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City Council

Regular Meeting

Boerne, TX · April 27, 2021

AgendaMinutes

Minutes

MINUTES REGULAR CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 447 North Main Street Boerne, TX 78006 April 27, 2021 – 6:00 PM Minutes of the regular called City Council meeting of April 27, 2021. Present: 5- Council Member Ty Wolosin, Mayor Pro Tem Nina Woolard, Council Member Quinten Scott, Council Member Bryce Boddie, and Council Member Joseph Macaluso Absent: 1- Mayor Tim Handren Staff Present: Ben Thatcher, Siria Arreola, Paul Barwick, Pam Bransford, Lori Carroll, Mike Mann, Sandy Mattick, Nick Montagno, Barbara Quirk, Mike Raute, Chris Shadrock, Jeff Thompson, and Danny Zincke. Recognized / Registered Guests: Laura Bray and Amy Story 1. CALL TO ORDER – 6:00 PM Mayor Pro Tem Woolard called the City Council to order at 6:00 p.m. Mayor Pro Tem Woolard asked for a Moment of Silence and led the Pledge of Allegiance to the United States Flag and the Texas Flag. 2. CONFLICTS OF INTEREST No conflicts were declared. 3. PUBLIC COMMENTS: No comments were received. 4. CONSENT AGENDA: City of Boerne Page 1 City Council Official Meeting Minutes April 27, 2021 A. 2021-390 CONSIDER APPROVAL OF THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF APRIL 13, 2021. THE MINUTES WERE APPROVED. B. 2021-380 CONSIDER ON SECOND READING ORDINANCE NO. 2021-15; AN ORDINANCE AMENDING ORDINANCE NO. 2020-21, CAPTIONED “AN ORDINANCE ADOPTING THE ANNUAL CAPITAL AND OPERATING BUDGETS FOR THE CITY OF BOERNE, TEXAS FOR THE FISCAL YEAR 2020-2021, BEGINNING OCTOBER 1, 2020 AND ENDING SEPTEMBER 30, 2021”; AND AUTHORIZING THE CITY MANAGER TO TRANSFER PART OR ALL OF ANY ENCUMBERED APPROPRIATION BALANCE AMONG PROGRAMS, WITHIN A FUND DEPARTMENT, OFFICE, OR AGENCY AT ANY TIME DURING THE FISCAL YEAR. (Budget amendments) Council Member Macaluso asked about the distribution of the revenues noted in the amendments. THE ORDINANCE WAS APPROVED. A MOTION WAS MADE BY COUNCIL MEMBER WOLOSIN, SECONDED BY COUNCIL MEMBER SCOTT 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 Absent: 1 - Mayor Handren REGULAR AGENDA 5. RESOLUTIONS: A. 2021-383 CONSIDER THE UN-TABLING OF RESOLUTION NO. 2021-R16, AS DESCRIBED BELOW. (Tabled on 4/13/21) City of Boerne Page 2 City Council Official Meeting Minutes April 27, 2021 A MOTION WAS MADE BY COUNCIL MEMBER SCOTT, SECONDED BY COUNCIL MEMBER WOLOSIN, TO APPROVE THE UN-TABLING OF RESOLUTION NO. 2021-R16, AS DESCRIBED BELOW. (TABLED ON 4/13/21). 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 Absent: 1 - Mayor Handren B. 2021-382 CONSIDER RESOLUTION NO. 2021-R16; A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AND MANAGE A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF BOERNE AND LUCK DESIGN TEAM, LLC FOR WATERWORKS TERRACE PARK AND SPLASH PAD PROJECT FOR AN AMOUNT NOT TO EXCEED $47,800.00. Mayor Pro Tem Woolard called on Community Services Director Danny Zincke. Mr. Zincke reminded the City Council of their direction given to staff to amend the scope of the project at the previous City Council meeting. Discussion ensued regarding Phase I being just a feasibility agreement to include a couple of different options for the project. A MOTION WAS MADE BY COUNCIL MEMBER SCOTT, SECONDED BY COUNCIL MEMBER WOLOSIN, TO APPROVE RESOLUTION NO. 2021-R16; A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AND MANAGE A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF BOERNE AND LUCK DESIGN TEAM, LLC FOR WATERWORKS TERRACE PARK AND SPLASH PAD PROJECT FOR AN AMOUNT NOT TO EXCEED $47,800.00. 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 Absent: 1 - Mayor Handren City of Boerne Page 3 City Council Official Meeting Minutes April 27, 2021 6. OTHER ITEMS: A. 2021-379 RECEIVE AND APPROVE THE SECOND QUARTER FINANCIAL AND INVESTMENT REPORT FOR FISCAL YEAR 2021. Mayor Pro Tem Woolard called on Ms. Sandy Mattick, Finance Director. Ms. Mattick reviewed the second quarter financial and investment report. She discussed the effects from the winter weather event. The City did not pass on the additional expense the city incurred to the customers. Deputy City Manager Jeff Thompson stated that the existing power supply and gas supply agreements serviced the city well during the winter storm. Discussion ensued regarding sales tax revenue from online sales. A MOTION WAS MADE BY COUNCIL MEMBER MACALUSO, SECONDED BY COUNCIL MEMBER WOLOSIN, TO RECEIVE AND APPROVE THE SECOND 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 Absent: 1 - Mayor Handren 7. CITY MANAGER’S REPORT: A. 2021-384 MONTHLY PROJECT UPDATE Mayor Pro Tem Woolard called on City Manager Ben Thatcher. Mr. Thatcher provided an update on various City projects. B. 2021-389 NEW CITY NEWS INITIATIVE (Shadrock) City Manager Thatcher asked Mr. Chris Shadrock, Communications Manager to provide information on the City's news initiative which has been launched on the city's website. Mr. Shadrock displayed the new Boerne News webpage. City of Boerne Page 4 City Council Official Meeting Minutes April 27, 2021 C. 2021-385 LEGISLATIVE UPDATE (Quirk) City Manager Thatcher asked Ms. Barbara Quirk, City Attorney to provide a legislative update. She stated that the legislative session ends May 31, 2021. Discussion ensued regarding status of various bills. D. 2021-386 UPDATE ON IMPACTS OF WINTER STORM (Thompson) The update on the impacts of the winter storm were discussed during the presentation of the quarterly financial reports. 8. COMMENTS FROM COUNCIL – No discussion or action may take place. Council Member Wolosin expressed congratulations to the Boerne soccer team who won the State Championship and to everyone in the school system. Council Member Boddie stated that the Transportation Committee meetings have started up again since being delayed due to the pandemic. 9. EXECUTIVE SESSION IN ACCORDANCE WITH THE TEXAS GOVERNMENT CODE: Mayor Pro Tem Woolard convened the City Council into Executive Session at 6:56 p.m. A. 2021-387 SECTION 551.087 - DELIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS WITH DSL HOLDINGS, LLC. Discussion began at 7:00 p.m. No action was taken. B. 2021-388 SECTION 551.087 - DELIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS WITH SPENCER RANCH AND SECTION 551.071 - CONSULTATION WITH CITY ATTORNEY REGARDING SAME. Discussion began at 7:22 p.m. City of Boerne Page 5 City Council Official Meeting Minutes April 27, 2021 No action was taken. 10. RECONVENE INTO OPEN SESSION AND TAKE ANY NECESSARY ACTION RELATING TO THE EXECUTIVE SESSION AS DESCRIBED ABOVE. Mayor Pro Tem Woolard reconvened the City Council into Open Session at 7:29 p.m. No action was taken. 11. ADJOURNMENT Mayor Pro Tem Woolard adjourned the City Council meeting at 7:29 p.m. Approved: ____________________________ Mayor Attest: _______________________________ City Secretary City of Boerne Page 6

Agenda

AGENDA REGULAR CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 447 North Main Street Boerne, TX 78006 April 27, 2021 – 6:00 PM A quorum of the City Council will be present during the meeting at: 447 N Main, Boerne, TX 78006. 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 MOMENT OF SILENCE PLEDGE OF ALLEGIANCE TO THE UNITED STATES FLAG PLEDGE OF ALLEGIANCE TO THE TEXAS FLAG (Honor the Texas flag, I pledge allegiance to thee, Texas – one state under God, one and indivisible.) 2. CONFLICTS OF INTEREST 3. 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) 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. 2021-390 CONSIDER APPROVAL OF THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF APRIL 13, 2021. Attachments: Minutes.21.0413 City of Boerne Page 1 Printed on 4/22/2021 City Council Agenda April 27, 2021 B. 2021-380 CONSIDER ON SECOND READING ORDINANCE NO. 2021-15; AN ORDINANCE AMENDING ORDINANCE NO. 2020-21, CAPTIONED “AN ORDINANCE ADOPTING THE ANNUAL CAPITAL AND OPERATING BUDGETS FOR THE CITY OF BOERNE, TEXAS FOR THE FISCAL YEAR 2020-2021, BEGINNING OCTOBER 1, 2020 AND ENDING SEPTEMBER 30, 2021”; AND AUTHORIZING THE CITY MANAGER TO TRANSFER PART OR ALL OF ANY ENCUMBERED APPROPRIATION BALANCE AMONG PROGRAMS, WITHIN A FUND DEPARTMENT, OFFICE, OR AGENCY AT ANY TIME DURING THE FISCAL YEAR. (Budget amendments) Attachments: AIS April 2021 amendments Ordinance No. 2021-15 Exhibit I. Budget Amendment REGULAR AGENDA 5. RESOLUTIONS: A. 2021-383 CONSIDER THE UN-TABLING OF RESOLUTION NO. 2021-R16, AS DESCRIBED BELOW. (Tabled on 4/13/21) B. 2021-382 CONSIDER RESOLUTION NO. 2021-R16; A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AND MANAGE A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF BOERNE AND LUCK DESIGN TEAM, LLC FOR WATERWORKS TERRACE PARK AND SPLASH PAD PROJECT FOR AN AMOUNT NOT TO EXCEED $47,800.00. Attachments: AIS - 04-27-2021 Waterworks Terrace Park - Design Contract Draft Resolution No. 2021-R16 Final-Waterworks Terrace Park Splash Pad AGREEMENT TO PROVIDE PROFESSIONAL SERVI 6. OTHER ITEMS: A. 2021-379 RECEIVE AND APPROVE THE SECOND QUARTER FINANCIAL AND INVESTMENT REPORT FOR FISCAL YEAR 2021. Attachments: AIS - Mar 2021 Qtrly Report March 2021 Qtrly Financial & Investment Report 7. CITY MANAGER’S REPORT: City of Boerne Page 2 Printed on 4/22/2021 City Council Agenda April 27, 2021 A. 2021-384 MONTHLY PROJECT UPDATE B. 2021-389 NEW CITY NEWS INITIATIVE (Shadrock) C. 2021-385 LEGISLATIVE UPDATE (Quirk) D. 2021-386 UPDATE ON IMPACTS OF WINTER STORM (Thompson) 8. COMMENTS FROM COUNCIL – No discussion or action may take place. 9. EXECUTIVE SESSION IN ACCORDANCE WITH THE TEXAS GOVERNMENT CODE: A. 2021-387 SECTION 551.087 - DELIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS WITH DSL HOLDINGS, LLC. B. 2021-388 SECTION 551.087 - DELIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS WITH SPENCER RANCH AND SECTION 551.071 - CONSULTATION WITH CITY ATTORNEY REGARDING SAME. 10. RECONVENE INTO OPEN SESSION AND TAKE ANY NECESSARY ACTION RELATING TO THE EXECUTIVE SESSION AS DESCRIBED ABOVE. 11. ADJOURNMENT CERTIFICATION I hereby certify that the above notice of meeting was posted on the 22nd day of April, 2021 at 5:00 p.m. _______________________________ s/s Lori A. Carroll City Secretary NOTICE OF ASSISTANCE AT THE PUBLIC MEETINGS The City Hall Complex is wheelchair accessible. Access to the building and special parking is available at the front entrance of the building. Requests for auxiliary aides and special services must be received forty-eight (48) hours prior to the meeting time by calling the City Secretary at 830-249-9511. City of Boerne Page 3 Printed on 4/22/2021 City Council Agenda April 27, 2021 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 4 Printed on 4/22/2021

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