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City Council

Regular Meeting

New Braunfels, TX · February 14, 2022

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Minutes

MINUTES - FINAL OF THE NEW BRAUNFELS CITY COUNCIL REGULAR MEETING OF MONDAY, FEBRUARY 14, 2022 AGENDA CALL TO ORDER Mayor Brockman called the Meeting to order at 6:00 p.m. CALL OF ROLL: CITY SECRETARY Present: 7 - Mayor Rusty Brockman, Councilmember Shane Hines, Mayor Pro Tem Justin Meadows, Councilmember Harry Bowers, Councilmember Lawrence Spradley, Councilmember Jason Hurta, and Councilmember James E. Blakey REQUEST ALL PHONES AND OTHER DEVICES BE TURNED OFF, EXCEPT EMERGENCY ON-CALL PERSONNEL. INVOCATION: MAYOR PRO-TEM MEADOWS Mayor Pro-Tem Meadows provided the Invocation PLEDGE OF ALLEGIANCE & SALUTE TO THE TEXAS FLAG Mayor Brockman led the Pledge of Allegiance and the Salute to the Texas Flag. PROCLAMATIONS: A) George Washington Day Mayor Brockman read the proclamation B) Teen Dating Violence Awareness Month Mayor Brockman read the proclamation C) Black History Month Mayor Brockman read the proclamation CITIZENS' COMMUNICATIONS This time is for citizens to address the City Council on issues and items of concerns not on this agenda. There will be no City Council action at this time. The following individuals spoke at this time: David Warmke, Lori Shrank, Gerald Franke, Timothy Davis, Easton Smith, Tracey Phillips, Alice Jewell, Kelly Stallones, Jennifer Welch PRESENTATIONS: Monday, February 14, 2022 New Braunfels City Council Regular Meeting A) Presentation and possible direction to staff regarding the Roadway Impact Fee Program collected fee and funding transportation improvements. Mayor Brockman read the aforementioned item. Garry Ford presented this item. Council gives direction to gather data and feedback from the development industry regarding the Roadway Impact Fee Program. 1. MINUTES A) Approval of the minutes for executive session January 24, 2022, and the regular session January 24, 2022. Mayor Brockman read the aforementioned item Councilmember Bowers moved to approve the item. Councilmember Hurta seconded the motion which passed unanimously. 2. CONSENT AGENDA All items listed below are considered to be routine and non-controversial by the City Council and will be approved by one motion. There will be no separate discussion of these items unless a Councilmember or citizen so requests, in which case the item will be removed from the consent agenda and considered as part of the normal order of business. Citizens must be present to pull an item. Resolutions & Action Items A) Appointment of Kristy Sigman to the Community Development Advisory Committee as the City Resident representative for an unexpired term ending November 30, 2023. B) Approval to cancel the second December City Council meeting on December 26, 2022. C) Approval of a budget amendment within the FY 2022 Equipment Replacement Fund. D) Approval of the issuance of an invitation for competitive sealed proposals for construction of a fiber optic cable construction project since the City Council finds that this delivery method will provide the best value to the City. Monday, February 14, 2022 New Braunfels City Council Regular Meeting E) Approval of a contract with H20 Partners for roadway asset inventory services. F) Approval of a Resolution adopting the Second Amendment to the Contract between the New Braunfels Economic Development Corporation and HD Supply Facilities Maintenance, Ltd. Ordinances (In accordance with Section 3.10 of the City Charter, a descriptive caption of each ordinance shall be read on two separate days.) G) Approval of the first reading of an ordinance to restrict parking on portions of Huisache Avenue south of Business 35/Elliot Knox Boulevard. H) Approval of the second and final reading of an ordinance ordering a Regular Election to be held in the City of New Braunfels on May 7, 2022, for Regular City Officers; and establishing an Early Voting Location and Polling Places for this Election; and making provisions for the conduct of the Election. I) Approval of the second and final reading of an ordinance regarding the proposed rezoning of 3 acres of the Comal County Joint Venture 2, Lot 2, Comal County, Texas, addressed at 4755 S IH 35 from “APD” Agricultural/Pre-Development District and “M-1” Light Industrial District to “M-1A” Light Industrial District. J) Approval of the second and final reading of an ordinance regarding a proposed rezoning of approximately 0.5 of an acre to apply a Special Use Permit to allow 4 dwelling units where the zoning district allows a maximum of 2, in the “R-2 AH” Single-Family and Two-Family Airport Hazard Overlay District, on Lot 1 Baystone Subdivision, addressed at 222 Alves Lane. K) Approval of the second and final reading of an ordinance amending Chapter 86 “Parks and Recreation,” Article III “Landa Park Golf Course Advisory Board” and approving by-laws for the Board. L) Approval of the second and final reading of an ordinance amending Chapter 138, Article VI, of the City of New Braunfels Code of Ordinances to modify the Water Recreation Shuttle permit renewal process and move the application process from the City Secretary’s Office to the River Operations Division. Monday, February 14, 2022 New Braunfels City Council Regular Meeting M) Approval of the second and final reading of an ordinance amending Chapter 86 Articles V and VI of the City of New Braunfels Code of Ordinances to clarify the definition of a Holiday and River Outfitter, and current operational practices with river management fee wristbands and reporting. Approval of the Consent Agenda Mayor Brockman read the aforementioned Consent Agenda A-M. Councilmember Hines moved to approve Consent Agenda items A-M. Councilmember Bowers seconded the motion which passed unanimously. 3. INDIVIDUAL ITEMS FOR CONSIDERATION A) Discuss and consider appointing one individual to an At-Large position on the Bond Advisory Committee. Mayor Brockman read the aforementioned caption. Robert Camareno presented this item Councilmember Hines moved to approve the item. Councilmember Bowers seconded the motion which passed unanimously. B) Approval of the second and final reading of an ordinance regarding the proposed rezoning of approximately 5.25 acres from “APD”, Agriculture/Predevelopment District to “C-1A”, Neighborhood Business District, consisting of 0.25 of an acre tract out of the J Noyes Survey 259, Abstract 430, addressed at 471 Engel Road, and a 2.0 acre tract out of the J Noyes Survey 259, Abstract 430 and a 3.0 acre tract out of the J Thompson Survey 21, Abstract 608, addressed at 491 Engel Road. Mayor Brockman read the aforementioned caption. Jean Drew presented this item. The following individuals spoke to this item: Timothy Davis, Laura Newsom Councilmember Hines moved to approve the item. Councilmember Bowers seconded the motion which passed unanimously. Monday, February 14, 2022 New Braunfels City Council Regular Meeting C) Approval of an Interlocal Cooperation Agreement between the City of New Braunfels and the New Braunfels Independent School District for school crossing guard services. Mayor Brockman read the aforementioned caption. Jared Werner presented this item. Councilmember Bowers moved to approve the item. Councilmember Spradley seconded the motion which passed unanimously. 4. EXECUTIVE SESSIONS In accordance with Texas Government Code, Subchapter D, the City Council may convene in a closed session to discuss any of the following items; any final action or vote taken will be in public. A) Deliberate the appointment, evaluation, duties, discipline, or removal of the City Manager in accordance with Section 551.074 of the Texas Government Code. B) Deliberate issues regarding economic development negotiations in accordance with section 551.087 of the Texas Government Code. Project Hamlet Brauntex Performing Arts Theatre Association Deliberate the purchase, exchange, lease or value of real estate in accordance with Section 551.072 of the Texas Government Code, specifically: · Union Pacific Property C) Deliberate pending/contemplated litigation, settlement offer(s), and matters concerning privileged and unprivileged client information deemed confidential by Rule 1.05 of the Texas Disciplinary Rules of Professional Conduct in accordance with Section 551.071, of the Texas Government Code, specifically: · River floodway and floodplain regulation and enforcement Mayor Brockman read item A in Executive Sessions. Mayor Brockman recessed into Executive Session at 7:30 P.M. Monday, February 14, 2022 New Braunfels City Council Regular Meeting 5. RECONVENE INTO OPEN SESSION AND TAKE ANY NECESSARY ACTION RELATING TO THE EXECUTIVE SESSION AS DESCRIBED ABOVE. Mayor Brockman reconvened into open session at 9:03 p.m. Mayor ProTem Meadows made a motion and expressed a vote of confidence in our City Manager, Robert Camareno, by increasing his salary to $267,582. representing a 4% increase over the last year. Councilmember Bowers seconded the motion which passed unanimously. ADJOURNMENT Mayor Brockman adjourned the meeting at 9:04 p.m. By: ______________________________ RUSTY BROCKMAN, MAYOR Attest: _________________________________ GAYLE WILKINSON, INTERIM CITY SECRETARY Monday, February 14, 2022 New Braunfels City Council Regular Meeting

Agenda

CITY OF NEW BRAUNFELS, TEXAS CITY COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 550 LANDA STREET MONDAY, FEBRUARY 14, 2022 at 6:00 PM Rusty Brockman, Mayor Lawrence Spradley, Councilmember (District 4) Shane Hines, Councilmember (District 1) Jason E. Hurta, Councilmember (District 5) Justin Meadows, Mayor Pro Tem (District 2) James Blakey, Councilmember (District 6) Harry Bowers, Councilmember (District 3) Robert Camareno, City Manager MISSION STATEMENT The City of New Braunfels will add value to our community by planning for the future, providing quality services, encouraging community involvement and being responsive to those we serve. AGENDA CALL TO ORDER CALL OF ROLL: CITY SECRETARY REQUEST ALL PHONES AND OTHER DEVICES BE TURNED OFF, EXCEPT EMERGENCY ON-CALL PERSONNEL. INVOCATION: MAYOR PRO-TEM MEADOWS PLEDGE OF ALLEGIANCE & SALUTE TO THE TEXAS FLAG PROCLAMATIONS: A) George Washington Day 21-1531 B) Teen Dating Violence Awareness Month 21-1532 C) Black History Month 22-069 CITIZENS' COMMUNICATIONS This time is for citizens to address the City Council on issues and items of concerns not on this agenda. There will be no City Council action at this time. PRESENTATIONS: A) Presentation and possible direction to staff regarding the 22-024 Roadway Impact Fee Program collected fee and funding transportation improvements. Garry Ford, Transportation and Capital Improvements Director 1. MINUTES City of New Braunfels, Texas Page 1 Posted On: 2/9/2022 3:22:22PM City Council Agenda February 14, 2022 A) Approval of the minutes for executive session January 22-027 24, 2022, and the regular session January 24, 2022. 2. CONSENT AGENDA All items listed below are considered to be routine and non-controversial by the City Council and will be approved by one motion. There will be no separate discussion of these items unless a Councilmember or citizen so requests, in which case the item will be removed from the consent agenda and considered as part of the normal order of business. Citizens must be present to pull an item. Resolutions & Action Items A) Appointment of Kristy Sigman to the Community 22-048 Development Advisory Committee as the City Resident representative for an unexpired term ending November 30, 2023. Gayle Wilkinson, Interim City Secretary B) Approval to cancel the second December City Council 22-002 meeting on December 26, 2022. Gayle Wilkinson, Interim City Secretary C) Approval of a budget amendment within the FY 2022 22-054 Equipment Replacement Fund. Greg Gutierrez, Budget Supervisor D) Approval of the issuance of an invitation for competitive 22-059 sealed proposals for construction of a fiber optic cable construction project since the City Council finds that this delivery method will provide the best value to the City. Tony Gonzales, Director of Information Technology E) Approval of a contract with H20 Partners for roadway 22-006 asset inventory services. Greg Malatek, Public Works Director F) Approval of a Resolution adopting the Second 22-026 Amendment to the Contract between the New Braunfels Economic Development Corporation and HD Supply Facilities Maintenance, Ltd. Jeff Jewell, Director, Economic and Community Development Ordinances (In accordance with Section 3.10 of the City Charter, a descriptive caption of each ordinance shall be read on two separate days.) G) Approval of the first reading of an ordinance to restrict 21-1275 City of New Braunfels, Texas Page 2 Posted On: 2/9/2022 3:22:22PM City Council Agenda February 14, 2022 parking on portions of Huisache Avenue south of Business 35/Elliot Knox Boulevard. Garry Ford, Transportation and Capital Improvements Director H) Approval of the second and final reading of an ordinance 21-1432 ordering a Regular Election to be held in the City of New Braunfels on May 7, 2022, for Regular City Officers; and establishing an Early Voting Location and Polling Places for this Election; and making provisions for the conduct of the Election. Gayle Wilkinson, Interim City Secretary I) Approval of the second and final reading of an ordinance 22-017 regarding the proposed rezoning of 3 acres of the Comal County Joint Venture 2, Lot 2, Comal County, Texas, addressed at 4755 S IH 35 from “APD” Agricultural/Pre-Development District and “M-1” Light Industrial District to “M-1A” Light Industrial District. Jean Drew, AICP, CNU-A, Planning and Development Services Assistant Director J) Approval of the second and final reading of an ordinance 22-012 regarding a proposed rezoning of approximately 0.5 of an acre to apply a Special Use Permit to allow 4 dwelling units where the zoning district allows a maximum of 2, in the “R-2 AH” Single-Family and Two-Family Airport Hazard Overlay District, on Lot 1 Baystone Subdivision, addressed at 222 Alves Lane. Christopher J. Looney, AICP, Planning and Development Services Director K) Approval of the second and final reading of an ordinance 22-013 amending Chapter 86 “Parks and Recreation,” Article III “Landa Park Golf Course Advisory Board” and approving by-laws for the Board. Chad Donegan, Golf Manager L) Approval of the second and final reading of an ordinance 22-014 amending Chapter 138, Article VI, of the City of New Braunfels Code of Ordinances to modify the Water Recreation Shuttle permit renewal process and move the application process from the City Secretary’s Office to the River Operations Division. Amy Niles, River Operations Manager M) Approval of the second and final reading of an ordinance 22-015 City of New Braunfels, Texas Page 3 Posted On: 2/9/2022 3:22:22PM City Council Agenda February 14, 2022 amending Chapter 86 Articles V and VI of the City of New Braunfels Code of Ordinances to clarify the definition of a Holiday and River Outfitter, and current operational practices with river management fee wristbands and reporting. Amy Niles, River Operations Manager 3. INDIVIDUAL ITEMS FOR CONSIDERATION A) Discuss and consider appointing one individual to an 22-066 At-Large position on the Bond Advisory Committee. Robert Camareno, City Manager B) Public hearing and first reading of an ordinance 22-039 regarding the proposed rezoning of approximately 5.25 acres from “APD”, Agriculture/Predevelopment District to “C-1A”, Neighborhood Business District, consisting of 0.25 of an acre tract out of the J Noyes Survey 259, Abstract 430, addressed at 471 Engel Road, and a 2.0 acre tract out of the J Noyes Survey 259, Abstract 430 and a 3.0 acre tract out of the J Thompson Survey 21, Abstract 608, addressed at 491 Engel Road. Jean Drew, AICP, CNU-A, Planning and Development Services Assistant Director C) Approval of an Interlocal Cooperation Agreement 22-053 between the City of New Braunfels and the New Braunfels Independent School District for school crossing guard services. Jared Werner, Assistant City Manager 4. EXECUTIVE SESSIONS In accordance with Texas Government Code, Subchapter D, the City Council may convene in a closed session to discuss any of the following items; any final action or vote taken will be in public. A) Deliberate the appointment, evaluation, duties, discipline, 21-1502 or removal of the City Manager in accordance with Section 551.074 of the Texas Government Code. B) Deliberate issues regarding economic development 21-1530 negotiations in accordance with section 551.087 of the Texas Government Code. Project Hamlet City of New Braunfels, Texas Page 4 Posted On: 2/9/2022 3:22:22PM City Council Agenda February 14, 2022 Brauntex Performing Arts Theatre Association Deliberate the purchase, exchange, lease or value of real estate in accordance with Section 551.072 of the Texas Government Code, specifically: · Union Pacific Property C) Deliberate pending/contemplated litigation, settlement 22-072 offer(s), and matters concerning privileged and unprivileged client information deemed confidential by Rule 1.05 of the Texas Disciplinary Rules of Professional Conduct in accordance with Section 551.071, of the Texas Government Code, specifically: · River floodway and floodplain regulation and enforcement 5. RECONVENE INTO OPEN SESSION AND TAKE ANY NECESSARY ACTION RELATING TO THE EXECUTIVE SESSION AS DESCRIBED ABOVE. ADJOURNMENT CERTIFICATION I hereby certify the above Notice of Meeting was posted on the bulletin board at the New Braunfels City Hall. _____________________________________ Caitlin Krobot, City Secretary NOTE: Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services such as interpreters for persons who are deaf or hearing impaired, readers, or large print, are requested to contact the City Secretary’s Office at 221-4010 at least two (2) work days prior to the meeting so that appropriate arrangements can be made. City of New Braunfels, Texas Page 5 Posted On: 2/9/2022 3:22:22PM

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