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City Council

Regular Meeting

Boerne, TX · February 23, 2021

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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

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