City Council Meeting Agendas & Information

These minutes have been prepared to satisfy the requirements of Section 551.021 of the Texas Government Code. Audio recordings of most City meetings can be obtained at www.bulverdetx.gov. City of Bulverde, Texas City Council Meeting Tuesday, February 13, 2024 Meeting Duration: 06:30 PM to 08:54 PM CALL THE MEETING TO ORDER Mayor Bill Krawietz called the meeting to order at 6:30 PM. Members of City Council Present: Mayor Bill Krawietz Council Member Mark Morkovsky, Place 1 Council Member Yvonne Chapman, Place 2 Mayor Pro Tem Charles Hughes, Place 3 Council Member Clint Hays Place 4 Council Member Joe Alexandre, Place 5 Members of City Council Absent: Council Member Mechelle Salmon, Place 6 City Staff Present: City Manager Charles West, City Attorney Daniel Santee, City Secretary Sandra V. Ham, Chief of Police Gary Haecker, Public Works Director Tim Parker, Planning Director Danny Batts, Finance Director Sharon Nelson, and Lieutenant Nolan Byrd REPORTS AND PRESENTATIONS 2.A. Proclamation for United Acts of Kindness Day Mayor Bill Krawietz presented a Proclamation in recognition of United Acts of Kindness Day to First United Bank. 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. 2.E. Planning Department Update  Report given by Planning Director Danny Batts. 2.F. Parks & Recreation Update In lieu of a report by the Parks & Recreation Advisory Board, a report was given by the Friends of the Parks (Bulverde Community Park Association). 2.G. 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 January 9, 2024. 3.B. Consider approval of the Special City Council Meeting Minutes from January 16, 2024. 3.C. Consider approval of the Joint City Council and Planning & Zoning Commission Workshop Minutes from January 23, 2024. Motion: Mayor Krawietz made a motion seconded by Council Member, Place 1 Morkovsky to approve the Consent Agenda. Vote: Motion carried unanimously (6) ayes to zero (0) nays. REGULAR AGENDA ITEMS 4.A. Presentation and discussion on the Annual Bulverde Police Department Report. The Annual Bulverde Police Department Report was given by Police Chief Gary Haecker. 4.B. Conduct a Public Hearing and consider approval of an Ordinance granting a variance to Chapter 10, Exhibit A, Sections 17.04.003 and 17.04.004, Code of Ordinances of the City of Bulverde Texas to allow cuts and fills exceeding 4 feet on the property generally located at 131 Bulverde Crossing, Bulverde, Texas 78163. Mayor Krawietz opened the public hearing at 7:43 PM. There being no one wishing to speak, the public hearing was immediately closed. Motion: Mayor Krawietz made a motion seconded by Mayor Pro Tem, Place 3 Hughes to approve an Ordinance granting a variance to Chapter 10, Exhibit A, Sections 17.04.003 and 17.04.004, Code of Ordinances of the City of Bulverde Texas to allow cuts and fills exceeding 4 feet on the property generally located at 131 Bulverde Crossing, Bulverde, Texas 78163.  Vote: Motion carried unanimously (6) ayes to zero (0) nays. Ordinance #748 4.C. Conduct a Public Hearing and consider approval of an Ordinance granting a variance to Chapter 10, Exhibit A, Sections 17.03.005 and 17.03.006, Code of Ordinances of the City of Bulverde Texas to allow construction within steep slopes exceeding 25% and removal of specimen, protected, or, majestic trees within steep slope areas on the property generally located at 131 Bulverde Crossing, Bulverde, Texas 78163. Mayor Krawietz opened the public hearing at 7:43 PM. There being no one wishing to speak, the public hearing was immediately closed. Motion: Council Member, Place 1 Morkovsky made a motion seconded by Mayor Krawietz to table approval of an Ordinance granting a variance to Chapter 10, Exhibit A, Sections 17.03.005 and 17.03.006, Code of Ordinances of the City of Bulverde Texas to allow construction within steep slopes exceeding 25% and removal of specimen, protected, or, majestic trees within steep slope areas on the property generally located at 131 Bulverde Crossing, Bulverde, Texas 78163. Vote: Motion to table carried unanimously (6) ayes to zero (0) nays. 4.D. Discussion and possible approval of an Ordinance ordering a Regular Election to be held in the City of Bulverde, Texas on May 4, 2024, to elect City Officers; establishing an Early Voting location, Election Precincts, and Polling Places for said Election; making provisions for the conduct of the election; and providing a severability clause and an effective date. Motion: Mayor Krawietz made a motion seconded by Council Member, Place 2 Chapman to approve an Ordinance ordering a Regular Election to be held in the City of Bulverde, Texas on May 4, 2024, to elect City Officers; establishing an Early Voting location, Election Precincts, and Polling Places for said Election. Vote: Motion carried unanimously (6) ayes to zero (0) nays. Ordinance# 750 4.E. Discussion and possible approval of joint election agreement between the City of Bulverde, Comal ISD, City of New Braunfels, City of Garden Ridge, and Comal County. Motion: Mayor Krawietz made a motion seconded by Council Member, Place 4 Hays to approve a joint election agreement between the City of  Bulverde, Comal ISD, City of New Braunfels, City of Garden Ridge, and Comal County. Vote: Motion carried unanimously (6) ayes to zero (0) nays. 4.F. Consider approval of an ordinance of the City of Bulverde, Texas accepting the petition of the 200 Mitchell Ranch LLC, the owner of certain properties in Comal County, Texas, for the purpose of including said areas in the extra- territorial jurisdiction of the City of Bulverde, Texas; providing for a severability clause and providing an effective date; providing for a savings clause and repealing conflicting ordinances or resolutions. Motion: Council Member, Place 4 Hays made a motion seconded by Council Member, Place 5 Alexandre to approve an ordinance accepting the petition of the 200 Mitchell Ranch LLC, the owner of certain properties in Comal County, Texas, for the purpose of including said areas in the extra-territorial jurisdiction of the City of Bulverde, Texas. Vote: Motion carried unanimously (6) ayes to zero (0) nays. Ordinance# 751 4.G. Discuss and consider providing direction to staff related to the types of trees that may be utilized as replacement trees under the City’s Tree Preservation ordinances. Discussion was held and direction was provided for staff to present a future action item for the types of trees that may be utilized as replacement trees under the City’s Tree Preservation ordinances. 4.H. Discuss and consider approval of a resolution exercising the City’s right to own and operate a wastewater treatment plant to serve the Bracken Ranch development. Motion: Mayor Krawietz made a motion seconded by Council Member, Place 2 Chapman to approve a resolution exercising the City’s right to own and operate a wastewater treatment plant to serve the Bracken Ranch development. Vote: Motion carried unanimously (6) ayes to zero (0) nays. Resolution# 345 PUBLIC COMMENTS NOT RELATED TO POSTED AGENDA ITEMS Mayor Bill Krawietz opened the meeting for public comments not related to posted agenda items at 8:15pm. Two comments were received by Council. Public comments closed at 8:20pm. REPORTS BY ELECTED OFFICIALS AND CITY STAFF ON ITEMS OF COMMUNITY INTEREST None. EXECUTIVE (CLOSED) SESSION At 8:21 PM the City Council convened into Executive (Closed) Session to discuss the following: 7.A. The City Council will meet in closed session to seek the advice of legal counsel about pending or contemplated litigation, to discuss a settlement offer, or on matters in which the duty of the attorney to the City Council under the Texas Rules of Professional Conduct conflict with the Texas Open Meetings Act; to wit: 1. City of Bulverde, Texas v. Pesado Construction Company and Pape- Dawson Engineers, LLC, Cause No. C2023-1008E, 466th District Court, Comal County, Texas. 2. 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. 3. City of Grand Prairie v. The State of Texas, D-1-GN-23-007785, in the 261st District Court, Travis County, Texas. 4. Diamante Ranch TCEQ Matter, TCEQ Docket No. 2023-0955-MWD. 5. Bulverde v NSHE Texas Mabank and SCWC Subdivision Issues. 6. The following land use related matters: planned wastewater treatment plant; Johnson Ranch development agreement; subdivision of property abutting Stahl Lane. At 8:53 PM the City Council reconvened from Executive (Closed) Session and took the following action on 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 8:54 PM. ________________________ Sandra V. Ham City Secretary