City Council Meeting Agendas & Information

City Council Meeting Agenda July 14, 2023 12:00 PM 30360 Cougar Bend, Bulverde TX 78163 1. CALL THE MEETING TO ORDER 2. REGULAR AGENDA ITEMS 2.A. Consider approving an engagement letter from Denton Navarro Rocha Bernal & Zech P.C., for Special Counsel Legal Services to the City of Bulverde. 2.B. Consider approval of the City Council Meeting Minutes from June 13, 2023. 3. EXECUTIVE SESSION The City Council reserves the right to adjourn into executive session at any time regarding any item on the agenda for any reason authorized by Chapter 551, Texas Government Code, including but not limited to the following sections: 551.071 – Consultation with attorney, 551.072 – Deliberation regarding real property, 551.073-Deliberation regarding prospective gift, 551.074 Personnel matters, 551.076 – Deliberation regarding security devices. 4. ADJOURNMENT ________________________ Charles West City Manager City Hall is wheelchair accessible and accessible parking spaces are available. Requests for accommodation must be made 48 hours prior to the meeting. Please contact the City Secretary at 830.438.3612 or FAX 830.438.4339 for information or assistance. Page 1 of 13  A quorum of the City Council, Planning & Zoning Commission, Parks & Recreation Advisory Board, and/or Zoning Board of Adjustment may be present at this meeting in order to discuss agenda items related to board business. I, the undersigned authority, do hereby certify that the above Notice of Meeting of the City Council of the City of Bulverde was posted on the bulletin board in front of Bulverde City Hall, which is readily accessible to the public at all times, and on the City's website, www.bulverdetx.gov, by 6:00 pm on July 11, 2023. The City Council reserves the right to adjourn into Executive session at any time regarding any issue for which it is legally permissible. The City Council will announce it will go into Executive Session, if necessary, pursuant to Chapter 551 of the Texas Government Code, to receive advice from Legal Counsel, to discuss matters of land acquisition, litigation, Economic Development negotiations, or personnel matters as listed on this agenda. The City Council may also announce it will go into Executive Session, if necessary, to receive advice from Legal Counsel regarding any other items on this agenda. Page 2 of 13  CITY COUNCIL ITEM: 2023-259 MEETING DATE: July 14, 2023 DEPARTMENT: Administration PRESENTED BY: BACKGROUND: FINANCIAL IMPACT: RECOMMENDATION: ATTACHMENTS: 1. 2023 0707 Bulverde Eng Ltr Page 3 of 13 Page 4 of 13 Page 5 of 13 Page 6 of 13  CITY COUNCIL ITEM: 2023-260 MEETING DATE: July 14, 2023 DEPARTMENT: Administration PRESENTED BY: BACKGROUND: FINANCIAL IMPACT: RECOMMENDATION: ATTACHMENTS: 1. CC June 13, 2023 Minutes Page 7 of 13 These minutes have been prepared to satisfy the requirements of Section 551.021 of the Texas Government Code. Audio recordings of most City meetings can be obtained at www.bulverdetx.gov. City of Bulverde, Texas City Council Meeting Tuesday, June 13, 2023 Meeting Duration: 06:30 PM to 09:40 PM CALL THE MEETING TO ORDER Mayor Bill Krawietz called the meeting to order at 6:30 PM. Members of City Council Present: Mayor Bill Krawietz Council Member, Place 1 Mark Morkovsky Council Member, Place 2 Yvonne Chapman Council Member, Place 3 Chuck Hughes Council Member, Place 5 Dave Bullock Council Member, Place 6 Mechelle Salmon Members of City Council Absent: Council Member, Place 4 Clint Hays City Staff Present: City Manager Charles West, City Attorney Jason M. Rammel, Chief of Police Gary Haecker, Executive Assistant Ashley Gohlke REPORTS AND PRESENTATIONS 2.A. Police Department: Monthly Report Monthly Report presented by Chief Gary Haecker 2.B. Finance Department: Monthly Report Monthly Report presented by City Manager Charles West 2.C. Public Works Update Monthly Report presented by Public Works Director Tim Parker 2.D. Planning And Zoning Commission Update No Update 2.E. Parks & Recreation Update Monthly Report presented by Parks and Recreation Advisory Board Member Tony Doyle 2.F. Economic Development Foundation Page 8 of 13  Monthly Report presented by Economic Development Foundation Executive Committee Member Paula Stakes REGULAR AGENDA ITEMS 3.A. Canvass the returns of the municipal election held on May 6, 2023. Motion: Council Member, Place 6 Salmon made a motion seconded by Mayor Krawietz to Approve. Motion carried (6) ayes to (0) nays. 3.B. Administer the Oath of Office to the City Council Members, Places 3 and 4, of the Home Rule City of Bulverde, Texas. City Manager Charles West administered the Oath of Office for City Council Member Place 3, Charles Hughes. 3.C. Consider an ordinance approving a variance to Section 17.05.003, Code of Ordinances of the City of Bulverde, Texas, pertaining to total impervious cover developed on a property in the Edwards Aquifer Recharge Zone on 10.644 acres at 2376 Bulverde Road, Bulverde, Texas 78163. Motion: Council Member, Place 6 Salmon made a motion seconded by Council Member, Place 5 Bullock to Approve. Motion carried (4) ayes to (1) nays. Ordinance #730 3.D. Consider Possible Approval Of Task Order For Freese & Nichols To Review And Update As Needed The City Of Bulverde Comprehensive Master Plan And Development Ordinances. The Council unanimously decided to table this item. 3.E. Consider A Revision To The City Of Bulverde Master Transportation Plan Related To The Location Of Proposed NS-3, Being A Proposed North-South Road Connecting To The North Line Of State Highway 46 Between Old Boerne Road And Bulverde Road. Motion: Mayor Krawietz made a motion seconded by Council Member, Place 2 Chapman to Approve. Motion carried (6) ayes to (0) nays. 3.F. Consider An Ordinance Of The City Council Of The City Of Bulverde, Texas, Amending Chapter 14, Zoning, The City Of Bulverde Code Of Ordinances By Amending The Use Table In Section 14.04.002 To Add Uses Allowed By Special Use Permit; Repealing Conflicting Ordinances; Providing A Severability Clause; And Providing An Effective Date. The Council unanimously decided to table this issue. 3.G. Consider approving a donation made to the Bulverde Community Park for a memorial bench and tree, installation by Marie McGovern. Page 9 of 13  Motion: Mayor Krawietz made a motion seconded by Council Member, Place 1 Morkovsky to Approve. Motion carried (6) ayes to (0) nays. 3.H. Consider An Ordinance Of The City Of Bulverde, Texas Amending Land Use Designations On The Future Land Use Plan For Approximately 5.27 Acres Located On The South Side Of State Highway 46 Approximately 0.35 Miles East Of The Intersection Of Bulverde Road And State Highway 46 Changing From Estate Residential To Community Commercial; Incorporating Land Use Plan As So Revised In To The City Of Bulverde Comprehensive Plan; Repealing Conflicting Ordinances; Providing A Severability Clause; And Providing An Effective Date. The Council unanimously decided to table this issue. 3.I. ZC-23-02 (Zone Change): Hold a public hearing and consider a request by Randy Morrow for a change in zoning from R-1 Residential District to C-1 Commercial District, for approximately 5.27 acres of land located on the south side of State Highway 46 approximately 0.35 miles from the intersection of Bulverde Road and State Highway 46. The Council unanimously decided to table this issue. 3.J. SUP-21-05 (Special Use Permit): Consider an ordinance of the City of Bulverde, Texas amending Ordinance #665, Special Use Permit for the property located at 2541 Bulverde Road, Bulverde, Texas 78163 to amend the number of days per month for operation of an Outdoor Vendors Market. Motion: Mayor Krawietz made a motion seconded by Council Member, Place 2 Chapman to Approve. Motion carried (6) ayes to (0) nays. 3.K. VR-23-09 (Variance): Consider a request by ABMF, LLC for a variance to Chapter 10, Subdivision Ordinance, Section 2.03(c)(ii) related to General Design, of the City of Bulverde Code of Ordinances, on an approximately 0.744-acre tract of land, generally located at 936 Park Road 31. Motion: Mayor Krawietz made a motion seconded by Council Member, Place 1 Morkovsky to Approve. Motion carried (6) ayes to (0) nays. 3.L. VR-23-10 (Variance): Consider a request by ABMF, LLC for a variance to Chapter 10, Subdivision Ordinance, Section 2.03(c)(iii) related to General Design, of the City of Bulverde Code of Ordinances, on an approximately 0.744-acre tract of land, generally located at 936 Park Road 31. Motion: Council Member, Place 6 Salmon made a motion seconded by Council Member, Place 1 Morkovsky to Approve. Motion carried (6) ayes to (0) nays. 3.M. VR-23-11 (Variance): Consider a request by ABMF, LLC for a variance to Chapter 10, Subdivision Ordinance, Section 2.06(a)(i)(3) related to Water, of the City of Bulverde Code of Ordinances, on an approximately 0.744-acre Page 10 of 13  tract of land, generally located at 936 Park Road 31. Motion: Council Member, Place 1 Morkovsky made a motion seconded by Mayor Krawietz to Approve. Motion carried (6) ayes to (0) nays. 3.N. VR-23-12 (Variance): Consider a request by ABMF, LLC for a variance to Chapter 10, Subdivision Ordinance, Section 2.07(c)(i) related to Sewer, of the City of Bulverde Code of Ordinances, on an approximately 0.744-acre tract of land, generally located at 936 Park Road 31 Motion: Mayor Krawietz made a motion seconded by Council Member, Place 2 Chapman to Approve. Motion carried (6) ayes to (0) nays. 3.O. PC-23-03 (Final): Consider Final Plat of Lot 1, Park Road 31, located at 936 Park Road 31, Spring Branch, Texas 78070. Motion: Council Member, Place 6 Salmon made a motion seconded by Council Member, Place 1 Morkovsky to Approve. Motion carried (6) ayes to (0) nays. 3.P. PSUP-23-02: Discussion and consider approval of a request by Mechelle Salmon, on behalf of the H.I.S. Centre, for two Parks Special Use Permits to host a Freedom Run on July 4, 2023, and a Turkey Trot on November 23, 2023, both at the City of Bulverde Community Park. Motion: Mayor Krawietz made a motion seconded by Council Member, Place 5 Bullock to Approve. Motion carried (5) ayes to (0) nays. 3.Q. Discuss and consider a resolution of the City of Bulverde, Texas adopting an Investment Policy. Motion: Council Member, Place 5 Bullock made a motion seconded by Council Member, Place 3 Hughes to Approve. Motion carried (6) ayes to (0) nays. 3.R. Discussion And Possible Action On Direction From The Mayor And City Council On The Use Of The Coronavirus Local Fiscal Recovery Funds. No action taken. 3.S. Consider approval of the City Council Meeting Minutes for May 9, 2023. Motion: Mayor Krawietz made a motion seconded by Council Member, Place 5 Bullock to Approve. Motion carried (6) ayes to (0) nays. PUBLIC COMMENTS NOT RELATED TO POSTED AGENDA ITEMS REPORTS BY ELECTED OFFICIALS AND CITY STAFF ON ITEMS OF COMMUNITY INTEREST EXECUTIVE SESSION Page 11 of 13 At 8:34 P.M. the City Council convened into Executive Session to discuss the following: 6.A. Pursuant To Government Code 551.074, The City Council Will Deliberate In Executive Session Regarding Personnel Matters Pertaining To Annual Review Of The City Manager. 6.B. Pursuant to Texas Government Code 551.071, The City Council Shall Convene In A Closed Session to Deliberate The Appointment Or Removal Of Members Of The Planning And Zoning Commission, The Zoning Board of Adjustment, And The Parks & Recreation Advisory Board. 6.C. Pursuant to Texas Government Code § 551.071(1), the City Council shall convene in a closed session to seek advice from the City’s attorney regarding pending litigation styled City of Bulverde, Texas v. Pesado Construction Company and Pape-Dawson Consulting Engineers, LLC, Cause No. C2023-1008E, 466th District Court, Comal County, Texas. 6.D. Pursuant to Texas Government Code § 551.071(2), the City Council shall convene in a closed session to conduct a private consultation with the City’s attorney on a matter in which the attorney has a duty of confidentiality, namely code enforcement at 7022 Circle Oak Drive. RECONVENE INTO REGULAR SESSION AND TAKE POSSIBLE ACTION ON EXECUTIVE SESSION ITEMS At 9:38 P.M. the City Council reconvened from Executive Session and took the following action on items discussed in Executive Session. The City Council reviewed City Manager Charles West's annual performance and unanimously decided upon a ten percent (10%) pay raise. The City Council unanimously decided to reappoint the following board members to the Planning and Zoning Commission whose terms were expiring: Ted Hawkins and Linden Sisk. The City Council unanimously decided to remove the following board members on the Planning and Zoning Commission whose terms were expiring: Seth Prescott. The City Council unanimously decided to move the following board members on the Planning and Zoning Commission from an alternate to a full-time position: Jeffrey Burrier. Page 12 of 13 Motion: Council Member, Place 5 Bullock made a motion seconded by Mayor Krawietz to Approve. Motion carried (6) ayes to (0) nays. ADJOURNMENT 9:40 P.M. There being no further business to come before the City Council, the meeting was adjourned. ________________________ Charles West City Manager / City Secretary Page 13 of 13