City Council Meeting Agendas & Information

City Council Meeting Agenda October 10, 2023 6:30 PM 30360 Cougar Bend, Bulverde Texas 78163 1. CALL THE MEETING TO ORDER 2. REPORTS AND PRESENTATIONS 2.A. Recognition of Court Clerk Peggy Ramirez for five years of service to the City of Bulverde. 2.B. Proclamation for Domestic Violence Awareness Month. 2.C. Proclamation for Hill Country Night Sky Month. 2.D. Police Department: Monthly Report 2.E. Public Works Update 2.F. Planning Department Update 2.G. Parks & Recreation Update 2.H. Economic Development Foundation 2.I. City Manager Update 3. CONSENT AGENDA ITEMS 3.A. Consider approval of the City Council Meeting Minutes from September 12, 2023. 3.B. Consider approval of the City Council Meeting Minutes from September 21, 2023. 4. REGULAR AGENDA ITEMS 4.A. Consider an ordinance granting a variance to Chapter 10, Subdivision Ordinance, Code of Ordinances of the City of Bulverde, Texas, related to the Tree Survey Requirement for Tree Preservation for a 193.22-acre tract of land located at 200 Mitchell Road, Spring Branch, Texas. 5. PUBLIC COMMENTS NOT RELATED TO POSTED AGENDA ITEMS Persons who desire to address the City Council with regard to issues not included on the agenda will be received at this time. Those wishing to speak should complete a comment form and present it to the City Secretary prior to the meeting. Speakers are limited to 3 minutes and should conduct themselves in a Page 1 of 40  civil manner. In accordance with the Texas Open Meetings Act, the City Council cannot take action on items not listed on the meeting agenda. 6. REPORTS BY ELECTED OFFICIALS AND CITY STAFF ON ITEMS OF COMMUNITY INTEREST In accordance with Section 551.0415 of the Government Code, topics discussed under this item are limited to expressions of thanks, congratulations or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee or other citizen; a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial or community event; and Announcements involving an imminent threat to the public health and safety of people in the political subdivision that has arisen after the posting of the agenda. 7. 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. 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: i. Wastewater treatment plant planned for Diamante Ranch. ii. Johnson Ranch MUD and proposed development within Johnson Ranch. iii. Amendment of Master Development Plan for Johnson Ranch development agreement submitted by DH Investments. iv. Subdivision of property abutting Stahl Lane by Lennar Custom Homes and Catenary VIS LLC. v. For removal from the City’s extraterritorial jurisdiction regarding the following properties: 1275 Stoney Ridge Road; 490 E. Ammann Road;1010 Rainbow Drive; 1450 Bulverde Road; 5727 FM 1863; 204 Rodeo Drive; 17080 State Highway 46; 17130 State Highway 46; 17102 State Highway 46; 101 Mitchell Drive; and 105 Mitchell Drive. vi. Amendment to Development Agreement with Henry and Janet Wagner pertaining to approximately 52.886 acres located generally at 31210 Stahl Lane, Bulverde, Texas. vii. An encroachment on public right of way on Bulverde Road by Gloria Deo Academy, 1110 Bulverde Road. Page 2 of 40  7.C. Pursuant To Government Code 551.074, The City Council Will Deliberate In Executive Session Regarding Personnel Matters Pertaining To Performance, Evaluation, Review and Goals of the City Manager. 8. ACTION ITEMS FROM EXECUTIVE SESSION 8.A. Consider an Encroachment Agreement with Gloria Deo Academy for encroachment on public right of way on Bulverde Road at 1110 Bulverde Road. 9. ADJOURNMENT ________________________ Sandra V. Ham City Secretary 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. 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 October 4, 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 3 of 40  Proclamation WHEREAS, the first Domestic Violence Month was observed in October 1987, the same year that saw the initiation of the first national domestic violence toll-free hotline; and WHEREAS, in 1989 Congress designated October as National Domestic Violence Awareness Month; and WHEREAS, in just one day across the United States and its territories, nearly 75,000 victims of domestic violence sought services from domestic violence programs and shelters, but more than 9,000 requests for services - including emergency shelter, housing, transportation, childcare, and legal representation - could not be provided because programs lacked the resources to meet victims' needs; and WHEREAS, the impact of domestic violence is wide-ranging, directly affecting individuals and society as a whole, throughout Comal County, the United States, and the world; and WHEREAS, domestic violence crosses all ethnic, racial, sexual preference, economic, age, educational, and religious lines; and WHEREAS, safe houses continue to be rated as survivors' most urgent need; and WHEREAS, domestic violence affects millions of people each year, but it can be prevented, requiring the collective voice and power of individuals, families, institutions, and systems - each whose ''No. 1 thing" adds a valuable and powerful component to transforming our communities; and WHEREAS, the Crisis Center of Comal County, along with other prevention-related programs in this county, has been an invaluable ally in the fight against domestic violence, providing crucial support, resources, and services to survivors within our community; and WHEREAS, Comal County is dedicated to remembering the survivors of domestic violence, NOW, THEREFORE I ,Bill Krawietz, Mayor of the City of Bulverde, on behalf of the City Council, do hereby proclaim October 2023 as Domestic Violence Awareness Month We acknowledge and commend the tireless efforts of the Crisis Center of Comal County and other related programs in this county, along with organizations dedicated to combating domestic violence. We urge all residents to join us in raising awareness, providing support, and fostering a safer environment for all those affected by domestic violence. Together, let us strive to build a community that is free from violence and dedicated to supporting survivors on their journey to healing and empowerment. PROCLAIMED this 10th day of October, 2023. In Witness Whereof, I have hereunto set my hand and have caused the Official Seal of the City of Bulverde to be affixed this 10TH day of October, 2023. __________________________________ Bill Krawietz, Mayor Page 4 of 40  Proclamation Recognizing October 2023 as “Hill Country Night Sky Month” in Bulverde, Texas WHEREAS, the aesthetic beauty and wonder of star-filled skies are the heritage of all humankind and locally to the inhabitants of the City of Bulverde and are therefore worthy of celebration; and WHEREAS, the experience of standing beneath a star-filled night sky inspires feelings of wonder and awe, and may encourage interest in science and nature especially among young people, and the opportunity to view star- filled skies attracts tourists to our region and therefore provides economic benefit to the City of Bulverde; and WHEREAS, preserving the rich historic heritage and starry night skies of Bulverde is important to its residents; and WHEREAS, “light pollution,” which is wasted light that performs no function or task and artificial light that goes where it is not supposed to go, is created by glare, light trespass, sky glow, and overlighting; and WHEREAS, light pollution wastes natural resources amounting to at least $2 billion per year and contributes to diminished American energy independence; and WHEREAS, the historical view of the night skies has been eroding in many nearby areas and generations are growing up with limited, if any, view of the wonders of the universe; and WHEREAS, the influx of people into the Texas Hill Country region and the accompanying light pollution from area lighting fixtures has been steadily on the rise; and WHEREAS, solving the problem of light pollution involves making better use of outdoor lighting to direct light down to where it is needed instead of upward into the sky, putting outdoor lights on timers and using outdoor lighting only where necessary; and WHEREAS, Hill Country communities are increasingly dedicated to the preservation of the region’s night skies, as evidenced by the frequent educational activities conducted in our region, and this regional effort and the preservation and celebration of our night skies is worthy of a month-long celebration. NOW, THEREFORE I, Bill Krawietz, Mayor of the City of Bulverde, on behalf of the City Council, do hereby proclaim the month of October 2023 as “Hill Country Night Sky Month” in the City of Bulverde, and urge citizens to participate in the Bulverde, Comal County, and Hill Country regional events and programs celebrating the night sky and promoting the ways in which communities are working to preserve it. PROCLAIMED this 10th day of October, 2023. In Witness Whereof, I have hereunto set my hand and have caused the Official Seal of the City of Bulverde to be affixed this 10th day of October, 2023. _____________________________ Bill Krawietz, Mayor Page 5 of 40  City of Bulverde Police Department September 2023 Monthly Report Date: October 4th, 2023 To: City Manager, Mayor and City Council Submitted by: Gary Haecker, Chief GENERAL INFORMATION Topic: September Monthly Report CALLS FOR SERVICE Bulverde Police Department had 1,451 Calls for Service. Comal Trace 0 Hwy 281 253 Bulverde Crossing 97 Hwy 46 153 Bulverde Estates 94 Oak Village N 136 Bulverde Hills 30 Oakland Estates 1 FM 1863 16 Shepherd’s Ranch 2 City Hall/BPD Walk-ups 28 Belle Oaks 4 County 46 Outside County 0 Centennial Ridge 1 Windmill Ranch 16 Berry Oaks 0 Singing Hills 391 Bulverde City Park 126 Highlands 1 Edgebrook 6 Ammann Rd 4 Persimmon Hill 17 Bulverde Road 29 Elm Valley 0 Blanco Road 0 ARRESTS - Total arrests – 25 Public Intoxication 3 Driving While Intoxicated 1 1 Page 6 of 40  Warrants 9 Theft of Firearm 1 Fraudulent Use Identifying Information 1 Driving While Intoxicated 3rd or More 1 Possession Controlled Substance 4 Assault Family Violence 1 Evading Arrest using Vehicle 1 Deadly Conduct 2 ACCIDENTS - Bulverde Police investigated 22 crashes. LOCATION PROPERTY INJURY FATALITY Hwy 281 6 4 1 Hwy 46 10 8 2 Edgebrook 1 1 FM 1863 3 3 Singing Hills 2 1 1 TRAFFIC ENFORCEMENT Citations 520 Violations 906 Warnings 364 Average Speed Citation (mph over the limit) Hwy 281 19.9 Hwy 46 16.4 FM 1863 0 Other 19.1 INVESTIGATIONS Code Compliance Code Compliance 8 Cases Closed 8 Follow Up Activities 0 Citations Issued 0 Warning Citation 1 Pending 0 BPD Cases: Assigned 34 Interviews 70 2 Page 7 of 40 Filed County DA 33 Filed Municipal Court 0 Warrants 0 Subpoenas 1 Citation 0 Closed 34 Supplements 155 Calls for Service 16 Reports 3 Investigations/Significant Events 8/31 – Theft $2500-$30k – American Hill Country Gutters. Complainant advised that sometime during the overnight hours someone stole their gutter trailer. Video was obtained from a neighboring business that shows a truck pull up at 11:27pm and hook up to the trailer. 9/01 – Theft / Fraud – Sage Capital Bank. A subject attempted to cash a check for more than $2500. The subject was on a list to watch for turds who are thieves. The subject has been identified he will soon be a wanted man in Comal County. 9/01 – Traffic Stop / Warrant Service – Hwy 281. A vehicle was stopped for a traffic violation. The driver had a warrant for DWI out of Bexar County. The subject was arrested and transported to Comal County Jail to await transfer to Bexar County on his warrant. 9/01 – Traffic Stop / Recovered Stolen Firearm – Hwy 281. A vehicle was stopped for an expired registration. The driver was forced to surrender the weed he had in his boot since he was arrested for a stolen pistol that was located under his seat. He now has a new address in New Braunfels. 9/02 – Disturbance – Walmart. An officer was dispatched for a disturbance between a male and female. The disturbance was found to be verbal only, but a protective order was located on the pair. Dispatch confirmed it only to be found that it had expired when the officer checked it. All subjects were released from the location. 9/02 – Traffic Stop / Warrant Service – Hwy 281. A vehicle was stopped for an equipment violation. During the stop, the passenger was found to have a DWI warrant out of Guadalupe County. The subject was arrested and transported to the county jail. 9/02 – Reckless Damage / Trespassing – Walmart. A young adult threw a foam football while in the toy section damaging a hanging sign. The manager originally said don’t worry about it, then called back asking to trespass the subject. We obliged and contacted the subject for his trespass, 9/03 – Traffic Stop / Possession Controlled Substance – Hwy 281. A vehicle was stopped for a traffic violation. While on the stop, the driver’s meth pipe was found which led to a vehicle search where several grams of methamphetamine were located. He now resides in New Braunfels. 9/03 – Burglary Motor Vehicle – HEB. Caller wanted to report someone stealing a jack from his trailer. Video showed there was no jack there when he pulled into the parking lot. The case was closed in record time. 9/03 – Disturbance – Luke’s. An officer stopped a vehicle that ran a redlight almost striking the officer’s patrol unit. While on the stop, he realized a disturbance was occurring between the two occupants. Subjects were released after the officers conducted their investigation. 9/03 – Vehicle Fire – FM 1863. An officer was dispatched for a motorcycle on fire on the shoulder of FM 1863. The driver was able to put the fire out before officers and firefighters arrived. The subject was given a ride home to grab a truck and trailer for the bike. 3 Page 8 of 40 9/03 – Deceased Person – Heights of Bulverde. An officer was dispatched for an 82-year-old female who passed away from natural causes. There were no suspicious circumstances suspected or observed. 9/03 – Traffic Stop / Possession Controlled Substance – Hwy 281. A vehicle was stopped for an expired registration. After smelling marijuana, a search revealed a meth pipe and methamphetamine in the center console. One subject was arrested and transported to jail. 9/04 – Suspicious Circumstances – Singing Hills. An officer was dispatched to speak with a father who was reporting one of his young kids acting out sexually. The subject did not reside in the city nor did any of the acts occur in the city. Subject was referred to the county. 9/06 – Traffic Stop / Warrant Service – Hwy 281. A vehicle was stopped for an equipment violation. The officer had hit a Trifecta when he learned the driver had no driver’s license, had a warrant out of San Patricio and had several BMC warrants. 9/06 – Warrant Service – City Hall. A subject was found to be chillin it at the county jail but had active BMC warrants. The warrants were carried down and served on the subject. 9/06 – Assault Family Violence – Oak Village North. An officer received information reference an assault family violence that occurred on the previous day. All parties have been identified; charges may follow. The case will be presented to the DA’s office for review. 9/06 – Public Intoxication – Walmart. An officer was at Walmart for a theft call. While there an employee advised of an intoxicated male harassing customers. The subject was dropped off at IHOP for work, but the manager told him to leave because he was drunk. He was transported to the county jail where he’ll have a chance to sober up. 9/06 – Suicidal Subject / Disturbance – Oak Village North. Officers were dispatched for a suicidal subject. While enroute, a call came from the residence for a disturbance. Upon arrival one resident was intoxicated and had attempted to harm themselves. The subject went voluntarily with EMS for an evaluation. 9/06 – Traffic Stop / Warrant Service – Hwy 281. A vehicle was stopped for expired registration. The driver could not manage a valid driver’s license but did manage a couple of BMC warrants. The subject was able to get online and pay the warrants. The vehicle wasn’t so lucky as it was impounded. 9/07 – BPD assisted with traffic control at Bill Brown Elementary School for a Grandparents Day event. 9/07 – Traffic Stop / Possession Drug Paraphernalia – Hwy 281. A vehicle was stopped for defective equipment and expired registration. The driver stated he had no insurance but didn’t forget his marijuana and his open container. Subject was cited and released. 9/07 – Criminal Mischief – Oak Village North HOA Park. An officer was requested for damage to park property. On two occasions subjects caused damage to the park. The video shows two juveniles causing the damage. Once we get copies of the video, we will send it out to the public. 9/08 – BPD assisted with traffic control at Bill Brown Elementary School for a Grandparents Day event. 9/08 – Forgery – Walgreens. A subject has been to the location on several occasions getting prescriptions filled with forged prescriptions. A suspect has been identified; charges will likely follow with a warrant for the subject’s arrest. 9/09 – Disturbance / Assault Family Violence – Hwy 46. Officers were dispatched for a disturbance between a father and his adult son. The son was very intoxicated and assaulted his brother as the brother and father attempted to subdue the out-of-control family member. The son/brother fled before the officers arrived. 9/09 – Disturbance / Assault Family Violence – Hwy 46. Officers were once again dispatched to a residence off Hwy 46 for a disturbance between a parent and an adult child. The adult male son was arrested for assault against his father this time. 4 Page 9 of 40 9/09 – Vehicle Fire / Oak Village North. An officer was dispatched for a vehicle fire in Oak Village North. The caller heard a loud bang and looked outside to see his 2013 truck on fire. FD believes it may have been from a lightning strike. 9/10 – Disturbance – Hampton Inn. A patron at the hotel called requesting to have a subject removed from her hotel room. The subject left voluntarily and rented his own room. The disturbance was verbal only. Parties were separated for the evening. 9/11 – Criminal Mischief – Oak Village North HOA Park. An officer was requested for damage to items at the HOA Park. Video has been requested so that a suspect might be identified. 9/12 – BPD attended a Bulverde City Council meeting. 9/11 – Lost Property – Cricket Wireless. Caller states they have a phone missing from their display and suspect a former employee may have taken the phone. Currently no evidence of such, but they needed a report for corporate. 9/11 – Traffic Stop / Possession Drug Paraphernalia – Hwy 281. A vehicle was stopped for riding dirty with window tint. A check with a tint meter showed 1% light transmission. Driver was also rolling dirty with a little weed. Driver received a couple citations to roll on down the road a little less dirty in Bulverde. 9/11 – Traffic Stop / Warrant Service – Hwy 46. A vehicle was stopped for expired registration. The driver had a traffic warrant out of Comal County. The subject was arrested and transported to the county jail. 9/12 – Stolen Vehicle – Planet Fitness. Complainant advised they went to the gym at about noon and left at about 4pm. When she came out her 2016 Kia Soul was missing from the parking lot. The vehicle was entered as stolen. 9/12 – Assist Fire/EMS – Hwy 281. An officer stopped out with a vehicle that was stopped in the middle of the road. The driver then slowly rolled across the median. The driver was having a medical episode. EMS was contacted and treated the subject who was released to family. 9/13 – BPD attended a Bulverde Spring Branch Coffee with the Chamber event. 9/13 – Traffic Stop / Possession Drug Paraphernalia – Hwy 281. A vehicle was stopped for a traffic violation. The driver was unable to produce a driver’s license or insurance but was able to produce a THC vape pen and a marijuana pipe. The driver was cited and released, but the vehicle was impounded for public safety. 9/13 – Missing Person – Caller reported her 87-year-old husband as missing. He was supposed to stop by a title company in Spring Branch but never showed up. The last place he was known to be was on IH-10 in Seguin. Following up as of this writing. 9/13 – Warrant Service – County. A Deputy was out on a traffic stop with a subject who had BMC warrants. The subject was contacted who agreed they could get online and pay the warrants which they did. The driver was spared a trip to the county jail. 9/14 – Found Property – Oak Village North. A citizen advised he found a firearm on the side of the road. The firearm was taken and checked for stolen which was negative. Item was placed in the property room. 9/14 – Duty Upon Striking Vehicle – HEB Parking Lot. An SUV was struck by a red pick-up truck in the parking lot at HEB. Video will be requested to try and locate a suspect vehicle. 9/14 – Traffic Stop / Possession Controlled – Hwy 281. A vehicle was stopped for expired registration. The officer smelled marijuana which led to a PC search which led to a meth pipe and methamphetamines. Comal County gained a new temporary resident in New Braunfels. 9/15 – Fraud – Windmill Ranch. Complainant advised he removed a temporary tag off his vehicle and threw it away. He later received a bill in the mail from TxTag for a bunch of tolls in Austin. TxTag recommended he file a police report. 9/16 – BPD assisted with traffic and security at Musik in the Park. No incidents to report. 5 Page 10 of 40 9/16 – Theft $750-$2500 – Tractor Supply. An officer was dispatched to the TSC for a theft. Video cameras captured a subject walk to the location and cut a security cable then returned with a truck stealing two mini-bikes. 9/16 – Theft $750-$2500 – Hwy 46. Webber Construction advised one of their employees observed a truck with a trailer pull up with two subjects who proceed to load scrap culverts from the side of the road. The subjects were not authorized to take the scrap materials. 9/16 – Traffic Stop / Warrant Service – Hwy 281. A vehicle was stopped for speeding. The driver was found to be wanted out of Bexar County for an Assault Warrant. The subject was arrested and transported to Comal County to await Bexar County Transport. 9/17 – Deceased Person – Heights of Bulverde. An officer was dispatched for an 89-year-old male who passed away from natural causes. There were no suspicious circumstances suspected or observed. 9/17 – Assault – Heights of Bulverde. An officer was dispatched for an assault between two elderly residents. The brawl was between a male and female. The female slapped the male and he slapped her back. Incident was documented for the facility. 9/17 – Traffic Stop / Warrant Service – A vehicle was stopped for expired registration. The driver was found to have three warrants with BMC. The subject was able to pay the warrants in full, avoiding a trip to scenic New Braunfels. 9/17 – Traffic Stop / Warrant Service – Hwy 281. A vehicle was stopped for speeding. While speaking with the driver it was discovered he had warrants with BMC. The warrants were paid online. 9/18 – Deceased Person – Oak Village North. Officers were dispatched for a welfare check. Officers observed flies inside the residence. Fire Department was called for entry assistance where the 77-year-old male homeowner was found deceased. The homeowner suffered from multiple health issues, there are no suspicious circumstances. 9/18 – Theft of Motor Vehicle – Walmart. Complainant advised his vehicle was not parked where he left it. Video shows a light in color sedan involved in the theft. Unfortunately, the camera system is junk and wasn’t much help. 9/18 – Traffic Stop / Possession Drug Paraphernalia – Hwy 281. A vehicle was stopped for expired registration. As the officer approached, he thought he was in Denver with the stench of marijuana. The driver couldn’t produce a driver’s license but did produce a bag of weed. She then got angry when she found out her car was being impounded because she had no driver’s license. 9/19 – BPD attended an Oak Village North HOA meeting. 9/19 – Traffic Stop / Possession Drug Paraphernalia – Singing Oaks. A vehicle was stopped for expired registration. The officer recognized the driver from a previous arrest. The driver was found to have some marijuana, which he exchanged for a citation. 9/19 – Theft $0-$100 – Walmart. A subject was observed concealing an item on his person then exiting the store. The subject was stopped by asset protection personnel and escorted to the AP office. An officer arrived and issued the subject a citation for theft. 9/20 – BPD attended and spoke at the BSB Chamber of Commerce Power Lunch event. 9/20 – Traffic Stop / Public Intoxication – Hwy 46. A vehicle was observed flashing its lights and then making an illegal U-turn in front of an officer. The officer made contact with the driver who stated he was trying to get stopped as he needed help with his passenger who was intoxicated. No one wanted to deal with the subject, so he was arrested for public intoxication. 9/20 – Disturbance / Public Intoxication – Hampton Inn. An officer observed a male and female in an argument in the parking lot. One of the subjects was very irate and uncooperative. The subject was intoxicated and arrested for PI. 6 Page 11 of 40 9/21 – Traffic Stop / Possession Drug Paraphernalia – Hwy 281. A vehicle was stopped for speeding. The driver immediately advised the officer he had a fake gun in the passenger’s seat. He didn’t immediately give up the open container or the marijuana. The driver exchanged the contraband for a citation. 9/21 – BPD conducted applicant testing with 2 out of 8 showing up for written test and physical agility. 9/21 – Traffic Stop / MIP Tobacco – Hwy 281. A vehicle was stopped for an expired registration. The two occupants were under the age of 21 but were both in possession of cigarettes and vape products. The contraband was exchanged for citations. 9/22 – Theft – Burger King. An officer was dispatched to speak with a district manager reference theft. Upon reviewing video, a manager arrives and removes money from the safe placing the money in his pocket. Charges pending. 9/22 – Traffic Stop / Possession Drug Paraphernalia – Hwy 281. A vehicle was stopped for an expired registration. Upon contact the officer asked why her car reeked of marijuana. The driver explained she smoked in the car yesterday and had some weed. The contraband was exchanged for a citation. 9/22 – Theft of Service – Hampton Inn. Management explained a hotel guest used a credit card to check in. The guest also used the card to add a friend to the room, bought snacks from the snack bar etc. The guest then canceled the credit card leaving the bill unpaid. If the bill doesn’t get paid, the suspect will become a guest at the County Hilton. 9/22 – Traffic Stop / Possession Drug Paraphernalia / Warrant Service – Hwy 281. A vehicle was stopped for an expired registration. While speaking with the driver, the officer smelled marijuana which led to a search, which led to marijuana. The driver was also found to have a warrant out of Aransas County for, you guessed it, possession of marijuana. One arrested and taken to jail. 9/22 – Criminal Mischief – HEB. Complainant advised the officer that someone scratched their car while inside HEB. Video was watched and no one was seen around the vehicle. The car was quite a distance out in the lot, but no suspects could be seen on video. 9/22 – Theft / Lost Property – HEB. An employee stated someone must have stolen her backpack while she was working. HEB management reviewed the video but could not locate any footage with the backpack. Later that day a citizen returned the backpack to HEB stating they found it near Walmart gas pumps. 9/22 – Traffic Stop / Possession Drug Paraphernalia – Hwy 281. A vehicle was stopped for defective equipment. The driver was found to be in possession of marijuana and had an open container inside the vehicle. The driver was deemed sober and released with citations. 9/23 – Traffic Stop /DWI Blood Draw – Hwy 281. An officer stopped a vehicle for several violations. The driver exhibited signs of intoxication and failed the SFST’s. He thought he was on Loop 1604 when asked about where he was. A blood draw was obtained, and the subject was transported to the county jail to think about his actions. 9/23 – Disturbance / Harassment – Vape Away. Officers were dispatched for a subject harassing employees at a location. Upon arrival the suspect sped away, only to be stopped a short distance away. The suspect was very disruptive and irate. The subject was detained and then released with a trespass warning for the location. 9/23 – Recovered Stolen Vehicle – Walmart Parking Lot. A citizen notified an officer of a suspicious vehicle in the Walmart parking lot. Upon checking the vehicle, it was found to be reported as stolen out of San Antonio. The vehicle’s owner was contacted, and a tow company took possession of the vehicle. 9/24 – Evading Arrest / DWI Blood Draw – Hwy 281. An officer attempted to stop a vehicle after radar showed the vehicle traveling 88 mph. The vehicle fled at speeds of 100 mph, 7 Page 12 of 40 eventually stopping at Evans Road in San Antonio. The driver was arrested for evading arrest and DWI. 9/24 – Criminal Mischief - Oak Village North Park. An officer was requested for what appears to be two juveniles on video damaging property at the OVN Park. We have a lead on one of the suspects which officers will follow up on. 9/24 – BPD hosted and presented a National Night Out Host / Sponsorship appreciation dinner at the BSB Activity Center. About 60 people were in attendance for a great meal with lots of door prizes. 9/25 – Suspicious Person – Hwy 281. An officer was dispatched for a subject throwing rocks at cars on Hwy 281. The subject was a male we’ve been dealing with regularly lately. He was not throwing rocks but instead was picking up trash. 9/25 – Suspicious Persons / Warrant Service – Home Depot. Management requested an officer for two subjects soliciting at their store. The two were contacted who stated their boss said they could be there. A check revealed one of the subjects had several warrants out of Bell County. The subject was arrested without incident, their partner left the location. 9/25 – Traffic Stop / Possession Controlled Substance – Hwy 281. A vehicle was stopped for a traffic violation. The vehicle reeked of marijuana and the driver gave consent to search. I guess he forgot about the methamphetamine in the center console. One subject was arrested and given a new temporary address at the county jail. 9/25 – Suspicious Person / Possession Controlled Substance – River Crossing. An officer was dispatched to a location off Hwy 46 in River Crossing for a suspicious female at the residence stating a friend lived there. The subject opened her purse revealing needles loaded with meth. One subject was arrested and transported to jail, only to be rejected due to an elevated heart rate. Perhaps methamphetamine was to blame. The subject was released after an hour at the hospital awaiting jail clearance. Charges to be filed at large. Getting hard to jail criminals at this point. 9/26 – Traffic Stop / Warrant Service – Hwy 46. A vehicle was stopped for running a red light. The driver had warrants with BMC. The subject was able to get online and pay the warrants avoiding a trip to New Braunfels. He was, however, cited for disregarding the red light. 9/26 – Criminal Mischief – Singing Hills. An officer was requested to respond for damage to buildings. Two construction trailers, that have been onsite for years, were damaged. Unknown when this occurred. 9/26 – Traffic Stop / Possession Drug Paraphernalia – Hwy 281. A vehicle was stopped for expired registration. The driver was in possession of drug paraphernalia which was exchanged for a citation. 9/27 – BPD assisted with a Donuts with Dads event at Bill Brown Elementary School. 9/27 – Missing Person – Gloria Deo Academy. An officer was requested for a missing person report. Seems a student was missing from home but showed up to school. After speaking with all involved, the student didn’t like the way they were disciplined at home. 9/27 – Traffic Stop / Warrant Service – Hwy 281. A vehicle was stopped for speeding. Upon checking the driver’s information, it was discovered the driver had a warrant out of Bexar County for DWI. The subject was arrested and transported without incident. 9/28 – Deadly Conduct / POCS / UCW – FM 1863. Officers received a call for shots fired off FM 1863 shortly after 2am. A vehicle was stopped with two males that admitted to firing several rounds from an AR-15 and pistol. They also had THC concentrate which is illegal. They thought because it was the country, it was okay. They didn’t realize there were houses down range from where they were shooting. They took a ride to NB for a bit. 9/28 – Warrant Service – County. A county deputy was on a traffic stop with a subject who had BMC warrants. The warrants were delivered to the deputy wo placed the subject in the county jail. 8 Page 13 of 40 9/28 – Illegal Dumping – Belle Oaks. A contractor came to city hall to report illegal dumping at a home site in Belle Oaks. The subject had cameras on location, but they didn’t capture the suspect on camera. 9/28 – Warrant Service – City Hall. A subject was found to be relaxing in the county jail. The warrants were carried over and served before the subject was able to check out of their room. 9/29 – Illegal Dumping – 281 Mini Storage. Officers were dispatched for a dump truck that pulled in and dumped a large load of rocks and dirty on their property. No information was obtained on the dump truck. 9/29 – Disturbance – Goodwill Store. Officers were dispatched for a disturbance inside the store. Upon speaking with three involved, a man was too rough with his kids. The subject left the location, but a couple then followed the subject outside before he left. 9/30 – UUMV / Evading / POCS / Warrant Service – Hwy 281. An officer attempted to stop a vehicle for an equipment violation. The driver fled down Hwy 281. After a short pursuit, the driver was taken into custody. He had a warrant out of Kleberg County for stealing a vehicle, a warrant in Bexar County for evading arrest, had methamphetamine and the car was stolen. One subject was arrested and transported to jail. Routine Calls for Service Assist CCSO Business and Residential Alarms Reckless Driver Suicidal Subject Welfare Check Traffic Hazards Suspicious Vehicles Assist City Hall Abandoned Vehicles Blue Form Crashes Animal Control Suspicious Circumstances Assist Citizens Civil Matters Assist Fire/EMS Trespassing Noise Disturbance Reckless Damage Suspicious Persons Warrant Service Public Intoxication Harassment Criminal Mischief Abandoned Vehicles Disturbances (domestic) Disturbances (unknown) Lost Property 911 Hang-ups Missing Person 9 Page 14 of 40 Found Property Theft Code Compliance 10 Page 15 of 40  Public Works Department Council Report __________________________________________________________ Date: October 5, 2023 To: Charles West, City Manager From: Tim Parker, MS, PE, Public Works Director STAFFING • Fully staffed. Adrian – parks (4 years with City), James – handyman, Austin – streets/drainage BUILDINGS & GROUNDS • Painting continues on City Hall as weather permits. High elevation work to begin next weekend. • Current Quotes: TP's Quote Tracker Spreadsheet Project: Carpet City Hall Project: Concrete @ Park Bid 1: Atlas 28,974 Bid 1: PaveCon 98,004 Bid 2: Bullet Flooring ab Bid 2: Fuller cntb Bid 3: working on identifying vendor Bid 3: Peter Ford ab Bid 4: Chet Bunch nr Bid 5: working on identifying vendor Project: OVN Culvert Cleaning Project: Landscape PD Bid 1: working on identifying vendor Bid 1: Green Grass ab Bid 2: " Bid 2: C&K ab Bid 3: " Bid 3: Bobby ab ab - awaiting bid Project: Interior Painting cntb - chose not to bid Bid 1: working on identifying vendor nr - no response Bid 2: " Bid 3: " Page 16 of 40 PARKS • Accessible swing installed. • Working on design for concrete stamp. • Met with Pavecon, Fuller, Peter Ford regarding replacing broken slabs at park. • Splash pad issues resolved. Open till sunset +- • B&B Tree Service 75% complete for removing cedars and clean up on 10-acre tract. STREETS & DRAINAGE & ENGINEERING • Titan Milling continues work, minimal progress for the last 2 weeks. In Austin this week. • Met with Chamber and associated volunteers regarding Christmas event. • 12 hours OVN time invested this week (7022 Circle Oak, Titan Milling, 30448 Blueberry Ridge, met with residents Running Deer/Spotter Deer intersection, special projects). • Potential 2024 Street Maintenance projects include: a. Rebuilding edges and mastic or micro surface overlay (not chipseal) on Deerfield Terrace, Casey from Monica to Bulverde Road. b. Chipseal Panther. c. Intersection improvements @ Bulverde Lane and Bulverde Road. d. Downtown center turn lane either side of Bulverde Road/Bulverde Lane Intersection. e. Casey Road/Bulverde Road drainage improvements (already approved by Council). f. Addition of 12-16” to either of Bulverde Road from 46 to ½ to 1 mile southeast, then overlay. g. Rotomill, lime or cement inject, and pave Stahl Road near church. Diamante not open to discussions at this time about the straightening and additions. Stahl would still need to be done even with the Diamante additional straightening. Page 17 of 40 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, September 12, 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 Yvonne Chapman, Place 2 Mayor Pro Tem Charles Hughes, Place 3 Council Member Clint Hays Place 4 Council Member David Bullock, Place 5 Council Member Mechelle Salmon, Place 6 Members of City Council Absent: Council Member Mark Morkovsky, Place 1 City Staff Present: City Manager Charles West, City Attorney Jason M. Rammel, City Secretary Sandra V. Ham, Chief of Police Gary Haecker, Planning Director Suzzane Williams, Public Works Director Tim Parker, and Executive Assistant Ashley Gohlke REPORTS AND PRESENTATIONS 2.A. Proclamation for World Teachers' Day Mayor Bill Krawietz presented the Proclamation on behalf of World Teachers' Day. 2.B. Proclamation for National Night Out Mayor Bill Krawietz presented the Proclamation to City of Bulverde Police Chief Gary Haecker. 2.C. Police Department: Monthly Report Report given by Police Chief Gary Haecker. 2.D. Finance Department: Monthly Report Report given by City Manager Charles West. Page 18 of 40 2.E. Public Works Update Report given by Public Works Director Tim Parker. 2.F. Planning Department Update Report given by Planning Director Suzanne Williams. 2.G. Parks & Recreation Update Report given by Board Member Daniel Schrubb. 2.H. Economic Development Foundation Report given by Executive Committee Member Paula Stakes. CONSENT AGENDA ITEMS 3.A. Consider approval of the City Council Meeting Minutes from August 8, 2023. Motion: Council Member, Place 5 Bullock made a motion seconded by Council Member, Place 6 Salmon, to approve the City Council Meeting Minutes from August 8, 2023, as amended to include the additional language of "Musik in the Park" to item 4.D. Vote: Motion carried unanimously (6) ayes to zero (0) nays. REGULAR AGENDA ITEMS 4.A. Discussion and possible approval of an Ordinance granting a Special Event Permit to Provisions Food Pantry to hold its Holiday Hunger 5K Run / Walk at the City of Bulverde Community Park on December 2, 2023. Motion: Mayor Krawietz made a motion seconded by Mayor Pro Tem, Place 4 Hughes to approve an Ordinance granting a Special Event Permit to Provisions Food Pantry to hold its Holiday Hunger 5K Run / Walk at the City of Bulverde Community Park on December 2, 2023. Vote: Motion carried unanimously (6) ayes to zero (0) nays. Ord #741 4.B. Consider recommending for approval a task order for Freese & Nichols to review and update the City of Bulverde Sunrise 2025 Comprehensive Plan. Motion: Council Member, Place 6 Salmon made a motion seconded by Council Member, Place 4 Hays to approve a task order for Freese & Nichols to review and update the City of Bulverde Sunrise 2025 Comprehensive Plan, to include the preparation of new impact fees or impact fee updates for water, wastewater, roadway or drainage under Chapter Page 19 of 40  395, with both projects to run concurrently. Vote: Motion carried unanimously (6) ayes to zero (0) nays. 4.C. Discuss and consider an Ordinance amending Articles 3.05 and 3.06 Code of Ordinances of the City of Bulverde, Texas to remove fences as an exemption from building permits. No action taken. 4.D. Public hearing on the proposed 2023 tax rate. Mayor Bill Krawietz opened the public hearing at 7:24 PM. There being no one wishing to speak, the public hearing was immediately closed. 4.E. Public hearing on the proposed 2023-2024 budget. Mayor Bill Krawietz opened the public hearing at 7:26 PM. There being no one wishing to speak, the public hearing was immediately closed. 4.F. Discuss and consider an Ordinance approving and adopting a budget for operating the municipal government of the City of Bulverde for the Fiscal Year beginning October 1, 2023 and ending on September 30, 2024. Motion: Council Member, Place 5 Bullock made a motion seconded by Mayor Pro Tem, Place 3 Hughes to approve an Ordinance approving and adopting a budget for operating the municipal government of the City of Bulverde for the Fiscal Year beginning October 1, 2023 and ending on September 30, 2024. Vote: Mayor Krawietz took a roll call vote: Council Member, Place 1 Morkovsky – ABSENT Council Member, Place 2 Chapman – AYE Mayor Pro Tem, Place 3 Hughes – AYE Council Member, Place 4 Hays – AYE Council Member, Place 5 Bullock – AYE Council Member, Place 6 Salmon – AYE Mayor Krawietz – AYE Motion carried unanimously (6) ayes to zero (0) nays. Ord #742 4.G. Discuss and consider a Resolution ratifying the recently adopted budget that contains a property tax rate that raises more total property taxes than last year. Motion: Council Member, Place 5 Bullock made a motion seconded by Council Member, Place 4 Hays to approve a Resolution ratifying the recently adopted budget that contains a property tax rate that raises more total Page 20 of 40  property taxes than last year. Vote: Motion carried unanimously (6) ayes to zero (0) nays. 4.H. Discuss and consider an Ordinance adopting the tax rate and levying a tax upon all property subject to taxation within the City of Bulverde, Texas, for the 2023 Tax Year for the use and support of the municipal government of the City of Bulverde. Motion: Council Member, Place 5 Bullock made a motion seconded by Council Member, Place 4 Hays to approve an Ordinance adopting the tax rate and levying a tax upon all property subject to taxation within the City of Bulverde, Texas, for the 2023 Tax Year for the use and support of the municipal government of the City of Bulverde. Vote: Motion carried unanimously (6) ayes to zero (0) nays. Ord #743 PUBLIC COMMENTS NOT RELATED TO POSTED AGENDA ITEMS Mayor Bill Krawietz opened the meeting for public comments not related to posted agenda items at 7:30 PM. REPORTS BY ELECTED OFFICIALS AND CITY STAFF ON ITEMS OF COMMUNITY INTEREST EXECUTIVE SESSION At 7:40 PM 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: i. Wastewater treatment plant planned for Diamante Ranch. ii. Johnson Ranch MUD and proposed development within Johnson Ranch. iii. Subdivision of property abutting Stahl Lane by Lennar Custom Homes and Catenary VIS LLC. Page 21 of 40  iv. For removal from the City’s extraterritorial jurisdiction regarding the following properties: 1275 Stoney Ridge Road; 490 E. Ammann Road; 1010 Rainbow Drive; 1450 Bulverde Road; 5727 FM 1863; 204 Rodeo Drive. v. An encroachment on public right of way on Bulverde Road by Gloria Deo Academy, 1110 Bulverde Road. 7.C. 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 8:51 PM the City Council reconvened from Executive Session and took the following action on items discussed in Executive Session. No Action Taken. ADJOURNMENT 8:51 PM There being no further business to come before the City Council, the meeting was adjourned. ________________________ Sandra V. Ham City Secretary Page 22 of 40 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 Thursday, September 21, 2023 Meeting Duration: 05:15 PM to 06:50 PM CALL THE MEETING TO ORDER Mayor Bill Krawietz called the meeting to order at 5:15 PM. Members of City Council Present: Mayor Bill Krawietz Council Member Mark Morkovsky, Place 1 Council Member Yvonne Chapman, Place 2 Mayor Pro Tem Charles Hughes, Place 3 Council Member Clint Hays Place 4 Council Member Mechelle Salmon, Place 6 Members of City Council Absent: Council Member David Bullock, Place 5 City Staff Present: City Manager Charles West and City Secretary Sandra V. Ham EXECUTIVE SESSION 2.A. Pursuant To Government Code 551.074, The City Council Will Deliberate In Executive Session Regarding Personnel Matters Pertaining To Performance, Evaluation, Review and Goals of the City Manager. At 6:50 PM the City Council reconvened from Executive Session and took the following action on items discussed in Executive Session. No Action Taken. ADJOURNMENT 6:50 P.M. There being no further business to come before the City Council, the meeting was adjourned. ________________________ Sandra V. Ham City Secretary Page 23 of 40  CITY COUNCIL ITEM: 2023-379 MEETING DATE: October 10, 2023 AGENDA ITEM: 4.A. Consider an ordinance granting a variance to Chapter 10, Subdivision Ordinance, Code of Ordinances of the City of Bulverde, Texas, related to the Tree Survey Requirement for Tree Preservation for a 193.22-acre tract of land located at 200 Mitchell Road, Spring Branch, Texas. DEPARTMENT: Planning PRESENTED BY: Suzanne Williams, Director of Planning BACKGROUND: Planning & Zoning Request: Request by Phil Zaccaria for a variance to Chapter 10, Subdivision Ordinance, related to Tree Survey Requirement for Tree Preservation, of the City of Bulverde Code of Ordinances. Summary: The applicant, Phil Zaccaria, intends to develop a 193.22-acre tract of land into a 27-lot single-family residential with proposed lot sizes of approximately 5 acres minimum in size. The applicant is requesting a variance to the requirement of a Tree Survey, due to his position of the tree survey being cost prohibitive in his situation. Attachments: Documents provided include a completed Tree Survey and Tree Tables. The Planning & Zoning Commission requested that Mr. Zaccaria survey the trees 60' on either side of the roadway centerline. Mr. Zaccaria exceeded this request and surveyed 100' on either side of the roadway centerline, as illustrated in the attachments. Owner: 200 Mitchell Ranch, LLC, 30257 Sherry Lea, Bulverde, Texas 78163 Applicant: Phil Zaccaria, 7055 FM 1863, Bulverde, Texas, 78163 Property Information: Address: 200 Mitchell Road, Spring Branch, Texas Legal Description: 193.22 Acre tract, H&O.B.R.R.Co. Survey No. 847 Owner: 200 Mitchell Ranch, LLC Existing Land Use: Undeveloped Existing Zoning: ETJ FINANCIAL IMPACT: N/A RECOMMENDATION: Planning & Zoning Commission Recommends Approval. • Commissioner Sisk made a motion seconded by Chair Alexandre to approve a request Page 24 of 40  by Phil Zaccaria for a variance to Chapter 10, Subdivision Ordinance, related to the Tree Survey Requirement for Tree Preservation, of the City of Bulverde Code of Ordinances, with the condition that a tree survey be required on 60 feet on either side of the roadway centerline, and requirement of tree survey is maintained by final property owner before development. • Motion carried (5) ayes to (1) nay, Commissioner Molina opposed. ATTACHMENTS: 1. Ordinance - Subdivision-Environmental Variance - 200 Mitchell Ranch 2. Tree Survey and Tree Tables Page 25 of 40  ORDINANCE NO.______________________ AN ORDINANCE OF THE CITY OF BULVERDE, TEXAS GRANTING A VARIANCE TO CHAPTER 10, EXHIBIT A, SECTION 1.04(b)(iv)(d), CODE OF ORDINANCES OF THE CITY OF BULVERDE TEXAS TO ALLOW THE TREE SURVEY TO BE LIMITED TO THE AREA WITHIN 60 FEET OF THE CENTERLINE OF PROPOSED STREETS AND RIGHTS OF WAY FOR APPROXIMATELY 193.22 ACRES ON THE PROPERTY GENERALLY LOCATED AT 200 MITCHEL ROAD, SPRING BRANCH, TEXAS 78070; REPEALING CONFLICTING ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Bulverde, Texas held a public hearing and heard the application, attached as Exhibit A (the “Application”), filed by Phil Zaccaria (the “Applicant”) seeking variance from the Code of Ordinances of the City of Bulverde, Texas (the “Code”), specifically, Section 1.04(b)(iv)(d) of Exhibit A, Chapter 10 of the Code, pertaining to the property located at 200 Mitchell Road, Spring Branch, Texas 78070, and being more particularly described under the heading Legal Description Exhibit in the Application (the “Property”); WHEREAS, in conjunction with the Application, the Applicant has also submitted a MDP included in the Application as “Development Exhibit” prepared by HMT Engineering and Surveying (the “MDP”); WHEREAS, the Application requests a variance from Section 1.04(b)(iv)(d) of Exhibit A, Chapter 10 of the Code such that the tree survey requirement be waived, all as set forth in the Application (the “Variance”). WHEREAS, the City Council has received the report of the City’s Planning and Zoning Commission, which recommended approval of the Variance with the following conditions: a tree survey to be limited to the area within 60 feet of the centerline of proposed streets and rights of way for approximately 193.22 acres on the property generally located at 200 Mitchell Road, Spring Branch, Texas 78070; WHEREAS, The City Council has taken into account the nature of the proposed land use, existing uses of land in the vicinity, the number of persons who will reside or work in the proposed subdivision, and the probable effect of such variance upon traffic conditions and upon the public health, safety, convenience, and welfare in the vicinity. WHEREAS, based on the above considerations, the City Council finds and determines that: (A) Undue hardship will result from strict compliance with Section 1.04(b)(iv)(d) of Exhibit A, Chapter 10 of the Code; 1 Page 26 of 40 (B) The Variance is in harmony with the general purpose and intent of the Code so that the public health, safety, and welfare may be secured and substantial justice done; WHEREAS, the City Council further makes affirmative findings as to all of the following: (A) There are special circumstances or conditions affecting the Property such that strict application of Section 1.04(b)(iv)(d) of Exhibit A, Chapter 10 of the Code would deprive the Applicant of the reasonable use of the Property; (B) The Variance is necessary for the preservation and enjoyment of a substantial property right of the Applicant; (C) Granting the Variance will not be detrimental to the public health, safety, or welfare, or injurious to other property in the area; and (D) Granting the Variance will not have the effect of preventing the orderly subdivision of other land in accordance with the Code. WHEREAS, the following conditions are desirable in the public interest (the “Conditions”): (A) The Property may only be developed in conformance with the MDP, as approved by the City; (B) A tree survey complying with all provisions of the Code, except as modified by this Ordinance, is a condition to approval of any preliminary or final plat; and (C) Approval of the Variance does not constitute approval of any other variance or any other matter that may be depicted in the Application. WHEREAS, the City Council finds and determines that the passage of this Ordinance promotes the health, safety, and welfare of the public and the City of Bulverde; and WHEREAS, the City Council finds and determines that the meeting at which this Ordinance was passed was open to the public, that public notice of the time, place and purpose of said meeting was given as required by the Texas Open Meetings Act, Chapter 551, Texas Government Code; and that the City of Bulverde complied with all other requirements. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BULVERDE, TEXAS THAT: 2 Page 27 of 40 1. Findings of Fact. The foregoing recitals are incorporated into this Ordinance by reference as findings of fact as if expressly set forth herein. 2. Enactment. Based on the above findings of fact, the City Council hereby GRANTS the Variance subject to the Conditions. 3. Repealer. All ordinances, resolutions, or parts thereof that are in conflict or are inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict or inconsistency, and the provisions of this Ordinance shall be and remain controlling as to the matter regulated herein. 4. Severability. Should any section, subsection, sentence, provision, clause, or phrase be held to be invalid for any reason, such holding shall not render invalid any other section, subsection, sentence, provision, clause, or phrase of this ordinance and same are deemed severable for this purpose. 5. Effective Date. This Ordinance shall be effective as of the date of adoption. PASSED, APPROVED AND ADOPTED THIS ______DAY OF ____________, 2023. APPROVED: ATTEST: ________________________ _________________________ Bill Krawietz, Mayor Sandra V. Ham, City Secretary 3 Page 28 of 40  PLANNING & ZONING COMMISSION ITEM: VARIANCE Mitchell Ranch – Tree Survey MEETING DATE: September 14, 2023 DEPARTMENT: Planning & Development PRESENTED BY: Suzanne Williams, Planning Director REQUEST: Consider a request by Phil Zaccaria for a variance to Chapter 10, Subdivision Ordinance, related to Tree Survey Requirement for Tree Preservation, of the City of Bulverde Code of Ordinances. OWNER: 200 Mitchell Ranch, LLC 30257 Sherry Lea Bulverde, Texas. 78163 APPLICANT: Phil Zaccaria 7055 FM 1863 Bulverde, Texas, 78163 PROPERTY INFORMATION: Address: 200 Mitchell Road, Spring Branch, Texas Legal Description: 193.22 Acre tract H&O.B.R.R.Co. Survey No. 847 Owner: 200 Mitchell Ranch, LLC Existing Land Use: Undeveloped Existing Zoning: ETJ SUMMARY: The applicant, Phil Zaccaria., intends to develop a 193.22-acre tract of land into a 27-lot single- family residential with proposed lot sizes of approximately 5 acre minimum in size. The applicant is requesting a variance to the requirement of a Tree Survey, due to his position of the survey being cost prohibitive in his situation. ATTACHMENTS: A. Application B. Purpose Statement C. Location D. Development Exhibit Page 1 of 1 EXHIBIT A 1 of 4 Page 29 of 40 To the Planning and Zoning Commission of Bulverde, Texas, I am writing as a small developer intent on creating 5-acre and larger plots within the Bulverde ETJ and Comal County. Our company is dedicated to developing properties that align harmoniously with the stunning natural beauty of the Hill Country. As part of this commitment, we strive to preserve every protected tree on the properties we work with, a task that presents unique challenges. Among these challenges is the design of subdivisions in a manner that minimizes road construction. This approach helps us reduce our environmental footprint and maintain as much of the natural surroundings as possible. However, this method often limits the number of lots available for sale, impacting our potential returns on these projects. One area of concern for us is the potential requirement for a comprehensive tree survey, which would add undue cost to our development process. We believe that this requirement may not align with the spirit of large-acreage development, as our design approach inherently preserves most, if not all, of the existing vegetation, especially protected trees. While committed to preserving the environment, we acknowledge the financial constraints that such an approach adds to our operations. We continually seek ways to mitigate costs without compromising our conservation efforts. Our overarching goal is to minimize our impact on these properties while delivering an attractive product to potential buyers who value the seclusion and beauty that large, 5- acre+ lots provide. Our aim is to strike a balance, providing attractive, minimally-impacting development that is also economically sustainable. We believe this approach would not only benefit us as a company but also the residents of Bulverde and Comal County who value the preservation of our Hill Country's natural beauty. We would greatly appreciate an opportunity to discuss this matter further. Please let me know of your availability for a meeting or if there are any upcoming public forums where we could present our case. Thank you for your time and consideration. Best regards, Phil Zaccaria Mitchell Ranch Developer 210.860.7445 EXHIBIT A 2 of 4 Page 30 of 40 EXHIBIT A 3 of 4 SITE EN G I N EER I N G & SU RVEY I N G Page 31 of 40  SD S S D D EXHIBIT A 4 of 4 SD SD S SSDDD STK EN G I N EER I N G & S U RVEY I N G Page 32 of 40 STK Page 33 of 40 Page 34 of 40 Page 35 of 40  CITY COUNCIL ITEM: 2023-400 MEETING DATE: October 10, 2023 AGENDA ITEM: 8.A. Consider an Encroachment Agreement with Gloria Deo Academy for encroachment on public right of way on Bulverde Road at 1110 Bulverde Road. DEPARTMENT: Administration PRESENTED BY: Charles West, City Manager BACKGROUND: After private consultation with the City Attorney in Executive Session, Council will reconvene in Open Session to consider an Encroachment Agreement with Gloria Deo Academy for encroachment on public right of way. FINANCIAL IMPACT: RECOMMENDATION: ATTACHMENTS: 1. Bulverde and GDA Encroachment License (Final) Page 36 of 40  ENCROACHMENT LICENSE AGREEMENT This Encroachment License Agreement (“Agreement”) is entered into by and between the City of Bulverde, Texas, a Texas home rule municipality (the “City”), and Gloria Deo Academy, a Texas nonprofit corporation (“Licensee”), to be effective as of the last date of due execution by the parties (the “Effective Date”). RECITALS: 1. That certain real property described as follows was previously dedicated to the City: 0.367 acres of land dedicated to the City of Bulverde for R.O.W. widening purposes by that certain plat recorded in Document No. 201806027776 of the Map and Plat Records of Comal County, Texas, being shown in the attached Exhibit A (the “City Property”). 2. Licensee owns that certain real property adjacent to the City Property described as follows: Lot 2, Block 1, GLORIA DEO ACADEMY, a subdivision in Comal County, Texas according to the plat recorded in Document No. 201806027776 of the Map and Plat Records of Comal County, Texas, being shown in the attached Exhibit A (the “Licensee Property”). 3. Licensee has constructed a fence ( the “Fence”) that encroaches into the City Property (the “Encroachment”). 4. Licensee desires to maintain the Encroachment on the City Property. In consideration of the above recitals, the terms of this Agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Encroachment. City hereby grants unto Licensee permission for the Encroachment, subject to the terms of this Agreement. Except for removing the Fence in its entirety, Licensee shall not make or cause to be made any modifications to the Fence without the written consent of the City; provided, however, that repairs and maintenance to the Fence shall be permitted without the City’s prior written consent. Licensee shall keep the Fence in good repair at Licensee’s sole cost and expense. 2. Removal of Encroachment. The City may remove or require the removal of the Encroachment from the City Property if the City determines at any time, in its sole, unfettered discretion, that the removal of the Encroachment is in the best interest of the City. Within thirty (30) days of a written request from the City requiring the removal of the Encroachment, Licensee shall remove the Encroachment at Licensee’s sole cost and expense. If Licensee fails to remove the Encroachment within such 30-day period, then the City may remove the Encroachment. If the City removes the Encroachment, then Licensee 1 Page 37 of 40  shall reimburse City for all costs associated with the removal within ten (10) days of receipt of a written request for reimbursement. Licensee waives any right to compensation for the loss of the Fence or the loss of the use of the City Property. Unless directed otherwise, Licensee shall restore the City Property to the condition it was in prior to the construction of the Encroachment. The terms of this paragraph survive termination. 3. Nature of Agreement. This Agreement creates a license only and Licensee does not have, and shall not claim, any interest or estate of any kind in the City Property. This license is personal to Licensee only and may not be assigned by Licensee; provided however, that this Agreement runs with the Licensee Property and binds and benefits any subsequent owner of the Licensee Property. The license granted under this Agreement is non-exclusive, and the City retains the right to enter any portion of the City Property or to authorize the use of the City Property by others. 4. Indemnification. Licensee shall indemnify, defend, and hold harmless the City, its officers, agents and employees, from all claims, demands, and causes of action of every kind and character, for any injury to, including death, of person (whether they be third persons, contractor, or employees of either of the parties hereto) and any loss of or damage to property (whether the same be that either of the parties hereto or of third parties) caused by or alleged to be caused, arising out of, or in connection with Licensee’s exercise of the license under this Agreement, whether or not said claims, demands and causes of action in whole or in part are covered by insurance. Licensee’s obligations under this paragraph survive the termination of this Agreement or the removal of the Encroachment. 5. Binding Effect. This Agreement binds and inures to the benefit of the parties and their successors, assigns, heirs, and representatives. 6. Applicable Law; Venue. This Agreement shall be construed under the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Comal County, Texas. Venue for any dispute under this Agreement shall lie exclusively in the state courts of Comal County, Texas. 7. Notice. Notice shall be mailed to the addresses designated herein or as may be designated in writing by the parties from time to time and shall be deemed received within three days of being sent postage prepaid U.S. mail to the following addresses: CITY: City of Bulverde ATTN: City Manager 30360 Cougar Bend Bulverde, Texas 78163 LICENSEE: Gloria Deo Academy Attn: Head of School 1110 Bulverde Road Bulverde, Texas 78163 2 Page 38 of 40 8. Term. This Agreement shall become effective as of the Effective Date and shall expire five (5) years from the Effective Date. This Agreement shall automatically renew for successive five-year term unless terminated prior to the end of the initial term. If the City requires removal of the Encroachment, this Agreement terminates. Licensee may terminate this Agreement on 10-days’ written notice. Upon termination of this Agreement, Licensee shall remove the Encroachment and, unless directed otherwise, restore the City Property to the condition it was in prior to the construction of the Encroachment. 9. Counterparts. This Agreement may be executed in multiple counterparts each of which shall be an original but all of which taken together shall constitute one instrument. It shall not be necessary that all parties hereto be signatory to the same counterpart. Signature pages from two or more of the counterparts may be combined to form one document. Signatures exchanged by facsimile or electronically in pdf format shall be deemed to constitute original, manually executed signatures of this Agreement and shall be fully binding. IN WITNESS WHEREOF, this AGREEMENT is executed to be effective as of the Effective Date. CITY: LICENSEE: CITY OF BULVERDE, TEXAS GLORIA DEO ACADEMY By: ________________________________ By: Bill Krawietz, Mayor Joe Fesler, Head of School Date: Date: 3 Page 39 of 40 EXHIBIT A Page 40 of 40