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City Council

January 9, 2024 ·6:00 PM Final

City Council Chambers

Agenda PDF Minutes PDF 📹 Watch video Official record ↗

Agenda — 36 items

  1. 1 AGENDA REGULAR CITY COUNCIL MEETING RONALD C. BOWMAN CITY COUNCIL CHAMBERS 447 North Main Street Boerne, TX 78006 January 9, 2024 – 6:00 PM ▶ jump to 0:16
  2. 1 MINUTES REGULAR CITY COUNCIL MEETING RONALD C. BOWMAN CITY COUNCIL CHAMBERS 447 North Main Street Boerne, TX 78006 January 9, 2024 – 6:00 PM ▶ jump to 14:10
  3. 3 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).
  4. 1. CALL TO ORDER – 6:00 PM ▶ jump to 35:57
  5. 7 INVOCATION ▶ jump to 36:21
  6. 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 39:13
  7. 2. CONFLICTS OF INTEREST ▶ jump to 39:54
  8. 3. PUBLIC COMMENTS: ▶ jump to 40:03
  9. 4. CONSENT AGENDA: approved Pass ▶ jump to 41:49
  10. A. CONSIDER APPROVAL OF THE MINUTES OF THE REGULAR CALLED CITY COUNCIL MEETING OF DECEMBER 12, 2023. 2024-017
  11. B. CONSIDER ON SECOND READING ORDINANCE NO. 2023-38; AN ORDINANCE AMENDING THE CITY OF BOERNE CODE OF ORDINANCES, CHAPTER 16. PARKS AND RECREATION, SECTION 16-1, GENERAL PROVISIONS AND SECTION 16-2, BOERNE CITY LAKE, TO PROHIBIT THE CONSUMPTION AND POSSESSION OF ALCOHOLIC BEVERAGES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF NOT MORE THAN $200 FOR VIOLATION OF ANY PROVISION OF THIS ORDINANCE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. (Prohibit alcohol at Boerne City Lake) 2024-020
  12. C. CONSIDER ON SECOND READING ORDINANCE NO. 2023-39; AN ORDINANCE AMENDING THE CITY OF BOERNE CODE OF ORDINANCES, CHAPTER 6. CEMETERY, SECTION 6-26. CEMETERY HOURS OF OPERATION AND SECTION 6-27. INTERMENT AND INURNMENT; PROVIDING FOR A PENALTY OF NOT MORE THAN $200 FOR VIOLATION OF ANY PROVISION OF THIS ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. (Amend hours of operations and add double niche) 2024-021
  13. D. CONSIDER RESOLUTION NO. 2024-R01; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOERNE, TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER INTO AND MANAGE AN AGREEMENT BETWEEN THE CITY OF BOERNE AND HALFF ASSOCIATES, INC. FOR MUNICIPAL SEPARATE STORM SEWER (MS4) CONSULTING SERVICES FOR AN AMOUNT NOT TO EXCEED $34,000.00.
  14. E. CONSIDER RESOLUTION NO. 2024-R02; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOERNE, TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER INTO AND MANAGE AN AGREEMENT BETWEEN THE CITY OF BOERNE AND HALFF ASSOCIATES, INC. FOR FEMA COMMUNITY RATING SYSTEM (CRS) CONSULTING SERVICES FOR AN AMOUNT NOT TO EXCEED $20,000.00. 2024-014
  15. F. CONSIDER RESOLUTION NO. 2024-R03; A RESOLUTION ESTABLISHING PROCEDURES FOR A GENERAL ELECTION FOR MAY 4, 2024. (Considerar la resolución número 2024-R03; una resolución que establece los procedimientos para la elección general del 4 de mayo, 2024)
  16. 23 REGULAR AGENDA:
  17. 5. PRESENTATIONS, PUBLIC HEARINGS, RESOLUTIONS AND ORDINANCES: ▶ jump to 42:03
  18. 5A. RECEIVE THE RECOMMENDATION FROM THE PLANNING AND ZONING COMMISSION, PUBLIC HEARING, AND CONSIDER ON FIRST READING ORDINANCE NO. 2024-01; 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, GRANTING A SPECIAL USE PERMIT FOR AUTOMOBILE SALES TO 10.47 ACRES LOCATED AT 31905 INTERSTATE HIGHWAY 10 WEST (A10097 - SURVEY 170 A CRUZ, KAD NOS. 48805 AND 12233) IN A C3-EC, COMMUNITY COMMERCIAL ENTRANCE CORRIDOR OVERLAY DISTRICT AND A C4-EC, REGIONAL COMMERCIAL ENTRANCE CORRIDOR OVERLAY DISTRICT; REPEALING ALL ORDINANCES IN CONFLICT; CONTAINING A SEVERANCE CLAUSE; AND DECLARING AN EFFECTIVE DATE. (Receive the recommendation from the Planning and Zoning Commission, one of one public hearing, and consider on first reading an ordinance granting a special use permit for automobile sales at 31905 IH 10 W, at the request of K & C Holding LLC) approved Pass ▶ jump to 73:43
  19. B. CONSIDER RESOLUTION NO. 2024-R04; A RESOLUTION OF THE CITY OF BOERNE TO RATIFY THE EXECUTION OF A CONTRACT BETWEEN THE CITY OF BOERNE AND LONESTAR SITEWORK, LLC FOR AN EMERGENCY REPAIR OF THE WEST THEISSEN CULVERT FOR AN AMOUNT NOT TO EXCEED $89,830.00. approved Pass ▶ jump to 44:53
  20. C. CONSIDER ON FIRST READING ORDINANCE NO. 2024-R02; AN ORDINANCE AMENDING ORDINANCE NO. 2023-25, CAPTIONED “AN ORDINANCE ADOPTING THE ANNUAL BUDGET FOR THE CITY OF BOERNE, TEXAS, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2023, AND ENDING SEPTEMBER 30, 2024, IN ACCORDANCE WITH CHAPTER 102, LOCAL GOVERNMENT CODE; AND APPROPRIATING THE VARIOUS AMOUNTS THEREOF”. (Amend FY 23-24 Budget for emergency W. Theissen Culvert repair) approved Pass ▶ jump to 46:11
  21. D. CONSIDER RESOLUTION NO. 2024-R05; A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AND MANAGE AN AGREEMENT BETWEEN THE CITY OF BOERNE AND MAESTAS & ASSOCIATES, LLC FOR THE DESIGN OF THE SCHWEPPE SIDEWALK PROJECT FOR AN AMOUNT NOT TO EXCEED $61,855.00. (Sidewalks along E. Hosack and Schweppe Street) approved Pass ▶ jump to 49:41
  22. 6. OTHER:
  23. A. PUBLIC HEARING AND CONSIDER AN APPEAL OF A VESTED RIGHTS DETERMINATION OF THE CITY MANAGER FOR THE PROPERTY AT 678 ROSEWOOD AVENUE. (One of one public hearing) denied Pass ▶ jump to 121:14
  24. 7. CITY MANAGER'S REPORT:
  25. A. RECOGNITION FOR “BEST IN CLASS EMPLOYER AWARD” FROM GALLAGHER. 2024-023 ▶ jump to 50:03
  26. B. RECOGNITION FOR “CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING” FROM THE GOVERNMENT FINANCE OFFICERS ASSOCIATION. 2024-024 ▶ jump to 52:32
  27. 8. COMMENTS FROM COUNCIL – No discussion or action may take place. ▶ jump to 121:36
  28. 9. EXECUTIVE SESSION IN ACCORDANCE WITH THE TEXAS GOVERNMENT CODE: ▶ jump to 121:45
  29. A. 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. (Old San Antonio Rd) 2024-025
  30. 10. RECONVENE INTO OPEN SESSION AND TAKE ANY NECESSARY ACTION RELATING TO THE EXECUTIVE SESSION AS DESCRIBED ABOVE. ▶ jump to 122:45
  31. 11. ADJOURNMENT ▶ jump to 123:10
  32. 45 _______________________________ Mayor
  33. 46 CERTIFICATION I hereby certify that the above notice of meeting was posted on the 5th day of January, 2024 at 12:30 p.m.
  34. 47 _______________________________ City Secretary
  35. 49 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.
  36. 50 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.