City Council

MINUTES REGULAR CITY COUNCIL MEETING RONALD C. BOWMAN CITY COUNCIL CHAMBERS 447 North Main Street Boerne, TX 78006 November 9, 2021 – 6:00 PM Minutes of the Regular Called City Council Meeting of November 9, 2021. Present: 5- Mayor Tim Handren, Mayor Pro Tem Ty Wolosin, Council Member Quinten Scott, Council Member Bryce Boddie, and Council Member Joseph Macaluso Absent: 1- Council Member Nina Woolard Staff Present: Ben Thatcher, Siria Arreola, Paul Barwick, Jeff Carroll, Lori Carroll, Ray Hacker, Laura Haning, Lissette Jimenez, Robert Lee, Mike Mann, Nick Montagno, Barbara Quirk, Mike Raute, Chris Shadrock, Kelly Skovbjerg, Kristy Stark, Mary Woods, and Danny Zincke. Recognized / Registered Guests: Robert Imler, Christina Ryrhom, Milan Michalec, Lance Kyle, and Stephanie Liebe. 1. CALL TO ORDER – 6:00 PM Mayor Handren called the City Council to order at 6:00 p.m. INVOCATION Mayor Handren asked Pastor Mark Quick from the Living Hope Church to provide the Invocation. Mayor Handren led the Pledge of Allegiance to the United States Flag and the Texas Flag. 2. CONFLICTS OF INTEREST City of Boerne Page 1 City Council Official Meeting Minutes November 9, 2021 No conflicts were declared. 3. PUBLIC COMMENTS: Robert Imler, 215 W. Bandera Rd. requested the City Council formally consider a moratorium on new development and to implement procedures to moderate growth. Serious consideration needs to be given on how to limit water availability. He feels water ranks higher than transportation and the Water Committee needs to be more transparent in their discussions. Milan Michalec, 215 Brandt Road stated that he is President of Cow Creek Groundwater Conservation District. He commented that the main purpose of the committee is to educate. He distributed a book to the Council Members which was published in 2013. 4. CONSENT AGENDA: A MOTION WAS MADE BY COUNCIL MEMBER MACALUSO, SECONDED BY MAYOR PRO TEM WOLOSIN, TO APPROVE THE CONSENT AGENDA AS PRESENTED. THE MOTION CARRIED BY THE FOLLOWING VOTE: Yeah: 4 - Mayor Pro Tem Wolosin, Council Member Scott, Council Member Boddie, and Council Member Macaluso Absent: 1 - Council Member Woolard A. 2021-934 CONSIDER APPROVAL OF THE MINUTES OF THE REGULAR CALLED CITY COUNCIL MEETING OF OCTOBER 26, 2021. B. 2021-930 CONSIDER ON SECOND READING ORDINANCE NO. 2021-34; AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF BOERNE UNIFIED DEVELOPMENT CODE, BY AMENDING CHAPTER 3. ZONING, SECTION 3.2, ZONING MAP, REZONING 1.0672 ACRES LOCATED AT 128 ARANSAS PASS, SUNRISE ADDITION, BLK 6 LOT 15, 19, 20 AND PT 21 (KAD NO. 26712) FROM R2-M RR, MODERATE DENSITY RESIDENTIAL RIVER ROAD OVERLAY, TO C2 RR, TRANSITIONAL COMMERCIAL RIVER ROAD OVERLAY; City of Boerne Page 2 City Council Official Meeting Minutes November 9, 2021 REPEALING ALL ORDINANCES IN CONFLICT; CONTAINING A SEVERANCE CLAUSE; AND DECLARING AN EFFECTIVE DATE. (Rezoning 1.0672 acres located at 128 Aransas Pass from R2-M RR to C2-RR, Robert Thornton, L.P.) C. 2021-931 CONSIDER ON SECOND READING ORDINANCE NO. 2021-35; AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF BOERNE UNIFIED DEVELOPMENT CODE, BY AMENDING CHAPTER 3. ZONING, SECTION 3.2, ZONING MAP, GRANTING A SPECIAL USE PERMIT FOR A DRIVE-THRU FACILITY TO 7.708 ACRES LOCATED AT 1313 AND 1361 SOUTH MAIN STREET, WAL-MART SHOPPING CENTER BLK 1 LOT 1 AND LOT 2C (KAD NOS. 27528 AND 27529) IN A C3-EC, COMMUNITY COMMERCIAL - ENTRANCE CORRIDOR DISTRICT; REPEALING ALL ORDINANCES IN CONFLICT; CONTAINING A SEVERANCE CLAUSE; AND DECLARING AN EFFECTIVE DATE. (Michael K. Garrott, Hill Country Square between Jiffy Lube and Eyes on Main) D. 2021-958 CONSIDER RESOLUTION NO. 2021-R63; A RESOLUTION AND DESIGNATING SIGNATORIES FOR THE DEPOSITORY FINANCIAL INSTITUTION FOR THE SAFE DEPOSIT BOX FOR THE CITY OF BOERNE, TEXAS. (Authorize signatories for safe deposit box) E. 2021-956 CONSIDER RESOLUTION NO. 2021-R64; A RESOLUTION AUTHORIZING THE CITY MANAGER TO PAY REGULAR INVOICES AND BILLS FROM SPECIFIC PROVIDERS OF GOODS AND SERVICES, IN ACCORDANCE WITH THE APPROVED ANNUAL BUDGET, AND IN ACCORDANCE WITH SECTION 6.08 OF THE CITY OF BOERNE’S HOME RULE CHARTER. (Authorize payment of regular invoices and bills) F. 2021-886 CONSIDER RESOLUTION NO. 2021-R65; A RESOLUTION APPOINTING A CANDIDATE TO THE KENDALL APPRAISAL DISTRICT BOARD OF DIRECTORS. G. 2021-927 CONSIDER RESOLUTION NO. 2021-R66; A RESOLUTION OF THE CITY OF BOERNE, TEXAS, AUTHORIZING THE PURCHASE OF A BUCKET TRUCK FOR THE ELECTRIC DEPARTMENT FROM ALTEC City of Boerne Page 3 City Council Official Meeting Minutes November 9, 2021 INDUSTRIES, INC. FOR AN AMOUNT NOT TO EXCEED $182,965.00. (Purchase electric bucket truck through Sourcewell Cooperative Purchasing Program) H. 2021-939 CONSIDER RESOLUTION NO. 2021-R67; A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AND MANAGE A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF BOERNE, TEXAS, AND HDR ENGINEERING, INC. FOR DESIGN AND PROCUREMENT OF ELECTRIC POWER GENERATORS FOR THE WATER TREATMENT PLANT FOR AN AMOUNT NOT TO EXCEED $108,000.00. (Two diesel generator additions at the City’s Water Treatment Plant by Boerne City Lake) I. 2021-935 CONSIDER RESOLUTION NO. 2021-R68; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOERNE, TEXAS, REQUESTING FROM GUADALUPE BLANCO RIVER AUTHORITY (GBRA) THAT THE 4,000-ACRE FEET OF WATER FROM THE WESTERN CANYON PROJECT BE ALLOCATED TO THE CITY OF BOERNE WHEN IT BECOMES AVAILABLE IN 2038; AND THAT THE CITY RECEIVE NOTIFICATION OF GBRA’S DECISION BY DECEMBER 31, 2025. (Request to GBRA for 4,000-acre feet of water when it becomes available in 2038) J. 2021-937 CONSIDER RESOLUTION NO. 2021-R69; A RESOLUTION DESIGNATING THE CITY’S ANNUAL ALLOCATION OF GROUNDWATER PRODUCTION AS IT PERTAINS TO THE CITY’S WITHDRAWAL PERMIT FROM COW CREEK GROUNDWATER CONSERVATION DISTRICT TO RETAIN THE CURRENT QUARTERLY ALLOCATION FOR CALENDAR YEAR 2022. K. 2021-938 CONSIDER RESOLUTION NO. 2021-R70; A RESOLUTION DESIGNATING THE CITY’S ANNUAL COMMITMENT FOR WATER FROM THE GUADALUPE-BLANCO RIVER AUTHORITY AS PART OF THE WESTERN CANYON REGIONAL WATER SUPPLY PROJECT TO RETAIN THE CURRENT ANNUAL COMMITMENT OF WATER FOR CALENDAR YEAR 2022. L. 2021-932 CONSIDER RESOLUTION NO. 2021-R71; A RESOLUTION OF THE City of Boerne Page 4 City Council Official Meeting Minutes November 9, 2021 CITY COUNCIL OF THE CITY OF BOERNE, TEXAS, RESCINDING RESOLUTION NO. 2020-R93 AND APPROVING THE CITY MANAGER’S DESIGNATION OF ACTING CITY MANAGER. (Changing the designation of Acting City Manager from Jeff Thompson to Kristy Stark and Danny Zincke in the absence or disability of the City Manager.) M. 2021-944 CONSIDER RESOLUTION NO. 2021-R72; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOERNE, TEXAS, IN SUPPORT OF KENDALL COUNTY BEHAVIORAL HEALTH INITIATIVE. N. 2021-933 CONSIDER CANCELING THE REGULAR CALLED CITY COUNCIL MEETINGS FOR NOVEMBER 23, 2021 AND DECEMBER 28, 2021. O. 2021-940 CONSIDER RESOLUTION NO. 2021-R73; A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AND MANAGE AN ENGINEERING AND DESIGN SERVICES AGREEMENT BETWEEN THE CITY OF BOERNE AND LUCK DESIGN TEAM, LLC FOR NORTHSIDE COMMUNITY PARK IMPROVEMENTS FOR AN AMOUNT NOT TO EXCEED $207,000.00. P. 2021-954 RECEIVE THE CITY OF BOERNE’S 2021 CERTIFIED APPRAISAL ROLL VALUES. Q. 2021-949 CONSIDER RESOLUTION NO. 2021-R74; A RESOLUTION OF THE CITY OF BOERNE, TEXAS, APPOINTING WILLIAM "MICK" MCKAMIE OF TAYLOR, OLSON, ADKINS, SRALLA, ELAM AS CITY ATTORNEY; AUTHORIZING THE CITY MANAGER TO EXECUTE THE RELATED COMPENSATION AGREEMENT; AND APPROVING THE CITY MANAGER'S DESIGNATION OF BARBARA QUIRK AS ASSOCIATE CITY ATTORNEY. REGULAR AGENDA: 5. PRESENTATIONS, PUBLIC HEARINGS, RESOLUTIONS, AND ORDINANCES: A. PROPOSED CREATION OF THE RANCHES AT CREEKSIDE PUBLIC IMPROVEMENT DISTRICT WITHIN THE CORPORATE LIMITS OF THE CITY OF BOERNE, TEXAS. City of Boerne Page 5 City Council Official Meeting Minutes November 9, 2021 I. 2021-950 PRESENTATION Mayor Handren called on Mr. Nick Montagno, Assistant to the City Manager. Mr. Montagno introduced Ms. Stephanie Liebe, Partner with Norton Rose Fulbright. Ms. Liebe explained the fundamentals of a Public Improvement District (PID) and reviewed the process. If the PID is approved, the developer will be given the opportunity to borrow money at a reduced rate. She discussed the differences between a Municipal Utility District (MUD) and a PID. Mr. Rick Rosenberg representing the developer, spoke on the proposed development which is an extension of Ranches at Creekside subdivision. The Resolution which is under consideration is only a step in the process. II. 2021-951 PUBLIC HEARING (one of one hearing) Mayor Handren opened the Public Hearing at 6:36 p.m. Robert Imler stated that he opposed the establishment of the Public Improvement District(PID), that a PID is a growth inducing vehicle. He spoke about other counties who use the PID and their need to increase application fees. Mayor Handren closed the Public Hearing at 6:40 p.m. III. 2021-945 CONSIDER RESOLUTION NO. 2021-R75; AUTHORIZING THE CREATION OF RANCHES AT CREEKSIDE PUBLIC IMPROVEMENT DISTRICT; AND RESOLVING OTHER MATTERS IN CONNECTION THEREWITH. Mr. Montagno stated that if necessary the application fee can be increased. Mr. Rosenberg stated that because the costs to the developer are less if the PID is applied, there would be a savings to the homeowner. A MOTION WAS MADE BY MAYOR PRO TEM WOLOSIN, SECONDED BY COUNCIL MEMBER SCOTT, TO APPROVE RESOLUTION NO. 2021-R75; AUTHORIZING THE CREATION OF RANCHES AT CREEKSIDE PUBLIC IMPROVEMENT DISTRICT; AND RESOLVING OTHER MATTERS IN CONNECTION THEREWITH. THE MOTION CARRIED BY THE FOLLOWING VOTE: City of Boerne Page 6 City Council Official Meeting Minutes November 9, 2021 Yeah: 3 - Mayor Pro Tem Wolosin, Council Member Scott, and Council Member Macaluso Nay: 1 - Council Member Boddie B. 2021-941 CONSIDER A ONE-TIME READING OF ORDINANCE NO. 2021-37; AS PERMITTED BY THE CITY OF BOERNE’S HOME RULE CHARTER SECTION 3.11.A. (As described below) A MOTION WAS MADE BY MAYOR PRO TEM WOLOSIN, SECONDED BY COUNCIL MEMBER SCOTT, TO APPROVE A ONE-TIME READING OF ORDINANCE NO. 2021-37; 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: Yeah: 4 - Mayor Pro Tem Wolosin, Council Member Scott, Council Member Boddie, and Council Member Macaluso C. 2021-955 CONSIDER ORDINANCE NO. 2021-37; ORDINANCE REPEALING AND REPLACING ORDINANCE NO. 1997-30; AUTHORIZING THE CITY MANAGER TO ENTER INTO CONTRACTS FOR EXPENDITURES NOT TO EXCEED $50,000.00 UNDER CERTAIN CONDITIONS; AND REQUIRING CITY COUNCIL APPROVAL FOR EXPENDITURES IN EXCESS OF $50,000.00. (Amend dollar amount from $15,000.00 to $50,000.00 as approved by the voters at the November Charter Amendment Election.) A MOTION WAS MADE BY COUNCIL MEMBER BODDIE, SECONDED BY COUNCIL MEMBER MACALUSO, TO APPROVE ORDINANCE NO. 2021-37; ORDINANCE REPEALING AND REPLACING ORDINANCE NO. 1997-30; AUTHORIZING THE CITY MANAGER TO ENTER INTO CONTRACTS FOR EXPENDITURES NOT TO EXCEED $50,000.00 UNDER CERTAIN CONDITIONS; AND REQUIRING CITY COUNCIL APPROVAL FOR EXPENDITURES IN EXCESS OF $50,000.00. (AMEND DOLLAR AMOUNT FROM $15,000.00 TO $50,000.00 AS APPROVED BY THE VOTERS AT THE NOVEMBER CHARTER AMENDMENT ELECTION.) THE MOTION CARRIED BY THE FOLLOWING VOTE: Yeah: 4 - Mayor Pro Tem Wolosin, Council Member Scott, Council Member Boddie, and Council Member Macaluso D. 2021-957 CONSIDER ON FIRST READING ORDINANCE NO. 2021-38; AN City of Boerne Page 7 City Council Official Meeting Minutes November 9, 2021 ORDINANCE REPEALING AND REPLACING ORDINANCE NO. 2020-28 AND ESTABLISHING AND REESTABLISHING FEES AND CHARGES FOR ACTIVITIES, GOODS AND SERVICES PROVIDED BY THE CITY; CONTAINING A PROVISION TO AUTHORIZE THE CITY MANAGER TO ESTABLISH FEES AND CHARGES IN CERTAIN CIRCUMSTANCES, CONTAINING FINDINGS AND OTHER PROVISIONS RELATING TO THE SUBJECT; AND PROVIDING FOR PUBLICATION. (Establish fees for City services) Mayor Handren called on Ms. Kristy Stark, Assistant City Manager. Ms. Stark stated that the Fee Ordinance is brought to City Council annually. Each department reviews the ordinance and provides updates that will benefit the department. The ordinance if approved, will be effective January 1, 2022. A MOTION WAS MADE BY COUNCIL MEMBER BODDIE, SECONDED BY COUNCIL MEMBER MACALUSO, TO APPROVE ORDINANCE NO. 2021-38; AN ORDINANCE REPEALING AND REPLACING ORDINANCE NO. 2020-28 AND ESTABLISHING AND REESTABLISHING FEES AND CHARGES FOR ACTIVITIES, GOODS AND SERVICES PROVIDED BY THE CITY; CONTAINING A PROVISION TO AUTHORIZE THE CITY MANAGER TO ESTABLISH FEES AND CHARGES IN CERTAIN CIRCUMSTANCES, CONTAINING FINDINGS AND OTHER PROVISIONS RELATING TO THE SUBJECT; AND PROVIDING FOR PUBLICATION. (ESTABLISH FEES FOR CITY SERVICES). THE MOTION CARRIED BY THE FOLLOWING VOTE: Yeah: 4 - Mayor Pro Tem Wolosin, Council Member Scott, Council Member Boddie, and Council Member Macaluso 6. OTHER ITEMS: A. 2021-952 PRESENTATION AND DISCUSSION OF PARTNERING WITH KENDALL COUNTY ON FUNDING REGIONAL STORMWATER PROJECTS WITH AMERICAN RESCUE PLAN ACT (ARPA) FUNDS. Mayor Handren called on Mr. Jeff Carroll, Development Services Director. Mr. Carroll stated that the City of Boerne was awarded $4.5 million in American Rescue Plan Act (ARPA) funds. Kendall County will receive over $9 million. In the future, the City and Kendall County will enter into a Memorandum of Understanding (MOU) to work jointly on drainage projects once the Drainage Masterplan is complete. City of Boerne Page 8 City Council Official Meeting Minutes November 9, 2021 B. 2021-936 DISCUSSION ON CITY BRANDING PROJECT. Mayor Handren called on Mr. Chris Shadrock, Communications Director. Mr. Shadrock displayed the past and current City logos. The goal with branding is to find something unique to Boerne and that will be Trademarked. Request for Proposals will go out on Monday, November 15, 2021 and will close on December 16, 2021. The City Council will have the ability to chose the firm at the February 8, 2022 Council meeting. The City's website will receive a refresh at the same time. 7. CITY MANAGER'S REPORT: Mayor Handren called on City Manager Ben Thatcher. A. 2021-942 “A DICKENS CELEBRATION” PRESENTATION. City Manager Thatcher asked Mr. Paul Barwick and Ms. Mary Woods from the Special Projects department to provide the timeline for preparing for Dickens. This year the event will be four weekends with various activities each weekend. Ms. Woods distributed a flyer to the City Council Members with information regarding the A Dickens Celebration events. B. 2021-929 ANNUAL STAFF UPDATE FROM THE PATRICK HEATH PUBLIC LIBRARY. City Manager Thatcher asked Ms. Kelly Skovbjerg, Library Director to provide an update on the Patrick Heath Public Library various projects and events. Ms. Skovbjerg mentioned that the Library will be celebrating its 70th anniversary. City Manager Thatcher mentioned that there may be a possibility that a Special Council meeting may be necessary to complete the redistricting process. 8. COMMENTS FROM COUNCIL – No discussion or action may take place. Mayor Pro Tem Wolosin wished everyone a Happy Thanksgiving. City of Boerne Page 9 City Council Official Meeting Minutes November 9, 2021 Council Member Boddie stated that he has been participating in the Citizen's Fire Academy. Mayor Handren stated that he spent three days in Washington D.C. He was happy to know that many of the lawmakers were familiar with Boerne, Texas. 9. EXECUTIVE SESSION IN ACCORDANCE WITH THE TEXAS GOVERNMENT CODE: Mayor Handren convened the City Council into Executive Session at 7:33 p.m. A. 2021-943 SECTION 551.071 - CONSULTATION WITH CITY’S ATTORNEY REGARDING PENDING OR CONTEMPLATED LITIGATION REGARDING DEVELOPMENT AGREEMENT WITH BOERNEBAK. No action was taken. B. 2021-953 SECTION 551.072 - TO DELIBERATE THE PURCHASE, EXCHANGE, LEASE, OR VALUE OF REAL PROPERTY WHERE DELIBERATION IN AN OPEN MEETING WOULD HAVE A DETRIMENTAL EFFECT ON THE POSITION OF THE CITY IN NEGOTIATIONS WITH A THIRD PERSON. 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 7:53 p.m. No action was taken. 11. ADJOURNMENT Mayor Handren adjourned the City Council meeting at 7:54 p.m. City of Boerne Page 10 City Council Official Meeting Minutes November 9, 2021 Approved: _____________________________ Mayor Attest: _______________________________ City Secretary City of Boerne Page 11