City Council

MINUTES REGULAR CITY COUNCIL MEETING RONALD C. BOWMAN CITY COUNCIL CHAMBERS 447 North Main Street Boerne, TX 78006 April 11, 2023 – 6:00 PM Minutes of the regular City Council Meeting of April 11, 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, Laura Haning, Lissette Jimenez, Mike Mann, Mick McKamie, Steve Perez, Mike Raute, Chris Shadrock, Kristy Stark and Danny Zincke. Registered/Recognized Guests: Teresa Teune, Tome Teune, Olga Moreno, Lisa Morton, Diana Mayo, Pat Mayo, Sandra Billingsley, Mark Turner, Tricia Turner, Vince Martinez, Julian Mithani, Linda and Jim Mazurek, Linda Hare, Jason Repak, Andrea Resendez, Barbara Smith, Judy McGrew, Ian Denbow, Evelyn Salcedo, Teresa South, Jody Perkins, William A. Dever, Denise Dever, Steve Cairns, Brian Fowler, Alex Rudd, Paula Cairns, Robert Imler, Sharon Wright, Tom Adelstein, Alan Cowan, Mike Luckey, Leslyn Boese, Phil Abbott, Doris Patriarca, Christy Mitchell, Matt Mitchell, Joe and Heather Bateman, Reverend Del Eulberg, Sara Hurd, Polly Royer, Maxie Zinsmeister, Bob Grassie, Michael Perkins, Jeff Simmons, Scott McClain, Michelle Bilder, Rachel Kilgore, Julie Baker, Tracy Mock, James Griffin, Cody Allen, Becca Jones, Tony Serva, John Farar, Kristy Farar, Tony Vita, Michael Yost, Frank Ritchie, D. Massey, Charles McCurley, Linda Bannister, Lance B. Kyle, Mike Luckey, Carlin Friar, Susan Friar, George Dullnig, Ed Rogers, Jim and Linda Dekoch, and Lisa Gallick. 1. CALL TO ORDER – 6:00 PM Mayor Handren called the City Council to order at 6:00 p.m. Mayor Handren called on Deacon Del Eulberg of St. Peter the Apostle Catholic City of Boerne Page 1 City Council Official Meeting Minutes April 11, 2023 Church to provide the Invocation. Mayor Handren 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. Mayor Handren called on City Attorney Mick McKamie to state the rules for public participation during the public comments section and the public hearing of the City Council Meeting. 3. PUBLIC COMMENTS: Carlin Friar, 213 W Highland Dr., thanked City Council for the betterment of the community. He stated Boerne is not the place being described on social media. He encouraged everyone to learn about the thoroughfare plan and mobility plan because they're not the same and the lines are guidelines. He stated citizens should step up and serve the community. George Dullnig, 223 Cascade Caverns Rd., asked City Council to raise their hand if they are in favor of eminent domain. He stated he has seen a copy of potential roads going through the properties and asked if the lines or roads can be removed off of the plan. 4. CONSENT AGENDA: A MOTION WAS MADE BY COUNCIL MEMBER WOOLARD, 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. 2023-365 CONSIDER APPROVAL OF THE MINUTES OF THE REGULAR CITY City of Boerne Page 2 City Council Official Meeting Minutes April 11, 2023 COUNCIL MEETING ON MARCH 28, 2023. THE MINUTES WERE APPROVED. B. 2023-327 CONSIDER ON SECOND READING ORDINANCE NO. 2023-10; 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 2 ACRES, LOCATED AT 116 BESS STREET (DIETERT ADDITION LOT 20 & PT 22, KAD NO. 21648) FROM R1-M-EC, MEDIUM-DENSITY RESIDENTIAL ENTRANCE CORRIDOR OVERLAY DISTRICT, TO R4-L-EC, LOW-DENSITY MULTI-FAMILY RESIDENTIAL ENTRANCE CORRIDOR OVERLAY DISTRICT; REPEALING ALL ORDINANCES IN CONFLICT; CONTAINING A SEVERANCE CLAUSE; AND DECLARING AN EFFECTIVE DATE. (Bess Street Holding LLC/ Killen, Griffin & Farrimond, PLLC, one of one hearing, rezoning 116 Bess St. from R1-M-EC to R4-L-EC) THE ORDINANCE WAS APPROVED. C. 2023-328 CONSIDER ON SECOND READING ORDINANCE NO. 2023-11; 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 MULTI-FAMILY DEVELOPMENT WITH LESS THAN 18 UNITS PER ACRE ON 2 ACRES, LOCATED AT 116 BESS STREET (DIETERT ADDITION LOT 20 & PT 22, KAD NO. 21648) IN AN R4-L-EC, LOW-DENSITY MULTI-FAMILY RESIDENTIAL ENTRANCE CORRIDOR OVERLAY DISTRICT; REPEALING ALL ORDINANCES IN CONFLICT; CONTAINING A SEVERANCE CLAUSE; AND DECLARING AN EFFECTIVE DATE. (Bess Street Holding LLC/ Killen, Griffin & Farrimond, PLLC, one of one hearing, SUP for 116 Bess St) THE ORDINANCE WAS APPROVED. D. 2023-367 CONSIDER ON SECOND READING ORDINANCE NO. 2023-15; AN ORDINANCE REPEALING AND REPLACING ORDINANCE NO. 2022-08, CAPTIONED, “ADOPTING THE ENGINEERING DESIGN MANUAL.” City of Boerne Page 3 City Council Official Meeting Minutes April 11, 2023 THE ORDINANCE WAS APPROVED. E. 2023-376 CONSIDER MAYORAL APPOINTMENT OF COUNCIL MEMBER BRYCE BODDIE AS THE CITY REPRESENTATIVE TO THE ALAMO AREA METROPOLITAN PLANNING ORGANIZATION (AAMPO). THE MAYORAL APPOINTMENT WAS APPROVED. REGULAR AGENDA: 5. PRESENTATIONS, PUBLIC HEARINGS, ORDINANCES, AND RESOLUTIONS: Mayor Handren announced that item 5B will be discussed before 5A. B. 2023-329 CONSIDER ON SECOND READING ORDINANCE NO. 2023-14; AN ORDINANCE OF THE CITY OF BOERNE, TEXAS, AMENDING THE BOERNE UNIFIED DEVELOPMENT CODE, ADOPTED BY ORDINANCE NO. 2020-29 ON NOVEMBER 24, 2020, PROVIDING AMENDMENTS TO INCLUDE BUT NOT LIMITED TO CHAPTER 1. GENERAL PROVISIONS, CHAPTER 2. PROCEDURES, CHAPTER 3. ZONING, CHAPTER 4. RESIDENTIAL SITES, CHAPTER 5. NONRESIDENTIAL SITES, CHAPTER 6. SUBDIVISION DESIGN, CHAPTER 7. INFRASTRUCTURE DESIGN, CHAPTER 8. ENVIRONMENTAL DESIGN, CHAPTER 9. SIGNAGE AND APPENDICES; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING FOR A PENALTY FOR VIOLATION FINES NOT TO EXCEED $1,000 FOR EACH SEPARATE OFFENSE; AND CONTAINING A SEVERANCE CLAUSE. (Amendments to Unified Development Code) Mayor Handren called on Ms. Laura Haning, Planning Director. Ms. Haning stated that City Council approved the changes, on the first reading of this ordinance to the Unified Development Code (UDC) with the addition of Section 3.10.A.5 Overlay Districts Generally at the last City Council meeting. She reviewed additional changes made as discussed at the last City Council meeting. Discussion ensued on the definition of development and plat requirements and plat exceptions. Staff recommends approval of the proposed amendments to the UDC with the addition of Section 2.6.A.7 Plat Exemptions. City of Boerne Page 4 City Council Official Meeting Minutes April 11, 2023 A MOTION WAS MADE BY MAYOR PRO TEM WOLOSIN, SECONDED BY COUNCIL MEMBER SCOTT, TO APPROVE ON SECOND READING ORDINANCE NO. 2023-14; AN ORDINANCE OF THE CITY OF BOERNE, TEXAS, AMENDING THE BOERNE UNIFIED DEVELOPMENT CODE, ADOPTED BY ORDINANCE NO. 2020-29 ON NOVEMBER 24, 2020, PROVIDING AMENDMENTS TO INCLUDE BUT NOT LIMITED TO CHAPTER 1. GENERAL PROVISIONS, CHAPTER 2. PROCEDURES, CHAPTER 3. ZONING, CHAPTER 4. RESIDENTIAL SITES, CHAPTER 5. NONRESIDENTIAL SITES, CHAPTER 6. SUBDIVISION DESIGN, CHAPTER 7. INFRASTRUCTURE DESIGN, CHAPTER 8. ENVIRONMENTAL DESIGN, CHAPTER 9. SIGNAGE AND APPENDICES; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING FOR A PENALTY FOR VIOLATION FINES NOT TO EXCEED $1,000 FOR EACH SEPARATE OFFENSE; AND CONTAINING A SEVERANCE CLAUSE TO INCLUDE SECTION 3.10 OVERLAY DISTRICTS GENERALLY AND SECTION 2.6 PLATTING PROCEDURE, A. GENERALLY, 7. PLAT EXEMPTIONS, EXCEPTIONS, WAIVERS AND APPEALS ADDING SUBSECTION II, III, AND IV AS PRESENTED. (AMENDMENTS TO UNIFIED DEVELOPMENT CODE). 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. 2023-366 PUBLIC HEARING AND CONSIDER RESOLUTION NO. 2023-R26; A RESOLUTION OF THE CITY OF BOERNE, TEXAS, ADOPTING A MAJOR THOROUGHFARE PLAN; SUPERSEDING, REPEALING AND REPLACING ANY MAJOR THOROUGHFARE PLAN PREVIOUSLY ADOPTED BY CITY COUNCIL; AND AFFIRMING THAT PRESCRIBED NOTICE AND HEARING REQUIREMENTS WERE MET. (Second of two hearings, adopt Major Thoroughfare Plan and supersede previous Major Thoroughfare Plan) Mayor Handren called on Mr. Jeff Carroll, Engineering & Mobility Director. He displayed previous thoroughfare plans and reviewed the history of thoroughfare plans in Boerne with the first being adopted in 1974. Mr. Carroll displayed maps of development in Boerne from 2005 compared to 2023. He stated Boerne will continue to grow. He verbalized environmental codes that are implemented by the City and reiterated that any development that occurs in the City or extra territorial jurisdiction (ETJ) has to follow these codes. He reviewed the updates being proposed tonight to include suggestions from the City of Boerne Page 5 City Council Official Meeting Minutes April 11, 2023 Kendall County Boerne Fair Oaks Transportation Board, the plan created location-based context areas for roadway sections, increase sidewalk width, and displayed a map reflecting proposed roadways removed from previously platted areas. Discussion ensued about the purpose of the thoroughfare plan which is to provide future connectivity if development occurs. Mayor Handren opened the Public Hearing at 6:49 p.m. Charles McCurley, 314 Wollschlaeger and majority owner of 504 Main Street, thanked all of council and addressed a petition against Wollschlaeger "cut-through" to Pfeiffer Road which was provided to city council members before the meeting began. Mr. McCurley stated he is not opposed to building roads but the dotted line from Wollschlaeger to Pfeiffer should be removed from the thoroughfare plan. Paula Cairns, 43 Spring Creek Rd., referred to an email sent to all City Council Members on April 11, 2023 with a thoroughfare map from the 1970's and emails she obtained from TxDOT. She said the city should be aware that the thoroughfare plan can provide TxDOT to re-route Hwy 46. She expressed her opposition and concerns with the thoroughfare plan. Bryan Fowler, 441 Oak Park, stated he has heard various complaints about the Major Thoroughfare Plan. He said there seems to be confusion that the city controls growth in the city limits and that developments are often in the ETJ. These impact the infrastructure of the City of Boerne and there is not much the city can do to stop it. Mr. Fowler stated locals are using Oak Park to bypass traffic. He affirmed that council must plan ahead to relieve traffic to preserve the way of living of downtown residents. Linda Banister, 106 Deer Lake Dr., stated that change is affecting everyone. She expressed her concerns and opposition to the thoroughfare plan. Alex Rudd, 68 La Cancion Dr, referred to an email sent to the City on April 7, 2023, regarding her research on thoroughfare impacts on Cascade Caverns watershed/evaluation of stormwater control measures. She spoke on concerns with flooding and impervious cover. City of Boerne Page 6 City Council Official Meeting Minutes April 11, 2023 Denise L. Dever, 53 Silent Springs, thanked council for listening. Stated she is still very concerned and referenced the Gateway Study from 2019. She stated honesty and transparency are important. Lance Kyle, 226 Cascade Caverns Rd, said he sent an email with comments to council members. He stated that the lines on Cascade Caverns Road shows the city is out of touch with citizens. He questioned if Boerne needs three roads in the southeast quadrants. Tom Adelstein, 126 Kendall Ridge, questioned if the city will finish developing roads on the plan and can this city council restrict future councils from using eminent domain. He suggested working with the school to make more kids ride the school bus. Mike Luckey, 110 Walters Rd., said if the lines are on the map then TxDOT has authority to use eminent domain. He expressed that the city needs a bypass not a loop and Old No. 9 would be the easiest way to alleviate traffic. Michael Yost, 140 Woodland Ranch Rd, thanked the city council members for serving. He stated he is worried about eminent domain because a proposed road goes through his property and 855 homes are planned next door. He believes eminent domain should be used for the greater good of the public not for the benefit of the developer. Mayor Handren closed the Public Hearing at 7:21 p.m. A MOTION WAS MADE BY MAYOR PRO TEM WOLOSIN, SECONDED BY COUNCIL MEMBER WOOLARD, TO APPROVE RESOLUTION NO. 2023-R26; A RESOLUTION OF THE CITY OF BOERNE, TEXAS, ADOPTING A MAJOR THOROUGHFARE PLAN; SUPERSEDING, REPEALING AND REPLACING ANY MAJOR THOROUGHFARE PLAN PREVIOUSLY ADOPTED BY CITY COUNCIL; AND AFFIRMING THAT PRESCRIBED NOTICE AND HEARING REQUIREMENTS WERE MET. (SECOND OF TWO HEARINGS, ADOPT MAJOR THOROUGHFARE PLAN AND SUPERSEDE PREVIOUS MAJOR THOROUGHFARE PLAN). THE MOTION CARRIED BY THE FOLLOWING VOTE: City of Boerne Page 7 City Council Official Meeting Minutes April 11, 2023 Yeah: 5 - Mayor Pro Tem Wolosin, Council Member Woolard, Council Member Scott, Council Member Boddie, and Council Member Macaluso C. 2023-330 CONSIDER A ONE-TIME READING OF ORDINANCE NO. 2023-16; 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. 2023-16; 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 D. 2023-326 CONSIDER ORDINANCE NO. 2023-16; AN ORDINANCE AMENDING ORDINANCE NO. 2022-29, CAPTIONED “AN ORDINANCE 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”. (Amend the fee ordinance to include fees for Site Development Permit) Mr. Jeff Carroll continued informing the City Council of the need to amend this ordinance to include site development permit fees which was created by the changes in the Unified Development Code. The proposed fee is $260.00 + $25.00 per acres or per lot, whichever is greater. City of Boerne Page 8 City Council Official Meeting Minutes April 11, 2023 A MOTION WAS MADE BY COUNCIL MEMBER SCOTT, SECONDED BY MAYOR PRO TEM WOLOSIN, TO APPROVE ORDINANCE NO. 2023-16; AN ORDINANCE AMENDING ORDINANCE NO. 2022-29, CAPTIONED “AN ORDINANCE 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”. (AMEND THE FEE ORDINANCE TO INCLUDE FEES FOR SITE DEVELOPMENT PERMIT). 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. 2023-377 CONSIDER RESOLUTION NO. 2023-R27; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOERNE IN SUPPORT OF HB NO. 3165 RELATING TO ESTABLISHMENT, ADMINISTRATION, AND USE OF THE LAND AND WATER CONSERVATION FUND AND ALLOCATIONS AND TRANSFERS OF MONEY TO THAT FUND, THE ECONOMIC STABILIZATION FUND, AND THE STATE HIGHWAY FUND. Mayor Handren called on Council Member Macaluso. Council Member Macaluso stated if this bill is approved it would create a Texas Land & Water Conservation Fund and will allocate a $2 billion transfer from the Texas Rainy Day Fund. The fund creation, if passed will be on the November ballot for voters. Council Member Macaluso stated his support for HB 3165. A MOTION WAS MADE BY COUNCIL MEMBER WOOLARD, SECONDED BY MAYOR PRO TEM WOLOSIN, TO APPROVE RESOLUTION NO. 2023-R27; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOERNE IN SUPPORT OF HB NO. 3165 RELATING TO ESTABLISHMENT, ADMINISTRATION, AND USE OF THE LAND AND WATER CONSERVATION FUND AND ALLOCATIONS AND TRANSFERS OF MONEY TO THAT FUND, THE ECONOMIC STABILIZATION FUND, AND THE STATE HIGHWAY FUND. THE MOTION CARRIED BY THE FOLLOWING VOTE: Yeah: 4 - Mayor Pro Tem Wolosin, Council Member Woolard, Council Member Boddie, and Council Member Macaluso City of Boerne Page 9 City Council Official Meeting Minutes April 11, 2023 Nay: 1 - Council Member Scott F. 2023-378 CONSIDER RESOLUTION NO. 2023-R28; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOERNE IN SUPPORT OF HB NO. 3995 RELATING TO THE REGULATORY AUTHORITY OF CERTAIN COUNTIES TO PROTECT THE OPERATIONS OF MILITARY INSTALLATIONS. Council Member Macaluso stated his support for HB 3995. A MOTION WAS MADE BY COUNCIL MEMBER MACALUSO, SECONDED BY COUNCIL MEMBER WOOLARD, TO APPROVE RESOLUTION NO. 2023-R28; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOERNE IN SUPPORT OF HB NO. 3995 RELATING TO THE REGULATORY AUTHORITY OF CERTAIN COUNTIES TO PROTECT THE OPERATIONS OF MILITARY INSTALLATIONS. 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. PRESENTATION A. 2023-363 UPDATE ON SOLAR ECLIPSE EVENT PLANNING. Mayor Handren called on Ms. Lissette Jimenez, Parks Director, and Police Chief Steve Perez. There will be two eclipses in the next two years, six months apart. An Annular Eclipse on October 14, 2023, and a Total Eclipse on April 8, 2024. They addressed traffic, public safety, event management and eye safety. The city is collaborating with the Boerne Chamber of Commerce, Boerne ISD, H-E-B, TxDOT, Texas Division of Emergency Management, and electric coop's to plan for these events. 7. COMMENTS FROM COUNCIL – No discussion or action may take place. Mayor Pro Tem Wolosin announced the Boerne High School Girls Soccer Team plays tomorrow and that the boys lost in double over-time. He also encouraged residents to be part of the process and contact their elected official to City of Boerne Page 10 City Council Official Meeting Minutes April 11, 2023 understand the issues. Council Member Macaluso stated he thought there would be better turn out tonight. He also encouraged residents to reach out and ask questions. 8. EXECUTIVE SESSION IN ACCORDANCE WITH THE TEXAS GOVERNMENT CODE: Mayor Handren convened the City Council into Executive Session at 7:55 p.m. A. 2023-370 SECTION 551.072 - DELIBERATION REGARDING REAL PROPERTY, DISCUSSION ON VALUE OF LAND, IMPROVEMENTS, AND POSSIBLE SALE OF FORMER PUBLIC WORKS BUILDING. (400 E Blanco Rd.) No action was taken. 9. 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 8:07 p.m. 10. ADJOURNMENT Mayor Handren adjourned the City Council Meeting at 8:07 p.m. _______________________________ Mayor _______________________________ City Secretary City of Boerne Page 11