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, September 10, 2024 Meeting Duration: 6:30 PM to 10:38 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 Council Member Charles Hughes, Place 3 Council Member Clint Hays Place 4 Council Member Joe Alexandre, Place 5 Council Member Christopher Goth, Place 6 Members of City Council Absent: Mayor Pro Tem Mark Morkovsky, Place 1 City Staff Present: City Manager Charles West, City Attorney Megan Santee, City Secretary Sandra V. Ham, Chief of Police Gary Haecker, Planning Director Danny Batts, and Finance Director Sharon Nelson REPORTS AND PRESENTATIONS Upon commencement of the meeting, Mayor Bill Krawietz presented recognition to Officer Nathan Hill for five years of service to the City of Bulverde. 2.A. Proclamation for National Night Out Mayor Bill Krawietz presented a Proclamation in recognition of National Night Out to Bulverde Police Department Chief Gary Haecker. 2.B. Proclamation for Hunger Action Month Mayor Bill Krawietz presented a Proclamation in recognition of Hunger Action Month to Weslea Miller of Provisions: A 25:35 Outreach. 2.C. Proclamation for Drug-Free Pain Management Awareness Month Mayor Bill Krawietz presented a Proclamation in recognition of Drug-Free Pain Management Month to Taproot Chiropractic & Wellness. 2.D. Police Department: Monthly Report Report given by Police Chief Gary Haecker. 2.E. Finance Department: Monthly Report Report given by Finance Director Sharon Nelson. 2.F. Public Works Update Report given by City Manager Charles West. 2.G. Parks & Recreation Update Report given by Parks & Recreation Advisory Board Member Jessica Croll. 2.H. Economic Development Foundation Report given by Economic Development Foundation Executive Director Paula Stakes. CONSENT AGENDA ITEMS 3.A. Consider approval of the Regular City Council Meeting Minutes from August 13, 2024. 3.B. Consider approval of the Joint City Council and Planning & Zoning Commission Workshop Minutes from August 15, 2024. 3.C. Consider approval of the Special City Council Meeting from September 5, 2024. Motion: Council Member, Place 2 Chapman made a motion seconded by Mayor Krawietz to approve the Consent Agenda. Vote: Motion carried (6) ayes to (0) nays. REGULAR AGENDA ITEMS 4.A. Discussion and possible approval of an Ordinance of the City Council of the City of Bulverde, Texas granting a Parks Special Use Permit to Provisions: A 25:35 Outreach to conduct a Holiday Hunger Run/Walk 5K at the Bulverde Community Park on December 7, 2024, and a waiver or modification to Chapter 15, Parks and Recreation, Section 15.03.002, Code of Ordinances of the City of Bulverde Texas. Motion: Council Member, Place 2 Chapman made a motion seconded by Mayor Krawietz to approve an ordinance granting a Parks Special Use Permit to Provisions: A 25:35 Outreach to conduct a Holiday Hunger Run/Walk 5K at the Bulverde Community Park on December 7, 2024, and a waiver or modification to Chapter 15, Parks and Recreation, Section 15.03.002, Code of Ordinances of the City of Bulverde Texas. Vote: Motion carried (6) ayes to (0) nays.  Ordinance #767 4.B. Consider acceptance of the annual Audit for Fiscal Year 2022-2023. Kimberly J. Roach, CPA of Armstrong, Vaughan & Associates, P.C. presented the highlights of the Fiscal Year 2023 audit. Ms. Roach indicated the firm would be issuing an unmodified opinion. At the time of the meeting, the final audit report was not available for review. Motion: Council Member, Place 6 Goth made a motion seconded by Mayor Krawietz to table action on the annual Audit for Fiscal Year 2022-2023. Vote: Motion carried (6) ayes to (0) nays. 4.C. Public Hearing on the Proposed 2024-2025 Budget. Mayor Krawietz opened the Public Hearing at 7:06 PM. One comment was received by Council. Mayor Bill Krawietz closed the Public Hearing at 7:14 PM. 4.D. Public Hearing on the Proposed 2024 Tax Rate. Mayor Krawietz opened the Public Hearing at 7:41 PM. One comment was received by Council. Mayor Bill Krawietz closed the Public Hearing at 7:41 PM. 4.E. 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, 2024 and ending on September 30, 2025. Motion: Council Member, Place 4 Hays made a motion seconded by Council Member, Place 5 Alexandre 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, 2024 and ending on September 30, 2025. Vote: Mayor Bill Krawietz took a roll call vote: Mayor Pro Tem Mark Morkovsky, Place 1 – ABSENT Council Member Yvonne Chapman, Place 2 – AYE Council Member Charles Hughes, Place 3 – AYE Council Member Clint Hays Place 4 – AYE Council Member Joe Alexandre, Place 5 – AYE Council Member Christopher Goth, Place 6 – AYE Mayor Bill Krawietz – AYE Motion carried (6) ayes to (0) nays. Ordinance #768 4.F. 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 4 Hays made a motion seconded by Mayor Krawietz to approve a Resolution ratifying the recently adopted budget that contains a property tax rate that raises more total property taxes than last year. Vote: Motion carried (6) ayes to (0) nays. 4.G. 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 2024 Tax Year for the use and support of the municipal government of the City of Bulverde. Motion: Council Member, Place 5 Goth made a motion seconded by Council Member, Place 4 Hays to approve an ordinance adopting the tax rate of $0.229807 and levying a tax upon all property subject to taxation within the City of Bulverde, Texas, for the 2024 Tax Year for the use and support of the municipal government of the City of Bulverde. Vote: Mayor Bill Krawietz took a roll call vote: Mayor Pro Tem Mark Morkovsky, Place 1 – ABSENT Council Member Yvonne Chapman, Place 2 – AYE Council Member Charles Hughes, Place 3 – AYE Council Member Clint Hays Place 4 – AYE Council Member Joe Alexandre, Place 5 – AYE Council Member Christopher Goth, Place 6 – AYE Mayor Bill Krawietz – AYE Motion carried (6) ayes to (0) nays. Ordinance #769 4.H. Conduct a Public Hearing and consider an ordinance of the City of Bulverde, Texas approving a Special Use Permit for 31086 Smithson Valley Road, Bulverde, Texas 78163 to permit a guest house; amending the zoning ordinance; directing the amendment of the zoning map; repealing conflicting ordinances; and providing a severability clause and an effective date. Mayor Krawietz opened the Public Hearing at 7:46 PM. There being no one wishing to speak, the public hearing was immediately closed.  Motion: Council Member, Place 5 Alexandre made a motion seconded by Council Member, Place 6 Goth to approve an ordinance of the City of Bulverde, Texas approving a Special Use Permit for 31086 Smithson Valley Road, Bulverde, Texas 78163 to permit a guest house. Vote: Motion carried (6) ayes to (0) nays. Ordinance #770 4.I. Hold a public hearing and consider approval of an ordinance granting a variance to Section 3.08.102(a)(1), Section 3.08.102(a)(3), Section 3.08.132(8)(B)(i)(a), and Section 3.08.132(8)(B)(i)(b) of the City of Bulverde Code of Ordinances, at 305 Singing Oaks, Spring Branch, TX 78070. Mayor Krawietz opened the Public Hearing at 7:55 PM. One comment was received by Council. Mayor Bill Krawietz closed the Public Hearing at 7:57 PM. Motion: Council Member, Place 6 Alexandre made a motion seconded by Council Member, Place 5 Goth, to approve an ordinance granting a variance to Section 3.08.102(a)(1), Section 3.08.102(a)(3), Section 3.08.132(8)(B)(i)(a), and Section 3.08.132(8)(B)(i)(b) of the City of Bulverde Code of Ordinances, at 305 Singing Oaks, Spring Branch, TX 78070. Vote: Motion carried (5) ayes to (1) nay, Council Member, Place 5 Alexandre opposed. Ordinance #771 4.J. Hold a public hearing and consider approval of an ordinance granting a variance to Section 3.08.102(a)(2), Section 3.08.102(a)(3), Section 3.08.102(a)(5) and Section 3.08.103(j) of the City of Bulverde Code of Ordinances, at 359 Singing Oaks, Spring Branch, TX 78070. Mayor Krawietz opened the Public Hearing at 8:01 PM. There being no one wishing to speak, the public hearing was immediately closed. Motion: Mayor Krawietz made a motion seconded by Council Member, Place 4 Hays, to approve an ordinance granting a variance to Section 3.08.102(a)(2), Section 3.08.102(a)(3), Section 3.08.102(a)(5) and Section 3.08.103(j) of the City of Bulverde Code of Ordinances, at 359 Singing Oaks, Spring Branch, TX 78070. Vote: Motion carried (6) ayes to (0) nays. Ordinance #772 4.K. Hold a public hearing and consider approval of an ordinance granting a sign variance to Section 3.08.102(a)(2), Section 3.08.102(a)(3), and Section 3.08.102(j) of the City of Bulverde Code of Ordinances, at 20475 State Highway 46 W, Ste. 100, Spring Branch, TX 78070. Mayor Krawietz opened the Public Hearing at 8:06 PM. There being no one wishing to speak, the public hearing was immediately closed. Motion: Council Member, Place 4 Hays made a motion seconded by Council Member, Place 5 Alexandre, to approve an ordinance granting a sign variance to Section 3.08.102(a)(2), Section 3.08.102(a)(3), and Section 3.08.102(j) of the City of Bulverde Code of Ordinances, at 20475 State Highway 46 W, Ste. 100, Spring Branch, TX 78070. . Vote: Motion carried (6) ayes to (0) nays. Ordinance #773 4.L. Discuss and consider direction to staff regarding a possible amendment to the development agreement between the City of Bulverde and Gerald H. Laubach, filed as Doc. No. 201606033061 in the records of the Comal County Clerk’s office. Direction was given to staff to move forward with possible amendments. 4.M. Discuss and consider direction to staff regarding additional standards and requirements for guest house structures. Direction was given to staff to move forward with possible amendments. 4.N. Discuss and consider an appeal by James McKnight with Ortiz McKnight, on behalf of JP Morgan Chase (Chase Bank), regarding an administrative decision pertaining to the property located at 20779 State Highway 46 W and the traffic impact analysis metrics, as specified by Chapter 3 of the City of Bulverde Code of Ordinances. Motion: Mayor Krawietz made a motion seconded by Council Member, Place 6 Goth, to deny an appeal by James McKnight with Ortiz McKnight, on behalf of JP Morgan Chase (Chase Bank), regarding an administrative decision pertaining to the property located at 20779 State Highway 46 W and the traffic impact analysis metrics, as specified by Chapter 3 of the City of Bulverde Code of Ordinances. Vote: Motion failed (3) ayes to (3) nays, Council Members Chapman, Alexandre, and Hughes opposed.  Motion failed due to lack of majority vote. Motion: Council Member, Place 6 Goth made a motion seconded by Council Member, Place 4 Hays, to deny an appeal by James McKnight with Ortiz McKnight, on behalf of JP Morgan Chase (Chase Bank), regarding an administrative decision pertaining to the property located at 20779 State Highway 46 W and the traffic impact analysis metrics, as specified by Chapter 3 of the City of Bulverde Code of Ordinances. Vote: Motion failed (3) ayes to (3) nays, Mayor Krawietz, and Council Members Hughes and Alexandre opposed. Motion failed due to lack of majority vote. Motion: Council Member, Place 6 Goth made a motion seconded by Council Member, Place 4 Hays, to deny an appeal by James McKnight with Ortiz McKnight, on behalf of JP Morgan Chase (Chase Bank), regarding an administrative decision pertaining to the property located at 20779 State Highway 46 W and the traffic impact analysis metrics, as specified by Chapter 3 of the City of Bulverde Code of Ordinances. Vote: Motion failed (2) ayes to (4) nays, Mayor Krawietz, and Council Members Hughes, Chapman, and Alexandre opposed. Motion failed due to lack of majority vote. Motion: Mayor Krawietz made a motion seconded by Council Member, Place 2 Chapman, to approve an appeal by James McKnight with Ortiz McKnight, on behalf of JP Morgan Chase (Chase Bank), regarding an administrative decision pertaining to the property located at 20779 State Highway 46 W and the traffic impact analysis metrics, as specified by Chapter 3 of the City of Bulverde Code of Ordinances. Vote: Motion approved (4) ayes to (2) nays, Council Members Hays and Goth opposed. PUBLIC COMMENTS NOT RELATED TO POSTED AGENDA ITEMS Mayor Bill Krawietz opened the meeting for public comments not related to posted agenda items at 9:26 PM. There being no one wishing to speak, the public hearing was immediately closed. REPORTS BY ELECTED OFFICIALS AND CITY STAFF ON ITEMS OF COMMUNITY INTEREST Mayor Krawietz announced the upcoming Musik in the Park event. EXECUTIVE (CLOSED) SESSION At 9:29 PM the City Council convened into Executive Session to discuss the following: The City Council will meet in closed session to deliberate the appointment of members to the City’s Charter Review Commission. The City Council will meet in closed session regarding Personnel Matters pertaining to the annual review, evaluation, and goals of the City Manager. ACTIONS ITEMS AFTER EXECUTIVE (CLOSED) SESSION At 10:37 PM the City Council reconvened from Executive Session and took the following action on items discussed in Executive Session. Discussion and consideration of appointment of members to the City’s Charter Review Commission. Motion: Council Member, Place 4 Hays made a motion seconded by Mayor Krawietz appoint the following members to the City’s Charter Review Commission. 1. Nati Litz 2. Jason Ewing 3. Angela Alvarado 4. Christine Lowak 5. Francesca Watson 6. Larry Sunn 7. Daniel Chapa 8. Victoria Gutierrez 9. Lea Anzalotta 10. Trey Hancock Vote: Motion carried (6) ayes to (0) nays. ADJOURNMENT 10:38 PM There being no further business to come before the City Council, the meeting was adjourned. ________________________ Sandra V. Ham City Secretary