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City Council

Regular Meeting

Boerne, TX · June 9, 2020

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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. City of Boerne Page 1 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: City of Boerne Page 2 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. City of Boerne Page 3 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 City of Boerne Page 4 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. City of Boerne Page 5 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 City of Boerne Page 6 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 City of Boerne Page 7 City Council Official Meeting Minutes June 9, 2020 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 City of Boerne Page 8 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 City of Boerne Page 9 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 City of Boerne Page 10 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 City of Boerne Page 11 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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