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City Council

December 10, 2024 ·6:00 PM Final

City Council Chambers

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Agenda — 59 items

  1. 1 MINUTES REGULAR CITY COUNCIL MEETING RONALD C. BOWMAN CITY COUNCIL CHAMBERS 447 North Main Street Boerne, TX 78006 DECEMBER 10, 2024 – 6:00 PM ▶ jump to 0:12
  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 12:10
  4. 7 INVOCATION ▶ jump to 12:22
  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 13:25
  6. 2. CONFLICTS OF INTEREST ▶ jump to 13:55
  7. 3. RECOGNIZING DONNIE BERGMANN AND HIS YEARS OF SERVICE TO OUR COMMUNITY. 2024-635 ▶ jump to 14:10
  8. 4. PUBLIC COMMENTS: ▶ jump to 18:26
  9. 5. CONSENT AGENDA: approved Pass ▶ jump to 19:22
  10. A. CONSIDER APPROVAL OF THE MINUTES OF THE REGULAR CALLED CITY COUNCIL MEETING OF NOVEMBER 12, 2024. 2024-638
  11. B. CONSIDER RESOLUTION NO. 2024-R95; A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AND MANAGE AN AGREEMENT BETWEEN THE CITY OF BOERNE AND LOAD-POINT CORPORATION FOR THE PURCHASE, INSTALLATION AND SERVICE OF AN ELECTRIC VEHICLE CHARGING STATION FOR AN AMOUNT NOT TO EXCEED $167,941.00. 2024-574
  12. C. CONSIDER RESOLUTION NO. 2024-R96; A RESOLUTION OF THE CITY OF BOERNE, TEXAS ADOPTING THE ARTS AND CULTURE STRATEGIC PLAN. 2024-640
  13. D. CONSIDER ON SECOND READING ORDINANCE NO. 2024-23; AN ORDINANCE ESTABLISHING THE RATE CLASSIFICATIONS AND RATES TO BE CHARGED FOR WASTEWATER SERVICE PROVIDED BY THE CITY OF BOERNE UTILITIES, AND REPEALING AND REPLACING ORDINANCE NO. 2015-20 DATED AUGUST 25, 2015, AND ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH. (Wastewater Service) 2024-601
  14. E. CONSIDER RESOLUTION NO. 2024-R97; A RESOLUTION OF THE CITY OF BOERNE, TEXAS CONSENTING TO THE ANNEXATION OF 116.458 ACRES OF LAND INTO KENDALL COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO. 2B. 2024-563
  15. F. CONSIDER RESOLUTION NO. 2024-R98; 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 SAFE STREETS FOR ALL (SS4A) GRANT PROGRAM. 2024-603
  16. G. CONSIDER RESOLUTION NO. 2024-R99; A RESOLUTION AUTHORIZING THE PURCHASE OF A GRADALL XL3100 FROM WAUKESHA-PEARCE INDUSTRIES, INC. FOR AN AMOUNT NOT TO EXCEED $528,544.00. (Street Department) 2024-617
  17. H. CONSIDER RESOLUTION NO. 2024-R100; A RESOLUTION DESIGNATING THE CITY’S QUARTERLY ALLOCATION OF GROUNDWATER PRODUCTION AS IT PERTAINS TO THE CITY’S WITHDRAWAL PERMIT FROM COW CREEK GROUNDWATER CONSERVATION DISTRICT TO 15, 35, 35, AND 15 PERCENT FOR CALENDAR YEAR 2025. (Annual withdrawal permit with Cow Creek) 2024-610
  18. I. CONSIDER RESOLUTION NO. 2024-R101; A RESOLUTION DESIGNATING THE CITY’S ANNUAL COMMITMENT FOR WATER FROM THE GUADALUPE-BLANCO RIVER AUTHORITY AS PART OF THE WESTERN CANYON REGIONAL WATER SUPPLY PROJECT TO RETAIN THE CURRENT ANNUAL COMMITMENT OF WATER FOR CALENDAR YEAR 2025 AT 2,125 ACRE-FEET. (Annual Commitment with GBRA) 2024-611
  19. J. CONSIDER RESOLUTION NO. 2024-R102; A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AND MANAGE AN AGREEMENT BETWEEN THE CITY OF BOERNE AND PUBLIC RESTROOM COMPANY TO PURCHASE AND INSTALL A NEW PUBLIC RESTROOM AT KINDERPARK FOR AN AMOUNT NOT TO EXCEED $181,000. 2024-633
  20. K. CONSIDER RESOLUTION NO. 2024-R103; A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AND MANAGE A CONTRACT BETWEEN THE CITY OF BOERNE AND SHI GOVERNMENT SOLUTIONS, INC. FOR THE PURCHASE OF ZSCALER SOFTWARE FOR AN AMOUNT NOT TO EXCEED $99,924.00. 2024-614
  21. L. CONSIDER RESOLUTION NO. 2024-R104; A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AND MANAGE AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOERNE, TEXAS AND KENDALL COUNTY, TEXAS FOR LIBRARY SYSTEM SERVICES. 2024-642
  22. M. CONSIDER RESOLUTION NO. 2024-R109; A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT A REFUND FROM THE KENDALL APPRAISAL DISTRICT AS REFLECTED IN THE AUDIT OF 2023 APPRAISAL AND COLLECTIONS BUDGET. 2024-645
  23. 32 REGULAR AGENDA:
  24. D. CONSIDER ON FIRST 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) approved Pass
  25. 6. PRESENTATIONS, PUBLIC HEARINGS, AND ORDINANCES:
  26. A. CONSIDER A ONE-TIME READING OF ORDINANCE NO. 2024-25; AS PERMITTED BY THE CITY OF BOERNE’S HOME RULE CHARTER SECTION 3.11.A. (As described below) 2024-644 approved Pass ▶ jump to 20:18
  27. B. CONSIDER ORDINANCE NO. 2024-25; AN ORDINANCE AMENDING ORDINANCE NO. 2003-02, CAPTIONED "CITY OF BOERNE SOLID WASTE COLLECTION AND DISPOSAL FRANCHISE AGREEMENT” AND ENACTING THE FIRST AMENDMENT TO THE SECOND AMENDED MUNICIPAL SOLID WASTE AGREEMENT. 2024-641 approved Pass ▶ jump to 25:21
  28. F. CONSIDER ON FIRST 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) 2024-631 approved Pass ▶ jump to 50:14
  29. C. CONSIDER THE UN-TABLING OF ORDINANCE NO. 2024-22, AS DESCRIBED BELOW. (tabled on 11/12/2024) 2024-636 approved Pass ▶ jump to 25:58
  30. D. CONSIDER ON FIRST 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) 2024-630 ▶ jump to 26:05
  31. E. CONSIDER THE UN-TABLING OF ORDINANCE NO. 2024-24, AS DESCRIBED BELOW. (tabled on 11/12/2024) 2024-637 approved Pass ▶ jump to 49:36
  32. F. CONSIDER ON FIRST 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) 2024-631 ▶ jump to 39:06
  33. G. RECEIVE THE FOURTH QUARTER FINANCIAL AND INVESTMENT REPORT FOR THE PERIOD ENDED SEPTEMBER 30, 2024. 2024-547 approved Pass ▶ jump to 58:18
  34. H. RECEIVE THE REPORT FROM THE PLANNING AND ZONING COMMISSION, PUBLIC HEARING, AND CONSIDER ON FIRST 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. (One of one public hearing, at the request of Barry Sanditen, Sanditen & Associates, Inc., on behalf of Boerne Medical Center, LTD) 2024-554 approved Pass ▶ jump to 71:45
  35. I. RECEIVE THE RECOMMENDATION FROM THE PLANNING AND ZONING COMMISSION, PUBLIC HEARING AND CONSIDER ON FIRST 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, Historic District) 2024-587 approved Pass ▶ jump to 77:29
  36. J. RECEIVE THE RECOMMENDATION FROM THE PLANNING AND ZONING COMMISSION, PUBLIC HEARING, AND CONSIDER ON FIRST READING ORDINANCE NO. 2024-28; 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; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A PENALTY FOR VIOLATION; AND CONTAINING A SEVERANCE CLAUSE (Amendment to Unified Development Code, Mobile Food Unit) 2024-589 approved Pass ▶ jump to 85:22
  37. K. RECEIVE THE RECOMMENDATION FROM THE PLANNING AND ZONING COMMISSION, PUBLIC HEARING AND CONSIDER ON FIRST 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) 2024-609 approved Pass ▶ jump to 87:49
  38. L. RECEIVE THE RECOMMENDATION FROM THE PLANNING AND ZONING COMMISSION, PUBLIC HEARING AND CONSIDER ON FIRST 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) 2024-588 approved Pass ▶ jump to 99:17
  39. 7. RESOLUTIONS:
  40. A. RECEIVE BIDS AND CONSIDER RESOLUTION NO. 2024-R105; A RESOLUTION OF THE CITY OF BOERNE, TEXAS, AWARDING THE CONTRACT FOR FY2025 STREET PRESERVATION TO ________ FOR AN AMOUNT NOT TO EXCEED $____; AND AUTHORIZING THE CITY MANAGER TO MANAGE AND EXECUTE THE RELATED CONTRACT WITH A NOT TO EXCEED TOTAL CONSTRUCTION COST OF $_____. (Slurry Seal) 2024-537 approved Pass ▶ jump to 103:10
  41. B. RECEIVE BIDS AND CONSIDER RESOLUTION NO. 2024-R106; A RESOLUTION OF THE CITY OF BOERNE, TEXAS, AWARDING THE CONTRACT FOR 2022 BOND ROADWAY RECONSTRUCTION TO ________ FOR AN AMOUNT NOT TO EXCEED $____; AND AUTHORIZING THE CITY MANAGER TO MANAGE AND EXECUTE THE RELATED CONTRACT. 2024-264 approved Pass ▶ jump to 106:02
  42. C. CONSIDER RESOLUTION NO. 2024-R107; A RESOLUTION OF THE CITY OF BOERNE, TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER INTO AND MANAGE AN PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF BOERNE AND HDR ENGINEERING, INC. FOR DESIGN OF UPGRADES TO OLD SAN ANTONIO ROAD WASTEWATER TREATMENT AND RECYCLING CENTER (WWTRC) FOR AN AMOUNT NOT TO EXCEED $4,345,790.00. 2024-612 approved Pass ▶ jump to 117:19
  43. D. CONSIDER RESOLUTION NO. 2024-R108; A RESOLUTION OF THE CITY OF BOERNE, TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER INTO AND MANAGE AN AGREEMENT BETWEEN THE CITY OF BOERNE AND CNG DELIVERY, LLC FOR A COMPRESSED NATURAL GAS TRAILER FOR EMERGENCY SUPPLY BACKUP FROM DECEMBER 2024 TO MARCH 2025 FOR AN AMOUNT NOT TO EXCEED $110,000. 2024-628 approved Pass ▶ jump to 121:10
  44. 8. CITY MANAGER'S REPORT: ▶ jump to 121:21
  45. A. MONTHLY PROJECTS REPORT. 2024-549 ▶ jump to 121:35
  46. B. DICKENS ON MAIN UPDATE. 2024-639 ▶ jump to 125:15
  47. 10. EXECUTIVE SESSION IN ACCORDANCE WITH THE TEXAS GOVERNMENT CODE: ▶ jump to 132:31
  48. 9. COMMENTS FROM COUNCIL – No discussion or action may take place. ▶ jump to 127:27
  49. 10. EXECUTIVE SESSION IN ACCORDANCE WITH THE TEXAS GOVERNMENT CODE: ▶ jump to 131:54
  50. A. SECTION 551.087 - DELIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS; POTENTIAL DEVELOPER FOR A PROPERTY LOCATED ON INTERSTATE HIGHWAY 10. (BISD new property / Acquiring ROW’s) 2024-608 ▶ jump to 131:56
  51. B. SECTION 551.071 - CONSULTATION WITH CITY ATTORNEY; SPENCER RANCH. 2024-634 ▶ jump to 132:13
  52. C. SECTION 551.074 - PERSONNEL MATTERS: RELATED TO THE CITY MANAGER’S EVALUATION. 2024-618 ▶ jump to 132:22
  53. 63 Approved: ____________________________ Mayor
  54. 11. RECONVENE INTO OPEN SESSION AND TAKE ANY NECESSARY ACTION RELATING TO THE EXECUTIVE SESSION AS DESCRIBED ABOVE. ▶ jump to 133:08
  55. 12. ADJOURNMENT ▶ jump to 133:22
  56. 67 CERTIFICATION I hereby certify that the above notice of meeting was posted on the 6 day of December, 2024 at 5:30 p.m.
  57. 68 Attest: ____________________________ City Secretary
  58. 69 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.
  59. 70 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.