City Council Meeting Agendas & Information

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, August 8, 2023 Meeting Duration: 06:30 PM to 08:51 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 Mark Morkovsky, Place 1 Council Member Yvonne Chapman, Place 2 Council Member Charles Hughes, Place 3 Mayor Pro Tem Clint Hays Place 4 Council Member David Bullock, Place 5 Council Member Mechelle Salmon, Place 6 Members of City Council Absent: 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. Proclamation for Hunger Action Month Mayor Bill Krawietz presented the Proclamation to Provisions Outreach. 2.B. Police Department: Monthly Report Report given by Police Chief Gary Haecker. 2.C. Public Works Update Report given by City Manager Charles West. 2.D. Planning Department Update Report given by Planning Director Suzanne Williams. 2.E. Parks & Recreation Update No update given. 2.F. Economic Development Foundation  No update given. 2.G. City Manager Update Report given by City Manager Charles West. CONSENT AGENDA ITEMS 3.A. Consider approval of the City Council Meeting Minutes from July 11, 2023. 3.B. Consider approval of the City Council Meeting Minutes from July 14, 2023. Motion: Mayor Krawietz made a motion seconded by Council Member, Place 3 Hughes to Approve the City Council Meeting Minutes from July 11, 2023 and July 14, 2023. Motion carried (7) ayes to (0) nays. REGULAR AGENDA ITEMS 4.A. Hold a public hearing and consider a request by John and Andra Lang for the approval of a Special Use Permit to allow a Guest House as an accessory use on Lot 492, Oak Village North, Unit 3 Subdivision, located at 5043 Hawk Eye Drive. Mayor Bill Krawietz opened the public hearing at 6:54 PM. No public spoke. Mayor Bill Krawietz closed the public hearing at 6:54 PM. Motion: Council Member, Place 3 Hughes made a motion seconded by Council Member, Place 4 Hays to Approve. Motion carried (7) ayes to (0) nays. Ord #736 4.B. Hold a public hearing and consider 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. Mayor Bill Krawietz opened the public hearing at 7:05 PM. No public spoke. Mayor Bill Krawietz closed the public hearing at 7:05 PM. Motion: Council Member, Place 5 Bullock made a motion seconded by Council Member, Place 6 Salmon to Approve. Motion carried (7) ayes to (0) nays. Ord #737 4.C. Hold a public hearing and consider amending the zoning for property located at 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 from R-1 residential to C-1 commercial. ZC-23- 02 (Zone Change) Mayor Bill Krawietz opened the public hearing at 7:06 PM. No public spoke. Mayor Bill Krawietz closed the public hearing at 7:06 PM. Motion: Mayor Krawietz made a motion seconded by Council Member, Place 4 Hays to Approve. Motion carried (7) ayes to (0) nays. Ord #738 4.D. Discussion and possible approval of an Ordinance of the City Council of the City of Bulverde, Texas granting a Special Event Permit for Musik in the Park for the use of the Bulverde Community Park on September 16, October 7, and October 28, 2023, and a waiver or modification to Chapter 15, Parks and Recreation, Sections 15.03.001, 15.02.008, 15.03.002, and 15.03.009(17), Code of Ordinances of the City of Bulverde Texas to waive personal liability; allow the use of vehicles to access the gazebo; waive established fees; and operate or use noise producing devices. Motion: Council Member, Place 5 Bullock made a motion seconded by Council Member, Place 1 Morkovsky to Approve. Motion carried (7) ayes to (0) nays. Ord #739 4.E. Discuss and consider approval of an Interlocal Agreement For The Provision of Law Enforcement Services between Comal ISD and the City of Bulverde. Motion: Mayor Krawietz made a motion seconded by Council Member, Place 2 Chapman to Approve. Motion carried (7) ayes to (0) nays. 4.F. Consider amending plat submittal requirements in Section 1.04, Exhibit A, Chapter 10, Code of Ordinances of the City of Bulverde, Texas to comply with House Bill 3699. Motion: Council Member, Place 5 Bullock made a motion seconded by Council Member, Place 4 Hays to Approve. Motion carried (7) ayes to (0) nays. Ord #740 4.G. Consider amending Section 1.04(h)(iii), Exhibit A, Chapter 10, Code of Ordinances of the City of Bulverde, Texas to only require notice for residential replats with variances.  No action taken. 4.H. Receive the 2023 tax rates and schedule public hearing and adoption dates for the budget and tax rates for FY 2023-2024. The City Council decided unanimously to adopt the de minimus rate for the 2023 tax rate, and to hold the public hearing and adoption at the September 12, 2023 City Council Meeting. 4.I. Discussion and possible action on the budget workshop and the use of the Coronavirus Local Fiscal Recovery Funds. No action taken. PUBLIC COMMENTS NOT RELATED TO POSTED AGENDA ITEMS REPORTS BY ELECTED OFFICIALS AND CITY STAFF ON ITEMS OF COMMUNITY INTEREST EXECUTIVE SESSION At 7:33 P.M. the City Council convened into Executive Session to discuss the following: 7.A. 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. 7.B. 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 wastewater treatment plant planned for Diamante Ranch. 7.C. 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 6950 Circle Oak Drive, Bulverde, Texas 78163. 7.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 Johnson Ranch MUD and proposed development  within Johnson Ranch. 7.E. 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 illegal subdivision of property abutting Stahl Lane by Lennar Custom Homes and Catenary VIS LLC. 7.F. 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 Parks & Recreation Advisory Board. 7.G. Pursuant To Government Code 551.074, The City Council Will Deliberate In Executive Session Regarding Personnel Matters Pertaining To Performance and Review of the City Manager. At 8:30 PM, Council Member Place 5 Bullock excused himself from the meeting. At 9:02 P.M. the City Council reconvened from Executive Session and took the following action on items discussed in Executive Session: The following Board Members were appointed to the Parks & Recreation Advisory Board: Laura Konet and Katie Sotelo. Motion: Mayor Krawietz made a motion seconded by Council Member, Place 4 Hays to Approve. Motion carried (6) ayes to (0) nays. Council Member, Place 5 Bullock was not present for the vote. ADJOURNMENT 9:03 P.M. There being no further business to come before the City Council, the meeting was adjourned. ________________________ Charles West City Manager / City Secretary