By Jonathan Nolte
Staff Writer

Boerne City Council approved the Esperanza development agreement on Feb. 12, by a 3-2 vote, but in the view of at least one council member, questions remain.

Voting for the agreement were council members Judy Edmondson, Ron Warden and Jacques DuBose. Voting against were Bob Manning and Rob Ziegler.

Some speakers asked the council for more time to study the agreement. One of them, Anne Lambert, had questions about how Esperanza would be governed.

“The FAQ on the (city’s) Web site hardly constitutes a dialogue” in an era of Enron and mortgage fraud, Lambert told the council, asking that council members schedule a town hall meeting so the issue could be further discussed.

But Matt Diana said there’s been enough study and urged the council to OK the plan.

“Don’t second-guess the advice of experts. Listen to the staff and experts. You must vote ‘yes’,” Diana said.

During the citizens’ comment portion of the meeting, council members heard from 33 speakers, who were equally divided for and against the agreement. The council then posed several questions to city staff regarding specific points in the agreement before casting a series of votes that moves the proceed forward.

Each council member was given a final opportunity to ask city staff and attorneys questions about the agreement before voting. Councilman Rob Ziegler grilled attorneys on eastward annexation along Texas 46, the specific identities of MA Boerne Partners LP, and wording in the agreement that waives the city’s right to immunity. He said he intended the questions to uncover apparent loopholes in the agreement. Attorneys and staff fielded various questions but Ziegler said he was not satisfied with most of the answers.

Before the final vote, each council member made comments about the agreement to explain his or her decision.

The city now will enter into an agreement with Marlin Atlantis to develop 1,243 rural acres on Texas 46 into Esperanza.

On Feb. 6, city attorneys presented options available to the city and the consequences of either up-front annexation or adopting the development agreement, which would delay annexation until completion of the Esperanza development.