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January 14, 2025 ·6:00 PM Final-revised ·REVISED

City Council Chambers

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Agenda — 39 items

  1. 1 MINUTES REGULAR CITY COUNCIL MEETING RONALD C. BOWMAN CITY COUNCIL CHAMBERS 447 North Main Street Boerne, TX 78006 JANUARY 14, 2025 – 6:00 PM ▶ jump to 0:02
  2. 3 A quorum of the City Council will be present during the meeting at: 447 N Main, Boerne, TX 78006.
  3. 1. CALL TO ORDER – 6:00 PM ▶ jump to 12:00
  4. 7 INVOCATION ▶ jump to 12:21
  5. 9 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.) ▶ jump to 12:56
  6. 2. CONFLICTS OF INTEREST ▶ jump to 13:26
  7. 3. PUBLIC COMMENTS: ▶ jump to 13:58
  8. 4. CONSENT AGENDA: approved Pass ▶ jump to 15:04
  9. A. CONSIDER APPROVAL OF THE MINUTES FROM THE REGULAR CALLED CITY COUNCIL MEETING OF DECEMBER 10, 2024. 2024-655
  10. B. CONSIDER ON SECOND READING ORDINANCE NO. 2024-22; AN ORDINANCE ESTABLISHING THE RATE CLASSIFICATIONS AND RATES TO BE CHARGED FOR WATER SERVICE PROVIDED BY THE CITY OF BOERNE UTILITIES, AND REPEALING AND REPLACING ORDINANCE NO. 2018-30 DATED SEPTEMBER 11, 2018, AND ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH. (Water Service) 2025-005
  11. C. CONSIDER ON SECOND READING ORDINANCE NO. 2024-24; AN ORDINANCE ESTABLISHING THE RATE CLASSIFICATIONS AND RATES TO BE CHARGED FOR RECLAIMED WATER SERVICE PROVIDED BY THE CITY OF BOERNE UTILITIES, AND REPEALING AND REPLACING ORDINANCE NO. 2021-23 DATED JULY 27, 2021, AND ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH. (Reclaimed Water Service) 2025-006
  12. D. CONSIDER ON SECOND READING ORDINANCE NO. 2024-26; AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF BOERNE UNIFIED DEVELOPMENT CODE, BY AMENDING CHAPTER 3. ZONING, SECTION 3.2, ZONING MAP, GRANTING A SPECIAL USE PERMIT (SUP) TO ALLOW A MINI WAREHOUSE FACILITY IN THE C4 ZONING DISTRICT WITHIN THE SCENIC INTERSTATE OVERLAY DISTRICT GENERALLY LOCATED SOUTH EAST OF INTERSTATE 10 W AND N MAIN STREET (KAD: 35973); REPEALING ALL ORDINANCES IN CONFLICT; CONTAINING A SEVERANCE CLAUSE; AND DECLARING AN EFFECTIVE DATE. (At the request of Barry Sanditen, Sanditen & Associates, Inc., on behalf of Boerne Medical Center, LTD) 2024-650
  13. E. CONSIDER ON SECOND READING ORDINANCE NO. 2024-27; AN ORDINANCE OF THE CITY OF BOERNE, TX, AMENDING THE UNIFIED DEVELOPMENT CODE ADOPTED BY ORDINANCE NO. 2020-29 ON NOVEMBER 24, 2020, INCLUDING BUT NOT LIMITED TO SECTION 2-11.B.9 - HISTORIC PRESERVATION TAX EXEMPTION, AND SECTION 3-11.G.1.A - HISTORIC DISTRICT PROHIBITED SIGN TYPES; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A PENALTY FOR VIOLATION; AND CONTAINING A SEVERANCE CLAUSE. (Amendments to Unified Development Code, Historic Preservation and Historic Districts) 2024-651
  14. F. CONSIDER ON SECOND READING ORDINANCE NO. 2024-28; AN ORDINANCE OF THE CITY OF BOERNE, TX, AMENDING THE UNIFIED DEVELOPMENT CODE ADOPTED BY ORDINANCE NO. 2020-29 ON NOVEMBER 24, 2020, INCLUDING BUT NOT LIMITED TO CHAPTER 3, ZONING SECTION 3-6. PERMITTED USES OF BUILDINGS AND LAND, E. ACCESSORY USES; SECTION 3-7 PERMITTED USE TABLES; SECTION 3-11 HISTORIC DISTRICT C. USES; SECTION 3-13 RIVER ROAD OVERLAY DISTRICT C. USES; CHAPTER 5. NONRESIDENTIAL SITES, SECTION 5-6 ON-SITE PARKING FOR NONRESIDENTIAL PROPERTIES; APPENDIX A. DEFINITIONS CHAPTER 5 - ON-SITE PARKING FOR NONRESIDENTIAL PROPERTIES, APPENDIX A - DEFINITIONS RELATED TO MOBILE FOOD UNITS AND MOBILE FOOD PARKS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A PENALTY FOR VIOLATION; AND CONTAINING A SEVERANCE CLAUSE (Amendment to Unified Development Code, Mobile Food Unit) 2024-652
  15. G. CONSIDER ON SECOND READING ORDINANCE NO. 2024-29; AN ORDINANCE OF THE CITY OF BOERNE, TEXAS, AMENDING THE CODE OF ORDINANCES, BOERNE, TEXAS, CHAPTER 15. OFFENSES AND MISCELLANEOUS PROVISIONS, ARTICLE III. PEDDLERS, CANVASSERS AND SOLICITORS, SECTION 15-56. DEFINITIONS, SECTION. 15-60. USE OF STATE HIGHWAYS PROHIBITED, SECTION 15-65. RESTRICTIONS APPLICABLE TO ALL PEDDLERS, SOLICITORS AND VENDORS, AND SECTION 15-66. PERMIT, WRITTEN APPLICATION REQUIRED; ARTICLE VII. REGULATION OF FOOD ESTABLISHMENTS, SECTION 15-147. DEFINITIONS, ADDING SECTION 15-149. MOBILE FOOD UNITS AND RENUMBERING THE REMAINING SECTIONS; PROVIDING FOR A PENALTY FOR VIOLATION OF ANY PROVISION OF THIS ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. (Amendments to Code of Ordinance, Peddlers, Canvassers, Solicitors and Mobile Food Units) 2024-653
  16. H. CONSIDER ON SECOND READING ORDINANCE NO. 2024-30; AN ORDINANCE OF THE CITY OF BOERNE, TEXAS, AMENDING THE CODE OF ORDINANCES, BOERNE, TEXAS ARTICLE V. NOISE AND SOUND REGULATION, CHAPTER 14, SECTION 14-139. AMPLIFIED SOUND AND CHAPTER 14, SECTION 14-142. METHOD OF SOUND MEASUREMENT. PROVIDING FOR A PENALTY FOR VIOLATION OF ANY PROVISION OF THIS ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. (Amendments to Code of Ordinance, Noise and Sound) 2024-654
  17. I. CONSIDER RESOLUTION NO. 2025-R01; 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 PORTION OF CASCADE CAVERNS ROAD (0.927 ACRES), BY THE CITY OF BOERNE, TEXAS; AUTHORIZING AND DIRECTING THE PUBLICATION OF NOTICE OF SUCH PUBLIC HEARING. (Set Public Hearing for February 11, 2025, at the request of Kendall County) 2024-604
  18. J. CONSIDER RESOLUTION NO. 2025-R02; A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AND MANAGE AN AGREEMENT BETWEEN THE CITY OF BOERNE AND FEDERAL HIGHWAY ADMINISTRATION (FHWA), FOR THE BRIDGE INVESTMENT PROGRAM (BIP) GRANT PROGRAM. 2024-602
  19. K. CONSIDER RESOLUTION NO. 2025-R03, A RESOLUTION OF THE CITY OF BOERNE AUTHORIZING THE CITY MANAGER TO EXECUTE AN ABANDONMENT AND TERMINATION OF UTILITY EASEMENT GRANTED TO THE CITY BY SETH FRITCHER, EXECUTED JUNE 13, 2023, RECORDED AS DOCUMENT NO. 381048 OF THE OFFICIAL PUBLIC RECORDS OF KENDALL COUNTY, TEXAS. 2024-664
  20. 28 REGULAR AGENDA:
  21. 5. PRESENTATIONS, PUBLIC HEARINGS, AND ORDINANCES:
  22. A. CONSIDER THE PROPOSED CHARTER AMENDMENTS AS PRESENTED BY THE CHARTER REVIEW COMMISSION. 2024-646 approved Pass ▶ jump to 21:30
  23. B. RECEIVE THE RECOMMENDATION FROM THE PLANNING AND ZONING COMMISSION, HOLD A PUBLIC HEARING AND CONSIDER ON FIRST READING ORDINANCE NO. 2025-01; AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF BOERNE UNIFIED DEVELOPMENT CODE, BY AMENDING CHAPTER 3. ZONING, SECTION 3.2, ZONING MAP, ZONING 71.12 ACRE TRACT FROM A HOL-INTERIM HOLDING ZONING DISTRICT TO R2-M MODERATE DENSITY RESIDENTIAL ZONING DISTRICT, LOCATED AT WEST STATE HIGHWAY 46 (KAD NO. 307605 AND 316184; A10360 - SURVEY 179 NEWTON & TAYLOR 71.12 ACRES) TO ALLOW FOR A SINGLE FAMILY SUBDIVISION. (FORESTAR (USA) REAL ESTATE GROUP INC. AND CONTINENTAL HOMES OF TEXAS, LP) 2024-600 ▶ jump to 21:58
  24. 6. RESOLUTIONS:
  25. A. RECEIVE PROPOSALS AND CONSIDER RESOLUTION NO 2025-R04; A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AND MANAGE A CONTRACT BETWEEN THE CITY OF BOERNE AND ______________ AS CONSTRUCTION MANAGER AT RISK FOR NORTHSIDE COMMUNITY PARK BOND IMPROVEMENTS. 2025-023 approved Pass ▶ jump to 25:40
  26. 7. CITY MANAGER'S REPORT: ▶ jump to 26:03
  27. A. CITY PARK PLAYGROUND EXPANSION UPDATE. 2025-009 ▶ jump to 26:24
  28. B. WEATHER RESPONSE UPDATE. 2025-010 ▶ jump to 30:49
  29. 9. EXECUTIVE SESSION IN ACCORDANCE WITH THE TEXAS GOVERNMENT CODE: ▶ jump to 33:01
  30. 8. COMMENTS FROM COUNCIL – No discussion or action may take place. ▶ jump to 32:14
  31. 9. EXECUTIVE SESSION IN ACCORDANCE WITH THE TEXAS GOVERNMENT CODE: ▶ jump to 32:44
  32. A. SECTION 551.071 - CONSULTATION WITH CITY ATTORNEY REGARDING CITY POWERS AND DUTIES WITH REGARD TO PUBLIC HEALTH CONCERNS. (Cascade Cavern Road) 2025-025 ▶ jump to 32:46
  33. 44 Approved: _____________________________ Mayor
  34. 10. RECONVENE INTO OPEN SESSION AND TAKE ANY NECESSARY ACTION RELATING TO THE EXECUTIVE SESSION AS DESCRIBED ABOVE. ▶ jump to 33:29
  35. 11. ADJOURNMENT ▶ jump to 33:45
  36. 48 CERTIFICATION I hereby certify that the above notice of meeting was posted on the 10 day of January, 2025 at 4:30 p.m.
  37. 49 Attest: _______________________________ City Secretary
  38. 50 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.
  39. 51 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.