City Council

MINUTES REGULAR CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 447 North Main Street Boerne, TX 78006 November 24, 2020 – 6:00 PM Minutes of the Regular City Council meeting of November 24, 2020 at 6:00 p.m. Present: 5- Mayor Tim Handren, Council Member Ty Wolosin, Council Member Quinten Scott, Council Member Bryce Boddie, and Council Member Joseph Macaluso Absent: 1- Mayor Pro Tem Nina Woolard Staff Present: Ben Thatcher, Siria Arreola, Jeff Carroll, Lori Carroll, Sandy Mattick, Mike Raute, Chris Shadrock, Jeff Thompson, and Danny Zincke. Barbara Quirk, Mike Mann and Laura Talley attended virtually. Registered/Recognized Guests: Ben Eldredge 1. CALL TO ORDER – 6:00 PM Mayor Handren called the 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 to the Texas Flag. 2. 2020-672 ADMINISTER OATH OF OFFICE TO COUNCIL MEMBER DISTRICT 3. Mayor Handren administered the Oath of Office to Quinten Scott, City Council Member District 3. 3. 2020-673 CONSIDER THE ELECTION OF THE OFFICE OF THE MAYOR PRO TEM FOR THE TERM OF NOVEMBER 2020 TO MAY 2021. City of Boerne Page 1 City Council Official Meeting Minutes November 24, 2020 A MOTION WAS MADE BY COUNCIL MEMBER WOLOSIN, SECONDED BY COUNCIL MEMBER MACALUSO, TO ELECT COUNCIL MEMBER NINA WOOLARD TO THE OFFICE OF THE MAYOR PRO TEM FOR THE TERM OF NOVEMBER 2020 TO MAY 2021. THE MOTION CARRIED BY THE FOLLOWING VOTE: Yeah: 4 - Council Member Wolosin, Council Member Scott, Council Member Boddie, and Council Member Macaluso Absent: 1 - Mayor Pro Tem Woolard 4. CONFLICTS OF INTEREST No conflicts were declared. 5. PUBLIC COMMENTS: No Public Comments were received. Mayor Handren commented on wearing a facial covering. 6. CONSENT AGENDA: A. 2020-665 CONSIDER APPROVAL OF THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF NOVEMBER 10, 2020. B. 2020-667 CONSIDER ON SECOND READING ORDINANCE NO. 2020-28; AN ORDINANCE REPEALING AND REPLACING ORDINANCE NO. 2019-52, AND ESTABLISHING AND REESTABLISHING FEES AND CHARGES FOR ACTIVITIES, GOODS AND SERVICES PROVIDED BY THE CITY; CONTAINING A PROVISION TO AUTHORIZE THE CITY MANAGER TO ESTABLISH FEES AND CHARGES IN CERTAIN CIRCUMSTANCES, CONTAINING FINDINGS AND OTHER PROVISIONS RELATING TO THE SUBJECT. C. 2020-684 CONSIDER RESOLUTION NO. 2020-R98; A RESOLUTION OF THE CITY OF BOERNE, TEXAS, DECLARING 2020 CHARTER City of Boerne Page 2 City Council Official Meeting Minutes November 24, 2020 AMENDMENTS ADOPTED. A MOTION WAS MADE BY COUNCIL MEMBER SCOTT, SECONDED BY COUNCIL MEMBER WOLOSIN TO APPROVE THE CONSENT AGENDA AS PRESENTED. COUNCIL MEMBER MACALUSO CLARIFIED THAT THE FEE ORDINANCE AGENDA ITEM WILL BE BROUGHT BACK TO CITY COUNCIL WITH AN UPDATE WHEN THE UNIFIED DEVELOPMENT CODE IS APPROVED. THE MOTION CARRIED BY THE FOLLOWING VOTE: Yeah: 4 - Council Member Wolosin, Council Member Scott, Council Member Boddie, and Council Member Macaluso Absent: 1 - Mayor Pro Tem Woolard REGULAR AGENDA: 7. PUBLIC HEARINGS, PRESENTATIONS, AND ORDINANCES: A. 2020-679 RECEIVE THE RECOMMENDATION FROM THE PLANNING AND ZONING COMMISSION FOR ADOPTION OF THE UNIFIED DEVELOPMENT CODE. Mayor Handren called on Ms. Laura Talley, Planning and Community Development Director. Ms. Talley reviewed the Unified Development Code (UDC) proposed changes recommended by the Planning and Zoning Commission. Discussion ensued regarding the zoning map and the capability of emailing a question or comment from the City's UDC website. City of Boerne Page 3 City Council Official Meeting Minutes November 24, 2020 A MOTION WAS MADE BY COUNCIL MEMBER MACALUSO, SECONDED BY COUNCIL MEMBER SCOTT, TO RECEIVE THE RECOMMENDATION FROM THE PLANNING AND ZONING COMMISSION FOR ADOPTION OF THE UNIFIED DEVELOPMENT CODE WITH THE FOLLOWING CONDITIONS: CHANGE THE LANGUAGE EXEMPLIFIED IN SECTION 1.12B SUBSECTION 1C WHICH ALSO WILL CHANGE THE MIRRORING SECTIONS THAT AFFECT THE BOARD OF ADJUSTMENTS, HISTORIC LANDMARK COMMISSION AND DESIGN REVIEW COMMITTEE WITH THE FOLLOWING LANGUAGE: "ANY VACANCY SHALL BE FILLED IN THE SAME MANNER AS THE APPOINTMENT IS MADE." THE MOTION CARRIED BY THE FOLLOWING VOTE: Yeah: 4 - Council Member Wolosin, Council Member Scott, Council Member Boddie, and Council Member Macaluso Absent: 1 - Mayor Pro Tem Woolard B. 2020-680 CONTINUATION OF PUBLIC HEARING FROM NOVEMBER 10, 2020 CITY COUNCIL MEETING ON PROPOSED ADOPTION OF A UNIFIED DEVELOPMENT CODE, REPEALING AND REPLACING ORDINANCES PERTAINING TO LAND DEVELOPMENT, ZONING AND SIGNAGE. Mayor Handren opened the Public Hearing at 6:22 p.m. Ben Eldredge stated that the UDC predicated on the City's Master Plan and is based on what the citizens want. Several different professions were represented on the UDC committee. Mayor Handren remarked on the work of the UDC committee. Mayor Handren closed the Public Hearing at 6:26 p.m. C. 2020-674 CONSIDER A ONE-TIME READING OF ORDINANCE NO. 2020-29; AS PERMITTED BY THE CITY OF BOERNE’S HOME RULE CHARTER, SECTION 3.11.A. (As described below) A MOTION WAS MADE BY COUNCIL MEMBER BODDIE, SECONDED BY COUNCIL MEMBER WOLOSIN, TO APPROVE A ONE-TIME READING OF ORDINANCE NO. 2020-29; AS PERMITTED BY THE CITY OF BOERNE’S HOME RULE CHARTER, SECTION 3.11.A. (AS DESCRIBED BELOW). THE MOTION CARRIED BY THE FOLLOWING VOTE: City of Boerne Page 4 City Council Official Meeting Minutes November 24, 2020 Yeah: 4 - Council Member Wolosin, Council Member Scott, Council Member Boddie, and Council Member Macaluso Absent: 1 - Mayor Pro Tem Woolard D. 2020-681 CONSIDER ORDINANCE NO. 2020-29; AN ORDINANCE OF THE CITY OF BOERNE, TEXAS, ADOPTING A UNIFIED DEVELOPMENT CODE THAT INCORPORATES ZONING, SUBDIVISION, SIGN AND DEVELOPMENT ORDINANCES; REPEALING ORDINANCE NO. 2007-64 (ZONING ORDINANCE), ORDINANCE NO. 2007-56 (SUBDIVISION ORDINANCE), ORDINANCE NO. 2008-21 (SIGN ORDINANCE), AND ORDINANCE NO. 2013-26 (DEVELOPMENT PLAT REGULATIONS); REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING FOR A PENALTY FOR VIOLATION WITH FINES UP TO $1,000.00 FOR EACH SEPARATE OFFENSE; CONTAINING A SEVERANCE CLAUSE; PROVIDING ENFORCEMENT AND DECLARING AN EFFECTIVE DATE. A MOTION WAS MADE BY COUNCIL MEMBER MACALUSO, SECONDED BY COUNCIL MEMBER WOLOSIN, TO APPROVE ORDINANCE NO. 2020-29; AN ORDINANCE OF THE CITY OF BOERNE, TEXAS, ADOPTING A UNIFIED DEVELOPMENT CODE THAT INCORPORATES ZONING, SUBDIVISION, SIGN AND DEVELOPMENT ORDINANCES; REPEALING ORDINANCE NO. 2007-64 (ZONING ORDINANCE), ORDINANCE NO. 2007-56 (SUBDIVISION ORDINANCE), ORDINANCE NO. 2008-21 (SIGN ORDINANCE), AND ORDINANCE NO. 2013-26 (DEVELOPMENT PLAT REGULATIONS); REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING FOR A PENALTY FOR VIOLATION WITH FINES UP TO $1,000.00 FOR EACH SEPARATE OFFENSE; CONTAINING A SEVERANCE CLAUSE; PROVIDING ENFORCEMENT AND DECLARING AN EFFECTIVE DATE TO INCLUDE THE FOLLOWING CONDITIONS: CHANGE THE LANGUAGE EXEMPLIFIED IN SECTION 1.12B SUBSECTION 1C WHICH ALSO WILL CHANGE THE MIRRORING SECTIONS THAT AFFECT THE BOARD OF ADJUSTMENTS, HISTORIC LANDMARK COMMISSION AND DESIGN REVIEW COMMITTEE WITH THE FOLLOWING LANGUAGE: "ANY VACANCY SHALL BE FILLED IN THE SAME MANNER AS THE APPOINTMENT IS MADE." THE MOTION CARRIED BY THE FOLLOWING VOTE: Yeah: 4 - Council Member Wolosin, Council Member Scott, Council Member Boddie, and Council Member Macaluso City of Boerne Page 5 City Council Official Meeting Minutes November 24, 2020 Absent: 1 - Mayor Pro Tem Woolard 8. RESOLUTIONS A. 2020-668 CONSIDER RESOLUTION NO. 2020-R99; A RESOLUTION DESIGNATING THE CITY’S ANNUAL ALLOCATION OF GROUNDWATER PRODUCTION AS IT PERTAINS TO THE CITY’S WITHDRAWAL PERMIT FROM COW CREEK GROUNDWATER CONSERVATION DISTRICT TO RETAIN THE CURRENT QUARTERLY ALLOCATION FOR CALENDAR YEAR 2021. Mayor Handren called on Mr. Mike Mann, Utilities Director. Mr. Mann explained the requirement of the Cow Creek Groundwater Conservation District allocation. It is staff's recommendation to retain the current quarterly allocation. A MOTION WAS MADE BY COUNCIL MEMBER WOLOSIN, SECONDED BY COUNCIL MEMBER SCOTT, TO APPROVE RESOLUTION NO. 2020-R99; A RESOLUTION DESIGNATING THE CITY’S ANNUAL ALLOCATION OF GROUNDWATER PRODUCTION AS IT PERTAINS TO THE CITY’S WITHDRAWAL PERMIT FROM COW CREEK GROUNDWATER CONSERVATION DISTRICT TO RETAIN THE CURRENT QUARTERLY ALLOCATION FOR CALENDAR YEAR 2021. THE MOTION CARRIED BY THE FOLLOWING VOTE: Yeah: 4 - Council Member Wolosin, Council Member Scott, Council Member Boddie, and Council Member Macaluso Absent: 1 - Mayor Pro Tem Woolard B. 2020-671 CONSIDER RESOLUTION NO. 2020-R100; A RESOLUTION DESIGNATING THE CITY’S ANNUAL COMMITMENT FOR WATER FROM THE GUADALUPE-BLANCO RIVER AUTHORITY AS PART OF THE WESTERN CANYON REGIONAL WATER SUPPLY PROJECT TO INCREASE THE CURRENT ANNUAL COMMITMENT OF WATER FOR CALENDAR YEAR 2021. Mr. Mann continued with annual commitment for water from the Guadalupe-Blanco River Authority (GBRA). It is staff's recommendation to increase the annual commitment. Mr. Mann stated 2018 was the last year the City of Boerne Page 6 City Council Official Meeting Minutes November 24, 2020 City increased the commitment for water. Discussion ensued regarding the term of the City's contract with GBRA and the maximum amount that the city can take. A MOTION WAS MADE BY COUNCIL MEMBER SCOTT, SECONDED BY COUNCIL MEMBER MACALUSO, TO APPROVE RESOLUTION NO. 2020-R100; A RESOLUTION DESIGNATING THE CITY’S ANNUAL COMMITMENT FOR WATER FROM THE GUADALUPE-BLANCO RIVER AUTHORITY AS PART OF THE WESTERN CANYON REGIONAL WATER SUPPLY PROJECT TO INCREASE THE CURRENT ANNUAL COMMITMENT OF WATER FOR CALENDAR YEAR 2021. THE MOTION CARRIED BY THE FOLLOWING VOTE: Yeah: 4 - Council Member Wolosin, Council Member Scott, Council Member Boddie, and Council Member Macaluso Absent: 1 - Mayor Pro Tem Woolard 9. OTHER ITEMS: A. 2020-683 DISCUSSION OF CITY OF BOERNE’S 2021 LEGISLATIVE PLAN FOR THE 87TH SESSION OF THE TEXAS LEGISLATURE. Mayor Handren called on Ms. Barbara Quirk, City Attorney to review the proposed 2021 Legislative Plan. Discussion ensued regarding real estate prices, speed limits, lobbying activities, and the limits the legislature is putting on municipalities. 10. CITY MANAGER'S REPORT: A. 2020-677 MONTHLY PROJECT UPDATE. Mayor Handren called on Mr. Ben Thatcher, City Manager. Mr. Thatcher announced that to be transparent, various meetings will be recorded and sent out on the city's website. He provided an update on various city projects. B. 2020-678 HOME FOR THE HOLIDAYS/ BUY LOCAL CAMPAIGN. (Zincke) Community Services Director Mr. Danny Zincke stated the local merchants will stay open late for the next three weekends for the Home for the Holidays City of Boerne Page 7 City Council Official Meeting Minutes November 24, 2020 event. There will be various vendors on the Plaza with handmade items. The hours are noon until 9:00 p.m. each weekend. Mr. Zincke urged everyone to support our local businesses. 11. COMMENTS FROM COUNCIL – No discussion or action may take place. Council Member Wolosin reminded everyone to always be conservative of water. Council Member Wolosin also mentioned that the Blanco Road Committee will provide an update to the City Council at the December 8, 2020 meeting. He reminded everyone to be smart about what you do for Thanksgiving. Council Member Macaluso stated that he was glad to see that the Grant position will be contracted. Mayor Handren stated that there will be an update from the Water Committee next meeting. He expressed appreciation to Mike Raute for making Zoom meetings readily available. He also expressed appreciation to the Hill Country Weekly for the recipe books which were distributed before the meeting began. He stated he was grateful for a great council, the new city manager, staff, the community and his wife. 12. EXECUTIVE SESSION IN ACCORDANCE WITH THE TEXAS GOVERNMENT CODE: Mayor Handren convened the City Council into Executive Session at 7:24 p.m. Discussion began at 7:29 p.m. A. 2020-675 SECTION 551.072 - DELIBERATION REGARDING THE PURCHASE OR VALUE OF REAL PROPERTY, AN EASEMENT, LOCATED IN THE JOHN SMALL SURVEY NO. 183, ABSTRACT 441 IN THE CITY OF BOERNE, KENDALL COUNTY, TEXAS AND BEING A PORTION OF THAT CALLED 313.40 ACRE TRACT OF LAND AS CONVEYED TO BALOUS MILLER AND RECORDED IN VOLUME 411, PAGE 499 IN THE OFFICIAL RECORDS OF KENDALL COUNTY, TEXAS. (Bu-cee’s) City of Boerne Page 8 City Council Official Meeting Minutes November 24, 2020 No action was taken. B. 2020-676 SECTION 551.074 - PERSONNEL MATTERS: RELATED TO THE CITY ATTORNEY’S ANNUAL EVALUATION. No action was taken. 13. 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 7:56 p.m. A. 2020-669 CONSIDER RESOLUTION NO. 2020-R101; A RESOLUTION AUTHORIZING THE CITY MANAGER TO PURCHASE A 15-FOOT WIDE SANITARY SEWER EASEMENT LOCATED IN THE JOHN SMALL SURVEY NO. 183, ABSTRACT 441 IN THE CITY OF BOERNE, KENDALL COUNTY, TEXAS AND BEING A PORTION OF THAT CALLED 313.40 ACRE TRACT OF LAND AS CONVEYED TO BALOUS MILLER AND RECORDED IN VOLUME 411, PAGE 499 IN THE OFFICIAL RECORDS OF KENDALL COUNTY, TEXAS. (0.1875 of an acre tract for the Suggs Creek Sewer Main to serve Bu-cee’s site) Mayor Handren asked Mr. Thompson, Deputy City Manager to provide a quick overview of the item to purchase a 15-foot wide sanitary sewer easement to serve Buc-ee's. A MOTION WAS MADE BY COUNCIL MEMBER MACALUSO, SECONDED BY COUNCIL MEMBER WOLOSIN, TO APPROVE RESOLUTION NO. 2020-R101; A RESOLUTION AUTHORIZING THE CITY MANAGER TO PURCHASE A 15-FOOT WIDE SANITARY SEWER EASEMENT LOCATED IN THE JOHN SMALL SURVEY NO. 183, ABSTRACT 441 IN THE CITY OF BOERNE, KENDALL COUNTY, TEXAS AND BEING A PORTION OF THAT CALLED 313.40 ACRE TRACT OF LAND AS CONVEYED TO BALOUS MILLER AND RECORDED IN VOLUME 411, PAGE 499 IN THE OFFICIAL RECORDS OF KENDALL COUNTY, TEXAS IN AN AMOUNT NOT TO EXCEED $40,735.00. (0.1875 OF AN ACRE TRACT FOR THE SUGGS CREEK SEWER MAIN TO SERVE BU-CEE’S SITE). THE MOTION CARRIED BY THE FOLLOWING VOTE: City of Boerne Page 9 City Council Official Meeting Minutes November 24, 2020 Yeah: 4 - Council Member Wolosin, Council Member Scott, Council Member Boddie, and Council Member Macaluso Absent: 1 - Mayor Pro Tem Woolard 14. ADJOURNMENT Mayor Handren adjourned the City Council meeting at 8:00 p.m. Approved: ___________________________ Mayor Attest: ___________________________ City Secretary City of Boerne Page 10