC
ON SAID PROPERTY DESCRIBED IN THE ATTACHED AGREEMENT
AND METES AND BOUNDS LEGAL DESCRIPTION.
Attachments: Summary
Resolution No. 2020-R40
Att 1 - Contract (Exhibit A and B)
Att 2 - Location
5. 2020-374 RECOGNITION OF MILES BUTRY FOR ACTIONS TAKEN DURING A
RAIN EVENT.
Attachments: AIS. Miles Butry recognition
Map of storm drain area. Miles Butry recognition
6. PUBLIC HEARING – To Hear Comments On The Following:
6.A. 2020-375 PROPOSED REZONING OF 0.341 ACRES LOCATED AT 602 FREY
STREET (KAD NO. 18988) FROM R-1, MEDIUM-DENSITY
City of Boerne Page 2 Printed on 6/5/2020
City Council Agenda June 9, 2020
SINGLE-FAMILY RESIDENTIAL DISTRICT, TO O, OFFICE DISTRICT.
(Burton and Joyce Sponhaltz)
Attachments: Summary - 602 Frey - Public Hearing
Public Hearing Notice
Att 1 - Location Map 602 Frey Street
Att 2 - Aerial Map 602 Frey Street
Att 3 - Current Zoning
Att 4 - Proposed Zoning
Att 5 - Future Land Use Map 602 Frey Street
Att 7 - R-1 Uses
Att 8 - Street View
6.B. 2020-377 PROPOSED ZONING OF 5.155 ACRES OF TXDOT RIGHT-OF-WAY
TO B-2, HIGHWAY COMMERCIAL (IH-10 “SURPLUS NORTH”
TRACT THAT ADJOINS THE FUTURE BUC-EES DEVELOPMENT
LOCATED AT 33375 IH-10 WEST. (Stan Beard, Buc-ees for State
of Texas, TxDOT)
Attachments: Summary - TxDOT - Public Hearing
Public Hearing Notice
Att 1 - Location Map
Att 2 - TxDOT ROW Zoning Map
Att 3 - Future Land Use Map
Att 4 - B-2 Uses
7. TAKE ANY NECESSARY ACTION RESULTING FROM THE PUBLIC HEARING:
7.A. 2020-376 CONSIDER ON FIRST READING ORDINANCE NO. 2020-17; 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 0.341 ACRES
LOCATED AT 602 FREY STREET (KAD NO. 18988) FROM R-1,
MEDIUM-DENSITY SINGLE-FAMILY RESIDENTIAL DISTRICT, TO O,
OFFICE DISTRICT; REPEALING ALL ORDINANCES IN CONFLICT;
CONTAINING A SEVERANCE CLAUSE; AND DECLARING AN
EFFECTIVE DATE. (Burton and Joyce Sponhaltz)
City of Boerne Page 3 Printed on 6/5/2020
City Council Agenda June 9, 2020
Attachments: Summary - 602 Frey Street- First Reading
Ordinance No. 2020-17
Att 1 - Location Map 602 Frey Street
Att 2 - Aerial Map 602 Frey Street
Att 3 - Current Zoning
Att 4 - Proposed Zoning
Att 5 - Future Land Use Map 602 Frey Street
Att 6 - O Uses
Att 7 - R-1 Uses
Att 8 - Street View
7.B. 2020-378 CONSIDER ON FIRST READING ORDINANCE NO. 2020-18; 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
5.155 ACRES OF TXDOT RIGHT-OF-WAY LOCATED AT IH-10 WEST
(IH-10 “SURPLUS NORTH” TRACT THAT ADJOINS THE FUTURE
BU-CEES DEVELOPMENT LOCATED AT 33375 IH-10 WEST) TO
B-2, HIGHWAY COMMERCIAL DISTRICT; REPEALING ALL
ORDINANCES IN CONFLICT; CONTAINING A SEVERANCE CLAUSE;
AND DECLARING AN EFFECTIVE DATE. (Stan Beard, Buc-ees for
State of Texas, TxDOT)
Attachments: Summary - First Reading
Ordinance No. 2020-18
Att 1 - Location Map
Att 2 - TxDOT ROW Zoning Map
Att 3 - Future Land Use Map
Att 4 - B-2 Uses
Att 5 - TxDOT Proposed Alignment
8. 2020-389 CONSIDER RESOLUTION NO. 2020-R41; A RESOLUTION OF THE
CITY OF BOERNE, TEXAS ESTABLISHING A CHARTER REVIEW
COMMISSION AND APPOINTING MEMBERS TO SERVE ON THE
COMMISSION; AND ISSUING THE COMMISSIONS CHARGE.
Attachments: AIS charter commission
Resolution No. 2020-R41
2012 Home Rule Charter DISCUSSION DRAFT
City of Boerne Page 4 Printed on 6/5/2020
City Council Agenda June 9, 2020
9. 2020-388 CONSIDER RESOLUTION NO. 2020-R42; A RESOLUTION
AUTHORIZING THE CITY MANAGER TO ENTER INTO AND
MANAGE THE FIFTH AMENDMENT TO THE DEVELOPMENT
AGREEMENT AND DISTRICT CONSENT AGREEMENT BY AND
BETWEEN THE CITY OF BOERNE AND LOOKOUT DEVELOPMENT
GROUP, L.P., KENDALL COUNTY WATER CONTROL AND
IMPROVEMENT DISTRICT NO. 2, AND KENDALL COUNTY WATER
CONTROL AND IMPROVEMENT DISTRICT NO. 2A.
Attachments: Esperanza AIS 6.09.20
Resolution No. 2020-R42
Fifth Amendment with Exhibits 052820
Attachment 1
Attachment 2
Attachment 3
Attachment 4
10. 2020-390 CONSIDER RESOLUTION NO. 2020-R43; A RESOLUTION OF THE
CITY OF BOERNE, TEXAS CONSENTING TO THE ANNEXATION OF
11.785 ACRES OF LAND INTO KENDALL COUNTY WATER
CONTROL AND IMPROVEMENT DISTRICT NO. 2A.
Attachments: AIS WCID2A CONSENT TO ANNEXATION
2020-R43 Consent annex WCID No. 2A
Petition to Consent to Annex 11.785 acres
Attachment 1
11. 2020-387 DISCUSSION AND INTRODUCTION OF MEDICAL ADVISORY
PANEL FOR COVID-19.
Attachments: AIS. COVID-19 Medical Advisory Panel
12. 2020-392 UPDATE ON BOERNE STRONG STIMULUS PROGRAM.
Attachments: AIS BSSP Update
13. 2020-379 RECEIVE AND CONSIDER A REQUEST FROM ALAMO SIGN
SOLUTIONS FOR A VARIANCE TO THE SIGN ORDINANCE,
SECTION 7. CENTRAL AREA (B-3 ZONES) F. CANOPY SIGNS, SIZE
OF SIGN. (Methodist Surgery Center, 110 Menger Springs)
City of Boerne Page 5 Printed on 6/5/2020
City Council Agenda June 9, 2020
Attachments: Summary - Methodist Ambulatory Surgical Ctr Sign Variance
Att 1 - Application
Att 2 - Layout
14. 2020-391 CALL FOR A PUBLIC HEARING FOR JUNE 23, 2020 AT 6:00 P.M.
TO RECEIVE PUBLIC INPUT REGARDING THE BLANCO ROAD
IMPROVEMENTS/RECONFIGURATION.
Attachments: AIS Blanco Road Set Public Hearing
BlancoRoadLaneConfigExhibit
15. 2020-381 RECEIVE AND ACCEPT RESIGNATION FROM COUNCIL MEMBER
DISTRICT 4, BRIAN FOWLER AND DECLARE A VACANCY AS PER
THE CITY OF BOERNE HOME RULE CHARTER.
Attachments: AIS vacancy
16. 2020-382 BOWMAN’S ABBREVIATED REFLECTIONS ON 40 YEARS.
Attachments: AIS. Bowman's 40 years
17. 2020-383 RECOGNITION OF RON BOWMAN FOR HIS YEARS OF SERVICE AS
CITY MANAGER.
18. COMMENTS FROM COUNCIL/STAFF – No discussion or action may take place.
19. EXECUTIVE SESSION IN ACCORDANCE WITH THE TEXAS GOVERNMENT CODE:
19.A. 2020-385 SECTION 551.087 - DELIBERATION REGARDING ECONOMIC
DEVELOPMENT NEGOTIATIONS. (Ebensberger-Fisher Funeral
Home)
20. RECONVENE INTO OPEN SESSION AND TAKE ANY NECESSARY ACTION RELATING
TO THE EXECUTIVE SESSION AS DESCRIBED ABOVE.
20.A. 2020-384 CONSIDER RESOLUTION NO. 2020-R44; A RESOLUTION OF THE
CITY OF BOERNE, TEXAS AUTHORIZING THE CITY MANAGER TO
ENTER INTO AND MANAGE A CHAPTER 380 ECONOMIC
DEVELOPMENT AGREEMENT BETWEEN THE CITY OF BOERNE AND
EBENSBERGER-FISHER FUNERAL HOME.
Attachments: Resolution No. 2020-R44
City of Boerne Page 6 Printed on 6/5/2020
City Council Agenda June 9, 2020
21. 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)
22. ADJOURNMENT
_______________________________
s/s Ronald C. Bowman
City Manager
CERTIFICATION
I hereby certify that the above notice of meeting was posted on the 5th day of June,
2020 at 4:40 p.m.
_______________________________
s/s Lori A. Carroll
City Secretary
NOTICE OF ASSISTANCE AT THE PUBLIC MEETINGS
Boerne City Hall is wheelchair accessible. Access to the building and special parking
is available at the north 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 6/5/2020
City Council Agenda June 9, 2020
City of Boerne Page 8 Printed on 6/5/2020
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