AGENDA REGULAR CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 124 Old San Antonio Road Boerne, TX November 22, :00 p.m.

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1 AGENDA REGULAR CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 124 Old San Antonio Road Boerne, TX November 22, :00 p.m. 1. CALL TO ORDER 7:00 PM 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. PUBLIC COMMENTS: This is the opportunity for visitors and guests to address the City Council on any issue. 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) 3. 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. Approval of Minutes of November 8, 2011 (Regular), November 17, 2011 (H-E-B Plus) B. Consider On Second Reading Ordinance No ; An Ordinance Amending The Code Of Ordinances, City Of Boerne, Texas Chapter 21- Taxation Section Taxation Of Tangible Personal Property In Transit (A) (2) (B). C. Consider Resolution No R; A Resolution Authorizing The City Manager To Proceed With Purchases As Per Section 6.08 Of The City Of Boerne s Home Rule Charter (Breathing Air Compressor For Fire Dept.) 4. CONSIDER MAYOR APPOINTMENTS TO THE BOERNE HOUSING AUTHORITY AND THE LIBRARY ADVISORY BOARD 5. CONSIDER RESOLUTION NO R100; A RESOLUTION DESIGNATING THE CITY 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 CONSIDER RESOLUTION NO R101; A RESOLUTION DESIGNATING THE CITY S ALLOCATION OF GROUNDWATER PRODUCTION AS IT PERTAINS TO THE CITY S WITHDRAWAL PERMIT FROM COW CREEK GROUNDWATER CONSERVATION DISTRICT TO RETAIN THE CURRENT QUARTERLY ALLOCATION FOR CALENDAR YEAR 2012

2 7. RECOGNIZE THE PATRICK HEATH PUBLIC LIBRARY AS LEED GOLD CERTIFIED 8. CONSIDER RESOLUTION NO R102; A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AND MANAGE A LEASE AGREEMENT WITH THE FRIENDS OF THE BOERNE PUBLIC LIBRARY 9. CONSIDER RESOLUTION NO R103; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOERNE, TEXAS, ACCEPTING THE PETITION AND SETTING THE DATE, TIME, AND PLACE FOR TWO PUBLIC HEARINGS ON THE PROPOSED ANNEXATION OF CERTAIN PROPERTY BY THE CITY OF BOERNE, TEXAS; AUTHORIZING AND DIRECTING THE PUBLICATION OF NOTICE OF SUCH PUBLIC HEARINGS (1520 River Road, at the request of property owner Lorraine Massey) 10. CONSIDER A ONE TIME READING OF ORDINANCE NO ; AS PERMITTED BY THE CITY OF BOERNE S HOME RULE CHARTER, SECTION 3.11.A. 11. CONSIDER ORDINANCE NO ; AN ORDINANCE AMENDING ORDINANCE NO , CAPTIONED CITY OF BOERNE SUBDIVISION ORDINANCE, DATED NOVEMBER 13, 2007, ARTICLE 1. GENERAL PROVISIONS, SECTION 04. DEFINITIONS, SECTION 08. REPEAL OF CONFLICTING ORDINANCES, ARTICLE 2. PROCEDURES, SECTION 02. PROCEDURES FOR PRELIMINARY PLAT, SECTION 03. DESIGN AND CONSTRUCTION PLANS, SECTION 05. PROCEDURES FOR ADMINISTRATIVE PLAT, ARTICLE 3. PLANNING AND COMMUNITY DESIGN STANDARDS, SECTION 02, TRANSPORTATION NETWORK AND STREET DESIGNS, SECTION 04. BLOCKS AND LOTS, ARTICLE 6. DRAINAGE AND FLOOD HAZARDS, SECTION 04. DRAINAGE SYSTEM DESIGN STANDARDS, ARTICLE 7. WATER AND SEWERS, SECTION 06. SEPTIC SYSTEMS, SECTION 07, WASTEWATER SYSTEM DESIGN STANDARDS, ARTICLE 8. UTILITY EXTENSIONS AND GENERAL SUBDIVISION IMPROVEMENTS, SECTION 01. GENERAL REQUIREMENTS, SECTION 03. COSTS OF UTILITY EXTENSIONS, SECTION 04. COST DISTRIBUTION FOR OVERSIZED FACILITIES, EXHIBIT A, UTILITY EASEMENT, ADDING LARGE LEGACY TREE AND GRID STREET SETBACKS 12. CONSIDER A ONE TIME READING OF ORDINANCE NO ; AS PERMITTED BY THE CITY OF BOERNE S HOME RULE CHARTER, SECTION 3.11.A. 13. CONSIDER ORDINANCE NO ; AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF BOERNE, TEXAS, BY AMENDING CHAPTER 8, ARTICLE II, FIRE PREVENTION CODE, SECTION AMENDMENT

3 14. RECEIVE RECOMMENDATIONS FROM THE PLANNING AND ZONING COMMISSION AND CALL FOR A PUBLIC HEARING ON DECEMBER 13, 2011: A. Proposed PUD Overlay District Of Acres Located At 12 Hwy 474 (Saddlehorn) B. Proposed Accessory Dwelling On +/- 14 Acres Located At 35 Old San Antonio Road C. Proposed Revisions To The Thoroughfare Plan Dated September 14, COMMENTS FROM COUNCIL/LEGAL COUNSEL/STAFF No discussion or action may take place. 16. EXECUTIVE SESSION IN ACCORDANCE WITH THE TEXAS GOVERNMENT CODE: A. Section : Municipally Owned Utility, Competitive Matter: i. CPS Contract- Gas Hedging ii. LCRA Purchased Power Contract B. Section : Consultation With Attorney, Pending or Contemplated Litigation: i. LULAC v. City of Boerne, et.al. (5:96 cv 00808) Update on Pending Litigation ii. Other Contemplated Litigation Matters C. Section : Deliberation Regarding Economic Development Negotiations Texas Star Nut and Food Company D. Section : Deliberation Regarding Real Property: Dienger Building 17. RECONVENE INTO OPEN SESSION AND TAKE ANY NECESSARY ACTION RELATING TO EXECUTIVE SESSION AS DESCRIBED ABOVE 19. ADJOURNMENT s/s Ronald C. Bowman City Manager CERTIFICATION I hereby certify that the above notice of meeting was posted on the 18th day of November, 2011 at 5:00 p.m. s/s Lori A Carroll City Secretary NOTICE OF ASSISTANCE AT THE PUBLIC MEETINGS The Police / Municipal Court Complex is wheelchair accessible. Access to the building and special parking is available at the front entrance of the building. Requests for special services must be received forty-eight (48) hours prior to the meeting time by calling the City Secretary at

4 MINUTES CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 124 Old San Antonio Road Boerne, TX November 8, :00 p.m. 3.A. Minutes of the City Council Meeting of November 8, 2011, 7:00 p.m. Present: Staff Present: Registered / Recognized Guests: Mayor Mike Schultz, Council Member Jacques DuBose, Council Member Ron Cisneros, Mayor Pro Tem Jeff Haberstroh, Council Member J Kuper, Council Member Nina Woolard Ron Bowman, Paul Barwick, Pam Bransford, Lori Carroll, Pam Bransford, Kirsten Cohoon, Jim Kohler, Mike Mann, Mark Mattick, Sandy Mattick, Doug Meckel, Mike Raute, Jeff Thompson, Joe Tippett, Chris Turk, Larry Woods, Linda Zartler, and Danny Zincke Doris Perez, Dan Rogers, Melissa Milton, Chris Christianson, Carol Schultz, Bryan Woods, Cathie Meadows, Dan Pedrotti, Jr., Pete Cowger, and Ryan Kessler. D. Wilson Representative Steve Tomka 1. CALL TO ORDER 7:00 PM Mayor Schultz called the City Council to order at 7:00 p.m. 2. PUBLIC COMMENTS: Doris Perez - President of the Hill Country Council for the Arts, announced the 2012 Boerne Performing Arts Festival entertainment to include Bowfire, TAO: The Art of the Drum, and the Vienna Boys Choir. Ms. Perez introduced the Hill Country Council for the Arts Board Members and Committee Members. 3. CONSENT AGENDA A. Approval of Minutes of October 25, 2011 (KCEDC Bi-Annual Investor s Meeting), October 25, 2011 (Regular Council Meeting) B. Consider On Second Reading Ordinance No ; An Ordinance Amending The City Of Boerne Zoning Ordinance No , Captioned, Zoning Ordinance Of The City Of Boerne, Texas, Dated December 18, 2007, By Amending Article 3, Section 14, Rezoning Acres Located At Johns Road And Lattimore From B-2R, Highway Commercial Restricted And R- 3, Moderate Density Residential District To R-4, Multifamily Residential District; Repealing All Ordinances In Conflict; Containing A Severance Clause; And Declaring An Effective Date C. Consider On Second Reading Ordinance No ; An Ordinance Amending The City Of Boerne Zoning Ordinance No , Captioned, Zoning Ordinance Of The City Of Boerne, Texas, Dated December 18, 2007, By Amending Article 3, Section 14, Rezoning Acres Located At 12 Hwy 474 From MHC, Manufactured Home Community To R-2, Moderate Density Residential District; Repealing All Ordinances In Conflict; Containing A Severance Clause; And Declaring An Effective Date (Saddlehorn Subdivision)

5 D. Consider Resolution No R96; A Resolution Authorizing The City Manager To Enter Into And Manage A Professional Service Agreement With J & L Consulting, LLC For The National Environmental Policy Act (NEPA) Study (IH 10 Frontage Road at Highway 46) MOTION WAS MADE BY COUNCIL MEMBER DUBOSE TO APPROVE THE CONSENT AGENDA AS PRESENTED. MAYOR PRO TEM HABERSTROH SECONDED THE MOTION. COUNCIL VOTED PUBLIC HEARING to hear comments on the following: A. Receive Comments on the Super Freeport Tax Exemption Mayor Schultz opened the Public Hearings at 7:13 p.m. No comments were received. B. Proposed Planned Unit Development (PUD) Plan for acres located at 12 Hwy 474. (Saddlehorn Subdivision) No comments were received. Mayor Schultz closed the Public Hearings at 7:14 p.m. 5. TAKE ANY NECESSARY ACTION RESULTING FROM THE PUBLIC HEARING: A. CONSIDER ON FIRST READING ORDINANCE NO ; AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF BOERNE, TEXAS CHAPTER 21- TAXATION SECTION TAXATION OF TANGIBLE PERSONAL PROPERTY IN TRANSIT (a) (2) (b). Mayor Schultz called on Ms. Sandy Mattick, Finance Director. Ms. Mattick explained the Senate Bill 1 requirement of governmental entities to take affirmative action prior to December 31, 2011 to continue taxing Super Freeport Goods-In-Transit in tax year 2012 and beyond. MOTION WAS MADE BY MAYOR PRO TEM HABERSTROH TO APPROVE ON FIRST READING ORDINANCE NO ; AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF BOERNE, TEXAS CHAPTER 21- TAXATION SECTION TAXATION OF TANGIBLE PERSONAL PROPERTY IN TRANSIT (a) (2) (b). COUNCIL MEMBER CISNEROS SECONDED THE MOTION. COUNCIL VOTED 5-0. B. CONSIDER PROPOSED PLANNED UNIT DEVELOPMENT (PUD) PLAN FOR ACRES LOCATED AT 12 HWY 474. Mayor Schultz called on Mr. Chris Turk, Planning and Community Development Director. Mr. Turk displayed a map of the proposed PUD Plan that will be applied to the Saddlehorn Subdivision located at 12 Hwy 474. Mr. Turk explained that the property is strictly residential, with no commercial zoning requested. Mr. Turk noted that the Planning and Zoning Commission recommended approval of the PUD Plan with the conditions of a street connection to the south and each residence shall have a minimum of 420 sf two-car garage.

6 MOTION WAS MADE BY COUNCIL MEMBER CISNEROS TO APPROVE THE PROPOSED PLANNED UNIT DEVELOPMENT (PUD) PLAN FOR ACRES LOCATED AT 12 HWY 474. COUNCIL MEMBER KUPER SECONDED THE MOTION. COUNCIL VOTED PRESENTATION OF CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING FROM THE GOVERNMENT FINANCE OFFICERS ASSOCIATION Mayor Schultz presented the Certificate of Achievement for Excellence in Financial Reporting to Mr. Joe Tippett, Assistant Finance Director and Ms. Sandy Mattick, Finance Director and expressed his appreciation to them and their staff for the achievement for the 24 th consecutive year. 7. CONSIDER RESOLUTION NO R97; A RESOLUTION CASTING THE CITY S VOTES IN THE ELECTION TO THE KENDALL COUNTY APPRAISAL DISTRICT BOARD OF DIRECTORS. Mayor Schultz reminded the City Council of the action taken in September nominating Mr. J.E. Pete Peters to serve on the Kendall County Appraisal District s board of directors as the City s representative. Mayor Schultz referenced the ballot before City Council to cast the 472 votes allocated to the City electing Mr. Pete Peters to the Kendall County Appraisal District s board of directors. MOTION WAS MADE BY COUNCIL MEMBER KUPER TO APPROVE RESOLUTION NO R97; CASTING THE CITY S VOTES IN THE ELECTION TO THE KENDALL COUNTY APPRAISAL DISTRICT BOARD OF DIRECTORS. COUNCIL MEMBER DUBOSE SECONDED THE MOTION. COUNCIL VOTED CONSIDER A ONE TIME READING OF ORDINANCE NO ; AS PERMITTED BY THE CITY OF BOERNE S HOME RULE CHARTER, SECTION 3.11.A. MOTION WAS MADE BY COUNCIL MEMBER CISNEROS TO APPROVE A ONE TIME READING OF ORDINANCE NO ; AS PERMITTED BY THE CITY OF BOERNE S HOME RULE CHARTER, SECTION 3.11.A. MAYOR PRO TEM HABERSTROH SECONDED THE MOTION. COUNCIL VOTED CONSIDER ORDINANCE NO ; AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF BOERNE, TEXAS CHAPTER 12, ARTICLE IX. TOW TRUCKS, SECTIONS (4) APPLICATIONS Mayor Schultz called on Police Chief Jim Kohler. Chief Kohler explained the minor amendment in the ordinance changing the rotation schedule of the tow truck service. MOTION WAS MADE BY COUNCIL MEMBER KUPER TO APPROVE ORDINANCE NO ; AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF BOERNE, TEXAS CHAPTER 12, ARTICLE IX. TOW TRUCKS, SECTIONS (4) APPLICATIONS. COUNCIL MEMBER WOOLARD SECONDED THE MOTION. COUNCIL VOTED CONSIDER RESOLUTION NO R98; A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AND MANAGE A PROFESSIONAL SERVICE AGREEMENT WITH THE UNIVERSITY OF TEXAS AT SAN ANTONIO (UTSA) FOR ARCHEOLOGICAL INVESTIGATION

7 Mayor Schultz called on Mr. Mike Mann, Public Works Director. Mr. Mann introduced Dr. Steve Tomka, an archeologist consultant from UTSA. Mr. Mann explained while excavating for the WWTRC pipeline a small deposit of archeological items was found. To comply with the Texas Historic Commission, Mr. Mann noted that further testing at the site will be required and that UTSA s current contract will need to be amended to conduct the testing. MOTION WAS MADE BY COUNCIL MEMBER KUPER TO APPROVE RESOLUTION NO R98; A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AND MANAGE A PROFESSIONAL SERVICE AGREEMENT WITH THE UNIVERSITY OF TEXAS AT SAN ANTONIO (UTSA) FOR ARCHEOLOGICAL INVESTIGATION, NOT TO EXCEED $29,997. MAYOR PRO TEM HABERSTROH SECONDED THE MOTION. COUNCIL VOTED RECEIVE UPDATE ON TRAILS CONSTRUCTION STATUS; INCLUDING THE CLOSURE OF RIVER ROAD PARK. Mayor Schultz called on Mr. Danny Zincke, Parks and Recreation Director. Mr. Zincke discussed the planned improvements to the River Road Park as part of the 2007 bond issuance. Mr. Paul Barwick, Special Projects Director reviewed the time frame of the project and the progress. Mr. Bryan Woods of D Wilson Construction was available to answer questions. A discussion ensued regarding fencing for safety of the public. Mr. Woods addressed the concerns and offered to install a more sturdy fencing in certain hazardous areas of the construction. MOTION WAS MADE BY MAYOR PRO TEM HABERSTROH TO RECEIVE THE UPDATE ON THE TRAILS CONSTRUCTION, CONCUR WITH STAFF S RECOMMENDATION OF THE CLOSURE OF RIVER ROAD PARK UNTIL THE IMPROVEMENTS OF RIVER ROAD PARK ARE COMPLETE, AND TO ACCEPT THE OFFER FROM D WILSON CONSTRUCTION TO PROVIDE A MORE PERMANENT FENCING IN AREAS OF SAFETY CONCERNS. COUNCIL MEMBER CISNEROS SECONDED THE MOTION. COUNCIL VOTED COMMENTS FROM COUNCIL/LEGAL COUNSEL/STAFF No comments were received. 13. EXECUTIVE SESSION IN ACCORDANCE WITH THE TEXAS GOVERNMENT CODE: A. Section Deliberation Regarding Real Property: i. Dienger Building ii. Conference Center Mayor Schultz convened the City Council into Executive Session at 7:50 p.m. and requested those individuals directed to participate to adjourn to the Executive Conference Room. 14. RECONVENE INTO OPEN SESSION AND TAKE ANY NECESSARY ACTION RELATING TO EXECUTIVE SESSION AS DESCRIBED ABOVE Mayor Schultz reconvened City Council into Open Session at 9:05 p.m. No action was taken.

8 ADJOURNMENT MOTION WAS MADE BY COUNCIL MEMBER CISNEROS TO ADJOURN THE CITY COUNCIL MEETING AT 9:05 PM. COUNCIL MEMBER KUPER SECONDED THE MOTION. COUNCIL VOTED 5-0. APPROVED: APPROVED: MAYOR CITY SECRETARY

9 MINUTES SPECIAL CALLED CITY COUNCIL MEETING H-E-B 420 W Bandera Rd Boerne, TX November 17, :00 a.m. 3.A. Minutes of the Special Called City Council Meeting of November 17, 2011, 10:00 a.m. Present: Staff Present: Registered/ Recognized Guests: Mayor Mike Schultz, Council Member Jacques DuBose, Mayor Pro Tem Jeff Haberstroh, Council Member Nina Woolard. Council Member J Kuper and Council Member Ron Cisneros were absent. Ron Bowman, Pam Bransford, Lori Carroll, Ray Hacker, Jim Kohler, Wendy Little, Doug Meckel, Jeff Thompson, Linda Tom, Larry Woods, and Linda Zartler Due to nature of event, no guests registered. 1. CALL TO ORDER 10:00 A.M. Mayor Schultz called the City Council to order at 10:00 a.m. 2. NEW STORE RIBBON CUTTING The event was hosted by H-E-B Plus store. Mr. J. B. Shurbert, Store Manager gave welcoming remarks and introduced the H-E-B department managers. Mr. Shurbert introduced Mayor Schultz who thanked H-E-B leadership team for committing to serving our community. Ms. Beca Short, Chamber of Commerce Board Chairman presented Mr. Shurbert with a ribbon cutting certificate for the new store. Mr. Shurbert introduced Ms. Kaye Ellison, Challenge Lab Teacher at Kendall Elementary School and two students from the Gifted and Talented class. Mr. Shurbert presented the students with a $500 gift card for their efforts in designing a shopping card for H-E-B. Mr. Shurbert continued with H-E-B donation announcements to include $10,000 to the Boerne Business Alliance for Dickens On Main. Ms. Tracy Bradfield and Santa Claus accepted the donation and reminded everyone of the event which will be held November 26 th and 27 th and December 3 rd and 4 th. $7,500 was presented to St. Peter s Church to benefit their annual Fall Festival which included a store shopping spree to the winner of the raffle. Mr. Shurbert announced that tomorrow the existing store will be closed and soon after demolished. H-E-B will donate all approved salvageable building materials and fixtures to Hill Country Daily Bread Ministries. Mr. Shurbert asked Ms. Terri Politi and Ms. Beca Short from the Boerne Chamber and Mayor Schultz to join him in the official ribbon cutting. Ms. Diane Biggers winner of the St. Peter s Church raffle, was given 2 minutes and 30 seconds to shop the store. ADJOURNMENT The City Council Adjourned at 10:40 a.m. APPROVED: ATTEST: Mayor City Secretary

10 3.B. ORDINANCE NO AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF BOERNE, TEXAS CHAPTER 21- TAXATION SECTION 21-2 TAXATION OF TANGIBLE PERSONAL PROPERTY IN TRANSIT (a) (2) (b). WHEREAS, the 82 nd Texas Legislature in Special Session, enacted Senate Bill 1, to take effect on September 1, 2011, which would require a taxing unit to take action, in the required manner, after October 1, 2011, to provide for the taxation of goods-in-transit; and WHEREAS, Tex. Tax Code Section (j-1) as amended allows the governing body of a taxing unit, after conducting a public hearing, to provide for the continued taxation of such goods-in-transit; and WHEREAS, on November 27 th, 2007 the Boerne City Council adopted Ordinance allowing taxation of such goods; and WHEREAS, from time to time, it becomes necessary to amend or replace ordinances; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOERNE, TEXAS, THAT: That Sec (a) (2) (b) be amended to read as follows: (b). Is stored at a location in this state in which the owner of the property does not have a direct or indirect ownership interest; PASSED and APPROVED on first reading on this the 8 th day of November, PASSED, APPROVED and ADOPTED on second reading on this the day of, APPROVED: ATTEST: Mayor City Secretary APPROVED AS TO FORM: City Attorney

11 AGENDA ITEM SUMMARY ITEM NO: 3.C. DESCRIPTION: A Resolution Authorizing The City Manager To Proceed With Purchases As Per Section 6.08 Of The City Of Boerne s Home Rule Charter (Breathing Air Compressor For Fire Dept.) AGENDA DATE: DEPARTMENT FIRE CONTACT PERSON Doug Meckel SUMMARY: In the FY 2011/2012 budget the Fire Department was approved $50,000 to purchase a new breathing air compressor with a breathing apparatus bottle fill station and storage. We received four quotes for the compressor as follows: 1. Hoyt Breathing Air Products - $42, Municipal Emergency Services (MES) - $42, August Industries - $49, CASCO - $55, Staff is recommending the low bid from Hoyt Breathing Air Products. COST $42, SOURCE OF FUNDS 2011/2012 Budget RECOMMENDED Approve purchase. ACTION ADDITIONAL See Attached. INFORMATION POWER POINT? This summary is not meant to be all inclusive. Supporting documentation is attached.

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14 RESOLUTION NO R99 A RESOLUTION AUTHORIZING THE CITY MANAGER TO PROCEED WITH PURCHASES AS PER SECTION 6.08 OF THE CITY OF BOERNE S HOME RULE CHARTER WHEREAS, the Home Rule Charter establishes purchase procedures requiring approval for all contract expenditures in excess of Fifteen Thousand Dollars ($15,000.00); and WHEREAS, the item/vehicle to be purchased has been appropriated for in the budget; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BOERNE, TEXAS: that the City Council hereby authorizes the City Manager for the following purchase(s): Breathing Air Compressor not to exceed $ 42, PASSED and APPROVED on this the day of November, APPROVED: ATTEST: Mayor City Secretary

15 AGENDA ITEM SUMMARY ITEM NO: 5. DESCRIPTION: A Resolution Designating The City 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 2012 AGENDA DATE: November 22, 2011 DEPARTMENT Public Works CONTACT PERSON Michael Mann Public Works Director SUMMARY: Our agreement with GBRA requires that we declare our annual commitment for treated water. This is the volume of water that we would receive in 2012, which is only a portion of the total amount available to the City under the Western Canyon Regional Water Supply Project. When water became available in the Spring of 2006, our initial annual commitment was 500 acre-feet of the 1,861 acre-feet we had reserved. When additional supplies became available under the project in early 2007, we raised our reservation amount to 2,361 acre-feet. GBRA required us to raise our annual commitment to 600 acre-feet per year at that time. Our annual commitment was again raised in the summer of 2008, when we took over the 1,250 acre-foot reservation from M-A Boerne Partners (Esperanza). Our annual commitment has remained 975 acre-feet since that time. We receive our water from GBRA on a constant flow basis throughout the year. The raw water cost, which we must pay on our 3,611 acre-foot entire reservation volume, is $114 per acre-foot. The costs for the water we receive from the GBRA project are $ per acre-foot for debt service (plant and pipeline construction costs) and $0.92 per thousand gallons ($ per acre-foot) for operation and maintenance of the facilities required to deliver the water to us. The 2008 Development Agreement executed with M-A Boerne Partners requires M-A Boerne to pay approximately 2/3 the cost of 300 acre-feet of water per year that the City has been receiving ever since. This has benefited the City by raising our firm water availability and reducing local groundwater demand, even though there are not yet any residents in Esperanza. When development in Esperanza occurs, the M-A Boerne

16 payments will diminish as we are able to bill potable water rates to the Esperanza residents. The water from GBRA is the most expensive water in our supply and costs a little less than $3.00 per thousand gallons to purchase and pump into our system. This is compared to the estimated cost of groundwater and City Lake water production at about $0.50 and $1.50, respectively. Over the past 12 months, we have produced 2,309 acre feet from our combined resources. Treated water from GBRA amounted to 42 percent of our supply, and water from the City water treatment plant at Boerne City Lake made up 26 percent of our supply. Only 32 percent of our supply was pumped from wells. Using this mixture of primarily firm surface water, coupled with our use restrictions, we were able to adequately serve our customer demand through the recent drought. Although the drought may continue, we do not anticipate significant customer base growth within the next year. It is time for the City to inform GBRA of our desired annual commitment for We can increase our commitment if desired, but we can never subsequently reduce the amount we take. The current fiscal year budget includes about $1,213,300 for GBRA water cost. Of this total, $270,723 is to be reimbursed by M-A Boerne per the arrangement described above. We could increase our annual commitment from GBRA by up to 300 acre-feet without exceeding our winter demand. However, we did not budget to increase our annual commitment this fiscal year. While doing so would likely reduce the amount that we would need to pump from local resources, the net cost increase would amount to at least $650 per acre-foot. On the basis of current and projected consumption for 2011 and our potable water production ability from our wells and water treatment plant, Staff recommends that we retain our current annual commitment from GBRA for calendar year COST SOURCE OF FUNDS RECOMMENDED ACTION ADDITIONAL INFORMATION N/A N/A Staff recommends that Council pass the Resolution to retain the current 975 acre-foot annual commitment of water from GBRA s Western Canyon Regional Water Supply Project for calendar year This summary is not meant to be all inclusive. Supporting documentation is attached.

17 RESOLUTION NO R100 A RESOLUTION DESIGNATING THE CITY 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 2012 WHEREAS, the City of Boerne finds it necessary to retain the current annual commitment of water for the City of Boerne. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BOERNE, TEXAS: that the City Council hereby approves designation of the City s commitment for water from Guadalupe-Blanco River Authority as part of the Western Canyon Regional Water Supply Project by retaining the current annual commitment of approximately 975 acre feet commitment for the City of Boerne for the calendar year PASSED and APPROVED on this the day of November, APPROVED: ATTEST: Mayor City Secretary

18 AGENDA ITEM SUMMARY ITEM NO: 6. DESCRIPTION: A Resolution Designating The City s Allocation Of Groundwater Production As It Pertains To The City s Withdrawal Permit From Cow Creek Groundwater Conservation District To Retain The Current Quarterly Allocation For Calendar Year 2012 AGENDA DATE: November 22, 2011 DEPARTMENT Public Works CONTACT PERSON Michael Mann Public Works Director SUMMARY: Since 2007, the City has operated is water supply wells under a permit from the Cow Creek Groundwater Conservation District (CCGCD). This permit allows a maximum withdrawal amount of 1,850 acre-feet (A-F) from any combined production from the various City wells. We are required to pay production fees for all 1,850 acre-feet, whether or not we actually pump that amount. Our maximum permitted withdrawal is allocated on a quarterly basis, which we can assign. However, the quarterly withdrawal amounts (as well as the total annual permitted amount) are subject to reduction by any drought restrictions that the CCGCD may impose. The permit requires that we submit a proposed Quarterly Scheduled Withdrawal Amount every year. Since we received our permit in 2007, our permit has been broken down as 20, 30, 30 and 20 percent (370, 555, 555 and 370 A-F) of the total from the first through the fourth quarters of the year, respectively. For the prior year, our quarterly groundwater production amounts equaled 133 and 149 acre-feet for the first and fourth quarters, respectively and 215 and 244 acre-feet for the second and third quarters, respectively. These amounts were well under half of our permitted quarterly withdrawals, and were well within compliance of drought restrictions. Of our total water production, groundwater resources (wells) produced only 32 percent of our total. Staff recommends that the Council retain our current quarterly percentage allocation of our groundwater withdrawal permit for calendar year 2012.

19 COST SOURCE OF FUNDS RECOMMENDED ACTION ADDITIONAL INFORMATION N/A N/A Staff recommends that Council pass the Resolution to retain the current quarterly allocation (370, 555, 555, 370 A-F for 1 st through 4 th quarters) of groundwater production as it pertains to the City s withdrawal permit with the Cow Creek Groundwater Conservation District for calendar year This summary is not meant to be all inclusive. Supporting documentation is attached.

20 RESOLUTION NO R101 A RESOLUTION DESIGNATING THE CITY S ALLOCATION OF GROUNDWATER PRODUCTION AS IT PERTAINS TO THE CITY S WITHDRAWAL PERMIT FROM COW CREEK GROUNDWATER CONSERVATION DISTRICT TO RETAIN THE CURRENT QUARTERLY ALLOCATION FOR CALENDAR YEAR 2012 WHEREAS, the City of Boerne finds it necessary to retain the current quarterly allocation of groundwater production of as it pertains to the City s withdrawal permit for calendar year 2012; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BOERNE, TEXAS: that the City Council hereby approves designation of the City s allocation of groundwater production as it pertains to the City s withdrawal permit from Cow Creek Groundwater Conservation District to retain the current quarterly allocation of 1,850 acre feet commitment of the groundwater production for calendar year PASSED and APPROVED on this the day of November, APPROVED: ATTEST: Mayor City Secretary

21 AGENDA ITEM SUMMARY ITEM NO: 7. DESCRIPTION: Recognize The Patrick Heath Public Library As LEED Gold Certified AGENDA DATE: 11/22/11 DEPARTMENT Library CONTACT PERSON Kelly Skovbjerg SUMMARY: In the initial stages of library design, council was clear in its intent for the library to not only build to Leadership in Energy and Environmental Design (LEED) standards, but to achieve Silver LEED certification. The United States Green Building Council (USGBC) has informed us that the new PHPL has achieved Gold LEED certification, one level above Silver. We are the first public building in Kendall County to achieve this designation. The foresight shown by the City of Boerne in 2008 recognizes that the library, as a centrally located, public facility, can serve as an educational tool for sustainable building and conservation of natural resources. We plan to host a reception and dedication ceremony in January. Details will be forthcoming. COST SOURCE OF FUNDS RECOMMENDED ACTION ADDITIONAL INFORMATION POWER POINT? n/a n/a n/a yes

22 AGENDA ITEM SUMMARY ITEM NO: 8. DESCRIPTION: A Resolution Authorizing The City Manager To Enter Into And Manage A Lease Agreement With The Friends Of The Boerne Public Library AGENDA DATE: November 22, 2011 DEPARTMENT Library CONTACT PERSON Kelly Skovbjerg/Kirsten Cohoon SUMMARY: In April of this year, City Council approved a resolution for the Friends of the BPL ( FOBPL ) to construct a one-story annex building to the north of the new library facility not to exceed 2,800 square feet, which would then be transferred to City ownership. The Council also resolved to enter into a lease agreement with the FOBPL at completion and prior to occupancy of the building. The building is now complete and the Parties have agreed to a twenty (20) year lease agreement with a $10 per year lease amount. COST SOURCE OF FUNDS RECOMMENDED ACTION ADDITIONAL INFORMATION We ask that City Council approve the Lease Agreement as presented. n/a APPROVE LEASE AGREEMENT BETWEEN THE CITY OF BOERNE AND THE FRIENDS OF THE BOERNE PUBLIC LIBRARY, 451 N. Main Street, Bldg. 200 Lease Agreement Attached. This summary is not meant to be all inclusive. Supporting documentation is attached.

23 LEASE AGREEMENT STATE OF TEXAS COUNTY OF KENDALL This LEASE AGREEMENT (the Lease ) is made this day of, 2011 between the CITY OF BOERNE (CITY); (the Lessor ), whose address is City Hall, 402 E. Blanco, (Post Office Box 1677), Boerne, Texas, , and the FRIENDS OF THE BOERNE PUBLIC LIBRARY (FRIENDS); (the Lessee ), a non-profit corporation incorporated under the laws of the State of Texas, whose address is 451 North Main St., Building 200, Boerne, Texas WHEREAS, The Lessee and Lessor seek to promote the goals of encouraging the development of the Boerne Patrick Heath Public Library ( BPHPL ), and expand and enrich the services provided to its patrons; and WHEREAS, The Lessee is a nonprofit organization designed to support the BPHPL by funding new equipment, supplies, public programs and special projects that are not covered by other funding sources; and WHEREAS, It is in the mutual best interest of the parties hereto to enter in to this Agreement establishing the rights and obligations of both parties as it pertains to the use of the BPHPL facilities, materials, space and supportive services; and WHEREAS, The Lessor has determined that it is in the public interest for Lessee to be located in close proximity to the BPHPL due to their common goals; and WITNESS, that the Lessor does by these present lease and demise unto the Lessee the one-story Library Annex Building (known and hereinafter referred to as the Friendshop ) located north of the BPHPL. This Lease agreement contains the following terms: I. Term and Termination 1. This Lease shall be for a term of twenty (20) years beginning on the 1st day of December, 2011, and ending on the 30th day of November, 2031, paying the sum of Ten and No/100 Dollars ($10.00) per year as rental (the Rent ), with the payment due and payable on the 1st day of December, 2011, with like annual payments due and payable on the 1st day of December of each successive year during the term of this Lease at the Lessor s address listed herein. 2. Negotiations for the renewal of this lease shall begin between the Lessee and the Lessor one year prior to the date of the end of the current lease. Should Lessee or Lessor reject such lease, the Parties will use best efforts during the Page 1

24 remaining term of the lease to renew the lease. Subsequent alternative lease submissions by the Lessor shall be accepted or rejected by Lessee within 90 days of submission. 3. Upon expiration of the Lease term, Lessee shall deliver Premises to Lessor in the same condition as they were received, reasonable wear and tear expected. 4. Upon the Lessee s breach of any covenant set forth in this Lease or upon any violation by the Lessee of any ordinance of the City of Boerne, upon written notice of such violation or breach, and upon the failure of the Lessee to remedy such violation or breach, within a reasonable period of time not to exceed thirty (30) days, the Lessor or its agents, or assigns shall have the option to pursue any one or more of the remedies, without making notice of demand on the Lessee, as follows: (1) to terminate this Lease, in which event the Lessee shall immediately surrender the Friendshop to the Lessor, (2) seek any other remedies at law or in equity, including, but not limited to, the filing of a lawsuit for monetary damages sustained by the Lessor occasioned by the Lessee s breach of this Lease, (3) to prosecute the Lessee for any violation by the Lessee or its employees, agents, invitees, licensees, and/or visitors of any applicable ordinance, regulation or statute of any governmental authority. Termination of this Lease, pursuant to the Subsection (1) of this Paragraph, shall be effective upon the Lessor s providing written notification of such to the Lessee, at the Lessee s address listed herein, by certified mail, return receipt requested, and deposited in an official depository in the care and custody of the United States Postal Service. 5. At the expiration of this Lease, any personal property or fixtures located on and in the Friendshop shall become the property of Lessor. II. Lessee s Obligations 1. Lessee shall not sublet the Premises, or any part thereof, to any person or persons whatsoever, without prior written authorization from Lessor. Any such attempt to sublet shall be considered null and void. Rental of all or part of the Premises to outside parties for various short term events shall not be considered a sublet. 2. Lessee shall be entitled to collect use charges for various events to be held in the Friendshop, subject to the funds collected being used for the operation and maintenance of the facilities and programs. 3. The Lessee shall, at its sole cost and expense, repair and maintain the interior of the Friendshop in good condition at all times during the original term and any renewal term of this Lease. 4. Lessee shall maintain the Friendshop in a clean and sanitary condition, presenting a good appearance to the public. The Lessee shall be responsible Page 2

25 for complying with all provisions of city, state and federal laws relating to health and safety. 5. Lessee shall not add any fixtures, structures, or items that could be considered real property to the Friendshop without the express prior written consent of the City Manager or his designee. 6. Lessee shall be fully responsible for its future employees and agents, including meeting all state and federal requirements for minimum wage, income tax withholding, workers compensation, insurance, and all city, state, and federal requirements governing employer/employee relations. Lessee hereby certifies to Lessor that it shall be and is in compliance with all such regulations, laws and requirements. Failure to comply with this clause shall constitute a default on the part of Lessee and shall entitle Lessor to immediately terminate the Lease and take possession of the Friendshop. 7. Any sign placed on the Friendshop shall be in conformance with the conditions set out in the ordinances of the City of Boerne. 8. No later than April 1 of each year, beginning on April 1, 2012, Lessee shall produce to Lessor an annual activity report to include: (a) (b) (c) Results of its annual book sale and other funding support efforts; Any funding that was provided in support of the BPHPL; and Any other activities that the Lessee feels may be of interest to the Lessor. 9. Lessor shall have the full right of access to the Friendshop subject to the exercise of its governmental authority at reasonable hours so long as the operation of Lessee is not disrupted. 10. The Lessor shall not be liable to Lessee s employees, agents, invitees, licensees or visitors, or to any other person, for any injury to such person or damage to property caused by the negligence or misconduct of Lessee, its agents, servants or employees, or of any other person entering the (Friendshop and grounds) under the express or implied invitation of the Lessee. 11. The Lessee shall be liable for any and all taxes levied against the personal property, the trade fixtures or other improvements placed in the (Friendshop) by the Lessee. In the event that taxes of any kind or nature are levied against the Lessor or the Lessor s property, with respect to the Premises and/or the Improvements, and if the Lessor elects to pay the same or incurs any loss occasioned thereby, the Lessee shall within 30 days reimburse the Lessor, upon the Lessor s written demand, the funds for these payments made on the Lessee s behalf or losses it sustains because of the Lessee s liability for any such taxes, including the Lessor s reasonable attorneys fees incurred thereby Page 3

26 12. The Lessee shall be responsible for the monthly payment of any and all expenses for utilities utilized to operate the Friendshop. III. Lessor s Obligations 1. Lessor shall maintain the exterior of the Friendshop, including the grounds, as well as any real property fixtures (e.g. the air conditioners). 2. Lessor shall allow the Lessee to utilize the BPHPL parking lot as long as such use is reasonable and customary. IV. Insurance 1. Liability Insurance: The Lessee shall procure, at its own expense, liability insurance with a minimum per occurrence limit of two hundred and fifty thousand dollars ($250,000) and building and contents insurance to cover the Lessee s contents and equipment at the Premises. Such insurance shall name the Lessor as an additional insured. In addition, the Lessee shall provide the Lessor with a copy of each insurance policy required hereunder along with proof that all premiums for each such policy or policies shall have been paid by the Lessee. Failure to provide the required copy of such policy and proof of premium payment does not invalidate the procurement requirement. Lessor acknowledges that over the period of the lease, the liability limit may become inadequate. The Lessor may, with good cause, require the Lessee to maintain a higher coverage limit. In such event, the Lessor shall provide the Lessee with written notice of any coverage limit change to be required insurance on the premises. The Lessee shall obtain such coverage within thirty (30) days of its receipt of such notice from the Lessor. Except as may be required by statute, the coverage limit required will not exceed one million dollars ($1,000,000). With good cause, the Lessor may require additional insurance coverage to protect the Lessor s interest. The same notice and execution provisions shall apply. 2. Property Insurance: Lessor acknowledges that Lessee has significantly contributed to the BPHPL for the benefit of the citizens of Boerne. Lessor will maintain property insurance, through a commercial carrier or self-insurance arrangement on the Premises. Lessor will, on an annual basis, by utilizing the annual Re-Rate Exposure Summary, ensure that the property is insured at the replacement value. Lessor will make modifications as necessary as a result of the annual Re-Rate Exposure Summary, and provide Lessee with documentation of such. In the event of a property loss to the premises, Lessor agrees to dedicate all funds generated by the City s insurance coverage as a result of such occurrence to repair or Page 4

27 reconstruct the Friendshop to its condition immediately prior to such loss within a reasonable period. V. INDEMNIFICATION THE LESSOR SHALL NOT BE LIABLE TO LESSEE, ITS EMPLOYEES, AGENTS, INVITEES, LICENSEES OR VISITORS, OR TO ANY OTHER PERSON, FOR ANY INJURY TO SUCH PERSON, INCLUDING DEATH OR DISMEMBERMENT, AND/OR DAMAGE TO PROPERTY ON OR ABOUT THE FRIENDSHOP CAUSED BY THE NEGLIGENCE, MISCONDUCT OR WILLFUL OMISSION OF LESSEE, ITS AGENTS, SERVANTS OR EMPLOYEES, OR OF ANY OTHER PERSON ENTERING UPON THE FRIENDSHOP OR CAUSED BY STRUCTURES, BUILDINGS, SIGNS, ADDITIONS, IMPROVEMENTS, DISPLAYS AND OTHER ITEMS OR THE FAILURE OR CESSATION OF ANY SERVICE PROVIDED BY LESSOR. THE LESSEE AGREES TO INDEMNIFY AND HOLD HARMLESS THE LESSOR OF AND FROM ANY LOSS, EXPENSE OR CLAIM ARISING OUT OF ANY SUCH DAMAGE OR INJURY, INCLUDING THE LESSOR'S REASONABLE ATTORNEYS' FEES AND COURT COSTS INCURRED THEREBY. VI. Terms and Conditions 1. This Agreement does not transfer title/ownership of the Friendshop to the Lessee, and Lessor retains all rights of such privilege. 2. Nothing herein shall be construed to give Lessee authority to overrule decisions of the City Council or other appropriate authority of the City of Boerne. 3. The construction and validity of this Agreement shall be governed by the laws of the State of Texas. Venue for any legal action commenced hereunder shall be in a court of appropriate jurisdiction in Kendall County, Texas. 4. In the event any portion of this Lease is deemed illegal, invalid or unenforceable, then the remainder of this Lease shall not in any way be affected thereby and may be enforced to the greatest extent permitted by applicable law. 5. Unless otherwise provided within this Agreement, any notice, request, consent, instruction or other document to be given under this Agreement by either Party to the other shall be in writing and delivered in person, by facsimile transmission (with confirmed receipt), or mailed by first-class mail, postage prepaid (with notice to be effective three days after the date mailed), as follows: If to Lessor: If to Lessee: City of Boerne 402 East Blanco Boerne, Texas Attention: Library Director Phone: (830) Fax: (830) Friends of the Boerne Public Library 451 North Main St. Building 200 Boerne, Texas Page 5

28 Attention: President or to such other place and with such other copies as any Party may designate as to itself by written notice to the other Party. 6. This Agreement is solely for their benefit of the Parties, and it does not, nor is it intended to, create any rights in favor of or obligation owing to any third parties. 7. It is expressly understood and agreed that this Agreement was jointly drafted by the Parties with the assistance of legal counsel selected by each of the Parties. Accordingly, the Parties hereby agree that any and all rules of construction to the effect that ambiguity is construed against the drafting party shall be inapplicable in any dispute concerning the terms, meaning or interpretation of this Agreement. 8. This Agreement, including the Recitals which are material provisions of the Agreement, constitutes the entire agreement between the Parties pertaining to the subject matter of this Agreement. It supersedes all prior agreements, understandings, negotiations and discussions, whether oral or written, of the Parties. No supplement, modification, or waiver of this Agreement shall be binding, unless in writing, after the date of this Agreement, signed by both Parties. 9. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute a single agreement. 10. This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the Parties, provided that consent of the other Party shall be required to the effective assignment of a Party s interests under this Agreement. Such consent will not be unreasonably withheld. 11. Each Party represents to the other Party that the individual signing this Agreement has the authority to bind that Party to the obligations set forth herein. This Agreement has been signed and delivered, as of the date first appearing above, by the duly authorized officers of the Parties. Page 6

29 LESSEE: FRIENDS OF THE BOERNE PUBLIC LIBRARY BY: ATTEST: TITLE: LESSOR: CITY OF BOERNE BY: RONALD C. BOWMAN City Manager ATTEST: LORI CARROLL City Secretary Page 7

30 STATE OF TEXAS COUNTY OF KENDALL BEFORE ME, a Notary Public, on this day personally appeared, of the FRIENDS OF THE BOERNE PUBLIC LIBRARY, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes of consideration therein expressed. GIVEN under my hand and seal of office this day of, Notary Public, State of Texas Page 8

31 STATE OF TEXAS COUNTY OF KENDALL BEFORE ME, a Notary Public, on this day personally appeared RONALD C. BOWMAN, City Manager of the CITY OF BOERNE, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes of consideration therein expressed. GIVEN under my hand and seal of office this day of, Notary Public, State of Texas Page 9

32 RESOLUTION NO R102 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AND MANAGE A LEASE AGREEMENT WITH THE FRIENDS OF THE BOERNE PUBLIC LIBRARY WHEREAS, the Friends of the Boerne Public Library is a nonprofit organization designed to support the Boerne Public Library by funding new equipment, supplies, public programs and special projects; and WHEREAS, the City of Boerne finds it necessary to enter into a lease agreement for the use of the Library Annex Building; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BOERNE, TEXAS: that the City Council hereby authorizes the City Manager to enter into and manage a lease agreement with the Friends of the Boerne Public Library for the use of the Library Annex Building. PASSED, APPROVED and ADOPTED on this the day of, APPROVED: ATTEST: Mayor City Secretary

33 AGENDA ITEM SUMMARY ITEM NO: 9. DESCRIPTION: A Resolution Of The City Council Of The City Of Boerne, Texas, Accepting The Petition An Setting The Date, Time, And Place For Two Public Hearings On The Proposed Annexation Of Certain Property By The City Of Boerne, Texas; Authorizing And Directing The Publication Of Notice Of Such Public Hearings (1520 River Road, At The Request Of Property Owner Lorraine Massey) AGENDA DATE: November 22, 2011 DEPARTMENT Planning and Community Development CONTACT PERSON Chris Turk SUMMARY: We are in receipt of a petition for annexation of 69.1 acres of land located at 1520 River Road (attach 1) from Ms. Lorraine Massey. This is one of the properties that City Staff recommended that the City annex earlier in the year. At this time we need to set two public hearings dates to consider the annexation request. COST 0 SOURCE OF FUNDS RECOMMENDED ACTION ADDITIONAL INFORMATION At this time staff recommends that City Council pass Resolution 2011 R-103 setting the required public hearings for December 13 th, 2011 and January 10 th, This summary is not meant to be all inclusive. Supporting documentation is attached.

34 J WILLIAMS THIRD Massey property DALY RODEO SKYLAND ROUNDUP Sabinas Cr HILL TOP DOVE CREST CEDAR RIDGE ± Spring Cr JEEP BU SBY UPPER CIBOLO CREEK Cibolo Cr LAKE VIEW Frederick Cr LAKE RANGER CREEK Ranger Cr Frederick Cr DEER VIEW DOESK IN JOHNS WALTERS VIEW POINT IH 10 GLENN OAKS DEER FABRA IH 10 RANG E R SH 46 IH 10 FM 1376 SCHOOL PFEIFFER OAK BLUFF MAYTUM IH 10IH 10 AUSTIN BECKER CAZNEAU MAY Frederick C r IH 10 JULY CLEO SHOOTING CLUB HONEY B EE WINSBROOK TRADE DOE HEINEN RANCH COUGHRAN SPE NCER Frederick Cr SAN ANTONIO MAIN SUMMIT STEEL VALLEY SOM EDAY DEEG HILL VIEW FA BRA GARDEN RICHTER HERFF LOTT ADLER HOSACK HIGHLAND NORRIS Menger C r BESS TOEPPERWEIN PLANT JAMES BANDERA OAK HICKMAN BLANCO RIVER OAK PARK IVY ESSER FM 474 ROSEWOOD CROSSPOINT FAWN VALLEY DIETERT Men ger C r IH 10 ESSER HERFF SHARON DEER CREEK BEN T W OOD ESSER OA K RID GE SPRING CREEK Browns Cr Subject property AMMANN WOODLAND RANCH SH 46 Legend KendallStreets PW_CityLimits TRILLIAN Deep Hollow Cr WILD HORSE LIVE OAK THUNDER Menger Cr Menger Cr OAK VIE W UPPER BALCONES CREEK SPRINGS OLD SAN ANTONIO INDUSTRIA L DAISY MICHELLE SPRING HILL STONEGATE SOUTH KATIE BAMBI CASCADE CAVERNS BLUEBONNET R AN C H Ci bolo Cr SCHEELE KE NDALL BLU E DIAMOND SK YVIEW ALTA TIPTOP CANYON LOOP WINDING WHITWORTH CORLEY SCENIC LOOP REED Balcones Cr Balcones Cr DODGE Ba lcones Cr Ba lcones Cr BOERNE STAGE AXI S VIC TORIA SAXET WINDWOOD

35 ± BENTWOOD Esperanza SH 46 Champion Heights Browns Cr Massey Property CITY PARK Legend Par_05_2011 KendallStreets SHARON

36 ANNEXATION PROCESS Clerk: mg DATE TAKEN BY ACTION Property: 1520 River Rd. 11/14/11 Initial Discussion regarding annexation or development C. Turk 11/14/11 Petition Received L. Carroll 11/15/11 Metes & Bounds reviewed M. Mann NA Development Agreement Prepared C. Turk 11/22/11 Resolution Approved No: City Council 11/23/11 Service Plan Prepared ** C. Turk NA Notification to Property Owner (If involuntary annexation - include a copy of Service Plan) L. Carroll 11/25/11 Publication Date of First Hearing (Sent to newspapers/internet on: 11/23) L. Carroll 11/23/11 Notify School District of Proposed Annexation (Sent notification on: 11/23) L. Carroll 11/23/11 11/23/11 12/13/11 Notify Volunteer Fire Dept of Proposed Annexation (Sent notification on: 11/24) Copy of Public Hearing Announcement in Pass Around File (+ 1 st Hearing file w/copy of the calendar) First Hearing Held (Not less than 10 days not more than 20 days from the date of publication.) L. Carroll L. Carroll City Council 12/16/11 Publication Date of Second Hearing (Send to newspapers/internet on:12/14) L. Carroll 12/14/11 Copy of Public Hearing Announcement in Pass Around File (+2 nd hearing file w/copy of the calendar) L. Carroll 1/10/12 Second Hearing Held City Council 1/11/12 Ordinance Prepared L. Carroll 1/24/12 First Reading of Ordinance City Council NA Development Agreement Approved City Council 2/14/12 Second Reading of Ordinance City Council 2/15/12 New Maps M. Mann 2/15/12 Submission to U.S. Dept of Justice (File # ) L. Carroll 2/15/12 Copy to County Clerk, File # L. Carroll 2/15/12 Copy to Kendall County Tax Collector L. Carroll 2/15/12 Copy to Tax Appraisal District L. Carroll 2/15/12 Notify FEMA L. Carroll 2/15/12 Notify TxDot - Information Resource Support Specialist L. Carroll 2/15/12 Notify Secretary of State L. Carroll 2/15/12 Notify State Comptroller L. Carroll 2/15/12 Notify Texas Dept. Of Insurance L. Carroll 2/15/12 Notify Franchises (all that are applicable: Gas, cable, tele, elec, water, garbage) L. Carroll 2/15/12 If a Hotel, Motel, or Bed Breakfast is annexed notify them of occupancy tax L. Carroll 2/15/12 Send copy of Ordinance to property owners and to UBO, UCSO, PD, PW, Planning, & Code Dept. Recommendation of zoning - following annexation Zoning Approval L. Carroll C. Turk City Council **Law stipulates the Service Plan must be submitted prior to the First Publication of Hearing All notifications following the approval of the ordinance will include the ordinance and a certified affidavit from the City Secretary Updated January 8, 2008

37 RESOLUTION NO R103 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOERNE, TEXAS, ACCEPTING THE PETITION AND SETTING THE DATE, TIME AND PLACE FOR TWO PUBLIC HEARINGS ON THE PROPOSED ANNEXATION OF CERTAIN PROPERTY BY THE CITY OF BOERNE, TEXAS; AUTHORIZING AND DIRECTING THE PUBLICATION OF NOTICE OF SUCH PUBLIC HEARINGS. WHEREAS, the City Council of the City of Boerne, Texas at the request of Jon Yarbrough for annexation of approximately acres, more or less, located at 1520 River Road, in Kendall County, Texas; WHEREAS, said tract of land is contiguous and adjacent to the City of Boerne, Texas and is not more than one-half (1/2) mile in width: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BOERNE, TEXAS: Section 1. On the 13 rd day of December, 2011, and the 10 th day of January, 2012, Public Hearings shall be held at 7:00 P. M. o'clock in the Council Chambers located at 124 Old San Antonio Road, the purpose of the Public Hearings to be to give all interested persons the right to appear and be heard on the proposed annexation by the City of Boerne, Texas of the following described property, to wit: BEING , more or less, located at 1520 River Road, in Kendall County, Texas, and being more particularly described in Exhibit A attached hereto and made a part hereof. Section 2. The Mayor of the City of Boerne is hereby authorized and directed to cause notice of such Public Hearings to be published twice in a newspaper having general circulation in the City on or after the 10 th day but before the 20 th day before the date of each hearing. The notice for each hearing must be posted on the City s Internet website on or after the 10 th day but before the 20 th day before the date of the hearing and must remain posted until the date of the hearing. (Section (c) Texas Local Government Code) PASSED AND APPROVED this the day of November, APPROVED: ATTEST: Mayor City Secretary

38 AGENDA ITEM SUMMARY ITEM NO: 11. DESCRIPTION: An Ordinance Amending Ordinance No , Captioned City Of Boerne Subdivision Ordinance, Dated November 13, 2007, Article 1. General Provisions, Section 04. Definitions, Section 08. Repeal Of Conflicting Ordinances, Article 2. Procedures, Section 02. Procedures For Preliminary Plat, Section 03. Design And Construction Plans, Section 05. Procedures For Administrative Plat, Article 3. Planning And Community Design Standards, Section 02, Transportation Network And Street Designs, Section 04. Blocks And Lots, Article 6. Drainage And Flood Hazards, Section 04. Drainage System Design Standards, Article 7. Water And Sewers, Section 06. Septic Systems, Section 07, Wastewater System Design Standards, Article 8. Utility Extensions And General Subdivision Improvements, Section 01. General Requirements, Section 03. Costs Of Utility Extensions, Section 04. Cost Distribution For Oversized Facilities, Exhibit A, Utility Easement, Adding Large Legacy Tree And Grid Street Setbacks AGENDA DATE: November 22, 2011 DEPARTMENT Planning and Community Development CONTACT PERSON Chris Turk SUMMARY: At the City Council workshop on the 25 th of October we mentioned that the City Staff was looking at several conflicts that we have found between the Fire Code and the 2007 update of the Subdivision Ordinance. The areas of concern were mainly due to a change in pavement width requirements for various roads, cul-de-sac s and the radii of the turns on public streets as well as the number of access points into the neighborhood. The Fire Code outlines a 20 foot clear area in which a fire truck can be set up and give the firemen sufficient room to work. Some of the pavement widths that were allowed in the 2007 Subdivision Ordinance update did not provide that space when you take into consideration the on-street parking that occurs in a neighborhood, especially in some of the more dense neighborhoods. The Subdivision Ordinance based the road and pavement width requirements on the average number of daily trips and not on the need of fire safety.

39 We met with the Fire Marshall, his staff and the Fire Chief and Assistant Chief to discuss the differences in the Fire Code and the Subdivision Ordinance. We have arrived at what is a workable solution. Right-of-way and pavement width: For those subdivisions that have lots less than 65 feet of frontage, the pavement width will be 36 feet, and those lots that have 65 feet of frontage or larger will have pavement widths of 30 feet. Parking would be permitted on both sides of the streets. These pavement widths are wider than those required in the cities around the area but the 36 foot wide pavement width was the minimum that we had in the prior Subdivision Ordinance with the exception of some very short streets that were allowed to have 30 feet of pavement. These modifications can be found in Table 3-4: Street Cross-Section Standards. Cul-de-sac: The 2007 ordinance narrowed the width of cul-de-sacs from 80 to 60 feet and that is not sufficient size for emergency vehicles and garbage trucks and school buses to maneuver. Therefore we are recommending that the pavement width of a cul-de-sac in a residential neighborhood be increased from 60 feet to 80 feet and in a commercial area from 60 feet to 96 feet. This will permit parking in the cul-de-sacs while still allowing maneuverability for fire trucks. Curb Radii: The minimum radii of some of the public street intersections was increased from 15 to 25 feet on the smaller, less traveled streets and 35 feet on the larger, more heavily traveled streets. This will give larger vehicles (school buses, garbage trucks and fire vehicles) sufficient area to turn the corners without running over the curbs and sidewalks. Connectivity: The Fire Code also calls for a secondary connection to the street system for any subdivision of more than 30 lots. That is also reflected in the Subdivision Ordinance. External Connections. All new streets shall align with any existing or proposed streets on adjacent property, and shall continue and extend arterial, collector, and local streets within the proposed subdivision externally to the parcel boundary as follows:

40 1. New Arterial and Collector streets shall be provided at the intervals identified in the Applicability section of Table 3-2 or as depicted in the City of Boerne Thoroughfare Plan. All Arterial and Collector streets shall be connected and extended to the boundary of the site. 2. Local street connections shall be provided and extended to the boundary of the site in any subdivsion that contains more than 30 residential lots in a manner that all blocks and parcels in the subdivision meet the block standards in Article 3, Section The City may require local streets to stub to the property edge where future development or resubdivision of adjacent property is anticipated. 3. In addition to all of the above requirements, all Residential development shall have at least one connection to an existing external Arterial or Collector street in the surrounding transportation network or to a newly proposed Arterial or Collector street connected to the external network for every 50 dwelling units. Bicycle Routes: During the review of the ordinance we ran across the following section Bicycle Facility Standards. Bicycle facilities shall be added to any street designated in an official transportation plan or trail plan of the City as a bicycle route, and should be added at any other location where bicycle transportation is likely. The Bicycle Facility Standards in Table 3-6 shall be used in amending the typical Street Cross-sections in Table 3-4, and added to the minimum right-of-way width We do not have an official transportation plan or trail plan for bicycles so we asked the Planning and Zoning Commission to specify that all roads that are secondary collectors or larger have bicycle routes. Based on Table 3-6 Bicycle Facilities below this would require a 5-6 foot dedicated bicycle lane adjacent to the outermost vehicle lanes on those streets specified.

41 TABLE 3-6: BICYCLE FACILITIES FACILITY TYPE DEDICATED BICYCLE LANE SHARED BICYCLE LANE COMBINED VEHICLE/ BICYCLE LANE OFF-STREET MULTI-USE TRAIL DIMENSION 5 to 6 minimum, each lane and located immediately adjacent to outermost vehicle lanes and included in the Total Paved Width 4 added to outer most vehicle lane, but no more than 14 total lane width No designated area, as bicycles and vehicles share the same space with low vehicle speeds 10 to 12 minimum, located adjacent to roadway in the Landscape Area APPLICABILITY Required on identified bike routes with vehicle speeds above 35 mph, unless Off-street Multi-use Trail provided Acceptable on identified bike routes with speeds below 35 mph Acceptable on any portion of the street with design speeds of 25 mph or less; often associated with streets with yield lanes or where angled parking is allowed. Preferred on identified bicycle routes with vehicle speeds above 35 mph or where on-street facilities are not appropriate or are impractical. Particularly where Greenways (Article 3, Section 03) are located along Closing: These are the major proposed changes. There are some other minor revisions to the Subdivision Ordinance that will reflect previous and proposed changes that have been made or are going to be made to the Zoning Ordinance that need to be carried over. Most of these have to do with the identification of legacy trees on the plats, etc. rather than heritage trees. We also have included the necessary terminology so that a Fire Protection Plan can be provided during the platting process. COST SOURCE OF FUNDS RECOMMENDED ACTION ADDITIONAL INFORMATION Recommend that City Council pass Ordinance No on a single reading. This summary is not meant to be all inclusive. Supporting documentation is attached.

42

43 J WILLIAMS WANDA WATER LANDA THIRD 35 Old San Antonio DALY SKYL AND ± UPPER CIBOLO CREEK IH 10 WALTERS IH 10 FABR A PFEIFFER FABRA OAK S CLEO SUMMIT STEEL VALLEY BLUESTEM HILLVIEW LOOP OAK R IDGE JEEP LAKE VIEW WOLLSCHLAEGER LAKE RANGER CREEK DEER VIEW DOESKIN JOHNS DOVE DEER OAK ACRES GLENN OAKS VIEW POINT IH 10 OAK BLUFF RANGE R IH 10 AU STIN BECKER CAZNEAU MAY IH 10 JULY SHOOTING CLUB MARKET HONEY B EE WINSBROOK DOE FM 1376 CHAPARRAL HILL HEINEN RANCH KAITLIN CALK SCHOOL DEEG SOMEDAY HILL VIEW ADVOGT FREDERICK NORTH ADLER MAIN LOHMANN HERFF SAN ANTONIO LOTT HOSACK HIGHLAND PECAN BERLIN TOEPPERWEIN PLANT JAMES EYHORN ELM ST OAK HICKMAN OAK PARK FIRST STAUDT BLANCO IVY ROSEWOOD EBNER FREY RIVER HERFF ESSER FAWN VALLEY ESSER SHARON FM 474 DEER CREEK BEN T WOOD ESSER VISTA VERDE SPRI NG C REEK SH 46 SPENCER COUGHRAN NORRIS BANDERA Subject property SH 46 MAYTUM GILBERT CREEK SPRINGS CROSSPOINT IH 10 OAK VIE W OLD SAN ANTONIO INDUSTRIA L DAISY IH 10 STONEGATE SOUTH BAMBI RANCH CASCADE CAVERNS WILD HORSE LIV E OAK THUNDER SPRING HIL KATIE SOPHIA L BLUEBONNET ALTA SKYVIEW CANYON LOOP UPPER BALCONES CORLEY VALLERIE SCENIC LOOP REED WINDING WHITWORTH Legend KendallStreets PW_CityLimits DODGE

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45 11. ORDINANCE NO AN ORDINANCE AMENDING THE CITY OF BOERNE SUBDIVISION ORDINANCE NO , DATED NOVEMBER 13, 2007, ARTICLE 1. GENERAL PROVISIONS, SECTION 04. DEFINITIONS, SECTION 08. REPEAL OF CONFLICTING ORDINANCES, ARTICLE 2. PROCEDURES, SECTION 02. PROCEDURES FOR PRELIMINARY PLAT, SECTION 03. DESIGN AND CONSTRUCTION PLANS, SECTION 05. PROCEDURES FOR ADMINISTRATIVE PLAT, ARTICLE 3. PLANNING AND COMMUNITY DESIGN STANDARDS, SECTION 02, TRANSPORTATION NETWORK AND STREET DESIGNS, SECTION 04. BLOCKS AND LOTS, ARTICLE 6. DRAINAGE AND FLOOD HAZARDS, SECTION 04. DRAINAGE SYSTEM DESIGN STANDARDS, ARTICLE 7. WATER AND SEWERS, SECTION 06. SEPTIC SYSTEMS, SECTION 07, WASTEWATER SYSTEM DESIGN STANDARDS, ARTICLE 8. UTILITY EXTENSIONS AND GENERAL SUBDIVISION IMPROVEMENTS, SECTION 01. GENERAL REQUIREMENTS, SECTION 03. COSTS OF UTILITY EXTENSIONS, SECTION 04. COST DISTRIBUTION FOR OVERSIZED FACILITIES, EXHIBIT A, UTILITY EASEMENT, ADDING LARGE LEGACY TREE AND GRID STREET SETBACKS WHEREAS, the City Council has received recommendations of the Planning and Zoning Commission concerning matters herein, which recommendations were made after holding a public hearing before said Commission and; and; WHEREAS, the City Council held various workshops and public hearings on this matter WHEREAS, the City Council of Boerne has determined that it is in the best interest of the Boerne community to take into consideration the public health, safety and welfare to adopt the Tree Preservation Regulations include herein; ARTICLE 1. GENERAL PROVISIONS SECTION 04. DEFINITIONS Alley, Residential: An alley designed to access the rear or side of residential lots without rear entry garages. DBH: Tree diameter at breast height. Tree DBH is the outside bark diameter at 4 1/2 feet above the ground. For the purposes of determining breast height, the ground includes the dirt layer that may be present, but does not include unincorporated woody debris that may rise above the ground line. Fire Protection Plan: A set of civil plans illustrating the proposed layout of an internal vehicular circulation systems including and the number of access points, inside turning radius specifications at intersections, roadway width throughout the development, specifications of any gated entry and egress systems, cul-de-sac dimensions, proposed fire hydrant locations, and the number of proposed dwelling units. Page 1

46 ARTICLE 1. GENERAL PROVISIONS SECTION 04. DEFINITIONS Heritage Tree: A Legacy tree species that has a trunk circumference (TC) larger than 75 inches.a tree that is one half the caliper for that species as listed in the Texas Forest Services ( Champion List for species native or naturalized to Texas in the Texas Big Tree Registry; or a Live Oak Tree that has 36 inch or larger caliper. Legacy Tree: The following species of trees: Cottonwood, Sycamore, and all species of Cypress, Elm, Maple and Oak (with the exception of all varieties of red oaks), Pecan and Texas Ash. Signature Tree: A shade tree having a caliper of 24 inches or more, that does not qualify as a Heritage Tree. Standard Tree: A Legacy tree species that has a trunk circumference between 37 and 75 inches. Trunk Circumference (TC): The perimeter measurement, in inches, of a tree trunk taken at 4 ½ feet from ground level. Zoning Ordinance: City of Boerne Ordinance No , adopted December 18,2007, or other zoning ordinance currently in effect, and all amendments thereafter adopted. SECTION 08. REPEAL OF CONFLICTING ORDINANCES All ordinances and parts of ordinances in conflict herewith are expressly repealed to the extent of their inconsistency; provided, however, that whenever higher or more restrictive standards are established by the provisions of any other ordinance or regulation than those established by this ordinance, the provisions of such other ordinance or regulation shall govern. Page 2

47 ARTICLE 2. PROCEDURES SECTION 01. PRE-APPLICATION CONFERENCE ARTICLE 2. PROCEDURES SECTION 02. PROCEDURES FOR PRELIMINARY PLAT Submission. Following a pre-application conference, the subdivider may submit a preliminary plat to the City Manager. In order to be prepared for submission to the Planning and Zoning commission, the subdivider shall deliver the following at least 30 calendar days prior to the date the plat is to be considered by the Commission I. A tree survey for all property subject to the application that: 1. Documents the presence of all Signature Trees and Heritage Trees within 100 feet from the outside of the right-of-way for any proposed Collector or Arterial Street in the subdivision; and 2. Through aerial photography, or other similarly detailed and current means of data collection, documents the presence of all tree massings covering greater than ¼ acre with trees greater than six inch caliper. The tree survey shall be used for evaluating proposed street layouts, street designs, and tree preservation provisions. I. Identify the location and species of all Legacy trees that are one half the TC for that species as listed in the Texas Forest Services ( Champion List in the Texas Big Tree Registry; or a Live Oak tree that has 113 TC inches or larger. J. A Fire Protection Plan shall be submitted to the fire code official prior to the approval of any private or public development Form and Content of Plat. The preliminary plat of a proposed subdivision shall be prepared by a registered public surveyor and bear his/her seal. The plat shall show or be accompanied by the following information: L. The location of building setback lines demonstrated on each lot or as in inset on the plat (if setbacks are the same for each lot), including front, rear and side setback lines, shown by dashed lines. N. The centerline of watercourses, streams, creeks and existing drainage structures within and adjacent to the subdivision. Pertinent drainage data and the limits of areas subject to flooding shall be shown, delineating the 25-year and the 100-year flood limits if applicable. T. Plat note pertaining to the presence of Heritage Trees Legacy Trees one half the TC for that species as listed in the Texas Forest Service ( Champion list for species native or naturalized to Texas in the Texas big Tree Registry, or a Live Oak tree that has a TC 113 inches or larger. U. The location of Heritage Trees Legacy Trees one half the TC for that species as listed in the Texas Forest Service ( Champion list for species Page 3

48 ARTICLE 2. PROCEDURES SECTION 03. DESIGN AND CONSTRUCTION PLANS native or naturalized to Texas in the Texas big Tree Registry, or a Live Oak tree that has a TC 113 inches or larger on the property represented by the plat Notice of Administratively Complete Application. SECTION 03. DESIGN AND CONSTRUCTION PLANS At any time after approval of a preliminary plat and no later than 21 days prior to consideration of a final plat by the Planning and Zoning Commission, a subdivider may prepare the following design and construction documents for review, comment or filing to the City. All items shall be filed with the City Manager prior to submittal of a final plat. Design and construction plans shall include a copy of the final plat which will be submitted for consideration Construction Plans. Three sets of preliminary erosion and construction sequencing plans and specifications for the construction of all utility and subdivision improvements as required the subdivision Ordinance in Article 8, including detailed cost estimates for the construction of all subdivision improvements prepared by designers of the improvements Utility and Agency Comments or Approvals. Letters/memos from all necessary review agencies having jurisdiction over improvements required or desired in the subdivision, including: A. City of Boerne Public Works; B. City of Boerne Utilities; C. City of Boerne Fire Code Official; D. Bandera Electric Co-op and/or Pedernales Electric Co-op; E. Texas Department of Transportation, if any state right-of-way is involved in streets or access points; F. Cow Creek Ground Water Conservation District; G. Cable and telephone wire services; H. Kendall County, if any county right-of-way is involved in streets or access points; I. any other State or public agency approval with jurisdiction over improvements desired in the subdivision. SECTION 04. PROCEDURES FOR FINAL PLAT Procedures for Submission. Following approval of a preliminary plat and submission of design and construction plans, the subdivider may submit a final plat to the City Manager. The final plat and accompanying data shall conform to the preliminary plat as conditionally approved by the Commission, incorporating any and all changes, modifications, alterations and corrections required by the Commission. The subdivider shall provide the following a minimum of 21 calendar days prior to the Commission s consideration of the final plat: D. A minimum of two (2) copies of the drainage study per Article 6, Section Form and Content of Plat. Page 4

49 ARTICLE 2. PROCEDURES SECTION 04. PROCEDURES FOR FINAL PLAT The final plat shall be drawn in India ink on tracing cloth, nylon or comparable substitute sheets, 18 inches by 24 inches, and to a scale of either one inch to 100 feet or one inch to 50 feet. Where more than one sheet is required, an index sheet of maximum size 18 by 24 inches shall be filed showing the entire subdivision, and all scales shall be uniform. The following information must be shown on or must accompany the plat: O. The location of building setback lines demonstrated on each lot or as in inset on the plat (if setbacks are the same for each lot), including front, rear, side and any other setbacks that may be identified in this ordinance or City of Boerne Zoning Ordinance, shown by dashed lines. W. Plat note pertaining to the presence of Heritage Trees Legacy Trees one half the TC for that species as listed in the Texas Forest Service ( Champion list for species native or naturalized to Texas in the Texas big Tree Registry, or a Live Oak tree that has a TC 113 inches or larger. X. The location of Heritage Trees Legacy Trees one half the TC for that species as listed in the Texas Forest Service ( Champion list for species native or naturalized to Texas in the Texas big Tree Registry, or a Live Oak tree that has a TC 113 inches or larger on the property represented by the plat. X. The location of Heritage Trees on the property represented by the plat Effect of Approval. Following the approval of a final plat, the subdivider may proceed with construction of improvements subject to the provisions of Article 8 of this ordinance when applicable. No building permits may be issued and no improvements shall be considered accepted by the City except as provided in Article 8 as applicable. Page 5

50 SECTION 05. PROCEDURES FOR ADMINISTRATIVE PLAT Effect of Approval. Following the approval of an administrative plat, the subdivider may proceed with construction of improvements subject to the provisions of Article 8 of this ordinance when applicable. No building permits may be issued and no improvements shall be considered accepted by the City except as provided in Article 8 as applicable Filing for Record. The City shall file the approved administrative plat for record and provide the subdivider with one reproducible recorded tracing of the administrative plat within 14 calendar days of approval. Page 6

51 ARTICLE 3. PLANNING AND COMMUNITY DESIGN STANDARDS Planning and Design Elements. The Planning and Community Design standards require that all subdivisions be considered in a comprehensive manner, integrating different core community design elements within the same subdivision and linking the same core community design elements across many adjacent subdivisions. This Article establishes initial planning and design standards for the following core community design elements that are necessary to develop complete and integrated communities: C. Blocks and Lots: The arrangement of the land division within the network of streets and system of open spaces, into an orderly pattern with necessary access and services (to include fire apparatus access). SECTION 02. TRANSPORTATION NETWORK AND STREET DESIGNS Transportation Network Plan. All applications shall include a Transportation Network Plan. Applications featuring small parcels shall relate any proposed streets and access points to the surrounding existing transportation network according to these standards. D. Street Design Type. Street Design Type refers to the specific design characteristics of the street or cross-section at any one point. Many different Street Design Types may be applied over the course of a street with a single Functional Classification to allow streets to transition and best support adjacent or planned land uses and development patterns. The Street Design Types vary to address the array of elements that make streets complete: (1) the finished street width and allocation of this width to travel lanes, parking, or alternative modes of travel; (2) the landscape area and the pedestrian area; (3) the necessity for clear utility zones in association with the street network, and block and lot layout; (4) the ability for fire apparatus to access sites; and (5) the building orientation on adjacent sites. Proper arrangement of these elements is necessary to balance and best meet the needs of all users of the right-of-way while supporting immediately adjacent property. Table 3-3 indicates the Street Design Types of streets and the general applicability of each classification within the Transportation Network Plan. Table 3-3: Design Type NEIGHBORH OOD INTENT AND CHARACTERISTICS A medium or low capacity roadway design for moderate or slow speeds and moderate pedestrian and landscape amenities that create a formal transition abutting lot frontages. Appropriate for connections in and between all residential areas. APPLICABILITY The Neighborhood Street Design Type may be used for any street supporting Page 7

52 Finished Street: Narrow to medium lanes with slow traffic speeds, or includes occasional or designated on-street parking to buffer pedestrians and adjacent uses from traffic flow. Landscape Area: Used to buffer sidewalks from the street and may contain more formal planting (i.e. street trees) although landscape plans that best promote the character of each unique neighborhood are encouraged. Pedestrian Area: Minimum 5 sidewalk on both sides; wider in higher density neighborhoods or on important or higher Functional Classifications of Neighborhood Streets. Building Orientation: Medium to small front lawns, terraces and courtyards to create a slight sense of enclosure along the streetscape. Larger setbacks may be characteristic on Arterial / Neighborhood Parkways. residential uses. On any highvolume street that goes through a neighborhood, a Parkway element should be added to the crosssection so that Residential uses may still front on the street with minimal impact from traffic. FIRE APPARATUS ACCESS ROAD A public street that provides fire apparatus access from a fire station to a facility, building or portion thereof. Access for fire apparatus must be considered for all developments. E. External Connections. All new streets shall align with any existing or proposed streets on adjacent property, and shall continue and extend arterial, collector, and local streets within the proposed subdivision externally to the parcel boundary as follows: 1. New Arterial and Collector streets shall be provided at the intervals identified in the Applicability section of Table 3-2 or as depicted in the City of Boerne Thoroughfare Plan. All Arterial and Collector streets shall be connected and extended to the boundary of the site. 2. Local street connections shall be provided and extended to the boundary of the site in any subdivision that contains more than 30 residential lots in a manner that all blocks and parcels in the subdivision meet the block standards in Article 3, Section The City may require local streets to stub to the property edge where future development or re-subdivision of adjacent property is anticipated. 3. In addition to all of the above requirements, all Residential development shall have at least one connection to an existing external Arterial or Collector street in the surrounding transportation network, or to a newly proposed Arterial or Collector street connected to the external network for every 50 dwelling units. 4. Trail systems that provide connectivity within the subdivision and connectivity to adjacent subdivision are required in all developments. Page 8

53 TABLE 3-4: STREET CROSS-SECTION STANDARDS FUNCTIONAL ACCESS LOCAL COLLECTOR ARTERIAL CLASS Design Type Residential (Alley) Commercial (Alley) Rural [1] Neighborhoo d [2] Residential Avenue [3] Rural [1] Neighborhoo d [2] Avenue [3] Secondary Primary Parkway / Neighborhoo d [2] Avenue[3] Minor Major Expected Daily Traffic (vehicles per day) Desired Vehicle Speeds Right-ofway Width (min.) [4] Traffic Lanes [5] Lane Width [5] On-street Parking Type < 250 < 10 mp h < 1,00 0 < 10 mph < 1, mph Lot width s < 65 ft < 1, mph Lot widths 65 ft and greate r < 1, mph < 2, mph < 3,000 < 25 mph yiel d 14 yiel d lane < 10, mph < 3, mph < 10,00 0 < 25 mph < 3, mph 64 < 10, mph < 20, mph 100 < 54,00 0 < 25 mph < 20, yield (twolane) Both sides 14 (yield) Both sides (yield) mph 96 < 54, mph Both sides Both sides / paralle l -- One or two sides (parall Both sides, paralle l or Both sides, paralle l Both sides, angle d Page 9

54 On-street Parking Width Median (min. width / min. uninterrupte d length) TOTAL Paved Width (including median) Sidewalk width / Both sides (min.) [6] Landscape Area [6] Landscape / Utility Easement [6] Borrow Ditch Shoulder width Bike Lanes Driveway Access el 8 (1- side) 7 (2- side) angled 8 paralle l 17 angled (2- ln) 52 (4- ln) 30 ; or ; or / (2- ln) 58 (4- ln) 20 / angle d (2- ln) 74 (4- ln) N/A N/A See Bike Facility standards B See Lot Access standards in Article 3, Section of the subdivision regulations and any applicable lot access and design standards of the Boerne Zoning Ordinance / / (2- ln) 94 (4- ln) 5 10 Page 10

55 Table 3-4 Notes [1] The Rural street design type is a special type permitted only for Local or Collector streets in Rural Cluster subdivisions according to Article 4, Section 02, or in the Rural Residential or Low-Density Residential Development Patterns of the Boerne Master Plan. [2] The Neighborhood street design type is a special type permitted only for residential uses platted with a Grid / Modified Grid Transportation Network Plan per section of these regulations. It may be applied to the Local or Collector street classifications, or to an Arterial street classification as a Parkway, according to this table. [3] The Avenue street design type is a special type permitted only for non-residential uses platted with a Grid / Modified Grid Transportation Network Plan per section , and supporting the Neighborhood, Mixed Use or Commercial Development Patterns in the Boerne Master Plan. It can be applied to Local, Collector or Arterial street classifications, but shall be applied only along those blocks where a pedestrian atmosphere is anticipated and where street designs can transition to slower desired speeds. [4] Right-of-way minimums are for the widths of typical cross-sections. Proper design of any portion of a street may require greater widths, depending on the context. Where greater Right-of-way widths are designed to provide a greater civic amenity in the right-of-way, this area in addition to the minimum may be counted towards the Civic Open Space requirement of the proposed subdivision per Section D. [5] The Yield Lane shall be limited in application according to Section A. [6] Sidewalks and Landscape Areas shall be designed and located based on context according to Section C. Additional landscape / utility easements may be necessary to allow appropriate urban design and still meet the pedestrian and utility accessibility standards. If a trail that provides direct access from each lot is provided the Planning and Zoning Commission may waive the requirement to have sidewalks on both sides of the street. B. Bicycle Facility Standards. Bicycle facilities shall be added to any street designated as a Secondary Collector or larger street or any street in an official transportation plan or trail plan of the City as a bicycle route, and should be added at any other location where bicycle transportation is likely. The Bicycle Facility Standards in Table 3-6 shall be used in amending the typical Street Cross-sections in Table 3-4, and added to the minimum right-of-way width. TABLE 3-6: BICYCLE FACILITIES FACILITY TYPE DIMENSION APPLICABILITY DEDICATED BICYCLE LANE SHARED LANE BICYCLE 5 to 6 minimum, each lane and located immediately adjacent to outermost vehicle lanes and included in the Total Paved Width 4 added to outer most vehicle lane, but no more than 14 total lane width Required on identified bike routes with vehicle speeds above 35 mph, unless Off-street Multi-use Trail provided Acceptable on identified bike routes with speeds below 35 mph Page 11

56 COMBINED VEHICLE/ BICYCLE LANE OFF-STREET MULTI-USE TRAIL No designated area, as bicycles and vehicles share the same space with low vehicle speeds 10 to 12 minimum, located adjacent to roadway in the Landscape Area Acceptable on any portion of the street with design speeds of 25 mph or less; often associated with streets with yield lanes or where angled parking is allowed. Preferred on identified bicycle routes with vehicle speeds above 35 mph or where on-street facilities are not appropriate or are impractical. Particularly where Greenways (Article 3, Section 03) are located along the roadway. C. Utility Clear Zones, Landscape Area and Pedestrian Facilities. The pedestrian facilities and landscape area of the right-of-way shall be designed to best balance the need for clear utility access and maintenance, for direct pedestrian connections, and for enhanced civic design of the right-of-way. The following are the minimum standards to effectively balance these needs. An additional landscape or utility easement may be necessary on the edge of the right-of-way to allow the most appropriate urban design while meeting these needs. 1. Utility Clear Zones. Utility easements required by Article 3, Section of the Subdivision Regulations Utilities may be located in the right-of-way or within an easement along the lot frontage easements if designed consistent with Table 3-7. Easement locations in alleys or utility corridors out of the right-of-way may also be acceptable to allow appropriate urban design and application of the Cross-section standards in Table 3-4. However, to allow proper maintenance and function of utilities, the following standards shall apply to Utility Clear Zones, whether in the right-of-way, easement, or in alleys and utility corridors. 2. Pedestrian Facilities. Pedestrian facilities required by Table 3-4 shall always be separated from moving traffic lanes of the roadway by a landscape buffer and only located immediately adjacent to the finished street as an expanded pedestrian amenity area where on-street parking will likely be present. a. In all cases where sidewalks are provided they shall be at least 5 feet wide to permit two persons to walk side-by-side comfortably. b. If direct access to a trail from each lot is provided the Planning and Zoning Commission may waive the requirement to have sidewalks on both sides of the street. c. On any block face below 3.5 dwelling units per acre, sidewalks on only one side may be acceptable, provided the Planning Commission and Council determine that the street is not important to the overall pedestrian network. c. On any block face that includes a Green Way and 10 to 12 multi-purpose trail, sidewalks are not required. B. Curb Radii. In order to minimize crossing distances for pedestrians and limit highspeed vehicle turning movements, curb radii shall limited to the greatest extent possible Page 12

57 considering the appropriate balance of pedestrian and vehicle needs. In general, curb radii at intersections shall be as specified in Table 3-8: TABLE 3-8 : INTERSECTION CURB RADII INTERSECTION TYPE RADII* LOCAL / LOCAL 25 LOCAL / COLLECTOR 25 LOCAL / ARTERIAL 25 COLLECTOR / COLLECTOR 35 COLLECTOR / ARTERIAL 35 ARTERIAL / ARTERIAL 35 * The required turning radiums of a fire apparatus access road shall be 35 feet inside. Where this requirement may be impractical or prohibitive, it may be waived by the fire code official. In such cases, areas where slower vehicle speeds are desired or high pedestrian traffic is expected, the Planning and Zoning Commission and Council may allow smaller turning radii. In areas where large vehicles will make frequent turning movements, the Planning and Zoning Commission and Council may require greater turning radii. The Planning Commission and Council requirement shall be based on the advice of the Public Works Department and upon consideration of all design solutions that effectively balance the interests of all users of the street. Actual centerline turning movements of typical vehicles, lane locations, intersection angles, or other geometric configurations of the specific intersection may be justifications for larger or smaller requirements. D. Exceptions. The following are exceptions to the open space requirement in Table Small Infill Residential Subdivision. Any residential subdivision in the City Limits at the date of adoption of this ordinance, and which is less than 10 acres total shall be exempt from the open space requirements of Table SECTION 04. BLOCKS AND LOTS. E. Cul-de-sac and Disconnected Street Limitations. In any case where a disconnected street may be permitted by the standards, exceptions, or alternative compliance of these regulations, they shall be further limited by the following standards and design requirements: 1. Permanent: a. Residential In the interior of a subdivision, Local streets ending in cul-desacs may be platted where the Planning and Zoning Commission deems it advisable. Where the land being subdivided adjoins property not being subdivided, Local streets ending in cul-de-sacs may be platted provided the streets are carried to the boundaries of the subdivision. Streets permanently ending in cul-de-sacs may not be longer than 600 feet and shall be provided at the closed end with a paved turnaround at least 80 feet in diameter on a street right-of-way of at least 104 feet in diameter. b. Commercial In the interior of a subdivision, Local streets ending in cul-desacs may be platted where the Planning and Zoning Commission deems it Page 13

58 advisable. Where the land being subdivided adjoins property not being subdivided, Local streets ending in cul-de-sacs may be platted provided the streets are carried to the boundaries of the subdivision. Streets permanently ending in cul-de-sacs may not be longer than 600 feet and shall be provided at the closed end with a paved turnaround at least 96 feet in diameter on a street right-of-way of at least 120 feet in diameter. 2. Temporary: a. A temporary turn-around must be built at the end of a street more than 400 feet long that will be extended in the future. The following note shall be placed on the plat: cross-hatched area in a temporary easement for turnaround purposed until the street is extended to the (direction) on a recorded plat. 3. Street designs such as loop streets or closes with a minimum turning radius of 30 feet are preferred as an alternative to cul-de-sacs Lot Size and Arrangement. D. Lot lines. 1. Frontage: All lots shall have a frontage on a public right-of-way. 2. Side Lot Lines: All side lot lines shall be at right angles to the right-of-way line. On curved rights-of-way or streets, side lot lines shall be radial to that line. 3 Rear Lines: Rear lot lines shall be established at a depth sufficient to permit twotiers of lots on each block. Double frontage lots or lots that back up to streets shall not be permitted. Lots backing to public rights-of-way shall only be permitted if separated by open space meeting the Civic Open Space System standards in Article 3, Section Page 14

59 4. Orientation: All lots shall have a general orientation of width to depth between 1:3 and 2:1, with a width that is relatively consistent dimension throughout the lot. Piano key and flag lots shall not be permitted, unless warranted by an unusual shape of the land or the ownership or property. 5. Building Lines: All lots shall have the required building lines specified by the zoning district and street network type applicable to the property. For un-zoned parcels outside of corporate limits of the City but within the City's extraterritorial jurisdiction, building setback lines shall meet the minimum requirements which would be applicable in the least intensive zoning district and street network type which would permit the proposed land use if the subdivision were located inside the City's corporate limits, or the building setback lines of a development plan approved in association with a development agreement for municipal services Easements. A. Dedication Required. Where necessary to adequately serve a subdivision with public infrastructure, the subdivider shall dedicate or grant easements for poles, wires, conduits, drainage channels, storm sewers, sanitary sewers, water lines, gas lines, and other infrastructure. Easements parallel and adjacent to streets shall be at least 10 feet wide on each side of Local and Collector streets. On Arterial streets these easements shall be 10 on one side (gas and water) and 20 on the other side (electric/cable/telephone) (See Section C.). Where easements are not parallel and adjacent to streets, the minimum width shall be 15. Where an easement contains multiple utilities or special circumstances require, the City Manager may require wider easements. B. Location of Easements. The easements required under this Section shall be continuous for the entire length of the block. These easements shall parallel as closely as possible the street line frontage of the block. Easements may not straddle but may cross property lines, and they may cross lots other than along lot boundary lines, if in the opinion of the Planning and Zoning Commission such locations are needed. Easements Utilities may be located in the right-of-way or in alleys, subject to the appropriate streetscape design standards in Section C. Page 15

60 ARTICLE 6. DRAINAGE AND FLOOD HAZARDS B. Waiver of Stormwater Management requirements in certain circumstances. The Planning and Zoning Commission, after considering a report from City staff, may waive the Stormwater Management requirements as outlined in Section , Facilities Required C.1, Stormwater Management, of Section 1, Article 6, of the City of Boerne Subdivision Ordinance, and approve a subdivision of land that is located within the city limits as depicted on the 2010 Flood Insurance Rate map, Community Panel No , effective date of December 17, 2010,1983 Flood Insurance Rate Map, Community Panel No , effective date of September 30, 1983, and which is seven (7) residential lots or less or fewer than 1.5 acres. SECTION 04. DRAINAGE SYSTEM DESIGN STANDARDS Method of Computing Runoff. The method of computing runoff shall be the Rational Method for watersheds of 200 acres or less in area and with time of concentration of 60 minutes or less. For watersheds with an area greater than 200 acres or time of concentration greater than 60 minutes, a computer model acceptable to the City Manager shall be prepared. In all cases, wet antecedent conditions shall be assumed. TABLE6-1: RATIONAL METHOD RUNOFF COEFFICIENTS BY ZONING DISTRICT Zoning District Average Impervious Cover (%) Slope Up to 2% Over 2% & Up to 7% Over RA Single Family Residential- Agricultural RL Single Family Residential- Large Lot RMA Single Family Residential- Manor Lots RE Single Family Residential Estate RE1 Low Density Single Family Residential R1 Medium Density Single Family Residential RN1 Neighborhood Residential R2 Moderate Density Residential R3 High Density Residential R-4 Multi-family Residential RMO Modular Residential % Page 16

61 NBO Neighborhood-Business- Office O Office B1 High Density Residential & Neighborhood Commercial MU1 Mixed Use District B2 Highway Commercial B2R Highway Commercial (Restricted) MU2 Mixed Use District B3 Central Business RC River Corridor I Industrial MHC Manufactured Home Community Note: Average expected impervious cover is indicated, if impervious cover of development will differ because of overlay zoning or other conditions, alternative factors may be used when justified to the satisfaction of the City Manager in the drainage report Street Crossings in Water Supply Protection Zones. Neighborhood Local minor streets shall not cross a water supply protection zone. Regional thoroughfares and all types of arterial and collector streets may cross a water supply protection zone only at right angles or as near as practicable to right angles in the judgment of the City Manager. All crossings should use the Rural Design Type specified in Article 3. All streets in the zone shall be designed and constructed with sedimentation and filtration basins sufficient to capture and treat the first one-half inch of rainfall runoff from the roadway. In addition, all regional thoroughfares in the zone shall be designed and constructed with hazardous material traps that will capture, contain and isolate a hazardous material spill in the street right-of-way. These hazardous material traps shall have a minimum volume of 10,000 gallons and they shall contain a self-draining outlet and an emergency cut-off to contain any spilled materials. No bridge structure shall discharge directly from the roadway surface into the zone. All bridges shall be designed to transport stormwater off the bridge structure and into a sedimentation pond or filtration basin, or to provide equivalent water quality protection in the judgment of the City Manager. ARTICLE 7. WATER AND SEWERS SECTION 06. SEPTIC SYSTEMS ON-SITE SEWAGE FACILITIES When specifically authorized by the Planning and Zoning Commission, septic systems on-site sewage facilities may be utilized for wastewater disposal. on lots being served by private wells, provided that All lots in the subdivision which utilize private wells and septic systems on-site sewage facilities must have a minimum area of 6 acres per single family dwelling/commercial structure and a street frontage of at least 200 feet. Lots in subdivisions being served with water provided by a public or other community water system may utilize individual septic systems onsite sewage facilities provided all lots within the subdivision have a minimum area of 45,000 square feet and a street frontage of at least 150 feet unless the water system is providing water from a source that is outside the jurisdiction of the Cow Creek Underground water District then Page 17

62 the standards set forth in Section B shall be followed. Any method of on-site wastewater disposal other than conventional septic systems on-site sewage facilities shall require the specific approval of the Planning and Zoning Commission on a lot by lot basis. Septic systems On-site sewage facilities shall be installed on each lot concurrent with any development thereon and the design of such system and the method of installation shall conform in all respects to the requirements of the Kendall County Office of Development Management. SECTION 07. WASTEWATER SYSTEM DESIGN STANDARDS Lift Stations and Force Mains. Lift station capacity shall be no less than 100 gallons per minute per pump. Lift station force mains shall be designed and sized to produce a complete exchange of wastewater every other cycle of the pumps. Force mains and fittings shall be of cast iron or PVC pipe, pressure class. The pipe shall have either mechanical joints or rubber gasket joints as approved by the City Manager. The minimum force main size shall be four inches. Lift stations shall be enclosed, for noise and odor control, in a building that matches the general architecture of the subdivision. Page 18

63 ARTICLE 8. UTILITY EXTENSIONS AND GENERAL SUBDIVISION IMPROVEMENTS SECTION 01. GENERAL REQUIREMENTS Construction Plans. Construction plans shall be submitted upon filing a final plat, as provided in Article 2. Constructions Plans shall be meet the following requirements Final Plans and Acceptance. Prior to final acceptance by the City of completed improvements for maintenance, the subdivider shall file with the City Manager or the Kendall County Commissioners Court, whichever is appropriate, the following: A. Either a two year warranty bond conditioned that the improvements are free from defects in materials and workmanship, or an irrevocable letter of credit, cash deposit, certificate of deposit, or savings assignment, committing funds for the correction and repair of any defects in materials or workmanship. The amount of the financial guarantee shall be in the amount of 10 percent of the final contract price for the improvements. E. Prior to acceptance of the subdivision improvements, the subdivider shall provide the City with a release of lien from all subcontractors and contractors verifying that all contractors have been paid and that no liens will be filed on the subdivision. No acceptance shall be given until all verification is made. No applications shall be accepted for building permits or utility connections, and no building permits shall be issued or utility connections made until such time as the entire subdivision is accepted by the City. F. If applicable, letters from the Texas Department of Transportation and/or Kendall County officials stating that their respective jurisdictional rights-of-way have been satisfactorily restored. No applications shall be accepted for building permits or utility connections, and no building permits shall be issued or utility connection made until such time as the entire subdivision is accepted by the City. SECTION 03. COSTS OF UTILITY EXTENSIONS Water and Sewer Main Extensions. Page 19

64 ARTICLE 8. UTILITY EXTENSIONS AND GENERAL SUBDIVISION IMPROVEMENTS SECTION 03. COST OF UTILITY EXTENSIONS The subdivider shall install water and sewer mains from their present locations to the perimeter boundaries of the subdivision at his/her own cost and expense, subject to the provisions of this ordinance. SECTION 04. COST DISTRIBUTION FOR OVERSIZED FACILITIES In the event that the Planning and Zoning Commission, City Manager or his designee deems it necessary and prudent to require lift stations, booster pumps, mains, equipment, streets and/or appurtenances which are larger or whose capacities are in excess of those which are usual, customary and necessary to meet the needs and requirements of a particular subdivision, then the Planning and Zoning Commission or City Manager may recommend to the City Council and the Council may determine that the City shall pay to the subdivider the difference in cost (including construction and installation) between those lift stations, booster pumps, mains, equipment, streets and/or appurtenances which the City requires the subdivider to install, and the cost of like equipment of the size and/or capacity which would have adequately met and served the needs of the subdivision. Providing that funds are available, the City may also participate in the extra cost of bridges and/or large drainage structures on regional thoroughfares and Arterial streets shown on the Major Thoroughfare Plan. PASSED and APPROVED on first reading this the day of November, PASSED, APPROVED, and ADOPTED on second reading this the day of November, APPROVED: Mayor ATTEST: City Secretary APPROVED AS TO FORM: City Attorney Page 20

65 EXHIBIT A Exhibit "A" Plat Certificates and Notes UTILITY EASEMENT: Utilities, including, without limitation, sewer, water, gas, electricity, telephone, and cable television, with all necessary and/or desirable lines, laterals and/or appurtenances thereto (the "Utilities") Together with the right of ingress and egress over the adjacent land to or from the Easement for the purpose of constructing, reconstructing, inspecting, patrolling, operating, maintaining, repairing, and removing the Utilities; the right to place new or additional Utilities in the Easement and to change the size thereof; the right to relocate along the same general direction of the Utilities; the right to remove from the Easement all trees and parts thereof, or other obstructions, which reasonably endanger or may reasonably interfere with the efficiency or operation of the Utilities; and the right to place temporary structures for use in constructing or repairing the Utilities. 1. The property owner retains the right to use all or any part of the Easement for any purpose which does not damage, destroy, injure, and/or unreasonably interfere with the use of the Easement. However, the easement shall be kept clear of all structures or other improvements. 2. The City shall make commercially reasonable efforts to ensure that damage to the Property is minimized and the City will at all times, after doing any work in connection with the System Utilities, restore the Property to the condition in which the Property was found before such work was undertaken to the extent that such restoration is reasonable in accordance with the City's usual and customary practices. PLAT NOTES: LARGE LEGACY TREE: There are large Legacy Trees, as defined in the Subdivision Ordinance, identified on this plat. GRID STREET SETBACKS: Lots on Grid Network streets have varying setbacks as defined in the zoning ordinance. Page 21

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68 AGENDA ITEM SUMMARY ITEM NO: 13. DESCRIPTION: An Ordinance Amending The Code Of Ordinances, City Of Boerne, Texas, By Amending Chapter 8, Article II, Fire Prevention Code, Section Amendment AGENDA DATE: November 22, 2011 DEPARTMENT Fire Marshal CONTACT PERSON Mark Mattick SUMMARY: As discussed in a previous City Council workshop, several conflicts were found between the Fire Prevention Code and the Subdivision Ordinance. The attached proposed amendments to the Fire Prevention Code Ordinance correspond with the regulations in the Subdivision Ordinance. COST SOURCE OF FUNDS RECOMMENDED ACTION ADDITIONAL INFORMATION POWER POINT? na na Approve proposed amendments to the Fire Prevention Ordinance This summary is not meant to be all inclusive. Supporting documentation is attached.

69 ORDINANCE NO AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF BOERNE, TEXAS, BY AMENDING CHAPTER 8, ARTICLE II, FIRE PREVENTION CODE, SECTION AMENDMENT WHEREAS, the City Council previously deemed it necessary to adopt building regulations to help promote the public health, safety and general welfare of the citizens of the City of Boerne; and WHEREAS, from time to time it becomes necessary for the City to update and adopt the new editions with amendments to the various codes. NOW, THEREFORE, BE IT ORDAINED, BY THE CITY COUNCIL OF THE CITY OF BOERNE, TEXAS: That the following Sections of Chapter 8, Fire Prevention and Protection, of the Code of Ordinances, City of Boerne, Texas, is hereby amended to read as follows: ARTICLE II, FIRE PREVENTION CODE Sec Amendment. Section D101, General, D101.1 Scope. shall be amended to state: Fire apparatus access roads shall be in accordance with this appendix and all other applicable requirements of the International Fire Code and Boerne Subdivision Ordinance. D101.2 Add: Section D101, General, D101.2 One and two family residential developments. The access road requirements for one and two family developments shall comply with the City of Boerne Subdivision Ordinance. Section D102, Required Access, D101.1 Scope. shall be amended to state: D Access and loading in a commercial or industrial development. Facilities, building or portions of buildings hereafter constructed shall be accessible to fire department apparatus by way of an approved fire apparatus access road with an asphalt, concrete or other approved driving surface capable of supporting the imposed load of fire apparatus weighing at least 75,0000 pounds ( kg). Section D103, Minimum Specifications, D103.1 Scope, shall be amended to state: D Access road width with a hydrant in a commercial or industrial development. Where a fire hydrant is located on a fire apparatus access road, the minimum road width shall be 26 feet (7925 mm). See figure D Section D103, Minimum Specifications, D103.3 Turning radius, shall be amended to state: D103.3 Turning radius. The minimum turning radius shall be determined by the fire code official in a commercial or industrial development. For one and two family dwellings refer to the City of Boerne Subdivision Ordinance Section Table 3-8: Intersection Curb Radii. Section D103, Minimum Specifications, D103.4 Dead ends, shall be amended to state:

70 D103.4 Dead ends. Dead-end fire apparatus access roads in excess of 250 feet ( mm) in length shall be provided with 96 foot diameter cul-de-sac in commercial areas and 80 foot diameter cul-de-sacs in one and two family developments for turning around fire apparatus. Dead-end fire apparatus access roads on commercial property in excess of 150 feet ( mm) may be provided with width and turnaround provisions in accordance with Table D103.4 if the cul-de-sac diameters listed above are impractical. Section D103, Minimum Specifications, D Roads 20 to 26 feet in width, shall be amended to state: D Roads 20 to 26 feet in width in a commercial or industrial development. Fire apparatus access road 20 to 26 feet wide (6096 to 7925 mm) shall be posted on both sides as a fire lane. Section D103, Minimum Specifications, D Roads more than 26 feet in width shall be amended to state: D Roads more than 26 feet in width in a commercial or industrial development. Fire apparatus access roads more than 26 feet wide (7925mm) to 32 feet wide (9754 mm) shall be posted on one side of the road as a fire lane. Section D104, Minimum Specifications, D Roads more than 26 feet in width shall be amended to state: Section D104, Commercial And Industrial Developments shall be amended to state: Commercial And Industrial Developments Special Requirements Section D105, Aerial Fire Apparatus Access Roads shall be amended to state: Aerial Fire Apparatus Access Roads For Commercial And Industrial Developments Section D106, Multiple-Family Commercial Residential Developments shall be amended to state: Multiple-Family Commercial Residential Developments PASSED and APPROVED on this the day of, ATTEST: City Secretary APPROVED: Mayor APPROVED AS TO FORM: City Attorney

71 AGENDA ITEM SUMMARY ITEM NO: 14. DESCRIPTION: Receive Recommendations From The Planning And Zoning Commission And Call For A Public Hearing On December 13, 2011: A. Proposed PUD Overlay District Of Acres Located At 12 Hwy 474 (Saddlehorn) B. Proposed Accessory Dwelling On +/- 14 Acres Located At 35 Old San Antonio Road C. Proposed Revisions To The Thoroughfare Plan Dated September 14, AGENDA DATE: November 22, 2011 DEPARTMENT Planning and Community Development CONTACT PERSON Chris Turk SUMMARY: The Planning and Zoning Commission recommended approval of the following items by a vote of 7-0. a. To consider the proposed Planned Unit Development (PUD) Overlay zoning district for acres located at 12 Hwy 474. b. To consider an Accessory Detached Dwelling Unit on +/- 14 acres located at 35 Old San Antonio Road. c. To consider the proposed revisions to the Thoroughfare Plan dated September 14, COST SOURCE OF FUNDS RECOMMENDED ACTION The Planning and Zoning Commission recommends that a public hearing be set for December 13th. ADDITIONAL INFORMATION This summary is not meant to be all inclusive. Supporting documentation is attached.

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73 J WILLIAMS WANDA WATER LANDA THIRD 35 Old San Antonio DALY SKYL AND ± UPPER CIBOLO CREEK IH 10 WALTERS IH 10 FABR A PFEIFFER FABRA OAK S CLEO SUMMIT STEEL VALLEY BLUESTEM HILLVIEW LOOP OAK R IDGE JEEP LAKE VIEW WOLLSCHLAEGER LAKE RANGER CREEK DEER VIEW DOESKIN JOHNS DOVE DEER OAK ACRES GLENN OAKS VIEW POINT IH 10 OAK BLUFF RANGE R IH 10 AU STIN BECKER CAZNEAU MAY IH 10 JULY SHOOTING CLUB MARKET HONEY B EE WINSBROOK DOE FM 1376 CHAPARRAL HILL HEINEN RANCH KAITLIN CALK SCHOOL DEEG SOMEDAY HILL VIEW ADVOGT FREDERICK NORTH ADLER MAIN LOHMANN HERFF SAN ANTONIO LOTT HOSACK HIGHLAND PECAN BERLIN TOEPPERWEIN PLANT JAMES EYHORN ELM ST OAK HICKMAN OAK PARK FIRST STAUDT BLANCO IVY ROSEWOOD EBNER FREY RIVER HERFF ESSER FAWN VALLEY ESSER SHARON FM 474 DEER CREEK BEN T WOOD ESSER VISTA VERDE SPRI NG C REEK SH 46 SPENCER COUGHRAN NORRIS BANDERA Subject property SH 46 MAYTUM GILBERT CREEK SPRINGS CROSSPOINT IH 10 OAK VIE W OLD SAN ANTONIO INDUSTRIA L DAISY IH 10 STONEGATE SOUTH BAMBI RANCH CASCADE CAVERNS WILD HORSE LIV E OAK THUNDER SPRING HIL KATIE SOPHIA L BLUEBONNET ALTA SKYVIEW CANYON LOOP UPPER BALCONES CORLEY VALLERIE SCENIC LOOP REED WINDING WHITWORTH Legend KendallStreets PW_CityLimits DODGE

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