City Council

MINUTES CITY COUNCIL MEETING RONALD C. BOWMAN CITY COUNCIL CHAMBERS 447 North Main Street Boerne, TX 78006 September 26, 2023 – 5:30 p.m. Minutes of the City Council Meeting of September 26, 2023. Present: 4- Mayor Frank Ritchie, Mayor Pro Tem Ty Wolosin, Council Member Quinten Scott, and Council Member Joseph Macaluso Absent: 1- Council Member Sharon D. Wright Council Member Sharon D. Wright arrived at 5:38 p.m. Staff Present: Ben Thatcher, Siria Arreola, Walter Ball, Sarah Buckelew, Jeff Carroll, Lori Carroll, Nathan Crane, Lissette Jimenez, Mike Mann, Mick McKamie, Steve Perez, Mike Raute, Chris Shadrock, Kelly Skovbjerg, Kristy Stark, and Danny Zincke. Recognized / Registered Guests: No guests registered. 1. CALL TO ORDER – 5:30 PM Mayor Ritchie called the City Council Work Session to order at 5:30 p.m. 2. EXECUTIVE SESSION IN ACCORDANCE WITH THE TEXAS GOVERNMENT CODE: 8A. 2023-695 SECTION 551.074: PERSONNEL MATTERS - TO INTERVIEW AND DELIBERATE THE SELECTION AND APPOINTMENT OF A QUALIFIED PERSON TO FILL THE UNEXPIRED TERM OF THE COUNCIL MEMBER FOR DISTRICT 4 AS PER THE CITY OF BOERNE’S HOME RULE CHARTER SECTION 3.08. (C). No action was taken. 3. ADJOURNMENT City of Boerne Page 1 City Council Official Meeting Minutes September 26, 2023 Mayor Ritchie adjourned the Work Session at 5:56 p.m. Regular Session: Present: 5- Mayor Frank Ritchie, Mayor Pro Tem Ty Wolosin, Council Member Sharon D. Wright, Council Member Quinten Scott, and Council Member Joseph Macaluso Staff Present: Ben Thatcher, Siria Arreola, Walter Ball, Sarah Buckelew, Jeff Carroll, Lori Carroll, Nathan Crane, Lissette Jimenez, Mike Mann, Mick McKamie, Steve Perez, Mike Raute, Chris Shadrock, Kelly Skovbjerg, Kristy Stark, and Danny Zincke. Recognized / Registered Guests: Dave Fulkerson, Seth Jones, Jackie Sotello, Lisa Espelage, and Donna and Mark Lagleder. 1. CALL TO ORDER Mayor Ritchie called the Regular Called City Council Meeting to order at 6:00 p.m. Mayor Ritchie asked for a Moment of Silence and provided an Invocation. Mayor Ritchie led the Pledge of Allegiance to the United States Flag and to the Texas Flag. 2. CONFLICTS OF INTEREST No conflicts were declared. Mayor Ritchie asked that agenda item 8.A. be presented at this time. 8A. 2023-689 RECOGNITION OF NATURAL GAS UTILITY FOR TEXAS GAS ASSOCIATION (TGA) AND AMERICAN PUBLIC GAS ASSOCIATION (APGA) SAFETY AWARDS. City of Boerne Page 2 City Council Official Meeting Minutes September 26, 2023 City Manager Ben Thatcher called on Mr. Mike Mann, Utilities Director to recognize the Utilities Staff in acknowledgement of safety awards they received from the Texas Gas Association and the American Public Gas Association. 3. PUBLIC COMMENTS: Dave Folkerson 217 Deer Creek expressed concerns with Esser Road's new configuration. Seth Jones, 303 East Theissen expressed concerns with the SARA map and how it is significantly different than the FEMA map. The maps could affect mortgages and insurance on properties located within the SARA map. Travis Vaughn, 124 James Avenue expressed concerns with the FEMA map. He suggested better community notifications. CONSENT AGENDA: A MOTION WAS MADE BY COUNCIL MEMBER MACALUSO, SECONDED BY COUNCIL MEMBER BODDIE TO APPROVE THE CONSENT AGENDA AS PRESENTED. THE MOTION CARRIED BY THE FOLLOWING VOTE: Yeah: 5 - Mayor Pro Tem Wolosin, Council Member Wright, Council Member Scott, Boddie, and Council Member Macaluso A. 2023-692 CONSIDER APPROVAL OF THE MINUTES OF THE REGULAR CALLED CITY COUNCIL MEETING OF SEPTEMBER 12, 2023. THE MINUTES WERE APPROVED. B. 2023-684 CONSIDER ON SECOND READING ORDINANCE NO. 2023-28; AN ORDINANCE ANNEXING A 1.633 ACRE PORTION OF RIGHT-OF-WAY ON INTERSTATE HIGHWAY 10 TO THE CITY OF BOERNE, KENDALL COUNTY, TEXAS, AND EXTENDING THE BOUNDARY LIMITS OF SAID CITY SO AS TO INCLUDE SAID HEREINAFTER DESCRIBED PROPERTY WITHIN SAID CITY LIMITS, AND GRANTING TO ALL THE INHABITANTS OF SAID PROPERTY ALL THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BINDING City of Boerne Page 3 City Council Official Meeting Minutes September 26, 2023 SAID INHABITANTS BY ALL OF THE ACTS, ORDINANCES, RESOLUTIONS, AND REGULATIONS OF SAID CITY. (Consider the second reading of an ordinance annexing a portion of IH 10 right-of-way, at the request of Forestar (USA) Real Estate Group, Inc., Matkin Properties, LP, Equity Trust Company Custodian FBO Harold T. duPerier III IRA, and Equity Trust Company Custodian FBO John-Mark Matkin IRA) THE ORDINANCE WAS APPROVED. C. 2023-685 CONSIDER ON SECOND READING ORDINANCE NO. 2023-29; AN ORDINANCE ANNEXING A TOTAL OF 22.653 ACRES, MORE OR LESS, BEING 13.42 ACRES LOCATED AT 12 SPENCER ROAD (KAD NO. 37948), 2.07 ACRES LOCATED AT 2B SPENCER ROAD (KAD NO. 37947), 2.47 ACRES LOCATED AT 2 SPENCER ROAD (KAD NO. 14354), AND 4.69 ACRES LOCATED AT 8 SPENCER ROAD (KAD NO. 36891) TO THE CITY OF BOERNE, KENDALL COUNTY, TEXAS, AND EXTENDING THE BOUNDARY LIMITS OF SAID CITY SO AS TO INCLUDE SAID HEREINAFTER DESCRIBED PROPERTY WITHIN SAID CITY LIMITS, AND GRANTING TO ALL THE INHABITANTS OF SAID PROPERTY ALL THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BINDING SAID INHABITANTS BY ALL OF THE ACTS, ORDINANCES, RESOLUTIONS, AND REGULATIONS OF SAID CITY. (Consider the second reading of an ordinance annexing 12 Spencer Rd, 2B Spencer Rd, 2 Spencer Rd, and 8 Spencer Rd. at the request of Forestar (USA) Real Estate Group, Inc., Matkin Properties, LP, Equity Trust Company Custodian FBO Harold T. duPerier III IRA, and Equity Trust Company Custodian FBO John-Mark Matkin IRA) THE ORDINANCE WAS APPROVED. D. 2023-686 CONSIDER ON SECOND READING ORDINANCE NO. 2023-30; AN ORDINANCE ANNEXING A 1.122 ACRE PORTION OF RIGHT-OF-WAY ALSO KNOWN AS SPENCER ROAD TO THE CITY OF BOERNE, KENDALL COUNTY, TEXAS, AND EXTENDING THE BOUNDARY LIMITS OF SAID CITY SO AS TO INCLUDE SAID HEREINAFTER DESCRIBED PROPERTY WITHIN SAID CITY LIMITS, AND GRANTING TO ALL THE INHABITANTS OF SAID PROPERTY ALL City of Boerne Page 4 City Council Official Meeting Minutes September 26, 2023 THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BINDING SAID INHABITANTS BY ALL OF THE ACTS, ORDINANCES, RESOLUTIONS, AND REGULATIONS OF SAID CITY. (Consider the second reading of an ordinance annexing a portion of Spencer Rd. at the request of Forestar (USA) Real Estate Group, Inc., Matkin Properties, LP, Equity Trust Company Custodian FBO Harold T. duPerier III IRA, and Equity Trust Company Custodian FBO John-Mark Matkin IRA) THE ORDINANCE WAS APPROVED. E. 2023-687 CONSIDER ON SECOND READING ORDINANCE NO. 2023-31; AN ORDINANCE ANNEXING 5.984 ACRES BEING A PORTION OF WEST STATE HIGHWAY 46 (KAD. NO. 14918) AND A PORTION OF 10 SPENCER ROAD (KAD NO. 14916) TO THE CITY OF BOERNE, KENDALL COUNTY, TEXAS, AND EXTENDING THE BOUNDARY LIMITS OF SAID CITY SO AS TO INCLUDE SAID HEREINAFTER DESCRIBED PROPERTY WITHIN SAID CITY LIMITS, AND GRANTING TO ALL THE INHABITANTS OF SAID PROPERTY ALL THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BINDING SAID INHABITANTS BY ALL OF THE ACTS, ORDINANCES, RESOLUTIONS, AND REGULATIONS OF SAID CITY. (Consider the second reading of an ordinance annexing a portion of 10 Spencer Rd. at the request of Forestar (USA) Real Estate Group, Inc., Matkin Properties, LP, Equity Trust Company Custodian FBO Harold T. duPerier III IRA, and Equity Trust Company Custodian FBO John-Mark Matkin IRA) THE ORDINANCE WAS APPROVED. F. 2023-688 CONSIDER ON SECOND READING ORDINANCE NO. 2023-32; AN ORDINANCE ANNEXING A 2.807 ACRE PORTION OF WEST STATE HIGHWAY 46 TO THE CITY OF BOERNE, KENDALL COUNTY, TEXAS, AND EXTENDING THE BOUNDARY LIMITS OF SAID CITY SO AS TO INCLUDE SAID HEREINAFTER DESCRIBED PROPERTY WITHIN SAID CITY LIMITS, AND GRANTING TO ALL THE INHABITANTS OF SAID PROPERTY ALL THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BINDING SAID INHABITANTS BY ALL OF THE ACTS, ORDINANCES, RESOLUTIONS, AND REGULATIONS OF SAID CITY. (Consider the second reading of an ordinance annexing a portion City of Boerne Page 5 City Council Official Meeting Minutes September 26, 2023 of W Hwy 46, at the request of Forestar (USA) Real Estate Group, Inc., Matkin Properties, LP, Equity Trust Company Custodian FBO Harold T. duPerier III IRA, and Equity Trust Company Custodian FBO John-Mark Matkin IRA.) THE ORDINANCE WAS APPROVED. G. 2023-670 CONSIDER RESOLUTION NO. 2023-R71; A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AND MANAGE A SHARED SERVICES AGREEMENT FOR FUNDING OF PUBLIC PURPOSE BETWEEN THE CITY OF BOERNE AND DAS GREENHAUS. THE RESOLUTION WAS APPROVED. REGULAR AGENDA: 5. PRESENTATIONS, PUBLIC HEARINGS, AND ORDINANCES: A. 2023-700 CONSIDER ON FIRST READING ORDINANCE NO. 2023-27; AN ORDINANCE REPEALING AND REPLACING ORDINANCE NO. 2022-29 AND 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. (Establish fees for City of Boerne services) Mayor Ritchie called on Ms. Sarah Buckelew to review the procedure on determining fees for city activities, goods, and services. Ms. Buckelew stated that it is the department director's responsibility to review comparables so that we are inline with what other cities charge. City of Boerne Page 6 City Council Official Meeting Minutes September 26, 2023 A MOTION WAS MADE BY COUNCIL MEMBER BODDIE, SECONDED BY MAYOR PRO TEM WOLOSIN, TO APPROVE ON FIRST READING ORDINANCE NO. 2023-27; AN ORDINANCE REPEALING AND REPLACING ORDINANCE NO. 2022-29 AND 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. (ESTABLISH FEES FOR CITY OF BOERNE SERVICES). THE MOTION CARRIED BY THE FOLLOWING VOTE: Yeah: 5 - Mayor Pro Tem Wolosin, Council Member Wright, Council Member Scott, Boddie, and Council Member Macaluso 6. RESOLUTIONS: A. 2023-566 CONSIDER RESOLUTION NO. 2023-R72; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOERNE, TEXAS, ACCEPTING THE REQUEST AND SETTING THE DATE, TIME AND PLACE FOR A PUBLIC HEARING ON THE PROPOSED ANNEXATION OF A 3.877 ACRE TRACT LOCATED AT 36432 INTERSTATE HIGHWAY 10 (KAD. NO. 222994) AND A 6.676 ACRE PORTION OF INTERSTATE HIGHWAY 10 RIGHT-OF-WAY, BY THE CITY OF BOERNE, TEXAS; AUTHORIZING AND DIRECTING THE PUBLICATION OF NOTICE OF SUCH PUBLIC HEARING; AND CONSIDER APPROVAL OF A MUNICIPAL SERVICE PLAN AGREEMENT. (Set Public Hearing for October 24, 2023, at 6:00 p.m. and approve Municipal Service Plan Agreement for the proposed annexation of 36432 IH 10 and portion of IH 10 right-of-way at the request of Alejandro Gutierrez) Mayor Ritchie called on Mr. Nathan Crane, Assistant Planning Director. Mr. Crane displayed the location of the property under consideration for voluntary annexation. He discussed the process required for the annexation. The zoning of the property will come before city council for consideration at a later date. City of Boerne Page 7 City Council Official Meeting Minutes September 26, 2023 A MOTION WAS MADE BY COUNCIL MEMBER SCOTT, SECONDED BY MAYOR PRO TEM WOLOSIN, TO APPROVE RESOLUTION NO. 2023-R72; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOERNE, TEXAS, ACCEPTING THE REQUEST AND SETTING THE DATE, TIME AND PLACE FOR A PUBLIC HEARING ON THE PROPOSED ANNEXATION OF A 3.877 ACRE TRACT LOCATED AT 36432 INTERSTATE HIGHWAY 10 (KAD. NO. 222994) AND A 6.676 ACRE PORTION OF INTERSTATE HIGHWAY 10 RIGHT-OF-WAY, BY THE CITY OF BOERNE, TEXAS; AUTHORIZING AND DIRECTING THE PUBLICATION OF NOTICE OF SUCH PUBLIC HEARING; AND CONSIDER APPROVAL OF A MUNICIPAL SERVICE PLAN AGREEMENT. (SET PUBLIC HEARING FOR OCTOBER 24, 2023, AT 6:00 P.M. AND APPROVE MUNICIPAL SERVICE PLAN AGREEMENT FOR THE PROPOSED ANNEXATION OF 36432 IH 10 AND PORTION OF IH 10 RIGHT-OF-WAY AT THE REQUEST OF ALEJANDRO GUTIERREZ). THE MOTION CARRIED BY THE FOLLOWING VOTE: Yeah: 5 - Mayor Pro Tem Wolosin, Council Member Wright, Council Member Scott, Boddie, and Council Member Macaluso 7. OTHER: A. 2023-694 DISCUSSION ON POTENTIAL UPDATES TO THE CURRENT FLOODPLAIN REGULATIONS WITHIN THE UNIFIED DEVELOPMENT CODE (UDC), SECTION 8.1. Mayor Ritchie called on Mr. Jeff Carroll, Engineering and Mobility Director. Mr. Carroll discussed the purpose of the floodplain ordinance, types of drainage and UDC requirements. He discussed the term Flash Flood Alley that our area is known for. Mr. Carroll reviewed the Cibolo Creek Flood Protection areas, past flood events, and floodplain history. The city must adopt minimum standards for floodplain standards. Staff is currently reviewing existing structures in the floodplain and is proposing allowing property owners to build an addition to a structure if the structure is not located in a floodway with limitations. Discussion ensued regarding repetitive losses, coordination with FEMA guidelines, and flood insurance cost. Mr. Carroll reviewed proposed revisions to the UDC, which will be taken to the Planning and Zoning Commission in November. 8. CITY MANAGER'S REPORT: City of Boerne Page 8 City Council Official Meeting Minutes September 26, 2023 Mayor Ritchie called on City Manager Ben Thatcher. B. 2023-668 SOLAR ECLIPSE UPDATE. City Manager Thatcher called on Police Chief Perez to provide an update to the October 14, 2023 solar eclipse event. He discussed preparations, game plan, timeline for various events, eclipse time, and the Eclipse Guide which can be found on the City's webpage. The City's webpage is the main information page for the county. A list of events were discussed that will take place the same weekend. Chief Perez stated that if necessary additional resources will be available through the State. It is expected that 20,000 to 30,000 people will be in the Boerne area the weekend of October 14, 2023. Hotels are full and hoteliers are taking reservations for the April 2024 eclipse event. C. 2023-293 MONTHLY PROJECTS REPORT. Mr. Thatcher continued with an update on various city projects. He asked Mr. Carroll to provide information on the re-striping of Esser Road. Mr. Carroll stated that the Transportation Committee and the Mobility Study recommended Esser Road be converted to a three lane road. Because the engineer consultant could not get to the project immediately, city staff temporarily striped the road which now has been re-striped. The Mobility Plan and the Sidewalk Plan called for a bicycle lane which also creates a buffer to the sidewalk. Mr. Carroll stated that the lane size follows required regulations. A smaller travel lane has been found to reduce speed. As the fiscal year comes to an end, Mr. Thatcher expressed appreciation to staff for a successful fiscal year. Boerne was recognized many times, winning several awards. 9. COMMENTS FROM COUNCIL – No discussion or action may take place. Council Member Boddie expressed appreciation to City Council Members and staff for the past three years he has been on council. Mayor Pro Tem Wolosin stated that he appreciates Council Member Boddie's City of Boerne Page 9 City Council Official Meeting Minutes September 26, 2023 insight and willingness to serve our citizens. His planning background served the council well. Mayor Pro Tem Wolosin also expressed appreciation to the members of the public for being involved in the processes. 10. EXECUTIVE SESSION IN ACCORDANCE WITH THE TEXAS GOVERNMENT CODE: Mayor Ritchie convened the City Council into Executive Session at 7:24 p.m. A. 2023-698 SECTION 551.701 - CONSULTATION WITH CITY ATTORNEY AND SECTION 551.072 - TO DELIBERATE THE PURCHASE OF REAL PROPERTY WHERE DELIBERATION IN AN OPEN MEETING COULD AFFECT THE POSITION OF THE CITY IN NEGOTIATIONS WITH A THIRD PERSON. (Potential easement) No action was taken. B. 2023-696 SECTION 551.074 - PERSONNEL MATTERS, TO INTERVIEW AND DELIBERATE THE SELECTION AND APPOINTMENT OF A QUALIFIED PERSON TO FILL THE UNEXPIRED TERM OF COUNCIL MEMBER FOR DISTRICT 4 AS PER THE CITY OF BOERNE’S HOME RULE CHARTER SECTION 3.08. (C). No action was taken. 11. RECONVENE INTO OPEN SESSION AND TAKE ANY NECESSARY ACTION RELATING TO THE EXECUTIVE SESSION AS DESCRIBED ABOVE. Mayor Ritchie reconvened the City Council into Open Session at 7:39 p.m. A. 2023-697 CONSIDER APPOINTMENT OF A QUALIFIED PERSON TO FILL THE UNEXPIRED TERM OF COUNCIL MEMBER FOR DISTRICT 4 AS PER THE CITY OF BOERNE’S HOME RULE CHARTER SECTION 3.08. (C), WHICH WILL EXPIRE IN MAY 2025. City of Boerne Page 10 City Council Official Meeting Minutes September 26, 2023 A MOTION WAS MADE BY COUNCIL MEMBER BODDIE, SECONDED BY MAYOR PRO TEM WOLOSIN, TO APPROVE THE APPOINTMENT OF BRET BUNKER TO FILL THE UNEXPIRED TERM OF COUNCIL MEMBER DISTRICT 4 AS PER THE CITY OF BOERNE'S HOME RULE CHARTER SECTION 3.08(C). THE MOTION CARRIED BY THE FOLLOWING VOTE: Yeah: 5 - Mayor Pro Tem Wolosin, Council Member Wright, Council Member Scott, Boddie, and Council Member Macaluso 12. ADJOURNMENT Mayor Ritchie adjourned the City Council Meeting at 7:40 p.m. Approved: ____________________________ Mayor Attest: _______________________________ City Secretary City of Boerne Page 11