City Council

MINUTES REGULAR CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 447 North Main Street Boerne, TX 78006 February 9, 2021 – 6:00 PM Minutes of the Regular Called City Council Meeting of February 9, 2021. Due to the COVID-19 pandemic, this meeting was held telephonically only as allowed by the Governor of Texas during this public health emergency. 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 Staff Present: Ben Thatcher, Jeff Carroll, Lori Carroll, Nick Montagno, Sandy Mattick, Barbara Quirk, Mike Raute, Angie Rios, Laura Talley, and Jeff Thompson. Ray Hacker, Mike Mann, and Chris Shadrock attended virtually. Recognized Guests Virtually: Jason Brown, Zachary Taylor Wright, Christina Ryholm, Jan Couch, Josh Valenta, Alan Naul, John Wolters, Erika Jucknies Blythe, Ben Eldredge, and Jason Hubbert. 1. CALL TO ORDER – 6:00 PM Mayor Handren called the City Council meeting to order at 6:00 p.m. INVOCATION Mayor Handren asked Pastor Jason Brown to provide the invocation. 2. CONFLICTS OF INTEREST No conflicts were declared. City of Boerne Page 1 City Council Official Meeting Minutes February 9, 2021 3. 2021-162 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) Jan Couch expressed appreciation to those who were responsible for getting COVID vaccines to Boerne. She asked that special consideration be made for those who are home bound and don't have a computer or a smart phone. She expressed her willingness to volunteer for any community effort to help those that are homebound. Mayor Handren stated that the Kronkosky Center is working to help those that need assistance. 4. CONSENT AGENDA: A. 2021-167 CONSIDER APPROVAL OF THE MINUTES OF THE SPECIAL CALLED MEETING ON JANUARY 21, 2021 (JOINT UDC) AND REGULAR CITY COUNCIL MEETING ON JANUARY 26, 2021. B. 2021-180 CONSIDER ON FIRST READING ORDINANCE NO. 2021-01; AN ORDINANCE ANNEXING THE HEREINAFTER DESCRIBED TERRITORY INTO THE CITY OF BOERNE, KENDALL COUNTY, TEXAS AND EXTENDING THE BOUNDARY LIMITS OF SAID CITY SO AS TO INCLUDE SAID HEREINAFTER DESCRIBED PROPERTY WITHIN THE CITY LIMITS AND GRANTING TO SAID TERRITORY AND TO ALL FUTURE INHABITANTS OF SAID PROPERTY ALL OF THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BINDING SAID FUTURE INHABITANTS BY ALL OF THE ACTS AND ORDINANCES OF SAID CITY. (Ranger Creek Road - from the southwest corner of Boerne Water Treatment Plant parcel, approximately 5,890 feet west of IH 10, in a western direction approximately 4,630 feet to the southwest corner of Lake Country Subdivision, at the request of Kendall County) C. 2021-181 CONSIDER ON FIRST READING ORDINANCE NO. 2021-02; AN City of Boerne Page 2 City Council Official Meeting Minutes February 9, 2021 ORDINANCE ANNEXING THE HEREINAFTER DESCRIBED TERRITORY INTO THE CITY OF BOERNE, KENDALL COUNTY, TEXAS AND EXTENDING THE BOUNDARY LIMITS OF SAID CITY SO AS TO INCLUDE SAID HEREINAFTER DESCRIBED PROPERTY WITHIN THE CITY LIMITS AND GRANTING TO SAID TERRITORY AND TO ALL FUTURE INHABITANTS OF SAID PROPERTY ALL OF THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BINDING SAID FUTURE INHABITANTS BY ALL OF THE ACTS AND ORDINANCES OF SAID CITY. (Upper Balcones Road northern portion - from a point approximately 150 feet south of the intersection of Upper Balcones and Coughran Road, in a southern direction, approximately 820 feet., and Upper Balcones Road southern portion - from a point approximately 1,340 feet south of the intersection of Upper Balcones and Coughran Road, in a southern direction, approximately 1,420 feet., at the request of Kendall County) D. 2021-182 CONSIDER ON FIRST READING ORDINANCE NO. 2021-03; AN ORDINANCE ANNEXING THE HEREINAFTER DESCRIBED TERRITORY INTO THE CITY OF BOERNE, KENDALL COUNTY, TEXAS AND EXTENDING THE BOUNDARY LIMITS OF SAID CITY SO AS TO INCLUDE SAID HEREINAFTER DESCRIBED PROPERTY WITHIN THE CITY LIMITS AND GRANTING TO SAID TERRITORY AND TO ALL FUTURE INHABITANTS OF SAID PROPERTY ALL OF THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BINDING SAID FUTURE INHABITANTS BY ALL OF THE ACTS AND ORDINANCES OF SAID CITY. (E. Shooting Club Road - the portion east of Sisterdale Road (FM 1376)., at the request of Kendall County) E. 2021-183 CONSIDER ON FIRST READING ORDINANCE NO. 2021-04; AN ORDINANCE ANNEXING THE HEREINAFTER DESCRIBED TERRITORY INTO THE CITY OF BOERNE, KENDALL COUNTY, TEXAS AND EXTENDING THE BOUNDARY LIMITS OF SAID CITY SO AS TO INCLUDE SAID HEREINAFTER DESCRIBED PROPERTY WITHIN THE CITY LIMITS AND GRANTING TO SAID TERRITORY AND TO ALL FUTURE INHABITANTS OF SAID PROPERTY ALL OF THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BINDING SAID FUTURE City of Boerne Page 3 City Council Official Meeting Minutes February 9, 2021 INHABITANTS BY ALL OF THE ACTS AND ORDINANCES OF SAID CITY. (Old San Antonio Road northern portion - from a point approximately 2,710 feet south of the intersection of Old San Antonio Road and Herff Road, in a southern direction approximately 1,390 feet., and Old San Antonio Road southern portion - from a point approximately 390 feet north of the intersection of Old San Antonio Road and Industrial Drive, in a southern direction approximately 685 feet., at the request of Kendall County) F. 2021-184 CONSIDER ON FIRST READING ORDINANCE NO. 2021-05; AN ORDINANCE ANNEXING THE HEREINAFTER DESCRIBED TERRITORY INTO THE CITY OF BOERNE, KENDALL COUNTY, TEXAS AND EXTENDING THE BOUNDARY LIMITS OF SAID CITY SO AS TO INCLUDE SAID HEREINAFTER DESCRIBED PROPERTY WITHIN THE CITY LIMITS AND GRANTING TO SAID TERRITORY AND TO ALL FUTURE INHABITANTS OF SAID PROPERTY ALL OF THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BINDING SAID FUTURE INHABITANTS BY ALL OF THE ACTS AND ORDINANCES OF SAID CITY. (Cascade Cavern Road - from the intersection of Cascade Caverns Road and Old Fredericksburg Road, approximately 680 feet west., at the request of Kendall County) G. 2021-170 CONSIDER ON FIRST READING ORDINANCE NO. 2021-06; AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF BOERNE, CHAPTER 13. MUNICIPAL COURT, REPEALING SECTIONS 13.10 THROUGH 13.14, ADOPTED BY ORDINANCE NO. 95-16 ON NOVEMBER 28, 1995, AND SECTION 13.15, ADOPTED BY ORDINANCE NO. 99-17 ON SEPTEMBER 28, 1999, RELATING TO THE MUNICIPAL COURT BUILDING SECURITY FUND AND THE MUNICIPAL COURT TECHNOLOGY FUND, NOW REGULATED BY ARTICLES 102.017 AND 102.174 OF THE TEXAS CODE OF CRIMINAL PROCEDURE; AND RENUMBERING THE REMAINING SECTIONS. H. 2021-173 RECEIVE THE AMENDED RECOMMENDATION FROM THE PLANNING AND ZONING COMMISSION AND SET A PUBLIC HEARING FOR FEBRUARY 23, 2021: City of Boerne Page 4 City Council Official Meeting Minutes February 9, 2021 I. PROPOSED REZONING OF 7.33 ACRES LOCATED AT 134 GARDEN STREET (KAD NOS. 20006 AND 20007), 119 AND 125 ADLER STREET (KAD NO. 20009 AND 20010) FROM R-1, MEDIUM-DENSITY SINGLE-FAMILY RESIDENTIAL DISTRICT, TO RN-1, NEIGHBORHOOD RESIDENTIAL DISTRICT. (Greenway Cottage Builders, LLC/ Dave Luciani, applicants original request was for R-2, Moderate Density Residential District Zoning.) I. 2021-175 RECEIVE THE RECOMMENDATION FROM THE PLANNING AND ZONING COMMISSION: I. PROPOSED ADOPTION OF THE CITY OF BOERNE ENGINEERING DESIGN MANUAL. 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, PRESENTATIONS, AND ORDINANCES: A. 2021-169 PROPOSED ADOPTION OF THE REVISED CITY OF BOERNE ZONING MAP AND UNIFIED DEVELOPMENT CODE TEXT AMENDMENTS. I. PRESENTATION II. PUBLIC HEARING Mayor Handren called on Ms. Laura Haning, Planning and Community Development Director. Ms. Haning stated that she continues to receive comments from the public regarding commercial zoning. Discussion ensued regarding establishing a subcommittee to address the noise issues in certain zoning districts. Planning and Zoning Chairman Bannwolf has appointed Commissioner Bill Bird and Commissioner Chesney Dunning to the City of Boerne Page 5 City Council Official Meeting Minutes February 9, 2021 subcommittee. Mayor appointed Council Member Boddie and Council Member Scott to represent the City Council. Discussion ensued regarding overlays, rational for moving a neighborhood grocery store from permitted to special use, short-term rentals, and protection of water ways. Mayor Handren opened the Public Hearing at 6:45 p.m. No comments were received. Mayor Handren closed the Public Hearing at 6:45 p.m. B. 2021-176 PUBLIC HEARING ON THE PROPOSED REZONING OF 5.53 ACRES LOCATED AT 134 GARDEN STREET (KAD NOS. 20006 AND 20007) FROM R-1, MEDIUM-DENSITY SINGLE-FAMILY RESIDENTIAL DISTRICT, TO RN-1, NEIGHBORHOOD RESIDENTIAL DISTRICT AND LEAVING THE R-1 ZONING FOR 1.8 ACRES LOCATED AT 119 AND 125 ADLER STREET (KAD NOS. 20009 AND 20010) AND A SMALL NORTHWEST PORTION OF 134 GARDEN STREET. (Total project of 7.33 acres - Greenway Cottage Builders, LLC/ Dave Luciani, Property Owner Requested R-2 Zoning. THE PLANNING AND ZONING COMMISSION HAS AMENDED THEIR RECOMMENDATION AND A NEW PUBLIC HEARING WILL BE HELD ON FEBRUARY 23, 2021) Mayor Handren opened the Public Hearing at 6:46 p.m. No comments were received. Mayor Handren closed the Public Hearing at 6:46 p.m. C. 2021-177 PROPOSED REZONING OF 3.57 ACRES LOCATED AT 322 NORTH PLANT AVENUE (KAD NO. 1999) FROM R-1, MEDIUM-DENSITY SINGLE-FAMILY RESIDENTIAL DISTRICT, TO R-2, MODERATE DENSITY RESIDENTIAL DISTRICT. (At the request of Victor Sheely/ Source Texas, LLC) City of Boerne Page 6 City Council Official Meeting Minutes February 9, 2021 I. PRESENTATION II. PUBLIC HEARING III. CONSIDER ON FIRST READING ORDINANCE NO. 2021-07; 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 3.57 ACRES LOCATED AT 322 NORTH PLANT AVENUE (KAD NO. 1999) FROM R-1, MEDIUM-DENSITY SINGLE-FAMILY RESIDENTIAL DISTRICT, TO R-2, MODERATE DENSITY RESIDENTIAL DISTRICT; REPEALING ALL ORDINANCES IN CONFLICT; CONTAINING A SEVERANCE CLAUSE; AND DECLARING AN EFFECTIVE DATE. Mayor Handren called on Ms. Laura Haning, Planning and Community Development Director. Ms. Haning displayed a map of the property located at 322 North Plant Avenue and discussed the proposed development for the property. The original request from the developer was to rezone the property R-3, medium-density residential district. The Planning and Zoning Commission recommended a R-2, moderate density residential district. Mayor Handren opened the Public Hearing at 6:58 p.m. No comments were received. Mayor Handren closed the Public Hearing at 6:59 p.m. City of Boerne Page 7 City Council Official Meeting Minutes February 9, 2021 A MOTION WAS MADE BY COUNCIL MEMBER WOLOSIN, SECONDED BY MAYOR PRO TEM WOOLARD, TO APPROVE ON FIRST READING ORDINANCE NO. 2021-07; 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 3.57 ACRES LOCATED AT 322 NORTH PLANT AVENUE (KAD NO. 1999) FROM R-1, MEDIUM-DENSITY SINGLE-FAMILY RESIDENTIAL DISTRICT, TO R-2, MODERATE DENSITY RESIDENTIAL DISTRICT; REPEALING ALL ORDINANCES IN CONFLICT; CONTAINING A SEVERANCE CLAUSE; AND DECLARING AN EFFECTIVE DATE. 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 D. 2021-178 PROPOSED REZONING OF 6.479 ACRES LOCATED IN THE COMMONS AT MENGER CREEK ON OLD SAN ANTONIO ROAD (KAD NO. 300529) FROM B-2, HIGHWAY COMMERCIAL DISTRICT TO R-2, MODERATE-DENSITY RESIDENTIAL DISTRICT. (At the request of Alan Naul/J-B Boerne Realty, LP) I. PRESENTATION II. PUBLIC HEARING (One of one hearing) III. CONSIDER ON FIRST READING ORDINANCE NO. 2021-08; 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 6.479 ACRES LOCATED IN THE COMMONS AT MENGER CREEK ON OLD SAN ANTONIO ROAD (KAD NO. 300529) FROM B-2, HIGHWAY COMMERCIAL DISTRICT, TO R-2, MODERATE-DENSITY RESIDENTIAL DISTRICT; REPEALING ALL ORDINANCES IN CONFLICT; CONTAINING A SEVERANCE CLAUSE; AND DECLARING AN EFFECTIVE DATE. Ms. Haning continued with the rezoning consideration of the property located City of Boerne Page 8 City Council Official Meeting Minutes February 9, 2021 on Old San Antonio Road. She displayed a location map as well as a proposed site plan. She stated that along with the rezoning request, the developer has also requested that a Planned Unit Development (PUD) be applied to the referenced property. Mayor Handren opened the Public Hearing at 7:26 p.m. No comments were received. Mayor Handren closed the Public Hearing at 7:27 p.m. A MOTION WAS MADE BY COUNCIL MEMBER MACALUSO, SECONDED BY COUNCIL MEMBER WOLOSIN, TO APPROVE ON FIRST READING ORDINANCE NO. 2021-08; 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 6.479 ACRES LOCATED IN THE COMMONS AT MENGER CREEK ON OLD SAN ANTONIO ROAD (KAD NO. 300529) FROM B-2, HIGHWAY COMMERCIAL DISTRICT, TO R-2, MODERATE-DENSITY RESIDENTIAL DISTRICT; REPEALING ALL ORDINANCES IN CONFLICT; CONTAINING A SEVERANCE CLAUSE; AND DECLARING AN EFFECTIVE DATE. 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 E. 2021-179 PROPOSED PLANNED UNIT DEVELOPMENT (PUD) PLAN, FOR 6.479 ACRES LOCATED IN THE COMMONS AT MENGER CREEK ON OLD SAN ANTONIO ROAD (KAD NO. 300529) (At the request of Alan Naul/ J-B Boerne Realty, LP). I. PRESENTATION II. PUBLIC HEARING (One of one hearing) III. CONSIDER ON FIRST READING ORDINANCE NO. 2021-09; AN City of Boerne Page 9 City Council Official Meeting Minutes February 9, 2021 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, APPLYING A PLANNED UNIT DEVELOPMENT (PUD) PLAN OVERLAY DISTRICT DESIGNATION TO THE INDIVIDUAL PROPERTY (6.479 ACRES) LOCATED IN THE COMMONS AT MENGER CREEK ON OLD SAN ANTONIO ROAD (KAD NO. 300529); REPEALING ALL ORDINANCES IN CONFLICT; CONTAINING A SEVERANCE CLAUSE; AND DECLARING AN EFFECTIVE DATE. Mayor Handren opened the Public Hearing at 7:28 p.m. Erika Blythe of Gehan Homes stated that the model home shown is a modern hill country home used in Austin, but they will be able to add stone and cedar to fit the area. Mayor Handren closed the Public Hearing at 7:30 p.m. A MOTION WAS MADE BY COUNCIL MEMBER MACALUSO, SECONDED BY COUNCIL MEMBER BODDIE, TO APPROVE ON FIRST READING ORDINANCE NO. 2021-09; 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, APPLYING A PLANNED UNIT DEVELOPMENT (PUD) PLAN OVERLAY DISTRICT DESIGNATION TO THE INDIVIDUAL PROPERTY (6.479 ACRES) LOCATED IN THE COMMONS AT MENGER CREEK ON OLD SAN ANTONIO ROAD (KAD NO. 300529); REPEALING ALL ORDINANCES IN CONFLICT; CONTAINING A SEVERANCE CLAUSE; AND DECLARING AN EFFECTIVE DATE. 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. OTHER ITEMS: A. 2021-174 PRESENTATION TO DISCUSS PROPOSED ROADWAY PROJECTS FOR City of Boerne Page 10 City Council Official Meeting Minutes February 9, 2021 THE ALAMO AREA METROPOLITAN PLANNING ORGANIZATION (AAMPO) CALL FOR PROJECTS AND PROVIDE DIRECTION REGARDING PROJECT SUBMISSION. Mayor Handren called on Mr. Jeff Carroll, Development Services. Mr. Carroll stated that the Alamo Area Metropolitan Planning Organization (AAMPO) has called for projects. He reviewed the four projects brought forward by the Transportation Committee that are located in the city limits. Discussion ensued regarding the various locations. Mr. Carroll stated that a Resolution will be presented to Council in March for consideration. B. 2021-171 RECEIVE AND APPROVE THE FIRST QUARTER FINANCIAL AND INVESTMENT REPORT FOR FISCAL YEAR 2021. Mayor Handren called on Ms. Angie Rios, Assistant Finance Director to review the first quarter financial and investment reports. A MOTION WAS MADE BY MAYOR PRO TEM WOOLARD, SECONDED BY COUNCIL MEMBER BODDIE, TO RECEIVE AND APPROVE THE FIRST QUARTER FINANCIAL AND INVESTMENT REPORT FOR FISCAL YEAR 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 7. CITY MANAGER’S REPORT: A. 2021-172 LEGISLATIVE SESSION UPDATE (Quirk) Mayor Handren called on City Manager Ben Thatcher. Mr. Thatcher asked Ms. Barbara Quirk, City Attorney to review current Bills proposed at the legislature regarding city authority. Ms. Quirk stated that March 12th is the filing deadline. City Manager Thatcher provided an update regarding the registration for the Vaccine HUB to take place tomorrow, February 10th. The registration will take City of Boerne Page 11 City Council Official Meeting Minutes February 9, 2021 place at 9:00 a.m. Mr. Thatcher expressed appreciation to St. Peter's Catholic Church for providing the location for Vaccination HUB which will take place on Friday, February 12th as well as the city and county employees for helping to make it happen. 8. COMMENTS FROM COUNCIL – No discussion or action may take place. Mayor Handren stated that the Water Committee has had impactful meetings. They are currently working on a survey that will go out to the community in the near future. 9. EXECUTIVE SESSION IN ACCORDANCE WITH THE TEXAS GOVERNMENT CODE: A. 2021-168 SECTION 551.072 – TO DELIBERATE MATTERS RELATED TO THE VALUE OF REAL PROERTY LOCATED AT 400 AND 402 E. BLANCO ROAD AND SECTION 551.071 – TO CONSULT WITH THE CITY’S ATTORNEY ON LEGAL MATTERS RELATED TO THE LISTING AGREEMENT FOR THE PROPERTY. Mayor Handren convened the City Council into Executive Session at 8:28 p.m. Discussion began at 8:33 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 9:04 p.m. No action was taken. 11. ADJOURNMENT Mayor Handren adjourned the City Council at 9:05 p.m. City of Boerne Page 12 City Council Official Meeting Minutes February 9, 2021 Approved: ___________________________ Mayor Attest: _______________________________ City Secretary City of Boerne Page 13