City Council

MINUTES REGULAR CITY COUNCIL MEETING RONALD C. BOWMAN CITY COUNCIL CHAMBERS 447 North Main Street Boerne, TX 78006 September 13, 2022 – 6:00 PM Minutes of the Regular Called City Council meeting of September 13, 2022. Present: 6- Mayor Tim Handren, Mayor Pro Tem Ty Wolosin, Council Member Nina Woolard, Council Member Quinten Scott, Council Member Bryce Boddie, and Council Member Joseph Macaluso Staff Present: Ben Thatcher, Siria Arreola, Sarah Buckelew, Jeff Carroll, Lori Carroll, Laura Haning, Stephen Harms, Cody Lackey, Mike Mann, Mick McKamie, Nick Montagno, Mike Raute, Chris Shadrock, and Kristy Stark. Recognized/Registered Guests: Christina Ryrholm, Robert Imler, Rich Sena, Zachary Wright, Mario Obleto, and Tabitha Garza. 1. CALL TO ORDER – 6:00 PM Mayor Handren called the City Council meeting to order at 6:00 p.m. Pastor Kevin Witton, Trinity Presbyterian Church provided the Invocation. Mayor Handren called on the 5th grade Den of Cub Scout Pack 102 to provide the flag ceremony 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: City of Boerne Page 1 City Council Official Meeting Minutes September 13, 2022 Mario Obleto and Tabitha Garza representing the San Antonio Food Bank distributed brochures to the City Council Members providing information regarding the Food Bank. Mr. Obleto expressed appreciation for the community support. Rich Sena, 115 Glade stated that he is a member of BISD Board of Education. Mr. Sena expressed appreciation to the city council for entering into a contract with BISD for School Resource Officers. 4. CONSENT AGENDA: Council Member Scott asked that Consent Agenda Item C. be pulled for further discussion. A MOTION WAS MADE BY MAYOR PRO TEM WOLOSIN, SECONDED BY COUNCIL MEMBER MACALUSO TO APPROVE THE CONSENT AGENDA AS PRESENTED WITH THE EXCEPTION OF THE CONSENT AGENDA ITEM C TO BE DISCUSSED SEPARATELY. THE MOTION CARRIED BY THE FOLLOWING VOTE: Yeah: 5 - Mayor Pro Tem Wolosin, Council Member Woolard, Council Member Scott, Council Member Boddie, and Council Member Macaluso A. 2022-731 CONSIDER APPROVAL OF THE MINUTES OF THE REGULAR CITY COUNCIL MEETING ON AUGUST 23, 2022 AND SPECIAL CALLED MEETING ON AUGUST 25, 2022 (EMPLOYEE RECOGNITION LUNCHEON). THE MINUTES WERE APPROVED. B. 2022-732 CONSIDER ON SECOND READING ORDINANCE NO. 2022-26; AN ORDINANCE AMENDING THE CITY OF BOERNE, TEXAS, CODE OF ORDINANCES, CHAPTER 2. ADMINISTRATION, ARTICLE V. ETHICS, SECTION 2.121. DEFINITIONS, “CITY OFFICIAL”, ADDING THE BOERNE PUBLIC LIBRARY ADVISORY BOARD AND UPDATING THE NAME OF THE BOERNE CONVENTION AND VISITORS ADVISORY BOARD TO VISIT BOERNE ADVISORY BOARD. THE ORDINANCE WAS APPROVED. City of Boerne Page 2 City Council Official Meeting Minutes September 13, 2022 D. 2022-726 CONSIDER RESOLUTION NO. 2022-R58; A RESOLUTION AUTHORIZING THE CLOSURE OF A PORTION OF MAIN STREET (HWY 87) DURING CERTAIN HOURS FOR THE PRIDE OF TEXAS ROD RUN AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT FOR THE TEMPORARY CLOSURE OF STATE RIGHT-OF-WAY WITH THE TEXAS DEPARTMENT OF TRANSPORTATION. THE RESOLUTION WAS APPROVED. E. 2022-728 CONSIDER RESOLUTION NO. 2022-R59; A RESOLUTION TO RATIFY THE EXECUTION OF A CONTRACT BETWEEN THE CITY OF BOERNE AND JONES & CARTER, INC. TO PERFORM ADDITIONAL SERVICES ON THE SCENIC LOOP SEWER DESIGN PROJECT FOR AN ADDITIONAL AMOUNT NOT TO EXCEED $17,006.00. (Additional services on Scenic Loop Sewer Design Project) THE RESOLUTION WAS APPROVED. REGULAR AGENDA: 5. PRESENTATIONS, PUBLIC HEARINGS, AND ORDINANCES: A. 2022-735 PRESENTATION AND PUBLIC HEARING ON PROPOSED BUDGETS FOR THE CITY OF BOERNE, TEXAS, FOR FISCAL YEAR 2022-2023. (one of one hearing) Mayor Handren called on Ms. Sarah Buckelew, Finance Director. Ms. Buckelew presented the proposed budget and tax rate information. She reviewed what the $97 million will fund and the revenue sources. It is staff's recommendation to reduce the tax rate by 2.1 cents or .4510/100. She stated that 1 cent of tax rate generates $235,000 in Tax Revenue. Mayor Handren opened the Public Hearing for the proposed budget at 6:17 p.m. No comments were received. Mayor Handren closed the Public Hearing at 6:17 p.m. City of Boerne Page 3 City Council Official Meeting Minutes September 13, 2022 B. 2022-740 CONSIDER ON FIRST READING ORDINANCE NO. 2022-27; AN ORDINANCE ADOPTING THE ANNUAL BUDGET FOR THE CITY OF BOERNE, TEXAS, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2022, AND ENDING SEPTEMBER 30, 2023, IN ACCORDANCE WITH CHAPTER 102, LOCAL GOVERNMENT CODE; AND APPROPRIATING THE VARIOUS AMOUNTS THEREOF. (Ordinance adopting the Budget) A MOTION WAS MADE BY COUNCIL MEMBER BODDIE, SECONDED BY COUNCIL MEMBER MACALUSO, TO APPROVE ON FIRST READING ORDINANCE NO. 2022-27; AN ORDINANCE ADOPTING THE ANNUAL BUDGET FOR THE CITY OF BOERNE, TEXAS, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2022, AND ENDING SEPTEMBER 30, 2023, IN ACCORDANCE WITH CHAPTER 102, LOCAL GOVERNMENT CODE; AND APPROPRIATING THE VARIOUS AMOUNTS THEREOF. (ORDINANCE ADOPTING THE BUDGET). THE MOTION CARRIED BY THE FOLLOWING VOTE: Yeah: 5 - Mayor Pro Tem Wolosin, Council Member Woolard, Council Member Scott, Council Member Boddie, and Council Member Macaluso C. 2022-742 PRESENTATION AND PUBLIC HEARING ON PROPOSED AD VALOREM PROPERTY TAX RATE FOR THE 2022 TAX YEAR AT 45.10 CENTS PER EACH $100 OF TAXABLE VALUE. (one of one hearing) Mayor Handren opened the Public Hearing at 6:18 p.m. No comments were received. Mayor Handren closed the Public Hearing at 6:19 p.m. D. 2022-741 CONSIDER ON FIRST READING ORDINANCE NO. 2022-28; AN ORDINANCE SETTING THE AD VALOREM PROPERTY TAX RATE FOR THE 2022 TAX YEAR AT 45.10 CENTS PER EACH $100 OF TAXABLE VALUE. (Ordinance adopting tax rate) City of Boerne Page 4 City Council Official Meeting Minutes September 13, 2022 A MOTION WAS MADE BY MAYOR PRO TEM WOLOSIN, SECONDED BY COUNCIL MEMBER WOOLARD, TO APPROVE ON FIRST READING ORDINANCE NO. 2022-28; AN ORDINANCE SETTING THE AD VALOREM PROPERTY TAX RATE FOR THE 2022 TAX YEAR AT 45.10 CENTS PER EACH $100 OF TAXABLE VALUE. (ORDINANCE ADOPTING TAX RATE). THE MOTION CARRIED BY THE FOLLOWING VOTE: Yeah: 5 - Mayor Pro Tem Wolosin, Council Member Woolard, Council Member Scott, Council Member Boddie, and Council Member Macaluso 6. RESOLUTIONS A. 2022-734 CONSIDER THE UN-TABLING OF RESOLUTION NO. 2022-R55, AS DESCRIBED BELOW. (Tabled on August 23, 2022) A MOTION WAS MADE BY COUNCIL MEMBER MACALUSO, SECONDED BY MAYOR PRO TEM WOLOSIN, TO UNTABLE RESOLUTION NO. 2022-R55, AS DESCRIBED BELOW. (TABLED ON AUGUST 23, 2022). THE MOTION CARRIED BY THE FOLLOWING VOTE: Yeah: 5 - Mayor Pro Tem Wolosin, Council Member Woolard, Council Member Scott, Council Member Boddie, and Council Member Macaluso B. 2022-725 RECEIVE THE RECOMMENDATION FROM THE BOERNE PUBLIC LIBRARY ADVISORY BOARD AND CONSIDER RESOLUTION NO. 2022-R55; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOERNE, APPROVING AMENDMENTS TO THE BYLAWS OF THE BOERNE PUBLIC LIBRARY ADVISORY BOARD. City Manager Ben Thatcher suggested that the item be tabled once more since the Library Director was unable to attend the meeting. A MOTION WAS MADE BY COUNCIL MEMBER MACALUSO, SECONDED BY MAYOR PRO TEM WOLOSIN, TO TABLE FOR NO MORE THAN ONE MONTH RESOLUTION NO. 2022-R55; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOERNE, APPROVING AMENDMENTS TO THE BYLAWS OF THE BOERNE PUBLIC LIBRARY ADVISORY BOARD. THE MOTION CARRIED BY THE FOLLOWING VOTE: City of Boerne Page 5 City Council Official Meeting Minutes September 13, 2022 Yeah: 5 - Mayor Pro Tem Wolosin, Council Member Woolard, Council Member Scott, Council Member Boddie, and Council Member Macaluso C. 2022-733 RECEIVE BIDS AND CONSIDER RESOLUTION NO. 2022-R60; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOERNE, TEXAS, AWARDING THE CONTRACT FOR THE CITY OF BOERNE 2022 SIDEWALK PROJECTS TO ___________ FOR AN AMOUNT NOT TO EXCEED $_________; AND AUTHORIZING THE CITY MANAGER TO MANAGE AND EXECUTE RELATED CONTRACT. Mayor Handren called on Mr. Jeff Carroll, Development Services Director. Mr. Carroll stated that staff has been working on identifying locations where there are sidewalk gaps. Staff is familiar with the low bidder as Cal-Tex Interiors, Inc. recently completed the Rosewood sidewalk and staff is satisfied with the results. Discussion ensued regarding the differences in the bids. A MOTION WAS MADE BY MAYOR PRO TEM WOLOSIN, SECONDED BY COUNCIL MEMBER SCOTT, TO RECEIVE BIDS AND APPROVE RESOLUTION NO. 2022-R60; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOERNE, TEXAS, AWARDING THE CONTRACT FOR THE CITY OF BOERNE 2022 SIDEWALK PROJECTS TO CAL-TEX INTERIORS, INC. FOR AN AMOUNT NOT TO EXCEED $62,824.01; AND AUTHORIZING THE CITY MANAGER TO MANAGE AND EXECUTE RELATED CONTRACT. THE MOTION CARRIED BY THE FOLLOWING VOTE: Yeah: 5 - Mayor Pro Tem Wolosin, Council Member Woolard, Council Member Scott, Council Member Boddie, and Council Member Macaluso 7. CITY MANAGER'S REPORT: Mayor Handren called on City Manager Ben Thatcher to provide the City Manager's Report. A. 2022-739 PATRICK HEATH PUBLIC LIBRARY MASTER PLAN. No discussion was held on this item. B. 2022-736 I-10 TXDOT CONSTRUCTION UPDATE. City of Boerne Page 6 City Council Official Meeting Minutes September 13, 2022 City Manager Thatcher asked Mr. Jeff Carroll, Development Services Director to provide an update on the IH-10 construction. Mr. Carroll reviewed the various construction sites and stated that the construction in these areas should be substantially completed by the end of the year according to TxDOT. City Manager Thatcher reminded the City Council that there will be filming on Main Street beginning September 19, 2022. 8. COMMENTS FROM COUNCIL – No discussion or action may take place. Council Member Macaluso requested proper education of the Boards and Commissions to align with the goals and visions of the City Council, UDC, and Master Plan in regards to variances of UDC codes specifically within the overlay districts. He also requested a review of R-4 zoning requests. Mayor Pro Tem Wolosin reminded the city council that Blanco Road will be closed next Monday for Boerne High School Homecoming Parade. Council Member Boddie provided highlights of the 100 Club Tug the Truck event last weekend. 9. EXECUTIVE SESSION IN ACCORDANCE WITH THE TEXAS GOVERNMENT CODE: Mayor Handren stated that Consent Agenda Item C will be discussed in Executive Session in accordance with Texas Government Code Section 551.071 (Consultation with Attorney). Mayor Handren convened the City Council Members into Executive Session at 6:40 p.m. A. 2022-737 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. (Ammann Road property) City of Boerne Page 7 City Council Official Meeting Minutes September 13, 2022 No action was taken. Discussion regarding Consent Agenda Item C. 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 6:57 p.m. A. 2022-738 CONSIDER RESOLUTION NO. 2022-R61; A RESOLUTION AUTHORIZING THE CITY MANAGER TO PURCHASE ____ ACRES, MORE OR LESS, LOCATED AT ____________, BOERNE, TEXAS, 78006, FROM ___________; AND EXECUTE ALL NECESSARY DOCUMENTATION. A MOTION WAS MADE BY MAYOR PRO TEM WOLOSIN, SECONDED BY COUNCIL MEMBER MACALUSO, TO APPROVE RESOLUTION NO. 2022-R61; A RESOLUTION AUTHORIZING THE CITY MANAGER TO PURCHASE A UTILITY EASEMENT .908 ACRES FROM A 185.416 ACRE TRACT IDENTIFIED IN VOLUME 292, PAGES 688-692 OFFICIAL RECORDS OF KENDALL COUNTY TEXAS. THE MOTION CARRIED BY THE FOLLOWING VOTE: Yeah: 5 - Mayor Pro Tem Wolosin, Council Member Woolard, Council Member Scott, Council Member Boddie, and Council Member Macaluso C. 2022-729 CONSIDER RESOLUTION NO. 2022-R57; A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AND MANAGE A DELEGATE AGENCY AGREEMENT FOR FUNDING OF PUBLIC PURPOSE BETWEEN THE CITY OF BOERNE AND HILL COUNTRY COURT APPOINTED SPECIAL ADVOCATES (CASA). City Manager Ben Thatcher asked Mr. Nick Montagno, Assistant to the City Manager to provide information regarding the Hill Country Court Appointed Special Advocates (CASA) organization. Mr. Montagno reminded the City Council that a representative from CASA made a request to the City Council during the Public Comment section of the June, 2022 agenda. City of Boerne Page 8 City Council Official Meeting Minutes September 13, 2022 Council Member Scott asked for time before making a determination to contribute to the organization. He suggested that the item be tabled for not more than 30 days. He has recently heard of negative experiences regarding CASA. Council Member Woolard stated that this is a nation wide organization which requires volunteers to attend 120 hours of training. A MOTION WAS MADE BY COUNCIL MEMBER SCOTT, SECONDED BY COUNCIL MEMBER MACALUSO, TO TABLE FOR NOT MORE THAN 30 DAYS RESOLUTION NO. 2022-R57; A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AND MANAGE A DELEGATE AGENCY AGREEMENT FOR FUNDING OF PUBLIC PURPOSE BETWEEN THE CITY OF BOERNE AND HILL COUNTRY COURT APPOINTED SPECIAL ADVOCATES (CASA). THE MOTION FAILED BY THE FOLLOWING VOTE: Yeah: 2 - Council Member Scott, and Council Member Macaluso Nay: 3 - Mayor Pro Tem Wolosin, Council Member Woolard, and Council Member Boddie C. 2022-729 CONSIDER RESOLUTION NO. 2022-R57; A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AND MANAGE A DELEGATE AGENCY AGREEMENT FOR FUNDING OF PUBLIC PURPOSE BETWEEN THE CITY OF BOERNE AND HILL COUNTRY COURT APPOINTED SPECIAL ADVOCATES (CASA). A MOTION WAS MADE BY MAYOR PRO TEM WOLOSIN, SECONDED BY COUNCIL MEMBER MACALUSO, TO APPROVE RESOLUTION NO. 2022-R57; A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AND MANAGE A DELEGATE AGENCY AGREEMENT FOR FUNDING OF PUBLIC PURPOSE BETWEEN THE CITY OF BOERNE AND HILL COUNTRY COURT APPOINTED SPECIAL ADVOCATES (CASA). THE MOTION CARRIED BY THE FOLLOWING VOTE: Yeah: 4 - Mayor Pro Tem Wolosin, Council Member Woolard, Council Member Boddie, and Council Member Macaluso Nay: 1 - Council Member Scott 11. ADJOURNMENT Mayor Handren adjourned the City Council meeting at 7:10 p.m. City of Boerne Page 9 City Council Official Meeting Minutes September 13, 2022 Approved: _____________________________ Mayor Attest: _______________________________ City Secretary City of Boerne Page 10