City Council Meeting Agendas & Information

City Council Meeting Agenda December 5, 2023 6:00 PM 30360 Cougar Bend, Bulverde TX 78163 1. CALL THE MEETING TO ORDER 2. REPORTS AND PRESENTATIONS 2.A. Bulverde Spring Branch Area Chamber of Commerce - Recognition of Annual Bulverde Christmas Lighting Event Volunteers 3. CONSENT AGENDA ITEMS 3.A. Consider approval of the Special City Council Meeting Minutes from November 14, 2023 (at 6:00pm). 3.B. Consider approval of the Regular City Council Meeting Minutes from November 14, 2023 (at 6:30pm). 4. REGULAR AGENDA ITEMS 4.A. Conduct public hearing and consider an ordinance granting a variance to allow for the posting of a bond prior to recording the final plat for a 193.22 Acre tract, located at 200 Mitchell Road, Spring Branch, Texas 4.B. Consider approval of an Interlocal Cooperation Agreement between Comal County and the City of Bulverde for Animal Control Services. 4.C. Presentation, discussion, and possible action on the 2024 Street Maintenance Plan. 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 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 Page 1 of 78  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, and §551.076 – Deliberation regarding security devices. 7.A. Pursuant to Texas Government Code § 551.071(1) the City Council will convene in a closed session to seek advice from the City’s attorney regarding pending litigation styled City of Grand Prairie v. The State of Texas, D-1-GN-23-007785, in the 261st District Court, Travis County, Texas. 7.B. 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 Attorney. 8. 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 December 1, 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 78 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, November 14, 2023 Meeting Duration: 06:00 PM to 06:36 PM CALL THE MEETING TO ORDER Mayor Bill Krawietz called the meeting to order at 6:00 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 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, City Secretary Sandra V. Ham, and Clarissa M. Rodriguez of Denton, Navarro, Rocha, Bernal, & Zech, P.C. EXECUTIVE SESSION At 6:01 PM the City Council convened into Executive Session to discuss the following: 2.A. The City Council for the City of Bulverde will meet in Executive Session pursuant to Texas Government Code Section 551.071, Consultation with Attorney to receive advice and updates on the following pending or contemplated litigation as follows: i. City of Bulverde, Texas v. Pesado Construction Company and Pape Dawson Consulting Engineers, LLC, Cause No C2023-1008E, In the 466th Judicial District Court, Comal County, Texas ii. Diamante Ranch TCEQ Matter, TCEQ Docket No. 2023-0955-MWD iii. Bulverde v NSHE Texas Mabank and SCWC Subdivision Issues ACTION ITEMS FROM EXECUTIVE SESSION Page 3 of 78 At 6:35 PM the City Council reconvened from Executive Session and took the following action on items discussed in Executive Session. 3.A. Reconvene into open session and possible action on any items discussed in Executive Session. No Action Taken. ADJOURNMENT There being no further business to come before the City Council, the meeting was adjourned at 6:36 PM. ________________________ Sandra V. Ham City Secretary Page 4 of 78 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, November 14, 2023 Meeting Duration: 06:37 PM to 10:04 PM CALL THE MEETING TO ORDER Mayor Bill Krawietz called the meeting to order at 6:37 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 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, City Secretary Sandra V. Ham, Chief of Police Gary Haecker, Public Works Director Tim Parker, Planning Director Suzanne Williams, Finance Director Sharon Nelson, and Lieutenant Nolan Byrd REPORTS AND PRESENTATIONS 2.A. Recognition of Lieutenant Nolan Byrd for 15 years of service to the City of Bulverde. Mayor Bill Krawietz presented a plaque of recognition to Lieutenant Nolan Bryd. 2.B. Police Department: Monthly Report Report given by Police Chief Gary Haecker. 2.C. Finance Department: Monthly Report Report given by Finance Director Sharon Nelson. 2.D. Public Works Update Report given by Public Works Director Tim Parker. Page 5 of 78 2.E. Planning Department Update Report given by Planning Director Suzanne Williams. 2.F. Parks & Recreation Update Report given by Board Member Ted Golsch. 2.G. Economic Development Foundation Report given by Executive Committee Member Paula Stakes. 2.H. City Manager Update Report given by City Manager Charles West. CONSENT AGENDA ITEMS 3.A. Consider approval of the City Council Meeting Minutes from October 10, 2023. 3.B. Consider approval of the City Council Meeting Minutes from October 24, 2023. Motion: Mayor Krawietz made a motion seconded by Mayor Pro Tem, Place 3 Hughes to approve the Consent Agenda. Vote: Motion carried unanimously (7) ayes to zero (0) nays. REGULAR AGENDA ITEMS 4.A. Hold a public hearing and consider an ordinance amending the zoning for approximately 2.913-acre tract of land, in the Bulverde Retail Park Lot 2 generally located at North Highway 281 in the 100 block of Old Boerne Road, to Planned Development District. Mayor Krawietz opened the public hearing at 7:09 PM. Ten comments were received by Council. Motion: Council Member, Place 1 Morkovsky made a motion seconded by Council Member, Place 2 Chapman to deny an ordinance amending the zoning for approximately 2.913-acre tract of land, in the Bulverde Retail Park Lot 2 generally located at North Highway 281 in the 100 block of Old Boerne Road, to Planned Development District. Vote: Motion to deny carried unanimously (7) ayes to zero (0) nays. 4.B. Consider an ordinance approving a variance to Section 17.03.005, Code of Ordinances of the City of Bulverde, Texas, pertaining to Disturbance of Page 6 of 78  Slope Areas for approximately 2.913-acre tract of land, in the Bulverde Retail Park Lot 2, generally located at North Highway 281 in the 100 block of Old Boerne Road. Motion: Mayor Krawietz made a motion seconded by Council Member, Place 4 Hays to deny an ordinance approving a variance to Section 17.03.005, Code of Ordinances of the City of Bulverde, Texas, pertaining to Disturbance of Slope Areas for approximately 2.913-acre tract of land, in the Bulverde Retail Park Lot 2, generally located at North Highway 281 in the 100 block of Old Boerne Road. Vote: Motion to deny carried unanimously (7) ayes to zero (0) nays. 4.C. Consider an ordinance granting a variance to Section 17.04, Code of Ordinances of the City of Bulverde, Texas, pertaining to cut and fill requirements on an approximately 2.913-acre tract of land, in the Bulverde Retail Park Lot 2, generally located at North Highway 281 in the 100 block of Old Boerne Road. Motion: Mayor Krawietz made a motion seconded by Council Member, Place 2 Chapman to deny an ordinance granting a variance to Section 17.04, Code of Ordinances of the City of Bulverde, Texas, pertaining to cut and fill requirements on an approximately 2.913-acre tract of land, in the Bulverde Retail Park Lot 2, generally located at North Highway 281 in the 100 block of Old Boerne Road. Vote: Motion to deny carried unanimously (7) ayes to zero (0) nays. 4.D. Consider approving the addition of Finance Director Sharon Nelson to the City Bank Accounts as a signer. Motion: Mayor Krawietz made a motion seconded by Council Member, Place 1 Morkovsky to approve the addition of Finance Director Sharon Nelson to the City Bank Accounts as a signer. Vote: Motion carried unanimously (7) ayes to zero (0) nays. 4.E. Discuss and consider approval of a Resolution casting votes to elect Directors for the Comal Appraisal District for the years 2024-2025. Motion: Mayor Krawietz made a motion seconded by Council Member, Place 4 Hays to approve a resolution casting all total 23 votes to elect John Taylor as Director for the Comal Appraisal District for the years 2024- 2025. Vote: Motion carried unanimously (7) ayes to zero (0) nays. Resolution #343 Page 7 of 78 4.F. Discussion on traffic and safety concerns related to the Persimmon Hill cul- de-sac. No action taken. 4.G. Presentation and discussion on the 2024 Street Maintenance Plan. No action taken. 4.H. Consider an ordinance amending Article 6.02, Code of Ordinances of the City of Bulverde, Texas to declare it a nuisance to cause an increase in stormwater discharge or cause damage to property by diversion of water. Motion: Mayor Krawietz made a motion to approve an ordinance amending Article 6.02, Code of Ordinances of the City of Bulverde, Texas to declare it a nuisance to cause an increase in stormwater discharge or cause damage to property by diversion of water. Motion failed due to lack of a second. Motion by Mayor Krawietz was withdrawn. Vote: No action taken. 4.I. Consider an ordinance amending Article 3.01, Code of Ordinances of the City of Bulverde, Texas to impose administrative penalties for violations of building codes. Motion: Council Member, Place 4 Hays made a motion seconded by Mayor Krawietz to approve an ordinance amending Article 3.01, Code of Ordinances of the City of Bulverde, Texas to impose administrative penalties for violations of building codes, as amended to change the word "fee" to "penalty" as found in Exhibit A of the ordinance. Vote: Motion carried unanimously (7) ayes to zero (0) nays. Ordinance #745 4.J. Consider an ordinance amending Section 3.05.002, Code of Ordinances of the City of Bulverde, to require certificates of occupancy for residential buildings. Motion: Mayor Krawietz made a motion seconded by Council Member, Place 1 Morkovsky to approve an ordinance amending Section 3.05.002, Code of Ordinances of the City of Bulverde, to require certificates of occupancy for residential buildings. Vote: Motion carried unanimously (7) ayes to zero (0) nays. Ordinance #746 4.K. Discuss and consider an ordinance granting a transmission and Page 8 of 78  distribution electric utility franchise to Pedernales Electric Cooperative, Inc. for a ten (10) year term commencing on the effective date or the longest term allowed by the City Charter. No action taken. PUBLIC COMMENTS NOT RELATED TO POSTED AGENDA ITEMS Mayor Bill Krawietz opened the meeting for public comments not related to posted agenda items at 9:20 PM. One comment was received by Council. Public comments closed at 9:23 PM. REPORTS BY ELECTED OFFICIALS AND CITY STAFF ON ITEMS OF COMMUNITY INTEREST EXECUTIVE SESSION At 9:25 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(1), The City Council Shall Convene In A Closed Session To Seek Advice From The City’s Attorney Regarding Pending Litigation Styled Lynn & Kimberly Phillips vs James Eureste, Alex Garcia, Exp Realty, LLC and City of Bulverde, Texas, Cause No. C2023-1796D, 433rd District Court, Comal County, Texas. 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: i. Wastewater treatment plant planned for Diamante Ranch. ii. Amendment of Master Development Plan for Johnson Ranch development agreement submitted by DH Investments. iii. Subdivision of property abutting Stahl Lane by Lennar Custom Homes and Catenary VIS LLC. 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, 17080 State Highway 46, 17130 State Highway 46, 17102 State Highway 46, 101 Mitchell Drive, 105 Mitchell Drive, 115.517 acre tract Page 9 of 78  of land, A-23, Survey 801 A.B. & Moulton, 32.623 acre tract of land, A- 23, Survey 801 A.B. & Moulton, and 1025 Texas Oaks. v. Amendment to Development Agreement with Henry and Janet Wagner pertaining to approximately 52.886 acres located generally at 31210 Stahl Lane, Bulverde, Texas. vi. An encroachment on public right of way on Bulverde Road by Gloria Deo Academy, 1110 Bulverde Road. ACTION ITEMS FROM EXECUTIVE SESSION At 10:00 PM the City Council reconvened from Executive Session and took the following action on items discussed in 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. Motion: Council Member, Place 5 Bullock made a motion seconded by Council Member, Place 4 Hays to deny an Encroachment Agreement with Gloria Deo Academy for encroachment on public right of way on Bulverde Road at 1110 Bulverde Road. Vote: Motion to deny carried (5) ayes to (2) nays, Mayor Krawietz and Council Member, Place 6 Salmon opposed. 8.B. Consider taking action regarding the petition 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, 105 Mitchell Drive, 115.517 acre tract of land, A-23, Survey 801 A.B. & Moulton, 32.623 acre tract of land, A-23, Survey 801 A.B. & Moulton, and 1025 Texas Oaks. Motion: Mayor Krawietz made a motion seconded by Council Member, Place 2 Chapman to approve a resolution denying petitions to remove the listed properties from the City's ETJ. Vote: Motion carried unanimously (7) ayes to zero (0) nays. Resolution #344 ADJOURNMENT There being no further business to come before the City Council, the meeting was adjourned at 10:04 PM. ________________________ Sandra V. Ham City Secretary Page 10 of 78  CITY COUNCIL ITEM: 2023-488 MEETING DATE: December 5, 2023 AGENDA ITEM: 4.A. Conduct public hearing and consider an ordinance granting a variance to allow for the posting of a bond prior to recording the final plat for a 193.22 Acre tract, located at 200 Mitchell Road, Spring Branch, Texas DEPARTMENT: Planning PRESENTED BY: Suzanne Williams, Director of Planning BACKGROUND: Planning & Zoning Request: Consider a request by Phil Zaccaria for a variance to Chapter 10, Subdivision Ordinance, related to Obligations of the Subdivider, of the City of Bulverde Code of Ordinances for a 193.22 Acre tract, located at 200 Mitchell Road, Spring Branch, Texas. 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 has secured a subdivision bond and is requesting a variance to Chapter 10, 3.01 (a)(i)-the requirement of installing at his own cost and expense all the requirements by the Bulverde Ordinance. The right to request this variance is provided for in Chapter 10, 3.03 (c)(i). 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 Commissioner Porter to approve a request by Phil Zaccaria for a variance to Chapter 10, Subdivision Ordinance, related to Obligations of the Subdivider, of the City of Bulverde Code of Ordinances for a 193.22 Acre tract, located at 200 Mitchell Road, Spring Branch, Texas. Page 11 of 78  • Motion carried unanimously (7) ayes to (0) nays. ATTACHMENTS: 1. Ordinance Variance - Bond - Mitchell Ranch Page 12 of 78  ORDINANCE NO.______________________ AN ORDINANCE OF THE CITY OF BULVERDE, TEXAS GRANTING A VARIANCE TO CHAPTER 10, EXHIBIT A, SECTION 3.01(a)(i), CODE OF ORDINANCES OF THE CITY OF BULVERDE TEXAS, TO ALLOW RECORDATION OF A FINAL PLAT FOR APROXIMATELY 193.22 ACRES OF LAND GENERALLY LOCATED AT 200 MITCCHELL ROAD, SPRING BRANCH, TEXAS 78070 AFTER BOND FOR CONSTRUCTION HAS BEEN POSTED; 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 hereto as Exhibit A (the “Application”), requesting a variance from the Code of Ordinances of the City of Bulverde, Texas (the “Code”), specifically, Chapter 10, Exhibit A, Section 3.01(a)(i) of the Code, filed by Phil Zaccaria (the “Applicant”) pertaining to 193.22-acre tract of land located at 200 Mitchell Drive, Spring Branch, Texas 78070, (the “Property”); WHEREAS, Section 3.01(a)(i) of the Code requires the developer to complete all improvements within a subdivision prior to recording the final plat of such subdivision; WHEREAS, Section 3.01(b)(i) of the Code permits a developer to request a variance to Section 3.01(a)(i) such that the developer may record the final plat after providing a bond in the amount of the estimated costs of such construction without first constructing the improvements; WHEREAS, the Application requests a variance from Chapter 10, Exhibit A, Section 3.01(a)(i) of the Code such that Applicant may record the final plat of the property by posting a construction bond in the amount of $2,100,000 in lieu of completing all required improvements; 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; 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; 1 Page 13 of 78 WHEREAS, based on the above considerations, the City Council finds and determines that: (A) Undue hardship will result from strict compliance with Chapter 10, Exhibit A, Section 3.01(a)(i); (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 Chapter 10, Exhibit A, Section 3.01(a)(i) 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 platted substantially in accordance with the final plat of the Property previously approved by the City; (B) Granting the Variance does not constitute approval of any other variances or other matters which may be depicted in the Application; (C) The subdivider shall provide a corporate surety bond, irrevocable letter of credit, or escrow agreement as required and approved by the city in the amount of the estimated cost of improvements approved by the city, to ensure the proper completion of roads, drainage, water distribution facilities, and sewerage facilities, as applicable, within subdivisions involving said infrastructure. (D) The surety bond shall be executed by a surety company authorized to do business in the State of Texas and shall be made payable to the County Judge or his successors in office, of Comal County, Texas in a form approved by Comal County, Texas. The condition of the bond, letter 2 Page 14 of 78  of credit or escrow agreement shall verify that the owner or owners of the tract of land to be subdivided will construct the roads, streets, stormwater drainage, water distribution facilities, and sewerage facilities of such subdivision within one (1) year. (E) The time period for completion may be extended upon written agreement of the subdivider and Comal County. The full amount of the bond or letter of credit shall remain in force until the road construction and other infrastructure is completed and roads and other infrastructure are approved and/or accepted by Comal County. 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: 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. 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. 4. Effective Date. This Ordinance shall be effective as of the date of adoption. PASSED, APPROVED AND ADOPTED THIS ______DAY OF ____________, 20__. APPROVED: ATTEST: _______________________ ________________________ Bill Krawietz, Mayor Sandra V. Ham, City Secretary 3 Page 15 of 78 EXHIBIT A 1 of 6 Page 16 of 78 EXHIBIT A 2 of 6 Page 17 of 78  SITE EN G I N EER I N G & SU RVEY I N G EXHIBIT A 3 of 6 Page 18 of 78 EXHIBIT A 4 of 6 Page 19 of 78 EXHIBIT A 5 of 6 Page 20 of 78 EXHIBIT A 6 of 6 Page 21 of 78  CITY COUNCIL ITEM: 2023-494 MEETING DATE: December 5, 2023 AGENDA ITEM: 4.B. Consider approval of an Interlocal Cooperation Agreement between Comal County and the City of Bulverde for Animal Control Services. DEPARTMENT: Administration PRESENTED BY: Charles West, City Manager BACKGROUND: The County agrees to provide animal control services within the city limits of the City as determined to be appropriate by the Comal County Sheriff’s Office. This Agreement shall begin on January 1, 2024, and shall be effective for a term of one (1) year and may be terminated for any reason at any time by either party upon thirty (30) days written notice to the other party. FINANCIAL IMPACT: The City agrees to pay the total amount of $28,540.98 for services rendered under this Agreement. RECOMMENDATION: ATTACHMENTS: 1. Bulverde Animal Control ILA 2024 Page 22 of 78  INTERLOCAL COOPERATION AGREEMENT BETWEEN COMAL COUNTY AND THE CITY OF BULVERDE FOR ANIMAL CONTROL SERVICES This Interlocal Agreement (“Agreement”) is entered into between Comal County, Texas, a political subdivision of the State of Texas (“County”) and the City of Bulverde, Texas, a Texas home rule municipality (“City”). RECITALS WHEREAS, the County and City are authorized to enter into this Agreement pursuant to the Interlocal Cooperation Act, Chapter 791, Texas Government Code; and WHEREAS, the Comal County Sheriff’s Office employs animal control officers; and WHEREAS, the City of Bulverde desires to have the County provide animal control services within the City and further desires to designate the County’s designated Local Rabies Control Authority to serve as the City’s designated authority, as necessary pursuant to state law. NOW THEREFORE, in consideration of the premises, and of the terms, provisions, and mutual promises herein contained which fairly compensate the performing party, it is mutually agreed as follows: ARTICLE 1 – SCOPE OF SERVICES The County shall perform the following animal control services by and through the Comal County Sheriff’s Office under the terms and conditions hereinafter stated, and the City hereby accept and agrees to the following terms and conditions: 1.1 The County agrees to provide animal control services within the city limits of the City as determined to be appropriate by the Comal County Sheriff’s Office including, but not limited to, investigating citizen complaints, conducting periodic patrols to proactively enforce appropriate laws, engaging in the impoundment of stray animals, investigation of animal bite reports, quarantine of animals involved in bites, and the euthanasia of animals as necessary. 1.2 Any animals impounded by Comal County Animal Control shall be delivered to the shelter or facility under contract with Comal County. In addition to the compensation under Article 4 below, the City is responsible for reimbursing the County for any and all shelter/facility costs and fees, including, but not limited to impoundment fees, daily kenneling fees, vaccination fees, quarantine fees, euthanasia fees, and spay/neuter fees. 1.3 Nothing within the terms of this Agreement shall require the County to purchase additional equipment or hire additional personnel in order to comply with the terms of this Agreement. Page 1 of 4 Page 23 of 78  ARTICLE 2 – DESIGNATION OF LOCAL RABIES CONTROL AUTHORITY The Parties agree that the individual or entity designated by the County to serve as the local rabies control authority will serve as the local rabies control authority for the City, as necessary pursuant to Section 826.017, Texas Health and Safety Code. ARTICLE 3 – COUNTY ANIMAL REGULATIONS The parties acknowledge that the Comal County Rabies and Animal Control Order and any lawfully adopted successor orders shall apply within the city limits of the City of Bulverde. 3.1 The Comal County Sheriff’s Office will enforce the Comal County Rabies and Animal Control Order and any lawfully adopted successor orders within the city limits of the City of Bulverde. 3.2 The City agrees that any citations issued for the violation of the Comal County Rabies and Animal Control Order will be filed with the appropriate Comal County Justice of the Peace Court. ARTICLE 4 – COMPENSATION 4.1 The City agrees to pay the total amount of TWENTY-EIGHT THOUSAND, FIVE HUNDRED FORTY DOLLARS and 98/100 ($28,540.98) for services rendered under this Agreement from current revenues available to the City. Payment shall be due in equal monthly installments within thirty (30) days of invoice from the County. 4.2 Payments submitted under this Agreement shall be made payable to Comal County, Attn: Comal County Auditor, 150 N. Seguin Avenue, Suite 201, New Braunfels, Texas 78130. ARTICLE 5 – MISCELLANEOUS 5.1 Notice: Any notice required under the provisions of this Agreement shall be in writing and delivered in person or deposited in the United States Mail, registered or certified, return receipt requested. Any notice shall be deemed received three days after the date of deposit in the United States Mail, unless proof is offered to the contrary. Unless otherwise provided in this Agreement, all notices shall be delivered to the following addresses: COMAL COUNTY: CITY OF BULVERDE: Comal County Judge City Manager 150 N. Seguin Ave. 30360 Cougar Bend New Braunfels, Texas 78130 Bulverde, Texas 78163 With a copy to: Comal County Sheriff 3005 West San Antonio Street New Braunfels, Texas 78130 5.2 Amendment: This Agreement may not be amended except in a written instrument specifically referring to this Agreement and signed by the parties hereto. Page 2 of 4 Page 24 of 78 5.3 Binding Agreement: This Agreement has been duly executed and delivered by both parties and constitutes a legal, valid and binding obligation of the parties. Each person executing this Agreement on behalf of each party represents and warrants that they have full right and authority to enter into this Agreement. 5.4 Severability: In the event that one or more of the provisions contained in the Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect by a court of competent jurisdiction, this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein, but shall not affect the remaining provisions of this Agreement, which shall remain in full force and effect. 5.5 Immunity: No provision of this Agreement shall affect or waive any sovereign or governmental immunity available to either party and/or its elected officials, officers, employees and agents under Federal or Texas law nor waive any defenses or remedies at law available to either party and/or its elected officials, officers, employees and agents under Federal or Texas law. 5.6 Venue: This Agreement is entered into under and pursuant to, and is to be construed and enforceable in accordance with the laws of the State of Texas, without regard to its conflict of laws principles. Exclusive venue shall be in a court of competent jurisdiction in Comal County, Texas. 5.7 Third Party: The parties to this Agreement do not enter this Agreement to protect any specific third party. The intent of this Agreement excludes the idea of a suit by a third party beneficiary. The parties to this Agreement do not consent to the waiver of sovereign or governmental immunity under Texas law to the extent any party may have immunity under Texas law. 5.8 Joint Venture and Agency: The relationship between the parties to this Agreement does not create a partnership or joint venture between the parties. This Agreement does not appoint any party as agent for the other party. 5.9 Headings: The headings of this Agreement are for the convenience of reference only and shall not affect in any manner any of the terms and conditions herein. 5.10 Term and Termination: This Agreement shall begin on January 1, 2024, and shall be effective for a term of one (1) year. This Agreement may be terminated for any reason at any time by either party upon thirty (30) days written notice to the other party. 5.11 Entire Agreement: This Agreement contains the entire agreement between the parties and correctly sets forth the rights, duties and obligations of each to the other as of the Effective Date. Any oral representations or modifications concerning this Agreement will be of no force or effect excepting a subsequent written modification executed by both parties. IN WITNESS WHEREOF, the parties hereto have signed this Agreement as of the date below: COMAL COUNTY, TEXAS: CITY OF BULVERDE, TEXAS: Page 3 of 4 Page 25 of 78 ________________________________,2023 _________________________________,2023 _______________________________________ _________________________________________ COUNTY JUDGE, SHERMAN KRAUSE MAYOR, BILL KRAWIETZ _______________________________________ _________________________________________ ATTEST: COMAL COUNTY CLERK ATTEST: CITY SECRETARY BOBBIE KOEPP _______________________________________ SHERIFF, MARK REYNOLDS Page 4 of 4 Page 26 of 78  CITY COUNCIL ITEM: 2023-490 MEETING DATE: December 5, 2023 AGENDA ITEM: 4.C. Presentation, discussion, and possible action on the 2024 Street Maintenance Plan. DEPARTMENT: Public Works PRESENTED BY: Timothy Parker, Director of Public Works BACKGROUND: Public Works Director Tim Parker initially presented the FY24 Street Maintenance Plan at the November 14th Regular City Council meeting. Director Parker has provided additional information on pavement preservation through Save My Road. Save My Road is an educational site for agency and consulting engineers, roadway planners and contractors looking to expand their knowledge of pavement preservation. This information can be accessed at https://savemyroad.com/pavement-preservation. FINANCIAL IMPACT: RECOMMENDATION: ATTACHMENTS: 1. Status Review & Proposed CIP Projects 2. David Kopp - Under Utilized Preventive Maintenance Treatments (Short Course 2023) Page 27 of 78 STATUS REVIEW AND PROPOSED CIP PROJECTS November 14, 2023 Presented by: Tim Parker, PE Public Works Director City of Bulverde Bregger Garrison, PE Freese and Nichols, Inc. Chance Sparks, AICP, CNU-A Freese and Nichols, Inc. Page 1 of 20 Page 28 of 78 STAFF AUGMENTATION TEAM PLANNING TRANSPORTATION/INFRASTRUCTURE Chance Sparks, AICP, CNU-A Bregger Garrison, PE Caroline Stewart Erin Mills, PE, ENV SP, PACP Lora Socarras Melissa Byler, PE Manuel Agular, EIT STORMWATER ENGINEERING Ellen Maas, PE George Fowler, PE, CFM Elise Arceneaux, EIT, CFM TRAFFIC ENVIRONMENTAL Sandip Faldu, PE Kara Marks Nana Zhu Page 2 of 20 Page 29 of 78 DEVELOPMENT REVIEW 144 Reviews Performed (April-November 2023) 108 Permit Reviews 36 Development Project Reviews (plats, development plans, etc.) 89 Initial Submittals and 55 Resubmittals Page 3 of 20 Page 30 of 78 PROCESS SUPPORT ACTIVITIES 18 Project Coordination Meetings 3 Board and Council Activities Attended Numerous support activities by phone call and email Page 4 of 20 Page 31 of 78 POLICY AND COMPREHENSIVE PLAN December 4th initiation with City Staff Data request to staff sent Will begin pulling community snapshot information in December Engagement beginning after the holidays Drafting some simple amendments pertaining to timing of construction plans vs. plats Page 5 of 20 Page 32 of 78 CITY ENGINEERING SUPPORT Oak Village North • Provided Clarification on Floodplain Issues • Reviewed Citizen Complaints • Evaluated Options for Stormwater Improvements Parks • Provided Boundary Survey of 5-acre and 10-acre sites Standards • Provided input and updated details for existing driveway and mailbox turnout Bulverde at Bulverde Lane • Performed a traffic study for the intersection of Bulverde at Bulverde Lane • Developed schematic layout of mini-roundabout alternative Bulverde at Casey • Analyzed and sized a culvert for Casey Road to improve drainage from the southeast corner Page 6 of 20 Page 33 of 78 CITY HALL BRIDGE TO POLICE DEPARTMENT Project Scope: Add 3 – 5’x3’ box culverts Add vehicular and pedestrian connectivity Add illumination Project Cost: $400,000 (Funding Source: COVID) Page 7 of 20 Page 34 of 78 Potential Projects Page 8 of 20 Page 35 of 78 ANNUAL PROGRAM FUNDING Project Scope: Construct mini roundabout at Bulverde Rd and Bulverde Ln Project Cost: $845,090 Bulverde Road Roundabout Page 9 of 20 Page 36 of 78 ANNUAL PROGRAM FUNDING Project Scope: • 2 course chip seal maintenance of Heimer Cove • Cul-de-sac curb and gutter • Cul-de-sac asphalt overlay Cost Proposal: $99,250 Heimer Cove Maintenance Page 10 of 20 Page 37 of 78 ANNUAL PROGRAM FUNDING Project Scope: A. Full depth reconstruction of Kleck Park Stahl Lane and culvert crossing B. Chip seal maintenance Project Cost: A. $838,138 B. $123,024 ($40,336/1000 LF) Per 2021 Fugro report: roadway is in ‘Serious’ category Stahl Lane Rehabilitation Page 11 of 20 Page 38 of 78 ANNUAL PROGRAM FUNDING Project Scope: • Sawcut existing pavement edge • Place 8-12” concrete ribbon • Add raised edge striping • Minimum 11' lanes and 1-2' shoulder Project Cost: $1,053,248 ($99,800/1000LF) Bulverde Road Concrete Safety Shoulder Page 12 of 20 Page 39 of 78 ANNUAL PROGRAM FUNDING Bulverde Road Concrete Safety Shoulder Typical Section Page 13 of 20 Page 40 of 78 ANNUAL PROGRAM FUNDING Project Scope: • Sawcut existing pavement edge • Place 8”-10” concrete ribbon • Chip seal Project Cost: $457,317 ($57,742/1000LF) Deerfield Terrace Improvements Page 14 of 20 Page 41 of 78 ANNUAL PROGRAM FUNDING Deerfield Terrace Improvements Typical Section Page 15 of 20 Page 42 of 78 OAK VILLAGE NORTH FUNDING Background: • FNI evaluated the capacity of the existing culvert crossing • FNI developed 3 options to improve the crossing • The capacity of the current and proposed culvert is constrained by the downstream channel • This project will be proposed as a Phase 1 of a multi-phased approach Circle Oak Drive SW Culvert Improvement Page 16 of 20 Page 43 of 78 OAK VILLAGE NORTH FUNDING Option 2 (Project Cost: $360k) Circle Oak Drive • Replace the existing culvert with 3 – 3’ x 8’ SW Culvert Improvement boxes • Widen downstream channel (from 10’ to Option 1 (Project Cost: $250k) 20’) • Replace the existing culvert with 2 – 3’ x 8’ boxes • ~40’ of pavement reconstruction • ~30’ of pavement reconstruction • Road overtops at 2-year storm • Road overtops at 1-year storm but improves crossing hydraulically Page 17 of 20 Page 44 of 78 OAK VILLAGE NORTH FUNDING Circle Oak Drive SW Culvert Improvement Option 3 (Project Cost: $450k): • Replace the existing culvert with 3 – 4’ x 8’ boxes • Raise road for larger boxes • ~80’ of pavement reconstruction • Road passes the 5-year storm • Will include upstream grading *Potential need for water utility adjustment for all options, not included Page 18 of 20 Page 45 of 78 ANNUAL PROGRAM FUNDING Fugro Pavement Condition Survey Project Scope: • 130 lane-miles of pavement condition data • Pavement Condition Index score tabulation • Data summary report Cost Proposal: $98,000 Page 19 of 20 Page 46 of 78 ANNUAL PROGRAM FUNDING Project Scope: • 400’ Right Turn Lane from Bulverde Road to SH 46 • Provides separate queueing lane for left and right turns Project Cost: $150,590 Bulverde Road Right Turn Lane at SH 46 Page 20 of 20 Page 47 of 78 Pavement & Coating Resources Underutilized Preventive Maintenance Treatments David C. Kopp, P.E. Page 48 of 78 Pavement & Coating Resources Page 49 of 78 Pavement & Coating Resources $2 $4-8 $12-18 Page 50 of 78 Pavement & Coating Resources Preventive Maintenance Treatments • Fog Seal • Micro Surfacing • Rejuvenating Fog Seal • Thin Lift Overlays • Onyx • Cape Seal • Scrub Seal • Mill and Fill or Hot In- Place Recycling • Crack Seal • Seal Coat Page 51 of 78 Pavement & Coating Resources Fog Seals • Seal the pavement • Inhibit raveling • Enrich hardened/oxidized asphalt • Provide delineation with shoulders • Most effective on pavements in good condition exhibiting: • Hairline cracks • Raveling • Oxidation • Conventional fog seal extends the pavement life 1 to 3 years • Effectiveness improves with repeated applications • Can be applied by TxDOT crews Page 52 of 78 Pavement & Coating Resources Two Types of Fog Seals Conventional Fog Seal – Adds asphalt to the existing surface and seals the surface. Light application of diluted, slow-setting asphalt emulsion used without cover aggregate. Slow-setting emulsion: CSS-1H or SS-1H diluted with water Typically diluted 40% emulsion, 60% water Application Rate: 0.08 to 0.20 (Use test strip to verify rate) Rejuvenating Fog Seal – Restores “lighter ends” or maltene fraction to the original asphalt that has been lost through the years due to traffic and hot, dry weather. Emulsion: CMS-1P Application Rate: 0.05 to 0.15 (Use test strip to verify rate) Page 53 of 78 Pavement & Coating Resources Rejuvenating Fog Seal • 2- to 4-year service life extension • Corrects more severe distresses than conventional fog • Repeat applications possible • Quick return to traffic (typically within 1.5 hours) • Increased pavement durability due to polymer modified asphalt base • Resistant to tracking • Extends the life of OGFC pavements (PFC) by as much as 33% with a single application • Can be applied by TxDOT crews Page 54 of 78 Pavement & Coating Resources Rejuvenating Fog Seal Page 55 of 78 Pavement & Coating Resources Rejuvenating Fog Seal Page 56 of 78 Pavement & Coating Resources Onyx • Frictional mastic surface treatment • Mixture of asphalt emulsions, fine aggregates, polymers and catalysts • More durable roadways • Maintains dark color longer • Applied in two passes for a total applied rate of 0.25 gal/sq yd • Work must be contracted due to special distributor Page 57 of 78 Pavement & Coating Resources Onyx Page 58 of 78 Pavement & Coating Resources Onyx Page 59 of 78 Pavement & Coating Resources Onyx Over Seal Coat Page 60 of 78 Pavement & Coating Resources Scrub Seal A scrub seal repairs severe distresses and rejuvenates the asphalt’s quality and durability in the process. • Corrects severe pavement distress • Less than half the cost of a mill and fill • Extends the life of older pavements 6 to 7 years • Renews surface friction • Protects the road from continued deterioration • Used as an interlayer / first course of cape seal • Mass crack filler • Emulsion: CMS-2P • Can be applied by TxDOT crews Page 61 of 78 Pavement & Coating Resources Scrub Seal • Seven Districts Have Eight Scrub Brooms • Abilene • Amarillo • Lubbock (2) • San Angelo • San Antonio • Tyler • Wichita Falls • Three Contractors Have Scrub Brooms • Clark Construction of Texas • CDM Holdings • Intermountain Slurry Seal, Inc. Page 62 of 78 Pavement & Coating Resources Crack Seal Art Page 63 of 78 Pavement & Coating Resources Crack Seal Art Page 64 of 78 Pavement & Coating Resources Crack Seal Art Page 65 of 78 Pavement & Coating Resources Scrub Seals • Rapid fill cracks >1/4” • Ability to restore severely distressed roads • Used in cape seal applications Page 66 of 78 Pavement & Coating Resources Scrub Seal Page 67 of 78 Pavement & Coating Resources Micro Surfacing • Uses Aggregate Types II & III • Used on all road types • Quick return to traffic • Scuff resistant • Enhanced durability • High-friction surface • Reduces raveling • 5-to 7-year service life • Emulsion: CSS-1P • Work must be contracted due to specialized equipment Page 68 of 78 Pavement & Coating Resources Micro Surfacing Page 69 of 78 Pavement & Coating Resources Micro Surfacing Page 70 of 78 Pavement & Coating Resources Micro Surfacing Page 71 of 78 Pavement & Coating Resources IH 10 San Angelo District Ozona, Texas TxDOT Improves Friction/Skid Resistance With Micro Surfacing Page 72 of 78 Pavement & Coating Resources Premium Micro Surfacing • HiMod polymer design – 6% SBS as opposed to 3%-3.5% • Same micro surfacing equipment • Same crew • Same return-to-traffic time • Same design • High-friction surface • Reduces raveling and addresses rutting • Emulsion: CSS-1EP via a TxDOT Spl Prv 350-002 • 7- to 9-year service life • Work must be contracted due to micro surfacing equipment Page 73 of 78 Pavement & Coating Resources What is a Cape Seal? A cape seal is a chip seal or scrub seal with a surface such as slurry seal, micro surfacing or HiMod micro applied on top. Page 74 of 78 Pavement & Coating Resources Cape Seal • Addresses mass cracking • Moisture intrusion • Cost-effective alternative to mill and fill • Provides high-friction surface • No seal coat or scrub seal stand-alone • Addresses oxidation and raveling • Restores uniform black appearance • 8- to10-year service life Page 75 of 78 Pavement & Coating Resources FDR TxDOT In-House FDR Crews Chris Henry Maintenance Division chris.henry@txdot.gov Page 76 of 78 Pavement & Coating Resources Questions? Page 77 of 78 Pavement & Coating Resources Thank you . David C. Kopp, P.E. Ergon Asphalt & Emulsions Inc. 830.708.6647 david.kopp@ergon.com Page 78 of 78  City of Bulverde Police Department November 2023 Monthly Report Date: November 1st, 2023 To: City Manager, Mayor and City Council Submitted by: Gary Haecker, Chief GENERAL INFORMATION Topic: November Monthly Report CALLS FOR SERVICE Bulverde Police Department had 1,476 Calls for Service. Comal Trace 1 Hwy 281 147 Bulverde Crossing 148 Hwy 46 255 Bulverde Estates 38 Oak Village N 136 Bulverde Hills 21 Oakland Estates 44 FM 1863 21 Shepherd’s Ranch 1 City Hall/BPD Walk-ups 41 Belle Oaks 28 County 13 Outside County 0 Centennial Ridge 0 Windmill Ranch 6 Berry Oaks 5 Singing Hills 334 Bulverde City Park 139 Highlands 3 Edgebrook 47 Ammann Rd 3 Persimmon Hill 1 Bulverde Road 48 Heimer Lange 1 Elm Valley 1 ARRESTS - Total arrests – 31 Public Intoxication 1 Driving While Intoxicated 4 1  Theft $2500-$30K 2 Resist Arrest 1 Warrants 10 Fail to Identify Fugitive from Justice 2 Possession Controlled Substance 6 Manufacture Deliver Controlled Substance 1 Evading Arrest using Vehicle 1 Possession Drug Paraphernalia 1 Possession Dangerous Drug 1 Cruelty to Animals 1 ACCIDENTS - Bulverde Police investigated 23 crashes. LOCATION PROPERTY INJURY FATALITY Hwy 281 6 4 2 Hwy 46 10 10 FM 1863 4 3 1 Singing Hills 3 3 TRAFFIC ENFORCEMENT Citations 589 Violations 839 Warnings 251 Average Speed Citation (mph over the limit) Hwy 281 21.5 Hwy 46 15.2 FM 1863 22.0 Other 17.8 INVESTIGATIONS Code Compliance Code Compliance 8 Cases Closed 8 Follow Up Activities 0 Citations Issued 0 Warning Citation 1 Pending 0 BPD Cases: Assigned 29 2 Interviews 67 Filed County DA 18 Filed Municipal Court 0 Warrants 3 Subpoenas 0 Citation 0 Closed 27 Supplements 177 Calls for Service 21 Reports 4 Investigations/Significant Events 11/01 – Deceased Person – Oak Village North. An officer was requested for a 77-year-old female who passed away. There were no suspicious circumstances suspected or observed. 11/01 – Forgery – RBFCU. A customer advised someone was able to cash of couple of his checks online and somehow withdrew money from his account. Subject referred to the county since that’s where he resides. 11/01 – Theft $0-$100 / Warrant Service / Trespassing – Home Depot. Asset protection personnel were on location at the Homem Depot and had two known thieves at the location. Upon contact both were found to have items concealed in their purses. One lied about her identity and gave a different name due to a theft warrant out of Bexar County. One arrested both trespassed, both cited and one released. 11/01 – Warrant Service – Home Depot. Officers were requested by Asset Protection for two known thieves inside the store. Contact was made with the pair, and you guessed it, both had warrants out of Bexar County for multiple theft charges and assault. Two arrested and their car was impounded. 11/02 – Harassment – Rahe Bulverde Elementary School. The SRO was approached by a parent who advised of another parent who’s been harassing her. The harassment has been by electronic means but also in person. The school has also been notified of the incident. 11/02 – Traffic Stop / Possession Controlled Substance – Singing Hills. A vehicle was stopped for almost causing a collision. The officer developed probable cause which led to several THC pens. One subject was arrested and transported to jail. 11/03 – Burglary Motor Vehicle – Bulverde Hills. Complainant advised someone had gotten into both of their vehicles overnight. Both vehicles were unlocked and the only thing missing was possibly a house key. 11/03 – Burglary Motor Vehicle – Bulverde Hills. Complainant advised that sometime during the overnight hours both of their vehicles were gone through. Complainant advised the only thing missing was a pocketknife. 11/03 – Burglary Motor Vehicle – Bulverde Hills. Complainant advised her car was gone through sometime overnight. The car was unlocked, and the thieves used her card at the QT in Spring Branch. Attempts to get video are underway. 11/03 – Traffic Stop / Warrant Service – Hwy 281. A vehicle was stopped for a traffic violation. The car reeked of weed and the driver stated his stash was in his backpack. The weed was exchanged for a citation, but the driver had a warrant out of Bexar County. The subject was arrested for the warrant and transported to the county jail. 3 11/03 – Burglary Motor Vehicle – Bulverde Hills. Complainant advised two subjects are on video entering his unlocked vehicles shortly after midnight. Only one item of value was taken. A car stops in the street and two turds run up and do their thing then run back to the car. 11/03 – Burglary of Motor Vehicle – Bulverde Hills. Another car burglarized overnight that was left unlocked. The only thing missing was cash. If QT can come through with some video we might locate some suspects. 11/03 – Fatal Crash – FM 1863. Witnesses state a vehicle swerved to miss a deer and lost control. The vehicle then crossed over the center lane marker and was struck by a vehicle going the opposite direction. The driver of the vehicle that swerved was the deceased. 11/04 – Deceased Person – Oak Village North. An officer was requested for a 59-year-old male that was deceased. The subject suffered from several ailments including COPD, and congestive heart failure. There were no suspicious circumstances suspected or observed. 11/05 – Traffic Stop / DWI Blood Draw – Hwy 281. A vehicle was stopped for speeding. The driver exhibited signs of intoxication and failed the SFST’s. A blood warrant was signed, and a specimen was obtained. Subject transported to county jail. 11/05 – Trespassing – Aw Chi Wawa. An officer was requested by the manager reference their ex-boyfriend harassing them. The manager stated he wanted his ex-boyfriend trespassed from the location. The ex was located in the Walmart parking lot and was trespassed from the location. He stated he understood the CTW and left the location. 11/05 – Criminal Mischief $100-$750 – Taco Bell. An officer was requested by management for damage to their drive-thru. Sometime during the overnight hours, a vandal threw a rock at the drive-thru sign causing damage. 11/05 – Warrant Service – Tractor Supply. A deputy was out with a subject on a traffic stop who had warrants with BMC. The subject was able to place a small cash bond with the court which secured a spot on the docket to speak with the judge. 11/05 – Disturbance – Bulverde Hills. Officers were dispatched to a residence where about 6 years ago a deputy was shot as well as the suspect. This time there was a disturbance between a male and female, with the female looking like the aggressor, but she fled before officers could arrive. Victim signed a no-prosecution affidavit. 11/06 – Deceased Person – Heights of Bulverde. An officer was requested for an 84-year-old male who passed way while in hospice. There were no suspicious circumstances suspected or observed. 11/06 – Traffic Stop / Fail to ID Fugitive – Hwy 281. A vehicle was stopped for an equipment violation. The driver had no drivers license so the passenger provided a name and DOB which turns out was false. Once the officer called her bluff, she provided her real name which (shocker) she had warrants out of Bexar County. One subject arrested and a vehicle impounded. 11/07 – Traffic Stop / UUMV / Evading / POCS – Hwy 281. An officer attempted to stop a vehicle for several traffic violations. The driver fled north on Hwy 281 with his tires being spiked near the river bridge. The driver then fled on foot only to be captured a short time later. The subject should be calling Comal County home for a little while. 11/07 – Traffic Stop / Possession Drug Paraphernalia – Hwy 281. A vehicle was stopped for a traffic violation. While on the stop, the officer developed probable cause which led to some marijuana and paraphernalia. The contraband was exchanged for a citation and court date. 11/08 – Reckless Driver / Impound – Hwy 281. Officers were dispatched for a reckless driver. The vehicle was located, and the driver was found to be unlicensed. The driver was cited and released but the vehicle wasn’t so lucky. 11/08 – Traffic Stop / Possession Controlled Substance – Hwy 281. A vehicle was stopped for expired registration. While on the stop the officer located marijuana, meth pipes and methamphetamine. Two subjects took a ride to the county jail. 4 11/08 – Traffic Stop / Warrant Service – Hwy 281. A vehicle was stopped for an expired registration. The driver did not have a driver’s license but did have several BMC warrants. The subject was able to get online and pay the warrants in full. The driver was released with new citations and the vehicle was impounded. 11/09 – Trespassing – Oakland Estates. Complainant advised they observed a subject who they are familiar with on their Ring camera when they were not home. The homeowner told the subject on the Ring camera to leave. Complainant requested a CTW be issued. 11/09 – Warrant Service – County. Dispatch advised a Deputy was out with a subject who had warrants with BMC. The warrants were pulled and given to CCSO Deputy Lanigan. 11/10 – Public Intoxication / Resist Arrest – Whataburger. Two BPD officers were eating at Whataburger when a drunk citizen started asking questions of the officers. The subject then started harassing Whataburger employees and started yelling F… Bulverde PD. The subject was arrested but only after he decided he wanted to resist arrest. Subject delivered to the county jail. 11/10 – Theft $0-$100 – Walmart. Officers were dispatched to Walmart for three subjects who were stealing. The subjects were located, and items were recovered. All three trespassed, issued citations and released. 11/10 – Theft $0-$100 – AutoZone. An officer was requested to the location for a thief that placed items on the counter then decided he would just take them and leave. A license plate was obtained, but AutoZone did not want to prosecute. 11/10 – Deceased Person – Heights of Bulverde. An officer was requested for a 95-year-old female who passed away while in Hospice Care. There were no suspicious circumstances suspected or observed. 11/10 – Disturbance – Hwy 46. Officers were dispatched for a disturbance between family members. Two of the subjects were stopped as they were leaving. The incident was verbal only. 11/11 – Traffic Stop / Possession drug Paraphernalia – Singing Hills. A vehicle was stopped for a traffic violation. The driver was found to be in possession of vapes, tobacco and drug paraphernalia. 11/11 – Traffic Stop / Warrant Service – Hwy 281. A vehicle was stopped for an expired registration. One of the passengers was found to have a warrant out of Sutton County. The warrant was confirmed, and the subject was arrested and transported to the county jail. 11/11 – Theft – Walmart. An officer was requested to meet with asset protection personnel reference two thieves that pushed a cart out one of the side doors. We are awaiting video footage of the incident. 11/13 – Deceased Person – Heights of Bulverde. An officer was requested for a 66-year-old female who passed away while in Hospice. There were no suspicious circumstances suspected or observed. 11/13 – Traffic Stop / Possession Drug Paraphernalia – Hwy 281. A vehicle was stopped for an expired registration. The officer was able to locate marijuana, drug paraphernalia and an open bottle of Patron. The contraband was exchanged for a citation. 11/13 – Fraud – Oakland Estates. An officer was requested for a report of fraud. Complainant advised someone charged over $17k to the account. It is unknown where the fraud originated. 11/13 – Road Rage – FM 1863. Caller requested an officer make a report about a raging driver that followed them top their residence. A license plate was obtained, and contact was attempted but of course the rager didn’t answer the phone. 11/13 – Theft $0-$100 – Walmart. An officer was requested to the location for two subjects inside the store concealing items. The pair were stopped with one giving up what he stole and the other arguing they weren’t asked to provide a receipt. Didn’t really matter as they had no receipt. Citation and CTW issued, and the pair released. 11/14 – BPD attended a BSB Chamber of Commerce Government Affairs Committee meeting. 5 11/14 – Recovered Property – City Hall. A package arrived with a handgun that was previously stolen here in Bulverde. The gun was recovered in Houston where it was used in a home invasion. The owner was contacted to retrieve their handgun. 11/14 – BPD attended an Oakland Estates HOA meeting. 11/14 – CPS Referral – Oak Village North. Received a referral from CPS reference possible child neglect in OVN. There was no report of any abuse, just possible neglect. To be followed up on with a knock and talk attempt. 11/14 – BPD attended a Bulverde City Council Meeting. 11/14 – Traffic Stop / Warrant Service – Hwy 281. A vehicle was stopped for expired registration. The driver was found to have a DWI warrant out of Bexar County which was confirmed. The subject was arrested and transported to jail. 11/14 – Road Rage / Assault – Hwy 281. Reporting party stated they had a road rage incident with a driver on Hwy 281. The other driver threw hot coffee at her when she stopped. Charges are pending, depending on what the other party responds with. 11/14 – Identity Theft – City Hall. Complainant advised someone attempted to open a credit card in their name and without their consent. Luckily the bank froze her accounts before any money was lost to the thieves. 11/14 – Traffic Stop / DWI Blood Draw – Hwy 281. A vehicle was stopped for multiple traffic violations. The driver exhibited signs of intoxication and failed the SFST’s. A blood warrant was signed, and a specimen was collected. 11/15 – BPD attended an AACOG Regional Emergency Preparedness Action Committee meeting. 11/15 – Traffic Stop / Warrant Service – Hwy 281. A vehicle was stopped for a traffic violation. Upon identifying the driver, it was found he had a warrant out of Comal County. The subject was arrested and transported to jail. 11/16 – Warrant Service – City Hall. A subject was found to be hanging out at the county jail after being arrested a few days earlier by the county. BMC had warrants on the subject and was able to get the warrants served before they vacated their room. 11/16 – Trespassing – Bulverde Estates. An officer was requested for two neighbors having a disagreement about a property line. One neighbor requested a trespass warning be issued to their neighbor. The CTW was issued, and the neighbor stated they understood. 11/17 – Traffic Stop / Possession Drug Paraphernalia – Hwy 281. A vehicle was stopped for a violation. The driver did not have insurance but did have a small stash of weed. The weed was exchanged for a citation and the driver was released. 11/17 – Traffic Stop / Possession Controlled Substance – Hwy 281. A vehicle was stopped for defective equipment. The driver had no driver’s license or insurance but did have BMC warrants, an open container, marijuana and rounded it out with just under 2 grams of methamphetamine. She was arrested and transported to jail. 11/18 – Traffic Stop / Possession Controlled Substance – Hwy 281. A vehicle was stopped for an equipment violation. Neither the driver no the passenger could muster a valid driver’s license. During the encounter, methamphetamine and several prescription pills were located. Two subjects arrested on POCS charges. 11/18 – Littering – CVS Drive Thru. A citizen observed a subject throwing trash from their vehicle while in the parking lot. A name, address and phone number were located on one of the discarded items. Follow-up with the reporting party to see if a suspect can be identified. 11/18 – Suspicious Circumstances / POCS – FM 1863. An officer was dispatched for a suspicious vehicle. Upon locating the vehicle and the driver, methamphetamine, cocaine and marijuana were located in the vehicle. One subject was arrested and transported to jail. 6 11/18 – Traffic Stop / Possession Drug Paraphernalia – Hwy 281. A vehicle was stopped for an expired registration. During the stop, the officer located marijuana alcohol and paraphernalia. The minor was cited for several violations and released. 11/18 – Road Rage – FM 1863. A motorcyclist and the driver had a incident with the mirror of the Tesla being broken. The driver of the Tesla will try to get a license from the video of his Tesla. 11/19 – Deceased Person – Heights of Bulverde. An officer was requested for a 66-year-old female who passed away while in hospice care. There were no suspicious circumstances suspected or observed. 11/20 – Theft of Service – Beautiworks. A customer received a haircut, and several other services totaling $311. The customer’s card was declined, and the customer promised to return and pay. She then tried to negotiate down to $150. Subject agreed to pay. 11/20 – Theft of Service – Walmart. A customer received a service on their vehicle and then decided to drive off without paying. Now a $26 bill may very well be $526 with fines and fees. Not the brightest light on the Christmas Tree. Citation issued. 11/21 – Burglary of Building – On the Grind. Employees noticed a broken window when they arrived to open the store. Video shows a single thief breaking a window and then walk out the back door with a safe. 11/21 – Burglary of Building – Thai Lao Orchid. An employee arrived to find the front glass broken. A thief went inside and stole items from inside the restaurant. Blood evidence was recovered and will be sent to Austin for hopefully a match. Interestingly the thief at On the Grind appears to have injured their hand while climbing through the window. 11/21 – Warrant Service – City Hall. A subject was found to be chillin at the county cooler. The cat had several BMC warrants which were served before checking out. 11/21 – Traffic Stop / Warrant Service – Casey Road. A vehicle was stopped for speeding. The driver was found to have warrants with BMC. The warrants were paid in full online, and the subject was released. 11/22 – Traffic Stop / Possession Drug Paraphernalia – Hwy 46. A vehicle was stopped for an illegal U-turn. The 18-year-old driver had marijuana and vape pens. The items were exchanged for a couple of citations. 11/22 – Traffic Stop / Possession Drug Paraphernalia – Oakland Estates. A vehicle was stopped for speeding and expired registration. While on the stop, marijuana and paraphernalia were located. The subject was cited and released. 11/23 – Warrant Service – County. A county deputy was out with a subject who had county warrants as well as BMC warrants. The deputy requested our warrants so they could serve those as well. 11/24 – BPD participated in and provided traffic and security for the Bulverde Christmas Lighting event downtown. There were no reported incidents. 11/24 – Deceased Person – Oakland Estates. An officer was requested for a 68-year-old male who was found to be deceased ay his residence. The subject suffered from many health issues and was a heavy drinker and smoker according to family. No suspicious circumstances suspected or observed. 11/24 – Reckless Driver / DWI / Blood Draw – Hwy 46. An officer was dispatched for a reckless driver who struck another vehicle. The driver of the reckless vehicle was intoxicated and refused to provide a specimen. A warrant was signed, and a sample was obtained. The subject was then transported to jail. 11/24 – Warrant Service – County. A deputy contacted BPD reference a subject they were out with who had BMC warrants. The subject was able to get online and pay to avoid a trip to visit the county jail. 7 11/24 – Traffic Stop / MIP / UCW – Bulverde Road. A subject drove around a barrier that was set up for an event downtown. The subject lied and said he lived on Bulverde Road and didn’t have his ID with him. He had his ID, didn’t live on Bulverde Road, had alcohol and a firearm in the car. 11/24 – Reckless Drivers – Bulverde Car Wash. Officers were dispatched to reckless drivers in the parking lot. One subject was cited for a violation, and several were asked to leave. 11/25 – Deceased Person – Heights of Bulverde. An officer was requested for a 68-year-old male who passed away while in hospice. There were no suspicious circumstances suspected or observed. 11/25 – Traffic Stop / Possession Drug Paraphernalia – Hwy 281. A vehicle was stopped for expired registration. The vehicle reeked of weed. When questioned the driver pointed to a pipe on the center console. His weed and paraphernalia were taken and exchanged for a citation. 11/25 – Theft $100-$750 – Walmart. An officer was requested for a couple who walked out with a full basket after their card was declined. The subjects were contacted a few days later and said they thought it went through. They returned and paid for the items. 11/25 – Traffic Stop / Possession Drug Paraphernalia – Hwy 281. A vehicle was stopped for expired registration. The driver had an open container in the car as well as weed and drug paraphernalia. The contraband was exchanged for a citation. 11/26 – Traffic Stop / Warrant Service / Recovered Stolen – Hwy 281. A vehicle was stopped after the trailer tag showed stolen. The driver lied about his name and DOB because he had two warrants in Comal County and Two in Bexar County. The trailer and the tag were both found to be stolen as well. One subject now has a NB address in the county jail. 11/27 – Crash / Disturbance / DWI – Hwy 281. An officer was dispatched for a crash with two subjects in a disturbance. One subject was arrested for DWI and Unlawful Carry of Firearm after leaving a business and causing a crash. 11/27 – Traffic Stop / Warrant Service / Possession Drug Paraphernalia – Singing Hills. A vehicle was stopped for expired registration. The driver was found to be in possession of marijuana, had a warrant out of another county, and had no driver’s license. One subject transported to the county jail. 11/27 – Credit Card Fraud – FM 1863. Complainant wanted to speak with an officer reference an attempted charge for over $2700 in New York on one of their cards. The transaction was declined, no monetary loss at this time. 11/27 – Theft / Lost Firearm – City Hall. Complainant advised they may have had their firearm stolen out of their vehicle while at Discount Tire. The reporting person wasn’t positive but just knew their firearm was missing. 11/28 – Traffic Stop / Warrant Service – Hwy 281. A vehicle was stopped for expired registration. The driver was found to have a DPS warrant for his arrest. The warrant was confirmed, and the subject was transported to jail. 11/28 – Suicidal Subject / Emergency Detention – Old Boerne Road. An officer was requested for a suicidal subject. The subject had taken a bunch of pills to end their life. The subject was transported to the hospital on an emergency detention. 11/28 – Traffic Stop / Warrant Service / POCS – Hwy 281. A vehicle was stopped for a violation. While on the stop, the driver was found to be unlicensed, on the BMC warrant list and in possession of marijuana and controlled prescription drugs not prescribed to him. One arrested and transported to New Braunfels. 11/28 – Warrant Service – City Hall. A subject came to the PD on a different issue but was found to have a warrant out of Bexar County for Injury to a Child. He was arrested and transported. 11/28 – Theft $2500-$30k / Warrant Service – Home Depot. Officers were dispatched for a theft in progress at Home Depot. Upon arrival officers were directed to a gray vehicle with a subject 8 trying to drive away. The driver stopped and was arrested for over $3k in stolen HD merchandise and on a felony theft warrant out of Travis County. 11/28 – Traffic Stop / Possession Drug Paraphernalia – Hwy 281. A vehicle was stopped for an equipment violation. The driver had no driver’s license but did have some marijuana. The driver was cited and released; the vehicle was impounded due to no licensed driver. 11/28 – Assist Fire/EMS – Rahe Bulverde Elementary School. A student fell and hit their head causing a seizure. The BPD officer who was on scene provided assistance until EMS arrived and transported the student. 11/29 – Animal Cruelty – Walmart Parking Lot. Officers were dispatched to the location for a subject abusing his dogs by punching them and throwing them to the ground. The subject was arrested when two witnesses gave statements corroborating the cruelty to animals. 11/29 – Warrant Service – City Hall. A deputy was out with a subject in the county who had BMC warrants. The subject was able to get online and pay on the warrants. 11/30 – Crash – Public Intoxication – Shepherds Ranch. Officers were dispatched for a crash on Brand Road. Upon arrival there were contradictory stories. One subject released oner was arrested for Public Intoxication. 11/30 – Traffic Stop / Warrant Service – Singing Hills. A vehicle was stopped for expired registration. The driver was found to have BMC warrants and stated he would not be p paying them. The subject was arrested and transported to jail. Routine Calls for Service Assist CCSO Business and Residential Alarms Shots Fired Lost Property Civil Matters Disturbances (unknown) Suspicious Circumstances Warrant Service Suspicious Persons Reckless Drivers Traffic Hazards 911 Hang-ups Possession Drug Paraphernalia Blue Form Crashes Noise Disturbances Welfare Checks Harassments Suspicious Vehicles Loud Music Animal Control Criminal Mischief Disturbance (domestic) Abandoned Vehicles Assist Fire/EMS Disorderly Conduct 9 CPS Referral Fireworks Code Compliance Assist Fire/EMS Identity Theft 10