City Council
Regular MeetingBoerne, TX · April 25, 2023
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
Get email alerts for Boerne
A daily email when new agendas and minutes are posted.