City Council
Regular MeetingBoerne, TX · February 23, 2021
Minutes
MINUTES
REGULAR CITY COUNCIL MEETING
CITY COUNCIL CHAMBERS
447 North Main Street
Boerne, Texas, 78006
February 23, 2021 – 6:00 PM
Minutes of the Regular Called City Council Meeting of February 23, 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, Mike Mann, Barbara
Quick, Mike Raute, Laura Talley, Jeff Thompson, and Danny Zincke. Chris
Shadrock, Sandy Mattick, and Ray Hacker attended virtually.
Recognized Guests Virtually: Dave and Pam Luciani, Christina Ryholm, Jeb
Wait, Mike Schultz, Jason Hubbert, Cody Keller, Christine Jacobs, Michael Sosa,
Charlie Riddle, John Wolters, Josh Valenta, Tony Mangus, and Tom McCarthy.
1. CALL TO ORDER – 6:00 PM
Mayor Handren called the City Council to order at 6:00 p.m.
2. CONFLICTS OF INTEREST
No conflicts were declared.
Mayor Handren asked that comments relating to agenda item 7 be moved in
front of the Public Comments.
Mayor Handren called on City Manager Ben Thatcher. Mr. Thatcher stated that
city staff is responding to concerns regarding the UDC process. Last Thursday,
due to the weather, the Planning and Zoning Commission canceled the meeting
City of Boerne Page 1
City Council Official Meeting Minutes February 23, 2021
to discuss the list of uses. This item will be on Monday's Planning and Zoning
Commission agenda for consideration. Mr. Thatcher reviewed the process to
date for the UDC approval. He stated that a consultant was hired in February
2019 and since that time 11 Planning and Zoning Commission meetings were
held, there were 11 City Council meetings, 27 Steering Committee meetings,
city staff twice mailed post cards to every citizen in the city. There were online
surveys, and the Mayor discussed the UDC in the Mayor's Minute several times.
The city is not fast-forwarding this project as some have commented. A Special
Use permit is a tool that provides flexibility.
3. PUBLIC COMMENTS:
Dave Luciani - stated that the city did a great job last week during the weather
event. It is appreciated.
John Wolters - stated that he has lived in Boerne 20 years. The proposed
zoning changes could affect multiple properties to include properties he owns
on Plant Street and River Road.
Charlie Riddle - stated that he was speaking on behalf of multiple property
owners. He asked that City Council review the new use categories to compare
with current uses. It affects potential and future development of properties.
Now is the opportunity to pause specifically in "Use" categories to give
property owners the ability to speak to staff.
Tom McCarthy - stated that the City and Kendall County responded well to the
adverse weather and he appreciated what was done. He also stated that he
was a property owner of vacant land in Boerne which he purchased as an
investment. Several of his family members have had Covid. He asked that the
City Council pause the UDC during these Covid times.
Jeb Wait - stated that he owns property in Boerne that will be affected by the
proposed zoning from B2 to C2. He did not receive notice of the change. There
is no reason the UDC must be implemented by March 24. The proposed
changes are significant and take away Use rights. The city should look at what
San Antonio did when they adopted their new UDC in 2001. The city should
wait to the end of legislative session.
City of Boerne Page 2
City Council Official Meeting Minutes February 23, 2021
4. CONSENT AGENDA:
Council Member Wolosin asked that Consent Agenda K and L be pulled from
the Consent Agenda for separate consideration.
A. 2021-200 CONSIDER THE APPROVAL OF THE CITY COUNCIL MINUTES OF
FEBRUARY 9, 2021
THE MINUTES WERE APPROVED.
B. 2021-186 CONSIDER ON SECOND 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)
THE ORDINANCE WAS APPROVED.
C. 2021-187 CONSIDER ON SECOND READING ORDINANCE NO. 2021-02; 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. (Upper Balcones Road northern portion - from a point
City of Boerne Page 3
City Council Official Meeting Minutes February 23, 2021
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)
THE ORDINANCE WAS APPROVED.
D. 2021-188 CONSIDER ON SECOND 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)
THE ORDINANCE WAS APPROVED.
E. 2021-189 CONSIDER ON SECOND 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
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
City of Boerne Page 4
City Council Official Meeting Minutes February 23, 2021
southern direction approximately 685 feet., at the request of
Kendall County)
THE ORDINANCE WAS APPROVED.
F. 2021-190 CONSIDER ON SECOND 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)
THE ORDINANCE WAS APPROVED.
G. 2021-191 CONSIDER ON SECOND 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.
(Remove Sections relating to Municipal Court Building Fund and
Technology Fund now regulated by state law)
THE ORDINANCE WAS APPROVED.
H. 2021-192 CONSIDER ON SECOND 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
City of Boerne Page 5
City Council Official Meeting Minutes February 23, 2021
LOCATED AT 322 NORTH PLANT AVENUE (KAD NO. 19999) 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. (At the request of Victor
Sheely/ Source Texas, LLC)
THE ORDINANCE WAS APPROVED.
I. 2021-193 CONSIDER ON SECOND 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. (At the request of Alan Naul/J-B Boerne
Realty, LP)
THE ORDINANCE WAS APPROVED.
J. 2021-194 CONSIDER ON SECOND 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. (At the request of Alan Naul/ J-B Boerne Realty,
LP).
THE ORDINANCE WAS APPROVED.
M. 2021-206 RECEIVE AND CONSIDER CERTIFICATION OF UNOPPOSED
City of Boerne Page 6
City Council Official Meeting Minutes February 23, 2021
CANDIDATES FOR MAYOR AND COUNCIL MEMBER DISTRICTS 2
AND 4.
THE CERTIFICATE OF UNOPPOSED CANDIDATES WAS RECEIVED AND APPROVED.
N. 2021-207 CONSIDER AN ORDER OF CANCELLATION FOR THE GENERAL
ELECTION FOR MAYOR AND COUNCIL MEMBER DISTRICTS 2 AND
4.
THE ORDER WAS APPROVED.
O. 2021-198 CONSIDER RESOLUTION NO. 2021-R06; A RESOLUTION
AUTHORIZING THE CLOSURE OF A PORTION OF MAIN STREET
(HWY 87) DURING CERTAIN HOURS FOR THE TEXAS CORVETTE
ASSOCIATION SHOW AND AUTHORIZING THE MAYOR TO
EXECUTE AN AGREEMENT FOR THE TEMPORARY CLOSURE OF
STATE RIGHT-OF-WAY WITH THE TEXAS DEPARTMENT OF
TRANSPORTATION. (Close Main Street for the Corvette Show)
THE RESOLUTION WAS APPROVED.
A MOTION WAS MADE BY MAYOR PRO TEM WOOLARD, SECONDED BY COUNCIL
MEMBER WOLOSIN TO APPROVE THE CONSENT AGENDA AS PRESENTED WITH
THE EXCEPTION OF ITEMS K & L TO BE CONSIDERED SEPARATELY. THE MOTION
CARRIED BY THE FOLLOW VOTE.
Yeah: 5 - Council Member Wolosin, Mayor Pro Tem Woolard, Council
Member Scott, Council Member Boddie, and Council Member
Macaluso
K. 2021-203 CONSIDER A ONE-TIME READING OF ORDINANCE NO. 2021-10; 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 WOLOSIN, SECONDED BY MAYOR
PRO TEM WOOLARD, TO APPROVE A ONE-TIME READING OF ORDINANCE NO.
2021-10; 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 7
City Council Official Meeting Minutes February 23, 2021
Yeah: 5 - Council Member Wolosin, Mayor Pro Tem Woolard, Council
Member Scott, Council Member Boddie, and Council Member
Macaluso
L. 2021-196 CONSIDER ORDINANCE NO. 2021-10; AN ORDINANCE OF THE CITY
OF BOERNE, TEXAS, ADOPTING THE ENGINEERING DESIGN
MANUAL.
A MOTION WAS MADE BY COUNCIL MEMBER WOLOSIN, SECONDED BY COUNCIL
MEMBER BODDIE, TO APPROVE ORDINANCE NO. 2021-10; AN ORDINANCE OF
THE CITY OF BOERNE, TEXAS, ADOPTING THE ENGINEERING DESIGN MANUAL.
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. 2021-195 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 zoning.)
I. PRESENTATION
II. PUBLIC HEARING
III. CONSIDER ON FIRST READING ORDINANCE NO. 2021-11; 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 7.33 ACRES
LOCATED AT 134 GARDEN STREET (KAD NOS. 20006 AND 20007),
City of Boerne Page 8
City Council Official Meeting Minutes February 23, 2021
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; 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 location map of the property
under consideration. The original request from the property owner was that
the property be rezoned R-2. Ms. Haning stated that during the neighborhood
meeting which was well attended via zoom, several concerns were discussed.
The property owner decided to change his request to a RN-1 zoning. At the
initial Planning and Zoning Commission meeting when the rezoning was
discussed, the Planning and Zoning Commission decided on a split zoning for
the property. Since that meeting, the property owner expressed concerns with
the split zoning recommendation and asked the Commission to reconsider
their recommendation. The commission reconsidered the proposed zoning
and did change their recommendation to RN-1 for the entire site.
Mayor Handren opened the Public Hearing at 6:50 p.m.
Dave Luciani expressed appreciation for the guidance from staff and neighbors
to find what is best for the area.
Christine Jacobs expressed appreciation to the Planning and Community
Development department and to the Luciani's for listening to the neighbors.
Overall it was a great experience.
Cody Keller stated that he owns property at 159 and 163 Adler. There are
young families wanting to live in Boerne and attend Boerne schools. He really
likes what Mr. Luciani is proposing.
Mayor Handren closed the Public Hearing at 6:57 p.m.
City of Boerne Page 9
City Council Official Meeting Minutes February 23, 2021
A MOTION WAS MADE BY COUNCIL MEMBER WOLOSIN, SECONDED BY COUNCIL
MEMBER BODDIE, TO APPROVE ON FIRST READING ORDINANCE NO. 2021-11;
AMENDING ZONING ORDINANCE NO. 2007-64, BY AMENDING ARTICLE 3,
SECTION 14, REZONING 7.33 ACRES LOCATED AT 134 GARDEN STREET (KAD NOS.
20006 AND 20007), 119 AND 125 ADLER STREET (KAD NOS. 20009 AND 20010)
FROM R-1, MEDIUM-DENSITY SINGLE-FAMILY RESIDENTIAL DISTRICT TO RN-1,
NEIGHBORHOOD RESIDENTIAL DISTRICT. 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. 2021-199 CONSIDER RESOLUTION NO. 2021-R07; A RESOLUTION
AUTHORIZING THE CITY MANAGER TO ENTER INTO AND MANAGE
A MASTER EQUITY LEASE AGREEMENT BETWEEN THE CITY OF
BOERNE AND ENTERPRISE FM TRUST.
Mayor Handren called on Mr. Danny Zincke, Community Services Director. Mr.
Zincke explained the advantages of entering into a lease agreement with
Enterprise FM Trust.
A MOTION WAS MADE BY COUNCIL MEMBER MACALUSO, SECONDED BY
MAYOR PRO TEM WOOLARD, TO APPROVE RESOLUTION NO. 2021-R07; A
RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AND MANAGE
A MASTER EQUITY LEASE AGREEMENT BETWEEN THE CITY OF BOERNE AND
ENTERPRISE FM TRUST. 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. 2021-201 CONSIDER RESOLUTION NO. 2021-R08; A RESOLUTION
AUTHORIZING THE CITY MANAGER TO ENTER INTO AND MANAGE
A MAINTENANCE MANAGEMENT AGREEMENT AND FLEET RENTAL
AGREEMENT BETWEEN THE CITY OF BOERNE AND ENTERPRISE
FLEET MANAGEMENT, INC.
City of Boerne Page 10
City Council Official Meeting Minutes February 23, 2021
A MOTION WAS MADE BY COUNCIL MEMBER MACALUSO, SECONDED BY
MAYOR PRO TEM WOOLARD, TO APPROVE RESOLUTION NO. 2021-R08; A
RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AND MANAGE
MAINTENANCE MANAGEMENT AGREEMENT AND FLEET RENTAL AGREEMENT
BETWEEN THE CITY OF BOERNE AND ENTERPRISE FLEET MANAGEMENT, INC. AS
AMENDED. 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
C. 2021-202 CONSIDER RESOLUTION NO. 2021-R09; A RESOLUTION
AUTHORIZING THE CITY MANAGER TO ENTER INTO AND MANAGE
A MAINTENANCE AGREEMENT BETWEEN THE CITY OF BOERNE
AND ENTERPRISE FLEET MANAGEMENT, INC.
A MOTION WAS MADE BY COUNCIL MEMBER MACALUSO, SECONDED BY
MAYOR PRO TEM WOOLARD, TO APPROVE RESOLUTION NO. 2021-R09; A
RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AND MANAGE
MAINTENANCE AGREEMENT BETWEEN THE CITY OF BOERNE AND ENTERPRISE
FLEET MANAGEMENT, INC. AS AMENDED. 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. 2021-204 MONTHLY PROJECT UPDATE
Mayor Handren called on City Manager Ben Thatcher to provide an update on
various city projects.
Mr. Thatcher stated at the last COVID vaccination HUB on February 12, 2021 at
the Cana Ballroom, 12 people were vaccinated every five minutes, over 40
volunteers helped with the process. Since that time, Kendall County has
received 500 doses. Registration will begin tomorrow, February 24, 2021 for
another vaccination HUB on Friday, February 26 at the Cana Ballroom. Each
person needs to register individually. The state of Texas publishes that the
City of Boerne Page 11
City Council Official Meeting Minutes February 23, 2021
entity has been sent vaccines. The City will not make it public until the
vaccines are actually received. The City and Kendall County are working with
Kronkosky and the Comfort Senior Center to identify senior citizens that may
not have technology to register online. Mr. Thatcher provided an update on
the winter storm. He expressed his appreciation to city staff as well as the
collaboration and cooperation with Kendall County and the school district. He
urged the public to sign up on the city's website to receive notifications.
B. 2021-205 NEIGHBORHOOD ENGAGEMENT PROGRAM (Haning)
Ms. Laura Haning, Planning and Community Development Director explained
the Neighborhood Engagement Program, stating that there have been five
meetings so far. She explained the process. She asked for feedback from the
city council regarding naming the program, the process, and establishing a
committee. The program can be used in a number of ways to get community
involved, not just zoning.
8. COMMENTS FROM COUNCIL – No discussion or action may take place.
Council Member Wolosin expressed appreciation to staff for the new crosswalk
at Plant Street and Adler Street.
Council Member Boddie expressed appreciation to families and individuals
who went above and beyond last week during the storm.
Mayor Handren stated that he was on telephone calls with the city of San
Antonio, SAWS, and CPS. In light of what was happening in surrounding
communities, we are very fortunate to be in Boerne. We have aging
infrastructure that needs improvement. The Water Committee is planning for
the future. Mayor Handren expressed appreciation to the City Council for all
they do.
9. ADJOURNMENT
Mayor Handren adjourned the City Council meeting at 8:28 p.m.
City of Boerne Page 12
City Council Official Meeting Minutes February 23, 2021
Approved:
___________________________
Mayor
Attest:
___________________________
City Secretary
City of Boerne Page 13
Agenda
AGENDA
REGULAR CITY COUNCIL MEETING
CITY COUNCIL CHAMBERS
447 North Main Street
Boerne, Texas, 78006
February 23, 2021 – 6:00 PM
Due to the COVID-19 pandemic, this meeting is being held telephonically only as
allowed by the Governor of Texas during this public health emergency. Please do
not attend the meeting in person.
You may join the City Council Meeting:
Join Zoom Meeting by computer:
https://us02web.zoom.us/j/82558127530?
pwd=czZWOHZnZWZwRjI3RDNpZldTa0hWUT09
Meeting ID: 825 5812 7530
Passcode: 4471677
or dial by phone:
877 853 5247 US Toll-free
888 788 0099 US Toll-free
Meeting ID: 825 5812 7530
During the meeting, the City Council may meet in executive session, as to the
posted subject matter of this City Council meeting, under these exceptions of
Chapter 551 of the Texas Government Code; 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).
1. CALL TO ORDER – 6:00 PM
ROLL CALL
2. CONFLICTS OF INTEREST
3. 2021-208 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
City of Boerne Page 1 Printed on 2/19/2021
City Council Agenda February 23, 2021
this time. (attorney general opinion - JC-0169)
Attachments: Instructions
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.
A. 2021-200 CONSIDER THE APPROVAL OF THE CITY COUNCIL MINUTES OF
FEBRUARY 9, 2021
Attachments: Minutes.21.0209
B. 2021-186 CONSIDER ON SECOND 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)
Attachments: AIS-Ranger Creek Road Annexation
Ordinance No. 2021-01
Exhibit A. Ranger Creek Rd. Metes and Bounds
Exhibit B. Municipal Service Plan
Kendall County Letter - Request Annexation
Map Ranger Creek Road
C. 2021-187 CONSIDER ON SECOND READING ORDINANCE NO. 2021-02; 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 of Boerne Page 2 Printed on 2/19/2021
City Council Agenda February 23, 2021
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)
Attachments: AIS.Upper Balcones Roadway Annexation
Ordinance No. 2021-02
Exhibit A. Upper Balcones Metes and Bounds Tract 1
Exhibit A. Upper Balcones Metes and Bounds Tract 2
Exhibit B. Municipal Service Plan
Kendall County Letter - Request Annexation
Upper Balcones Road Map
D. 2021-188 CONSIDER ON SECOND 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)
Attachments: AIS- E Shooting Club Rd. Annexation
Ordinance No. 2021-03
Exhibit A. Shooting Club Metes and Bounds
Exhibit B. Municipal Service Plan
Kendall County Letter - Request Annexation
Shooting Club Rd. Annexation Map
City of Boerne Page 3 Printed on 2/19/2021
City Council Agenda February 23, 2021
E. 2021-189 CONSIDER ON SECOND 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 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)
Attachments: AIS. Old San Antonio Roadway Annexation
Ordinance No. 2021-04
Exhibit A. Old San Antonio Rd. Northern Metes and Bounds
Exhibit A. Old San Antonio Rd. southern portion Metes and Bounds
Exhibit B. Municipal Service Plan
Kendall County Letter - Request Annexation
Old San Antonio Rd. Annexation Map
F. 2021-190 CONSIDER ON SECOND 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)
City of Boerne Page 4 Printed on 2/19/2021
City Council Agenda February 23, 2021
Attachments: AIS. Cascade Caverns Rd. Annexation
Ordinance No. 2021-05
Exhibit A. Cascade Caverns Rd. Metes and Bounds
Exhibit B. Municipal Service Plan
Kendall County Letter - Request Annexation
Cascade Caverns Rd. Annexation Map
G. 2021-191 CONSIDER ON SECOND 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. (Remove Sections relating to Municipal Court Building
Fund and Technology Fund now regulated by state law)
Attachments: Municipal Court - Tech and Building Security Funds
Ordinance No. 2021-06
H. 2021-192 CONSIDER ON SECOND 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. 19999) 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. (At the request of
Victor Sheely/ Source Texas, LLC)
City of Boerne Page 5 Printed on 2/19/2021
City Council Agenda February 23, 2021
Attachments: Summary - 322 N. Plant Ave
Ordinance No. 2021-07
Att 1 - Location Map
Att 2 - Current Zoning
Att 3 - Proposed Zoning
Att 4 - FLU
Att 5 - Initial Site Exhibit
I. 2021-193 CONSIDER ON SECOND 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. (At the request of Alan Naul/J-B Boerne
Realty, LP)
Attachments: Summary - Old San Antonio - Feb 23, 2021
Ordinance No. 2021-08
Att 1 - Location Map
Att 2 - Current Zoning
Att 3 - Proposed Zoning
Att 4 - FLU
Att 5 - SoBo Regulating Plan
Att 6 - Commons At Menger Creek Master Development Plan - Approved Feb122018
Att 7 - Boerne Townhomes Plan 2.09.2021
Att 8 - Townhome - Garage Front
Att 9 - Townhome - Rear Entry
J. 2021-194 CONSIDER ON SECOND 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)
City of Boerne Page 6 Printed on 2/19/2021
City Council Agenda February 23, 2021
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. (At the request of Alan
Naul/ J-B Boerne Realty, LP).
Attachments: Summary - Old San Antonio PUD - Feb 23 2021
Ordinance No. 2021-09
Att 1 - Location Map
Att 2 - Current Zoning
Att 3 - Proposed Zoning
Att 4 - Commons At Menger Creek Master Development Plan - Approved Feb122018
Att 5 - SoBo Regulating Plan
Att 6 - Plan 2.09.2021
Att 7 - Townhome - Garage Front
Att 8 - Townhome - Rear Entry
Att 9 - Boerne_Gehan_Pictures
K. 2021-203 CONSIDER A ONE-TIME READING OF ORDINANCE NO. 2021-10;
AS PERMITTED BY THE CITY OF BOERNE’S HOME RULE CHARTER
SECTION 3.11.A. (as described below)
L. 2021-196 CONSIDER ORDINANCE NO. 2021-10; AN ORDINANCE OF THE
CITY OF BOERNE, TEXAS, ADOPTING THE ENGINEERING DESIGN
MANUAL.
Attachments: Summary - EDM - Feb 2021
Ordinance No. 2021-10
Att 1 - Engineering Design Manual
M. 2021-206 RECEIVE AND CONSIDER CERTIFICATION OF UNOPPOSED
CANDIDATES FOR MAYOR AND COUNCIL MEMBER DISTRICTS 2
AND 4.
Attachments: AIS Unopposed Candidates
Certification of Unopposed Candidates
N. 2021-207 CONSIDER AN ORDER OF CANCELLATION FOR THE GENERAL
ELECTION FOR MAYOR AND COUNCIL MEMBER DISTRICTS 2 AND
4.
Attachments: AIS Order of Cancellation
Order of Cancellation
City of Boerne Page 7 Printed on 2/19/2021
City Council Agenda February 23, 2021
O. 2021-198 CONSIDER RESOLUTION NO. 2021-R06; A RESOLUTION
AUTHORIZING THE CLOSURE OF A PORTION OF MAIN STREET
(HWY 87) DURING CERTAIN HOURS FOR THE TEXAS CORVETTE
ASSOCIATION SHOW AND AUTHORIZING THE MAYOR TO
EXECUTE AN AGREEMENT FOR THE TEMPORARY CLOSURE OF
STATE RIGHT-OF-WAY WITH THE TEXAS DEPARTMENT OF
TRANSPORTATION. (Close Main Street for the Corvette Show)
Attachments: AIS Corvette 2021
Resolution No. 2021-R06
Detour Map- 2021
REGULAR AGENDA:
5. PUBLIC HEARINGS, PRESENTATIONS, AND ORDINANCES:
A. 2021-195 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 zoning.)
I. PRESENTATION
II. PUBLIC HEARING
III. CONSIDER ON FIRST READING ORDINANCE NO. 2021-11;
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 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; REPEALING
ALL ORDINANCES IN CONFLICT; CONTAINING A SEVERANCE
CLAUSE; AND DECLARING AN EFFECTIVE DATE.
City of Boerne Page 8 Printed on 2/19/2021
City Council Agenda February 23, 2021
Attachments: Summary - 134 Garden St - Feb. 23, 2021
Ordinance No. 2021-11
Att 1 - Location Map
Att 2 - Aerial Map
Att 3 - Current Zoning
Att 4 - Proposed RN-1
Att 5 - Future Land Use Map
Att 6 - Option A with divided zoning
Att 7 - Option B
6. RESOLUTIONS:
A. 2021-199 CONSIDER RESOLUTION NO. 2021-R07; A RESOLUTION
AUTHORIZING THE CITY MANAGER TO ENTER INTO AND
MANAGE A MASTER EQUITY LEASE AGREEMENT BETWEEN THE
CITY OF BOERNE AND ENTERPRISE FM TRUST.
Attachments: AIS Fleet Managment
Resolution No. 2021-R07
City of Boerne Fleet Synopsis 1.20.2021
Enterprise - City of Boerne Menu Pricing 1.13.2021
Final Enterprise Fleet Master Equity Lease Agreement
FINAL-GP3N - City of Boerne Addendum to Equity MLA - FM TRUST - 02.2021
B. 2021-201 CONSIDER RESOLUTION NO. 2021-R08; A RESOLUTION
AUTHORIZING THE CITY MANAGER TO ENTER INTO AND
MANAGE A MAINTENANCE MANAGEMENT AGREEMENT AND
FLEET RENTAL AGREEMENT BETWEEN THE CITY OF BOERNE AND
ENTERPRISE FLEET MANAGEMENT, INC.
Attachments: AIS Fleet Management
Resolution No. 2021-R08
Enterprise Fleet Maintenance Management Agreement
C. 2021-202 CONSIDER RESOLUTION NO. 2021-R09; A RESOLUTION
AUTHORIZING THE CITY MANAGER TO ENTER INTO AND
MANAGE A MAINTENANCE AGREEMENT BETWEEN THE CITY OF
BOERNE AND ENTERPRISE FLEET MANAGEMENT, INC.
City of Boerne Page 9 Printed on 2/19/2021
City Council Agenda February 23, 2021
Attachments: AIS Fleet Managment
Resolution No. 2021-R09
Final Maintenance Agreement
City of Boerne Addendum to Maintenance Agreement - 02.2021
7. CITY MANAGER'S REPORT:
A. 2021-204 MONTHLY PROJECT UPDATE
B. 2021-205 NEIGHBORHOOD ENGAGEMENT PROGRAM (Haning)
8. COMMENTS FROM COUNCIL – No discussion or action may take place.
9. ADJOURNMENT
CERTIFICATION
I hereby certify that the above notice of meeting was posted on the 19th day of
February, 2021 at 5:00 p.m.
_______________________________
s/s Lori A. Carroll
City Secretary
NOTICE OF ASSISTANCE AT THE PUBLIC MEETINGS
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 10 Printed on 2/19/2021
Get email alerts for Boerne
A daily email when new agendas and minutes are posted.