Boerne Star & Recorder (Boerne, Tex.), Vol. 101, No. 52, Ed. 1 Friday, June 29, 2007 Page: 1 of 34
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Boerne STAR & Recorder
Serving Boerne, Fair Oaks Ranch, Comfort and all of Kendall County since 1906.
www.boernestar.com
Friday, June 29, 2007
34 pages • 75
NOTICES
ABENDKONZERT
TUESDAY
The Boerne Village Band’s
next free Abendkonzert will
be Tuesday, July 3, from
the Main Plaza Gazebo in
Boerne at starting at 7 p.m.
To celebrate the Fourth of
July, the band will play
many patriotic tunes and
military marches in honor
of Independence Day.
Folding chairs, blankets,
ice chests are recommend-
ed to enjoy the evening of
music in the outdoors.
Drinks and the bands
tapes and CDs will be avail-
able for purchase. Dona-
tions are always welcome.
Two more concerts re-
main on this year’s sched-
ule - July 17 and 31,
HAPPY..
Rain, Rain, Rain & More Rain
Persistent low pressure system expected to keep rain falling over much of Kendall County
Heavy rains fell on Boerne and
Kendall County Thursday, forc-
ing several roads to be closed by
City of Boerne and Kendall
County officials to prevent mo-
torists from being swept away X
by rushing water.
The forecast from the National
Weather Service at press time on
Thursday called for continued a
rain and thunderstorms through- h
out the south central Texas and
Hill Country areas through the
weekend due to a tropical air
mass located over the region.
A flash flood watch will be in
effect in Kendall County until 6
p.m. on Friday as rains continue
over already-saturated ground
that could result in quick runoff
and flash flooding.
Current forecasts are available
at www.boernestar.com.
... Birthday
July 1
Dorothy Smith
Gene Morton
Winnie Orton
July 2
Mildred Brown
DEATHS
Alien Franklin
‘Mac’ McGuffin
Samuel Paul
Lancaster
Patsy Ann Spriggs
Allan Earl Welch
Full obituaries, Page 2A.
www.boernestar.com
CORRECT
A story June 22 about the
Bergheim Volunteer Fire
Department’s new fire sta-
tion under construction, in-
correctly stated the location
of the new facility. It is
being built on Highway 46
and Old Currey Creek Road,
one half mile west of
Bergheim.
INDEX
Business
9A-10A
Confessions of a Bookaholic 18A
County Lines
Crossword
From the Heart
Games
Gardening
Home Cookin’
Letters from N. America
Mary Alice’s Potpourri
Native Plants
Religion
Sports
Viewpoints
14A
4B
12A
4B
1B
13A
14A
19A
1B
7A
2B-3B
4A
Classifieds
Section C
Volume 101 • Number 52
Left: A mesh barricade keeps drivers
clear of flood water flowing down the
“unnamed tributary” that runs between
City Hall and the U.S. Post Office. The
pull-out barriers were installed almost
two years ago, but last year’s drought
kept them unused.
City moves forward with
Esperanza negotiations
• BY DAVE Pasley_____________________
" Staff Writer
The Boerne City Council is gearing up to
begin negotiations this summer with the devel-
oper of the controversial Esperanza project.
Dallas-based developer Marlin Atlantis has
proposed creating a mixed-use development
north of State Highway 46 on the eastern edge
of the city that could, within 10 years, have a
population nearly as large as the existing city
of Boerne.
Tuesday night the Council unanimously ap-
proved Mayor Dan Heckler’s appointment of
Council members Rob Ziegler and Judy Ed-
mondson to serve on the city’s team that will
negotiate the fine details of a development
agreement. The Council was also unanimous in
selecting the engineering firm HDR to assist
the negotiating team.
However, in a 4-1 vote, a recommendation
from City Attorney Mick McKamie to appoint
the San Antonio law firm of Davidson & Troi-
lo to assist the City in the negotiations was
tabled.
Councilman Bob Manning, who made the
motion to table the item, said he wanted more
time to study the City’s options for legal coun-
sel.
“(Legal counsel) is the most critical part of
the team and I just want to make sure we have
the best advisors possible,” Manning said.
Ziegler, who supported the motion to table
the appointment, said he was confident David-
son & Troilo had sufficient expertise with
water districts to support the City’s efforts, but
said he also wanted to be sure that the legal ad-
visors selected have expertise in a wider range
of development issues.
“We know there are other people we can talk
to,” Ziegler said. “This came to us in our pack-
ets Friday night and I think this Council just
wants to have a little more time.”
In his presentation, McKamie said that an ac-
tion Tuesday night was not imperative and that
consideration of the item could be delayed to
the next Council meeting, on July 3, without
consequence.
After Manning’s motion to table, seconded by
Ziegler, Councilman Ron Warden asked the
reason for delaying action.
“I don’t see the benefit of tabling,” Warden
said.
Heckler indicated the floor was open to dis-
cuss the matter. But Manning raised a proce-
dural point, contending that discussion on a
motion to table an item on the agenda was not
allowed. City Manager Ron Bowman agreed
with Manning, and the 4-1 vote was taken
without further discussion and with Warden
voting no.
The next day, in response to an inquiry from
the Star, Senior Assistant to the City Manager
and City Secretary Linda Zartler, who was ill
and did not attend the meeting, said the motion
to table could have been discussed Tuesday
night. Zartler, who normally advises the Coun-
cil on matters of parliamentary procedure, said
it is motions to bring previously tabled items
off the table that cannot be discussed.
McKamie said two primary reasons for his
recommendation of Davidson & Troilo were
the availability of the firm’s key members over
the next few months and the fact that they of-
fice nearby in San Antonio.
The two Davidson & Troilo attorneys who
would work closely with the City, if the firm is
selected, are Frank Garza and Patrick Lindner.
Lindner would be the lead negotiator for the
City.
Garza is a former San Antonio city attorney
and currently serves as legal counsel for the
special improvement district that is overseeing
development of the controversial PGA Village
See CITY, page 3A
Above: Boerne’s River Road park
ducks and geese had plenty to cackle
about as their recently depleted Cibolo
River was filled bank-high by
Thursday’s storm’s that dropped
several inches in the area.
Star photos by Brian Cartwright
County sets date for jury
to hear county road claims
City county work together
on thoroughfare planning
• BY DAVE Pasley
Staff Writer
Another tentative date has
been set for a public hearing to
be held by the Kendall County
Jury of View.
Assistant County Attorney
Bob Eason said he felt July 6 at
9 a.m. in the Commissioners
Courtroom in the Historic
Courthouse was a “strong ten-
tative” date for the meeting to
be held.
The Jury of View is a quasi-
judicial committee appointed
by Commissioners Court, in
accordance with State laws, to
resolve disputes between the
County and landowners over
the ownership of roads.
The five-member Jury of
View was appointed by the
Court in May, part of a process
mandated by State law to up-
date County road maps and to
resolve disputes about whether
or not certain roads belong to
the County or to private
landowners.
The most contentious dispute
the Jury of View will consider
appears to be over a portion of
Upper Cibolo Road west of
Jamison Road. The County
contends it has been maintain-
ing that section of road and that
it should continue to be a
County road.
Although it is unrelated to the
Jury of View, there has been a
great deal of interest in the
‘It is a very
detailed plan
and we need
time to
study it.’
- Kendall County Judge
Gaylan Schroeder
speaking about the TPCC plan
community about the County’s
plans to review and possibly
act on the elaborate and contro-
versial thoroughfare plan pre-
sented to Commissioners Court
last month by the Thoroughfare
Planning Citizens Committee
(TPCC).
County Judge Gaylan
Schroeder said it would be at
least 60 days before the Court
takes up any formal considera-
tion of the TPCC plan or con-
ducts any public hearings.
“It is a very detailed plan and
we need time to study it,”
Schroeder said.
The TPCC formally presented
its 107-page report to the Court
on May 29. It is available in its
entirety at www.co
See COUNTY, page 2A
The Boerne Star • Boerne, Texas 78006 • 941 N. School Street • 830-249-2441 or 830-816-2532 • www.boernestar.com
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Cartwright, Brian. Boerne Star & Recorder (Boerne, Tex.), Vol. 101, No. 52, Ed. 1 Friday, June 29, 2007, newspaper, June 29, 2007; Boerne, Texas. (https://texashistory.unt.edu/ark:/67531/metapth1663479/m1/1/: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting Patrick Heath Public Library.