City Council

MINUTES REGULAR CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 447 North Main Street Boerne, TX 78006 March 23, 2021 – 6:00 PM Minutes of the Regular Called City Council meeting of March 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 VIRTUALLY: 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, LORI CARROLL, LAURA HANING, NICK MONTAGNO, BARBARA QUIRK, MIKE RAUTE, AND JEFF THOMPSON. KELLY SKOVBJERG, CHRIS SHADROCK, JEFF CARROLL, AND MIKE MANN ATTENDED VIRTUALLY. RECOGNIZED GUESTS VIRTUALLY: DENISE DEVER, JOE H. SYDNEY RESTON, CHARLES RIDDLE, ERIC CATE, C F JEB WAIT, HUDSON BEATON, JOHN WOLTERS, BEN ELDREDGE, LAURA BRAY, CHRISTINA RYHOLM, LUCAS HILER, TONI LOTT, AND BRITA VAN HORNE. 1. CALL TO ORDER – 6:00 PM Mayor Handren called the City Council meeting to order at 6:00 p.m. 2. CONFLICTS OF INTEREST No conflicts were declared. 3. 2021-280 PUBLIC COMMENTS: This is the opportunity for visitors and guests to address the City Council on any issue, in compliance City of Boerne Page 1 City Council Official Meeting Minutes March 23, 2021 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) Mayor Handren read written comments from Bob Vollmer, 524 North School Street regarding the Unified Development Code (UDC). Denise Dever, 53 Silent Spring stated that she felt that county residents have not recently attended the City Council meetings because they like what is going on. The UDC allows for more responsible development. City Staff has worked hard and the citizens have had an opportunity for input. She asked the City Council to not de-rail the UDC. Lucas Hiler, 607 School Street introduced himself in regards to the approved Consent Agenda item which appointed him to the Planning and Zoning Commission. Toni Lott stated that she lives in the city's ETJ. Staff has done a good job with being transparent and communicating information regarding the UDC. She suggested expediting the effective date of the UDC. 4. CONSENT AGENDA: A. 2021-265 CONSIDER APPROVAL OF THE MINUTES OF THE REGULAR CITY COUNCIL MEETING ON MARCH 9, 2021. THE MINUTES WERE APPROVED. B. 2021-266 CONSIDER ON SECOND READING ORDINANCE NO. 2021-14; AN ORDINANCE ESTABLISHING SPEED LIMITS ON PORTIONS OF RANGER CREEK ROAD, UPPER BALCONES ROAD, EAST SHOOTING CLUB ROAD, OLD SAN ANTONIO ROAD, AND CASCADE CAVERNS ROAD; AND PROVIDING FOR A PENALTY NOT TO EXCEED $200 FOR EACH VIOLATION OF THIS ORDINANCE. (Establish speed limits on newly annexed roads) THE ORDINANCE WAS APPROVED. City of Boerne Page 2 City Council Official Meeting Minutes March 23, 2021 C. 2021-277 CONSIDER RESOLUTION NO. 2021-R10; A RESOLUTION OF THE CITY COUNCIL OF BOERNE, TEXAS, AUTHORIZING AND APPROVING AN AMENDMENT TO THE BYLAWS OF THE BOERNE PUBLIC FACILITY CORPORATION; AND RESOLVING OTHER MATTERS IN CONNECTION THEREWITH. (Adding two advisory director positions and an assistant treasurer.) THE RESOLUTION WAS APPROVED. D. 2021-278 CONSIDER A MAYORAL APPOINTMENT TO THE PLANNING AND ZONING COMMISSION. THE MAYORAL APPOINTMENT WAS APPROVED. A MOTION WAS MADE BY COUNCIL MEMBER WOLOSIN, SECONDED BY COUNCIL MEMBER BODDIE, 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. RESOLUTIONS A. 2021-276 CONSIDER RESOLUTION NO. 2021-R11; A RESOLUTION AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION TO THE ALAMO AREA METROPOLITAN PLANNING ORGANIZATION (AAMPO) FOR PROJECTS TO BE INCLUDED IN THE FY 2023-2026 TRANSPORTATION IMPROVEMENT PROGRAM (TIP). Mayor Handren called on Mr. Jeff Carroll, Development Services Director. Mr. Carroll referenced the previous City Council discussion recommending an Alamo Area Metropolitan Planning Organization (AAMPO) project. He displayed a proposed schematic for Cascade Caverns Road to include bike lanes and a pedestrian sidewalk. The proposal will include a traffic signal at the school intersection. The consultant estimated the cost of the project to be $9.4 million. Mr. Carroll reminded the City Council that the AAMPO funding is only for construction costs. There could be an additional need for funds for easement acquisitions, etc. City of Boerne Page 3 City Council Official Meeting Minutes March 23, 2021 A MOTION WAS MADE BY COUNCIL MEMBER BODDIE, SECONDED BY COUNCIL MEMBER MACALUSO, TO APPROVE RESOLUTION NO. 2021-R11; A RESOLUTION AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION TO THE ALAMO AREA METROPOLITAN PLANNING ORGANIZATION (AAMPO) FOR PROJECTS TO BE INCLUDED IN THE FY 2023-2026 TRANSPORTATION IMPROVEMENT PROGRAM (TIP). 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. 2021-272 RECEIVE AND CONSIDER A REQUEST FROM KIDGUTZ HOLDINGS, LLC. FOR A VARIANCE TO THE SIGN ORDINANCE, SECTION 10. RESTRICTIONS ON CERTAIN TYPES OF SIGNS, E. CANOPY ROOF SIGNS, SIZE OF SIGN. (128 W Bandera Rd. Ste. 1, Boerne Quick Care for Sanavida Wellness) Mayor Handren called on Ms. Laura Haning, Planning and Community Development Director. Ms. Haning displayed a photo of the property which the sign under consideration is located. She stated there currently is a commercial complex sign located on the property. The square footage of the requested sign did not change only the location, moving the sign from the awning to the canopy changes the category. A MOTION WAS MADE BY MAYOR PRO TEM WOOLARD, SECONDED BY COUNCIL MEMBER WOLOSIN, TO DENY THE REQUEST FROM KIDGUTZ HOLDINGS, LLC. FOR A VARIANCE TO THE SIGN ORDINANCE, SECTION 10. RESTRICTIONS ON CERTAIN TYPES OF SIGNS, E. CANOPY ROOF SIGNS, SIZE OF SIGN. (128 W BANDERA RD. STE. 1, BOERNE QUICK CARE FOR SANAVIDA WELLNESS). THE MOTION CARRIED BY THE FOLLOWING VOTE: City of Boerne Page 4 City Council Official Meeting Minutes March 23, 2021 Yeah: 4 - Council Member Wolosin, Mayor Pro Tem Woolard, Council Member Boddie, and Council Member Macaluso Nay: 1 - Council Member Scott B. 2021-274 RECEIVE AND CONSIDER A REQUEST FROM KIDGUTZ HOLDINGS LLC FOR A VARIANCE TO THE SIGN ORDINANCE, SECTION 10. RESTRICTIONS ON CERTAIN TYPES OF SIGNS, E. CANOPY ROOF SIGNS, SIZE OF SIGN. (128 W Bandera Rd. Ste. 3, Bayless Insurance) Mayor Handren called on Ms. Laura Haning, Planning and Community Development Director. Ms. Haning displayed a photo of the property which the sign under consideration is located. She stated there currently is a commercial complex sign located on the property. The square footage of the requested sign did not change only the location, moving the sign from the awning to the canopy changes the category. A MOTION WAS MADE BY MAYOR PRO TEM WOOLARD, SECONDED BY COUNCIL MEMBER WOLOSIN, TO DENY THE REQUEST FROM KIDGUTZ HOLDINGS, LLC. FOR A VARIANCE TO THE SIGN ORDINANCE, SECTION 10. RESTRICTIONS ON CERTAIN TYPES OF SIGNS, E. CANOPY ROOF SIGNS, SIZE OF SIGN. (128 W. BANDERA RD. STE. 3, BAYLESS INSURANCE) THE MOTION CARRIED BY THE FOLLOWING VOTE: Yeah: 4 - Council Member Wolosin, Mayor Pro Tem Woolard, Council Member Boddie, and Council Member Macaluso Nay: 1 - Council Member Scott C. 2021-275 RECEIVE AND CONSIDER A REQUEST FROM KIDGUTZ HOLDINGS LLC. FOR A VARIANCE TO THE SIGN ORDINANCE, SECTION 10. RESTRICTIONS ON CERTAIN TYPES OF SIGNS, E. CANOPY ROOF SIGNS, SIZE OF SIGN. (128 W Bandera Rd. Ste. 4, MRI Now) Mayor Handren called on Ms. Laura Haning, Planning and Community Development Director. Ms. Haning displayed a photo of the property which the sign under consideration is located. She stated there currently is a commercial complex sign located on the property. The square footage of the requested sign did not change only the location, moving the sign from the awning to the canopy changes the category. City of Boerne Page 5 City Council Official Meeting Minutes March 23, 2021 A MOTION WAS MADE BY MAYOR PRO TEM WOOLARD, SECONDED BY COUNCIL MEMBER WOLOSIN, TO DENY THE REQUEST FROM KIDGUTZ HOLDINGS, LLC. FOR A VARIANCE TO THE SIGN ORDINANCE, SECTION 10. RESTRICTIONS ON CERTAIN TYPES OF SIGNS, E. CANOPY ROOF SIGNS, SIZE OF SIGN. ( 128 W. BANDERA RD. STE 4, MRI NOW) THE MOTION CARRIED BY THE FOLLOWING VOTE: Yeah: 4 - Council Member Wolosin, Mayor Pro Tem Woolard, Council Member Boddie, and Council Member Macaluso Nay: 1 - Council Member Scott D. 2021-273 RECEIVE AND CONSIDER A REQUEST FROM CURREY CREEK BAPTIST CHURCH FOR A VARIANCE TO THE SIGN ORDINANCE, SECTION 10. RESTRICTIONS ON CERTAIN TYPES OF SIGNS, M. FREE STANDING SIGNS, ONLY ONE SIGN PERMITTED FOR A COMMERCIAL COMPLEX. (35 Cascade Caverns Road, Mas Alla de la Cruz, Eric Cate, Associate Pastor) Ms. Haning continued with request from Currey Creek Baptist Church. She stated that the proposed sign advertises a Spanish service at church. It is anticipated with the future road expansion, the sign will need to be moved. The ordinance allows only one sign on the property. The current sign is at the maximum size and can not add to the sign. A MOTION WAS MADE BY MAYOR PRO TEM WOOLARD, SECONDED BY COUNCIL MEMBER SCOTT, TO DENY THE REQUEST FROM CURREY CREEK BAPTIST CHURCH FOR A VARIANCE TO THE SIGN ORDINANCE, SECTION 10. RESTRICTIONS ON CERTAIN TYPES OF SIGNS, M. FREE STANDING SIGNS, ONLY ONE SIGN PERMITTED FOR A COMMERCIAL COMPLEX. (35 CASCADE CAVERNS ROAD, MAS ALLA DE LA CRUZ, ERIC CATE, ASSOCIATE PASTOR). 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. PRESENTATION City of Boerne Page 6 City Council Official Meeting Minutes March 23, 2021 A. 2021-282 2020 ACHIEVEMENT OF EXCELLENCE IN LIBRARIES AWARD PRESENTED TO PATRICK HEATH PUBLIC LIBRARY. (Skovbjerg) City Manager Ben Thatcher stated that the Patrick Heath Public Library has received the 2020 Achievement of Excellence in Libraries Award. The Library is in the top 10% of best practices for the whole state of Texas. Boerne is one of 56 libraries that received this designation. Ms. Kelly Skovbjerg, Library Director stated that running a library takes a village. We have great staff, tremendous volunteers, and community support. B. 2021-267 LEGISLATIVE UPDATE. (Quirk) City Attorney Barbara Quirk presented a brief update on the proposed legislative bills pertaining to municipalities. Ms. Quirk referenced the Texas Municipal League (TML) website which has up to date information on the proposed bills. C. 2021-268 MONTHLY PROJECT UPDATE. City Manager Thatcher presented an update on various city projects. 8. COMMENTS FROM COUNCIL – No discussion or action may take place. Council Member Wolosin stated that he received his first COVID vaccination. He expressed appreciation to the volunteers. Everything ran smoothly. Council Member Boddie stated that he rode along with the Rainbow Senior Center Meals on Wheels volunteers. He urged everyone to participate. Council Member Macaluso stated that beginning March 29, 2021, all adults will be eligible for the COVID vaccine. Mayor Pro Tem Woolard stated that she is scheduled to ride with a volunteer from Meals on Wheels on Friday. She encouraged anyone in community to give back. It brings joy to those served. Mayor Handren stated that he has gone to a few of the Vaccination Hubs. It is City of Boerne Page 7 City Council Official Meeting Minutes March 23, 2021 an amazing event and he continues to hear great things. This week, the City is partnering with My Urgent Care to vaccinate the homebound. He expressed appreciation to Staff. 9. EXECUTIVE SESSION IN ACCORDANCE WITH THE TEXAS GOVERNMENT CODE: A. 2021-283 SECTION 551.071 - CONSULTATION WITH CITY ATTORNEY REGARDING LEGAL MATTERS RELATED TO AMENDING THE UNIFIED DEVELOPMENT CODE AND THE ZONING MAP. Mayor Handren convened the City Council into Executive Session at 7:11 p.m. Discussion began at 7:13 p.m. and ended at 7:55 p.m. No action was taken. 10. RECONVENE INTO OPEN SESSION AND TAKE ANY NECESSARY ACTION RELATING TO THE EXECUTIVE SESSION AS DESCRIBED ABOVE. Mayor Handren reconvened the City Council into Open Session at 7:57 p.m. Mayor Handren suggested an agenda item on the next city council meeting to discuss the timing of UDC effective date. The council members were in agreement. 11. ADJOURNMENT Mayor Handren adjourned the City Council meeting at 7:58 p.m. Approved: _____________________________ Mayor Attest: _______________________________ City Secretary City of Boerne Page 8 City Council Official Meeting Minutes March 23, 2021 City of Boerne Page 9