City Council

MINUTES REGULAR CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 447 North Main Street Boerne, TX 78006 August 25, 2020 – 6:00 PM Minutes of the Regular City Council meeting of August 25, 2020 at 6:00 p.m. Staff Present: Ben Thatcher, Siria Arreola, Pam Bransford, Jeff Carroll, Lori Carroll, Ray Hacker, Sandy Mattick, Jeff Page, Barbara Quick, Laura Talley, Jeff Thompson, Larry Woods, and Danny Zincke. Recognized/Registered Guests: John Woolard, Christina Ryholm, Patrick Cohoon, Denise L. Dever, Brian Fowler, Lance Kyle, Patti Mainz, Ben Eldredge, and John LaRoche. Present: 6- Mayor Tim Handren, Council Member Ty Wolosin, Mayor Pro Tem Nina Woolard, Council Member Quinten Scott, Council Member Bryce Boddie, and Council Member Joseph Macaluso 1. CALL TO ORDER – 6:00 PM Mayor Handren called the City Council to order at 6:00 p.m. Mayor Handren asked for Moment of Silence and led the Pledge of Allegiance to the United States Flag and to the Texas Flag. 2. CONFLICTS OF INTEREST No conflicts were declared. 3. PUBLIC COMMENTS: No Public Comments were received. 4. CONSENT AGENDA: A. 2020-496 CONSIDER THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF AUGUST 11, 2020. City of Boerne Page 1 City Council Official Meeting Minutes August 25, 2020 THE MINUTES WERE APPROVED. B. 2020-489 CONSIDER ON SECOND READING ORDINANCE NO. 2020-20; AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF BOERNE, TEXAS, BY AMENDING CHAPTER 9 OF THE CODE OF ORDINANCES OF THE CITY OF BOERNE, TEXAS ENTITLED ''FLOOD DAMAGE PREVENTION''; SECTION 9-5. DEFINITIONS, SECTION 9-6. LANDS TO WHICH THIS ORDINANCE APPLIES, SECTION 9-7. BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD AND LOCAL FLOODPLAIN; ARTICLE II. ADMINISTRATION, SECTION 9-42. DUTIES AND RESPONSIBILITIES OF THE FLOODPLAIN ADMINISTRATOR, SECTION 9-44. VARIANCE PROCEDURES; ARTICLE III. PROVISIONS FOR FLOOD HAZARD REDUCTION, SECTION 9-66. GENERAL STANDARDS, SECTION 9-67. SPECIFIC STANDARDS FOR A & AE ZONES, SECTION 9-68. STANDARDS FOR SUBDIVISION PROPOSALS, SECTION. 9-69. STANDARDS FOR AREAS OF SHALLOW FLOODING (AO/AH ZONES), SECTION 9-70. LOCAL FLOODPLAIN, 9-71. FLOODWAYS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR A PENALTY OF NOT MORE THAN $1,000.00 FOR EACH VIOLATION. (Update to the Flood Damage Prevention Ordinance) THE ORDINANCE WAS APPROVED. C. 2020-204 CONSIDER RESOLUTION NO. 2020-R61; A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AND MANAGE AN AGREEMENT BETWEEN THE CITY OF BOERNE AND KIMLEY-HORN AND ASSOCIATES, INC. FOR PROFESSIONAL DESIGN AND CONSTRUCTION SERVICES FOR THE OAK PARK, FREY STREET, AND EAST BANDERA ROAD SIDEWALK IMPROVEMENTS. (Design, bid, and construction of sidewalks) THE RESOLUTION WAS APPROVED. D. 2020-259 CONSIDER RESOLUTION NO. 2020-R62; A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AND MANAGE AN AGREEMENT BETWEEN THE CITY OF BOERNE AND KLEIN & COPE ENGINEERING, INC. FOR PROFESSIONAL DESIGN AND CONSTRUCTION SERVICES OF THE BENTWOOD DRIVE SIDEWALK City of Boerne Page 2 City Council Official Meeting Minutes August 25, 2020 PROJE C T . (Bentwood culvert expansion and sidewalk improvements) THE RESOLUTION WAS APPROVED. E. 2020-499 CONSIDER RESOLUTION NO. 2020-R63; A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AND MANAGE AN AGREEMENT BETWEEN THE CITY OF BOERNE AND JONES & CARTER, INC. FOR PROFESSIONAL DESIGN AND CONSTRUCTION SERVICES FOR THE ROSEWOOD AVENUE SIDEWALK PROJECT. (Rosewood sidewalk improvements) THE RESOLUTION WAS APPROVED. F. 2020-498 CONSIDER RESOLUTION NO. 2020-R64; A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AND MANAGE AN AGREEMENT BETWEEN THE CITY OF BOERNE AND MAESTAS & ASSOCIATES, LLC FOR PROFESSIONAL DESIGN AND CONSTRUCTION SERVICES FOR THE CITY PARK ROAD SIDEWALK PROJECT. (City Park Road sidewalk improvement from River Rd. (SH 46) to Charger Boulevard.) THE RESOLUTION WAS APPROVED. Yeah: 5 - Council Member Wolosin, Mayor Pro Tem Woolard, Council Member Scott, Council Member Boddie, and Council Member Macaluso A MOTION WAS MADE BY MAYOR PRO TEM WOOLARD, SECONDED BY COUNCIL MEMBER WOLOSIN TO APPROVE THE CONSENT AGENDA AS PRESENTED. THE MOTION CARRIED BY THE FOLLOWING VOTE: Yeah: 5 - Council Member Wolosin, Mayor Pro Tem Woolard, Council Member Scott, Council Member Boddie, and Council Member Macaluso REGULAR AGENDA: 5. PUBLIC HEARINGS AND ORDINANCES: A. 2020-497 PROPOSED BUDGET FOR FISCAL YEAR 2020-2021. City of Boerne Page 3 City Council Official Meeting Minutes August 25, 2020 I. STAFF PRESENTATION II. PUBLIC HEARING (One of one hearing, final vote will be held at the Regular City Council Meeting on September 8, 2020 at 6:00 p.m.) III. CONSIDER ON FIRST READING ORDINANCE NO. 2020-21; AN ORDINANCE ADOPTING THE ANNUAL CAPITAL AND OPERATING BUDGETS FOR THE CITY OF BOERNE, TEXAS FOR THE FISCAL YEAR 2020-2021, BEGINNING OCTOBER 1, 2020 AND ENDING SEPTEMBER 30, 2021. Mayor Handren called on Ms. Sandy Mattick, Finance Director to provide an overview of the proposed budget. She also reviewed the timeline for approving the budget and the tax rate. Mayor Handren opened the Public Hearing at 6:10 p.m. Denise Dever, 53 Silent Springs expressed concerns with the information in the Capital Investments section of the budget regarding the Transportation Plan. City Manager Thatcher explained the statement is just recognizing what is available in the budget for the Transportation Plan. Mayor Handren closed the Public Hearing at 6:15 p.m. A MOTION WAS MADE BY MAYOR PRO TEM WOOLARD, SECONDED BY COUNCIL MEMBER WOLOSIN, TO APPROVE ON FIRST READING ORDINANCE NO. 2020-21; AN ORDINANCE ADOPTING THE ANNUAL CAPITAL AND OPERATING BUDGETS FOR THE CITY OF BOERNE, TEXAS FOR THE FISCAL YEAR 2020-2021, BEGINNING OCTOBER 1, 2020 AND ENDING SEPTEMBER 30, 2021. THE MOTION CARRIED BY THE FOLLOWING VOTE: Yeah: 5 - Council Member Wolosin, Mayor Pro Tem Woolard, Council Member Scott, Council Member Boddie, and Council Member Macaluso B. 2020-495 PROPOSED USE OF A RESTAURANT WITH A DRIVE-THRU IN A B-3, CENTRAL BUSINESS DISTRICT LOCATED AT 101 SOUTH MAIN City of Boerne Page 4 City Council Official Meeting Minutes August 25, 2020 STREET. (KAD NO. 19906, Patrice Mainz, Black Rifle Coffee Company) I. STAFF PRESENTATION II. PUBLIC HEARING III. CONSIDER ON FIRST READING ORDINANCE NO. 2020-22; AN ORDINANCE AMENDING THE CITY OF BOERNE ZONING ORDINANCE NO. 2007-64 CAPTIONED, “ZONING ORDINANCE OF THE CITY OF BOERNE, TEXAS," DATED DECEMBER 18, 2007, ARTICLE 5, SECTION 3 PERMITTED USES, TABLE 5-1, AUTHORIZING THE USE OF A RESTAURANT WITH A DRIVE-THRU IN A B-3, CENTRAL BUSINESS DISTRICT LOCATED AT 101 SOUTH MAIN STREET. Mayor Handren called on Ms. Laura Talley, Planning and Community Development Director to discuss the request for a proposed use of a restaurant with a drive-thru in a B-3, Central Business District. Ms. Talley displayed a map of the property located at 101 South Main Street. Discussion ensued regarding the Master Plan, enforcing traffic, affecting the walkability of downtown, and setting a precedence for other businesses. Mayor Handren opened the Public Hearing at 6:44 p.m. Brian Fowler, 441 Oak Park Drive stated he was opposed to the proposed drive-thru. He discussed the Master Plan, Rudat Study and Boerne's vision for Main Street. He felt if approved, it would set a precedence for other businesses on Main Street. Lance Kyle stated he was opposed to the proposed drive-thru. Patrick Cohoon stated the drive-thru would aleve parking in the area. The key to downtown is to have commerce and to provide this option to the community. Mayor Handren closed the Public Hearing at 6:52 p.m. City of Boerne Page 5 City Council Official Meeting Minutes August 25, 2020 The City Council continued the discussion. A MOTION WAS MADE BY COUNCIL MEMBER WOLOSIN, SECONDED BY MAYOR PRO TEM WOOLARD, TO DENY ON FIRST READING ORDINANCE NO. 2020-22; AN ORDINANCE AMENDING THE CITY OF BOERNE ZONING ORDINANCE NO. 2007-64 CAPTIONED, “ZONING ORDINANCE OF THE CITY OF BOERNE, TEXAS," DATED DECEMBER 18, 2007, ARTICLE 5, SECTION 3 PERMITTED USES, TABLE 5-1, AUTHORIZING THE USE OF A RESTAURANT WITH A DRIVE-THRU IN A B-3, CENTRAL BUSINESS DISTRICT LOCATED AT 101 SOUTH MAIN STREET. THE MOTION CARRIED BY THE FOLLOWING VOTE: Yeah: 5 - Council Member Wolosin, Mayor Pro Tem Woolard, Council Member Scott, Council Member Boddie, and Council Member Macaluso 6. RESOLUTIONS A. 2020-493 CONSIDER RESOLUTION NO. 2020-R65; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOERNE, TEXAS, ACCEPTING THE REQUEST AND SETTING THE DATE, TIME AND PLACE FOR A PUBLIC HEARING ON THE PROPOSED ANNEXATION OF 8.869 ACRES OF LAND LOCATED AT 103 OLD SAN ANTONIO ROAD AND ADJOINING PORTION OF OLD SAN ANTONIO ROAD BY THE CITY OF BOERNE; AUTHORIZING AND DIRECTING THE PUBLICATION OF NOTICE OF SUCH PUBLIC HEARING; AND CONSIDER APPROVAL OF A MUNICIPAL SERVICE PLAN AGREEMENT. (At the request of William G. Graham, Fraser H. Graham, John J. Laroche) City of Boerne Page 6 City Council Official Meeting Minutes August 25, 2020 A MOTION WAS MADE BY MAYOR PRO TEM WOOLARD, SECONDED BY COUNCIL MEMBER WOLOSIN, TO APPROVE RESOLUTION NO. 2020-R65; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOERNE, TEXAS, ACCEPTING THE REQUEST AND SETTING A PUBLIC HEARING ON SEPTEMBER 8, 2020, AT 6:00 P.M. ON THE PROPOSED ANNEXATION OF 8.869 ACRES OF LAND LOCATED AT 103 OLD SAN ANTONIO ROAD AND ADJOINING PORTION OF OLD SAN ANTONIO ROAD BY THE CITY OF BOERNE; AUTHORIZING AND DIRECTING THE PUBLICATION OF NOTICE OF SUCH PUBLIC HEARING; AND APPROVE THE MUNICIPAL SERVICE PLAN AGREEMENT. (AT THE REQUEST OF WILLIAM G. GRAHAM, FRASER H. GRAHAM, JOHN J. LAROCHE). THE MOTION CARRIED BY THE FOLLOWING VOTE: Yeah: 5 - Council Member Wolosin, Mayor Pro Tem Woolard, Council Member Scott, Council Member Boddie, and Council Member Macaluso 7. 2020-494 CITY MANAGER'S REPORT: A. WATER QUALITY TESTING (J Carroll) B. PROJECTS UPDATE Jeff Carroll, Development Services Director provided information on the water quality testing requirement for Boerne City Lake. He also stated that water production is increasing. The Police Department and Code Enforcement are patrolling and sent 100 letters last week to property owners who were watering on the wrong day or time. He will review the annual commitment from GBRA. Ben Thatcher, City Manager provided an update on the 2020 projects that are moving forward in the FY2020 budget. 8. COMMENTS FROM COUNCIL – No discussion or action may take place. Mayor Handren provided an update on active COVID-19 cases in Kendall County. 9. EXECUTIVE SESSION IN ACCORDANCE WITH THE TEXAS GOVERNMENT CODE: City of Boerne Page 7 City Council Official Meeting Minutes August 25, 2020 Mayor Handren convened the City Council into Executive Session at 7:25 p.m. A. 2020-491 SECTION 551.071 CONSULTATION WITH CITY ATTORNEY AND SECTION 551.072 - DELIBERATION REGARDING REAL PROPERTY, DISCUSSION ON POSSIBLE SALE OF CITY HALL CAMPUS PROPERTIES AND VALUE OF LAND. Discussion began at 7:29 p.m. No action was taken. B. 2020-492 SECTION 551.071 - CONSULTATION WITH CITY ATTORNEY REGARDING LITIGATION MATTER, CITY OF BOERNE VS. SURETEC INSURANCE COMPANY. Discussion began at 7:50 p.m. No action was taken. 10. 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 7:55 p.m. No action was taken. 11. 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) It was not necessary to reconvene into Executive Session. City of Boerne Page 8 City Council Official Meeting Minutes August 25, 2020 12. ADJOURNMENT Mayor Handren adjourned the City Council meeting at 7:56 p.m. Approved: ______________________ Mayor Attest: _______________________________ City Secretary City of Boerne Page 9