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City Council

Regular Meeting

New Braunfels, TX · February 28, 2022

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Minutes

MINUTES - FINAL OF THE NEW BRAUNFELS CITY COUNCIL REGULAR MEETING OF MONDAY, FEBRUARY 28, 2022 AGENDA - AMENDED 02-25-2022 CALL TO ORDER Mayor Brockman called the meeting to order at 6:04 p.m. CALL OF ROLL: CITY SECRETARY Present: 6 - Mayor Rusty Brockman, Councilmember Shane Hines, Mayor Pro Tem Justin Meadows, Councilmember Harry Bowers, Councilmember Lawrence Spradley, and Councilmember Jason Hurta Absent: 1 - Councilmember James E. Blakey REQUEST ALL PHONES AND OTHER DEVICES BE TURNED OFF, EXCEPT EMERGENCY ON-CALL PERSONNEL. INVOCATION: COUNCILMEMBER BOWERS Councilmember Bowers 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) National LULAC Week 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, Gina StJohn, Kim Francis, Mechelle Salmon, Mic Biesboer, Jennifer Nieto, Carla Cheatham, Tracey Phillips, Kellie Stallings, PRESENTATIONS: A) 2022 New Braunfels Community Survey. Mayor Brockman read the aforementioned item. Monday, February 28, 2022 New Braunfels City Council Regular Meeting Jenna Vinson presented this item. 1. MINUTES A) Approval of the minutes for executive session February 14, 2022, and the regular session February 14, 2022. Mayor Brockman read the aforementioned item. Councilmember Bowers moved to approve the item. Councilmember Hurta seconded the motion which passed unanimously. Absent: Councilmember Blakey 2. CONSENT AGENDA A-I Approved 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) Approval of a resolution; ratification of the submission of a grant application to the U.S. Department of Justice, Bureau of Justice Assistance, Edward Byrne Memorial Justice Assistance Grant Program for Program Year 2023 to request funding for ballistic shields; and authorization for the City Manager to act on behalf of the City in all matters related to the grant if awarded. B) Approval of a resolution; ratification of the submission of a grant application to the U.S. Department of Homeland Security, State Homeland Security Program - Regular Projects Grant for Program Year 2022 to request funding for a utility task vehicle and trailer; and authorization for the City Manager to act on behalf of the City in all matters related to the grant if awarded. C) Approval of a resolution of the City Council of City of New Braunfels, approving a recommendation of the New Braunfels Economic Development Corporation to renew a contract with the Spark Small Business Center (SPARK) for a grant in an amount not to exceed $122,500 to operate the SPARK Small Business Center; and declaring Monday, February 28, 2022 New Braunfels City Council Regular Meeting an effective date. D) Approval of proposed amendments to the Mayfair DDCD (Development and Design Control Document) under the “Development Agreement Obligation” option addressing typos, and also updating the development standards for zero lot line homes to reflect current standards used by the City that better align with the International Residential Building Code. E) Approval for ratification of an application submitted to the Department of Homeland Security’s Fiscal Year 2021 Staffing for Adequate Fire and Emergency Response Grant Program for funding to hire new firefighters; and authorization for the City Manager to accept funds and execute all contract documents associated with the grant if awarded. F) Approval of annual routine recurring expenditures for FY 2022 in accordance with City Charter Section 9.17. G) Approval to renew the following annual contracts, as allowed for by their contract language: Public Improvement District Administration Services with P3 Works, LLC and Hotel Occupancy Tax Collection and Compliance Services with GovOS / formerly MuniRevs Inc. Ordinances (In accordance with Section 3.10 of the City Charter, a descriptive caption of each ordinance shall be read on two separate days.) H) 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. I) Approval of the first reading of an ordinance amending the number of positions in the classification for Sergeant and Detective in the New Braunfels Police Department. Monday, February 28, 2022 New Braunfels City Council Regular Meeting Approval of the Consent Agenda Mayor Brockman read the aforementioned items. Councilmember Hurta moved to approve Censent Agenda items A-I. Councilmember Hines seconded the motion which passed unanimously. Absent: Councilmember Blakey 3. INDIVIDUAL ITEMS FOR CONSIDERATION A) Public hearing and first reading of an ordinance regarding the proposed rezoning of approximately 4.4 acres from “R-2” Single-family and Two-family District to “C-4A” Resort Commercial District, consisting of Lot 2A, Abner Doubleday Subdivision and approximately 3.6 acres out of the JM Veramendi League Survey, Abs. 2, addressed at 1551 Gruene Road, City of New Braunfels, Comal County, Texas. Mayor Brockman read the aforementioned item. Christopher Looney presented the item Councilmember Hines moved to approve the item. Mayor Pro Tem Meadows seconded the motion which passed unanimously. Absent: Councilmember Blakey B) Discuss and consider approval of a Resolution of the City Council of the City of New Braunfels recommended by the New Braunfels Economic Development Corporation (NBEDC) to provide funds up to the amount of $1,200,000 for renovations to the Brauntex Performing Arts Theatre, and declaring and effective date. Mayor Brockman read the aforementioned item. Jeff Jewell presented the item. The following individual spoke to the item: Cheryl Fischer Councilmember Bowers moved to approve the item. Councilmember Spradley seconded the motion which passed unanimously. Monday, February 28, 2022 New Braunfels City Council Regular Meeting Absent: Councilmember Blakey 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 purchase, exchange, lease or value of real estate in accordance with Section 551.072 of the Texas Government Code, specifically · Surplus City Property · CTTC Lease Discussion B) Deliberate pending/contemplated litigation, settlement offers, and matters related to 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: · Carowest Land, Ltd. v. Yantis Company and City of New Braunfels (all cases, including appeal) · Yantis Company v. City of New Braunfels et. al. (2014 case) · J3 Company construction contract for Klein Rd. reconstruction project C) Deliberate Issues Regarding Economic Development Negotiations in accordance with Section 551.087 of the Texas Government Code. · NBU Headwaters at the Comal · Texas Tito’s D) 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; River Ranch RV Park Mayor Brockman read item C in Executive Session items and adjourned back into Executive Session at 7:24 p.m. Monday, February 28, 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 8:01 p.m. No action to be taken. ADJOURNMENT Mayor Brockman adjourned the meeting at 8:01 p.m By: ______________________________ RUSTY BROCKMAN, MAYOR Attest: ________________ _________________ GAYLE WILKINSON, INTERIM CITY SECRETARY Monday, February 28, 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 28, 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 - AMENDED 02-25-2022 CALL TO ORDER CALL OF ROLL: CITY SECRETARY REQUEST ALL PHONES AND OTHER DEVICES BE TURNED OFF, EXCEPT EMERGENCY ON-CALL PERSONNEL. INVOCATION: COUNCILMEMBER BOWERS PLEDGE OF ALLEGIANCE & SALUTE TO THE TEXAS FLAG PROCLAMATIONS: A) National LULAC Week 22-029 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) 2022 New Braunfels Community Survey. 22-103 Jenna Vinson, Communications Director 1. MINUTES A) Approval of the minutes for executive session February 22-106 14, 2022, and the regular session February 14, 2022. 2. CONSENT AGENDA City of New Braunfels, Texas Page 1 Posted On: 2/25/2022 11:51:53AM City Council Agenda February 28, 2022 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) Approval of a resolution; ratification of the submission of 22-099 a grant application to the U.S. Department of Justice, Bureau of Justice Assistance, Edward Byrne Memorial Justice Assistance Grant Program for Program Year 2023 to request funding for ballistic shields; and authorization for the City Manager to act on behalf of the City in all matters related to the grant if awarded. Jennifer Gates, Grants Coordinator B) Approval of a resolution; ratification of the submission of 22-100 a grant application to the U.S. Department of Homeland Security, State Homeland Security Program - Regular Projects Grant for Program Year 2022 to request funding for a utility task vehicle and trailer; and authorization for the City Manager to act on behalf of the City in all matters related to the grant if awarded. Jennifer Gates, Grants Coordinator C) Approval of a resolution of the City Council of City of 22-135 New Braunfels, approving a recommendation of the New Braunfels Economic Development Corporation to renew a contract with the Spark Small Business Center (SPARK) for a grant in an amount not to exceed $122,500 to operate the SPARK Small Business Center; and declaring an effective date. Jeff Jewell, Economic and Community Development Director D) Approval of proposed amendments to the Mayfair DDCD 22-075 (Development and Design Control Document) under the “Development Agreement Obligation” option addressing typos, and also updating the development standards for zero lot line homes to reflect current standards used by the City that better align with the International Residential Building Code. Jean Drew, AICP, CNU-A, Planning and Development Services Assistant Director City of New Braunfels, Texas Page 2 Posted On: 2/25/2022 11:51:53AM City Council Agenda February 28, 2022 E) Approval for ratification of an application submitted to the 22-101 Department of Homeland Security’s Fiscal Year 2021 Staffing for Adequate Fire and Emergency Response Grant Program for funding to hire new firefighters; and authorization for the City Manager to accept funds and execute all contract documents associated with the grant if awarded. Jennifer Gates, Grants Coordinator F) Approval of annual routine recurring expenditures for FY 22-128 2022 in accordance with City Charter Section 9.17. Barbara Coleman, Purchasing Manager G) Approval to renew the following annual contracts, as 22-127 allowed for by their contract language: Public Improvement District Administration Services with P3 Works, LLC and Hotel Occupancy Tax Collection and Compliance Services with GovOS / formerly MuniRevs Inc. Barbara Coleman, Purchasing Manager Ordinances (In accordance with Section 3.10 of the City Charter, a descriptive caption of each ordinance shall be read on two separate days.) H) Approval of the second and final reading of an ordinance 22-096 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 I) Approval of the first reading of an ordinance amending 22-123 the number of positions in the classification for Sergeant and Detective in the New Braunfels Police Department. Becca Miears, Human Resources Director 3. INDIVIDUAL ITEMS FOR CONSIDERATION A) Public hearing and first reading of an ordinance 22-045 City of New Braunfels, Texas Page 3 Posted On: 2/25/2022 11:51:53AM City Council Agenda February 28, 2022 regarding the proposed rezoning of approximately 4.4 acres from “R-2” Single-family and Two-family District to “C-4A” Resort Commercial District, consisting of Lot 2A, Abner Doubleday Subdivision and approximately 3.6 acres out of the JM Veramendi League Survey, Abs. 2, addressed at 1551 Gruene Road, City of New Braunfels, Comal County, Texas. Christopher J. Looney, AICP, Director of Planning and Development Services B) Discuss and consider approval of a Resolution of the 22-134 City Council of the City of New Braunfels recommended by the New Braunfels Economic Development Corporation (NBEDC) to provide funds up to the amount of $1,200,000 for renovations to the Brauntex Performing Arts Theatre, and declaring and effective date. Jeff Jewell, Director of Economic and Community Development 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 purchase, exchange, lease or value of 22-025 real estate in accordance with Section 551.072 of the Texas Government Code, specifically · Surplus City Property · CTTC Lease Discussion B) Deliberate pending/contemplated litigation, settlement 22-111 offers, and matters related to 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: · Carowest Land, Ltd. v. Yantis Company and City of New Braunfels (all cases, including appeal) · Yantis Company v. City of New Braunfels et. al. (2014 case) · J3 Company construction contract for Klein Rd. reconstruction project C) Deliberate Issues Regarding Economic Development 22-139 Negotiations in accordance with Section 551.087 of the City of New Braunfels, Texas Page 4 Posted On: 2/25/2022 11:51:53AM City Council Agenda February 28, 2022 Texas Government Code. · NBU Headwaters at the Comal · Texas Tito’s D) Deliberate pending/contemplated litigation, settlement 22-164 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; River Ranch RV Park 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. _____________________________________ Gayle Wilkinson, Interim 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: 2/25/2022 11:51:53AM

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