City Council

MINUTES - FINAL OF THE NEW BRAUNFELS CITY COUNCIL REGULAR MEETING OF MONDAY, JULY 25, 2022 AMENDED 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 Andres Campos, Councilmember Christopher Willis, Mayor Pro Tem 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 BOWERS Mayor Pro Tem Bowers provided the Invocation. PLEDGE OF ALLEGIANCE & SALUTE TO THE TEXAS FLAG Mayor Brockman led the Pledge of Allegiance and the Salute to theTexas Flag. PROCLAMATIONS: A) David Schoenvogel Day 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. In the interest of protecting the City's network and data, we are not accepting flash drives or electronic files to be used during Citizens Communications. Please use hard copies or the overhead projector for any documents you would like Mayor/Council to view. There will be no City Council action at this time. The following individuals spoke at this time: Melissa Miller who sang a song she wrote about New Braunfels entitled "The River", David Warmke, Alan Clark, Timothy Davis, Regina Manfredi, and Jim Holster. PRESENTATIONS: A) Presentation and possible direction to consider an ordinance Monday, July 25, 2022 New Braunfels City Council Regular Meeting  regarding the retail sale of pets. Mayor Brockman read the aforementioned item. Christopher Looney presented this item. The following individuals spoke at this time: Albert Sardinas, Matthew Milligan, Sarah Hammand, Wendy Wymer, Brian Podurski, Shannon Graham, Stacey Sutton-Kerby and Ruth Chambers. B) Presentation regarding the 2021 Building Codes adoption process. Mayor Brockman read the aforementioned item. KC Collins presented this item. 1. MINUTES A) Approval of the minutes for Special Council Meeting June 27, 2022, Regular Session June 27, 2022, Executive Session July 11, 2022, and Regular Session July 11, 2022 Mayor Brockman read the aforementioned item Councilmember Hurta moved to approve this item. Councilmember Blakey seconded the motion, which passed unanimously. Mayor Brockman took recess at 8:05 p.m. Mayor Brockman reconvened at 8:15 p.m. 2. CONSENT AGENDA Jim Holster asked for Item 2-C to be placed on Individual Items for Consideration. 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 contract modification with MCCI for the upgrade and implementation of the City’s existing Document Management System, Laserfiche, including professional services, training, additional Monday, July 25, 2022 New Braunfels City Council Regular Meeting  licenses and a new module. B) Approval of a construction contract with E-Z Bel Construction, LLC for intersection improvements at the intersection of Old FM 306 and Common St. and authorization for the City Manager to approve change orders up to the contingency amount. C) Approval to authorize the City Manager to execute an Interlocal Agreement with the New Braunfels Housing Authority for Payment in Lieu of Taxes to the City and funding by the City of required legal services for the NBHA. D) Approval of a construction change order with Stoddard General Contractors for additional paving at the Westside Community Center. E) Approval to authorize the City Manager to execute a three (3) year lease agreement with Big Belly Solar, LLC for twenty-five solar powered waste compactors. Approval of the Consent Agenda Mayor Brockman read the aforementioned Consent Agenda Items A,B and D,E. Mayor Pro Tem Bowers moved to approve Consent Agenda Items A,B and D, E. Councilmember Hurta seconded the motion, which passed unanimously. 3. INDIVIDUAL ITEMS FOR CONSIDERATION Jim Holster pulled this item 2-C from Consent to Individual Items for Consideration. C) Approval to authorize the City Manager to execute an Interlocal Agreement with the New Braunfels Housing Authority for Payment in Lieu of Taxes to the City and funding by the City of required legal services for the NBHA. Mayor Brockman read the aforementioned item. Valeria Acevedo presented this item. The following individual spoke at this time: Jim Holster. Councilmember Spradley moved to approve the item . Councilmember Hurta seconded the item which passed unanimously. Monday, July 25, 2022 New Braunfels City Council Regular Meeting  A) Discuss and consider a contract expenditure with Lone Star Paving for roadway repairs to Klein Road and an expenditure with Raba Kistner for materials testing services, and authorization for the City Manager to execute any change orders up to the contingency amounts and approval of the appropriate Budget Amendment. Mayor Brockman read the aforementioned item. Greg Malatek presented this item. The following individual spoke at this time: Timothy Davis Councilmember Willis moved to approve this item. Mayor Pro Tem Bowers seconded the motion, which passed unanimously. B) Public hearing and first reading of an ordinance regarding the proposed rezoning to apply a Special Use Permit in “R-2” Single-family and Two-family District to allow a resort property with related development standards on approximately 19.96 acres out of the Ingram Acres Subdivision, Lot 2B addressed at 1251 Sleepy Hollow Lane. Mayor Brockman read the aforementioned item. Christopher Looney presented this item. Applicant, TJ Grosse, asked to postpone this item to the August 8, 2022 City Council Meeting. The following individuals spoke at this time: Ross Rathgeber, James Wanamaker and Amy Rensurd. Mayor Pro Tem Bowers moved to postpone this item to the August 8th City Council Meeting. Mayor Pro Tem Bowers seconded the motion, which passed unanimously. C) Public hearing and first reading of an ordinance regarding a proposed rezoning to apply a Special Use Permit to the existing C-1A AH (Neighborhood Business Airport Hazard Overlay) zoning district to allow duplexes on approximately 5 acres out of the O Russell Survey-2, Abstract 485, currently addressed at 2841 Goodwin Lane. Mayor Brockman read the aforementioned item. Jean Drew presented this item. Monday, July 25, 2022 New Braunfels City Council Regular Meeting  Applicant, Jeff Henry, made additional comments. Councilmember Spradley moved to approve with the condition that at least 1 of the improved lots are conveyed at no cost to a local non profit housing developer for the ownership and construction of the duplex similar in design to the applicants development. Councilmember Blakey seconded the motion, which passed unanimously. D) Discuss and consider a resolution to consent to the creation of the Kyndwood Municipal Utility District (MUD) within the City's Extraterritorial Jurisdiction (ETJ) in Comal County, consisting of approximately 196 acres situated on the west side of IH 35 North, northeast of the Cloud Country Subdivision, north of Stolte Road and south of Woods Path, and consider authorizing the City Manager to approve a development agreement between the City of New Braunfels and Lennar Homes of Texas Land and Construction, Ltd. related to the City’s consent to the creation of the Kyndwood MUD. Mayor Brockman read the aforementioned item. Christopher Looney presented this item. Charlie Zech made additional comments. Councilmember Campos moved to deny this item. Councilmember Spradley seconded the motion, which passed unanimously. E) Discuss and consider a request for a conditional sign permit to allow one electronic message sign and one future electronic message sign or freestanding monument sign on the property addressed at 138 North Austin Street. Mayor Brockman read the aforementioned item. Jean Drew presented this item. Frank Onion made additional comments The following individual spoke at this time: Wayne Peters Monday, July 25, 2022 New Braunfels City Council Regular Meeting  Councilmember Spradley moved to approve this item. Councilmember Hurta seconded the motion, which passed unanimously F) Public hearing and first reading of an ordinance regarding a proposed rezoning from “APD AH” Agricultural/Predevelopment Airport Hazard Overlay District, “M-1 AH” Light Industrial Airport Hazard Overlay District and “M-1Ar44 AH” Light Industrial Airport Hazard Height Overlay District to “C-1A AH SUP” Neighborhood Commercial Airport Hazard Height Overlay District with a Special Use Permit to allow a new car dealership on approximately 29.32 acres out of the O Russell Survey-2, Abstract 485, addressed at 4165 and 4261 IH 35 North. Mayor Brockman read the aforementioned item. Christopher Looney presented this item. Ashley Fairmond made additional comments. Councilmember Spradley made the motion to approve as a car dealership. Councilmember Hurta seconded the motion, which passed unanimously. G) Discuss and consider approval of the installation of speed humps on Old Marion Road/S Mesquite Avenue between Camellia Lane and Rolling Valley Drive. Mayor Brockman read the aforementioned item. Garry Ford presented this item. The following individuals spoke at this time: Fernando Mandujano and Jorge Mandujano. Councilmember Hurta made the motion to approve this item. Mayor Pro Tem Bowers seconded the motion, which passed unanimously. H) Discuss and consider the first reading of an ordinance to amend Section 126-346 of the Code of Ordinances of the City of New Braunfels to establish a no parking zone on Hill Avenue. Mayor Brockman read the aforementioned item. Garry Ford presented this item. Monday, July 25, 2022 New Braunfels City Council Regular Meeting  Councilmember Hurta moved to approve this item. Mayor Pro Tem Bowers seconded the motion, which passed unanimously I) Discuss and consider the first reading of an ordinance to amend Section 126-346 of the Code of Ordinances of the City of New Braunfels to establish a no parking zone on Loop 337 Ramp between Loop 337 and Church Hill Drive. Mayor Brockman read the aforementioned item. Garry Ford presented this item. The following individuals spoke at this time: Timothy Davis, Chase Cochran, and Ruby Moseley. Councilmember Hurta moved to postpone this item to the August 8, 2022. City Council Meeting. Councilmember Blakey seconded the motion, which passed. Opposed: Mayor Brockman, Councilmember Campos, and Councilmember Spradley J) Public hearing and the first reading of an ordinance amending Section 126-354 of the Code of Ordinances of the City of New Braunfels to amend Parking by Permit Area K. Mayor Brockman read the aforementioned item. Garry Ford presented this item. Councilmember Hurta moved to approve this item. Mayor Pro Tem Bowers seconded the motion, which passed unanimously K) Public hearing and first reading of an ordinance regarding a proposed rezoning to apply a Special Use Permit to allow a bed and breakfast in the “R-2” Single and Two Family Residential District on 0.3992 acres, addressed at 842 and 854 W. Bridge Street. Mayor Brockman read the aforementioned item. Jean Drew presented this item. Councilmember Spradley moved to approve this item. Councilmember Campos seconded the motion, which passed unanimously. Monday, July 25, 2022 New Braunfels City Council Regular Meeting  L) Discuss and consider the first reading of an ordinance to adopt a Municipal Utility District petition filing fee. Mayor Brockman read the aforementioned item. Christopher Looney presented this item. Councilmember Willis moved to approve this item with staff recommendations. Councilmember Campos seconded the motion, which passed unanimously. 4. EXECUTIVE SESSIONS In accordance with the Open Meetings Act, Texas Government Code, Ch. 551, the City Council may convene in a closed session to discuss any of the items listed below. Any final action or vote on any executive session item will be taken in open session. A) Deliberate Issues Regarding Economic Development Negotiations in accordance with Section 551.087 of the Texas Government Code. · Project Locked · Project Clean B) 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: · Chapter 242 of the Texas Local Government Code and proposed replacement of the current Interlocal Agreement with Guadalupe County on subdivision development regulations Mayor Brockman read the aforementioned items. Mayor Brockman recessed into Executive Session at 10:47 p.m. 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 12:01 a.m. on July 26, 2022. No action to be taken Monday, July 25, 2022 New Braunfels City Council Regular Meeting ADJOURNMENT Mayor Brockman adjourned at 12:01 a.m. on July 26, 2022. By: ______________________________ RUSTY BROCKMAN, MAYOR Attest: _________________________________ GAYLE WILKINSON, CITY SECRETARY Monday, July 25, 2022 New Braunfels City Council Regular Meeting