MINUTES CITY COUNCIL WORKSHOP CITY COUNCIL CHAMBERS 124 Old San Antonio Road Boerne, TX May 13, :45 PM

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1 MINUTES CITY COUNCIL WORKSHOP CITY COUNCIL CHAMBERS 124 Old San Antonio Road Boerne, TX May 13, :45 PM 297 Minutes of the City Council Workshop of May 13, 2014 at 4:45 p.m. Present: Staff Present: Recognized / Registered Guests: Mayor Mike Schultz, Mayor Pro Tem Nina Woolard, Council Member Christina Bergmann, Council Member Ron Cisneros, Council Member Jeff Haberstroh, and Council Member J Kuper. Ron Bowman, Pam Bransford, Lori Carroll, Kirsten Cohoon, Melissa Grace, Jim Kohler, Mark Mattick, Sandy Mattick, Doug Meckel, Mike Raute, Kelly Skovbjerg, Jeff Thompson, Chris Turk, Larry Woods, Linda Zartler, and Danny Zincke. Katherine Ray of Ray Associates, Inc. Robert Imler and Julianna Boxwell 1. CALL TO ORDER 4:45 PM Mayor Schultz called the City Council to order at 4:45 p.m. 2. WORKSHOP DISCUSSION: A. PRESENTATION AND DISCUSSION ON TOTAL COMPENSATION AND BENEFIT STUDY FROM KATHERINE RAY OF RAY ASSOCIATES, INC. Mayor Mike Schultz called on Ms. Linda Zartler, Assistant City Manager. Ms. Zartler explained to the City Council that an employee compensation and benefit study is conducted once every five years to remain competitive in the market. Ms. Zartler introduced Ms. Katherine Ray of Ray Associates, Inc. who the City contracted with to conduct the study. Ms. Ray stated her company has been working with the City of Boerne since the late 1980 s. She presented a list of the 14 employers who were contacted for comparison of the City s salaries and benefits. Ray Associates, Inc. also looked at classification issues, internal equity and market competitiveness. ADJOURNMENT Mayor Schultz adjourned the City Council at 5:35 p.m. MINUTES REGULAR CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 124 Old San Antonio Road Boerne, TX May 13, :00 PM

2 298 Minutes of the Regular City Council Meeting of May 13, 2014 at 6:00 p.m. Present: Staff Present: Mayor Mike Schultz, Mayor Pro Tem Nina Woolard, Council Member Christina Bergmann, Council Member Ron Cisneros, Council Member Jeff Haberstroh, and Council Member J Kuper. Ron Bowman, Pam Bransford, Don Burger, Lori Carroll, Carlos Chavez, Kirsten Cohoon, Melissa Grace, Jim Kohler, Mark Mattick, Sandy Mattick, Doug Meckel, Mike Mann, Mike Raute, Kelly Skovbjerg, Jeff Thompson, Chris Turk, Larry Woods, Linda Zartler, and Danny Zincke. Katherine Ray of Ray Associates, Inc. Recognized / Registered Guests: Robert Imler, Rachel Kuper, Trip Kuper, Cathy Cisneros, Vicki R. Moore, Debbie DeLoach, Gail Yovanovich, Paul Swan, Crisanne Zamponi, Rob Ziegler, Connie Clark, Johny Rosa, Cheryl Worth, Chris Eyen, Josh Valenta, John Hollingshead, Allen Hoover, Doris Perez, Jacqueline Limon, Maddie Strange, Riley Knippa, Josh Sotello, Justin Jamie, Samuel Carrey, Breanna DesRuisseau, Kate Lanone, Phyllis Sekula, Melanie & Roy Faz, Brenda Wilson, Word Sherrill, David Brown, Devin Manner, Breck Kean, Gary Whiting, and Lance S. Wilson. 1. CALL TO ORDER 6:00 PM Mayor Schultz called the City Council to order at 6:00 p.m. 2. CONFLICTS OF INTEREST No conflicts were declared. 3. RECOGNITION OF OUTGOING COUNCIL MEMBER Mayor Schultz presented Ms. Rachel Kuper, wife of outgoing Council Member J Kuper with flowers. Mayor Schultz recognized Mr. J Kuper and expressed his appreciation for his four years of dedicated service to the Boerne community. 4. ADMINISTER OATHS OF OFFICE THREE COUNCIL MEMBERS Mayor Schultz administered the Oaths of Office to Ms. Christina Bergmann, Mr. Charlie Boyd, and Mr. Jeff Haberstroh.

3 5. CONSIDER ELECTION OF THE OFFICE OF MAYOR PRO-TEM FOR MAY 2014 MAY Mayor Schultz asked the City Council Members for nominations for the Office of Mayor Pro Tem position. MOTION WAS MADE BY COUNCIL MEMBER BERGMANN TO NOMINATE COUNCIL MEMBER CISNEROS TO THE OFFICE OF MAYOR PRO-TEM FOR MAY 2014 MAY COUNCIL MEMBER BOYD SECONDED THE MOTION. COUNCIL VOTED PUBLIC COMMENTS No comments were received. 7. CONSENT AGENDA A. Approval Of Minutes From April 22, 2014 (Regular). B. Consider Resolution No R36; A Resolution Authorizing The City Manager To Proceed With Purchases As Per Section 6.08 Of The City Of Boerne s Home Rule Charter. (Boerne Civic Center sign) MOTION WAS MADE BY COUNCIL MEMBER WOOLARD TO APPROVE THE CONSENT AGENDA AS PRESENTED. MAYOR PRO TEM CISNEROS SECONDED THE MOTION. COUNCIL VOTED RECOGNITION OF THE WATER AND WASTEWATER DEPARTMENTS FOR AN AWARD RECEIVED FROM THE AMERICAN WATER WORKS ASSOCIATION. Mayor Schultz called on Mr. Mike Mann, Public Works Director. Mr. Mann acknowledged Mr. Don Burger, Plants/Engineering Administrator and Mr. Carlos Chavez, Senior Plants Operator in the audience. Mr. Burger explained the history of the Bob Derrington Reuse Award. Annually the Texas Section of the American Water Works Association and the Water Environment Association of Texas meet at a joint conference called Texas Water. Texas Water is the largest regional conference of its type in the United States. During the conference the Boerne Wastewater Treatment and Recycling Center project received the award as a project that embodies the value and goals of water conservation and reuse. 9. RECEIVE AND CONSIDER THE FINDINGS AND RECOMMENDATION OF THE COMPREHENSIVE COMPENSATION STUDY FROM KATHERINE RAY OF RAY ASSOCIATES, INC. Mayor Schultz called on Ms. Linda Zartler, Assistant City Manager. Ms. Zartler referred to the workshop discussion regarding the compensation and benefit study performed by Ray Associates, Inc. Ms. Zartler stated that 31 employees would require an adjustment in their salary and the total transitional cost would be $13, for the remaining balance of FY Discussion ensued regarding proposed merit increases and competition with Eagle Ford Shale and other private industries.

4 300 MOTION WAS MADE BY COUNCIL MEMBER WOOLARD TO ACCEPT AND APPROVE THE IMPLEMENTATION OF THE 2014 TOTAL COMPENSATION EFFECTIVE JUNE, 2014 AND TO DIRECT STAFF TO OBTAIN COST ESTIMATES FOR THE RECOMMENDED BENEFITS. COUNCIL MEMBER BERGMANN SECONDED THE MOTION. COUNCIL VOTED PUBLIC HEARING To Hear Comments On The Following: A. Proposed rezoning of 48 and 48A Old San Antonio Road from R-E Single Family Residential Estate to R-4 Multifamily Residential District. Mayor Schultz opened the Public Hearing at 6:23 p.m. Keith Fife, 2285 Cielo Vista Drive San Antonio and owner of the property located at 48 and 48A Old San Antonio Road stated that he has provided low cost housing options for individuals but the property values have increased significantly. He decided to retire and list the property for sale over three years ago. He hoped to find a buyer that would keep the property as is or provide a relocation plan to the current tenants. Mr. Fife is requesting the City Council to support the request for rezoning that is consistent with the current landscape of Old San Antonio Road. If the property does not sell and when the current tenants lease expires, the new lease will go from month to month until the property is sold. David Brown, Battle Intense, Chairman of the Greater Boerne Chamber Board spoke on behalf of the Board who unanimously voted to support the rezoning of the property. It was felt it was the best opportunity for the current residents and the property owners have the full right to sell the property. Brenda Wilson, 48I Old San Antonio Road stated she was speaking on behalf of the residents of the Whispering Way Mobile Home Park. She also stated that removing affordable housing to create affordable housing to create additional tax revenue should not be the issue. Not all people prefer to live in apartments. She knew the property was for sale when she moved in but was under the impression it would remain a mobile home park if sold. She is aware of a potential buyer that would move their business to the property and retain the mobile home park. She asked that the City Council uphold the Planning and Zoning Commission s decision to not rezone the property. Breck Kean, Representative of Prestwick, Developer of the property asked City Council to suspend emotions of the property and consider merits of rezoning. He stated that the rezoning would add benefits such as $9 million asset to the tax roll, create jobs, and increase sales tax revenue. He acknowledged that people struggle to live and work in Boerne. The development consists of 72 units of affordable housing. Prestwick will do everything in their power to lessen the financial burden of the tenants, be a good neighbor, and do right what is right for the tenants and the City of Boerne. Kevin Manner, 6823 Ranger Creek Road stated he is a representative for the property owners and is the broker on property. He stated that there is nothing on the table if this buyer goes away that is signed and ready to go. There will be 72 affordable housing units that will replace 10. This is the best use of the property. Prestwick and the Fifes have met with tenants and surrounding landowners to hear their concerns and opinions. He has met with investors but has not met with an investor that can develop the property at its current state based on land value. This development would meet a need for the City. Mr. Manner asked Council to vote on the merits of this project and approve the rezoning of the property.

5 Gary Whiting, 307 East Mistletoe San Antonio stated he owns property on Old San Antonio. The mobile home park has been good neighbors. He expressed his concern with the increase in traffic this project may cause. He reminded City Council of the request from the property owners across Old San Antonio Road a few years ago that was denied. He asked that City Council deny this request. Roy Faz, 102 Old San Antonio Road stated that the proposed 72 units will overlook his back yard. He expressed his concern with traffic, noise, light, trash, and safety from this development. People who own property take pride in ownership unlike apartment residents. A development of this size comes with side effects such as domestic violence. He and his wife are owners of an apartment complex. He stated that quality of life needs to be respected. He is opposed to the rezoning of the property. Joshua Sotello, 48G Old San Antonio Road stated he grew up in Boerne. He moved to this home six months ago because they lost the home they were in at Whisper Way. He attends Champion High School. He expressed his concern with traffic and the current road construction is making it difficult for transportation. He felt that a development this size was not appropriate for this property. Mayor Schultz closed the Public Hearing at 6:58 p.m. B. Consider the proposed Planned Unit Development (PUD) plan for Lot 1, Block 3 of Whisper Glen subdivision, acres located at 22 Herff Road. Mayor Schultz opened the Public Hearing at 6:58 p.m. Allen Hoover, 9 Jason Road stated he has owned the property located at 22 Herff Road for six years. He purchased the property as an investment and has since tried to find the best type of development for the property. He is focusing on an owner occupied product. He asked City Council to approve the PUD plan. Mayor Schultz closed the Public Hearing at 7:01 p.m. C. Consider the proposed revisions to An Ordinance Amending the City of Boerne Zoning Ordinance No , Article 3, General Prohibitions and Requirements, Section , Design Options, Article 5, Zoning Districts and Use Regulations, Section 03. Permitted Uses, Table 5-1. Permitted Uses & Base Zoning Districts; Section 04. Residential Lot Types and Standards, Section 15, B-1, High-density Residential and Neighborhood Commercial District, Section 16. MU-1, Mixed-Use District, Section 17. B-2, Highway Commercial District, Section 18. B-2R, Highway Commercial/Restricted District, Section 19. MU-2, Mixed-Use District, Section 20. B-3, Central Business District and Section 24. PUD Planned Unit Development, Item E. Building Setback Lines. 301 Mayor Schultz opened the Public Hearing at 7:02 p.m. No comments were received. Mayor Schultz closed the Public Hearing at 7:02 p.m.

6 TAKE ANY NECESSARY ACTION RESULTING FROM THE PUBLIC HEARING: A. CONSIDER ON FIRST 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 48 AND 48A OLD SAN ANTONIO ROAD (KAD & KAD 39193) FROM R-E SINGLE FAMILY RESIDENTIAL ESTATE TO R-4 MULTIFAMILY RESIDENTIAL DISTRICT; CONTAINING A SEVERANCE CLAUSE; AND DECLARING AN EFFECTIVE DATE. Mayor Schultz called on Mr. Chris Turk, Planning and Community Development Director. Mr. Turk reminded the City Council of the three resolutions that were previously approved supporting the Prestwick Development. He stated that the Planning and Zoning Commission voted 5-3 to not recommend the rezoning of the property. He reviewed the relocation plan that would be paid by developer. Mr. Turk noted that a 6 fence was planned along the perimeter of the property and trees would be planted. In regards to traffic issues, the apartment complex will have less than 75 peak hour trips and would only qualify for our lowest TIA report and not a study. The new Herff Road will alleviate some of the traffic issues. He stated that there is very little rental space available and this development would be a financial benefit to the City. Staff recommended approval of the rezoning. Discussion ensued regarding the recommendation from the Planning and Zoning Commission, property rights, decision making based on emotion and merit, the need for workforce development housing, future of Old San Antonio Road, and what is right for the City of Boerne. MOTION WAS MADE BY MAYOR PRO TEM CISNEROS TO DENY ON FIRST 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 48 AND 48A OLD SAN ANTONIO ROAD (KAD & KAD 39193) FROM R-E SINGLE FAMILY RESIDENTIAL ESTATE TO R-4 MULTIFAMILY RESIDENTIAL DISTRICT; CONTAINING A SEVERANCE CLAUSE; AND DECLARING AN EFFECTIVE DATE. COUNCIL MEMBER BERGMANN SECONDED THE MOTION. Mayor Schultz commented that as elected officials the City Council has the responsibility to decide what is good not only for a district but for the City of Boerne as a whole. Mayor Schultz reminded City Council that a super majority vote is required for approval of the ordinance. MAYOR SCHULTZ ASKED FOR A RECORDED VOTE: COUNCIL MEMBER HABERSTROH, NEY; COUNCIL MEMBER WOOLARD, NEY; COUNCIL MEMBER BOYD, YEAH; MAYOR PRO TEM CISNEROS, YEAH; COUNCIL MEMBER BERGMANN, YEAH. COUNCIL VOTED 3-2. B. CONSIDER THE PROPOSED PLANNED UNIT DEVELOPMENT (PUD) PLAN FOR LOT 1, BLOCK 3 OF WHISPER GLEN SUBDIVISION, ACRES LOCATED WEST AT 22 HERFF ROAD. Mr. Turk displayed a map of the location of the property in question located at 22 Herff Road and also the proposed plan for property. Mr. Turk stated that by approving the PUD Plan, City Council also approves all inconsistencies with property development. He listed what was included in the Plan. In addition, the Planning and Zoning Commission recommended that all the homes be no more than 2 bedroom, all residential units have sprinkler system installed, and lots 5,8,9,12,13,16,17,22,23,26,27,30,31, and 34 be constructed with carports. The Planning and Zoning Commission recommended approval of the PUD Plan with a vote of 5-1. The zoning request

7 will come before City Council at a later date. Staff recommended approval of the PUD Plan. Discussion ensued regarding the narrow street, parking, one way in one way out, and fencing. MOTION WAS MADE BY COUNCIL HABERSTROH TO APPROVE THE PROPOSED PLANNED UNIT DEVELOPMENT (PUD) PLAN FOR LOT 1, BLOCK 3 OF WHISPER GLEN SUBDIVISION, ACRES LOCATED WEST AT 22 HERFF ROAD TO INCLUDE THE OPTIONS PRESENTED. COUNCIL MEMBER WOOLARD SECONDED THE MOTION. Discussion ensued regarding removing the sidewalk to increase street width. COUNCIL VOTED C. CONSIDER ON FIRST READING ORDINANCE NO ; AN ORDINANCE AMENDING THE CITY OF BOERNE ZONING ORDINANCE NO , ARTICLE 3, GENERAL PROHIBITIONS AND REQUIREMENTS, SECTION , DESIGN OPTIONS, ARTICLE 5, ZONING DISTRICTS AND USE REGULATIONS, SECTION 03. PERMITTED USES, TABLE 5-1. PERMITTED USES & BASE ZONING DISTRICTS; SECTION 04. RESIDENTIAL LOT TYPES AND STANDARDS, SECTION 15, B-1, HIGH-DENSITY RESIDENTIAL AND NEIGHBORHOOD COMMERCIAL DISTRICT, SECTION 16. MU-1, MIXED-USE DISTRICT, SECTION 17. B-2, HIGHWAY COMMERCIAL DISTRICT, SECTION 18. B-2R, HIGHWAY COMMERCIAL/RESTRICTED DISTRICT, SECTION 19. MU-2, MIXED-USE DISTRICT, SECTION 20. B-3, CENTRAL BUSINESS DISTRICT AND SECTION 24. PUD PLANNED UNIT DEVELOPMENT, ITEM E. BUILDING SETBACK LINES. Mr. Turk reviewed the proposed amendments to the Zoning Ordinance. He stated that some of the proposed amendments are issues that continue to arise. Discussion ensured regarding encroachment of patios in the rear setback. MOTION WAS MADE BY COUNCIL MEMBER WOOLARD TO TABLE ON FIRST READING ORDINANCE NO ; AN ORDINANCE AMENDING THE CITY OF BOERNE ZONING ORDINANCE NO , ARTICLE 3, GENERAL PROHIBITIONS AND REQUIREMENTS, SECTION , DESIGN OPTIONS, ARTICLE 5, ZONING DISTRICTS AND USE REGULATIONS, SECTION 03. PERMITTED USES, TABLE 5-1. PERMITTED USES & BASE ZONING DISTRICTS; SECTION 04. RESIDENTIAL LOT TYPES AND STANDARDS, SECTION 15, B-1, HIGH-DENSITY RESIDENTIAL AND NEIGHBORHOOD COMMERCIAL DISTRICT, SECTION 16. MU-1, MIXED-USE DISTRICT, SECTION 17. B-2, HIGHWAY COMMERCIAL DISTRICT, SECTION 18. B-2R, HIGHWAY COMMERCIAL/RESTRICTED DISTRICT, SECTION 19. MU-2, MIXED-USE DISTRICT, SECTION 20. B-3, CENTRAL BUSINESS DISTRICT AND SECTION 24. PUD PLANNED UNIT DEVELOPMENT, ITEM E. BUILDING SETBACK LINES. COUNCIL MEMBER BOYD SECONDED THE MOTION. COUNCIL VOTED RECEIVE PROPOSAL FOR A BOERNE ANNUAL PUBLIC ART SCULPTURE/ MONUMENT COMPETITION. Mayor Schultz called on Mr. Paul Barwick, Special Projects Director. Mr. Barwick recognized Mr. Johny Rosa in the audience as well as members of the Hill Country for the Arts Board. Mr. Barwick reviewed a proposed annual event in hopes of building the Boerne s Municipal Public Art Collection and encourage cultural tourism. This event would allow the City s Public Art Collection to grow by 5-10 pieces over the next five years.

8 304 Discussion ensued regarding maintenance, insurance, location, and lease agreement costs. MOTION WAS MADE BY COUNCIL MEMBER HABERSTROH TO APPROVE THE PROPOSAL FOR A BOERNE ANNUAL PUBLIC ART SCULPTURE/ MONUMENT COMPETITION. MAYOR PRO TEM CISNEROS SECONDED THE MOTION. COUNCIL VOTED RECEIVE BIDS AND AWARD CONTRACT FOR CONSTRUCTION OF LESTER SEWER EXTENSION AND CONSIDER RESOLUTION NO R37; A RESOLUTION OF THE CITY OF BOERNE, TEXAS, AUTHORIZING THE AWARD OF A CONTRACT FOR CONSTRUCTION OF LESTER SEWER EXTENSION. Mayor Schultz called on Mr. Don Burger, Plants/Engineering Administrator. Mr. Burger displayed a location map of the proposed project which will serve areas located on IH-10 as well as properties on Old San Antonio Road. Staff recommended the contract be awarded to Wauters Engineering, LLC not to exceed $169, MOTION WAS MADE BY COUNCIL MEMBER WOOLARD TO RECEIVE BIDS AND AWARD CONTRACT FOR CONSTRUCTION OF LESTER SEWER EXTENSION AND CONSIDER RESOLUTION NO R37; A RESOLUTION OF THE CITY OF BOERNE, TEXAS, AUTHORIZING THE AWARD OF A CONTRACT FOR CONSTRUCTION OF LESTER SEWER EXTENSION TO WAUTERS ENGINEERING, LLC NOT TO EXCEED $169, COUNCIL MEMBER HABERSTROH SECONDED THE MOTION. COUNCIL VOTED CONSIDER ON FIRST READING ORDINANCE NO ; AN ORDINANCE AUTHORIZING THE INSTALLATION OF STOP SIGNS IN WOODS OF BOERNE SUBDIVISION RESIDENTIAL UNIT I AND II, COMMERCIAL UNIT I, ESTABLISHING A 30 MILE PER HOUR SPEED LIMIT; AND AUTHORIZING THE INSTALLATION OF STOP SIGNS IN THE BOERNE HOLLOW SUBDIVISION, ESTABLISHING A 30 MILE PER HOUR SPEED LIMIT; AND PROVIDING FOR A PENALTY NOT TO EXCEED $200 FOR EACH VIOLATION OF THIS ORDINANCE. Mayor Schultz called on Mr. Mike Mann, Public Works Director. Mr. Mann displayed an aerial of the Woods of Boerne and Boerne Hollow subdivisions, two new subdivisions that have completed platting. Staff recommended that City Council set speed limit at 30 mph for both subdivisions and that stop signs be installed. MOTION WAS MADE BY COUNCIL MEMBER HABERSTROH TO APPROVE ON FIRST READING ORDINANCE NO ; AN ORDINANCE AUTHORIZING THE INSTALLATION OF STOP SIGNS IN WOODS OF BOERNE SUBDIVISION RESIDENTIAL UNIT I AND II, COMMERCIAL UNIT I, ESTABLISHING A 30 MILE PER HOUR SPEED LIMIT; AND AUTHORIZING THE INSTALLATION OF STOP SIGNS IN THE BOERNE HOLLOW SUBDIVISION, ESTABLISHING A 30 MILE PER HOUR SPEED LIMIT; AND PROVIDING FOR A PENALTY NOT TO EXCEED $200 FOR EACH VIOLATION OF THIS ORDINANCE WITH THE MODIFICATION THAT THE SPEED LIMIT FOR BOERNE HOLLOW SUBDIVISION BE 25 MILES PER HOUR. COUNCIL MEMBER BERGMANN SECONDED THE MOTION. COUNCIL VOTED CONSIDER RESOLUTION NO R38; A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AND MANAGE AN AMENDED DEVELOPMENT AGREEMENT BETWEEN THE CITY OF BOERNE AND ISBELL BOERNE RANCH LTD.

9 Mayor Schultz called on Mr. Jeff Thompson, Deputy City Manager. Mr. Thompson reminded City Council of the development and displayed a location map of the property. Mr. Thompson stated that the Development Agreement originally was approved by City Council in 2007 which pertains to the GBRA water reservation fees that the owner begin paying on the third anniversary date of the Agreement. An extension of the Development Agreement was approved by City Council in In May of 2012 the owner requested an additional two year extension and City Council agreed. A second amendment to the revised Development Agreement is before City Council that requests another two year extension. Staff recommended granting the extension and continuing the existing agreement. Discussion ensued regarding timeline of the development of the project. MOTION WAS MADE BY COUNCIL MEMBER WOOLARD TO APPROVE RESOLUTION NO R38; A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AND MANAGE AN AMENDED DEVELOPMENT AGREEMENT BETWEEN THE CITY OF BOERNE AND ISBELL BOERNE RANCH LTD. COUNCIL MEMBER HABERSTROH SECONDED THE MOTION. COUNCIL VOTED RECEIVE AND CONSIDER A REQUEST FROM 6 A PROPERTIES, LP FOR A VARIANCE TO THE SIGN ORDINANCE SECTION 10 M. ADDITIONAL FREE STANDING SIGNS, SECTION 15 B. NON- CONFORMING SIGNS. (at the request of Aaron Arnold of CACC, Inc IH 10 West) Mr. Turk displayed a map of the property and a photo of the existing sign and location of the requested two additional free standing signs. Mr. Turk explained that the existing sign is used to advertise three of the tenants. The request for two additional free standing signs is to advertise for other tenants in multiple buildings on the property. Mr. Turk stated that the Variance Committee met and recommended the request be denied. The Committee felt that the property owner should modify the existing sign. MOTION WAS MADE BY COUNCIL MEMBER BERGMANN TO DENY THE REQUEST FROM 6 A PROPERTIES, LP FOR A VARIANCE TO THE SIGN ORDINANCE SECTION 10 M. ADDITIONAL FREE STANDING SIGNS, SECTION 15 B. NON-CONFORMING SIGNS LOCATED AT IH 10 WEST. COUNCIL MEMBER WOOLARD SECONDED THE MOTION. COUNCIL VOTED RECEIVE AND CONSIDER A REQUEST FROM SEVEN 13 SIGNS AND GRAPHICS LLC FOR A VARIANCE TO THE SIGN ORDINANCE SECTION 5. DEFINITIONS. OFF PREMISE SIGN (Gehan Homes, HWY 46 East) Mr. Turk displayed a location map of the Champion Heights, Gehan Homes development. The development is located 1,300 feet north of Hwy 46 and not visible from Hwy 46. Mr. Turk displayed a drawing of the proposed sign. The Variance Committee recommended that the variance for an off premise sign be granted for a period of 18 months and that it could be considered for renewal every 12 months until build out of the development. MOTION WAS MADE BY COUNCIL MEMBER WOOLARD TO APPROVE THE REQUEST FROM SEVEN 13 SIGNS AND GRAPHICS LLC FOR A VARIANCE TO THE SIGN ORDINANCE SECTION 5. DEFINITIONS. OFF PREMISE SIGN. COUNCIL MEMBER BOYD SECONDED THE MOTION. COUNCIL VOTED 5-0.

10 RECEIVE AND CONSIDER A REQUEST FROM TODD ADAMS OF MAMA S RESTAURANT FOR A VARIANCE TO THE SIGN ORDINANCE SECTION 11 J. ROOF SIGN. (MAMA S Restaurant, IH-10) Mr. Turk displayed a photo of proposed roof sign for Mama s Restaurant. The City of Boerne s Sign Ordinance prohibits the use of roof signs. The Variance Committee met and recommended that the request be denied. The Committee felt there was not a significant increase in visibility mounting the sign on or above the roof. MOTION WAS MADE BY COUNCIL MEMBER HABERSTROH TO DENY THE REQUEST FROM TODD ADAMS OF MAMA S RESTAURANT FOR A VARIANCE TO THE SIGN ORDINANCE SECTION 11 J. ROOF SIGN. COUNCIL MEMBER BERGMANN SECONDED THE MOTION. COUNCIL VOTED CONSIDER ON FIRST READING ORDINANCE NO ; AN ORDINANCE ANNEXING THE HEREINAFTER DESCRIBED TERRITORY INTO THE CITY OF BOERNE, KENDALL COUNTY, TEXAS AND EXTENDING THE BOUNDARY LIMITS OF SAID CITY SO AS TO INCLUDE SAID HEREINAFTER DESCRIBED PROPERTY WITHIN THE CITY LIMITS, AND GRANTING TO SAID TERRITORY AND TO ALL FUTURE INHABITANTS OF SAID PROPERTY ALL OF THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BINDING SAID FUTURE INHABITANTS BY ALL OF THE ACTS AND ORDINANCES OF SAID CITY. (at the request of Vicki Stringer,.372 acres located at 1012 Adler Street A portion of PID 14237) Chris Turk stated that Vicki Stringer, owner of the property located at 1012 Adler Street requested annexation into the city limits. The property will be a road for a subdivision, Saddlehorn Phase 2. It will provide an entrance into Phase 2 and a second entrance to Saddlehorn Phase 1. Staff recommended approval of the annexation. MOTION WAS MADE BY MAYOR PRO TEM CISNEROS TO APPROVE FIRST READING ORDINANCE NO ; AN ORDINANCE ANNEXING THE HEREINAFTER DESCRIBED TERRITORY INTO THE CITY OF BOERNE, KENDALL COUNTY, TEXAS AND EXTENDING THE BOUNDARY LIMITS OF SAID CITY SO AS TO INCLUDE SAID HEREINAFTER DESCRIBED PROPERTY WITHIN THE CITY LIMITS, AND GRANTING TO SAID TERRITORY AND TO ALL FUTURE INHABITANTS OF SAID PROPERTY ALL OF THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BINDING SAID FUTURE INHABITANTS BY ALL OF THE ACTS AND ORDINANCES OF SAID CITY. COUNCIL MEMBER WOOLARD SECONDED THE MOTION. COUNCIL VOTED RECEIVE RECOMMENDATIONS FROM THE PLANNING AND ZONING COMMISSION AND SET PUBLIC HEARINGS FOR JUNE 10, A. Proposed Rezoning Of Lot 1, Block 3 Of Whisper Glen Subdivision, Acres Located At 22 Herff Road, From R-4, Multi-Family Residential District To R-2, Moderate Density Residential District. B. Proposed Permanent Zoning Of Acres Located At 33 Herff Road From A Temporary R-A, Single Family Residential-Agricultural District Zoning To A Permanent R-A, Single Family Residential-Agricultural District Zoning (Friends Of Cibolo Wilderness). C. Proposed Permanent Zoning Of Acres Located At IH-10 West Close To Daisy Lane From R-A, Single Family Residential-Agricultural District To R-2, Moderate Density Residential District.

11 Mr. Chris Turk displayed a map of the property locations for the three zoning requests. Staff recommended that City Council receive the recommendations and set the Public Hearings for June 10, MOTION WAS MADE BY MAYOR PRO TEM CISNEROS TO RECEIVE RECOMMENDATIONS FROM THE PLANNING AND ZONING COMMISSION AND SET PUBLIC HEARINGS FOR JUNE 10, COUNCIL MEMBER BOYD SECONDED THE MOTION. COUNCIL VOTED COMMENTS FROM COUNCIL/LEGAL COUNSEL/STAFF Mike Mann, Public Works Director addressed the recent power outage. The transmission line is owned by CPS. LCRA could not back feed due to the construction which is scheduled to be completed in June. Mayor Schultz expressed his appreciation to Council Member Woolard during her tenure as Mayor Pro Tem. He congratulated Mayor Pro Tem Cisneros on his appointment. Mayor Schultz stated that he received a letter from Kendall County Sheriff Auxier thanking Mike Raute, IT Director for his contribution and assisting the County in the transitioning to Tyler Software. 22. EXECUTIVE SESSION IN ACCORDANCE WITH THE TEXAS GOVERNMENT CODE: A. Section Consultation with Attorney: Pending Litigation; LCRA v. City of Boerne Mayor Schultz convened the City Council into Executive Session at 8:55 p.m. and asked those requested to participate to adjourn to the Executive Conference room. No action was taken. 23. RECONVENE INTO OPEN SESSION AND TAKE ANY NECESSARY ACTION RELATING TO THE EXECUTIVE SESSION AS DESCRIBED ABOVE. Mayor Schultz reconvened the City Council into Open Session at 9:10 p.m. No action was taken. ADJOURNMENT MOTION WAS MADE BY COUNCIL MEMBER BOYD TO ADJOURN THE CITY COUNCIL AT 9:10 PM. COUNCIL MEMBER BERGMANN SECONDED THE MOTION. COUNCIL VOTED ATTEST: s/s Lori A. Carroll City Secretary APPROVED: s/s Michael D. Schultz Mayor