City Council

MINUTES REGULAR CITY COUNCIL MEETING RONALD C. BOWMAN CITY COUNCIL CHAMBERS 447 North Main Street Boerne, TX 78006 September 27, 2022 – 6:00 PM Present: 5- Mayor Pro Tem Ty Wolosin, Council Member Nina Woolard, Council Member Quinten Scott, Council Member Bryce Boddie, and Council Member Joseph Macaluso Absent: 1- Mayor Tim Handren Council Member Joseph Macaluso was present virtually. Staff Present: Ben Thatcher, Sarah Buckelew, Jeff Carroll, Lori Carroll, Laura Haning, Mick McKamie, Nick Montagno, Mike Raute, Chris Shadrock, Sam Singery, Kelly Skovbjerg, Kristy Stark, and Danny Zincke. Recognized/Registered Guests: Edward Rogers, Luigi Jajon, Zac Issac, Rufus Stephens, Robert Imler, Alex Rudd, Bette Yost, Wanda McCarthy, Joe Anzollitto, Vialissa Gerhard, Martha Touramissiah, Meredith Holcomb, Lily Parker, Abby Muir, Noah Brigman, Cheri Brigman, Jonas Espejo, Jackson DelGrew, Aiden Skelly, Leo Perez, Darren McAfee, Banlle Falebita, Nadia Bakalem, Tom Trinthage, Cheryl Perez, Joktan Stickney, and Eshanth Beeram. 1. CALL TO ORDER – 6:00 PM Mayor Pro Tem Wolosin called the City Council to order at 6:00 p.m. Mayor Pro Tem Wolosin asked for a Moment of Silence and led the Pledge of Allegiance to the United States Flag and to the Texas Flag. Mayor Pro Tem Wolosin stated that agenda items 5.E. and 5.F. will be considered before 5.A. in the Regular Agenda. 2. CONFLICTS OF INTEREST City of Boerne Page 1 City Council Official Meeting Minutes September 27, 2022 No conflicts were declared. 3. PUBLIC COMMENTS: No comments were received. 4. CONSENT AGENDA: A MOTION WAS MADE BY COUNCIL MEMBER BODDIE, SECONDED BY COUNCIL MEMBER SCOTT, TO APPROVE THE CONSENT AGENDA AS PRESENTED. 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. 2022-760 CONSIDER APPROVAL OF THE MINUTES OF THE REGULAR CALLED CITY COUNCIL MEETING OF SEPTEMBER 13, 2022. THE MINUTES WERE APPROVED. B. 2022-758 CONSIDER RESOLUTION NO. 2022-R62; A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AND MANAGE AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOERNE AND FAIR OAKS RANCH FOR ANIMAL CONTROL SERVICES. THE RESOLUTION WAS APPROVED. C. 2022-763 CONSIDER CANCELING THE REGULAR CALLED CITY COUNCIL MEETINGS FOR NOVEMBER 22, 2022, AND DECEMBER 27, 2022. THE CANCELING OF 2 CITY COUNCIL MEETINGS WAS APPROVED. REGULAR AGENDA: 5. PRESENTATIONS, PUBLIC HEARINGS, AND ORDINANCES: E. 2022-745 RECEIVE THE REPORT FROM THE PLANNING AND ZONING COMMISSION AND HOLD A PUBLIC HEARING TO RECEIVE COMMENTS FOR OR AGAINST ORDINANCE NO. 2022-30; AN City of Boerne Page 2 City Council Official Meeting Minutes September 27, 2022 ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF BOERNE UNIFIED DEVELOPMENT CODE, BY AMENDING CHAPTER 3. ZONING, SECTION 3.2, ZONING MAP, REZONING 0.191 ACRE, LOCATED AT 327 EBNER STREET (KAD NO. 33727, TRINIDAD ADDITION LOT 3) FROM R2-M DT, MODERATE DENSITY RESIDENTIAL DOWNTOWN COMMUNITY OVERLAY DISTRICT, TO R3-D DT, DUPLEX RESIDENTIAL DOWNTOWN COMMUNITY OVERLAY DISTRICT; REPEALING ALL ORDINANCES IN CONFLICT; CONTAINING A SEVERANCE CLAUSE; AND DECLARING AN EFFECTIVE DATE, AND CONSIDER APPROVAL OF ORDINANCE NO. 2022-30, ON THE FIRST OF TWO READINGS. (Ben Anca, one of one public hearing) Mayor Pro Tem called on Ms. Laura Haning, Planning and Community Development Director. Ms. Haning stated that the Planning and Zoning Commission recommended by a vote of 7-0 to approve the rezoning as requested by the property owner. A duplex is proposed for the property. Mayor Pro Tem Wolosin opened the Public Hearing at 6:09 p.m. No comments were received. Mayor Pro Tem Wolosin closed the Public Hearing at 6:09 p.m. A MOTION WAS MADE BY COUNCIL MEMBER WOOLARD, SECONDED BY MAYOR PRO TEM WOLOSIN, TO RECEIVE THE REPORT FROM THE PLANNING AND ZONING COMMISSION AND APPROVE ORDINANCE NO. 2022-30; 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, REZONING 0.191 ACRE, LOCATED AT 327 EBNER STREET (KAD NO. 33727, TRINIDAD ADDITION LOT 3) FROM R2-M DT, MODERATE DENSITY RESIDENTIAL DOWNTOWN COMMUNITY OVERLAY DISTRICT, TO R3-D DT, DUPLEX RESIDENTIAL DOWNTOWN COMMUNITY OVERLAY DISTRICT; REPEALING ALL ORDINANCES IN CONFLICT; CONTAINING A SEVERANCE CLAUSE; AND DECLARING AN EFFECTIVE DATE, AND CONSIDER APPROVAL OF ORDINANCE NO. 2022-30, ON THE FIRST OF TWO READINGS. (BEN ANCA, ONE OF ONE PUBLIC HEARING). THE MOTION CARRIED BY THE FOLLOWING VOTE: City of Boerne Page 3 City Council Official Meeting Minutes September 27, 2022 Yeah: 5 - Mayor Pro Tem Wolosin, Council Member Woolard, Council Member Scott, Council Member Boddie, and Council Member Macaluso F. 2022-746 RECEIVE THE REPORT FROM THE PLANNING AND ZONING COMMISSION AND HOLD A PUBLIC HEARING TO RECEIVE COMMENTS FOR OR AGAINST ORDINANCE NO. 2022-31; 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, REZONING 68.80 ACRES AND 8.61 ACRES RESPECTIVELY, LOCATED AT 125 E STATE HIGHWAY 46 (KAD NO. 49167, RIVER ROAD, PART OF A10005 - SURVEY 188 G W ADAMS, 193.85 ACRES, RANCHES AT CREEKSIDE SUBDIVISION) FROM R1-M, MEDIUM DENSITY RESIDENTIAL DISTRICT AND RE, ESTATE RESIDENTIAL DISTRICT, TO R2-N NEIGHBORHOOD RESIDENTIAL DISTRICT, AND R1-M, MEDIUM DENSITY RESIDENTIAL DISTRICT; REPEALING ALL ORDINANCES IN CONFLICT; CONTAINING A SEVERANCE CLAUSE; AND DECLARING AN EFFECTIVE DATE, AND CONSIDER APPROVAL OF ORDINANCE NO. 2022-31, ON THE FIRST OF TWO READINGS. (Green Land Ventures, Ltd/ Quiddity Engineering, one of one public hearing) Ms Haning continued with the rezoning request for 125 East State Highway 46. Ms. Haning stated that the Planning and Zoning Commission voted 6-0 to deny the rezoning request. There seemed to be confusion on the rezoning. At this time, no commercial is being considered. Since the property was zoned in 2013, the number of lots have decreased from 873 to 855 which will increase open space. There has been much discussion regarding the road alignment which is part of the platting process not zoning. The city wide rezoning caused the zoning of the property to not comply with the Master Plan. Mayor Pro Tem Wolosin opened the Public Hearing at 6:51 p.m. Rufus Stephens, 205 Bess Street stated the Cibolo Preserve is concerned with the impact on the Cibolo Creek. He is opposed to the zoning change. City of Boerne Page 4 City Council Official Meeting Minutes September 27, 2022 Alex Rudd, 68 La Cancion Drive stated that she is opposed to the zoning change. Robert Imler, 3 Sky Rose Ranch Road stated that he is opposed to the zoning change. Wanda McCarthy, 115 Ammann Road questioned the two maps in the council packet. Vialissa Gerhard, 103 Ammann Road stated that the city council should agree with the Planning and Zoning Commission's recommendation. Joe Anzollitto, 102 Dry Creek stated he is a member of the Planning and Zoning Commission but is not representing the Planning and Zoning Commission. He resides in the neighborhood under consideration. It is his observation that there are a lot of moving parts. It is time to have a new Master Plan. Darren McAfee, 4350 Lockhill Selma Road San Antonino stated he is the platting engineer with Quiddity Engineering for the Ranches at Creekside project. They are unable to plat with the Master Plan and unable to comply the current zoning. Mayor Pro Tem Wolosin closed the Public Hearing at 7:10 p.m. Ms. Haning responded to the public comments. She stated to change the Master Plan, it will need to go back to the Planning and Zoning Commission. City Attorney Mick McKamie reviewed the process of vesting which is stated in the city's UDC. Development Services Director Jeff Carroll stated that the current FEMA flood plain rules must be followed. Vesting is not an option. A MOTION WAS MADE BY COUNCIL MEMBER MACALUSO, SECONDED BY COUNCIL MEMBER WOOLARD, TO REMAND THE REQUEST BACK TO THE PLANNING AND ZONING COMMISSION (GREEN LAND VENTURES, LTD/ QUIDDITY ENGINEERING). THE MOTION CARRIED BY THE FOLLOWING VOTE: City of Boerne Page 5 City Council Official Meeting Minutes September 27, 2022 Yeah: 5 - Mayor Pro Tem Wolosin, Council Member Woolard, Council Member Scott, Council Member Boddie, and Council Member Macaluso A. 2022-750 CONSIDER ON SECOND 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) Mayor Pro Tem Wolosin called on Ms. Sarah Buckelew, Finance Director. Ms. Buckelew stated that the proposed total FY 2022-2023 budget is 96,955,180 . A MOTION WAS MADE BY COUNCIL MEMBER WOOLARD, SECONDED BY COUNCIL MEMBER BODDIE, TO APPROVE ON SECOND 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 B. 2022-762 RATIFY THE PROPERTY TAX REVENUE INCREASE REFLECTED IN THE FISCAL YEAR 2022-2023 BUDGET. Ms. Buckelew stated that the city council must take a ratification vote to adopt any budget that will raise total property tax revenue. A MOTION WAS MADE BY MAYOR PRO TEM WOLOSIN, SECONDED BY COUNCIL MEMBER WOOLARD, TO RATIFY THE PROPERTY TAX REVENUE INCREASE REFLECTED IN THE FISCAL YEAR 2022-2023 BUDGET. THE MOTION CARRIED BY THE FOLLOWING VOTE: City of Boerne Page 6 City Council Official Meeting Minutes September 27, 2022 Yeah: 5 - Mayor Pro Tem Wolosin, Council Member Woolard, Council Member Scott, Council Member Boddie, and Council Member Macaluso C. 2022-751 CONSIDER ON SECOND 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) Ms. Buckelew stated that the proposed tax rate is a decrease of 2.1 cents. A MOTION WAS MADE BY COUNCIL MEMBER WOOLARD, SECONDED BY MAYOR PRO TEM WOLOSIN, THAT THE PROPERTY TAX RATE BE INCREASED BY THE ADOPTION OF A TAX RATE OF 45.10 CENTS PER $100 TAXABLE VALUATION, WHICH IS EFFECTIVELY A 19.50 PERCENTAGE INCREASE IN THE TAX RATE AND TO APPROVE ON SECOND READING ORDINANCE NO. 2022-28 (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 D. 2022-759 CONSIDER ON FIRST READING ORDINANCE NO. 2022-29; AN ORDINANCE REPEALING AND REPLACING ORDINANCE NO. 2021-38 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. Mayor Pro Tem Wolosin called on Mr. Sam Singery, Assistant Finance Director. Mr. Singery stated that the fee ordinance is reviewed annually. He presented the changes proposed by city staff. If approved, the ordinance will be effective November 1, 2022. City of Boerne Page 7 City Council Official Meeting Minutes September 27, 2022 A MOTION WAS MADE BY COUNCIL MEMBER BODDIE, SECONDED BY MAYOR PRO TEM WOLOSIN, TO APPROVE ON FIRST READING ORDINANCE NO. 2022-29; AN ORDINANCE REPEALING AND REPLACING ORDINANCE NO. 2021-38 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. 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. 2022-752 CONSIDER THE UN-TABLING OF RESOLUTION NO. 2022-R55, AS DESCRIBED BELOW. (Tabled on September 13, 2022) A MOTION WAS MADE BY COUNCIL MEMBER SCOTT, SECONDED BY COUNCIL MEMBER WOOLARD, TO APPROVE THE UN-TABLING OF RESOLUTION NO. 2022-R55, AS DESCRIBED BELOW. (TABLED ON SEPTEMBER 13, 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. 2022-749 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. Mayor Pro Tem Wolosin called on Ms. Kelly Skovbjerg, Library Director. Ms. Skovbjerg reviewed the proposed modifications to the library's bylaws as recommended by the Boerne Public Library Advisory Board. Discussion ensued regarding the appeals process. City of Boerne Page 8 City Council Official Meeting Minutes September 27, 2022 A MOTION WAS MADE BY COUNCIL MEMBER BODDIE, SECONDED BY COUNCIL MEMBER WOOLARD, TO RECEIVE THE RECOMMENDATION FROM THE BOERNE PUBLIC LIBRARY ADVISORY BOARD AND APPROVE 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 TO INCLUDE THE AMENDMENT OF THE APPEALS PROCESS TO BEGIN WITH THE DIRECTOR, THEN THE ADVISORY BOARD WITH THE CITY MANAGER HAVING FINAL CONSIDERATION. 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. OTHER ITEMS: A. 2022-757 DISCUSSION REGARDING USES WITHIN R-4 ZONING CATEGORIES AND REQUIREMENTS FOR SPECIAL USE PERMITS RELATED TO MULTI-FAMILY DENSITY. No discussion took place. B. 2022-761 DISCUSSION OF CITY BOARDS AND COMMISSIONS WHO DECIDE VARIANCES TO UDC REGULATIONS. No discussion took place. C. 2022-748 CONSIDER APPROVAL OF THE PATRICK HEATH PUBLIC LIBRARY MASTER PLAN 2023-2025. Ms. Skovbjerg continued with the update of the Patrick Heath Public Library's Master Plan. She stated that the State Library Board requires an update approved by the Governing Body every five years for accreditation. A MOTION WAS MADE BY COUNCIL MEMBER SCOTT, SECONDED BY MAYOR PRO TEM WOLOSIN, TO APPROVE THE PATRICK HEATH PUBLIC LIBRARY MASTER PLAN FOR 2023-2025. THE MOTION CARRIED BY THE FOLLOWING VOTE: City of Boerne Page 9 City Council Official Meeting Minutes September 27, 2022 Yeah: 5 - Mayor Pro Tem Wolosin, Council Member Woolard, Council Member Scott, Council Member Boddie, and Council Member Macaluso 8. CITY MANAGER'S REPORT: Mayor Pro Tem Wolosin called on the City Manager Ben Thatcher. A. 2022-753 DISCUSSION ON DEVELOPMENT PROCESS. City Manager Thatcher asked Mr. Nick Montagno, Assistant to the City Manager to review the status of the development process. Mr. Montagno stated that staff is working with a Six Sigma consultant on the development process. It is hopeful that the updated website will be ready in approximately six months. He demonstrated the new software Smart Gov. B. 2022-754 MONTHLY PROJECTS REPORT. City Manager Thatcher provided updates to various city projects. He noted that some of the projects will roll over to next year. 9. COMMENTS FROM COUNCIL – No discussion or action may take place. Mayor Pro Tem Wolosin expressed appreciation to those who attended the first BOND on Bond meeting. Council Member Macaluso left the City Council meeting at 8:36 p.m. 10. EXECUTIVE SESSION IN ACCORDANCE WITH THE TEXAS GOVERNMENT CODE: Mayor Pro Tem Wolosin convened the City Council into Executive Session at 8:37 p.m. A. 2022-755 SECTION 551.087 - DELIBERATION REGARDING ECONOMIC City of Boerne Page 10 City Council Official Meeting Minutes September 27, 2022 DEVELOPMENT NEGOTIATIONS WITH DSL HOLDINGS, LLC. No action was taken. 11. RECONVENE INTO OPEN SESSION AND TAKE ANY NECESSARY ACTION RELATING TO THE EXECUTIVE SESSION AS DESCRIBED ABOVE. Mayor Pro Tem Wolosin reconvened the City Council into Open Session at 8:43 p.m. A. 2022-756 CONSIDER RESOLUTION NO. 2022-R63; A RESOLUTION OF THE CITY OF BOERNE, TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER INTO AND MANAGE AN AMENDMENT TO THE ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT BETWEEN THE CITY OF BOERNE AND DSL HOLDINGS, LLC. A MOTION WAS MADE BY MAYOR PRO TEM WOLOSIN, SECONDED BY COUNCIL MEMBER WOOLARD, TO APPROVE RESOLUTION NO. 2022-R63; A RESOLUTION OF THE CITY OF BOERNE, TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER INTO AND MANAGE AN AMENDMENT TO THE ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT BETWEEN THE CITY OF BOERNE AND DSL HOLDINGS, LLC. THE MOTION CARRIED BY THE FOLLOWING VOTE: Yeah: 4 - Mayor Pro Tem Wolosin, Council Member Woolard, Council Member Scott, and Council Member Boddie Absent: 1 - Council Member Macaluso 12. ADJOURNMENT Mayor Pro Tem Wolosin adjourned the City Council meeting at 8:44 p.m. Approved: ______________________________ Mayor Attest: _______________________________ City Secretary City of Boerne Page 11 City Council Official Meeting Minutes September 27, 2022 City of Boerne Page 12