238 MINUTES REGULAR CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 124 Old San Antonio Road Boerne, TX 78006 January 14, 2014 6:00 PM Minutes of the Regular City Council meeting of January 14, 2014 at 6:00 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, Mike Mann, Sandy Mattick, Doug Meckel, Mike Raute, Jeff Thompson, Linda Zartler, Larry Woods, and Danny Zincke. Don Rogers, Richard Chapman, Baron Houser, Gail Yovanovich, Barrett Houser, Jim Gunn, Steve Simon, Mr. & Mrs. Gilbert Valderas, Jim Plasek, Umer Khawaja, Debbie DeLoach, Linda Byrne, Melvin Carley, Connie Carley, Charlie Boyd IV, and Bryan Woods. Tyler Roberts lead the Pledge of Allegiance to the United States Flag and the Texas Flag. 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 from the City Council Members. 3. PUBLIC COMMENTS Mary Himlin, 125 Creekside Drive expressed her appreciation to the City Council for the changes made to the Animal Control Ordinance. Connie Carley, 303 W. Frederick Street stated that she enjoys taking her grandchildren to the Skate Park and visiting with other individuals at the Park. There are concerns regarding the lack of lighting in the area for the individuals who walk to the park and also the water fountain turned off during the winter months. She is willing to get involved to help in promoting the Park to make it bigger and better.
4. POLICE DEPARTMENT RECOGNITION OF CITIZENS: Debbie Valderas And Steve Simon Mayor Schultz called on Police Chief Jim Kohler. Chief Kohler explained that a home in the Woods of Frederick Creek was burglarized. The neighbor, Mr. Steve Simon had a video camera showing a white Dodge Nitro leaving the home. Mr. Simon put the video on Facebook. Later, Debbie Valderas saw the vehicle again in the neighbor and told Mr. Simon. A Police Detective found the owner of vehicle. One of the suspects had 10 warrants and was part of the Mexican Mafia. Chief Kohler commended both Mr. Simon and Ms. Valderas for getting involved and presented them both with a plaque. 239 5. PRESENTATION: A. TAAF Local Athletes of the Year Mayor Schultz called on Mr. Danny Zincke, Parks and Recreation Director. Mr. Zincke recognized Dustin Decker as the 2013 TAAF Local Male Athlete of the Year. Dustin has since enlisted in the military so his mother and brother accepted the award in his absence. Lauren Roberts was recognized as the female recipient of the 2013 TAAF Local Athlete of the Year and the TAAF Region Athlete. 6. CONSENT AGENDA A. Approval Of Minutes From December 17, 2013 (Regular Meeting). B. Consider On Second Reading Ordinance No. 2013-49; An Ordinance Repealing And Replacing The Code Of Ordinances, City Of Boerne, Texas, By Amending Chapter 4 Animals And Fowl, Article 3 Dogs And Cats; And Providing For A Penalty Of Not More Than $500 For Violation Of Any Provision Of This Ordinance. C. Consider Resolution No. 2014-R01; A Resolution Authorizing The Closure Of A Portion Of Main Street (Hwy 87) During Certain Hours For The Texas Corvette Association Show And Authorizing The City Manager To Execute An Agreement For The Temporary Closure Of State Right-Of-Way With The Texas Department Of Transportation. MOTION WAS MADE BY MAYOR PRO TEM WOOLARD TO APPROVE THE CONSENT AGENDA AS PROVIDED. COUNCIL MEMBER CISNEROS SECONDED THE MOTION. COUNCIL VOTED 5-0. 7. PUBLIC HEARING To Hear Comments On The Following: A. Proposed Annexation Of 9.938 Acres Located At 32005 Interstate 10 West (PID 286972) At The Request Of Property Owners Betty Froboese Theis and Kenneth Froboese. (First Of Two Hearings - No Action Required) Mayor Schultz opened the Public Hearing at 6:21 p.m. No comments were received. Mayor Schultz closed the Public Hearing at 6:22 p.m.
240 B. Proposed Annexation Of 3.040 Acres Located At 32 Herff Road (PID 15819) At The Request Of Property Owners Philip, Casey, James And Robert Carte. (First Of Two Hearings No Action Required) Mayor Schultz opened the Public Hearing at 6:22 p.m. No comments were received. Mayor Schultz closed the Public Hearing at 6:22 p.m. 8. CONSIDER MAYORAL APPOINTMENTS TO VARIOUS BOARDS AND COMMISSIONS. Mayor Schultz stated that there are several boards and commissions members whose term have expired. He recommended re-appointment of Ms. Sharon Mazurek to the Kendall County Library System Advisory Board for another two year term. For the Convention and Visitors Bureau Advisory Board, Mayor Schultz recommended the re-appointment of Mr. Harry Lees as Chairman to a two year term and re-appointment of board members Ed McClure, Dayna Cartwright, Melissa Milton, Staci Andrews, and Mary Sue Hurdt to two year terms. MOTION WAS MADE BY COUNCIL MEMBER CISNEROS TO RE-APPOINT MS. SHARON MAZUREK TO THE KENDALL COUNTY LIBRARY SYSTEM ADVISORY BOARD FOR ANOTHER TWO YEAR TERM, AND FOR THE CONVENTION AND VISITORS BUREAU ADVISORY BOARD, THE RE-APPOINTMENT OF MR. HARRY LEES AS CHAIRMAN TO A TWO YEAR TERM AND RE-APPOINTMENT OF BOARD MEMBERS ED MCCLURE, DAYNA CARTWRIGHT, MELISSA MILTON, STACI ANDREWS, AND MARY SUE HURDT TO TWO YEAR TERMS. COUNCIL MEMBER BERGMANN SECONDED THE MOTION. COUNCIL VOTED 5-0. 9. CONSIDER RESOLUTION NO. 2014-R02; A RESOLUTION OF THE CITY OF BOERNE, TEXAS AUTHORIZING THE FILING OF A GRANT APPLICATION WITH THE ALAMO AREA COUNCIL OF GOVERNMENTS FOR A REGIONAL SOLID WASTE GRANTS PROGRAM GRANT; AUTHORIZING THE CITY MANAGER TO ACT ON BEHALF OF THE CITY OF BOERNE IN ALL MATTERS RELATED TO THE APPLICATION; AND PLEDGING THAT IF A GRANT IS RECEIVED THE CITY OF BOERNE WILL COMPLY WITH THE GRANT REQUIREMENTS OF THE ALAMO AREA COUNCIL OF GOVERNMENTS, THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY AND THE STATE OF TEXAS. Mayor Schultz called on Ms. Sandy Mattick, Finance Director. Ms. Mattick spoke on the Household Hazard Waste program. Waste Management s charge for this service has increased from $115 to $185 per pick-up. They are the only company that offers this service. Staff recommended application for a 50% matching Household Hazardous Waste grant through AACOG for $18,582.00. Ms. Mattick stated that the matching funds could be raised by adding an additional $0.50 on each monthly billing for residential garbage customer accounts. A total of $37,164 will be available for advertisement and 12 months of curbside collection.
MOTION WAS MADE BY MAYOR PRO WOOLARD TO APPROVE RESOLUTION NO. 2014-R02; A RESOLUTION OF THE CITY OF BOERNE, TEXAS AUTHORIZING THE FILING OF A GRANT APPLICATION WITH THE ALAMO AREA COUNCIL OF GOVERNMENTS FOR A REGIONAL SOLID WASTE GRANTS PROGRAM GRANT; AUTHORIZING THE CITY MANAGER TO ACT ON BEHALF OF THE CITY OF BOERNE IN ALL MATTERS RELATED TO THE APPLICATION; AND PLEDGING THAT IF A GRANT IS RECEIVED THE CITY OF BOERNE WILL COMPLY WITH THE GRANT REQUIREMENTS OF THE ALAMO AREA COUNCIL OF GOVERNMENTS, THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY AND THE STATE OF TEXAS. COUNCIL MEMBER CISNEROS SECONDED THE MOTION. COUNCIL VOTED 5-0. 241 10. CONSIDER RESOLUTION NO. 2014-R03; A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AND MANAGE A MODIFICATION, RATIFICATION AND EXTENSION OF DEVELOPMENT AGREEMENT AND DISTRICT CONSENT AGREEMENT OF THE 2008 DEVELOPMENT AGREEMENT AND THE INTERLOCAL AGREEMENT CONCERNING THE CREATION AND OPERATION OF KENDALL COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO. 2 BY AND BETWEEN THE CITY OF BOERNE, LOOKOUT BOERNE HOLDINGS, LP AND KENDALL COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO. 2 AND 2-A BOTH RELATING TO THE ESPERANZA PROPERTY. Mayor Schultz called on Mr. Jeff Thompson, Deputy City Manager. Mr. Thompson stated that the only significant change in the agreement from the last presentation to City Council is the effective date to be after the BISD meeting on January 20, 2014. Staff recommended approval of the Resolution. Discussion ensued regarding build out and the fire station time frame on property. MOTION WAS MADE BY COUNCIL MEMBER KUPER TO APPROVE RESOLUTION NO. 2014-R03, AUTHORIZING THE CITY MANAGER TO ENTER INTO AND MANAGE A MODIFICATION, RATIFICATION AND EXTENSION OF DEVELOPMENT AGREEMENT AND DISTRICT CONSENT AGREEMENT OF THE 2008 DEVELOPMENT AGREEMENT AND THE INTERLOCAL AGREEMENT CONCERNING THE CREATION AND OPERATION OF KENDALL COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO. 2 BY AND BETWEEN THE CITY OF BOERNE, LOOKOUT BOERNE HOLDINGS, LP AND KENDALL COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO. 2 AND 2-A BOTH RELATING TO THE ESPERANZA PROPERTY. COUNCIL MEMBER HABERSTROH SECONDED THE MOTION. COUNCIL VOTED 5-0. 11. RECEIVE RECOMMENDATION FROM THE PLANNING AND ZONING COMMISSION AND SET PUBLIC HEARING FOR FEBRUARY 11, 2014: A. Proposed Revisions To An Ordinance Amending The City Of Boerne Zoning Ordinance No. 2007-64, Article 1, In General, Section 06. Definitions, Article 3, General Prohibitions And Requirements, Section 05. Supplemental Height, Yard, Area And Slope Requirements, Section 06. Accessory Dwellings, Section 07. Neighborhood Design Standards, Section 09. Combined Commercial Design Standards, Section 10. On-Site Parking Requirements, Adding Section 18. Residential Care Facility, Article 5, Zoning Districts And Use Regulations, Section 03. Permitted Uses, Table 5-1. Permitted Uses & Base Zoning Districts; And Section 04. Residential Lot Types And Standards.
242 Mayor Schultz called on Mr. Chris Turk, Planning and Community Development Director. Mr. Turk stated that Staff is in agreement with the Planning and Zoning Commissions unanimous recommendation to approve the modifications to the Zoning Ordinance and set the Public Hearing for February 11, 2014. MOTION WAS MADE BY MAYOR PRO TEM WOOLARD TO RECEIVE THE RECOMMENDATION FROM THE PLANNING AND ZONING COMMISSION AND SET THE PUBLIC HEARING FOR FEBRUARY 11, 2014. COUNCIL MEMBER CISNEROS SECONDED THE MOTION. 12. COMMENTS FROM COUNCIL/LEGAL COUNSEL/STAFF No discussion or action may take place. Ms. Pam Bransford, Public Relations Coordinator distributed to City Council the City s Annual Report for last fiscal year. Mr. Larry Woods, Convention and Visitors Bureau Director presented a video made for the Living Church of God who will be in Boerne October 8 thru October 16, 2014. The video was made to be used for other potential conferences. 13. EXECUTIVE SESSION IN ACCORDANCE WITH THE TEXAS GOVERNMENT CODE: A. Section 551.071 Consultation with Attorney: Pending Litigation; LCRA v. City of Boerne B. Section 551.087 Deliberation Regarding Economic Development Negotiations: Consideration of Offer of Financial Incentives To A Commercial Entity Considering Development and/or Expansion Within The City Limits. Mayor Schultz convened the City Council into Executive Session at 6:41 p.m. and asked those requested to participate to adjourn to the Executive Conference room. No action was taken. 14. RECONVENE INTO OPEN SESSION AND TAKE ANY NECESSARY ACTION RELATING TO THE EXECUTIVE SESSION AS DESCRIBED ABOVE: A. CONSIDER RESOLUTION NO. 2014-R04; A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AND MANAGE A CONTRACTUAL AGREEMENT FOR FINANCIAL INCENTIVES WITH. Mayor Schultz reconvened the City Council into Open Session at 7:21 p.m. MOTION WAS MADE BY COUNCIL MEMBER HABERSTROH TO APPROVE RESOLUTION NO. 2014- R04; A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AND MANAGE A CONTRACTUAL AGREEMENT FOR FINANCIAL INCENTIVES WITH NISSAN OF BOERNE, VERSION 2 EXHIBIT A WITH PERMIT FEES AT $23,200. COUNCIL MEMBER BERGMANN SECONDED THE MOTION. COUNCIL VOTED 5-0.
243 ADJOURNMENT MOTION WAS MADE BY COUNCIL MEMBER CISNEROS TO ADJOURN THE CITY COUNCIL MEETING AT 7:22 P.M. COUNCIL MEMBER BERGMANN SECONDED THE MOTION. COUNCIL VOTED 5-0. APPROVED: ATTEST: Mayor City Secretary