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City Council

Regular Meeting

Boerne, TX · April 25, 2023

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Minutes

MINUTES REGULAR CITY COUNCIL MEETING RONALD C. BOWMAN CITY COUNCIL CHAMBERS 447 North Main Street Boerne, TX 78006 April 25, 2023 – 6:00 PM Minutes of the Regular City Council Meeting of April 25, 2023. 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 Staff Present: Ben Thatcher, Siria Arreola, Jeff Carroll, Lori Carroll, Laura Haning, Mike Mann, Mick McKamie, Nick Montagno, Mike Raute, Steven Riggs, Kristy Stark, Jeanette Teague, Larry Woods, and Danny Zincke. Registered/Recognized Guests: Adrian Ellenwood, Stacy Ellenwood, Nancy Green White, Art Wilson, Brad Wilson, Catherine Sealy, Karen Wolters, Robert Thornton, Lenore Ockerberg, Kenneth Ockerberg, Sharon Wright, Megan Flanigen, Joe Bateman, Heather Bateman, Christina Ryrholm, Maxie Zinsmeister, and Chet Hawkins. 1. CALL TO ORDER – 6:00 PM Mayor Pro Tem Wolosin called the City Council meeting to order at 6:00 p.m. 2. CONFLICTS OF INTEREST No conflicts were declared. 3. PUBLIC COMMENTS: Brad Wilson, 123 East Evergreen stated that he has a small home used for rental property and loves hosting people. He said the owners of the 75 short term rentals in Boerne love being ambassadors of Boerne. He provided two handouts to the city council members. City of Boerne Page 1 City Council Official Meeting Minutes April 25, 2023 Maxie Zinsmeister, 24 Fritz Grosser Road spoke on taxes required on short term rentals to include those properties outside the city limits. Chet Hawkins, 418 West Irons stated he has been a short term rental owner for a number years. He is opposed to the proposed restrictions and feels the process is a little broken. Nancy White, 401 Breckenridge stated that she has been at this address for 40 plus years. She spoke on her short term rental usage. The revenue she receives supplements her income. She feels the proposed ordinance is too restrictive. She requested that the ordinance be tabled. Lenore Ockerberg, 113 Wanda stated that she feels the proposed ordinance is an overreach of government. She suggested that short term rental owners be on a subcommittee to contribute their experience. She suggested the proposed ordinance be tabled. Art Wilson, 39665 IH-10W stated that he has been in Boerne for 38 years. He has had a short term rental for four years. His property is rented 90% of weekends and he has had zero problems. He urged council to get collaborative with short term rental owners. Travis Roberson, 313 Frey stated he owns property at the corner of Aransas Pass and River Road which was approved to be a short term rental at the time the property was purchased. He suggested that short tem rentals be allowed in a commercial zone. Rodney Beard, 121 2nd Street stated that he purchased and remodeled a home on 2nd Street. Boerne has a lot to offer and needs tourists. There should not be a restriction on areas of town. He suggested the proposed ordinance be tabled and involve short term rental owners in discussions. 4. CONSENT AGENDA: City of Boerne Page 2 City Council Official Meeting Minutes April 25, 2023 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. 2023-388 CONSIDER APPROVAL OF THE MINUTES OF THE REGULAR CITY COUNCIL MEETING ON APRIL 11, 2023. THE MINUTES WERE APPROVED. B. 2023-390 CONSIDER RESOLUTION NO. 2023-R29; A RESOLUTION AUTHORIZING AN ADDITIONAL PAYMENT OF $5,000.00 FOR A TOTAL NOT TO EXCEED $105,000.00 TO SGR FOR RECRUITMENT OF A FIRE CHIEF AND SERVICES OF INTERIM FIRE CHIEF. (Agreement approved on December 13, 2022, for an amount not to exceed $100,000.00, requesting an additional $5,000.00) THE RESOLUTION WAS APPROVED. C. 2023-395 CONSIDER RESOLUTION NO. 2023-R30; A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AND MANAGE AN AGREEMENT BETWEEN THE CITY OF BOERNE AND RPGA DESIGN GROUP, INC. FOR PLANNING AND PRE-DESIGN SERVICES OF FIRE STATION #2 FOR AN AMOUNT NOT TO EXCEED $40,000.00. (Architectural Test-Fit Site Plan Study and Civil Engineering Feasibility Study for Fire Station #2) THE RESOLUTION WAS APPROVED. 7A. 2023-312 INTRODUCTION OF CHIEF BUILDING OFFICIAL, STEVE RIGGS. Mayor Pro tem Wolosin called on City Manager Ben Thatcher to introduce Steve Riggs, the city's new Chief Building Official. Mr. Riggs stated that he has lived in the Boerne area since 2003 and was most recently employed with the City of Kerrville. REGULAR AGENDA City of Boerne Page 3 City Council Official Meeting Minutes April 25, 2023 5. PRESENTATIONS, PUBLIC HEARINGS, AND ORDINANCES: A. 2023-387 CONSIDER ON FIRST READING ORDINANCE NO. 2023-17; AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF BOERNE, TEXAS, CHAPTER 2. ADMINISTRATION, ARTICLE IV. RECORDS MANAGEMENT PROGRAM; AND AMENDING THE RECORDS MANAGEMENT PLAN. (Amendments to Records Management Program and Records Management Plan) Mayor Pro Tem Wolosin called on Ms. Lori Carroll, City Secretary. Ms. Carroll stated that the city has had a records management plan for years. The plan was formally adopted in 2014, when the Local Government Records Act required municipalities to adopt a Records Management Program by ordinance. Ms. Carroll stated the proposed minor changes to the plan are necessary to keep the plan up to date. A MOTION WAS MADE BY COUNCIL MEMBER WOOLARD, SECONDED BY COUNCIL MEMBER MACALUSO, TO APPROVE ON FIRST READING ORDINANCE NO. 2023-17; AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF BOERNE, TEXAS, CHAPTER 2. ADMINISTRATION, ARTICLE IV. RECORDS MANAGEMENT PROGRAM; AND AMENDING THE RECORDS MANAGEMENT PLAN. (AMENDMENTS TO RECORDS MANAGEMENT PROGRAM AND RECORDS MANAGEMENT PLAN). 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. 2023-369 CONSIDER THE UN-TABLING OF ORDINANCE NO. 2023-09, AS DESCRIBED BELOW. (Tabled on March 14, 2023) A MOTION WAS MADE BY COUNCIL MEMBER BODDIE, SECONDED BY COUNCIL MEMBER SCOTT, TO UN-TABLE ORDINANCE NO. 2023-09, AS DESCRIBED BELOW. (TABLED ON MARCH 14, 2023). 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 4 City Council Official Meeting Minutes April 25, 2023 C. 2023-389 CONSIDER ON FIRST READING ORDINANCE NO. 2023-09; AN ORDINANCE OF THE CITY OF BOERNE, TEXAS, REPEALING AND REPLACING CHAPTER 23 OF THE CODE OF ORDINANCES, CITY OF BOERNE, TEXAS, TO GOVERN SHORT-TERM RENTALS; PROVIDING REGULATIONS AND PERMITTING FOR THE OPERATION AND USE OF SHORT-TERM RENTALS; AMENDING THE UNIFIED DEVELOPMENT CODE REGULATIONS GOVERNING SHORT-TERM RENTALS; PROVIDING THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR VIOLATION; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; PROVIDING AN EFFECTIVE DATE; AND ACKNOWLEDGING COMPLIANCE WITH THE TEXAS OPEN MEETINGS ACT. (Regulation of short-term rental properties) Mayor Pro Tem called on Ms. Laura Haning, Planning Director. Ms. Haning provided the history of discussions regarding short term rentals (STR's). Recent public surveys reflected concerns with safety, distance, and retaining neighborhood character. Ms. Haning stated that the intent was never to do away with STR's. She spoke on market details to include proposed permit fee, inspection fee, and rental data. She reviewed the highlights of the proposed ordinance. Discussion ensued regarding allowing STR's in multi-family properties, inspections, transfer of ownership, time period for inspections, ETJ restrictions, decision making for special exceptions, and proposed state legislation. Mayor Pro Tem suggested that the proposed ordinance be tabled until not later than June 27th and that Council Member Woolard and Council Boddie who were on the previous subcommittee continue discussions with short term rental owners. City of Boerne Page 5 City Council Official Meeting Minutes April 25, 2023 A MOTION WAS MADE BY COUNCIL MEMBER WOOLARD, SECONDED BY COUNCIL MEMBER MACALUSO, TO TABLE UNTIL ON OR BEFORE JUNE 27, 2023. ORDINANCE NO. 2023-09; AN ORDINANCE OF THE CITY OF BOERNE, TEXAS, REPEALING AND REPLACING CHAPTER 23 OF THE CODE OF ORDINANCES, CITY OF BOERNE, TEXAS, TO GOVERN SHORT-TERM RENTALS; PROVIDING REGULATIONS AND PERMITTING FOR THE OPERATION AND USE OF SHORT-TERM RENTALS; AMENDING THE UNIFIED DEVELOPMENT CODE REGULATIONS GOVERNING SHORT-TERM RENTALS; PROVIDING THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR VIOLATION; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; PROVIDING AN EFFECTIVE DATE; AND ACKNOWLEDGING COMPLIANCE WITH THE TEXAS OPEN MEETINGS ACT. (REGULATION OF SHORT-TERM RENTAL PROPERTIES). 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. 2023-321 CONSIDER RESOLUTION NO. 2023-R31; A RESOLUTION AUTHORIZING THE PURCHASE OF A VOLVO L60H LOADER FOR AN AMOUNT NOT TO EXCEED $186,456.00 AND AUTHORIZING THE CITY MANAGER TO ENTER INTO AND MANAGE A LEASE/PURCHASE AGREEMENT BETWEEN THE CITY OF BOERNE AND FROST BANK. (Purchase loader for the Street Department) Mayor Pro Tem Wolosin called on Mr. Jeff Carroll, Engineering and Mobility Director. Mr. Carroll discussed the need for a new loader for the street department. The lease/purchase agreement with Frost Bank was required before moving forward with ordering the loader. The loader will take approximately 2 months to arrive after ordering. City of Boerne Page 6 City Council Official Meeting Minutes April 25, 2023 A MOTION WAS MADE BY COUNCIL MEMBER MACALUSO, SECONDED BY COUNCIL MEMBER WOOLARD, TO APPROVE RESOLUTION NO. 2023-R31; A RESOLUTION AUTHORIZING THE PURCHASE OF A VOLVO L60H LOADER FOR AN AMOUNT NOT TO EXCEED $186,456.00 AND AUTHORIZING THE CITY MANAGER TO ENTER INTO AND MANAGE A LEASE/PURCHASE AGREEMENT BETWEEN THE CITY OF BOERNE AND FROST BANK. (PURCHASE LOADER FOR THE STREET DEPARTMENT). 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. 2023-279 CONSIDER RESOLUTION NO. 2023-R32; A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AND MANAGE AN AGREEMENT BETWEEN THE CITY OF BOERNE AND FREESE AND NICHOLS, INC. FOR THE ENGINEERING DESIGN AND CONSTRUCTION PHASE SERVICES FOR THE ADLER ROAD IMPROVEMENTS PROJECT FOR AN AMOUNT NOT TO EXCEED $1,618,052.00, 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. (2022 BOND project, Reconstruction of Adler Road from N. Main St to N. Esser Road) Mr. Carroll continued with the reconstruction of Adler Road. Mr. Carroll stated in November 2022 with the Quality of Life Bond Election, the voters approved improvements to roadway infrastructure, turn lanes, intersection and traffic signals. Adler Road was selected to be included in the Bond proposal. Freese and Nichols, Inc. is currently working on culvert improvements along Adler Road so they are familiar with project. City of Boerne Page 7 City Council Official Meeting Minutes April 25, 2023 A MOTION WAS MADE BY COUNCIL MEMBER MACALUSO, SECONDED BY MAYOR PRO TEM WOLOSIN, TO APPROVE RESOLUTION NO. 2023-R32; A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AND MANAGE AN AGREEMENT BETWEEN THE CITY OF BOERNE AND FREESE AND NICHOLS, INC. FOR THE ENGINEERING DESIGN AND CONSTRUCTION PHASE SERVICES FOR THE ADLER ROAD IMPROVEMENTS PROJECT FOR AN AMOUNT NOT TO EXCEED $1,618,052.00, 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. (2022 BOND PROJECT, RECONSTRUCTION OF ADLER ROAD FROM N. MAIN ST TO N. ESSER ROAD). 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. 2023-314 CONSIDER RESOLUTION NO. 2023-R33; A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AND MANAGE AN AGREEMENT BETWEEN THE CITY MANAGER AND PAWELEK & MOY, INC. FOR ENGINEERING DESIGN AND CONSTRUCTION PHASE SERVICES FOR THE STREET RECONSTRUCTION PROJECTS FOR AN AMOUNT NOT TO EXCEED $99,620.00, 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. (2022 BOND project to include Parkway Drive, W. Kronkosky Street, W Blanco Road, and Shooting Club Road) Mr. Carroll continued with discussion on street reconstruction projects which the voters approved with a Quality of Life Bond Election in November 2022. Projects identified as the poorest rated streets are Parkway Drive, W. Kronkosky Street, W. Blanco Road, and Shooting Club Road. The agreement with Pawelek & Moy, Inc. will include survey, design, bidding and construction phase services. City of Boerne Page 8 City Council Official Meeting Minutes April 25, 2023 A MOTION WAS MADE BY COUNCIL MEMBER MACALUSO, SECONDED BY COUNCIL MEMBER WOOLARD, TO APPROVE RESOLUTION NO. 2023-R33; A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AND MANAGE AN AGREEMENT BETWEEN THE CITY MANAGER AND PAWELEK & MOY, INC. FOR ENGINEERING DESIGN AND CONSTRUCTION PHASE SERVICES FOR THE STREET RECONSTRUCTION PROJECTS FOR AN AMOUNT NOT TO EXCEED $99,620.00, 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. (2022 BOND PROJECT TO INCLUDE PARKWAY DRIVE, W. KRONKOSKY STREET, W BLANCO ROAD, AND SHOOTING CLUB ROAD). 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. 2023-371 CONSIDER RESOLUTION NO. 2023-R34; A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AND MANAGE AN ADVANCE FUNDING AGREEMENT FOR SURFACE TRANSPORTATION BLOCK GRANT-ROAD WIDENING OFF-SYSTEM BETWEEN THE CITY OF BOERNE AND TEXAS DEPARTMENT OF TRANSPORTATION (TXDOT) FOR CASCADE CAVERNS ROADWAY IMPROVEMENT PROJECT. (AFA for improvements on Cascade Caverns Road, Old San Antonio Road, and Scenic Loop Road) Mr. Carroll continued with the Cascade Caverns Road improvements. Mr. Carroll stated as part of the Alamo Area Metropolitan Planning Organization (AAMPO) project, in order to move forward with the next phase of the project, the city must execute an Advance Funding Agreement (AFA) which establishes the terms of participation and financial contributions at the local, state, and federal level. The city will be refunded 70% of eligible roadway and drainage construction costs. City of Boerne Page 9 City Council Official Meeting Minutes April 25, 2023 A MOTION WAS MADE BY COUNCIL MEMBER MACALUSO, SECONDED BY MAYOR PRO TEM WOLOSIN, TO APPROVE RESOLUTION NO. 2023-R34; A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AND MANAGE AN ADVANCE FUNDING AGREEMENT FOR SURFACE TRANSPORTATION BLOCK GRANT-ROAD WIDENING OFF-SYSTEM BETWEEN THE CITY OF BOERNE AND TEXAS DEPARTMENT OF TRANSPORTATION (TXDOT) FOR CASCADE CAVERNS ROADWAY IMPROVEMENT PROJECT. (AFA FOR IMPROVEMENTS ON CASCADE CAVERNS ROAD, OLD SAN ANTONIO ROAD, AND SCENIC LOOP ROAD). 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. 2023-386 CONSIDER RESOLUTION NO. 2023-R35; A RESOLUTION OF THE CITY OF BOERNE RATIFYING AN EMERGENCY EXPENDITURE BY CITY STAFF AND AUTHORIZING A PAYMENT TO TAS ENVIRONMENTAL SERVICES, LP FOR CLEANING OF INFLUENT BOXES AT THE OLD SAN ANTONIO ROAD WASTEWATER TREATMENT AND RECYCLING CENTER FOR AN AMOUNT NOT TO EXCEED $60,612.00. (Vacuum cleaning of influent boxes) Mayor Pro Tem Wolosin called on Mr. Mike Mann, Utilities Director. Mr. Mann explained that TAS Environmental Services, LP was scheduled for cleaning of influent boxes at the Wastewater Treatment and Recycling Center. Prior to their arrival, staff noticed the typical plant flow suddenly decreased. It was found that it was due to stoppage between the incoming junction box and lift station wet well. The contractor was asked to arrive earlier to alleviate the additional accumulated materials which was in addition to the original scope of work. City of Boerne Page 10 City Council Official Meeting Minutes April 25, 2023 A MOTION WAS MADE BY COUNCIL MEMBER MACALUSO, SECONDED BY COUNCIL MEMBER BODDIE, TO APPROVE RESOLUTION NO. 2023-R35; A RESOLUTION OF THE CITY OF BOERNE RATIFYING AN EMERGENCY EXPENDITURE BY CITY STAFF AND AUTHORIZING A PAYMENT TO TAS ENVIRONMENTAL SERVICES, LP FOR CLEANING OF INFLUENT BOXES AT THE OLD SAN ANTONIO ROAD WASTEWATER TREATMENT AND RECYCLING CENTER FOR AN AMOUNT NOT TO EXCEED $60,612.00. (VACUUM CLEANING OF INFLUENT BOXES). 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. 2023-381 CONSIDER RESOLUTION NO. 2023-R36; A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AND MANAGE AN AGREEMENT TO PROVIDE PROFESSIONAL SERVICES, ARCHITECTS, ENGINEERS, AND BUILDING OFFICIALS BETWEEN THE CITY OF BOERNE AND AOKA ENGINEERING LLC DBA: AOKA CODE CONSULTING FOR AN AMOUNT NOT TO EXCEED $151,005.00. (Plan Review) Mayor Pro Tem Wolosin called on Ms. Laura Haning, Planning Director. She explained that with the retirement of Jesse Aguirre, AOKA Code Consulting was hired to review plans. Staff would like to continue to use AOKA through the end of the physical year to give the new Chief Building Official time with the city. A MOTION WAS MADE BY COUNCIL MEMBER SCOTT, SECONDED BY MAYOR PRO TEM WOLOSIN, TO APPROVE RESOLUTION NO. 2023-R36; A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AND MANAGE AN AGREEMENT TO PROVIDE PROFESSIONAL SERVICES, ARCHITECTS, ENGINEERS, AND BUILDING OFFICIALS BETWEEN THE CITY OF BOERNE AND AOKA ENGINEERING LLC DBA: AOKA CODE CONSULTING FOR AN AMOUNT NOT TO EXCEED $151,005.00. (PLAN REVIEW). 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 11 City Council Official Meeting Minutes April 25, 2023 7. CITY MANAGER'S REPORT: B. 2023-368 VISIT BOERNE ANNUAL UPDATE. Mayor Pro Tem Wolosin called on Mr. Larry Woods, Visit Boerne Director to provide an annual update of the Visit Boerne. C. 2023-288 MONTHLY PROJECTS REPORT. City Manager Ben Thatcher provided an update on various city projects. 8. COMMENTS FROM COUNCIL – No discussion or action may take place. Council Member Macaluso acknowledged the Champion High School symphony orchestra, the Geneva School choir, and Geneva year book and congratulated them on their successes this year. Mayor Pro Tem Wolosin responded to various comments he has received relating to the lack of communication with Kendall County. He explained that the city council oversees the city manager and communications with the county are through the city manager. Communication should be two-way. He stated that the structure of the two elected bodies work differently. All city residents pay county taxes. The city council is a volunteer position whereas the commissioners earn a salary. 9. EXECUTIVE SESSION IN ACCORDANCE WITH THE TEXAS GOVERNMENT CODE: Mayor Pro Tem Wolosin convened the City Council into Executive Session at 8:24 p.m. A. 2023-394 SECTION 551.072 - TO DELIBERATE THE PURCHASE 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. (Utility Easement at the north end of Ranch Drive) City of Boerne Page 12 City Council Official Meeting Minutes April 25, 2023 No action was taken. B. 2023-296 SECTION 551.071 - CONSULTATION WITH CITY ATTORNEY TO DISCUSS LEGAL ISSUES RELATED TO DELEGATE AGENCY AGREEMENTS. No action was taken. C. 2023-361 SECTION 551.071 - CONSULTATION WITH CITY ATTORNEY AND SECTION 551.087 - DELIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS REGARDING DEVELOPMENT AGREEMENT BETWEEN BOERNEBAK AND CITY OF BOERNE. No action was taken. D. 2023-398 SECTION 551.071 - CONSULTATION WITH CITY ATTORNEY REGARDING ANNEXATION, DISANNEXATION AND PROPOSED LEGISLATION. No action was taken. 10. 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 meeting at 9:27 p.m. No action was taken. 11. ADJOURNMENT Mayor Pro Tem Wolosin adjourned the City Council meeting at 9:27 p.m. _______________________________ Mayor City of Boerne Page 13 City Council Official Meeting Minutes April 25, 2023 _______________________________ City Secretary City of Boerne Page 14

Agenda

AGENDA REGULAR CITY COUNCIL MEETING RONALD C. BOWMAN CITY COUNCIL CHAMBERS 447 North Main Street Boerne, TX 78006 April 25, 2023 – 6:00 PM A quorum of the City Council will be present during the meeting at: 447 N Main, Boerne, TX 78006. During the meeting, the City Council may meet in executive session, as to the posted subject matter of this City Council meeting, under these exceptions of Chapter 551 of the Texas Government Code; sections 551.071 (Consultation with Attorney), 551.072 (Deliberation Regarding Real Property), 551.073 (Deliberation Regarding Gifts), 551.074 (Personnel/Officers), 551.076 (Deliberation Regarding Security Devices), and Section 551.087 (Deliberation Regarding Economic Development Negotiations). 1. CALL TO ORDER – 6:00 PM MOMENT OF SILENCE PLEDGE OF ALLEGIANCE TO THE UNITED STATES FLAG PLEDGE OF ALLEGIANCE TO THE TEXAS FLAG (Honor the Texas flag, I pledge allegiance to thee, Texas – one state under God, one and indivisible.) 2. CONFLICTS OF INTEREST 3. PUBLIC COMMENTS: This is the opportunity for visitors and guests to address the City Council on any issue, in compliance with LGC Section 551.007. City Council may not discuss any presented issue, nor may any action be taken on any issue at this time. (Attorney General opinion – JC-0169) 4. CONSENT AGENDA: All items listed below within the Consent Agenda are considered to be routine by the City Council and may be enacted with one motion. There will be no separate discussion of items unless a Council Member or citizen so requests, in which event the item may be moved to the general order of business and considered in its normal sequence. A. 2023-388 CONSIDER APPROVAL OF THE MINUTES OF THE REGULAR CITY COUNCIL MEETING ON APRIL 11, 2023. Attachments: Minutes.23.0411 City of Boerne Page 1 Printed on 4/21/2023 City Council Agenda April 25, 2023 B. 2023-390 CONSIDER RESOLUTION NO. 2023-R29; A RESOLUTION AUTHORIZING AN ADDITIONAL PAYMENT OF $5,000.00 FOR A TOTAL NOT TO EXCEED $105,000.00 TO SGR FOR RECRUITMENT OF A FIRE CHIEF AND SERVICES OF INTERIM FIRE CHIEF. (Agreement approved on December 13, 2022, for an amount not to exceed $100,000.00, requesting an additional $5,000.00) Attachments: AIS SGR agreements for Fire Chief Requitment and Interim Services increase 4.25.23 Resolution No. 2023-R29 C. 2023-395 CONSIDER RESOLUTION NO. 2023-R30; A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AND MANAGE AN AGREEMENT BETWEEN THE CITY OF BOERNE AND RPGA DESIGN GROUP, INC. FOR PLANNING AND PRE-DESIGN SERVICES OF FIRE STATION #2 FOR AN AMOUNT NOT TO EXCEED $40,000.00. (Architectural Test-Fit Site Plan Study and Civil Engineering Feasibility Study for Fire Station #2) Attachments: AIS Fire Station 2 design Resolution No. 2023-R30 City of Boerne Test Fit Site Plan - Feasibility Study Proposal 04 -11-23 Location Map six acre site REGULAR AGENDA 5. PRESENTATIONS, PUBLIC HEARINGS, AND ORDINANCES: A. 2023-387 CONSIDER ON FIRST READING ORDINANCE NO. 2023-17; AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF BOERNE, TEXAS, CHAPTER 2. ADMINISTRATION, ARTICLE IV. RECORDS MANAGEMENT PROGRAM; AND AMENDING THE RECORDS MANAGEMENT PLAN. (Amendments to Records Management Program and Records Management Plan) Attachments: AIS records management Ordinance No. 2023-17 2023 Plan and Exhibits B. 2023-369 CONSIDER THE UN-TABLING OF ORDINANCE NO. 2023-09, AS DESCRIBED BELOW. (Tabled on March 14, 2023) C. 2023-389 CONSIDER ON FIRST READING ORDINANCE NO. 2023-09; AN City of Boerne Page 2 Printed on 4/21/2023 City Council Agenda April 25, 2023 ORDINANCE OF THE CITY OF BOERNE, TEXAS, REPEALING AND REPLACING CHAPTER 23 OF THE CODE OF ORDINANCES, CITY OF BOERNE, TEXAS, TO GOVERN SHORT-TERM RENTALS; PROVIDING REGULATIONS AND PERMITTING FOR THE OPERATION AND USE OF SHORT-TERM RENTALS; AMENDING THE UNIFIED DEVELOPMENT CODE REGULATIONS GOVERNING SHORT-TERM RENTALS; PROVIDING THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR VIOLATION; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; PROVIDING AN EFFECTIVE DATE; AND ACKNOWLEDGING COMPLIANCE WITH THE TEXAS OPEN MEETINGS ACT. (Regulation of short-term rental properties) Attachments: AIS - STR Att 1 - Original Proposed Short Term Rental Ordinance 3.14.2023 Att 2 - Revised Proposed Ordinance No. 2023-09 6. RESOLUTIONS: A. 2023-321 CONSIDER RESOLUTION NO. 2023-R31; A RESOLUTION AUTHORIZING THE PURCHASE OF A VOLVO L60H LOADER FOR AN AMOUNT NOT TO EXCEED $186,456.00 AND AUTHORIZING THE CITY MANAGER TO ENTER INTO AND MANAGE A LEASE/PURCHASE AGREEMENT BETWEEN THE CITY OF BOERNE AND FROST BANK. (Purchase loader for the Street Department) Attachments: AIS-Street Dept Loader Lease Resolution No. 2023-R31 L60H Wheel Loader Equipment Order Informational Brochure B. 2023-279 CONSIDER RESOLUTION NO. 2023-R32; A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AND MANAGE AN AGREEMENT BETWEEN THE CITY OF BOERNE AND FREESE AND NICHOLS, INC. FOR THE ENGINEERING DESIGN AND CONSTRUCTION PHASE SERVICES FOR THE ADLER ROAD IMPROVEMENTS PROJECT FOR AN AMOUNT NOT TO EXCEED $1,618,052.00, 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. (2022 City of Boerne Page 3 Printed on 4/21/2023 City Council Agenda April 25, 2023 BOND project, Reconstruction of Adler Road from N. Main St to N. Esser Road) Attachments: AIS-2022Bond-Adler Design Consultant Resolution No. 2023-R32 Freese and Nichols, Inc. Adler Street Widening Proposal C. 2023-314 CONSIDER RESOLUTION NO. 2023-R33; A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AND MANAGE AN AGREEMENT BETWEEN THE CITY MANAGER AND PAWELEK & MOY, INC. FOR ENGINEERING DESIGN AND CONSTRUCTION PHASE SERVICES FOR THE STREET RECONSTRUCTION PROJECTS FOR AN AMOUNT NOT TO EXCEED $99,620.00, 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. (2022 BOND project to include Parkway Drive, W. Kronkosky Street, W Blanco Road, and Shooting Club Road) Attachments: AIS-2022Bond-Street Recon Consultant Resolution No. 2023-R33 Task Order Signature Form_P&M Street Recon Proposal_Pawelek & Moy D. 2023-371 CONSIDER RESOLUTION NO. 2023-R34; A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AND MANAGE AN ADVANCE FUNDING AGREEMENT FOR SURFACE TRANSPORTATION BLOCK GRANT-ROAD WIDENING OFF-SYSTEM BETWEEN THE CITY OF BOERNE AND TEXAS DEPARTMENT OF TRANSPORTATION (TXDOT) FOR CASCADE CAVERNS ROADWAY IMPROVEMENT PROJECT. (AFA for improvements on Cascade Caverns Road, Old San Antonio Road, and Scenic Loop Road) Attachments: AIS-AFA Cascade Caverns MPO Resolution No. 2023-R34 TxDOT Advance Funding Agreement Boerne Cascade Caverns Cascade Caverns Schematic E. 2023-386 CONSIDER RESOLUTION NO. 2023-R35; A RESOLUTION OF THE CITY OF BOERNE RATIFYING AN EMERGENCY EXPENDITURE BY CITY STAFF AND AUTHORIZING A PAYMENT TO TAS ENVIRONMENTAL SERVICES, LP FOR CLEANING OF INFLUENT City of Boerne Page 4 Printed on 4/21/2023 City Council Agenda April 25, 2023 BOXES AT THE OLD SAN ANTONIO ROAD WASTEWATER TREATMENT AND RECYCLING CENTER FOR AN AMOUNT NOT TO EXCEED $60,612.00. (Vacuum cleaning of influent boxes) Attachments: AIS - Emergency WWTRC J-Box Cleaning Resolution No. 2023-R35 F. 2023-381 CONSIDER RESOLUTION NO. 2023-R36; A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AND MANAGE AN AGREEMENT TO PROVIDE PROFESSIONAL SERVICES, ARCHITECTS, ENGINEERS, AND BUILDING OFFICIALS BETWEEN THE CITY OF BOERNE AND AOKA ENGINEERING LLC DBA: AOKA CODE CONSULTING FOR AN AMOUNT NOT TO EXCEED $151,005.00. (Plan Review) Attachments: AIS - AOKA Resolution No. 2023-R36 AOKA ENGINEERING LLC AGREEMENT 7. CITY MANAGER'S REPORT: A. 2023-312 INTRODUCTION OF CHIEF BUILDING OFFICIAL, STEVE RIGGS. B. 2023-368 VISIT BOERNE ANNUAL UPDATE. C. 2023-288 MONTHLY PROJECTS REPORT. 8. COMMENTS FROM COUNCIL – No discussion or action may take place. 9. EXECUTIVE SESSION IN ACCORDANCE WITH THE TEXAS GOVERNMENT CODE: A. 2023-394 SECTION 551.072 - TO DELIBERATE THE PURCHASE 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. (Utility Easement at the north end of Ranch Drive) B. 2023-296 SECTION 551.071 - CONSULTATION WITH CITY ATTORNEY TO DISCUSS LEGAL ISSUES RELATED TO DELEGATE AGENCY AGREEMENTS. C. 2023-361 SECTION 551.071 - CONSULTATION WITH CITY ATTORNEY AND SECTION 551.087 - DELIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS REGARDING DEVELOPMENT City of Boerne Page 5 Printed on 4/21/2023 City Council Agenda April 25, 2023 AGREEMENT BETWEEN BOERNEBAK AND CITY OF BOERNE. D. 2023-398 SECTION 551.071 - CONSULTATION WITH CITY ATTORNEY REGARDING ANNEXATION, DISANNEXATION AND PROPOSED LEGISLATION. 10. RECONVENE INTO OPEN SESSION AND TAKE ANY NECESSARY ACTION RELATING TO THE EXECUTIVE SESSION AS DESCRIBED ABOVE. 11. ADJOURNMENT CERTIFICATION I hereby certify that the above notice of meeting was posted on the 21st day of April, 2023 at 4:00 p.m. _______________________________ Lori A. Carroll City Secretary NOTICE OF ASSISTANCE AT THE PUBLIC MEETINGS The City Hall is wheelchair accessible. Access to the building and special parking is available at the northeast entrance of the building. Requests for auxiliary aides and special services must be received forty-eight (48) hours prior to the meeting time by calling the City Secretary at 830-249-9511. Pursuant to Section 30.06 Penal Code (trespass by license holder with a concealed handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with a concealed handgun. Pursuant to section 30.07 Penal Code (trespass by license holder with an openly carried handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with a handgun that is carried openly. City of Boerne Page 6 Printed on 4/21/2023

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