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City Council

Regular Meeting

Boerne, TX · May 23, 2023

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Minutes

MINUTES REGULAR CITY COUNCIL MEETING RONALD C. BOWMAN CITY COUNCIL CHAMBERS 447 North Main Street Boerne, TX 78006 May 23, 2023 – 6:00 PM Minutes of the Regular Scheduled City Council Meeting of May 23, 2023. Present: 4 - Mayor Pro-Tem Ty Wolosin, Council Member Quinten Scott, Council Member Bryce Boddie, and Council Member Joseph Macaluso Absent: 2 - Mayor Tim Handren and Council Member Nina Woolard Staff Present: Ben Thatcher, Siria Arreola, Sarah Buckelew, Lori Carroll, Nathan Crane, Susan Finch, Lissette Jimenez, Mick McKamie, Terry Nolan, Steve Perez, Mike Raute, Steve Riggs, Kelly Skovjberg, Andrea Snouffer, Kristy Stark, Jeanette Teague, and Danny Zincke. Recognized/Registered Guests: Mike Luckey, Scott Anderson, Lori and Steven Mahlmann, Leanne Boddie, Robert Imler, Michael Ethridge, Gloria Caton, Lynn Caton, Zoey Ritchie, Amy Story, Bob Cates, William Dever, Dennis Dever, Barry House, Carol and John Marquardt, Linda Bannister, Cindy Strzelechi, Janet D'Spain, Ed Phillips, Nolan King, and Mike Malley. 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: City of Boerne Page 1 City Council Official Meeting Minutes May 23, 2023 Nolan Kuehn, 29370 Duberry Ridge, Fair Oaks Ranch spoke regarding pickleball. He expressed concerns that pickleball won't continue at City Park. He is aware of the new facility that will be built on Adler Road. He stated pickleball tournaments could bring in a lot of tax dollars for the city. Mike Malley, 123 Village Park Drive, Founder and President of the Boerne Sustainable Development Coalition welcomed the new mayor and council member. He spoke regarding pickleball courts and suggested that the new courts be covered. He stated that he is open to provide assistance on anything pickleball related. 4. 2023-438 ADMINISTER OATHS OF OFFICE - MAYOR, COUNCIL MEMBER DISTRICTS 2 AND 4. Mayor Pro Tem Wolosin called on Ms. Lori Carroll, City Secretary to administer the Oaths of Office to Mr. Frank Ritchie, Mayor, Ms. Sharon Wright, Council Member District 2 and Mr. Bryce Boddie, Council Member District 4. 2023-434 CITY COUNCIL BREAK FOR RECEPTION IN THE CITY HALL LOBBY. (20 Minutes) At 6:10 p.m. Mayor Pro Tem Wolosin announced that the City Council will take a 20 minute break. At 6:31 p.m. Mayor Ritchie reconvened the meeting. Present: 6 - Mayor Frank Ritchie, Mayor Pro Tem Ty Wolosin, Council Member Sharon D. Wright, Council Member Quinten Scott, Council Member Bryce Boddie, and Council Member Joseph Macaluso. 5. 2023-439 CONSIDER ELECTION OF THE OFFICE OF MAYOR PRO-TEM FOR THE PERIOD OF MAY 2023 THROUGH MAY 2024. Mayor Ritchie asked for a motion to elect a Mayor Pro Tem for the period of May 2023-2024. City of Boerne Page 2 City Council Official Meeting Minutes May 23, 2023 A MOTION WAS MADE BY COUNCIL MEMBER BODDIE TO ELECT COUNCIL MEMBER TY WOLOSIN AS MAYOR PRO TEM FOR THE PERIOD OF MAY 2023 THROUGH MAY 2024. COUNCIL MEMBER MACALUSO SECONDED THE MOTION. THE MOTION CARRIED BY THE FOLLOWING VOTE: Yeah: 5 - Mayor Pro Tem Wolosin, Council Member Scott, Council Member Boddie, Council Member Macaluso, and Council Member Wright 6. CONSENT AGENDA: A MOTION WAS MADE BY COUNCIL MEMBER MACALUSO, 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 Scott, Council Member Boddie, Council Member Macaluso, and Council Member Wright A. 2023-436 CONSIDER APPROVAL OF MINUTES OF THE REGULAR CITY COUNCIL MEETING OF MAY 9, 2023 AND THE SPECIAL CALLED CITY COUNCIL MEETING OF MAY 16, 2023 (CANVASS ELECTION RETURNS). THE MINUTES WERE APPROVED. B. 2023-435 CONSIDER ON SECOND READING ORDINANCE NO. 2023-18; AN ORDINANCE OF THE CITY OF BOERNE, TEXAS, REPEALING AND REPLACING ORDINANCE NO. 2019-56 AND ESTABLISHING IMPACT FEES FOR WATER AND WASTEWATER UTILITIES. (Update to Impact Fees, one of one public hearing) THE ORDINANCE WAS APPROVED. C. 2023-428 CONSIDER ON SECOND READING ORDINANCE NO. 2023-19; AN ORDINANCE AMENDING THE CITY OF BOERNE, TEXAS, CODE OF ORDINANCES, CHAPTER 5. BUILDINGS AND BUILDIN G REGULATIONS, ARTICLE II. CONSTRUCTION STANDARDS, ADOPTING THE INTERNATIONAL RESIDENTIAL CODE 2021 EDITION AND THE INTERNATIONAL ENERGY CONSERVATION CODE 2021. (Adopt International Residential and Energy Conservation Codes 2021 Edition) City of Boerne Page 3 City Council Official Meeting Minutes May 23, 2023 THE ORDINANCE WAS APPROVED. 7. RESOLUTIONS: A. 2023-322 RECEIVE BIDS FOR 2023 SLURRY SEAL AND CONSIDER RESOLUTION NO. 2023-R41; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOERNE, TEXAS, AWARDING THE CONTRACT FOR 2023 SLURRY SEAL TO ______________ FOR AN AMOUNT NOT TO EXCEED $________; AND AUTHORIZING THE CITY MANAGER TO MANAGE AND EXECUTE THE RELATED CONTRACT. (Slurry seal contract) Mayor Ritchie called on Mr. Jeff Carroll, Engineering and Mobility Director. Mr. Carroll stated slurry is a preservation method used on streets. Staff bid the project and received two bids. The low bid was from Viking Construction, LLC in the amount of $155,374.75. Viking Construction LLC did the slurry last year on city streets and staff was satisfied with the results. A MOTION WAS MADE BY COUNCIL MEMBER SCOTT, SECONDED BY COUNCIL MEMBER MACALUSO, TO RECEIVE BIDS FOR 2023 SLURRY SEAL AND CONSIDER RESOLUTION NO. 2023-R41; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOERNE, TEXAS, AWARDING THE CONTRACT FOR 2023 SLURRY SEAL TO VIKING CONSTRUCTION LLC FOR AN AMOUNT NOT TO EXCEED $155,374.75; AND AUTHORIZING THE CITY MANAGER TO MANAGE AND EXECUTE THE RELATED CONTRACT. (SLURRY SEAL CONTRACT). THE MOTION CARRIED BY THE FOLLOWING VOTE: Yeah: 5 - Mayor Pro Tem Wolosin, Council Member Scott, Council Member Boddie, Council Member Macaluso, and Council Member Wright 8. OTHER: A. 2023-440 MAYORAL APPOINTMENT TO VARIOUS BOARDS AND COMMISSIONS. Mayor Ritchie called on Ms. Lori Carroll, City Secretary. Ms. Carroll stated that it is Mayor Ritchie's recommendation to re-appoint the following Boards and Commission Members. Official: Ed Phillips, Municipal Court Judge; Lawrence Morales, Alternate Municipal Court Judge; Dana Jacobson, Municipal Court City of Boerne Page 4 City Council Official Meeting Minutes May 23, 2023 Prosecutor; Michael Latimer, Alternate Municipal Court prosecutor; Dusty Fisher, Cemetery Sexton; and William Holt, Cemetery Sexton. Public Housing Authority: Members Heather Ontiveroz, Allen Taha, Sister Kathleen Higgins, and Nelda de Lourdes Arroyo-Perez, Resident Commissioner. Zoning Board of Adjustments: Jon Paul Bergman, Chairman; Justin McKenzie, Vice Chairman; and Daniel Wood, Member. Boerne Public Library: Members Laura Bray and Judy Broussard. Historic Landmark Commission: Member Michael Nichols. Visit Boerne Advisory Board: Joe Granados, Chair; Brandon Phillips, Vice Chair; Tommy Mathews, Member; Ross Partlow, Member; Elizabeth Castle, Member; and Brad Wilson, Member. Ethics Review Commission: Members Ben Walker, Darren Smith, and Robert Lee. A MOTION WAS MADE BY MAYOR PRO TEM WOLOSIN, SECONDED BY COUNCIL MEMBER MACALUSO, TO APPROVE THE MAYORAL APPOINTMENT TO VARIOUS BOARDS AND COMMISSIONS AS PRESENTED. THE MOTION CARRIED BY THE FOLLOWING VOTE: Yeah: 5 - Mayor Pro Tem Wolosin, Council Member Scott, Council Member Boddie, Council Member Macaluso, and Council Member Wright 9. CITY MANAGER'S REPORT: Mayor Ritchie called on City Manager Ben Thatcher. A. 2023-289 MONTHLY PROJECTS REPORT. City Manager Thatcher reviewed the status of various city projects. 10. COMMENTS FROM COUNCIL – No discussion or action may take place. Mayor Pro Tem Wolosin congratulated the new mayor and council member. He also expressed appreciation to those who volunteer on the various city boards and commissions for being part of the process. Council Member Boddie congratulated the new mayor and council member. He also congratulated those who were graduating from Boerne schools. Council Member Macaluso congratulated the new mayor and council member City of Boerne Page 5 City Council Official Meeting Minutes May 23, 2023 and stated that he was looking forward to working with them. Council Member Scott also expressed congratulations to the new mayor and council member. Council Member Wright spoke about the new Cemetery Archway constructed by the Champion High School Welding Team. She stated the quality is amazing and she is impressed with the students and their community project. Mayor Ritchie expressed gratitude to everyone and council members for taking his calls and answering his questions. He is looking forward to the future of Boerne as we grow as a community and working together for the betterment of the community. 11. ADJOURNMENT Mayor Ritchie adjourned the City Council Meeting at 6:48 p.m. Approved: ____________________________ Mayor Attest: _______________________________ City Secretary City of Boerne Page 6

Agenda

AGENDA REGULAR CITY COUNCIL MEETING RONALD C. BOWMAN CITY COUNCIL CHAMBERS 447 North Main Street Boerne, TX 78006 May 23, 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. 2023-438 ADMINISTER OATHS OF OFFICE - MAYOR, COUNCIL MEMBER DISTRICTS 2 AND 4. Attachments: AIS oaths mayor, dist 2 and 4 OATH blank 2023-434 CITY COUNCIL BREAK FOR RECEPTION IN THE CITY HALL LOBBY. (20 Minutes) 5. 2023-439 CONSIDER ELECTION OF THE OFFICE OF MAYOR PRO-TEM FOR THE PERIOD OF MAY 2023 THROUGH MAY 2024. City of Boerne Page 1 Printed on 5/19/2023 City Council Agenda May 23, 2023 Attachments: AIS mayor pro tem 2023 6. 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. 2023-436 CONSIDER APPROVAL OF MINUTES OF THE REGULAR CITY COUNCIL MEETING OF MAY 9, 2023 AND THE SPECIAL CALLED CITY COUNCIL MEETING OF MAY 16, 2023 (CANVASS ELECTION RETURNS). Attachments: Minutes.230509 Minutes.230516 B. 2023-435 CONSIDER ON SECOND READING ORDINANCE NO. 2023-18; AN ORDINANCE OF THE CITY OF BOERNE, TEXAS, REPEALING AND REPLACING ORDINANCE NO. 2019-56 AND ESTABLISHING IMPACT FEES FOR WATER AND WASTEWATER UTILITIES. (Update to Impact Fees, one of one public hearing) Attachments: AIS - 2023 Impact Fees Ordinance 2 2023-18 Impact Fee Ordinance C. 2023-428 CONSIDER ON SECOND READING ORDINANCE NO. 2023-19; AN ORDINANCE AMENDING THE CITY OF BOERNE, TEXAS, CODE OF ORDINANCES, CHAPTER 5. BUILDINGS AND BUILDING REGULATIONS, ARTICLE II. CONSTRUCTION STANDARDS, ADOPTING THE INTERNATIONAL RESIDENTIAL CODE 2021 EDITION AND THE INTERNATIONAL ENERGY CONSERVATION CODE 2021. (Adopt International Residential and Energy Conservation Codes 2021 Edition) Attachments: AIS - IBC Final Ordinance No. 2023-19 7. RESOLUTIONS: A. 2023-322 RECEIVE BIDS FOR 2023 SLURRY SEAL AND CONSIDER RESOLUTION NO. 2023-R41; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOERNE, TEXAS, AWARDING THE City of Boerne Page 2 Printed on 5/19/2023 City Council Agenda May 23, 2023 CONTRACT FOR 2023 SLURRY SEAL TO ______________ FOR AN AMOUNT NOT TO EXCEED $________; AND AUTHORIZING THE CITY MANAGER TO MANAGE AND EXECUTE THE RELATED CONTRACT. (Slurry seal contract) Attachments: AIS-Slurry Seal Bid Award Resolution No. 2023-R41 Bid Tab Documentation_2023 Slurry Seal 8. OTHER: A. 2023-440 MAYORAL APPOINTMENT TO VARIOUS BOARDS AND COMMISSIONS. Attachments: AIS mayoral appt 5.2023 FY 2022-2023 Appointments 5.10.23 9. CITY MANAGER'S REPORT: A. 2023-289 MONTHLY PROJECTS REPORT. 10. COMMENTS FROM COUNCIL – No discussion or action may take place. 11. ADJOURNMENT CERTIFICATION I hereby certify that the above notice of meeting was posted on the 19th day of May, 2023 at 2:30 p.m. _______________________________ s/s 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. City of Boerne Page 3 Printed on 5/19/2023 City Council Agenda May 23, 2023 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 4 Printed on 5/19/2023

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