City Council

MINUTES REGULAR CITY COUNCIL MEETING RONALD C. BOWMAN CITY COUNCIL CHAMBERS 447 North Main Street Boerne, TX 78006 February 28, 2023 – 6:00 PM Minutes of the Regular City Council Meeting of February 28, 2023. 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, Rhea Cooper, Laura Haning, Lissette Jimenez, Mick McKamie, Nick Montagno, Natalie Morgan, Steve Perez, Mike Raute, Chris Shadrock , Sam Singery, and Kelly Skovbjerg. Registered/Recognized Guest: Sharon Wright, Ann Dietert, Robert Imler, Steve Moffit, Joe Bateman, Dave Luciani, and Grant Gary. 1. CALL TO ORDER – 6:00 PM Mayor Handren called the City Council Meeting to order at 6:00 p.m. Mayor Handren asked for a Moment of Silence and led the Pledge of Allegiance to the United States Flag and to the Texas Flag. 2. CONFLICTS OF INTEREST No conflicts of interest were declared. 3. PUBLIC COMMENTS: No public comments were received. City of Boerne Page 1 City Council Official Meeting Minutes February 28, 2023 4. CONSENT AGENDA: A MOTION WAS MADE BY COUNCIL MEMBER BODDIE, SECONDED BY MAYOR PRO TEM WOLOSIN, 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. 2023-221 CONSIDER APPROVAL OF THE MINUTES OF THE SPECIAL CALLED CITY COUNCIL MEETING (WINTER WORKSHOP) ON FEBRUARY 7, 2023, AND THE REGULAR CITY COUNCIL MEETING ON FEBRUARY 14, 2023. THE MINUTES WERE APPROVED. B. 2023-223 CONSIDER RESOLUTION NO. 2023-R10; A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AND MANAGE AN AGREEMENT BETWEEN THE CITY OF BOERNE AND LUCK DESIGN TEAM FOR CONSTRUCTION DOCUMENT PREPARATION DESIGN SERVICES FOR THE NORTHSIDE COMMUNITY PARK IMPROVEMENTS PHASE 2 FOR AN AMOUNT NOT TO EXCEED $536,895.00. (2022 Quality of Life Bond project) THE RESOLUTION WAS APPROVED. C. 2023-229 CONSIDER RESOLUTION NO. 2023-R11; A RESOLUTION ADOPTING THE 2023 CITY OF BOERNE ROLLING TEN YEAR PLAN. THE RESOLUTION WAS APPROVED. D. 2023-228 CONSIDER RESOLUTION NO. 2023-R12; A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AND MANAGE AN AGREEMENT BETWEEN THE CITY OF BOERNE AND BOERNE KENDALL COUNTY ECONOMIC DEVELOPMENT CORPORATION. THE RESOLUTION WAS APPROVED. E. 2023-212 CONSIDER RESOLUTION NO. 2023-R13; A RESOLUTION ADOPTING THE KENDALL COUNTY HAZARD MITIGATION ACTION PLAN UPDATE 2023 FOR THE CITY OF BOERNE. (2023 Update to the City of Boerne Page 2 City Council Official Meeting Minutes February 28, 2023 Kendall County Hazard Mitigation Action Plan) THE RESOLUTION WAS APPROVED. F. 2023-213 CONSIDER RESOLUTION NO. 2023-R14; A RESOLUTION AUTHORIZING THE SUBMISSION OF A GRANT APPLICATION TO THE OFFICE OF THE GOVERNOR’S PUBLIC SAFETY OFFICE FOR THE BULLET-RESISTANT SHIELD GRANT PROGRAM; DESIGNATING THE ASSISTANT TO THE CITY MANAGER AS THE OFFICIAL AUTHORIZED TO ACT ON BEHALF OF THE CITY AND EXECUTE REQUIRED DOCUMENTS FOR PURPOSES OF THIS APPLICATION AND ANY RESULTING GRANT; AND AUTHORIZING THE PURCHASE OF BULLET-RESISTANT SHIELDS AND ANY SUBSEQUENT AMENDMENT AS NEEDED. (Purchase of Bullet-Resistant Shield and Grant Program application) THE RESOLUTION WAS APPROVED. REGULAR AGENDA 5. PRESENTATIONS, PUBLIC HEARINGS, AND ORDINANCES: A. 2023-216 RECEIVE THE ANNUAL COMPREHENSIVE FINANCIAL REPORT (ACFR) FROM ABIP, PC FOR FISCAL YEAR 2021-2022. (Report from the auditors) Mayor Handren called on Ms. Sarah Buckelew, Finance Director. Ms. Buckelew introduced Ms. Janet Pitman, Audit Partner of ABIP, PC to present the Annual Comprehensive Financial Report (ACFR). Ms. Pitman reviewed their Independent Auditor's Report, management discussion and analyses, financial highlights, city's current debt, and compliance. The audit found no deficiencies in internal controls and no instances of noncompliance. The Government Finance Officers Association of the United States and Canada (GFOA) awarded a Certificate of Achievement for excellence in financial reporting to the City of Boerne for its ACFR for the fiscal year ended September 30, 2021. This is the thirty fifth consecutive year the City has received this prestigious award. City of Boerne Page 3 City Council Official Meeting Minutes February 28, 2023 A MOTION WAS MADE BY MAYOR PRO TEM WOLOSIN, SECONDED BY COUNCIL MEMBER WOOLARD, TO RECEIVE THE ANNUAL COMPREHENSIVE FINANCIAL REPORT (ACFR) FROM ABIP, PC FOR FISCAL YEAR 2021-2022. (REPORT FROM THE AUDITORS). 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. 2023-215 RECEIVE THE BOERNE POLICE DEPARTMENT 2022 ANNUAL REPORT AND THE ANNUAL REPORT ON RACIAL PROFILING. Mayor Handren called on Police Chief Steve Perez. Chief Perez reviewed the Racial Profiling report for 2022. He also presented statistics for dispatch calls, crimes, traffic stops and accidents, and animal control intakes. Chief Perez acknowledged employees in the Police Department and Dispatch Department who are recipients of annual department awards. A MOTION WAS MADE BY COUNCIL MEMBER WOOLARD, SECONDED BY MAYOR PRO TEM WOLOSIN, TO RECEIVE THE BOERNE POLICE DEPARTMENT 2022 ANNUAL REPORT AND THE ANNUAL REPORT ON RACIAL PROFILING. 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. 2023-194 RECEIVE THE REPORT FROM THE PLANNING AND ZONING COMMISSION AND HOLD A PUBLIC HEARING TO RECEIVE COMMENTS FOR OR AGAINST ORDINANCE NO. 2023-04; 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 +/- 1 ACRE OUT OF 4.349 ACRES LOCATED AT 12 HERFF ROAD (A10441 - SURVEY 183 J SMALL, KAD NO. 15815) FROM C1-HC, NEIGHBORHOOD COMMERCIAL HERITAGE CORRIDOR OVERLAY DISTRICT, TO C2-HC, TRANSITIONAL COMMERCIAL HERITAGE CORRIDOR OVERLAY DISTRICT; REPEALING ALL ORDINANCES IN CONFLICT; CONTAINING A SEVERANCE CLAUSE; AND DECLARING City of Boerne Page 4 City Council Official Meeting Minutes February 28, 2023 AN EFFECTIVE DATE, AND CONSIDER APPROVAL OF ORDINANCE 2023-04, ON THE FIRST OF TWO READINGS. (Woodmont Boerne Academy LLC) Mayor Handren called on Planning Director, Laura Haning. Ms. Haning displayed a map of the property located at 12 Herff Road which is located in the Heritage Corridor Overlay District. Two items are being considered for this property, the rezoning from C1-HC to C2-HC and a request for a Special Use Permit that would allow a daycare facility with 11,000 square-feet. Discussion ensued regarding the impervious cover, uses allowed in a C1, LID requirements, the need for daycares in Boerne, and traffic impact. The development will follow all current regulations. The Planning and Zoning Commission recommended approval of the C2-HC rezoning by a vote of 6-1 and approval of the Special Use Permit with a vote of 7-0 for +/- 1 acre portion of 4.349 acres with the following conditions for the Special Use Permit; all buses or other vehicles used to serve the daycare facility be required to have designated parking located at the rear, behind the building line; Screening that is drought tolerant, City approved, mature (at maturity be no less than 5 ft tall) and continuous perimeter coverage surrounding each of the playgrounds; dumpster to be located behind the building line; Hackberry tree on southern property line be preserved; comply with all current Unified Development Code requirements for tree remediation; denial of the request for a variance for parking spaces in the 40 ft. Heritage Corridor setback. Mayor Handren opened the Public Hearing at 6:29 p.m. Dave Luciani, 109 Saddleclub Circle, the developer and owner of the property. Mr. Luciani is in favor of the Kiddie Academy and it is a single story. He stated he has worked with the Woodmont crew for over a year and they have followed through on everything they have said they will do. There will be a buffer between the property and neighbors. Grant Gary - 2100 West Seventh St., the applicant for the proposed project. Looking for opportunities for childcare in the area, there is a big need in the area. City of Boerne Page 5 City Council Official Meeting Minutes February 28, 2023 Mayor Handren closed the Public Hearing at 6:32 p.m. A MOTION WAS MADE BY MAYOR PRO TEM WOLOSIN, SECONDED BY COUNCIL MEMBER SCOTT, TO RECEIVE THE REPORT FROM THE PLANNING AND ZONING COMMISSION AND APPROVE ON FIRST READING ORDINANCE NO. 2023-04; 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 +/- 1 ACRE OUT OF 4.349 ACRES LOCATED AT 12 HERFF ROAD (A10441 - SURVEY 183 J SMALL, KAD NO. 15815) FROM C1-HC, NEIGHBORHOOD COMMERCIAL HERITAGE CORRIDOR OVERLAY DISTRICT, TO C2-HC, TRANSITIONAL COMMERCIAL HERITAGE CORRIDOR OVERLAY DISTRICT; REPEALING ALL ORDINANCES IN CONFLICT; CONTAINING A SEVERANCE CLAUSE; AND DECLARING AN EFFECTIVE DATE. (WOODMONT BOERNE ACADEMY LLC). 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. 2023-195 RECEIVE THE REPORT FROM THE PLANNING AND ZONING COMMISSION AND HOLD A PUBLIC HEARING TO RECEIVE COMMENTS FOR OR AGAINST ORDINANCE NO. 2023-05; 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 DAYCARE FACILITY ON APPROXIMATELY +/- 1 ACRE OF THE SITE, LOCATED AT 12 HERFF ROAD (A10441 - SURVEY 183 J SMALL, KAD NO. 15815) IN A C2-HC, TRANSITIONAL COMMERCIAL HERITAGE CORRIDOR OVERLAY DISTRICT; REPEALING ALL ORDINANCES IN CONFLICT; CONTAINING A SEVERANCE CLAUSE; AND DECLARING AN EFFECTIVE DATE, AND CONSIDER APPROVAL OF ORDINANCE NO. 2023-05, ON THE FIRST OF TWO READINGS. (Woodmont Boerne Academy LLC) Mayor Handren opened the Public Hearing at 6:36 p.m. No comments were received. City of Boerne Page 6 City Council Official Meeting Minutes February 28, 2023 Mayor Handren closed the Public Hearing - 6:36 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 ON FIRST READING ORDINANCE NO. 2023-05; 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 DAYCARE FACILITY ON APPROXIMATELY +/- 1 ACRE OF THE SITE, LOCATED AT 12 HERFF ROAD (A10441 - SURVEY 183 J SMALL, KAD NO. 15815) IN A C2-HC, TRANSITIONAL COMMERCIAL HERITAGE CORRIDOR OVERLAY DISTRICT; REPEALING ALL ORDINANCES IN CONFLICT; CONTAINING A SEVERANCE CLAUSE; AND DECLARING AN EFFECTIVE DATE, WITH THE FOLLOWING CONDITIONS: ALL BUSES OR OTHER VEHICLES USED TO SERVE THE DAYCARE FACILITY BE REQUIRED TO HAVE DESIGNATED PARKING LOCATED AT THE REAR, BEHIND THE BUILDING LINE; SCREENING THAT IS DROUGHT TOLERANT, CITY APPROVED, MATURE (AT MATURITY BE NO LESS THAN 5 FT TALL) AND CONTINUOUS PERIMETER COVERAGE SURROUNDING EACH OF THE PLAYGROUNDS; DUMPSTER TO BE LOCATED BEHIND THE BUILDING LINE; HACKBERRY TREE ON SOUTHERN PROPERTY LINE BE PRESERVED; COMPLY WITH ALL CURRENT UNIFIED DEVELOPMENT CODE REQUIREMENTS FOR TREE REMEDIATION; DENIAL OF THE REQUEST FOR A VARIANCE FOR PARKING SPACES IN THE 40 FT. HERITAGE CORRIDOR SETBACK. (WOODMONT BOERNE ACADEMY LLC). 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 E. 2023-224 CONSIDER A ONE-TIME READING OF ORDINANCE NO. 2023-06; AS PERMITTED BY THE CITY OF BOERNE’S HOME RULE CHARTER SECTION 3.11.A. (As described below) City of Boerne Page 7 City Council Official Meeting Minutes February 28, 2023 A MOTION WAS MADE BY MAYOR PRO TEM WOLOSIN, SECONDED BY COUNCIL MEMBER SCOTT, TO APPROVE A ONE-TIME READING OF ORDINANCE NO. 2023-06; 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: 5 - Mayor Pro Tem Wolosin, Council Member Woolard, Council Member Scott, Council Member Boddie, and Council Member Macaluso F. 2023-230 CONSIDER ORDINANCE NO. 2023-06; AN ORDINANCE AMENDING ORDINANCE NO. 2022-29, CAPTIONED, “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.” Ms. Haning continued, informing that Staff began outsourcing residential and commercial building plan review. The change in the fee ordinance will allow the City to recover the cost for outsourced plan review. Staff is recommending to leave the fee for in-house review at 50% of the building permit fee and change the fee for outsourced plan review to the actual city cost. A MOTION WAS MADE BY COUNCIL MEMBER MACALUSO, SECONDED BY MAYOR PRO TEM WOLOSIN, TO APPROVE ORDINANCE NO. 2023-06; AN ORDINANCE AMENDING ORDINANCE NO. 2022-29, CAPTIONED, “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 City of Boerne Page 8 City Council Official Meeting Minutes February 28, 2023 6. RESOLUTIONS A. 2023-220 CONSIDER RESOLUTION NO. 2023-R15; A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AND MANAGE AN AGREEMENT BETWEEN THE CITY OF BOERNE AND WSP USA INC. FOR ENGINEERING SERVICES OF THE JOHNS ROAD INTERSECTION IMPROVEMENTS PROJECT FOR AN AMOUNT NOT TO EXCEED $245,320.00, AS PART OF THE 2022 QUALITY OF LIFE BOND PROGRAM TO BE FUNDED THROUGH CAPITAL SURPLUS OF FUND BALANCE TO BE REIMBURSED UPON BOND ISSUANCE. (Improve existing intersection Johns Rd, North School Street, and Main Street) Mayor Handren called on Mr. Jeff Carroll, Director of Engineering and Mobility. Mr. Carroll displayed a map of the intersections at Johns Road by School Street and Main Street. The proposed design scope includes the analysis and design of a roundabout at the intersection of Johns Road and School Street. Staff recommends approval of a contract with WSP USA, Inc. This engineering firm was previously selected in the City of Boerne on-call engineering list approved by City Council. A MOTION WAS MADE BY COUNCIL MEMBER MACALUSO, SECONDED BY COUNCIL MEMBER BODDIE, TO APPROVE RESOLUTION NO. 2023-R15; A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AND MANAGE AN AGREEMENT BETWEEN THE CITY OF BOERNE AND WSP USA INC. FOR ENGINEERING SERVICES OF THE JOHNS ROAD INTERSECTION IMPROVEMENTS PROJECT FOR AN AMOUNT NOT TO EXCEED $245,320.00, AS PART OF THE 2022 QUALITY OF LIFE BOND PROGRAM TO BE FUNDED THROUGH CAPITAL SURPLUS OF FUND BALANCE TO BE REIMBURSED UPON BOND ISSUANCE. (IMPROVE EXISTING INTERSECTION JOHNS RD, NORTH SCHOOL STREET, AND MAIN STREET). 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: City of Boerne Page 9 City Council Official Meeting Minutes February 28, 2023 A. 2023-225 PATRICK HEATH PUBLIC LIBRARY RECEIVED THE 2022 ACHIEVEMENT OF LIBRARY EXCELLENCE AWARD FROM THE TEXAS MUNICIPAL LIBRARY DIRECTOR’S ASSOCIATION (TMLDA). Mayor Handren called on City Manager, Ben Thatcher to present the City Manager's Report. Mr. Thatcher called on Kelly Skovbjerg, Library Director. Ms. Skovbjerg stated that the Patrick Heath Public Library is one of only 73 libraries out of 542 public libraries in Texas that has earned this award. She thanked Ms. Natalie Morgan for putting all the information together to receive the award. B. 2023-226 MONTHLY PROJECTS REPORT. Mr. Thatcher provided a summary of the numerous projects City staff is currently working on. 8. COMMENTS FROM COUNCIL – No discussion or action may take place. Council Member Ty Wolosin congratulated the Boerne Greyhounds. The basketball boys are playing in playoffs and the girls basketball team is playing in the final four. Both the boys and girls soccer teams are undefeated. Council Member Joe Macaluso congratulated Geneva for sportsmanship as well. He stated as part of the Hill Country Alliance group he spent the day in Austin. First time in legislation a water caucus has been formed. There are over 70+ members of the House that have signed on in congress to the water caucus. People should be aware there are over 4,000 bills filed and anticipate another 4,000 for a total of 8,000. Council Member Bryce Boddie recognized the Champion boys basketball team they are also in the playoffs. He praised the library and stated as a community member, walking into the library makes his heart happy. 9. EXECUTIVE SESSION IN ACCORDANCE WITH THE TEXAS GOVERNMENT CODE: Mayor Handren convened the City Council into Executive Session at 6:57 p.m. City of Boerne Page 10 City Council Official Meeting Minutes February 28, 2023 A. 2023-217 SECTION 551.086 - DELIBERATION CONCERNING MUNICIPALLY OWNED UTILITY- DETERMINATION OF COMPETITIVE MATTER: UTILITY RATES FOR GAS. B. 2023-218 CONSIDER RESOLUTION NO. 2023-R16; A RESOLUTION TO RATIFY THE EXECUTION OF A CONTRACT BETWEEN THE CITY OF BOERNE AND EDF TRADING NORTH AMERICA, LLC FOR FINANCIAL HEDGING. C. 2023-227 SECTION 551.071 - CONSULTATION WITH ATTORNEY REGARDING CREATION OF THE RANCHES OF CREEKSIDE PUBLIC IMPROVEMENT DISTRICT AND SECTION 551.087 DELIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS. (PID Ranches at Creekside) 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 7:56 p.m. A. 2023-232 CONSIDER A ONE-TIME READING OF ORDINANCE NO. 2023-07; 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 BODDIE, TO APPROVE A ONE-TIME READING OF ORDINANCE NO. 2023-07; 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: 5 - Mayor Pro Tem Wolosin, Council Member Woolard, Council Member Scott, Council Member Boddie, and Council Member Macaluso B. 2023-233 CONSIDER ORDINANCE NO. 2023-07; AN ORDINANCE ESTABLISHING THE RATE CLASSIFICATIONS AND RATES TO BE CHARGED FOR GAS SERVICE PROVIDED BY THE CITY OF BOERNE UTILITIES, AND REPEALING ORDINANCE NO. 2015-24, DATED AUGUST 25, 2015, AND ALL ORDINANCES OR PARTS OF City of Boerne Page 11 City Council Official Meeting Minutes February 28, 2023 ORDINANCES IN CONFLICT HEREWITH. Mayor Handren called on Finance Director, Ms. Sarah Buckelew. Ms. Buckelew stated this ordinance will not increase gas rates, the purpose of this ordinance is to change the structural calculation of how the cost recovery factor is calculated in order to better mitigate the volatile conditions in the gas market. A MOTION WAS MADE BY COUNCIL MEMBER BODDIE, SECONDED BY COUNCIL MEMBER SCOTT, TO APPROVE ORDINANCE NO. 2023-07; AN ORDINANCE ESTABLISHING THE RATE CLASSIFICATIONS AND RATES TO BE CHARGED FOR GAS SERVICE PROVIDED BY THE CITY OF BOERNE UTILITIES, AND REPEALING ORDINANCE NO. 2015-24, DATED AUGUST 25, 2015, AND ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH. 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 11. ADJOURNMENT Mayor Handren adjourned the City Council Meeting at 7:58 p.m. _______________________________ Mayor _______________________________ City Secretary City of Boerne Page 12